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Judge: Zayner, Theodore C x
2023.03.29 Motion for Preliminary Approval of Settlement 182
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.03.29
Excerpt: ... for defendant Konica Minolta Business Solutions USA ("Defendant") in California for the four years preceding the filing of the original Complaint on April 2, 2014. (First Amended Complaint, 7.) According to the operative First Amended Complaint, filed on October 29, 2015, Plaintiffs worked as service technicians for Defendant. (ld. at 5.) Defendant allegedly required Plaintiffs and similarly situated service technicians to drive their personal v...
2023.03.29 Motion for Preliminary Approval of Class Action Settlement 890
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.03.29
Excerpt: ...e required notce. The Class Action Complaint ("Complaint"), filed on May 14, 2021, sets forth the following causes of action: (1) Violation of California Unfair Competition Law, Cal. Business & Professions Code SS 17200-17210; and (2) Declaratory Judgment. Plaintiffs Rakly Dominguez and Grace Dominguez (collectively, "Plaintiffs") have reached a settlement with defendants All-Pro Bail Bonds, Inc. ("All-Pro"), Bankers Insurance Company, and Banker...
2023.03.29 Motion for Preliminary Approval of Class Action Settlement 163
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.03.29
Excerpt: ...on, Schultz Industrial Services, Inc., and Schultz Mechanical Contractors, Inc. (collectively, "Defendants") on January 21 2020, sets forth a single cause of action for Violation of 15 U.S.C. (FCRA). The Plaintiffs has reached a settlement with Defendants. Plaintiff now moves for preliminary approval of the settlement. VI. LEGAL STANDARD Generally, "questions whether a settlement was fair and reasonable, whether notice to the class was adequate, ...
2023.03.29 Motion for Final Approval of Settlement 692
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.03.29
Excerpt: ...e that this affects in any way its ability to be fair and impartial in this case. This is an action arising out of various alleged wage and hour violations. The operative First Amended Class Action and PAGA Representative Action Complaint ("FAC"), filed on July 14, 2021, sets forth causes of action for: (1) Failure to Pay Minimum Wages; (2) Failure to Pay Overtime Wages; (3) Failure to Provide Meal Periods; (4) Failure to Provide Rest Periods; (5...
2023.03.29 Motion for Approval of PAGA Settlement 820
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.03.29
Excerpt: ...e California, Inc. ("Consolidated"), Verall of MI, Inc. ("Verall"), RCH Companies, Michael Burn, and Patrick Caprarola ("Caprarola"), which set forth the following causes of action: (1) unpaid Wages, Violation of Wage Orders and Labor Code SS 200, et seq., 223, 226.2, 1194; (2) Overtime Wages, Violation of Wage Orders and Labor Code SS 510 and 1194; (3) Failure to Provide Meal Periods or Premium Wages in Lieu Thereof, Violation of Wage Orders and...
2023.03.29 Motion for Approval of PAGA Settlement 175
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.03.29
Excerpt: ...laint, which set forth a single cause of action for Violation of California Labor Code S 2698, et seq. (California Labor Code Private Attorneys General Act of 2004). The parties have reached a settlement. Plaintiff now moves for approval of the PAGA settlement. The motion is unopposed. X. 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 penalti...
2023.03.29 Motion for Approval of PAGA Settlement 150
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.03.29
Excerpt: ...a Representative Action Complaint, which set forth a single cause of action for Violation of the Private Attorneys General Act [Cal. Lab. Code SS 2698, et seq.]. On December 30, 2020, plaintiff Melissa Freitas ("Freitas") filed an action, Melissa Freitas v. Vitamin Shoppe Industries Inc. (Monterey County Superior Court, Case No. 20-CV003549), which set forth a single cause of action under PAGA. Following mediation, Almadhi, Freitas, and defendant...
2023.03.29 Motion for Preliminary Approval of Class and Representative Action Settlement 519
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.03.29
Excerpt: ... forth the following causes of action: (1) Failure to Pay Minimum Wages [Cal. Lab Code SS 204, 1994, 1194.2, and 1197]; (2) Failure to Pay Overtime Compensation [Cal. Lab Code SS 1194 and 1198]; (3) Failure to Provide Meal Periods [Cal. Lab Code SS 226.7 and 512]; (4) Failure to Authorize and Permit Rest Breaks [Cal. Lab Code S 225.7]; (5) Failure to Indemnify Necessary Business Expenses [Cal. Lab Code S 2802]; (6) Failure to Timely Pay Final Wag...
