Excerpt: ... the class representative, a net PAGA payment of $11,250, and settlement administration costs of up to $7,500. After these expenses of approximately $127,900, the class would get $147,083. There are 145 members of the class. The average payout per class members would be $1,014. 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 ...

Excerpt: ...greement states there will be attorneys' fees and cost of up to $900,000 (33%), costs of up to $65,000 [included with fees], a service award of $10,000 for each of three class representatives, a net PAGA payment of $37,500, and settlement administration costs of $32,642.35. After these expenses, the class would get $1,624,857. The average payout per class members would be $500. The proposed class notice form and procedure are adequate. There were...

Excerpt: ... 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) 8 Cal.5th 175, 185; 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: "T...

Excerpt: ... answer asserting arbitration as an affirmative defense. Starting 6/12/20, Del Taco's counsel began requesting that Ramirez submit his claims to individual arbitration. ORDER The Motion of defendant Del Taco to compel plaintiff Ramirez to arbitrate claims is DENIED. "The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence ...." On a motion to compel arbitration, the "trial cou...

Excerpt: ...0, 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. The proposed class is appropriate for class certification. The motion makes an adequate analysis as required by Kullar...

Excerpt: ... 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. The proposed class is appropriate for class certification. The motion makes an adequate analysis as ...

Excerpt: ...y Gloves answered on 7/30/20. Espinoza v. Midwest Quality Gloves, HG20064308. On 6/1/20, Espinoza filed this alleging exposure to CrVI in leather gloves. The parties settled the claims. On 8/12/20, the court entered judgment. On 12/10/20 (after entry of judgment in Espinoza), CEH filed a motion to consolidate the cases. The essence of the motion is that Espinoza and Midwest both failed to file a notice of related cases under CRC 3.300, that all P...

Excerpt: ...e class allegations." Plaintiff served RPD 113 seeking the employee/contractor profile for contractors who worked at the Tesla Factory floor during the relevant time period. Tesla estimate there were at least 3,000 contractors. (White Dec., para 13.) Tesla's records regarding Plaintiff Vaughn include an employee/contractor profile. (PX 18.) The employee/contractor profile contains name, personal email address, job position, photograph, contingent...

Excerpt: ...eys' fees and cost of up to $30,000 (33%), costs of up to $7,000, a service award of $7,000 for the class representative, a net PAGA payment of $3,000, and settlement administration costs of up to $4,000. After these expenses of approximately $51,000, the class would get $39,000. The average payout per class members would be $1,115. The proposed class notice form and procedure are adequate. There were 2 opt outs and no objections, The proposed cl...

Excerpt: ...r of July 22, 2020, as modified by its orders of August 18 and 24, 2020, certifying a class for settlement purposes. The Court APPROVES the settlement. The 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 amount offered in settlement; (5) the extent of discov...

Excerpt: ...20 The Order of 10/6/20 denied terminating sanctions, ordered an evidence sanction against the Midland Defendants, and ordered a monetary sanction against both the Midland Defendants and BLG. Regarding the monetary sanction, the order invited reconsideration, stating: "The court sets the sanction at $30,000 in part to avoid a second motion on the amount of fees. ... That said, the court expressly permits either party to file a motion for reconsid...

Excerpt: ...5,000 for the class representative, a net PAGA payment of $7,500, and settlement administration costs of up to $5,800. After these expenses of approximately $180,500, the class would get $260,000. The average payout per class members would be $861. 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, ...

Excerpt: ... defendants' agreement to either (1) reinstate LTE Band 12 coverage on each cell phone or (2) provide a comparable replacement. The settlement agreement states there will be attorneys' fees of up to $72,500 and a service award of $2,500 for the class representative. Defendant is to pay the costs of claims administration. The proposed class notice was adequate. It was primarily by publication, which is appropriate for consumer products. It was by ...

Excerpt: ...ay 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 Workforce Development Agency. "An empl...

Excerpt: ...neys' fees of up to $400,000 (33%), costs of up to $20,000, a service award of $10,00 for each class representative, a net PAGA payment of $26,250, and settlement administration costs of $27,500. After these expenses, the class would get $706,250. The average payout per class member would be $923. The proposed class notice form and procedure are adequate. The proposed class is appropriate for class certification. The motion makes an adequate anal...

Excerpt: ...ng final approval and (2) as a result of the COVID-19 economy it does not have the money and (3) the obligation would require it to file for bankruptcy. Addison Lee notes that it has payments coming due in December 2020 and April 2021 in a completed class settlement in the EDNY and that it has a $1,595,000 class settlement final approval hearing in the SDNY in March 2021. The court has the discretion to continue the motion. (First State Ins. Co. ...

