Excerpt: ...upp. Rogina Decl. ¶6.) There is no dispute regarding whether the broad arbitration provision contained in the employment handbook, if enforceable, would cover Plaintiffs' wage and hour claims. It provides for mandatory arbitration of “any claim, complaint, or dispute that relates in any way to the Parties' employment relationship . . . .” (See Ex. C at § 10.1BC.) Defendant submitted receipt and acknowledgment forms indicating each Plaintiff...

Excerpt: ....App.4th 322, 337.) The court has “broad discretion in making this determination.” (In re Microsoft I‐V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include “the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in settlement, the extent of discovery completed and the stage o...

Excerpt: ... Before Viking River, PAGA claims were not subject to arbitration under any circumstances. In Viking River, however, the Court held, contrary to Iskanian v. CLS Transp. Los Angeles LLC (2014) 59 Cal.4th 348, 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 La...

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...

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 a...

Excerpt: ...laims were not subject to arbitration under any circumstances. In Viking River, however, the Court held, contrary to prior California precedent, 1 that under the Federal Arbitration Act, 9 U.S.C., section 1 et seq. (FAA), a PAGA action is divisible into “individual” and “nonindividual” components. In the Viking River lexicon, an “individual” PAGA claim is one based on Labor Code violations allegedly suffered by the named plaintiff, wh...

Excerpt: ...ement 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 ...

Excerpt: ...ourt 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 ex...

Excerpt: ... when the parties are numerous, and it is impracticable to bring them all before the court . . . .” [Citations omitted.] Drawing on the language of Code of Civil Procedure section 382 and federal precedent, we have articulated clear requirements for the certification of a class. The party advocating class treatment must demonstrate the existence of an ascertainable and sufficiently numerous class, a well‐defined community of interest, and sub...

Excerpt: ...6. Before Viking River, PAGA claims were not subject to arbitration under any circumstances. In Viking River, however, the Court held, contrary to prior California precedent,5 that under the Federal Arbitration Act, 9 U.S.C., section 1 et seq. (FAA), a PAGA action is divisible into “individual” and “nonindividual” components. In the Viking River lexicon, an “individual” PAGA claim is one based on Labor Code violations allegedly suffer...

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 t...

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...

Excerpt: ...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: ... “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...

Excerpt: ... pay minimum wages; (3) failure to pay overtime wages; (6) waiting time penalties; (7) failure to maintain adequate records; (8) failure to reimburse; (9) unlawful deductions; (10) failure to provide wage statements; (11) violation of the Unfair Competition Law (UCL); (13) intentional misclassification; and (14) penalties under the Private Attorney General Act (PAGA). Defendants answered. HDL (and RH by joinder) moved for summary adjudication of ...

Excerpt: ...vide a particular education service, contractual principles apply. (Id. at p. 826; Abuelhawa v. Santa Clara Univ. (N.D.Cal. 2021) 529 F.Supp.3d 1059, 1065.) General promises or expectations, however, are insufficient to support contractual obligations. (Kashmiri at p. 826; Abuelawa at p. 1065.) Not all statements in a school's publication will give rise to contractual obligations. (Kashmiri at p. 829.) The promises identified in this case relate ...

Excerpt: ... 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 pr...

Excerpt: ...e 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, the...

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: ...ses, Inc. v. Moriana (2022) 142 S.Ct. 1906. Before Viking River, PAGA claims were not subject to arbitration under any circumstances. In Viking River, however, the Court held, contrary to prior California precedent, 1 that under the Federal Arbitration Act, 9 U.S.C., section 1 et seq. (FAA), a PAGA action is divisible into “individual” and “nonindividual” components. In the Viking River lexicon, an “individual” PAGA claim is one based...

Excerpt: ...cretion 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: ...h 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 p...

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 vi...

Excerpt: ...on sites in California. Most of the raw materials used to manufacture the ready‐mix concrete came to the plant from California suppliers. Fly ash, however, was manufactured out of state and was used in the approximately 13% of ready‐mix concrete delivered by plaintiff. This tenuous connection” to interstate commerce is insufficient to transform plaintiff into a “transportation worker” who is exempt from the FAA. Plaintiff, an exclusivel...

Excerpt: ... 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 maintaining class ...

Excerpt: ...River, PAGA claims were not subject to arbitration under any circumstances. In Viking River, however, the Court held, contrary to prior California precedent, 4 that under the Federal Arbitration Act, 9 U.S.C., section 1 et seq. (FAA), a PAGA action is divisible into “individual” and “nonindividual” components. In the Viking River lexicon, an “individual” PAGA claim is one based on Labor Code violations allegedly suffered by the named ...

