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