Excerpt: ...hing the UUT, which authorizes a local tax for telephone services. (Compl., ¶¶ 8‐9.) The UUT is automatically charged to City taxpayers each month by telephone providers as part of their normal billing practice on behalf of the City. (Id. at ¶¶ 1, 9.) For purposes of the UUT ordinance, the City adopted the definition of taxable telephone services prescribed by federal statute in relation to excise taxes. (Compl., ¶ 10.) Beginning in 2005, ...

Excerpt: ...ing to the operative complaint, plaintiff was hired by defendant to work as a security guard/officer in October 2018. (Complaint, ¶ 6.) He alleges that defendant is a licensed private patrol operator and that he and other aggrieved employees are licensed security guards required to be paid on a weekly basis pursuant to Labor Code section 201.3 (Id., ¶ 16.) Plaintiff further alleges that he and other aggrieved employees were not assigned to work...

Excerpt: ...“DXC”) (the “Merger”). Before the Court is a demurrer by HPE, DXC, and the individual defendants on the grounds that each cause of action in the operative Consolidated Complaint fails to state a claim. (Code Civ. Proc., § 430.10, subd. (e).) Plaintiffs oppose the demurrer. On July 15, 2020, the Court denied defendants' motion to stay this action in favor of a related federal action, Costanzo v. DXC Tech. Co. (N.D. Cal., No. 5:19‐CV‐0...

Excerpt: ... ground that Jesmar's work was completed and accepted by DPM prior to Mendoza's accident. Dollinger opposes this motion. Jesmar also moves for leave to amend its answer to Dollinger's cross‐ complaint to assert a defense based on the completed and accepted doctrine. The motion for leave to amend is unopposed. I. Background Plaintiff filed the original complaint in this action on August 2, 2016, alleging that he was injured when he fell into a h...

Excerpt: ...hing the UUT, which authorizes a local tax for telephone services. (Compl., ¶¶ 8‐9.) The UUT is automatically charged to City taxpayers each month by telephone providers as part of their normal billing practice on behalf of the City. (Id. at ¶¶ 1, 9.) For purposes of the UUT ordinance, the City adopted the definition of taxable telephone services prescribed by federal statute in relation to excise taxes. (Compl., ¶ 10.) Beginning in 2005, ...

Excerpt: ...ing to the operative complaint, plaintiff was hired by defendant to work as a security guard/officer in October 2018. (Complaint, ¶ 6.) He alleges that defendant is a licensed private patrol operator and that he and other aggrieved employees are licensed security guards required to be paid on a weekly basis pursuant to Labor Code section 201.3 (Id., ¶ 16.) Plaintiff further alleges that he and other aggrieved employees were not assigned to work...

Excerpt: ... ground that Jesmar's work was completed and accepted by DPM prior to Mendoza's accident. Dollinger opposes this motion. Jesmar also moves for leave to amend its answer to Dollinger's cross‐ complaint to assert a defense based on the completed and accepted doctrine. The motion for leave to amend is unopposed. I. Background Plaintiff filed the original complaint in this action on August 2, 2016, alleging that he was injured when he fell into a h...

Excerpt: ...e parties' stipulation. I. Legal Standard “The court may order that a record be filed under seal only if it expressly finds facts that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrow...

Excerpt: ...that order. Before the Court is plaintiff's motion for final approval of the settlement and for approval of his attorney fees, costs, and service award. Plaintiff's motion is unopposed. I. Legal Standards for Approving a Class Action/PAGA Settlement Generally, “questions whether a settlement was fair and reasonable, whether notice to the class was adequate, whether certification of the class was proper, and whether the attorney fee award was pr...

Excerpt: ... the action and the Court's analysis of the settlement and settlement class are set forth in that order. Before the Court is plaintiff's motion for final approval of the settlement and for approval of his attorney fees, costs, and service award. Plaintiff's motion is unopposed. I. Legal Standards for Approving a Class Action Settlement Generally, “questions whether a settlement was fair and reasonable, whether notice to the class was adequate, ...

Excerpt: ...��weekly basis, but not until at least 14 days after the end of each pay period. (Id., ¶ 13.) Based on these allegations, plaintiff asserts a single cause of action under PAGA for failure to timely pay wages as required by Labor Code section 204. The parties have now reached a settlement. Plaintiff moves for an order approving the parties' PAGA settlement. II. Legal Standard for Approving a PAGA Settlement Under PAGA, an aggrieved employee may b...

Excerpt: ...ccording to the FAC, defendants Marriott International, Inc. and SJMEC, Inc. own and operate a chain of hotels under various brands nationwide and throughout California, including approximately 52 Marriott hotel locations in California. (FAC, ¶ 21.) Defendants maintain their corporate headquarters in Bethesda, Maryland, with a centralized Human Resources department responsible for recruiting and hiring employees, as well as communicating and imp...

