Excerpt: ...e step process for determining whether an arbitration agreement exists: (1) the moving party bears the burden of producing prima facie evidence of a written agreement to arbitrate the controversy by either attaching a copy of the arbitration agreement with the opposing party's signature or by setting forth the terms of the agreement in the motion; (2) the opposing party bears the burden of producing evidence to challenge the authenticity of the a...

Excerpt: ...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 completed and the stage of the proceedi...

Excerpt: ...rt 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 completed and the stage of the proceedings, the expe...

Excerpt: ...w violations, deter future ones, and to maximize enforcement of state labor laws.” (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 77.) The court must find that the plaintiff “has adequately represented the state's interests, and hence the public interest.” (Id. 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 is “fai...

Excerpt: ...legedly required by statute and Caltrans' internal policies. Petitioner alleges that Caltrans purchased approximately five acres of land as part of an I‐210 freeway development project. Due to design changes for the freeway, the land remains unused and vacant. On April 1, 2017, Caltrans and Petitioner entered into a two‐year lease for Petitioner to use the land for Caltrans‐related work. Through later lease amendments, Petitioner continues ...

Excerpt: ... same arbitration agreement. Counsel, therefore, are directed to the court's tentative ruling in Martinez. In this case, however, plaintiffs argue that the agreement is unconscionable. Unconscionability is the absence of meaningful choice on the part of one of the parties together with contract terms, which are unreasonably favorable to the other party. (Allan v. Snow Summit (1996) 51 Cal.App.4th 1358, 1376.) Unconscionability has procedural and ...

Excerpt: ... PAGA claims were not subject to arbitration under any circumstances. (See e.g. Iskanian v. CLS Transp. Los Angeles LLC (2014) 59 Cal.4th 348.) In Viking River, however, the Court held, contrary to Iskanian, that under the Federal Arbitration Act, 9 U.S.C., section 1 et seq. (FAA), a PAGA action is divisible into “individual” and “non‐individual” components. In the Viking River lexicon, an “individual” PAGA claim is one based on Lab...

Excerpt: ...laintiff's medical condition has greatly evolved since the action was filed. Defendants appear to have initially read the case as much more limited in terms of damages than it is turning out to be. Plaintiff does not demonstrate any prejudice, other than further delay. On the other hand, the case is very old and it has been nearly six years since the case was filed. Plaintiff complains that Defendants have not acted diligently in the discovery pr...

Excerpt: ... v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 126; Reed v. United Teachers Los Angeles 1 The unilateral insertion of new class representatives into the pleading caption sheet is improper without some sort of amendment. (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 s...

Excerpt: ...nd 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 Cal.App.4th 706, 723.) Relevant factors the court may consider include “the strength of the plaintiffs' case, the risk, the expense, complexity and likely duration of further litigatio...

Excerpt: ...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 completed and the stage of the proceedi...

Excerpt: ...or Court; and (4) the unpublished Court of Appeal Opinion in Rosenstiel v. Alpha Beta Gamma Trust. The Court GRANTS the unopposed requests. The Court also takes sua sponte notice that individual Plaintiff Eric Scott Rosensteil is named on the Judicial Council's Vexatious Litigant List. Thus, Mr. Rosensteil will be subject to a pre‐filing ORDER that prohibits him from filing any new litigation in pro per without first obtaining permission from t...

Excerpt: ...AGA claims were not subject to arbitration under any circumstances. (See e.g. Iskanian v. CLS Transp. Los Angeles LLC (2014) 59 Cal.4th 348.) In Viking River, however, the Court held, contrary to Iskanian, that under the Federal Arbitration Act, 9 U.S.C., section 1 et seq. (FAA), a PAGA action is divisible into “individual” and “non‐individual” components. In the Viking River lexicon, an “individual” PAGA claim is one based on Labor...

Excerpt: .... Motion: The motion is denied. Moving party has failed to demonstrate the existence of an arbitration agreement between Plaintiffs and Defendant. Preliminarily, the language of the arbitration provision plainly does not give Defendant the right to compel arbitration as a third‐party beneficiary or otherwise. Rather, the language refers to types of disputes between Plaintiff and the Dealership which may be arbitrated by Plaintiff or the Dealers...

