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: ...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: ... 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: ...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: ...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: ...; 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: ...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: ...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: ...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...

Excerpt: ... process of building a modern, multifamily residential apartment complex and mixed-use project comprised of two 28-story towers and a below grade parking garage (the "Project"). (FAC, '1 2.) As a result of groundwater intrusion and flood events, SJSC was forced to halt and/or delay construction of the SJSC Towers Project and incur substantial groundwater flood related mitigation, remediation, and restoration/repair costs. (ld. at 3, 5, 42, & 51-5...

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: ... 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: ...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: ... Rama Krishna Prasad Kethineni, Bamboo Solutions, Inc., HireTechForce, Inc., BoxsterTech, Inc., TechGlobalSystems, Inc., Reves Global Services, Inc. f/k/a iBridge, Inc. (collectively, "Defendants"). On December 3, 20221, Plaintiff filed the operative First Amended Complaint against Defendants, which sets forth the following causes of action: (1) Intentional Misrepresentation/Fraud; (2) Fraudulent Concealment; (3) Civil Conspiracy, (4) Breach of C...

Excerpt: ...ton: (1) Failure to provide rest breaks and meal periods (Lab. Code SS 226.7, 512, and 1198); (2) Failure to pay all wages earned for all hours worked (Lab. Code SS 510, 1194, 1197, and 1198); (3) Failure to provide accurate wage statements (Lab. Code S 226); (4) Waiting time penalties (Lab. Code SS 201-203); (5) Unfair Competition (Bus. & Prof. Code S 17200, et seq.); and (6) Civil penalties/PAGA (Labor Code S 2698, et seq). The parties reached ...

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: ...t Thuy Cung ("Cung"). (Complaint, 4-5, 13.) Cung applied for and received a credit account with Bank of America, N.A. ("BOA"). (ld. at 5, 7.) Cung's contract with BOA was an installment contract. (ld. at '1 10 & Ex. 1.) Due to Cung's nonpayment 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. (ld. at '1 9.) Specifica...

Excerpt: ...lainant Osman Yunus Guracar ("Guracar"). (Complaint, 4-6.) 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 6, 8.) The last activity on the account occurred within the four years prior to the filing of the Complaint. (ld. ...

Excerpt: ...ious 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 C...

Excerpt: ...ts forth 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 Erlinda Reyes ...

Excerpt: ... 2023, sets 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) Violati...

Excerpt: ...CS's Head of People Operations and Plaintiff's manager. (ld. 5-6.) Plaintiff alleges Hu and Beisel are joint employers with CS. (ld. 4-6.) The Complaint, filed on April 4, 2023, alleges causes of acton for: (1) Discrimination Based on Pregnancy; (2) Failure to Accommodate; (3) CFRA Interference; (4) CFRA Retaliation; (5) Discriminaton Based on Sex; (6) Wrongful Termination in Violation of Public Policy; (7) Retaliation; (8) Failure to Prevent Dis...

Excerpt: ...vil Penalties Under the Private Attorneys General Act (Labor Code SS 2698, et seq.). Defendant C2 Educational Systems, Inc. ("Defendant") now moves for an order compelling Plaintiff to arbitrate her individual PAGA claim and staying her representative PAGA claim. Plaintiff opposes the motion. II. LEGAL STANDARD "The FAA [Federal Arbitration Act], which includes both procedural and substantive provisions, governs [arbitration] agreements involving...

Excerpt: ...Plaintiff 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 elect...

Excerpt: ...2) 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 August 29, 2022, the court (Hon. Patricia M. Lucas) entered an Order Re: Pretrial and Trial Dates, which set the date for completion of written disc...

Excerpt: ...plaint alleging a single cause of action under the Private Attorneys General Act of 2004. (Complaint, 2 & 21 On April 20, 2021, defendants Food Management Partners, Inc., Buffets, LLC, and FMP-Ovation Payroll, LLC (collectively "Defendants") notified this court that they filed a petition for chapter 11 bankruptcy. On October 11, 2022, Spencer Skeen ("Skeen"), Tim Johnson, and Jesse Ferrantella, attorneys with the law firm of Ogletree, Deakins, Na...

