Excerpt: ...hnle on December 20, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION These are two coordinated cases arising out of alleged Labor Code violations. The Turner case is a putative class action. Turner's Second Amended Class Action Complaint for Damages (“Turner SAC”), filed on July 1, 2019, sets forth causes of action titled: (1) Violation TENTATIVE RULING RE: MOTION FOR APPROVAL OF CLASS...

Excerpt: ...tive ruling as follows: I. INTRODUCTION Plaintiff Elizabeth J. VanCleave (“Plaintiff”) brings this putative class action arising out of the alleged deceptive and misleading business practices of defendant Abbott Laboratories, Inc. (“Defendant”) with respect to the labeling and advertising of its PediaSure products in California and throughout the U.S. (Complaint, ¶ 1.) According to the allegations of the Complaint, filed on March 22, 201...

Excerpt: ...he Honorable Thomas E. Kuhnle on November 15, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION These are two coordinated cases arising out of alleged Labor Code violations. The Turner case is a putative class action. Turner's Second Amended Class Action Complaint for Damages (“Turner SAC”), filed on July 1, 2019, sets forth the following causes of action: 2 1 2 3 4 5 6 7 8 9 10 11 12 13...

Excerpt: ...mber 15, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: V. INTRODUCTION This is a putative class action arising out of various alleged Labor Code violations. The Second Amended Complaint, filed on September 18, 2019, sets forth the following causes of action: (1) Failure to Provide Meal Periods; (2) Failure to Provide Rest Periods; (3) Failure to Pay Hourly Wages; (4) Failure to Indemnify; (5) Failure to...

Excerpt: ...Kuhnle on November 8, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This action arises out of alleged trade secret misappropriation. The Third Amended Complaint, filed on July 15, 2019, sets forth the following causes of action: (1) Breach of Contract; (2) Breach of the Covenant of Good Faith and Fair Dealing; (3) Unfair Business Practices; (4) Intentional Interference with Contractual R...

Excerpt: ...�Plaintiffs”) on May 1, 2019, defendant Intuit, Inc. (“Defendant”) markets and sells the TurboTax brand of tax preparation software and services to consumers and businesses. (Complaint, ¶ 2.) In 2002, the Internal Revenue Service (“IRS”) launched a program pursuant to which the majority of taxpayers in the United States would be able to e‐file their federal tax returns for free. (Id. at ¶ 3.) As part of this program, the IRS partner...

Excerpt: ...onorable Thomas E. Kuhnle. At that hearing the Court granted Plaintiff William Shuff's (“Shuff”) motion for leave to file a Second Amended Complaint. The Court continued Defendant Stevens Creek Quarry's (“Defendant”) motion for terminating sanctions to November 1, 2019, at 9:00 a.m. The Court now issues its tentative ruling on the motion for terminating sanctions as follows: Defendant moves for terminating sanctions based on Shuff's failu...

Excerpt: ...e Court now issues its tentative ruling as follows: V. INTRODUCTION This is a putative class action arising out of various alleged Labor Code violations. The Complaint, filed on October 23, 2018, sets forth the following causes of action: (1) Failure to Pay Wages Owed Including Overtime Pay; (2) Failure to Pay Wages for Missed Meal Periods; (3) Failure to Pay Wages for Missed Rest Periods; (4) Failure to Reimburse Business Expenses; (5) Failure t...

Excerpt: ...e ruling as follows: I. INTRODUCTION This is a putative class action arising out of various alleged Labor Code violations. According to the allegations of the Fourth Amended Class Action Complaint (“4AC”), filed on May 9, 2019, plaintiff Jose Melvin Alvarado (“Plaintiff”) worked for defendant Timberworks Construction, Inc. (“Defendant”) as a laborer from March 2013 to December 2014. (4AC, ¶ 6.) Plaintiff alleges Defendant failed to p...

Excerpt: ... I. INTRODUCTION This is a case for recovery of penalties under the California Labor Code Private Attorneys General Act of 2004 (“PAGA”). The Complaint, filed on February 7, 2018, sets forth the following causes of action: (1) PAGA Penalties for Failure to Pay Wages Owed; (2) PAGA Penalties for Failure to Provide Meal Periods; (3) PAGA Penalties for Waiting Time Penalties; and (4) PAGA Penalties for Itemized Wage Statement and Recordkeeping V...

