Excerpt: ...al.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: ...f counsel disagree with this statement, please advise the court.) The petition, filed by defendant, is opposed by Martinez, primarily on the ground that defendant has a special demurrer pending in Tanner based on the doctrine of exclusive concurrent jurisdiction. If the demurrer is successful, Tanner will be abated pending resolution of Martinez, thereby obviating the need for coordination. The demurrer is scheduled for hearing on October 26, 202...

Excerpt: ...is 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 counsel, the presen...

Excerpt: ..., and seeks penalties for all the same labor Code violations alleged in this case. Therefore, this case is subsumed entirely by the claims asserted in the Rivera PAGA action. The Rivera PAGA action, however, has been stayed pending resolution of the Rivera class action, pending in District Court. The Rivera class action, while alleging the same Labor Code violations as this case, seeks damages on behalf of a putative class. There is no PAGA compo...

Excerpt: ...his 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 counsel, the prese...

Excerpt: ...ontinued to a later date. 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.) The court has “broad discretion in making this determination.” (In re Microsoft I‐V Cases (2006)...

Excerpt: ...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 counsel, the pres...

Excerpt: ...etion 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 c...

Excerpt: ...his 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 counsel, the prese...

Excerpt: ...rmination.” (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 counsel, the presence of a...

Excerpt: .... The state receives 75% of the net, or $107,093.10, and the aggrieved employees share in 25% of the net, or $35,697.70. With 517 aggrieved employees, the average receipt is $69.05. With 9,761 pay‐periods during the PAGA period, each aggrieved employee will receive $3.66 for each pay‐period worked. The motion, however, seeks reimbursement of $1,465.75 for “Cumulative Copies, Faxes, Scans, Telephone Charges, [and] Postage.” Faxes, scans, a...

Excerpt: ...king 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 counsel, the...

Excerpt: ...meet and confer, in person or by telephone, with counsel for the party who filed the pleading subject to the judgment on the pleadings motion “for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the motion for judgment on the pleadings.” (Id. § 439, subd. (a).) Defendant's motion does not include a declaration of counsel addressing the meet and confer requirement. Counsel must confirm at the...

Excerpt: ...ion 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 cou...

Excerpt: ...ions, number of class members, number of work weeks for the class, the number of aggrieved employees and pay‐ periods for the PAGA settlement, etc. There is no declaration of the representative attesting to her work and the value she brought to the litigation. Additionally, the motion itself appears to contain a major discrepancy in arithmetic. The net class settlement—assuming the accuracy and reasonableness of the deductions for the request...

Excerpt: ...ases (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 counsel, the presence of a governmental participant, and the rea...

Excerpt: ... 116, 126.) Factors the court must 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 counsel, the presence of a governmental participant, and the reaction of the class members to the p...

Excerpt: ...ded by two, with 50% ($405,730.84) payable to the Arnold class and 50% (also $405,730.84) payable to the El Nasleh class. (Counsel should confirm that the costs payable to the two law firms are added together and deducted from the gross, such that the two net settlement funds will be equal in amount.) 1 As discussed below, some of the costs sought may not be recoverable. If the court eliminates these costs from recovery, the net settlement amount...

Excerpt: ... paraphrase the statute but fail to allege sufficient facts to support a claim. (See Hawkins v. TACA Internat. Airlines, S.A. (2014) 223 Cal.App.4th 466, 478‐479; Rojas v. Brinderson Constructors, Inc. (C.D. Cal. 2008) 567 F.Supp.2d 1205, 1208–1209.) But the complaint does not plead a separate cause of action for violation of section 2810. Rather, it appears plaintiff relies on alternative theories of liability for the wage and hour violation...

Excerpt: ...e of the cost memorandum. The last day to file was December 13, 2022. Plaintiff attempted to file the motion on December 14, 2021, but the filing was not accepted due to various defects. Ultimately, the motion was not actually filed until January 12, 2022. But even if the court were to accept plaintiff's arguments and determine that the attempt to file on December 14 should be construed as an actual filing, it was still one day late. The motion i...

Excerpt: ...S260070622 First, defendant has failed to provide testimony from a qualified representative of defendant or other evidence to support defendant's trade secret/confidential information objection, nor has defendant provided testimony or other evidence demonstrating an inability to redact information sufficient to protect defendant's interests. Second, defendant has failed to produce evidence of inadequate security measures in plaintiff's counsels' ...

Excerpt: ...lained below, both petitions are denied. Section 303 of the County Charter governs the elections and terms of office of the County's elective officers, and provides in part: All elective County officers shall be elected at the general election at which the Governor is elected, and shall take office at noon on the first Monday after the first day of January next succeeding their election and shall hold office until their successors are elected or ...

Excerpt: ...e terms of the individual settlement and its basis, including the reasons for dismissal of the class claims, to assure that the State, Page 2 of 2 CVS260062922 the putative class members, and the other aggrieved employees are not being shortchanged. Many if not most PAGA settlements include a so‐called “incentive award” paid to the named representative to compensate that individual for the extraordinary effort involved in bringing the suit....

Excerpt: ...oard Resolution No. 20.21.17, “Resolution to Release and Reassign Certificated Administrative Employees Pursuant to Education Code 44951” (Exh. F); 6. District Board Minutes for March 23, 2021 meeting (Exh. G); 7. District Board Resolution No. 20.21.19, “Resolution to Release and Reassign Certificated Administrative Employees Pursuant to Education Code 44951” (Exh. H); and 8. District Board Minutes for May 11, 2021 meeting (Exh. I). Stric...

Excerpt: ... if so, on what grounds. Coordination requires a finding that the cases are complex. Some courts designate PAGA cases as complex and some do not. The latter choice, however, is based more on an administrative rule for judicial assignment to accommodate judicial case loads, as opposed to a case‐specific analysis of complexity. In any event, no authority is cited for the proposition that the designation on the civil cover sheet is controlling for...