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: ...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: ...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: ... 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: ...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) ...

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: ...) 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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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...