Excerpt: ... forth the following causes of action: (1) Failure to Pay All Wages Owed; (2) Failure to Provide Meal and Rest Periods; (3) Failure to Pay Wages on Separation; (4) Failure to Maintain Accurate Time Records; (5) Failure to Provide Accurate Itemized Wage Statements; (6) Recovery Under Private Attorneys General Act (PAGA); and (7) Unfair Competition Law. Defendants demurred to each and every cause of action of the Complaint on the ground of failure ...

Excerpt: ... 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 Reimburse Business Expenses; (6) Failure to Provide Accurate Itemized Wage Statements; (7) Failure to Pay All Wages Due Upon Separation of Employment; (8) Violation of Business and Professions Code SS 172(L et seq.; and (9) Enforcement of Labor Code SS 26...

Excerpt: ...nst defendants L Brands, Inc., Victoria's Secret Stores, Inc., and Victoria's Secret Stores, LLC (collectively, "Defendants") on February 3, 2020, sets forth a single cause of action for Violation of 15 U.S.C. (FCRA). he Plaintiffs reached a settlement with Victoria's Secret Stores, LLC. On January 11, 2023, the court granted preliminary approval of the class achon settlement. The court approved the amended class notice the following day. Plainti...

Excerpt: ...h the following causes of action: (1) Failure to Pay Minimum Wages [Cal. Lab. Code SS 204, 1194, 1194.2, and 1197]; (2) Failure to Pay Overtme Compensation [Cal. Lab. Code SS 1194 and 1198]; (3) Failure to Provide Meal Periods [Cal. Lab. Code SS 226.7, 5121; (4) Failure to Authorize and Permit Rest Breaks [Cal. Lab. Code SO 226.7]; (5) Failure to Indemnify Necessary Business Expenses [Cal. Lab. Code S 28021; (5) Failure to Timely Pay Final Wages ...

Excerpt: ...ed on November 4, 2021, sets forth the following causes of action: (1) Failure to Reimburse Business Expenses (Labor code S 2802); (2) UC Violations (Cal. Bus. & Prof. code SS 17200-17204); and (3) PAGA Penalties (Labor Code S 2698 et seq.). The parties have reached a settlement. Plaintiff Valerie Boyer ("Plaintiff") now moves for preliminary approval of the settlement. II. LEGAL STANDARD Generally, "questions whether a settlement was fair and re...

Excerpt: ...l. (PAGA), Superior Court of California, County of San Mateo, Case No. 22-ClV-04928. Case No.: 22CV396584 The above- entitled action comes on for hearing before the Honorable Theodore C. Zayner on August 23, 2023, at 1:30 p.m. in Department 19. The court now issues its tentative ruling as follows: l. INTRODUCTION This coordinated action involves four cases: (1) Jesus Beltran v. Recology South Bay, et al. (Case No. 22CV396584, Santa Clara County S...

Excerpt: ... California Labor Code SS 510 and 1198 (Unpaid Overtime); (2) Violation of California Labor Code SS 226.7 and 512(a) (Unpaid Meal Period Premiums); (3) Violation of California Labor Code S 226.7 (Unpaid Rest Period Premiums); (4) Violation of California Labor Code SS 1194, 1197, and 1197.1 (Unpaid Minimum Wages); (5) Violation of California Labor Code SS 201 and 202 (Final Wages Not Timely Paid); (5) Violation of California Labor Code S 204 (Wage...

Excerpt: ...uying Practices Act ("CFD8PA" or the "Act," Civ. Code, SS 1788.50— 1788.66). The Class Action Complaint, filed on December 7, 2020, sets forth a cause of action for violation of Civil Code secton 1788.52, subdivision and asserts Plaintiff and the class are entitled to statutory damages and attorney's fees and costs under Civil Code section 1788.62, subdivisions (a)-( c). On February 23, 2022, the court granted Defendants' moton to seal financia...

