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Location: Santa Clara x
Judge: Zayner, Theodore C x
2024.03.27 Motion to Seal Portions of Demurrer 055
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.03.27
Excerpt: ... (“Cypress”) agreed that KFEI would serve as a nonexclusive distributor of Cypress products to Japanese companies and their affiliates. On November 25, 2019, KFEI filed a complaint against Cypress, alleging claims for: (1) Breach of Contract; and (2) Breach of the Covenant of Good Faith and Fair Dealing. On September 10, 2021, KFEI filed a First Amended Complaint against Cypress, which set forth the following causes of action: (1) Breach of...
2024.03.27 Motion to Seal Certain Exhibits 879
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.03.27
Excerpt: ...Plaintiff”). Plai ntiff's original Complaint, filed on September 30, 2019, set forth the following causes of action: (1) Breach of Contract; (2) Breach of the Implied Covenant of Good Faith and Fair Dealing; (3) Intentional Misrepresentation; (4) Promise Without Intent to P erform; (5) Fraudulent Omission; (6) Breach of Fiduciary Duty; (7) Quasi -Contract Based on Unjust Enrichment; (8) Violation of California Bus. & Prof. Code § 17200; (9) I...
2024.03.27 Motion for Preliminary Approval of Class and Representative Action Settlement 427
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.03.27
Excerpt: ...h the following causes of action: (1) Violation of Cal. Labor Code §§ 510 and 1198 (Unpaid Overtime); (2) Violation of Cal. Labor Code §§ 226.7 and 512(a) (Unpaid Meal Period Premiums); (3) Violation of Cal. Labor Code § 226.7 (Unpaid Rest Period Premiums); (4) Violation of Cal. Labor Code §§ 1194, 1197 and 1197.1 (Unpaid Minimum Wages); (5) Violation of Cal. Labor Code §§ 201, 202 and 203 (Final Wages Not Timely Paid); (6) Violation of ...
2024.03.27 Motion for Final Approval of Settlement 153
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.03.27
Excerpt: ...��), filed on Nove mber 4, 2021, sets forth the following causes of action: (1) Failure to Reimburse Business Expenses (Labor Code § 2802); (2) UCL Violations (Cal. Bus. & Prof. Code §§ 17200 -17204); and (3) PAGA Penalties (Labor Code § 2698 et seq.). The parties have reache d a settlement. Plaintiff Valerie Boyer (“Plaintiff”) moved for preliminary approval of the settlement. On August 30, 2023, the court continued the motion for preli...
2024.03.27 Demurrer 066
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.03.27
Excerpt: ... causes of action: (1) V iolations of Unfair Competition Law (Cal. Bus & Prof. Code §§ 17200, et seq.) (“UCL”); and (2) Violations of California Consumers Legal Remedies Act (Cal. Civ. Code §§ 1750, et seq.) (“CLRA”). In the Complaint, Plaintiff alleges Defendant unlawfully charg ed him 20 cents for recycled grocery bags when he used his WICs Electronic Benefit Transfer card (“EBT”) or voucher to purchase groceries, in violation ...
2024.03.20 Motion to Compel Further Responses, for Monetary Sanctions 538
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.03.20
Excerpt: ... (1) Violation of 15 U.S.C. §§ 1681b(b)(2)(A) (Fair Credit Reporting Act); (2) Violation of 15 U.S.C. §§ 1681d(a)(1) and 1681g(c) (Fair Credit Reporting Act); (3) Violation of California Civil Code § 1786 et seq. (Investigative Consumer Reporting Agencies Act); (4) Violation o f California Civil Code § 1785 et seq. (Consumer Credit Reporting Agencies Act); (5) Failure to Provide Meal Periods (Lab. Code §§ 204, 223, 226.7, 512 and 1198); (...
2024.03.20 Motion to Compel Further Responses 365
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.03.20
Excerpt: ...sets forth the following causes of action: (1) Failure to Pay Minimum Wages; (2) Failure to Pay Overtime Wages; (3) Failure to Provide Meal Periods; (4) Failure to Permit Rest Breaks; (5) Failure to Reimburse Business Expenses; (6) Failure to Provide Accurate Itemized Wage State ments; (7) Failure to Pay Wages Timely During Employment; (8) Failure to Pay All Wages Due Upon Separation of Employment (9) Violation of Business and Professions Code §...
2024.03.20 Motion for Preliminary Approval of Class Action Settlement 833
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.03.20
Excerpt: ...; and (2) David Hernandez v. Burdick Painting (Santa Clara County Superior Court, Case No. 20CV366446) (“Second Action”). Both cases are putative class actions arising out of alleged wage and hour violations. The Class Action Complaint filed in the First Action on Febr uary 21, 2020, sets forth the following causes of action: (1) Failure to Pay All Wages; (2) Failure to Pay Reporting Time Pay in Violation of California Labor Code §§ 218, 1...
