Excerpt: ... 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 Wages at ...

Excerpt: ...ation, 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). Plaintiff reached a settlement with Defendants. On March 29, 2023, the court adopted its tentative ruling, granting preliminary approva of the settlement subject to approval of the amended class notice. Plaintiff's counsel filed an amended class n...

Excerpt: ...st Agriculture, Inc. ("Defendant"), which sets forth the following causes of action: (1) Violation of the California Consumers Legal Remedies Act, Cal. Civ. Code SS 1750, et seq.; (2) Violation of the California Unfair Competition Law, Cal. Bus. & Prof. Code SS 17200, et seq.; (3) Violation of the California False Advertising Law, Cal. Bus. & Prof. Code SS 17500, et seq.; (4) Breach of Express Warranty; (5) Breach of Implied Warranty of Merchanta...

Excerpt: ...uses of action: (1) Failure to Pay Minimum Wages [Cal. Lab. Code SS 204, 1194, 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 5121; (4) Failure to Authorize and Permit Rest Breaks [Cal. Lab. Code S 226.7]; (5) Failure to Indemnify Necessary Business Expenses [Cal. Lab. Code S 2802]; (6) Failure to Timely Pay Final Wages at Termination ...

Excerpt: ...s v. Richard Barton, et al. (Santa Clara County Superior Court, Case No. 22CV407(M7) ("Daniels Acton") and Jessica Perry v. Richard Barton, et al. (Santa Clara County Superior Court, Case No. ("Perry Acton"). On 7, 2022, plaintiff Martin Daniels ("Daniels") filed a Stockholder Derivative Complaint for Breach of Fiduciary Duty, Unjust Enrichment, and Waste of Corporate Assets ("Daniels Complaint") against Netflix and certain directors and officers...

Excerpt: ...the following causes of action: (1) Failure to Pay Minimum Wages; (2) Failure to Pay Overtime Owed; (3) Failure to Provide Lawful Meal Periods; (4) Failure to Authorize and Permit Rest Periods; (5) Failure to Timely Pay Wages During Employment; (6) Failure to Timely Pay Wages Owed upon Separation From Employment; (7) Failure to Reimburse Necessary Expenses; (8) Knowing and Intentional Failure to Comply with Itemized Wage Statement Provisions; (9)...

Excerpt: ...ed on December 14, 2021, sets forth causes of action for: (1) Failure to Pay Minimum Wages; (2) Failure to Pay Overtime Compensation; (3) Failure to Provide Meal Periods; (4) Failure to Authorize and Permit Rest Breaks; (5) Failure to Indemnify Necessary Business Expenses; (6) Failure to Timely Pay Final Wages at Termination; (7) Failure to Provide Accurate Itemized Wage Statements; (8) Unfair Business Practices; and (8) Civil Penalties Under PAG...

Excerpt: ...nal Parking Services, Inc. ("Defendant"), alleging various Labor Code violations in 2015 ("Turner Acton"). 2 On January 21, 2016, plaintiff Mykale Rocquemore ("Rocquemore") filed a representative action against Defendant asserting a single claim for civil penalties under the Private Attorneys General Act of 2W4 ("PAGA") ("Rocquemore Action"). The PAGA claim is predicated on allegations that Defendant failed to compensate Rocquemore and the other ...

Excerpt: ...ilure to Provide Meal Periods of Pay Meal Period Premiums (Labor Code SS 204, 223, 226.7, 512 and 1198); (2) Failure to Authorize and Permit Rest Breaks or Pay Rest Break Premiums (Labor Code SS 204, 223, and 226.7); (3) Failure to Pay Overtime Wages (Violation of California Wage Order and Labor Code SS 204, 223, 510, 1194, 1197 and 1198); (4) Failure to Provide Accurate Itemized Wage Statements (Labor Code S 225); (5) For Waiting Time Penalties ...

Excerpt: ...ightower") against 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 acton: (1) Failure to Pay All Wages Owed Including Overtime; (2) Unlawful Deductions; (3) Failure...

Excerpt: ...e Consolidated Class Action Complaint, filed on January 12, 2023, sets forth the following causes of acton: (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) Failure to Reimburse Necessary Business Expenses; (8) Violation of Business...

Excerpt: ...cton: (1) Failure to Pay Minimum Wages; (2) Failure to Pay Wages and Overtime Under Labor Code S 510; (3) Meal Period Liability Under Labor Code S 226.7; (4) Rest Break Liability under Labor Code S 226.7; (5) Violation of Labor Code SS 226(a); (6) Violation of Labor Code S 221; (7) Violation of Labor Code S 204; (8) Violation of Labor Code S 203; (9) Violation of Business & Professions Code S 17200 et seq.; and (10) Penalties Pursuant to Labor Co...

