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