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: ...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: ...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: ...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: ...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 ...