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Location: Santa Clara x
Judge: Zayner, Theodore C x
2023.07.12 Discovery Motions 825
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.07.12
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 ...
2023.07.12 Demurrer 762
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.07.12
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...
2023.07.12 Demurrer 018
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.07.12
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; ...
2023.06.28 Motion to Approve PAGA Settlement 407
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.06.28
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...
2023.06.28 Motion for Preliminary Approval of Settlement 092
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.06.28
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...
2023.06.28 Motion for Preliminary Approval of Class and Representative Action Settlement 777
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.06.28
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...
2023.06.21 Motion for Preliminary Approval of Settlement 108
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.06.21
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....
2023.06.14 Special Motion to Strike, Demurrer 008
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.06.14
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...
2023.06.14 Motion to Compel Arbitration and Dismiss Representative PAGA Claims 025
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.06.14
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 ...
2023.06.14 Motion to Compel Arbitration 360
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.06.14
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....
2023.06.14 Motion for Final Approval of Settlement 334
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.06.14
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 ...
2023.05.31 Motion for Assignment Order 980
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.05.31
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...
2023.05.31 Motion for Preliminary Approval of Settlement 777
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.05.31
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 ...
2023.05.31 Motion to Compel Arbitration 297
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.05.31
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...
2023.05.24 Motion to Seal, for Summary Judgment, Adjudication 674
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.05.24
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...
2023.05.24 Motion to Compel Arbitration 121
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.05.24
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...
2023.05.24 Motion for Final Approval of Settlement, for Attorney Fees 403
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.05.24
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) ...
2023.05.24 Motion for Approval of Settlement 678
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.05.24
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...
2023.05.24 Motion for Approval of PAGA Settlement 134
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.05.24
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...
2023.05.17 Motion for Preliminary Approval of Settlement 254
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.05.17
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 ...
2023.05.17 Motion for Preliminary Approval of Settlement 092
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.05.17
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...
2023.05.17 Motion for Approval of Settlement 325
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.05.17
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...
2023.05.17 Motion for Approval of PAGA Settlement 407
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.05.17
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...
2023.05.17 Motion for Approval of PAGA Settlement 175
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.05.17
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 ...
2023.05.10 Petition for Add-on Coordination 584
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.05.10
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) ...

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