Excerpt: ...y's testimony that: 1. He was required to undergo a mult-layer security protocol before entering the facility. (Additional Fact 31). 2. He had to wait in line to retrieve his physical time sheet before clocking in. (Additional Fact 34).3. A third shift lead instructed him to clean the work site after clocking out. (Additonal Fact 36). Summary adjudication is denied. Carrol: Triable issues of fact are raised by Carrol's testimony that: 1. His supe...

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 risk of maintaining class achon status through trial, the amount offered in settlement, the extent of discovery com...

Excerpt: ...e. While the fact that a document was filed can be judicially noticed, the truth of matters listed in the filing cannot be. (Arce v. Kaiser Foundation Health Plan, Inc. (2010) 181 Cal. App. 4th 471, 482 ["While we may take judicial notice of official acts of state agencies, the truth of matters asserted in such documents is not subject to judicial notice."].) Therefore, judicial notice is denied insofar as only the content of the notices would be...

Excerpt: ...142 S.Ct. 1905. Before Viking River, PAGA claims were not subject to arbitration under any circumstances. (See e.g. Iskanian v. CLS Transp. Los Angeles LLC (2014) 59 Cal.4th 348.) In Viking River, however, the Court held, contrary to Iskanian, that under the Federal Arbitration Act, 9 U.S.C., section 1 et seq. (FAA), a PAGA action is divisible into "individual" and "non-individual" components. In the Viking River lexicon, an "individual" PAGA cla...

Excerpt: ...enforcement of state labor laws." (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 77.) The court must find that the plaintiff "has adequately represented the state's interests, and hence the public interest." (ld. at p. 89.) The LWDA must be notified of the settlement and given an opportunity to object. (Lab. Code S ["The proposed settlement shall be submitted to the agency at the same time that it is submitted to the court." I Upon approval...

Excerpt: ... court. Defendant misconstrues the issue as whether the arbitration should proceed on a class basis. If this lawsuit were pled as a class action, and if plaintiffs were seeking arbitration on a class basis, defendant would be correct, that under the Federal Arbitration Act (FAA)—which the parties agree governs—the question would need to be "clearly and unmistakably" delegated to the arbitrator to decide. But this matter is nota class action a...

Excerpt: ...ee request of $83,550 is reduced to $76,410. The court previously awarded plaintiff $437,604 in fees and $46,431.62 in pre-appeal costs as the prevailing party under the contract. Through the current motion, plaintiff seeks an additional $83,550 in fees and $6,239.01 in costs. The motion is supported by declarations from attorneys Price Kent, Mark Padilla, Rebecca Lack, and Michael York; the respondent's brief on appeal; and billing records. Kent...

Excerpt: ...le 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, 125; 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 705, 723.) Relevant factors the court may consider include "the strength of plaintiffs' case, the...

Excerpt: ...1 2.) Defendant mailed payment to JAMS on December 21, 2023. (ld. at '1 3.) Also on December 23, 2022, plaintiff filed this motion to vacate the order compelling arbitration under Code of Civil Procedure section 1297, subdivision (a), on the ground that defendant was in material breach of the arbitration agreement and has waived its right to arbitrate by failing to pay its share of the arbitration filing fees within thirty days as required by the...

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 s...

Excerpt: ... 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 comple...

Excerpt: ...rbitration pursuant to Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906. Before Viking River, PAGA claims were not subject to arbitration under any circumstances. (See e.g. Iskanian v. CLS Transp. Los Angeles LLC (2014) 59 Cal.4th 348.) In Viking River, however, the Court held, contrary to Iskanian, that under the Federal Arbitration Act, 9 U.S.C., section 1 et seq. (FAA), a PAGA action is divisible into "individual" and "non-individua...

Excerpt: ...nd summary adjudication are functionally identical. The motions are prem-sed on plaintiff's last date of employment being March 21, 2020, which plaintiff acknowledges. (SS, fact 3.) The lawsuit was filed September 20, 2021, 548 days later. Due to the pandemic, however, statutes of limitation were tolled from April 6, 2020, until October 1, 2020, for a total of 179 days. Therefore, plaintiff had 544 days to file his lawsuit from the date his cause...

Excerpt: ...bitration pursuant to Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906. Before Viking River, PAGA claims were not subject to arbitration under any circumstances. (See e.g. Iskanian v. CLS Transp. Los Angeles LLC (2014) 59 Cal.4th 348.) In Viking River, however, the Court held, contrary to Iskanian, that under the Federal Arbitration Act, 9 U.S.C., section 1 et seq. (FAA), a PAGA action is divisible into "individual" and "non-individual...