Excerpt: ... there will be attorneys' fees of up to $91,666.67 (33%), costs of up to $10,000, a service award of $7,500 for the class representative, a net PAGA payment of $7,500, and settlement administration costs of $7,000. After these expenses, the class would get $151,333.33. The average payout per class members would be $2,179. The proposed class notice form and procedure are adequate. No class members opted out or objected. The proposed class is appro...

Excerpt: ...n light of the already pending case addressing PAGA claims similar to the claims in the present action in Richard Trujillo v. The Chefs' Warehouse West Coast, et al. pending in Federal Court in the Central District Court of California, Case No. Case No. 2:19-cv-08370-DSF-MAA. A defendant may demur to a complaint on the grounds that "another action [is] pending between the same parties on the same cause of action." (CCP § 430.10(c).) This "plea i...

Excerpt: ...t your contention that the putative class is manageable." Special interrogatory 51 seeks "all facts that describe your trial plan." TRIAL PLAN The discovery concerns plaintiffs' trial plan. The court encourages plaintiffs to present a trial plan at class certification because it assists the court in determining whether a class trial can be manageable. (Duran v. US Bank (2014) 59 Cal.4th 1, 27; McCleery v. Allstate Ins. Co. (2019) 37 Cal.App.5th 4...

Excerpt: ... related claims. There are approximately 41 members of the class. The case preliminarily settled for a total of $58,000. The settlement agreement states there will be attorneys' fees of up to $14,500, costs of up to $5,800, a service award of $2,500 for the class representative. Defendant will pay the costs of settlement administration. (Proposed order at 3:16-18) After these expenses, the class would get $37,000. The average payout per class mem...

Excerpt: ...ed for employment and was employed as a Service Apprentice and Service Technician. (Estrada Dec., para 7.) Plaintiff provided on-site property and groundskeeping services at SoMa Square. (Estrada Dec., para 9, Exh B.) Plaintiff asserts Labor Code claims on behalf of himself and a putative class. CONTRACT FORMATION The Court finds contract formation. On 7/12/19, Plaintiff electronically accepted employment through an offer that disclosed the arbit...

Excerpt: ... attorneys' fees and cost of up to $91,666 (33%), costs of up to $12,500, a service award of $5,000 for the class representative, a net PAGA payment of $11,250, and settlement administration costs of up to $7,500. After these expenses of approximately $127,900, the class would get $147,083. The average payout per class members would be $1,014. The Order of 10/2/20 stated the court was concerned about the timing of funding and distributing the set...

Excerpt: ... the LWDA under PAGA is severed. The court DENIES the request to stay the claim on behalf of the LWDA. Plaintiff asserts claim on behalf of himself, a putative class, and the LWDA. Defendant NetApp argues that Plaintiff's claims arise under the "FY19 Incentive Compensation Plan" (the "Plan") and that Plaintiff must pursue his claims in individual arbitration. CONTRACT FORMATION The Court finds contract formation. On 9/3/18, Plaintiff electronical...

Excerpt: ...,932 (30%), costs of up to $25,000, a service award of $7,500 for the class representative, a net PAGA payment of $37,50, and settlement administration costs of up to $25,000. After these expenses of approximately $900,000, the class would get $1,909,175. The average payout per class members would be $527. The settlement agreement does not require defendant to change its compensation system or to increase wages. Plaintiffs assert that as a result...

Excerpt: ...motion to quash of Michael Edward McClintock is GRANTED. OVERVIEW OF ALLEGATIONS AND COMPLAINT Defendant International Musician's League ("IML") is a business that provided bands for events doing business as "Lucky Devils Band." Defendant IML advertises that it will provide a band. When IML has a client it then notifies its roster of musicians, who can sign up for the event and plan at the event. IML pays each musician an amount that IML sets. IM...

Excerpt: ... be entered is a just one, nor is the court to act as a mere puppet in the matter. ... In the context of Proposition 65 litigation, necessarily brought to vindicate the public interest, the trial court also must ensure that its judgment serves the public interest." (Consumer Advocacy Group, Inc. v. Kintetsu Enterprises of America (2006) 141 Cal.App.4th 46, 61-62.) "[T]he trial court must look at the three [H&S Code 25249.7(f)(4)] factors and if a...

Excerpt: ... to strike and within the time otherwise allowed to respond to the complaint, files with the clerk, a notice of motion for an order transferring the action or proceeding to the proper court ..." The motion under CCP 395 and 395.5 is timely. Plaintiffs expressly by email and then implicitly by stating that they would file a first amended complaint expended the time for defendant to file a demurrer an motion to transfer venue. BURDEN AND EVIDENCE P...

Excerpt: ...ra 2.24.) A Civil Code 1542 release that is limited to the "released claims" is either surplussage if does not expand the released claims or unlawful if it does expand the released claims. 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 release in cla...

