Excerpt: ...ntano"); (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 All Necessar...

Excerpt: ...e 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 have reached a settlement. Plaintiffs Erlinda Reyes and Jaz...

Excerpt: ...Penalties Pursuant to Labor code" 201, 202, 204, 226(a), 226.7, 246, 248.2, 248.5, 248.5, 510, 512, 1174, 1174.5, 1194, 1197, and 1197.1 and Pursuant to Labor Code S 2599(a) for Violations of Labor Code SS 225.3 and 558. The parties have reached a settlement of the PAGA claim. Plaintiff Anthony Batista ("Plaintiff") now moves for approval of the settlement. The motion is unopposed. X. LEGAL STANDARD Under PAGA, an aggrieved employee may bring a c...

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: ...laint, which set forth a single cause of action for Violation of California Labor Code S 2698, et seq. (California Labor Code Private Attorneys General Act of 2004). The parties have reached a settlement. Plaintiff moved for approval of the PAGA settlement. On March 29, 2023, the court continued the moton for approval of PAGA settlement to May 17, 2023. The court explained that Plaintiff had not met his burden to show that the settlement is fair ...

Excerpt: ...o 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 (Labor ...

Excerpt: ...auses 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 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 SS 226.7]; (5) Failure to Timely Pay Final Wages at Termination [Cal. Lab. Code SS 201-203]; (6) Failure to Provide Accura...

Excerpt: ...ises Ceja Martinez ("Martinez") (collectively, "Plaintiffs") filed a Complaint for Statutory Violations and Attorneys' Fees against defendants Starz Telecom, Inc., Sammy Dean Wilbur Isaacson, and Joshua Michael Wayn Isaacson (collectively, "Defendants"), which sets forth causes of action for: (1) Violation of the California Labor Code section[s] 218.5, 1194, 1194.2, 1771, 1774, 1810, 1815; (2) Failure to Pay Minimum wages and wage set by Statute ...

Excerpt: ...January 17, 2023, sets forth the followng causes of action: (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; (5) Failure to Pay Wages Timely During Employment; (7) Failure to Pay All Wages Earned and unpaid at Separation; (...

Excerpt: ...tion: (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 have reached a settlement. Plaintiff Tracee Sheppard ("Plaint...

Excerpt: ... plaintiff Mercedes Ibarra ("Plaintiff") on October 13, 2022, sets forth causes of action for: (1) Violation of Cal. Labor Code SS 510 and 1198 (Unpaid Overtime); (2) Violation of Cal. Labor Code SS 226.7 and 512(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 ...

Excerpt: ... Community Hospital of the Monterey Peninsula ("CHOMP") (collectively, "Defendants") pursuant to the California Rosenthal Fair Debt Collection Practices Act, Civil Code sections 1788-1788.33 ("RFDCPA").2 Plaintiff alleges that Defendants sent him a collection letter dated August 2, 2021. (Complaint, 17-19 & Ex. 1.) Defendants allegedly failed to include the notice required by Civil Code section 1788.14, subdivisions (d)(l) and (2) in their first ...

Excerpt: ...ts tentative ruling as follows: XIII. INTRODUCTION This coordinated action involves two cases: (1) Jesus Beltran v. Recology South Bay, et al. (Case No. 22CV396584, Santa Clara County Superior Court) ("Beltran"); and (2) Antoine Brooks, et al. v. Recology American Canyon, et al. (Case No. CGC-22-599566, San Francisco County Superior Court) ("Brooks"). The Complaint in Beltran, filed on April 4, 2022, sets forth the following causes of acton: (1) ...

Excerpt: ...on: (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 Furnish Accurate Itemized Wage Statements; (7) Failure to Indemnify Employees for Necessary Expenditures Incurred in Discharge of Duties; and (8) Unfair and unlawful Business Practices. As is relevan...

Excerpt: ...rn and practice of towing vehicles in violation of Vehicle Code sections 22953 and 22658. According to the allegations of the operative Second Amended Complaint ("SAC"), filed on February 25, 2022, Defendants caused vehicles to be towed without first having obtained signed authorizations from the property owner or its agents, in violation of Vehicle Code section 22658, subdivision (1)(1), and caused vehicles to be towed from the space available t...

Excerpt: ...0, 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 Waitin...

