Excerpt: ...ies in California. (Class Action Complaint, ¶ 8.) Plaintiff worked for defendant as a non‐exempt employee from February 20, 2017 through June 25, 2018. (Id. at ¶ 7.) He alleges that SJBH failed to include non‐discretionary incentive pay in the regular rate of pay for purposes of calculating overtime, and consequently underpaid overtime hours and provided wage statements displaying inaccurate overtime rates. (Id. at ¶ 22.) Based on these al...

Excerpt: ...eter Teti, Mary K. Bush, and Kelly A. Ayotte (collectively, the “Bloom Energy Defendants”) to stay all proceedings in this action in favor of a related federal action. The motion is opposed by plaintiffs. Defendants J.P. Morgan Securities LLC, Morgan Stanley & Co. LLC, Credit Suisse Securities (USA) LLC, KeyBanc Capital Markets Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Cowen and Company, LLC, HSBC Securities (USA) Inc., Oppenh...

Excerpt: ...laint, defendant provides mechanical engineering services in Santa Clara County. (Complaint, ¶ 8.) Plaintiff began his employment with defendant on January 16, 2017. (Id. at ¶ 7.) He alleges that he and other employees received wage statements that failed to list the pay period start date and the correct name of their employer. (Id. at ¶ 22.) Plaintiff also alleges that he experienced race‐based discrimination and harassment during his emplo...

Excerpt: ... and logistics industries and maintains a facility in Santa Clara County. (Complaint, ¶ 8.) Plaintiff has worked for defendant for at least 10 years and is still employed there. (Id. at ¶ 7.) He alleges that he and other employees received wage statements that failed to list the address of the legal entity that employed them and the pay period start date. (Id. at ¶ 22.) Based on these allegations, plaintiff asserts claims for (1) violation of ...

Excerpt: ...corporation engaged in contracting work, including painting and plastering, headquartered in Santa Clara County. (Complaint, ¶ 8.) Plaintiff worked for defendant as a non‐exempt employee and received defective paystubs during his employment. (Id. at ¶ 7.) He alleges that he and other employees received wage statements that failed to identify the name and/or address of their employer. (Id. at ¶ 22.) Based on these allegations, plaintiff asser...

Excerpt: ... action pursuant to a forum selection clause. Plaintiff opposes these motions. The Innogy entities' motion to join in the motion by iTy, Cong, and Hess is GRANTED. I. Allegations of the Operative Complaint 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 si...

Excerpt: ...rt 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 proper, and whether the attorney fee award was proper are matters addres...

Excerpt: ...emary 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. Alternatively, the Cloudera Defendants move to stay discovery until the pleadings are resolved in both this case and the federal action. Plaintiffs oppose the entry of a stay. ...

Excerpt: ... in August 2015. (SAC, ¶ 7.) He was employed by defendants until August 2017. (Ibid.) Plaintiff alleges that he and other employees received wage statements that failed “to identify the correct rates of pay and number of hours worked for incentive overtime wages, … including but not limited to Reg Comm OT and Spiffs OT wage payments.” (Id. at ¶ 16.) Based on these allegations, plaintiff asserts a single claim under PAGA. He dismissed the ...

Excerpt: ... Background As alleged in the FAC, Prager is a non‐profit, 501(c)(3) tax exempt, educational organization that promotes discussion on historical, religious, and current events by disseminating educational videos intended for younger, student‐based audiences between the ages of 13 and 35. (FAC, ¶ 10.) The videos depict scholars, sources, and other prominent speakers who often espouse viewpoints in the mainstream of conservative thought. (Ibid...

Excerpt: ...iled to pay all wages due to employees due to illegal time rounding; failed to pay overtime for all overtime hours worked; failed to pay 7th‐day overtime; violated Labor Code section 552's prohibition on over six consecutive working days per week; failed to provide meal and rest periods; derivatively and independently failed to provide accurate wage statements; and are derivatively liable for penalties pursuant to Labor Code section 203, the Pr...

Excerpt: ...es and costs. I. Factual and Procedural Background As alleged in the operative complaint in the lead action (the First Amended Complaint or “FAC”), defendant Island Hospitality Management, Inc. provided hotel management services to hotels throughout California until December of 2014, when it converted to Island Hospitality Management, LLC. (FAC, ¶¶ 7‐8.) Among the hotels to which defendants have provided services is the Residence Inn by M...

Excerpt: ...aintiff Fernanda Rocha Hawkins'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 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...

