Excerpt: ...ed 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 settlement, t...

Excerpt: ...8. The vehicle was repossessed on September 1, 2018, and was sold at auction. This case seeks the unpaid balance. The instant suit was filed on August 18, 2022, and on October 17, 2022, Defendant filed an answer admitting each allegation but requesting monthly payments. Statement 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....

Excerpt: ...s; (6) wage statement violations; (7) payroll record violations; (8) unfair business practices; and (9) civil penalties under the Private Attorneys General Act (PAGA). Per the terms of the currently proposed settlement, Plaintiff would represent a class of all non-exempt employees employed in California directly by Smart Warehousing LLC — or employed and placed by Skilled Staffing, Inc. to work at Smart Warehousing, LLC, in California —at any...

Excerpt: ...nalysis in the motion for final approval. 3 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 $0.05 per page. 5 (8) civil penalties under the Private Attorneys General Act (PAGA). Per the terms of the currently proposed settlement, Plaintiffs would represent a class of all current and former nonexempt employees employed ...

Excerpt: ... (5) meal period violations; (6) reimbursements; (7) wage statement violations; (8) waiting time penalties; (9) penalties per Labor Code section 558; (10) untimely wages; (11) restitution; and (12) civil penalties under the Private Attorneys General Act (PAGA). Per the terms of the currently proposed settlement, Plaintiff would represent a class of all non-exempt employees employed in California at any point from September 7, 2016 through October...

Excerpt: ...Demurrer: The Court would OVERRULE the demurrer. Case Summary This is a business dispute. Plaintiff Rancho contends it was the former manager of the Del Chino Shopping Center, which covers multiple parcels and owners, and that it was not paid for six years of expense reimbursements pursuant to a restriction and easement agreement (REA) that governed the properties. Through the operative third amended complaint (3AC), Plaintiff contends Defendant ...

Excerpt: ...efendant Ancheta. The original complaint named Penske Leasing/ Rental Company but was amended on September 10, 2021 to name Defendant Albertsons. The complaint alleges three causes of acton: (1) negligence/negligence per se; (2) negligent entrustment; and (3) negligent hiring and supervision. Plaintiff asserts Defendant Ancheta was acting in the course and scope of his employment with Defendant Albertsons when the accident occurred. Relevant here...

Excerpt: ..., the complaint alleges Plaintiff was employed by Defendant as a nonexempt Dock Worker/Freight Handler from approximately July 2016 until approximately April 2020. During this period, Plaintiff alleges that he and the other aggrieved employees were not accurately compensated for overtime; were deprived of mandatory rest pericKls; and were not provided accurate itemized wage statements. (Complaint, "10- 11.) Page 4 Summary of the Law California La...

Excerpt: ...e FAC alleges violations related to (1) wages; (2) meal periods; (3) rest breaks; (4) piece-rate rest break wages; (5) unlawful deductions; (6) final pay; (7) wage statements; (8) reimbursements; as well as (9) violations of the unfair competition law; and (10) civil penalties pursuant to PAGA On October 17, 2022, Plaintiff filed a Proof of Service, indicating substitution service on July 6, 2022 by "leaving the copies with or in the presence of"...

Excerpt: ... Amended Complaint (FAC) was filed on August 26, 2022, to consolidate the matters. The FAC sets forth claims for (1) overtime wage violations; (2) meal period violations; (3) rest period violations; (4) failure to pay wages; (5) final pay violations; (6) wage timeliness violations; (7) wage statement violations; (8) failure to keep required records; (9) reimbursement violations; (10) sick leave and vacaton pay violations; (11) reporting tme pay v...

Excerpt: ...nt Code. Regarding the MSA: The Court would GRANT summary adjudication as to the duty to defend against underlying complaint. The potential viability of the underlying claims invokes the duty to defend. (See Buss v. Superior Court (1997) 16 Cal.4th 35, 44.) Further, Crum failed to meet its responsive burden to show that the claim cannot fall within policy coverage. (Montrose Chemical Corp. v. Superior Court (1993) 6 Cal.4th 287, 300.) Case Summar...

Excerpt: ...emurrer, without leave to amend, as to the First Cause for Intentional Infliction of Emotional Distress (IIED) and the Second Cause for Invasion of Privao„•, against the District. The Court would OVERRULE as to the Third through Fifth Causes. As to the Motion to Strike: As a result of the preceding ruling on demurrer, the District's motion to strike as to paragraphs 26 and 39-41, relating to IIED and Invasion of Privacy, are rendered MOOT. Th...

