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Location: San Bernardino x
Judge: Cohn, David S26 x
2023.08.18 Petition for Coordination 284
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.08.18
Excerpt: ...of the cases (Stapleton and Hogan). A motion to quash service of the summons and complaint is pending a third (Devalasco). A fourth (Alvarez) is in arbitration. The sixth and seventh (Hassan and Quedo) have pending motions to compel arbitration (with Quedo's scheduled for hearing the same date as this hearing).4 And in three more (Le and the two Mulcher cases), Madden has raised arbitration as an affrmatve defense. Notwithstanding these substanti...
2023.08.18 Motion to Dismiss 887
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.08.18
Excerpt: ...ted on injury, such that even settlement of a claim does not destroy standing. (See Kim v. Reins International California, Inc. (2020) 9 Cal.5th 73, 83-84.) Kim provded the underpinning for Adolph v. uber Technologies, Inc. (July 17, 2023, S274671) cal.5th [2023 WL 4553702, at p. *8], where the Supreme Court held that a trial court should stay, not dismiss, the non-individual PAGA claims when the individual PAGA claim proceeds to arbitration. The...
2023.08.18 Motion for Final Approval of Class Action Settlement 859
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.08.18
Excerpt: ...oad 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 and views o...
2023.08.17 Motion to Compel Arbitration, for Joinder 425
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.08.17
Excerpt: ...y, plaintiff's feeling of being rushed and not given sufficient 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 unenforceable because it identifies the parties "Employee"...
2023.08.17 Motion for Approval of PAGA Settlement 925
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.08.17
Excerpt: ...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." (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: $ 380,000.00 Attorney Fee: $ 126,667.00 costs: S 20,841.71 Administration Fee: $ 7,500.00 service Awards (2): $ 20,000.00 Net se...
2023.08.15 Motion to Intervene 715
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.08.15
Excerpt: ...e, which is included in coordinated proceedings in JCCP 5237. In that case, the Coordination Motion Judge in Sacramento Superior Court granted the petition for coordination, but the Chief Justice has not yet been appointed a Coordination Trial Judge. Those proceedings are stayed pending the appointment of a judge. If Chavez's claims in this case are identical or substantially overlap the claims asserted in his coordinated case, it appears that by...
2023.08.15 Motion to Compel Arbitration 776
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.08.15
Excerpt: ...a class action lawsuit in Los Angeles Superior Court. Though Cartwright sought penalties under PAGA, and Gonzales sought damages on of a putative class, the two cases overlapped substantially in terms of the Labor Code sections allegedly violated. On September 24, 2020, Jerome Pruett was added as an additional plaintiff in the Cartwright case. Defendants answered on October 30, 2020. On April 26, 2021, Gonzales was transferred to this court and a...
2023.08.15 Motion to Compel Arbitration 269
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.08.15
Excerpt: ...2) 142 S.Ct. 1906. Before Viking 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 ...
2023.08.15 Motion for Preliminary Approval of Class Action and PAGA Settlement 171
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.08.15
Excerpt: ...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 an...
2023.08.14 Motion for Preliminary Approval of Class Action and PAGA Settlement 798
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.08.14
Excerpt: ...ail, Inc. (21W8) 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,...
2023.08.11 Motion to Compel Arbitration, Compel Non-Binding Mediation, Strike Class Allegations, Dismiss or Stay Action
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.08.11
Excerpt: ... therefore ordered to the arbitrator to make those decisions. 2. The arbitrator, not the court, will decide whether the parties should be ordered to non-binding mediation pursuant to the agreement, which the arbitrator will determine is enforceable or unenforceable. 3. The parties agreed that the court, not the arbitrator, would decide the issue whether the class action waiver is enforceable. It is, and the class claims are therefore stricken. 4....
2023.08.10 Motion for Final Approval of Class Action and PAGA Settlement 393
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.08.10
Excerpt: ...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 trial, the amount offered in settlement, the extent of discovery completed and the stage of the pro...
2023.08.10 Motion to Compel Arbitration 247
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.08.10
Excerpt: ...nscionability has a procedural component and a substantive component. Both are required for the court to deny enforcement of the delegation clause. This delegation clause arguably has an element of procedural unconscionability because is not prominently displayed, but is found in the middle of a lengthy paragraph entitled "Applicable Law and Construction/waiver of Jury Trial" which addresses several different topics in addition to the delegation....