Excerpt: ... for: (1) Failure to Pay Minimum Wages [Cal. Lab. Code SS 204, 1194, 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, 512]; (4) Failure to Authorize and Permit Rest Breaks [Cal. Lab. Code S 226.71; (5) Failure to Indemnify Necessary Business Expenses [Cal. Lab. Code S 28021; (6) Failure to Timely Pay Final Wages at Termination [Cal. Lab. Co...

Excerpt: ...eneral Act of 2004 (Labor Code SS 2698, et seq.) ("PAGA"). On June 7, 2023, the court entered a Stipulation to Permit Filing of Consolidated Complaint; Order ("Stpulation"), which granted Plaintiff leave to file a consolidated complaint. The Stipulation states that Plaintiff filed a putative wage and hour class action, Sima Adami v. Prime Now LLC (Santa Clara County Superior Court, Case No. 21CV379287), in addition to her PAGA representative acti...

Excerpt: ...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, "Rivian") are a prospective electri...

Excerpt: ...s forth causes of action for: (1) Violation of Labor Code SS 510, 558, and 1194; (2) Violation of Labor Code SS 226.7 and 512; (3) Violation of Labor Code S 2802; (4) Violation of Labor Code S 226; (5) Violation of Business and Professions Code SS 17200, et seq.; and (6) Violation of Labor Code SS 2698, et seq. ("PAGA"). The parties have reached a settlement. Plaintiff Marie Rebelo Showalter ("Plaintiff") now moves for preliminary approval of the...

Excerpt: ...Complaint, Velocity alleges that the charge-off creditor was LendingClub Corporation, Veluity complied with Civil Code section 1788.52, and the document titled "Truth in Lending Disclosure" attached to the Complaint satisfies Civil Code section 1788.52, subdivision (b). (Ibid.) The Complaint sets forth common counts for: (1) Open Book Account; and (2) Money Lent. On February 19, 2019, Canul filed a putative class acton Cross-complaint against Vel...

Excerpt: ...ubscription plans for LinkedIn-branded products and services that are available exclusively to consumers who enroll in Defendant's auto-renewal programs through its website. According to the allegations of the operative First Amended Complaint ("FAC"), filed on June 30, 2022, Defendant enrolls consumers in programs that automatically renew from month-to-month or year-to-year and result in monthly or annual charges to the consumer's credit card, d...

Excerpt: ...on January 17, 2023, sets forth the following causes of acton: (1) Failure to Pay All Minimum Wages; (2) Failure to Pay All Overtime Wages; (3) Failure to Provide Rest Periods and Pay Missed Rest Period Premiums; (4) Failure to Provide Meal Periods and Pay Missed Meal Period Premiums; (5) Failure to Maintain Accurate Employment Records; (6) Failure to Pay Wages Timely During Employment; (7) Failure to Pay All Wages Earned and unpaid at Separation...

Excerpt: ...forth causes of action for: (1) Violation of 15 U.S.C. SS (FCRA); and (2) Violation of 15 U.S.C. SS 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 for: (1) Violation of 15 U.S.C. SS (FCRA); and (...

Excerpt: ... (1) Failure to Provide Meal Peritxls (Lab. Code SS 204, 223, 226.7, 512 and 1198); (2) Failure to Provide Rest Periods (Lab. Code SS 204, 223, 226.7 and 1198); (3) Failure to Provide Hourly and Overtime Wages (Lab. Code SS 223, 510, 1194, 1194.2, 1197, 1997.1 and 1198); (4) Failure to Indemnify (Lab. code S 2802); (5) Failure to Provide Accurate Written Wage Statements (Lab. Ctxle S 226(a)); (6) Failure to Timely Pay All Final Wages (Lab. Code S...

Excerpt: ...forth the following causes of action: (1) Failure to Pay Minimum and Straight Time Wages [Cal. Lab. Cade SS 204, 1194, 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, 512]; (4) Failure to Authorize and Permit Rest Breaks [Cal. Lab. Code SS 226.7]; (5) Failure to Indemnify Necessary Business Expenses [Cal. Lab. Code S 28021; (5) Failure to ...

Excerpt: ...us wage and hour violations. The Complaint, filed on August 1, 2019, sets forth claims for: (1) Violation of California Labor Code SS 510 and 1198 (unpaid overtime); (2) Violation of California Labor Code SS 226.7 and 512(a) (failure to provide meal periods); (3) Violation of California Labor Code S 226.7 (failure to provide rest periods); (4) Violation of California Labor Code SS 1194, 1197 and 1197.1 (unpaid minimum wages); (5) Violation of Cal...

Excerpt: ...ent LLC ("La Encina"), a California development company. La Encina hired Group One to construct five homes in San Jose but the contract was terminated prior to the completion of the project. Group One initiated this action filing a complaint for breach of contract and to foreclose a mechanics lien in the amount of approximately $985,000. Thereafter, La Encina filed a cross-complaint raising claims for (1) breach of contract, (2) declaratory relie...

