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: ...“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: ...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: ...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: ...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: ...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: ...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 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: ...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: ... 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...

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: ...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: ...h retail and outlet store locations throughout the United States, including in California. (Complaint, ¶ 10.) Plaintiff began working for defendant as an hourly non‐exempt employee in February 2003, and currently works at its outlet store in Gilroy. (Id., ¶ 8.) He alleges that defendant failed to include all non‐ discretionary remuneration, including bonuses and “spiffs,” in calculating employees' regular rate of pay for purposes of pay...

Excerpt: ...dant sells home renovation and design products and services and does business throughout California, including in Santa Clara County. (Class Action Complaint, ¶ 4.) Plaintiff was employed by Houzz as a non‐exempt employee from August 10, 2015 through December 6, 2018. (Id. at ¶¶ 7–8.) She alleges that she and other putative class members were not paid at least the minimum wage for all hours worked; were not paid the correct rates for overt...

Excerpt: ...nt 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 awards. 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,...

Excerpt: ...s motion to quash for lack of personal jurisdiction; (2) Innogy SE's demurrer to the First Amended and Supplemental Complaint (“FAC”); (3) Innogy NV's demurrer to the FAC; (4) plaintiff's motion to compel further discovery responses by Innogy NV; and (5) plaintiff's motion to compel further discovery responses by Innogy SE. I. Allegations of the Operative Complaint According to the FAC, Rogers and his business partner Michael Mintz formed iTy...

Excerpt: ... claim asserted in this action does not survive Huff's death. The motion is opposed by plaintiff's son, Forrest A. Huff, who has temporarily been appointed special administrator of his estate by the Probate Division. Also before the Court is Forrest A. Huff's motion to continue the litigation pursuant to Code of Civil Procedure section 377.31, which defendant opposes. I. Factual and Procedural Background Securitas provides businesses with on‐si...

Excerpt: ... also known as a Sales Development Representative, from October 2016 to May 2017. (Complaint, ¶¶ 12‐13.) His duties included calling on potential customers and qualifying marketing‐generated leads, discussing defendant's cloud accounting and ERP software with potential customers, generating new business opportunities, and selling cloud accounting and ERP software to small to mid‐size businesses. (Ibid.) Plaintiff was paid a base salary, p...

Excerpt: ...and services company with its principal place of business in San Ramon. (Complaint, ¶¶ 8, 14.) In recent years, the focus of BlackBerry's business has shifted from the design and development of mobile devices to the development and sale of enterprise software for the Internet of Things, including most recently AI based cyber‐security solutions. (Id., ¶ 14.) On February 21, 2019, BlackBerry acquired Cylance, Inc., based in Irvine. (Id., ¶¶ ...

Excerpt: ...policies on employees, and retaliating against employees. Plaintiff DeWayne Cassel also brings a range of individual claims arising from his employment with Google. Plaintiff's allegations are summarized in more detail in the Court's March 9th, 2020 order addressing his motion for a temporary injunction and Google's demurrer to the operative Second Amended Complaint (“SAC”). Before the Court are plaintiff's (1) demurrer to Google's answer to ...

Excerpt: ...y vehicles, parts, and accessories, as well as financing, maintenance, and repair services. (Complaint, ¶ 2.) Plaintiffs were employed by defendant in California from 2015 or 2016 to 2018, and were paid only commission wages for certain pay periods. (Id. at ¶¶ 3‐5.) They bring this action on behalf of a putative class of employees paid on a “draw vs. commission compensation scheme” during the class period, beginning four years prior to t...

Excerpt: ... approval of a settlement, which is unopposed. I. Factual and Procedural Background As alleged in the operative complaint, plaintiff worked for defendants as an hourly, nonexempt employee from October 2006 to January 2015. (First Amended Class Action Complaint (“FAC”), ¶ 5.) He and other employees were not provided with required meal breaks, and were not paid hourly and overtime wages for missed meal breaks and for time spent traveling betwe...

Excerpt: ...AC”), defendant operates a hotel in Campbell, California. (FAC, ¶ 2.) Plaintiff was employed by RK as a non‐ exempt front desk clerk. (Id., ¶¶ 10, 18.) He alleges that he and other aggrieved employees were not paid overtime wages when defendant failed to include shift premiums, bonuses, and other incentive pay in their overtime pay rates. (Id., ¶ 23.) In addition, RK failed to provide employees with required meal and rest breaks or to pay...

