Excerpt: ...any supplemental filings at least 5 court days before the hearing. LWDA/PAGA RELEASE The settlement agreement states that the participating class members are releasing "all Released PAGA Claims." (Agt, I.1.) The parties might want to amend the agreement in this regard. The named plaintiff acts as agent or proxy of the LWDA under the PAGA and can release the claims of the LWDA. The named plaintiff does not represent the "aggrieved employees" in th...

Excerpt: ... is for ages 2-3. It is sold with a plastic dropper. The label states that it is 160 mg of acetaminophen per 5 ml. The "Children's Pain Relief" states it is for ages 2-11. It is sold with a plastic cup. The label states that it is 160 mg of acetaminophen per 5 ml. The 1AC asserts that by using different names that defendants mislead consumers into thinking that the "Infants' Pain Relief" has a different formulation than the "Children's Pain Relie...

Excerpt: ... paid sick leave based on the employee's "regular rate of pay" as the base hourly wages. Plaintiffs assert that Kaiser should have calculated the employee's "regular rate of pay" as including base hourly wages plus shift differentials, assignment based differentials, longevity differentials, and other non-discretionary wages. (Cpt para 21, 22.) The complaint asserts (1) a UCL unlawful claim borrowing from Labor Code 246; (2) a Labor Code 218, 204...

Excerpt: ...99) 20 Cal. 4th 1178, 1216-1217; In re Marriage of Nicholas (2010) 186 Cal.App.4th 1566, 1575-1575.) In reviewing a motion to seal, the court starts with the "strong presumption ... in favor of public access to court records in ordinary civil trials." (In re Marriage of Nicholas, 186 Cal.App.4th at 1575.) The party seeking to seal a document in a Court file must overcome that "strong presumption" by presenting declarations that contain fact suffi...

Excerpt: ...s on behalf of Midland. Defendant BLG filed a certificate of dissolution on 2/2/15. (Order of 7/27/18.) The claims against BLG have settled. The Complaint contains causes of action for (1) Rosenthal Act Claim (specifically alleged violations of Civil Code ["CC"] section 1788.17) and (2) Unfair Competition Law (violations of Business and Professions Code sections 17200, et seq. ["UCL"]). The complaint seeks, damages, restitution, and injunctive re...

Excerpt: ...s. (Order of 10/6/19.) The case preliminarily settled for monetary relief of a total of approximately $700,000. The settlement agreement states there will be attorneys' fees and cost of up to $210,000 (30%) and a service award of $10,000 for each class representative. The case preliminarily settled for non-monetary relief of agreement to cooperate in the discovery for the claims against Midland. The proposed class notice form and procedure are ad...

Excerpt: ...31/19, plaintiff stopped working at Marshalls. (Cpt para 11.) At that time, plaintiff had no authority to represent the LWDA. Emergency Rule 9 tolled the statute of limitations from 4/6/20 through 10/1/20. During this time period, plaintiff had no authority to represent the LWDA. On 11/4/20, plaintiff provided a PAGA notice to the LWDA and to Defendants. The LWDA presumably failed to respond. Therefore, on or about 1/9/21 plaintiff had authority ...

Excerpt: ...on and discipline. ... Limiting disclosure of third party complaints, investigations, and discipline to the persons who consent to the disclosure and production of their complaints also addresses the burden issue. The results of the opt-in waiver for complaints of race harassment will define the files to be reviewed, which then limits the burden on Tesla of locating the relevant files." On 4/9/21, the court granted in part Tesla's motion to not c...

Excerpt: ...,000. The settlement agreement states there will be attorneys' fees and cost of up to $500,000 (33%), costs of up to $30,000, a service award of $10.000 for the class representative, and settlement administration costs of up to $15,000. After these expenses, the class would get $945,000. The average payout per class member would be approximately $785.00. The proposed class notice form and procedure are adequate. The proposed class is appropriate ...

Excerpt: ...st of up to $566,666 (33%), costs of up to $30,000, a service award of $10.000 for the class representative, a PAGA payment of $150,000 (net of $112,500), and settlement administration costs of up to $21,000. After these expenses, the class would get approximately $960,000. The average payout per class member would be approximately $365.00. The proposed class notice form and procedure are adequate. The proposed class is appropriate for class cert...

Excerpt: ...eeks to abate both cases under CCP 430.10(c) on the ground that there is another cause of action pending between the same parties on the same cause of action. NATURE OF CLAIMS UNDER PAGA The LWDA is the real party in interest in both the Archuletta case and the Aguilar case. Plaintiffs who assert claims under PAGA are asserting claims on behalf of the State of California's Labor Workforce Development Agency. "An employee plaintiff suing ... under...

Excerpt: ...r the [PAGA] does so as the proxy or agent of the state's labor law enforcement agencies." (Iskanian v. CLS Transp. Los Angeles, LLC (2014) 59 Cal.4th 348, 381.) (See also ZB, N.A. v. Superior Court of San Diego County (2019) 2019 WL 4309684 at *4; Tanguilig v. Bloomingdale's, Inc. (2016) 5 Cal.App.5th 665, 671.) A person asserting a claim on behalf of the LWDA under PAGA must obtain court approval for any settlement. Labor Code 2699(l)(2) states...

