Excerpt: ...that he argues shows Valdez was employed by Western at the time of the incident. (Decl. of Jasleen Singh in Support of Plaintiff's Opposition to Defendant Western Digital Corporation's Motion for Leave of Court to Withdraw and Amend Admissions ("Singh Decl."), SS" 19-24.) Now, two and one-half years after the action was filed, and six months before trial, Western contends, without disclosing any evidence, that Valdez was not a Western employee bu...

Excerpt: ...ffer of compromise under Ctxle of Civil Procedure section 998 (the "998 Offer") was invalid and the work of the experts was neither reasonable nor necessary. under the particular circumstances of this case, the Court finds Santa Clara's 998 Offer was reasonable and made in gtnd faith. The lien language did not invalidate the 998 Offer. The 998 Offer was served in December 2020 and expired in February 2021. Expert fees incurred after February 2021...

Excerpt: ...) Intero and the Roaches subsequently entered into a Residential Listing Agreement. (ld. at '1 3.) Mr. Alderese observed that the Roaches drove to and from the Property via Reynolds Drive and Montgomery Roach told Mr. Alderese that the Property could be accessed on Carlson Drive. (See FAXC, 6-7.) Based on these representations, Mr. Alderese listed the Property as having access from Reynolds Drive and Carlson Drive. (ld. at '18.) On July 9, 2015, ...

Excerpt: ... personal bank accounts and share one joint account with Defendant at Wells Fargo ("joint account"). (See SAC, '1 15.) Plaintiff complied and placed all of her funds in the joint account, including her future paychecks. (See SAC, 15-17.) In April 2017, Defendant left his job to create a startup and subsequently opened a separate JP Morgan Chase account ("Chase account"). (SAC, '1 18.) Defendant's startup failed and he then joined a Bay Area compa...

Excerpt: ...DUCTION This action arises out of alleged trade secret misappropriation. The Third Amended Complaint, filed on July 15, 2019, sets forth causes of action titled: (1) Breach of Contract; (2) Breach of the Covenant of Good Faith and Fair Dealing; (3) Unfair Business Practices; (4) Intentional Interference with Contractual Relations; (5) Intentional Interference with Prospective Economic Advantage; (6) Negligent Interference with Prospective Economi...

Excerpt: ...comes on for hearing before the Honorable Thomas E. Kuhnle on January 17, 2020, 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. Plaintiffs Petra Godinez, Jose Rodriguez, and Florentino Gayoso (collectively, “Plaintiffs”) allege various Labor Code violations in the First Amended Class Action Complaint (“FAC”), filed on November 1, 2017. TENTATIVE RULING RE...

Excerpt: ...C; DEL GRANDE ENTERPRISES, INC., Defendants. Case No. 18CV331434 TENTATIVE RULING RE: MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT; JUDGMENT The above‐entitled action comes on for hearing before the Honorable Thomas E. Kuhnle on January 17, 2020, 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 ...

Excerpt: ...its tentative ruling as follows: I. INTRODUCTION This is a putative class action arising out of various alleged Labor Code violations. Pursuant to the First Amended Complaint (“FAC”), filed on July 27, 2017, this case is brought on behalf of the following proposed class: “All persons who are working or worked as a ‘demonstrator' or similar title at Costco Warehouse locations and who were employed by WAREHOUSE DEMO SERVICES, INC., in the S...

Excerpt: ...ues its tentative ruling as follows: I. INTRODUCTION This is a putative consumer class action. According to the allegations of the Complaint, filed on April 4, 2019, defendants Arrayit Corporation and Pinner USA, Inc. (collectively, “Defendants”) manufacture, market, sell, and/or distribute a “food intolerance test” called PinnerTest. (Complaint, ¶ 1.) PinnerTest utilizes Immunoglobulin Analysis (“IgG Testing”) to screen for certain ...

Excerpt: ...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 Complaint, filed on November 19, 2018, sets forth causes of action titled: (1) Meal Break Violations; (2) Rest Break Violations; (3) Inaccurate Wage Statements; (4) Failure to Permit Employee Inspection of Payroll Records; (5) Failure to Permit Employee Inspectio...

Excerpt: ...The Court now issues its tentative ruling as follows: I. INTRODUCTION According to the allegations of the Complaint in this case (“Nichols PAGA”), filed on December 19, 2017, plaintiff Eric S. Nichols (“Plaintiff”) was hired by defendants Northrop Grumman Systems Corporation and Northrop Grumman Corporation (together, “Defendants”) in May 2010 as an hourly, non‐exempt employee. (Complaint, ¶ 10.) Plaintiff alleges Defendants violat...

