Excerpt: ...hould be remanded to the Contra Costa County Superior Court. I Application of the Federal Arbitration Act The parties appear to assume the Federal Arbitration Act (FAA) applies. Although no evidence is presented to demonstrate application of the FAA, plaintiffs do not dispute it, presumably due to the well‐known nature of Lowe's expansive business and retail operations which would necessarily involve interstate commerce. The court assumes the F...

Excerpt: ...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 stag...

Excerpt: ...he 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, th...

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 experi...

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: ... PAGA claims should be dismissed or stayed pending completion of the arbitration. Defendant asserts that it did not waive the right to compel arbitration because a motion to compel arbitration would have been futile under Iskanian v. CLS Transportation Los Angeles LLC (2014) 59 Cal.4th 348, which was controlling law until the United States Supreme Court's recent decision in Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906. Therefore, i...

Excerpt: ...res are by plaintiff and an “Authorized Company Representative” for Knolls West Post Acute. The problem is that Knolls West Post Acute is not mentioned anywhere in the body of the agreement, and the primary contracting party, Spring Valley Post Acute, did not sign it. The purported agreement also appears to be cobbled together, perhaps for purposes of this motion. As presented, it is five pages longs. The first, third, and fifth pages do not ...

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 action status through trial, the amount offered in settlement, the extent of discovery completed a...

Excerpt: ...s “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 experienc...

Excerpt: ...Arbitration Act. (Gillespie Decl. Exhs. D & H – Arbitration Agreements ¶ 3.) The only issue before the court is the application of Viking Rivers Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906, to the arbitration agreements and whether it supports the relief requested. The relevant portions of the Arbitration Agreements provide: 12. Representative Action Waiver. Employee further agrees that Employee is waiving the right to bring, or to particip...

Excerpt: ...d National Union's Complaint Plaintiff National Union Fire Insurance Company of Pittsburgh, PA (National Union)1 filed this action against Defendants Prime Healthcare Services, Inc. (PHS); Prime Healthcare Foundation, Inc. (PHF); Prime Healthcare Management, Inc. (PHM); Desert Valley Hospital, Inc. (Desert Valley); High Desert Heart Vascular Institute (High Desert); and Dr. Prem Reddy, M.D., FACC (Reddy).2 The first amended complaint (FAC) allege...

Excerpt: ...cretion 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: ...tment, Department S‐26. On June 17, 2022, the court denied defendants' motion to compel arbitration. The court ordered defendants to file a responsive pleading and lifted the stay on discovery. Defendants, however, appealed the denial of the motion to compel arbitration. It would appear that discovery was stayed pending the appeal, but the Court of Appeal issued a Notice of Default on Appeal on September 22, 2022, indicating that the appeal wou...

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 action status through trial, the amount offered in settlement, the extent of discovery completed an...

Excerpt: ...ny other applicable [but unspecified] privilege. Many of these objections (e.g., vague and ambiguous) go to the form of the request and, as such, are improper because they are designed to protect a witness during oral examination, not when “the answer is to be made in writing, after due time for deliberation and consultation with counsel” since any such “answer may be framed [to] avoid the pitfalls, if any, inherent in the form of the quest...

Excerpt: ... or future, we will use binding arbitration as the exclusive forum for the resolution of such disputes and I join with the Employer in agreeing that federal law will control. I further agree that Employer and I hereby join in waiving both (i) any and all right to initiate or participate in any form of class action or other collective or representative proceeding (“Class Action Waiver”) for the resolution of any Employment‐related Dispute, a...

Excerpt: ...l.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 stage ...

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 Page 2 of 8 CVS26100422 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: ... of aggrieved employees or the aggregate number of pay‐periods during the PAGA period. 2 Subject to possible adjustment of costs. See fn. 4 infra. Page 5 of 8 CVS26100422 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' cas...

Excerpt: ...equate representation for the class; and that common questions of law or fact predominate over individual issues. (Brinker Restaurant Corp. v. Superior Court (Hohnbaum) (2012) 53 Cal.4th 1004, 1021‐1022.) Both counsel have addressed these issues in detail. But counsel have failed to address whether the case, if certified, is manageable. In Duran v. U.S. Bank National Assn. (2014) 59 Cal.4th 1, 28, 29, the 3 Although the fee is 35% of the gross ...

Excerpt: ...f action (for declaratory and injunctive relief) is barred by the four year statute of limitations. (Code Civ. Proc., § 337(1).) Defendant argues that the cause of action accrued when plaintiff made the last payment, on October 6, 2016, but the lawsuit was not filed until December 14, 2021, more than four years later. If this were a debt collection action filed by defendant, the action would likely be barred under Code of Civil Procedure section...

Excerpt: ... statement of the court's tentative ruling. The court may adopt, modify or reject the tentative rulingafter considering the parties' oral arguments. The tentative ruling will have no legal effect unless adopted by the court. No notice of intent to appear is required. If you wish to submit on the tentative decision, you may send a telefaxtoJudge Borrell's secretary, Tammy Brantner, at 805‐477‐5894, stating that you submit on the tentative. A c...

Excerpt: ...t, 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.) 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 plai...

Excerpt: ... the petition is moot because the City has subsequently responded to the request in full. The Response Deadline Government Code section 6250 provides that the Legislature, mindful of the right of individuals, “finds and declares that access to information concerning the conduct of the people's business is a fundamental and necessary right of every person in this state.” To implement this right, the California Public Records Act (CPRA) provide...

Excerpt: ...he 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, th...