Excerpt: ... 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 ...

Excerpt: ... ability to view documents containing information about plaintiffs which is protected under the CMIA. 2 Plaintiffs allege defendant failed to provide and maintain adequate safety measures to protect, secure, and safeguard the confidential information in violation of the CMIA. They seek compensatory damages, punitive damages, attorney fees, and costs. Defendant moves for summary adjudication of the first cause of action on the ground that the hack...

Excerpt: ...posing 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 agreement, such as testifying under penalty of perjury that the party never saw or does not remember seeing the agreement; and (3) the moving party must then establish with admissible evidence that a valid arbitration agreement between the parties. (Id. at pp. 165...

Excerpt: ...pel arbitration pursuant to Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906. 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, 3 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...

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, ...

Excerpt: ... about the father and, apparently, made unwarranted calls to the police about the father. The daughter had been cutting herself, and attributed the behavior to an attempt to relieve the pressure she was receiving from her mother. The reason for the cutting may be that simple, or it may be far more complicated, involving complex and overlapping psychological and sociological factors. No medical or psychiatric evidence was presented concerning the ...

Excerpt: ...e fine would have on petitioners; (3) the fine constitutes cruel and unusual punishment; (4) the evidence is insufficient to support the fine; and (5) petitioners are not the owners of property. Petitioners fail to demonstrate each ground. Conduct of the Proceedings in English Petitioners cite to no statute, regulation, or case law imposing a requirement that administrative proceedings be conducted in Spanish nor that a certified translator must ...

Excerpt: ...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 experie...

Excerpt: ...ure to Provide Meal Breaks; 3. Failure to Provide Rest Breaks; 4. Failure to Reimburse Expenses; 5. Failure to Pay Final Wages; 6. Failure to Provide Accurate Itemized Wage Statements; and 7. Unfair and Unlawful Competition.1 Plaintiffs move for class certification on all class claims except the claim for Failure to Reimburse Expenses. Plaintiffs propose the following class: All current and former non‐exempt employees employed by Defendants H&I...

Excerpt: ...ggrieved employees.” 1 Defendant filed an Answer on January 23, 2020, and the parties proceeded with litigation. On October 14, 2022, following the decision by the United States Supreme Court in Viking River Cruises v. Moriana (2022) 59 Cal.4th 348, Defendant filed a motion to compel arbitration. In Viking River, the Court held that the Federal Arbitration Act, 9 U.S.C. 1 et seq. (“FAA”), preempts the California Supreme Court's decision in ...

Excerpt: ... filed a motion to compel arbitration. In Viking River, the Court held that the Federal Arbitration Act, 9 U.S.C. 1 et seq. (“FAA”), preempts the California Supreme Court's decision in Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348, which had precluded bifurcation of PAGA claims into individual and non‐ individual components. Now, under Viking River, if the parties have entered into an enforceable arbitration agreemen...

Excerpt: ...ment. But Defendant has failed to demonstrate that the purported English translation of the document, which would otherwise demonstrate an agreement to arbitrate, is an accurate translation of the Spanish language document. Therefore, no agreement to arbitrate has been shown to exist. As for unconscionability, assuming arguendo that the purported English translation is an accurate translation of the document plaintiff signed, plaintiff fails to d...

Excerpt: ...following time line:  August 2019: Plaintiff's termination of employment. (SAC, ¶10.)  July 1, 2020: Plaintiff's notice to LWDA of claims against EmployBridge. (Plaintiff's attorney James R. Hawkins 7/18/22 Decl., ¶ 3.)2  July 2, 2020: Plaintiff's class action complaint against EmployBridge.  October 1, 2020: Plaintiff's First Amended Complaint, adding PAGA.  October 30, 2020: Plaintiff sent HiRel copy of her amended notice to th...

Excerpt: ...tration Act, 9 U.S.C., section 1 et seq. The issue is whether the agreement falls within the scope of Viking River. 3 Viking River confirms the primary holding of Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348, that “wholesale” waivers of the right to bring representative actions (which include PAGA actions) in court or in arbitration are unenforceable. This agreement provides contains such a “wholesale” waiver: To ...

Excerpt: ...ed 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 ...

Excerpt: ...leadings, with the exception of the purported first amended complaint in this case (because it is not on file). “Trial courts generally have the inherent power to stay proceedings in the interests of justice and to promote judicial efficiency.” (Freiberg v. City of Mission Viejo (1995) 33 Cal.App.4th 1484, 1489.) “[S]taying an action is an act of discretion which "may not be arbitrary; it must be exercised in conformity with the spirit of t...

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: ...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 have been notified of the settlement and given an opportunity to object. The Proposed Settlement The amount of the settlement ($100,000.00) for an estimated 65 aggrieved employees is appropriate given the strength of plaintiff's case and the risks of litigat...

Excerpt: ...th 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 have been notified of the settlement and given an opportunity to object. The Proposed Settlement The motion states that the net settlement (after the proposed deductions) is “no less than $72,400.00.” (Motion iii:6.) The arithmetic is wrong. The net (based on the proposed deduc...

Excerpt: ...g. Plaintiff was hired by Staffmark and was assigned to work at Ceva Logistics. Plaintiff alleges that she and other workers were subjected to various Labor Code violations. She asserts class and PAGA claims against both defendants. Staffmark and Ceva separately move to compel arbitration. Plaintiff does not oppose arbitration of her individual claims (including her individual PAGA claim pursuant to Viking River Cruises). The arbitration agreemen...

Excerpt: ...ctions and organ failure (¶12). Mabudian treated his patients, including Cody, with Intravenous Immunoglobulin Therapy (“IVIg”), which is costly. Because it is costly, Beaver attempted to have Mabudian discontinue its use through various policies. When Mabudian refused to stop IVIg, he was terminated (¶¶17‐25, 27‐28). Defendants informed Mabudian's patients, including Cody, that Mabudian was no longer employed at Beaver. They then prec...

Excerpt: ...iff's individual PAGA claim, this court can simply stay the nonindividual PAGA claims pending a decision in Adolph. If the California Supreme Court agrees with the United States Supreme Court's decision in Viking River Cruises that, under California law, the non‐individual PAGA claims should be dismissed, this court can do so at that time. If the California Supreme Court disagrees with the United States Supreme Court, this court can make such f...

Excerpt: ...08 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 completed and the s...

Excerpt: ...ses the motion to compel arbitration for both the class action and the PAGA action. Application of the Federal Arbitration Act The outcome of the motion hinges in part on whether the Federal Arbitration Act (FAA) governs. As explained below, it does not because the “transportation worker” exemption applies. In support of their motions, Defendants filed the declaration of MHX LLC's vice president, Alex Nicholas, who declares MHX Holdings, LLC ...

Excerpt: ...ufactures, and sells medical insulin‐based devices and products. As part of its business, it has access to customers' confidential protected health information (“PHI”) and personal identifiable information (“PII”). In March 2020, Tandem announced that between January 17 and 20, 2020, the PHI and PII of 140,781 customers, comprising the putative class, were subject to a phishing attack (¶¶1‐3, 10‐ 14, 39‐40, 43‐49, 55‐56, 76)...