Excerpt: ...ourt 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 ex...

Excerpt: ...ntiff's ‘claim' for unjust enrichment as a claim for relief. See, e.g., Ghirardo v. Antonioli, 14 Cal.4th 39, 50 (1996) (recognizing that a plaintiff may advance a stand‐alone claim for unjust enrichment, particularly where he or she seeks restitution and other remedies are inadequate). These courts focus on whether the facts demonstrate a defendant's unjust receipt of some benefit. Other courts cast unjust enrichment as an effect: it is simp...

Excerpt: ... through their legally mandated breaks. (¶¶ 9‐11.) On or about March 18, 2020, Castellon was told he was the subject of a two‐week investigation, led by Fuentes, because Castellon had allegedly allowed his dockworkers to work through their lunch breaks. (¶ 12.) There is no allegation in the Complaint that, during this March 18, 2020 meeting, Castellon explained to Leal that he and his dockworkers were forced to work through their breaks by...

Excerpt: ...is a cause of action. A district court has succinctly summarized the conflict as follows: Some courts have read a plaintiff's ‘claim' for unjust enrichment as a claim for relief. See, e.g., Ghirardo v. Antonioli, 14 Cal.4th 39, 50 (1996) (recognizing that a plaintiff may advance a stand‐alone claim for unjust enrichment, particularly where he or she seeks restitution and other remedies are inadequate). These courts focus on whether the facts ...

Excerpt: ... when the parties are numerous, and it is impracticable to bring them all before the court . . . .” [Citations omitted.] Drawing on the language of Code of Civil Procedure section 382 and federal precedent, we have articulated clear requirements for the certification of a class. The party advocating class treatment must demonstrate the existence of an ascertainable and sufficiently numerous class, a well‐defined community of interest, and sub...

Excerpt: ... to the Motion to Compel Arbitration 1. Prime Healthcare Anaheim, LLC's Motion to Compel Arbitration of Plaintiff's nonrepresentative PAGA claims is GRANTED 1 Counsel must provide a full lodestar analysis in the motion for final approval. 2 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 $0.06 per page. 2. Plaintiff's ...

Excerpt: ...6. Before Viking River, PAGA claims were not subject to arbitration under any circumstances. In Viking River, however, the Court held, contrary to prior California precedent,5 that under the Federal Arbitration Act, 9 U.S.C., section 1 et seq. (FAA), a PAGA action is divisible into “individual” and “nonindividual” components. In the Viking River lexicon, an “individual” PAGA claim is one based on Labor Code violations allegedly suffer...

Excerpt: ....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 litigation, the risk of maintaining class action status through trial, the amount...

Excerpt: ...p.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 completed and the stage of t...

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: ...he operative first amended complaint (FAC) alleges causes of action for (1) racial discrimination in violation of the California Fair Employment and Housing Act (FEHA); (2) racial harassment resulting in hostile work environment in violation of FEHA; (3) failure to investigate and/or prevent discrimination, harassment, and retaliation in violation of FEHA; (4) intentional infliction of emotional distress (IIED); (5) violation of the Unfair Compet...

Excerpt: ...re to reimburse; (7) failure to provide itemized wage statements; (8) failure to timely pay; and (9) civil penalties pursuant to the Private Attorneys General Act (PAGA). In essence, Plaintiff alleges that she was employed by Defendant as an hourly, non‐exempt employee from approximately 2002 to May of 2020. She is joined by a class of approximately 115 current and former hourly, non‐exempt workers who worked from January 22, 2017, through De...

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

Excerpt: ... “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 experience...

Excerpt: ...tion is denied. Certification is not appropriate because (a) Plaintiffs fail to present any facts or evidence that Zhigang, Guduan, Haixia, Zhao, and Liu can be shown to have personally engaged in any of the alleged wage‐and‐ hour violations; (b) Plaintiffs fail to establish the proposed class suffered similar wage‐andhour violations, i.e., typicality2 is lacking; (c) Plaintiffs fail to establish that proving their wage‐and‐hour claims ...

