Excerpt: ...lighting, an d mechanical systems. Despite being covered by express and implied warranties, the vehicle's manufacturer (Defendant) was unable to fix the vehicle, despite a reasonable number of attempts. Defendant also allegedly failed to replace the vehicle or make res titution. As a result, Plaintiff filed the instant suit against Defendant on May 2, 2022, for (1) violation of Section 1793.2 of the Song Beverly Consumer Warranty Act (Act), whi...

Excerpt: ....App.4th 116, 12 6; 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 streng th 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 a...

Excerpt: ...llowing the deat h of the original plaintiff, a Second Amended Complaint (SAC) was filed on January 11, 2023, to substitute in Plaintiff Santos. The operative SAC alleges violations related to (1) meal periods; (2) rest breaks; (3) overtime wages; 3Counsel must provide a f ull lodestar analysis in the motion for final approval. 4Costs must be documented. The court does not award costs for LEXIS or Westlaw usage (which are considered items of ov...

Excerpt: ...solidated the matte rs. The operative claims are for violations relating to (1) overtime; (2) meal periods; (3) rest breaks; (4) minimum wages; (5) final pay; (6) wage timeliness; (7) wage statements; (8) payroll records; (9) reimbursements; as well as (10) violations of the unfair competition law; and (11) civil penalties pursuant to PAGA. Per the terms of the currently proposed settlement, Plaintiffs would represent all of Defendant's current ...

Excerpt: ...red. As such , they brought a petition to release the lien on or about May 13, 2021. Defendant answered on November 19, 2021. Relevant here, Plaintiffs moved for judgment on the pleadings due to the answer being unverified. The Court granted that motion on S eptember 12 , 2023, with thirty (30) days of leave to amend. More than thirty (30) days passed with no amended answer and this motion followed. However, upon leave of the Court, a verified ...

Excerpt: ...rican and We lls Fargo. However, the Court would DENY Defendants' request for monetary sanctions. Case Summary This is a post -judgment collection effort. On February 28, 2022, Judgment Creditor file a renewal of judgment against Defendants. Relevant here, on in the fall of 2023, the Judgment Creditor sent a number of subpoenas to the Defendants' relevant business entities. On November 29, 2023, Defendants filed a motion to quash the fifteen s...

Excerpt: ...semi from Defendants on March 15, 2022. They allege that Defendant's agent asserted that the vehicle was in conformity with emissions guidelines and had a successful DOT inspection. (FAC, ¶17.) Plaintiffs assert they relied on those representation. Despite the representations, they assert that the vehicle began smoking a week later, and that it was later determined to be inoperable. After attempting to have Defendants address the issues, Plainti...

Excerpt: ...y 2, 2022, P laintiff filed his first suit (Complaint #1) for (1) setting aside a fraudulent trustee's sale; (2) fraudulent conveyances; (3) fraud and conspiracy to commit fraud; (4) declaratory relief; (5) conspiracy to commit fraud; (6) slander of title; (7) intentio nal misrepresentation; (8) unconscionability; (9) fraudulent conversion; (10) cancellation of false documents; (11) quiet title; (12) intentional interference with economic advan...

Excerpt: ...the Motio n to Strike: The Court would DENY as moot given its ruling on demurrer. Case Summary This is a sexual abuse case. Plaintiff alleges that she was sexually abused in 1988, when she was eight years old, by “Doe 3,” who was later identified as a teacher at the Defendant School District. At the time, Plaintiff was in foster care and under the custody and control of a statelicensed foster home. The abuse allegedly was extensive and conti...

Excerpt: ...e 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) 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 likel...

Excerpt: ...e accident by running a red light and sought monetary damages at trial. Defendant contested the nature and extent of Plaintiff's claimed injuries and damages. Relevant here, Defendant served Plaintiff an offer to compromise pursuant to Section 998 of the Code of Civil Procedure on March 16, 2023. That offer sought to resolve the matter for $50,001. Plaintiff did not accept that offer and the matter proceeded to a jury trial. As a result, on Febru...

Excerpt: ...ees, missing items, un paid laundry use, legal and office expenses, travel time[,] gas and expenses to Court, postage, etc., as well as for Malice, Abuse, Libel, Slander, Defamation, Nuisance 1161(4) 4 [and] Conspiracy to Defraud.” (Compl., 1:22 -24.) Defendant Scott filed a “M oti on to D i s mi ss” o n D ec emb er 22, 203, and the pro per Defendants all filed general denials on February 6, 2024. The “Motion to Dismiss” is also writt...

