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: ...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: ... 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: ..., 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: ...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: ...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: ...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: ...; 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: ... (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: ...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...

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...

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...

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...

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...

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...

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...

Excerpt: ...023, sets fort h the following causes of action: (1) Failure to Pay All Minimum Wages; (2) Failure to Pay All Overtime Wages; (3) Rest Period Violations; (4) Meal Period Violations; (5) Wage Statement Violations; (6) Failure to Reimburse for Necessary Business Expenses; (7) Waiting Time Penalties; (8) Failure to Timely Pay Wages During Employment; (9) Unfair Competition; and (10) PAGA Penalties. The parties reached a settlement. Plaintiffs Erlind...

Excerpt: ... Penalties Under PAGA fo r Violations of Labor Code Section 2751(a) and (b); (2) Civil Penalties Under PAGA for Violations of Labor Code Section 1102.5; (3) Civil Penalties Under PAGA for Violations of Labor Code Section 232.5; and (4) Civil Penalties Under PAGA for Violations of Labor Code Section[s] 201, 202, and 203. Now before the court is Defendant's demurrer to the first through third causes of action of the SAC on the ground of failure to...

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...

Excerpt: ...�Plaintiff”). Pl aintiff'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 Perform; (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: ...ilure to Provi de Meal Periods or Compensation in Lieu Thereof; (2) Failure to Provide Rest Periods or Compensation in Lieu Thereof; (3) Failure to Pay Minimum Wages; (4) Failure to Pay Overtime Wages; (5) Failure to Reimburse Work Related Expenses; (6) Failure to Comply with Itemized Employee Wage Statement Provisions; (7) Failure to Pay All Wages Upon Termination; (8) Unfair Business Practices; and (9) California Labor Code Private Attorneys Ge...

Excerpt: ... 2020, set forth c auses of action for: (1) Violation of 15 U.S.C. §§ 1681b(b)(2)(A) (FCRA); and (2) Violation of 15 U.S.C. §§ 1681d(a)(1) and 1681g(c) (FCRA). On November 18, 2020, the court issued its Order Deeming Case Complex and Staying Discovery and Responsive Pleading Deadline, which stayed all discovery in this case. On June 4, 2021, Plaintiff filed the operative First Amended Complaint (“FAC”), which sets forth causes of action ...

Excerpt: ...023, sets forth causes of action for: (1) Failure to Pay All Minimum Wages; (2) Failure to Pay All Overtime Wages; (3) Meal Period Violations; (4) Rest Period Violations; (5) Wage Statement Violations; (6) Failure to Timely Pay Wages During Employment and Upon Terminatio n; (7) Unfair Competition; and (8) PAGA Penalties. The parties have reached a settlement. Plaintiff Anicia Cisneros (“Plaintiff”) moved for preliminary approval of the settle...

Excerpt: ...vil Penalties for Violations of California Labor Code, Pursuant to PAGA, §§ 2698, et seq. (“PAGA”). The parties have reached a settlement of the PAGA claim. Plainti
¯ now moves for approval of the PAGA settlement. The motion is unopposed. II. LEGAL STANDARD Under PAGA, an aggrieved employee may bring a civil action personally and on behalf of other current or former employees to recover civil penalties for Labor Code violations. (Iskanian ...

Excerpt: ...rom approximately June 15, 2006 to November 5, 2019, as an hourly-paid crew member/cook at Defendants restaurant in San Jose, California. (First Amended Complaint (“FAC”), ¶ 7.) Cuevas alleges that Defendant failed to pay minimum and overtime wages, failed to provide and record meal periods, failed to provide rest periods, failed to provide accurate itemized wage statements, failed to provide or produce employment records, failed to maintai...

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 Þled in the First Action on February 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, 119...

Excerpt: ...anyon, et al. (Case No. CGC-22-599566, San Francisco County Superior Court) (“Brooks”); (3) Adam Machado v. Recology Inc., et al. (Case No. 22CIV-03760, San Mateo County Superior Court) (“Machado Class Action”); (4) Adam Machado v. Recology Inc., et al. (Case No. 22-CIV-04928, San Mateo County Superior Court) (“Machado PAGA Action”); and (5) Roderick Gibbs v. South Bay Recycling LLC, et al. (Case No. 23-CIV-00809, San Mateo County Sup...

Excerpt: ...his investment in a blockchain project known as the Internet Computer Protocol (“ICP”), which is operated by defendant DÞnity USA Research LLC (“DÞnity USA”). On May 8, 2023, Plainti
¯ Þled a Complaint against Williams and DÞnity USA (collectively, “Defendants”), setting forth causes of action for: (1) Tortious Interference with Contract; (2) Tortious Interference with Prospective Economic Advantage; (3) Breach of Fiduciary Duty;...

Excerpt: ...Labor Code section 226. The Representative Action Complaint, Þled by plainti
¯ Anne Elizabeth Dauphinais (“Plainti
¯”) on August 4, 2023, sets forth a single cause of action for violation of Labor Code section 2698, et seq. (“PAGA). Now before the court is Defendant's motion to compel Plainti
¯ to arbitrate her individual PAGA claim and stay her representative PAGA claim. Plainti
¯ Þled an opposition to the motion. II. REQUEST FOR JUD...

Excerpt: ...de section 226. The Class Action Complaint, Þled by plainti
¯ Anne Elizabeth Dauphinais (“Plainti
¯”) on June 23, 2023, sets forth a single cause of action for violation of Labor Code section 226. Now before the court is Defendant's motion to compel Plainti
¯ to arbitrate her individual claim and dismiss her class claims. Plainti
¯ Þled an opposition to the motion. II. REQUEST FOR JUDICIAL NOTICE In connection with its moving papers, De...

Excerpt: ...unoz Nava (“Plainti
¯”) Þled the operative First Amended Class Action Complaint (“FAC”) against Defendant, which sets forth the following causes of action: (1) Failure to Provide Required Meal Periods; (2) Failure to Provide Required Rest Breaks; (3) Failure to Pay Overtime Wages; (4) Failure to Pay Minimum Wages; (5) Failure to Pay Timely Wages; (6) Failure to Pay All Wages Due to Discharged and Quitting Employees; (7) Failure to Furni...

Excerpt: ...tornevs investigation and prosecution of police misconduct. On December 10, 2021, the City filed a Verified Complaint for Declaratory Relief ("Complaint") seeking a judicial determination as to the scope of the District Attorney's access to police officer records under Penal Code section 832.7, subdivision (a). (Complaint, "1 8, 41, & 44.) Specifically, the City asked for determinations as to whether it may disclose police officer personnel recor...

Excerpt: ...ets forth causes of action for: (1) Failure to Pay All Wages; (2) Failure to Provide Meal Periods or Compensation in Lieu Thereof; (3) Failure to Permit Rest Periods or Provide Compensation in Lieu Thereof; (4) Knowing and Intentional Failure to Provide Accurate Itemized Wage Statements; (5) Waiting Time Penalties; (6) Failure to Reimburse Business Expenses; (7) Violations of Unfair Competition Law; and (8) Violation of the Private Attorneys Gene...

Excerpt: ... The operative Second Amended Complaint ("SAC"), filed on January 27, 2022, 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 Provide Accurate Itemized Wage Statements; (6) Failure to Pay All Wages Due upon Separation of Employment; (7) Violation of Business and Professions Code SS 17200, et seq.; an...

Excerpt: ...f 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 SS 17200, et seq. ("UCL"); (6) Failure to Reimburse Business Expenses; and (7) Enforcement of Labor Code S 2698 et seq. ("PAGA"). The parties reached a settlement. Plaintiff Tracee Sheppard ("Plainti...