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...

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: ...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: ... 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: ...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: ...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: ...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: ...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: ..., 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: ...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: ...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: ...“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: ...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: ...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: ...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...