Excerpt: ... up to $30,000 (33%), costs of up to $7,000, a service award of $7,000 for the class representative, a net PAGA payment of $3,000, and settlement administration costs of up to $4,000. After these expenses of approximately $51,000, the class would get $39,000. The average payout per class members would be $1,258. The proposed class notice form and procedure are adequate. The proposed class is appropriate for class certification. The motion makes a...

Excerpt: ...and not on behalf of the aggrieved employees. "An employee plaintiff suing ... under 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) 8 Cal.5th 175, 185.) On 7/9/20, defendant removed the class case to federal court. (Juarez v. Saia Motor Freight, N.D. Cal., Case 3:20-cv-045...

Excerpt: ...aintiffs must submit a declaration with the required information. The court has concerns about the timing of funding and distributing the settlement funds. Defendant will fund the settlement over 24 months. (Agt para 49) The absent class members, the named plaintiff, and counsel will be paid approximately 30 months after preliminary approval, taking into account 5 months for class notice and opt out, 24 months of installment payments, and 1 month...

Excerpt: ...lease 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 settlement].) The release of claims by the members of the class is limited by the "factual predicate rule." (Campbell v. Facebook, Inc. (9th Cir. 2020) 951 F.3d 110, 1124; Hesse v. Sprint Corp. (9th Cir. 2...

Excerpt: ...0 [included with fees], a service award of $10,000 for the class representative, a net PAGA payment of $12,000, and settlement administration costs of $8,000. After these expenses of $89,333, the class would get $58,667. The average payout per class members would be $193. This is $25 per allegedly inaccurate wage statement The proposed class notice form and procedure are adequate. The proposed class is appropriate for class certification. The mot...

Excerpt: ... 2018 (the "Protective Order"). Defendant now seeks an order from the Court: (1) affirming that Defendant properly designated the names of its third-party suppliers, vendors, and/or manufacturers, which are trade secrets, as confidential under the Protective Order; (2) limiting the use of trade secret information to the resolution of Plaintiff's claims against Defendant in this matter; and (3) confirming that Plaintiff may only use/disseminate th...

Excerpt: ...vice 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 adequate. The proposed class is appr...

Excerpt: ... the LDWA under PAGA. On 5/12/14, plaintiff Gossette filed the First Amended Complaint, which added claims on behalf of the LDWA under PAGA. On 12/12/14, plaintiff Gossette filed the Second Amended Complaint, which added plaintiff Tafoya as a plaintiff on the class claims and on the PAGA claim. (2AC, para 136.) On 12/6/16, defendant filed a petition to coordinate. The case was stayed from 1/23/17 through 4/14/17 by agreement of the parties and or...

Excerpt: ...ker. None of these defendants are have not opposed the motion. Defendants Processing Solutions, LLC, is a corporation. On 12/6/19, the court issued an order that it would be inclined to strike its answer if it did not appear through counsel. On 2/6/20, the court ordered "Defendant answers are stricken. Plaintiff to proceed with default process." Plaintiffs have not yet requested entry of default. Defendant Instant Cash USA, Inc. is a corporation....

Excerpt: ... DISCOVERY REGARDING PATTERN OR PRACTICE OF FAILING TO INVESTIGATE AND DISCIPLINE RACIAL SLURS Plaintiff has alleged generally that Tesla has a pattern or practice in the Fremont Plan of failing to investigate and discipline racial slurs. (Complaint, para 13) Tesla seeks to limit discovery by asserting that it complies with the law. A party cannot refuse to provide discovery based on its assertion that the case has no merit. Discovery permits the...

Excerpt: ...into signing release agreements. The order of 1/21/20 states, "the Court finds that Defendants' communications with drivers here were coercive and misleading." The order later states "The Court authorizes Plaintiffs to seek attorney's fees by further noticed motion as a sanction in connection with the conduct discussed in this Order." Plaintiffs seek fees of $177,947.96 and costs of $5,779.95. ENTITLEMENT TO FEES The order of 1/21/20 states, "The...

Excerpt: ... hours worked, reimbursement of expenses, and related claims. There are approximately 348 members of the class. MERITS OF SETTLEMENT The case preliminarily settled for a total of $600,000. The settlement agreement states there will be attorneys' fees of up to $200,000 (33%), costs of up to $20,000, a service award of $17,500 total for class representatives, a net PAGA payment of $15,000, and settlement administration costs of $8,500. After these ...

Excerpt: ...rial 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 be entered is a just one, nor is the court to act as a mere puppet in the matter. ... In the context of Proposition 65 litigation, necessarily brought to vindicate the public interest, the trial court also must ensure that its judgment serves the public interest." (Consumer Advocacy Group, Inc. v. Kin...