Excerpt: ... ability to view documents containing information about plaintiffs which is protected under the CMIA. 2 Plaintiffs allege defendant failed to provide and maintain adequate safety measures to protect, secure, and safeguard the confidential information in violation of the CMIA. They seek compensatory damages, punitive damages, attorney fees, and costs. Defendant moves for summary adjudication of the first cause of action on the ground that the hack...

Excerpt: ...posing 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 agreement, such as testifying under penalty of perjury that the party never saw or does not remember seeing the agreement; and (3) the moving party must then establish with admissible evidence that a valid arbitration agreement between the parties. (Id. at pp. 165...

Excerpt: ...pel 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. In Viking River, however, the Court held, contrary to prior California precedent, 3 that under the Federal Arbitration Act, 9 U.S.C., section 1 et seq. (FAA), a PAGA action is divisible into “individual” and “nonindividual” components. In the Viking River lexicon...

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, ...

Excerpt: ... about the father and, apparently, made unwarranted calls to the police about the father. The daughter had been cutting herself, and attributed the behavior to an attempt to relieve the pressure she was receiving from her mother. The reason for the cutting may be that simple, or it may be far more complicated, involving complex and overlapping psychological and sociological factors. No medical or psychiatric evidence was presented concerning the ...

Excerpt: ...e fine would have on petitioners; (3) the fine constitutes cruel and unusual punishment; (4) the evidence is insufficient to support the fine; and (5) petitioners are not the owners of property. Petitioners fail to demonstrate each ground. Conduct of the Proceedings in English Petitioners cite to no statute, regulation, or case law imposing a requirement that administrative proceedings be conducted in Spanish nor that a certified translator must ...

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 experie...

Excerpt: ...ure to Provide Meal Breaks; 3. Failure to Provide Rest Breaks; 4. Failure to Reimburse Expenses; 5. Failure to Pay Final Wages; 6. Failure to Provide Accurate Itemized Wage Statements; and 7. Unfair and Unlawful Competition.1 Plaintiffs move for class certification on all class claims except the claim for Failure to Reimburse Expenses. Plaintiffs propose the following class: All current and former non‐exempt employees employed by Defendants H&I...

Excerpt: ...ggrieved employees.” 1 Defendant filed an Answer on January 23, 2020, and the parties proceeded with litigation. On October 14, 2022, following the decision by the United States Supreme Court in Viking River Cruises v. Moriana (2022) 59 Cal.4th 348, Defendant filed a motion to compel arbitration. In Viking River, the Court held that the Federal Arbitration Act, 9 U.S.C. 1 et seq. (“FAA”), preempts the California Supreme Court's decision in ...

Excerpt: ... filed a motion to compel arbitration. In Viking River, the Court held that the Federal Arbitration Act, 9 U.S.C. 1 et seq. (“FAA”), preempts the California Supreme Court's decision in Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348, which had precluded bifurcation of PAGA claims into individual and non‐ individual components. Now, under Viking River, if the parties have entered into an enforceable arbitration agreemen...

Excerpt: ...ment. But Defendant has failed to demonstrate that the purported English translation of the document, which would otherwise demonstrate an agreement to arbitrate, is an accurate translation of the Spanish language document. Therefore, no agreement to arbitrate has been shown to exist. As for unconscionability, assuming arguendo that the purported English translation is an accurate translation of the document plaintiff signed, plaintiff fails to d...

Excerpt: ...following time line:  August 2019: Plaintiff's termination of employment. (SAC, ¶10.)  July 1, 2020: Plaintiff's notice to LWDA of claims against EmployBridge. (Plaintiff's attorney James R. Hawkins 7/18/22 Decl., ¶ 3.)2  July 2, 2020: Plaintiff's class action complaint against EmployBridge.  October 1, 2020: Plaintiff's First Amended Complaint, adding PAGA.  October 30, 2020: Plaintiff sent HiRel copy of her amended notice to th...

Excerpt: ...tration Act, 9 U.S.C., section 1 et seq. The issue is whether the agreement falls within the scope of Viking River. 3 Viking River confirms the primary holding of Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348, that “wholesale” waivers of the right to bring representative actions (which include PAGA actions) in court or in arbitration are unenforceable. This agreement provides contains such a “wholesale” waiver: To ...