Excerpt: ...cember 20, 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 Class Action Complaint for Damages, filed on February 14, 2018, sets forth causes of action titled: (1) Violation of California Labor Code §§ 510 and 1198; (2) Violation of California Labor Code §§ 26.7 and 512(a); (3) Violation of Cali...

Excerpt: ...fendant”) was a senior platform architect at Apple Inc. (“Plaintiff” or “Apple”). (Complaint, ¶ 2.) During his tenure at Apple, Defendant designed chips for a range of Apple products, including the iPhone and iPad. (Ibid.) Plaintiff alleges Defendant secretly considered how he could exploit the technology on which he was working and boasted about starting a new company with technology he believed Apple would have no choice to purchase....

Excerpt: ... the Honorable Thomas E. Kuhnle on December 6, 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 alleged violations of the Fair Credit Reporting Act and similar California laws. The Complaint, filed on September 20, 2017, sets forth causes of action titled: (1) Violation of 15 U.S.C. § 1681b(b)(2)(A) (Fair Credit Reporting Act); (2) Violation of 1...

Excerpt: ...ATIVE RULING RE: MOTION FOR APPROVAL OF SETTLEMENT OF LABOR CODE PRIVATE ATTORNEYS GENERAL ACT OF 2004 AND PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT Case No. 2019‐1‐CV‐355280 The above‐ entitled action comes on for hearing before the Honorable Thomas E. Kuhnle on December 6, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: TENTATIVE RULING RE: MOTION FOR APPROVAL OF PAGA SETTLEMENT AND PRELIM...

Excerpt: ...e on September 20, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION According to the allegations of the Complaint in this case (“Nichols II”), filed on December 19, 2017, plaintiff Eric S. Nichols (“Plaintiff”) was hired by defendants Northrop Grumman Systems Corporation and Northrop Grumman Corporation (together, “Defendants”) in May 2010 as an hourly, non‐exempt employee. (C...

Excerpt: .... in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative consumer class action. According to the allegations of the Complaint, filed on April 4, 2019, defendants Arrayit Corporation and Pinner USA, Inc. (together, “Defendants”) manufacture, market, sell, and/or distribute a “food intolerance test” called PinnerTest. (Complaint, ¶ 1.) PinnerTest utilizes Immunoglobulin Analysis (“IgG Te...

Excerpt: ...g as follows: I. INTRODUCTION 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,...

Excerpt: ... action comes on for hearing before the Honorable Thomas E. Kuhnle on September 6, 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. Plaintiffs Petra Godinez, Jose Rodriguez, and Florentino Gayoso (collectively, “Plaintiffs”) allege various Labor Code violations in the First Amended Class Action Complaint (“FAC”), filed on November 1, 2017. TENTATIVE ...

Excerpt: ...DEL GRANDE ENTERPRISES, INC., Defendants. Case No. 2018‐1‐CV‐331434 TENTATIVE RULING RE: MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT The above‐entitled action comes on for hearing before the Honorable Thomas E. Kuhnle on September 6, 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...

Excerpt: ...includes three consolidated cases – Munn v. Gacek, et al., Case No. 2018‐1‐CV‐328139; Palkon v. Ahmad, et al., Case No. 2018‐1‐CV328572; and Asseta v. Rau, et al., Case No. 2019‐1‐CV‐343607. The consolidated action is brought on behalf of Quantum Corp., a Delaware corporation, for breach of fiduciary duty, unjust enrichment, abuse of control, gross mismanagement, and corporate waste. The parties have reached a settlement. In an ...

Excerpt: ... action comes on for hearing before the Honorable Thomas E. Kuhnle on September 6, 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. Plaintiffs Petra Godinez, Jose Rodriguez, and Florentino Gayoso (collectively, “Plaintiffs”) allege various Labor Code violations in the First Amended Class Action Complaint (“FAC”), filed on November 1, 2017. TENTATIVE ...

Excerpt: ...DEL GRANDE ENTERPRISES, INC., Defendants. Case No. 2018‐1‐CV‐331434 TENTATIVE RULING RE: MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT The above‐entitled action comes on for hearing before the Honorable Thomas E. Kuhnle on September 6, 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...

Excerpt: ...g as follows: I. INTRODUCTION 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,...