Excerpt: ...s is a class action for recovery of penalties under the California Labor Code Private Attorneys General Act of 2004 (“PAGA”). Plaintiff Eva Sharp (“Plaintiff”) worked as a cashier for defendant Safeway, Inc. (“Defendant”) in California. (Complaint, ¶¶ 3‐4.) Plaintiff alleges Defendant failed to provide Plaintiff and the other putative class members with seats. (Complaint, ¶ 17.) The Complaint, filed on June 13, 2011, sets forth a...

Excerpt: ...s is a class action for recovery of penalties under the California Labor Code Private Attorneys General Act of 2004 (“PAGA”). Plaintiff Eva Sharp (“Plaintiff”) worked as a cashier for defendant Safeway, Inc. (“Defendant”) in California. (Complaint, ¶¶ 3‐4.) Plaintiff alleges Defendant failed to provide Plaintiff and the other putative class members with seats. (Complaint, ¶ 17.) The Complaint, filed on June 13, 2011, sets forth a...

Excerpt: ... I. INTRODUCTION This is a case for recovery of penalties under the California Labor Code Private Attorneys General Act of 2004 (“PAGA”). The Complaint, filed on February 7, 2018, sets forth the following causes of action: (1) PAGA Penalties for Failure to Pay Wages Owed; (2) PAGA Penalties for Failure to Provide Meal Periods; (3) PAGA Penalties for Waiting Time Penalties; and (4) PAGA Penalties for Itemized Wage Statement and Recordkeeping V...

Excerpt: ...ed action comes on for hearing before the Honorable Thomas E. Kuhnle on October 11, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action arising out of various alleged Labor Code violations. The First Amended Complaint (“FAC”), filed on March 29, 2018, sets forth the following causes of action: (1) Failure to Provide Required Meal Periods; (2) Failure to Prov...

Excerpt: ...homas E. Kuhnle on October 11, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action arising out of various alleged Labor Code violations. The First Amended Complaint (“FAC”), filed on September 20, 2019, sets forth the following causes of action: (1) Failure to Pay Overtime Wages; (2) Failure to Pay Minimum Wage; (3) Failure to Provide Meal Breaks; (4) Failur...

Excerpt: ...UCTION According to the allegations of the Complaint, filed on March 21, 2019, plaintiff Alorica, Inc. and defendant Fortinet, Inc. are both Delaware corporations. (Complaint, ¶¶ 1‐2.) Alorica is one of the leading providers of outsourced communication solutions, averaging over 600 million customer interactions per year. (Id. at ¶ 4.) Fortinet is a multinational corporation that develops and markets hardware, software, and services for secur...

Excerpt: ...for hearing before the Honorable Thomas E. Kuhnle on October 4, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative consumer class action brought pursuant to the California Rosenthal Fair Debt Collection Practices Act (“RFDCPA”). Plaintiff Kerry William Scribner (“Plaintiff”) seeks statutory damages against defendants Simm Associates, Inc., Jeffrey S. Simendinger, an...

Excerpt: ...V‐ 180413 TENTATIVE RULING RE: MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT This Document Relates To: ALL ACTIONS. The above‐entitled action comes on for hearing before the Honorable Thomas E. Kuhnle on October 4, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a certified class action arising out of a merger between McAfee, Inc. and Intel Corporation. The parties have ...

Excerpt: ...ore the Honorable Thomas E. Kuhnle on October 4, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action arising out of various alleged wage and hour violations. The Complaint, filed on November 13, 2018, sets forth the following causes of action: (1) Violation of Labor Code section 510; (2) Violation of Labor Code sections 226.7(b) and 512(a) and the Applicable Wag...

Excerpt: ...urt now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action arising out of various alleged Labor Code violations. According to the allegations of the Third Amended Complaint (“TAC”), filed on March 23, 2017, plaintiff Valerie Cook (“Plaintiff”) and the putative class members were employed by defendant A is for Apple (“Defendant”) as non‐exempt paraprofessional therapists. (TAC, ¶ 7.) During the c...

Excerpt: ...rtment 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action arising out of various alleged Labor Code violations. The First Amended Class Action Complaint, filed on May 11, 2018, sets forth the following causes of action: (1) Failure to Pay Overtime Wages; (2) Failure to Pay Minimum Wage; (3) Failure to Provide Mandated Meal Periods; (4) Failure to Provide Mandated Rest Periods; (5) Failure to P...

