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

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