Motion Types Legal Issues

What is a Motion for Class Certification?

Most Useful Motion for Class Certification Examples

Recent Examples of Motion for Class Certification

1-25 of 500 results

GARY SARINA V. PHYSICIAN’S AUTOMATED LABORATORIES, ET AL.

On March 15, 2018, Gary Sarina (Plaintiff) filed a class action employment lawsuit against Physician’s Automated Laboratories, Inc. and Sonic Healthcare USA, Inc. (Defendants). On behalf of himself and all others similarly situated, Plaintiff’s complaint al...

...before the Court is Plaintiff’s motion for approval of (1) the PAGA settlement, (2) appointment of settlement administrator, (3) Plaintiff’s enhancement payment, and (4) attorney’s fees and costs. The motion is unopposed. “A PAGA representative action is ... a type of qui tam action” in which a private plaintiff pursues a dispute between an employer and the Labor and Workforce Development Agency (LWDA) on...

  • Hearing

    Feb 20, 2020

ROBINSON V. TURNING POINT

Motion: by plaintiff for class certification Tentative Ruling: To grant. To order that the parties meet and confer on class notice and file either 1) a jointly approved notice or 2) their own preferred notice as well as lodge a proposed order en...

...the motion or points and authorities, and those shall be placed in the public file. The declaration of Mr. Blanchard includes the names of patients and/or clients of defendant. While no party filed a motion to seal, the public disclosure of treatment records for non-parties is not justified. Therefore, Mr. Blanchard’s entire declaration shall be placed under seal, to preserve confidentiality under Eviden...

  • Hearing

    Feb 19, 2020

BRETT SMITH V. KENNEDY MANAGEMENT SERVICES

...terms, and executing the Settlement Agreement. Plaintiff now moves for: 1. Preliminary approval of the proposed class settlement of this lawsuit; 2. Provisional certification of the following Settlement Class: All current and former non-exempt employees who have worked for Defendant Kennedy Management Services, Inc., in California, and held the job title of Fitness Instructor, or other comparable positions...

...that it be disseminated to the proposed Settlement Class Members as provided in the Settlement Agreement. Plaintiff filed this motion for preliminary approval, along with supporting declarations from class counsel, and a copy of the Settlement Agreement and notice packet. There are three stages to the Court’s settlement approval process: (1) preliminary approval of the proposed settlement at an informal...

  • Hearing

    Feb 19, 2020

SIONE TENEFUFU VS. FIRST AMERICAN SPECIALTY INSURANCE COMPANY

...time, the parties shall report as to the potential or accomplished settlement of this action. If no settlement is attained, the parties shall propose a schedule regarding class discovery and certification motions. The Court encourages the parties to continuing using a Joint CMC Statement. CMC Statements are due 15 days prior to the CMC, with courtesy copies delivered directly to the department. The Court rel...

...complex civil management of this action. Plaintiff is ordered to notify all counsel/parties of this Tentative Ruling. Parties are to provide a courtesy copy of all filings and pleadings, except Law and Motion matters, directly to the department. NOTICE: To request oral argument on this matter, you must call the Court at (916) 874-7885 (Department 35) by 4:00 p.m., the court day before this hearing and no...

  • Hearing

    Feb 19, 2020

MANUELA 'AILA' KAHLFUSS VS. CALIFORNIA FAMILY HEALTH LLC, A DELAWARE COMPANY

Tentative Ruling: Motion for Preliminary Approval of Class Action Settlement The Court issues the following tentative ruling for the hearing on February 21, 2020, at 9:30 a.m. regarding the motion for preliminary approval of class action settlement filed by P...

...Court must still hold a hearing on the motion as it may involve the receipt of evidence. Thus, while the Court anticipates that neither Plaintiffs nor Defendant will request oral argument, and while no class member has indicated any intent to appear at the hearing, this does not relieve the parties from appearing at the hearing or otherwise render the instant ruling final in the event oral argument is not...