Excerpt: ...n: (1) Failure to Pay Wages and/or Overtime under Labor Code SS 510, 1194, and 1199; (2) Penalties Pursuant to Labor Code S 203; (3) Violation of Business & Professions Code S 17200; and (4) Penalties Pursuant to Labor Code S 2699, et seq. The parties reached a settlement and plaintiff Raul Becerra ("Plaintiff") moved for preliminary approval of the settlement. On June 30, 2022, the court entered an order denying the moton for preliminary approva...

Excerpt: ...Superior Court ("Harbour"); (2) Williams v. SOS Security, LLC, et al., Case No. 20CV362050, Santa Clara County Superior Court ("Williams"); (3) Marmolejo, et al. v. SOS Security, LP, Case No. 20CV367423, Santa Clara County Superior Court; (4) Muse v. SOS SecuriW, LLC, et al., Case No. RG20066195, Alameda County Superior Court ("Muse"); and (5) Towns v. SOS Security, LLC, Case No. 21TRCV00063, Los Angeles County Superior Court. On May 25, 2022, pl...

Excerpt: ... in non-party Wave Computing, Inc. ("Wave") since about August 2017. (TAC, '1 2.) Wave was a semi-conductor and computer learning company incorporated in Delaware and with its principal place of business in Santa Clara County, CA. (ld. at '1 1.) Wave's ability to succeed depended on the development of fts Data Processing Unit chip called "Cayenne," which was central to its artificial intelligence system called "Green." (TAC, '1 29.) Plaintiff all...

Excerpt: ...rative second Amended complaint ("SAC") filed on July 21, 2022. DEFENDANTS' REQUEST FOR JUDICIAL NOTICE "Judicial notice is the recognition and acceptance by the court, for use by the trier of fact or by the court, of the existence of a matter of law or fact that is relevant to an issue in the acton without requiring formal proof of the matter." (Poseidon Development, Inc. v. Woodland Lane Estates, LLC (2(m) 152 Cal.App.4th 1106, 1117.) Defendant...

Excerpt: ...was filed on November 23, 2022. The FAC states five causes of action, none of which are listed on the caption page. These are: (1) Violation of Civ. Code 51793.2(D); (2) Violation of Civ. Code S1793.2(B); (3) Violation of Civ. Code S1793.2(A)(3); (4) Breach of the Implied Warranty of Merchantability, and; (5) Fraud (fraudulent inducementconcealment). The FAC alleges that, as part of the vehicle lease, Plaintiff entered into a warranty contract wi...

Excerpt: ...e Complaint was filed on September 29, 2022 and states four causes of action: (1) Breach of Contract (alleged against the Steiners only) for breach of the Stock Purchase Agreement ("SPA") and addendums for the sale of Allied Aire Service; (2) Intentional Misrepresentation (alleged against all defendants); (3) Violation of Cal. Business and Professions Code section 17200, et seq. (alleged against all defendants), and; (4) Declaratory Relief (alleg...

Excerpt: ...e the court is Plaintiff's motion for preliminary approval of a settlement, which is unopposed. As discussed below the court is inclined to grant preliminary approval of the settlement agreement. l. Background Plaintiff Cabuag worked for Defendant as hourly-paid, non-exempt employee from March 2015 to May 2018. (See Complaint at '1 19.) The original and still operative Complaint filed on August 1, 2019 states claims for: (1) Violation of Californ...

Excerpt: ...2 U.S. LEXIS 2940] (Viking River). Defendants also seek dismissal of the representative PAGA claim. Plaintiff opposes Defendants' motions. BACKGROUND As alleged in the Complaint, Plaintiff worked for Defendants as a full-time, nonexempt employee from January 2019 until March 16, 2019. (Complaint, 26.) Plaintiff alleges Defendants failed to pay minimum wage and overtime premium wages in violation of California wage and hours laws. (ld., '1 22.) Th...

Excerpt: ...to provide accurate wage statements and failed to provide meal periods and rest breaks as required. Now before the court is Plaintiffs motion for preliminary approval of a settlement, which is unopposed. As discussed the court is inclined to grant preliminary approval of the settlement agreement. l. Background Plaintiff Alcazar worked for Defendant as a canvasser and sales representative from May 2019 to July 12, 2019. Additional Plaintiff Luwana...