Excerpt: ... ("Defendant") in an amount exceed-ng between September 2017 and September 2018. (Second Amended Complaint ("SAC"), 4-15.) The products included the Fortinet FortiGate models FG-201E, FG-5WE, FG- FG-1500D, FG-32wD, and FG-3960E; Fortinet FortiSwitch models FSW-248D, FSW-248D-FPOE, FSW- 248E-FPOE, FSW-448D, FSW-448D-FPOE, and FSW-1024D; and network management software including FortiManager, FortiAnalyzer, and FortiAuthentcator. (SAC, 15.) Plainti...

Excerpt: ... Schultz Industrial Services, Inc., and Schultz Mechanical Contractors, Inc. (collectively, Defendants) on January 21 2020, sets forth a single cause of acton for Violation of 15 U.S.C. SS1681b(b)(2)(A) (FCRA). On May 3, 2023, the court granted preliminary approval of the settlement, subject to approval of the modified class notice. Plaintiff now moves for final approval of the settlement, attorney's fees, costs and expenses, and enhancement paym...

Excerpt: ... Arvind Srinivasan 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); and (5) Arvind Srinivasan v. ZL Technologies, Inc. (Case No. 21CV382329). On June 5, 2023, defendant Arvind Srinivasan ("Srinivasan") filed: (1) a Notice of Discovery Referee's Order of May 1, 2023, Granting in Part Defendants'...

Excerpt: ... Provide 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 General Act...

Excerpt: ...ory Damages ("Complaint"), filed on December 4, 2018, plaintiff Pamela Shereé Chambers ("Plaintiff") seeks statutory damages against defendant Crown Asset Management, LLC ("Defendant") arising from its routine practice of sending initial written communicatons in smaller than 12-point type. (Complaint, '1 1.) The Complaint sets forth a single cause of action under the CFD8PA. On 27, 2022, the court granted Plaintiff's motion for class certificati...

Excerpt: ...int for Declaratory Relief, Injunctive Relief, and Damages ("FAC"), filed on April 13, 2020 in federal district court, plaintiff Maria Consuelo Griego ("Plaintiff") seeks statutory damages against defendants The Tehama Law Group, P.C. ("Tehama"), Kes Narbutas ("Narbutas"), Cypress Asset Recovery Services, LLC ("Cypress"), Jeff Fernandez ("Fernandez"), Eric Wilson, Matthew Wright, and Patelco Credit Union ("Patelco"). 1 (FAC, 3 & 10-15.) Plaintiff...

Excerpt: ...ses of action for: (1) Failure to Pay Minimum Wages; (2) Failure to Pay Wages and Overtime under Labor Code S 510; (3) Meal- Period Liability under Labor Code S 226.7; (4) Rest-Period Liability under Labor Code S 225.7; (5) Failure to Pay Vacaton Wages; (6) Failure to Comply with Labor Code SS 245 and 246; (7) Reimbursement of Necessary Expenditures Under Labor Code S 2802; (8) Failure to Comply with Labor Code S 2751; (9) Violation of Labor Code...

Excerpt: ...usands of products from Defendant in an amount exceeding $10,000,000 between September 2017 and September 2018. (Second Amended Complaint ("SAC"), 4-15.) The products included the Fortinet FortiGate models FG-201E, FG-500E, FG- 6000, FG-1500D, FG-3200D, and FG-3960E; Fortinet FortiSwitch models FSW-248D, FSW-248D-FPOE, FSW- 248E-FPOE, FSW-448D, FSW-448D-FPOE, and FSW1024D; and network management software including FortiManager, FortiAnalyzer, and...

Excerpt: ...3) ("Bridges against defendants Premier Nissan of San Jose, LLC ("Premier Nissan S'") and Troy Duhon ("Duhon") (collectively, "Defendants"). According to the allegations of Plaintiff's individual complaint, Defendants failed to provide Plaintiff all meal periods to which they were entitled, pay meal period premiums, provide employees all rest periods to which they were entitled, pay rest period premiums, pay minimum wages for all hours worked, pa...

Excerpt: ...press" agreed that KFEI would serve as a nonexclusive distributor of Cypress products to Japanese companies and their affliates. 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 followng causes of action: (1) Breach of Contract; and...

Excerpt: ...Bakersfield, Kern Delta Water District, North Kern Water Storage District, Kern County Water Agency, and L Mark Mulkay ("Mulkay"), which sets forth a single cause of action for declaratory and injunctive relief. Specifically, Plaintiff seeks a judgment declaring that it holds valid pre-1914 appropriative rights on the South of Fork of the Kern River, it can change the point of diversion and place of use of its rights (provided it does not injure ...

Excerpt: ...rior Court ("Montano"); and (2) Attaway v. Alliance Residential, LLC, Case No. 20CV365134, Santa Clara County Superior Court ("Attaway"). Montano included a single cause of action for civil penalties under the Private Attorneys General Act ("PAGA"). The PAGA claim was based on allegedly deficient wage statements. Attaway set forth the following causes of action: (1) Failure to Pay All Overtime Wages; (2) Rest Period Violations; (3) Failure to Ind...

