Excerpt: ...al.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: ...f counsel disagree with this statement, please advise the court.) The petition, filed by defendant, is opposed by Martinez, primarily on the ground that defendant has a special demurrer pending in Tanner based on the doctrine of exclusive concurrent jurisdiction. If the demurrer is successful, Tanner will be abated pending resolution of Martinez, thereby obviating the need for coordination. The demurrer is scheduled for hearing on October 26, 202...

Excerpt: ...is 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 counsel, the presen...

Excerpt: ..., and seeks penalties for all the same labor Code violations alleged in this case. Therefore, this case is subsumed entirely by the claims asserted in the Rivera PAGA action. The Rivera PAGA action, however, has been stayed pending resolution of the Rivera class action, pending in District Court. The Rivera class action, while alleging the same Labor Code violations as this case, seeks damages on behalf of a putative class. There is no PAGA compo...

Excerpt: ...his 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 counsel, the prese...

Excerpt: ...ontinued to a later date. 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 this determination.” (In re Microsoft I‐V Cases (2006)...

Excerpt: ...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 counsel, the pres...

Excerpt: ...etion 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 c...

Excerpt: ...his 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 counsel, the prese...

Excerpt: ...rmination.” (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 counsel, the presence of a...

Excerpt: .... The state receives 75% of the net, or $107,093.10, and the aggrieved employees share in 25% of the net, or $35,697.70. With 517 aggrieved employees, the average receipt is $69.05. With 9,761 pay‐periods during the PAGA period, each aggrieved employee will receive $3.66 for each pay‐period worked. The motion, however, seeks reimbursement of $1,465.75 for “Cumulative Copies, Faxes, Scans, Telephone Charges, [and] Postage.” Faxes, scans, a...

Excerpt: ...king 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 counsel, the...

Excerpt: ...meet and confer, in person or by telephone, with counsel for the party who filed the pleading subject to the judgment on the pleadings motion “for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the motion for judgment on the pleadings.” (Id. § 439, subd. (a).) Defendant's motion does not include a declaration of counsel addressing the meet and confer requirement. Counsel must confirm at the...

Excerpt: ...ion 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 cou...

Excerpt: ...ions, number of class members, number of work weeks for the class, the number of aggrieved employees and pay‐ periods for the PAGA settlement, etc. There is no declaration of the representative attesting to her work and the value she brought to the litigation. Additionally, the motion itself appears to contain a major discrepancy in arithmetic. The net class settlement—assuming the accuracy and reasonableness of the deductions for the request...

Excerpt: ...ases (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 counsel, the presence of a governmental participant, and the rea...

Excerpt: ... 116, 126.) Factors the court must 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 counsel, the presence of a governmental participant, and the reaction of the class members to the p...

Excerpt: ...ded by two, with 50% ($405,730.84) payable to the Arnold class and 50% (also $405,730.84) payable to the El Nasleh class. (Counsel should confirm that the costs payable to the two law firms are added together and deducted from the gross, such that the two net settlement funds will be equal in amount.) 1 As discussed below, some of the costs sought may not be recoverable. If the court eliminates these costs from recovery, the net settlement amount...

Excerpt: ... paraphrase the statute but fail to allege sufficient facts to support a claim. (See Hawkins v. TACA Internat. Airlines, S.A. (2014) 223 Cal.App.4th 466, 478‐479; Rojas v. Brinderson Constructors, Inc. (C.D. Cal. 2008) 567 F.Supp.2d 1205, 1208–1209.) But the complaint does not plead a separate cause of action for violation of section 2810. Rather, it appears plaintiff relies on alternative theories of liability for the wage and hour violation...

Excerpt: ...e of the cost memorandum. The last day to file was December 13, 2022. Plaintiff attempted to file the motion on December 14, 2021, but the filing was not accepted due to various defects. Ultimately, the motion was not actually filed until January 12, 2022. But even if the court were to accept plaintiff's arguments and determine that the attempt to file on December 14 should be construed as an actual filing, it was still one day late. The motion i...

