Excerpt: ...dant's motio n to transfer venue to the Fresno County Superior Court. The Court declines to rule on the motion to compel arbitration, the disposition of which is reserved for Fresno County Superior Court. I. BACKGROUND According to the allegations of the operative com plaint (“Complaint”), Plaintiff was formerly employed by Defendant in a non- exempt, hourly-paid position and his last date of employment was March 3, 2022. (Complaint, ¶ 3.) H...

Excerpt: ...at all to thei r claims.” Having reviewed and considered the moving, opposing and reply papers, the Court finds, concludes, and orders as follows: 1. Code of Civil Procedure section 2017.010 provides the framework for discovery in civil cases. Unless otherwise limit ed by court order, “any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action . . . if the matter...

Excerpt: ...sed. As dis cussed below, the Court GRANTS the motion. I. BACKGROUND According to the allegations of the operative complaint (“Complaint”), Plaintiff was formerly employed by Defendant in the produce department of one of its markets in Mountain View, a non -exempt, hourly -paid position. (Complaint, ¶ 9.) Plaintiff alleges that Defendant committed numerous violations of the Labor Code against him, the putative class members and aggrieved emp...

Excerpt: ...n. I. BACKGR OUND According to the allegations of the Complaint, Plaintiff was employed by Defendant as a non -exempt, hourly -paid charge nurse at its facility in Palo Alto from June 1992 to February 16, 2022. (Complaint, ¶ 2.) Plaintiff alleges that Defendant failed to pay her and putative class members and aggrieved employees sick pay and meal and rest period premium wages at the correct, higher regular rate of pay and failed to provide accur...

Excerpt: ... allegat ions of the operative complaint (“Complaint”), Plaintiff was employed by Defendant as a janitor, an hourly -paid, non -exempt position, from approximately March 2023 through June 2023. (Complaint, ¶ 17.) She alleges that Defendant committed various Labor C ode violations, including: requiring Plaintiff and the class members to work off -the -clock without compensation; failing to properly pay minimum wages, straight time/regular rat...

Excerpt: ...remiums, and failed to provide codecomplaint wage statements, among other Labor Code violations. Now before the Court is Plaintiff's motion for final approval of settlement, which is unopposed. As discussed below, the Court GRANTS Plaintiff's motion. I. BACKGROUND Pla intiff was employed as a general laborer by Defendants, a non -exempt, hourly position, from December 28, 2018 through March 9, 2021. He initiated this action with the filing of t...

Excerpt: ...ssed below, the Court SU STAINS the demurrer as to the first, fifth and sixth causes of action WITH 20 DAYS' LEAVE TO AMEND. The Court OVERRULES the demurrer as to the Complaint and remaining claims asserted therein. I. BACKGROUND In 2014, Messrs. Rautner and Pollutro co -founded SDSE Networks, LLC (“SDSE”) and were its sole owners and managing partners. SDSE is in the business of securing electronic communications and data, and represents ...

Excerpt: ... through vari ous treatments and surgical procedures, committed various Labor Code violations. Before the Court is Plaintiff's motion for preliminary approval of settlement, which is unopposed. As discussed below, Plaintiff's counsel must provide a supplemental declara tion to the Court with the requested information to enable it to make a ruling on this motion. I. BACKGROUND According to the allegations of the operative class complaint (“Class...

Excerpt: ...de violations. Before the Court is Plaintiff's motion for preliminary approval of class and representative action settlement, which is unopposed. As discussed below, the Court GRANTS the motion. I. BACKGROUND According to the allegations of the operative First Amended Complaint (“FAC”), Plaintiff was employed by Defendants as a Nurse Practitioner at a CareNow Urgent Care in Milpitas from June 2020 to July 2021. (FAC, ¶ 12.) She alleges that ...

Excerpt: ...s who pay their worke rs with a daily lump sum, all of which violates of California law. Before the Court is Plaintiffs' motion for final approval of settlement, which is unopposed. As discussed below, the Court GRANTS the motion. I. BACKGROUND Plaintiffs allege that Allied i s a New Jersey -based company that remodels hotels throughout the United States, including in California. It does so by recruiting unlicensed subcontractors who in turn rec...

