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...