Excerpt: ... court to generally issue a protective order if: (1) the discovery “is unreasonable cumulative or duplicative, or is obtainable from some other source that is more convenient, less burdensome, or less expensive”; or (2) the discovery “is unduly burdensome or expensive, taking into account the needs of the case, the amount in controversy, and the importance of the issues at stake in the litigation.” Of course, a plaintiff must be a member ...

Excerpt: ...rse, orders from that court). Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal. App. 4th 97, 113. Redact social security numbers from any publicly available documents and sustain plaintiffs' objection 25. Appearances requested to discuss the most effici ent way to accomplish this. Sustain plaintiffs' objections 1, 5 -9, 13, 16, 21, 25 -26, 30 -33, overrule all of plaintiffs' other objections. Sustain defendant's objections 1, 6 -7, 1...

Excerpt: ...only has an av erage). Is plaintiff's counsel aware of other collective or representative actions asserting similar claims? CMO ¶ H.3. 3. No declaration from defense counsel as to whether counsel is aware of similar claims in another action. CMO ¶ H.3.b. 4. No declara tion from settlement administrator or from plaintiff's counsel as to whether multiple bids from settlement administrators were sought and whether the minimum bid was accepted and ...

Excerpt: ... Keating (1984) 465 U.S. 1 12; Volt Ino. Sciences Inc. v. Board o Trustees o Leland Stanord Junior University (1989) 489 U.S. 468 477. The FAA embodies a strong ederal policy avoring arbitration. Southland 465 U.S. at 12. The arbitration agreement provides that “[a]rbitration shall be conducted in accordance with and pursuant to the then-e
¯ective provisions o the CAA or i applicable the then-current provisions o the FAA.” D...

Excerpt: ... Keating (1984) 465 U.S. 1 12; Volt Ino. Sciences Inc. v. Board o Trustees o Leland Stanord Junior University (1989) 489 U.S. 468 477. The FAA embodies a strong ederal policy avoring arbitration. Southland 465 U.S. at 12. The arbitration agreement provides that “[a]rbitration shall be conducted in accordance with and pursuant to the then-e
¯ective provisions o the CAA or i applicable the then-current provisions o the FAA.” D...

Excerpt: ...al Arbitration Act or California Arbitration Act govern this dispute Defendant o
¯ers su
¯icient evidence that it is engaged in interstate commerce Further, the arbitration agreement expressly states that the FAA applies If an arbitration agreement expressly states that it is governed by the FAA the FAA applies Aviation Data, Inc v Am Express Travel Related Servs Co, Inc (2007) 152 CalApp4th 1522, 1534-1535; Victrola 89, LLC v Jama...

Excerpt: ...se of having the court take judicial notice of documents whose truthfulness or proper interpretation are disputable." Freemont Indemnity Co. v. Freemont General Corp. (2007) 148 Cal.App.4th 97, 114; StorMedia Inc. v. Superior Court (1999) 20 Cal.4th 449, 457 n. 9 (although the existence of a document may be judicially noticeable, the truth of statements in it are not subject to judicial notice if reasonably disputable). Deny request for judicial ...

Excerpt: ...se of having the court take judicial notice of documents whose truthfulness or proper interpretation are disputable." Freemont Indemnity Co. v. Freemont General Corp. (2007) 148 Cal.App.4th 97, 114; StorMedia Inc. v. Superior Court (1999) 20 Cal.4th 449, 457 n. 9 (although the existence of a document may be judicially noticeable, the truth of statements in it are not subject to judicial notice if reasonably disputable). Deny request for judicial ...

Excerpt: ... Labor Code section 887 allows employers of emergency ambulance employees to require them to be reachable via a portable communications device throughout their meal and rest break. They assert the facts alleged do not support the fifth cause of action. Defendants seek to strike allegations for failure to reimburse uniform purchases and uniform maintenance because said reimbursements are not recoverable. They seek to strike references to waiting t...

Excerpt: ...f any other class, representative or collective action in another court that asserts claims similar to those asserted in this action. He does not, however, state whether he made a reasonable inquiry of other members of the firm to determine if any of those individuals are aware of any such cases. 4. CMO 3(c): If a class member fails to cash their check by the deadline, then the settlement administrator shall distribute such funds to the Californi...

Excerpt: ...ll matters stated therein. Mangini v. R.J. Reynolds Tobacco Co. (1994) 7 Cal.4th 1057, 1063 disapproved on other grounds In re Tobacco Cases II (2007) 41 Cal.4th 1257. Deny petitioners' request for notice of items 17-20 because they are not facts and propositions that are not reasonably subject to dispute. As to the first cause of action, for violation of CECA, questions of whether an action is barred by the statute of limitations are typically q...

Excerpt: ...ited to the record. He argues the owner of an entity does not own the entity's assets or interests. Petitioner responds that California Public Resources Code section 21167.5.5(a) requires the petitioner to name any parties that received an approval. It argues that this was not frivolous to demonstrate malicious prosecution, to which Hasso fails to establish. It argues the issue is whether the naming of Hasso was improper, not whether he should ha...

