Excerpt: ...020. She filed a First Amended Complaint ("FAC") on September 15, 2020. She filed a Second Amended Complaint ("SAC") on April 28, 2022. The SAC stated 11 causes of action: (1) Gender Discrimination in Violation of the FEHA; (2) Retaliation; (3) Wrongful Termination in Violation of Public Policy; (4) Failure to Pay Overtime Wages; (5) unpaid Meal Period Wages; (6) Unpaid Rest Period Wages; (7) Failure to Pay All Wages Due; (8) Failure to Provide A...

Excerpt: ...er ways. (ld.) This group of people contacted various companies to ruin Plaintiff. (ld.) One of these companies was Air France-KLM Group. (See FAC, attachment number 5, p.3.) While in Nigeria, Air France cancelled Plaintiff's flight on the day of the flight despite the fact that Plaintiff did not request to cancel her booking; however, it stated in an email that she could ask one of the airport employees to reinstate her flight booking. (ld.) Whe...

Excerpt: ...y party opposing the tentatve ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 29 March 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motion of Defendants to Compel Plaintiff to Produce Documents. l. Statement of Facts. Plaintiff filed this complaint on 19 April 2019.67 Plaintiff is a data and analytics company that provides real-tme crowd sour...

Excerpt: ...Any party opposing the tentatve ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 29 March 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motion of Defendants for Summary Judgment, or, in the Alternative, Summary Adjudication. NOTE: In an order signed on 14 March 2023 and not filed until 21 March 2023, this Court specially set this matter for tod...

Excerpt: ...rst Street, San Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 29 March 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order On Defendant City Of San José's Motion For Summary Judgment Against Plaintiff. l. Statement of Facts. At approximately 10:52am on or about 10 July 2019, plaintiff Michelle Espinoza ("Espino...

Excerpt: ...y Irrigation District ("8810"), Central Delta Water Agency ("CDWA"), South Delta Water Agency ("SDWA"), San Joaquin Tributaries Authority ("SJTA"), South San Joaquin Irrigation District ("SSJID"), Banta Carbona Irrigation District and Patterson Irrigation District ("BCID et the "Districts" or "Petitioners"); and (2) a motion to tax costs by the Board.l The factual and procedural background of this matter is summarized in more detail in the Court'...

Excerpt: ...revino for battery and negligence, which remain at issue. The parties reached a settlement of the class and PAGA claims, which the Court preliminarily approved in an order filed on October 7, 2022. The factual and procedural background of the action and the Court's analysis of the settlement and settlement class are set forth in that order. Before the Court is Plaintiffs motion for final approval of the settlement and for approval of her attorney...

Excerpt: ...s unopposed. As discussed below, the Court GRANTS Plaintiff's motion. l. BACKGROUND Plaintiff worked for Defendant in Santa Clara County as a construction worker and foreman assistant from 2014 to June 2021. (First Amended Class and Representative Action Complaint ("FAC"), '18.) He alleges that Defendant failed to pay employees for all hours worked, including overtime, by requiring them to work off-the-clock: for example, when undergoing COVID sc...

Excerpt: ...ainst each of the Tributary Agencies, seeking declaratory relief.6 Trial is scheduled for April 10, 2023. On February 23, 2023, the Court issued an order denying the Tributary Agencies' motion for summary adjudication and granting in part separate motions for summary adjudication by Santa Clara and San Jose ("February Order").7 With respect to Plaintiffs' third cause of action for breach of mandatory duties underthe California Constituton as amen...

Excerpt: ... 1, 2007, Plaintiff entered into a written lease agreement (the "Lease") for the premises located at 600 South Second Street and 617 South Third Street, San Jose, California (the "Premises"). (FAC, 8.) The Lease was entered into between Plaintiff and Delores Oliver Jamhour and A. Alan Alameda and Elisabeth D. Alameda, Trustees of the Alameda Family Trust (collectively, the "Original Lessors"). (ld.) Around October or November 2007, Plaintiff and ...

Excerpt: ...sabeth D. Alameda, Trustees of the Alameda Family Trust (collectively, the "Or-ginal Lessors") entered into a written lease agreement (the "Lease") for the premises located at 600 South Second Street and 617 South Third Street, San Jose, California (the "Premises"). (FAC, 8.) Plaintiffs allege, on information and belief, that Defendants are the successors-in-interest to the Original Lessors to the Lease and are the current owners of the Premises,...

Excerpt: ...e that this affects in any way its ability to be fair and impartial in this case. This is an action arising out of various alleged wage and hour violations. The operative First Amended Class Action and PAGA Representative Action Complaint ("FAC"), filed on July 14, 2021, sets forth 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 Provide Rest Periods; (5...

Excerpt: ...a Representative Action Complaint, which set forth a single cause of action for Violation of the Private Attorneys General Act [Cal. Lab. Code SS 2698, et seq.]. On December 30, 2020, plaintiff Melissa Freitas ("Freitas") filed an action, Melissa Freitas v. Vitamin Shoppe Industries Inc. (Monterey County Superior Court, Case No. 20-CV003549), which set forth a single cause of action under PAGA. Following mediation, Almadhi, Freitas, and defendant...