Excerpt: ...st of up to $612,000 (35%), costs of up to $30,000, a service award of $7,500 for each of the three class representatives, a net PAGA payment of $18,750, and settlement administration costs of up to $17,000. After these expenses of approximately $699,250, the class would get $1.050,750. The average payout per class member would be $1,263. The proposed class notice form and procedure are adequate. The proposed class is appropriate for class certif...

Excerpt: ...8. On 7/8/21. the United States District Court for the Southern District of California granted defendant's motion to compel arbitration. (Slade v. Empire Today, LLC (S.D. Cal., 2021) 2021 WL 2864813.) On 11/20/20, Plaintiff filed this putative class action against Defendant alleging violations of the disclosure provisions of the Fair Credit Reporting Act related to background checks in connection with employment. Defendant removed that case to th...

Excerpt: ...ake any supplemental filings at least 5 court days before the hearing. LWDA/PAGA RELEASE The settlement agreement does not expressly release the claims of the LWDA that were asserted in the case. The briefing suggests that the parties intend to release the claims of the LWDA for penalties. The parties might want to amend the agreement in this regard. The settlement agreement states that the "released claims" includes a release of claims for penal...

Excerpt: .... "The general rule of motion practice ... is that new evidence is not permitted with reply papers. (Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1537-1538.) "A trial court has discretion to consider new evidence in reply papers supporting a summary judgment motion as long as the opposing party has notice and an opportunity to respond. ... Evidence which is used to fill gaps in the original evidence created by the opposition is particularly appro...

Excerpt: ...el for Plaintiff has provided a declaration in support of the motion that provides the information required by CCP 382.4 regarding the absence or presence of a relationship between counsel and the residual beneficiary. Counsel for Plaintiff had a prior employment relationship with Centro de la Raza and currently has a co- counsel relationship with Centro de la Raza. The payment of residual funds to Centro de la Raza creates an appearance of impro...

Excerpt: ...nt administration costs of up to $15,000, and a net PAGA payment of $37,500. After these expenses of approximately $435,833, the class would get $564,167. The average payout per class member would be $1,007. The proposed class notice form and procedure are adequate. The proposed class is appropriate for class certification. The motion makes an adequate analysis as required by Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116. The scop...

Excerpt: ...nsel must file the required declaration." Counsel must file a declaration with the required information or direct the court to a previously filed declaration with the required information. Assuming that counsel provides the CCP 382.4 information, then the order would be: The motion of plaintiffs for final approval of class action settlement is GRANTED. The motion of plaintiffs for approval of fees and costs and award is GRANTED. APPROVAL OF THE S...

Excerpt: ...costs of up to $25,000, a service award of $5,000 for the class representative, a net PAGA payment of $18,750, and settlement administration costs of up to $6,000. After these expenses of approximately $154,750, the class would get $145,250. The average payout per class members would be $410. The proposed class notice form and procedure are adequate. There were no opt outs and no objections. (Kruckenberg Supp Dec.) The proposed class is appropria...

Excerpt: ... In this case plaintiff Center for Environmental Health assets that defendants sell products that contain acrylamide or will foreseeably contain acrylamide when used, that the acrylamide is in sufficient quantities to be hazardous to health, that the products do not have adequate warnings, and that the defendants are in violation of Proposition 65 (H&S 25249.6 et seq). In California Chamber of Commerce v. Becerra, E.D. Cal. ("CalChamber") the Cal...

Excerpt: ...6-1087.) Class actions cannot be dismissed without Court approval to ensure that the named plaintiff and his or her counsel have not used the threat of a class action as leverage to obtain an unreasonable settlement for the individual named plaintiff. This serves two purposes. First, this ensures that the named plaintiff and his or her counsel do not enrich themselves in violation of their fiduciary duties to the absent class members. (Pirjada v....

Excerpt: ...5. Stated otherwise, "the fruits of pretrial discovery are, in the absence of a court order to the contrary, presumptively public." San Jose Mercury News, Inc. v. United States Dist. Court - N. Dist. (9th Cir. 1999) 187 F.3d 1096, 1103. In determining whether Defendants have demonstrated good cause, the Court considers whether the litigants and third parties have legitimate privacy interests, whether the interests are substantial, and whether tho...

Excerpt: ...6,655 (33%), costs of up to $22,000, a service award of $10,000 for each of the three class representatives, and settlement administration costs of up to $11,200. After these expenses of approximately $182,000, the class would get $170,000. The average payout per class member would be $240.00. The proposed class notice form and procedure are adequate. The proposed class is appropriate for class certification. The motion makes an adequate analysis...

Excerpt: ...der Joe's Co. (2018) 20 Cal.App.5th 989, 996.) Plaintiff Portobello Residential Owners Association (the HOA) interviewed CIDology about whether it could do certain work regarding construction management. CIDology represented it could do the work, but knew that it could not do the work. (1AC, paras 69, 76, 85.) On 1/16/17, the HOA and CIDology entered into a contract. (1ACt, para 18, Exh 1.) Following the work, there were water intrusion issues. (...