Excerpt: ...llowing causes of acton: (1) Failure to Pay Wages for All Hours Worked, Labor Code sectons 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 Premium 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 226; (6) ...

Excerpt: ...orked 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, '17.) According to the operative First Amended Complaint, filed on October 29, 2015, Plaintiffs worked as service technicians for Defendant. (ld. at '1 5.) Defendant allegedly required Plaintiffs and similarly situated service technicians to drive their ...

Excerpt: ...sets 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...

Excerpt: ...ion ("P"") and protected health information ("PHI") from unauthorized access. (First Amended Complaint ("FAC"), '1 4.) As a result of SARC's conduct, unknown and unauthorized persons allegedly accessed and viewed class members' PII and PHI through SARC's remote desktop portal. (ld. at 5 & 7.) On or about August 27, 2021, SARC provided notice of the security breach to over 57,000 people regarding the unauthorized access of their PII and PHI. (FAC,...

Excerpt: ... filed on November 4, 2021, sets forth the following causes of action: (1) Failure to Reimburse Business Expenses (Labor code S 2802); (2) UC Violations (Cal. Bus. & Prof. code SS and (3) PAGA Penalties (Labor Code S 2698 et seq.). The parties have reached a settlement. Plaintiff Valerie Boyer ("Plaintiff") moved for preliminary approval of the settlement. On August 30, 2023, the court continued the moton for preliminary approval of settlement to...

Excerpt: ...l; Discovery Motions filed on August 14, 2023 (Hon. Zayner) and is not repeated here. Court records show a trial conference scheduled for October 11, 2023, and a jury trial scheduled to begin October 16, 2023. Before the court is Defendant's motion for (1) an order compelling Plaintiff to withdraw its request to claw back three documents, ALORICA-01860037, ALORICA-01902906, ALORICA-01866965 (the "Clawed Back Documents"); (2) a finding that Plaint...

Excerpt: ... required 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 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...

Excerpt: ...flights. Plaintiffs Claire Reedy, Victoria Rosales, and Roman Chepulskyy (collectively, "Plaintiffs") contend that Defendant advertises that it does not charge "change fees" or "cancel fees" for fts plane tickets. They assert that they each purchased plane tickets from Defendant but they later had to cancel or reschedule their flights. They were issued travel credits which displayed expiration dates. Because customers may not be able to use their...

Excerpt: ...3, 2023, at 1:30 p.m. in Department 19. The court now issues its tentative ruling as follows: l. INTRODUCTION These are two coordinated cases arising out of alleged Labor Code violations. On June 11, 2015, plaintiff Adrian Turner ("Turner") filed a putative class action against her former employer, defendant Corinthian International Parking Services, Inc. ("Defendant"), alleging various Labor Code violations in 2015 ("Turner Acton"). On January 2...

Excerpt: ...nd hour action against defendants Stevens Creek Quarry, Inc. and Richard A. Voss (collectively, "Defendants"). On March 29, 2018, Shuff filed a First Amended Complaint, adding John Howland ("Howland") as a plaintiff and class representative. Howland and Shuff were dismissed as plaintiffs on April 24, 2019 and November 1, 2019, respectively. On November 6, 2019, the Second Amended Complaint was filed, adding Christopher Bryan ("Bryan") as a plaint...

Excerpt: ... forth the following causes of action: (1) Failure to Pay All Wages Owed; (2) Failure to Provide Meal and Rest Periods; (3) Failure to Pay Wages on Separation; (4) Failure to Maintain Accurate Time Records; (5) Failure to Provide Accurate Itemized Wage Statements; (6) Recovery Under Private Attorneys General Act (PAGA); and (7) Unfair Competition Law. Defendants demurred to each and every cause of action of the Complaint on the ground of failure ...

Excerpt: ...ed on December 14, 2021, sets forth causes of action for: (1) Failure to Pay Minimum Wages; (2) Failure to Pay Overtime Compensation; (3) Failure to Provide Meal Periods; (4) Failure to Authorize and Permit Rest Breaks; (5) Failure to Indemnify Necessary Business Expenses; (6) Failure to Timely Pay Final Wages at Termination; (7) Failure to Provide Accurate Itemized Wage Statements; (8) Unfair Business Practices; and (8) Civil Penalties Under PAG...

Excerpt: ... against defendants CA FG8 Operation, LLC and CA FG8 Sunnyvale, LLC (collectively, "Defendants") on behalf of any and all persons who are or were hourly, non-exempt employees who worked in Defendants' restaurant locations in California. (Complaint, '1 2.) Plaintiff alleges that Defendants implemented policies and practices that resulted in the failure to pay minimum wages, failure to provide lawful meal periods, failure to timely pay wages during...

