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2023.05.24 Motion for Approval of PAGA Settlement 134
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.05.24
Excerpt: ...ntano"); (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 Indemnify All Necessar...
2023.05.17 Motion for Preliminary Approval of Settlement 092
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.05.17
Excerpt: ...e 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 have reached a settlement. Plaintiffs Erlinda Reyes and Jaz...
2023.05.17 Motion for Approval of Settlement 325
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.05.17
Excerpt: ...Penalties Pursuant to Labor code" 201, 202, 204, 226(a), 226.7, 246, 248.2, 248.5, 248.5, 510, 512, 1174, 1174.5, 1194, 1197, and 1197.1 and Pursuant to Labor Code S 2599(a) for Violations of Labor Code SS 225.3 and 558. The parties have reached a settlement of the PAGA claim. Plaintiff Anthony Batista ("Plaintiff") now moves for approval of the settlement. The motion is unopposed. X. LEGAL STANDARD Under PAGA, an aggrieved employee may bring a c...
2023.05.17 Motion for Approval of PAGA Settlement 407
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.05.17
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...
2023.05.17 Motion for Approval of PAGA Settlement 175
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.05.17
Excerpt: ...laint, which set forth a single cause of action for Violation of California Labor Code S 2698, et seq. (California Labor Code Private Attorneys General Act of 2004). The parties have reached a settlement. Plaintiff moved for approval of the PAGA settlement. On March 29, 2023, the court continued the moton for approval of PAGA settlement to May 17, 2023. The court explained that Plaintiff had not met his burden to show that the settlement is fair ...
2023.05.17 Motion for Preliminary Approval of Settlement 254
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.05.17
Excerpt: ...o Provide Meal Periods of Pay Meal Period Premiums (Labor Code SS 204, 223, 226.7, 512 and 1198); (2) Failure to Authorize and Permit Rest Breaks or Pay Rest Break Premiums (Labor Code SS 204, 223, and 226.7); (3) Failure to Pay Overtime Wages (Violation of California Wage Order and Labor Code SS 204, 223, 510, 1194, 1197 and 1198); (4) Failure to Provide Accurate Itemized Wage Statements (Labor Code S 225); (5) For Waiting Time Penalties (Labor ...
2023.05.10 Motion for Preliminary Approval of Settlement and Conditional Class Certification 938
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.05.10
Excerpt: ...auses 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 Compensation [Cal. Lab. Code SS 1194 and 1198]; (3) Failure to Provide Meal Periods [Cal. Lab. Code SS 226.7 and 5121; (4) Failure to Authorize and Permit Rest Breaks [Cal. Lab. Code SS 226.7]; (5) Failure to Timely Pay Final Wages at Termination [Cal. Lab. Code SS 201-203]; (6) Failure to Provide Accura...
2023.05.10 Motion for Preliminary Approval of Class and Representative Action Settlement 281
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.05.10
Excerpt: ...January 17, 2023, sets forth the followng causes of action: (1) Failure to Pay All Minimum Wages; (2) Failure to Pay All Overtime Wages; (3) Failure to Provide Rest Periods and Pay Missed Rest Period Premiums; (4) Failure to Provide Meal Periods and Pay Missed Meal Period Premiums; (5) Failure to Maintain Accurate Employment Records; (5) Failure to Pay Wages Timely During Employment; (7) Failure to Pay All Wages Earned and unpaid at Separation; (...
2023.05.10 Motion for Approval of Settlement 437
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.05.10
Excerpt: ...ises Ceja Martinez ("Martinez") (collectively, "Plaintiffs") filed a Complaint for Statutory Violations and Attorneys' Fees against defendants Starz Telecom, Inc., Sammy Dean Wilbur Isaacson, and Joshua Michael Wayn Isaacson (collectively, "Defendants"), which sets forth causes of action for: (1) Violation of the California Labor Code section[s] 218.5, 1194, 1194.2, 1771, 1774, 1810, 1815; (2) Failure to Pay Minimum wages and wage set by Statute ...
