Excerpt: ...3) breach of loyalty; (4) intentional interference with prospective economic advantage; (5) unfair competition; and (6) unjust enrichment. Plaintiff essentially alleges that, unbeknownst to it, Defendant Urbina incorporated JNS Supplies, Inc. (Defendant JNS) and forwarded information and trade secrets to it in order to steal Plaintiff's business. On March 24, 2021, Defendant Urbina cross‐complained against Plaintiff and others alleging (1) fail...

Excerpt: ..., Rule 3.1113(l).) The Court further finds them irrelevant and unnecessary. As to the Motion to Stay: DENY. No authority is provided for a unilateral stay of the case pending compliance with Discovery Orders. As to the Motion to Compel & Sanctions: The Court GRANTS 2 the motion to compel supplemental responses as follows: 2 The parties may hire a discovery referee if discovery is to remain contentious. To the extent that is cost prohibitive, the ...

Excerpt: ...s case, the Plaintiffs are Adam Ali (an infant at the time of alleged facts), Yadira Trujilla (mother, for herself and as guardian), and Mohammad Ali (father). In essence, the Plaintiffs allege that on March 31, 2022, the parents entered a childcare agreement with Defendant KA of Rancho Cucamonga (sued as “Kiddie Academy”) to care for their infant and his sister. Defendants Moore were agents of Kiddie, and Defendant Ferra was the director and...

Excerpt: ...w violations, 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 find that the plaintiff “has adequately represented the state's interests, and hence the public interest.” (Id. at p.89.) The LWDA must be notified of the settlement and be given an opportunity to object. The court may looks to parallel class action guidelines to determine what is “fai...

Excerpt: ... v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 126; Reed v. United Teachers Los Angeles 1 The unilateral insertion of new class representatives into the pleading caption sheet is improper without some sort of amendment. (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 s...

Excerpt: ...nd 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 the plaintiffs' case, the risk, the expense, complexity and likely duration of further litigatio...

Excerpt: ...or Court; and (4) the unpublished Court of Appeal Opinion in Rosenstiel v. Alpha Beta Gamma Trust. The Court GRANTS the unopposed requests. The Court also takes sua sponte notice that individual Plaintiff Eric Scott Rosensteil is named on the Judicial Council's Vexatious Litigant List. Thus, Mr. Rosensteil will be subject to a pre‐filing ORDER that prohibits him from filing any new litigation in pro per without first obtaining permission from t...

Excerpt: ... Causes of Action. 2. SUSTAIN without leave to amend Defendant District's Demurrer as to the Eighth Cause of Action. As to the Motion to Strike: 1. GRANT without prejudice Defendant District's contemporaneous Motion to Strike as to the prayer for treble damages but DENY the motion as to the prayer for attorneys' fees. Case Summary Plaintiff in this matter filed suit on July 11, 2022, alleging essentially sexual abuse of a minor by a middle school...

Excerpt: ...fair business practices under B&P 17200. On September 8, 2022, Plaintiffs filed a First Amended Complaint (FAC) adding a Private Attorneys General Act (PAGA) claim for penalties. In essence, Plaintiffs allege that they were employed by Defendants as non‐exempt, hourly employees in their foodservice supply chain workforce and that Defendants failed to accurate calculate meal‐and‐rest period premium pay. There were various other related cases...

Excerpt: .... The First Amended Complaint added Plaintiff Enrique Ramirez and a PAGA cause of action by him. Subsequently, both Naudin's (and his individual and class claims) and Ramirez's (and his PAGA) claims were dismissed. Plaintiff Trumbo continued to pursue her wage‐and‐hour individual and class causes of action until her motion for class certification was denied. After that, she dismissed her individual claims. On October 10, 2019, Plaintiff Rober...

Excerpt: ... 56 Cal.App.4th 819, 831 [trial court rulings have no precedential value].) As to Plaintiff's Objections to Defendant's Evidence1 Objection 1 – Plaintiff objects plainly to the entire declaration, claiming lack of foundation and personal knowledge, conclusory, and improper opinion and speculation. There are many portions of the declaration which are obviously not objectionable – like the declarant stating her name and position. OVERRULED. Obj...

Excerpt: ... 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 the plaintiffs' case, the risk, the expense, complexity and likely duration of further litigation, the risk of maintaining class ...

Excerpt: ...resent labor law violations, 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 find that the plaintiff “has adequately represented the state's interests, and hence the public interest.” (Id. at p.89.) The LWDA must be notified of the settlement and be given an opportunity to object. The court may looks to parallel class action guidelines to determine...

Excerpt: ...ure to provide compliant wage statements; and 7) unfair business practices under B&P 17200. On October 25, 2022, Plaintiff filed a First Amended Complaint (FAC) adding a Private Attorneys General Act (PAGA) claim for penalties. In essence, Plaintiff alleges that she was employed by Defendant medical provider in San Bernardino County as an hourly, non‐exempt employee from October 2020 to approximately February 2021. She is joined by a class of 9...

Excerpt: ... to the Motion to Compel Arbitration 1. Prime Healthcare Anaheim, LLC's Motion to Compel Arbitration of Plaintiff's nonrepresentative PAGA claims is GRANTED 1 Counsel must provide a full lodestar analysis in the motion for final approval. 2 Costs must be documented. The court does not award costs for LEXIS or Westlaw usage (which are considered items of overhead), faxes (also overhead), or photocopying in excess of $0.06 per page. 2. Plaintiff's ...

Excerpt: ....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 the plaintiffs' case, the risk, the expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount...

Excerpt: ...re to reimburse; (7) failure to provide itemized wage statements; (8) failure to timely pay; and (9) civil penalties pursuant to the Private Attorneys General Act (PAGA). In essence, Plaintiff alleges that she was employed by Defendant as an hourly, non‐exempt employee from approximately 2002 to May of 2020. She is joined by a class of approximately 115 current and former hourly, non‐exempt workers who worked from January 22, 2017, through De...

Excerpt: ...he operative first amended complaint (FAC) alleges causes of action for (1) racial discrimination in violation of the California Fair Employment and Housing Act (FEHA); (2) racial harassment resulting in hostile work environment in violation of FEHA; (3) failure to investigate and/or prevent discrimination, harassment, and retaliation in violation of FEHA; (4) intentional infliction of emotional distress (IIED); (5) violation of the Unfair Compet...