Preview
Electrunlully _
brfiuplnur Cour! flfialiflnllflaunfil nFS-m Malia
U" 10/22/201 9
m_munmflfiggun— Dam:
GREGG A. FIS’CH, Cal. Bar No. 214486
gfisch@sheppardmu11in.com
Y. DOUGLAS YANG, Cal. Bar No. 307550
dyang@sheppardmu11in.com
MICHAELA GOLDSTEIN, Cal. Bar No. 3 1 6455
mgoldstein@sheppardmullin.com
A 1901 Avenue ofthe Stars, Suite 1600
Los Angeles, California 90067-6055
Telephone: 3 1 0.228.3700
Facsimile: 310.228.3701
Attorneys for Defendant
MOBILEONE, LLC
KOOOQQKJI
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN MATEO
10 COMPLEX CIVIL» LITIGATION
11 In. re MOBILEONE WAGE AND HOUR Judicial Council Coordination Proceedings
CASES, No. JCCP 5039
12
Coordinated Proceeding Special Title (CRC Assigned For All Purposes To The Honorable
Rule 3.550) Marie S. Weiner, Department 2
14 NOTICE 0F MOTION AND MOTION
FOR C.C;P. § 437c(t) SUMMARY
15 ADJUDICATION 0F LEGAL ISSUES
16 [Filed concurrently with Memorandum of
Points and Authorities; Separate Statement 0f
17 Undisputed Material Facts; Appendix of
Evidence; and [Proposed] Order]
18
Hearing date: December 16, 2019
19 Time: 10:00 am.
Location: 400 County Center
20 Redwood City, CA 94063, Department 2.
21 ConsolidatedComplaint Filed: Sept. 6, 2019
Kiki' Chess Complaint Filed: May 30, 2018
22 Vivian Ly Complaint Filed: October 19, 201 8
23
.24
25
26
27
28
-1-
SMRHz4829-5414-00735 NOTICE 0F MOTION AND MOTION FOR C.C.P. § 437c(t)SUMMARY ADJUDICATION
TO PLAINTIFFS KIKI CHESS AND VIVIAN LY AND THEIR COUNSEL OF
RECORD, AND TO THE COURT:
NOTICE IS HEREBY GIVEN by Defendant MobileOne LLC (“Defendant” or
“MobileOne:”) that, on December 16', 2019, at 10:00 a.m., or as soon thereafter as counsel may be
\OOO\]O\Ul-hwl\)>—A
heard, in Department 2 of the above-entitled Court, located at 400 County Center, Redwood City,
CA 94063,, Defendant will and hereby does, move this Court, pursuant to subdivision (t) of
Section 437C of the Code of Civil Procedure, for ‘an order grantng summary adjudication, in its
I
favor, as to the noticed issues below.
As, seen in the accompanying Joint Stipulated Facts and pursuant to the Parties? previous
Joint Stipulation and declarations, including as stated on the record at the Case Management
Conference held on September '1
9, 201 9, and set forth in theif Jcfint Case Management Conference
Statement filed on September 13, 2019, Defendant and Plaintiffs Kiki Chess (“Plaintiff Chess”)
and Vivian Ly (“Plaintiff Ly” and collectively, “Plaintiffs”) stipulate to the basic issue. to be
adjudicated —-whether and to what extent the Cannon Settlement precludes, bars, or releases class
—- and to certain undisputed facts,
claims asserted by Plaintiffs in the instant coordinated action
such that the Parties stipulate that the Court may hear the Motion and that the resolution of the
Motion will further the interests ofjudicial
NNNNNNNNNHHHHp—‘HHr—At—Ay—a
economy by decreasing trial "time or significantly
increasing the likelihood of settlement.
Pursuant to subdivision (t) of Section 43 7c of the Code of Civil Procedure, Defendant
M
OONQ‘JI-bUJNHOOOOQONM-PWNHO
submits the below issues to be adjudicated:
The court—approved settlement in.the class action. lawsuit, entitled Matthew
Maurice Cannon, et al., v.MobileOne LLC, Case No. 34—2015—00179159-CU-OE-GD'S,
Sacramento Superior Court of California (filed on May 13, 2015'), (hereafter referenced as
“Cannon”), releases, precludes, and/or bars Plaintiffs’ first cause of action for failure to provide
meal periods, insomuch as that claim concerns putative class members in the instant coordinated
action Who were Cannon Class Members and that relate to any such claims that run through
July 5, 2016 (the “Release Period”).
