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...

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