Excerpt: ...ay this action pendi ng resolution of the arbitration of Plaintiff's individual claims. As discussed below, the Court GRANTS Defendant's motion. I. BACKGROUND A. Factual According to the allegations of the operative Second Amended Complaint (“SAC”), Roadie is a company that provides delivery services throughout the country utilizing a crowdsourced delivery platform. (SAC, ¶ 10.) Plaintiff has worked for Roadie since June 2022 as a delivery d...

Excerpt: ...ded” the actual time wo rked, among other Labor Code violations. Before the Court is Acadia's motion to stay this action pending resolution of Patricia J. Ryan v. Mission Treatment Services, Inc., et al. in Los Angeles County Superior Court, Case No. 22STCV22280 (the “Ryan PAGA Action”), which is unopposed. I. BACKGROUND According to the allegations of the operative complaint (“Complaint”), Defendants required Plaintiff and aggrieved em...

Excerpt: ...h, Inc.'s (“Trucker Path” ) petition to compel arbitration and stay court proceedings; and (2) Roady's motion to stay. The latter motion is opposed, while the former is not. As discussed below, Trucker Path's motion to compel arbitration and stay court proceedings is MOOT. The Court GRANTS Roady's motion to stay. I. BACKGROUND A. Factual According to the allegations of the operative complaint (“Complaint”), Mudflap is the creator of a ne...

Excerpt: ...on. A s a preliminary matter, Google filed a motion to seal some of its papers file in opposition to Plaintiffs' motion to compel. The parties represent that they are meeting and conferring regarding issues related to Google's motion to seal. The parties have stipulated, and the court has ordered that Google shall file its motion to seal Plaintiff's moving papers by June 13, 2024 and Plaintiff may oppose Google's motion to seal its opposition ...

Excerpt: ...'s motion for leave to amend and (2) Defendant's motion to compel Plaintiff to arbitrate his individual PAGA claim and stay the representative PAGA claim pending the outcome of the arbitration. Both motions are opposed. As discussed below, the Court GRANTS IN PART and DENI ES IN PART the motion for leave to amend and GRANTS the motion to compel arbitration and issue a stay. I. BACKGROUND Plaintiff was employed as a sales representative for Defend...

Excerpt: ... Plaintiff M argalara Safi sued her employer Defendants Fogo de Chao Churrascaria (San Jose), LLC; Fogo de Chao, Inc. ("FDC"); and Fogo de Chao Churrascaria (California), LLC (collectively, “Defendants”), for various wage and hour violations. Her complaint asserts caus es of action for: (1) failure to provide meal periods; (2) failure to authorize and permit rest periods; (3) failure to pay minimum wages; (4) failure to pay overtime ...

Excerpt: ...er the name “ Findora.” In Case No. 20CV372622 (“Abittan”), Temujin alleges that Defendants and CrossComplainants Ariel Abittan, Benjamin Fisch, and Charles Lu conspired to: (a) assert a false claim of ownership of its business; (b) misappropriate its trade secrets; (c) usurp and interfere with control over its assets, such as social media accounts; and (d) interfere with its relationships with investors and business partners. Mr. Abittan...

Excerpt: ...on. A s a preliminary matter, Google filed a motion to seal some of its papers file in opposition to Plaintiffs' motion to compel. The parties represent that they are meeting and conferring regarding issues related to Google's motion to seal. The parties have stipulated, and the court has ordered that Google shall file its motion to seal Plaintiff's moving papers by June 13, 2024 and Plaintiff may oppose Google's motion to seal its opposition ...

Excerpt: ...cifically, Plaintiffs request the production of sample class transaction data relevant to Plaintiffs' “Authorize Positive, Post Negative”1 (the “APPN Data”) claim against Stanford. (Plaintiffs' Motion to Compel Further Reponses (“MTC,”) p. 5.) Plaintiffs also seek monetary sa nctions. Stanford has opposed the motion and Plaintiffs have filed a reply. For the reasons discussed below, the Court DENIES Plaintiffs' motion to compel. Con...

Excerpt: ...ushrooms throughout North America with multiple large-scale farms located in California, committed various wage and hour violations. Before the Court is Plaintiffs' motion for preliminary approval of settlement, which is unopposed. As discussed below, the Court GRANTS the mo tion. I. BACKGROUND Plaintiffs allege that Defendant's payroll, timekeeping, and wage and hour practices resulted in numerous Labor Code violations. More specifically, Plain...