_2_
.
SMRHI4829'5414-0073-5 NOTICE OF MOTION AND MOTION FOR C.C.P. § 437c(t)SUMMARY ADJUDICATION
Issue .2: The Cannon Settlement releases, precludes, and/or bars Plaintiffs’ second
cause of action for failure to provide rest periods, insomuch as that claim concerns putative class
members in the instant coordinated action who were Cannon Class Members and that relate to any
I
m-bmw
such claims during the Release Period.
Issue 3: The Cannon Settlement releases, precludes, and/o‘r bars Plaintiffs’ third
cause of action for failure to pay hourly wages, insomuch as that claim concerns putative class
members in the instant coordinated action Who were Cannon Class Members and that relate to any
\OOO\)O\
such claims during the Release Period.
Issue 4: The Cannon. Settlement releases, precludes, and/or bars Plaintiffs’ fourth
10 cause of action for failure to pay vacation wages, insomuch as that claim concerns putative class
11 members in the instant coordinated action who were Cannon Class Members and that relate to any
12‘ such claims during the Release Period.
13 Issue 5: The Cannon Settlement releases, precludes, and/or bars Plaintiffs’ fifth
14 cause of action for failure to pay sick time, insomuch as that claim concerns putative class
15 members in the instant coordinated action who were Cannon Class Members and that relate to any
16 such claims during the Release Period.
17 Issue 6: The Cannon Settlement releases, precludes, and/or bars Plaintiffs’ sixth
18 cause of action for failure to indemnify, insomuch as that claim concerns putative class members
19 in the instant coordinated action who were Cannon Class Members and that relate to any such
20 claims during the Release Period.
21 Issue 7:. The Cannon Settlement releases, precludes, and/or bars. Plaintiffs’ seventh
22 cause of action for.failure to provide accurate written wage statefilents, insomuch as that claim
23 concerns putative class members in the instant coordinated action who were Cannon Class
I
24 Members and that relate to any such claims during the Release Period.
25 Issue 8: The Cannon Settlement releases, precludeé, and/or bars Plaintiffs’ eighth
26 cause of action for failure to timely pay final wages, insomuch as that claim concerns putative
27 class members in the instant coordinated action who were Cannon Class Members and that relate
'28 to any such claims during the Release Period.
-31-
SMRH:4829-5414-0073-5 NOTICE OF MOTION AND MOTION FOR C.C.P. § 437c(t)SUMMARY ADJUDICATION
Issue 9,: Tha Cannon Settlement releases, precludes, andfor bars Plaintiffs“ ninth
cause 0f action fur violation of Labor Code section 221, insomuch as that claim concerns putative
class members in the instant coordinated action who were Cannon Class Members and that relate
to any such claims during the Release: Period.
Issue
\DWHJOHU‘I-hb-INH
10: The Cannon Settlement releases, precludes, andfor bars Plamtifis’ tenth
cause of action for unfair competition, insomuch as that claim concerns putative class members in
the instant coordinated action who were Cannon Class Members and that relate to any such cIaims
during the Release Period.
Issue 11: The Cannon Settlement releases, precludes, andfur bars Piaintifis’ eleventh
cause of action for civil penalties under the California Labor Code, insomuch as that claim
concerns putative class members in the instant coordinated action who were Cannon Class
Members and that relate to any such claims during the Release Period.
Defendant is concurrently filing with this Notice, its memorandum 0f points and
authorities, separate statement of undisputed facts, appendix of evidence, and other supporting
papers and evidence to support this Motion.
Dated: October 22, 2019
MHNMMMNMMHI—dr—tu—tp—tp—u—In—I—nn—a
SHEPPARD MULLIN RICHTER 3c HAMPTON LLP
myfifl 47/
Y.