Excerpt: ...para 44.) The parties may also address any other issues raised by this order. Plaintiffs and defendants must file any supplemental papers five court days before the continued hearing date, and send email courtesy copies to Dept 21. The court's PRE-TENTATIVE order is as follows: The Motion of Plaintiff for approval of PAGA settlement under Labor Code 2699(l)(2) is [UNDECIDED]. The Motion of Plaintiff for dismissal of class claims under CRC 3.770 i...

Excerpt: ...irst, the settlement anticipates funding the settlement in two stages (para 3.04) and then making distributions to the class members in two stages. (para 3.01). The funding would be $100,000 six months after preliminary approval (estd 12/25/21) and the balance of $150,000 two months after final approval (estd 2/3/22). The court has no concerns with the two-tier funding, but is not rationally related to the two-tier distribution. Regarding the dis...

Excerpt: ...Complaint that asserted subclasses that could plausibly be certified. The order of 4/9/21 stated: "At the hearing on 4/7/21, plaintiff noted that the creation of subclasses will arguably require that there be a representative for each subclass and on that basis requested leave to add new plaintiffs to the case to act as representatives of any subclasses. The court does not in this order permit plaintiff to add new plaintiffs. Plaintiff may file a...

Excerpt: ...ion of Jay Siegan Presents, LLC, to strike the cross-complaint (R-2261530) is DROPPED. BACKGROUND Defendants International Musicians League ("IML") and International Artists League ("IAL") are businesses the provided bands for events doing business as "Lucky Devils Band." Defendant IML and IAL advertise themselves as providing services to musicians. (2AC, para 27(a) and (b).) IML and IAL arrange events for musicians to showcase their talent. (2AC...

Excerpt: ...on. GENERAL OBSERVATIONS The issue on this motion is whether Bergy must answer certain questions. IML asserts that some of the information sought was IML's trade secrets or confidential business information. This is not a basis for refusing to answer. The parties entered into a protective order and the protective order has an "attorneys eyes only" provision that can apply to was IML's trade secrets or confidential business information. IML assert...

Excerpt: ... budget related delays in filing, scanning, and serving its orders. The Judicial Council form interrogatories are designed for use in factually focused single plaintiff litigation. The form interrogatories re not designed for class actions or other cases where phrases like "Incident" cannot be defined with reference to a discrete time and place. Accordingly, the court considers the adequacy of the responses as they relate to plaintiff's individua...

Excerpt: ...d v. Brachfeld case but that Midland (having asserted the privilege) could not use those documents. (Orders of 10/6/20 and 1/14/21) Plaintiff now seeks three documents; (1) the Audit report (2) the Wohlfert Depo Exh 12; and (3) the Mikhail Depo Exh 3. Plaintiff asserts that they are not privileged or protected and if so, then the privilege or protection was waived because a "significant part of the communication" was disclosed. (Evid Code 912(a)....

Excerpt: ...s cases and PAGA cases. (Lacour v. Marshalls of CA, LLC (2021) 2021 WL 2211953.) Below is a summary. The court uses the Supreme Court's preferred terms of claim preclusion and issue preclusion. (DKN Holdings LLC v. Faerber (2015) 61 Cal.4th 813, 824.) "[T]he preclusive effect of a prior judgment is determined by the court in which it is asserted, not the court that rendered it." (In re Fireside Bank Cases (2010) 187 Cal.App.4th 1120, 1131.) Where...

Excerpt: ...6-1087.) Class actions cannot be dismissed without Court approval to ensure that the named plaintiff and his or her counsel have not used the threat of a class action as leverage to obtain an unreasonable settlement for the individual named plaintiff. This serves two purposes. First, this ensures that the named plaintiff and his or her counsel do not enrich themselves in violation of their fiduciary duties to the absent class members. (Pirjada v....

Excerpt: ...hes of contract and statutory violations related to its actions as a PBM. The motion to compel arbitration presents several issues about several agreements. The court addresses them separately. DOES ARBITRATOR DECIDE ARBITRABILITY As a general principle, "the enforceability of an arbitration agreement is ordinarily to be determined by the court. The parties may agree in the arbitration provision, however, that the enforceability issue will be del...

Excerpt: ...98) [Unpublished].) The COVID-19 pandemic started in March 2020. The COVID-19 pandemic has exposed and highlighted certain deficiencies in the California educational system In June 2020, the State of California enacted SB 98, which authorized distance learning and authorized $5.3 billion to assist school districts with that and other COVID related challenges. As of June 2021 (the date of the hearing), the COVID-19 pandemic is not over. As of June...

Excerpt: ...s attending California public schools. (Butt v. State of California (1992) 4 Cal.4th 668 (Butt).) Compton seeks to intervene, asserting that the case involves issues that cannot be resolved without their participation and that resolving the case with their involvement would impair their interests Compton's proposed compliant in intervention includes claims that are not currently in the case MANDATORY INTERVENTION Mandatory intervention is governe...

Excerpt: ...re will be attorneys' fees and cost of up to $50,000 (40%), costs of up to $TBD, a service award of $4,000 for each class representative, and settlement administration costs of up to $8,000. After these expenses of approximately $80,000, the class would get $45,000. The average payout per class members would be $1,250. The proposed class notice form and procedure are adequate. The proposed class is appropriate for class certification. The motion ...

