Excerpt: ...nker document log that are not privileged. D. A motion by Silvaco/K. Pesic to compel production of documents against Mr. Andersen. I. Mr. Anderson's Motion to Compel After reviewing the parties' briefs and the record, the Court makes the following findings/rulings: 1. The Court will interpret Mr. Andersen's motion as a moton seeking further document responses, as well as a motion for production of documents. 2. RFPs 108-114 are overbroad. Mr. And...

Excerpt: ...tiff Priscilla Johnson's motion for class certification, which is opposed by Defendants. As discussed below, the Court GRANTS Plaintiff's motion. l. BACKGROUND A. Factual As alleged in the operative class action complaint, in November 2019, Plaintiff rented a residential apartment in a building SCK owns in Milpitas (the "Premises") and paid a $995 security deposit. (Class Action Complaint, 2—3, 5, 18—20.) When she vacated her apartment on Jun...

Excerpt: ...tiffs, Jesse Granato, Stephanie Landrum, Selestia Ordway and Janice Zarad, at various dates between January 2021 and October 2021, contacted Apple and/or visited its stores due to issues with the iPhones that they had purchased, including broken screens and cameras. None of these issues were covered by the One-Year Limited Warranty that came with the phones, and Plaintiffs either paid Apple to make repairs or, in the case of Selestia Ordway, decl...

Excerpt: ...s discussed below, the motion is GRANTED. l. BACKGROUND According to the allegations of the operative complaint ("Complaint"), on July 6, 2017, the Property was sold to U.S. Bank at a trustee's sale under a power of sale contained in a deed of trust executed by Defendant on January 10, 2007. (Complaint, '1 5, Exhibit 1.) U.S. Bank alleges that it duly perfected its title by recording the Trustee's Deed upon Sale on July 20, 2017. (Id„ 6, Exhibi...

Excerpt: ...below, the Court GRANTS the motion. l. BACKGROUND Plaintiff was employed by Defendant as an hourly, non-exempt employee. (First Amended Class Action Complaint ("FAC"), 8, 14.) According to Plaintiff, Defendant failed to pay employees for all hours worked and failed to provide them with meal periods and permit rest breaks. (ld., '1 15.) Employees worked for Defendant more than eight hours per day or 40 hours per week but Defendant failed to pay ov...

Excerpt: ... which is unopposed. As discussed below, if satisfactory clarification is provided concerning whether the notice will be provided in languages other than English, the Court is inclined to GRANT the moton. I. BACKGROUND On November 17, 2022, Plaintiff filed a class action and PAGA complaint accusing Defendant of failing to: properly pay overtime wages, provide meal periods, authorize and permit rest breaks, properly pay meal and rest break premium...

Excerpt: ...ors or co-obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co-obligors." If the trial court makes a finding of good faith, then that determination "shall bar any other joint tortfeasor or co-obligor from any further claims against the settling tortfeasor or co-obligor for equitable comparative contributio...

Excerpt: ...ODUCTION on May 26, 2021, then Valley Transit Authority ("VTA") employee Samuel Cassidy shot and killed nine coworkers at a VTA facility in San Jose. Many of the decedents' heirs and estates have sued VTA, Santa Clara County ("the County"), and various security companies. Currently before the Court are: (1) demurrers filed in each of the above- captioned cases (except for the Balleza case) by the County ("County Demurrer"); and (2) demurrers file...

Excerpt: ...led by (1) the County of Santa Clara (the "County"), (2) the universal Protectionaffiliated Defendants, and (3) the VTA, all of which are opposed by Ms. Gil. As discussed below, the County and Universal Protection's demurrers to the SAC are SUSTAINED WITHOUT LEAVE TO AMEND and the VTA's demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the fourth cause of action and SUSTAINED WITH 30 DAYS' LEAVE TO AMEND as to the first, second and third causes ...

Excerpt: ...hich is opposed by Plaintiff. As discussed below, the Court SUSTAINS the motion, in part with leave to amend and in part without leave to amend. XVII. BACKGROUND A. Factual As alleged in the SAC, nine of Mr. aertolet's coworkers were killed in a mass shooting perpetrated by a fellow employee of the VTA on May 26, 2021. (SAC, '18.) The shooting took place at the VTA's Guadalupe Division facility which is located in the Civic Center neighborhood of...

Excerpt: ...th District Court of Appeal ("Court of Appeal") and Plaintiff later cross-appealed. While the appeal was pending, the parties negotiated a settlement. Before the Court is Plaintiff's motion for final approval of settlement and motion for attorney's fees, costs and incentve award, both of which are unopposed. For the reasons discussed below, the Court GRANTS the motions. l. BACKGROUND In 2015, Plaintiff filed the lead case (the "2016 Acton"). In 2...

Excerpt: ...nspect, maintain, monitor, and keep free from hazards an area of landscape adjacent to the sidewalk which had landscaping bender board protruding from the ground and encroaching onto the sidewalk in the area nearest the Property's driveway. (Ibid.) The protruding bender board was a hidden and dangerous obstacle to Plaintiff and proximately caused Plaintiff to trip, fall, and sustain injuries to her health, strength, and activity. (Complaint, 6, 1...