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

Excerpt: ...leadings, with the exception of the purported first amended complaint in this case (because it is not on file). “Trial courts generally have the inherent power to stay proceedings in the interests of justice and to promote judicial efficiency.” (Freiberg v. City of Mission Viejo (1995) 33 Cal.App.4th 1484, 1489.) “[S]taying an action is an act of discretion which "may not be arbitrary; it must be exercised in conformity with the spirit of t...

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 t...

Excerpt: ...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 Proposed Settlement The amount of the settlement ($100,000.00) for an estimated 65 aggrieved employees is appropriate given the strength of plaintiff's case and the risks of litigat...

Excerpt: ...th 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 Proposed Settlement The motion states that the net settlement (after the proposed deductions) is “no less than $72,400.00.” (Motion iii:6.) The arithmetic is wrong. The net (based on the proposed deduc...

Excerpt: ...g. Plaintiff was hired by Staffmark and was assigned to work at Ceva Logistics. Plaintiff alleges that she and other workers were subjected to various Labor Code violations. She asserts class and PAGA claims against both defendants. Staffmark and Ceva separately move to compel arbitration. Plaintiff does not oppose arbitration of her individual claims (including her individual PAGA claim pursuant to Viking River Cruises). The arbitration agreemen...

Excerpt: ...ctions and organ failure (¶12). Mabudian treated his patients, including Cody, with Intravenous Immunoglobulin Therapy (“IVIg”), which is costly. Because it is costly, Beaver attempted to have Mabudian discontinue its use through various policies. When Mabudian refused to stop IVIg, he was terminated (¶¶17‐25, 27‐28). Defendants informed Mabudian's patients, including Cody, that Mabudian was no longer employed at Beaver. They then prec...

Excerpt: ...iff's individual PAGA claim, this court can simply stay the nonindividual PAGA claims pending a decision in Adolph. If the California Supreme Court agrees with the United States Supreme Court's decision in Viking River Cruises that, under California law, the non‐individual PAGA claims should be dismissed, this court can do so at that time. If the California Supreme Court disagrees with the United States Supreme Court, this court can make such f...

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

Excerpt: ...ses the motion to compel arbitration for both the class action and the PAGA action. Application of the Federal Arbitration Act The outcome of the motion hinges in part on whether the Federal Arbitration Act (FAA) governs. As explained below, it does not because the “transportation worker” exemption applies. In support of their motions, Defendants filed the declaration of MHX LLC's vice president, Alex Nicholas, who declares MHX Holdings, LLC ...

Excerpt: ...ufactures, and sells medical insulin‐based devices and products. As part of its business, it has access to customers' confidential protected health information (“PHI”) and personal identifiable information (“PII”). In March 2020, Tandem announced that between January 17 and 20, 2020, the PHI and PII of 140,781 customers, comprising the putative class, were subject to a phishing attack (¶¶1‐3, 10‐ 14, 39‐40, 43‐49, 55‐56, 76)...

Excerpt: ...hould be remanded to the Contra Costa County Superior Court. I Application of the Federal Arbitration Act The parties appear to assume the Federal Arbitration Act (FAA) applies. Although no evidence is presented to demonstrate application of the FAA, plaintiffs do not dispute it, presumably due to the well‐known nature of Lowe's expansive business and retail operations which would necessarily involve interstate commerce. The court assumes the F...

Excerpt: ...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 stag...

Excerpt: ...he 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, th...

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 experi...

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...

Excerpt: ... PAGA claims should be dismissed or stayed pending completion of the arbitration. Defendant asserts that it did not waive the right to compel arbitration because a motion to compel arbitration would have been futile under Iskanian v. CLS Transportation Los Angeles LLC (2014) 59 Cal.4th 348, which was controlling law until the United States Supreme Court's recent decision in Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906. Therefore, i...

Excerpt: ...res are by plaintiff and an “Authorized Company Representative” for Knolls West Post Acute. The problem is that Knolls West Post Acute is not mentioned anywhere in the body of the agreement, and the primary contracting party, Spring Valley Post Acute, did not sign it. The purported agreement also appears to be cobbled together, perhaps for purposes of this motion. As presented, it is five pages longs. The first, third, and fifth pages do not ...

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 a...

Excerpt: ...s “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 experienc...

Excerpt: ...Arbitration Act. (Gillespie Decl. Exhs. D & H – Arbitration Agreements ¶ 3.) The only issue before the court is the application of Viking Rivers Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906, to the arbitration agreements and whether it supports the relief requested. The relevant portions of the Arbitration Agreements provide: 12. Representative Action Waiver. Employee further agrees that Employee is waiving the right to bring, or to particip...