Excerpt: ...attorneys' fees of up to $172,500 (30%), costs of up to $15,000, a service award of $7,500 for the class representative, a net PAGA payment of $18,750, and settlement administration costs of up to $15,000. After these expenses, the class would get $327,000. The average payout per class members would be $3,800. The proposed class notice form and procedure are adequate. The proposed class is appropriate for class certification. The motion makes an ...

Excerpt: ...re will be attorneys' fees and cost of up to $50,000 (40%), costs of up to $TBD, a service award of $4,000 for each class representative, and settlement administration costs of up to $8,000. After these expenses of approximately $80,000, the class would get $45,000. The average payout per class members would be $1,250. The proposed class notice form and procedure are adequate. The proposed class is appropriate for class certification. The motion ...

Excerpt: ...ake any supplemental filings at least 5 court days before the hearing. LWDA/PAGA RELEASE The settlement agreement does not expressly release the claims of the LWDA that were asserted in the case. The briefing suggests that the parties intend to release the claims of the LWDA for penalties. In any such release, the named plaintiff acting as agent or proxy of the LWDA releases the claims of the LWDA. The named plaintiff does not represent the "aggr...

Excerpt: ...ack to 7/5/19. The LWDA's claims for penalties against Lucid extend back to 8/31/19. FACTS On 9/26/19, plaintiff started employment. (1AC, para 6.) On 10/28/20, Plaintiff stopped employment. (1AC, para 6.) On 12/22/20, Plaintiff sent a PAGA letter to the LWDA regarding defendant Atieva. On 12/30/20, plaintiff filed this case against defendant Atieva. On 1/22/21, Plaintiff sent a PAGA letter to the LWDA regarding defendant Lucid. On 2/24/21, plain...

Excerpt: ...The motion of Plaintiff Center for Environmental Health for approval of settlement with General Mills, Inc, in Center for Environmental Health v. Barrell O' Fun Snack Foods, RG17-881932, regarding Animal Cookies is DENIED. STANDARD "[T]he court must determine the proposed settlement is just. ... [A] trial court should not approve an agreement contrary to law or to public policy. ... the court cannot surrender its duty to see that the judgment to ...

Excerpt: ...olated a variety of Labor Code provisions. The demurer and motion to strike concern legal issues regarding whether claims exist as a matter of law rather than challenges ot the adequacy of the factual allegations. DEMURRER The Demurrer of Golden Gate Bell to 7th cause of action in the First Amended Complaint filed 2/4/21 is SUSTAINED WITH LEAVE TO AMEND. The 7th cause of action alleges failure to pay timely wages as required under Labor Code 204....

Excerpt: ...The motion of Plaintiff Center for Environmental Health for approval of settlement with General Mills, Inc, in Center for Environmental Health v. Barrell O' Fun Snack Foods, RG17-881932, regarding Animal Cookies is DENIED. STANDARD "[T]he court must determine the proposed settlement is just. ... [A] trial court should not approve an agreement contrary to law or to public policy. ... the court cannot surrender its duty to see that the judgment to ...

Excerpt: ...olated a variety of Labor Code provisions. The demurer and motion to strike concern legal issues regarding whether claims exist as a matter of law rather than challenges ot the adequacy of the factual allegations. DEMURRER The Demurrer of Golden Gate Bell to 7th cause of action in the First Amended Complaint filed 2/4/21 is SUSTAINED WITH LEAVE TO AMEND. The 7th cause of action alleges failure to pay timely wages as required under Labor Code 204....

Excerpt: ...n a workday. Second, that AMC would continue to define work periods based on the start and stop times of the time worked. This affects the entitlement to and calculation of Labor Code 226.7 payments for missed meal periods and rest breaks because they are based when breaks are provided during a work period. Plaintiff brings this motion to address the apparent inconsistency of calculating time for one purpose based on a midnight to midnight workda...

Excerpt: ...16,666.67 (33 1/3%), costs of up to $15,000, a service award of $5,000 for each class representative, and settlement administration costs of up to $7,500, and a net PAGA payment of 1,250. After these expenses of approximately $145,400, the class would get $204,600. The average payout per class members would be $2,045. The proposed class notice form and procedure are adequate. There were no opt outs and no objections. The proposed class is appropr...

Excerpt: ...claims against Anheuser-Busch and that the claims should be severed for discovery and trial. This motion is a merits motion presented as a procedural motion. The merits issue is whether the claims against Horizon Beverage are distinct from the claims against Anheuser-Busch. If Defendant Horizon Beverage Company asserts that it was not the employer of plaintiff after 11/1/15, then it can file a motion for summary adjudication of the claims against...

Excerpt: ... talent. (2AC, para 27(d).) Clients can request specific musicians. (2AC, para 27(n).) When IML or IAL has a client it then invites musicians, who can sign up for the event and play at the event. (2AC, para 27(g).) The musician is paid a share of the proceeds of the performance. (2AC, para 27(g).) The client pays IML or IAL, and IML or IAL then pays the musicians. (2AC, para 27(j).) IML and IAL issue Form 1099s to musicians and do not issue W-2s....

