Excerpt: ...iled to pay all wages due to employees due to illegal time rounding; failed to pay overtime for all overtime hours worked; failed to pay 7th‐day overtime; violated Labor Code section 552's prohibition on over six consecutive working days per week; failed to provide meal and rest periods; derivatively and independently failed to provide accurate wage statements; and are derivatively liable for penalties pursuant to Labor Code section 203, the Pr...

Excerpt: ...aintiff Fernanda Rocha Hawkins's motion for final approval of the settlement and for approval of her attorney fees, costs, and service award. Plaintiff's motion is unopposed. I. Legal Standards for Approving a Class Action Settlement Generally, “questions whether a settlement was fair and reasonable, whether notice to the class was adequate, whether certification of the class was proper, and whether the attorney fee award was proper are matters...

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: ...es and costs. I. Factual and Procedural Background As alleged in the operative complaint in the lead action (the First Amended Complaint or “FAC”), defendant Island Hospitality Management, Inc. provided hotel management services to hotels throughout California until December of 2014, when it converted to Island Hospitality Management, LLC. (FAC, ¶¶ 7‐8.) Among the hotels to which defendants have provided services is the Residence Inn by M...

Excerpt: ...aintiff was riding his bicycle northbound on Middlefield Road near the intersection of Lowell Avenue in Palo Alto. (FAC, ¶ 8.) As Plaintiff was riding his bicycle, he was struck by a 2005 Gray Acura TL that was “owned, controlled, maintained, entrusted, handled, managed, supervised, operated and/or possessed” by defendants Diep Diep (“Diep”) and Ching‐Pei Hu (“Hu”). (Id. at ¶¶ 4 & 8.) As a result of the accident, Plaintiff suffer...

Excerpt: ...tiff purchased the Vehicle from a person or entity engaged in the business of manufacturing, distributing, or selling consumer goods at retail.” (Ibid.) In connection with Plaintiff's purchase of the Vehicle, Defendant provided express written warranties by which it undertook to preserve or maintain the utility or performance of the Vehicle, or to provide compensation if there was failure of such performance. (Id. at ¶ 7.) During the warranty ...

Excerpt: ...rs from arguments made in the Anti‐SLAPP motion. The Court will allow the tardy filing Paragon objects to consideration of the opposition to the motion because it was not timely filed. Admittedly, the opposition filed on October 7, 2019 was not filed the full nine court days required. However, the Court will exercise its discretion to consider the late opposition as TFLG established good cause that it did not know of the motion because the serv...

Excerpt: ...merica sponsors a self‐ funded health benefit plan, providing health care benefits to its employees and their dependents.” (FAC, ¶ 3.) SAP America “entered into a contractual relationship with [Aetna, Inc. and Aetna Life Insurance Company (collectively, ‘Aetna')] for Aetna to provide administrative services with respect to paying for and/or arranging for medical care to be rendered by providers like [Plaintiff] to Aetna's participants.�...

Excerpt: ...to provide compensation if there was a failure of such utility or performance. (Complaint, ¶9.) The Vehicle was delivered to plaintiff Spencer with and developed other serious defects and nonconformities to warranty including, but not limited to, transmission and engine defects. (Complaint, ¶10.) Plaintiff Spencer delivered the Vehicle to an FCA‐authorized repair facility for repair of the nonconformities but defendant was unable to conform p...

Excerpt: ...cle to a Kia authorized repair facility (Capitol Kia) for repair of nonconformities (“repairs of the engine and electrical”) on multiple occasions and Defendants were unable to bring to vehicle into compliance with the express warranties that accompanied its sale. The original and still operative Complaint was filed on December 19, 2018 and states three causes of action, all for violations of the Song‐Beverly Act, against Defendant Kia Moto...

Excerpt: ...Tristen Heitz, R.N.; hereafter, “Heitz”), Dean Vistnes, M.D., and Dean Vistnes, M.D., Inc. (collectively “Defendants”). According to the allegations of the First Amended Complaint (“FAC”), in August 2015, Plaintiff visited Skinspirit Skincare Clinic and Spa, Skinspirit LLC, and Skinspirit Essential, LLC (collectively “Skinspirit”) to undergo certain procedures, including Ultherapy. (FAC, ¶8.) Skinspirit agreed to supervise and ma...

Excerpt: ...a, Washington. (TAC, ¶ 17.) Plaintiff and Husband purchased property in Newport, Washington and Banner issued home equity lines of credit (“HELOC”), secured by the property. (Id. at ¶ ¶177, 179, 180.) The loans was sought by Husband, who caused a third person to fraudulently notarize the bank documents. (Id. at ¶ ¶ 179, 181.) The lines of credit exceeded the value of the property, and Plaintiff was unaware of their existence. (Id. at ¶�...