Excerpt: ...ts forth causes of action for: (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) Waiting Time Penalties; (6) Wage Statement Violations; (7) Failure to Timely Pay Wages; (8) Failure to Indemnify; and (9) Unfair Competition. Defendant Innovative Facility Services, LLC ("Defendant") now moves for an order compelling Plaintiff to arbitrate her individual ...

Excerpt: ...and (2) Carlos Lopez v. Bay Mountain Air, Inc. et al. (Santa Clara County Superior Court, Case No. 21CV386284) ("Individual Case"). On May 17, 2021, plaintiff Carlos Lopez ("Plaintiff") filed the operative Class Action Complaint ("CAC") in the Lead Case. According to the allegatons of the CAC, Plaintiff worked for defendant Bay Mountain Air, Inc. ("Defendant") as a non-exempt hourly employee installing air conditioners from approximately November...

Excerpt: ...rth the following causes of action: (1) Violation of California Labor Code SS 510 and 1198 (Unpaid Overtime); (2) Violation of California Labor Code SS 1182.12, 1194, 1197, 1197.1, and 1198 (Unpaid Minimum Wages); (3) Violation of California Labor Code SS 226.7, 512(a), 516, and 1198 (Failure to Provide Meal Periods); (4) Violation of California Labor Code SS 226.7, 516, and 1198 (Failure to Authorize and Permit Rest Periods); (5) Violation of Ca...

Excerpt: ...onsolidated 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 an...

Excerpt: ...ock in non-party Wave Computing, Inc. ("Wave") since about August 2017. (TAC, 2.) Wave was a semi-conductor and computer learning company incorporated in Delaware and with its principal place of business in Santa Clara County, CA. (ld. at '1 1.) Wave's ability to succeed depended on the development of its Data Processing unit chip called "Cayenne," which was central to its artificial intelligence system called "Green." (TAC, '1 29.) Plaintiff all...

Excerpt: ...ollectively, "Defendants"), which operate number of McDonald's franchises. The plaintiffs allege that Defendants failed to pay employees for off-the-clock work, failed to provide compliant meal and rest breaks, and committed other wage and hour violations. As alleged in the operative complaint in the lead action Victor Manuel Monroy Chavez v. CAM-BAS, Inc., et al. (Santa Clara County Superior Court, Case No. 20CV372311) (Chavez), Defendants own a...

Excerpt: ...es Ceja Martinez ("Martinez") (collectively, "Plaintiffs") filed a Complaint for Statutory Violations and Attorneys' Fees against defendants Starz Telecom, Inc., Sammy Dean Wilbur Isaacson, and Joshua Michael Wayn Isaacson (collectively, "Defendants"), which sets forth causes of action for: (1) Violation of the California Labor Code section[s] 218.5, 1194, 1194.2, 1771, 1774, 1810, 1815; (2) Failure to Pay Minimum wages and wage set by Statute Ca...

Excerpt: ... (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 a se...

Excerpt: ...ember 29, 2020, defendant Farrah Sipin ("Sipin") filed a Cross-complaint against Velocity Investments, alleging causes of action for: (1) Cal-fornia Fair Debt Buying Practices Act; (2) Fair Debt Collection Practices Act; and (3) Rosenthal Fair Debt Collection Practices Act. Sipin then filed a First Amended Cross-complaint ("FACC") on August 26, 2021, which added alter ego allegations specific to cross-defendant Veluity Portfolio Group, Inc. ("VPG...

Excerpt: ...s and Elsousou LLC (collectively, "Defendants") on June 18, 2021. The original complaint alleged a single cause of action for civil penalties under the Private Attorneys General Act ("PAGA"). On May 4, 2022, the court approved a stipulation entered into between Plaintiff and Defendants, which allowed Plaintiff to file a First Amended Complaint ("FAC"). The same day, Plaintiff filed the operative FAC against Defendants. The FAC sets forth the foll...

Excerpt: ...Pursuant to Labor Code S 2699, et seq. for violations of Labor Code SS 201, 202, 203, 226(a), 225.7, and 2802. Now before the court is Defendant's motion to compel arbitration of Plaintiff's individual PAGA claim and dismiss Plaintiff's representative PAGA claim. Plaintiff opposes the motion. II. REQUEST FOR JUDICIAL NOTICE In connection with his opposition, Plaintiff asks the court to take judicial notice of: (1) a declaration filed In the Los A...

