Excerpt: ...mber 12, 2021, Plaintiff filed suit on behalf of herself and similarly situated aggrieved employees alleging claims for (1) minimum wage violations; (2) wage statement violations; (3) meal-and-rest period violations; (4) untimely wages; (5) overtime wage violations; (6) waiting time penalties; (7) unfair competition, (8) retaliation in violation of Labor Code section 1102.5; (9) wrongful constructive termination in violation of public policy; and...

Excerpt: ...nstruction. In short, Plaintiff entered a construction contract on September 28, 2021 for the constructon of a steel building on a 4 specified piece of real property. Under the contract, Defendant Pacific Environmental Technologies (PET') would be the General Manager of the project. PETI delegated many of fts duties to Defendant Facility Services Management Company (FSMC). On September 29, 2021, FSMC entered a contract for Plaintiff's benefit for...

Excerpt: ...bitration. It holds that the arbitrator is to decide the enforceability and scope of the Arbitration Provision within the proffered Employment and Confidentiality Agreement. The entire litigation will be STAYED pending the outcome of the arbitrator's ruling on arbitrability of claims and the disputes between the parties. Case Summary This is a disability discrimination case. Plaintiff was hired by Defendant as a forklift operator on October 1, 20...

Excerpt: ...ion of Business & Professions Code sections 17200, et seq.; and (9) civil penalties pursuant to the Private Attorneys General Act (PAGA). 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 meaningfully participate in early mediation. The Court notes that the instant proposed settlement is as to employees of Defendant Dv...

Excerpt: ... reasonable rate for the commun-ty; (2) a $4,082 reduction relating to the two unsuccessful discovery motions; and (3) a $3,529 reduction relating to internal communications that the Court found excessive. The Court would deny the requested multiplier. Case Summary This matter is a relatively straightforward lemon law case. On or about February 18, 2013, Plaintiffs purchased the subject vehicle. They content that the vehicle's engine and breaking...

Excerpt: ...6, 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 set...

Excerpt: ...Amended Complaint (SAC) pleads (1) civil #nalties under PAGA; (2) failure to pay minimum wages; (3) failure to pay overtime; (4) meal violations; (5) rest break violations; (6) wage statement violations; (7) waiting time penalties; and (8) violation of the unfair competition law at Business and Professions Code sections 172W, et seq. In essence, the SAC alleges that Defendant required non-exempt workers to perform off- the-clock work; that its ro...

Excerpt: ...y attempts to lump PAGA Aggrieved Employees into the two general "classes" being resolved for class claim purposes without consideration whether the class periods comport with the PAGA statute of limitations. 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." (Ku...

Excerpt: ...e a full lodestar analysis in the motion for final approval. 7 Should the matter be approved, 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 6 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 dis...

Excerpt: ...erefore, the Court reiterates its prior tentative ruling: Tentative Rulings As to the Motions: The Court would GRANT these two unopposed motions. Verified responses without objections will be produced within 20 days. As to Requests for Sanctions: The Court would impose sanctions on Plaintiff in the amount of $585 per motion ($1370 in total). Sanctions are payable within 20 days. Case Summary This is a personal injury case stemming from a 2018 aut...

Excerpt: ...re to reimburse and a claim for civil #naltes pursuant to the Private Attorneys General Act (PAGA). Plaintiff seeks to represent a class of 181 non-exempt employees working for Defendant's operations in California from January 8, 2015 through March 24, 2022. Following the onset of the case, and in connection with anticipated mediation, Defendant provided Plaintiff with key class-wide data points and relevant documents, sufficient for Plaintiff to...

Excerpt: ... to the Motion to Compel, Supporting Documents, and Minute Order from the Barrera v. Lollicup USA, Inc. matter. GRANT as to the existence of the documents only. (Evid. Code, 5452(d).) As to Plaintiff's Objections: Plaintiff objects to the Shih Declaration generally and specifically are OVERRULED. As to the Motion to Compel Arbitration: 1. Defendant's Motion to Compel Arbitration of Plaintiff's non-representative PAGA claims is GRANTED. 2. Plainti...

