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: ...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: ...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: ...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: ...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: ...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...