Excerpt: ...500.000 for the class and an additional up to $12,000,000 in fees and costs for counsel, for a potential total of $96,500,000. There will be no service awards for the named class representative. $500,000 is allocated to settlement administration costs. The settlement was mediated with the assistance of Judge Maria Elena-James (Ret). The court gives "considerable weight to the competency and integrity of counsel and the involvement of a neutral me...

Excerpt: ...ia Bar. (C.R.C. 9.40(a).) Hubbard is not a resident of the State of California. (C.R.C. 9.40(a)(1).) "'[R]esidence' connotes any factual place of abode of some permanency, more than a mere temporary sojourn. ... a person may have only one domicile at a given time, but he may have more than one physical residence separate from his domicile, and at the same time." Smith v. Smith (1955) 45 Cal. 2d 235, 239. Hubbard met her prima facie burden by stat...

Excerpt: ...s "All working employees shall be provided with suitable seats when the nature of the work reasonably permits the use of seats." Hobby Lobby employed and employs the employee/witnesses and has their names and contact information. Plaintiffs sought the names and contact information of the employee/witnesses. Following a Belaire-West process, Hobby-Lobby provided the names and contact information to plaintiffs. (Cabral Dec., para 2.) Counsel for pl...

Excerpt: ...e treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. [Citation.] We also consider matters which may be judicially noticed. [Citation.] Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context. [Citation.]" (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) Unless a heightened pleading standard applies, a complaint nee...

Excerpt: ...e statement of decision resolved several petitions and stayed the petition under section 850. On 7/10/17, the court entered judgment. The Grogans filed an appeal. On 4/19/19, the Court of Appeal affirmed the judgment. On 6/27/19, the remittitur was filed in this case. On 8/2/19, in RP13-698276, the minutes of the court state, "Attorney Sullivan [representing Robert Grogan] confirms that the Grogan's beneficial interest in the Marshman Trust has b...

Excerpt: ...tion of the claims under PRC 4283(d) for charging customers with EBT cards and WIC vouchers for bags is reasonable. The case preliminarily settled for a total of $117.55. The settlement agreement states there will be attorneys' fees and cost of up to $85,000, a service award of $2,500 for the class representative. After these expenses, the class would get $30,000. The settlement was mediated with the assistance of Bonnie Sabraw. The court gives "...

Excerpt: ...nt with the analysis in this order. On or before 7/24/19, the DSH may submit a supplemental opening brief to tax the costs asserted in the revised memorandum. On or before 8/7/19, petitioners may submit a supplemental opposition brief. On or before 8/14/19 the DSH may submit a supplemental reply brief. GENERAL RULE. CCP 1032(b) states that a prevailing party is entitled as a matter of right to recover costs. CRC 3.1700(a)(1) states that a memoran...

Excerpt: ...h the voters intended Labor Code 887 to apply retroactively, retroactive application would interfere with Labor Code 226.7(c) payments, which the Supreme Court has held are "wages" in which employees have vested interests, so Labor Code 887 operates prospectively only; and (3) assuming Labor Code 887 operates retrospectively, it applies only to ground ambulances and the court has already held in the Final Statement of Decision filed 8/23/17 that ...

Excerpt: ...26.7, 512), accurate wages statements, and waiting time penalties (Labor Code 201-203), and claims under the UCL. The First Amended Complaint also asserts a PAGA claim on behalf of the LWDA for penalties (Labor Code 2699). On 3/1/19, the court denied the motion of Daylight to compel plaintiffs to arbitrate their individual claims. The court found that the Independent Contractor Agreements are contracts evidencing a transaction involving commerce ...

Excerpt: ....App.4th 1242, 1246.) On 2/2/18 the court set 8/20/18 as the trial date for phases I and II of this case. On 6/28/18, a ballot initiative that would change the substantive law applicable to the claims in this case qualified for the 11/6/18 election. The ballot measure would add Labor Code 887 (letting ambulance drivers be reachable during mean and rest breaks) and Labor Code 889 (stating that 887 is declarative of existing law and applies to pend...

Excerpt: ...tiffs for preliminary approval of class action settlement is [UNDECIDED]. The complaint alleges claims for failure to pay vacation wages under Labor Code 510, failure to provide complete and accurate wage statements under Labor Code 226(a), waiting time penalties under Labor Code 203, and a UCL claim. There are approximately 88 members of the class. The case preliminarily settled for a total of $45,050. The settlement agreement states there will ...

Excerpt: ...nce, sections 4 and 8 establish notice procedures for increasing the rent. Civil Code 827 states that "landlords" must give 30 days' notice of changes in lease terms such as the monthly rent due. Ordinance section 4 requires that a "landlord" provide a notice and comply with certain procedures before raising the rent. The gravamen of all the claims is that plaintiffs have paid excessive rent from 7/2015 to the present because defendants failed to...

Excerpt: ...es of action 1-6 assert class claims alleging that (1) AC Transit has a policy in violation of the FEHA of providing accommodations to workers who were injured on the job but not to workers who are similarly impaired but due to pregnancy and (2) AC Transit has a policy in violation of the FEHA the Pregnancy Disability Leave Law, and the UCL of not accommodating lactating motions. Nikki McNaulty asserts the 7th cause of action as an individual cla...

