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: ... 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: ...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: ... 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: ...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: ...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: ...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: ...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: ... 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: ...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: ... 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: ... 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: ...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: ...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: ...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: ...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” ...