Excerpt: ...-hour class action asserted by a mechanic against his former employer. On March 3, 2022, Plaintiff filed this matter seeking to represent all of Defendant's current and former hourly, non-exempt California employees during the statutory period. His suit alleges (1) wage violations; (2) wage statement violations; (3) waiting time penalties; and (4) violation of the unfair competition law. Relevantly, Olid v. Westrux International, Inc., et al, Cas...

Excerpt: ... 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 action status through trial, the ...

Excerpt: ...ctions 2 6. Motion to Compel Resp. to Special Interrogatories, Set Two & for Sanctions 2/9/23, 8:30 a.m., Dept. S17 Preliminary: The underlying discovery was all served via email, but the submitted declarations do not indicate why such service is appropriate. (See Rules of Court, rule 2.251(b).) However, the Court notes the parties prior filings have utilized also uniformly used email service, and thus the Court will inquire regarding the appropr...

Excerpt: ...the Mansukhani Action. The Court would GRANT and take judicial notice of the existence of the referenced court documents. Although a court may take judicial notice of the existence of judicial opinions, court documents, and verdicts, it may not take judicial notice of the truth of the hearsay statements within or of the factual findings made in those other actions. (Johnson & Johnson v. Superior Court (2011) 192 Cal.App.4th 757, 768.) As to Cross...

Excerpt: ...eme Court's holdings in Adolph v. Uber Technologies. Case Summary On January 18, 2022, Plaintiff Donna Thomas filed this putative wage‐and‐hour class action against Defendant Ocelot Engineering, Inc. The operative First Amended Complaint (FAC) added a cause of action for civil penalties under the PAGA. The FAC alleges causes of action for (1) failure to pay minimum wages; (2) failure to pay overtime compensation; (3) failure to provide meal p...

Excerpt: ...; 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 offered in s...

Excerpt: ...enticated with no indication of author, custodian, date, purpose, reliability or veracity].) As to Plaintiff's Motion for Prejudgment Possession The Court would GRANT SBCTA's Motion for Prejudgment Possession. Case Summary This is an eminent domain action for the acquisition of a permanent street easement and temporary construction easement over a portion of 931 W. Holt Boulevard in Ontario, California. On March 29, 2022 SBCTA filed its suit agai...

Excerpt: ...en (Riden), who was a locker room attendant and assistant coach, placed at least one hidden camera in the girls' bathroom. Plaintiff brought her action originally on December 14, 2021, hoping to represent herself and other female students who attended the subject school any time between January 1, 2015 and 7 August 24, 2021. The Court sustained the District's demurrer with leave to amend on November 21, 2022, and Plaintiff her First Amended Compl...

Excerpt: ...ital Med. Center v. Belshe (1997) 56 Cal.App.4th 819, 831 [trial court rulings have no precedential value].) On the Motion to Compel Arbitration: 1. Defendant's Motion to Compel Arbitration of Plaintiff's non‐PAGA claims is GRANTED. 2. The Court would DELEGATE the decision whether arbitration may proceed on a class basis to the arbitrator. 3. Plaintiff's PAGA claim is STAYED pending completion of arbitration 3 Case Summary Plaintiff filed this ...

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