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...

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...

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...

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"...

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...

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...

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...

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 ...

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...

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,...

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....

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...

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....

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

Excerpt: ...hers 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 extent of discovery com...

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 ...

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...

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: ...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: ...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: ...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: ..." 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: ...(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: ...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: ...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 the sta...

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...

Excerpt: ...(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 the st...

Excerpt: ...os 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: ...ited 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 extent of disc...

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...

Excerpt: ...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 action status through trial, the amount offered in settlement, the extent o...

Excerpt: ...onsider and rule on those issues. After remand, this court asked the parties for supplemental briefing on two additional issues: (1) Whether a delegation clause in the arbitration agreement required the arbitrator, rather than the court, to decide the issues or unconscionability and waiver; and (2) how the United States Supreme Court's decision in Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906 impacts the motion. The Delegation Claus...

Excerpt: ... if the gross) Applying the deductions in these "not to exceed" amounts results in an estimated net class settlement of $163,100.00. With an estimated 138 class members, the class members will receive, on average, $1,181.88. The proposed deductions (attorney fee,2 costs,3 administration fee, incentive award, and PAGA allocation) are preliminarily approved in the listed "not to exceed' amounts. The 35% attorney fee, however, may be excessive, but ...

Excerpt: ...ad 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 of...

Excerpt: ...ing a copy of the order. Second Amended Complaint: The pleading was not filed as ordered in the approved stipulation. It appears, however, that the copy of the order mailed to counsel erroneously did not include the court's interlineation requiring that the second amended complaint be filed. In any event, counsel may submit it for filing immediately. The court can order the Pereabras case, CIVS82208345, dismissed, effective upon filing of the sec...

Excerpt: ...ount: $11,356.00 Counsel must conÞrm the es
Ÿmated number of class members. The mo
Ÿon at p. 1:8 says 26; the mo
Ÿon at p. 2:9 says 36. If the number is 26, the es
Ÿmated average receipt by class members is $436.77; if it is 36, the es
Ÿmated average is $315.44. There are an es
Ÿmated 1,365 work-weeks during the class period, so each class member will receive an es
Ÿmated $8.32 for each week worked during the class period. The LWDA will r...

Excerpt: ...l's exposure analysis. Attorney Fees: Plaintiff seeks $110,000.00 for attorney fees, which is 40% of the gross. The requested fee is excessive given the nature of the claims, the extent of litigation, and the amount of the settlement. The court will award one-third of the gross, or $91,666.67. While counsel's lodestar analysis notes fees in excess of this amount, the hourly rates applied are too high. Costs: Plaintiff seeks reimbursement of $12,9...

Excerpt: ...ere were two opt-outs from a group of 1,636 potential class members for the California and Washington classes, for 1,634 class members. There were no objections to the settlement. The potential number of participants for the collective action totals 5,498. As of the date the administrator's declaration was signed, there were 761 consents to join the collective action. If the of participants in the FLSA settlement has increased from 761, counsel m...