  • Hearing

    Feb 18, 2020

MARTINEZ VS PC EXPERTS LLC [EFILE]

Tentative Ruling on Demurrer to First Amended Cross-Complaint Martinez v. PC Experts, Case No. 2019-39213 February 21, 2020, 1:30 p.m., Dept. 72 1. Overview and Procedural Posture. This is a putative class action challenging the wage and hour practices of defendants. The ten count complaint was filed July 29, 2019. ROA 1. T-Mobile answered. ROA 14. The PC Experts defendants answered and cross-complained...

...inconsistent allegations, an election of remedies may be required before entry of judgment"; italics in original). 4. CMC. The parties shall be prepared to discuss the setting of a class certification motion.

  • Hearing

    Feb 18, 2020

MARTINEZ VS PC EXPERTS LLC [EFILE]

Tentative Ruling on Demurrer to First Amended Cross-Complaint Martinez v. PC Experts, Case No. 2019-39213 February 21, 2020, 1:30 p.m., Dept. 72 1. Overview and Procedural Posture. This is a putative class action challenging the wage and hour practices of defendants. The ten count complaint was filed July 29, 2019. ROA 1. T-Mobile answered. ROA 14. The PC Experts defendants answered and cross-complained...

...inconsistent allegations, an election of remedies may be required before entry of judgment"; italics in original). 4. CMC. The parties shall be prepared to discuss the setting of a class certification motion.

  • Hearing

    Feb 18, 2020

SHUMWAY V. INTUIT, INC.

...RULING RE: MOTION FOR PRELIMINARY APPROVAL OF 14 Plaintiff, CLASS ACTION SETTLEMENT 15 vs. 16 INTUIT, INC., a Delaware corporation, and DOES 1-100, inclusive, 22 I. INTRODUCTION 23 This is a putative class action brought by plaintiffs Wade Shumway (“Shumway”) and 24 Johanna Tovar (“Tovar”) (collectively, “Plaintiffs”), arising out of various alleged Labor Code 25 violations. According to the allegations...

...approval of the 13 settlement. 14 II. LEGAL STANDARD 15 Generally, “questions whether a settlement was fair and reasonable, whether notice to the 16 class was adequate, whether certification of the class was proper, and whether the attorney fee 17 award was proper are matters addressed to the trial court’s broad discretion.” (Wershba v. Apple 18 Computer, Inc. (2001) 91 Cal.App.4th 224, 234-235, citin...

  • Hearing

    Feb 14, 2020

CHRISTINA MENDOZA V. PLANNED PARENTHOOD MAR MONTE, INC., ET AL.

...Legal Standards for Approving a Class Action/PAGA Settlement Generally, “questions whether a settlement was fair and reasonable, whether notice to the class was adequate, whether certification of the class was proper, and whether the attorney fee award was proper are matters addressed to the trial court’s broad discretion.” (Wershba v. Apple Computer, Inc. (2001) 91 Cal.App.4th 224, 234-235, citing Dunk...

...for Certifying a Class for Settlement Purposes Rule 3.769(d) of the California Rules of Court states that “[t]he court may make an order approving or denying certification of a provisional settlement class after [a] preliminary settlement hearing.” California Code of Civil Procedure Section 382 authorizes certification of a class “when the question is one of a common or general interest, of many persons...

  • Hearing

    Feb 14, 2020

MCGILL V. ON-SITE AKA ON-SITE MANAGER, INC., ET AL.

...similarly 11 situated, TENTATIVE RULING RE: MOTION FOR FINAL APPROVAL OF CLASS 12 Plaintiffs, ACTION SETTLEMENT 13 vs. 14 POPSUGAR INC. and POPSUGAR MEDIA INC., 20 I. INTRODUCTION 21 This is a putative class action. Plaintiffs Cathy O’Brien and Laura Adney (collectively, 22 “Plaintiffs”) are social media influencers. (Amended Class Action Complaint (“Complaint”), 23 ¶¶ 4-5.) Thousands of influencers acros...