Excerpt: ...16,666.67 (33 1/3%), costs of up to $15,000, a service award of $5,000 for each class representative, and settlement administration costs of up to $7,500, and a net PAGA payment of 1,250. After these expenses of approximately $145,400, the class would get $204,600. The average payout per class members would be $2,045. The proposed class notice form and procedure are adequate. There were no opt outs and no objections. The proposed class is appropr...

Excerpt: ...et the staff retain the tips. (2AC, para 14.) The 1AC asserts claims for (1) money had and received, (2) conversion, and (3) intentional interference with economic relations. ORDER ALL CAUSES OF ACTON The 2AC alleges the same facts as the 1AC, but restates and clarifies the legal basis for the claims. The 2AC is not a mere re-filing of the 1AC with a different caption. Plaintiff is not asserting statutory claims directly against the Regents. Gove...

Excerpt: ...on 2/2/21 stated: "The court's preliminary thoughts follow: ... Hard copies of documents. The production of hard copies of exemplars of the trifold mailing packages documents seems advisable on the facts of this case. The court would suggest both (1) production of exemplars of the trifold mailing packages documents and (2) a mutual set of exemplars of the trifold mailing packages documents to be used at depositions." The IDC advice was preliminar...

Excerpt: ...dustry Groups seek to intervene. Permissive intervention is governed by CCP 387(d)(2). Under that section, "the trial court has discretion to permit a nonparty to intervene where the following factors are met: (1) the proper procedures have been followed; (2) the nonparty has a direct and immediate interest in the action; (3) the intervention will not enlarge the issues in the litigation; and (4) the reasons for the intervention outweigh any oppo...

Excerpt: ... talent. (2AC, para 27(d).) Clients can request specific musicians. (2AC, para 27(n).) When IML or IAL has a client it then invites musicians, who can sign up for the event and play at the event. (2AC, para 27(g).) The musician is paid a share of the proceeds of the performance. (2AC, para 27(g).) The client pays IML or IAL, and IML or IAL then pays the musicians. (2AC, para 27(j).) IML and IAL issue Form 1099s to musicians and do not issue W-2s....

Excerpt: ...%), costs of up to $15,000, a service award of $2,500 for each class representative, and settlement administration costs of up to $10,000. After these expenses of approximately $80,000, the class would get $120,000. The average payout per class members would be $4,615. The proposed class notice form and procedure are adequate. There were no opt outs and no objections. The proposed class is appropriate for class certification. The motion makes an ...

Excerpt: ...dino, Case No. CIV-DS-19-09557. McCorkle v. Ralphs Grocery Company, Superior Court of the State of California, County of San Diego, Case No. 37-2019-00017091. The petition to add on cases to the JCCP concerns three additional cases, each of which is also brought on behalf of the LWDA under PAGA seeking penalties for Labor Code violations. Regarding the proposed add-on cases under CRC 3.544, the court ORDERS: The petition to add-on Armstrong and R...

Excerpt: ...t of business. This is a significant factor in the settlement. The case preliminarily settled for a total of $300,000. The settlement agreement states there will be attorneys' fees and cost of up to $120,000 (40%), costs of up to $4,490, a service award of $10,000 for the class representative, a net PAGA payment of $2,250, and settlement administration costs of up to $22,800. After these expenses of approximately $140,000, the class would get $14...

Excerpt: ... The settlement agreement states there will be attorneys' fees and cost of up to $116,666.67 (33 1/3%), costs of up to $25,000, a service award of $10,000 for the class representative, and settlement administration costs of up to $5,000, and a net PAGA payment of $7,500. After these expenses of approximately $164,166, the class would get $185,834. The average payout per class members would be $1,858. The proposed class notice form and procedure a...

Excerpt: ...eviously certified the class. (Order of 10/6/19.) The case preliminarily settled for monetary relief of a total of approximately $700,000. The settlement agreement states there will be attorneys' fees and cost of up to $210,000 (30%) and a service award of $10,000 for each class representative. The case preliminarily settled for non-monetary relief of agreement to cooperate in the discovery for the claims against Midland. The proposed class notic...

Excerpt: ...6 (33%), costs of up to $3,000, a service award of $5,000 for the class representative, a net PAGA payment of $750, and settlement administration costs of up to $2,500. After these expenses of approximately $28,000, the class would get $22,000. The average payout per class members would be $850. The proposed class notice form and procedure are adequate. The proposed class is appropriate for class certification. The motion makes an adequate analys...

Excerpt: ...o as the proxy or agent of the state's labor law enforcement agencies." (Iskanian v. CLS Transp. Los Angeles, LLC (2014) 59 Cal.4th 348, 381.) (See also ZB, N.A. v. Superior Court of San Diego County (2019) 2019 WL 4309684 at *4; Tanguilig v. Bloomingdale's, Inc. (2016) 5 Cal.App.5th 665, 671.) A person asserting a claim on behalf of the LWDA under PAGA must obtain court approval for any settlement. Labor Code 2699(l)(2) states: "The superior cou...

Excerpt: ... The settlement agreement states there will be attorneys' fees of up to $1,966,470 (33%), costs of up to $75,000, a service award of $10,000 for the class representative, and settlement administration costs of up to $36,000, and a net PAGA payment of $45,000. After these expenses of approximately $2,213,470, the class would get $3,767,530. The average payout per class members would be $884. The proposed class notice form and procedure are adequat...

