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: ...) 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: ...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: ... 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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: .... 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: ... 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: ...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: ...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: ...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 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: ...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: ...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: ...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: ...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: ... 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: ...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: ... 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...