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: ...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: ... 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: ...a non‐ exempt employee from April 2015 through December 2017. (SAC, ¶ 11.) She and the other putative class members were hired to provide roadshow staffing in Costco stores. (Ibid.) Plaintiff alleges that both defendants were her employers. (Id. at ¶¶ 11‐18.) She and other putative class members were misclassified as exempt and paid solely by commissions; consequently, they were not paid for all hours worked (including overtime), missed me...

Excerpt: ...on the issue of [its] cure pursuant to Cal. Code of Civ. Proc. § 1008 (b),” and dismissing plaintiff's individual and class claims. Plaintiff filed a “limited” opposition to this second motion, urging that the motion is procedurally improper and/or untimely. 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 defaul...

Excerpt: ...iled to pay all wages due to employees due to illegal time rounding; failed to pay overtime for all overtime hours worked; failed to pay 7th‐day overtime; violated Labor Code section 552's prohibition on over six consecutive working days per week; failed to provide meal and rest periods; derivatively and independently failed to provide accurate wage statements; and are derivatively liable for penalties pursuant to Labor Code section 203, the Pr...

Excerpt: ...f'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 matters addressed to the trial ...

Excerpt: ...anta Clara on October 24, 2017; (2) Sam Moussa v. Fogo de Chao Churrascaria (California), LLC, et al., Case No. BC689391, filed in the Superior Court of California, County of Los Angeles on January 11, 2018; and (3) Faraz Yousefian v. Fogo de Chao Churrascaria California, LLC, et al., Case No. BC709639, filed in the Superior Court of California, County of Los Angeles on June 15, 2018. Defendants' petition is unopposed. I. Legal Standard “Coordi...

Excerpt: ...s 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 matters addressed to ...

Excerpt: ...oval 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 discretion....

Excerpt: ...hat order. Before the Court are plaintiffs' motions for final approval of the settlement and for an award of attorney fees and expenses, which are 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, whether certification of the class was proper, and whether the attorney fee award was proper are matters addressed to the ...

Excerpt: ...hat order. Before the Court are plaintiffs' motions for final approval of the settlement and for an award of attorney fees and expenses, which are 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, whether certification of the class was proper, and whether the attorney fee award was proper are matters addressed to the ...

Excerpt: ...vices including 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...

Excerpt: ...ne of the largest information technology companies in the world, selling products and services on an enterprise level. (Complaint, ¶ 1.) Women make up approximately 1/3 of HPE's employees, filling 81 percent of administrative support jobs, but only 17 percent of technician jobs, 22 percent of sales jobs, and 17 percent of executive/senior/official & manager positions. (Id. at ¶ 3.) HPE does not publish the measures it takes to address the gende...

Excerpt: ... willfully understaffed its facilities, forcing plaintiff and other employees to forgo meal and rest periods. (Id. at ¶ 3.) Moreover, defendant's rest break policy, which stated that employees were not entitled to rest breaks unless they had worked for at least 4 hours, was illegal on its face. (Id. at ¶ 5.) Finally, defendant required plaintiff and other employees to wear branded uniforms, but provided only two uniforms to each employee, so th...

Excerpt: ...mitted the misappropriation and other wrongdoing alleged by Agilent, and seeking to hold Agilent liable for defamation, intentional interference with prospective economic advantage, and unfair competition based on its public statements about this litigation preceding Twist's initial public offering and its attempts to enforce employment contract provisions that Twist contends are invalid. Agilent filed a special motion to strike the crosscomplain...

Excerpt: ...2017, plaintiff worked for defendant as a security guard/officer and was paid on an hourly basis as a non‐exempt employee. (Second Amended Complaint, ¶ 6.) Plaintiff alleges that Inter‐Con failed to pay him and other security guards/officers on a weekly basis as required of “temporary services employers” by Labor Code section 201.3. (Id. at ¶ 16.) Based on these allegations, he asserts a single cause of action under PAGA. In 2018, Inter...

Excerpt: ...y of 2017. (Complaint, ¶ 8.) She alleged that SIS failed to compensate her and other putative class members for time spent cleaning and maintaining their uniforms and associated expenses, and issued their final wages in the form of an ATM card that triggered fees upon use, was not fully cashable, and could not be used at all financial institutions. (Id. at ¶ 18.) Based on these allegations, plaintiff brought claims for (1) violation of Labor Co...

Excerpt: ...nt accordingly. Isaacson now brings a motion for reconsideration of the May 2nd order and a motion for leave to intervene. The motion for reconsideration is opposed by both AFOP and plaintiff Stephen Bushansky, while the motion for leave to intervene is unopposed. I. Motion for Reconsideration In his motion for reconsideration, Isaacson contends that the Court's “reduction in the award of attorneys' fees” to class counsel in the May 2nd order...

