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: ...-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: ...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: ...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: ...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: ...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: ...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: ... (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...