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...

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: ...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: ...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: ...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: ....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: ...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: .... (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...