Excerpt: ...) and Peter Wh-te ("White") (collectively, "Plaintiffs") on June 28, 2023, sets forth causes of action for: (1) Failure to Pay Prevailing Wages, Lab. Code S 1720 et seq.; (2) Unfair Competition, Business & Professions Code SS 17200-09; and (3) Violations of the Labor Code Private Attorneys General Act of 2004, Lab. Code SS 2698 et seq. On August 28, 2023, the court granted Plaintiffs' request for dismissal of White's claims without prejudice. Now...

Excerpt: ...dlong") (collectively, "Plaintiffs") filed a Complaint alleging causes of action for: (1) Failure to Pay Minimum Wage (Lab. Code S 1194 and IWC Wage Orders); (2) Failure to Pay Overtime (Lab. Code SS 510, 1194); (3) Failure to Provide Authorized Meal Periods (Lab. Code SS 226.7, 512, IWC Wage Orders); (4) Failure to Provide Authorized Rest Periods (Lab. Code SS 225.7, 512, IWC Wage Orders); (5) Failure to Pay All Wages upon Discharge (Lab. Code S...

Excerpt: ...nst defendants L Brands, Inc., Victoria's Secret Stores, Inc., and Victoria's Secret Stores, LLC (collectively, "Defendants") on February 3, 2020, sets forth a single cause of action for Violation of 15 U.S.C. (FCRA). he Plaintiffs reached a settlement with Victoria's Secret Stores, LLC. On January 11, 2023, the court granted preliminary approval of the class achon settlement. The court approved the amended class notice the following day. Plainti...

Excerpt: ... 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 Statements; (7) Failure to Pay All Wages Due Upon Separation of Employment; (8) Violation of Business and Professions Code SS 172(L et seq.; and (9) Enforcement of Labor Code SS 26...

Excerpt: ...h the following causes of action: (1) Failure to Pay Minimum Wages [Cal. Lab. Code SS 204, 1194, 1194.2, and 1197]; (2) Failure to Pay Overtme Compensation [Cal. Lab. Code SS 1194 and 1198]; (3) Failure to Provide Meal Periods [Cal. Lab. Code SS 226.7, 5121; (4) Failure to Authorize and Permit Rest Breaks [Cal. Lab. Code SO 226.7]; (5) Failure to Indemnify Necessary Business Expenses [Cal. Lab. Code S 28021; (5) Failure to Timely Pay Final Wages ...

Excerpt: ...ed on November 4, 2021, sets forth the following causes of action: (1) Failure to Reimburse Business Expenses (Labor code S 2802); (2) UC Violations (Cal. Bus. & Prof. code SS 17200-17204); and (3) PAGA Penalties (Labor Code S 2698 et seq.). The parties have reached a settlement. Plaintiff Valerie Boyer ("Plaintiff") now moves for preliminary approval of the settlement. II. LEGAL STANDARD Generally, "questions whether a settlement was fair and re...

Excerpt: ...l. (PAGA), Superior Court of California, County of San Mateo, Case No. 22-ClV-04928. Case No.: 22CV396584 The above- entitled action comes on for hearing before the Honorable Theodore C. Zayner on August 23, 2023, at 1:30 p.m. in Department 19. The court now issues its tentative ruling as follows: l. INTRODUCTION This coordinated action involves four cases: (1) Jesus Beltran v. Recology South Bay, et al. (Case No. 22CV396584, Santa Clara County S...

Excerpt: ... California Labor Code SS 510 and 1198 (Unpaid Overtime); (2) Violation of California Labor Code SS 226.7 and 512(a) (Unpaid Meal Period Premiums); (3) Violation of California Labor Code S 226.7 (Unpaid Rest Period Premiums); (4) Violation of California Labor Code SS 1194, 1197, and 1197.1 (Unpaid Minimum Wages); (5) Violation of California Labor Code SS 201 and 202 (Final Wages Not Timely Paid); (5) Violation of California Labor Code S 204 (Wage...

Excerpt: ...uying Practices Act ("CFD8PA" or the "Act," Civ. Code, SS 1788.50— 1788.66). The Class Action Complaint, filed on December 7, 2020, sets forth a cause of action for violation of Civil Code secton 1788.52, subdivision and asserts Plaintiff and the class are entitled to statutory damages and attorney's fees and costs under Civil Code section 1788.62, subdivisions (a)-( c). On February 23, 2022, the court granted Defendants' moton to seal financia...

Excerpt: ...old omitted), filed on March 23, 2023, sets forth the following causes of achon: (1) unpaid overtme (Lab. Code, SS 510, 1198); (2) unpaid minimum wages (Lab. Code, SS 1182.12, 1194, 1197, 1197.1, 1198); (3) failure to provide meal periods (Lab. Code, SS 226.7, 512, subd. (a), 516, 1198); (4) failure to authorize and permit rest periods (Lab. Code, SS 226.7, 516, 1198); (5) non-compliant wage statements and failure to maintain accurate payroll rec...