Excerpt: ...l stores throughout California, including in Santa Clara County. (First Amended Class Action Complaint (“FAC”), ¶ 9.) Plaintiff was employed by defendant as a non‐ exempt Assistant Manager from July 20, 2018 until September 25, 2018. (Id., ¶ 8.) He alleges that defendant violated Labor Code section 226, subdivision (a) by providing employees with wage statements that failed to identify the accurate total hours worked when “Night Prem”...

Excerpt: ..., which the Court preliminarily approved in an order filed on March 11, 2020. The factual and procedural background of 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 her attorney fees, costs, and service award. Plaintiff's motion is unopposed. I. Legal Standard for Approving a Class Action Settle...

Excerpt: ...r 22, 2019. The factual and procedural background of the action and the Court's analysis of the settlement and settlement class are set forth in that order. Before the Court is the parties' joint motion for final approval of the settlement and plaintiffs' motion for approval of their attorney fees and costs. Both motions are unopposed. I. Legal Standards for Approving a Class Action/PAGA Settlement Generally, “questions whether a settlement was...

Excerpt: ...e 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, whether ce...

Excerpt: ...nd Procedural Background The operative complaints in each action1 assert claims for breach of contract and common count arising from Cisco's alleged breaches of various Statements of Work with InESS following Cisco's conclusion that InESS had participated in a fraudulent scheme with a Cisco employee. Cisco filed an answer and cross‐complaint in both actions, naming InESS's founder and CEO Souvami Sundareson, former Cisco employee Bhikha, and Bh...

Excerpt: ... employee from approximately November 2017 through January 3, 2018. (First Amended Complaint (“FAC”), ¶ 19.) He alleges that he and other seasonal employees were not provided with required meal and rest periods due to Costco's policies of not scheduling breaks as part of each work shift, understaffing each shift and imposing so much work on employees that they were unlikely to take their breaks, and having no formal written meal and rest per...

Excerpt: ...ual was employed as a Registered Nurse by defendant at its facility in Tracy from about November 2016 until February 5, 2019. (FAC, ¶ 8.) Plaintiff Arturo Fonseca was employed by defendant as a chemotherapy dialysis technician in Morgan Hill and Gilroy from about September 2009 until his resignation on January 21, 2019. (Id., ¶ 9.) Both plaintiffs were nonexempt employees. (Id., ¶ 8.) Plaintiffs allege that when they and other employees worked...

Excerpt: ... States, including in Santa Clara County. (SAC, ¶ 3.) Plaintiff was employed by defendant in Santa Clara from November 2, 2017 until his employment was terminated on September 14, 2018. (Id., ¶ 4.) He alleges that defendant failed to provide employees with accurate itemized wage statements: specifically, when employees were paid commission wages, defendant's wage statements did not identify the accurate pay period start and end dates for which ...

Excerpt: ... subd. (e).) Plaintiffs oppose the demurrer. I. Allegations of the Operative Complaint Google owns and programs the most popular mobile platform in the world, the Android operating system. (Amended Complaint, ¶ 17.) Android works on a variety of mobile devices, including smartphones and tablets. (Ibid.) Many of the most popular mobile device manufacturers preinstall Android and a suite of Google's mobile applications, or “apps,” on devices t...

Excerpt: ...of 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 Standard for Approving a Class Action Settlement Generally, “questions whether a settlement was fair and reasonable, whether notice to the class was adequate,...

Excerpt: ...nt 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/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...

Excerpt: ...lement 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. II. Legal Standard 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 prop...

Excerpt: ...C”), defendant specializes in waterproofing services and employs professionally trained “applicators” to perform waterproofing and stone care services. (FAC, ¶ 7.) Plaintiff has been employed by defendant as an applicator since 2008. (Id. at ¶ 6.) Applicators are properly classified as non‐exempt employees. (Id. at ¶¶ 11, 16.) However, plaintiff and other putative class members were not provided with lawful meal periods prior to compl...

Excerpt: ...cts. (Complaint, ¶ 15.) Blue Bottle also sells gift cards, which can be used to buy products from its stores. (Id., ¶ 16.) Plaintiff acquired a Blue Bottle gift card and, within 12 months of the filing of this action, used it to purchase items at a Blue Bottle location in California. (Complaint, ¶¶ 14, 30.) After he paid for these items using the gift card, plaintiff's gift card balance was less than $10.00. (Id., ¶ 31.) Plaintiff did not wa...