Excerpt: ...4.) Pursuant to the Ground Lease, the lessor provided plaintiff Bay 101 with an option to purchase the Original Premises for $15,245,000. ("Original Option Agreement"). (Complaint, "4 — 5.) On or about 15 November 1993, plaintiff Bay 101, as tenant, and Bumb & Associates, as landlord, entered into a lease ("Building Lease") whereby Bumb & Associates agreed to lease to plaintiff Bay 101 a to-be-constructed two-story, 75,000 square foot building ...

Excerpt: ...c and Legislative Affairs Division ("Division") of the Registrar of Voters ("ROV"). (FAC, 915.) Defendant County originally hired Plaintiff as a temporary employee or what defendant County refers to as an extra help appointment. (ld.) In August 2019, Plaintiff began reporting to defendant Evelyn Mendez ("Mendez") who recognized Plaintiff's value to the Div-sion/ ROV. (FAC, 916.) For instance, during her time managing the ROV's social media, Plain...

Excerpt: ...lephone Line Tax fees due to the City of San Jose (the "City") to fund its 911 emergency response telephone system. Before the Court is Plaintiff's motion to vacate the Court's December 2, 2021 order dismissing this case without prejudice for failure to appear at a hearing on an Order to Show Cause, which is opposed by Defendants. As discussed below, the Court DENIES the motion. l. BACKGROUND Plaintiff initiated this acton with the filing of the ...

Excerpt: ... Abbott. As discussed below, Plaintiffs' motion is GRANTED IN PART and DENIED IN PART. l. BACKGROUND According to the allegations of the operative First Amended Complaint ("FAC"), filed on October 9, 2020, Defendant is a health care company that manufactures, markets, and distributes pediatric nutrition shakes for consumption by children ages one to thirteen under its PediaSure brand. (ld. at '13.) By placing statements such as "Complete, Balance...

Excerpt: ...23, finding that Northrup failed to provide wage statements that complied with Labor Code Secton 226 ("Section 225") by (1) using two-separate wage-related documents to provide all legally-required information instead of one, (2) not listing the correct employer name and (3) not permitting a reasonable employee to use simple math to calculate total hours worked when overtme hours were listed on the pay statement. The Court awarded in classwide da...

Excerpt: ... Shaw, SUSTAINS it IN PART and OVERRULES it IN PART. The motion to strike is MOOT as to CSU and GRANTED as to Mr. Shaw. I. BACKGROUND A. Factual According to the allegations in the SAC, for over fourteen years, Mr. Shaw, who was San Jose State university's ("SJSU") head athletic trainer, sexually abused countless female student athletes during allegedly sports-related massages by inappropriately and without consent touching them in their private ...

Excerpt: ...tion to be designated as complex pursuant to Rule 3.400 of the California Rules of Court, which is opposed by TAT. As discussed below, the Court DENIES the motion. XV. BACKGROUND For ease of understanding the lengthy h-story of this achon and related litigation, the Court parrots much of the summary authored by the Fourth District Court of Appeal in its remittitur issued to this Court in January 2023. ZF Micro Devices was founded by David Feldman...

Excerpt: ... of the California Rules of Court, which is opposed by Envirodigm, and Envirodigm's motion to seal certain related materials as well as its trade secret disclosure, which is unopposed by Apple. As discussed below, the Court GRANTS both motions. XXI. BACKGROUND A. Factual According to the allegations of the first amended complaint ("FAC"), on September 12, 2012, Apple introduced the iPhone 5 as its latest iteration of the product. (See FAC, '1 10....

Excerpt: ...n the alternative, stay the representative action pending the outcome of arbitration of Plaintiff's individual claims. As discussed below, the Court GRANTS Defendants' motion to compel arbitration of Plaintiff's individual PAGA claim. Plaintiff's representative PAGA claim is stayed pending the outcome of his individual claim pursuant to Code of Civil Procedure secton 1281.4. XVIII.BACKGROUND According to the allegations of the operative Complaint...

Excerpt: ...e Court is Plaintiff's moton for preliminary approval of a settlement, which is unopposed. As discussed below, the Court GRANTS Plaintiff's motion. VII. BACKGROUND On July 27, 2022, Plaintiff filed a class action complaint accusing Defendant of failing to: properly pay overtime, provide meal periods, authorize and permit rest breaks, properly pay meal and rest break premiums, pay minimum wages, pay timely pay wages during employment and upon term...

Excerpt: ...pposed. As discussed below, in the event that the discrepancy between the amount of litigation expenses requested by Plaintiff's counsel and the amount provided in the notice to class members is satisfactorily resolved, the Court is prepared to GRANT both motions. l. BACKGROUND Maxar specializes in the manufacture of satellites and the provision of satellite-related services. (Second Amended Complaint ("SAC"), '1 11.) Maxar s subsidiary Space Sys...

Excerpt: ...pposed. As discussed below, if Plaintiff provides the requested clarification on the procedures to be followed where checks mailed to Aggrieved Employees are returned to the administrator as undeliverable, the Court is inclined to GRANT the motion. l. BACKGROUND According to the operative First Amended Complaint ("FAC"), Defendant employed Plaintiff and "Aggrieved Employees" as non-exempt, hourly employees in California during the relevant statut...

