Excerpt: ...fair, adequate and reasonable" for the class. (Kullar v. Foot ü)cker Retail, Inc. (2008) 158 Cal.App.4th 116, 126; Reed v. United Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) There were no objections to the class settlement and no opt-outs. The gross settlement amount is $1,000,000.00. The proposed deductions from the gross are for attorney fees ($333,333.33), costs ($19,723.23), administration fee ($8,890.00), three incentive awards o...

Excerpt: ... confer in the next five (5) days on a mutually agreeable three-day period for Defense experts to conduct the survey or inspection of Plaintiffs' property. The survey or inspection shall occur within thirty (30) days of this ruling. The Court would impose sanctions against Plaintiffs, payable within thirty (30) days, in the amount of $1,800. Case Summary Plaintiffs filed their Complaint on September 28, 2021, alleging causes of action for (1) neg...

Excerpt: ...n April 13, 2023 and then discussed the discovery by phone five days later. No resolution was reached so the pencrng motions to compel further SRog responses and deem facts admitted was filed. The motions involve SRog No.'s 5-7, 11, 17, 19-20, 22, 25-27 and RFA's 2, 13-16, and 20. The motion is supported by a declaration from attorney Amy Maclear; the responses to the discovery; and the meet and confer correspondence. The motion is opposed by Roj...

Excerpt: ...ot file a reply. II. DISCUSSION Merits of Defendant's Motion to Strike Motions to strike can be used to strike any "irrelevant, false or improper matter inserted in any pleading," or to strike any pleading or part thereof "not drawn or filed in conformity with the laws of this state, a court rule or order of court." (Code Civ. Proc., S 436.) Defendant moves to strike Plaintiff's request for an award of attorney fees in paragraph 20 of the FAC and...

Excerpt: ...mployer's usual course of business. (b) A client employer shall share with a labor contractor all civil legal responsibil-ty and civil liability for all workers supplied by that labor contractor for the follow-ng: (1) The payment of wages. (d) At least 30 days prior to filing a civil action against a client employer for violations covered by this section, a worker or the worker's representative shall notify the client empoyer of violations under ...

Excerpt: ...vina Sabbah), the estate of the brother's father (the Estate of Ziad Sabbah), the brother's paternal uncle (Ghaleb Sabbah), St. Michael Service Corp., (St. Michael), ZSS Marketing, Inc. (ZSS), and St. Benedict Corporation ("St. Benedict"). The FAC pleads 9 causes of action: (1) Partiton against Omar, Amer, St. George, Savina, the Estate, Ghaleb, ZSS, St. Benedict, and Ted's Plaza; (2) Breach of fiduciary duty against Omar, Amer, St. George, Savin...

Excerpt: ...st qualified (PMQ) with production of documents. Defendant opposes. Plaintiff replies and filed evidentiary objections to the declaration of defense counsel Darshnik Meet Singh Brar. The Court notes that the motion is incorrectly noticed under Code of Civil Procedure sections 2025.450, subdivision (a), which allows a party who served a valid deposition notice, without having served a valid objection, to move for an order to compel the deposition ...

Excerpt: ...appropriately. If unprofessional rancor continues, the court will address the issue further and will take appropriate action. The court anticipates not having to do so. Plaintiffs' argument that it was appropriate to designate the entirety of the search results as "highly confidential" before accessing and reviewing the documents is unreasonable. Some of them may be highly confidential, but that can be determined only after counsel has had an opp...

Excerpt: ...1) setting aside a fraudulent trustee's sale; (2) fraudulent conveyances; (3) fraud and conspiracy to commit fraud; (4) declaratory relief; (5) conspiracy to commit fraud; (5) slander of title; (7) intentional misrepresentation; (8) unconscionability; (9) fraudulent conversion; (10) cancellation of false documents; (11) quiet title; (12) intentional interference with economic advantage; and (13) preliminary and permanent injunction. Relevant here...

Excerpt: ...emnify expenditures; (9) violation of the unfair competition law; and (10) civil penalties pursuant to the Private Attorneys General Act (PAGA). Plaintiff seeks to represent all non-exempt employees who worked for Defendant in California during the class period. The parties thereafter engaged in extensive voluntary exchange of information, with Plaintiff's counsel performing a detailed payroll data analysis, in order to value the case and meaning...

Excerpt: ... 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 riskof maintaining class action status through trial, the amount offered in settlemen...

Excerpt: ...laint pleads one cause of action for negligence. Defendants WI and Edison answered. The Complaint alleges on September 29, 2017, a fire broke out in the electrical room at 1640 E. 4th St., Ontario. The fire spread to the property owned by Golden Globalinks Corporation dba Golden Corral ("Golden"). MJI owns, possesses, manages, and/or maintains the maintenance room. Mid-century insured Golden and its property ("4-6). Defendant MJI filed a Cross-co...