Excerpt: ...“DXC”) (the “Merger”). Before the Court is a motion by HPE, DXC, and the individual defendants to stay all proceedings in this action in favor of a related federal action. Plaintiffs oppose defendants' motion. I. Allegations of the Operative Complaint HPE is a technology company based in Palo Alto, California. (Consolidated Complaint, ¶ 2.) In April 2017, HPE consummated the Merger, spinning off its Enterprise Services business segment, ...

Excerpt: ...osemary Schooler, Steve J. Sordello, Michael A. Stankey, Robert Bearden, Paul Cormier, Peter Fenton, and Kevin Klausmeyer (collectively, the “Cloudera Defendants”) to stay all proceedings in this action pending the resolution of the pleadings in a related federal action.10 Alternatively, the Cloudera Defendants move to stay discovery until the pleadings are resolved in both this case and the federal action. Plaintiffs again oppose the entry o...

Excerpt: ...(d).) I. Factual and Procedural Background As alleged in the complaint, plaintiff incurred a consumer debt in the form of a credit account issued by WebBank. (Complaint, ¶ 15.) She was unable to pay the debt and defaulted on her payments to WebBank. (Id. at ¶ 16.) The debt was subsequently assigned or otherwise transferred to defendant for collection, and it sent an initial collection letter to plaintiff dated February 9, 2017. (Id. at ¶¶ 17�...

Excerpt: ...dant sells home renovation and design products and services and does business throughout California, including in Santa Clara County. (Class Action Complaint, ¶ 4.) Plaintiff was employed by Houzz as a non‐exempt employee from August 10, 2015 through December 6, 2018. (Id. at ¶¶ 7–8.) She alleges that she and other putative class members were not paid at least the minimum wage for all hours worked; were not paid the correct rates for overt...

Excerpt: ...heet metal design and manufacturing company located in San Jose. (First Amended Complaint (“FAC”), ¶ 5.) Plaintiffs Ronald Balanag and Javier Graciano were employed by JL as sheet metal printers, painters, and hardware operators at different periods during their employment. (Id. at ¶¶ 11‐12.) Plaintiffs allege that they and other non‐exempt employees routinely worked without receiving a timely ten‐minute rest period for every four ho...

Excerpt: ...h 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, and whether the attorney fee awa...

Excerpt: ...idating “the class notice” or, alternatively, 16 of the opt‐outs received in response to the new round of curative notice to the class recently ordered by the Court, and compelling defendants to produce additional documents that have been the subject of discovery disputes between the parties. Defendants oppose this motion in all respects.3 The Court notes that, as of the time this tentative ruling was prepared, defendants have filed six Not...

Excerpt: ...ction contractor in the residential, industrial, and commercial markets. (First Amended Class Action Complaint (“FAC”), ¶ 2.) Plaintiff was employed by Baker in California from July 2016 to January 2018 as a non‐ exempt, hourly employee. (Id., ¶ 3.) He alleges that, as a result of their rigorous work schedules, he and other employees were unable to take required meal and rest periods. (Id., ¶¶ 8‐9.) As a result, employees' wage statem...

Excerpt: ...erative complaint, plaintiff Hector Luna was employed by defendants as a non‐exempt Protective Service Officer at the United States Social Security Office in Gilroy from February 1, 2018 to November 15, 2018. (PAGA Complaint, ¶ 6.) He alleges that he and other employees were not paid for all hours worked because all such hours were not recorded; were not paid certain overtime wages; were not paid at regular and overtime rates of pay that inclu...

Excerpt: ...rwise fails to state a claim as to those defendants. (See Code Civ. Proc., § 430.10, subd. (e).) Plaintiff opposes the demurrer. I. Factual and Procedural Background According to the operative complaint, Veeco is a designer, developer, manufacturer, and supplier of thin film process equipment used to make a broad range of microelectronic devices, including light emitting diodes (“LED”s) and semiconductor devices. (Shareholder Derivative Comp...