GREGG A
DOUGLAS
FISCH
YANG
Oflfimmkmeflmmquhmch
MICHAELA GOLDSTEIN
Attorneys for Defendant
MOBILEONE, LLC
-4-
5MRH24319*5414'00735 NOTICE 0F MOTION AND MOTION FOR C.C.P. §437C(I) SUMMARY ADIUDICATION
Preview
Electrunlully _ brfiuplnur Cour! flfialiflnllflaunfil nFS-m Malia U" 10/22/201 9 m_munmflfiggun— Dam: GREGG A. FIS’CH, Cal. Bar No. 214486 gfisch@sheppardmu11in.com Y. DOUGLAS YANG, Cal. Bar No. 307550 dyang@sheppardmu11in.com MICHAELA GOLDSTEIN, Cal. Bar No. 3 1 6455 mgoldstein@sheppardmullin.com A 1901 Avenue ofthe Stars, Suite 1600 Los Angeles, California 90067-6055 Telephone: 3 1 0.228.3700 Facsimile: 310.228.3701 Attorneys for Defendant MOBILEONE, LLC KOOOQQKJI SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN MATEO 10 COMPLEX CIVIL» LITIGATION 11 In. re MOBILEONE WAGE AND HOUR Judicial Council Coordination Proceedings CASES, No. JCCP 5039 12 Coordinated Proceeding Special Title (CRC Assigned For All Purposes To The Honorable Rule 3.550) Marie S. Weiner, Department 2 14 NOTICE 0F MOTION AND MOTION FOR C.C;P. § 437c(t) SUMMARY 15 ADJUDICATION 0F LEGAL ISSUES 16 [Filed concurrently with Memorandum of Points and Authorities; Separate Statement 0f 17 Undisputed Material Facts; Appendix of Evidence; and [Proposed] Order] 18 Hearing date: December 16, 2019 19 Time: 10:00 am. Location: 400 County Center 20 Redwood City, CA 94063, Department 2. 21 ConsolidatedComplaint Filed: Sept. 6, 2019 Kiki' Chess Complaint Filed: May 30, 2018 22 Vivian Ly Complaint Filed: October 19, 201 8 23 .24 25 26 27 28 -1- SMRHz4829-5414-00735 NOTICE 0F MOTION AND MOTION FOR C.C.P. § 437c(t)SUMMARY ADJUDICATION TO PLAINTIFFS KIKI CHESS AND VIVIAN LY AND THEIR COUNSEL OF RECORD, AND TO THE COURT: NOTICE IS HEREBY GIVEN by Defendant MobileOne LLC (“Defendant” or “MobileOne:”) that, on December 16', 2019, at 10:00 a.m., or as soon thereafter as counsel may be \OOO\]O\Ul-hwl\)>—A heard, in Department 2 of the above-entitled Court, located at 400 County Center, Redwood City, CA 94063,, Defendant will and hereby does, move this Court, pursuant to subdivision (t) of Section 437C of the Code of Civil Procedure, for ‘an order grantng summary adjudication, in its I favor, as to the noticed issues below. As, seen in the accompanying Joint Stipulated Facts and pursuant to the Parties? previous Joint Stipulation and declarations, including as stated on the record at the Case Management Conference held on September '1 9, 201 9, and set forth in theif Jcfint Case Management Conference Statement filed on September 13, 2019, Defendant and Plaintiffs Kiki Chess (“Plaintiff Chess”) and Vivian Ly (“Plaintiff Ly” and collectively, “Plaintiffs”) stipulate to the basic issue. to be adjudicated —-whether and to what extent the Cannon Settlement precludes, bars, or releases class —- and to certain undisputed facts, claims asserted by Plaintiffs in the instant coordinated action such that the Parties stipulate that the Court may hear the Motion and that the resolution of the Motion will further the interests ofjudicial NNNNNNNNNHHHHp—‘HHr—At—Ay—a economy by decreasing trial "time or significantly increasing the likelihood of settlement. Pursuant to subdivision (t) of Section 43 7c of the Code of Civil Procedure, Defendant M OONQ‘JI-bUJNHOOOOQONM-PWNHO submits the below issues to be adjudicated: The court—approved settlement in.the class action. lawsuit, entitled Matthew Maurice Cannon, et al., v.MobileOne LLC, Case No. 34—2015—00179159-CU-OE-GD'S, Sacramento Superior Court of California (filed on May 13, 2015'), (hereafter referenced as “Cannon”), releases, precludes, and/or bars Plaintiffs’ first cause of action for failure to provide meal periods, insomuch as that claim concerns putative class members in the instant coordinated action Who were Cannon Class Members and that relate to any such claims that run through July 5, 2016 (the “Release Period”). _2_ . SMRHI4829'5414-0073-5 NOTICE OF MOTION AND MOTION FOR