Excerpt: ...d overtime wages, her wage statements failed to identify the accurate rates of overtime pay and the accurate total hours worked as required by the Labor Code. (Ibid.) Based on these allegations, plaintiff brings a putative class claim under Labor Code section 226 and a representative claim under the Private Attorneys General Act (“PAGA”). Plaintiff now moves to certify the alleged class of “all current and former California non‐ exempt em...

Excerpt: ...��FEHA”) on behalf of Asian job applicants. Plaintiffs oppose both motions. I. Factual and Procedural Background Plaintiffs James Damore, David Gudeman, Stephen McPherson, and Michael Burns are former Google employees and job applicants Google did not hire. (First Amended Complaint (“FAC”), ¶¶ 12‐16.) They allege that Google employees who expressed views deviating from the majority of their colleagues on political subjects raised in the...

Excerpt: ...lace as a non‐exempt retail store employee. (SAC, ¶ 7.) After his work shifts and when leaving the store for his meal break, plaintiff was required to clock out. (Ibid.) He was then required to wait to be “checked” and/or patted down by a supervisor/manager before being released from work. (Ibid.) This time was not compensated and resulted in plaintiff routinely receiving less than 30 minutes for his meal breaks. (Ibid.) Based on these all...

Excerpt: ...C is a Michigan corporation engaged in the business of collecting defaulted consumer debts in California. (Complaint, ¶ 11.) Defendants David Edward Cairnduff and James Matthew Hresko are Michigan residents who plaintiff alleges are employees, agents, officers, and/or directors of MMCC and are themselves “third‐ party debt collectors” under the RFDCPA. (Id. at ¶¶ 12‐13.) Plaintiff alleges that defendants routinely send initial written ...

Excerpt: ... to amend, based on failure to plead demand futility. Plaintiff John Krawczyk, II filed a notice of appeal, while the other plaintiffs did not. Apple filed a memorandum of costs on December 27, 2018. Pursuant to a stipulated order, it filed an amended memorandum of costs on January 16, 2019. At issue are separate motions to strike or tax costs by plaintiffs Krawczyk and The Police Retirement System of St. Louis (“St. Louis Police”), which are...

Excerpt: ...lephone services. (Compl., ¶¶8‐9.) The UUT is automatically charged to City taxpayers each month by cellular phone 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, five federal appellate courts held the federal ...

Excerpt: ...officers and directors of Alphabet, Inc., the parent company of Google LLC, breached their fiduciary duties and committed other misconduct in connection with multi‐million‐dollar severance awards to male executives accused of assaulting female employees, amid a broader culture of discrimination against women at the company.1 Before the Court are three competing motions to consolidate the actions and appoint lead plaintiffs and lead counsel. T...

Excerpt: ... 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 discre...

Excerpt: ...fs' motion and seek monetary sanctions against plaintiffs. I. Factual and Procedural Background According to the operative First Amended Complaint (“FAC”), the “Defendant LLCs” owned, operated, and managed at least 11 massage establishments and hired massage therapists as full‐time, non‐exempt employees. (FAC, ¶¶ 5, 29.) Six of the Defendant LLCs remain active. (FAC, ¶ 6.) Individual defendants Chiu Hung Lam and Wah Yiu Lee created...

Excerpt: ...earned by employees. (Complaint, ¶¶ 19‐ 20.) This practice caused employees to experience confusion over whether they received all wages owed to them and suffer difficulty and expense in reconstructing pay records and making mathematical computations to analyze whether they had been paid correctly. (Id. at ¶ 22.) Based on these allegations, plaintiff filed this action on behalf of a putative class of non‐exempt employees on October 5, 2017...

Excerpt: ...e 2.550(d) [stating that the court must make the following express factual findings before granting leave to file records under seal: (1) an overriding interest overcomes the public's presumptive right of access to court records, (2) that interest supports sealing the records, (3) a substantial probability exists that the overriding interest will be prejudiced if the records are not sealed, (4) the proposed sealing is narrowly tailored, and (5) n...

Excerpt: ...pacity. (Complaint, ¶ 8.) Like other employees, plaintiff was required to routinely work overtime hours and was paid overtime wages. (Id. at ¶ 23.) He also earned non‐discretionary remuneration in the form of shift differential pay, which was not factored into his regular rate of pay for purposes of paying overtime. (Ibid.) Consequently, plaintiff's overtime wages were underpaid, and his wage statements were inaccurate as a result. (Ibid.) Hi...

