Excerpt: ...hers 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 riskof maintaining class action status through trial, the amount offered in settlement, the extent of discovery com...

Excerpt: ...eles (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 achon status through trial, the amount offered in settlement, the extent of discovery completed and t...

Excerpt: ...d 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 of discov...

Excerpt: ...enforcement of state labor laws." (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 77.) The court must also find that the plaintiff "has adequately represented the state's interests, and hence the public interest." (ld. at p. 89.) The LWDA must have been notified of the settlement and given an opportunity to object. The Proposed Settlement Gross Settlement Amount: $ 142,032.00 Attorney Fee: $ 47,344.00 Costs: $ 2,448.19 Administration Fee: S ...

Excerpt: ...eed 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 riskof maintaining class action status through trial, the amount offered in settlement, the exten...

Excerpt: ...tail, 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 achon status through trial...

Excerpt: ... Co. and Robar Enterprises, Inc.: 1. Failure to Pay Overtime Wages 2. Failure to Pay Minimum Wages 3. Failure to Provide Meal Periods or Compensation in Lieu Thereof 4. Failure to Provide Rest Periods or Compensation in Lieu Thereof 5. Waiting Time Penalties 6. Wage Statement Violations 7. Violation of S 2802 8. Violation of Business and Professions Ctxle S 17200 et seq. 9. Civil Penalties under Labor Cade S 226.3 10.Civil Penalties Under Labor C...

Excerpt: ...ers 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 of discovery com...

Excerpt: ..." of defendant's website. (Italics added.) "Everyone" would include plaintiff. The thirdparty who allegedly intercepts the communications with defendant's knowledge and cooperation is identified as Ada, Inc. (FAC '1 10.) Plaintiff also alleges that he was not advised that his communications were being monitored, intercepted, or record and that defendant was allowing an aiding the interception of the conversation. (FAC 4, 19, 21, 22.) Plaintiff do...

Excerpt: ...(See Fenton v. Groveland Comm. Services Dist. (1982) 135 Cal.App.3d 797, 809, disapproved on other grounds in Katzberg v. Regents of Univ. of Calif. (21N2) 29 Cal.4th 3W, 328, fn. 30.) Furthermore, a demurrer for uncertainty is sustained only where the complaint is unfairly vague or so ambiguous or unintelligible that the defendant cannot reasonably respond, i.e„ determine the issues to be admitted or denied. (Khoury v. Maly's of Calif. , Inc. ...

Excerpt: ...s 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 achon status through trial, the amount offered in settlement, the extent of discovery completed ...

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 achon status through trial, the amount offered in settlement, the extent of discovery completed and the sta...

Excerpt: ...ers 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 achon status through trial, the amount offered in settlement, the extent of discovery comp...

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 achon status through trial, the amount offered in settlement, the extent of discovery completed and the st...

Excerpt: ...os 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 achon status through trial, the amount offered in settlement, the extent of discovery completed...

Excerpt: ...ited 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 riskof maintaining class action status through trial, the amount offered in settlement, the extent of disc...

Excerpt: ...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 achon status through trial, the amount offered in settlement, the extent of discovery completed an...

Excerpt: ...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, the amount offered in settlement, the extent o...

Excerpt: ...onsider and rule on those issues. After remand, this court asked the parties for supplemental briefing on two additional issues: (1) Whether a delegation clause in the arbitration agreement required the arbitrator, rather than the court, to decide the issues or unconscionability and waiver; and (2) how the United States Supreme Court's decision in Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906 impacts the motion. The Delegation Claus...

Excerpt: ... if the gross) Applying the deductions in these "not to exceed" amounts results in an estimated net class settlement of $163,100.00. With an estimated 138 class members, the class members will receive, on average, $1,181.88. The proposed deductions (attorney fee,2 costs,3 administration fee, incentive award, and PAGA allocation) are preliminarily approved in the listed "not to exceed' amounts. The 35% attorney fee, however, may be excessive, but ...

Excerpt: ...ad 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 and views of...

Excerpt: ...ing a copy of the order. Second Amended Complaint: The pleading was not filed as ordered in the approved stipulation. It appears, however, that the copy of the order mailed to counsel erroneously did not include the court's interlineation requiring that the second amended complaint be filed. In any event, counsel may submit it for filing immediately. The court can order the Pereabras case, CIVS82208345, dismissed, effective upon filing of the sec...

Excerpt: ...ount: $11,356.00 Counsel must conÞrm the es
Ÿmated number of class members. The mo
Ÿon at p. 1:8 says 26; the mo
Ÿon at p. 2:9 says 36. If the number is 26, the es
Ÿmated average receipt by class members is $436.77; if it is 36, the es
Ÿmated average is $315.44. There are an es
Ÿmated 1,365 work-weeks during the class period, so each class member will receive an es
Ÿmated $8.32 for each week worked during the class period. The LWDA will r...

Excerpt: ...l's exposure analysis. Attorney Fees: Plaintiff seeks $110,000.00 for attorney fees, which is 40% of the gross. The requested fee is excessive given the nature of the claims, the extent of litigation, and the amount of the settlement. The court will award one-third of the gross, or $91,666.67. While counsel's lodestar analysis notes fees in excess of this amount, the hourly rates applied are too high. Costs: Plaintiff seeks reimbursement of $12,9...

Excerpt: ...ere were two opt-outs from a group of 1,636 potential class members for the California and Washington classes, for 1,634 class members. There were no objections to the settlement. The potential number of participants for the collective action totals 5,498. As of the date the administrator's declaration was signed, there were 761 consents to join the collective action. If the of participants in the FLSA settlement has increased from 761, counsel m...