Excerpt: ...iginal Complaint against defendants Ruby Thai Valley Fair, LLC and Yuh Mei Chiou on November 8, 2018. The Complaint set forth the following causes of action: (1) Failure to Properly Pay Minimum and Overtime Wages; (2) Failure to Pay Wages Due and "Waiting Time" Penalties; (3) Failure to Provide Accurate Wage Stubs; (4) Failure to Provide Meal Periods or Compensation in Lieu Thereof; and (5) Restitution for Unfair Business Practices. On February 5...

Excerpt: ...l 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 operative 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: ...n of 15 U.S.C. SS 1681b(b)(2)(A) (Fair Credit Reporting Act); (2) Violation of 15 U.S.C. SS 1681d(a)(1) and 1681g(c) (Fair Credit Reporting Act); (3) Violation of California Civil Code S 1785 et seq. (Investigative Consumer Reporting Agencies Act); (4) Violation of California Civil Code S 1785 et seq. (Consumer Credit Reporting Agencies Act); (5) Failure to Provide Meal Periods (Lab. Code SS 204, 223, 226.7, 512 and 1198); (5) Failure to Provide ...

Excerpt: ...ime 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; and (7) Violation of Business and Professions Code SS 17200, et seq. On July 10, 2020, Plaintiff filed the operative First Amended Class Action Complaint ("FAC"), which added an eighth cause of achon for Enforcement of Labor Code S 2698, et seq....

Excerpt: ...Corporation, Deluxe Check Printers, and Deluxe Manufacturing Operations, LLC ("OMO") (collectively, "Defendants") on January 6, 2020. The FAC sets forth the following causes of action: (1) Failure to Provide Meal Periods (Lab. code SS 204, 223, 225.7, 512 and 1198); (2) Failure to Provide Rest Periods (Lab. code SS 204, 223, 225.7 and 1198); (3) Failure to Pay Hourly and Overtme Wages (Lab. Code SS 223, 510, 1194, 1197 and 1198); (4) Failure to P...

Excerpt: ...le 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 a...

Excerpt: ...dent Santa Clara Valley Water District ("District"). In its April 28, 2022 Notice of Exemption ("NOE") the District allegedly found that the Project was exempt from CEQA under two categorical exemptions from CEQA set forth in the CEQA Guidelines (14 C.C.R. S 15000 et seq„ "Guidelines"). These are the "Minor Alterations to Land" exemption (Guidelines S 15304), sometimes referred to as a "Class 4 "exemption, and the "Information Collection" exemp...

Excerpt: ...nt and cross- complainant Meritage Homes of California, Inc. ("Meritage"). Plaintiffs Yalanda and Hriam Birdsong, the Bohlig Living Trust, Melissa and Basilisa Beltran, Timothy Frasch, Michael and Olivia Holt, Djenne-Sukari and Dequal Nathaniel, Henry Nguyen, Erwin and Jennifer Pablo, Gary and Stacy Quibelan, Carla Richardson, David and Crystal Sullivan, Joshua and Alicia Vera, and Akil and Stephanie Wemusa (collectively, "Plaintiffs") are the ow...

Excerpt: ...nts Deluxe Corporation, Deluxe Check Printers, and Deluxe Manufacturing Operations, LLC (“DMO”) (collectively, “Defendants”) on January 6, 2020. The FAC sets forth the following causes of action: (1) Failure to Provide Meal Periods (Lab. Code §§ 204, 223, 226.7, 512 and 1198); (2) Failure to Provide Rest Periods (Lab. Code §§ 204, 223, 226.7 and 1198); (3) Failure to Pay Hourly and Overtime Wages (Lab. Code §§ 223, 510, 1194, 1197 a...

Excerpt: ...d Cable 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 §§ 200, et seq., 223, 226.2, 1194; (2) Overtime Wages, Violation of Wage Orders and Labor Code §§ 510 and 1194; (3) Failure to Provide Meal Periods or Premium Wages in Lieu Thereof, Violat...