Excerpt: ...ing River, PAGA claims were not subject to arbitration under any circumstances. (See e.g. Iskanian v. CLS Transp. Los Angeles LLC (2014) 59 Cal.4th 348.) In Viking River, however, the Court held, contrary to Iskanian, that under the Federal Arbitration Act, 9 U.S.C., section 1 et seq. (FAA), a PAGA action is divisible into “individual” and “non‐individual” components. In the Viking River lexicon, an “individual” PAGA claim is one ba...

Excerpt: ...rms” of the sales agreement Plaintiffs executed with Metro Nissan which contain the arbitration provision. (In re Henson (9th Cir. 2017) 869 F. 3d 1052, 1060 [“We expressly rejected Toyota's argument that the plaintiffs' claims were necessarily based on the Purchase Agreements merely because the lawsuit was predicated on the bare fact that a vehicle purchase occurred.”], citing Kramer v. Toyota Motor Corp. (9th Cir. 2013) 705 F.3d 1122, 112...

Excerpt: ...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 completed and the stage of the proceedings, t...

Excerpt: .... CIVSB2217699, she asserts the same claim, but for penalties under the Labor Code Private Attorney General Act of 2004, Labor Code section 2698 et seq. (PAGA), for the time period June 16, 2021, to the present. Defendant demurs to both complaints. Because the issues are the same in both cases, the parties stipulated for a single opposition, reply, and hearing. Labor Code section 226, subdivision (a), lists nine items an employer must include in ...

Excerpt: ... be a proper document that the Court can take judicial notice of. However, the same document is attached as an Exhibit to the Cross Complaint so it may still be properly considered. 3. The Court takes judicial notice of Exhibit J. Defendants, Cross‐Complainants' Request for Judicial Notice: 1. The Court takes judicial notice of the existence, filing and legal effect of Exhibits A through D and F but not of the truth of matters asserted in these...

Excerpt: ...restraining order (TRO). On June 3, 2022, the Court granted, in part, Respondent's anti‐SLAPP motion. On June 7, 2022, the Court ordered the TRO dissolved. On July 14, 2022, Respondent filed a motion for attorney fees as prevailing party on his anti‐SLAPP motion. Petitioner did not file an opposition. On August 29, 2022, the Court denied the motion without prejudice, as the original motion failed to include a declaration from counsel establis...

Excerpt: ... claims were not subject to arbitration under any circumstances. (See e.g. Iskanian v. CLS Transp. Los Angeles LLC (2014) 59 Cal.4th 348.) In Viking River, however, the Court held, contrary to Iskanian, that under the Federal Arbitration Act, 9 U.S.C., section 1 et seq. (FAA), a PAGA action is divisible into “individual” and “non‐individual” components. In the Viking River lexicon, an “individual” PAGA claim is one based on Labor Co...

Excerpt: ...37.) 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 completed and the stage of the proceedin...

Excerpt: .... The First Amended Complaint added Plaintiff Enrique Ramirez and a PAGA cause of action by him. Subsequently, both Naudin's (and his individual and class claims) and Ramirez's (and his PAGA) claims were dismissed. Plaintiff Trumbo continued to pursue her wage‐and‐hour individual and class causes of action until her motion for class certification was denied. After that, she dismissed her individual claims. On October 10, 2019, Plaintiff Rober...

Excerpt: ... 130050.) As a public utility commission, SBCTA is authorized to exercise the power of eminent domain. (Cal. Const., art. 1, §19, subds. (a), (e)(2); Pub. Util. Code, §§130220.5, 130809, subd. (b)(4).) A public entity may not commence an eminent domain proceeding until its governing body has adopted a resolution of necessity. (Code Civ. Proc., §1245.220.) The “Resolution of Necessity” must contain a general statement of the public use for...

Excerpt: ...fair business practices under B&P 17200. On September 8, 2022, Plaintiffs filed a First Amended Complaint (FAC) adding a Private Attorneys General Act (PAGA) claim for penalties. In essence, Plaintiffs allege that they were employed by Defendants as non‐exempt, hourly employees in their foodservice supply chain workforce and that Defendants failed to accurate calculate meal‐and‐rest period premium pay. There were various other related cases...