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: ... 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: ...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: ...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: ...%), 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: ...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: ...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: ...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: ... 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: ...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: ...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: ...