Excerpt: ...ject”) by Respondent Santa Clara Valley Water District (“District”). In its April 28, 2022 Notice of Exemption (“NOE”) the District allegedly found that the Project was exempt from CEQA under two categorical exemptions from CEQA set forth in the CEQA Guidelines (14 C.C.R. § 15000 et seq., “Guidelines”). These are the “Minor Alterations to Land” exemption (Guidelines § 15304), sometimes referred to as a “Class 4 “exemption,...

Excerpt: ...ant and cross- complainant Meritage Homes of California, Inc. (“Meritage”). Plaintiffs Yalanda and Hriam Birdsong, the Bohlig Living Trust, Melissa and Basilisa Beltran, Timothy Frasch, Michael and Olivia Holt, Djenne-Sukari and Dequal Nathaniel, Henry Nguyen, Erwin and Jennifer Pablo, Gary and Stacy Quibelan, Carla Richardson, David and Crystal Sullivan, Joshua and Alicia Vera, and Akil and Stephanie Wemusa (collectively, “Plaintiffs”) a...

Excerpt: ...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; and (7) Violation of Business and Professions Code §§ 17200, et seq. On July 10, 2020, Plaintiff filed the operative First Amended Class Action Complaint (“FAC”), which added an eighth cause of action for Enforcement of Labor Code...

Excerpt: ...Violation of 15 U.S.C. §§ 1681b(b)(2)(A) (Fair Credit Reporting Act); (2) Violation of 15 U.S.C. §§ 1681d(a)(1) and 1681g(c) (Fair Credit Reporting Act); (3) Violation of California Civil Code § 1786 et seq. (Investigative Consumer Reporting Agencies Act); (4) Violation of California Civil Code § 1785 et seq. (Consumer Credit Reporting Agencies Act); (5) Failure to Provide Meal Periods (Lab. Code §§ 204, 223, 226.7, 512 and 1198); (6) Fai...

Excerpt: ...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 action: (1) Failure to Pay All Wages Owed Including Overtime; (2) Unlawful Deductions; (3) Failure to Provid...

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

Excerpt: ... rental property known as Vine by Vintage. (TAC at ¶ 1.) Plaintiff has now vacated the unit. (Ibid.) Defendants Woodstone by Vintage, L.P. (“Woodstone”), Heartstone Housing Foundation (“HHF”), and Heartstone CA Properties I, LLC (“Heartstone I”) (collectively, “Defendants”) are allegedly the owners, operators, and managers of Vine by Vintage. (TAC at ¶ 2.) Plaintiff alleges each of the Defendants “were the agents, employees, r...

Excerpt: ...ailure to provide rest breaks and meal periods (Lab. Code §§226.7, 512, and 1198); (2) Failure to pay all wages earned for all hours worked (Lab. Code §§ 510, 1194, 1197, and 1198); (3) Failure to provide accurate wage statements (Lab. Code § 226); (4) Waiting time penalties (Lab. Code §§ 201-203); (5) Unfair Competition (Bus. & Prof. Code §§ 17200, et seq.); and (6) Civil Penalties/PAGA (Labor Code § 2698, et seq). The parties have rea...

Excerpt: ...019, sets forth the following causes of action: (1) Failure to Pay All Minimum Wages Owed; (2) Failure to Pay Overtime Wages; (3) Failure to Pay All Wages Due Each Pay Period; (4) Failure to Provide Meal Periods; (5) Failure to Provide Rest Periods; (6) Failure to Furnish Accurate Wage Statements; (7) Failure to Maintain Required Records; (8) Failure to Pay Wages Earned Upon Termination; (9) Unfair Competition in Violation of Business & Professio...

Excerpt: ...�Complaint”), on October 27, 2021, Plaintiff purchased a new product, manufactured by Defendant, that was subject to the warranty. (Id. at ¶ 42.) Plaintiff Hai Bui (“Plaintiff”) alleges that Defendant's warranty contains language that leads consumers to believe that third‐party repair of their products will void the warranty. (Id. at ¶¶ 2‐7, 17, 30‐32, 34, & 64.) Plaintiff further alleges that he is unable to repair his product via...

Excerpt: ... 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 §§ 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,...