Excerpt: ...orth causes of achon for: (1) Violation of 15 U.S.C. SS (FCRA); and (2) Violation of 15 U.S.C. SS 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, which sets forth causes of action for: (1) Violation of 15 U.S.C. (FCRA); and (2) Violation ...

Excerpt: ..."Bridges l" I—against defendants Premier Nissan of San Jose, LLC ("Premier Nissan SJ") and Troy Duhon ("Duhon") (collectively, "Defendants"). According to the allegations of Plaintiff's individual complaint, Defendants failed to provide Plaintiff all meal periods to which they were entitled, pay meal period premiums, provide employees all rest periods to which they were entitled, pay rest period premiums, pay minimum wages for all hours worked,...

Excerpt: ...laint, filed by plaintiff Akimasia Walker ("Plaintiff") on January 20, 2023, sets forth a single cause of action for violation based on allegations that Defendant failed to timely pay wages, provde legally compliant meal and rest periods, pay wages during employment, reimburse necessary business expenses, pay wages due upon separation of employment, pay waiting tme penalties, furnish accurate wage statements, and maintain accurate records. Now be...

Excerpt: ..."FCRA") and violations of wage and hour laws. The Class Action Complaint, filed on July 27, 2020, sets forth causes of action for: (1) Violation of 15 U.S.C. SS 1681b(b)(2)(A) (FCRA); (2) Failure to Provide Meal Periods (Lab. Code SS 204, 223, 226.7, 512 and 1198); (3) Failure to Provide Rest Periods (Lab. code SS 204, 223, 226.7 and 1198); (4) Failure to Pay Hourly wages (Lab. code 223, 510, 1194, 1194.2, 1197, 1997.1 and 1198); (5) Failure to P...

Excerpt: ...s") 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 Contract; and ...

Excerpt: ...ds of products from Defendant in an amount exceeding $10,000,000 between September 2017 and September 2018. (Second Amended Complaint ("SAC"), 4-15.) The products included the Fortinet FortiGate models FG-201E, FG-500E, FG- 6000, FG-1500D, FG-3200D, and FG-3960E; Fortinet FortiSwitch models FSW-248D, FSW-248D-FPOE, FSW- 248E-FPOE, FSW-448D, FSW-448D-FPOE, and FSW1024D; and network management software including FortiManager, FortiAnalyzer, and For...

Excerpt: ...s 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 Termination; (7) Unfair Competition; and (8) PAGA Penalties. The parties have reached a settlement. Plaintiff Anicia Cisneros ("Plaintiff") now moves for preliminary approval of the settlement. The...

Excerpt: ...forth the following causes of achon: (1) Meal and Rest Break Violations (Labor Code SS 200, 226.7, and 512, and 12 C.C.R. S 11040; (2) Failure to Pay Minimum Wage and Overtme (Welfare Commission Orders and Labor Code SS 510 and 1194); (3) Failure to Provide Proper Wage Statements and Maintain Accurate Records (Labor Code SS 226 and 1174); (4) Unfair Business Practices (Business and Professions Code S 17200, et seq.); (5) Failure to Pay Wages at t...

Excerpt: ...cisco Duenas Orellana ("Orellana") and Ronald Lopez Mendez ("Mendez") (collectively, "Plaintiffs") on July 29, 2022, sets forth the following causes of action: (1) Failure to Pay Minimum and Straight Time Wages (Cal. Lab. Code SS 204, 1194, 1194.2, and 1197); (2) Failure to Pay overtime wages (Cal. Lab. code 1194 and 1198); (3) Failure to Provide Meal Periods (Cal. Lab. Code SS 226.7, 512); (4) Failure to Authorize and Permit Rest Periods (Cal. L...

Excerpt: ...ntiff 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, "Rivian") are an electric vehicle man...

Excerpt: ..."Plaintiffs") against defendants L Brands, Inc., Victoria's Secret Stores, Inc., and Victoria's Secret Stores, LLC (collectively, "Defendants") on February 3, 2020, sets forth a single cause of acton for Violation of 15 U.S.C. (FCRA). he Plaintiffs reached a settlement with Victoria's Secret Stores, LLC. On January 11, 2023, the court granted preliminary approval of the class action settlement. The court approved the amended class notice the foll...

Excerpt: ...class achon Complaint against defendants JSR Micro, Inc., JSR North 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...

Excerpt: ...ourt ("Montano"); and (2) Attaway v. Alliance Residential, LLC, Case No. 20CV365134, Santa Clara County Superior Court ("Attaway"). Montano included a single cause of action for civil penalties under the Private Attorneys General Act ("PAGA"). The PAGA claim was based on allegedly deficient wage statements. Attaway set forth the following causes of action: (1) Failure to Pay All Overtime Wages; (2) Rest Period Violations; (3) Failure to Indemnify...