...final approval of the settlement. 11 II. LEGAL STANDARD 12 Generally, “questions whether a settlement was fair and reasonable, whether notice to the 13 class was adequate, whether certification of the class was proper, and whether the attorney fee 14 award was proper are matters addressed to the trial court’s broad discretion.” (Wershba v. Apple 15 Computer, Inc. (2001) 91 Cal.App.4th 224, 234-235, citin...

  • Hearing

    Feb 14, 2020

HERNANDEZ VS SPECTRUM SECURITY SERVICES INC [E-FILE]

...Armando Hernandez, individually and on behalf of other members of the public similarly situated, brings this motion for class certification. The Class is defined as current and former employees who were classified as non-exempt and who were employed between September 27, 2014 until 45 days before the first designated trial date. The seven proposed Sub-Classes: (1) Rest Period Policy Class; (2) Meal Period ...

...treatment must demonstrate the existence of an ascertainable and sufficiently numerous class, a well-defined community of interest, and substantial benefits from certification that render proceeding as a class superior to the alternatives. (Code Civ. Proc., § 382; Fireside Bank, at p. 1089, 56 Cal.Rptr.3d 861, 155 P.3d 268; Linder v. Thrifty Oil Co. (2000) 23 Cal.4th 429, 435, 97 Cal.Rptr.2d 179, 2 P.3d 27;...

  • Hearing

    Feb 13, 2020

HERNANDEZ VS SPECTRUM SECURITY SERVICES INC [E-FILE]

...Armando Hernandez, individually and on behalf of other members of the public similarly situated, brings this motion for class certification. The Class is defined as current and former employees who were classified as non-exempt and who were employed between September 27, 2014 until 45 days before the first designated trial date. The seven proposed Sub-Classes: (1) Rest Period Policy Class; (2) Meal Period ...

...treatment must demonstrate the existence of an ascertainable and sufficiently numerous class, a well-defined community of interest, and substantial benefits from certification that render proceeding as a class superior to the alternatives. (Code Civ. Proc., § 382; Fireside Bank, at p. 1089, 56 Cal.Rptr.3d 861, 155 P.3d 268; Linder v. Thrifty Oil Co. (2000) 23 Cal.4th 429, 435, 97 Cal.Rptr.2d 179, 2 P.3d 27;...

  • Hearing

    Feb 13, 2020

CLARK VS ANNTAYLOR RETAIL INC [E-FILE]

Plaintiff's motion for preliminary approval of a class action settlement is granted. A class is conditionally certified for purposes of settlement. Cal. Rules of Court, rule 3.769(d). The Sullivan Law Group, APC is designated as class counsel. CAC Services, LLC is designated as the claims adm...

...Ascena Retail Group, Inc.'s subsidiaries at any time between March 11, 2015 through the date of preliminary approval (but only through May 6, 2019 for employees of Marices Incorporated). The proposed class is estimated to include approximately 22,000 members. The parties reached a settlement via a "mediator's proposal" after attending a day-long mediation with Michael Dickstein. The proposed settlement...

  • Hearing

    Feb 13, 2020

DANIEL AGUILAR VS. EVO- EMERGENCY VEHICLE OUTFITTERS INC

...others similarly situated, and Plaintiffs' motion for attorney fees and costs. No oppositions have been filed. NOTICE: The Court's ruling tentatively indicates that it will give its final approval to the class action settlement conditioned upon further arguments to be made during the final fairness hearing. While no class member indicated any intent to appear at the hearing, this does not relieve the partie...

...not report any proceeding unless a request is made and the requisite fees are paid in advance of the hearing. MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT This motion seeks final approval of a class action settlement. The proposed settlement will dispose of this action. As noted, no opposition has been filed, nor has any Class Member filed any objections to the settlement. Before final approval ...