Excerpt: ...ollowing causes of action: (1) Failure to Pay Minimum Wages [Cal. Lab Code §§ 204, 1994, 1194.2, and 1197]; (2) Failure to Pay Overtime Compensation [Cal. Lab Code §§ 1194 and 1198]; (3) Failure to Provide Meal Periods [Cal. Lab Code §§ 226.7 and 512]; (4) Failure to Authorize and Permit Rest Breaks [Cal. Lab Code § 226.7]; (5) Failure to Indemnify Necessary Business Expenses [Cal. Lab Code § 2802]; (6) Failure to Timely Pay Final Wages a...

Excerpt: ... against 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 §§ 510, 588, ...

Excerpt: ...Complaint (“SAC”), filed on June 2, 2021, sets forth the following causes of action: (1) Failure to Pay All Overtime Wages Owed (Labor Code §§ 204, 510, 558, 1194, 1198); (2) Failure to Pay All Minimum Wages Owed (Labor Code §§ 1194, 1194.2, 1197); (3) Failure to Pay All Wages at the Agreed‐Upon Rate (Labor Code §§ 221‐223); (4) Failure to Provide Meal Periods (Labor Code §§ 226.7, 512); (5) Failure to Authorize and Permit All Res...

Excerpt: ...ve Action Complaint, which set forth a single cause of action for Violation of the Private Attorneys General Act [Cal. Lab. Code §§ 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 Vita...

Excerpt: ...allegations of the operative Third Amended Complaint (“TAC”), filed on July 22, 2022, plaintiff Canyon Bridge Fund I, LP (“Plaintiff”) is a Delaware limited partnership that has held stock 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. (Id. at ¶ 1.) ...

Excerpt: ...m. in Department 19. The court now issues its tentative ruling as follows: IX.INTRODUCTION This is a putative class and representative action arising out of alleged wage and hour violations. According to the allegations of the Class Action Complaint for Damages (“Complaint”), filed on January 22, 2020, plaintiff Jaime Echeverria (“Plaintiff”) was an employee of defendant Tapestry, Inc. dba Coach (“Defendant”). (Complaint, ¶ 7.) Plain...

Excerpt: ...NT The above‐entitled action comes on for hearing before the Honorable Theodore C. Zayner on January 18, 2023, at 1:30 p.m. in Department 19. The court now issues its tentative ruling as follows: VII. INTRODUCTION This putative class action arises out of allegations that defendants The Sobrato Organization, SI VI, LLC, and Alliance Communities Inc. (collectively, “Defendants”) made unlawful deductions to departing tenants' security deposits...

Excerpt: ...MICRO, INC.; JSR NORTH AMERICA HOLDINGS, INC.; JSR LIFE SCIENCES, LLC; and DOES 1 through 20, inclusive, Defendants. Case No. 21CV386334 The above‐entitled action comes on for hearing before the Honorable Theodore C. Zayner on January 18, 2023, at 1:30 p.m. in Department 19. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a consolidated action arising out of various alleged Labor Code violations. On June 23, 2021, ...

Excerpt: ...HP Group, Inc., Evergreen Equity Partners, LLC (“Evergreen”), Bach Lan Thi Le, Kimly Huynh, Andrew Luong, To Tran, and An Nguyen. According to the second amended complaint (“SAC”), Plaintiff owns several investment rental properties. (SAC at ¶ 33.) He is a barber by trade and met Trung when Trung became his customer. (Id. at ¶ 34.) About ten years into their relationship, Trung approached Plaintiff with an offer to invest in properties ...

Excerpt: ...ts (collectively, “Plaintiffs”) are female pediatricians classified as P‐41 County employees employed at Santa Clara Valley Medical Center (“SCVMC”) and Santa Clara Valley Health Care System (“SCVHCS”), both of which are owned and operated by defendant County of Santa Clara (“County”). (See FAC, ¶¶ 1‐ 2.) County also employs male pediatricians as P‐41 County employees at SCVMC and SCVHCS, and Plaintiffs perform the same or...

