Excerpt: ...meliness; (6) final pay; (7) record maintenance; (8) wage statements; (9) improper calculation and provision of sick leave; (10) unfair competition law; as well as (11) civil penalties underthe Private Attorneys General Act (PAGA). After commencing litigation, the parties informally exchanged policy and payroll documents and other information sufficient to allow early mediation. Thereafter, on January 5, 2023, the parties engaged in a full-day, a...

Excerpt: ... negligence and intentional tort. Within each cause Plaintiff asserts allegations of (1) failure to provide habitable dwelling; (2) breach of covenant of quiet enjoyment; (3) negligent infliction of emotional distress (NIED); (4) violation of Los Angeles Municipal Code, section 151.00; (5) violation of Los Angeles Municipal Code, section 161.903.3.3.2; and (6) retaliatory eviction. Generally speaking, the Complaint asserts that Plaintiff leased a...

Excerpt: ...t thirty (30) days leave to amend. Case Summary This is, essentially, a breach of contract and conversion case. On or about June 16, 2017, Plaintiffs' mother entered into a written agreement for three (3) storage units, owned and operated by 3855 IH 35 North, LLC (sued as "Phelan Self-storage"). The storage units were necessary to store "personal property," including various family heirlooms. The units were being paid by automatic withdrawal from...

Excerpt: ...ed contractor. Further, Plaintiffs allege that Defendant failed to memorialize the parties' agreement for the work in writing. Subsequent to the work, Defendant recorded a mechanics lien against the property in the amount of $41,095.60. On May 13, 2021, Plaintiffs filed a verified Petition for Release of Property From Lien. On November 19, 2021, Defendant filed an unverified Answer in response. Now, Plaintiffs move for judgment on the pleadings o...

Excerpt: ...nt (FAC), adding a cause 4 of action for civil #naltes under PAGA. Per his complaint, Plaintiff soughtto represent all current and former non-exempt employees employed within California at any time within four years prior to the filing of the complaint. After commencing the litigation, the parties agreed to informal discovery in anticipation of early mediation. Defendant provided relevant payroll records, as well as the number of putative class m...

Excerpt: ...at this time. 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 neighbors, Kief and Manilow, paid to construct a 12-foot wide pathway along ...

Excerpt: ...ome or all of the issues to the extent the Court later concludes that any issues lack commonality. Case Summary On March 3, 2022, Plaintiff filed a wage-and-hour class action against his former employer based on his employment from February 2021 to May 2021. (See CIVSB2203720 [the "Class Action" l.) The Class Action includes eight causes of action for (1) violation of the unfair competition law; as well as violations relating to (2) minimum wages...

Excerpt: ...ents to improperly grant themselves interest or lien on his properties. On May 2, 2022, Plaintiff 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) intentional misrepresentation; (8) unconscionability; (9) fraudulent conversion; (10) cancellation of false docum...

Excerpt: ...y Defendant Jaidan Barajas. Plaintiff alleges parental liability against Defendant Angela Farias under Civil Code section 1714.1 Default as to these Defendants was entered on June 27, 2023. Defendants do not contest service of the summons and complaint. Defendants, on July 11, 2023, filed this motion for relief from default. Defendants instead indicate that Defendant Farias appeared at the case management conference on June 7, 2023 and indicates ...

Excerpt: ...otice of Appeal; minute order; notice of ruling on certification; King Declaration in support of certification and exhibits thereto; transcript of the certification hearing; trial plan; the Fourth Amended Complaint; the Order granting leave to amend; and the 47-page Judicial Council of California's 2023 Court Statistics Report (Exhs. 7-15). As to the Motion: The Court would GRANT Representative Plaintiffs Cobos, Angel, Aparacio, Vale, Gallegos, S...

Excerpt: ... This case is, in essence, a Fair Employment and Housing Act (FEHA) sexual harassment and retaliation case. Plaintiffs are brother and sister who worked for Defendant. Plaintiff-brother, Horacio, began working for Defendant in 2018. Plaintiff-sister, Leticia, started working in April of 2021. Plaintiffs allege that between August and October of 2021, Leticia was subjected to Defendant, no action was taken to stop the harassment. To the contrary, ...

Excerpt: ..., Plaintiff filed a wage-and-hour class action against the same Defendant in Case No. CIVSB2208653. On or about February 3, 2023 (and in apparent furtherance of the instant motion for preliminary approval), Plaintiffs filed a First Amended Complaint (FAC) to add Plaintiff Potter as a named representative plaintiff and to consolidate the matters. The FAC alleges violations asto (1) overtime; (2) minimum wage; (3) meal periods; (4) rest breaks; (5)...

Excerpt: ...e this Court to dismiss the action due to failure to timely serve the summons and complaint pursuant to Code of Civil Procedure sections 583.210 and 583.250, subdivision (1). The motion to dismiss was filed May 26, 2023. Statement of Law "The summons and complaint shall be served upon a defendant within three years after the achon is commenced against the defendant." (Code Civ. Proc., S 583.210(a) [emphasis addedl.) "In computing the time within ...

Excerpt: ...ng judicial notice of Superior Court's register of actions].) As to the Motons to Intervene: The Court would DENY. Case Summary The Cases Relating to Movants: Give the size of Defendant Walmart, it is perhaps not surprising that there are quite a number of other cases that make identical or similar wage-and-hour claims. Relevant here are: The Hamilton/ Hernandez Actons—On June 13, 2019, Petitioner Hamilton filed a wageand-hour class action in s...

Excerpt: ...ously with the instant motion. The FAC alleges class wage-and-hour claims consistent with the underlying basis for her representative PAGA action, namely alleging violations related (1) rest breaks; (2) meal periods; (3) wage statements; (4) final pay; as well as (5) unfair competition in violation of Business and Professions Code sections 17200, et seq., and (6) civil penalties pursuant to PAGA The Court's tentative is to grant leave to file the...

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: ...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: ...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...