Excerpt: ...S260070622 First, defendant has failed to provide testimony from a qualified representative of defendant or other evidence to support defendant's trade secret/confidential information objection, nor has defendant provided testimony or other evidence demonstrating an inability to redact information sufficient to protect defendant's interests. Second, defendant has failed to produce evidence of inadequate security measures in plaintiff's counsels' ...

Excerpt: ...lained below, both petitions are denied. Section 303 of the County Charter governs the elections and terms of office of the County's elective officers, and provides in part: All elective County officers shall be elected at the general election at which the Governor is elected, and shall take office at noon on the first Monday after the first day of January next succeeding their election and shall hold office until their successors are elected or ...

Excerpt: ...e terms of the individual settlement and its basis, including the reasons for dismissal of the class claims, to assure that the State, Page 2 of 2 CVS260062922 the putative class members, and the other aggrieved employees are not being shortchanged. Many if not most PAGA settlements include a so‐called “incentive award” paid to the named representative to compensate that individual for the extraordinary effort involved in bringing the suit....

Excerpt: ...oard Resolution No. 20.21.17, “Resolution to Release and Reassign Certificated Administrative Employees Pursuant to Education Code 44951” (Exh. F); 6. District Board Minutes for March 23, 2021 meeting (Exh. G); 7. District Board Resolution No. 20.21.19, “Resolution to Release and Reassign Certificated Administrative Employees Pursuant to Education Code 44951” (Exh. H); and 8. District Board Minutes for May 11, 2021 meeting (Exh. I). Stric...

Excerpt: ... if so, on what grounds. Coordination requires a finding that the cases are complex. Some courts designate PAGA cases as complex and some do not. The latter choice, however, is based more on an administrative rule for judicial assignment to accommodate judicial case loads, as opposed to a case‐specific analysis of complexity. In any event, no authority is cited for the proposition that the designation on the civil cover sheet is controlling for...

Excerpt: ...endant did not challenge that. No new cause of action is asserted in the amended complaint. Rather, plaintiff seeks to add factual allegations to support the existing causes of action. Defendant does not explain how standing that is already pled is lost by the amendment. Under the false advertising and fraudulent prong of a UCL claim, the named plaintiff must show actual reliance on the false advertisement or misrepresentation. (In re Tobacco II ...

Excerpt: ...ast Community Clinic (filed Nov. 30, 2021) 2021 Cal. App. LEXIS 992 as legal authority, not as evidence. Judicial notice is unnecessary and improper. Judicial notice is denied. Ruling on Evidentiary Objections: Sustained. Defendants submitted a declaration of Michele Carroll, a Human Resources manager, who testifies to material facts based on her review of email archive records and Plaintiff's employment records. Those records, however, have not ...

Excerpt: ...ployee “shall be compensated for rest and recovery periods and other nonproductive time separate from any piece‐rate compensation.” (Lab. Code, §226.2, subd. (a)(1); Gonzalez v. Downtown LA Motors, LP (2013) 215 Cal.App.4th 36, 52‐53.) Defendant Deckerargues that its compensation structure— providing that mileage‐based piece‐rate compensation includes all non‐driving, on‐duty time—is legally compliant. Decker employed Threadg...

Excerpt: ... the settlement. Counsel should provide evidence that the LWDA has been notified of the pending PAGA settlement. (This can be deferred to final approval.) Counsel should also provide the estimated number of aggrieved employees and aggregate number of work‐weeks or pay periods in the PAGA period. Page 2 of 4 CVS260060222 15. Sampson v. GJ Gentry General CIVDS1926604 Motion to Compel Arbitration Tentative Ruling: Do arbitration agreements exist? ...

Excerpt: ...n one year later. He filed suit on September 20, 2021. Defendant's position is straightforward: Notice to the LWDA must be filed within one year of termination, and plaintiff was four months late. Therefore, he failed to timely exhaust his administrative remedies. Plaintiff's position is more complicated. Fundamentally, the argument seems to be that PAGA does not directly impose a time limitation for submitting the notice. The only time limitatio...

