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Location: Santa Clara x
Judge: Zayner, Theodore C x
2023.12.13 Motion for Preliminary Approval of Settlement, for Determination of Good Faith Settlement 709
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.12.13
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...
2023.12.13 Motion for Preliminary Approval of Class Action and PAGA Action Settlement 334
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.12.13
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...
2023.12.13 Motion for Final Approval of Class Action Settlement 262
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.12.13
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...
2023.12.13 Motion for Preliminary Approval of Class Action Settlement 800
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.12.13
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...
2023.12.06 Motion to Strike, for Summary Judgment, Adjudication, to Seal 971
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.12.06
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...
2023.12.06 Motion to Compel Further Responses 705
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.12.06
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)...
2023.12.06 Motion for Final Approval of Settlement 033
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.12.06
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...
2023.12.06 Motion for Approval of PAGA Settlement 218
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.12.06
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...
2023.11.29 Motion to Compel Arbitration 047
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.11.29
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 ...
2023.11.29 Motion for Approval of PAGA Settlement 068
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.11.29
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...
2023.11.29 Motion for Approval of PAGA Settlement, to Intervene 491
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.11.29
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...
2023.11.29 Motion to Compel Arbitration 762
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.11.29
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...
2023.11.29 Motion to Lift Stay of Proceedings, for Leave to Amend Complaint 998
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.11.29
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...
2023.11.29 Motion to Strike FAC 147
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.11.29
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...
2023.11.15 Petition for Coordination 252
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.11.15
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...
2023.11.15 Motion to Disqualify Counsel 939
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.11.15
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.,...
2023.11.15 Motion to Compel Arbitration 220
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.11.15
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...
2023.11.15 Motion for Judgment on the Pleadings, for Summary Judgment, Adjudication 705
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.11.15
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) ...
2023.11.15 Motion for Final Approval of Class and Representative Action Settlement 519
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.11.15
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 ...
2023.11.15 Motion for Final Approval of Class Action Settlement 163
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.11.15
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...
2023.11.15 Demurrer 762
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.11.15
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...
2023.11.08 Motion to Stay 732
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.11.08
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 ...
2023.11.08 Motion to Stay 007
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.11.08
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...
2023.11.08 Motion to Stay 002
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.11.08
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)...
2023.11.08 Motion for Preliminary Approval of Class Action Settlement 656
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.11.08
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...

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