  • Hearing

    Feb 13, 2020

ANTHONY SMITH VS DEL REY RESTAURANT CORPORATION

Preliminary Approval of Class Action Settlement Department SSC-1 Hon. Daniel Buckley Smith et al. v. Del Rey Restaurant Corporation, et al. Case Number: BC648826 r/t BC661228 Hearing: February 11, 2020 TENTATIVE RULING Cont...

...following: 1. Class Certification: a. Counsel needs to address the adequacy of the class representatives. 2. Counsel needs to provide a reasonable estimate of the nature and amount of recovery that each class member could have obtained if Plaintiff prevailed as to the PAGA cause of action. The most important factor is the strength of the case for plaintiffs on the merits, balanced against the amount offere...

  • Hearing

    Feb 11, 2020

EDUARDO RUIZ VS. SUTTER HOME WINERY INC

...appearance is required under the following conditions: All parties report that a mediation is scheduled for August 3, 2020. All parties request that the Court not set a deadline for class certification motions until after the mediation is completed. In light of the parties' requests, the Court shall reset the CMC for September 18, 2020, at 10:00 a.m., in Department 28. CMC Statements are due 15 calendar da...

...propose a schedule for the filing, briefing and hearing on any class certification motion. Plaintiff is ordered to notify all counsel/parties of this minute order. All filings and pleadings except Law and Motion matters are to be filed in Department 28. NOTICE: To request oral argument on this matter, you must call the Court at (916) 874-7885 (Department 35) by 4:00 p.m., the court day before this hearing an...

  • Hearing

    Feb 11, 2020

BOCHENEK VS M2 MEDIA GROUP LLC

Tentative Ruling on Motion for Preliminary Approval of Class Action Settlement Bochenek v. M2 Media Group LLC, Case No. 2019-25568 February 14, 2020, 1:30 p.m., Dept. 72 1. Overview and Procedural Posture. This is a Consumer Legal Remedies Act/Unfair Competi...

...approval of a class action settlement. ROA 40-44. By design, the motion is unopposed. The court has reviewed the papers. The case is also set for a continued CMC. ROA 38. 2. Applicable Standards for Class Certification. "Under Code of Civil Procedure section 382, a class action is permitted 'when the question is one of a common or general interest, or many persons, or when the parties are numerous, and it is imprac...

  • Hearing

    Feb 10, 2020

BOCHENEK VS M2 MEDIA GROUP LLC

Tentative Ruling on Motion for Preliminary Approval of Class Action Settlement Bochenek v. M2 Media Group LLC, Case No. 2019-25568 February 14, 2020, 1:30 p.m., Dept. 72 1. Overview and Procedural Posture. This is a Consumer Legal Remedies Act/Unfair Competi...

...approval of a class action settlement. ROA 40-44. By design, the motion is unopposed. The court has reviewed the papers. The case is also set for a continued CMC. ROA 38. 2. Applicable Standards for Class Certification. "Under Code of Civil Procedure section 382, a class action is permitted 'when the question is one of a common or general interest, or many persons, or when the parties are numerous, and it is imprac...

  • Hearing

    Feb 10, 2020

GONZALEZ VS MICROVENTION INC.

1. Plaintiff Gonzalez’s Motion to Be Relieved as Counsel of Record 2. Review Hearing re Stay 3. Order to Show Cause re: Striking Class Action and PAGA Claims Motion to be Relieved as Counsel The Motion to be Relieved as Counsel brought by Mahoney Law Group, APC is CONTINUED to March 5, 2020. Plaintiff’s Counsel is ordered to provide ...

...Microvention. Plaintiff alleges Defendant failed to provide proper meal and rest breaks, failed to pay all wages owed and failed to provide accurate itemized wage statements. Plaintiff identifies a subclass for each claim. The Complaint includes a PAGA class. A Notice of Related Case was filed on September 5, 2018, by Plaintiff Ricardo Gonzalez, which indicates this action is related to Nguyen v. Microve...

  • Hearing

    Feb 7, 2020

GONZALEZ VS MICROVENTION INC.

