Excerpt: ...29; Robinson Helicopter co., Inc. v. Dana corp. (2004) 34 cal.4th 979, 989-90.) The supreme Court stated, Page | 2 "[T]he duty that gives rise to tort liability is either completely independent of the contract or arises from conduct which is both intentional and intended to harm." (Erlich v. Menezes (1999) 21 Cal.4th 543, 552.) In certain instances, an exception has been permitted under professional service contracts (e.g., a claim against an att...

Excerpt: ...d Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in settlement, the extent of discov...

Excerpt: ...) Discriminaton (disability) against Caremore Plan, Caremore System, Elevance, Elevance CA, and Elevance Cos. [collectively "Elevance-caremore"]; (2) Failure to accommodate against Elevance-Caremore; (3) Failure to interact against Elevance-Caremore; (4) Wrongful termination against Elevance-Caremore; (5) Retaliation (FEHA) against Elevance-Caremore; (6) Wrongful termination against Elevance-Caremore; (7) Retaliation (CFRA) against Elevance-Carem...

Excerpt: ...enforcement of state labor laws." (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 77.) The court must also find that the plaintiff "has adequately represented the state's interests, and hence the public interest." (ld. at p. 89.) The LWDA must have been notified of the settlement and given an opportunity to object. The Proposed Settlement Gross Settlement Amount: $ 142,032.00 Attorney Fee: $ 47,344.00 Costs: $ 2,448.19 Administration Fee: S ...

Excerpt: ...nalysis in the motion for final approval. 3 Costs must be documented. The court does not award costs for LEXIS or Westlaw usage (which are considered items of overhead), faxes (also overhead), or photocopying in excess of $0.05 per page. 5 (8) civil penalties under the Private Attorneys General Act (PAGA). Per the terms of the currently proposed settlement, Plaintiffs would represent a class of all current and former nonexempt employees employed ...

Excerpt: ... (5) meal period violations; (6) reimbursements; (7) wage statement violations; (8) waiting time penalties; (9) penalties per Labor Code section 558; (10) untimely wages; (11) restitution; and (12) civil penalties under the Private Attorneys General Act (PAGA). Per the terms of the currently proposed settlement, Plaintiff would represent a class of all non-exempt employees employed in California at any point from September 7, 2016 through October...

Excerpt: ...eed v. United Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the riskof maintaining class action status through trial, the amount offered in settlement, the exten...

Excerpt: ...tail, Inc. (2008) 168 cal.App.4th 116, 126; Reed v. united Teachers Los Angeles (2012) 208 cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class achon status through trial...

Excerpt: ... Co. and Robar Enterprises, Inc.: 1. Failure to Pay Overtime Wages 2. Failure to Pay Minimum Wages 3. Failure to Provide Meal Periods or Compensation in Lieu Thereof 4. Failure to Provide Rest Periods or Compensation in Lieu Thereof 5. Waiting Time Penalties 6. Wage Statement Violations 7. Violation of S 2802 8. Violation of Business and Professions Ctxle S 17200 et seq. 9. Civil Penalties under Labor Cade S 226.3 10.Civil Penalties Under Labor C...

Excerpt: ...ords pertaining to the care, treatment, and examination of [Doe] regardless of treatment dates including all offce, ER, pathology records, inpatient and outpatient charts and records. Produce all electronic discovery records including correspondence and email records, prescriptions, and patient questionnaires. All descriptions of all exercises proscribed and documentation that indicates dates and times of patient's appointments. Include all physi...

Excerpt: ...ers Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in settlement, the extent of discovery com...

Excerpt: ...Demurrer: The Court would OVERRULE the demurrer. Case Summary This is a business dispute. Plaintiff Rancho contends it was the former manager of the Del Chino Shopping Center, which covers multiple parcels and owners, and that it was not paid for six years of expense reimbursements pursuant to a restriction and easement agreement (REA) that governed the properties. Through the operative third amended complaint (3AC), Plaintiff contends Defendant ...

Excerpt: ...ssor in interest to the Estate of Juan Antonio Alvarado-Martinez ("Decedent"). Plaintiffs allege Defendants negligently caused an automobile accident in which Decedent was killed and Chastity and her three daughters—Lyric, Jessie, and Raylene—were injured. Relevant to this demurrer, Plaintiffs allege they are all residents of the State of Utah (Comp'. "3-8) and the accident occurred in Nevada (Comp'. 915). The defendants are located in the St...