Excerpt: ...s, among other Labor Code violations. Before the Court is Plaintiffs' motion for approval of PAGA settlement, which is unopposed. As discussed below, the Court GRANTS Plaintiffs' motion. I. BACKGROUND According to the allegations of the operative First Amended Complain t (“FAC”), Ms. Quijada was employed by Defendant from February 22, 2021 to April 19, 2021 as an Assistant Manager, a non -exempt, hourly position, while Mr. Azar was employed i...

Excerpt: ..., among oth er Labor Code violations. Before the Court is Plaintiff's motion for approval of PAGA settlement, which is unopposed. As discussed below, the Court GRANTS Plaintiff's motion. I. BACKGROUND According to the allegations of the operative First Amended Compla int (“FAC”), Plaintiff was employed by Defendant as a client care coordinator, a non -exempt, hourly -paid position, from July 2020 to May 16, 2022. (FAC, ¶ 11.) Plaintiff alleg...

Excerpt: ... below, the Court SU STAINS the demurrer WITH LEAVE TO AMEND and deems the motion to strike MOOT. I. BACKGROUND According to the allegations of the operative FAC, Ms. Lazard worked as a per diem clinical nurse at O'Connor Hospital in San Jose from March 2019 to September 2022. (FAC, ¶ 6.) Plaintiff alleges that County's engages in practices that result in her and class members not being compensated for all work performed, including: paying emplo...

Excerpt: ...that she and simila rly-situated dancers were employed by Defendants AJ's LLC and its owner, Paul Gill, from approximately May 1, 2013, until April 22, 2017, but were misclassified as independent contractors. AJ's Restaurant & Bar (“AJ's”) was a fictitious name for a sole pro prietorship owned by Andrea Russo until he passed away in May 2021. The restaurant closed in 2020 during the Covid pandemic and never reopened, as admitted by Plaintif...

Excerpt: ...is Plaintiff s' motion for final approval of settlement, which is unopposed. As discussed below, the Court GRANTS the motion. I. BACKGROUND Plaintiffs began employment with Defendant in September 2019 and ended their employment in April 2022. (First Amended Class Act ion Complaint (“FAC”), ¶ 3.) Both Plaintiffs were employed by Defendant as hourly, non- exempt employees. (Ibid.) According to Plaintiffs, they were sometimes required to work ...

Excerpt: ...y associated premiums, and failed to provide code- complaint wage statements, among other Labor Code violations. Now before the Court are Plaintiffs' motion for final approval of a settlement and motion for attorneys' fees, costs and enhancement awards, which are unopp osed. As discussed below, the Court GRANTS the motions. I. BACKGROUND On January 24, 2022, Ms. Martinez and Ms. Orellano filed a PAGA Complaint against Defendant in this Court in...

Excerpt: ...below, Plaintiff' s motion is GRANTED. I. BACKGROUND According to the allegations of the operative Complaint (“Complaint”), Ms. Velasco was employed by Bright Matters, which provides cleaning and janitorial services throughout the state of California, as a janitor from appr oximately September 2021 until her termination in January 2022. Ms. Velasco alleges that she and other aggrieved employees were willfully misclassified as independent con...

Excerpt: ...er the name “ Findora.” In Case No. 20CV372622 (“Abittan”), Temujin alleges that Defendants and CrossComplainants Ariel Abittan, Benjamin Fisch, and Charles Lu conspired to: (a) assert a false claim of ownership of its business; (b) misappropriate its trade secrets; (c) usurp and interfere with control over its assets, such as social media accounts; and (d) interfere with its relationships with investors and business partners. Mr. Abittan...

Excerpt: ...s discusse d below, the Court GRANTS the motion. I. MOTION TO SEAL A. Legal Standard “The court may order that a record be filed under seal only if it expressly finds facts that establish: (1) There exists an overriding interest that overcomes the right of public acc ess to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is ...

Excerpt: ...suant to Code of Civil Procedure section 425.16, subdivision (g), which is opposed by LVNV. As discussed below, the Court GRANTS the motion. III. BACKGROUND According to the allegations of the operative complaint (“Complaint”), filed on August 12, 2022, LVNV is the owner of debt owed by Mr. DeLuna. (Complaint at 2, ¶ 10.) In its judicial form complaint, LVNV asserts common counts for open book account, money had and received, money lent by ...