Excerpt: ...includes three consolidated cases – Munn v. Gacek, et al., Case No. 2018‐1‐CV‐328139; Palkon v. Ahmad, et al., Case No. 2018‐1‐CV328572; and Asseta v. Rau, et al., Case No. 2019‐1‐CV‐343607. The consolidated action is brought on behalf of Quantum Corp., a Delaware corporation, for breach of fiduciary duty, unjust enrichment, abuse of control, gross mismanagement, and corporate waste. The parties have reached a settlement. In an ...

Excerpt: ...aring before the Honorable Thomas E. Kuhnle on August 30, 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 First Amended Class Action Complaint for Damages, filed on June 11, 2015, in Alameda County, sets forth the following causes of action: TENTATIVE RULING RE...

Excerpt: ...ON This is a putative wage and hour class action. According to the allegations of the Complaint, filed on January 14, 2019, defendant Frontier Transportation, Inc. (“Defendant”) provides trucking services in California and employs drivers to conduct its business. (Complaint, ¶ 8.) Plaintiff Gustavo Cardenas (“Plaintiff”) was employed by Defendant as a truck driver for many years, up until November 16, 2017. (Complaint, ¶ 10.) TENTATIVE ...

Excerpt: ...laintiffs, vs. CITY OF SAN JOSÉ, BOARD OF ADMINISTRATION OF THE FEDERATED CITY EMPLOYEES' RETIREMENT SYSTEM, NORBERTO DUEÑAS, IN HIS OFFICIAL CAPACITY AS THE CITY MANAGER OF THE CITY OF SAN JOSÉ, AND DOES 1‐50, , Respondents/Defendants. Case No. 2017‐1‐CV‐312610 TENTATIVE RULING RE: MOTION FOR LEAVE TO FILE VERIFIED SECOND AMENDED PETITION FOR WRIT OF MANDATE AND COMPLAINT /// /// TENTATIVE RULING RE: MOTION FOR LEAVE TO FILE VERIFIED ...

Excerpt: ...tative ruling as follows: I. INTRODUCTION This is a putative class action arising out of various alleged wage and hour violations. On September 21, 2018, plaintiffs Crystal Fregoso, Adrianna Rodriguez, and Truc Bui (collectively, “Plaintiffs”) filed a First Amended Complaint (“FAC”), which 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 Per...

Excerpt: ...0 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION Plaintiff Marcelo A. Ignelzi (“Plaintiff”) brings this putative class and representative action against defendants DA Defense Logistics HQ, LLC (“DA”) and Northrop Grumman Technical Services, Inc. (“Northrop”) (collectively, “Defendants”) for alleged violations of the Labor Code and Business and Professions Code. The Fourth Amended Compla...

Excerpt: ...n; RUBY THAI BAKERSFIELD, LLC, a California corporation; CHICKEN WOW VALLEY FAIR, LLC, a California corporation; YUH MEI CHIOU, an individual; and DOES 1‐50, inclusive, Defendants. Case No. 2018‐1‐CV‐337264 TENTATIVE RULING RE: DEMURRER TO SECOND AMENDED COMPLAINT The above‐entitled action comes on for hearing before the Honorable Thomas E. Kuhnle on August 23, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative rulin...

Excerpt: .... INTRODUCTION This is a putative class action. According to the allegations of the Class Action Complaint for Declaratory Judgment and Injunctive Relief (“Complaint”), filed on December 3, 2018, plaintiff Lowri McGill (“Plaintiff”) was a resident and tenant at a residential rental property known as Vine by Vintage. (Complaint, ¶¶ 1‐2.) Plaintiff alleges she lives in a streetlevel apartment with her husband and two young children. (Id...

Excerpt: ...he 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 secure computer networking...

Excerpt: ... its tentative ruling as follows: I. INTRODUCTION This is a class action lawsuit arising from various alleged wage and hour violations. Plaintiffs Ted Stilwell and Stewart Ross (collectively, “Plaintiffs”) allege defendant First Alarm (“Defendant”) failed to reimburse its California employees for all work‐related expenses incurred in driving personal vehicles for work, failed to provide employees with signed TENTATIVE RULING RE: MOTION ...

Excerpt: ...e Thomas E. Kuhnle on August 16, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION Plaintiff Raul Laguna (“Plaintiff”) petitions for an order coordinating the cases of Laguna v. Golden State Overnight Delivery Service, Inc., Case No. 2019‐1‐CV‐343326, Santa Clara County Superior Court, and Avendano v. GC Delivery Services, LLC and Golden State Overnight Delivery Service, Inc., Case...