2023.05.10 Motion for Prelminary Approval of Class and Representative Action Settlement 260
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.05.10
Excerpt: ...tion: (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 have reached a settlement. Plaintiff Tracee Sheppard ("Plaint...
2023.05.10 Motion to Compel Arbitration 855
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.05.10
Excerpt: ... plaintiff Mercedes Ibarra ("Plaintiff") on October 13, 2022, sets forth causes of action for: (1) Violation of Cal. Labor Code SS 510 and 1198 (Unpaid Overtime); (2) Violation of Cal. Labor Code SS 226.7 and 512(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 ...
2023.05.10 Motion to Transfer Venue 329
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.05.10
Excerpt: ... Community Hospital of the Monterey Peninsula ("CHOMP") (collectively, "Defendants") pursuant to the California Rosenthal Fair Debt Collection Practices Act, Civil Code sections 1788-1788.33 ("RFDCPA").2 Plaintiff alleges that Defendants sent him a collection letter dated August 2, 2021. (Complaint, 17-19 & Ex. 1.) Defendants allegedly failed to include the notice required by Civil Code section 1788.14, subdivisions (d)(l) and (2) in their first ...
2023.05.10 Petition for Add-on Coordination 584
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.05.10
Excerpt: ...ts tentative ruling as follows: XIII. INTRODUCTION This coordinated action involves two cases: (1) Jesus Beltran v. Recology South Bay, et al. (Case No. 22CV396584, Santa Clara County Superior Court) ("Beltran"); and (2) Antoine Brooks, et al. v. Recology American Canyon, et al. (Case No. CGC-22-599566, San Francisco County Superior Court) ("Brooks"). The Complaint in Beltran, filed on April 4, 2022, sets forth the following causes of acton: (1) ...
2023.05.03 Motion for Temporary Stay of Action 077
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.05.03
Excerpt: ...on: (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 Furnish Accurate Itemized Wage Statements; (7) Failure to Indemnify Employees for Necessary Expenditures Incurred in Discharge of Duties; and (8) Unfair and unlawful Business Practices. As is relevan...
2023.05.03 Motion for Summary Adjudication 348
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.05.03
Excerpt: ...rn and practice of towing vehicles in violation of Vehicle Code sections 22953 and 22658. According to the allegations of the operative Second Amended Complaint ("SAC"), filed on February 25, 2022, Defendants caused vehicles to be towed without first having obtained signed authorizations from the property owner or its agents, in violation of Vehicle Code section 22658, subdivision (1)(1), and caused vehicles to be towed from the space available t...
2023.05.03 Motion for Preliminary Approval of Settlement 033
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.05.03
Excerpt: ...0, 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 Waitin...
2023.05.03 Motion for Final Approval of Settlement 656
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.05.03
Excerpt: ...n: (1) Failure to Pay Wages and/or Overtime under Labor Code SS 510, 1194, and 1199; (2) Penalties Pursuant to Labor Code S 203; (3) Violation of Business & Professions Code S 17200; and (4) Penalties Pursuant to Labor Code S 2699, et seq. The parties reached a settlement and plaintiff Raul Becerra ("Plaintiff") moved for preliminary approval of the settlement. On June 30, 2022, the court entered an order denying the moton for preliminary approva...
2023.05.03 Motion for Final Approval of Settlement 050
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.05.03
Excerpt: ...Superior Court ("Harbour"); (2) Williams v. SOS Security, LLC, et al., Case No. 20CV362050, Santa Clara County Superior Court ("Williams"); (3) Marmolejo, et al. v. SOS Security, LP, Case No. 20CV367423, Santa Clara County Superior Court; (4) Muse v. SOS SecuriW, LLC, et al., Case No. RG20066195, Alameda County Superior Court ("Muse"); and (5) Towns v. SOS Security, LLC, Case No. 21TRCV00063, Los Angeles County Superior Court. On May 25, 2022, pl...