Excerpt: ...d failed to provide wage statements, among other Labor Cade violations. Now before the Court is Plaintiff's motion for preliminary approval of a settlement, which is As discussed the Court GRANTS Plaintiff's moton. l. BACKGROUND Plaintiff was employed as a general laborer by Defendants, a non-exempt, hourly position, from December 28, 2018 through March 9, 2021. He initiated this action with the filing of the operative complaint on March 7, 2022,...

Excerpt: ...ants, all of whom are former Trace3 employees, joined Sycomp, a competitor, after abusing and exploiting their privileged access to Trace3's computer networks and devices to misappropriate Trace3's trade secret and confidential information to the benefit of Sycomp. Before the Court are two motions to seal by Trace3, as well as Sycomp's motion to com#l further responses to expedited discovery, all of which are opposed. For the reasons discussed be...

Excerpt: ...llectively, the "AMD Defendants") demurrer to the operative complaint ("Complaint") and motion to dismiss or stay for forum non conveniens. As discussed below, the Court GRANTS the AMD Defendants' motion to stay or dismiss this action for forum non conveniens. Consequently, the Court will not issue a ruling on the demurrer to the Complaint. X. BACKGROUND A. Factual Plaintiff Realtek, a Taiwanese corporation, is a leading designer and supplier of ...

Excerpt: ...UND A. Factual On June 30, 2020, Ms. West purchased a 13-inch 2020 1.2 Gigahertz ("GHz") Quadcore Intel i7 MacBook Air and paid additional amounts to upgrade from the base model to a speedier configuration of 3.8 GHz with "Turbo Boost." (FAC, '1 22.) Prior to this purchase, Ms. West read and relied on representations made by Apple in its marketing and sales materials concerning the speed and functionality of the Class Laptops, particularly that h...

Excerpt: ...proval of PAGA settlement, which is unopposed. As discussed below, the Court GRANTS the motion. IV.BACKGROUND According to the operative Third Amended Complaint ("TAC"), Marriott and SJMEC own and operate a chain of hotels under various brands nationwide and throughout California, including approximately 52 Marriott hotel locations in California. (TAC, '1 26.) Defendants maintain their corporate headquarters in Bethesda, Maryland, with a centrali...

Excerpt: ....) Alvarez later transferred ownership to Montes, which he duly recorded. (ld.) Plaintiffs Alvarez and Montes (collectively, "Plaintiffs") were in lawful possession of the subject property at 5430 Pacheco Pass Highway when, on May 15, 2017, Plaintiffs received correspondence from the County of Santa Clara Department of Planning and Development ("Department") informing them that the property was in violation of the County Ordinance Code. (See SAC,...

Excerpt: ... of aQ Group, Inc. a brokerage firm founded by defendant Jing Qin aka Bill Qin ("Qin"), Jason's supervisor. (ld., "1 9-10.) Beginning on July 9, 2021, Plaintiffs allege defendant Jason began approaching and stealing their clients. (Complaint, 11-18.) Thereafter, Plaintiffs contacted defendant Qin to take immediate action to stop Jason from engaging in unfair business practices. (ld., '1 19.) Qin, however, turned a blind eye to Jason's actions as ...

Excerpt: ...reconsideration of the Court's August 14, 2023 order granting Cisco's renewed motion for summary judgment/adjudication of both causes of action asserted in lnESS's First Amended Complaint in Case No. 19CV347622. 2 As discussed below, the court DENIES Iness's motion. l. MOTION FOR RECONSIDERATION A. Legal standard and Propriety of Motion Motions for reconsideration are generally governed by Code of Civil Procedure secton 1008 ("Section 1008"), whi...

Excerpt: ...compliant wage statements, and committed other wage and hour violations. In related case no. 21CV3 85443, Plaintiffs Jose Garduno and Juan Padilla, also former employees of Defendants, make similar allegations against Defendants but also include a claim for unlawful wage deductions. Before the Court is Plaintiffs' motion for final approval of a settlement, which is unopposed. As discussed below, if Plaintiffs provide satisfactory clarification of...

Excerpt: ...fendants LPCH and Stanford Health Care's (collectively, "Defendants") motion for a protective order and (2) deceased Plaintiff Emily Masuda's competing motion to compel Defendants to provide the class list and to allow discovery into the identity of absent class members to locate potential additional class representatives. Both motions are opposed. As discussed below, the Court GRANTS Defendants' motion for a protective order and DENIES Plaintiff...

Excerpt: ... the allegations of the operative Complaint, on various dates beginning on or about April 20, 2021, and continuing through the present date, plaintiff Robert Everet Johnston is alleged to have incurred one or more contractual obligations owed to Embarcadero Homes, Inc. ("Embarcadero"). (Complaint, '1 13.) The alleged debt is a "consumer debt" as the term is defined under the RFDCPA. Plaintiff alleges that Embarcadero retained Defendant to collect...

Excerpt: ... Abittan, Benjamin Fisch, and Charles Lu conspired to: (a) assert a false claim of ownership of its business; (b) misappropriate its trade secrets; (c) usurp and interfere with control over its assets, such as social media accounts; and (d) interfere with its relationships with investors and business partners. Mr. Abittan, a former business partner of Ms. Chao and Mr. Ding, filed a crosscomplaint alleging, among other things, that Ms. Chao and Mr...