Excerpt: ...ng executive protection, special event, investigation, risk/threat assessment, retail loss prevention, and uniformed services. (FAC, ¶ 2.) Plaintiff has been employed by defendant as a non‐exempt security guard since February 2016. (Id. at ¶ 3.) He alleges that defendant fails to compensate security guards for missed meal and rest periods and for overtime worked. (Id. at ¶¶ 8‐14.) In addition, wages paid pursuant to defendant's nondiscret...

Excerpt: ...policies on employees, and retaliating against employees. Plaintiff DeWayne Cassel also brings a range of individual claims arising from his employment with Google. Before the Court is plaintiff's motion for an injunction under Labor Code sections 1102.61‐62 and Google's demurrer to the Second Amended Complaint (“SAC”), both of which are opposed. I. Allegations of the Operative Complaint According to the SAC, plaintiff had a successful care...

Excerpt: ...y practice of Greg S. Morganroth, MD in Mountain View, California. (Class Action Complaint, ¶ 2.) Through the merger of over 50 dermatology and cosmetic surgery practices since 2007, CSI has grown into the largest private practice dermatology and plastic surgery medical group in California, with over 360 employees. (Ibid.) Plaintiff was employed by CSI in California as a non‐exempt employee from April of 2017 to December of 2018. (Id., ¶ 3.) ...

Excerpt: ...es (“FAC”), the Loma Fire started on September 26, 2016 on property (the “Segal Property”) owned by defendants Andre Y. Segal and Suzanna G. Segal—along with defendants Ran Ben Vais, SAAS, LLC, Green Acres Farm, Inc., CAYA Group, LLC, Wish River, LLC, and/or Integral Earth, LLC— and quickly spread to neighboring properties, destroying a total of 4,474 acres that included plaintiff's property (the “Hartke Property”). (FAC, ¶¶ 5�...

Excerpt: ...y practice of Greg S. Morganroth, MD in Mountain View, California. (Class Action Complaint, ¶ 2.) Through the merger of over 50 dermatology and cosmetic surgery practices since 2007, CSI has grown into the largest private practice dermatology and plastic surgery medical group in California, with over 360 employees. (Ibid.) Plaintiff was employed by CSI in California as a non‐exempt employee from April of 2017 to December of 2018. (Id., ¶ 3.) ...

Excerpt: ...policies on employees, and retaliating against employees. Plaintiff DeWayne Cassel also brings a range of individual claims arising from his employment with Google. Before the Court is plaintiff's motion for an injunction under Labor Code sections 1102.61‐62 and Google's demurrer to the Second Amended Complaint (“SAC”), both of which are opposed. I. Allegations of the Operative Complaint According to the SAC, plaintiff had a successful care...

Excerpt: ...ng executive protection, special event, investigation, risk/threat assessment, retail loss prevention, and uniformed services. (FAC, ¶ 2.) Plaintiff has been employed by defendant as a non‐exempt security guard since February 2016. (Id. at ¶ 3.) He alleges that defendant fails to compensate security guards for missed meal and rest periods and for overtime worked. (Id. at ¶¶ 8‐14.) In addition, wages paid pursuant to defendant's nondiscret...

Excerpt: ...s not survive Huff's death. The motion is opposed by plaintiff's counsel, who represents that Huff's successor in interest intends to file a motion to become a special administrator and urges that the litigation may be continued by this individual. I. Factual and Procedural Background Securitas provides businesses with on‐site security, and plaintiff was employed with the company as a security guard. (Huff v. Securitas Security Services USA, In...

Excerpt: ...poses defendants' motion, urging that the waiver reflected in the CBA is invalid under the Ordinance. I. Factual and Procedural Background As alleged in the operative complaint, plaintiff was employed by defendants as a server at the San Jose Mariott Hotel from June 2013 through August 15, 2015. (Complaint, ¶ 10.) He alleges that defendants have, “in accordance with the terms of a Collective Bargaining Agreement between SJMEC and Unite Here, L...

Excerpt: ...ative complaint, plaintiff was employed by defendants as a parking attendant at the Shoreline Amphitheater in Mountain View during the class period. (First Amended Class Action Complaint (“FAC”), ¶ 11.) During her employment, she and other employees routinely worked five hours or more without receiving compliant rest and meal periods. (Id., ¶ 15.) They also worked over eight hours in a day and forty hours in a week without receiving overtim...

Excerpt: ...n 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 proper are matters addressed to the trial court's b...