Excerpt: ...nd that petitioners failed to exhaust administrative remedies. Further, City argues that the finalization of the master plan was not a project and any challenge must have been brought after the NOD was issued on October 8, 2021. Petitioners argue both that the 180 day limitations not the 30 day period apply and that the statute began to run on February 1, 2022 when the City Council approved the master plan and map. " 'Questions concerning whether...

Excerpt: ...erruled. The complaint sufficiently alleges that plaintiff was employed by both Medcare Farms and Medcare 2.0. Nor is it required that the complaint allege "specific allegations of fact as to why the Court should consider those separate employers to be considered joint employers" as defendant Medcare contends. These would be evidentiary facts, which are not required. The rules of pleading only require ultimate facts to be alleged; evidentiary fac...

Excerpt: ...nding the employment relationship in question." Vernon v. State of California (2004) 116 Cal.App.4th 114, 124-125. The keystone of the employment relationship is the requirement that the employer exercise direction and control over the person's work. Bradley v. Dept. of Corrections and Rehabilitation (2008) 158 Cal.App.4th 1612, 1625. Other factors to consider in determining whether a secondary employer may be liable in an employment action inclu...

Excerpt: ... redistributed to Class Members. Counsel appears to have misunderstood this issue. As explained in the CMO, the Court believes that the redistribution of uncashed checks to the members of the class who did cash their checks better serves the public interest than distribution to a cy pres. If the parties chose to use a cy pres rather than the distribution back to class members, the CMO requires an explanation. This explanation was not provided. 3....

Excerpt: ...te them as a party after their true name is discovered. Binnquist does not identify under what statute it is seeking to quash or strike the Roe Amendment for failing to comply with CCP S 474. It cites to McClatchy v. Colbentz, Patch, Duffy & Bass, LLP (2016) 247 Cal.App.4th 368, which holds that a motion can be brought to quash or strike the Roe Amendment. In McClatchy a moton to quash was brought under California Code of Civil Procedure secton 4...

Excerpt: ... in favor of those processes." Bono v. David (2007) 147 Cal. App. 4th 1055, 1062. A petition to compel arbitration is a suit in equity seeking specific performance of an arbitration agreement. Hotels Nevada, LLC v. Los Angeles Pacific Center, Inc. (2012) 203 Cal.App.4th 336, 347. California Code of Civil Procedure secton 1281.2 provides that "[o]n petition of a party to an arbitration agreement alleging the existence of a written agreement to arb...

Excerpt: ... matter regarding similar claims did not preclude Plaintiff from asserting the class and PAGA claims. The fact that a settlement had been reached did not resolve the other lawsuit (RIC1901197) because the court was required to approve the settlement regarding the class and PAGA claims. Perhaps the settlement reduced the likelihood that plaintiff could proceed on her PAGA claim but it did not make it impossible—the court could have denied approv...

Excerpt: ...42 USC S 1985(3)), and retaliation (42 USC S 1983). Defendant moves for summary judgment, arguing that each of the section 1983 claims fail because no policy violation was alleged as required in Modell v. New York City Dept. of Social Services (1978) 436 U.S. 658. Plaintiff asks the court to strike the declarations of DDA Lucero and Senior Audio Video Technician Lewandowski because, he asserts, they are contradictory and conclusory. To the extent...

Excerpt: ...re). 3. Need counsel's estimate, as to each claim, of total damages, penalties or other relief that the class could reasonably expect and the likely award at trial for all claims collectively. 4. Declaration from Quintlone identifies some cases that he worked on were class certification was granted and one trial, but he is not the attorney who submitted the declaration with the estimates, Markham was. 5. Is the one PAGA case the only other collec...

Excerpt: ...uired to authenticate the respondent's signature on an arbitration agreement as a preliminary matter in the moving papers and is only required to do so if the signature is challenged. Ruiz v. Moss Bros. Auto Group, Inc. (2014) 232 Cal.App.4th 836, 846. under California Civil Code section 1633.9(a), "An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any m...

Excerpt: ...s counsel does not set forth the number of class certification orders counsel has obtained after contested motions or the number of trials conducted alleging such claims. 5. Need estimate of recovery by average class member is settlement were approved and range of recovery as well as average payment to aggrieved employees. Average individual settlement payment is not sufficient. 5. Did plaintiff's counsel inquire of others in their firm(s) as to ...

Excerpt: ...tively appurtenant to land Bank of Visalia v. Smith (1905) 146 Cal.398 "[T]he shares themselves are personalty and do not pass upon a conveyance of land unless they are appurtenant thereto; they may become appurtenant by the adoption of appropriate provisions in the by-laws of the water company Wheat v. Thomas (1930) 209 Cal. 306, 315. Here, section 4 of Article XII of the bylaws (Complaint, Ex. 5) implies that the stocks are appurtenant to land ...

Excerpt: ...hould be resolved in favor of those processes." Bono v. David (2007) 147 Cal. App. 4th 1055, 1052. A petition to compel arbitration is a suit in equity seeking specific performance of an arbitration agreement. Hotels Nevada, LLC v. Los Angeles Pacific Center, Inc. (2012) 203 Cal.App.4th 336, 347. California Code of Civil Procedure section 1281.2 provides that "[o]n petition of a party to an arbitration agreement alleging the existence of a writte...