Excerpt: ...ss") agreed that KFEI would serve as a nonexclusive distributor of Cypress products to Japanese companies and their affiliates. On September 10, 2021, KFEI filed the operative First Amended Complaint against Cypress, which sets forth the following causes of action: (1) Breach of Contract; and (2) Breach of the Covenant of Good Faith and Fair Dealing. On May 23, 2022, Cypress filed a Cross-complaint against KFEI and cross-defendant Fujitsu Semicon...

Excerpt: ...d Community Hospital of the Monterey Peninsula ("CHOMP") (collectively, "Defendants") pursuant to the California Rosenthal Fair Debt Collection Practices Act, Civil Code sections 1788-1788.33 ("RFDCPA").2 Plaintiff alleges that Defendants sent him a collection letter dated August 2, 2021. (Complaint, 17-19 & Ex. 1.) Defendants allegedly failed to include the notice required by Civil Code section 1788.14, subdivisions (d)(l) and (2) in their first...

Excerpt: ...ction: (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 C...

Excerpt: ...(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 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) Failure to Timely Pay Fi...

Excerpt: ... for defendant Konica Minolta Business Solutions USA ("Defendant") in California for the four years preceding the filing of the original Complaint on April 2, 2014. (First Amended Complaint, 7.) According to the operative First Amended Complaint, filed on October 29, 2015, Plaintiffs worked as service technicians for Defendant. (ld. at 5.) Defendant allegedly required Plaintiffs and similarly situated service technicians to drive their personal v...

Excerpt: ... forth the following causes of action: (1) Failure to Pay Minimum Wages [Cal. Lab Code SS 204, 1994, 1194.2, and 1197]; (2) Failure to Pay Overtime Compensation [Cal. Lab Code SS 1194 and 1198]; (3) Failure to Provide Meal Periods [Cal. Lab Code SS 226.7 and 512]; (4) Failure to Authorize and Permit Rest Breaks [Cal. Lab Code S 225.7]; (5) Failure to Indemnify Necessary Business Expenses [Cal. Lab Code S 2802]; (6) Failure to Timely Pay Final Wag...

Excerpt: ...e required notce. The Class Action Complaint ("Complaint"), filed on May 14, 2021, sets forth the following causes of action: (1) Violation of California Unfair Competition Law, Cal. Business & Professions Code SS 17200-17210; and (2) Declaratory Judgment. Plaintiffs Rakly Dominguez and Grace Dominguez (collectively, "Plaintiffs") have reached a settlement with defendants All-Pro Bail Bonds, Inc. ("All-Pro"), Bankers Insurance Company, and Banker...

Excerpt: ...on, Schultz Industrial Services, Inc., and Schultz Mechanical Contractors, Inc. (collectively, "Defendants") on January 21 2020, sets forth a single cause of action for Violation of 15 U.S.C. (FCRA). The Plaintiffs has reached a settlement with Defendants. Plaintiff now moves for preliminary approval of the settlement. VI. LEGAL STANDARD Generally, "questions whether a settlement was fair and reasonable, whether notice to the class was adequate, ...

Excerpt: ...e that this affects in any way its ability to be fair and impartial in this case. This is an action arising out of various alleged wage and hour violations. The operative First Amended Class Action and PAGA Representative Action Complaint ("FAC"), filed on July 14, 2021, sets forth causes of action for: (1) Failure to Pay Minimum Wages; (2) Failure to Pay Overtime Wages; (3) Failure to Provide Meal Periods; (4) Failure to Provide Rest Periods; (5...

Excerpt: ...e California, Inc. ("Consolidated"), Verall of MI, Inc. ("Verall"), RCH Companies, Michael Burn, and Patrick Caprarola ("Caprarola"), which set forth the following causes of action: (1) unpaid Wages, Violation of Wage Orders and Labor Code SS 200, et seq., 223, 226.2, 1194; (2) Overtime Wages, Violation of Wage Orders and Labor Code SS 510 and 1194; (3) Failure to Provide Meal Periods or Premium Wages in Lieu Thereof, Violation of Wage Orders and...

Excerpt: ...laint, which set forth a single cause of action for Violation of California Labor Code S 2698, et seq. (California Labor Code Private Attorneys General Act of 2004). The parties have reached a settlement. Plaintiff now moves for approval of the PAGA settlement. The motion is unopposed. X. LEGAL STANDARD under PAGA, an aggrieved employee may bring a civil action personally and on behalf of other current or former employees to recover civil penalti...

