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2023.07.26 Demurrer 571
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.07.26
Excerpt: ... the following causes of action: (1) Failure to Pay All Wages Owed; (2) Failure to Provide Meal and Rest Periods; (3) Failure to Pay Wages on Separation; (4) Failure to Maintain Accurate Time Records; (5) Failure to Provide Accurate Itemized Wage Statements; (6) Recovery under Private Attorneys General Act (PAGA); and (7) Unfair Competition Law. Now before the court is the demurrer by Defendants to each and every cause of action of the Complaint ...
2023.07.19 Motion to Compel Arbitration and Stay Action 770
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.07.19
Excerpt: ...ls ("Plaintiff") was hired by defendants Northrop Grumman Systems Corporation and Northrop Grumman Corporation (collectively, "Defendants") in May 2010 as an hourly, non- exempt employee. (Complaint, 10.) Plaintiff alleges that Defendants violated various wage and hour laws, including requiring Plaintiff and the putative class to go through security checks, failing to provide meal periods, failing to reimburse for business expenses such as the pu...
2023.07.19 Motion for Judgment on the Pleadings 613
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.07.19
Excerpt: ... wage and hour laws. The Class Action Complaint, filed on July 27, 2020, sets forth causes of action for: (1) Violation of 15 U.S.C. SS (FCRA); (2) Failure to Provide Meal Periods (Lab. code 204, 223, 226.7, 512 and 1198); (3) Failure to Provide Rest Periods (Lab. Code SS 204, 223, 226.7 and 1198); (4) Failure to Pay Hourly wages (Lab. code SS 223, 510, 1194, 1194.2, 1197, 1997.1 and 1198); (5) Failure to Pay vacation Wages (Lab. Code S 227.3); (...
2023.07.12 Motion to Conform to Statutory Valuation Procedures 119
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.07.12
Excerpt: ...g company. Market Street filed suit in May 2019, seeking among other relief the involuntary dissolution of MSD-DV and liquidation of real property assets. ay order dated November 6, 2019, the court (Hon. Peter Kirwan) granted AVID's motion to stay the prueedings and fix the value of Market Street's interest, under Corporations Code section 17707.03 and ordered the parties to supply a list of six appraisers from which the court would appoint the t...
2023.07.12 Motion to be Relieved as Counsel 306
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.07.12
Excerpt: ...rth causes of achon for: (1) Violation of 15 U.S.C. SS (FCRA); and (2) Violation of 15 U.S.C. SS and 1681g(c) (FCRA). On November 18, 2020, the court issued its Order Deeming Case Complex and Staying Discovery and Responsive Pleading Deadline, which stayed all discovery in this case. On June 4, 2021, Plaintiff filed the operative First Amended Complaint, which sets forth causes of action for: (1) Violation of 15 U.S.C. (FCRA); and (2) Violation o...
2023.07.12 Motion for Preliminary Approval of Settlement 961
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.07.12
Excerpt: ... forth causes of action for: (1) Failure to Pay All Wages; (2) Failure to Provide Meal Periods or Compensation in Lieu Thereof; (3) Failure to Permit Rest Periods or Provide Compensation in Lieu Thereof; (4) Knowing and Intentional Failure to Provide Accurate Itemized Wage Statements; (5) Waiting Time Penalties; (6) Failure to Reimburse Business Expenses; (7) Violations of Unfair Competition Law; and (8) Violation of the Private Attorneys General...
2023.07.12 Motion for Preliminary Approval of Settlement 260
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.07.12
Excerpt: ...action: (1) Failure to Provide Meal Periods; (2) Failure to Permit Rest Breaks; (3) Failure to Provide Accurate Itemized Wage Statements; (4) Failure to Pay All Wages Due upon Separation of Employment; (5) Violation of Business and Professions Code SS 17200, et seq. ("UCL"); (6) Failure to Reimburse Business Expenses; and (7) Enforcement of Labor Code S 2698 et seq. ("PAGA"). The parties reached a settlement. Plaintiff Tracee Sheppard ("Plaintiff...
2023.07.12 Discovery Motions 825
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.07.12
Excerpt: ...ornia Labor Code SS 510 and 1198 (Unpaid Overtime); (2) Violation of California Labor Code SS 226.7 and 512(a) (Unpaid Meal Period Premiums); (3) Violation of California Labor Code S 226.7 (unpaid Rest Period Premiums); (4) Violation of California Labor Code SS 1194, 1197, and 1197.1 (Unpaid Minimum Wages); (5) Violation of California Labor Code SS 201 and 202 (Final Wages Not Timely Paid); (6) Violation of California Labor Code S 204 (Wages Not ...
