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Location: Santa Clara x
Judge: Zayner, Theodore C x
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 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 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...
2023.03.15 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 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 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...
2023.02.15 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 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,...
2023.02.15 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 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 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 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...
2023.02.08 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...
2023.02.08 Motion for Preliminary Approval of Class Settlement 262
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.02.08
Excerpt: ...defendants Compass Group USA, Inc. and Levy Premium Foodservice Limited Partnership (“Levy”), erroneously sued as Levy Premium Foodservice, Inc., (collectively, “Defendants”) and arises out various alleged wage and hour violations. The operative First Amended Complaint, filed on December 10, 2019, sets forth the following causes of action: (1) Failure to Pay All Wages Owed Including Overtime; (2) Unlawful Deductions; (3) Failure to Provid...
2023.02.08 Motion for Preliminary Approval of Class Settlement 218
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.02.08
Excerpt: ... action: (1) Meal and Rest Break Violations (Labor Code §§ 200, 226.7, and 512, and 12 C.C.R. § 11040; (2) Failure to Pay Minimum Wage and Overtime (Welfare Commission Orders and Labor Code §§ 510 and 1194); (3) Failure to Provide Proper Wage Statements and Maintain Accurate Records (Labor Code §§ 226 and 1174); (4) Unfair Business Practices (Business and Professions Code § 17200, et seq.); (5) Failure to Pay Wages at the Time of Terminat...
2023.02.08 Motion for Leave to File Amended Class Action Complaint 947
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.02.08
Excerpt: ... rental property known as Vine by Vintage. (TAC at ¶ 1.) Plaintiff has now vacated the unit. (Ibid.) Defendants Woodstone by Vintage, L.P. (“Woodstone”), Heartstone Housing Foundation (“HHF”), and Heartstone CA Properties I, LLC (“Heartstone I”) (collectively, “Defendants”) are allegedly the owners, operators, and managers of Vine by Vintage. (TAC at ¶ 2.) Plaintiff alleges each of the Defendants “were the agents, employees, r...
2023.02.01 Motion to Stay Action 844
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.02.01
Excerpt: ...019, sets forth the following causes of action: (1) Failure to Pay All Minimum Wages Owed; (2) Failure to Pay Overtime Wages; (3) Failure to Pay All Wages Due Each Pay Period; (4) Failure to Provide Meal Periods; (5) Failure to Provide Rest Periods; (6) Failure to Furnish Accurate Wage Statements; (7) Failure to Maintain Required Records; (8) Failure to Pay Wages Earned Upon Termination; (9) Unfair Competition in Violation of Business & Professio...
2023.02.01 Motion to Compel Arbitration and Stay Proceedings 577
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.02.01
Excerpt: ...�Complaint”), on October 27, 2021, Plaintiff purchased a new product, manufactured by Defendant, that was subject to the warranty. (Id. at ¶ 42.) Plaintiff Hai Bui (“Plaintiff”) alleges that Defendant's warranty contains language that leads consumers to believe that third‐party repair of their products will void the warranty. (Id. at ¶¶ 2‐7, 17, 30‐32, 34, & 64.) Plaintiff further alleges that he is unable to repair his product via...
2023.02.01 Motion for Preliminary Approval of Settlement 890
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.02.01
Excerpt: ... notice. 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 §§ 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,...
2023.02.01 Motion for Preliminary Approval of Settlement 519
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.02.01
Excerpt: ...ollowing causes of action: (1) Failure to Pay Minimum Wages [Cal. Lab Code §§ 204, 1994, 1194.2, and 1197]; (2) Failure to Pay Overtime Compensation [Cal. Lab Code §§ 1194 and 1198]; (3) Failure to Provide Meal Periods [Cal. Lab Code §§ 226.7 and 512]; (4) Failure to Authorize and Permit Rest Breaks [Cal. Lab Code § 226.7]; (5) Failure to Indemnify Necessary Business Expenses [Cal. Lab Code § 2802]; (6) Failure to Timely Pay Final Wages a...
2023.02.01 Motion for Preliminary Approval of Settlement 403
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.02.01
Excerpt: ... against Defendant, Daniel Rodas v. The Goodyear Tire & Rubber Co. (Los Angeles Superior Court, Case No. 21STCV28702) (the “Rodas Action”). Defendant removed the action to federal court, resulting in Daniel Rodas v. The Goodyear Tire & Rubber Co. (United States District Court, Central District of California, Case No. 2:21‐CV‐07526‐VAP). The Rodas Action involves the following causes of action: (1) violation of Labor Code §§ 510, 588, ...
2023.02.01 Motion for Final Approval, to Intervene 576
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.02.01
Excerpt: ...Complaint (“SAC”), filed on June 2, 2021, sets forth the following causes of action: (1) Failure to Pay All Overtime Wages Owed (Labor Code §§ 204, 510, 558, 1194, 1198); (2) Failure to Pay All Minimum Wages Owed (Labor Code §§ 1194, 1194.2, 1197); (3) Failure to Pay All Wages at the Agreed‐Upon Rate (Labor Code §§ 221‐223); (4) Failure to Provide Meal Periods (Labor Code §§ 226.7, 512); (5) Failure to Authorize and Permit All Res...
2023.02.01 Motion for Approval of PAGA Settlement 150
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.02.01
Excerpt: ...ve Action Complaint, which set forth a single cause of action for Violation of the Private Attorneys General Act [Cal. Lab. Code §§ 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 Vita...

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