Excerpt: ...a Representative Action Complaint, which set forth a single cause of action for Violation of the Private Attorneys General Act [Cal. Lab. Code SS 2698, et seq.]. On December 30, 2020, plaintiff Melissa Freitas ("Freitas") filed an action, Melissa Freitas v. Vitamin Shoppe Industries Inc. (Monterey County Superior Court, Case No. 20-CV003549), which set forth a single cause of action under PAGA. Following mediation, Almadhi, Freitas, and defendant...

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;...

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...

Excerpt: ... Complaint, filed on October 19, 2020, Defendant employed Plaintiff as an hourly non-exempt employee from February 22, 2010 to August 6, 2020. (Complaint, '1 7.) Plaintiff alleges Defendant failed to provide accurate wage statements to its employees. (ld. at 21 & 28.) Specifically, when overtime wages were paid, the wage statements issued to Plaintiff and putative class members identified the overtme rate as half of the regular rate of pay. (Comp...

Excerpt: ...th America Holdings, Inc., and JSR Life Sciences, LLC (collectively, "Defendants") alleging causes of action for: (1) Failure to Pay Minimum Wages; (2) Failure to Pay Overtime Wages; (3) Failure to Provide Meal Periods; (4) Failure to Permit Rest Breaks; (5) Failure to Reimburse Business Expenses; (6) Failure to Provide Accurate Itemized Wage Statements; (7) Failure to Pay All Wages Due Upon Separation of Employment; and (8) Violation of Business...

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 ...

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....

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...

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...

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...

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...

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...

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...

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,...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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,...

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...

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, ...

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...

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...

Excerpt: ...allegations of the operative Third Amended Complaint (“TAC”), filed on July 22, 2022, plaintiff Canyon Bridge Fund I, LP (“Plaintiff”) is a Delaware limited partnership that has held stock in non‐party Wave Computing, Inc. (“Wave”) since about August 2017. (TAC, ¶ 2.) Wave was a semi‐conductor and computer learning company incorporated in Delaware and with its principal place of business in Santa Clara County, CA. (Id. at ¶ 1.) ...

Excerpt: ...m. in Department 19. The court now issues its tentative ruling as follows: IX.INTRODUCTION This is a putative class and representative action arising out of alleged wage and hour violations. According to the allegations of the Class Action Complaint for Damages (“Complaint”), filed on January 22, 2020, plaintiff Jaime Echeverria (“Plaintiff”) was an employee of defendant Tapestry, Inc. dba Coach (“Defendant”). (Complaint, ¶ 7.) Plain...

Excerpt: ...NT The above‐entitled action comes on for hearing before the Honorable Theodore C. Zayner on January 18, 2023, at 1:30 p.m. in Department 19. The court now issues its tentative ruling as follows: VII. INTRODUCTION This putative class action arises out of allegations that defendants The Sobrato Organization, SI VI, LLC, and Alliance Communities Inc. (collectively, “Defendants”) made unlawful deductions to departing tenants' security deposits...

Excerpt: ...MICRO, INC.; JSR NORTH AMERICA HOLDINGS, INC.; JSR LIFE SCIENCES, LLC; and DOES 1 through 20, inclusive, Defendants. Case No. 21CV386334 The above‐entitled action comes on for hearing before the Honorable Theodore C. Zayner on January 18, 2023, at 1:30 p.m. in Department 19. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a consolidated action arising out of various alleged Labor Code violations. On June 23, 2021, ...

Excerpt: ...HP Group, Inc., Evergreen Equity Partners, LLC (“Evergreen”), Bach Lan Thi Le, Kimly Huynh, Andrew Luong, To Tran, and An Nguyen. According to the second amended complaint (“SAC”), Plaintiff owns several investment rental properties. (SAC at ¶ 33.) He is a barber by trade and met Trung when Trung became his customer. (Id. at ¶ 34.) About ten years into their relationship, Trung approached Plaintiff with an offer to invest in properties ...