2023.07.12 Demurrer 762
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.07.12
Excerpt: ...tral Coast Agriculture, Inc. ("Defendant"), which sets forth the following causes of action: (1) Violation of the California Consumers Legal Remedies Act, Cal. Civ. Code SS 1750, et seq.; (2) Violation of the California Unfair Competition Law, Cal. Bus. & Prof. Code SS 17200, et seq.; (3) Violation of the California False Advertising Law, Cal. Bus. & Prof. Code SS 17500, et seq.; (4) Breach of Express Warranty; (5) Breach of Implied Warranty of M...
2023.07.12 Demurrer 018
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.07.12
Excerpt: ... (1) Civil Penalties Under Labor Code S 210; (2) Civil Penalties Under Labor Code S 226.3; (3) Violation of Labor Code S 558; (4) Violation of Labor Code S 1174.5; (5) Violation of Labor Code S 1197.1; and (6) Civil Penalties under Labor Code S 2699. On May 17, 2022, Plaintiff filed the First Amended Complaint against Defendants, which sets forth the following causes of action: (1) Failure to Pay Overtime Wages; (2) Failure to Pay Minimum Wages; ...
2023.06.28 Motion for Preliminary Approval of Class and Representative Action Settlement 777
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.06.28
Excerpt: ...The operative Second Amended Complaint ("SAC"), filed on January 27, 2022, sets forth the following causes of action: (1) Failure to Pay Minimum Wages; (2) Failure to Pay Overtime Wages; (3) Failure to Provide Meal Periods; (4) Failure to Permit Rest Breaks; (5) Failure to Provide Accurate Itemized Wage Statements; (6) Failure to Pay All Wages Due upon Separation of Employment; (7) Violation of Business and Professions Code SS 17200, et seq.; and...
2023.06.28 Motion for Preliminary Approval of Settlement 092
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.06.28
Excerpt: ...orth the following causes of action: (1) Failure to Pay All Minimum Wages; (2) Failure to Pay All Overtme 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 and J...
2023.06.28 Motion to Approve PAGA Settlement 407
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.06.28
Excerpt: ...January 20, 2022, sets forth causes of action for: (1) Failure to Provide Required Meal Periods; (2) Failure to Provide Required Rest Periods; (3) Failure to Pay Overtime Wages; (4) Failure to Pay Minimum Wages; (5) Failure to Pay All Wages Due to Discharged and Quitting Employees; (6) Failure to Maintain Required Records; (7) Failure to Furnish Accurate Itemized Wage Statements; (8) Failure to Indemnify Employees for Necessary Expenditures Incur...
2023.06.21 Motion for Preliminary Approval of Settlement 108
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.06.21
Excerpt: ...s 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) Violation of Cal....
2023.06.14 Special Motion to Strike, Demurrer 008
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.06.14
Excerpt: ...inant Osman Yunus Guracar ("Guracar"). (Complaint, "14-6.) Guracar applied for and received a credit account with Bank of America, N.A. ("BOA"). (ld. at 5, 7.) Guracar's contract with BOA was an installment contract. (ld. at 10 & Ex. 1.) Due to Guracar's non-payment of the account, BOA charged-off and sold the account to SLS. (ld. at "1 6, 8.) The last activity on the account occurred within the four years prior to the filing of the Complaint. (l...
2023.06.14 Motion to Compel Arbitration and Dismiss Representative PAGA Claims 025
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.06.14
Excerpt: ...tiff Jose Francisco Hernandez Garcia ("Plaintiff") on May 17, 2021, sets forth a single cause of action for civil penalties pursuant to the Private Attorneys General Act of 2004 ("PAGA"). According to the Complaint, Plaintiff worked for Defendants from approximately October 2017 to May 2020 as an hourly, nonexempt employee. (Complaint, 21.) During this time, he and other California employees were not compensated for all hours worked, missed meal ...
2023.06.14 Motion to Compel Arbitration 360
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.06.14
Excerpt: ...co Duenas Orellana ("Orellana") and Ronald Lopez Mendez ("Mendez") (collectively, "Plaintiffs") on July 29, 2022, sets forth the following causes of action: (1) Failure to Pay Minimum and Straight Time Wages (Cal. Lab. Code SS 204, 1194, 1194.2, and 1197); (2) Failure to Pay overtime wages (Cal. Lab. code 1194 and 1198); (3) Failure to Provide Meal Periods (Cal. Lab. Code SS 226.7, 512); (4) Failure to Authorize and Permit Rest Periods (Cal. Lab....