Excerpt: ...n San Jose. (First Amended Class Action Complaint (“FAC”), ¶ 8.) Her employment ended on December 3, 2017. (Ibid.) She alleges that defendants failed to pay employees minimum wages for all hours worked, failed to pay minimum wages for missed meal and rest periods, and failed to provide accurate itemized wage statements. (Id. at ¶ 20.) Plaintiff, for example, was paid $9.10 per hour although the minimum wage became $10.50 per hour on January...

Excerpt: ...nal approval of the settlement and for approval of their attorney fees, costs, and service awards. Plaintiffs' 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 award was proper are matters addressed to the trial court's broa...

Excerpt: ...5. (SAC, ¶ 7.) He was employed by defendants until August 2017. (Ibid.) Plaintiff alleges that he and other employees received wage statements that failed “to identify the correct rates of pay and number of hours worked for incentive overtime wages, … including but not limited to Reg Comm OT and Spiffs OT wage payments.” (Id. at ¶ 16.) Based on these allegations, plaintiff asserts a single claim under PAGA. II. Request for Judicial Notice...

Excerpt: ...manufactures thin film equipment used to make electronic devices including light emitting diodes (“LED”s), micro‐electromechanical systems (“MEMS”), wireless devices, power electronics, hard disk drives, and semiconductor devices. (Consolidated Complaint, ¶ 7.) Its products are sold to semiconductor and advanced packaging device manufacturers. (Ibid.) Ultratech is a recognized leader of lithography products for advanced packaging appli...

Excerpt: ...ich retailed for $649.99 to $849.99 at the time it was initially sold. (First Amended Complaint (“FAC”), ¶¶ 12‐15.) Like all iPhones, the iPhone 4S ran on Apple's iOS operating system. (Id. at ¶ 17.) When the iPhone 4S was released, it operated on version 5 of iOS. (Ibid.) In the operative FAC, Apple upgraded iPhone 4S devices in the hands of consumers first to iOS 6 and then to iOS 7. (FAC, ¶ 22.) When these new versions of iOS were in...

Excerpt: ...intiffs oppose the motion. I. Allegations of the Operative Complaint Plaintiffs are breast cancer survivors who were prescribed and injected with Taxotere, a brand of the drug docetaxel. (Complaint, ¶ 1.) They allege that, although lower potency alternatives had been available for years, defendants misleadingly promoted Taxotere as having superior efficacy. (Ibid.) In fact, Taxotere's increased potency only makes it more toxic than alternatives ...

Excerpt: ...ntiff'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 award was proper are matters addressed to the...

Excerpt: ...He alleges that defendant failed to provide meal periods and failed to pay overtime due to time rounding and excluding non‐discretionary remuneration from the regular rate of pay. Based on these allegations, plaintiff asserts claims for (1) violation of Labor Code section 226.7 regarding meal periods, (2) violation of Labor Code sections 510, 558, and 1194 by failing to pay overtime, (3) violation of Labor Code section 226 by failing to provide...

Excerpt: ...edit 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 notified plaintiff of her specific debt in 12‐point type, but, in violation of Civil Code section 1812.701...

Excerpt: ... meet and confer declaration as required by Code of Civil Procedure section 430.41, subdivision (a). While the Court will overlook this deficiency in the interest of moving the case forward, Apple is reminded to comply with the Code of Civil Procedure in the future. I. Allegations of the Operative Complaint Plaintiff resides in Santa Cruz and purchased a 64GB Wifi‐enabled iPad mini 4 on October 26, 2015. (FAC, ¶¶ 4‐5.) He alleges that after...

Excerpt: ...aint As alleged in the operative complaint, defendants own and operate facilities that provide catering and café management services in California. (Class Action Complaint, ¶ 36.) Cosmopolitan is a Silicon Valley‐based full‐service catering and café management company (id. at ¶¶ 38‐39), while LGC is a national staffing agency in the fields of hospitality management, hotel management, and restaurant management (id. at ¶¶ 40‐41). Pla...

Excerpt: ...lass Action Complaint, ¶ 8.) Plaintiff is one of these employees, and has worked for Apple from 2014 to the present. (See id. at ¶ 7.) She alleges that Apple has a policy and practice of failing to provide nonexempt retail employees with a 30‐minute meal period within the first five hours of their shifts and failing to pay the resulting meal period premiums when due. (Id. at ¶ 1.) Specifically, although employees must clock in and out for th...

Excerpt: ...ployees working at Zara's California retail locations as head cashiers, floor supervisors, assistant managers, and department managers. (Id. at ¶ 1.) They allege that, while they were classified as exempt employees by Zara, they spent at least half and often much more of their time performing duties of non‐exempt employees. (Id. at ¶¶ 2, 24.) Their claims are limited to the period ending on November 26, 2016, when Zara began paying overtime ...

