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2023.10.18 Motion for Final Approval of Class Action Settlement 173
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.10.18
Excerpt: ...us 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 Cal...
2023.10.11 Motion for Final Approval of Settlement, for Attorney Fees 163
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.10.11
Excerpt: ... Schultz Industrial Services, Inc., and Schultz Mechanical Contractors, Inc. (collectively, Defendants) on January 21 2020, sets forth a single cause of acton for Violation of 15 U.S.C. SS1681b(b)(2)(A) (FCRA). On May 3, 2023, the court granted preliminary approval of the settlement, subject to approval of the modified class notice. Plaintiff now moves for final approval of the settlement, attorney's fees, costs and expenses, and enhancement paym...
2023.10.11 Demurrer, Motion for Leave to File TACC 709
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.10.11
Excerpt: ...ent 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. Group One initiated this action filing a complaint for breach of contract and to foreclose a mechanics lien in the amount of approximately $985,000. Thereafter, La Encina filed a cross-complaint raising claims for (1) breach of contract, (2) declaratory relie...
2023.10.11 Motion for Summary Judgment, Adjudication, to Seal 971
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.10.11
Excerpt: ... ("Defendant") in an amount exceed-ng between September 2017 and September 2018. (Second Amended Complaint ("SAC"), 4-15.) The products included the Fortinet FortiGate models FG-201E, FG-5WE, FG- FG-1500D, FG-32wD, and FG-3960E; Fortinet FortiSwitch models FSW-248D, FSW-248D-FPOE, FSW- 248E-FPOE, FSW-448D, FSW-448D-FPOE, and FSW-1024D; and network management software including FortiManager, FortiAnalyzer, and FortiAuthentcator. (SAC, 15.) Plainti...
2023.10.04 Motion to Seal 971
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.10.04
Excerpt: ...usands of products from 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- 6000, FG-1500D, FG-3200D, and FG-3960E; Fortinet FortiSwitch models FSW-248D, FSW-248D-FPOE, FSW- 248E-FPOE, FSW-448D, FSW-448D-FPOE, and FSW1024D; and network management software including FortiManager, FortiAnalyzer, and...
2023.10.04 Motion for Summary Adjudication 939
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.10.04
Excerpt: ... Arvind Srinivasan v. ZL Technologies, Inc., et al. (Case No. 20CV373027); (3) Arvind Srinivasan v. ZL Technologies, Inc. (Case No. 20CV373149); (4) ZL Technologies, Inc., et al. v. Arvind Srinivasan (Case No. 21CV378097); and (5) Arvind Srinivasan v. ZL Technologies, Inc. (Case No. 21CV382329). On June 5, 2023, defendant Arvind Srinivasan ("Srinivasan") filed: (1) a Notice of Discovery Referee's Order of May 1, 2023, Granting in Part Defendants'...
2023.10.04 Motion for Preliminary Approval of Settlement 978
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.10.04
Excerpt: ... Provide Meal Periods or Compensation in Lieu Thereof; (2) Failure to Provide Rest Periods or Compensation in Lieu Thereof; (3) Failure to Pay Minimum Wages; (4) Failure to Pay Overtime Wages; (5) Failure to Reimburse Work Related Expenses; (6) Failure to Comply with Itemized Employee Wage Statement Provisions; (7) Failure to Pay All Wages Upon Termination; (8) Unfair Business Practices; and (9) California Labor Code Private Attorneys General Act...
2023.10.04 Motion for Preliminary Approval of Settlement 800
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.10.04
Excerpt: ...ory 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 routine practice of sending initial written communicatons in smaller than 12-point type. (Complaint, '1 1.) The Complaint sets forth a single cause of action under the CFD8PA. On 27, 2022, the court granted Plaintiff's motion for class certificati...
2023.10.04 Motion for Preliminary Approval of Settlement 709
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.10.04
Excerpt: ...int 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.) Plaintiff...
2023.10.04 Motion for Preliminary Approval of Settlement 334
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.10.04
Excerpt: ...ses of action 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 225.7; (5) Failure to Pay Vacaton 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 Code...