Excerpt: ...d National Union's Complaint Plaintiff National Union Fire Insurance Company of Pittsburgh, PA (National Union)1 filed this action against Defendants Prime Healthcare Services, Inc. (PHS); Prime Healthcare Foundation, Inc. (PHF); Prime Healthcare Management, Inc. (PHM); Desert Valley Hospital, Inc. (Desert Valley); High Desert Heart Vascular Institute (High Desert); and Dr. Prem Reddy, M.D., FACC (Reddy).2 The first amended complaint (FAC) allege...

Excerpt: ...cretion 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: ...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: ...tment, Department S‐26. On June 17, 2022, the court denied defendants' motion to compel arbitration. The court ordered defendants to file a responsive pleading and lifted the stay on discovery. Defendants, however, appealed the denial of the motion to compel arbitration. It would appear that discovery was stayed pending the appeal, but the Court of Appeal issued a Notice of Default on Appeal on September 22, 2022, indicating that the appeal wou...

Excerpt: ...ny other applicable [but unspecified] privilege. Many of these objections (e.g., vague and ambiguous) go to the form of the request and, as such, are improper because they are designed to protect a witness during oral examination, not when “the answer is to be made in writing, after due time for deliberation and consultation with counsel” since any such “answer may be framed [to] avoid the pitfalls, if any, inherent in the form of the quest...

Excerpt: ... or future, we will use binding arbitration as the exclusive forum for the resolution of such disputes and I join with the Employer in agreeing that federal law will control. I further agree that Employer and I hereby join in waiving both (i) any and all right to initiate or participate in any form of class action or other collective or representative proceeding (“Class Action Waiver”) for the resolution of any Employment‐related Dispute, a...

Excerpt: ...l.App.4th 322, 337.) The court has “broad discretion in making this determination.” (In re Microsoft I‐V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include “the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in settlement, the extent of discovery completed and the stage ...

Excerpt: ... (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 Page 2 of 8 CVS26100422 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: ... of aggrieved employees or the aggregate number of pay‐periods during the PAGA period. 2 Subject to possible adjustment of costs. See fn. 4 infra. Page 5 of 8 CVS26100422 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' cas...

Excerpt: ...equate representation for the class; and that common questions of law or fact predominate over individual issues. (Brinker Restaurant Corp. v. Superior Court (Hohnbaum) (2012) 53 Cal.4th 1004, 1021‐1022.) Both counsel have addressed these issues in detail. But counsel have failed to address whether the case, if certified, is manageable. In Duran v. U.S. Bank National Assn. (2014) 59 Cal.4th 1, 28, 29, the 3 Although the fee is 35% of the gross ...

Excerpt: ...f action (for declaratory and injunctive relief) is barred by the four year statute of limitations. (Code Civ. Proc., § 337(1).) Defendant argues that the cause of action accrued when plaintiff made the last payment, on October 6, 2016, but the lawsuit was not filed until December 14, 2021, more than four years later. If this were a debt collection action filed by defendant, the action would likely be barred under Code of Civil Procedure section...

Excerpt: ... statement of the court's tentative ruling. The court may adopt, modify or reject the tentative rulingafter considering the parties' oral arguments. The tentative ruling will have no legal effect unless adopted by the court. No notice of intent to appear is required. If you wish to submit on the tentative decision, you may send a telefaxtoJudge Borrell's secretary, Tammy Brantner, at 805‐477‐5894, stating that you submit on the tentative. A c...

Excerpt: ...t, 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 706, 723.) Relevant factors the court may consider include “the strength of plai...

Excerpt: ... the petition is moot because the City has subsequently responded to the request in full. The Response Deadline Government Code section 6250 provides that the Legislature, mindful of the right of individuals, “finds and declares that access to information concerning the conduct of the people's business is a fundamental and necessary right of every person in this state.” To implement this right, the California Public Records Act (CPRA) provide...

Excerpt: ...he 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, th...

Excerpt: ...endant now asks the court to enforce the “Class/Collective Action Waiver” contained within the DARP. The DARP was presented as a single agreement, signed only once, which included arbitration provisions and waivers of class and collective actions. The Page 2 of 2 CVS26091322 arbitrator found the agreement to be unenforceable. Nevertheless, section 3, regarding “Severability and Related Issues,” specifically provides that the court, not th...