Excerpt: ...wing causes of action: (1) Failure to Pay Minimum Wages (Labor Code SS 1194, 1197, 1197.1, 1198, 1199); (2) Failure to Reimburse Work Related Expenses (Labor Code S 2802); (3) Failure to Provide Timely Rest Periods and/or Pay Rest Period Premiums (Labor Code S 226.7 and S 12 of IWC Wage Order No. 5); (4) Failure to Provide Timely Meal Periods and/or Pay Meal Period Premiums (Labor Code SS 226.7, 512, and S 11 of IWC Wage Order No. 5); (5) Failure...

Excerpt: ...ment in a blockchain project known as the Internet Computer Protocol, which is operated by defendant Dfinity USA Research LLC ("Dfnity USA"). On May 8, 2023, Plaintiff filed a Complaint against Williams and Dfinity USA (collectively, "Defendants"), setting forth causes of acton for: (1) Tortious Interference with Contract; (2) Tortious Interference with Prospective Economic Advantage; (3) Breach of Fiduciary Duty; (4) Conversion; (5) Trespass to ...

Excerpt: ... Plaintiff 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 elec...

Excerpt: ...omplaint 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.) Plai...

Excerpt: ...tatutory 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 routne practice of sending initial written communications in smaller than 12-point type. (Complaint, '1 1.) The Complaint sets forth a single cause of action under the CFDBPA. On December 27, 2022, the court granted Plaintiff's motion for cla...

Excerpt: ...auses of achon 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 226.7; (5) Failure to Pay Vacation 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 Cod...

Excerpt: ... ("Hightower") against defendants Compass Group USA, Inc. and Levy Premium Foodservice Limited Partnership ("Levy"), erroneously sued as Lew 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) Fai...

Excerpt: ...l Period Compensation; (4) Failure to Provide Rest Period Compensation; (5) Failure to Indemnify Necessary Business Expenditures; (6) Wage Statement Violations; (7) Waiting Time Penalties; (8) Private Attorney General Act (Labor Code SS 2699, et seq.) (9) Declaratory Relief; and (10) Unfair Competition in Violation of Cal. Business and Professions Code SS 17200, et seq. On April 13, 2022, the court entered an order dismissing Plaintiff's first th...

Excerpt: ...pment 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. On November 28, 2017, Group One filed a complaint for breach of contract and to foreclose a mechanics lien in the amount of approximately $985,000. On February 5, 2018, La Encina filed a Cross-complaint, which alleged claims for: (1) Breach of Contract; (2)...

Excerpt: ...2020, sets forth the following causes of action: (1) Failure to Pay All Wages; (2) Rest Period Violations; (3) Meal Period Violations; (4) Wage Statement Violations; (5) Waiting Time Penalties; (6) Unfair Business Practices; (7) PAGA Penalties for Failure to Pay All Wages; (8) PAGA Penalties for Rest Period Violations; (9) PAGA Penalties for Meal Period Violations; (10) PAGA Penalties for Wage Statement Violations; and (11) PAGA Penalties for Wai...

Excerpt: ...nc. ("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-600D, FG-1500D, FG-3200D, and FG-3S50E; Fortinet Fortswitch models FSW-248D, FSW-248D-FPOE, FSW-248E-FPOE, FSW-448D, FSW-448D-FPOE, and FSW-1024D; and network management software including FortiManager, FortiAnalvzer, and FortAuthenticato...

Excerpt: ...tiff"), the State of California, and other current and former employees of Defendant Little Caesar Enterprises, Inc. ("Defendant") for violations of the Labor Code. The First Amended Complaint ("FAC"), filed on July 24, 2023, sets forth the followng cause of acton: (1) for Civil Penalties pursuant to California Labor Cade sections 2698, et seq. for numerous violations of the Labor Code. Currently before the Court is Defendant's motion to strike P...