Excerpt: ...epartment 5. The 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 December 4, 2018, plaintiff Pamela Shereé Chambers (“Plaintiff”) seeks statutory damages against defendant Cro...

Excerpt: ...itled action comes on for hearing before the Honorable Thomas E. Kuhnle on August 9, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a Private Attorneys General Act (“PAGA”) action based on an alleged failure of defendant Fry's Electronics, Inc. (“Defendant”) to provide suitable seating. Plaintiffs Guadalupe Puente Garcia (“Plaintiff”) and Idalia Baltazar1 allege Defend...

Excerpt: ... follows: I. INTRODUCTION This is a putative class action. Plaintiffs Cathy O'Brien and Laura Adney (together, “Plaintiffs”) are social media influencers. (Amended Class Action Complaint (“Complaint”), ¶¶ 4‐5.) Thousands of influencers across the country recently learned that defendant PopSugar, a pop culture website focusing on celebrity news, entertainment, fashion, which has its own shopping platform, impersonated and misappropriat...

Excerpt: ...ment 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION Plaintiff Marcelo A. Ignelzi (“Plaintiff”) brings this putative class and representative action against defendants DA Defense Logistics HQ, LLC (“DA”) and Northrop Grumman Technical Services, Inc. (“Northrop”) (collectively, “Defendants”) for alleged violations of the Labor Code and Business and Professions Code. The Third Amended Complaint (“TAC”), ...

Excerpt: ...ng Arriaga & Associates, Inc. (“Arriaga, Inc.”), a company that provides security for other businesses and entities. (See Verified First Amended Complaint (Case No. 2017‐1‐CV‐ 310003) (“FAC”), ¶¶ 2 and 8.) In one of the cases before the Court, Arriaga, Inc. alleges defendants Jason Lara and Jose Segura were employees of Arriaga, Inc. (FAC, ¶¶ 3 and 7.) On July 1, 2016, Lara and Segura contacted Arriaga, Inc.'s 1 Included Actions...

Excerpt: ...ws: I. INTRODUCTION This is a putative class action brought under the Fair Credit Reporting Act (“FCRA”). According to the allegations of the Class Action Complaint (“Complaint”), filed on July 26, 2017, defendants DHI Group, Inc. and Dice Inc. (collectively, “Defendants”) operate a web service called “Dice Open Web” that searches the internet and creates profiles on people based on information scraped from various sources, includ...

Excerpt: ...lations. The Complaint, filed on August 24, 2016, sets forth the following causes of action: (1) Failure to Pay Minimum Wage; (2) Failure to Pay Overtime Wages; (3) Unfair Competition; (4) Failure to Make Payment Within the Required Time; and (5) Failure to Indemnify Employees for Expenditures. Defendant Creative Agency Services Team, Inc. (“Defendant”) now moves to compel arbitration. The motion is opposed by plaintiff Roger Armstrong (“Pl...

Excerpt: ...ng before the Honorable Thomas E. Kuhnle on June 28, 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 Second Amended Complaint, filed on May 24, 2019, 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 ...

Excerpt: ...lations. The Complaint, filed on August 24, 2016, sets forth the following causes of action: (1) Failure to Pay Minimum Wage; (2) Failure to Pay Overtime Wages; (3) Unfair Competition; (4) Failure to Make Payment Within the Required Time; and (5) Failure to Indemnify Employees for Expenditures. Defendant Creative Agency Services Team, Inc. (“Defendant”) now moves to compel arbitration. The motion is opposed by plaintiff Roger Armstrong (“Pl...

Excerpt: ...ng before the Honorable Thomas E. Kuhnle on June 28, 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 Second Amended Complaint, filed on May 24, 2019, 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 ...

Excerpt: ...ng before the Honorable Thomas E. Kuhnle on June 28, 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 Second Amended Complaint, filed on May 24, 2019, 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 ...

Excerpt: ...lations. The Complaint, filed on August 24, 2016, sets forth the following causes of action: (1) Failure to Pay Minimum Wage; (2) Failure to Pay Overtime Wages; (3) Unfair Competition; (4) Failure to Make Payment Within the Required Time; and (5) Failure to Indemnify Employees for Expenditures. Defendant Creative Agency Services Team, Inc. (“Defendant”) now moves to compel arbitration. The motion is opposed by plaintiff Roger Armstrong (“Pl...