2023.06.14 Motion for Final Approval of Settlement 334
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.06.14
Excerpt: ...ss action Complaint aga-nst defendants JSR Micro, lnc„ JSR North America Holdings, Inc., and JSR Life Sciences, LLC (collectively, "Defendants") alleging causes of action for: (1) Failure to Pay Minimum Wages; (2) Failure to Pay Overtime Wages; (3) Failure to Provide Meal Periods; (4) Failure to Permit Rest Breaks; (5) Failure to Reimburse Business Expenses; (6) Failure to Provide Accurate Itemized Wage Statements; (7) Failure to Pay All Wages ...
2023.05.31 Motion to Compel Arbitration 297
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.05.31
Excerpt: ...ion: (1) Failure to Pay Minimum Wages; (2) Failure to Pay Overtime Wages; (3) Failure to Provide Meal Periods; (4) Failure to Permit Rest Breaks; (5) Failure to Provide Accurate Itemized Wage Statements; (6) Failure to Pay Wages Timely During Employment; (7) Failure to Pay Wages Due upon Separation of Employment; and (8) Violation of Business and Professions Code SS 17200, et seq. On July 11, 2022, Plaintiff filed a First Amended Class Acton Comp...
2023.05.31 Motion for Preliminary Approval of Settlement 777
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.05.31
Excerpt: ...he operative Second Amended Complaint ("SAC"), filed on January 27, 2022, sets forth the following causes of action: (1) Failure to Pay Minimum Wages; (2) Failure to Pay Overtime Wages; (3) Failure to Provide Meal Periods; (4) Failure to Permit Rest Breaks; (5) Failure to Provide Accurate Itemized Wage Statements; (6) Failure to Pay All Wages Due upon Separation of Employment; (7) Violation of Business and Professions Code SS 17200, et seq.; and ...
2023.05.31 Motion for Assignment Order 980
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.05.31
Excerpt: ... (1) Breach of Contract; (2) Fraud; (3) Fraud in the Inducement; (4) Negligent Misrepresentation; (5) Violation of Unfair Business Practices Act; (6) Escrow Negligence; (7) Negligent Supervision; (8) Breach of Fiduciary Duty; (9) Breach of Written Contract; (10) Violation of Uniform Fraudulent Transfers Act; and (11) Aiding and Abetting in the Commission of a Tort. On December 17, 2018, the court granted defendant Chicago Title Company's ("Chicag...
2023.05.24 Motion to Seal, for Summary Judgment, Adjudication 674
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.05.24
Excerpt: ...n connection with defendant Cloudera, Inc.'s ("Cloudera") acquisition of and merger with Hortonworks, Inc. ("Hortonworks"). According to the allegations of the operative Consolidated Class Action Complaint ("Complaint"), filed on August 5, 2019, Cloudera is a Delaware corporation with its principal executive offices located in Palo Alto, and is purportedly an enterprise data cloud company. (Complaint, '1 15.) Intel Corporation ("Intel") is a semi...
2023.05.24 Motion to Compel Arbitration 121
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.05.24
Excerpt: ...Eaglin" (collectively, "Plaintiffs") on August 18, 2022, sets forth causes of achon for: (1) Failure to Provide Required Meal Periods; (2) Failure to Provide Required Rest Periods; (3) Failure to Pay Overtime Wages; (4) Failure to Pay Minimum Wages; (5) Failure to Pay All Wages Due to Discharged and Quitting Employees; (5) Failure to Maintain Required Records; (7) Failure to Furnish Accurate Itemized Wage Statements; (8) Failure to Indemnify Empl...
2023.05.24 Motion for Final Approval of Settlement, for Attorney Fees 403
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.05.24
Excerpt: ...gainst Defendant, Daniel Rodas v. The Goodyear Tire & Rubber Co. (Los Angeles Superior Court, Case No. 21STCV28702) (the "Rodas Action"). Defendant removed the action to federal court, resulting in Daniel Rodas v. The Goodyear Tire & Rubber Co. (United States District Court, Central District of California, Case No. 2:21-CV-07526-VAP). The Rodas Action involves the following causes of action: (1) violation of Labor Code SS 510, 588, and 1194; (2) ...
2023.05.24 Motion for Approval of Settlement 678
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.05.24
Excerpt: ...forth a single cause of action for Civil Penalties (Lab. Code SS 2698, et seq.). The parties have reached a settlement of the PAGA claim. Plaintiff Tuan Hoang ("Plaintiff") now mcwes for approval of the settlement. The moton is unopposed. VII. LEGAL STANDARD under PAGA, an aggrieved employee may bring a civil achon personally and on behalf of other current or former employees to recover civil penalties for Labor Code violations. Oskanian v. CLS T...

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