C.C.P. § 437c(t)SUMMARY ADJUDICATION Issue .2: The Cannon Settlement releases, precludes, and/or bars Plaintiffs’ second cause of action for failure to provide rest periods, insomuch as that claim concerns putative class members in the instant coordinated action who were Cannon Class Members and that relate to any I m-bmw such claims during the Release Period. Issue 3: The Cannon Settlement releases, precludes, and/o‘r bars Plaintiffs’ third cause of action for failure to pay hourly wages, insomuch as that claim concerns putative class members in the instant coordinated action Who were Cannon Class Members and that relate to any \OOO\)O\ such claims during the Release Period. Issue 4: The Cannon. Settlement releases, precludes, and/or bars Plaintiffs’ fourth 10 cause of action for failure to pay vacation wages, insomuch as that claim concerns putative class 11 members in the instant coordinated action who were Cannon Class Members and that relate to any 12‘ such claims during the Release Period. 13 Issue 5: The Cannon Settlement releases, precludes, and/or bars Plaintiffs’ fifth 14 cause of action for failure to pay sick time, insomuch as that claim concerns putative class 15 members in the instant coordinated action who were Cannon Class Members and that relate to any 16 such claims during the Release Period. 17 Issue 6: The Cannon Settlement releases, precludes, and/or bars Plaintiffs’ sixth 18 cause of action for failure to indemnify, insomuch as that claim concerns putative class members 19 in the instant coordinated action who were Cannon Class Members and that relate to any such 20 claims during the Release Period. 21 Issue 7:. The Cannon Settlement releases, precludes, and/or bars. Plaintiffs’ seventh 22 cause of action for.failure to provide accurate written wage statefilents, insomuch as that claim 23 concerns putative class members in the instant coordinated action who were Cannon Class I 24 Members and that relate to any such claims during the Release Period. 25 Issue 8: The Cannon Settlement releases, precludeé, and/or bars Plaintiffs’ eighth 26 cause of action for failure to timely pay final wages, insomuch as that claim concerns putative 27 class members in the instant coordinated action who were Cannon Class Members and that relate '28 to any such claims during the Release Period. -31- SMRH:4829-5414-0073-5 NOTICE OF MOTION AND MOTION FOR C.C.P. § 437c(t)SUMMARY ADJUDICATION Issue 9,: Tha Cannon Settlement releases, precludes, andfor bars Plaintiffs“ ninth cause 0f action fur violation of Labor Code section 221, insomuch as that claim concerns putative class members in the instant coordinated action who were Cannon Class Members and that relate to any such claims during the Release: Period. Issue \DWHJOHU‘I-hb-INH 10: The Cannon Settlement releases, precludes, andfor bars Plamtifis’ tenth cause of action for unfair competition, insomuch as that claim concerns putative class members in the instant coordinated action who were Cannon Class Members and that relate to any such cIaims during the Release Period. Issue 11: The Cannon Settlement releases, precludes, andfur bars Piaintifis’ eleventh cause of action for civil penalties under the California Labor Code, insomuch as that claim concerns putative class members in the instant coordinated action who were Cannon Class Members and that relate to any such claims during the Release Period. Defendant is concurrently filing with this Notice, its memorandum 0f points and authorities, separate statement of undisputed facts, appendix of evidence, and other supporting papers and evidence to support this Motion. Dated: October 22, 2019 MHNMMMNMMHI—dr—tu—tp—tp—u—In—I—nn—a SHEPPARD MULLIN RICHTER 3c HAMPTON LLP myfifl 47/ Y. GREGG A DOUGLAS FISCH YANG Oflfimmkmeflmmquhmch MICHAELA GOLDSTEIN Attorneys for Defendant MOBILEONE, LLC -4- 5MRH24319*5414'00735 NOTICE 0F MOTION AND MOTION FOR C.C.P. §437C(I) SUMMARY ADIUDICATION