Excerpt: ...ake any supplemental filings at least 5 court days before the hearing. LWDA/PAGA RELEASE The settlement agreement does not expressly release the claims of the LWDA that were asserted in the case. The briefing suggests that the parties intend to release the claims of the LWDA for penalties. The parties might want to amend the agreement in this regard. The settlement agreement states that the "released claims" includes a release of claims by the ab...

Excerpt: ... dated 2/23/21. Delays in filing and scanning at the court required plaintiff to re-file the motion for final approval of class action settlement to ensure that the trial court record was complete in the event of an appeal. On 2/24/21, the court entered both an order grating final approval and judgment. APPROVAL OF THE SETTLEMENT The complaint alleges claims on behalf of hourly employees and asserts claims for Labor Code violations. There are app...

Excerpt: ...ill not use judicial notice to convert a demurrer into a de facto motion for summary judgment. (Richtek USA, Inc. v. uPI Semiconductor Corporation (2015) 242 Cal.App.4th 651, 660; Fremont Indem. Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 114.) In July 2013, Jung and Xu agreed to equal ownership in a partnership of joint venture for an online farmers' market. (Cpt para 1, 12.) In September 2013, Jung took time off from the partnership...

Excerpt: ...A under PAGA. Defendants argues that the claims of the LWDA under PAGA are barred by a settlement entered in another case. "[T]he preclusive effect of a prior judgment is determined by the court in which it is asserted, not the court that rendered it." (In re Fireside Bank Cases (2010) 187 Cal.App.4th 1120, 1131.) Since 1990, the California Supreme Court has repeatedly stated that claim preclusion is different from issue preclusion and had sugges...

Excerpt: ...rea Diner, Inc., RG15797837, (2) Alfaro v. Bay Area Diner, Inc., RG15797839, (3) Benlamlih v. Bay Area Diner, Inc., RG15797841, and (4) Guy v. Bay Area Diner, Inc., RG16843879. Any given order applies only in the case in which the order is entered, but an order in one case should be instructive regarding the related cases. PROCEDURE Defendants seeks judgment on the pleadings for all or part of the claims against them. As a matter of procedure, th...

Excerpt: ...rea Diner, Inc., RG15797837, (2) Alfaro v. Bay Area Diner, Inc., RG15797839, (3) Benlamlih v. Bay Area Diner, Inc., RG15797841, and (4) Guy v. Bay Area Diner, Inc., RG16843879. Any given order applies only in the case in which the order is entered, but an order in one case should be instructive regarding the related cases. PROCEDURE Defendants seeks judgment on the pleadings for all or part of the claims against them. As a matter of procedure, th...

Excerpt: ...ake any supplemental filings at least 5 court days before the hearing. CLASS RELEASE The scope of the release for the absent class members is overbroad and arguably unlawful. (Settlement Agt para 8.) The scope of the release for the absent class members cannot include a Civil Code 1542 release or an equivalent release. (Duran v. Obesity Research Institute, LLC (2016) 1 Cal.App.5th 635, 640, 645 [trial court would not approve a Civil Code 1542 rel...

Excerpt: ... the complaint or by matters subject to judicial notice, the putative class action may be defeated by a demurrer or motion to strike." (Tellez v. Rich Voss Trucking, Inc. (2015) 240 Cal.App.4th 1052, 1062; Tucker v. Pacific Bell Mobile Services (2012) 208 Cal.App.4th 201, 210.) The motion is a motion to not certify the class. "The 'proper legal criterion' for deciding whether to certify or decertify a class is simply whether the class meets the r...

Excerpt: ...ow file a motion with evidence and additional authority and seek a formal court order on the same topics. GENERAL Regarding SI 55, 62, and 68, Tesla asserts that plaintiff already has the information or already has the relevant data and that plaintiff cannot through a discovery request require Tesla to cross-reference data that is already in plaintiffs' possession. Factually, Tesla states it has complied with the order of 1/26/21, which stated "I...

Excerpt: ...ice. On 7/11/17, EDMUD adopted Resolution 35045-17, which set water rates for fiscal years 2018 and 2019. The rates went into effect 7/12/18. On 6/11/19, EDMUD adopted Resolution 35142-16, which set water rates for fiscal years 2020 and 2021. The rates went into effect 7/1/19. (Collectively the Water Rates.") The First Amended Complaint asserts that the adoption and continuing imposition of the Water Rates are unconstitutional under Cal. Const, A...

Excerpt: ... evidentiary hearing through the guise of having the court take judicial notice of documents whose truthfulness or proper interpretation are disputable." (Richtek USA, Inc. v. uPI Semiconductor Corporation (2015) 242 Cal.App.4th 651, 660.) "[A] court cannot by means of judicial notice convert a demurrer into an incomplete evidentiary hearing in which the demurring party can present documentary evidence and the opposing party is bound by what that...

Excerpt: ...9, 996.) Plaintiff Portobello Residential Owners Association (the HOA) interviewed CIDology about whether it could do certain work regarding construction management. CIDology represented it could do the work. (Cpt, para .) On 1/16/17, the HOA and CIDology entered into a contract. (Cpt, para 18, Exh 1.) Following the work, there were water intrusion issues. (Cpt, para 22-24.) On 1/1/18 the HOA and CIDology entered in to a second contract regarding...

