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

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