Excerpt: ... 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, whether certification of the class was proper, and whether the attorney fee award was p...

Excerpt: ...ment 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 the class was pro...

Excerpt: ...endant as a nonexempt employee for approximately 16 years, until her employment was terminated on April 18, 2018. (Second Amended Class Action Complaint for Damages (“SAC”), ¶ 8.) During her employment, defendant had a time rounding policy that resulted in the underpayment of wages; did not properly compensate employees for time spent travelling for work or properly reimburse them for travel costs such as mileage; did not properly factor non...

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...

Excerpt: ... filed declarations supporting the approval of the settlement. I. Factual and Procedural Background According to the operative complaint in Chavez, plaintiff Chavez was a non‐exempt employee at defendant's Gilroy store until December of 2015. (Chavez Second Amended Complaint (“SAC”), ¶ 7.) He alleges that defendant failed to pay minimum and overtime wages for time employees spent undergoing security checks and also failed to provide requir...

Excerpt: ...ording the complaint, plaintiff worked for defendant from August 2011 to January 17, 2019 as an hourly, non‐ exempt employee. (Complaint, ¶ 7.) During this time, he and other California employees were provided with wage statements that failed to identify Northrop's legal name and address; failed to identify any applicable hourly rates of pay; and failed to state employees' total hours worked accurately when overtime was paid. (Id. at ¶ 19.) B...

Excerpt: ...fore 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, whether certification of the class was proper, and whether the attorney fee award was proper are matte...

Excerpt: ...18.10, which Rogers opposes. I. Factual and Procedural Background According to the First Amended and Supplemental Complaint (“FAC”), Rogers and his business partner Michael Mintz formed iTy in September of 2014 in San Francisco, with the plan to provide workforce management software to companies of all sizes. (FAC, ¶ 12.) Rogers developed the intellectual property that was used in iTy's software “Plause.” (Ibid.) In May of 2015, Rogers p...

Excerpt: ... stay proceedings as to all claims. Factual and Procedural Background This is a putative class and Private Attorneys General Act (“PAGA”) action brought by Plaintiff, on behalf of himself and all others similarly situated, primarily alleging wage and hour violations by Defendants. According to the allegations of the FAC, Plaintiff worked for Defendants as a nonexempt, hourly employee from approximately August 11, 2016 through July 2, 2018. (F...

Excerpt: ..., defendants hired plaintiff Shannon Sanchez as an “Examiner” to conduct medical exams for insurance applications on October 18, 2016. (Second Amended Class Action Complaint (“SAC”), ¶ 7.) She was compensated on a piecerate basis, and was terminated on January 27, 2017. (Id. at ¶¶ 7‐8.) Plaintiff Richa Ahuja has worked for defendants as an Examiner since March of 2016 and is also paid on a piece‐ rate basis. (Id. at ¶ 8.) Plaintif...

Excerpt: ...ndarich's motion. I. Factual and Procedural Background Plaintiff incurred a consumer debt in the form of a credit account issued by WebBank. (Complaint, ¶ 15.) She was unable to pay the debt and defaulted on her payments to WebBank. (Id. at ¶ 16.) The debt was subsequently assigned or otherwise transferred to defendant for collection, and it sent an initial collection letter to plaintiff dated February 9, 2017. (Id. at ¶¶ 17‐21.) The letter...

Excerpt: ...l services to businesses and homeowners throughout the San Francisco Bay Area. Plaintiffs are current and former, non‐exempt employees of defendant who worked as security guards or officers. (Third Amended Complaint (“TAC”), ¶ 20.) Their duties included patrolling premises to which they were assigned, and they typically worked from eight to fourteen hours a day, six days a week. (Ibid.) Plaintiffs allege that they and other employees were ...

Excerpt: ...employment, her wage statements did not identify her accurate total hours worked when she was paid shift premium and shift premium overtime wages. (Ibid.) In addition, plaintiff earned non‐discretionary incentive pay that was not factored into her regular rate of pay for purposes of calculating meal period premiums. (Ibid.) On June 17, 2016, plaintiff filed this action in San Benito County on behalf of two putative classes corresponding to her ...