Excerpt: ...ransp. Los Angeles, LLC (2014) 59 Cal.4th 348, 381.) (See also ZB, N.A. v. Superior Court of San Diego County (2019) 8 Cal.5th 175, 185.) In federal court plaintiff Frias filed a parallel class action asserting this case on behalf of a putative class seeking damages. The court does not stay the case under CCP 597, which states the court may stay a case if "the answer pleads ... that another action is pending upon the same cause of action." The tw...

Excerpt: ...agreement states there will be attorneys' fees of up to $875,000 (35%), costs of up to $75,000, a service award of $7,500 for class representative Quijas and $5,000 for Clark, a net PAGA payment of $75,000, and settlement administration costs of $45,000. After these expenses, the class would get $1,417,500. The average payout per class members would be $429. The settlement was mediated with the assistance of Jeffrey Krivis. The court gives "consi...

Excerpt: ...states there will be attorneys' fees of up to $47,313.31 (30%), costs of up to $8,012.25, a service award of $5,000 for the class representative, and settlement administration costs of $14,000. After these expenses, the class would get $78,101. The average payout per class members would be $189. The settlement was mediated with the assistance of Tripper Ortman. The court gives "considerable weight to the competency and integrity of counsel and th...

Excerpt: ... 3AC argues that the EMC fee is charged without regard to the specific services provided. (3AC, para 2, 10, 11, 13.) The analogy would be a cover charge at a bar that is not disclosed on arrival and is charged after the patron has committed to enter the bar. The 3AC is not asserting that Sutter fails to list the EMS fee as a line item on its Chargemasters or that it fails to list the price on the Chargemaster. (3AC, para 1, 12.) The 3AC asserts a...

Excerpt: ...ument should be given qualified or absolute protection." (League of California Cities v. Superior Court (2015) 241 Cal.App.4th 976, 993; Wellpoint Health Networks, Inc. v. Superior Court (1997) 59 Cal.App.4th 110, 121.) The motion presents what appear to be unresolved issues regarding the application of qualified (aka conditional) attorney work product protection to pre-litigation investigation by a public interest entity as well as whether work ...

Excerpt: ..., a service award of $10,000 for each of three class representatives, a net PAGA payment of $37,500, and settlement administration costs of $30,000. After these expenses, the class would get $1,032,500. The average payout per class members would be $321. The settlement was mediated with the assistance of Anthony Piazza. The court gives "considerable weight to the competency and integrity of counsel and the involvement of a neutral mediator in [co...

Excerpt: ... to see that the judgment to be entered is a just one, nor is the court to act as a mere puppet in the matter. ... In the context of Proposition 65 litigation, necessarily brought to vindicate the public interest, the trial court also must ensure that its judgment serves the public interest." (Consumer Advocacy Group, Inc. v. Kintetsu Enterprises of America (2006) 141 Cal.App.4th 46, 61-62.) "[T]he trial court must look at the three [H&S Code 252...

Excerpt: ...ximately 300 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 $50,000 (33%), 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 would get approximately ...

Excerpt: ...bsections, each of which identifies a specific statutory violation. The proposed settlement is for $975,000 plus Ross changing its arbitration agreement to clarify that it does not purport to require arbitration of LWDA claims brought under PAGA. The settlement would distribute the funds as follows: Attorneys' fees of $292,500 (30% of total) Litigation Costs of $17,733 Settlement administration costs of $8,000 Service payment to named plaintiff o...

Excerpt: ...lass. The case preliminarily settled for a total of $1,150,000. The settlement agreement states there will be attorneys' fees of up to $383,333.33 (33.333%), costs of up to $20,000, a service award of $10,000 for each class representative, and a net PAGA payment of $18,750, and settlement administration costs of $17,000. After these expenses, the class would get $690,916. The average payout per class members would be $1,311. The settlement was me...

Excerpt: ...0 for each of three class representatives, a net PAGA payment of $30,000, and settlement administration costs of up to $13,000. After these expenses, the class would get approximately $490,000. The average payout per class members would be approximately $828. The settlement was mediated with the assistance of Jeffrey L. Krivis. The court gives "considerable weight to the competency and integrity of counsel and the involvement of a neutral mediato...

Excerpt: ...settlement agreement states there will be attorneys' fees of up to $3,750,000 (30%), costs of up to $35,000, a service award of $25,000 for each class representative, and a net PAGA payment of $37,500, and settlement administration costs of $19,850. After these expenses, the class would get $8,607,650. The average payout per class members would be $5,738. The settlement was mediated with the assistance of Tripper Ortman. The court gives "consider...