Excerpt: ...efendant Hero Adams to (1) form interrogatories ("Fl") (set one), nos. 12.1-12.7, 13.1, 13.2, 14.1, 14.2 and 15.1, (2) special interrogatories (set three) nos. 1 and 2, (3) Sl (set four), nos. 1-29 and (4) requests for production of documents ("RPD") (set two), nos. 1-84. Plaintiff seeks monetary sanctions in connection with all four motions. Defendant opposes the motions and requests monetary sanctions in its favor. As discussed below, the Court...

Excerpt: ...tion, which is currently under submission. The motion was initially by Plaintiffs, but in their response to Google's reply, they explain that as a result of the parties' negotiations during the meet and confer process, they now withdraw that opposition. As discussed below, the Court GRANTS the moton as modified by the parties' negotiations.7 X. MOTION TO SEAL A. Legal Standard "The court may order that a record be filed under seal only if it expr...

Excerpt: ...ejudice. Plaintiff's request for monetary sanctions is GRANTED IN PART. XXI. BACKGROUND According to the allegations of the operative First Amended Complaint ("FAC"), Ms. Joven was employed by Defendant as an hourly paid, non-exempt custodian from approximately April 2004 to August 2020. (FAC, 4.) She alleges that Defendant failed to pay all minimum and overtime wages, failed to provide employees with all rest and meal periods that they were enti...

Excerpt: ...e the Court is Plaintiffs' motion for final approval of a settlement and motion for attorney fees, both of which are unopposed. As discussed below, the Court GRANTS the motions. l. BACKGROUND Mr. Aguilar began employment with Defendant in August 2020 and Ms. Cazares began employment with Defendant November 2020. (First Amended Class Action Complaint ("FAC'), 3.) They were both employed by Defendant until March 2021 as non-exempt employees. (Ibid....

Excerpt: ...age statements, and committed other wage and hour violations. Before the Court is Plaintiffs' motion for final approval of settlement and motion for attorney fees and costs, both of which are unopposed. As discussed below, the Court GRANTS both motions. VII. BACKGROUND Plaintiff began employment as a non-exempt employee with Defendant in 2013 and it appears that he remains employed by Defendant. According to Plaintiff, he was not paid for all hou...

Excerpt: ...miums, and failed to provide code-complaint wage statements, among other Labor Cuie violations. Now before the Court is Plaintiff's motion for preliminary approval of a settlement, which is As discussed below, the Court GRANTS Plaintiffs' motion. XIII. BACKGROUND On January 24, 2022, Ms. Martnez and Ms. Orellano filed a PAGA Complaint against Defendant in this Court in the action captioned Martinez, et al. v. Pacific Catch, lnc„ Case No. 22CV39...

Excerpt: ...o compel arbitration. l. BACKGROUND According to the allegations of the operative First Amended Complaint ("FAC"), Stanford offers banking customers a checking account which features the use of a debit card. (FAC, '1 14.) In connection with the processing of debit transactions, Stanford charges what it calls "Insufficient Funds Fee ACH Debit (Returned), "Insufficient Funds Fee CK," "Insufficient Funds Fee ACH Debit (Paid)" and "Premium Overdraft ...

Excerpt: ... Plaintiff initiated this action in June 2021, asserting eight causes of action against Defendant. On March 27, 2023, Defendant's counsel e-mailed a letter to Plaintiff's counsel containing the general terms of a settlement offer. On April 3, which was the offer's expiration date, Plaintiff's counsel emailed opposing counsel to request a one-week extension. Later that day, Plaintiff's counsel again emailed Defendant's counsel, requesting that she...

Excerpt: ...rmaster's (State Water Board) motion for reconsideration the Court May 10, 2023 Order Implementing Court of Appeal's 11/16/22 Remittitur ("Order Implementing Remittitur"), which is opposed. As discussed below, the Court DENIES the moton for reconsideration. l. BACKGROUND The factual and procedural background of this matter is summarized in more detail in the Court's statement of decision, filed on April 4, 2018. Before the Court was two issues: (...

Excerpt: ... Defendant on May 1, 2019 for violation of Labor Code section 225 (Case No. 19CV347173). On December 12, 2019, Plaintiff Tawnya Coogan filed a class acton complaint against Defendant for various wage and hour violations, as well as a representative action under PAGA (Case No. 19CV36CMO). On March 30, 2020, Plaintiff Joseph Ferlatte filed a class action complaint against Defendant for various Ctxle violations and subsequently filed an amended comp...

Excerpt: ...692p ("FDCPA"); and the California Rosenthal Fair Debt Collection Practices Act, California Civil Code sections 1788—1788.33 ("RFDCPA") Before the Court is Ms. Guzman's renewed motion for class certification, which crossDefendant opposes. As discussed below, the court GRANTS THE MOTION IN PART l. BACKGROUND CCS filed this action on December 31, 2019, asserting a single claim for breach of contract arising from Ms. Guzman's alleged failure to fu...

Excerpt: ...cerning these payments, while in the Third Amended Cross-complaint ("TAXC"), Cross-complainants seek damages and other relief against Silvaco and Kathy and Iliya Pesic ("the Pesics"), based on various contractual breach and business tort theories. Before the Court is Defendants/cross-complainants Ole Christian Andersen, Jens Michelsen, and JPT8 Family Holding ApS's ("JPTB") (collectively, "Cross- Complainants") motion to compel Silvaco and Ms. Pe...