Excerpt: ... class representative, and settlement administration costs of up to $5,000, and a net PAGA payment of $7,500. After these expenses of approximately $101,429, the class would get $68,371. The average payout per class members would be $1,005. The proposed class notice form and procedure are adequate. The proposed class is appropriate for class certification. The motion makes an adequate analysis as required by Kullar v. Foot Locker Retail, Inc. (20...

Excerpt: ...ments of this chapter have been satisfied. ?The court, in its discretion, may award the prevailing party on such a motion, his or her attorney's fees and costs in bringing or opposing the motion." Consistent with Civil Code 930(b), the court ORDERS that this case is stayed until plaintiff completes the Civil Code 910 pre-litigation process and defendant has the opportunity to inspect, offer to repair, and repair. (Civil Code 916-925.) If the Civi...

Excerpt: ...oyees in the PAGA claim. (Agreement para 51.) Under PAGA, a private plaintiff brings an action on behalf of the LWDA. The plaintiff does not represent the "aggrieved employees" and therefore cannot release claims on their behalf. The settlement agreement can release only the claims of the named plaintiff and the claims of the LWDA, which are asserted by the named plaintiff as proxy or agent of the LWDA. After ZB N.A. v. Superior Court (2019) 8 Ca...

Excerpt: ...rguably unlawful. As currently drafted, Settlement Agt, para VI.B(1) releases the "Released Claims" and then Settlement Agt para VI.B(2) extends that to include a Civil Code 1542 release. The scope of a release for the absent class members cannot include a Civil Code 1542 release or an equivalent release. (Duran v. Obesity Research Institute, LLC (2016) 1 Cal.App.5th 635, 640, 645 [trial court would not approve a Civil Code 1542 release in class ...

Excerpt: ... III.F.1.) The Settlement Agreement states that the absent class members are releasing not only "all claims... that that were or could have been alleged based on the facts set for the in the Complaint' but also "all claims ... that were or could have been alleged based on the facts set forth in ... any further amended complaints or PAGA letters in the Action, whether known or unknown, during the class period." The inclusion of claims "that were o...

Excerpt: ...or a total of $850,000. The settlement agreement states there will be attorneys' fees and cost of up to $297,500 (35%), costs of up to $40,000, a service award of $7,500 for each class representative, a net PAGA payment of $12,500, and settlement administration costs of $20,000. After these expenses, the class would get $440,000. There are approximately 931 members of the class. The average payout per class members would be $460. The proposed cla...

Excerpt: ...aims of other employees. The parties may also address any other issues raised by this order. Plaintiffs and defendants must file any supplemental papers ten court days before the continued hearing date. The court's PRE-TENTATIVE order is as follows: The Motion of Plaintiff for approval of PAGA settlement under Labor Code 2699(l)(2) is UNDECIDED. LAW ON PAGA SETTLEMENTS Plaintiff asserts the PAGA claim on behalf of the State of California's Labor ...

Excerpt: ...t Board resolutions, the First Amended Complaint, and the court's prior order. Defendant EBMUD provides water service. On 7/11/17, EDMUD adopted Resolution 35045-17, which set water rates for fiscal years 2018 and 2019. The rates went into effect 7/12/18. On 6/11/19, EDMUD adopted Resolution 35142-16, which set water rates for fiscal years 2020 and 2021. The rates went into effect 7/1/19. (Collectively the Water Rates.") The First Amended Complai...

Excerpt: ...ass should be decertified because plaintiff cannot represent the proposed class or (2) the class definition should be changed to so that it reflects a proposed class that plaintiff can represent. PROCEDURE The court finds that the motion to not certify the class is procedurally proper. The motion not a demurrer or a motion to strike the class allegations because the motion is supported by evidence. A motion to strike class allegation is a recogni...

Excerpt: ... amend to provide additional allegations supporting the assertion that IML is a talent agency under the Kern definition that "a talent agency is not the employer of the artist but rather the artist's agent for purposes of employment procurement with a third party employer." Consistent with Kern, Plaintiff may amend to allege in the alternative that the musicians were employees or independent contractors and have claims appropriate to those contra...

Excerpt: ... costs of up to $25,000, a service award of $10,000 for the class representative, a net PAGA payment of $30,000, and settlement administration costs of $8,500. After these expenses, the class would get $186,500. The average payout per class members would be $402. There were 8,053 allegedly inaccurate wage statements. This is $48.50 gross and $23.15 net per allegedly inaccurate wage statement The proposed class notice form and procedure are adequa...

Excerpt: ... tips and did not let the staff retain the tips. (1AC, para 13.) The 1AC asserts claims for (1) money had and received, (2) conversion, (3) intentional interference with economic relations, (4) Constitutional claims based on (a) unreasonable search and seizure and (b) due process. ORDER FIRST CAUSE OF ACTION - MONEY HAD AND RECIEVED The demurrer to the first cause of action for the common count of money had and received is SUSTAINED WITH LEAVE TO...