Excerpt: ...ntonio Valdez (collectively, Defendants). Plaintiff Juana Garcia (Plaintiff) filed the operative complaint on December 7, 2020, alleging a single cause of action under PAGA. On December 15, 2022, Defendants filed a moton to compel arbitration of the action, which the court granted in part as to the individual component of Plaintiff's PAGA claim, but denied to the extent sought dismissal of Plaintiff's representative PAGA claim. Exercising fts inh...

Excerpt: ...endants"). On October 14, 2022, plaintiff Seana Neihart ("Neihart") filed a Complaint—PAGA Enforcement Action, setting forth a single cause of action for PAGA violations. On January 26, 2023, the parties filed a Joint Stipulation to File First Amended Complaint, permitting the addition of Jessica King ("King") as a plaintiff. On February 8, 2023, plaintiffs Neihart and King (collectively, "Plaintiffs") filed the operative First Amended Complain...

Excerpt: ...al Act (PAGA) cause of action on behalf of Plaintiff and similarly aggrieved employees. Defendant Ready 2 Go ("Defendant") is a company that hires drivers to deliver packages for Amazon Logistics, Inc. ("Amazon"). Plaintiff asserts that his former employer, Defendant, failed to properly record his hours worked, failed to pro#rly compensate him, denied him meal #riods and rest breaks, and did not provide the required premium pay compensation. The ...

Excerpt: ...gainst 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 premiums, provide employees all rest periods to which they were entitled, pay rest period premiums, pay minimum wages for all hours worked, pay overtime wages for all ov...

Excerpt: ... single claim for PAGA penalties for the following alleged Labor Code violations: (1) Sections 510 and 1198 (failure to pay overtime); (2) Sectons 1182.12, 1194, 1197, and 1198 (failure to pay minimum wages); (3) Sections 226.7, 512(a), 516, and 1198 (failure to provide and record meal periods); (4) Sections 226.7, 516, and 1198 (failure to authorize and permit rest periods); (5) Sections 226(a), 1174(d), and 1198 (failure to provide and maintain...

Excerpt: ...d on March 22, 2021, alleged the following claims: (1) Failure to Pay Minimum Wages; (2) Failure to Pay Overtime Wages; (3) Failure to Provide Meal Periods, or Pay Premiums in lieu thereof; (4) Failure to Permit Rest Breaks, or Pay Premiums in lieu thereof; (5) Failure to Reimburse Necessary Business Expenses; (6) Failure to Provide Accurate Itemized Wage Statements; (7) Failure to Timely Pay Wages; (8) Failure to Pay All Wages Due upon Separatio...

Excerpt: ...) Arvind Srinivasan v. ZL Technologies, Inc., et al. (Case No. 2WV373027); (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). Now before the court are: (1) the motion to seal by ZL Technologies, Inc. ("ZL"); and (2) the motion by Arvind Srinivasan ("Srinivasan"), Splitbyte Inc.,...

Excerpt: ...eriod Violations Pursuant to Labor Code S 2598 et seq.; (2) Minimum Wage Violations Pursuant to Labor Code S 2698 et seq.; (3) Overtime Violations Pursuant to Labor Code S 2698 et seq.; (4) Wage Statement Violations Pursuant to Labor Code S 2698 et seq.; (5) Failure to Reimburse Pursuant to Labor Code S 2698 et seq.; and (6)Failure to Pay Wages Upon Separation Pursuant to Labor Code S 2698 et seq. Now before the court is the motion by defendant B...

Excerpt: ...ment 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. On November 28, 2017, Group One filed a complaint for breach of contract and to foreclose a mechanics lien in the amount of approximately $985,000. On February 5, 2018, La Encina filed a Cross-complaint, which alleged claims for: (1) Breach of Contract; (2) ...