Excerpt: ...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 offered in settle...

Excerpt: ... On June 7, 2021, Plaintiff filed a First Amended Complaint, adding wage-and-hour class claims. The operative Second Amended Complaint (SAC) was filed on December 22, 2022, alleging (1) civil penalties pursuant to PAGA, as well as class claims for violations related to (2) minimum wages; (3) overtime; (4) meal periods; (5) rest breaks; (5) wage statements; (7) final pay; (8) reimbursements; and (9) the unfair competition law. After commencing lit...

Excerpt: ...ertime; (4) meal (5) rest breaks; (6) wage statements; (7) reimbursements; and (8) timeliness of wage payments. On April 10, 2023, Plaintiff consolidated into this matter a cause of action for (9) civil penalties pursuant to the Private Attorneys General Act (PAGA). After commencing litigation, the parties informally exchanged policy and payroll documents and other information sufficient to allow Plaintiff's counsel to analyze and value the case ...

Excerpt: ...t, on or about August 16, 2019, Plaintiff filed a complaint, alleging a single cause of action for medical malpractice. Summary of the Law A mental or medical examination of a plaintiff may be obtained by leave of court with a showing of gtncl cause. (CINIe Civ. Proc., SS 2032.310-2032.320.) The moton must specify: (1) the date and time of the exam; (2) the place of the exam, with good cause being shown if it is more than 75 miles from the examin...

Excerpt: ...result, on or about August 16, 2019, Plaintiff filed a complaint, alleging a single cause of action for medical malpractice. Summary of the Law A mental or medical examination of a plaintiff may be obtained by leave of court with a showing of good cause. (Code Civ. Proc., SS 2032.310-2032.320.) The moton must specify: (1) the date and time of the exam; (2) the place of the exam, with good cause being shown if it is more than 75 miles from the exa...

Excerpt: ...to improperly grant themselves interest or lien on his properties. On May 2, 2022, Plaintiff filed suit 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; (5) slander of title; (7) intentional misrepresentation; (8) unconscionability; (9) fraudulent conversion; (10) cancellation of false documents; (11) quiet title; (12) i...

Excerpt: ...der the custody and control of a statelicensed foster home. The abuse allegedly extensive and continued until she was sixteen. Defendant Doe 3 allegedly abused in excess of five minors. Plaintiff alleges that, despite an investigation and various reports of misconduct, the District simply moved Doe 3 around in the District. Further Plaintiff alleges that a caseworker for the foster agency not only ignored the claims but accused her of lying. (Com...

Excerpt: ...result, on or about August 16, 2019, Plaintiff filed a complaint, alleging a single cause of action for medical malpractice. Summary of the Law A mental or medical examination of a plaintiff may be obtained by leave of court with a showing of good cause. (Code Civ. Proc., SS 2032.310-2032.320.) The moton must specify: (1) the date and time of the exam; (2) the place of the exam, with good cause being shown if it is more than 75 miles from the exa...

Excerpt: ...int #1's case, Defendant Pathak filed indicating relation of the cases. (See, e.g., Motion for Reconsideration, 4/17/23 [listing Complaint #2 as a related casel.) 3 Plaintiff also asserts that Judge McCarville somehow lacked jurisdiction. This assertion is without citation or support. The Court notes that Code of Civil Procedure, section 1408, vests trial courts with such jurisdiction. 7 competition; (10) penalties under Section 210; (11) penalti...

Excerpt: ...or civil penalties pursuant to the Private Attorneys General Act (PAGA). In essence, the Complaint alleges Labor Code violations relating to (1) minimum wages; (2) overtime wages; (3) meal periods; (4) rest breaks; (5) wage statements; (6) wage timeliness; and (7) final pay. Notably, prior to the instant action, Plaintiff had already filed a wage-and-hour class action in San Bernardino County (CIVS82305885) based on the same underlying violations...

Excerpt: ...reveals that the suit was filed on January 5, 2023, meaning that even if Section 340.1 applied the claims would be time barred by a few days. Plaintiff concedes that, if filed as of January 5, 2023, the Complaint would untimely. However, she argues that she attempted to file documents on December 27, 2022, and that the documents were improperly rejected by the clerk's office because of confusion relating to the filing of documents under seal. In ...

Excerpt: ...y executed a personal guaranty, both individually and as trustee of a related trust. Plaintiff alleges it also executed a Master Pay App Agreement (MPAA) with Defendant, in which they agreed Plaintiff would purchase Defendant's right to payment under certain constructon payment applications. Defendant Theisen also allegedly executed a personal guaranty on the MPAA. Plaintiff further alleges that Defendant failed to make required payments under th...

