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...

Excerpt: ...Defendant Calma was dismissed with prejudice pursuant to a motion for summary judgment. The remainder of the matter was dismissed without prejudice by Plaintiff on January 19, 2023. According to Plaintiff, the matter was dismissed in order to be re-filed such that Plaintiff may take advantage of AB35, which increases general damages in such medical malpractice matters. Statement of Law Except as otherwise expressly provided by statute, a prevaili...

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...