Excerpt: ...ions. There are approximately 196 members of the class. The claims against the settling defendants preliminarily settled for a total of $150,000. The settlement agreement states there will be attorneys' fees and cost of up to $45,000 (30%), costs of up to $16,000, a service award of $10,000 each for the two class representative, a net PAGA payment of $5,625, and settlement administration costs of up to $12,000. After these expenses, the class wou...

Excerpt: ...ly support its defenses or affirmative defenses in this case. Sutter indicated it was going to produce 65 documents. (Kelly Dec. Exh 6.) Sutter gave notice to Blue Shield. Blue Shield objects to Sutter producing the arbitration documents. The court provided its initial thoughts in a series of informal discovery conference emails dated 11/21/19, 12/3/19, 10/21/20, and 11/12/20. (CCP 2016.080.) The informal discovery conference emails were informal...

Excerpt: ...of up to $71,666.67 (33%), costs of up to $20,000, a service award of $2,500 for the class representative, a net PAGA payment of $6,000, and settlement administration costs of up to $10,000. After these expenses, the class would get approximately $102,833. The average payout per class members would be approximately $562. The settlement was mediated with the assistance of Steve Pearl. The court gives "considerable weight to the competency and inte...

Excerpt: ... claims are based on two practices. First, there are claims relating to nerve blocks. Sutter has a business practice of placing patients in operating rooms to perform nerve blocks. Sutter then charges for operating room time at NUBC revenue code 36x. Under the NUMC Manual, revenue code 36x is applicable only to "charges for services [related to] the performance of surgical and related procedures during and immediately after surgery as well as the...

Excerpt: ...clad or its affiliated witnesses, the motion is denied. To the extent that Metalclad asserts that Plaintiffs should only recover its costs from Defendant pro rata according to its share of fault or its proportion of Plaintiffs' total recovery, the motion is also denied. Plaintiffs asserted and proved liability against defendants as joint and several tortfeasors and Plaintiffs' investigation of all potential sources of exposure was reasonably nece...

Excerpt: ...Court has considered (1) the relative strength of the Plaintiffs' case; (2) the high risk, expense, complexity, and likely duration of further litigation of this dispute; (3) the high risk of maintaining class status through trial; (4) the relatively generous amount offered in settlement; (5) the extent of discovery completed and stage of the proceedings; (6) the experience and views of counsel that settlement is reasonable; and (7) the lack of a...

Excerpt: ...ices did not provide for meal periods, rest periods, overtime wages, and so on, without specifically identifying the offending policies or otherwise alleging what those policies provided. A complaint need only "set forth the essential facts of the plaintiff's case with reasonable precision and with particularity sufficient to acquaint the defendant with the nature, source, and extent of the plaintiff's claim." (Prue v. Brady Company/San Diego, In...

Excerpt: ...ly support its defenses or affirmative defenses in this case. Sutter indicated it was going to produce 65 documents. (Kelly Dec. Exh 6.) Sutter gave notice to Blue Shield. Blue Shield objects to Sutter producing the arbitration documents. The court provided its initial thoughts in a series of informal discovery conference emails dated 11/21/19, 12/3/19, 10/21/20, and 11/12/20. (CCP 2016.080.) The informal discovery conference emails were informal...

Excerpt: ...ly support its defenses or affirmative defenses in this case. Sutter indicated it was going to produce 65 documents. (Kelly Dec. Exh 6.) Sutter gave notice to Blue Shield. Blue Shield objects to Sutter producing the arbitration documents. The court provided its initial thoughts in a series of informal discovery conference emails dated 11/21/19, 12/3/19, 10/21/20, and 11/12/20. (CCP 2016.080.) The informal discovery conference emails were informal...

Excerpt: ... claims are based on two practices. First, there are claims relating to nerve blocks. Sutter has a business practice of placing patients in operating rooms to perform nerve blocks. Sutter then charges for operating room time at NUBC revenue code 36x. Under the NUMC Manual, revenue code 36x is applicable only to "charges for services [related to] the performance of surgical and related procedures during and immediately after surgery as well as the...

Excerpt: ...of up to $71,666.67 (33%), costs of up to $20,000, a service award of $2,500 for the class representative, a net PAGA payment of $6,000, and settlement administration costs of up to $10,000. After these expenses, the class would get approximately $102,833. The average payout per class members would be approximately $562. The settlement was mediated with the assistance of Steve Pearl. The court gives "considerable weight to the competency and inte...

Excerpt: ...ions. There are approximately 196 members of the class. The claims against the settling defendants preliminarily settled for a total of $150,000. The settlement agreement states there will be attorneys' fees and cost of up to $45,000 (30%), costs of up to $16,000, a service award of $10,000 each for the two class representative, a net PAGA payment of $5,625, and settlement administration costs of up to $12,000. After these expenses, the class wou...

Excerpt: ...RT ASSUMES VENUE IS PROPER IN ALAMEDA Plaintiff's choice of venue is presumed to be correct. See Buran Equipment Co. v. Superior Court (1987) 190 Cal.App.3d 1662, 1666 ("The burden rests on the party seeking change of venue to defeat the plaintiff's presumptively correct choice of court. When the defendant is a corporation, it has the burden of negativing all the five possible bases of venue articulated in section 395.5."). Section 395.5 states: ...