Excerpt: ...endant now asks the court to enforce the “Class/Collective Action Waiver” contained within the DARP. The DARP was presented as a single agreement, signed only once, which included arbitration provisions and waivers of class and collective actions. The Page 2 of 2 CVS26091322 arbitrator found the agreement to be unenforceable. Nevertheless, section 3, regarding “Severability and Related Issues,” specifically provides that the court, not th...

Excerpt: ...ent by changing prior testimony on which the motion is based. “On summary judgment, a party cannot simply change its story, submitting a declaration that contradicts its prior discovery 1 Counsel failed to inform the court of the aggregate number of pay‐periods in the PAGA period, so the court is unable to calculate the amount each aggrieved employee will receive for each pay‐period worked during the PAGA period. This information must be pr...

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: ... “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: ...pp.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 ...

Excerpt: ...“broad discretion in making this determination.” (In re Microsoft I‐V Cases (2006) 135 Page 7 of 8 CVS26090622 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 proc...

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: ... 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, the ...

Excerpt: ...the San Bernardino City Unified School District until he was terminated on March 4, 2019, because he told a fifth‐ grade student, “If you were my child, I would have slapped or smacked you.” (Pet. ¶2.) During the administrative appeal hearing, Respondent stipulated to the fact that the child was joking when he reported that Petitioner “attempted” to slap him. (Pet. ¶5.) The administrative law judge (ALJ) hearing the administrative app...

Excerpt: ..., which contains ten subparts. Code of Civil Procedure section 2030.060, subdivision (f), explicitly forbids subparts. Defendant correctly raised the objection, and plaintiff did not address it in the moving papers. The motion is therefore denied. Document Requests Request No. 30 seeks all documents and communications that refer, relate to, or contain any customization requests or other design, material, component, or manufacturing specifications...

Excerpt: ... 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, the ...

Excerpt: .... (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 action status through trial...

Excerpt: ....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 o...

Excerpt: ...ot 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 actio...

Excerpt: ...ported agreements attached to the Gentry Declaration are incomplete, though this appears to be an oversight and plaintiffs have provided complete versions to the court. Notwithstanding these defects in the moving papers, the moving party can meet its “initial burden to show an agreement to arbitrate by attaching a copy of the arbitration Page 2 of 9 CVS26082522 agreement purportedly bearing the opposing party's signature.” (Espejo v. Southern...

Excerpt: ... director, agent, or employee” of defendant Vitco who “caused” the alleged violations of the Labor Code. Defendants do not dispute that if sufficiently alleged, Plaintiff may recover civil penalties against Vitakis under Labor Code sections 558 and 1197.1, as part of his PAGA claim.1 Labor Code section 558, subdivision (a), imposes civil penalties upon “[a]ny employer or other person acting on behalf of an employer who violates, or causes...

Excerpt: ... 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 and the...

Excerpt: ...lugged in a bathroom wall at Los Osos High School. The camera recorded images of the locker room and pool area. Plaintiff was a female student during the Page 3 of 11 CVS26082322 period the camera was believed to be in place. She frequently used the locker room near the swimming pool to change her clothes. She brings the class action on behalf of herself and other female students who attended Los Osos High School between January 1, 2015 and Augus...

Excerpt: ...d Karon LLC as Interim Lead Counsel This motion seeks an order that is meaningless within the procedural posture of this case. There is only one named plaintiff and only one law firm representing that plaintiff. 1 Presumably, the motion is filed prophylactically, in anticipation that other lawyers will seek to represent the class in this case. But at present, there are no other lawyers. There is a related case with different lawyers (see No. 12 o...

Excerpt: ... in the lawsuit expands the group of aggrieved employees substantially, and likewise expands the scope of discovery. Defendants therefore move to bifurcate discovery, requiring plaintiff to prove that he is an “aggrieved employee” of each defendant before proceeding with discovery directed to that entity. Sequencing discovery is permissible under Code of Civil Procedure section 2019.020, subdivision (b). The motion, however, runs counter to W...

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: ...ons were unenforceable. (See Viking River Cruises, Inc. v. Moriana (2022) 596 U.S. __ [142 S.Ct. 1906, 213 L.Ed.2d 179].) Now, if the Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs, such agreements are enforceable, unless, of course, they are unenforceable on a different ground, such as unconscionability. Plaintiff's opposition to the motion, however, was submitted before publication of Viking River Cruises, and therefore relies primaril...

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, t...

Excerpt: ...022, Defendant filed this Motion to Set Aside Default. A motion to set aside a default may be brought pursuant to either Code of Civil Procedure section 473, subdivision (b), or section 473.5. A court has broad discretion to vacate a default or default judgment. This discretion, however, can only be exercised if the moving party establishes a proper ground for relief, by proper procedure and within the appropriate periods. (Cruz v. Fagor America,...

Excerpt: ...nited 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 exte...