Excerpt: ...ive Complaint As alleged in the operative complaint, defendant provides transportation services to clients in California, particularly in the Bay Area. (First Amended Class and Representative Action Complaint (“FAC”), ¶ 8.) Plaintiff was employed by defendant as a driver from April 2016 to August 2017 as a non‐exempt employee. (Ibid.) She alleges that defendant failed to provide legally compliant rest breaks and failed to reimburse employe...

Excerpt: ...(Second Amended Complaint, ¶ 6.) During his employment, plaintiff was paid on an hourly basis as a non‐exempt employee. (Ibid.) Plaintiff alleges that Inter‐Con failed to pay security guards/officers on a weekly basis as required by Labor Code section 201.3. (Id. at ¶ 16.) Based on these allegations, plaintiff asserts a single cause of action under PAGA. II. Discovery Dispute and Relevant Procedural History On November 6, 2017, plaintiff se...

Excerpt: ...es Driver charged with delivering products to and on behalf of its customers in and around Santa Clara County from 2016 to January 2017. (Id. at ¶ 20.) He alleges that UniFund failed to pay him and other Route Sales Drivers for all time worked, and also failed to provide them with compliant meal and rest breaks. (Id. at ¶¶ 21‐31.) Based on these allegations, plaintiff asserts class claims for (1) unpaid overtime in violation of Labor Code se...

Excerpt: ...ass Action Complaint, ¶ 9.) In April 2016, it hired plaintiff to perform medical exams for various insurance applications. (Id. at ¶ 7.) She was compensated on a piece‐rate basis. (Ibid.) Plaintiff alleges that Examination Management did not pay her and other putative class members for time spent working on non‐piece‐rate tasks. (Id. at ¶ 23.) She also alleges that class members did not receive compliant meal and rest breaks and were not...

Excerpt: ...sidential customers in unincorporated Santa Clara County. (FAC, ¶ 1.) TVI is regulated by the California Public Utilities Commission and the State Water Resources Control Board, Division of Drinking Water (“DDW”). (Id. at ¶ 2.) On January 11, 2018—after this action was filed—DDW applied for the appointment of a receiver to take control of the TVI water system (the “System”), stating that Havens “is unable or unwilling to address T...

Excerpt: ...sition to defendant's motion for fees and costs, is GRANTED. (Evid. Code, § 452, subd. (d).) I. Factual and Procedural Background According to the operative complaint, Quality provides caregivers for people who are disabled or have special needs. (Complaint, ¶ 13.) Plaintiff worked for defendant as a caregiver from June 2012 to June 27, 2015. (Ibid.) She last earned $10.30 an hour and alleges that her position was non‐exempt. (Ibid.) Plaintif...

Excerpt: ...erative Complaint and Procedural Background Defendant 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 defendant as sheet metal printers, painters, and hardware operators at different periods during their employment. (Id. at ¶¶ 11‐12.) Plaintiffs allege that they and other nonexempt employees routinely worked witho...

Excerpt: ...7‐2018‐00040481‐CU‐OE‐ CTL) and (2) Gonzales v. Flagship Facility Services, Inc. (Super. Ct. Santa Clara County, No. 17‐CV‐ 316313). The parties oppose the motions to intervene, and Ceron (but not Gonzales) continues to oppose the motion for preliminary approval. I. Factual and Procedural Background Flagship provides janitorial services to clients throughout California. (Complaint, ¶ 9.) Plaintiff alleges that on or about September...

Excerpt: ...Complaint Defendant is headquartered in Milpitas and engages in wholesale food sales and distribution throughout California. (Class Action Complaint, ¶ 4.) Plaintiff alleges that defendant has employed hundreds of individuals in positions that are nonexempt from the payment of minimum and overtime wages, but paid these individuals a set salary regardless of hours worked. (Id. at ¶¶ 5, 15.) He alleges that defendant also “shaved” hours and ...

Excerpt: ...Complaint Defendant is headquartered in Milpitas and engages in wholesale food sales and distribution throughout California. (Class Action Complaint, ¶ 4.) Plaintiff alleges that defendant has employed hundreds of individuals in positions that are nonexempt from the payment of minimum and overtime wages, but paid these individuals a set salary regardless of hours worked. (Id. at ¶¶ 5, 15.) He alleges that defendant also “shaved” hours and ...

Excerpt: ...erative Complaint and Procedural Background Defendant 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 defendant as sheet metal printers, painters, and hardware operators at different periods during their employment. (Id. at ¶¶ 11‐12.) Plaintiffs allege that they and other nonexempt employees routinely worked witho...