Excerpt: ...uling as follows: I. INTRODUCTION According to the allegations of the First Amended Complaint (“FAC”), filed on February 19, 2019, in April of 2000, the United States Department of the Interior (“Trustees”) brought a Natural Resources Damages claim against plaintiff Santa Clara Valley Water District (the “District” or “Plaintiff”) related to mercury releases in the Guadalupe River Watershed. (FAC, ¶ 7.) On August 10, 2000, the Di...

Excerpt: ...cquired the common stock of defendant Arlo Technologies, Inc. pursuant and/or traceable to the company's registration statement and prospectus issued in connection with the company's August 3, 2018, initial public offering. There are now two motions to stay before the Court. One motion is by defendants Arlo Technologies, Inc., Matthew McRae, Christine M. Gorjanc, Patrick C.S. Lo, Andrew W. Kim, Ralph E. Faison, Jocelyn E. Carter‐Miller, and Gra...

Excerpt: ...ONS COMPANY L.P. a Virginia limited partnership; and DOES 1 to 10 inclusive, Defendants. Case No. 2018‐1‐CV‐323955 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 14, 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 var...

Excerpt: ...ues its tentative ruling as follows: I. INTRODUCTION This is a putative class action arising out of various alleged Labor Code violations brought by plaintiffs Wade Shumway (“Shumway”) and Johanna Tovar (“Tovar”) (collectively, “Plaintiffs”). According to the allegations of the Second Amended Class Action Complaint (“SAC”), filed on April 2, 2019, defendant Intuit, Inc. (“Defendant”) has a program of unlawfully rounding employ...

Excerpt: ...t 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. 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.) P...

Excerpt: ...LE CONSOLIDATED SECOND AMENDED CROSS‐COMPLAINT The above‐entitled action comes on for hearing before the Honorable Thomas E. Kuhnle on May 24, 2019, at 9:00 a.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 Complain...

Excerpt: ... includes three consolidated cases – Munn v. Gacek, et al., Case No. 2018‐1‐CV‐328139; Palkon v. Ahmad, et al., Case No. 2018‐1‐CV328572; and Assetta v. Rau, et al., Case No. 2019‐1‐CV‐343607. The consolidated action is brought on behalf of Quantum Corp., a Delaware corporation, for breach of fiduciary duty, unjust enrichment, abuse of control, gross mismanagement, and corporate waste. The parties have reached a settlement. Lead...

Excerpt: ... 180413 TENTATIVE RULING RE: CONTINUED MOTION FOR PRELIMINARY 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 May 24, 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 and Intel. The parties have reached a...

Excerpt: ... 180413 TENTATIVE RULING RE: CONTINUED MOTION FOR PRELIMINARY 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 May 24, 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 and Intel. The parties have reached a...

Excerpt: ... includes three consolidated cases – Munn v. Gacek, et al., Case No. 2018‐1‐CV‐328139; Palkon v. Ahmad, et al., Case No. 2018‐1‐CV328572; and Assetta v. Rau, et al., Case No. 2019‐1‐CV‐343607. The consolidated action is brought on behalf of Quantum Corp., a Delaware corporation, for breach of fiduciary duty, unjust enrichment, abuse of control, gross mismanagement, and corporate waste. The parties have reached a settlement. Lead...

Excerpt: ...LE CONSOLIDATED SECOND AMENDED CROSS‐COMPLAINT The above‐entitled action comes on for hearing before the Honorable Thomas E. Kuhnle on May 24, 2019, at 9:00 a.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 Complain...

Excerpt: ...t 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. 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.) P...

Excerpt: ... 180413 TENTATIVE RULING RE: CONTINUED MOTION FOR PRELIMINARY 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 May 24, 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 and Intel. The parties have reached a...

Excerpt: ...t 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. 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.) P...

Excerpt: ... includes three consolidated cases – Munn v. Gacek, et al., Case No. 2018‐1‐CV‐328139; Palkon v. Ahmad, et al., Case No. 2018‐1‐CV328572; and Assetta v. Rau, et al., Case No. 2019‐1‐CV‐343607. The consolidated action is brought on behalf of Quantum Corp., a Delaware corporation, for breach of fiduciary duty, unjust enrichment, abuse of control, gross mismanagement, and corporate waste. The parties have reached a settlement. Lead...

Excerpt: ...LE CONSOLIDATED SECOND AMENDED CROSS‐COMPLAINT The above‐entitled action comes on for hearing before the Honorable Thomas E. Kuhnle on May 24, 2019, at 9:00 a.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 Complain...