Excerpt: ...ED IN PART. The Motion of plaintiffs for discovery sanctions against BLG is GRANTED IN PART. BACKGROUND On 8/6/10, plaintiffs filed the complaint against Brachfeld and BLG (collectively, "BLG") as well as Midland Funding, LLC, Midland Credit Management, LLC and Midland Funding NCC-2 Corp. (collectively, "Midland "). Midland purchases defaulted debt and makes effort to collet that debt. BLG is a law firm, but it allegedly sent dunning letters and ...

Excerpt: ...ration with the required information. The court's pre-tentative decision is: The motion of plaintiffs for preliminary approval of class action settlement is [GRANTED]. The complaint alleges claims on behalf of hourly employees and asserts claims for Labor Code violations. There are approximately 3,215 members of the class. The case preliminarily settled for a total of $2,700,000. The settlement agreement states there will be attorneys' fees and c...

Excerpt: ... no prejudice to the other parties in a case. DEMURRER The Demurrer of Warrantech to the first amended complaint is OVERRULED. The first amended complaint filed 1/8/20 alleges that Plaintiff purchased a DJI Phantom 4 drone from a third party seller Beach Camera through the Amazon website and at the same time purchased a warranty for the drone from Warrantech through the Amazon website. Plaintiff asserts claims against Warrantech for (1) violation...

Excerpt: ...California, and that Saks does not provide the warnings required by law. Saks filed a demurrer arguing that it is a "retail seller" and that the complaint does not allege facts that support a claim against a "retail seller" or clearly allege a permissible claim against a "retail seller." The demurrer presents legal issues of statutory construction and pleading standards that must be resolved and then applied to the complaint. GENERAL PLEADING STA...

Excerpt: ...EVANT PERSONS The plaintiffs are the plaintiffs in this case. Precision Tile & Granite is the defendant in this case. U.S. Perma is a business competitor to defendant Precision Tile & Granite. U.S. Perma's president is Jack O'Brien. Jack O'Brien is on the board of the LMCC and on the board of the Association. The LMCC is an industrywide labor management committee formed under 29 USC 175a. The LMCC's board includes US Perma president Jack O'Brien ...

Excerpt: ...P 382.4 in a declaration filed before the hearing, then the court's tentative decision will be: The motion of plaintiffs for preliminary approval of class action settlement is GRANTED. The complaint alleges claims on behalf of hourly employees and asserts claims for Labor Code violations. There are approximately 212 members of the class. The case preliminarily settled for a total of $950,000. The settlement agreement states there will be attorney...

Excerpt: ...st giving clear and reasonable warning to such individual, except as provided in Section 25249.10." (Health and Safety Code 25249.6) Section 25249.10 in turn states that there is no warning requirement if (1) the exposure poses no significant risk assuming lifetime exposure at the level in question and (2) the exposure will have no observable effect assuming exposure at one thousand (1,000) times the level in question. The state publishes presump...

Excerpt: ...st giving clear and reasonable warning to such individual, except as provided in Section 25249.10." (Health and Safety Code 25249.6) Section 25249.10 in turn states that there is no warning requirement if (1) the exposure poses no significant risk assuming lifetime exposure at the level in question and (2) the exposure will have no observable effect assuming exposure at one thousand (1,000) times the level in question. The state publishes presump...

Excerpt: ... the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists," except under certain situations outlined by statute. (CCP § 1281.2.) The Court will not order arbitration of the controversy if: (a) the right to compel arbitrati...

Excerpt: ...omplaint ("SAC") is OVERRULED. STANDARD OF LAW "A demurrer tests the legal sufficiency of the factual allegations in a complaint." (Redfearn v. Trader Joe's Co. (2018) 20 Cal. App. 5th 989, 996.) The Court must determine "whether the complaint alleges facts sufficient to state a cause of action or discloses a complete defense." (Id.) The Court assumes "the truth of the properly pleaded factual allegations, facts that reasonably can be inferred fr...

Excerpt: ...500 for the class representative, a net PAGA payment of $7,500, and settlement administration costs of $7,000. After these expenses, the class would get $151,333.33. The average payout per class members would be $2,101. The settlement was mediated with the assistance of Jeff Winikow. The court gives "considerable weight to the competency and integrity of counsel and the involvement of a neutral mediator in [concluding] that [the] settlement agree...

Excerpt: ...the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order." (CCP § 1008(a).) "The party making the application shall state by affidavit what application was made before, when and to what judge, what order or dec...

Excerpt: ... $7,500 for the class representative, a net PAGA payment of $22,500, and settlement administration costs of $15,000. After these expenses, the class would get $601,916. The average payout per class member would be $952. The settlement was mediated with the assistance of Bob Kaplan. The court gives "considerable weight to the competency and integrity of counsel and the involvement of a neutral mediator in [concluding] that [the] settlement agreeme...