Excerpt: ... ("P"") and protected health information ("PHI") from unauthorized access. (First Amended Complaint ("FAC"), '1 4.) As a result of SARC's conduct, unknown and unauthorized persons allegedly accessed and viewed class members' PII and PHI through SARC's remote desktop portal. (ld. at 5 & 7.) On or about August 27, 2021, SARC provided notice of the security breach to over 57,000 people regarding the unauthorized access of their PII and PHI. (FAC, 6,...

Excerpt: ... the following causes of action: (1) Failure to Pay All Wages Owed; (2) Failure to Provide Meal and Rest Periods; (3) Failure to Pay Wages on Separation; (4) Failure to Maintain Accurate Time Records; (5) Failure to Provide Accurate Itemized Wage Statements; (6) Recovery under Private Attorneys General Act (PAGA); and (7) Unfair Competition Law. Now before the court is the demurrer by Defendants to each and every cause of action of the Complaint ...

Excerpt: ...rvind Srinivasan 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); and (5) Arvind Srinivasan v. ZL Technologies, Inc. (Case No. 21CV382329). On June 5, 2023, defendant Arvind Srinivasan ("Srinivasan") filed: (1) a Notice of Discovery Referee's Order of May 1, 2023, Granting in Part Defendants' M...

Excerpt: ...rth 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 Statements; (7) Failure to Pay All Wages Due Upon Separation of Employment; (8) Violation of Business and Professions Code SS 17200, et seq.; and (9) Enforcement of Labor Code SS 2598...

Excerpt: ...ls ("Plaintiff") was hired by defendants Northrop Grumman Systems Corporation and Northrop Grumman Corporation (collectively, "Defendants") in May 2010 as an hourly, non- exempt employee. (Complaint, 10.) Plaintiff alleges that Defendants violated various wage and hour laws, including requiring Plaintiff and the putative class to go through security checks, failing to provide meal periods, failing to reimburse for business expenses such as the pu...

Excerpt: ... wage and hour laws. The Class Action Complaint, filed on July 27, 2020, sets forth causes of action for: (1) Violation of 15 U.S.C. SS (FCRA); (2) Failure to Provide Meal Periods (Lab. code 204, 223, 226.7, 512 and 1198); (3) Failure to Provide Rest Periods (Lab. Code SS 204, 223, 226.7 and 1198); (4) Failure to Pay Hourly wages (Lab. code SS 223, 510, 1194, 1194.2, 1197, 1997.1 and 1198); (5) Failure to Pay vacation Wages (Lab. Code S 227.3); (...

Excerpt: ...g company. Market Street filed suit in May 2019, seeking among other relief the involuntary dissolution of MSD-DV and liquidation of real property assets. ay order dated November 6, 2019, the court (Hon. Peter Kirwan) granted AVID's motion to stay the prueedings and fix the value of Market Street's interest, under Corporations Code section 17707.03 and ordered the parties to supply a list of six appraisers from which the court would appoint the t...

Excerpt: ...rth causes of achon for: (1) Violation of 15 U.S.C. SS (FCRA); and (2) Violation of 15 U.S.C. SS 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, which sets forth causes of action for: (1) Violation of 15 U.S.C. (FCRA); and (2) Violation o...

Excerpt: ... 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 General...

Excerpt: ...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 ("Plaintiff...

Excerpt: ...ornia Labor Code SS 510 and 1198 (Unpaid Overtime); (2) Violation of California Labor Code SS 226.7 and 512(a) (Unpaid Meal Period Premiums); (3) Violation of California Labor Code S 226.7 (unpaid Rest Period Premiums); (4) Violation of California Labor Code SS 1194, 1197, and 1197.1 (Unpaid Minimum Wages); (5) Violation of California Labor Code SS 201 and 202 (Final Wages Not Timely Paid); (6) Violation of California Labor Code S 204 (Wages Not ...

Excerpt: ...tral Coast Agriculture, Inc. ("Defendant"), which sets forth the following causes of action: (1) Violation of the California Consumers Legal Remedies Act, Cal. Civ. Code SS 1750, et seq.; (2) Violation of the California Unfair Competition Law, Cal. Bus. & Prof. Code SS 17200, et seq.; (3) Violation of the California False Advertising Law, Cal. Bus. & Prof. Code SS 17500, et seq.; (4) Breach of Express Warranty; (5) Breach of Implied Warranty of M...

Excerpt: ... (1) Civil 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 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; ...

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.; and...

Excerpt: ...orth the following causes of action: (1) Failure to Pay All Minimum Wages; (2) Failure to Pay All Overtme 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 Erlinda Reyes and J...

Excerpt: ...January 20, 2022, sets forth causes of action for: (1) Failure to Provide Required Meal Periods; (2) Failure to Provide Required Rest Periods; (3) Failure to Pay Overtime Wages; (4) Failure to Pay Minimum Wages; (5) Failure to Pay All Wages Due to Discharged and Quitting Employees; (6) Failure to Maintain Required Records; (7) Failure to Furnish Accurate Itemized Wage Statements; (8) Failure to Indemnify Employees for Necessary Expenditures Incur...