2023.03.22 Motion for Final Approval of Settlement 516
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.03.22
Excerpt: ...th America Holdings, Inc., and JSR Life Sciences, LLC (collectively, "Defendants") alleging causes of action for: (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 Statements; (7) Failure to Pay All Wages Due Upon Separation of Employment; and (8) Violation of Business...
2023.03.22 Motion for Class Certification 772
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.03.22
Excerpt: ... Complaint, filed on October 19, 2020, Defendant employed Plaintiff as an hourly non-exempt employee from February 22, 2010 to August 6, 2020. (Complaint, '1 7.) Plaintiff alleges Defendant failed to provide accurate wage statements to its employees. (ld. at 21 & 28.) Specifically, when overtime wages were paid, the wage statements issued to Plaintiff and putative class members identified the overtme rate as half of the regular rate of pay. (Comp...
2023.03.22 Motion for Class Certification 264
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.03.22
Excerpt: ...iginal Complaint against defendants Ruby Thai Valley Fair, LLC and Yuh Mei Chiou on November 8, 2018. The Complaint set forth the following causes of action: (1) Failure to Properly Pay Minimum and Overtime Wages; (2) Failure to Pay Wages Due and "Waiting Time" Penalties; (3) Failure to Provide Accurate Wage Stubs; (4) Failure to Provide Meal Periods or Compensation in Lieu Thereof; and (5) Restitution for Unfair Business Practices. On February 5...
2023.03.22 Demurrer 018
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.03.22
Excerpt: ...l Penalties Under Labor Code S 210; (2) Civil Penalties under Labor Code S 226.3; (3) Violation of Labor Code S 558; (4) Violation of Labor Code S 1174.5; (5) Violation of Labor Code S 1197.1; and (6) Civil Penalties under Labor Code S 2699. On May 17, 2022, Plaintiff filed the operative First Amended Complaint against Defendants, which sets forth the following causes of action: (1) Failure to Pay Overtime Wages; (2) Failure to Pay Minimum Wages;...
2023.03.15 Motion for Approval of PAG Settlement 820
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.03.15
Excerpt: ...le California, Inc. ("Consolidated"), Verall of MI, Inc. ("Verall"), RCH Companies, Michael Burn, and Patrick Caprarola ("Caprarola"), which set forth the following causes of action: (1) Unpaid Wages, Violation of Wage Orders and Labor Code SS 200, et seq„ 223, 226.2, 1194; (2) Overtime Wages, Violation of Wage Orders and Labor Code SS 510 and 1194; (3) Failure to Provide Meal Periods or Premium Wages in Lieu Thereof, Violation of Wage Orders a...
2023.03.15 Demurrer 384
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.03.15
Excerpt: ...dent Santa Clara Valley Water District ("District"). In its April 28, 2022 Notice of Exemption ("NOE") the District allegedly found that the Project was exempt from CEQA under two categorical exemptions from CEQA set forth in the CEQA Guidelines (14 C.C.R. S 15000 et seq„ "Guidelines"). These are the "Minor Alterations to Land" exemption (Guidelines S 15304), sometimes referred to as a "Class 4 "exemption, and the "Information Collection" exemp...
2023.03.15 Motion to Strike PAGA Claim 538
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.03.15
Excerpt: ...n of 15 U.S.C. SS 1681b(b)(2)(A) (Fair Credit Reporting Act); (2) Violation of 15 U.S.C. SS 1681d(a)(1) and 1681g(c) (Fair Credit Reporting Act); (3) Violation of California Civil Code S 1785 et seq. (Investigative Consumer Reporting Agencies Act); (4) Violation of California Civil Code S 1785 et seq. (Consumer Credit Reporting Agencies Act); (5) Failure to Provide Meal Periods (Lab. Code SS 204, 223, 226.7, 512 and 1198); (5) Failure to Provide ...
2023.03.15 Motion for Final Approval of Class Action Settlement 916
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.03.15
Excerpt: ...Corporation, Deluxe Check Printers, and Deluxe Manufacturing Operations, LLC ("OMO") (collectively, "Defendants") on January 6, 2020. The FAC sets forth the following causes of action: (1) Failure to Provide Meal Periods (Lab. code SS 204, 223, 225.7, 512 and 1198); (2) Failure to Provide Rest Periods (Lab. code SS 204, 223, 225.7 and 1198); (3) Failure to Pay Hourly and Overtme Wages (Lab. Code SS 223, 510, 1194, 1197 and 1198); (4) Failure to P...