Excerpt: ...ikes, that a Peloton manager instructed Plaintiff to speak English with Peloton customers, that Plaintiffs assembled Peloton bikes in the warehouse, that Plaintiff delivered Peloton bikes on a schedule set by Peloton, and that plaintiff set up Peloton bikes in customer homes. (4AC, para 44-61.) The 4AC asserts that Peloton and other companies were joint employers and client employers (4AC, para 17, 18.) The 4AC asserts a variety of Labor Code cla...

Excerpt: ...tlement of $$4,273,845.63. The settlement agreement states there will be attorneys' fees and cost of up to $27,424,615 (33%), costs of up to $850,000, service awards total of $100,000 for the class representatives, a net PAGA payment of $1,000,000, and settlement administration costs of $0. After these expenses, the class would get $48,615,384.79. The average payout per class members would be approximately $100,000. In addition, the settlement ha...

Excerpt: ...elief. On 5/10/19, plaintiffs filed a petition with the Labor Commissioner under the TAA. On 7/26/19, the court stayed this case due to the Labor Commissioner administrative procedure. When a plaintiff files a complaint in superior court without first exhausting the Labor Code 1700.44 administrative remedy, "the appropriate course is simply to stay the superior court proceedings and file a petition to determine controversy before the Commissioner...

Excerpt: ...e transaction to credit agencies. Verizon argues that plaintiff has not alleged standing under either the Credit Reporting Agencies Act, Civil Code 1785.1 et seq. ("CRA") or the Unfair Competition Law, B&P 17200 et seq. ("UCL"). The court examines each separately. "Standing requirements will vary from statute to statute based upon the intent of the Legislature and the purpose for which the particular statute was enacted." (Sisemore v. Master Fina...

Excerpt: ...l papers five court days before the continued hearing date. The court's TENTATIVE order is as follows: The Motion of Plaintiff for approval of PAGA settlement under Labor Code 2699(l)(2) is UNDECIDED. The First Amended Complaint filed 8/17/18 alleges that Ross Stores precludes keyholders (managers, assistant mangers, etc.) from taking meal and rest breaks in violation of the Labor Code and also has an unlawful term in its standard arbitration agr...

Excerpt: ...o complete. Plaintiffs Precious Owens, Bonnie Brook, and Rosalyn Reed began renting apartments in the building between the time when Defendants learned of the need for the reconstruction project and the time when work on the project began in a way visible to a potential renter visiting the building. When plaintiffs entered into or renewed their leases, they each signed an "Avenue 64 Construction Addendum." (UMF 3 (Owens); UMF 8 (Brook); UMF 13 (R...

Excerpt: ... of the court's challenges in filing documents given the COVID-19 related restrictions on staff. The court continues the motion so that counsel can file, or re-file, the supporting documents. PLEASE NOTE: Department 21 is currently hearing properly contested law and motion matters on Wednesdays at 9:00 a.m. Parties must notify opposing counsel and email the Clerk of Department 21 by no later than 48 hours prior to the assigned hearing date inform...

Excerpt: ...hich there is substantial ground for difference of opinion. (Moving at 5:19-20; Oppo at 9:2-5; Edelstein Dec., Exh 1 [Los Angeles trial court opinion]; Rose v. Hobby Lobby Stores, Inc., Alameda RG17-862127, Orders of 8/31/17 and 1/12/18.) The order is appropriate for immediate review. (CCP 166.1.) The complaint asserts two causes of action, both of which are on behalf of the State of California's Labor Workforce Development Agency under PAGA. "Th...

Excerpt: ...ode 2689 et seq; (3) the 3rd cause of action under Labor Code 98.6 and 1102.5 on behalf of herself individually; and (4) the 4th and 5th causes of action under common law theories on behalf of herself individually. Defendant RMA presents undisputed evidence that Plaintiff was a member of Operating Engineers Local 3 of AFL-CIO ("Union"), that the Union CBA had a mandatory grievance procedure, and that plaintiff failed to exhaust the procedure. PRO...

Excerpt: ...osed interveners Paniagua and Nicholas filed a separate, but overlapping, putative class action in Santa Barbara. (Paniagua v. Reyna v. Brilliant General Maintenance, Inc., Santa Barbara Case No. 19CV04977.) Proposed interveners Paniagua and Nicholas now seek to file a complaint in intervention in this case. Proposed interveners assert that the parties in this case are preparing to settle the claims on a classwide basis that would arguably have c...

Excerpt: ...U.S. Perma is CONTINUED to 10:00 AM on 07/17/2020 in Department 21, Civil Law and Motion, Administration Building, 1221 Oak Street, Oakland. On 3/25/19, plaintiffs filed this putative class action asserting Labor Code violations. On 9/13/19, the parties filed a joint CMC statement in which the set out an agreed pre-mediation discovery plan. The discovery plan concluded, "The Parties have agreed that all other discovery except as agreed upon herei...

