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Location: Santa Clara x
Judge: Zayner, Theodore C x
2024.01.31 Motion to Dismiss, to Quash Service of Summons and Complaint 981
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.01.31
Excerpt: ...his investment in a blockchain project known as the Internet Computer Protocol (“ICP”), which is operated by defendant DÞnity USA Research LLC (“DÞnity USA”). On May 8, 2023, Plainti¯ Þled a Complaint against Williams and DÞnity USA (collectively, “Defendants”), setting forth causes of action for: (1) Tortious Interference with Contract; (2) Tortious Interference with Prospective Economic Advantage; (3) Breach of Fiduciary Duty;...
2024.01.31 Motion to Compel Arbitration of Individual PAGA Claims and Stay Representative PAGA Claim 358
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.01.31
Excerpt: ...Labor Code section 226. The Representative Action Complaint, Þled by plainti¯ Anne Elizabeth Dauphinais (“Plainti¯”) on August 4, 2023, sets forth a single cause of action for violation of Labor Code section 2698, et seq. (“PAGA). Now before the court is Defendant's motion to compel Plainti¯ to arbitrate her individual PAGA claim and stay her representative PAGA claim. Plainti¯ Þled an opposition to the motion. II. REQUEST FOR JUD...
2024.01.31 Motion to Compel Arbitration 936
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.01.31
Excerpt: ...de section 226. The Class Action Complaint, Þled by plainti¯ Anne Elizabeth Dauphinais (“Plainti¯”) on June 23, 2023, sets forth a single cause of action for violation of Labor Code section 226. Now before the court is Defendant's motion to compel Plainti¯ to arbitrate her individual claim and dismiss her class claims. Plainti¯ Þled an opposition to the motion. II. REQUEST FOR JUDICIAL NOTICE In connection with its moving papers, De...
2024.01.31 Motion for Preliminary Approval of Settlement 445
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.01.31
Excerpt: ...unoz Nava (“Plainti¯”) Þled the operative First Amended Class Action Complaint (“FAC”) against Defendant, which sets forth the following causes of action: (1) Failure to Provide Required Meal Periods; (2) Failure to Provide Required Rest Breaks; (3) Failure to Pay Overtime Wages; (4) Failure to Pay Minimum Wages; (5) Failure to Pay Timely Wages; (6) Failure to Pay All Wages Due to Discharged and Quitting Employees; (7) Failure to Furni...
2024.01.24 Motion for Summary Judgment, Adjudication 238
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.01.24
Excerpt: ...tornevs investigation and prosecution of police misconduct. On December 10, 2021, the City filed a Verified Complaint for Declaratory Relief ("Complaint") seeking a judicial determination as to the scope of the District Attorney's access to police officer records under Penal Code section 832.7, subdivision (a). (Complaint, "1 8, 41, & 44.) Specifically, the City asked for determinations as to whether it may disclose police officer personnel recor...
2024.01.24 Motion for Final Approval of Settlement 961
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.01.24
Excerpt: ...ets forth causes of action for: (1) Failure to Pay All Wages; (2) Failure to Provide Meal Periods or Compensation in Lieu Thereof; (3) Failure to Permit Rest Periods or Provide Compensation in Lieu Thereof; (4) Knowing and Intentional Failure to Provide Accurate Itemized Wage Statements; (5) Waiting Time Penalties; (6) Failure to Reimburse Business Expenses; (7) Violations of Unfair Competition Law; and (8) Violation of the Private Attorneys Gene...
2024.01.24 Motion for Final Approval of Settlement 777
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.01.24
Excerpt: ... The operative Second Amended Complaint ("SAC"), filed on January 27, 2022, sets forth the following causes of action: (1) Failure to Pay Minimum Wages; (2) Failure to Pay Overtime Wages; (3) Failure to Provide Meal Periods; (4) Failure to Permit Rest Breaks; (5) Failure to Provide Accurate Itemized Wage Statements; (6) Failure to Pay All Wages Due upon Separation of Employment; (7) Violation of Business and Professions Code SS 17200, et seq.; an...
2024.01.24 Motion for Final Approval of Settlement 260
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.01.24
Excerpt: ...f action: (1) Failure to Provide Meal Periods; (2) Failure to Permit Rest Breaks; (3) Failure to Provide Accurate Itemized Wage Statements; (4) Failure to Pay All Wages Due upon Separation of Employment; (5) Violation of Business and Professions Code SS 17200, et seq. ("UCL"); (6) Failure to Reimburse Business Expenses; and (7) Enforcement of Labor Code S 2698 et seq. ("PAGA"). The parties reached a settlement. Plaintiff Tracee Sheppard ("Plainti...
2024.01.24 Application for Leave to Amend Complaint 142
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.01.24
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...
2024.01.17 Motion for Attorney Fees 008
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.01.17
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. ...
2024.01.17 Motion for Attorney Fees 010
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.01.17
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...
2024.01.17 Motion for Final Approval of Class and Representative Action Settlement 281
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.01.17
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...
2024.01.17 Motion for Preliminary Approval of Class Action Settlement 173
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.01.17
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 ...
2024.01.17 Motion to be Relieved as Counsel 091
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.01.17
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...
2024.01.10 Motion to Reopen Written Discovery and Set New Cutoff Date 939
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.01.10
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...
2024.01.10 Motion to Compel Further Responses 472
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.01.10
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...
2024.01.10 Motion to Compel Arbitration 697
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.01.10
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...
2024.01.10 Motion to Compel Arbitration 144
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.01.10
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...
2024.01.10 Motion for Preliminary Approval of Settlement 108
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.01.10
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...
2024.01.10 Motion for Final Approval of Settlement 092
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.01.10
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 ...
2024.01.10 Motion for Final Approval of Class Action Settlement 173
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.01.10
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...
2023.12.20 Motion to be Relieved as Counsel 419
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.12.20
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...
2023.12.20 Motion for Final Approval of Settlement 152
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.12.20
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...
2023.12.13 Motion to Stay Discovery 981
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.12.13
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 ...
2023.12.13 Motion to Compel Arbitration and Stay Action 472
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.12.13
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...

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