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2024.01.10 Motion to Compel Further Responses 472
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.01.10
Excerpt: ...Plaintiff designs, manufactures, and sells electric cars, electric vehicle powertrain components, as well as scalable energy generation and storage products. (FAC, 36.) Plaintiff sells successful electric vehicles and is poised to enter the pickup truck market, with over 500,000 reservations for its highly anticipated Cybertruck. (Ibid.) Defendants Rivian Automotive, Inc. and Rivian Automotive, LLC (collectively, "Rivian") are a prospective elect...
2024.01.10 Motion to Compel Arbitration 144
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.01.10
Excerpt: ...CS's Head of People Operations and Plaintiff's manager. (ld. 5-6.) Plaintiff alleges Hu and Beisel are joint employers with CS. (ld. 4-6.) The Complaint, filed on April 4, 2023, alleges causes of acton for: (1) Discrimination Based on Pregnancy; (2) Failure to Accommodate; (3) CFRA Interference; (4) CFRA Retaliation; (5) Discriminaton Based on Sex; (6) Wrongful Termination in Violation of Public Policy; (7) Retaliation; (8) Failure to Prevent Dis...
2024.01.10 Motion for Preliminary Approval of Settlement 108
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.01.10
Excerpt: ... 2023, sets forth causes of achon for: (1) Violation of Cal. Labor Code SS 510 and 1198 (Unpaid Overtime); (2) Violation of Cal. Labor Code SS 226.7 and 512, subd. (a) (Unpaid Meal Period Premiums); (3) Violation of Cal. Labor Code S 226.7 (Unpaid Rest Period Premiums); (4) Violation of Cal. Labor Code SS 1194, 1197, and 1197.1 (Unpaid Minimum Wages); (5) Violation of Cal. Labor Code SS 201, 202, and 203 (Final Wages Not Timely Paid); (6) Violati...
2024.01.10 Motion for Final Approval of Settlement 092
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.01.10
Excerpt: ...ts forth the following causes of action: (1) Failure to Pay All Minimum Wages; (2) Failure to Pay All Overtime Wages; (3) Rest Period Violations; (4) Meal Period Violations; (5) Wage Statement Violations; (6) Failure to Reimburse for Necessary Business Expenses; (7) Waiting Time Penalties; (8) Failure to Timely Pay Wages During Employment; (9) Unfair Competition; and (10) PAGA Penalties. The parties reached a settlement. Plaintiffs Erlinda Reyes ...
2024.01.10 Motion for Final Approval of Class Action Settlement 173
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.01.10
Excerpt: ...ious wage and hour violations. The Complaint, filed on August 1, 2019, sets forth claims for: (1) Violation of California Labor Code SS 510 and 1198 (unpaid overtime); (2) Violation of California Labor Code SS 226.7 and 512(a) (failure to provide meal periods); (3) Violation of California Labor Code S 226.7 (failure to provide rest periods); (4) Violation of California Labor Code SS 1194, 1197 and 1197.1 (unpaid minimum wages); (5) Violation of C...
2024.01.10 Motion to Compel Arbitration 697
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.01.10
Excerpt: ...vil Penalties Under the Private Attorneys General Act (Labor Code SS 2698, et seq.). Defendant C2 Educational Systems, Inc. ("Defendant") now moves for an order compelling Plaintiff to arbitrate her individual PAGA claim and staying her representative PAGA claim. Plaintiff opposes the motion. II. LEGAL STANDARD "The FAA [Federal Arbitration Act], which includes both procedural and substantive provisions, governs [arbitration] agreements involving...
2023.12.20 Motion to be Relieved as Counsel 419
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.12.20
Excerpt: ...plaint alleging a single cause of action under the Private Attorneys General Act of 2004. (Complaint, 2 & 21 On April 20, 2021, defendants Food Management Partners, Inc., Buffets, LLC, and FMP-Ovation Payroll, LLC (collectively "Defendants") notified this court that they filed a petition for chapter 11 bankruptcy. On October 11, 2022, Spencer Skeen ("Skeen"), Tim Johnson, and Jesse Ferrantella, attorneys with the law firm of Ogletree, Deakins, Na...
2023.12.20 Motion for Final Approval of Settlement 152
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.12.20
Excerpt: ...wing causes of action: (1) Failure to Pay Minimum Wages (Labor Code SS 1194, 1197, 1197.1, 1198, 1199); (2) Failure to Reimburse Work Related Expenses (Labor Code S 2802); (3) Failure to Provide Timely Rest Periods and/or Pay Rest Period Premiums (Labor Code S 226.7 and S 12 of IWC Wage Order No. 5); (4) Failure to Provide Timely Meal Periods and/or Pay Meal Period Premiums (Labor Code SS 226.7, 512, and S 11 of IWC Wage Order No. 5); (5) Failure...
