Excerpt: ...o 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. ( Ibid.) 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. ...

Excerpt: ..., Case No. 21CV 384527) (“First Action”); (2) Kathleen O'Brien v. Cerida Investment Corp., et al. (Santa Clara County Superior Court, Case No. 21CV384529) (“Second Action”). The Representative Action Complaint filed in the First Action on July 20, 2021, sets forth a sing le cause of action for Violation of the Private Attorneys General Act (Labor Code §§ 2698 et seq.). The Class Action Complaint filed in the Second Action on July 20, ...

Excerpt: ... and related st atutory penalties on behalf of all non -exempt registered nurses working at Regional Medical Center from October 22, 2019, to the present. The Class Action Complaint for Damages (“Complaint”), filed on October 23, 2020, sets forth causes of action for: (1) Failure to Provide Meal Periods or Compensation in Lieu Thereof [Cal. Lab. Code §§ 512, 226.7 and Wage Order 5 -2001]; (2) Failure to Provide Rest Periods or Compensation...

Excerpt: ...r Penalties Pursuant to Labor Code § 2699, et seq. for violations of Labor Code §§ 201, 202, 203, 226(a), 226.7, and 2802. Defendant moved to compel arbitration of Plaintiff's individual PAGA claim and dismiss Plaintiff's representative PAGA claim. Plaintiff opposed the motio n. On May 18, 2023, the court denied Defendant's motion to compel arbitration. Defendant appealed the court's order. Subsequently, the parties reached a settlement of the...

Excerpt: ...lleges causes of action for: (1) Failure to Reimburse Expenses Pursuant to Labor Code § 2802; (2) Violation of Business & Professions Code § 16600 and Labor Code § 432.5; (3) Violation of Business & Professions Code § 17200; (4) Penalties Pursuant to Labor Code §§ 2699, et seq. (“PAGA”). Now before the court is defendant loanDepot.com, LLC's (“Defendant”) motion to compel arbitration of plaintiff Betty Sha's (“Plaintiff”) indivi...

Excerpt: ...n September 29, 2021, Pl aintiff designs, manufactures, and sells electric cars, electric vehicle powertrain components, as well as scalable energy generation and storage products. (FAC, ¶ 36.) Plaintiff sells successful electric vehicles and is poised to enter the pickup truck market, with over 500,000 reservations for its highly anticipated Cybertruck. (Ibid.) Defendants Rivian Automotive, Inc. and Rivian Automotive, LLC (collectively, “Rivi...

Excerpt: ...) Arvind Srin ivasan v. ZL Technologies, Inc., et al. (Case No. 20CV373027); (3) Arvind Srinivasan v. ZL Technologies, Inc. (Case No. 20CV373149); (4) ZL Technologies, Inc., et al. v. Arvind Srinivasan (Case No. 21CV378097); (5) Arvind Srinivasan v. ZL Technologies, Inc . (Case No. 21CV382329). and As is relevant here, ZL Technologies, Inc., et al. v. Arvind Srinivasan (Case No. 21CV378097) (“Defamation Case”) is a defamation action filed by...

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...

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...

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 ...

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...

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 ...

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...

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...

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); (...

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...

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 §...

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...

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...

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...

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...

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...

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...

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 ...

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...