Excerpt: ...Case Summary This is an auto-acc:ident and personal injury matter. It arises from an accident that occurred on January 18, 2021 on the 1-10 freeway, heading Eastbound, west of the Mountain exit in San Bernardino County. On or about March 22, 2022, Plaintiff filed a form pleading generally naming as Defendants EAN Holdings, LLC; Birdo, Jr.; Jose Ramirez; Antonio Ramirez; Los Angeles Co. Metropolitan Transportation Authority; the City of Los Angele...

Excerpt: ...star Mortgage LLC dba Champion Mortgage on January 24, 2017, approximately six and one-half years ago. On October 31, 2017, Plaintiff filed for a defaultjudgment (the "First Default"). However, Defendant moved to set aside the default, which the prior Court granted on September 22, 2021. Importantly, that First Default was set aside because Plaintiff did not properly serve Defendant. Another default was entered on March 4, 2022, and was based 3 o...

Excerpt: ...th 116, 126; Reed v. United Teachers 6 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 offere...

Excerpt: ...2023 deposition. Plaintiff Flores opposes. Defendants reply. Objections After the Reply was filed, Plaintiff objected inserton of new evidence in Jaidi's Reply Declaration at "2-3. The evidence is rebuttal evidence and therefore the objections are overruled. Procedural Deficiencies In his Opposition, Plaintiff raises deficiencies in the motion in that the deposition transcript was not lodged. Exhibit B to Carroll's declaration, however, contains ...

Excerpt: ....5. Thus, the Court would GRANT the motion to stay the matter is stayed pending completion of mediation and, if necessary, arbitration. The issue of attorneys' fees is not currently before the Court. Case Summary This is a foreclosure on a mechanic's lien. In the original Complaint, Plaintiff — a licensed building contractor — alleged it provided construction and related activities for a building remodel within on property owned by Defendant....

Excerpt: ... confer in the next five (5) days on a mutually agreeable three-day period for Defense experts to conduct the survey or inspection of Plaintiffs' property. The survey or inspection shall occur within thirty (30) days of this ruling. The Court would impose sanctions against Plaintiffs, payable within thirty (30) days, in the amount of $1,800. Case Summary Plaintiffs filed their Complaint on September 28, 2021, alleging causes of action for (1) neg...

Excerpt: ...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; (5) slander of title; (7) intentional misrepresentation; (8) unconscionability; (9) fraudulent conversion; (10) cancellation of false documents; (11) quiet title; (12) intentional interference with economic advantage; and (13) preliminary and permanent injunction. Relevant here...

Excerpt: ...emnify expenditures; (9) violation of the unfair competition law; and (10) civil penalties pursuant to the Private Attorneys General Act (PAGA). Plaintiff seeks to represent all non-exempt employees who worked for Defendant in California during the class period. The parties thereafter engaged in extensive voluntary exchange of information, with Plaintiff's counsel performing a detailed payroll data analysis, in order to value the case and meaning...

Excerpt: ...s Acton Settlements in General Settlement of a class action requires court approval. (Cal. Rules of Court, rule 3.769.) The moving party must demonstrate 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 ...

Excerpt: ...esent 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.) he court must find that the plaintiff "has adequately represented the state's interests, and hence the public interest." (ld. 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 i...

Excerpt: ...orm Interrogatories — Employment Tentative Rulings As to the Motions: The Court would GRANT these unopposed motions. Requests for Admissions are deemed admitted. As to the other discovery, Defendants will provide objection-free responses within thirty (30) days. As to Requests for Sanctions: The Court would impose sanctions on Defendant in the amount of $1,cm per motion ($5mo in total per Defendant). Sanctions are payable within 30 days. Case S...

Excerpt: ...es that Defendants defaulted under the terms of the contract. Thus, Plaintiff filed suit for breach on February 25, 2021, and Defendants issued a general denial on February 1, 2022. Relevant here, the contract contains provisions selecting choice of law, consent to jurisdiction, and venue in Utah. (Motion, Exh. 1 [Contract], 11932 [venue] & 40 [governing lawl.) Accordingly, Defendants bring this motion to stay or dismiss this California action so...

Excerpt: .... (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 action status through trial...

Excerpt: ...o Request for Production number 24. A verified supplemental response with be produced within ten (10) days of this ruling. The Court would DENY the remainder. Case Summary This is a lemon law case. The Complaint alleges that on May 3, 2022, Plaintiff purchased the subject vehicle with a warranty from the Defendant Auto Manufacturer. The vehicle developed defects in its suspension, electrical, and structural systems. Although it was taken for repa...