1. Plaintiff Gonzalez’s Motion to Be Relieved as Counsel of Record 2. Review Hearing re Stay 3. Order to Show Cause re: Striking Class Action and PAGA Claims Motion to be Relieved as Counsel The Motion to be Relieved as Counsel brought by Mahoney Law Group, APC is CONTINUED to March 5, 2020. Plaintiff’s Counsel is ordered to provide ...

...Microvention. Plaintiff alleges Defendant failed to provide proper meal and rest breaks, failed to pay all wages owed and failed to provide accurate itemized wage statements. Plaintiff identifies a subclass for each claim. The Complaint includes a PAGA class. A Notice of Related Case was filed on September 5, 2018, by Plaintiff Ricardo Gonzalez, which indicates this action is related to Nguyen v. Microve...

  • Hearing

    Feb 7, 2020

ROSSI VS. CARDINAL FINANCIAL COMPANY, L.P.

...Charllie Geissler's Motion for Preliminary Approval of Class Action Settlement, Conditional Certification, Approval of Class Notice, and Setting of Final Approval Hearing date The hearing on Plaintiff’s motion for preliminary approval of class action settlement is CONTINUED to March 20, 2020 at 9:00 a.m. in Department CX104 to permit the parties to respond to the following item of concern. Any supplemental ...

  • Hearing

    Feb 7, 2020

LOPEZ VS. BUFFALO WILD WINGS INTERNATIONAL, INC.

...LLC's Motion to Compel Further Verified Responses to Special Interrogatories (Set 1) 2)Defendants Wingmen V, LLC; MBH Holdings, LLC; Perpetual Wings, LLC; Pacific Bells, Inc.; and World Wide Wings, LLC's Motion to Compel Plaintiff's Verified Further Responses and Production to Requests for Production of Documents (Set I) Defendants Wingmen V, LLC; MBH Holdings, LLC; Perpetual Wings, LLC; Pacific Bells, Inc.;...

...February 24, 2020. Plaintiff and his counsel, Henry M. Lee, are jointly and severally sanctioned in the amount of $5,000, representing $2,000 on the motion regarding special interrogatories and $3,000 on the motion pertaining to requests for production. These sanctions are payable to Defendants by March 9, 2020. I. Factual Background The five defendants each propounded identical sets of special interrogatories a...

  • Hearing

    Feb 7, 2020

GERARDO SEGURA V. SAN JOSE, LLC, ET AL.

This is a putative class and Private Attorneys General Act (“PAGA”) action alleging wage and hour violations by defendants San Jose, LLC and Regional Medical Center of San Jose. The parties have reached a settlement, which th...

...service award. Plaintiff’s motion is unopposed. I. Legal Standards for Approving a Class Action/PAGA Settlement Generally, “questions whether a settlement was fair and reasonable, whether notice to the class was adequate, whether certification of the class was proper, and whether the attorney fee award was proper are matters addressed to the trial court’s broad discretion.” (Wershba v. Apple Computer, Inc...

  • Hearing

    Feb 7, 2020

SIGRID R. WILLIAMS V. PREMIER SPECIALTY BRANDS LLC, ET AL.

This is a putative wage and hour class action on behalf of employees of defendants Premier Specialty Brands LLC and Costco Wholesale Corporation. The parties have reached a settlement, which the Court preliminarily approved in an order fil...

...service award. Plaintiff’s motion is unopposed. I. Legal Standards for Approving a Class Action/PAGA Settlement Generally, “questions whether a settlement was fair and reasonable, whether notice to the class was adequate, whether certification of the class was proper, and whether the attorney fee award was proper are matters addressed to the trial court’s broad discretion.” (Wershba v. Apple Computer, Inc...

  • Hearing

    Feb 7, 2020

ROSSI VS. CARDINAL FINANCIAL COMPANY, L.P.

Plaintiffs Luis Rossi and Charllie Geissler's Motion for Preliminary Approval of Class Action Settlement, Conditional Certification, Approval of Class Notice, and Setting of Final Approval Hearing date

  • Hearing

    Feb 7, 2020

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