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 now moves for approval of the PAGA settlement. The motion is unopposed. X. LEGAL STANDARD under PAGA, an aggrieved employee may bring a civil action personally and on behalf of other current or former employees to recover civil penalti...

Excerpt: ...e California, Inc. ("Consolidated"), Verall of MI, Inc. ("Verall"), RCH Companies, Michael Burn, and Patrick Caprarola ("Caprarola"), which set forth the following causes of action: (1) unpaid Wages, Violation of Wage Orders and Labor Code SS 200, et seq., 223, 226.2, 1194; (2) Overtime Wages, Violation of Wage Orders and Labor Code SS 510 and 1194; (3) Failure to Provide Meal Periods or Premium Wages in Lieu Thereof, Violation of Wage Orders and...

Excerpt: ...(1) Failure to Pay Wages for All Hours Worked, Labor Code sections 204(b), 223, 1194, 1194.2 Wage Orders; (2) Failure to Pay Overtime Wages, Labor Code sections 510, 1194, 1198, Wage Orders; (3) Failure to Provide Meal Periods, or Pay Premium Wages in Lieu Thereof; (4) Failure to Provide Rest Breaks, or Pay Premium Wages in Lieu Thereof; (5) Failure to Provide Accurate Itemized Wage Statements, Labor Code section 226; (6) Failure to Timely Pay Fi...

Excerpt: ...on, Schultz Industrial Services, Inc., and Schultz Mechanical Contractors, Inc. (collectively, "Defendants") on January 21 2020, sets forth a single cause of action for Violation of 15 U.S.C. (FCRA). The Plaintiffs has reached a settlement with Defendants. Plaintiff now moves for preliminary approval of the settlement. VI. LEGAL STANDARD Generally, "questions whether a settlement was fair and reasonable, whether notice to the class was adequate, ...

Excerpt: ...e required notce. The Class Action Complaint ("Complaint"), filed on May 14, 2021, sets forth the following causes of action: (1) Violation of California Unfair Competition Law, Cal. Business & Professions Code SS 17200-17210; and (2) Declaratory Judgment. Plaintiffs Rakly Dominguez and Grace Dominguez (collectively, "Plaintiffs") have reached a settlement with defendants All-Pro Bail Bonds, Inc. ("All-Pro"), Bankers Insurance Company, and Banker...

Excerpt: ... forth the following causes of action: (1) Failure to Pay Minimum Wages [Cal. Lab Code SS 204, 1994, 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 512]; (4) Failure to Authorize and Permit Rest Breaks [Cal. Lab Code S 225.7]; (5) Failure to Indemnify Necessary Business Expenses [Cal. Lab Code S 2802]; (6) Failure to Timely Pay Final Wag...

Excerpt: ... for defendant Konica Minolta Business Solutions USA ("Defendant") in California for the four years preceding the filing of the original Complaint on April 2, 2014. (First Amended Complaint, 7.) According to the operative First Amended Complaint, filed on October 29, 2015, Plaintiffs worked as service technicians for Defendant. (ld. at 5.) Defendant allegedly required Plaintiffs and similarly situated service technicians to drive their personal v...

Excerpt: ...ction: (1) Failure to Pay Minimum Wages; (2) Failure to Pay Wages and Overtime Under Labor Code S 510; (3) Meal Period Liability under Labor Code S 226.7; (4) Rest Break Liability Under Labor Code S 226.7; (5) Violation of Labor Code SS 226(a); (6) Violation of Labor Code S 221; (7) Violation of Labor Code S 204; (8) Violation of Labor Code S 203; (9) Violation of Business & Professions Code S 17200 et seq.; and (10) Penalties Pursuant to Labor C...

Excerpt: ...st Street, San Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 27 March 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motion of Defendants To Compel Plaintiff to Provide Further Responses to Special Interrogatories, Set One, Form Interrogatories, Set One, Requests For Admissions, Set One, Request For Prod...

Excerpt: ...ano") (collectively, "Defendants") and as to the First Amended Cross-complaint ("FAXC") filed by Shoreline. Pursuant to California Rule of Court 3.1308, the Court issues its tentative ruling as follows: IV. Background C. Factual 1. TAC This is a breach of contract action. On January 16, 2015, Carlyle, Shoreline and Mr. Calvano entered into an agreement (the "LLC Agreement") to form the Company for the purposes of acquiring and potentially develop...

Excerpt: ... granted the parties time to review the deposition transcripts and other discovery in the case and provide additional briefing related solely to this issue. Having reviewed the supplemental briefing and evidence, and pursuant to California Rule of Court 3.1308, the Court issues its tentative ruling as follows: l. Background A. Factual 1. The Complaint This is an action to quiet title to a property located at 741 Carlotta Court in San Jose (the "P...

Excerpt: ... opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 27 March 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motion of Defendant Hongfujin Precision Electronics (Chongqing) Co., Ltd. For a Protective Order Regarding Plaintiff's First Exchange of Expert Witnesses Designating 145 Non-Retained Expert Witnesses. l. Statement of F...