Excerpt: ... they were not authorized for sale or use anywhere in the United States. (Compl„ "6-9.) On September 15, 2022, Plaintiff filed suit for (1) breach of contract; (2) breach of covenant of good faith and fair dealing; (3) promissory estoppel; (4) intentional misrepresentation; (5) negligent misrepresentation; (6) declaratory relief; and (7) unfair competition. Under its fraud cause, Plaintiff also alleges that Defendant knew its representations we...

Excerpt: ... to No. 2, as the statement relates to a business practice in place and allegedly experienced by the declarant. As to Defendant Field's declaration the Court would SUSTAIN objections Nos. 1-3, again, on hearsay. As to the Preliminary Injunction: The Court would GRANT the motion. The Court will hear argument at hearing on the appropriate undertaking necessary to mitigate Defendants' potential loss should Plaintiff's claims be unsuccessful. Case Su...

Excerpt: ...riginal complaint on May 24, 2022. Her operative First Amended Complaint (FAC) was filed on November 4, 2022, against Defendants alleging violations as to (1) meal periods; (2) rest breaks; (3) overtime wages; (4) minimum wages; (5) wage timeliness; (6) final pay; (7) wage statements; (8) maintaining records; (9) reimbursements; (10) unfair competition in violation of Business and Professions Code, secton 17200, et seq., as well as (11) civil pen...

Excerpt: ... has approved — a First Amended Complaint which now consolidates two other matters, adding Jesus Gomez and Rodney Grace as representative plaintiffs and asserting class claims for (1) minimum and overtime wages; (2) rest break violations; (3) meal period violations; (4) reimbursement violations; (5) wage statement violations; (6) timely final pay violations; (7) violation of Business & Professions Code sections 17200, et seq., and (10) civil pe...

Excerpt: ...ons are due within thirty (30) days. Case Summary This is a personal injury matter. Plaintiff alleges that on August 18, 2019, Defendants negligently operated and maintained a rental home in San Bernardino, creating a dangerous condition. Plaintiff further alleges that the dangerous condition caused him injuries. On September 2, 2021, Plaintiff filed suit for negligence, seeking remedy for injury and medical expenses. Defendant PAMA Management fi...

Excerpt: ...ceed." (Hamilton v. Asbestos Corp., Ltd. (2000) 22 Cal. 4th 1127, 1147, quoting Sanchez v. Superior Court (1988) 203 Cal.App.3d 1391, 1397.) A party may "specially appear" for the purpose of contesting jurisdiction, among other reasons, but that is not what is attempted here. (See Olcese v. Justice's Court of First Jud. Township (1909) 156 Cal. 82, 87 ["must keep out for all purposes except to make that [jurisdictionall objection ... ."].) A "spe...

Excerpt: ... the Demurrer: The Court would SUSTAIN the Demurrer, with leave to amend, as to the Second through Seventh causes of action. The Court would OVERRULE the Demurrer as to the First Cause. 5 Case Summary This is post- foreclosure litigation. On December 28, 2022, Plaintiff Keith Birnbaum and a laterdismissed party filed their Complaint against Defendants Loancare, LLC; and Barrett, Daft, Frappier, Treder, & Weiss, LLP (the Barrett Firm); and Joel Gr...

Excerpt: ...y pay wages; (7) failure to indemnify for necessary expenditures; (8) meal period violations; (9) civil penalties under PAGA; (10) unfair completion law violations; and (11) failure to pay minimum wage. Essentially, Plaintiffs assert that they are fleet mechanics and diesel technicians employed at Defendant's fleet-maintenance service locations. The suit was brought on behalf of 678 non-exempt employees, excluding corporate employees and other em...

Excerpt: ...subject vehicle in October of 2019 and that the transmission was defective He alleges that, despite being covered by express and implied warranties, the Defendant-manufacturer failed to repair the vehicle within a reasonable time and, further, failed to provide a replacement or make restitution. The operative First Amended Complaint (FAC) alleges (1) breach of express warranty under the Song-Beverly Act (Act), (2) breach of implied warranty under...

Excerpt: ...utoff dates. The moving papers have established good cause relating to substitution of counsel for Defendant Bridge, as well as Wluminous required on-going discovery. The Court vacates the currently set Trial Readiness and Trial dates and will set new dates with the input of counsel at the hearing on this motion. Motion for Protective Order: The Court would DENY the motion for protective order. Case Summary This is an elder abuse and wrongful dea...