Excerpt: ...iculty understanding and managing his own financial affairs and therefore his son and daughter‐inlaw, Defendants, offered to help him purchase a home. (SAC, ¶ 1.) On March 24, 2011, Plaintiff and Defendants purchased a residential property (the “Property”) located in Gilroy. (Id., ¶ 2.) When the Property was purchased, title was taken by the parties as joint tenants, with the intention that the home be a place for Plaintiff, whom the part...

Excerpt: ...der the applicable Code of Civil Procedure sections. The motions are DENIED as presented. As responses and objections were served, there is no basis for a motion to compel responses nor a motion to deem admissions admitted. And as the proper motion(s) under such circumstances would be timely motions to compel further responses – which must be brought within 45 days of service of the responses – the motion is DENIED as untimely. The Court is w...

Excerpt: ...uted by Defendant. (Complaint, ¶ 6.) In connection with the purchase, Plaintiff received an express warranty pursuant to which Defendant was to preserve or maintain the Vehicle's utility or performance, or provide compensation in the case of failure to either for a specified period of time. The warranty further provided that in the event a defect developed with the Vehicle during the warranty period, Plaintiff could deliver the Vehicle for repai...

Excerpt: ...�) and did not specifically provide for posthumously‐conceived children in his will. And so, a dispute arose between Plaintiff, individually and on behalf of her children, and Defendant, individually and as administratrix of Pesic's estate. Currently before the Court are two motions: (1) Defendant's motion to compel Plaintiff to provide a further response to an interrogatory; and (2) Defendant's request for all manner of sanctions.1 II. Motion ...

Excerpt: ...o the allegations of the operative complaint (“Complaint”), on February 16, 2017, Plaintiff was admitted to the hospital in Santa Cruz after suffering a stroke, which left him unable to perform certain physical movements and for some time affected his verbal and mental acuity and abilities. (Complaint, ¶ 6.) At the time of his stroke, William and Valerie were in the midst of a highly‐contested marital dissolution action, with a community e...

Excerpt: ...In October 2010, Brassfield and defendant Paul S.S. Elias (“Elias”) entered into a written contract for the remodeling of Brassfield's home. (FAC, ¶¶ 1 & 25.) The contract provided that Elias would add a basement and a new ground floor to the property, with construction scheduled to be completed by July 20, 2011. (Id. at ¶ 25.) Construction commenced on November 1, 2010 as contemplated by the parties, but was not completed by the July 20, ...

Excerpt: .... According to the allegations of the underlying complaint (the “Complaint”), pursuant to a written agreement dated July 16, 2015 (the “Lease”), Cross‐Defendants leased a commercial real property located at 1566 South 7th Street in San Jose (the “Premises”) to Celebuddy for the purpose of operating a medical cannabis facility. (Complaint, ¶¶ 1, 4, Exhibits A and B.) Tran, the President of Celebuddy, signed a written Guaranty of th...

Excerpt: ...rst Amended Complaint (“FAC”), BitClave is a private company with its principle place of business in San Jose that developed a blockchain‐based platform called BitClave Active Search Ecosystem, which allows consumers to control when and how they share data with retail companies. (FAC, ¶ 9.) In exchange, consumers earn Consumer Activity Tokens (‘CAT”). (Id.) At the time the company was founded in July 2017, it had two shareholders: Alex...

Excerpt: ...he Coffee Bean and Tea Leaf when she fell and suffered severe injuries while using the restroom. (First Amended Complaint [“FAC”] at ¶ 10.) The condition of the floor in the restroom caused Plaintiff to fall. (Ibid.) Plaintiff alleges that defendants occupied and controlled the subject premises. (Id. at ¶¶ 11, 17.) Plaintiff claims defendants were negligent by failing to use reasonable care to keep the property in a reasonably safe conditi...

Excerpt: ...nts County of Santa Clara (“County”), JP Dinapoli Companies, erroneously sued as Dinapoli Companies & Ruwan (“Dinapoli”) and D&D Ranch (“D&D”) (collectively, “Defendants”), where she slipped on the floor of the premises, injuring herself. (See complaint, ¶ Prem L‐1, p.4.) On October 3, 2016, Plaintiff filed a form complaint against Defendants, asserting a cause of action for premises liability with counts for: 1) Premises liabi...