Excerpt: ...ent by changing prior testimony on which the motion is based. “On summary judgment, a party cannot simply change its story, submitting a declaration that contradicts its prior discovery 1 Counsel failed to inform the court of the aggregate number of pay‐periods in the PAGA period, so the court is unable to calculate the amount each aggrieved employee will receive for each pay‐period worked during the PAGA period. This information must be pr...

Excerpt: ...ourt 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 ex...

Excerpt: ... “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...

Excerpt: ...pp.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 ...

Excerpt: ...“broad discretion in making this determination.” (In re Microsoft I‐V Cases (2006) 135 Page 7 of 8 CVS26090622 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: ... “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...

Excerpt: ... 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, the ...

Excerpt: ...the San Bernardino City Unified School District until he was terminated on March 4, 2019, because he told a fifth‐ grade student, “If you were my child, I would have slapped or smacked you.” (Pet. ¶2.) During the administrative appeal hearing, Respondent stipulated to the fact that the child was joking when he reported that Petitioner “attempted” to slap him. (Pet. ¶5.) The administrative law judge (ALJ) hearing the administrative app...

Excerpt: ..., which contains ten subparts. Code of Civil Procedure section 2030.060, subdivision (f), explicitly forbids subparts. Defendant correctly raised the objection, and plaintiff did not address it in the moving papers. The motion is therefore denied. Document Requests Request No. 30 seeks all documents and communications that refer, relate to, or contain any customization requests or other design, material, component, or manufacturing specifications...

Excerpt: ... 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, the ...

Excerpt: .... (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 trial...

Excerpt: ....App.4th 322, 337.) The court has “broad discretion in making this determination.” (In re Microsoft I‐V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include “the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in settlement, the extent of discovery completed and the stage o...

Excerpt: ...ot 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 actio...

Excerpt: ...ported agreements attached to the Gentry Declaration are incomplete, though this appears to be an oversight and plaintiffs have provided complete versions to the court. Notwithstanding these defects in the moving papers, the moving party can meet its “initial burden to show an agreement to arbitrate by attaching a copy of the arbitration Page 2 of 9 CVS26082522 agreement purportedly bearing the opposing party's signature.” (Espejo v. Southern...

Excerpt: ... director, agent, or employee” of defendant Vitco who “caused” the alleged violations of the Labor Code. Defendants do not dispute that if sufficiently alleged, Plaintiff may recover civil penalties against Vitakis under Labor Code sections 558 and 1197.1, as part of his PAGA claim.1 Labor Code section 558, subdivision (a), imposes civil penalties upon “[a]ny employer or other person acting on behalf of an employer who violates, or causes...

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: ...lugged in a bathroom wall at Los Osos High School. The camera recorded images of the locker room and pool area. Plaintiff was a female student during the Page 3 of 11 CVS26082322 period the camera was believed to be in place. She frequently used the locker room near the swimming pool to change her clothes. She brings the class action on behalf of herself and other female students who attended Los Osos High School between January 1, 2015 and Augus...

Excerpt: ...d Karon LLC as Interim Lead Counsel This motion seeks an order that is meaningless within the procedural posture of this case. There is only one named plaintiff and only one law firm representing that plaintiff. 1 Presumably, the motion is filed prophylactically, in anticipation that other lawyers will seek to represent the class in this case. But at present, there are no other lawyers. There is a related case with different lawyers (see No. 12 o...

Excerpt: ... in the lawsuit expands the group of aggrieved employees substantially, and likewise expands the scope of discovery. Defendants therefore move to bifurcate discovery, requiring plaintiff to prove that he is an “aggrieved employee” of each defendant before proceeding with discovery directed to that entity. Sequencing discovery is permissible under Code of Civil Procedure section 2019.020, subdivision (b). The motion, however, runs counter to W...

Excerpt: ...s “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 experienc...

Excerpt: ...ons were unenforceable. (See Viking River Cruises, Inc. v. Moriana (2022) 596 U.S. __ [142 S.Ct. 1906, 213 L.Ed.2d 179].) Now, if the Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs, such agreements are enforceable, unless, of course, they are unenforceable on a different ground, such as unconscionability. Plaintiff's opposition to the motion, however, was submitted before publication of Viking River Cruises, and therefore relies primaril...

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: ...022, 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 moving party establishes a proper ground for relief, by proper procedure and within the appropriate periods. (Cruz v. Fagor America,...

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 exte...