Excerpt: ...7‐2018‐00040481‐CU‐OE‐ CTL) and (2) Gonzales v. Flagship Facility Services, Inc. (Super. Ct. Santa Clara County, No. 17‐CV‐ 316313). The parties oppose the motions to intervene, and Ceron (but not Gonzales) continues to oppose the motion for preliminary approval. I. Factual and Procedural Background Flagship provides janitorial services to clients throughout California. (Complaint, ¶ 9.) Plaintiff alleges that on or about September...

Excerpt: ...ployed by defendant as a non‐exempt certified nurse assistant at its facilities and offices in San Jose. (Complaint, ¶ 2.) She alleges that defendant required her and other nurse assistants to perform off‐the‐clock work before and after their shifts, and rounded their time to the nearest quarter hour, to employees' detriment. (Id. at ¶ 3.) Plaintiff and putative class members also were not provided with the opportunity to take timely, uni...

Excerpt: ... in intravascular robotics, developing products and technology designed to enable the accurate positioning, manipulation, and control of catheters and catheter‐based technologies. (Consolidated Amended Complaint for Breach of Fiduciary Duty and Violations of State Law (“Amended Complaint”), ¶¶ 56‐57.) On July 27, 2016, Auris and its subsidiary acquired Hansen for $4.00 per share in an all‐cash transaction valued at approximately $80 m...

Excerpt: ...n the lead action (the First Amended Complaint or “FAC”), defendant Island Hospitality Management, Inc. provided hotel management services to hotels throughout California until December of 2014, when it converted to Island Hospitality Management, LLC. (FAC, ¶¶ 7‐8.) Among the hotels to which defendants have provided services is the Residence Inn by Marriott in San Jose. (Ibid.) Plaintiff Charmie Ruffy worked for defendants in San Jose as ...

Excerpt: ...s paid at a rate of $9.00 per hour during his employment in 2017, while the applicable minimum wage was $10.50 per hour as of January 1st of that year. (Id. at ¶ 24.) In addition, plaintiff alleges that non‐discretionary commission pay was not included in his regular rate of pay for purposes of calculating his overtime compensation. (Ibid.) Based on these allegations, plaintiff brings class claims for (1) failure to pay minimum wages in violat...

Excerpt: ... browse and download Android Apps published by both Google and third‐party developers. (Complaint, ¶¶ 20‐ 22.) Through the Google Play Store, defendant offers digital products including songs, movies, television shows, and periodicals through paid subscriptions that are automatically renewed at the end of a definite term for a subsequent term or that continue until the consumer cancels (“In‐App subscriptions”). (Id. at ¶ 23.) To make...

Excerpt: ... browse and download Android Apps published by both Google and third‐party developers. (Complaint, ¶¶ 20‐ 22.) Through the Google Play Store, defendant offers digital products including songs, movies, television shows, and periodicals through paid subscriptions that are automatically renewed at the end of a definite term for a subsequent term or that continue until the consumer cancels (“In‐App subscriptions”). (Id. at ¶ 23.) To make...

Excerpt: ...n the lead action (the First Amended Complaint or “FAC”), defendant Island Hospitality Management, Inc. provided hotel management services to hotels throughout California until December of 2014, when it converted to Island Hospitality Management, LLC. (FAC, ¶¶ 7‐8.) Among the hotels to which defendants have provided services is the Residence Inn by Marriott in San Jose. (Ibid.) Plaintiff Charmie Ruffy worked for defendants in San Jose as ...

Excerpt: ...s paid at a rate of $9.00 per hour during his employment in 2017, while the applicable minimum wage was $10.50 per hour as of January 1st of that year. (Id. at ¶ 24.) In addition, plaintiff alleges that non‐discretionary commission pay was not included in his regular rate of pay for purposes of calculating his overtime compensation. (Ibid.) Based on these allegations, plaintiff brings class claims for (1) failure to pay minimum wages in violat...

Excerpt: ... browse and download Android Apps published by both Google and third‐party developers. (Complaint, ¶¶ 20‐ 22.) Through the Google Play Store, defendant offers digital products including songs, movies, television shows, and periodicals through paid subscriptions that are automatically renewed at the end of a definite term for a subsequent term or that continue until the consumer cancels (“In‐App subscriptions”). (Id. at ¶ 23.) To make...