Excerpt: ...AND COSTS AND APPROVAL OF SERVICE AWARD The above‐entitled action comes on for hearing before the Honorable Thomas E. Kuhnle on January 25, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative consumer class action brought pursuant to the California Rosenthal Fair Debt Collection Practices Act. (Complaint, ¶ 1.) Plaintiff Judis Corso (“Plaintiff”) alleges defendants ha...

Excerpt: ...ng before the Honorable Thomas E. Kuhnle on August 3, 2018, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative consumer class action. Plaintiff Sherrie Lyn Walker (“Plaintiff”) alleges defendants Vantage Sourcing, LLC (“Vantage”), Scott Alan Stanford, and Derrick Dean Willman (collectively, “Defendants”) have a routine practice of sending initial written communication...

Excerpt: ...ON This is a putative class action. According to the allegations of the Complaint, filed on October 19, 2017, defendant Wells Fargo Bank, N.A. (“Wells Fargo”) promises its customers who do not opt into Wells Fargo's Overdraft Service that it will not authorize or charge overdraft fees on non‐ recurring debit card transactions. (Complaint, ¶ 1.) However, Wells Fargo authorizes and charges overdraft fees on Uber and Lyft and other one‐time...

Excerpt: ... Thomas E. Kuhnle on August 3, 2018, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action arising out of various alleged Labor Code violations. The First Amended Complaint (“FAC”), filed on March 29, 2018, sets forth the following causes of action: (1) Failure to Provide Required Meal Periods; (2) Failure to Provide Required Rest Periods; (3) Failure to Pay Overtim...

Excerpt: ... 27, 2018, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action. According to the allegations of the Second Amended Complaint (“SAC”), filed on April 23, 2018, plaintiffs Thomas H. Padilla, Sr. and Darlene Padilla (collectively, “Plaintiffs”) bring this action seeking restitution for property owners in defendant City of San Jose (the “City”) for amounts pai...

Excerpt: ... now issues its tentative ruling. In the Complaint, filed March 14, 2018, Plaintiff alleges that Crowdstar Inc.'s directors, controlling shareholders, and their representatives breached their fiduciary duties in various ways. Plaintiff alleges six causes of action: (1) Breach of fiduciary duty; (2) Aiding and abetting breach of fiduciary duty; (3) Intentional interference with contract; (4) Intentional interference with prospective economic advan...

Excerpt: ...TATIVE RULING RE: DEMURRER TO PLAINTIFF'S AMENDED STOCKHOLDER DERIVATIVE COMPLAINT; MOTION TO SEAL PLAINTIFF'S FIRST AMENDED COMPLAINT; MOTION TO SEAL EXHIBITS 25‐26, 28‐33, 36‐37, AND 39 TO DEFENDANTS' REPLY MEMORANDUM IN SUPPORT OF DEMURRER TO FIRST AMENDED COMPLAINT The above‐entitled action comes on for hearing before the Honorable Thomas E. Kuhnle on July 20, 2018, at 9:00 a.m. in Department 5. The Court now issues its tentative ruli...

Excerpt: ...8, at 11:00 a.m. in Department 5 (Complex Civil Litigation), the Honorable Thomas E. Kuhnle presiding. The Court now issues its tentative ruling as follows: I. INTRODUCTION This action arises out of alleged trade secret misappropriation. The First Amended Complaint, filed on January 19, 2018, sets forth the following causes of action: (1) breach of contract; (2) breach of the covenant of good faith and fair dealing; (3) unfair business practices;...

Excerpt: ...tive class action for recovery of penalties under the California Labor Code Private Attorneys General Act of 2004. Plaintiff Eva Sharp (“Plaintiff”) worked as a cashier for defendant Safeway, Inc. (“Defendant”) in California. (Complaint, ¶¶ 3‐4.) Plaintiff alleges Defendant failed to provide Plaintiff and the other putative class members with seats. (Complaint, ¶ 17.) Now before the Court is Plaintiff's motion for class certification...

Excerpt: ... Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action arising out of various alleged Labor Code violations. The Second Amended Complaint (“SAC”), filed on October 20, 2017, sets forth the following causes of action: (1) Unfair Competition in Violation of Cal. Bus. & Prof. Code, § 17200, et seq.; (2) Unfair Competition in Violation of Cal. Bus. & Prof. Code, § 17200, et seq.; (3)...

Excerpt: ...2017‐1‐CV‐305120 TENTATIVE RULING RE: DEMURRER TO THIRD AMENDED COMPLAINT 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The above‐ entitled action comes on for hearing before the Honorable Thomas E. Kuhnle on July 6, 2018, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: III. INTRODUCTION According to the allegations of the Third Amended Complaint, (“TAC”), filed on May...