Excerpt: ...rules for employment disputes and also set out six separate itemized provisions. Tesla asserts that Rodriguez electronically signed the offer letter and agreed to arbitration. (Ward Dec and Supp Dec.) Rodriguez states that he recalls accepting a position at Tesla by clicking through a link, but that he does not recall the offer letter. (Rodriguez, Dec, para 6-7.) ORDER ON ARBITRATION The Motion of defendant Tesla to compel Jorge Rodriguez to arbi...

Excerpt: ...es of action 1-6 assert class claims alleging that (1) AC Transit has a policy in violation of the FEHA of providing accommodations to workers who were injured on the job but not to workers who are similarly impaired but due to pregnancy and (2) AC Transit has a policy in violation of the FEHA the Pregnancy Disability Leave Law, and the UCL of not accommodating lactating motions. Nikki McNaulty asserts the 7th cause of action as an individual cla...

Excerpt: ...y Defendant ("complaint files"). More specifically, Plaintiffs seek an order that Defendant produce the same materials that it produced to FDA inspectors during inspections in December, 2010 to January, 2011, and in May to June, 2013, as referenced in the Establishment Inspection Reports attached to Plaintiffs' Motion as Exhibits C and D, while Defendant seeks a protective order regarding the same complaint files. All complaints regarding a medic...

Excerpt: ... managed under orders relating cases. On August 2, 2016, this court issued an Order On Preemption Demurrer that applied, by stipulation of the parties, to 11 of the related cases. That order addressed challenges to two forms of complaints, one of which was framed to include causes of action for (1) Negligent Failure To Warn, (2) Negligence, (3) Strict Products Liability, and (4) Fraud, and the other to include causes of action for (1) Negligent F...

Excerpt: ...Section (Information Systems and Information Resources) (Declaration of Edward A. Wallace, Exhibit A). For purposes of this Motion, Plaintiffs indicate that they are not seeking to compel testimony on topics 13-19. Plaintiffs' characterization of the subject deposition topics as "narrowly tailored" is inaccurate. They are extremely broad, and Defendants' reluctance to accept Plaintiffs' counsel's representation that they are only seeking informat...

Excerpt: ...n of Alycia A. Degen, Exhibit L). The dates and locations of the subject depositions were subsequently disclosed to Plaintiffs via email on October 31, 2017 (Degen declaration, Exhibit M). In their reply Plaintiffs point out that the dates are "illusory" because they are "contingent on the dates working for counsel, including in other jurisdictions." The court continues to encourage the parties to explore opportunities to facilitate cross-jurisdi...

Excerpt: ...ure, Inc., et al. ("Defendants") characterize as "discovery on discovery." More specifically, Plaintiffs are attempting to discover how Defendants conducted the searches that lead to the production of documents responsive to two sets of requests for production of documents ("RPD") and the responses to a first set of SI. First, the court rejects Defendants' argument that "discovery on discovery" is inappropriate across the board because it does no...

Excerpt: ...ted, made, constructed, assembled, marketed, advertised, promoted, distributed, and sold by Bayer called "Essure" ("these coordinated proceedings" or "JCCP 4887") and the appointment of this court as Coordination Trial Judge, this court issued rulings on August 2, 2016 applicable to certain of cases now included in JCCP 4887 that originated in the Alameda County Superior Court and were subject to related case orders filed in each. Included were (...

Excerpt: ...f both housekeepers and housekeeper mangers. A counsel for the housekeepers, Nourmand would need to cross-examine the housekeeper mangers. Although the housekeepers and housekeeper mangers do not have adverse claims, the housekeeper mangers, or some of them will likely be adverse witnesses to the claims of the housekeepers. This presents an "adequacy of class counsel" issue that can be identified and addressed on the pleadings." Following this or...

Excerpt: ... termination, failure to maintain required records, and failure to furnish accurate pay statements. In addition, the PAGA Action asserts claims for failure to pay minimum wages, failure to timely pay wages during employment, failure to indemnify employees for work- related expenses The court DENIES the motion to consolidate the two cases. CCP 1048(a) states, "When actions involving a common question of law or fact are pending before the court, it...

Excerpt: ...applies to each of Victoria Alavarez's causes of action. Procedurally, the demurrer is improper because FPI does not seek to dispose of any single cause of action. FPI seeks an order determining the temporal scope of Victoria Alavarez's causes of action. The demurrer is therefore in the nature of a motion to strike. The court will construe the demurrer as a motion to strike. Procedurally, the motion to strike is directed to the claims of Victoria...

Excerpt: ...ints in (2) Alfaro v. Bay Area Diner, Inc., RG15797839, and (3) Benlamlih v. Bay Area Diner, Inc., RG15797841, assert at paragraph 25 that the plaintiffs were misclassified as an exempt employees. The answers filed in Alfaro and Benmilah do not assert the affirmative defense that plaintiffs are properly classified as exempt managers under Labor Code 515 and Wage Order 5 (8 CCR 11050). "Ordinarily, courts should 'exercise liberality' in permitting...