Excerpt: ...ebruary 14, 2022. The factual and procedural background of the action and the Court's analysis of the settlement and settlement class are set forth in that order. Before the Court is Plaintiff's motion for final approval of the settlement and for approval of his attorney fees, costs, and service award. The motion is unopposed. As discussed below, the Court GRANTS final approval. I. LEGAL STANDARDS FOR SETTLEMENT APPROVAL A. Class Action Generally...

Excerpt: ...e shifts, failed to reimburse them for business expenses, and committed other wage and hour violations. Before the Court is Plaintiffs' motion for preliminary approval of a settlement. As discussed below, the Court GRANTS preliminary approval. I. BACKGROUND According to the operative complaint, Defendants are an integrated enterprise operating a chain of Hispanic supermarkets, including at least six corporate entity defendants and three individua...

Excerpt: ...aintiff's motion for preliminary approval of a settlement. As discussed below, the Court is inclined to grant preliminary approval, subject to the parties' agreement to amend the release to conform with Amaro v. Anaheim Arena Management, LLC (2021) 69 Cal.App.5th 521 (Amaro). (The Court understands the parties are talking about this issue and will provide an update at the June 2, 2022 hearing.) I. BACKGROUND According to the operative complaint, ...

Excerpt: ... claim. Now before the Court is Plaintiff's motion to “reinstate” the class claim, deem the matter complex, and reassign the action to Department 1, based on MCM's failure to pay fees associated with the arbitration. MCM opposes Plaintiff's motion and urges that the Court should order the matter back to arbitration, or in any event should not reinstate the class claim. As discussed below, the Court DENIES Plaintiff's motion. It does not rule ...

Excerpt: ...y approval of a settlement.2 As discussed below, the Court GRANTS preliminary approval. I. BACKGROUND As alleged in the operative complaint, Defendants own and operate facilities that provide catering and café management services in California. (Class Action Complaint, ¶ 36.) Cosmopolitan is a Silicon Valley‐based, full‐service catering and café management company (id. at ¶¶ 38‐39), while LGC is a national staffing agency in the fields...

Excerpt: ...tion and the Court's analysis of the settlement and settlement class are set forth in that order. Before the Court is Plaintiff's motion for final approval of the settlement and for approval of his attorney fees, costs, and service award. The motion is unopposed. As discussed below, the Court GRANTS final approval. I. LEGAL STANDARDS FOR SETTLEMENT APPROVAL A. Class Action Generally, “questions whether a [class action] settlement was fair and r...

Excerpt: ...edural background of the action and the Court's analysis of the settlement and settlement class are set forth in that order. Before the Court is Plaintiff's motion for final approval of the settlement and for approval of his attorney fees, costs, and service award. The motion is unopposed. As discussed below, the Court GRANTS final approval. I. LEGAL STANDARDS FOR SETTLEMENT APPROVAL A. Class Action Generally, “questions whether a [class action...

Excerpt: ...he Court preliminarily approved in an order filed on January 25, 2022. The factual and procedural background of the action and the Court's analysis of the settlement and settlement class are set forth in that order. Before the Court is Plaintiffs' motion for final approval of the settlement and for approval of their attorney fees, costs, and service awards. The motion is unopposed. As discussed below, the Court GRANTS final approval, albeit with ...

Excerpt: ...t, ¶ 11.) On or about May 20, 2016, Plaintiff hired defendant Moorea Brega (“Brega”) as a Senior Director who executed an employment agreement and PIIA on the date of hire and was subsequently promoted to Vice President, Data Science. (Complaint ¶¶ 12‐13.) On or about July 31, 2017, Plaintiff hired defendant David Mendelson (“Mendelson”) as a Senior Director of Product who executed an employment agreement and PIIA on the date of hire...

Excerpt: ...l principal Martin Chargin (“Chargin”) continuously assured Plaintiff both orally and in writing that her pay was $22 per hour. (See complaint, ¶ 22.) However, despite these assurances, Plaintiff never received $22 per hour, and Plaintiff filed a claim with the California Department of Labor. (Id.) Moreover, Church denied Plaintiff proper meal breaks, rest breaks and failed to pay Plaintiff properly— disallowing Plaintiff to properly clock...

Excerpt: ...Pursuant to the agreement, Mr. Wieland, SoulMalas, and defendant Megan Wieland (“Mrs. Wieland”) (collectively, “Defendants”) agreed to pay $275,000, which was financed by a promissory note issued by Plaintiff for $75,000. (See complaint, ¶ 12.) According to the promissory note, Defendants were obligated to make monthly payments of $6,489.51 including 7% interest for 12 months. (See complaint, ¶ 13.) Defendants did not make the required ...

Excerpt: ...) Along with purchase of the Vehicle, Plaintiff received various written warranties and other express and implied warranties. (Id. at ¶¶ 7‐8.) Beginning on April 15, 2019, Plaintiff presented the Vehicle to defendants for repairs related to numerous defects, malfunctions, misadjustments, and/or nonconformities including, but not limited to, the Defective Transmission. (Complaint at ¶ 34.) The Defective Transmission presents a safety hazard b...