Excerpt: ...n the lead action (the First Amended Complaint or “FAC”), defendant Island Hospitality Management, Inc. provided hotel management services to hotels throughout California until December of 2014, when it converted to Island Hospitality Management, LLC. (FAC, ¶¶ 7‐8.) Among the hotels to which defendants have provided services is the Residence Inn by Marriott in San Jose. (Ibid.) Plaintiff Charmie Ruffy worked for defendants in San Jose as ...

Excerpt: ...s paid at a rate of $9.00 per hour during his employment in 2017, while the applicable minimum wage was $10.50 per hour as of January 1st of that year. (Id. at ¶ 24.) In addition, plaintiff alleges that non‐discretionary commission pay was not included in his regular rate of pay for purposes of calculating his overtime compensation. (Ibid.) Based on these allegations, plaintiff brings class claims for (1) failure to pay minimum wages in violat...

Excerpt: ... browse and download Android Apps published by both Google and third‐party developers. (Complaint, ¶¶ 20‐ 22.) Through the Google Play Store, defendant offers digital products including songs, movies, television shows, and periodicals through paid subscriptions that are automatically renewed at the end of a definite term for a subsequent term or that continue until the consumer cancels (“In‐App subscriptions”). (Id. at ¶ 23.) To make...

Excerpt: ...n the lead action (the First Amended Complaint or “FAC”), defendant Island Hospitality Management, Inc. provided hotel management services to hotels throughout California until December of 2014, when it converted to Island Hospitality Management, LLC. (FAC, ¶¶ 7‐8.) Among the hotels to which defendants have provided services is the Residence Inn by Marriott in San Jose. (Ibid.) Plaintiff Charmie Ruffy worked for defendants in San Jose as ...

Excerpt: ...s paid at a rate of $9.00 per hour during his employment in 2017, while the applicable minimum wage was $10.50 per hour as of January 1st of that year. (Id. at ¶ 24.) In addition, plaintiff alleges that non‐discretionary commission pay was not included in his regular rate of pay for purposes of calculating his overtime compensation. (Ibid.) Based on these allegations, plaintiff brings class claims for (1) failure to pay minimum wages in violat...

Excerpt: ... browse and download Android Apps published by both Google and third‐party developers. (Complaint, ¶¶ 20‐ 22.) Through the Google Play Store, defendant offers digital products including songs, movies, television shows, and periodicals through paid subscriptions that are automatically renewed at the end of a definite term for a subsequent term or that continue until the consumer cancels (“In‐App subscriptions”). (Id. at ¶ 23.) To make...

Excerpt: ...n the lead action (the First Amended Complaint or “FAC”), defendant Island Hospitality Management, Inc. provided hotel management services to hotels throughout California until December of 2014, when it converted to Island Hospitality Management, LLC. (FAC, ¶¶ 7‐8.) Among the hotels to which defendants have provided services is the Residence Inn by Marriott in San Jose. (Ibid.) Plaintiff Charmie Ruffy worked for defendants in San Jose as ...

Excerpt: ...s paid at a rate of $9.00 per hour during his employment in 2017, while the applicable minimum wage was $10.50 per hour as of January 1st of that year. (Id. at ¶ 24.) In addition, plaintiff alleges that non‐discretionary commission pay was not included in his regular rate of pay for purposes of calculating his overtime compensation. (Ibid.) Based on these allegations, plaintiff brings class claims for (1) failure to pay minimum wages in violat...

Excerpt: ...as paid on an hourly basis as a non‐exempt employee. (Ibid.) Plaintiff alleges that Inter‐Con failed to pay security guards/officers on a weekly basis as required of “temporary services employers” by Labor Code section 201.3. (Id. at ¶ 16.) Based on these allegations, he asserts a single cause of action under PAGA. II. Requests for Judicial Notice Defendant's request for judicial notice of legislative history materials related to section...

Excerpt: ...endants have not joined their motion and indicate that they will oppose plaintiffs' attorney fee request at the appropriate time. I. Factual and Procedural Background Headquartered in Sunnyvale, California, AFOP was a Delaware corporation that produced fiber optic components and integrated modules for communications equipment. (First Amended Complaint in Bushansky, Case No. 16‐CV‐294245 (“FAC”), ¶¶ 2, 11.) On April 7, 2016, the company ...

Excerpt: .... All three motions are opposed. I. Allegations of the Operative Complaint From March 3, 2015 to May 19, 2017, plaintiff worked for defendant as a security guard/officer. (Second Amended Complaint, ¶ 6.) During his employment, plaintiff was paid on an hourly basis as a non‐exempt employee. (Ibid.) Plaintiff alleges that Inter‐Con failed to pay security guards/officers on a weekly basis as required by Labor Code section 201.3. (Id. at ¶ 16.)...