Excerpt: ...As alleged in the operative complaint,l Defendants own and operate a media-sharing platform, YouTube, which contains videos created by individuals and entities that have registered with YouTube and uploaded their videos to a "channel." (Complaint, '1 1.) YouTube is accessible as a website at youtube.com (the "YT Website"), or on a mobile application or application on a set-top streaming device (the "YT Apps") (together with the YT Website, the "Y...

Excerpt: ...nsult on the project. According to JLA, Mr. Rajagopalan breached the agreements governing his work, interfered with JLA's relationship with ASIP and Q Networks, and wrongfully claimed ownership of intellectual property developed in connection with the project. In a cross-complaint ("Amended Cross-complaint" or "ACC"), Mr. Rajagopalan (along with Bay Views and Defendant/Cross-Defendant/Cross-Complainant Lianghwa Jou) alleges that he never signed t...

Excerpt: ...ert v. Samaritan, LLC (Super. Ct. Santa Clara County, No. 17CV314186) (Richert). Ms. Richert is represented by the same counsel who represent Plaintiff here. She alleges that, during pay periods when she received overtime wages, her wage statements failed to identify the accurate total hours worked as required by the Labor Code. Based on these allegations, she brings (1) a putative class claim for violation of Labor Code section 226 ("Section 226...

Excerpt: ...'s motion to stay this achon pending resolution of the following related cases: (1) Ramon Ponce, et al. v. Cortec Precision Sheet Metal, Inc., Santa Clara County Superior Court, Case No. 21CV378025 (the "Ponce Action"); and (2) Maria Sanchez v. Cortec Precision Sheet Metal, Inc., Santa Clara County Superior Court, Case No. 21CV380908 (the "Sanchez Action"). Based on the reasons discussed below, the Court GRANTS Cortec's motion. IV.BACKGROUND Plai...

Excerpt: ...laintiff Joseph Ruiz. For the reasons discussed below, the Court GRANTS Defendant's motion. VII. BACKGROUND A. Factual As alleged in the operative complaint, Defendant is a construction contractor who employed Plaintiff in May 2022 as a non-exempt employee with responsibilities for machine maintenance, mechanical repairs, drilling and handling hea\r,' machinery. (Complaint, 26.) Plaintiff alleges that Defendant failed to pay him and other non-exe...

Excerpt: ...these alleged violations, the Complaint includes causes of action for: (1) failure to pay minimum wage for all hours worked; (2) failure to pay overtme wages; (3) failure to provide meal periods; (4) failure to permit rest breaks; (5) failure to reimburse business expenses; (6) failure to timely pay wages during employment; (7) failure to provide accurate, itemized wage statements; (8) failure to pay all wages due upon separation of employment; (...

Excerpt: ...Clara Superior Court Case No. 20CV366905) ("Dutcher"). Defendant now moves once again to decertify the class. In connection with the motion, Plaintiff moves to exclude the declaration of Yingyi Yang ("Yang Declaration") submitted by Google in support of its motion for decertification. Plaintiff opposes the motion to decertify and Google opposes the motion to exclude. For the reasons discussed below, the Court DENIED the motion to exclude and GRAN...

Excerpt: ...sure and authorization form to perform a background investigation. (Complaint, 22.) But the disclosure contained extraneous and superfluous language beyond the disclosure itself and/or was not clear and conspicuous, in violation of the FCRA. (ld., 23.) Specifically, extraneous information was reflected in "[m]iscellaneous provisions concerning Plaintiff's employment including, but not limited to, 'Time Clock Policy,' 'Uniform Policy,' 'Time Card ...

Excerpt: ...ants, all of whom are former Trace3 employees, joined Sycomp, a competitor, after abusing and exploiting their privileged access to Trace3's computer networks and devices to misappropriate Trace3's trade secret and confidential information to the benefit of Sycomp. Before the Court are three separate motions to seal, as well as a motion to uphold confidentiality designations by Trace3, all of which are opposed by Sycomp.2 For the reasons discusse...

Excerpt: ...692-1692p ("FDCPA"); and the California Rosenthal Fair Debt Collection Practces Act, California Civil Code sections 1788-1788.33 ("RFDCPA"). Before the Court is Ms. Guzman's motion to compel further document production responsive to requests for production of documents ("RPDs), Set Three, and CCS and CrossDefendants Patenaude & Felix and Todd Christopher Simonson's (collectively, "CrossDefendants") motion to seal certain limited records condition...

Excerpt: ... name "Findora." In Case No. 20CV372622 ("Ab-ttan"), Temujin alleges that Defendants and Crosscomplainants Ariel Abittan, Benjamin Fisch, and Charles Lu conspired to: (a) assert a false claim of ownership of its business; (b) misappropriate its trade secrets; (c) usurp and interfere with control over its assets, such as social media accounts; and (d) interfere with its relationships with investors and business partners. Mr. Abittan, a former busi...