2023.12.13 Motion for Preliminary Approval of Class Action Settlement 800
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.12.13
Excerpt: ...tatutory Damages ("Complaint"), filed on December 4, 2018, plaintiff Pamela Shereé Chambers ("Plaintiff") seeks statutory damages against defendant Crown Asset Management, LLC ("Defendant") arising from its routne practice of sending initial written communications in smaller than 12-point type. (Complaint, '1 1.) The Complaint sets forth a single cause of action under the CFDBPA. On December 27, 2022, the court granted Plaintiff's motion for cla...
2023.12.13 Motion for Final Approval of Class Action Settlement 262
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.12.13
Excerpt: ... ("Hightower") against defendants Compass Group USA, Inc. and Levy Premium Foodservice Limited Partnership ("Levy"), erroneously sued as Lew Premium Foodservice, Inc., (collectively, "Defendants") and arises out various alleged wage and hour violations. The operative First Amended Complaint, filed on December 10, 2019, sets forth the following causes of action: (1) Failure to Pay All Wages Owed Including Overtime; (2) Unlawful Deductions; (3) Fai...
2023.12.13 Motion for Preliminary Approval of Class Action and PAGA Action Settlement 334
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.12.13
Excerpt: ...auses of achon for: (1) Failure to Pay Minimum Wages; (2) Failure to Pay Wages and Overtime Under Labor Code S 510; (3) Meal-Period Liability Under Labor Code S 226.7; (4) Rest-Period Liability under Labor Code S 226.7; (5) Failure to Pay Vacation Wages; (6) Failure to Comply with Labor Code SS 245 and 246; (7) Reimbursement of Necessary Expenditures under Labor Code S 2802; (8) Failure to Comply with Labor Code S 2751; (9) Violation of Labor Cod...
2023.12.13 Motion for Preliminary Approval of Settlement, for Determination of Good Faith Settlement 709
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.12.13
Excerpt: ...omplaint for Declaratory Relief, Injunctive Relief, and Damages ("FAC"), filed on April 13, 2020 in federal district court, plaintiff Maria Consuelo Griego ("Plaintiff") seeks statutory damages against defendants The Tehama Law Group, P.C. ("Tehama"), Kes Narbutas ("Narbutas"), Cypress Asset Recovery Services, LLC ("Cypress"), Jeff Fernandez ("Fernandez"), Eric Wilson, Matthew Wright, and Patelco Credit Union ("Patelco"). 1 (FAC, 3 & 10-15.) Plai...
2023.12.13 Motion to Compel Arbitration and Stay Action 472
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.12.13
Excerpt: ... Plaintiff designs, manufactures, and sells electric cars, electric vehicle powertrain components, as well as scalable energy generation and storage products. (FAC, 36.) Plaintiff sells successful electric vehicles and is poised to enter the pickup truck market, with over 500,000 reservations for its highly anticipated Cybertruck. (Ibid.) Defendants Rivian Automotive, Inc. and Rivian Automotive, LLC (collectively, "Rivian") are a prospective elec...
2023.12.13 Motion to Stay Discovery 981
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.12.13
Excerpt: ...ment in a blockchain project known as the Internet Computer Protocol, which is operated by defendant Dfinity USA Research LLC ("Dfnity USA"). On May 8, 2023, Plaintiff filed a Complaint against Williams and Dfinity USA (collectively, "Defendants"), setting forth causes of acton for: (1) Tortious Interference with Contract; (2) Tortious Interference with Prospective Economic Advantage; (3) Breach of Fiduciary Duty; (4) Conversion; (5) Trespass to ...
2023.12.06 Motion to Strike, for Summary Judgment, Adjudication, to Seal 971
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.12.06
Excerpt: ...nc. ("Defendant") in an amount exceeding $10,000,000 between September 2017 and September 2018. (Second Amended Complaint ("SAC"), 4-15.) The products included the Fortinet FortiGate models FG- 201E, FG-500E, FG-600D, FG-1500D, FG-3200D, and FG-3S50E; Fortinet Fortswitch models FSW-248D, FSW-248D-FPOE, FSW-248E-FPOE, FSW-448D, FSW-448D-FPOE, and FSW-1024D; and network management software including FortiManager, FortiAnalvzer, and FortAuthenticato...
2023.12.06 Motion to Compel Further Responses 705
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.12.06
Excerpt: ...pment LLC ("La Encina"), a California development company. La Encina hired Group One to construct five homes in San Jose but the contract was terminated prior to the completion of the project. On November 28, 2017, Group One filed a complaint for breach of contract and to foreclose a mechanics lien in the amount of approximately $985,000. On February 5, 2018, La Encina filed a Cross-complaint, which alleged claims for: (1) Breach of Contract; (2)...