Excerpt: ...old omitted), filed on March 23, 2023, sets forth the following causes of achon: (1) unpaid overtme (Lab. Code, SS 510, 1198); (2) unpaid minimum wages (Lab. Code, SS 1182.12, 1194, 1197, 1197.1, 1198); (3) failure to provide meal periods (Lab. Code, SS 226.7, 512, subd. (a), 516, 1198); (4) failure to authorize and permit rest periods (Lab. Code, SS 226.7, 516, 1198); (5) non-compliant wage statements and failure to maintain accurate payroll rec...

Excerpt: ..."Bridges l" I—against 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 period premiums, provide employees all rest periods to which they were entitled, pay rest period premiums, pay minimum wages for all hours worked,...

Excerpt: ...orth causes of achon for: (1) Violation of 15 U.S.C. SS (FCRA); and (2) Violation of 15 U.S.C. SS 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, which sets forth causes of action for: (1) Violation of 15 U.S.C. (FCRA); and (2) Violation ...

Excerpt: ...laint, filed by plaintiff Akimasia Walker ("Plaintiff") on January 20, 2023, sets forth a single cause of action for violation based on allegations that Defendant failed to timely pay wages, provde legally compliant meal and rest periods, pay wages during employment, reimburse necessary business expenses, pay wages due upon separation of employment, pay waiting tme penalties, furnish accurate wage statements, and maintain accurate records. Now be...

Excerpt: ..."FCRA") and violations of wage and hour laws. The Class Action Complaint, filed on July 27, 2020, sets forth causes of action for: (1) Violation of 15 U.S.C. SS 1681b(b)(2)(A) (FCRA); (2) Failure to Provide Meal Periods (Lab. Code SS 204, 223, 226.7, 512 and 1198); (3) Failure to Provide Rest Periods (Lab. code SS 204, 223, 226.7 and 1198); (4) Failure to Pay Hourly wages (Lab. code 223, 510, 1194, 1194.2, 1197, 1997.1 and 1198); (5) Failure to P...

Excerpt: ...s") agreed that KFEI would serve as a nonexclusive distributor of Cypress products to Japanese companies and their affiliates. On November 25, 2019, KFEI filed a complaint against Cypress, alleging claims for: (1) Breach of Contract; and (2) Breach of the Covenant of Good Faith and Fair Dealing. On September 10, 2021, KFEI filed a First Amended Complaint against Cypress, which set forth the following causes of action: (1) Breach of Contract; and ...

Excerpt: ...ds of products from 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- 6000, FG-1500D, FG-3200D, and FG-3960E; Fortinet FortiSwitch models FSW-248D, FSW-248D-FPOE, FSW- 248E-FPOE, FSW-448D, FSW-448D-FPOE, and FSW1024D; and network management software including FortiManager, FortiAnalyzer, and For...

Excerpt: ...s 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 Termination; (7) Unfair Competition; and (8) PAGA Penalties. The parties have reached a settlement. Plaintiff Anicia Cisneros ("Plaintiff") now moves for preliminary approval of the settlement. The...

Excerpt: ...forth the following causes of achon: (1) Meal and Rest Break Violations (Labor Code SS 200, 226.7, and 512, and 12 C.C.R. S 11040; (2) Failure to Pay Minimum Wage and Overtme (Welfare Commission Orders and Labor Code SS 510 and 1194); (3) Failure to Provide Proper Wage Statements and Maintain Accurate Records (Labor Code SS 226 and 1174); (4) Unfair Business Practices (Business and Professions Code S 17200, et seq.); (5) Failure to Pay Wages at t...

Excerpt: ...cisco Duenas Orellana ("Orellana") and Ronald Lopez Mendez ("Mendez") (collectively, "Plaintiffs") on July 29, 2022, sets forth the following causes 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 wages (Cal. Lab. code 1194 and 1198); (3) Failure to Provide Meal Periods (Cal. Lab. Code SS 226.7, 512); (4) Failure to Authorize and Permit Rest Periods (Cal. L...

Excerpt: ...ntiff 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 an electric vehicle man...

