Excerpt: ... The request for judicial notice is granted except as noted below: Exb. 3. The Filamore‐Angel original complaint. Relevance. Exb. 9, 12. The LWDA notices. Relevance, as explained below. (If they were relevant, judicial notice would be limited to the dates of filing and the statements made for notice purposes, but not for the truth of those statements.) 1 Page 5 of the complaint is missing, though defendants reference allegations regarding the t...

Excerpt: ... With a class size of 33, each class member would have received, on average, $6,451.91. With a class size of 57, the average receipt is reduced to $3,735.31, a 42.1% reduction. The court is concerned about the fairness of the settlement for the class in light of the substantially lower payments. On the other hand, no class member has opted out or objected. Counsel should be prepared to address the overall fairness of the settlement. Especially in...

Excerpt: ...‐558.1), or any provision regulating hours and days of work within any order of the Industrial Welfare Commission (IWC). Similarly, section 1197.1, subdivision (a), provides for a civil penalty against any Page 3 of 4 CVS26112221 employer or “other person acting either individually or as an officer, agent, or employee of another person,” who pays or causes to be paid less than the minimum wages. The California Supreme Court has held that se...

Excerpt: ...nt practice association (“IPAs”) and medical groups are not intended to be in this lawsuit (“Excluded Claims”)[.] (June 1, 2020 Stipulated Order at p. 1:10‐ 12 [Blue Cross' RJN, Exh. A; Exh. D to Glarum Decl.; and Exh. E to Jazaeri Decl.].) A stipulation is binding between the parties thereto unless illegal or contrary to public policy. (Tanner v. Title Ins. & Trust. Co. (1942) 20 Cal.2d 814, 821; Hehr v. Swendseid (1966) 243 Cal.App. 1...

Excerpt: ... at least sixteen court days before the hearing). As for the claims of plaintiff Neri, the court imposed a deadline for defendant to file a responsive pleading of September 10. Plaintiff contends the motion to compel arbitration is untimely, because it was not filed by September 10. Plaintiff has confused the two deadlines. Defendant's responsive pleading to plaintiff Neri's claims was timely filed on September 10.1 The motion to compel arbitrati...

Excerpt: ...responsive statements. Defendant has failed to comply with its discovery obligations under the Code of Civil Procedure and this court's prior orders, by asserting frivolous objections, by providing responses that are ambiguous and not in compliance with the Code of Civil Procedure, by continuing to assert objections after the court overruled them, and by failing to timely produce all responsive documents in response to the court's orders. The ten...

Excerpt: ..., at least sixteen court days before the hearing). As to plaintiff Neri, the court ordered that a responsive pleading would be due no later than September 10, 2021. Defendants filed a demurrer and a motion to strike on September 14, 2021, four days after the deadline. Plaintiff, however, does not appear to object to the untimely filing of the demurrer and motion to strike and no prejudice is shown. The filings were compliant with the requirements...

Excerpt: ...d to propose a narrow sealing order. It may be that portions of Schedule A to Exhibit A and Exhibit C (e.g. dollar amounts) are appropriate to seal, with redacted versions filed publicly. Motion to Compel Arbitration of Individual Clams and Dismissal of Class Claims Plaintiff does not dispute that an arbitration agreement exists, nor does she contend that is substantively or procedurally unconscionable. Rather, she contends that the agreement is ...

Excerpt: ...s inappropriate, especially for a relatively small settlement such as this. Many courts do not award any “incentive” awards in “PAGA only” cases . This court views a maximum $5,000.00 award as appropriate. (Reducing the incentive award brings the penalty amount to $79,847.60.) 3. Counsel has provided only estimates for the number of aggrieved employees (109) and the total number of pay‐periods for all aggrieved employees collectively (1...

Excerpt: ...leads the following class: All current and former non‐exempt employees paid on a salaried basis and misclassified as “exempt” who worked for any of the Defendants within the State of California at any time during the period from March 13, 2015, to final judgment. Lollicup moves to deny class certification. Rules of Court, rule 3.767(a)(3), provides that in the conduct of a class action, the court may require the pleadings be amended to elim...

Excerpt: ...ois v. Goel (2005) 35 Cal.4th 1094, 1108: “We agree that it should not matter whether the ‘judge has an unprovoked flash of understanding in the middle of the night' [Citation] or acts in response to a party's Page 2 of 7 CVS26101921 suggestion. If a court believes one of its prior interim orders was erroneous, it should be able to correct that error no matter how it came to acquire that belief.…” (See also In re Marriage of Herr (2009) 1...

Excerpt: ...ggs, and (5) Charles Hohman (collectively cross‐defendants). The City also asks the court to deem the action moot because cross‐defendants are no longer in possession of the property where an unlicensed marijuana dispensary was operating, and the nuisance has therefore been abated. After extensive litigation, the court issued a preliminary injunction to prevent the operation of a marijuana dispensary on the property, which the Court of Appeal...