2023.12.06 Motion for Final Approval of Settlement 033
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.12.06
Excerpt: ...2020, sets forth the following causes of action: (1) Failure to Pay All Wages; (2) Rest Period Violations; (3) Meal Period Violations; (4) Wage Statement Violations; (5) Waiting Time Penalties; (6) Unfair Business Practices; (7) PAGA Penalties for Failure to Pay All Wages; (8) PAGA Penalties for Rest Period Violations; (9) PAGA Penalties for Meal Period Violations; (10) PAGA Penalties for Wage Statement Violations; and (11) PAGA Penalties for Wai...
2023.12.06 Motion for Approval of PAGA Settlement 218
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.12.06
Excerpt: ...l Period Compensation; (4) Failure to Provide Rest Period Compensation; (5) Failure to Indemnify Necessary Business Expenditures; (6) Wage Statement Violations; (7) Waiting Time Penalties; (8) Private Attorney General Act (Labor Code SS 2699, et seq.) (9) Declaratory Relief; and (10) Unfair Competition in Violation of Cal. Business and Professions Code SS 17200, et seq. On April 13, 2022, the court entered an order dismissing Plaintiff's first th...
2023.11.29 Motion to Strike FAC 147
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.11.29
Excerpt: ...tiff"), the State of California, and other current and former employees of Defendant Little Caesar Enterprises, Inc. ("Defendant") for violations of the Labor Code. The First Amended Complaint ("FAC"), filed on July 24, 2023, sets forth the followng cause of acton: (1) for Civil Penalties pursuant to California Labor Cade sections 2698, et seq. for numerous violations of the Labor Code. Currently before the Court is Defendant's motion to strike P...
2023.11.29 Motion to Lift Stay of Proceedings, for Leave to Amend Complaint 998
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.11.29
Excerpt: ...ntonio Valdez (collectively, Defendants). Plaintiff Juana Garcia (Plaintiff) filed the operative complaint on December 7, 2020, alleging a single cause of action under PAGA. On December 15, 2022, Defendants filed a moton to compel arbitration of the action, which the court granted in part as to the individual component of Plaintiff's PAGA claim, but denied to the extent sought dismissal of Plaintiff's representative PAGA claim. Exercising fts inh...
2023.11.29 Motion to Compel Arbitration 762
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.11.29
Excerpt: ...endants"). On October 14, 2022, plaintiff Seana Neihart ("Neihart") filed a Complaint—PAGA Enforcement Action, setting forth a single cause of action for PAGA violations. On January 26, 2023, the parties filed a Joint Stipulation to File First Amended Complaint, permitting the addition of Jessica King ("King") as a plaintiff. On February 8, 2023, plaintiffs Neihart and King (collectively, "Plaintiffs") filed the operative First Amended Complain...
2023.11.29 Motion to Compel Arbitration 047
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.11.29
Excerpt: ...al Act (PAGA) cause of action on behalf of Plaintiff and similarly aggrieved employees. Defendant Ready 2 Go ("Defendant") is a company that hires drivers to deliver packages for Amazon Logistics, Inc. ("Amazon"). Plaintiff asserts that his former employer, Defendant, failed to properly record his hours worked, failed to pro#rly compensate him, denied him meal #riods and rest breaks, and did not provide the required premium pay compensation. The ...
2023.11.29 Motion for Approval of PAGA Settlement, to Intervene 491
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.11.29
Excerpt: ...gainst defendants Premier Nissan of San Jose, LLC (Premier Nissan SJ) and Troy Duhon (Duhon) (collectively, Defendants). According to the allegations of Plaintiff's individual complaint, Defendants failed to provide Plaintiff all meal periods to which they were entitled, pay meal premiums, provide employees all rest periods to which they were entitled, pay rest period premiums, pay minimum wages for all hours worked, pay overtime wages for all ov...
2023.11.29 Motion for Approval of PAGA Settlement 068
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.11.29
Excerpt: ... single claim for PAGA penalties for the following alleged Labor Code violations: (1) Sections 510 and 1198 (failure to pay overtime); (2) Sectons 1182.12, 1194, 1197, and 1198 (failure to pay minimum wages); (3) Sections 226.7, 512(a), 516, and 1198 (failure to provide and record meal periods); (4) Sections 226.7, 516, and 1198 (failure to authorize and permit rest periods); (5) Sections 226(a), 1174(d), and 1198 (failure to provide and maintain...
2023.11.15 Petition for Coordination 252
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.11.15
Excerpt: ...d on March 22, 2021, alleged the following claims: (1) Failure to Pay Minimum Wages; (2) Failure to Pay Overtime Wages; (3) Failure to Provide Meal Periods, or Pay Premiums in lieu thereof; (4) Failure to Permit Rest Breaks, or Pay Premiums in lieu thereof; (5) Failure to Reimburse Necessary Business Expenses; (6) Failure to Provide Accurate Itemized Wage Statements; (7) Failure to Timely Pay Wages; (8) Failure to Pay All Wages Due upon Separatio...

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