Excerpt: ...rst Amended Complaint asserts that the wage statements failed to state the rate of pay for double-time hours worked. (1AC, para 31.) Labor Code 226(a) requires an employer to provide an "accurate itemized statement." Labor Code 226(e)(2)(B) states that "An employee is deemed to suffer injury for purposes of this subdivision if the employer fails to provide accurate and complete information ... and the employee cannot promptly and easily determine...

Excerpt: ...tions that the policies and practice are unlawful and unconstitutional. MOTIONS TO SETTLE CLASS CLAIMS AND TO DISMISS CLASS ALLEGATIONS. This case was filed as a putative class action. Therefore, the case cannot be settled or dismissed without Court approval. C.R.C. 3.769 and 3.770 Class actions cannot be settled without Court approval to ensure that the named plaintiff and the class counsel have represented the absent class members adequately. S...

Excerpt: ...tered into a contract with Amazon. The contract has a choice of law provision designating Washington state as the law. Amazon is based in Washington state, so there is a substantial relationship to a Washington state, so the court will give effect to the choice of law provision. (Nedlloyd Lines B.V. v. Superior Court (1992) 3 Cal.4th 459, 465.) (See also Brinkley v. Monterey Financial Services, Inc. (2015) 242 Cal.App.4th 314, 327-329.) The claim...

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

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

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

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

Excerpt: ..., the 2AC alleges that Plaintiff went to an XPO warehouse, that William from Peloton instructed plaintiff on how to assemble Peloton bikes, that Plaintiffs assembled Peloton bikes in the warehouse, that Plaintiff delivered Peloton bikes, and that Peloton advertises that "all Peloton bikes are brought to you with our own ... delivery and assembly service." (2AC, para 44-48.) Regarding other defendants, the 2AC asserts that Plaintiff was paid by Fr...

Excerpt: ...iffs that monthly benefits not claimed by age 60 will be forfeited, reducing the lifetime value of the pensions. (Cpt para 6, 68(d); 2AC, para 4, 5, 6, 72; Oppo at 1:4-8; 2:11-13.) 3:17-24, 4-5.) The Regents asserts that plaintiffs use terms such as "vested pension right", "right to immediate payment", and "forfeiture" contrary to California law. The court will not issue orders on word choice. The court understands that the claim for breach of fi...

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

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

Excerpt: ...ore was a driver. Reed was a general laundry worker. On 3/25/19 Plaintiff Gallagher dismissed his claims. The First Amended Complaint filed 9/26/17 asserts the following claims: (1) failure to pay for all time worked; (2) Failure to provide rest periods; (3) failure to provide complete and accurate wage statements; (4) failure to pay wages due at termination of employment; (5) failure to reimburse business expenses; and (6) violation of UCL. This...

Excerpt: ...uez to arbitrate the claims that he brings on behalf of the LWDA is DENIED. The request of Tesla to stay this PAGA action is DENIED. The plaintiffs who represent the LWDA in (1) Flores v. Tesla, RG18-907072, (2) Romero v. Tesla, RG18-911152, consolidated with RG-920461 (3) Joshua v. Tesla, RG18-928820, and (4) Rodriguez v. Tesla, RG19-013428, are all ORDERED TO APPEAR AND SHOW CAUSE at 11:00 am on 11/15/19 in Dept 21 why the court should consolid...

Excerpt: ...sts the tentative decision. The motion of plaintiffs for preliminary approval of class action settlement is GRANTED. The complaint alleges claims for failure to provide meal and rest breaks, to pay for all hours worked, failure to provide complete and accurate wage statements under Labor Code 226(a), waiting time penalties under Labor Code 203, and related claims. There are approximately 1,825 members of the class. The case preliminarily settled ...

Excerpt: ... (1AC, para 33.) The First Amended Complaint alleges in the second cause of action under Labor Code 226 that defendant failed to provide accurate itemized wage statements because they failed to reflect to proper rate of overtime pay. The legal issue is whether when a plaintiff states a claim for miscalculation of overtime pay the employee may also state a derivative Labor Code 226 claim for an a penalty based on an inaccurate wage statement. Mald...

Excerpt: ...Complaint. On 8/17/17, the court's order on the demurrer narrowed the case to two substantive claims: (1) The 1st cause of action (2AC, para 69-89) is for breach of contract against eBay and PayPal regarding the buyer-seller dispute resolution system and (2) the 17th cause of action (2AC, para 208-217) is for breach of the implied contractual duty of good faith and fair dealing against eBay regarding the retroactive application of the rating syst...

Excerpt: ...e last known residence or business address of the client if the attorney has been unable to locate a more current address after making reasonable efforts to do so within 30 days before the filing of the motion to be relieved. "Reasonable efforts" requires a diligent and good faith effort. (Stuart v. State Bar (1985) 40 Cal.3d 838, 842 ["Petitioner and one of his employees testified that efforts were made to contact him by telephone and mail. Also...

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

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

Excerpt: ...ve defense of the statute of limitations. USIC must prove every element of its affirmative defenses. The court construes the facts in favor of Contempo. "While resolution of the statute of limitations issue is normally a question of fact, where the uncontradicted facts established through discovery are susceptible of only one legitimate inference, summary judgment is proper." (Deveny v. Entropin, Inc. (2006) 139 Cal.App.4th 408, 491) FACTS AND PR...

Excerpt: ... beyond six months [from the hearing date], and that satisfies the court that the interests of justice will be served by granting the preference." (Code Civ. Proc., § 36, subd. (d).) Plaintiffs' Motion is opposed by all defendants named and served in this action: Stater Bros. Markets, the Vons Companies, Inc., Ralphs Grocery Company, Cyprus Mines Corporation, Johnson & Johnson, and Johnson & Johnson Consumer Inc. (collectively, "Defendants"). Al...