Excerpt: ...nses to most of the RFPs, RFAs, and Form Interrogatories. (Exh. 11 to Cabada's Decl.) As supplemental responses were served, this motion is moot as to (a) RFPs #20‐21, 23, Page 2 of 4 CVS26101421 42, 45, 47, 51, 74, and 77, (b) RFA #19, and (c) Form Interrogatories #200.6, 201.1, 201.4, 201.5, 201.6, 207.1, 214.1, 215.1, 216.1, and 217.1.1 The only requests remaining at issue are RFP #5 and # 38, RFA # 17, and Form Interrogatory # 214.2. RFP # ...

Excerpt: ...ness name for defendant. Plaintiff is mistaken. While the evidence is sparse, it is sufficient. Defendant's Human Resources (HR) manager, Esther Magallanes, submitted a declaration authenticating the arbitration agreement. (Magallanes declaration ¶ 14.)1 She declares that plaintiff “became employed by Office Star on December 9, 2016 to work as a Shipping Clerk for Office Star's Elm warehouse in Fontana.” Magallanes worked in the office that ...

Excerpt: ...'s Human Resources (HR) manager, Esther Magallanes, submitted a declaration authenticating the arbitration agreement. (Magallanes declaration ¶ 14.)3 She declares that plaintiff “became employed by Office Star on December 9, 2016 to work as a Shipping Clerk for Office Star's Elm warehouse in Fontana.” Magallanes worked in the office that day and was present during plaintiff's orientation. (Magallanes Decl. ¶¶ 7‐14.) Additionally, the pro...

Excerpt: ...rth; Amanda Hollingsworth; Brett Hollingsworth; HUC Corp.; Michael Robbins; Dieter & Irene Lange; Jacobs Landscape Services Inc. (JLC); Dale Jacobs; and Autumn Jacobs.1 Plaintiff asserts that several Defendants failed to respond to written discovery or served responses past the due date, and thereby waived objections. It argues that issues with discovery in which late responses or no responses were provided have no deadline to move to compel. As ...

Excerpt: ...er filed declaration, but includes two new declarations, a declaration of Kevin Mahoney and a Supplemental Declaration of Kevin Mahoney. The Supplemental Declaration addresses costs. It states that the costs “total seven thousand, one hundred eighty‐one dollars and seventy two dents ($2,440.21) [sic].” The verbal statement appears to be a typographical error; the figure as stated in Arabic numerals is correct. Nevertheless, the court will n...

Excerpt: ...ed by either a coordination motion judge or a coordination trial judge. If a stay has been imposed, this court cannot proceed further unless and until the stay is lifted. The motion for fees and costs. June 21, 2021, the court issued a written tentative ruling on plaintiff's motion for attorney fees and costs incurred in the arbitration proceeding that plaintiff alleges defendant abandoned. The court has not ruled on the motion, but continued the...

Excerpt: ... the fees or costs required to continue the arbitration proceeding are not paid within 30 days after the due date, the drafting party is in material breach of the arbitration agreement, is in default of the arbitration, and waives its right to compel the employee . . . to proceed with that arbitration as a result of the material breach. Page 6 of 9 (b) If the drafting party material breaches the arbitration agreement and is in default under subdi...

Excerpt: ...gn and return a copy of this letter to me soon as possible. Also attached is an employment agreement. Please sign and scan/e‐mail a copy to…” (Sporer Decl., Ex. 1, p. 2, underlining added.) Plaintiff signed the letter electronically below the statement: “I accept the position offered by the Andersen Logistics under the terms described in this letter.” Essentially, the parties' arguments boil down to the following. Defendant argues that ...

Excerpt: ...lt and time‐consuming for the court to analyze costs by failing to summarize the costs in a single location, but across four separate declarations. While lawyers from different law firms must individually document their costs, they should also be grouped together in a single location for the court's convenience. Page 3 of 4 CVS26073021 2. Confirmation that the administrator's fee is not to exceed $25,000.00. 3. Confirmation that employer‐side...

Excerpt: ... only that there 2,059 participating members, without separately listing the number of class members and the number of PAGA aggrieved employees. Class members whose employment terminated before commencement of the PAGA period do not participate in the PAGA settlement, and putative class members who opted out of the class settlement still participate in the PAGA settlement if their employment fell within that time period. The settlement administra...

Excerpt: ...s no jurisdiction to enforce any settlement among non‐parties. These entities, if they are included in the settlement, will need to be made parties and make general appearances (including payment of first appearance fees in the complex litigation department). The hearing can be continued to a later date to accomplish this. The motion is unclear as to the amount of fees and costs sought. Nevertheless, the settlement agreement clearly provides th...

Excerpt: ...efore unfairly prejudice the defendants with respect to the Page 2 of 2 CVS26073021 claims of other plaintiffs who do not claim corruption, although the City, as the moving party, is apparently unconcerned about that. Nevertheless, the differing motivations attributed to the City could be challenging for the trier of fact to parse. Some plaintiffs have demanded jury trials, while others have not. If the cases are tried together, with the jury sit...

Excerpt: ...igures may differ from the estimates if the court adjusts the amounts of other deductions from the gross settlement funds.) Counsel has provided an estimate for the Snow fund, although the figure seems too low. The court has not located estimates for the other two settlements. Page 2 of 2 CVS26073021 2. Counsel should provide the number of aggrieved employees for each settlement fund (insofar as the number differs from the number of class members...