2023.09.27 Motion for Approval of PAGA Settlement 491
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.09.27
Excerpt: ...3) ("Bridges against defendants Premier Nissan of San Jose, LLC ("Premier Nissan S'") 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 period premiums, provide employees all rest periods to which they were entitled, pay rest period premiums, pay minimum wages for all hours worked, pa...
2023.09.27 Demurrer 055
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.09.27
Excerpt: ...press" agreed that KFEI would serve as a nonexclusive distributor of Cypress products to Japanese companies and their affliates. On November 25, 2019, KFEI filed a complaint against Cypress, alleging claims for: (1) Breach of Contract; and (2) Breach of the Covenant of Good Faith and Fair Dealing. On September 10, 2021, KFEI filed a First Amended Complaint against Cypress, which set forth the followng causes of action: (1) Breach of Contract; and...
2023.09.27 Demurrer 563
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.09.27
Excerpt: ...Bakersfield, Kern Delta Water District, North Kern Water Storage District, Kern County Water Agency, and L Mark Mulkay ("Mulkay"), which sets forth a single cause of action for declaratory and injunctive relief. Specifically, Plaintiff seeks a judgment declaring that it holds valid pre-1914 appropriative rights on the South of Fork of the Kern River, it can change the point of diversion and place of use of its rights (provided it does not injure ...
2023.09.27 Motion for Approval of PAGA Settlement 134
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.09.27
Excerpt: ...rior Court ("Montano"); and (2) Attaway v. Alliance Residential, LLC, Case No. 20CV365134, Santa Clara County Superior Court ("Attaway"). Montano included a single cause of action for civil penalties under the Private Attorneys General Act ("PAGA"). The PAGA claim was based on allegedly deficient wage statements. Attaway set forth the following causes of action: (1) Failure to Pay All Overtime Wages; (2) Rest Period Violations; (3) Failure to Ind...
2023.09.27 Motion for Final Approval of Settlement 519
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.09.27
Excerpt: ...sets forth the following causes of action: (1) Failure to Pay Minimum Wages [Cal. Lab Code SS 204, 1994, 1194.2, and 1197]; (2) Failure to Pay Overtime Compensation [Cal. Lab Code SS 1194 and 1198]; (3) Failure to Provide Meal Periods [Cal. Lab Code SS 226.7 and 512]; (4) Failure to Authorize and Permit Rest Breaks [Cal. Lab Code S 225.7]; (5) Failure to Indemnify Necessary Business Expenses [Cal. Lab Code S 2802]; (6) Failure to Timely Pay Final...
2023.09.27 Motion for Final Approval of Settlement 183
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.09.27
Excerpt: ...orked for defendant Konica Minolta Business Solutions USA ("Defendant") in California for the four years preceding the filing of the original Complaint on April 2, 2014. (First Amended Complaint, '17.) According to the operative First Amended Complaint, filed on October 29, 2015, Plaintiffs worked as service technicians for Defendant. (ld. at '1 5.) Defendant allegedly required Plaintiffs and similarly situated service technicians to drive their ...
2023.09.27 Motion for Final Approval of Settlement 451
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.09.27
Excerpt: ...llowing causes of acton: (1) Failure to Pay Wages for All Hours Worked, Labor Code sectons 204(b), 223, 1194, 1194.2 Wage Orders; (2) Failure to Pay Overtime Wages, Labor Code sections 510, 1194, 1198, Wage Orders; (3) Failure to Provide Meal Periods, or Pay Premium Wages in Lieu Thereof; (4) Failure to Provide Rest Breaks, or Pay Premium Wages in Lieu Thereof; (5) Failure to Provide Accurate Itemized Wage Statements, Labor Code section 226; (6) ...
2023.09.27 Motion for Final Approval of Settlement 748
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.09.27
Excerpt: ...ion ("P"") and protected health information ("PHI") from unauthorized access. (First Amended Complaint ("FAC"), '1 4.) As a result of SARC's conduct, unknown and unauthorized persons allegedly accessed and viewed class members' PII and PHI through SARC's remote desktop portal. (ld. at 5 & 7.) On or about August 27, 2021, SARC provided notice of the security breach to over 57,000 people regarding the unauthorized access of their PII and PHI. (FAC,...