Excerpt: ...ne 1, 2017 (“Motion”) against Defendant Mark Liew (“Defendant”) comes on regularly for hearing on Friday, July 6, 2018, at 11:00 a.m. in Department 5 (Complex Civil Litigation), the Honorable Thomas E. Kuhnle presiding. The Court now issues its tentative ruling. I. INTRODUCTION This action arises out of alleged trade secret misappropriation. The First Amended Complaint, filed on January 19, 2018, sets forth the following causes of action:...

Excerpt: ...es its tentative ruling as follows: I. INTRODUCTION According to the allegations of the First Amended Complaint (“FAC”), filed on May 24, 2016, on September 19, 2014, at about 5:30 p.m., plaintiff Stephen Graham rode his bicycle southbound on State Route 9, approaching the intersection with Austin Way in the City of Saratoga, County of Santa Clara, State of California. (FAC, ¶ 5.) Defendant Fariba Farahanchi TENTATIVE RULING RE: MOTION FOR N...

Excerpt: ...t 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a construction defect action. The Complaint, filed on August 18, 2017, sets forth the following causes of action: (1) Violation of Residential Building Standards (Civil Code §§ 896 and 897); (2) Negligence; (3) Strict Liability; (4) Breach of Implied Warranty of TENTATIVE RULING RE: MOTION TO QUASH DEPOSITION SUBPOENA 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1...

Excerpt: ... at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action brought pursuant to the California Rosenthal Fair Debt Collection Practices Act (“RFDCPA”). According to the Class Action Complaint for Statutory Damages (“Complaint”), filed on February 23, 2017, plaintiff Linda Lee Carlson (“Plaintiff”), on behalf of herself and all persons similarly situated, seeks st...

Excerpt: ... at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action arising out of various alleged Labor Code violations. The Second Amended Complaint (“SAC”), filed on May 16, 2018, sets forth the following causes of action: (1) Meal Period Liability Under Labor Code § 226.7; (2) Rest Break Liability Under Labor Code § 226.7; (3) Failure to Pay Minimum Wages; (4) Failure to P...

Excerpt: ...The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action arising out of various alleged Labor Code violations. Plaintiff Lingyu Lu (“Plaintiff”) worked as a charge nurse for defendant Surgical Care Affiliates, LLC (“Defendant”) from April 6, 2015 through October 12, 2015. (Complaint, ¶ 16.) Plaintiff alleges that throughout her employment Defendant engaged in the following violations of the la...

Excerpt: ... for hearing before the Honorable Thomas E. Kuhnle on June 29, 2018, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This action arises out of alleged trade secret misappropriation. The First Amended Complaint, filed on January 19, 2018, sets forth the following causes of action: (1) breach of contract; (2) breach of the covenant of good faith and fair dealing; (3) unfair business practices; (4)...

Excerpt: ...ACTIONS The above‐entitled action comes on for hearing before the Honorable Thomas E. Kuhnle on June 22, 2018, at 1:30 p.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This case arises out of the Silicon Valley Berryessa Extension Project (the “Project”), a 10‐mile extension of the BART rail line south from Warm Springs to Berryessa. (First Amended Complaint of Skanska‐Shimmick‐Herzog a Joint...

Excerpt: ...Court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative consumer class action brought pursuant to the California Fair Debt Buying Practices Act, Civil Code sections 1788.50‐1788.64 (“CFDBPA”). According to the Class Action Complaint for Statutory Damages (“Complaint”), filed on August 29, 2017, plaintiff Donna Louis Horner (“Plaintiff”) seeks statutory damages against defendant Crown Asset Management, LL...

Excerpt: ...AX CENTER, and DOES 1 through 50, inclusive, Defendants. Case No. 2016‐1‐CV‐303880 TENTATIVE RULING RE: MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT The above‐entitled action comes on for hearing before the Honorable Thomas E. Kuhnle on June 22, 2018, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative wage and hour class action. According to the allegations of the...

Excerpt: ...ent 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action. According to the allegations of the Third Amended Complaint (“TAC”),1 filed on April 23, 2018, plaintiff Zuri Lazard (“Plaintiff”) was a registered nurse in the emergency room department (“ER”) at Regional Medical Center of San Jose 1 It does not appear a Second Amended Complaint was ever filed in this case. TENTATIVE RULING R...