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: ...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: ...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: ...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: ... (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: ...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: ... 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: ...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: ...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: ...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 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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...