Excerpt: ...s 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 comple...

Excerpt: ...t 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 achon status th...

Excerpt: ...ker Retail, Inc. (21W8) 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...

Excerpt: ...achers 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 c...

Excerpt: ...iver, PAGA claims were not subject to arbitration under any circumstances. (See e.g. Iskanian v. CLS Transp. Los Angeles LLC (2014) 59 Cal.4th 348.) In Viking River, however, the Court held, contrary to Iskanian, that under the Federal Arbitration Act, 9 U.S.C., section 1 et seq. (FAA), a PAGA action is divisible into "individual" and "non- individual" components. In the Viking River lexicon, an "individual" PAGA claim is one based on Labor Code ...

Excerpt: ...de within ten days after service of the notice of entry of the order or ruling; (2) based on new or different facts, circumstances or law; and (3) accompanied by a declaration stating what previous "application" was made, the ruling thereon, and what new or different facts, circumstances or law are claimed to exist. (Code Civ. Proc., S 1008, subd. The burden under secton 1008 "is comparable to that of a party seeking a new trial on the ground of ...

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: ...emediate present labor law violations, deter future ones, and to maximize enforcement of state labor laws." (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 55, 77.) The court must 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 court lacks sufficient information to make these findin...

Excerpt: ...s (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 ...

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

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

Excerpt: ...forth below, the court grants the moton. Preliminary Approval of Class Action Settlements 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 ...

Excerpt: ...08 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 stage of t...

Excerpt: ...-only classes. Defendants demur on three grounds: First, defendants contend the class representative, Chris Fairless, lacks standng because he does not alleged that he attempted to join the class but was excluded. Second, defendants contend a class cannot be certified because the allegations demonstrate that questions of fact predominate. Third, defendants contend that as a matter of law, providing a women-only gun class does not violate the stat...

Excerpt: ...2) 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 stage ...

Excerpt: ...eachers 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...

Excerpt: ...ass counsel are well- qualified to represent the class. The representatives are also qualified to represent the class, with the exception of plaintiff Ramos, who has not submitted a declaration. The settlement was reached through arms-length negotiations with the assistance of a mediator. The division between the class action and the FLSA collective achon is reasonable and appropriate. The deductions from the gross settlement amount for attorney ...

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 a...

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: ...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 complet...

Excerpt: ...elihood of prevailing," because plaintiff did not establish a prima facie case. After considering the briefs and oral arguments, the court ordered further briefing. For ease of reference, the original tentative ruling is quoted below verbatim: ORIGINAL TENTATIVE RULING Special Moton to Strike The Anti-SLAPP statute provides that a cause of action arising from any act by committed in furtherance of a constitutionally (U.S. or Cal.) protected right...

Excerpt: ...ntimely. The deadline to notice a motion was August 17, 2021 (45 days plus 2 days for email service from June 29, 2021, the date of the response). This motion was not filed until August 25, 2022, more than a year after the deadline. It is true that the parties had an Informal Discovery Conference (IDC) with the court, discussing the issues. While requesting an IDC stays a running deadline for a discovery motion under this court's rules as a Compl...

Excerpt: ...012) 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 stag...

Excerpt: ...2) 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 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 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 s...

Excerpt: ...and Dura Technologies, Inc. seek to compel arbitration pursuantto Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906.2 Before Viking River, PAGA claims were not subject to arbitration under any circumstances. (See e.g. Iskanian v. CLS Transp. Los Angeles LLC (2014) 59 Cal.4th 348.) In Viking River, however, the Court held, contrary to Iskanian, that under the Federal Arbitration Act, 9 U.S.C., section 1 etseq. (FAA), a PAGA action is div...

Excerpt: ...ar for 1990- 91 was Cardenas's first year at Victor Elementary School, where Jane VH1 Doe was his student. The issue raised by this motion for summary judgment is whether there is a triable issue of fact whether defendant Victor Elementary School District knew or should have known that Cardenas posed a risk to students of sexual abuse, yet still hired, retained, or inadequately supervised him. (See Roe v. Hesperia Unified School District (2022) 8...

Excerpt: ...p.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 (21W6) 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 sett...

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 s...

Excerpt: ...rcement of state labor laws." (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th f, 77.) The court must find that the plaintiff "has adequately represented the state's interests, and hence the public interest." (ld. at p. 89.) The LWDA must be notified of the settlement and given an opportunity to object. (Lab. Code S ["The proposed settlement shall be submitted to the agency at the same time that it is submitted to the court." I Upon approval, a c...