Excerpt: ... of the settlement and settlement class are set forth in that order. Before the Court is Plaintiff's motion for final approval of the settlement, and for approval of his attorney's fees, costs, and service award. The motion is unopposed. As discuss below, the court GRANTS final approval. I. LEGAL STANDARDS FOR SETTLEMENT APPROVAL A. Class Action Generally, "questions whether a [class action] settlement was fair and reasonable, whether notce to th...

Excerpt: ...yees for business expenses. Before the Court is Plaintiff's moton for approval of a settlement, which is unopposed. As discussed below, the Court is inclined to GRANT the motion, subject to changes to attorney's fees and the net settlement amount. VIII. BACKGROUND Plaintiff worked as a janitor for A1-Jay's from approximately 2015/2016 to September 15, 2021 and was classified as an hourly, non-exempt employee. (Complaint, '1 7.) He alleges that De...

Excerpt: ...UND As alleged in the operative complaint, Plaintiff is currently employed as a Data Center Technician by Defendant, which operates data center facilities and provides data center investment services. (Complaint, 7.) Plaintiff has been employed with Defendant since November 13, 2019, and throughout her employment has been employed as an hourly, nonexempt employee. (Ibid.) She alleges that Defendant violated Section 226, subdivision (a), by failin...

Excerpt: ...aritan, LLC (Super. Ct. Santa Clara County, No. 17CV314186) (Richert). Ms. Richert is represented by the same counsel who represent Plaintiff here. She alleges that, during pay periods when she received overtime wages, her wage statements failed to identify the accurate total hours worked as required by the Labor Cade. Based on these allegations, she brings (1) a putative class claim for violation of Labor Code section 226 ("Section 226") and (2)...

Excerpt: ...filed on February 7, 2022, the Court granted Defendants' special motion to strike the Complaint pursuant to Ctxle of Civil Procedure section 425.16 (the "anti-SLAPP statute" or "Section 425.15") and Plaintiff appealed. The Court's order was affirmed on appeal. Defendants now move for attorney fees and costs incurred on the appeal pursuant to the ant-SLAPP statute. The moton is unopposed. For the reasons discussed below, the court GRANTS the motio...

Excerpt: ...er individual claims; (2) dismissing her class claims; and (3) staying the achon pending completion of the individual arbitration. Plaintiff nominally opposes the motion, insisting that is moot because she dismissed her class claims and added a representative PAGA claim after Wraplify filed the instant motion. BACKGROUND A. Factual Wraplify is a delivery service based in Milpitas that makes lual-only deliveries in California for its clients. Acco...

Excerpt: ...("TAC"). Dart opposes the motion. For the reasons discussed the Court DENIES Plaintiff's motion. l. BACKGROUND A. Factual According to the operative complaint, Dart is a Michigan corporation with principal place of business in Michigan, but does business in California. (Second Amended Class and Representative Acton Complaint ('SAC"), 7, 9.) When Plaintiff applied for employment with Defendant on 14, 2013, he was required to fill out a disclosure ...

Excerpt: ...os' moton to compel further responses to various requests for production of documents on Mach49 and Next 15. As discussed below, the motion is GRANTED IN PART and DENIED IN PART. l. BACKGROUND A. Factual According to the allegations of the operative First Amended Complaint ("FAC"), Mach49 is a startup company founded by Mr. Yotopoulos and defendants Linda Yates, Russell Lampert, and Brad Sharek (collectively referred to as the "Founder Defendants...

Excerpt: ...nt ("FAC"). BlackBerry opposes the motion in part. For the reasons discussed below, the Court GRANTS IN PART and DENIES IN PART Sentinelone's motion. l. BACKGROUND BlackBerry is a security software and services company that provides enterprises and governments with the technology necessary to secure the Internet of Things (the applications for transferring date over networks of digital machines without human interaction), including A1 based cyber...

Excerpt: ...e joint status report filed June 30, 3023.) Plaintiff seeks an order directing to disclose the complete compensation and employment history of each employee in the relevant population, starting from the date of hire of each employee in the relevant population. Google opposes, contending Plaintiff's request covers too broad of a tme As discussed below, the Court GRANTS Plaintiff's request in part and DENIES it in part. l. BACKGROUND As set forth i...

Excerpt: ...compel further responses to various discovery. Plaintiff opposes AAP's motion and AAP opposes the motions to compel. For the reasons discussed below, the Court GRANTS AAP's motion and DENIES Plaintiffs motions. IV.BACKGROLJND According to the allegations of the Complaint, Mr. Phan was employed by AAP as an hourly-paid, non- exempt employee from September 2012 to approximately April 2015. He alleges that AAP failed to compensate him and class memb...

Excerpt: ...d that Defendants failed to provide employees with full, timely, uninterrupted meal periods and rest breaks; failed to pay employees for all hours worked; failed to pay overtime; failed to reimburse or fully reimburse employees for required expenses; and committed other wage and hour violations. The Complaint asserted causes of action for (1) failure to provide meal periods; (2) failure to authorize and permit rest periods; (3) failure to pay min...

Excerpt: ...of a PAGA settlement, filed May 8, 2023, forthe reasons set forth in the minute order filed June 2, 2023. As discussed below, the Court is inclined to grant Plaintiffs' Motion pending receipt and review of a corrected PAGA Notice. l. BACKGROUND According to the Complaint filed October 8, 2021, Plaintiffs Adriana Mendoza, Liliana Rios, Patricia Huerta, Veronica Martinez, and Diana Zapata (collectively, Named Plaintiffs) are former employees who wo...

