This case was last updated from Los Angeles County Superior Courts on 10/19/2019 at 00:26:19 (UTC).

PAULINA VEGA VS JPMORGAN CHASE BANK NA

Case Summary

On 03/21/2018 a Labor - Other Labor case was filed by PAULINA VEGA against JPMORGAN CHASE BANK NA in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8750

  • Filing Date:

    03/21/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Labor - Other Labor

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

CAROLYN B. KUHL

 

Party Details

Plaintiff and Petitioner

VEGA PAULINA

Defendants and Respondents

DOES 1 TO 10

JPMORGAN CHASE BANK N.A.

DOES 1 TO 10 INCLUSIVE

 

Court Documents

Declaration - DECLARATION OF A. GRODAN IN SUPPORT

7/3/2019: Declaration - DECLARATION OF A. GRODAN IN SUPPORT

Memorandum of Points & Authorities

7/3/2019: Memorandum of Points & Authorities

Stipulation and Order - STIPULATION AND ORDER NOTICE OF SETTLEMENT AND STIPULATION TO VACATE DATES

8/21/2019: Stipulation and Order - STIPULATION AND ORDER NOTICE OF SETTLEMENT AND STIPULATION TO VACATE DATES

Stipulation and Order - Stipulation and Order to Continue Trial

12/20/2018: Stipulation and Order - Stipulation and Order to Continue Trial

Declaration - Declaration of Molly A. Desario in Support of Plaintiff's Opposition to Defendant JPMorgan Chase Bank, N.A.'s Motion to Compel Responses to Defendant's Requests for Production, Set One

12/27/2018: Declaration - Declaration of Molly A. Desario in Support of Plaintiff's Opposition to Defendant JPMorgan Chase Bank, N.A.'s Motion to Compel Responses to Defendant's Requests for Production, Set One

Opposition - Defendant JPMorgan Chase Bank, N.A.'s Opposition to Plaintiff Paulina Vega's Motion to Compel Further Responses to Plaintiff's Requests for Production of Documents No. 3

12/27/2018: Opposition - Defendant JPMorgan Chase Bank, N.A.'s Opposition to Plaintiff Paulina Vega's Motion to Compel Further Responses to Plaintiff's Requests for Production of Documents No. 3

Separate Statement - Defendant JPMorgan Chase Bank, N.A.'s Separate Statement in Opposition to Plaintiff Paulina Vega's Separate Statement in Support of Motion to Compel Further Responses to Plaintiff

12/27/2018: Separate Statement - Defendant JPMorgan Chase Bank, N.A.'s Separate Statement in Opposition to Plaintiff Paulina Vega's Separate Statement in Support of Motion to Compel Further Responses to Plaintiff

Separate Statement - Separate Statement in Support of Motion to Compel Defendant's Further Responses to Plaintiff's Request for Production of Documents No. 3 [Cal. R. Ct. 3.1345]

11/30/2018: Separate Statement - Separate Statement in Support of Motion to Compel Defendant's Further Responses to Plaintiff's Request for Production of Documents No. 3 [Cal. R. Ct. 3.1345]

Declaration - Declaration of Alexander L. Grodan

12/3/2018: Declaration - Declaration of Alexander L. Grodan

Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

12/3/2018: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

STIPULATION RE: BENCH TRIAL,ETC

8/22/2018: STIPULATION RE: BENCH TRIAL,ETC

Minute Order -

8/27/2018: Minute Order -

REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANT'S BRIEF RE: RIGHT TO A JURY TRIAL UNDER THE PRIVATE ATTORNEYS GENERAL ACT ("PAGA")

8/13/2018: REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANT'S BRIEF RE: RIGHT TO A JURY TRIAL UNDER THE PRIVATE ATTORNEYS GENERAL ACT ("PAGA")

DEFENDANT JP MORGAN CHASE BANK, N.A.'S BRIEF RE: RIGHT TO A JURY TRIAL UNDER THE PRIVATE ATTORNEYS GENERAL ACT ("PAGA")

8/13/2018: DEFENDANT JP MORGAN CHASE BANK, N.A.'S BRIEF RE: RIGHT TO A JURY TRIAL UNDER THE PRIVATE ATTORNEYS GENERAL ACT ("PAGA")

CASE MANAGEMENT STATEMENT

7/23/2018: CASE MANAGEMENT STATEMENT

DEFENDANT JPMORGAN CHASE BANK, N.A.'S ANSWER TO PLAINTIFF'S UNVERIFIED COMPLAINT

5/17/2018: DEFENDANT JPMORGAN CHASE BANK, N.A.'S ANSWER TO PLAINTIFF'S UNVERIFIED COMPLAINT

Minute Order -

4/25/2018: Minute Order -

NOTICE OF CASE MANAGEMENT CONFERENCE

5/3/2018: NOTICE OF CASE MANAGEMENT CONFERENCE

24 More Documents Available

 

Docket Entries

  • 11/12/2019
  • Hearing11/12/2019 at 08:30 AM in Department 34 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal

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  • 10/17/2019
  • Docketat 08:35 AM in Department 34; Non-Jury Trial - Not Held - Vacated by Court

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  • 10/08/2019
  • Docketat 09:00 AM in Department 34; Final Status Conference - Not Held - Vacated by Court

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  • 10/04/2019
  • Docketat 08:30 AM in Department 34; Hearing on Motion to Compel Further Discovery Responses

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  • 10/02/2019
  • Docketat 08:30 AM in Department 34; Order to Show Cause Re: (Dismissal) - Held - Continued

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  • 10/02/2019
  • DocketMinute Order ( (Order to Show Cause Re: Dismissal)); Filed by Clerk

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  • 09/30/2019
  • Docketat 08:30 AM in Department 34; Hearing on Motion for Summary Adjudication - Not Held - Vacated by Court

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  • 08/21/2019
  • DocketOrder ([Proposed] Order Re: Notice of Settlement and Stipulation to Vacate Dates); Filed by Paulina Vega (Plaintiff)

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  • 08/21/2019
  • DocketStipulation and Order (NOTICE OF SETTLEMENT AND STIPULATION TO VACATE DATES); Filed by Paulina Vega (Plaintiff)

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  • 07/03/2019
  • DocketMemorandum of Points & Authorities; Filed by JPMorgan Chase Bank N.A. (Defendant)

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42 More Docket Entries
  • 05/03/2018
  • DocketNOTICE OF CASE MANAGEMENT CONFERENCE

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  • 05/03/2018
  • DocketNOTICE OF CASE MANAGEMENT CONFERENCE

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  • 05/02/2018
  • DocketNotice; Filed by Paulina Vega (Plaintiff)

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  • 05/02/2018
  • DocketNOTICE OF COURT RULING REGARDING NON-COMPLEX DETERMINATION AND ASSIGNMENT

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  • 04/25/2018
  • Docketat 00:00 AM in Department 12; (Order-Complex Determination; Case Determined to be non-Complex) -

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  • 04/25/2018
  • DocketMinute order entered: 2018-04-25 00:00:00; Filed by Clerk

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  • 04/25/2018
  • DocketMinute Order

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  • 03/21/2018
  • DocketSUMMONS

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  • 03/21/2018
  • DocketPAGA COMPLAINT (1) CLAIM FOR CIVIL PENALTIES FOR VIOLATIONS OF CALIFORNIA LABOR CODE, PURSUANT TO PAGA, 2698, E SEQ.

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  • 03/21/2018
  • DocketComplaint; Filed by Paulina Vega (Plaintiff)

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Tentative Rulings

Case Number: BC698750    Hearing Date: December 04, 2019    Dept: 34

SUBJECT: Motion for Preliminary Approval of Class Action Settlement

Moving Party: Plaintiff Paulina Vega

Resp. Party: None

Plaintiff’s motion for preliminary approval of class action settlement is DENIED.

BACKGROUND:

On March 21, 2018, Plaintiff Paulina Vega, as an aggrieved employee pursuant to the Private Attorneys General Act (“PAGA”), on behalf of the State of California and other aggrieved employees, commenced this action against Defendant JPMorgan Chase Bank, N.A. for (1) civil penalties for violations of California Labor Code, pursuant to PAGA, section 2698, et seq.

Plaintiff alleges that she worked for Defendant as a non-exempt, hourly-paid employee, from approximately August 3, 2010 to November 29, 2017, at their various branch locations in Los Angeles County as a personal banker and lead teller. (Complaint, ¶ 6.) Plaintiff alleges that that she and other non-party Aggrieved Employees were not paid for all hours worked, at the proper rate, because all hours worked were not recorded, nor were they provided with meal and rest periods or overtime compensation. (Id. at ¶¶ 20-31.)

On October 25, 2019, Plaintiff filed the instant unopposed motion for preliminary approval of class action settlement.

ANALYSIS:

There are both procedural and substantive problems with this motion for Preliminary Class Action Settlement. The procedural problem is sufficient to deny the motion. However, there are several substantive issues as well.

Procedurally, the complaint filed in this action is entitled “PAGA Complaint and lists one cause of action for “Penalties . . . Pursuant to PAGA §§ 2698, et sec.” In other words, this is not a class action. Therefore, the motion for preliminary approval of class settlement is denied.

Therefore, the Court need not decide whether the preliminary settlement is fair. Nonetheless, the Court is concerned as to the fairness of this settlement. As stated above, there is one cause of action for violation of the Labor Code. All of the claims which are being settled are Labor Code PAGA claims, including

· Off-the-Clock/Minimum Wage Claims

· Meal Period Claims

· Rest Period Claims

· Wage Statement Claims and

· Waiting-Time Penalties. (Motion, pp. 18:21-19:4.)

Therefore, at least at first glance, it appears that the LWDA should receive 75% of the settlement. The settlement is $5.9 million, yet the proposed settlement only awards the LWDA $187,500, or barely 2.6% of the settlement.

 

There may well be other issues of fairness to the 15,000 employees who might be covered by this PAGA action, but the Court need to address them at this time.