2024.03.20 Motion for Preliminary Approval of Class Action Settlement 401
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.03.20
Excerpt: ...4401) (“F irst Action”); and (2) Kenneth Nguyen v. Port Plastics, Inc. (Santa Clara County Superior Court, Case No. 22CV394403) (“Second Action”). The Representative Action Complaint filed in the First Action on February 15, 2022, set forth a single cause of action for Civil Penalties Pursuant to Labor Code §§ 2699, et seq. (“PAGA”) based on underlying wage and hour violations. The Class Action Complaint filed in the Second Action...
2024.03.20 Motion for Default Judgment 317
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.03.20
Excerpt: ...nder Labor Code §§ 26 98 et seq. (“PAGA”). On November 30, 2022, the court entered an Order Deeming Case Complex and Staying Discovery and Responsive Pleading Deadline. On December 5, 2022, Plaintiff filed a Proof of Service of Summons, stating that the summons and complaint was served on Defendant's registered agent on December 2, 2022. The minute order from a Case Management Conference on April 19, 2023, states that the court lifts the s...
2024.03.13 Motion for Protective Order 666
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.03.13
Excerpt: ...n February 18, 2020, sets forth the following causes of action: (1) Failure to Pay All Hours Worked; (2) Failure to Pay All Overtime Hours; (3) Meal Period Violations; (4) Rest Period Violations; (5) Failure to Reimburse Business Expenses; (6) Wage Statement Violations; (7) Waiting Time Penalties; (8) Private Attorney General Act; and (9) Unfair Competition in Violation of Cal. Business and Professions Code § 17200, et seq. On April 22, 2022, Pl...
2024.03.13 Motion to Approve PAGA Settlement 701
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.03.13
Excerpt: ...ivil Penalties for Violations of California Labor Code, Pursuant to PAGA, §§ 2698, et seq. (“PAGA”). The parties reached a settlement of the PAGA claim. Plaintiff moved for approval of the PAGA settlement. The motion was unopposed. On February 7, 2024, the court continu ed the motion for approval of the PAGA settlement to March 13, 2024. The court explained that it had multiple concerns regarding the fairness of the settlement. First, the l...
2024.03.13 Motion to Approve PAGA Settlement 999
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.03.13
Excerpt: ... Under the Pri vate Attorneys General Act (“PAGA”). Plaintiff alleges that defendant Facility Masters, Inc. (“Defendant”) had an unlawful rounding policy, failed to compensate employees for “off the clock” time, failed to compensate employees when they worked through me al periods, failed to accurately calculate employees' regular rate of pay, failed to provide employees with accurate and complete itemized wage statements, failed to k...
2024.03.13 Motion to be Relieved as Counsel 663
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.03.13
Excerpt: ..., 2022, sets f orth the following causes of action: (1) Willful Misclassification of Employees as Independent Contractors; (2) Failure to Provide Required Meal Periods; (3) Failure to Provide Required Rest Breaks; (4) Failure to Pay Overtime Wages; (5) Failure to Pay Min imum Wages; (6) Failure to Pay Timely Wages; (7) Failure to Pay All Wages Due to Discharged and Quitting Employees; (8) Failure to Maintain Required Records; (9) Failure to Furn...
2024.03.13 Motion to Seal 785
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.03.13
Excerpt: ...license Old DivX's codec software. (Complaint, ¶ 1.) In 2013, Plaintiff and Old DivX allegedly amended the contract so Plaintiff could purchase a perpetual license to the Old DivX decoder software. (Id. at ¶ 2.) Plaintiff subsequently paid the perpetual license fee. (I bid.) Plaintiff alleges that it continued using, and reporting its use of, the perpetually licensed Old DivX software for the next eight years without any issues or disputes. (Co...
2024.03.06 Motion to Remand 292
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.03.06
Excerpt: ...rmation with Meta Platforms, Inc., without class members' knowledge or consent. The Complaint, filed by plaintiff Indigo Spalinger (“Plaintiff”) on February 28, 2023, sets forth the following causes of action: (1) Violation of the California Invasion of Privacy Act, Cal. P enal Code § 631; (2) Violation of the California Confidentiality of Medical Information Act, Cal. Civ. Code § 56.10; and (3) Invasion of Privacy Under California's Cons...
2024.03.06 Motion for Preliminary Approval of Amended Settlement 771
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.03.06
Excerpt: ... filed the operati ve First Amended Complaint (“FAC”) against defendants Grocery Delivery EServices USA, Inc. and Insperity Business Services, L.P. on March 18, 2020. The FAC sets forth the following causes of action: (1) Violation of 15 U.S.C. §§ 1681b(b)(2)(A) (FCRA); (2) Violation of 15 U.S.C. §§ 1681d(a)(1) and 1681g(c) (FCRA); (3) Failure to Provide Meal Periods (Lab. Code §§ 204, 223, 226.7, 512 and 1198); (4) Failure to Provide ...