Excerpt: ... Rehabilitation (“CDCR”) to vacate approval of a project where CDCR Page 3 of 16 CVS260050922 proposes to build a fifty‐bed “Mental Health Crisis Facility” at the Chino Institute for Men (“CIM”). The project is one of several mental health facilities CDCR plans to build in response to an order from the United States District Court for the Eastern District of California, which found that CDCR lacked sufficient beds to meet the needs ...

Excerpt: ...dice the other aggrieved employees. The court requires an analysis of the individual claims. 4. The incentive fee ($5,000) may be unnecessary in light of the individual settlement. Counsel should address why both payments (individual settlement and incentive award) are appropriate. The court also needs a declaration from the representative explaining what she has done to warrant the incentive award. Page 2 of 3 CVS260050622 5. The settlement admi...

Excerpt: ...) (2012) 53 Cal.4th 1004, 2023.) With one possible exception, plaintiff has presented substantial evidence showing that each procedural requirement for class certification is present, which defendant fails to contest with contrary substantial evidence. The class is shown to be ascertainable, plaintiff's claims are shown to be typical of class claims, common questions of law and fact are shown to predominate over individual issues, the representat...

Excerpt: ...ing on the issue whether the class claims should be dismissed. Defendant has since acknowledged that arbitration of the individual claim is improper given the nature of the claim. The purported class action waiver is found within the “Employee Agreement to Arbitrate Disputes.” It provides: Except as otherwise required under applicable law, Employee and Employer expressly agree that: (1) class and collective action procedures are waived, and s...

Excerpt: ...nety days expired July 15, 2020. Petitioner did not file his petition in court until January 4, 2021. On September 4, 2020, however, Petitioner requested a second appeal. But under Ordinance 46, section 1‐1.105, subsection (c), the April 16, 2020, decision was “final.” There is no provision in the Ordinance for a second appeal whether before or after the ninety day statute of limitations for judicial review has expired. Therefore, the proce...

Excerpt: ...tay proceedings pending Viking River Cruises decision may be cited for persuasive value, if any, but since they are not controlling and are not evidence, judicial notice of them is denied. Similarly, papers filed in the Viking River Cruises case are irrelevant. The only fact that is relevant is that the United States Supreme Court has taken up the issue and will decide it shortly. Judicial notice of that fact is taken. A decision should be issued...

Excerpt: ...The petition alleges that DCSF is “acting in prejudice” against petitioner. She alleges that “Social worker Katherine Robinson made an abuse of discretion by wrongfully and incorrectly admitting false testimony …” These allegations are sufficient from a pleading standpoint. Whether the allegations are supported by the administrative record will be determined after a judicial review of that record applying the applicable standard of revi...

Excerpt: ...ter plaintiff's employment with defendant terminated. Neither Kim nor Johnson, on which plaintiff rely, is relevant to the issue before the court—whether plaintiff timely exhausted administrative remedies with the LWDA on a claim for penalties based on meal period violations. Kim held that settlement of an individual claim does not remove standing as an “aggrieved employee” to sue under PAGA. (The plaintiff was still an aggrieved employee a...

Excerpt: ... average receipt for class members (based on the numbers preliminarily provided in this motion) substantially—from $7,008.55 to $6,367.52, a difference of $641.03.1 With the limited information provided to the court, fairness of the settlement for the class is not demonstrated. The court requires additional information about the basis for the wrongful termination claim and why $25,000 is a reasonable settlement. Counsel 1 The motion erroneously...

Excerpt: ...imitations, and defendant obtained permission from the court to file its thirty page brief. (This court usually defers to requests by counsel concerning the length of briefs they consider to be necessary.) Nevertheless, the three briefs contain a remarkable 319 footnotes. Weil & Brown, Guide Civ. Pro. Before Trial (June 2021) Law and Motion, § 9:64.16‐17, advise lawyers: . . . don't try to evade the [] page limit by using lengthy, single‐ sp...