2023.03.15 Motion for Leave to File SAC 251
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.03.15
Excerpt: ...ime 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; and (7) Violation of Business and Professions Code SS 17200, et seq. On July 10, 2020, Plaintiff filed the operative First Amended Class Action Complaint ("FAC"), which added an eighth cause of achon for Enforcement of Labor Code S 2698, et seq....
2023.03.15 Motion for Summary Adjudication 838
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.03.15
Excerpt: ...nt and cross- complainant Meritage Homes of California, Inc. ("Meritage"). Plaintiffs Yalanda and Hriam Birdsong, the Bohlig Living Trust, Melissa and Basilisa Beltran, Timothy Frasch, Michael and Olivia Holt, Djenne-Sukari and Dequal Nathaniel, Henry Nguyen, Erwin and Jennifer Pablo, Gary and Stacy Quibelan, Carla Richardson, David and Crystal Sullivan, Joshua and Alicia Vera, and Akil and Stephanie Wemusa (collectively, "Plaintiffs") are the ow...
2023.02.15 Motion to Strike PAGA Claim 538
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.02.15
Excerpt: ...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 of 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); (6) Fai...
2023.02.15 Motion to Compel Arbitration 251
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.02.15
Excerpt: ...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; and (7) Violation of Business and Professions Code §§ 17200, et seq. On July 10, 2020, Plaintiff filed the operative First Amended Class Action Complaint (“FAC”), which added an eighth cause of action for Enforcement of Labor Code...
2023.02.15 Motion for Summary Adjudication 838
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.02.15
Excerpt: ...ant and cross- complainant Meritage Homes of California, Inc. (“Meritage”). Plaintiffs Yalanda and Hriam Birdsong, the Bohlig Living Trust, Melissa and Basilisa Beltran, Timothy Frasch, Michael and Olivia Holt, Djenne-Sukari and Dequal Nathaniel, Henry Nguyen, Erwin and Jennifer Pablo, Gary and Stacy Quibelan, Carla Richardson, David and Crystal Sullivan, Joshua and Alicia Vera, and Akil and Stephanie Wemusa (collectively, “Plaintiffs”) a...
2023.02.15 Motion for Final Approval of Class Action Settlement 916
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.02.15
Excerpt: ...nts Deluxe Corporation, Deluxe Check Printers, and Deluxe Manufacturing Operations, LLC (“DMO”) (collectively, “Defendants”) on January 6, 2020. The FAC sets forth the following causes of action: (1) Failure to Provide Meal Periods (Lab. Code §§ 204, 223, 226.7, 512 and 1198); (2) Failure to Provide Rest Periods (Lab. Code §§ 204, 223, 226.7 and 1198); (3) Failure to Pay Hourly and Overtime Wages (Lab. Code §§ 223, 510, 1194, 1197 a...
2023.02.15 Motion for Approval of PAGA Settlement 820
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.02.15
Excerpt: ...d Cable California, Inc. (“Consolidated”), Verall of MI, Inc. (“Verall”), RCH Companies, Michael Burn, and Patrick Caprarola (“Caprarola”), which set forth the following causes of action: (1) Unpaid Wages, Violation of Wage Orders and Labor Code §§ 200, et seq., 223, 226.2, 1194; (2) Overtime Wages, Violation of Wage Orders and Labor Code §§ 510 and 1194; (3) Failure to Provide Meal Periods or Premium Wages in Lieu Thereof, Violat...
2023.02.15 Demurrer 384
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.02.15
Excerpt: ...ject”) by Respondent Santa Clara Valley Water District (“District”). In its April 28, 2022 Notice of Exemption (“NOE”) the District allegedly found that the Project was exempt from CEQA under two categorical exemptions from CEQA set forth in the CEQA Guidelines (14 C.C.R. § 15000 et seq., “Guidelines”). These are the “Minor Alterations to Land” exemption (Guidelines § 15304), sometimes referred to as a “Class 4 “exemption,...
2023.02.08 Motion for Preliminary Approval of Settlement and Conditional Class Certification 173
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.02.08
Excerpt: ...ailure to provide rest breaks and meal periods (Lab. Code §§226.7, 512, and 1198); (2) Failure to pay all wages earned for all hours worked (Lab. Code §§ 510, 1194, 1197, and 1198); (3) Failure to provide accurate wage statements (Lab. Code § 226); (4) Waiting time penalties (Lab. Code §§ 201-203); (5) Unfair Competition (Bus. & Prof. Code §§ 17200, et seq.); and (6) Civil Penalties/PAGA (Labor Code § 2698, et seq). The parties have rea...

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