Excerpt: ...emoval. A certiÞed copy of the order of remand shall be mailed by the clerk to the clerk of the State court. The State court may thereupon proceed with such case. (28 U.S.C. § 1447(c) [emphasis added].) 3 add two additional representative plainti
¯s2 and to allege class claims for (1) wage violations; (2) wage statement violations; (3) waiting time penalties; (4) failure to reimburse; (5) FLSA minimum wage violations; (6) unfair competition in...

Excerpt: ...respond to Question 5. She is also ordered to serve an objection-free response to RFP 6 within Þfteen (15) days. However, she need not respond to RFP 14. The Court would further GRANT sanctions. Plainti
¯ will pay Defendant JBGC $1,500, within thirty (30) days. 3 Relevant Facts This matter is, in essence, an emotional distress claim. After Plainti
¯s' minor daughter passed, they sought casket and funeral services from Defendants. They allege t...

Excerpt: ...s; (3) meal periods; (4) rest breaks; (5) Þnal pay; 5 (6) wage statements; as well as for (7) violation of the unfair competition law. Plainti
¯ also sent a letter to the LWDA in order to perfect her Private Attorneys General Act (PAGA) claim, and on August 17, 2022, she Þled a First Amended Complaint (FAC) to add an additional cause for (8) civil penalties available pursuant to PAGA. On April 12, 2023, Plainti
¯ Þled a Second Amended Compla...

Excerpt: ...ntive programs to lower their tax burdens. It asserts that it maintained trade secret, proprietary, and conÞdential systems to further its business. It further alleges that it hired Defendant Gan on April 9, 2018, via a Membership Admission Agreement and that, despite contractual obligations to maintain the conÞdentiality of those systems, Defendant Gan accessed and copied company Þles and secretly applied for employment at Specialty Tax Group...

Excerpt: ... action. Plainti
¯ alleges a variety of wage-and-hour violations which allegedly occurred during his employment for Defendant. On January 25, 2019, Defendant removed this matter to the federal District Court. On June 11, 2019, Plainti
¯ Þled his operative First Amended Complaint (FAC), which alleges violations relating to (1) meal periods; (2) rest breaks; (3) overtime wages; (4) minimum wages; (5) Þnal pay; (6) maintenance of required record...

Excerpt: ...hicle was sold to Defendant Kheterpal and that he was not paid any portion of the sales price. He alleges that he did not learn of the sale until midFebruary 2021. Despite promises to pay, he alleges the sales money was never provided. On that basis, he reported the vehicle stolen on March 1, 2021. The vehicle was thereafter retrieved at Defendant Kheterpal's residence. Plainti
¯ asserts damage while in Kheterpal's possession and necessary repai...

Excerpt: ... actions. In the Ruiz matter, the proposed class includes all of Defendant Bright Sky's hourly, non-exempt employees for statutory period of four years prior to Þling. Ruiz Þled suit on August 15, 2022, alleging violations related to (1) minimum wages; (2) overtime; (3) meal periods; (4) rest breaks; (5) reimbursements; (6) Þnal pay; (7) wage statements; as well as claims for (8) violation of the unfair competition law, and (9) civil penalties...

Excerpt: .... 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 settlement, the e...

Excerpt: ...reaks; (4) minimum wages; (5) final pay; (6) untimely pay; (7) wage statements; (8) recordkeeping; (9) reimbursements; as well as (10) violation of the unfair competition law. Later, and separately, Plaintiff Navarro filed his own wage- and-hour complaint on December 14, 2021, alleging the same causes of action. On September 28, 2022, the matters were consolidated pursuant to stipulated order. After commencing litigation, the parties informally e...

Excerpt: ...ve wage- and-hour class and PAGA representative achon on November 7, 2019. The allegations at issue include violations relating to (1) meal periods; (2) rest breaks; (3) minimum and overtime wages; (4) accurate wage statements; (5) waiting time penalties; as well as (6) violations of the unfair competition law and (7) civil penalties pursuant to PAGA. The Gutierrez matter additionally sought declaratory relief. After commencing litigation, the pa...

Excerpt: ...er 2, 2019. He alleges the subject vehicle had a defective transmission, and the defects manifested after the purchase. Despite taking it in for repairs, Plaintiff alleges that Defendant could not repair or remedy. On that basis, Plaintiff filed his initial complaint on August 26, 2023. The current operative Second Amended Complaint (SAC) was filed on May 31, 2023, following a demurrer, and alleges (1) breach of express warranty under the Song-Be...

Excerpt: ...air, 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 likely duration of further liti...

