Excerpt: ...r. Before the Court is plaintiff's motion for final approval of the settlement and for approval of her attorney fees, costs, and service award. Plaintiff's motion is unopposed. I. Legal Standards for Approving a Class Action/PAGA Settlement Generally, “questions whether a settlement was fair and reasonable, whether notice to the class was adequate, whether certification of the class was proper, and whether the attorney fee award was proper are ...

Excerpt: ...roval of the settlement and for approval of their attorney fees, costs, and service awards. Plaintiffs' motion is unopposed. I. Legal Standards for Approving a Class Action Settlement Generally, “questions whether a settlement was fair and reasonable, whether notice to the class was adequate, whether certification of the class was proper, and whether the attorney fee award was proper are matters addressed to the trial court's broad discretion.�...

Excerpt: ... final approval of the settlement and for approval of his attorney fees, costs, and service award. Plaintiff's motion is unopposed. I. Legal Standards for Approving a Class Action/PAGA Settlement Generally, “questions whether a settlement was fair and reasonable, whether notice to the class was adequate, whether certification of the class was proper, and whether the attorney fee award was proper are matters addressed to the trial court's broad ...

Excerpt: ...on the issue of [its] cure pursuant to Cal. Code of Civ. Proc. § 1008 (b),” and dismissing plaintiff's individual and class claims. Plaintiff filed a “limited” opposition to this second motion, urging that the motion is procedurally improper and/or untimely. I. Factual and Procedural Background Plaintiff incurred a consumer debt in the form of a credit account issued by WebBank. (Complaint, ¶ 15.) She was unable to pay the debt and defaul...

Excerpt: ...iled to pay all wages due to employees due to illegal time rounding; failed to pay overtime for all overtime hours worked; failed to pay 7th‐day overtime; violated Labor Code section 552's prohibition on over six consecutive working days per week; failed to provide meal and rest periods; derivatively and independently failed to provide accurate wage statements; and are derivatively liable for penalties pursuant to Labor Code section 203, the Pr...

Excerpt: ...a non‐ exempt employee from April 2015 through December 2017. (SAC, ¶ 11.) She and the other putative class members were hired to provide roadshow staffing in Costco stores. (Ibid.) Plaintiff alleges that both defendants were her employers. (Id. at ¶¶ 11‐18.) She and other putative class members were misclassified as exempt and paid solely by commissions; consequently, they were not paid for all hours worked (including overtime), missed me...

Excerpt: ...anta Clara on October 24, 2017; (2) Sam Moussa v. Fogo de Chao Churrascaria (California), LLC, et al., Case No. BC689391, filed in the Superior Court of California, County of Los Angeles on January 11, 2018; and (3) Faraz Yousefian v. Fogo de Chao Churrascaria California, LLC, et al., Case No. BC709639, filed in the Superior Court of California, County of Los Angeles on June 15, 2018. Defendants' petition is unopposed. I. Legal Standard “Coordi...

Excerpt: ...oval of the settlement and for approval of his attorney fees, costs, and service award. Plaintiff's motion is unopposed. I. Legal Standards for Approving a Class Action/PAGA Settlement Generally, “questions whether a settlement was fair and reasonable, whether notice to the class was adequate, whether certification of the class was proper, and whether the attorney fee award was proper are matters addressed to the trial court's broad discretion....

Excerpt: ...f's motion for final approval of the settlement and for approval of her attorney fees, costs, and service award. Plaintiff's motion is unopposed. I. Legal Standards for Approving a Class Action/PAGA Settlement Generally, “questions whether a settlement was fair and reasonable, whether notice to the class was adequate, whether certification of the class was proper, and whether the attorney fee award was proper are matters addressed to the trial ...

Excerpt: ...s plaintiff's motion for final approval of the settlement and for approval of her attorney fees, costs, and service award. Plaintiff's motion is unopposed. I. Legal Standards for Approving a Class Action/PAGA Settlement Generally, “questions whether a settlement was fair and reasonable, whether notice to the class was adequate, whether certification of the class was proper, and whether the attorney fee award was proper are matters addressed to ...

Excerpt: ...hat order. Before the Court are plaintiffs' motions for final approval of the settlement and for an award of attorney fees and expenses, which are unopposed. I. Legal Standard for Approving a Class Action Settlement Generally, “questions whether a settlement was fair and reasonable, whether notice to the class was adequate, whether certification of the class was proper, and whether the attorney fee award was proper are matters addressed to the ...

Excerpt: ...hat order. Before the Court are plaintiffs' motions for final approval of the settlement and for an award of attorney fees and expenses, which are unopposed. I. Legal Standard for Approving a Class Action Settlement Generally, “questions whether a settlement was fair and reasonable, whether notice to the class was adequate, whether certification of the class was proper, and whether the attorney fee award was proper are matters addressed to the ...

Excerpt: ...ne of the largest information technology companies in the world, selling products and services on an enterprise level. (Complaint, ¶ 1.) Women make up approximately 1/3 of HPE's employees, filling 81 percent of administrative support jobs, but only 17 percent of technician jobs, 22 percent of sales jobs, and 17 percent of executive/senior/official & manager positions. (Id. at ¶ 3.) HPE does not publish the measures it takes to address the gende...

