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: ... 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...