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: ...ation. Plai ntiff will have thirty days to leave to amend. Case Summary This is an insurance coverage dispute. Plaintiffs are married homeowners. Defendants Bamboo and Catlin are insurers. Other defendants are various adjusters and administrators for the atissue claim . Plaintiffs maintained a policy with Defendant Catlin for the period March 2, 2020, through March 2, 2021. Plaintiffs allege Defendant Bamboo is co -insurer or alter ego of Defenda...

Excerpt: ...tion.. Case S ummary This is a personal injury case. Plaintiff alleges that on or about April 26, 2019 he was injured when he stepped onto a nail that was exposed on a pallet at Defendant Home Depot's store. Plaintiff alleges that Defendant's negligence in handling and maintaining the pallets led to the injury. On May 6, 2021, Plaintiff filed a single cause for negligence. On June 3, 2022, Intervenor Amerisure Insurance filed a Complaint -in -I...

Excerpt: ...(2) minimum wag es; (3) meal periods; (4) rest breaks; (5) final pay; (6) accurate wage statements; as well as (7) violation of the unfair competition law. By October 26, 2022, Plaintiff had filed his First Amended Complaint (FAC) to add a claim for civil penalties under the Private Attorneys General Act (PAGA). Plaintiff seeks to represent all non -exempt employees working in California during the statutory period. (FAC, ¶22; compare Settleme...

Excerpt: ...e the General Manager of the project. PETI delegated many of its duties to Defendant Facility Services Management Company (FSMC). On September 29, 2021, FSMC entered a contract for Plaintiff's benefit for the purchase of a pre -engineered steel 3 building from Defenda nt 98 Leaf dba “Flex Plus”. While Plaintiff made various deposits in satisfaction of its obligations and served Flex Plus with a demand for assurances to obtain the status of m...

Excerpt: ...Private Attor neys General Act (PAGA). Per the terms of the currently proposed settlement, Plaintiff would represent a class of current and former nonexempt workers in Defendant's California operations from April 21, 2018 through September 17, 2023. (Settlement, ¶¶6 [“C lass”] & 10 [“Class Period”].) The PAGA period would be a year from the LWDA filing. After commencing the litigation, the parties engaged in discovery, with Defendant p...

Excerpt: ...App.4th 116, 1 26; Reed v. United Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has “broad discretion in making this 3 determination.” (In re Microsoft I -V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include “the s trength 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: ...Summary T his is a real estate dispute. Plaintiff owns property within a shopping center. Defendants also have interests in that center. The shopping center is subject to a declaration of restrictions and reciprocal easements that are binding on all parties. Plainti ff alleges that Defendants interfered with Plaintiff's property rights. For example, Plaintiff alleges that Defendants imposed time limits on certain parking spots, locked access to t...

Excerpt: ...ative action for civil penalties pursuant to the Private Attorneys General Act (PAGA). Plaintiff alleges she worked for Defendants as a non- exempt Parts Sales Manager from 2019 to 2022. (Compl., ¶10.) On August 3, 2023, Plaintiff filed her PAGA action alleging violatio ns relating to (1) overtime; (2) meal periods; (3) rest breaks; (4) final pay; (6) wage statement requirements; (7) reimbursements; (8) vacation pay; and (9) the provision of a...

Excerpt: ...ement for thre e (3) storage units, owned and operated by 3855 IH 35 North, LLC (sued as “Phelan Self -Storage”). (SAC, ¶32.) The storage units were necessary to store “personal property,” including various family heirlooms. The units were being paid by automatic withdraw al from an account jointly owned by Plaintiffs' grandmother; their mother; and their aunt, Defendant Sheli Young. On or about January 16, 2021, Plaintiffs' mother passe...

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 plainti
¯s case, the risk, the expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount o...

Excerpt: ...n November 2, 2020, Plainti
¯ sought to represent all non-exempt current and former employees in California during the stator period. Plainti
¯ served the LWDA with a notice of violations, and Þled a 3 Private Attorneys General Act (PAGA) complaint on January 11, 2021. The two matters were consolidated on November 15, 2021. After commencing litigation, the parties informally exchanged policy and payroll documents and other information su
¯ici...

Excerpt: ... a wage-and-hour class action. Plainti
¯ alleges he worked or Deendants Changing Lives Sta
¯ing (a sta
¯ing company) and Nongshim (a ood manuacturing company) as a non-exempt employee until December 10, 2022. On May 11, 2023, he Þled suit seeking to represent all similarly situated non-exempt, hourly employees working or D e e n d a n t s i n C a l i o r n i a d u r i n g t h e s t a t u t o r y period. His suit alleges violations rela...