Excerpt: ...amed as a Defendant in paragraph 1 of the Third Amended Class and Representative Action Complaint, it has not made a general appearance. The court presently has no personal jurisdiction over KTI. To approve the settlement (on a preliminary or final basis) with respect to KTI, KTI must make a general appearance and pay its initial filing fees. If KTI makes a general appearance before or at the hearing, the court can rule on the motion. Alternative...

Excerpt: ...neficiaries of the Trust. (First Amended Complaint ["FAC"], "11-3.) In April 2002, Betty Joyce Rosine ("Betty"), a widow, purchased property at 3866 Yucca Mesa Road in Yucaipa Valley ("the Property"). Betty financed part of the purchase with a loan issued by Mountain West Financial and executed a $45,000 Deed of Trust ("DOT") naming First American Title Insurance as Trustee. Mountain West then assigned the DOT to Washington Mutual Bank. (FAC, "1 ...

Excerpt: ... action for FEHA "hostile work environment harassment," thirteenth cause of action for NIED, and fourteenth cause of achon for IIED. On December 29, 2022, Kaiser answered. On January 5, 2023, Plaintiff filed a request for dismissal, without prejudice, of "COA 2 & 3: as to Jusuf Panjaitan, an individual; COA 13 & 14: All Defendants." (Req. for Dismissal, filed 1/5/23.) Plaintiff filed the present motion to set aside her voluntary (but inadvertent)...

Excerpt: ...ullar 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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class ach...

Excerpt: ...ers" under Labor Code section 1194, and cannot be held personally liable on that basis for an employee's unpaid wages. (Martinez v. Combs (2010) 49 Cal.4th 35, 66; Reynold v. Bement (2005) 36 Cal.4th 1075, 1087-88, overruled on other grounds in Martinez v. Combs, supra, 49 Cal.4th at pp. 62-64.)5 Nevertheless, Labor Code section 558.1, subdivisions (a)-(b), provides that an owner, director, officer, or managing agent of an employer who violates o...

Excerpt: ...enied as to Requests 4044. The demands are overly broad and irrelevant to the extent they seek information on ALL TYPES of vehicles, without limitation to Plaintiffs' particular year, make and model. 3. The motion is granted as to Requests 35-39 and 45-46 subject to a Protective Order. Evidence of similar issues in other vehicles of the same make, model, and year could tend to show, at a minimum, Mercedes-Benz likely had knowledge of the issues. ...

Excerpt: ...rule - suffcient foundation (NOTE: This was a multi-part paragraph) Obj. # 6 - '1 20 [one sentence] Sustain - lacks foundation, hearsay Obj. #7 - 22 Overrule - sufficient foundation laid, his opinion Obj. #8 - 24 Sustain - speculation (as to loan diversions) Obj. # 9 - '1 27 Overrule - sufficient foundation for VISION ONE Obj. # 10 - '1 27 Overrule - sufficient foundation laid Obj. # 11 - '1 28 Overrule - sufficient foundation laid Obj. # 12 - '1...

Excerpt: ...egate number of pay-periods worked if that information is available at this time. Preliminary Approval of Class Action Settlements 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.) T...

Excerpt: ... S 426.50, states, "A party who fails to plead a cause of action subject to the requirements of this article, whether through oversight, inadvertence, mistake, neglect, or other cause, may apply to the court for leave to amend his pleading, or to file a cross-complaint, to assert such cause at any tme during the course of the action. The court, after notice to the adverse party, shall grant, upon such terms as may be just to the parties, leave to...

Excerpt: ...o defraud the plaintiff, (4) the plaintiff was unaware of the fact and would not have acted in the same way knowing of the concealed or suppressed fact, (5) causation, and (6) the plaintiff sustained damages. (Blickman Turkus, LP. v. MF Downtown Sunnyvale, LLC (2008) 162 Cal.App.4th 858, 868.) When the allegations of the Complaint are considered, sufficient facts are alleged in support of Plaintiffs' fraudulent inducement — concealment cause of...

Excerpt: ...rly serve the tenant with a valid 3-day notice. (Borsuk v. Appellate Division of Superior Court (La Hillcreste Apartments, LLC) (2015) 242 Cal.App.4th 607, 611.) Strict compliance is required with the 3-day notice. (Stancil v. Superior Court (City of Redwood City) (2021) 11 Cal.5th 381, 394-95; Culver Center Partners East #1, L.P. v. Baja Fresh Westlake Village, Inc. (2010) 185 Cal.App.4th 744, 749.) Code of Civil Procedure section 1161, subdivis...

Excerpt: ...hers 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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the riskof maintaining class action status through trial, the amount offered in settlement, the extent of discovery com...

Excerpt: ...ia at any time from December 16, 2016, through August 29, 2022, who did not sign an individual settlement and release. After issuance of settlement checks, approximately a dozen individuals contacted plaintiff's counsel indicating that they fell within the definition of the certified class, but had received no notice of the settlement and did not receive any funds from the distribution. Plaintiff moves for an order compelling defendant to comply ...

Excerpt: ...eles (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 t...

Excerpt: ...d 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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in settlement, the extent of discov...

Excerpt: ...29; Robinson Helicopter co., Inc. v. Dana corp. (2004) 34 cal.4th 979, 989-90.) The supreme Court stated, Page | 2 "[T]he duty that gives rise to tort liability is either completely independent of the contract or arises from conduct which is both intentional and intended to harm." (Erlich v. Menezes (1999) 21 Cal.4th 543, 552.) In certain instances, an exception has been permitted under professional service contracts (e.g., a claim against an att...

Excerpt: ...) Discriminaton (disability) against Caremore Plan, Caremore System, Elevance, Elevance CA, and Elevance Cos. [collectively "Elevance-caremore"]; (2) Failure to accommodate against Elevance-Caremore; (3) Failure to interact against Elevance-Caremore; (4) Wrongful termination against Elevance-Caremore; (5) Retaliation (FEHA) against Elevance-Caremore; (6) Wrongful termination against Elevance-Caremore; (7) Retaliation (CFRA) against Elevance-Carem...

Excerpt: ...enforcement of state labor laws." (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 77.) The court must also find that the plaintiff "has adequately represented the state's interests, and hence the public interest." (ld. at p. 89.) The LWDA must have been notified of the settlement and given an opportunity to object. The Proposed Settlement Gross Settlement Amount: $ 142,032.00 Attorney Fee: $ 47,344.00 Costs: $ 2,448.19 Administration Fee: S ...

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: ...eed 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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the riskof maintaining class action status through trial, the amount offered in settlement, the exten...

Excerpt: ...tail, 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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class achon status through trial...

Excerpt: ... Co. and Robar Enterprises, Inc.: 1. Failure to Pay Overtime Wages 2. Failure to Pay Minimum Wages 3. Failure to Provide Meal Periods or Compensation in Lieu Thereof 4. Failure to Provide Rest Periods or Compensation in Lieu Thereof 5. Waiting Time Penalties 6. Wage Statement Violations 7. Violation of S 2802 8. Violation of Business and Professions Ctxle S 17200 et seq. 9. Civil Penalties under Labor Cade S 226.3 10.Civil Penalties Under Labor C...

Excerpt: ...ords pertaining to the care, treatment, and examination of [Doe] regardless of treatment dates including all offce, ER, pathology records, inpatient and outpatient charts and records. Produce all electronic discovery records including correspondence and email records, prescriptions, and patient questionnaires. All descriptions of all exercises proscribed and documentation that indicates dates and times of patient's appointments. Include all physi...

Excerpt: ...ers 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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in settlement, the extent of discovery com...