Excerpt: ...y for all hours worked, failure to provide complete and accurate wage statements under Labor Code 226(a), waiting time penalties under Labor Code 203, and related claims. There are approximately 960 members of the class. The case preliminarily settled for a total of $3,850,000. The settlement agreement states there will be attorneys' fees of up to $1,347,500, costs of up to $50,000, a service award of $10,000 to each class representative, and set...

Excerpt: ...s the court that the interests of justice will be served by granting the preference." (Code Civ. Proc., § 36, subd. (d).) Plaintiffs' Motion is opposed by all defendants named and served in this action: Stater Bros. Markets, the Vons Companies, Inc., Ralphs Grocery Company, Cyprus Mines Corporation, Johnson & Johnson, and Johnson & Johnson Consumer Inc. (collectively, "Defendants"). All supplemental objections are noted and OVERRULED. As the Cou...

Excerpt: ...y for all hours worked, failure to provide complete and accurate wage statements under Labor Code 226(a), waiting time penalties under Labor Code 203, and related claims. There are approximately 380 members of the class. The case preliminarily settled for a total of $1,875,000. The settlement agreement states there will be attorneys' fees of up to $656,250 (35%), costs of up to $30,000, a service award of $5,000 to each class representative, sett...

Excerpt: ...is tried to a jury regarding liability and is tried to a judge regarding the amount of penalties. Nationwide Biweekly Admin., Inc. v. Superior Court (2018) 24 Cal. App. 5th 438, recently analyzed whether UCL claims for statutory penalties should be determined by a jury. The appellate court found that while the "gist" of statutory causes of action are legal-"thereby giving rise to a right to jury trial"-"following the approach taken by the United ...

Excerpt: ...orm. Both Moneygram and plaintiff rely on California law. The agreement states below the arbitration clause that it is governed by Minnesota law. Both parties have waived any argument that Minnesota law applies. PROCEDURAL UNCONSCIONABILITY Plaintiff argues that the arbitration agreement is procedurally unconscionable on several grounds. The agreement is in 6 point font. This is an indication that it is procedurally unconscionable. California sta...

Excerpt: ...loyer will show that plaintiff lied on her application for employment at defendant. The court considers whether the discovery sought is relevant, is privileged or protected, or unduly burdensome. RELEVANCE The testimony sought is relevant to the credibility of plaintiff. Defendant asserts that the deposition testimony is relevant because it will reveal that plaintiff made false statements in his/her applications for prior employment. Plaintiff is...

Excerpt: ...ct.is designed to protect artists seeking professional employment from the abuses of talent agencies. The Act's definition of a talent agency is narrowly focused on efforts to secure professional "employment or engagements" for an "artist or artists." (§ 1700.4, subd. (a).) Thus, it does not cover other services for which artists often contract, such as personal and career management (i.e., advice, direction, coordination, and oversight with res...

Excerpt: ...ses who are adverse to the class (Evid Code 776), and should be excluded from the class definition. The order of 6/30/17 suggests that managers Jason Johnston and Benjamin Miller should also be excluded. STANDARD "[A] court must not hesitate to disqualify an attorney when it is satisfactorily established that he or she wrongfully acquired an unfair advantage that undermines the integrity of the judicial process and will have a continuing effect o...

Excerpt: ...ose dates were no longer available. Most recently, Defendant has suggested 7/18/19. On the other side of the coin, on 3/14/19, Defendants noticed the depositions of 23 plaintiffs of which 5 have been taken and 17 will be taken later when scheduling permits. The Motion of plaintiffs to compel attendance of 1919 Bayside LLC's person most qualified at deposition is GRANTED. Bayside LLC's person most qualified must appear as agreed on 7/18/19. The re...

Excerpt: ... the parties ... are an adjunct to the pleadings" and should be used liberally "for the purpose of clarifying and narrowing the issues made by the pleadings." (Jacobs v. Coldwell Banker Residential Brokerage Co. (2017) 14 Cal.App.5th 438, 445.) The complaint adequately asserts a cause of action against Mystic under Proposition 65 (H&S 25249 et seq). The 1AC alleges that Mystic manufactures, distributes, or sells belts, that the belts contain lead...

Excerpt: ...99) 20 Cal. 4th 1178, 1216-1217; In re Marriage of Nicholas (2010) 186 Cal.App.4th 1566, 1575-1575.) In reviewing a motion to seal, the court starts with the "strong presumption ... in favor of public access to court records in ordinary civil trials." (In re Marriage of Nicholas, 186 Cal.App.4th at 1575.) The party seeking to seal a document in a Court file must overcome that "strong presumption" by presenting declarations that contain fact suffi...

Excerpt: ...alf of the LWDA under PAGA. (Labor Code 2699; 8 CCR 11070(14).) Johnson did not assert class claims and did not assert other Labor Code Claims. The parties in the Johnson case reached a settlement through mediation on 3/22/19. Johnson has not yet filed a motion for approval of the settlement under Labor Code 2699(l)(2). The second filed case is Liang v. FedEx Office and Print Services, Superior Court of California, County of Santa Clara, Case No....

Excerpt: ...er of 8/2/13 granted Ms. Brachfeld's motion for judgment on the pleadings. On 8/26/13, the court entered judgment in favor of Ms. Brachfeld. She is no longer in the case. BLG was a law firm that was apparently controlled and managed by Ms. Brachfeld. BLG allegedly sent dunning letters and filed lawsuits on behalf of Midland. BLG filed a certificate of dissolution on 2/2/15. (Order of 7/27/18.) It is unclear whether BLG is still a party in the cas...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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