Excerpt: ..."Plaintiffs") against defendants L Brands, Inc., Victoria's Secret Stores, Inc., and Victoria's Secret Stores, LLC (collectively, "Defendants") on February 3, 2020, sets forth a single cause of acton for Violation of 15 U.S.C. (FCRA). he Plaintiffs reached a settlement with Victoria's Secret Stores, LLC. On January 11, 2023, the court granted preliminary approval of the class action settlement. The court approved the amended class notice the foll...

Excerpt: ...class achon Complaint against defendants JSR Micro, Inc., JSR North 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...

Excerpt: ...ourt ("Montano"); and (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...

Excerpt: ... ("P"") and protected health information ("PHI") from unauthorized access. (First Amended Complaint ("FAC"), '1 4.) As a result of SARC's conduct, unknown and unauthorized persons allegedly accessed and viewed class members' PII and PHI through SARC's remote desktop portal. (ld. at 5 & 7.) On or about August 27, 2021, SARC provided notice of the security breach to over 57,000 people regarding the unauthorized access of their PII and PHI. (FAC, 6,...

Excerpt: ... the following causes of action: (1) Failure to Pay All Wages Owed; (2) Failure to Provide Meal and Rest Periods; (3) Failure to Pay Wages on Separation; (4) Failure to Maintain Accurate Time Records; (5) Failure to Provide Accurate Itemized Wage Statements; (6) Recovery under Private Attorneys General Act (PAGA); and (7) Unfair Competition Law. Now before the court is the demurrer by Defendants to each and every cause of action of the Complaint ...

Excerpt: ...rth 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 Reimburse Business Expenses; (6) Failure to Provide Accurate Itemized Wage Statements; (7) Failure to Pay All Wages Due Upon Separation of Employment; (8) Violation of Business and Professions Code SS 17200, et seq.; and (9) Enforcement of Labor Code SS 2598...

Excerpt: ...rvind 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 June 5, 2023, defendant Arvind Srinivasan ("Srinivasan") filed: (1) a Notice of Discovery Referee's Order of May 1, 2023, Granting in Part Defendants' M...

Excerpt: ...ls ("Plaintiff") was hired by defendants Northrop Grumman Systems Corporation and Northrop Grumman Corporation (collectively, "Defendants") in May 2010 as an hourly, non- exempt employee. (Complaint, 10.) Plaintiff alleges that Defendants violated various wage and hour laws, including requiring Plaintiff and the putative class to go through security checks, failing to provide meal periods, failing to reimburse for business expenses such as the pu...

Excerpt: ... wage and hour laws. The Class Action Complaint, filed on July 27, 2020, sets forth causes of action for: (1) Violation of 15 U.S.C. SS (FCRA); (2) Failure to Provide Meal Periods (Lab. code 204, 223, 226.7, 512 and 1198); (3) Failure to Provide Rest Periods (Lab. Code SS 204, 223, 226.7 and 1198); (4) Failure to Pay Hourly wages (Lab. code SS 223, 510, 1194, 1194.2, 1197, 1997.1 and 1198); (5) Failure to Pay vacation Wages (Lab. Code S 227.3); (...

Excerpt: ...g company. Market Street filed suit in May 2019, seeking among other relief the involuntary dissolution of MSD-DV and liquidation of real property assets. ay order dated November 6, 2019, the court (Hon. Peter Kirwan) granted AVID's motion to stay the prueedings and fix the value of Market Street's interest, under Corporations Code section 17707.03 and ordered the parties to supply a list of six appraisers from which the court would appoint the t...

Excerpt: ...rth causes of achon for: (1) Violation of 15 U.S.C. SS (FCRA); and (2) Violation of 15 U.S.C. SS 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, which sets forth causes of action for: (1) Violation of 15 U.S.C. (FCRA); and (2) Violation o...

Excerpt: ... 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 General...

Excerpt: ...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 ("Plaintiff...