Excerpt: ...iffs filed their original complaint on March 25, 2021, alleging a single cause of action for wrongful death and asserting that the lack of a fence was the cause of the death. On June 14, 2022, Plaintiffs attempted to file a First Amended Complaint, amending to assert four causes: (1) wrongful death —Secton 835; (2) wrongful death — Section 1983 [re denial of care]; (3) wrongful death — Section 1983 Ire failure to protect from suicidal actio...

Excerpt: ...gainst the District in the amount of $1,500. Sanctions are payable within thirty (30) days. Case Summary This is a sexual abuse case. Plaintiffs were, at the time of the allegations, under-aged high school football players. In essence, Plaintiffs assert claims against a former head athletic trainer for her sexual misconduct and the school district for failing to protect them from her conduct. Plaintiff filed their operative First Amended Complain...

Excerpt: ...class and representative action. On May 30, 2023, Plaintiff filed his wage-and-hour class action against his former employer. On August 8, 2023, he filed his operative First Amended Complaint (FAC), which alleges violations relating to (1) minimum wages; (2) overtime wages; (3) meal periods; (4) rest breaks; (5) reimbursements; (6) accurate wage statements; (7) wage timeliness; (8) final pay; as well as claims for (9) violations of the unfair com...

Excerpt: ...upported by 5 hours total time in furtherance of the motions). Sanctions are payable within thirty (30) days. Case Summary This is a sexual abuse case. Plaintiffs were, at the time of the allegations, under-aged high school football players. In essence, Plaintiffs assert claims against a former head athletic trainer for her sexual misconduct and the school district for failing to protect them from her conduct. Plaintiff filed their operative Firs...

Excerpt: ...rtime; (4) meal periods; (5) rest breaks; (5) wage statements; (7) reimbursements; (8) wage payment timing; and, individually, for (9) constructive discharge/ adverse employment actions. On March 22, 2023, pursuant to stipulation, Plaintiff filed a First Amended Complaint (FAC) that consolidated a Private Attorneys General Act (PAGA) complaint. After commencing litigation, the parties informally exchanged policy and payroll documents and other in...

Excerpt: ...ase Summary This is a wage-and-hour class and representative action. Plaintiff was employed by Defendant as a manager from March of 2010 to June of 2022. On October 21, 2022, he filed complaint against Defendant, seeking to represent all non-exempt California employees during the statutory period, and alleging violations relating to (1) wages; (2) rest breaks; (3) meal periods; (4) wage timeliness; (5) accurate wage statements; (6) waiting time p...

Excerpt: ...buts Defendants' residence in May of 2012. He alleges that issues with Defendants in 2020. Roughly, Plaintiff alleges, among other things, the cutting of privacy hedges and other plants; the leaving of dog feces; a constantly barking dog; and the installation of invasive cameras. Plaintiff further alleges that tensions escalated to assault with great bodily harm against him on April 3 and April 19, 2021, with continuing threats into 2022. On Nove...

Excerpt: ...motive work, among other things. He worked for Defendant from October of 2020 through approximately December 2022. On April 7, 2023, he filed complaint against Defendant, seeking to represent all nonexempt California employees during the statutory period, and alleging violations relating to (1) overtime wages; (2) minimum wages; (3) meal periods; (4) rest breaks; (5) waiting time penalties; (6) accurate wage statements; (7) wage timeliness; (8) r...

Excerpt: ...mamoto. The operative Second Amended complaint (SAC) 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 prevent or in violation of FEHA; (4) intentional infliction of emotional distress (IIED); (5) violation of the Unfair Competition Law UCL; (6) retaliation in violation of FEH...

Excerpt: ...16, 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 offered in se...

Excerpt: ...er, an analytic tool. As to Requests for Judicial Notice: Both Defendants request judicial notice of the pleadings and various corporate documents and licenses. The Court would GRANT as to the pleadings. The Court would further GRANT as to the filings but not the truth of the statements asserted therein. As to the Demurrers: The Court would SUSTAIN as to the Third Cause for negligent misrepresentation as to both Defendants Bamboo and Catlin, but ...

Excerpt: ...ENY. Defendant shall file its responsive pleading within thirty (30) days. Case Summary Plaintiff filed his action on April 18, 2023, asserting class claims for moving company Defendant's (1) breach of contract; (2) breach of duty of good faith and fair dealing; (3) violation of the Idaho Consumer Protection Act; and (4) conversion. In essence, Plaintiff asserts that he contracted with Defendant to move him from Idaho to California. Although he p...

Excerpt: ...tomobile striking a pedestrian on or about January 26, 2021. Plaintiffs filed their suit on April 5, 2022, alleging (1) negligence; and (2) negligent hiring, retention, or supervision. Relevant here, the Court scheduled the initial Trial Setting Conference (TSC) on this matter for October 19, 2022. Without notice or justification, Plaintiff failed to appear at the TSC, and the Court set a further TSC and an Order to Show Cause (OSC) regarding the...