Excerpt: ...esent labor law violations, deter future ones, and to maximize enforcement of state labor laws." (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 77.) he court must find that the plaintiff "has adequately represented the state's interests, and hence the public interest." (ld. at p. 89.) The LWDA must be notified of the settlement and be given an opportunity to object. The court may looks to parallel class action guidelines to determine what i...

Excerpt: ...Retail, 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 (2005) 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 tr...

Excerpt: ... costs. Fees and costs are simply a part of the motion for approval. The court believes it may have sufficient information to award fees and costs based on what has been filed. In future cases, counsel should file a single motion. Final Approval of Class Acton Settlements Settlement of a class action requires court approval. (Cal. Rules of Court, rule 3.769.) The moving party must demonstrate that "the settlement is fair, adequate and reasonable....

Excerpt: ...s Acton Settlements in General Settlement of a class action requires court approval. (Cal. Rules of Court, rule 3.769.) The moving party must demonstrate that "the settlement is fair, adequate and reasonable." (Kullar v. Foot Locker Retail, 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 ...

Excerpt: ...g sanction is not necessary to enforce a monetary sanction. New and v. Superior Court (1995) 40 Cal.App.4th 608, 615; Jones v. Otero (1984) 155 Cal.App.3d 754, 759. his ground cannot be the basis for the Court granting this motion. The remaining grounds are Defendant's failure to engage in discovery and her alleged willful disobedience of the Court's Order compelling discovery. These grounds are persuasive. While defense counsel was present, noti...

Excerpt: ...s. This Court may exercise its "'inherent authority to fashion procedures and remedies as necessary to protect litigants' rights and the fairness of trial.'" (Coastline JX Holdings LLC v. Bennett (2022) 80 Cal.App.5th 985, 1009, quoting Wesson v. Staples the Office Superstore, LLC (2021) 68 Cal.App.5th 746, 763.) The levy resulted from the writ of execution, which was the result of this Court's grant of a default judgment—a default judgment whi...

Excerpt: ...ries together with the declaration of Paige C. Sirey, Esq. and a separate statement. Plaintiff Ronald McDonald ("Plaintiff" or "McDonald") opposed on June 15, 2023 and Westlake filed a reply on June 21, 2023. On May 23, 2023, Westlake also filed a moton to consolidate related cases, CIVSB2130404 and CIVSB2219053, together with the declaration of Paige C. Sirey, Esq. McDonald opposed on June 14, 2023 and Westlake filed a reply on June 21, 2023. Mo...

Excerpt: ...ore it too is barred by the statute of limitations. The demurrer is supported by a declaration from attorney Steven Friedland and a meet and confer e-mail. The demurrer is opposed by Defendant, but it seemingly responds to arguments not made in the demurrer. DISCUSSION under Code of Civil Procedure section 430.41, before filing a demurrer, the objecting party shall meet and confer with the opposing party in person or by telephone for the purpose ...

Excerpt: ...1) breach of lease against Lefty, and (2) breach of guaranty against Mallad. Defendants answered. Defendants Lefty and Mallad filed a Cross-complaint against Cross-Defendant Kim. The Cross-complaint pleads 4 cross- claims: (1) breach of the implied covenant, (2) breach of the covenant of quiet enjoyment, (3) constructive eviction, and (4) rescission. The Complaint and Cross-complaint allege on August 4, 2020, Rivsa SB Pad, LLC ("Rivsa") and Lefty...

Excerpt: ...ailure to meet and confer, where required, will result in sanctions to the offending party. DEMURRER: Third Cause of Acton for Intentional Infliction of Emotional Distress: The Court is confused by Plaintiff's position. On the one hand, Plaintiff requests leave to amend and then argues that the allegations are sufficient. The Court determines that, while the allegations are sufficient as against a demurrer, if Plaintiff wants leave to amend, the ...

Excerpt: ...orm Interrogatories — Employment Tentative Rulings As to the Motions: The Court would GRANT these unopposed motions. Requests for Admissions are deemed admitted. As to the other discovery, Defendants will provide objection-free responses within thirty (30) days. As to Requests for Sanctions: The Court would impose sanctions on Defendant in the amount of $1,cm per motion ($5mo in total per Defendant). Sanctions are payable within 30 days. Case S...

Excerpt: ... the evidence that plaintiff signed it. Similarly, plaintiff's feeling of being rushed and not given suffcient time to read everything may be factors to consider in the unconscionability analysis, but are not a factor in determining whether she entered into the agreement. Plaintiff does not dispute that she clicked "l Agree" on the day she was hired. Identification of the Parties to the Agreement Plaintiff argues that the agreement is unenforceab...

Excerpt: ...plaint pleads two causes of action: (1) breach of contract, and (2) declaratory relief. On May 12, 2023, Plaintiff Renovate recorded and filed a Notce of Pendency of Action ("Lis Pendens"). Defendants McLaughlin now move to expunge the Lis Pendens on two grounds: (1) lack of probability of prevailing and (2) adequate damages. Plaintiff Renovate opposes. Defendants McLaughlin reply. Plaintiff's Evidentiary Objections With the Opposition, Plaintiff...