Excerpt: ...id on a bi‐weekly basis, but not until more than 10 days after the end of each pay period. (Id., ¶ 8.) Based on these allegations, plaintiff asserts a single cause of action under PAGA for failure to timely pay wages as required by Labor Code section 204. The parties have now reached a settlement. Plaintiff moves for an order approving the parties' PAGA settlement. II. Legal Standard for Approving a PAGA Settlement Under PAGA, an aggrieved emp...

Excerpt: ...mpany. The plaintiffs also allege claims arising from a data breach impacting the Google+ service. Before the Court is plaintiffs' unopposed motion for preliminary approval of a settlement. A related motion to seal was withdrawn. I. Allegations of the Operative Complaint As alleged in the Consolidated Stockholder Derivative Complaint, Alphabet actively promotes itself as a “good” company, both in terms of employee benefits and experience, and...

Excerpt: ...on and the Court's analysis of the settlement and settlement class are set forth in that order. Before the Court is plaintiffs' motion for final approval of the settlement and for approval of their attorney fees, costs, and service awards. Plaintiffs' motion is unopposed. I. Legal Standards for Approving a Class Action/PAGA Settlement Generally, “questions whether a settlement was fair and reasonable, whether notice to the class was adequate, w...

Excerpt: ...and settlement class are set forth in that order. Before the Court are plaintiff's motions for final approval of the settlement and for approval of his attorney fees, costs, and service award. Plaintiff's motions are unopposed. I. Legal Standards for Approving a Class Action/PAGA Settlement Generally, “questions whether a settlement was fair and reasonable, whether notice to the class was adequate, whether certification of the class was proper,...

Excerpt: ...n in June of 2007, and his employment ended on March 21, 2019. (Complaint, ¶ 7.) Plaintiff alleges that when he was paid shift differentials, including “2Ndsft” wages, his wage statements did not identify the correct rate of pay, amount paid for such wages, or total hours worked. (Id., ¶ 21.) Based on these allegations, plaintiff asserts (1) a putative class claim for violation of Labor Code section 226 and (2) a representative claim for pe...

Excerpt: ...at a record be filed under seal only if it expressly finds facts that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the...

Excerpt: ...n of the plaintiff's individual claims. Currently before the Court is a motion by defendants Aegion Energy Services LLC (erroneously sued as Aegion Energy Services, Inc.) and Schultz Industrial Services, Inc. (previously known as Schultz Mechanical Contractors, Inc.) to consolidate Tielemans with a subsequently filed case pending in Department 3, Edgar v. Aegion Corporation, et al., (Super. Ct. Santa Clara County, Case No. 20CV362163). The plaint...

Excerpt: ...is of the settlement and settlement class are set forth in that order. Before the Court is plaintiffs' motion for final approval of the settlement and for approval of their attorney fees, costs, and service awards. Plaintiffs' motion is unopposed. I. Legal Standards for Approving a Class Action/PAGA Settlement Generally, “questions whether a settlement was fair and reasonable, whether notice to the class was adequate, whether certification of t...

Excerpt: ...t (“FAC”), ¶ 4.) He worked there as a sales associate until his employment was terminated on December 8, 2019. (Ibid.) Plaintiff alleges that defendant failed to list hourly rates and hours worked for the “Retro Pay” item of hourly wages on wage statements issued to plaintiff and other aggrieved employees, in violation of Labor Code section 226, subdivision (a)(9). (Id., ¶ 15.) Based on these allegations, plaintiff filed this action on ...

Excerpt: ...ted federal action. Plaintiff opposes defendants' motion. I. Allegations of the Operative Complaint According to the operative Second Amended Complaint (“SAC”), Maxar specializes in the manufacture of satellites and the provision of satellite‐related services. (SAC, ¶ 11.) At all times relevant to the Merger, the company's principal executive offices were located in California, which served as the official mailing address for nearly all of...

Excerpt: ...(“Tentative Ruling”). The Court subsequently entered an order adopting the Tentative Ruling, which was issued conditionally under seal to the parties on June 30, 2020 (“Final Order”). Before the Court is Alphabet's unopposed motion to seal portions of the Tentative Ruling and Final Order. I. Legal Standard “The court may order that a record be filed under seal only if it expressly finds facts that establish: (1) There exists an overridi...

Excerpt: ...ction and the Court's analysis of the settlement and settlement class are set forth in that order. Before the Court is plaintiff's motion for final approval of the settlement and for approval of her attorney fees, costs, and service award. Plaintiff's motion is unopposed. I. Legal Standards for Approving a Class Action/PAGA Settlement Generally, “questions whether a settlement was fair and reasonable, whether notice to the class was adequate, w...

Excerpt: ... in that order. Before the Court is plaintiff's motion for final approval of the settlement and for approval of his attorney fees, costs, and service award. Plaintiff's motion is unopposed. I. Legal Standards for Approving a Class Action/PAGA Settlement Generally, “questions whether a settlement was fair and reasonable, whether notice to the class was adequate, whether certification of the class was proper, and whether the attorney fee award wa...