Excerpt: ...ding to the allegations of the Third Amended Complaint (“TAC”), filed on July 24, 2015, this case arises out of a fraudulent investment scheme. The TAC sets forth the following causes of action: (1) Breach of Contract; (2) Fraud; (3) Fraud in the Inducement; (4) Negligent Misrepresentation; (5) Violation of Unfair Business Practices Act; (6) Escrow Negligence; (7) Negligent Supervision; (8) Breach of Fiduciary Duty; (9) Breach of Written Cont...

Excerpt: ...ues its tentative ruling as follows: I. INTRODUCTION This is a class action lawsuit arising from various alleged wage and hour violations. Plaintiffs Ted Stilwell and Stewart Ross (collectively, “Plaintiffs”) allege defendant First Alarm (“Defendant”) failed to reimburse its California employees for all work‐related expenses incurred in driving personal vehicles for work, failed to provide employees with signed TENTATIVE RULING RE: MOTI...

Excerpt: ...ues its tentative ruling as follows: I. INTRODUCTION This is a class action lawsuit arising from various alleged wage and hour violations. Plaintiffs Ted Stilwell and Stewart Ross (collectively, “Plaintiffs”) allege defendant First Alarm (“Defendant”) failed to reimburse its California employees for all work‐related expenses incurred in driving personal vehicles for work, failed to provide employees with signed TENTATIVE RULING RE: MOTI...

Excerpt: ...ding to the allegations of the Third Amended Complaint (“TAC”), filed on July 24, 2015, this case arises out of a fraudulent investment scheme. The TAC sets forth the following causes of action: (1) Breach of Contract; (2) Fraud; (3) Fraud in the Inducement; (4) Negligent Misrepresentation; (5) Violation of Unfair Business Practices Act; (6) Escrow Negligence; (7) Negligent Supervision; (8) Breach of Fiduciary Duty; (9) Breach of Written Cont...

Excerpt: ...he above‐entitled action comes on for hearing before the Honorable Thomas E. Kuhnle on May 3, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a shareholder derivative action. According to the allegations of the Verified Shareholder Derivative Complaint (“Complaint”), filed on February 18, 2016, on October 31, TENTATIVE RULING RE: MOTION FOR FINAL APPROVAL OF DERIVATIVE SETTLE...

Excerpt: ...TIVE RULING RE: MOTION FOR CONSOLIDATION OF RELATED CASES AND APPOINTMENT OF LEAD COUNSEL The above‐entitled action comes on for hearing before the Honorable Thomas E. Kuhnle on April 26, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: TENTATIVE RULING RE: MOTION FOR CONSOLIDATION OF RELATED CASES AND APPOINTMENT OF LEAD COUNSEL 2 1 2 3 4 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1...

Excerpt: ... 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. According to the allegations of the Second Amended Class Action Complaint (“SAC”), filed on April 2, 2019, defendant Intuit, Inc. (“Defendant”) has a program of unlawfully rounding employee time to the nearest five minutes, resulting in underpayment of all wages owed. (SAC, ¶ 16.)...

Excerpt: ...ion comes on for hearing before the Honorable Thomas E. Kuhnle on April 19, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION Plaintiff Kerry Scribner (“Plaintiff”) filed this putative class action on July 10, 2017. Plaintiff alleges defendants Simm Associates, Inc. (“Simm”), Jerry S. Simendinger, and Gregory L. Simendinger failed to provide the notice required under Civil Code secti...

Excerpt: ...y, Inc. (“eBay” or “Plaintiff”) operates one of the world's largest online marketplaces. (Complaint, ¶ 16.) Defendant Amazon.com (“Defendant” or “Amazon”) is a tech giant that sells virtually anything imaginable. (Id. at ¶ 18.) In contrast to eBay, Amazon sells products directly on its marketplace, often competing directly against its third‐party sellers. (Ibid.) eBay alleges that over the past several years Amazon has perpetr...

Excerpt: ...ion of Winding Up of Corporation (the “Petition”). The Petition asserts that on August 13, 2018, Newco filed a certificate with the California Secretary of State stating that Newco's board of directors had elected to wind up its affairs and voluntarily dissolve. The Petition seeks court supervision of the winding up of Newco, and in conjunction with winding up, Newco now seeks appointment of a receiver. II. APPLICABLE LAW Newco filed the Peti...

Excerpt: ...norable Thomas E. Kuhnle on April 19, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a 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...

