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321 Results

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Location: Santa Clara x
Judge: Zayner, Theodore C x
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 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...
2024.02.28 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...
2024.02.21 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...
2024.02.21 Motion for Final Approval of Settlement 092
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.02.21
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...
2024.02.21 Demurrer, Motion to Strike 842
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.02.21
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...
2024.02.14 Motion for Judgment on the Pleadings 306
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.02.14
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 ...
2024.02.14 Motion for Final Approval of Settlement 660
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.02.14
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...
2024.02.14 Motion for Preliminary Approval of Settlement 978
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.02.14
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...
2024.02.14 Motion for Summary Adjudication 879
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.02.14
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...
2024.02.07 Petition to Coordinate Actions 147
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.02.07
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...
2024.02.07 Motion to Compel Arbitration 584
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.02.07
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...
2024.02.07 Motion for Preliminary Approval of Settlement 833
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.02.07
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...
2024.02.07 Motion for Approval of PAGA Settlement 701
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.02.07
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 ...
2024.01.31 Motion to Dismiss, to Quash Service of Summons and Complaint 981
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.01.31
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;...
2024.01.31 Motion to Compel Arbitration of Individual PAGA Claims and Stay Representative PAGA Claim 358
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.01.31
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...
2024.01.31 Motion to Compel Arbitration 936
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.01.31
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...
2024.01.31 Motion for Preliminary Approval of Settlement 445
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.01.31
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...
2024.01.24 Motion for Summary Judgment, Adjudication 238
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.01.24
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...
2024.01.24 Motion for Final Approval of Settlement 961
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.01.24
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...
2024.01.24 Motion for Final Approval of Settlement 777
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.01.24
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...
2024.01.24 Motion for Final Approval of Settlement 260
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.01.24
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...

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