Excerpt: ... to pay minimum wages; (4) failure to pay overtime; (5) failure to indemnify/ reimburse; (6) wage statement violations; (7) untimely final pay; (8) unfair business practices under Business and Professions Code, section 1721W; and (9) civil penalties under PAGA. In essence, Plaintiffs allege that they were employed by Defendant as non-exempt employees in Defendants' California workforce, where such violations took place. They seek to represent a c...

Excerpt: ...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 offere...

Excerpt: ...hibit 1 (to both Defendants Bamboo & Catlin's Requests), the First Amended Complaint. The Court would GRANT. 2. As to Exhibits 2-4 (to Defendant Bamboo's Requests), state license information and Statements of Information filings relating to Bamboo, the Court would GRANT as to the existence of such documents only. The existence of a document recorded in the official records of a government body may be judicially noticeable, but its proper interpre...

Excerpt: ... relief; (3) partition; and (4) constructive trust. The underlying allegations are that Plaintiff and Defendant orally agreed that each would share a one-half interest in the Yucca Valley property at issue. Plaintiff alleges that Defendant agreed to take the loan out for the property as well as pay the down payment and closing costs. The title was, therefore, originally in his name. For her part, Plaintiff alleges that she agreed to pay Defendant...

Excerpt: ...ums, (3) unpaid rest period premiums, (4) minimum wages, (5) untimely final wages, (6) untimely wages, (7) wage statements violations, (8) payroll records violations, (9) reimbursements, and (10) violations of the unfair competition law. Plaintiff seeks to represent Defendant's California hourly and non-exempt employees who worked during the statutory period. On September 14, 2021, Plaintiff separately filed a single cause of action Private Attor...

Excerpt: ...rest break violations; (5) reimbursement violations; (6) final pay violations; (7) wage statement violations; (8) unfair competition law violations; and (9) civil penalties pursuant to the Private Attorneys General Act (PAGA). The LWDA was given notice of Plaintiff's claims as of September 11, 2022. Plaintiff sought to represent all of the hourly, non-exempt current and former California who worked at Defendant's lumber and building supplies busi...

Excerpt: ... settle. As such they have argued, in the alternative to denying the motion, the Court may continue the matter past the pending mediation and motion to stay. Page 4 Defendant roofing company's overspray blew silicone adhesive on to nearby properties and various nearby tractors, trucks, and automobiles. The proposed class are “all persons whose vehicles were damaged by silicone overspray on October 18, 2018, at 1901 Raymer Ave., Fullerton, CA 92...

Excerpt: ... and implied warranty under the Song-Beverly Act. In essence, Plaintiffs allege they purchased the 2020-year subject vehicle from Defendant, that express and implied warranties existed, and that there were various defects and non-conformities that arose during the warranty period. Plaintiffs sent the vehicle in for repairs but Defendant was unable to successfully repair it after a reasonable number of attempts. Plaintiffs also alleges that, after...

Excerpt: ...ntenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 264, disapproved on other grounds in Yvanova v. New Century Mortg. Corp. (2016) 62 Cal.4th 919, 939, FN.13.) As to the Motion for Summary Judgment: The Court would DENY the motion. Case Summary This matter is an Unlawful Detainer. The Complaint alleges that Plaintiff purchased the real property that was previously owned by Defendants. Defendants failed to vacate the property after the s...

Excerpt: ...ished in the Senate Daily Journal, dated July 29, 2004. These Requests are unopposed, and the Court GRANTS them. As to the Motion for Approval: The Court's tentative is to GRANT. Standards Settlements under PAGA at Labor Code sections 2698, et seq., do not require preliminary approval. The court must find, however, that the PAGA settlement is “fair, reasonable, and adequate in view of PAGA's purposes to remediate present labor law violations, d...

Excerpt: ... 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 5 “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 ...

Excerpt: ...endant Flowers, who made an abrupt and unsafe left turn, causing a crash that injured Plaintiff. Plaintiff further alleges that Defendant Flowers was operating his shuttle during the course and scope of his employment and that the shuttle was leased, entrusted or owned by the various other Defendants (collectively, Defendants). Plaintiff filed suit on December 3, 2021, alleging (1) motor vehicle negligence; (2) common carrier negligence; and (3) ...

Excerpt: ...l.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 amo...

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