Excerpt: ...shine I. L.P. (“Evershine”) owns commercial property in Santa Clara County. (Id. at ¶ 2.) Defendants Wayne Okubo (“Okubo”) and Annie Chan (“Chan”) are agents of Evershine. (Id. at ¶¶ 4‐5.) Defendants Evershine, Okubo, and Chan are collectively known as “Defendants.”7 On July 31, 2006, Plaintiff entered into a contract with Defendants to lease 19770 Stevens Creek Boulevard in Cupertino, California. (Complaint at ¶ 11.) The sp...

Excerpt: ...ury action arising out of an incident at the Cole Haan store at the Great Mall in Milpitas. According to the allegations of the complaint, Plaintiff was squatting and trying on shoes when an unsecured shoe box dislodged by another customer fell from the top of a high shelf and struck her in the head and lower back, injuring her. Plaintiff filed the complaint on May 29, 2018, asserting claims for premises liability and general negligence against C...

Excerpt: ...here Ebadat is employed as a nurse practitioner. (FAC, ¶ ¶ 3, 4.) During the appointment, Plaintiff's son John Doe “performed an act” on his sister that led Ebadat to call Child Protective Services (“CPS”) to report John Doe for abuse and Plaintiff for neglect. (Id. at ¶ 4.) She also documented the encounter in Jane Doe's medical chart. (Ibid.) Furthermore, Ebadat did not document Plaintiff's concerns regarding the children's father wh...

Excerpt: ...tract promised that “[GEICO] will pay damages for bodily injury to an insured, caused by accident which the insured is legally entitled to recover from the owner or operator of an uninsured motor vehicle, underinsured vehicle, or a hit‐and‐run motor vehicle arising out of the ownership, maintenance or use of that motor vehicle.” (Id. at ¶ 8.) In addition, the contract provides that if the parties “do not agree that [the insured] is leg...

Excerpt: ...negotiations to purchase real property owned by Phan and Vu (collectively, “Sellers”). (First Amended Complaint (“FAC”), ¶¶ 1, 2, & 9.) Defendant Hoa Truc Bui (“Bui”), a licensed real estate agent, and CR Realty & Mortgage Corporation (“CR”), a licensed real estate company, represented Nguyen. (Id. at ¶¶ 5, 6, & 11.) Huynh, a licensed real estate agent, and KW, a licensed real estate company, represented Sellers. (Id. at ¶¶ ...

Excerpt: ... Drive in San Jose (“Subject Property”), taking title as joint tenants. (First Amended Complaint (“FAC”), ¶¶9 – 10.) At the time of purchase, Plaintiff and her husband obtained mortgage financing through Fieldstone Mortgage Company, secured by the Subject Property. (FAC, ¶10.) In or around July 2005, Plaintiff and her husband decided to refinance their first lien mortgage. (FAC, ¶11.) Though Plaintiff and her husband held title to t...

Excerpt: ...carelessly, negligently, recklessly, intentionally, and willfully fired a gun at his son, who was crouching in the hallway of the family home. (Ibid.) “Plaintiff ran to help her son” and Defendant “discharged the firearm … next to her ear,” which caused Plaintiff significant hearing loss. (Ibid.) “He then continued to attempt to get a clear shot at his son while Plaintiff was attempting to keep him from shooting their son.” (Ibid.) ...

Excerpt: ...isado”), Scott W. Benninghoven, M.D. (“Dr. Benninghoven”), and Physicians Medical Group of San Jose, Inc. to provide plaintiff Bunten with adequate and complete care and attention as well as with other necessary medical services. (Complaint, ¶15.) Defendants promised and undertook to care for, treat, and advise plaintiff faithfully, skillfully, and carefully. (Id.) Defendants, in their respective care and treatment, failed to exercise that...

Excerpt: ... 6.) He was subsequently hired as a regular employee. (Id. at ¶ 9.) Defendant promised to compensate Plaintiff 33 1/3 percent of the gross fees collected from projects assigned to him. (Ibid.) Plaintiff accepted the employment terms, but it immediately became clear that his position required substantial administrative work that did not directly lead to fee generation. (Id. at ¶ 11.) Consequently, Defendant modified his compensation agreement to...

Excerpt: ...Plaintiffs requested entry of default; however, default was not entered because Defendant filed an answer. Plaintiffs move to strike the answer on the ground that it is not drawn or filed in conformity with the laws of this state because Defendant, as a corporation, may not represent itself and must be represented by an attorney, and also because Defendant is a suspended corporation. In opposition, an entity identifying itself as “Legal Propert...

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: ...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: ...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...