Excerpt: ...ornia Labor Code SS 510 and 1198 (Unpaid Overtime); (2) Violation of California Labor Code SS 226.7 and 512(a) (Unpaid Meal Period Premiums); (3) Violation of California Labor Code S 226.7 (unpaid Rest Period Premiums); (4) Violation of California Labor Code SS 1194, 1197, and 1197.1 (Unpaid Minimum Wages); (5) Violation of California Labor Code SS 201 and 202 (Final Wages Not Timely Paid); (6) Violation of California Labor Code S 204 (Wages Not ...

Excerpt: ...tral Coast 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 M...

Excerpt: ... (1) Civil 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 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: ...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.; and...

Excerpt: ...orth the 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 reached a settlement. Plaintiffs Erlinda Reyes and J...

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: ...s 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) Violation of Cal....

Excerpt: ...inant Osman Yunus Guracar ("Guracar"). (Complaint, "14-6.) 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 "1 6, 8.) The last activity on the account occurred within the four years prior to the filing of the Complaint. (l...

Excerpt: ...tiff Jose Francisco Hernandez Garcia ("Plaintiff") on May 17, 2021, sets forth a single cause of action for civil penalties pursuant to the Private Attorneys General Act of 2004 ("PAGA"). According to the Complaint, Plaintiff worked for Defendants from approximately October 2017 to May 2020 as an hourly, nonexempt employee. (Complaint, 21.) During this time, he and other California employees were not compensated for all hours worked, missed meal ...

Excerpt: ...co Duenas Orellana ("Orellana") and Ronald Lopez Mendez ("Mendez") (collectively, "Plaintiffs") on July 29, 2022, sets forth the following causes 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 wages (Cal. Lab. code 1194 and 1198); (3) Failure to Provide Meal Periods (Cal. Lab. Code SS 226.7, 512); (4) Failure to Authorize and Permit Rest Periods (Cal. Lab....

Excerpt: ...ss action Complaint aga-nst defendants JSR Micro, lnc„ JSR North 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 ...

Excerpt: ...ion: (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 Wages Timely During Employment; (7) Failure to Pay Wages Due upon Separation of Employment; and (8) Violation of Business and Professions Code SS 17200, et seq. On July 11, 2022, Plaintiff filed a First Amended Class Acton Comp...

Excerpt: ...he 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.; and ...

Excerpt: ... (1) Breach of Contract; (2) Fraud; (3) Fraud in the Inducement; (4) Negligent Misrepresentation; (5) Violation of Unfair Business Practices Act; (6) Escrow Negligence; (7) Negligent Supervision; (8) Breach of Fiduciary Duty; (9) Breach of Written Contract; (10) Violation of Uniform Fraudulent Transfers Act; and (11) Aiding and Abetting in the Commission of a Tort. On December 17, 2018, the court granted defendant Chicago Title Company's ("Chicag...

Excerpt: ...n connection with defendant Cloudera, Inc.'s ("Cloudera") acquisition of and merger with Hortonworks, Inc. ("Hortonworks"). According to the allegations of the operative Consolidated Class Action Complaint ("Complaint"), filed on August 5, 2019, Cloudera is a Delaware corporation with its principal executive offices located in Palo Alto, and is purportedly an enterprise data cloud company. (Complaint, '1 15.) Intel Corporation ("Intel") is a semi...

Excerpt: ...Eaglin" (collectively, "Plaintiffs") on August 18, 2022, sets forth causes of achon 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; (5) Failure to Maintain Required Records; (7) Failure to Furnish Accurate Itemized Wage Statements; (8) Failure to Indemnify Empl...

Excerpt: ...gainst 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 SS 510, 588, and 1194; (2) ...

Excerpt: ...forth a single cause of action for Civil Penalties (Lab. Code SS 2698, et seq.). The parties have reached a settlement of the PAGA claim. Plaintiff Tuan Hoang ("Plaintiff") now mcwes for approval of the settlement. The moton is unopposed. VII. LEGAL STANDARD under PAGA, an aggrieved employee may bring a civil achon personally and on behalf of other current or former employees to recover civil penalties for Labor Code violations. Oskanian v. CLS T...