Excerpt: ...ts (collectively, “Plaintiffs”) are female pediatricians classified as P‐41 County employees employed at Santa Clara Valley Medical Center (“SCVMC”) and Santa Clara Valley Health Care System (“SCVHCS”), both of which are owned and operated by defendant County of Santa Clara (“County”). (See FAC, ¶¶ 1‐ 2.) County also employs male pediatricians as P‐41 County employees at SCVMC and SCVHCS, and Plaintiffs perform the same or...

Excerpt: ...iculty understanding and managing his own financial affairs and therefore his son and daughter‐inlaw, Defendants, offered to help him purchase a home. (SAC, ¶ 1.) On March 24, 2011, Plaintiff and Defendants purchased a residential property (the “Property”) located in Gilroy. (Id., ¶ 2.) When the Property was purchased, title was taken by the parties as joint tenants, with the intention that the home be a place for Plaintiff, whom the part...

Excerpt: ...der the applicable Code of Civil Procedure sections. The motions are DENIED as presented. As responses and objections were served, there is no basis for a motion to compel responses nor a motion to deem admissions admitted. And as the proper motion(s) under such circumstances would be timely motions to compel further responses – which must be brought within 45 days of service of the responses – the motion is DENIED as untimely. The Court is w...

Excerpt: ...uted by Defendant. (Complaint, ¶ 6.) In connection with the purchase, Plaintiff received an express warranty pursuant to which Defendant was to preserve or maintain the Vehicle's utility or performance, or provide compensation in the case of failure to either for a specified period of time. The warranty further provided that in the event a defect developed with the Vehicle during the warranty period, Plaintiff could deliver the Vehicle for repai...

Excerpt: ...�) and did not specifically provide for posthumously‐conceived children in his will. And so, a dispute arose between Plaintiff, individually and on behalf of her children, and Defendant, individually and as administratrix of Pesic's estate. Currently before the Court are two motions: (1) Defendant's motion to compel Plaintiff to provide a further response to an interrogatory; and (2) Defendant's request for all manner of sanctions.1 II. Motion ...

Excerpt: ...o the allegations of the operative complaint (“Complaint”), on February 16, 2017, Plaintiff was admitted to the hospital in Santa Cruz after suffering a stroke, which left him unable to perform certain physical movements and for some time affected his verbal and mental acuity and abilities. (Complaint, ¶ 6.) At the time of his stroke, William and Valerie were in the midst of a highly‐contested marital dissolution action, with a community e...

Excerpt: ...In October 2010, Brassfield and defendant Paul S.S. Elias (“Elias”) entered into a written contract for the remodeling of Brassfield's home. (FAC, ¶¶ 1 & 25.) The contract provided that Elias would add a basement and a new ground floor to the property, with construction scheduled to be completed by July 20, 2011. (Id. at ¶ 25.) Construction commenced on November 1, 2010 as contemplated by the parties, but was not completed by the July 20, ...

Excerpt: .... According to the allegations of the underlying complaint (the “Complaint”), pursuant to a written agreement dated July 16, 2015 (the “Lease”), Cross‐Defendants leased a commercial real property located at 1566 South 7th Street in San Jose (the “Premises”) to Celebuddy for the purpose of operating a medical cannabis facility. (Complaint, ¶¶ 1, 4, Exhibits A and B.) Tran, the President of Celebuddy, signed a written Guaranty of th...

Excerpt: ...rst Amended Complaint (“FAC”), BitClave is a private company with its principle place of business in San Jose that developed a blockchain‐based platform called BitClave Active Search Ecosystem, which allows consumers to control when and how they share data with retail companies. (FAC, ¶ 9.) In exchange, consumers earn Consumer Activity Tokens (‘CAT”). (Id.) At the time the company was founded in July 2017, it had two shareholders: Alex...

Excerpt: ...he Coffee Bean and Tea Leaf when she fell and suffered severe injuries while using the restroom. (First Amended Complaint [“FAC”] at ¶ 10.) The condition of the floor in the restroom caused Plaintiff to fall. (Ibid.) Plaintiff alleges that defendants occupied and controlled the subject premises. (Id. at ¶¶ 11, 17.) Plaintiff claims defendants were negligent by failing to use reasonable care to keep the property in a reasonably safe conditi...

Excerpt: ...nts County of Santa Clara (“County”), JP Dinapoli Companies, erroneously sued as Dinapoli Companies & Ruwan (“Dinapoli”) and D&D Ranch (“D&D”) (collectively, “Defendants”), where she slipped on the floor of the premises, injuring herself. (See complaint, ¶ Prem L‐1, p.4.) On October 3, 2016, Plaintiff filed a form complaint against Defendants, asserting a cause of action for premises liability with counts for: 1) Premises liabi...