Excerpt: ...ng other Labor Code vi olations. Before the Court is Plaintiffs' motion for preliminary approval of settlement, which is unopposed. As discussed below, subject to the changes in the notice, the Court GRANTS the motion. I. BACKGROUND According to the allegations of the operative Second Amended Class and Representative Complaint (“SAC”), Mr. Patton has been employed by Defendant since August 2017 as a non- exempt, hourly associate, while Mr. Re...

Excerpt: ...s a health care company that manufactures, markets, and distributes pediatric nutrition shakes for consumption by children ages one to thirteen under its PediaSure brand. (Id. at ¶ 3.) By placing statements such as “Complete, Balanced Nutrition,” “Balanced Nutritio n to Help Fill Gaps,” “Nutrition to Help Kids Grow,” “Use as part of a healthy diet,” and “Clinically Proven to Help Kids Grow” on the PediaSure labeling, Defendan...

Excerpt: ...iums, and failed to pr ovide code-complaint wage statements, among other Labor Code violations. Before the Court is Plaintiffs' motion for preliminary approval of settlement, which is unopposed. As discussed below, if satisfactory clarification is provided concerning whether th e notice will be provided in languages other than English, the Court will GRANT the motion. XIII. BACKGROUND According to the allegations of the operative Third Amended C...

Excerpt: ...s, among other Labor Code violations. Before the Court is Plaintiff's motion for preliminary approval of settlement, which is unopposed. As discussed below, if satisfactory clarification is provided concerning whether the notice will be provided in languages other than English, the Court will GRANT the motion. I. BACKGROUND According to the allegations of the operative First Amended Complaint (“FAC”), Plaintiff was employed by Defendants as ...

Excerpt: ...sed by TCL. As discussed below, Defendants' demurrer to the Complaint and the claims asserted therein on the ground of failure to state sufficient facts is SUSTAINED WITH 20 DAYS' LEAVE TO AMEND and their demurrer to the Complaint on the ground of uncertainty is OVERRULED. IX. BAC KGROUND According to the allegations of the Complaint, Cadence is a worldwide leader in Electronic Design Automation (“EDA”), as well as semiconductor intellectual ...

Excerpt: ...mpliant wage statem ents, and committed other wage and hour violations. Before the Court is Plaintiff's motion for final approval of settlement, which is unopposed. As discussed below, the Court GRANTS Plaintiff's motion. VIII. BACKGROUND Plaintiff was employed by Defendant from May 2018 to November 2018 as an hourly, non- exempt employee. (First Amended Class Action Complaint (“FAC”), ¶ 23.) According to Plaintiff, Defendant failed to pay ...

Excerpt: ...d minimum wages, failed to provide meal and rest periods or pay associated premiums, and failed to provide code -complaint wage statements, among other Labor Code violations. Before the Court is Plaintiff's motion for preliminary approval of settlement, which is unopposed. As discussed below, the Court GRANTS Plaintiff's motion. XIV. BACKGROUND According to the allegations of the operative class action complaint (“Class Complaint”), Plaintiff...

Excerpt: ...val of set tlement, which is unopposed. Subject to the changes to the notice discussed below, the Court GRANTS Plaintiff's motion for preliminary approval. I. BACKGROUND A. Factual According to the allegations of the operative complaint (“Complaint”), Plaintiff was employed by Defendant, who provides childhood care and education, from approximately October 2014 through May 2018 as a Substitute Teacher, an hourly- paid, non-exempt position. (C...

Excerpt: ...n November 2, 2023, finding that Northrup failed to provide wage statements that complied with Labor Code Section 226 (“Section 226”) by (1) using two -separate wage -related documents to provide all legally -required information instead of one, (2) not listing the correct employ er name and (3) not permitting a reasonable employee to use simple math to calculate total hours worked when overtime hours were listed on the pay statement. The Co...

Excerpt: ...periods or pay associated premiums, failure to provide code -compliant wage statements, and other Labor Code violations. Before the Court is Defendants' motion to (1) compel arbitration of Plaintiffs' individual PAGA claims and (2) stay the representative PAGA claim pending resolution of the arbitration, which is opposed by Plaintiffs. As discussed below, the Court GRANTS Defendants' motion to compel arbitration of Plaintiffs' individual PAGA cla...

Excerpt: ... complaint wage statem ents, among other Labor Code violations. Before the Court is Plaintiffs' motion for preliminary approval of settlement, which is unopposed. As discussed below, if satisfactory clarification is provided concerning whether the notice will be provided in lan guages other than English, the Court will GRANT the motion. XIII. BACKGROUND According to the allegations of the operative Third Amended Complaint (“TAC”), Plaintiffs...