2023.09.27 Motion for Preliminary Approval of Settlement 153
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.09.27
Excerpt: ... filed on November 4, 2021, sets forth the following causes of action: (1) Failure to Reimburse Business Expenses (Labor code S 2802); (2) UC Violations (Cal. Bus. & Prof. code SS and (3) PAGA Penalties (Labor Code S 2698 et seq.). The parties have reached a settlement. Plaintiff Valerie Boyer ("Plaintiff") moved for preliminary approval of the settlement. On August 30, 2023, the court continued the moton for preliminary approval of settlement to...
2023.09.20 Motion to Seal 971
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.09.20
Excerpt: ...l; Discovery Motions filed on August 14, 2023 (Hon. Zayner) and is not repeated here. Court records show a trial conference scheduled for October 11, 2023, and a jury trial scheduled to begin October 16, 2023. Before the court is Defendant's motion for (1) an order compelling Plaintiff to withdraw its request to claw back three documents, ALORICA-01860037, ALORICA-01902906, ALORICA-01866965 (the "Clawed Back Documents"); (2) a finding that Plaint...
2023.09.20 Motion for Final Approval of Settlement 890
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.09.20
Excerpt: ... required notice. The Class Action Complaint ("Complaint"), filed on May 14, 2021, sets forth the following causes of action: (1) Violation of California Unfair Competition Law, Cal. Business & Professions Code SS 17200-17210; and (2) Declaratory Judgment. Plaintiffs Rakly Dominguez and Grace Dominguez (collectively, "Plaintiffs") have reached a settlement with defendants All-Pro Bail Bonds, Inc. ("All-Pro"), Bankers Insurance Company, and Banker...
2023.09.20 Demurrer 799
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.09.20
Excerpt: ...flights. Plaintiffs Claire Reedy, Victoria Rosales, and Roman Chepulskyy (collectively, "Plaintiffs") contend that Defendant advertises that it does not charge "change fees" or "cancel fees" for fts plane tickets. They assert that they each purchased plane tickets from Defendant but they later had to cancel or reschedule their flights. They were issued travel credits which displayed expiration dates. Because customers may not be able to use their...
2023.09.13 Motion to Seal, to Dismiss 894
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.09.13
Excerpt: ... against defendants CA FG8 Operation, LLC and CA FG8 Sunnyvale, LLC (collectively, "Defendants") on behalf of any and all persons who are or were hourly, non-exempt employees who worked in Defendants' restaurant locations in California. (Complaint, '1 2.) Plaintiff alleges that Defendants implemented policies and practices that resulted in the failure to pay minimum wages, failure to provide lawful meal periods, failure to timely pay wages during...
2023.09.13 Motion to Designate Case Complex 019
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.09.13
Excerpt: ...dlong") (collectively, "Plaintiffs") filed a Complaint alleging causes of action for: (1) Failure to Pay Minimum Wage (Lab. Code S 1194 and IWC Wage Orders); (2) Failure to Pay Overtime (Lab. Code SS 510, 1194); (3) Failure to Provide Authorized Meal Periods (Lab. Code SS 226.7, 512, IWC Wage Orders); (4) Failure to Provide Authorized Rest Periods (Lab. Code SS 225.7, 512, IWC Wage Orders); (5) Failure to Pay All Wages upon Discharge (Lab. Code S...
2023.09.13 Motion to Compel Arbitration 973
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.09.13
Excerpt: ...) and Peter Wh-te ("White") (collectively, "Plaintiffs") on June 28, 2023, sets forth causes of action for: (1) Failure to Pay Prevailing Wages, Lab. Code S 1720 et seq.; (2) Unfair Competition, Business & Professions Code SS 17200-09; and (3) Violations of the Labor Code Private Attorneys General Act of 2004, Lab. Code SS 2698 et seq. On August 28, 2023, the court granted Plaintiffs' request for dismissal of White's claims without prejudice. Now...

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