Excerpt: ...te engineer from 2003 to March 28, 2018, when he was terminated. (Id. at ¶ 8.) He alleges that defendant failed to include all nondiscretionary pay, including shift differential pay such as “Night Diff” wages, in his regular rate of pay for purposes of calculating overtime, and also failed to properly account for such pay on wage statements. (Id. at ¶¶ 20, 29, 36.) Based on these allegations, he asserts class claims for (1) violation of La...

Excerpt: ...nants oppose Preston's motion. I. Factual and Procedural Background Plaintiff filed the original complaint in this action on August 2, 2016, alleging that he was injured when he fell into a hole in the ground on his Sunnyvale worksite on August 6, 2014. He named cross‐complainants Dollinger Properties and Exstra‐Arques LLC among other defendants, but has at no point named Preston as a defendant. Cross‐complainants DP Ventures, LLC and DPM P...

Excerpt: ...s before the continued hearing on plaintiffs' motion for discovery sanctions—which remains pending. Within three hours of the bankruptcy filing, defendants filed a notice of stay in this action, indicating that the case was stayed with regard to all parties as a result of the automatic stay triggered by Newark's bankruptcy. The Court discussed the bankruptcy with the parties at the August 2nd hearing on plaintiffs' motion for sanctions. As stat...

Excerpt: ... motion to seal materials filed in connection with its motions in limine. 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...

Excerpt: ...on employees. Before the Court is plaintiff's motion to lift the stay pending arbitration of the first, second, and eleventh causes of action. Google opposes plaintiff's motion in large part, urging that the stay should be lifted for the limited purpose of finalizing the pleadings but should otherwise remain in place until certain conditions are satisfied. I. Allegations of the Operative Complaint According to the First Amended Complaint (“FAC�...

Excerpt: ...the summons and complaint within three years of the filing of the action as required by Code of Civil Procedure section 583.210. Plaintiffs oppose his motion. I. Allegations of the Operative Complaint and Procedural Background JL Precision is a sheet metal design and manufacturing company located in San Jose. (First Amended Complaint (“FAC”), ¶ 5.) Plaintiffs Ronald Balanag and Javier Graciano were employed by JL as sheet metal printers, pai...

Excerpt: ... Procedural Background Google is a California‐based multinational company that offers web‐based services, including free email accounts for individual users through Gmail. (Consolidated Complaint, ¶ 27.) Plaintiffs are individuals who have never subscribed to Gmail and have never consented to Google intercepting the contents of their emails. (Id. at ¶ 4.) Plaintiffs sent unencrypted emails from their non‐Gmail accounts to Gmail users, whi...

Excerpt: ...r. 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, whether certification of the class was proper, and whether the attorney fee award was proper are ...

Excerpt: ...otion 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 proper are matters addressed to the trial court...

Excerpt: ... 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 proper are matters addressed to the trial court's broad ...

Excerpt: ...roval 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 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 proper are matters addressed to the trial court's broad discretion.�...

Excerpt: ...n against women at the company. Before the Court are nominal defendant Alphabet's motions to seal (1) Exhibit M to the declaration of Kimberly A. Evans filed on May 6, 2019 and (2) a portion of the complaint in the above‐entitled action, filed on April 30, 2019. The motions are unopposed. 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 int...

Excerpt: ...n against women at the company. Before the Court are nominal defendant Alphabet's motions to seal (1) Exhibit M to the declaration of Kimberly A. Evans filed on May 6, 2019 and (2) a portion of the complaint in the above‐entitled action, filed on April 30, 2019. The motions are unopposed. 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 int...

Excerpt: ...otion 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 proper are matters addressed to the trial court...

Excerpt: ...rrectly calculate the regular rate of pay for purposes of paying overtime, by failing to include non‐discretionary compensation such as wage premiums and shift differential pay in the regular rate. (Id. at ¶ 23.) Based on this theory, he brings putative class claims for (1) violations of Labor Code sections 510, 558, and 1194 by failing to pay overtime, (2) violation of Labor Code section 226 by failing to provide accurate itemized wage statem...

Excerpt: ...erative Second Amended Complaint in this action (the “Davis SAC”), plaintiff Thomas Davis alleges that he was employed by defendant as a non‐exempt driver from September 18, 2017 to October 13, 2017. (Davis SAC, ¶ 10.) Pursuant to his written Employment Agreement, plaintiff was to be paid $24 per hour for all hours worked, including training time, and would receive an additional $2.40 per hour when his schedule included a “break time” ...