Excerpt: ...laintiff's motion. I. BACKGROUND As alleged in the operative complaint, Plaintiff worked for Defendant as an RN Case Manager from November 13, 2020 to June 28, 2021. (Second Amended Class Action Complaint for Damages (“SAC”), ¶ 6.) Plaintiff alleges that Defendant f ailed to provide her and other employees with accurate itemized wage statements and failed to pay meal and rest break premiums at the regular rate of pay. (Id., ¶ 18.) Specific...

Excerpt: ...er Labor Code vio lations. Before the Court is Plaintiff's motion for approval of PAGA settlement, which is unopposed. As discussed below, the Court GRANTS Plaintiff's motion. VII. BACKGROUND According to the allegations of the operative First Amended Complaint, Plaintiff was employed by Defendants as a non -exempt employee from January 1, 2017, through March 25, 2021. Defendant Lite -On Inc. is engaged in the research, development, sale and dist...

Excerpt: .... (“CSC ”) to form Defendant DXC Technology Company (“DXC”) (the “Merger”). Before the Court are the following motions: (1) Defendants DXE, HPE, Mukesh Aghi, Amy E. Alving, David Herzog, Sachin Lawande, J. Michael Lawrie, Julio A. Portalatin, Peter Rutland, Mano j P. Singh, Robert F. Woods, Rishi Varma, Timothy C. Stonesifer, Jeremy K. Cox, and Margaret C. Whitman's (collectively, “Defendants”) motion to strike the declaration of ...

Excerpt: ...ANTS th e motion, with litigation costs limited to $10,000. I. BACKGROUND Defendant employed Plaintiff and other non -exempt employees in California, and continues to do so. (First Amended Consolidated Class Action Complaint (“FAC”), ¶¶ 26 -27.) Plaintiff alleges that Defendant failed to pay minimum and overtime wages for all hours worked at the correct rate and within the required time. (Id., ¶ 29.) Plaintiff and other employees did not r...

Excerpt: ...ussed below, the motion is GRANTED. I. BACKGROUND A. Related Case In August 2017, another Samaritan employee, Jennifer Richert, filed a similar action related to her wage statements, Richert v. Samaritan, LLC (Super. Ct. Santa Clara County, No. 17CV314186) (Richert) . Ms. Richert is represented by the same counsel who represent Plaintiffs here. She alleges that, during pay periods when she received overtime wages, her wage statements failed to i...

Excerpt: ...ussed below, the motion is GRANTED. I. BACKGROUND A. Related Case In August 2017, another Samaritan employee, Jennifer Richert, filed a similar action related to her wage statements, Richert v. Samaritan, LLC (Super. Ct. Santa Clara County, No. 17CV314186) (Richert) . Ms. Richert is represented by the same counsel who represent Plaintiffs here. She alleges that, during pay periods when she received overtime wages, her wage statements failed to i...

Excerpt: ...ussed below, the motion is GRANTED. I. BACKGROUND A. Related Case In August 2017, another Samaritan employee, Jennifer Richert, filed a similar action related to her wage statements, Richert v. Samaritan, LLC (Super. Ct. Santa Clara County, No. 17CV314186) (Richert) . Ms. Richert is represented by the same counsel who represent Plaintiffs here. She alleges that, during pay periods when she received overtime wages, her wage statements failed to i...

Excerpt: ...ussed below, the motion is GRANTED. I. BACKGROUND A. Related Case In August 2017, another Samaritan employee, Jennifer Richert, Þled a similar action related to her wage statements, Richert v. Samaritan, LLC (Super. Ct. Santa Clara County, No. 17CV314186) (Richert). Ms. Richert is represented by the same counsel who represent Plainti
¯s here. She alleges that, during pay periods when she received overtime wages, her wage statements failed to id...

Excerpt: ...ussed below, the motion is GRANTED. I. BACKGROUND A. Related Case In August 2017, another Samaritan employee, Jennifer Richert, Þled a similar action related to her wage statements, Richert v. Samaritan, LLC (Super. Ct. Santa Clara County, No. 17CV314186) (Richert). Ms. Richert is represented by the same counsel who represent Plainti
¯s here. She alleges that, during pay periods when she received overtime wages, her wage statements failed to id...