Excerpt: ...ex Assurance Group, Inc. They initially wired $75,000 to an escrow agent, namely defendant Gregory L. Davis (“Davis”). They subsequently wired an additional $175,000, which was deposited with Swiss Monex Global, AG in the Bahamas. They had to take out a home‐equity loan to secure the $175,000 payment. By September 2017, Yuan had not returned the $250,000 they fronted for the transaction. In September 2018, Yuan executed a promissory note in...

Excerpt: ...wagen Group of America, Inc. (“Volkswagen”) undertook to preserve or maintain the utility or performance of Plaintiff's vehicle or to provide compensation if there was a failure in such utility or performance. (Id. at ¶¶ 9, 17.) The sale of the vehicle included an express warranty guaranteeing the subject vehicle was safe to drive and not equipped with defective parts, including the engine, electrical, and suspension. (Id. at ¶ 47.) The sa...

Excerpt: ...re the occurrence of an Urban liquidity event creating distributable cash resources in such an amount sufficient to fully repay the loan. (See second amended complaint (“SAC”), ¶ 9.) On January 18, 2016, Plaintiff was informed of an Urban liquidity event, and Plaintiff made a written demand for repayment in May 2016. (See SAC, ¶ 10.) On December 19, 2017, Plaintiff made a payment of $124,000, leaving a balance due of $858,365, but Defendant...

Excerpt: ...� 18; see also Def.'s request for judicial notice, exh. 4,.) Despite the deed of trust plainly listing the Belletto Dr. property, and not listing a different property, Plaintiff mistakenly thought that the loan was secured by a different property in San Juan Bautista. (See SAC, ¶ 18.) From 2002 to 2009, Plaintiff made all payments on the San Juan Bautista property, but nevertheless, in 2009, the San Juan Bautista property was foreclosed upon. (S...

Excerpt: ...e Coffee Bean and Tea Leaf when she fell and suffered severe injuries while using the restroom. (First Amended Complaint [“FAC”] at ¶ 10.) The condition of the floor in the restroom caused Plaintiff to fall. (Ibid.) Plaintiff alleges that defendants occupied and controlled the subject premises. (Id. at ¶¶ 11, 17.) Plaintiff claims defendants were negligent by failing to use reasonable care to keep the property in a reasonably safe conditio...

Excerpt: ...nts County of Santa Clara (“County”), JP Dinapoli Companies, erroneously sued as Dinapoli Companies & Ruwan (“Dinapoli”) and D&D Ranch (“D&D”) (collectively, “Defendants”), where she slipped on the floor of the premises, injuring herself. (See complaint, ¶ Prem L‐1, p.4.) On October 3, 2016, Plaintiff filed a form complaint against Defendants, asserting a cause of action for premises liability with counts for: 1) Premises liabi...

Excerpt: ...ex Assurance Group, Inc. They initially wired $75,000 to an escrow agent, namely defendant Gregory L. Davis (“Davis”). They subsequently wired an additional $175,000, which was deposited with Swiss Monex Global, AG in the Bahamas. They had to take out a home‐equity loan to secure the $175,000 payment. By September 2017, Yuan had not returned the $250,000 they fronted for the transaction. In September 2018, Yuan executed a promissory note in...

Excerpt: ...wagen Group of America, Inc. (“Volkswagen”) undertook to preserve or maintain the utility or performance of Plaintiff's vehicle or to provide compensation if there was a failure in such utility or performance. (Id. at ¶¶ 9, 17.) The sale of the vehicle included an express warranty guaranteeing the subject vehicle was safe to drive and not equipped with defective parts, including the engine, electrical, and suspension. (Id. at ¶ 47.) The sa...

Excerpt: ...re the occurrence of an Urban liquidity event creating distributable cash resources in such an amount sufficient to fully repay the loan. (See second amended complaint (“SAC”), ¶ 9.) On January 18, 2016, Plaintiff was informed of an Urban liquidity event, and Plaintiff made a written demand for repayment in May 2016. (See SAC, ¶ 10.) On December 19, 2017, Plaintiff made a payment of $124,000, leaving a balance due of $858,365, but Defendant...