2023.05.03 Motion for Determination of Good Faith Settlement 050
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.05.03
Excerpt: ... in non-party Wave Computing, Inc. ("Wave") since about August 2017. (TAC, '1 2.) Wave was a semi-conductor and computer learning company incorporated in Delaware and with its principal place of business in Santa Clara County, CA. (ld. at '1 1.) Wave's ability to succeed depended on the development of fts Data Processing Unit chip called "Cayenne," which was central to its artificial intelligence system called "Green." (TAC, '1 29.) Plaintiff all...
2023.05.02 Motion for Summary Adjudication 921
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.05.02
Excerpt: ...rative second Amended complaint ("SAC") filed on July 21, 2022. DEFENDANTS' REQUEST FOR JUDICIAL NOTICE "Judicial notice is the recognition and acceptance by the court, for use by the trier of fact or by the court, of the existence of a matter of law or fact that is relevant to an issue in the acton without requiring formal proof of the matter." (Poseidon Development, Inc. v. Woodland Lane Estates, LLC (2(m) 152 Cal.App.4th 1106, 1117.) Defendant...
2023.05.02 Demurrer, Motion to Strike 882
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.05.02
Excerpt: ...was filed on November 23, 2022. The FAC states five causes of action, none of which are listed on the caption page. These are: (1) Violation of Civ. Code 51793.2(D); (2) Violation of Civ. Code S1793.2(B); (3) Violation of Civ. Code S1793.2(A)(3); (4) Breach of the Implied Warranty of Merchantability, and; (5) Fraud (fraudulent inducementconcealment). The FAC alleges that, as part of the vehicle lease, Plaintiff entered into a warranty contract wi...
2023.05.02 Demurrer 327
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.05.02
Excerpt: ...e Complaint was filed on September 29, 2022 and states four causes of action: (1) Breach of Contract (alleged against the Steiners only) for breach of the Stock Purchase Agreement ("SPA") and addendums for the sale of Allied Aire Service; (2) Intentional Misrepresentation (alleged against all defendants); (3) Violation of Cal. Business and Professions Code section 17200, et seq. (alleged against all defendants), and; (4) Declaratory Relief (alleg...
2023.04.19 Motion to Compel Arbitration 998
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.04.19
Excerpt: ...2 U.S. LEXIS 2940] (Viking River). Defendants also seek dismissal of the representative PAGA claim. Plaintiff opposes Defendants' motions. BACKGROUND As alleged in the Complaint, Plaintiff worked for Defendants as a full-time, nonexempt employee from January 2019 until March 16, 2019. (Complaint, 26.) Plaintiff alleges Defendants failed to pay minimum wage and overtime premium wages in violation of California wage and hours laws. (ld., '1 22.) Th...
2023.04.19 Motion for Preliminary Approval of Settlement 311
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.04.19
Excerpt: ...to provide accurate wage statements and failed to provide meal periods and rest breaks as required. Now before the court is Plaintiffs motion for preliminary approval of a settlement, which is unopposed. As discussed the court is inclined to grant preliminary approval of the settlement agreement. l. Background Plaintiff Alcazar worked for Defendant as a canvasser and sales representative from May 2019 to July 12, 2019. Additional Plaintiff Luwana...
2023.04.19 Motion for Preliminary Approval of Settlement 173
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.04.19
Excerpt: ...e the court is Plaintiff's motion for preliminary approval of a settlement, which is unopposed. As discussed below the court is inclined to grant preliminary approval of the settlement agreement. l. Background Plaintiff Cabuag worked for Defendant as hourly-paid, non-exempt employee from March 2015 to May 2018. (See Complaint at '1 19.) The original and still operative Complaint filed on August 1, 2019 states claims for: (1) Violation of Californ...

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