Excerpt: ...oject. The electrical light fixtures were manufactured by cross-defendant Selux Corporation ("Selux"). On December 23, 2022, the owner of the Project, Synopsys Inc. ("Synopsys") filed its complaint against SC Builders, Inc., Sprig, and Selux for damages stemming from installation of the defective light fixtures. On March 23, 2023, Sprig filed its first amended cross-complaint containing causes of action for equitable indemnity, implied indemnity,...

Excerpt: ... and Ms. Gandhi have filed cross-claims againat Hine for unpaid wages and profit-sharing. After a number of demurrers by various defendants and a number of amendments, Hone has now filed its fifth amended complaint ("5AC"). All Defendants, apart from OnePrime Capital LLC, OnePrime Alpha Fund VII, LP, and One Prime Opportunity Fund l, LLC (collectively, "OnePrime") and Windward Ventures LLC ("Windward") have filed their answer to the FAC. Now befo...

Excerpt: ...urts have found that shareholder derivative plaintiffs may be considered as trustees or guardians ad litem to the right of action. [Citation.) Such plaintiffs have no power to settle or compromise the corporation's action absent court approval"l.) "A court reviewing a settlement agreement considers whether the proposed settlement is fair and reasonable in light of all relevant factors. [Citations.] A court reviews the settlement of a derivative s...

Excerpt: ...ND Defendant Merchants & Medical Credit Corporation, Inc. ("MMCC") is a Michigan corporation engaged in the business of collecting defaulted consumer debts in California. (First Amended Complaint ("FAC"), 11.) Defendants Matthew Hresko, Terry Lee Brewer, and Andrea Ina-Michelle Church are Michigan residents who Plaintiff alleges are employees, agents, and, in Mr. Hresko's case, an offcer and/or director of MMCC and are also "thirdparty debt colle...

Excerpt: ...tion to enforce settlement and for attorney's fees, which is As discussed below, the Court is inclined to grant the motion but it requests a supplemental declaration from Plaintiff's counsel indicating the dates and amounts of the payments Defendant has made and an explanation of how Plaintiff determined the total remaining balance. Plaintiff should provide that declaration prior to the hearing on this matter if possible. BACKGROUND Plaintiff wor...

Excerpt: ...the Court is Defendants' petition to com#l arbitration and stay Plaintiff's representative PAGA claim. As explained below, the Court GRANTS Defendants' petition. Plaintiff's individual PAGA claim must go to arbitration, and the representative PAGA claim will be stayed. . BACKGROUND As alleged in the operative complaint, Plaintiff worked for Defendants from June 2021 through approximately January 2022 as a non-exempt employee. (Complaint, 9.) Plai...

Excerpt: ...ations. Before the Court is Plaintiff's motion for final approval of the settlement, attorney fees award, cost award, and incentive payment. As discussed below, the Court is inclined to grant final approval but asks that Plaintiff lodge any individual settlement agreement she might have made with the court or affirm that she has entered into no such agreement. BACKGROUND Defendants employed Plaintiff in Santa Clara County as an hourly paid, non-e...

Excerpt: ...ents, and committed other wage and hour violations. Now before the Court is Plaintiffs' motion for preliminary approval of a settlement, which is unopposed. As discussed below, the Court GRANTS preliminary approval, in light of a supplemental declaration from Plaintiff's counsel that addressed certain issues identified below. BACKGROUND Plaintiff was employed by Defendant from April 2008 to October 2020 as a nonexempt employee in various position...

Excerpt: ...re to provde paid sick leave in violation of Labor Code 5246, (5) failure to provide accurate wage statements in violation of labor Code 5226(a), (6) failure to pay wages upon termination in violation of labor Code #201 and 202, (7) failure to reimburse business expenses in violation of Labor Code 52802, (8) conversion, and (9) violation of Business & professions Code 517200. These allegations were originally brought against Defendants, AJ's Rest...

Excerpt: ...f a settlement, which is unopposed. As discussed below, the Court is inclined to grant preliminary approval, butthe Court requests that, at the hearing on this matter, class counsel inform the Court regarding why the notice will not be translated into languages other than English. Additionally, the Court requests that certain changes be made to the notice. BACKGROUND Plaintiff was employed by Defendant as an hourly, non-exempt employee. (First Am...

Excerpt: ...sued noncompliant wage statements, and committed other wage and hour violations. Now before the Court is Plaintiffs' motion for preliminary approval of a settlement, which is unopposed. As discussed below, the Court is inclined to grant preliminary approval, but the Court requests a supplemental declaration from Plaintiff's counsel regarding certain issues identified below. Additionally, the Court requests that certain changes be made to the noti...

Excerpt: ...committed other wage and hour violations. Now before the Court is Plaintiffs' motion for preliminary approval of a settlement, which is As discussed below, the Court will grant preliminary approval but requests that class counsel make certain minor modifications to the class notice. BACKGROUND Plaintiffs Walker and Peete began employment with Defendant in September 2019 and ended their employment in April 2022. (First Amended Class Acton Complain...

