Excerpt: ...press" agreed that KFEI would serve as a nonexclusive distributor of Cypress products to Japanese companies and their affliates. 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 followng causes of action: (1) Breach of Contract; and...

Excerpt: ...l; Discovery Motions filed on August 14, 2023 (Hon. Zayner) and is not repeated here. Court records show a trial conference scheduled for October 11, 2023, and a jury trial scheduled to begin October 16, 2023. Before the court is Defendant's motion for (1) an order compelling Plaintiff to withdraw its request to claw back three documents, ALORICA-01860037, ALORICA-01902906, ALORICA-01866965 (the "Clawed Back Documents"); (2) a finding that Plaint...

Excerpt: ... required notice. 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: ...flights. Plaintiffs Claire Reedy, Victoria Rosales, and Roman Chepulskyy (collectively, "Plaintiffs") contend that Defendant advertises that it does not charge "change fees" or "cancel fees" for fts plane tickets. They assert that they each purchased plane tickets from Defendant but they later had to cancel or reschedule their flights. They were issued travel credits which displayed expiration dates. Because customers may not be able to use their...

Excerpt: ... against defendants CA FG8 Operation, LLC and CA FG8 Sunnyvale, LLC (collectively, "Defendants") on behalf of any and all persons who are or were hourly, non-exempt employees who worked in Defendants' restaurant locations in California. (Complaint, '1 2.) Plaintiff alleges that Defendants implemented policies and practices that resulted in the failure to pay minimum wages, failure to provide lawful meal periods, failure to timely pay wages during...

Excerpt: ...dlong") (collectively, "Plaintiffs") filed a Complaint alleging causes of action for: (1) Failure to Pay Minimum Wage (Lab. Code S 1194 and IWC Wage Orders); (2) Failure to Pay Overtime (Lab. Code SS 510, 1194); (3) Failure to Provide Authorized Meal Periods (Lab. Code SS 226.7, 512, IWC Wage Orders); (4) Failure to Provide Authorized Rest Periods (Lab. Code SS 225.7, 512, IWC Wage Orders); (5) Failure to Pay All Wages upon Discharge (Lab. Code S...

Excerpt: ...) and Peter Wh-te ("White") (collectively, "Plaintiffs") on June 28, 2023, sets forth causes of action for: (1) Failure to Pay Prevailing Wages, Lab. Code S 1720 et seq.; (2) Unfair Competition, Business & Professions Code SS 17200-09; and (3) Violations of the Labor Code Private Attorneys General Act of 2004, Lab. Code SS 2698 et seq. On August 28, 2023, the court granted Plaintiffs' request for dismissal of White's claims without prejudice. Now...

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: ...3, 2023, at 1:30 p.m. in Department 19. The court now issues its tentative ruling as follows: l. INTRODUCTION These are two coordinated cases arising out of alleged Labor Code violations. On June 11, 2015, plaintiff Adrian Turner ("Turner") filed a putative class action against her former employer, defendant Corinthian International Parking Services, Inc. ("Defendant"), alleging various Labor Code violations in 2015 ("Turner Acton"). On January 2...

Excerpt: ...nd hour action against defendants Stevens Creek Quarry, Inc. and Richard A. Voss (collectively, "Defendants"). On March 29, 2018, Shuff filed a First Amended Complaint, adding John Howland ("Howland") as a plaintiff and class representative. Howland and Shuff were dismissed as plaintiffs on April 24, 2019 and November 1, 2019, respectively. On November 6, 2019, the Second Amended Complaint was filed, adding Christopher Bryan ("Bryan") as a plaint...

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: ...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: ... 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: ...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: ..."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: ...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: ...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: ..."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: ...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...