Excerpt: ...at the City is now using a new interpretation of its zoning code to prevent Bloom and its customers from installing the technology, not for any legitimate purpose, but to protect the financial interests of its municipal electric utility, Silicon Valley Power (“SVP”). As a result, Bloom brings this action for writ of mandate, violation of the California Environmental Quality Act (“CEQA”), constitutional violations, and other claims.9 Befor...

Excerpt: ...ent Law, Set One; (2) Form Interrogatories—General, Set One; (3) Requests for Admission, Set One; (4) Requests for Production of Documents, Set One; and (5) Special Interrogatories, Set One. Plaintiff seeks monetary sanctions in connection with each motion. After failing to respond to attempts to schedule an informal discovery conference (“IDC”) concerning these motions and to appear at the last case management conference on February 24, 20...

Excerpt: ...ion for leave to file a Second Amended Complaint (“SAC”), which would add new allegations about meal and rest period violations. Defendants oppose Plaintiff's motion, urging that the allegations raise new claims that are barred by the statute of limitations and go beyond the scope of Plaintiff's PAGA notice letter submitted in 2018. As discussed below, the Court DENIES Plaintiff's motion, since the new claims he seeks to assert are untimely. ...

Excerpt: ...Court is Plaintiff's motion for preliminary approval of a settlement. As discussed below, the Court is inclined to grant preliminary approval, subject to the parties' agreement to amend the release to conform with Amaro v. Anaheim Arena Management, LLC (2021) 69 Cal.App.5th 521 (Amaro). I. BACKGROUND According to the operative complaint, Plaintiff worked for Defendants as a non‐exempt, hourly employee from November 19, 2018 to November 21, 2018...

Excerpt: ... on an agreement between the parties; Mr. D'Aguiar opposed the motion. The Court granted the motion and this ruling was upheld on appeal. The parties therefore went to arbitration and held an arbitration hearing in December 2021. In February 2022, the arbitrator, in a written decision, ruled completely in favor of TMobile and gave no relief to Mr. D'Aguiar. Now Mr. D'Aguiar seeks to vacate the arbitration award and T‐Mobile seeks to confirm the...

Excerpt: ...Castro underwent a surgical procedure, performed by plaintiff Maia Chakerian, M.D. (“Dr. Chakerian”), to place an occipital nerve simulator manufactured by Bioness for the purposes of controlling her chronic pain, including severe headaches. (FAC, ¶ 11.) During the procedure, two Bioness employees were present and provided information and instructions to Dr. Chakerian concerning the implantation of the nerve simulator. (Id.) Dr. Chakerian an...

Excerpt: ...or preliminary approval of a settlement, which is unopposed. As discussed below, the Court is inclined to grant preliminary approval, subject to the parties' agreement to amend one of the releases at issue to conform with Amaro v. Anaheim Arena Management, LLC (2021) 69 Cal.App.5th 521 (Amaro). I. BACKGROUND Defendant is a California molecular diagnostics company that develops, manufactures, and markets fully integrated systems for testing in the...

Excerpt: ...ited liability company that purchases and collects charged‐off consumer debts in California. (First Amended Complaint (“FAC”), ¶ 11.) It is a “debt collector” as defined by Civil Code section 1788.2. (Ibid.) Plaintiff is alleged to have incurred a “consumer debt” under the same statute, in the form of a consumer credit account issued by Barclays Bank Delaware. (Id., ¶ 15.) Barclays received the last payment on this debt on Septemb...

Excerpt: ...ed the benefit of their SBLs because fans could not attend games during the 2020 season due to the COVID‐19 pandemic. Before the Court are SCSA's (1) demurrer to the single cause of action in the Complaint and (2) motion to strike Plaintiff's request for attorney fees. As discussed below, the Court SUSTAINS the demurrer with leave to amend, and so the motion to strike is MOOT. I. BACKGROUND A. Factual As alleged in the Complaint, the Stadium Au...

Excerpt: ...Complaint (“FAC”), ¶ 7.) She alleges that, during pay periods when she received 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, Ms. Richert brings a class claim under Labor Code section 226 and a representative claim under the Private Attorneys General Act (“PAGA”). B. Procedural On June 17, 201...

Excerpt: ...urt is Plaintiff's motion to determine the trial deadline pursuant to Code of Civil Procedure section 583.310. Plaintiff contends that— due to the stay of this action in 2017, which continued while an appeal was decided—the deadline is no earlier than May 27, 2024, per Code of Civil Procedure section 583.340 (“Section 583.340”), subdivision (b); and in any event, trial before that date would be impracticable per subdivision (c) of Section...

Excerpt: ...intiff's motion for preliminary approval of a settlement, which is unopposed. As discussed below, the Court requires further information to evaluate the settlement, and is disinclined to approve it unless the parties agree to amend the release to conform with Amaro v. Anaheim Arena Management, LLC (2021) 69 Cal.App.5th 521 (Amaro). I. BACKGROUND ITU is a domestic non‐profit organization operating a university in California. (Complaint, ¶ 11.) ...

Excerpt: ...tigation. Now before the Court is Plaintiff's motion for preliminary approval of a settlement, which is unopposed. In a tentative ruling issued on March 15, 2022, the Court directed Plaintiff to file a supplemental declaration addressing the merits of its claims in more detail. The Court continued the hearing on Plaintiff's motion accordingly. On April 14, 2022, Plaintiff filed a supplemental declaration by Ashley Rifkin, which the Court has revi...