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: ...SA, 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 court is unable to make these findings because counsel has not provided the number of aggrieved employees who will participate in the settlement (actual or even estimated). The ...

Excerpt: ... failed to demonstrate any unreasonable delay, obstruction, or lack of substantial justification in producing the deponent. The delay resulted from deponent being on medical leave. In fact, the deposition was taken by Zoom while the deponent was still on medical leave, bedridden. The moving party has failed to establish substantial justification for filing the unmeritorious motion. Sanctions are therefore awarded to the City, assessed against cou...

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 t...

Excerpt: ...rifications, the parties agreed to the deadline. These motions are brought more than a year after either date (the deadline agreed to by the parties or the deadline ordered by the court). These motions are therefore denied. Set 2 of Requests for Production The requests embrace tax returns, balance sheets, profit and loss statements, and other documents demonstrating defendant's financial condition during the liability period. Defendant objects on...

Excerpt: ...claims asserted by plaintiff. The issue is whether Precise Distributions, a non-party, can enforce it under theories of third- party beneficiary, equitable estoppel, or agency. Third Party Beneficiary Plaintiff fails to demonstrate that the doctrine of third party beneficiary applies. A third party's rights under a contract are predicated upon the contracting party's intent to benefit that person. (Civ. Code, §1559; Hess v. Ford Motor Co. (2002)...

Excerpt: ...ir of the Judicial Council of the removal, but indicated that the coordinated proceedings would remain open due to the possibility of remand. On April 13, 2022, counsel informed the court that the matters were remaining in federal court. This court therefore scheduled an order to show cause why the coordinated proceeding should not be closed on June 24, 2022. On June 24, counsel advised the court that the matters were settling and that a motion f...

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: ...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: ...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 proceedi...

Excerpt: ...e step process for determining whether an arbitration agreement exists: (1) the moving party bears the burden of producing prima facie evidence of a written agreement to arbitrate the controversy by either attaching a copy of the arbitration agreement with the opposing 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 a...

Excerpt: ... same arbitration agreement. Counsel, therefore, are directed to the court's tentative ruling in Martinez. In this case, however, plaintiffs argue that the agreement is unconscionable. Unconscionability is the absence of meaningful choice on the part of one of the parties together with contract terms, which are unreasonably favorable to the other party. (Allan v. Snow Summit (1996) 51 Cal.App.4th 1358, 1376.) Unconscionability has procedural and ...

Excerpt: ... Complaint, and First Amended Complaint. (See, Declaration of Torey Joseph Favarote (“Favarote Decl.”), ¶¶ 2‐8.) On July 7, 2022, 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...

Excerpt: ... 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 Lab...

Excerpt: ...llegedly required by statute and Caltrans' internal policies. Petitioner alleges that Caltrans purchased approximately five acres of land as part of an I‐210 freeway development project. Due to design changes for the freeway, the land remains unused and vacant. On April 1, 2017, Caltrans and Petitioner entered into a two‐year lease for Petitioner to use the land for Caltrans‐related work. Through later lease amendments, Petitioner continues...

Excerpt: ...legedly required by statute and Caltrans' internal policies. Petitioner alleges that Caltrans purchased approximately five acres of land as part of an I‐210 freeway development project. Due to design changes for the freeway, the land remains unused and vacant. On April 1, 2017, Caltrans and Petitioner entered into a two‐year lease for Petitioner to use the land for Caltrans‐related work. Through later lease amendments, Petitioner continues ...

Excerpt: ... same arbitration agreement. Counsel, therefore, are directed to the court's tentative ruling in Martinez. In this case, however, plaintiffs argue that the agreement is unconscionable. Unconscionability is the absence of meaningful choice on the part of one of the parties together with contract terms, which are unreasonably favorable to the other party. (Allan v. Snow Summit (1996) 51 Cal.App.4th 1358, 1376.) Unconscionability has procedural and ...

Excerpt: ... 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 Lab...

Excerpt: ...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 proceedi...

Excerpt: ...AGA 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...

Excerpt: ...ing 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 claim is one ba...

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: .... CIVSB2217699, she asserts the same claim, but for penalties under the Labor Code Private Attorney General Act of 2004, Labor Code section 2698 et seq. (PAGA), for the time period June 16, 2021, to the present. Defendant demurs to both complaints. Because the issues are the same in both cases, the parties stipulated for a single opposition, reply, and hearing. Labor Code section 226, subdivision (a), lists nine items an employer must include in ...

Excerpt: ... 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 Co...

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...