Jaimez v. First Choice Appeal: The Court of Appeal heard oral arguments on Monday November 16, 2009 regarding the trial court's denial of class certification and denial of our motion to amend the complaint to add two additional class representatives . The highly esteemed Justices Robert M. Mallano, Presiding Justice, Jeffrey W. Johnson, and Victoria Gerard Chaney remanded the case to the trial court ordering that a first amended complaint be filed, allow the plaintiff to name new class representatives and enter an order granting class certification. We are very pleased with this decision. The court's order will become final on or before April 12, 2010. Thereafter, we expect to move the trial court to enforce the order and approve notice to go to the class thereafter. Please monitor this site for future developments.
Brinkley v. Public Storage: The Court of Appeal issued a ruling that agreed with the trial court's summary judgment in favor of Public Storage. As such, on December 4, 2008 the plaintiff, Mr. Brinkley, on behalf of himself and the class of employees, filed a Petition for Review with the California Supreme Court. The Supreme Court has agreed to review the Court of Appeal ruling on a "grant and hold" basis pending its opinion on a companion case of Brinker v. Superior Court (Hohnbaum),(2008) 165 Cal. App. 4th 25. As such, this means that the Brinkley v. Public Storage class action is stayed until the Supreme Court issues its ruling in Brinker. The Brinker matter is fully briefed and the Supreme Court has yet to issue a date for oral argument. Please keep checking our website to monitor the status of this appeal. Tien/McDonough v. Tenet: As you may know, the Tien & McDonough v. Tenet (meal break case) is currently pending in the California Court of Appeal. The Los Angeles Superior Court Judge initially granted class certification to the employees then later reversed its own decision and denied class certification. The plaintiffs believe that the denial of certification was contrary to any existing law and thus have filed a Notice of Appeal asking the Court of Appeal to review the trial court decision and enter a class certification order. The plaintiffs filed Appellant's Opening Brief on March 11, 2010. The deadline for Tenet to file its Respondent's Brief is currently May 24, 2010, although it is possible that this date may be extended. Unfortunately, we cannot be certain as to when the Court of Appeal will schedule the matter for oral argument. Generally, an appeal can take approximately 18 to 24 months from the date of filing the Notice of Appeal. As such, we cannot offer any specific response as to when a decision will be made other than estimate that it will occur sometime in the year 2011. Please monitor our website for up to date status. Methodist Hospital of Arcadia: The Court granted Final Approval of the Class Action Settlement on November 12,2008. As such, the time to file an appeal expired on January 12, 2009 wherein no appeal has been filed. This is great news as the settlement is legally considered final as of January 12, 2009.if you made a valid and timely and valid claim you can expect your first settlement payment to be mailed on or about April 13, 2009. According to the Court approved settlement Methodist is to deposit the first settlement payment of $2 Million dollars to the Claims Administrator by March 13, 2008 such that the first payment to class members who made a timely and valid claim will be mailed on or before April 13, 2009.The remainder of the payment mailing schedule is set forth below as follows: - Second payment on or before December 31, 2011
- Third payment on or before December 31, 2012
- Fourth payment on or before December 31, 2014 and
- Fifth and final payment on or before December 31, 2015.
If you have a Change of Address from this date forward until final payment in 2015 please contact our office and/or the Methodist Hospital Claims Administrator with your new address to ensure you are in receipt of your payments. The claims administrator can be reached at: Methodist Hospital Litigation Settlement Administrator c/o The Garden City Group, Inc. P.O. Box 9313 Dublin, OH 43017-4213. Moyer v. Peppermint Ridge: Congratulations to all class members as the Riverside Superior Court, Judge Waters granted Final Approval of the settlement on June 18,2010. We anticipate payment will be mailed to all timely claimants no later than July 30, 2010. Please contact our office immediately if you are not in receipt of payment by August 15, 2010. Young v. Lowe's: Congratulations to all class members as the Orange County Superior Court, Judge Colaw granted Final Approval of the settlement on June 11,2010. We anticipate payment will be mailed to all timely claimants no later than September 10, 2010 Please contact our office if you are not in receipt of payment by September 24, 2010 Bates v. Rubio's: The Court has set a status conference for July 13, 2010 in order to determine the scope of the Notice to be sent to class members concerning the settlement in this matter as it pertains to the additional 140 class members. After the Notice is sent and the notice period expires, there will be a 3rd installment payment that will be mailed to all qualified class members. We will update our website to provide further information as soon as an order is entered after the July 13, 2010 status conference.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
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by Law Office of Joseph Antonelli. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.
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