Excerpt: ...ex Assurance Group, Inc. They initially wired $75,000 to an escrow agent, namely defendant Gregory L. Davis (“Davis”). They subsequently wired an additional $175,000, which was deposited with Swiss Monex Global, AG in the Bahamas. They had to take out a home‐equity loan to secure the $175,000 payment. By September 2017, Yuan had not returned the $250,000 they fronted for the transaction. In September 2018, Yuan executed a promissory note in...

Excerpt: ...wagen Group of America, Inc. (“Volkswagen”) undertook to preserve or maintain the utility or performance of Plaintiff's vehicle or to provide compensation if there was a failure in such utility or performance. (Id. at ¶¶ 9, 17.) The sale of the vehicle included an express warranty guaranteeing the subject vehicle was safe to drive and not equipped with defective parts, including the engine, electrical, and suspension. (Id. at ¶ 47.) The sa...

Excerpt: ...re the occurrence of an Urban liquidity event creating distributable cash resources in such an amount sufficient to fully repay the loan. (See second amended complaint (“SAC”), ¶ 9.) On January 18, 2016, Plaintiff was informed of an Urban liquidity event, and Plaintiff made a written demand for repayment in May 2016. (See SAC, ¶ 10.) On December 19, 2017, Plaintiff made a payment of $124,000, leaving a balance due of $858,365, but Defendant...

Excerpt: ...� 18; see also Def.'s request for judicial notice, exh. 4,.) Despite the deed of trust plainly listing the Belletto Dr. property, and not listing a different property, Plaintiff mistakenly thought that the loan was secured by a different property in San Juan Bautista. (See SAC, ¶ 18.) From 2002 to 2009, Plaintiff made all payments on the San Juan Bautista property, but nevertheless, in 2009, the San Juan Bautista property was foreclosed upon. (S...

Excerpt: ...e Coffee Bean and Tea Leaf when she fell and suffered severe injuries while using the restroom. (First Amended Complaint [“FAC”] at ¶ 10.) The condition of the floor in the restroom caused Plaintiff to fall. (Ibid.) Plaintiff alleges that defendants occupied and controlled the subject premises. (Id. at ¶¶ 11, 17.) Plaintiff claims defendants were negligent by failing to use reasonable care to keep the property in a reasonably safe conditio...

Excerpt: ...nts County of Santa Clara (“County”), JP Dinapoli Companies, erroneously sued as Dinapoli Companies & Ruwan (“Dinapoli”) and D&D Ranch (“D&D”) (collectively, “Defendants”), where she slipped on the floor of the premises, injuring herself. (See complaint, ¶ Prem L‐1, p.4.) On October 3, 2016, Plaintiff filed a form complaint against Defendants, asserting a cause of action for premises liability with counts for: 1) Premises liabi...

Excerpt: ...ex Assurance Group, Inc. They initially wired $75,000 to an escrow agent, namely defendant Gregory L. Davis (“Davis”). They subsequently wired an additional $175,000, which was deposited with Swiss Monex Global, AG in the Bahamas. They had to take out a home‐equity loan to secure the $175,000 payment. By September 2017, Yuan had not returned the $250,000 they fronted for the transaction. In September 2018, Yuan executed a promissory note in...

Excerpt: ...wagen Group of America, Inc. (“Volkswagen”) undertook to preserve or maintain the utility or performance of Plaintiff's vehicle or to provide compensation if there was a failure in such utility or performance. (Id. at ¶¶ 9, 17.) The sale of the vehicle included an express warranty guaranteeing the subject vehicle was safe to drive and not equipped with defective parts, including the engine, electrical, and suspension. (Id. at ¶ 47.) The sa...

Excerpt: ...re the occurrence of an Urban liquidity event creating distributable cash resources in such an amount sufficient to fully repay the loan. (See second amended complaint (“SAC”), ¶ 9.) On January 18, 2016, Plaintiff was informed of an Urban liquidity event, and Plaintiff made a written demand for repayment in May 2016. (See SAC, ¶ 10.) On December 19, 2017, Plaintiff made a payment of $124,000, leaving a balance due of $858,365, but Defendant...