Excerpt: ...eter future ones, and to maximize enforcement of state labor laws." (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 77.) The court must find that the plaintiff "has adequately represented the state's interests, and hence the public interest." (ld. at p. 89.) The LWDA must be notified of the settlement and given an opportunity to object. (Lab. Code S ["The proposed settlement shall be submitted to the agency' at the same time that it is submi...

Excerpt: ...concurrent jurisdiction is subject to waiver and should be raised by demurrer where the issue appears on the face of the complaint and by answer where factual issues must be resolved, followed by a motion to abate or for summary judgment. [Citations omitted.] In Shaw, the defendant did not raise the issue by demurrer or answer, but the Court declined to find waiver because the plaintiffs never argued for it. (Ibid.) Unlike Shaw, plaintiff has rai...

Excerpt: ...dure authorized under the Civil Discovery Act. If no one responds to the website's plea for information, this court is not empowered to compel a response from anyone. Defendants next argue that the website is inaccurate and misleading, in violation of the rules of professional conduct governing lawyers. Defendants have failed to make the requisite showing. The website accurately characterizes the allegations made in the lawsuit. The website does ...

Excerpt: ...tions, deter future ones, and to maximize 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.” (Id. at p. 89.) Finally, the LWDA must be notified of the settlement and thereby be given an opportunity to object. The court has several concerns about the proposed settlement. Couns...

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 risk of maintaining class action status through trial, the amount offered in settlement, th...

Excerpt: ...te 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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the...

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 extent...

Excerpt: ...Moriana (2022) 142 S.Ct. 1906. Before Viking River, PAGA claims were not subject to arbitration under any circumstances. (See e.g. Iskanian v. CLS Transp. Los Angeles LLC (2014) 59 Cal.4th 348.) In Viking River, however, the Court held, contrary to Iskanian, that under the Federal Arbitration Act, 9 U.S.C., section 1 et seq. (FAA), a PAGA action is divisible into “individual” and “non-individual” components. In the Viking River lexicon, a...

Excerpt: ... 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 ...

Excerpt: ...eved employees.” On the one hand, the basic coverage provision in the agreement is broad, covering all claims the employee may have against the company unless otherwise excluded. (See Arbitration Agreement, p. 1, ¶ 1 (“Claims Covered by the Agreement.”) On the other hand, the agreement also provides: These claims are not covered under the Agreement: …(iv) representative actions for civil penalties filed under the California Private Attor...

Excerpt: ..., 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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigat...

Excerpt: ..., 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 action status through tr...

Excerpt: ...laws.” (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 77.) The court must find that the plaintiff “has adequately represented the state's interests, and hence the public interest.” (Id. at p. 89.) The LWDA must have been notified of the settlement and given an opportunity to object. The court finds that the settlement is fair, reasonable, and adequate under Moniz. The court further finds that all representative plaintiffs with the exc...

Excerpt: ...to compel arbitration pursuant to Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906. Before Viking River, PAGA claims were not subject to arbitration under any circumstances. (See e.g. Iskanian v. CLS Transp. Los Angeles LLC (2014) 59 Cal.4th 348.) In Viking River, however, the Court held, contrary to Iskanian, that under the Federal Arbitration Act, 9 U.S.C., section 1 et seq. (FAA), a PAGA action is divisible into “individual” and...

Excerpt: ...to compel arbitration pursuant to Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906. Before Viking River, PAGA claims were not subject to arbitration under any circumstances. (See e.g. Iskanian v. CLS Transp. Los Angeles LLC (2014) 59 Cal.4th 348.) In Viking River, however, the Court held, contrary to Iskanian, that under the Federal Arbitration Act, 9 U.S.C., section 1 et seq. (FAA), a PAGA action is divisible into “individual” and...

Excerpt: ...to arbitrate the controversy exists. . . .' ([Code Civ. Proc.,] § 1281.2) The statute does not require the petitioner to introduce the agreement into evidence.” (Condee v. Longwood Management Corp. (2001) 88 Cal.App.4th 215, 218.) “A plain reading of the statute indicates that as a preliminary matter the court is only required to make a finding of the agreement's existence, not an evidentiary determination of its validity.” (Condee v. Long...

Excerpt: ..., 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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigat...

Excerpt: ...ment 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 plaintiffs' case, the risk, expense, complexity and likely duration of fur...

