Excerpt: ...osts ($19,322.80), administration fee ($7,000.00), incentive award ($7,500.00), and PAGA penalties ($20,000.00). The deductions are all reasonable and appropriate. These deductions result in a net class settlement of $279,510.53. There are 122 class members.3 Therefore, the average receipt for the class portion of the settlement is $2,291.06. There are 27,357 work-weeks in all, so each class member will receive $10.22 for each week worked during ...

Excerpt: ...an entity called Caltek Communications, Inc., whereas the sole defendant and moving party Caltek Technologies, Inc. While there are many circumstances where a non-party can enforce an arbitration agreement, defendant fails to address the issue in its Reply brief. Absent a showing that Caltek Technologies has standing to enforce the agreement, the motion must be denied. Counsel should be prepared to address this issue at the hearing. If defendant ...

Excerpt: ...fair, adequate and reasonable" for the class. (Kullar v. Foot ü)cker Retail, Inc. (2008) 158 Cal.App.4th 116, 126; Reed v. United Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) There were no objections to the class settlement and no opt-outs. The gross settlement amount is $1,000,000.00. The proposed deductions from the gross are for attorney fees ($333,333.33), costs ($19,723.23), administration fee ($8,890.00), three incentive awards o...

Excerpt: ...mployer's usual course of business. (b) A client employer shall share with a labor contractor all civil legal responsibil-ty and civil liability for all workers supplied by that labor contractor for the follow-ng: (1) The payment of wages. (d) At least 30 days prior to filing a civil action against a client employer for violations covered by this section, a worker or the worker's representative shall notify the client empoyer of violations under ...

Excerpt: ...appropriately. If unprofessional rancor continues, the court will address the issue further and will take appropriate action. The court anticipates not having to do so. Plaintiffs' argument that it was appropriate to designate the entirety of the search results as "highly confidential" before accessing and reviewing the documents is unreasonable. Some of them may be highly confidential, but that can be determined only after counsel has had an opp...

Excerpt: ...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 (2005) 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: ... costs. Fees and costs are simply a part of the motion for approval. The court believes it may have sufficient information to award fees and costs based on what has been filed. In future cases, counsel should file a single motion. Final Approval of Class Acton 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....

Excerpt: ... 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 riskof maintaining class action status through trial, the amount offered in settlemen...

Excerpt: ... the evidence that plaintiff signed it. Similarly, plaintiff's feeling of being rushed and not given suffcient time to read everything may be factors to consider in the unconscionability analysis, but are not a factor in determining whether she entered into the agreement. Plaintiff does not dispute that she clicked "l Agree" on the day she was hired. Identification of the Parties to the Agreement Plaintiff argues that the agreement is unenforceab...

Excerpt: ..."the settlement is fair, adequate and reasonable." (Kullar v. Fint Locker Retail, Inc. (2COS) 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 ...

Excerpt: ...les (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 th...

Excerpt: ...o amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect.... The court may likewise, in its discretion, after notce to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars.... A motion to amend a pleading must: 1. Include a copy of the amended pleading, which must be se...

Excerpt: ...ation released claims as specified in paragraph 46 of the settlement agreement against a number of specified companies. Ryder Last Mile, Inc., however, is not named. In addition to the named companies, the release also purports to include the named companies' "present and former parents, affiliates, divisions, and subsidiaries, acquired companies, and each of their respective present and former directors, officers, shareholders, agents, represent...

Excerpt: ....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 ris...

Excerpt: ...158 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 (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 offer...

Excerpt: ...158 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, the amount offer...

Excerpt: ... 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 extent of d...

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: ...nt Defendant's argument is straightforward. Employees are properly classified as "exempt outside salespersons" if they "customarily and regularly work more than half the working time away from the employer's place of business selling tangible or intangible items or obtaining orders or contracts for products, services or use of facilities.' (Cal. Code Regs., tit. 8, S 11070, subd. 2(J).) As such, they are exempt from the Labor Code's requirements ...

Excerpt: .... To approve the settlement, the court must find the settlement to be "fair, reasonable, and adequate in view of PAGA's purposes to remediate 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 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...