2024.03.06 Demurrer, Motion to Strike 616
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.03.06
Excerpt: ...tional”), and Topgolf USA El Segundo (“Topgolf El Segundo”) (collectively, “Defendants”), which sets forth a single cause of action for Violation of the California Labor Code Private Attorneys General Act of 2004 (Cal. Lab. Code §§ 2698, et seq.). Plaintiff alleges that he wa s employed by Defendants and Defendants engaged in a systematic pattern of wage and hour violations by failing to pay all wages (including minimum wages and over...
2024.02.28 Motion to Compel Further Responses, for Monetary Sanctions 898
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.02.28
Excerpt: ... (“C&B”), alleging violations of the California Fair Debt Buying Practices Act and the Rosenthal Fair Debt Collection Practices Act. The Complaint, filed on December 14, 2021, alleges that Plaintiff incurred a debt in the form of a consumer credit account issued by non -party We bBank and evidenced by an electronic promissory note. The debt was allegedly transferred to CKS and Webcollex, but they were never given the electronic promissory no...
2024.02.28 Motion for Preliminary Approval of Settlement 427
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.02.28
Excerpt: ... forth the foll owing causes of action: (1) Violation of Cal. Labor Code §§ 510 and 1198 (Unpaid Overtime); (2) Violation of Cal. Labor Code §§ 226.7 and 512(a) (Unpaid Meal Period Premiums); (3) Violation of Cal. Labor Code § 226.7 (Unpaid Rest Period Premiums); (4) Viol ation of Cal. Labor Code §§ 1194, 1197 and 1197.1 (Unpaid Minimum Wages); (5) Violation of Cal. Labor Code §§ 201, 202 and 203 (Final Wages Not Timely Paid); (6) Violat...
2024.02.28 Demurrers, Motions to Strike 856
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.02.28
Excerpt: ...he following causes of acti on: (1) Breach of Contract (against Bernard); and (2) Breach of Contract (against Andrews). Plaintiff alleges Bernard breached his Proprietary Information and Invention Assignment Agreement (“PIIA Agreement”) and Employment Agreement by modifying security protections on the Market Operating Plan, downloading the Market Operating Plan onto a personal computer, preparing to compete against Plaintiff during his employ...
2024.02.21 Motion to Compel Arbitration and Dismiss or Stay Action 082
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.02.21
Excerpt: ... “Defendants”) ar ising out of various alleged wage and hour violations. The Class Action Complaint (“Complaint”), filed by plaintiffs Chyna La She Cole (“Cole”) and Alexander Jay Matua (“Matua”) (collectively, “Plaintiffs”) on March 24, 2023, sets forth causes of action f or: (1) Failure to Pay Overtime Wages; (2) Failure to Pay Minimum Wages; (3) Failure to Provide Meal Periods; (4) Failure to Provide Rest Periods; (5) Wait...
2024.02.21 Motion for Final Approval of Settlement 451
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.02.21
Excerpt: ... following cau ses of action: (1) Failure to Pay Wages for All Hours Worked, Labor Code sections 204(b), 223, 1194, 1194.2 Wage Orders; (2) Failure to Pay Overtime Wages, Labor Code sections 510, 1194, 1198, Wage Orders; (3) Failure to Provide Meal Periods, or Pay Premiu m Wages in Lieu Thereof; (4) Failure to Provide Rest Breaks, or Pay Premium Wages in Lieu Thereof; (5) Failure to Provide Accurate Itemized Wage Statements, Labor Code section 22...
2024.02.21 Motion for Final Approval of Settlement 260
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.02.21
Excerpt: ...uses of action: (1) Failure to Provide Meal Periods; (2) Failure to Permit Rest Breaks; (3) Failure to Provide Accurate Itemized Wage Statements; (4) Failure to Pay All Wages Due Upon Separation of Employment; (5) Violation of Business and Professions Code §§ 17200, et seq. (“UCL”); (6) Failure to Reimburse Business Expenses; and (7) Enforcement of Labor Code § 2698 et seq. (“PAGA”). The parties reached a settlement. Plaintiff Tracee S...
2024.02.21 Motion for Final Approval of Settlement 108
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.02.21
Excerpt: ... 23, 2023, sets forth causes of action for: (1) Violation of Cal. Labor Code §§ 510 and 1198 (Unpaid Overtime); (2) Violation of Cal. Labor Code §§ 226.7 and 512, subd. (a) (Unpaid Meal Period Premiums); (3) Violation of Cal. Labor Code § 226.7 (Unpaid Rest Period P remiums); (4) Violation of Cal. Labor Code §§ 1194, 1197, and 1197.1 (Unpaid Minimum Wages); (5) Violation of Cal. Labor Code §§ 201, 202, and 203 (Final Wages Not Timely Pai...

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