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2023.08.23 Motion for Judgment on the Pleadings 916
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.08.23
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...
2023.08.23 Motion for Final Approval of Settlement, for Attorney Fees, Enhancement Payment 481
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.08.23
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...
2023.08.16 Motion to Compel Further Responses 987
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.08.16
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...
2023.08.16 Motion to Compel Arbitration of Individual PAGA Claims and Dismiss or Stay Representative PAGA Claims 255
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.08.16
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...
2023.08.16 Motion to be Relieved as Counsel 306
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.08.16
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 ...
2023.08.16 Motion for Approval of PAGA Settlement 491
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.08.16
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,...
2023.08.09 Motion to Seal Portions of SAC 055
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.08.09
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 ...
2023.08.09 Motion to Compel Further Responses 971
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.08.09
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...
2023.08.09 Motion for Preliminary Approval of Class Action Settlement 660
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.08.09
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...
2023.08.09 Motion for Final Approval of Settlement 218
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.08.09
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...
2023.08.02 Motion for Approval of Class Settlement 748
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.08.02
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,...
2023.08.02 Motion for Approval of PAGA Settlement 134
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.08.02
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...
2023.08.02 Motion for Final Approval of Settlement 674
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.08.02
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...
2023.08.02 Motion for Final Approval of Settlement 334
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.08.02
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...
2023.08.02 Motion for Summary Adjudication 472
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.08.02
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...
2023.08.02 Motion to Compel Arbitration 360
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.08.02
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...
2023.07.26 Motion to Compel Deposition 939
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.07.26
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...
2023.07.26 Motion for Preliminary Approval of Settlement 958
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.07.26
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...
2023.07.26 Demurrer 571
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.07.26
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 ...
2023.07.19 Motion to Compel Arbitration and Stay Action 770
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.07.19
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...
2023.07.19 Motion for Judgment on the Pleadings 613
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.07.19
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); (...
2023.07.12 Motion to Conform to Statutory Valuation Procedures 119
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.07.12
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...
2023.07.12 Motion to be Relieved as Counsel 306
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.07.12
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...
2023.07.12 Motion for Preliminary Approval of Settlement 961
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.07.12
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...
2023.07.12 Motion for Preliminary Approval of Settlement 260
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.07.12
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...

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