Excerpt: ...(See Fenton v. Groveland Comm. Services Dist. (1982) 135 Cal.App.3d 797, 809, disapproved on other grounds in Katzberg v. Regents of Univ. of Calif. (21N2) 29 Cal.4th 3W, 328, fn. 30.) Furthermore, a demurrer for uncertainty is sustained only where the complaint is unfairly vague or so ambiguous or unintelligible that the defendant cannot reasonably respond, i.e„ determine the issues to be admitted or denied. (Khoury v. Maly's of Calif. , Inc. ...

Excerpt: ... (See Comp'. 915.) Another customer, Rico Cruz ("Cruz"), verbally and physically assaulted Plaintiff while she was in a vulnerable and altered state. (ld.) After the assault, Plaintiff was kidnapped and dropped into a ditch, where she suffered injuries, including a broken hip. (Compl. 918.) Plaintiff's complaint includes three causes of action against both defendants: (1) negligence; (2) negligent hiring, supervision, and retention; and (3) premi...

Excerpt: ..." of defendant's website. (Italics added.) "Everyone" would include plaintiff. The thirdparty who allegedly intercepts the communications with defendant's knowledge and cooperation is identified as Ada, Inc. (FAC '1 10.) Plaintiff also alleges that he was not advised that his communications were being monitored, intercepted, or record and that defendant was allowing an aiding the interception of the conversation. (FAC 4, 19, 21, 22.) Plaintiff do...

Excerpt: ...tions that Sentinel was involved in the sale of the property to the insured. Defendant asserts in a conclusory fashion that the real estate transaction records may show the condition of the roof at the time of the sale. But no information is provided about when such sale occurred and the subpoena itself does not give any indication of time period for which the records are sought. (See Kim Decl. Exh. A.) Defendant also does not make clear whose re...

Excerpt: ...efendant Ancheta. The original complaint named Penske Leasing/ Rental Company but was amended on September 10, 2021 to name Defendant Albertsons. The complaint alleges three causes of acton: (1) negligence/negligence per se; (2) negligent entrustment; and (3) negligent hiring and supervision. Plaintiff asserts Defendant Ancheta was acting in the course and scope of his employment with Defendant Albertsons when the accident occurred. Relevant here...

Excerpt: ..., the complaint alleges Plaintiff was employed by Defendant as a nonexempt Dock Worker/Freight Handler from approximately July 2016 until approximately April 2020. During this period, Plaintiff alleges that he and the other aggrieved employees were not accurately compensated for overtime; were deprived of mandatory rest pericKls; and were not provided accurate itemized wage statements. (Complaint, "10- 11.) Page 4 Summary of the Law California La...

Excerpt: ...ff, in pro per, filed a general denial. Attached to his general denial is a response in which he states he feels he is being unfairly charged for transactions he made with the State Fund. He states: "I would like to come to an agreement with the Plaintiffs for a less amount. If we are unable to come to an agreement I may have to file bankruptcy as a last resort." (Def's Response attached to his General Denial, filed 10/5/22.) On December 7, 2022,...

Excerpt: ...s Angeles (2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class achon status through trial, the amount offered in settlement, the extent of discovery completed ...

Excerpt: ...sive pleading is due. Under Code of Civil Procedure secton 430.41, subdivision the demurring party must file a declaration stating either: (B) The means by which the demurring party met and conferred with the party who filed the pleading subject to demurrer, and that the parties did not reach an agreement resolving the objections raised in the demurrer. (B) That the party who filed the pleading subject to demurrer failed to respond to the meet an...

Excerpt: ...e FAC alleges violations related to (1) wages; (2) meal periods; (3) rest breaks; (4) piece-rate rest break wages; (5) unlawful deductions; (6) final pay; (7) wage statements; (8) reimbursements; as well as (9) violations of the unfair competition law; and (10) civil penalties pursuant to PAGA On October 17, 2022, Plaintiff filed a Proof of Service, indicating substitution service on July 6, 2022 by "leaving the copies with or in the presence of"...

Excerpt: ...this court adjudicate the following issues in favor of Defendant: Page | 4 Issue 1: Defendant had no reasonable notce of the condition that caused Plaintiff's incident. (UMF Nos. 1-9.) Issue 2: Defendant owed no duty to Plaintiff because the item involved in her incident was open and obvious. (UMF Nos. 1-9.) Statement of the Law: Legal Authority for Motion for Summary Judgment: "The purpose of the law of summary judgment is to provide courts with...

Excerpt: ...ers Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class achon status through trial, the amount offered in settlement, the extent of discovery comp...