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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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....