Excerpt: ...ust 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 plaintiffs' case, the risk, expense, com...

Excerpt: ...p.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 the...

Excerpt: ...tice of Errata regarding their motion. As threshold matter, both the motion and errata are unsigned and should have been rejected by the court. The notice of motion and the accompanying motion, filed on September 6, include a designation “/s” on the signature line, which in other contexts is sometimes used to indicate an electronic signature, but this court does not yet utilize electronic filing. Therefore, these documents are both unsigned. ...

Excerpt: ... Class Action Settlements 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) 1...

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 discove...

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 and...

Excerpt: ... 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 action status through tri...

Excerpt: ... USA, Inc. (2021) 72 Cal.App.5th 56, 77.) The court must find that the plaintiff “has adequately represented the state's interests, and hence the public interest.” (Id. at p. 89.) The LWDA must have been notified of the settlement and given an opportunity to object. Counsel seeks $45,333.00 as an attorney fee. While counsel stated the number of hours worked on the case, which allows the court to calculate the hourly rate, no lodestar analysis...

Excerpt: ...d. The discrepancy covers approximately three months. Defendant's motion is overly broad, seeking to strike portions of the amended complaint that go far beyond the narrow issue and would result in portions of the pleading being stricken which Defendant does not challenge. Defendant clarifies, however, that if the court were to agree with Defendant's view of the issue, the court could grant the motion and allow Plaintiff to amend the complaint to...

Excerpt: ...iscretion 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: ...bitration Act (FAA) governs because Vista's business, and presumably the work performed by Muldrew, involve interstate commerce. The agreement, however, specifically provides otherwise. It states: “The arbitration shall conducted in the city and state of my employment and shall be governed and conducted in accordance with the laws of that state including all matters related to discovery, form of decision, procedures and remedy and relief availa...

Excerpt: ...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, the amount offered in settleme...

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 and ...

Excerpt: ...SA, Inc. (2021) 72 Cal.App.5th 56, 77.) The court must find that the plaintiff “has adequately represented the state's interests, and hence the public interest.” (Id. at p. 89.) The LWDA must have been notified of the settlement and given an opportunity to object. The court is unable to make these findings because counsel has not provided the number of aggrieved employees who will participate in the settlement (actual or even estimated). The ...

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: ...012) 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 t...

Excerpt: ... failed to demonstrate any unreasonable delay, obstruction, or lack of substantial justification in producing the deponent. The delay resulted from deponent being on medical leave. In fact, the deposition was taken by Zoom while the deponent was still on medical leave, bedridden. The moving party has failed to establish substantial justification for filing the unmeritorious motion. Sanctions are therefore awarded to the City, assessed against cou...

Excerpt: ...rifications, the parties agreed to the deadline. These motions are brought more than a year after either date (the deadline agreed to by the parties or the deadline ordered by the court). These motions are therefore denied. Set 2 of Requests for Production The requests embrace tax returns, balance sheets, profit and loss statements, and other documents demonstrating defendant's financial condition during the liability period. Defendant objects on...

Excerpt: ...claims asserted by plaintiff. The issue is whether Precise Distributions, a non-party, can enforce it under theories of third- party beneficiary, equitable estoppel, or agency. Third Party Beneficiary Plaintiff fails to demonstrate that the doctrine of third party beneficiary applies. A third party's rights under a contract are predicated upon the contracting party's intent to benefit that person. (Civ. Code, §1559; Hess v. Ford Motor Co. (2002)...

Excerpt: ...ir of the Judicial Council of the removal, but indicated that the coordinated proceedings would remain open due to the possibility of remand. On April 13, 2022, counsel informed the court that the matters were remaining in federal court. This court therefore scheduled an order to show cause why the coordinated proceeding should not be closed on June 24, 2022. On June 24, counsel advised the court that the matters were settling and that a motion f...

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: ...e step process for determining whether an arbitration agreement exists: (1) the moving party bears the burden of producing prima facie evidence of a written agreement to arbitrate the controversy by either attaching a copy of the arbitration agreement with the opposing party's signature or by setting forth the terms of the agreement in the motion; (2) the opposing party bears the burden of producing evidence to challenge the authenticity of the a...

Excerpt: ...rt 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 expe...

Excerpt: ...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 the proceedi...

Excerpt: ... same arbitration agreement. Counsel, therefore, are directed to the court's tentative ruling in Martinez. In this case, however, plaintiffs argue that the agreement is unconscionable. Unconscionability is the absence of meaningful choice on the part of one of the parties together with contract terms, which are unreasonably favorable to the other party. (Allan v. Snow Summit (1996) 51 Cal.App.4th 1358, 1376.) Unconscionability has procedural and ...