Excerpt: ... Corp., Ltd. (2wJ) 22 cal. 4th 1127, 1147, quoting Sanchez v. superior court (1988) 203 cal.App.3d 1391, 1397.) A party may "specially ap#ar" for the purpose of contesting jurisdiction, among other reasons, but that is not what is attempted here. (See Olcese v. Justice's Court of First Jud. Township (1909) 156 Cal. 82, 87 ["must keep out for all purposes except to make that [jurisdictional] objection . . . ." l.) A "special appearance" is not use...

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 settlement...

Excerpt: ...t would OVERRULE as to the remainder. Case Summary This is a wage-and-hour class and Private Attorneys General Act (PAGA) representative action. Plaintiff Basurto initially filed the matter as a wage-and-hour class achon on March 18, 2021. On August 12, 2021, counsel filed a First Amended Complaint to add Plaintiff Gardea and a claim for civil damages pursuant to PAGA. Following a demurrer, Plaintiffs filed a Second Amended Complaint on February ...

Excerpt: ..., Plaintiffs claim that that males and non-binary were discriminated against at the "Ladies' Day Out" events held at Bass Pro stores in California in 2018 and 2019. This case was originally filed on May 3, 2019 by two plaintiffs. On October 22, 2019, Plaintiff Sielski filed a separate complaint on a class basis (CIVDS1931635). Those two cases were consolidated by order issued on June 24, 2020. Subsequently, that consolidated class matter was amen...

Excerpt: .... Case Summary This is an auto-accident and personal injury matter. It arises from an accident that occurred on January 18, 2021 on the 1-10 freeway, heading Eastbound, west of the Mountain exit in San Bernardino County. On or about March 22, 2022, Plaintiff filed a form pleading generally naming as Defendants EAN Holdings, LLC; Birdo, Jr.; Jose Ramirez; Antonio Ramirez; Los Angeles Co. Metropolitan Transportation Authority; the City of Los Angel...

Excerpt: ...f's beneficiaries and dependents. Any inadvertently disclosed confidential information will be subject to the protective order already filed with the Court on February 23, 2023. The motion to quash would otherwise be DENIED. However, given the reasonableness of the positions of both parties, the Court would DENY sanctions as to either side. Case Summary This is a race discrimination and harassment case. Plaintiff began his employment as a deliver...

Excerpt: ...ngeles (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 achon status through trial, the amount offered in settlement, the extent of discovery completed and...

Excerpt: ... The First Amended Complaint is deemed filed as of this date. As to Preliminary Approval: The Court would GRANT the motion. Preliminary Approval of Class Acton Settlements in General Settlement of a class action requires court approval. (Cal. Rules of Court, rule 3.769.) The moving party must demonstrate that "the settlement is fair, adequate and reasonable." (Kullar v. Fint Locker Retail, Inc. (2008) 158 Cal.App.4th 116, 126; Reed v. united Teac...

Excerpt: ...Miranda in the amount of $2,800.00, payable to Defendant Sunset Sounds within thirty days. Case Summary Plaintiffs filed their Complaint on September 28, 2021, alleging causes of action for (1) negligent trespass; (2) negligent destruction of real property; (3) intentional trespass; (4) intentional destruction of real property and trees; and (5) abatement of private nuisance. The controversy stems from Plaintiffs' allegations that their Defendant...

Excerpt: ...mpetition in violation of Business and Professions section 17200, et seq. Plaintiff seeks to represent all of Defendant's non- exempt employees in California who were subject to its timekeeping policies during the statutory period. In essence, Plaintiff alleges that Defendant required or permitted work outside of the scheduled shifts; failed to pay travel tme and mileage; and failed to reimburse for personal cell phone usage, among other things. ...

Excerpt: ... 116, 126; Reed v. United Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this Page 7 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 offe...

Excerpt: ...8) 158 Cal.App.4th 116, 126; Reed v. United Teachers Los Angeles4 Counsel must provide a full lodestar analysis in the motion for final approval. 5 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. Page 7 (2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In ...

Excerpt: ...v. United Teachers Los Angeles Page 3 (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 settlemen...

Excerpt: ...ction, Set One, Plaintiff will produce supplemental responses to Nos. 1-6, 8-13, 16, 18, 20-24, 25, 29, 35, and 37-48. - As to Form Interrogatories, Set One, Plaintiff will produce supplemental responses to Nos. 7.1, 7.2, 9.1, 12.1, 12.3-12.7, 17.1, 20.9, 20.10, 50.1 and 50.2. - Finally, as to special Interrogatories, set one, Plaintiff will produce supplemental responses to Nos. 1, 2, 9-11, 13, 15-32, 35, 35, 39-82, and 84-98. Responses shall be...