Excerpt: ...Thomas E. Kuhnle on April 19, 2019, at 11:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION On March 1, 2018, plaintiffs Howard Cho and Steve Lacombe (together, “Plaintiffs”) filed a shareholder derivative action. The action was brought on behalf of Newco Materials TENTATIVE RULING RE: MOTION TO CONSOLIDATE 2 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 21 22 23 24 25 26 27 28 9 I 20 I Technology,...

Excerpt: ... above‐entitled action comes on for hearing before the Honorable Thomas E. Kuhnle on April 5, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION According to the allegations of the Second Amended Complaint (“SAC”), filed on December 14, 2018, defendants Coolpad Technologies Inc., Coolpad Group Limited, and Yulong Computer Telecommunication Scientific (Shenzhen) Co., Ltd. (collectively, ...

Excerpt: ... hearing before the Honorable Thomas E. Kuhnle on April 5, 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 First Amended Complaint, filed on October 16, 2018, sets forth the following causes of action: (1) Failure to Provide Meal Periods; (2) Failure to Provide Rest Periods; (3) Failure to Pay Hour...

Excerpt: ... April 5, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION According to the Second Amended Complaint (“SAC”), filed on January 22, 2019, plaintiff Yi‐Ching Pao, Ph.D. (“Plaintiff”) is a shareholder and founding CEO of Epic Communications, Inc. (“Epic”), a Taiwan corporation, which has a wholly‐owned subsidiary, EpicCom, Inc. (“EpicCom”), for which Plaintiff is also the f...

Excerpt: ...arch 29, 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 Third Amended Class Action Complaint, filed on February 1, 2018, sets forth the following causes of action: (1) Failure to Furnish Proper and Complete Itemized Wage Statements; (2) Violation of Labor Code Sections 226.7 and 512; (3) Violation...

Excerpt: ...s E. Kuhnle on March 29, 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 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 person...

Excerpt: ...intiffs Yi Zheng, Lei Liu, Di Wang, and Ran Xiong (collectively, “Plaintiffs”) filed a putative class action arising out of various alleged wage and hour violations. Their Class Action Complaint (“Complaint”) sets forth the following causes of action: (1) Failure to Pay Overtime Wages; (2) Failure to Provide Meal Periods; (3) Failure to Provide Rest Periods; (4) Failure to Furnish Accurate Wage Statements; (5) Failure to Pay Earned Wages ...

Excerpt: ...on March 29, 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 various alleged wage and hour violations. The Third Amended Class Action Complaint, filed on April 25, 2018, sets forth the following causes of action: (1) Failure to Pay Overtime; (2) Breach of Contract; (3) Minimum Wages; (4) Withholding of Wages; (5) Meal Period Violations; (6) R...

Excerpt: ...on March 22, 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 Class Action Complaint for Damages, filed on June 11, 2015, in Alameda County sets forth the following causes of action against Defendant TENTATIVE RULING RE: MOTION FOR CLASS CERTIFICATION 2 1 2 3 4 ...

Excerpt: ... E. Kuhnle on March 8, 2019, at 11:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a shareholder derivative action brought on behalf of Newco Materials Technology, Inc. (“Newco”). (Shareholder's Derivative Complaint (“Complaint”), ¶ 1.) TENTATIVE RULING RE: MOTION TO QUASH 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 Plaintiffs Howard Cho and Steve Lac...

Excerpt: ...es 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 First Amended Class Action Complaint (“FAC”), filed on January 29, 2019, defendant Intuit, Inc. (“Defendant”) has a program of unlawfully rounding employee time to the nearest five minutes, resulting in underpayment of all wages owed. (FAC, ¶ 14.) Intuit also has a p...

Excerpt: ...nt 5. The 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 Louise Horner (“Plaintiff”) seeks statutory damages against defendant Crown Asset Man...

Excerpt: ...INTRODUCTION This is a putative class action brought under the Fair Credit Reporting Act (“FCRA”). According to the allegations of the Class Action Complaint (“Complaint”), filed on July 26, 2017, defendants DHI Group, Inc. and Dice Inc. (collectively, “Defendants”) operate a web service called “Dice Open Web” that searches the internet and creates profiles on people based on information scraped from various sources, including soc...

Excerpt: ...es 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 First Amended Class Action Complaint (“FAC”), filed on January 29, 2019, defendant Intuit, Inc. (“Defendant”) has a program of unlawfully rounding employee time to the nearest five minutes, resulting in underpayment of all wages owed. (FAC, ¶ 14.) Intuit also has a p...