Excerpt: ...mitted the misappropriation and other wrongdoing alleged by Agilent, and seeking to hold Agilent liable for defamation, intentional interference with prospective economic advantage, and unfair competition based on its public statements about this litigation preceding Twist's initial public offering and its attempts to enforce employment contract provisions that Twist contends are invalid. Agilent filed a special motion to strike the crosscomplain...

Excerpt: ...2017, plaintiff worked for defendant as a security guard/officer and was paid on an hourly basis as a non‐exempt employee. (Second Amended Complaint, ¶ 6.) Plaintiff alleges that Inter‐Con failed to pay him and other security guards/officers on a weekly basis as required of “temporary services employers” by Labor Code section 201.3. (Id. at ¶ 16.) Based on these allegations, he asserts a single cause of action under PAGA. In 2018, Inter...

Excerpt: ... willfully understaffed its facilities, forcing plaintiff and other employees to forgo meal and rest periods. (Id. at ¶ 3.) Moreover, defendant's rest break policy, which stated that employees were not entitled to rest breaks unless they had worked for at least 4 hours, was illegal on its face. (Id. at ¶ 5.) Finally, defendant required plaintiff and other employees to wear branded uniforms, but provided only two uniforms to each employee, so th...

Excerpt: ...vices including executive protection, special event, investigation, risk/threat assessment, retail loss prevention, and uniformed services. (FAC, ¶ 2.) Plaintiff has been employed by defendant as a non‐exempt security guard since February 2016. (Id. at ¶ 3.) He alleges that defendant fails to compensate security guards for missed meal and rest periods and for overtime worked. (Id. at ¶¶ 8‐14.) In addition, wages paid pursuant to defendant...

Excerpt: ...d overtime wages, her wage statements failed to identify the accurate rates of overtime pay and the accurate total hours worked as required by the Labor Code. (Ibid.) Based on these allegations, plaintiff brings a putative class claim under Labor Code section 226 and a representative claim under the Private Attorneys General Act (“PAGA”). Plaintiff now moves to certify the alleged class of “all current and former California non‐ exempt em...

Excerpt: ...nt accordingly. Isaacson now brings a motion for reconsideration of the May 2nd order and a motion for leave to intervene. The motion for reconsideration is opposed by both AFOP and plaintiff Stephen Bushansky, while the motion for leave to intervene is unopposed. I. Motion for Reconsideration In his motion for reconsideration, Isaacson contends that the Court's “reduction in the award of attorneys' fees” to class counsel in the May 2nd order...

Excerpt: ...y of 2017. (Complaint, ¶ 8.) She alleged that SIS failed to compensate her and other putative class members for time spent cleaning and maintaining their uniforms and associated expenses, and issued their final wages in the form of an ATM card that triggered fees upon use, was not fully cashable, and could not be used at all financial institutions. (Id. at ¶ 18.) Based on these allegations, plaintiff brought claims for (1) violation of Labor Co...

Excerpt: ... to amend, based on failure to plead demand futility. Plaintiff John Krawczyk, II filed a notice of appeal, while the other plaintiffs did not. Apple filed a memorandum of costs on December 27, 2018. Pursuant to a stipulated order, it filed an amended memorandum of costs on January 16, 2019. At issue are separate motions to strike or tax costs by plaintiffs Krawczyk and The Police Retirement System of St. Louis (“St. Louis Police”), which are...

Excerpt: ...��FEHA”) on behalf of Asian job applicants. Plaintiffs oppose both motions. I. Factual and Procedural Background Plaintiffs James Damore, David Gudeman, Stephen McPherson, and Michael Burns are former Google employees and job applicants Google did not hire. (First Amended Complaint (“FAC”), ¶¶ 12‐16.) They allege that Google employees who expressed views deviating from the majority of their colleagues on political subjects raised in the...

Excerpt: ...lace as a non‐exempt retail store employee. (SAC, ¶ 7.) After his work shifts and when leaving the store for his meal break, plaintiff was required to clock out. (Ibid.) He was then required to wait to be “checked” and/or patted down by a supervisor/manager before being released from work. (Ibid.) This time was not compensated and resulted in plaintiff routinely receiving less than 30 minutes for his meal breaks. (Ibid.) Based on these all...

Excerpt: ...C is a Michigan corporation engaged in the business of collecting defaulted consumer debts in California. (Complaint, ¶ 11.) Defendants David Edward Cairnduff and James Matthew Hresko are Michigan residents who plaintiff alleges are employees, agents, officers, and/or directors of MMCC and are themselves “third‐ party debt collectors” under the RFDCPA. (Id. at ¶¶ 12‐13.) Plaintiff alleges that defendants routinely send initial written ...

Excerpt: ...e 2.550(d) [stating that the court must make the following express factual findings before granting leave to file records under seal: (1) an overriding interest overcomes the public's presumptive right of access to court records, (2) that interest supports sealing the records, (3) a substantial probability exists that the overriding interest will be prejudiced if the records are not sealed, (4) the proposed sealing is narrowly tailored, and (5) n...