Excerpt: ...the United Page 2 of 2 CVS26041522 States Supreme Court in the Viking River Cruises case, which conceivably could reject the Iskanian rule in California that arbitration agreements and PAGA waivers are unenforceable in PAGA cases. Such a ruling could impact some or all of these coordinated proceedings. A decision by the Supreme Court is anticipated for late June or early July. As a practical matter, a motion to stay filed now is unlikely to be he...

Excerpt: ... Code violations alleged, it appears likely that plaintiff does not intend to include these “high‐level” employees in the class. Nevertheless, class definitions are often adjusted during the litigation, even as late as class certification. While the class definition may be overbroad (if plaintiff is not suing on behalf of employees properly classified as exempt), the complaint still alleges facts sufficient to constitute causes of action fo...

Excerpt: ...Cruises case, anticipated for late June or July of this year. To seek such relief, defendant should have filed a motion to stay.1 Therefore, the motion is unopposed. Nevertheless, the motion appears to be untimely. Defendant served its discovery responses on December 15, 2021, by mail. (Zakay Decl., ¶ 15, Ex. N) Therefore, 1 Setting aside defendant's failure to bring a separate motion, the request for a stay is odd. This action is a putative cla...

Excerpt: ...s a mistake. The proposed class references “Defendant,” but there are two defendants— National Retail Transportation Inc. and Keystone Freight Corp. The class definition needs to be clarified. The motion states that the average receipt by class members (given the estimated deductions provided for preliminary approval) is $3,333.54. According to the court's calculations, the average is actually $3,804.35. The basis for the $3,333.54 figure i...

Excerpt: ...in other trial‐level courts because they are not evidence. They have no precedential value. Nevertheless, they may be cited as non‐ controlling authority, of possible value to this court for their persuasive (or non‐persuasive) reasoning. The court grants judicial notice of the materials on file with the United States Supreme Court in the Viking River Cruises case for the limited purpose of understanding the issues to be decided by the Cour...

Excerpt: ...000. Defendant experienced difficulties obtaining all the medical records. Defendant had most of them by April 2016, but was still waiting for the records from one of plaintiff's main treatment providers when plaintiff made a demand for payment of the policy limits of $50,000, minus the $15,000 payment by the underinsured motorist's carrier. Page 4 of 8 CVS26040822 On June 28, 2016, defendant had notified plaintiff's counsel it had all the record...

Excerpt: ...ant's motion was not served at least 21 days before it was filed. Furthermore, the motion concerns the failure to dismiss of the complaint after plaintiff's deposition or discovery responses. Defendant could have proceeded with a motion for sanctions at that time, but did not do so. Instead, it proceeded with a motion for suumary judgment. By the time defendant went forward with the motion for sanctions, the complaint had already been dismissed. ...

Excerpt: ...d for the JPA pursuant to Evidence Code section 452, subdivision (b), which authorizes judicial notice for legislative enactments of public entities. Judicial notice is also granted for the complaint in Plaintiff's individual action pursuant to Evidence Code section 452, subdivision (d), which authorizes judicial notice of court records, with the caveat that judicial notice is limited to the fact that the complaint was filed and the allegations t...

Excerpt: ...nt of the PAGA period (if any) do not participate in the PAGA period. (If any class members had opted out of the class settlement—none did—they would still participate in the PAGA settlement if they worked during that time period.) Counsel should provide the total number of work‐weeks for the class settlement and the total number of pay periods for the PAGA settlement. The estimates provided at preliminary approval are likely grossly inaccu...

Excerpt: ...ered into an agreement (the “Pay Plan”), which included— among other terms—a mutual agreement to arbitrate .…” (Italics added.) The referenced agreement provides: “Both Free Energy and Employee agree … [to Page 2 of 2 CVS26040122 arbitrate.]” (Rago Decl. Exb. B, Italics added.) If, however, defendant contends plaintiff was an independent contractor, rather than an employee, there appears to be no basis for defendant to move to c...