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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...(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: ... 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...