Excerpt: ... Complaint, and First Amended Complaint. (See, Declaration of Torey Joseph Favarote (“Favarote Decl.”), ¶¶ 2‐8.) On July 7, 2022, 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...

Excerpt: ... PAGA claims were not subject to arbitration under any circumstances. (See e.g. Iskanian v. CLS Transp. Los Angeles LLC (2014) 59 Cal.4th 348.) In Viking River, however, the Court held, contrary to Iskanian, that under the Federal Arbitration Act, 9 U.S.C., section 1 et seq. (FAA), a PAGA action is divisible into “individual” and “non‐individual” components. In the Viking River lexicon, an “individual” PAGA claim is one based on Lab...

Excerpt: ...llegedly required by statute and Caltrans' internal policies. Petitioner alleges that Caltrans purchased approximately five acres of land as part of an I‐210 freeway development project. Due to design changes for the freeway, the land remains unused and vacant. On April 1, 2017, Caltrans and Petitioner entered into a two‐year lease for Petitioner to use the land for Caltrans‐related work. Through later lease amendments, Petitioner continues...

Excerpt: ...legedly required by statute and Caltrans' internal policies. Petitioner alleges that Caltrans purchased approximately five acres of land as part of an I‐210 freeway development project. Due to design changes for the freeway, the land remains unused and vacant. On April 1, 2017, Caltrans and Petitioner entered into a two‐year lease for Petitioner to use the land for Caltrans‐related work. Through later lease amendments, Petitioner continues ...

Excerpt: ... same arbitration agreement. Counsel, therefore, are directed to the court's tentative ruling in Martinez. In this case, however, plaintiffs argue that the agreement is unconscionable. Unconscionability is the absence of meaningful choice on the part of one of the parties together with contract terms, which are unreasonably favorable to the other party. (Allan v. Snow Summit (1996) 51 Cal.App.4th 1358, 1376.) Unconscionability has procedural and ...

Excerpt: ... PAGA claims were not subject to arbitration under any circumstances. (See e.g. Iskanian v. CLS Transp. Los Angeles LLC (2014) 59 Cal.4th 348.) In Viking River, however, the Court held, contrary to Iskanian, that under the Federal Arbitration Act, 9 U.S.C., section 1 et seq. (FAA), a PAGA action is divisible into “individual” and “non‐individual” components. In the Viking River lexicon, an “individual” PAGA claim is one based on Lab...

Excerpt: ...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 the proceedi...

Excerpt: ...AGA claims were not subject to arbitration under any circumstances. (See e.g. Iskanian v. CLS Transp. Los Angeles LLC (2014) 59 Cal.4th 348.) In Viking River, however, the Court held, contrary to Iskanian, that under the Federal Arbitration Act, 9 U.S.C., section 1 et seq. (FAA), a PAGA action is divisible into “individual” and “non‐individual” components. In the Viking River lexicon, an “individual” PAGA claim is one based on Labor...

Excerpt: ...ing River, PAGA claims were not subject to arbitration under any circumstances. (See e.g. Iskanian v. CLS Transp. Los Angeles LLC (2014) 59 Cal.4th 348.) In Viking River, however, the Court held, contrary to Iskanian, that under the Federal Arbitration Act, 9 U.S.C., section 1 et seq. (FAA), a PAGA action is divisible into “individual” and “non‐individual” components. In the Viking River lexicon, an “individual” PAGA claim is one ba...

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: .... CIVSB2217699, she asserts the same claim, but for penalties under the Labor Code Private Attorney General Act of 2004, Labor Code section 2698 et seq. (PAGA), for the time period June 16, 2021, to the present. Defendant demurs to both complaints. Because the issues are the same in both cases, the parties stipulated for a single opposition, reply, and hearing. Labor Code section 226, subdivision (a), lists nine items an employer must include in ...

Excerpt: ... claims were not subject to arbitration under any circumstances. (See e.g. Iskanian v. CLS Transp. Los Angeles LLC (2014) 59 Cal.4th 348.) In Viking River, however, the Court held, contrary to Iskanian, that under the Federal Arbitration Act, 9 U.S.C., section 1 et seq. (FAA), a PAGA action is divisible into “individual” and “non‐individual” components. In the Viking River lexicon, an “individual” PAGA claim is one based on Labor Co...

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...