Excerpt: ...s forth causes of achon for: (1) Violation of Cal. Labor Code SS 510 and 1198 (Unpaid Overtime); (2) Violation of Cal. Labor Code SS 226.7 and 512, subd. (a) (Unpaid Meal Period Premiums); (3) Violation of Cal. Labor Code S 226.7 (Unpaid Rest Period Premiums); (4) Violation of Cal. Labor Code SS 1194, 1197, and 1197.1 (Unpaid Minimum Wages); (5) Violation of Cal. Labor Code SS 201, 202, and 203 (Final Wages Not Timely Paid); (6) Violation of Cal....

Excerpt: ...inant Osman Yunus Guracar ("Guracar"). (Complaint, "14-6.) Guracar applied for and received a credit account with Bank of America, N.A. ("BOA"). (ld. at 5, 7.) Guracar's contract with BOA was an installment contract. (ld. at 10 & Ex. 1.) Due to Guracar's non-payment of the account, BOA charged-off and sold the account to SLS. (ld. at "1 6, 8.) The last activity on the account occurred within the four years prior to the filing of the Complaint. (l...

Excerpt: ...tiff Jose Francisco Hernandez Garcia ("Plaintiff") on May 17, 2021, sets forth a single cause of action for civil penalties pursuant to the Private Attorneys General Act of 2004 ("PAGA"). According to the Complaint, Plaintiff worked for Defendants from approximately October 2017 to May 2020 as an hourly, nonexempt employee. (Complaint, 21.) During this time, he and other California employees were not compensated for all hours worked, missed meal ...

Excerpt: ...co Duenas Orellana ("Orellana") and Ronald Lopez Mendez ("Mendez") (collectively, "Plaintiffs") on July 29, 2022, sets forth the following causes of action: (1) Failure to Pay Minimum and Straight Time Wages (Cal. Lab. Code SS 204, 1194, 1194.2, and 1197); (2) Failure to Pay overtime wages (Cal. Lab. code 1194 and 1198); (3) Failure to Provide Meal Periods (Cal. Lab. Code SS 226.7, 512); (4) Failure to Authorize and Permit Rest Periods (Cal. Lab....

Excerpt: ...ss action Complaint aga-nst defendants JSR Micro, lnc„ JSR North 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 ...

Excerpt: ...ion: (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 Wages Timely During Employment; (7) Failure to Pay Wages Due upon Separation of Employment; and (8) Violation of Business and Professions Code SS 17200, et seq. On July 11, 2022, Plaintiff filed a First Amended Class Acton Comp...

Excerpt: ...he 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.; and ...

Excerpt: ... (1) Breach of Contract; (2) Fraud; (3) Fraud in the Inducement; (4) Negligent Misrepresentation; (5) Violation of Unfair Business Practices Act; (6) Escrow Negligence; (7) Negligent Supervision; (8) Breach of Fiduciary Duty; (9) Breach of Written Contract; (10) Violation of Uniform Fraudulent Transfers Act; and (11) Aiding and Abetting in the Commission of a Tort. On December 17, 2018, the court granted defendant Chicago Title Company's ("Chicag...

Excerpt: ...n connection with defendant Cloudera, Inc.'s ("Cloudera") acquisition of and merger with Hortonworks, Inc. ("Hortonworks"). According to the allegations of the operative Consolidated Class Action Complaint ("Complaint"), filed on August 5, 2019, Cloudera is a Delaware corporation with its principal executive offices located in Palo Alto, and is purportedly an enterprise data cloud company. (Complaint, '1 15.) Intel Corporation ("Intel") is a semi...

Excerpt: ...Eaglin" (collectively, "Plaintiffs") on August 18, 2022, sets forth causes of achon for: (1) Failure to Provide Required Meal Periods; (2) Failure to Provide Required Rest Periods; (3) Failure to Pay Overtime Wages; (4) Failure to Pay Minimum Wages; (5) Failure to Pay All Wages Due to Discharged and Quitting Employees; (5) Failure to Maintain Required Records; (7) Failure to Furnish Accurate Itemized Wage Statements; (8) Failure to Indemnify Empl...

Excerpt: ...gainst 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 SS 510, 588, and 1194; (2) ...

Excerpt: ...forth a single cause of action for Civil Penalties (Lab. Code SS 2698, et seq.). The parties have reached a settlement of the PAGA claim. Plaintiff Tuan Hoang ("Plaintiff") now mcwes for approval of the settlement. The moton is unopposed. VII. LEGAL STANDARD under PAGA, an aggrieved employee may bring a civil achon personally and on behalf of other current or former employees to recover civil penalties for Labor Code violations. Oskanian v. CLS T...