Excerpt: ...nt 5. The 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 Louise Horner (“Plaintiff”) seeks statutory damages against defendant Crown Asset Man...

Excerpt: ...INTRODUCTION This is a putative class action brought under the Fair Credit Reporting Act (“FCRA”). According to the allegations of the Class Action Complaint (“Complaint”), filed on July 26, 2017, defendants DHI Group, Inc. and Dice Inc. (collectively, “Defendants”) operate a web service called “Dice Open Web” that searches the internet and creates profiles on people based on information scraped from various sources, including soc...

Excerpt: ... E. Kuhnle on March 8, 2019, at 11:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a shareholder derivative action brought on behalf of Newco Materials Technology, Inc. (“Newco”). (Shareholder's Derivative Complaint (“Complaint”), ¶ 1.) TENTATIVE RULING RE: MOTION TO QUASH 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 Plaintiffs Howard Cho and Steve Lac...

Excerpt: ...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 laws of the Stat...

Excerpt: ...as E. Kuhnle on March 1, 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 brought by plaintiff Tabitha Newsom (“Plaintiff”) pursuant to the California Fair Debt Buying Practices Act (“CFDBPA”). According to the Complaint, filed on September 15, 2016, Plaintiff is alleged to have incurred a financial obligation in the form of a consumer credit account ...

Excerpt: ...uling as follows: I. INTRODUCTION This case involves a number of actions and cross‐actions involving both active and nominal parties. The primary dispute is between Plaintiff Mark A. Calvano and Defendants Marwood Investors I, LLC (“Marwood”) and Vincent Woo (together, “Defendants”). In 2015, Calvano owned rights to purchase three properties (the “Properties”) in Mountain View, TENTATIVE RULING RE: MOTION FOR CLARIFICATION 2 1 2 3 4...

Excerpt: ...uling as follows: I. INTRODUCTION This case involves a number of actions and cross‐actions involving both active and nominal parties. The primary dispute is between Plaintiff Mark A. Calvano and Defendants Marwood Investors I, LLC (“Marwood”) and Vincent Woo (together, “Defendants”). In 2015, Calvano owned rights to purchase three properties (the “Properties”) in Mountain View, TENTATIVE RULING RE: MOTION FOR CLARIFICATION 2 1 2 3 4...

Excerpt: ...able Thomas E. Kuhnle on February 8, 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. Plaintiff Michael Turner (“Plaintiff”) worked for defendants Aemetis, Inc. and Aemetis Advanced Fuels Keyes, Inc. (collectively, “Defendants”) as an hourly‐paid, non‐exempt employee from approximately December 2014 to July 2015 in California. (Complaint, ¶ 18.)...

Excerpt: ...ONS COMPANY L.P. a Virginia limited partnership; and DOES 1 to 10 inclusive, Defendants. Case No. 2018‐1‐CV‐323955 TENTATIVE RULING RE: MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT The above‐entitled action comes on for hearing before the Honorable Thomas E. Kuhnle on February 8, 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 o...

Excerpt: ...É, BOARD OF ADMINISTRATION OF THE FEDERATED CITY EMPLOYEES' RETIREMENT SYSTEM, DAVID SYKES, IN HIS OFFICIAL CAPACITY AS THE CITY MANAGER OF THE CITY OF SAN JOSÉ, AND DOES 1‐50, Respondents/Defendants. Case No. 17‐CV‐312610 TENTATIVE RULING RE: DEMURRER TO AMENDED COMPLAINT/PETITION The above‐entitled matter comes on for hearing before the Honorable Thomas E. Kuhnle on Friday, February 8, 2019, at 9:00 a.m. in Department 5. The Court now...

Excerpt: ... its tentative ruling as follows: I. INTRODUCTION This is a putative class action arising out of various alleged wage and hour violations. On September 21, 2018, plaintiffs Crystal Fregoso, Adrianna Rodriguez, and Truc Bui (collectively, “Plaintiffs”) filed the First Amended Complaint (“FAC”), which sets forth the following causes of action: (1) Failure to Pay Overtime Wages; (2) Failure to Pay Minimum Wage; (3) Failure to Provide Mandate...

Excerpt: ...hnle on February 1, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: TENTATIVE RULING RE: MOTION TO CONSOLIDATE 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24 25 26 27 28 23 I. INTRODUCTION This motion concerns two putative class action cases filed against defendant S.J. Distributors, Inc. (“Defendant”). On August 24, 2018 Plaintiff Guadalupe Flores Elizarraraz (“Elizarraraz”) filed ...