Excerpt: ...lass. The case preliminarily settled for a maximum total of $1,500,000. The settlement agreement states there will be attorneys' fees of up to $570,000, costs of up to $25,000, a service award of $7,500 to each class representative, and settlement administration costs of up to $13,500, and a net PAGA payment of $18,750. After these expenses, the amount available to be distributed to the Class (i.e., the Net Fund Value) would be $857,750. Assuming...

Excerpt: ...s case is now one of 13 overlapping cases. On 12/17/19, Defendant filed a notice of submission of petition for coordination. On 1/31/20, Defendant filed notice that the Judicial Council has assigned Amazon Logistics Wage and Hour Cases, JCCP 5078, to the Superior Court of the State of California, Los Angeles, for assignment of a Coordination Motion Judge. In staying this case, the court is guided by the statement in Schneider v. Vennard (1986) 18...

Excerpt: ...tal amount of $32,106.29. BACKGROUND On 5/20/14, Plaintiffs filed this case against approximately 18 Defendants. Between 10/2016 and 10/31/2018, the Kaiser Defendants were in bankruptcy and the case proceeded without them. All the defendants other than the Kaiser Defendants settled or were otherwise dismissed. On 11/6/19, the trial commenced with motions in limine, and on 12/2/19 the court assembled the jurors. On 1/17/20, the jury returned a ver...

Excerpt: ...will be attorneys' fees of up to $875,000 (35%), costs of up to $75,000, a service award of $7,500 for class representative Quijas and $5,000 for Clark, a net PAGA payment of $75,000, and settlement administration costs of $45,000. After these expenses, the class would get $1,417,500. The average payout per class members would be $472. The settlement was mediated with the assistance of Jeffrey Krivis. The court gives "considerable weight to the c...

Excerpt: ...entiality is required by law, court records are presumed to be open." (Cal. Rules of Court, Rule 2.550(c).) "The court may order that a record be filed under seal only if it expressly finds facts that establish: (1) [t]here exists an overriding interest that overcomes the right of public access to the record; (2) [t]he overriding interest supports sealing the record; (3) [a] substantial probability exists that the overriding interest will be prej...

Excerpt: ... the Department of Transportation ("Caltrans"), have reached a settlement agreement to settle the claims in this action (the "Settlement Agreement"). (Declaration of William S. Freeman ["Freeman Dec."], Ex. 1.) The Certified Class for the First, Second and Sixth Causes of Action in the First Amended Complaint is "all persons whose personal belongings were unreasonably taken from them by [Caltrans] in the Cities of Berkeley, Oakland, or Emeryville...

Excerpt: ...r, adequate, and reasonable under all the circumstances. (Accord O'Connor v. Uber Technologies, Inc. (N.D. Cal. 2016) 201 F.Supp.3d 1110, 1133; see also Gov. Code § 12652(e)(2)(B) [requiring False Claims Act qui tam settlements be "fair, adequate, and reasonable under all the circumstances"].) The Court therefore takes guidance from the context of class action settlements, which must also be found to be "fair, adequate, and reasonable." (See, e....

Excerpt: ...s and resets on a regular basis, and causes safety problems when the system is being used for GPS and when backing up the vehicle. Plaintiff alleges violation of the Consumer Legal Remedies Act ("CLRA"), unfair competition law, fraud by concealment, breach of express warranty, breach of the implied warranty of fitness for a particular purpose, breach of the implied warranty of merchantability and unjust enrichment. STANDARD OF LAW "A demurrer tes...

Excerpt: ... of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages . . . , or that one or more defendants either owed or did not owe a duty to the ...

Excerpt: ...ion 12.45.050(B)(1) of the Berkeley Ordinance at issue in this action. The total Judgment was for $348,072.49. Plaintiffs and Cross-Defendants appealed the Judgment, and Mitchel cross-appealed on the issue of the amount of the fee award. The Court of Appeal affirmed the Judgment in its entirety. The Court of appeal stated that the parties were each to bear their own costs, but noted that this did not prevent Mitchel from seeking attorney's fees o...

Excerpt: ...ion of Documents, Set Two within fourteen (14) days of this Order and any documents responsive to the demand for documents. If any documents are withheld on the basis of privilege, Plaintiff shall serve a privilege log detailing each document and the applicable privilege. On January 16, 2018, Plaintiff brought this action against the landlords/owners of the apartment building where she used to live, because of their alleged failure to timely repa...

Excerpt: .... The First Cause of Action is DISMISSED. On January 31, 2018, Serengeti filed this individual debt collection action against Cullup. On October 19, 2018, Cullup filed a cross-complaint against Serengeti alleging individual and class claims. After Serengeti successfully demurred, on February 26, 2019, Cullup filed a FACC against Serengeti, alleging claims arising from Serengeti's debt collection practices for loans to CashCall, Inc. borrowers. Th...