Excerpt: ...round According to the operative First Amended Complaint (“FAC”), the “Defendant LLCs” owned, operated, and managed at least 11 massage establishments and hired massage therapists as full‐time, non‐exempt employees. (FAC, ¶¶ 5, 29.) Six of the Defendant LLCs remain active. (FAC, ¶ 6.) Individual defendants Chiu Hung Lam and Wah Yiu Lee created the Defendant LLCs for purposes of evading individual liabilities and they are the member...

Excerpt: ...egations of the Operative Complaint Defendant Merchants & Medical Credit Corporation, Inc. (“MMCC”) is a Michigan corporation engaged in the business of collecting defaulted consumer debts in California. (Complaint, ¶ 11.) Defendants Cairnduff and Hresko are Michigan residents who plaintiff alleges are employees, agents, officers, and/or directors of MMCC and are themselves “thirdparty debt collectors” under the RFDCPA. (Id. at ¶¶ 12�...

Excerpt: ...ly reflect their pay period start dates. (Id. at ¶ 23.) Plaintiff also suffered an on‐the‐job injury on February 2, 2016. (Id. at ¶ 39.) He alleges that defendant terminated him without making any attempt to accommodate his resulting disability. (Id. at ¶¶ 39‐44.) On December 21, 2016, plaintiff filed this action, asserting class claims for (1) violation of Labor Code section 226 and (2) penalties under the Private Attorneys General Act...

Excerpt: ...Plaintiff began working for defendant as an hourly employee on September 16, 2015, but was not provided with accurate itemized wage statements. (Id. at ¶ 8.) For example, wages identified as “Shift Reg 10” were paid at the rate of $17.32 per hour and overtime hours identified as “Shift O/T 3” were paid at $25.99 per hour, but wage statements reflected that both types of wages were paid at $15.75 per hour. (Ibid.) Plaintiff alleges that o...

Excerpt: ...proval of his attorney fees, costs, and enhancement 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, 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.” (Wershba v. Apple Computer, Inc...

Excerpt: ... Background According to the operative Second Amended Complaint (“SAC”), defendant advertised its Apple TV 2.0 and 3.0 products as having “HD” or high definition capabilities, when in fact the devices' performance did not meet the industry‐accepted definition of HD, developed by the Advanced Television Systems Committee (“ATSC”). Specifically, Apple did not disclose that Apple TV 2.0 “only supported the H.264 codec with a Main Pro...

Excerpt: ...p Subscriptions with Apple, and Apple both delivers and charges subscribers for associated content. (TAC, ¶ 21.) However, Apple does so without complying with various provisions of Business & Professions Code sections 17600‐ 17604, which govern automatic renewal and continuous service offers to consumers in California (the “Automatic Renewal Law” or “ARL”). In order to make purchases from Apple's online store, consumers are first requi...

Excerpt: ...that order. Plaintiffs now move for final approval of the settlement and approval of their attorney fees, costs, and enhancement awards. Their motion is unopposed. I. Legal Standard for Approving a Derivative Settlement “A court reviewing a settlement agreement considers whether the proposed settlement is fair and reasonable in light of all relevant factors. [Citations.] A court reviews the settlement of a derivative suit as a means of protecti...

Excerpt: ...es paramedical examination services in the State of California, and A.P.P.S. of California is a related entity. (Class Action Complaint, ¶¶ 9‐10.) In October 2015, defendants hired plaintiff as a Medical Examiner to conduct medical exams for life insurance applications. (Id. at ¶ 7.) Plaintiff was classified as an independent contractor and compensated on a piece‐rate basis for her work. (Ibid.) She alleges that she and other members of th...

Excerpt: ...l his termination on August 7, 2017, and was a Senior Software Engineer at its Mountain View campus. (First Amended Complaint (“FAC”), ¶ 12.) Plaintiff David Gudeman was also a Software Engineer at Google from 2013 until his termination in December 2016. (Id. at ¶ 13.) Plaintiff Manuel Amador worked for Google in San Francisco beginning in 2013, then transferred to its Zurich, Switzerland offices. (Id. at ¶ 14.) He unsuccessfully reapplied...

Excerpt: ...ust 15, 2016 to February 20, 2017. (Id. at ¶ 4.) He alleges that his wage statements failed to specify the hourly rates and number of hours worked for the “Premium Pay‐Hourly,” which was listed as a lump sum. (Id. at ¶ 17.) Plaintiff filed this action on May 11, 2017, asserting claims for (1) violation of Labor Code section 226 and (2) penalties under the Private Attorneys General Act (“PAGA”). The parties have reached a settlement. P...