Excerpt: ...the first cause of action for harassment under FEHA, with 15 days leave. a. There are no facts showing severe and pervasive conduct. (Lyle v. Warner Brothers Television Productions (2006) 38 Cal.4th 264, 283‐ 284 [indicating that to be actionable the harassment must arise to that level].) (3) Overrule the demurrer to the second cause of action for retaliation. a. It is not dispositive that there was no harassment since the plaintiff need only r...

Excerpt: ...pose or address this issue in their opposition and the Court determines that the Order sustaining the demurrer for failure of the facts alleged is considered a judgment on the merits. (See Kanarek v. Bugliosi (1980) 108 Cal.App.3d 327, 333‐334. Furthermore, "the same facts are pleaded in the second action [citation], [and] …, the new complaint contains the same defects as the former." (Id at 334.) 2. Eighth Cause of Action for Wrongful Forecl...

Excerpt: ...excuses further performance by the innocent party.” (De Burgh v. DeBurgh (1952) 39 Cal.2d 858, 863.) However, “[a] contract is totally breached and an anticipatory repudiation occurs when the promisor without justification and before he has committed a breach, makes a positive statement to the promisee indicating that he will not or cannot substantially perform his contractual duties.” (Gold Mining & Water Co. v. Swinerton (1943) 23 Cal.2d ...

Excerpt: ...een corrected. Plaintiffs' allegations appear largely, if not entirely, identical to those previously pleaded in their First Amended Complaint (FAC). For the same reason they failed before, they still fail. Plaintiffs have not alleged facts to support a misrepresentation cause of action against Defendants. 2 Most of Plaintiffs' allegations involve suggestions of fraud, rather than factual allegations of fraud, against Defendants. For example, in ...

Excerpt: ...e judicial notice of two published California appellate opinions. Because the opinions are authority, not evidence, judicial notice is unnecessary. Demurrer: The demurrer is sustained, without leave to amend. The action is barred by the statute of limitations. The general limitation period for an action against a notary in his official capacity is three years. If the action is based on notarial malfeasance, as is the case here, the action must be...

Excerpt: ... Court to consolidate the UD action or stay enforcement of a judgment from another court that is on appeal. While technically, for purposes of consolidation, the other action still is pending (Code Civ. Proc., § 1049), what exactly the Court would be consolidating is unclear. Motion to Stay Unlawful Detainer Judgment: The motion is denied, without prejudice. Generally the UD judgment is binding upon this Court unless the judgment is properly ove...

Excerpt: ... pay minimum wages; (3) failure to pay overtime wages; (6) waiting time penalties; (7) failure to maintain adequate records; (8) failure to reimburse; (9) unlawful deductions; (10) failure to provide wage statements; (11) violation of the Unfair Competition Law (UCL); (13) intentional misclassification; and (14) penalties under the Private Attorney General Act (PAGA). Defendants answered. HDL (and RH by joinder) moved for summary adjudication of ...

Excerpt: ...vide a particular education service, contractual principles apply. (Id. at p. 826; Abuelhawa v. Santa Clara Univ. (N.D.Cal. 2021) 529 F.Supp.3d 1059, 1065.) General promises or expectations, however, are insufficient to support contractual obligations. (Kashmiri at p. 826; Abuelawa at p. 1065.) Not all statements in a school's publication will give rise to contractual obligations. (Kashmiri at p. 829.) The promises identified in this case relate ...

Excerpt: ...f of service of the motion on file. But ultimately Respondent waived the lack of service by filing a substantive opposition. Arambula v. Union Carbide Corp. (2005) 128 Cal.App.4th 333, 342‐43; Carlton v. Quint (2000) 77 Cal.App.4th 690, 697 [“It is well settled that the appearance of a party at the hearing of a motion and his or her opposition to the motion on its merits is a waiver of any defects or irregularities in the notice of motion.”...

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