Excerpt: ...laint asserts that the Sutter defendants have a practice of administering nerve block in operating rooms and placing post-operative patients in recovery rooms. The complaint asserts that both practices are unnecessary, inflate the cost of medical care, and are therefore a fraud on insurers and other end payors. MOTION NO. 1 - MOTION OF SUTTER TO COMPEL TENET TO PRODUCE DOCUMENTS AND DEPOSITION TESTIMONY The Motion of Sutter to compel Tenet to pro...

Excerpt: ...Rose for leave to file the proposed First Amended Complaint is DENIED." Procedurally, the court will clarify the order. To the extent that the motion is a motion for reconsideration, the court will hear the motion. (Le Francois v. Goel (2005) 35 Cal.4th 1094, 1096; In re Marriage of Barthold (2008) 158 Cal.App.4th 1301.) Substantively, plaintiff seeks clarification of three points. (Opening brief at 2:11- 20.) First, plaintiff seeks clarification...

Excerpt: ...ment states there will be attorneys' fees of up to $47,313.31 (30%), costs of up to $TBD, a service award of $5,000 for the class representative, and settlement administration costs of $9,750. After these expenses, the class would get $100,000. The average payout per class members would be $400. The settlement was mediated with the assistance of Tripper Ortman. The court gives "considerable weight to the competency and integrity of counsel and th...

Excerpt: ...gency room fee for emergency room visits that is billed on top of the individual items of treatment and services provided. The 2AC asserts three claims (1) declaratory relief; (2) UCL unfair, unlawful, and deceptive; and (3) CLRA, Civil Code 1770(a)(5) and (a)(14). ORDER ON DEMURRER OF SUTTER TO SECOND AMENDED COMPLAINT On a demurrer or motion to strike, the court accepts all factual assertions as true and construes them in favor of plaintiff. FI...

Excerpt: ...tive relief. Under Labor Code 1700.44 (a), if a claim arises under the Talent Agencies Act (TAQA), then "the parties involved shall refer the matters in dispute to the Labor Commissioner, who shall hear and determine the same, subject to an appeal ... to the superior court where the same shall be heard de novo." When a plaintiff files a complaint in superior court without first exhausting the administrative remedy, "the appropriate course is simp...

Excerpt: ... or the person bringing the action is an original source of the information." AbbVie argues that the public disclosure bar of Insurance Code 1871.79(h)(2)(A) applies. The Insurance Commissioner asserts that because Insurance Code 1871.7(d) authorizes the district attorney or commissioner (and not the Attorney General) to bring a civil action, the court should read the Labor Code 1871.79(h)(2)(A) exception for an "action is brought by the Attorney...

Excerpt: ...ial you might need to verify that your debt was consumer debt under California law as part of the distribution of any monetary recovery." This sentence will be para 20 only and not in the several places where defendants proposed to insert it in the class notice. The sentence informs absent class members that they might need records, which should encourage them to maintain any records. The sentence does not suggest that there will be individualize...

Excerpt: ... 93, 94, and prayer 7.) On 10/7/19, plaintiffs identified many of the DOE defendants, including DOE #3 - Justice Brothers. This is a motion to strike. On notice issues, the question is whether the complaint puts defendant on notice of the claims against them. On merits issues, the question is whether the complaint states claims when the court takes all factual inferences in favor of plaintiffs. The motion to strike the allegation regarding "other...

Excerpt: ...award of $5,000 for each class representative, and a net PAGA payment of $15,000, and settlement administration costs of $14,500. After these expenses of 214,500, the class would get $325,500. The moving papers state the average payout per class members would be $436. (Opening at 8:17) This suggests minimal litigation costs. The settlement was mediated with the assistance of Judge Enrique Romero (Ret). The court gives "considerable weight to the ...

Excerpt: ...orneys' fees of up to $75,000, costs of up to $15,000, a service award of $7,500 for the class representative, settlement administration costs of $10,000, and a PAGA payment to the LDWA of $3,750. After these expenses of $111,250, the class would get $113,750. This is an average of $1,186 per class member. The settlement was mediated with the assistance of Francis Ortman. The court gives "considerable weight to the competency and integrity of cou...

Excerpt: ...ted. (Hicks v. Kaufman and Broad Home Corp. (2001) 89 Cal.App.4th 908, 916 fn 22.) The Court's focus is on not just the presence or absence of individual issues but the nature of those issues and how significant they will be to the conduct of the trial. (Dunbar v. Albertson's, Inc. (2006) 141 Cal. App. 4th 1422, 1431-1432.) The First Amended Complaint filed 2/8/19 asserts a single claim for breach of fiduciary duty. The briefing on the motion for...