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: ...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: ...il, 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: ...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 risk of...

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: ...cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2005) 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: ...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: ...t restate counsel's preexisting obligations and responsibilities; even without a protective order, counsel is obligated (1) to limit questions to the listed topics for the PMQ deposition, (2) to refrain from ad hominem commentary and sarcasm, and (3) to avoid repetitive questioning. A protective order stating those limitations would simply repeat the limitations already imposed by the Code of Civil Procedure and the Rules of Professional Conduct....

Excerpt: ...ted 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 disco...

Excerpt: ... the court re-set the filing deadline for January 31, 2023. Plaintiff did not file the motion or seek relief before expiration of the deadline. Instead, on February 3, 2023, plaintiff filed an ex parte application to extend the filing date nunc pro tunc. On February 5, 2023, the court denied ex parte relief, but reserved a hearing date of April 20, 2023, for a moton. The hearing was subsequently continued to June 2, 2023. How plaintiff's counsel ...

Excerpt: ...stantially related matter whose interests are materially adverse to the former client unless written consent is provided. In actions where the potential conflict arises from successive representations of clients with potential adverse interest, the chief fiduciary value in jeopardy is the client's confidentiality. (Flatt v. Superior Court (Daniel) (1994) 9 Cal.4th 275, 283.) Disqualifying an attorney for undertaking a representation adverse to a ...

Excerpt: ...ndate under Code of Civil Procedure section 1091.4 compelling the County to remove his name. This court exercises its independent judgment in reviewing the administrative decision. (Gonzalez v. Santa Clara County Dept. of Social Services (2014) 223 Cal.App.4th 72, 84; Saraswati v. County of San Diego (2011) 202 Cal.App.4th 917, 928.) In applying the "independent judgment" standard of review, the court must determine whether the weight of the evid...

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 o...

Excerpt: ...l, 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 (2W5) 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, t...

Excerpt: ...pp.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, the amount offered in set...

Excerpt: ... 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 experience and...

Excerpt: ... of fees and costs, as the plaintiff must post an appropriate appeal bond or undertaking or petition for writ of supersedeas to stay enforcement. (Dowling v. Zimmerman 85 Cal.App.4th 14CL) Thus this case is not different from any other case where a party obtains a judgment, the losing party files and appeal, and the judgment is stayed pending the appeal only if a bond is posted. Out of State Lawyer The ability to recover fees incurred by an out-o...

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

Excerpt: ...h 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2W5) 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 proceeding...

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: ...pp.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2005) 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 proc...

Excerpt: ...ngeles (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...

Excerpt: ..., yet plaintiff's employment terminated in May 2021 (Complaint 14). The motion to strike—which the court treats as a demurrer or motion for judgment on the pleadings—is brought on the ground that plaintiff lacks standing and is therefore granted. Leave to amend, however, is granted, either to substitute a new class representative or to change the definition of the class so that plaintiff falls within it. ...8 Plaintiff has amended the complai...

Excerpt: ...ed 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 discov...

Excerpt: ...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 acton status through trial, the amount offered in settlement, the extent of discovery completed and the stage of the proceedings, the experi...

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: ...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) 135 Cal.App.4th 705, 723.) Relevant factors the court may consider include "the strength of plaintiffs' ...

Excerpt: ...rator, not the court, will decide whether the parties should be ordered to non-binding mediation pursuant to the agreement, which the arbitrator will determine is enforceable or unenforceable. (3) The parties agreed that the court, not the arbitrator, would decide the issue whether the class action waiver is enforceable. It is, and the class claims are therefore striken. (4) It is premature to decide whether the non-individual PAGA claims should ...

Excerpt: ...e second amended complaint, the requests fell within the broad scope of permissible discovery. Hazmat argues that the court ordered responses without objection, but Hazmat appears to concede that specific objections of attorney-client privilege, attorney workproduct, and official information privilege were subject to further responses in the form of privilege logs. But whether Hazmat concedes it or not, it would have been improper for the court a...

Excerpt: ...ail, 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,...