2023.08.09 Motion for Leave to File SAC 329
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.08.09
Excerpt: ...sic] amended complaint." The court views this directive more in the nature of case management, rather than a strict deadline for amendment. The May 31 minute order also reserved a hearing date for defendant's contemplated motion to compel arbitration, which the court scheduled for hearing on October 17, 2023. It appears that the reason for directing plaintiff to file a stipulation or motion within 30 days was to assure that the motion to compel a...
2023.08.07 Motion for Preliminary Approval of Class Action and PAGA Settlement 723
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.08.07
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...
2023.08.04 Motions to Set Aside Default, Dismiss Cross-Complaint 425
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.08.04
Excerpt: ...and Hashim. Choudhry. On October 27, 2017, default was entered against the two corporate defendants—H&lC Bros. Corp. and Choudhry Enterprises Inc. On January 30, 2018, all four defaults were set aside by stipulation and order. The parties' stipulation states that defendants had "served their Answer to the First Amended Complaint timely, however, [their] attempted filing... was rejected due to credit card information errors." (Stip. & Order at p...
2023.08.04 Motion for Preliminary Approval of Class Action Settlement 899
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.08.04
Excerpt: ...eles (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 and t...
2023.08.03 Motion for Summary Adjudication 853
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.08.03
Excerpt: ...tion") were "cancelled, retracted, withdrawn, or successfully challenged in an administrative or judicial proceeding" for purposes of Cal. Code Regs. ht. 22. S 66271.54. subd. (a)(2). 2. Whether DTSC breached the LA Action settlement agreement by: (a) Issuing inspection violation scores that included violation(s) encompassed by the LA Action settlement agreement: or (b) Including in Hazmat's 2019-2021 Facility VSP Scores the score(s) for any viol...
2023.08.03 Motion for Preliminary Approval of Class Action Settlement 117
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.08.03
Excerpt: ...f 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." (Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 125; 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.A...
2023.08.02 Motion to Quash Deposition Subpoena 633
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.08.02
Excerpt: ...to quash the subpoena. Initially, plaintiff argues that Hungrypanda, as a defendant in default, has no standing to bring this moton. aut plaintiff served the subpoena on Hungrypanda as a non-party. Hungrypanda has the same rights to challenge the subpoena as would any non-party. Hungrypanda raises two procedural challenges to the subpoena. First, Hungrypanda argues that plaintiff failed to provide notice to consumers pursuant to Code of Civil Pro...
2023.08.02 Motion for Preliminary Approval of Class Action and PAGA Settlement 246
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.08.02
Excerpt: ...amed as a Defendant in paragraph 1 of the Third Amended Class and Representative Action Complaint, it has not made a general appearance. The court presently has no personal jurisdiction over KTI. To approve the settlement (on a preliminary or final basis) with respect to KTI, KTI must make a general appearance and pay its initial filing fees. If KTI makes a general appearance before or at the hearing, the court can rule on the motion. Alternative...
2023.08.01 Motion for Final Approval of Class Action and PAGA Settlement 526
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.08.01
Excerpt: ...ullar 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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class ach...
2023.08.01 Demurrer, Motion to Strike 918
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.08.01
Excerpt: ...ers" under Labor Code section 1194, and cannot be held personally liable on that basis for an employee's unpaid wages. (Martinez v. Combs (2010) 49 Cal.4th 35, 66; Reynold v. Bement (2005) 36 Cal.4th 1075, 1087-88, overruled on other grounds in Martinez v. Combs, supra, 49 Cal.4th at pp. 62-64.)5 Nevertheless, Labor Code section 558.1, subdivisions (a)-(b), provides that an owner, director, officer, or managing agent of an employer who violates o...
2023.07.31 Motion for Preliminary Approval of Class Action and PAGA Settlement 705
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.07.31
Excerpt: ...egate number of pay-periods worked if that information is available at this time. Preliminary Approval of Class Action 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." (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.) T...
2023.07.27 Motion to Enforce Compliance with Settlement Agreement 738
Location: San Bernardino
Judge: Cohn, David S26
Hearing Date: 2023.07.27
Excerpt: ...ia at any time from December 16, 2016, through August 29, 2022, who did not sign an individual settlement and release. After issuance of settlement checks, approximately a dozen individuals contacted plaintiff's counsel indicating that they fell within the definition of the certified class, but had received no notice of the settlement and did not receive any funds from the distribution. Plaintiff moves for an order compelling defendant to comply ...

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