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