Excerpt: ...storage unit door at Defendant's storage facility on December 22, 2021. As such, on May 18, 2022, he filed suit against Defendants for (1) negligence; (2) premise liability; and (3) product liability. Relevant here, on September 26, 2023, Defendants StoreAmerica and Guardian issued a deposition subpoena to Dr. Fardad Mobin, seeking to depose the doctor on October 25, 2023 on the following areas of inquiry: (1) custom and practice for medical lien...

Excerpt: ... Case Summary This is a post-judgment collection effort. On February 28, 2022, Judgment Creditor file a renewal of judgment against Defendants. There are currently two hearings set for the examination of Defendants as judgment debtors. Relevant here, on November 7, 2023, Judgment Creditor issued numerous subpoenas for production of business records, mostly to financial institutions. (Walker Decl., 94.) On November 21, 2023, Defendants' counsel se...

Excerpt: ...t breaks; (5) final pay; as well as (6) violation of the unfair competition law. The FAC adds causes of action for (7) failure to provide accurate, itemized wage statements; as well as (8) civil penalties pursuant to the California Private Attorneys General Act (PAGA). The Court deemed that FAC as filed on September 6, 2023. The proposed settlement would have Plaintiff represent all current and former non-exempt employees working for Defendant in...

Excerpt: ...2/31/20); (3) Flowers v. unica' Aviation, Inc. (CIVSB2108699, filed 3/30/21); and, the Flowers companionate claim to recover attorneys' fees for an abandoned arbitration, (4) Flowers v. Unical Aviation, Inc. (CIVSB2106366, filed 5/27/21). In essence, these cases allege: (1) Unpaid overtime; (2) meal period violations; (3) rest period violations; (4) unpaid minimum wages; (5) final pay violations; (6) untimely pay; (7) inaccurate payroll records; ...

Excerpt: ...ok and account stated. Defendant filed an answer with a general denial on June 22, 2023. This motion followed on September 14, 2023. No opposition has been filed. Summary of the Law Summary judgment is proper where there is no triable issue as to any material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., S 437c(c).) The analysis requires three steps: First, the court must identify of the issues framed wit...

Excerpt: ...jections are OVERRULED. As to the Motion for Joinder: The Court would GRANT ABP's motion for joinder. As to the Motion to Compel Arbitration: The Court would GRANT the motion to compel arbitration of Plaintiff's Eighth through Thirteenth Causes. The Court would STAY the remainder of the action (First through Seventh Causes) pending completion of arbitration. Case Summary This is largely a disability discrimination and wrongful termination case. I...

Excerpt: ...trate that "the 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 ...

Excerpt: ...filed a complaint, alleging a single cause of action for medical malpractice. Statement of the Law California Rules of Court, rules 2.550 and 2.551, discuss sealing court records. A court order is required to seal a record. (Rules of Court, rule 2.551(a).) Code of Civil Procedure, secton 124, and Rules of Court, rule 2.550(c), set the basic policy presumption that "the sittings in every court shall be public" and court records are "presumed to be...

Excerpt: ...as well as (9) violation of the unfair competition law. The complaint alleged a class of hourly, non-exempt employees working as service representatives, tellers, and related positions. On April 26, 2022, Plaintiff filed a First Amended Complaint (FAC) to add a cause of action for civil penalties pursuant to the Private Attorneys General Act (PAGA). Relevant here, on September 13, 2022, Defendant moved to compel arbitration as to the individual a...

Excerpt: ...se for Invasion of Privacy, against the District. The Court would OVERRULE as to the First Cause for Intentional Infliction of Emotional Distress (IIED). As to the Motion to Strike: As a result of the preceding ruling on demurrer, the District's motion to strike is rendered MOOT. Defendant District will file its Answer within thirty (30) days and provide notice of the final ruling in this matter. Case Summary At essence, this is a putative class ...

Excerpt: ...cted categories. Plaintiff Vasek further contends he was denied protected leave. Plaintiff Pellis alleges he was subjected to comments about his sexual orientation, race, and national origin. Plaintiffs further allege that they were retaliated against for their complaints. As a result, they filed suit against Defendant City on December 1, 2022. The operative first amended complaint (FAC) was filed as a matter of right on May 17, 2023. The FAC con...

Excerpt: ...s employer's representatives subjected him to racial slurs and comments and that he was denied raises and promotions. He further alleges that his employer failed to accommodate his disability. Finally, he alleges that he was subjected to a number of wage-and-hour violations, including but not limited to denial of meal and rest periods. On May 27, 2021, he filed a complaint alleging (1) disparate treatment; (2) racial discrimination; (3) disabilit...

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 amount ...