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: ...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: ... 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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... (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: ...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: ...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: ...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: ...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: ...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: ...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: ...(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: ...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 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: ... 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: ... 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: ...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: ...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: ... 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...