Excerpt: ...upp. Rogina Decl. ¶6.) There is no dispute regarding whether the broad arbitration provision contained in the employment handbook, if enforceable, would cover Plaintiffs' wage and hour claims. It provides for mandatory arbitration of “any claim, complaint, or dispute that relates in any way to the Parties' employment relationship . . . .” (See Ex. C at § 10.1BC.) Defendant submitted receipt and acknowledgment forms indicating each Plaintiff...

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: ... Before Viking River, PAGA claims were not subject to arbitration under any circumstances. In Viking River, however, the Court held, contrary to Iskanian v. CLS Transp. Los Angeles LLC (2014) 59 Cal.4th 348, 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 La...

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...

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: ...laims were not subject to arbitration under any circumstances. In Viking River, however, the Court held, contrary to prior California precedent, 1 that under the Federal Arbitration Act, 9 U.S.C., section 1 et seq. (FAA), a PAGA action is divisible into “individual” and “nonindividual” components. In the Viking River lexicon, an “individual” PAGA claim is one based on Labor Code violations allegedly suffered by the named plaintiff, wh...

Excerpt: ...ement 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 plaintiffs' case, the risk, expense, complexity and likely duration of ...

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: ... when the parties are numerous, and it is impracticable to bring them all before the court . . . .” [Citations omitted.] Drawing on the language of Code of Civil Procedure section 382 and federal precedent, we have articulated clear requirements for the certification of a class. The party advocating class treatment must demonstrate the existence of an ascertainable and sufficiently numerous class, a well‐defined community of interest, and sub...

Excerpt: ...6. Before Viking River, PAGA claims were not subject to arbitration under any circumstances. In Viking River, however, the Court held, contrary to prior California precedent,5 that under the Federal Arbitration Act, 9 U.S.C., section 1 et seq. (FAA), a PAGA action is divisible into “individual” and “nonindividual” components. In the Viking River lexicon, an “individual” PAGA claim is one based on Labor Code violations allegedly suffer...

Excerpt: ...p.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 t...

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: ...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 the...

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: ... pay minimum wages; (3) failure to pay overtime wages; (6) waiting time penalties; (7) failure to maintain adequate records; (8) failure to reimburse; (9) unlawful deductions; (10) failure to provide wage statements; (11) violation of the Unfair Competition Law (UCL); (13) intentional misclassification; and (14) penalties under the Private Attorney General Act (PAGA). Defendants answered. HDL (and RH by joinder) moved for summary adjudication of ...

Excerpt: ...vide a particular education service, contractual principles apply. (Id. at p. 826; Abuelhawa v. Santa Clara Univ. (N.D.Cal. 2021) 529 F.Supp.3d 1059, 1065.) General promises or expectations, however, are insufficient to support contractual obligations. (Kashmiri at p. 826; Abuelawa at p. 1065.) Not all statements in a school's publication will give rise to contractual obligations. (Kashmiri at p. 829.) The promises identified in this case relate ...

Excerpt: ... 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 the pr...

Excerpt: ...e 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: ...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: ...ses, Inc. v. Moriana (2022) 142 S.Ct. 1906. Before Viking River, PAGA claims were not subject to arbitration under any circumstances. In Viking River, however, the Court held, contrary to prior California precedent, 1 that under the Federal Arbitration Act, 9 U.S.C., section 1 et seq. (FAA), a PAGA action is divisible into “individual” and “nonindividual” components. In the Viking River lexicon, an “individual” PAGA claim is one based...

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: ...h 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 the p...

Excerpt: ...ad 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 and vi...

Excerpt: ...on sites in California. Most of the raw materials used to manufacture the ready‐mix concrete came to the plant from California suppliers. Fly ash, however, was manufactured out of state and was used in the approximately 13% of ready‐mix concrete delivered by plaintiff. This tenuous connection” to interstate commerce is insufficient to transform plaintiff into a “transportation worker” who is exempt from the FAA. Plaintiff, an exclusivel...

Excerpt: ...River, PAGA claims were not subject to arbitration under any circumstances. In Viking River, however, the Court held, contrary to prior California precedent, 4 that under the Federal Arbitration Act, 9 U.S.C., section 1 et seq. (FAA), a PAGA action is divisible into “individual” and “nonindividual” components. In the Viking River lexicon, an “individual” PAGA claim is one based on Labor Code violations allegedly suffered by the named ...