Excerpt: ...lations. Before the Court is Defendants' motion to compel arbitration of Plaintiffs individual PAGA claim and to stay this action pending resolution of the arbitration. Plaintiff opposes the motion, arguing the arbitration agreement names the wrong employer and that the Federal Arbitration Act does not apply to the agreement. For the reasons discussed below, the Court GRANTS Defendant's motion. l. BACKGROUND As alleged in the operative complaint,...

Excerpt: ... name "Findora." In Case No. 2KV372622 ("Ab-ttan"), Temujin alleges that Defendants and Crosscomplainants Ariel Abittan, Benjamin Fisch, and Charles Lu conspired to: (a) assert a false claim of ownership of its business; (b) misappropriate its trade secrets; (c) usurp and interfere with control over its assets, such as social media accounts; and (d) interfere with its relationships with investors and business partners. Mr. Abittan, a former busin...

Excerpt: ... filed in federal court. Plaintiff opposes the motion. After reviewing the record, the Court makes the following order: 1. "Where a plaintiff brings suit in California, the potential applicability of a contractual forum selection clause is raised by the defendant through a motion to dismiss on grounds of forum non conveniens." (Bushansky v. Soon-Shiong (2018) 23 Cal.App.5th 1000, 1005.) That is what Defendant has done. "California favors contract...

Excerpt: ...cuments estimating 104 aggrieved employees and 1074 payroll #riods (8/30/2020 — 6/17/22) to be at issue. No formal discovery was conducted and subsequently, the Parties entered into a Joint PAGA Settlement Agreement that was approved on March 3, 2023. Pursuant to the agreement, Defendant was required to pay a Gross Settlement Amount of $95,cm.W, one-third of which was allocated for Counsel Fees. Given that the Partes were uncertain about the ex...

Excerpt: ... failed to provide accurate itemized wage statements, in addition to other wage and hour violations. As a result of these violations, the First Amended Complaint includes causes of action for: (1) failure to pay minimum wage; (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...

Excerpt: ...is is an action for various violations of the California Labor Code. On January 20, 2021, plaintff Nieto filed a representative action in Santa Cruz Superior Court (the "Nieto Action") pursuant to the Private Attorney General Act ("PAGA") against Cellco. He alleged Cellco violated various Labor Code provisions relating to the alleged failure to provide overtime pay, minimum wage, meal and rest breaks, accurate pay stubs, and business reimbursemen...

Excerpt: ...compel arbitration of the individual claims in this action and stay Plaintiff's representative PAGA claim pending the outcome of his individual claim pursuant to Code of Civil Procedure section 1281.4. 4 Alternatively, Defendants move to stay this entre action pending completion of Plaintiff's earlier-filed class action titled Ramon Aguila v. Becton and Dickinson, et U.S. District Court for the Northern District of California, Case No. 22-cv-0657...

Excerpt: ...rocedural background of the action and the Court's analysis of the settlement and settlement class are set forth in that order. Before the Court is Plaintiffs motion for final approval of the settlement and for approval of their attorney fees, costs, and incentive award for the named plaintiff. Plaintiff's motion is unopposed. As discussed below, the Court GRANTS final approval but reduces the requested enhancement award to $5,000. l. LEGAL STAND...

Excerpt: ...he FAC, filed on October 9, 2020, Defendant is a health care company that manufactures, markets, and distributes pediatric nutrition shakes for consumption by children ages one to thirteen under fts PediaSure brand. (ld. at 3.) By placing statements such as "Complete, Balanced Nutrition," "Balanced Nutrition to Help Fill Gaps," "Nutrition to Help Kids Grow," "use as part of a healthy diet," and "Clinically Proven to Help Kids Grow" on the PediaSu...

Excerpt: ...ricia Aguilar (Plaintiff Aguilar) in Case No. 23CV410551 against Defendant Stars Bay Area, Inc.4 Before the Court is a motion by Plaintiff Aguilar to consolidate the two actions, 5 which is unopposed. l. FACTUAL AND PROCEDURAL BACKGROUND Plaintiff Viveros filed case No. 190.1347692 on May 8, 2019 and Plaintiff Aguilar filed Case No. 23CV410551 on January 23, 2023. The operative complaints in each achon assert various claims for Labor Code and Bus...

Excerpt: .... As discussed below, the Court GRANTS Plaintiff's motion to compel and DENIES the requests for sanctions. l. BACKGROUND A. Factual According to the operative complaint, Toray is an employer with employees engaged throughout California. (Complaint, '1 5.) Plaintiff brings this action on behalf of herself, and all other members of the general public similarly situated, seeking class certification under Code of Civil Procedure section 382. (ld., '1...

Excerpt: ...ry 30, 2023. The factual and procedural background of the action and the Court's analysis of the settlement and settlement class are set forth in that order. Before the Court is Plaintiff's moton for final approval of the settlement and for approval of their attorney fees, costs, and incentive award for the named plaintiff. Plaintiff's moton is unopposed. As discussed below, the Court GRANTS final approval. I. LEGAL STANDARDS FOR SETTLEMENT APPRO...

Excerpt: ... trade secrets. Plaintiff alleges that its former employees joined Sycomp, a competitor, after abusing and exploiting their privileged access to Plaintiff's computer networks and devices to misappropriate Plaintiff's trade secret and confidential information to the benefit of Defendant Sycomp. (Complaint, 2.) The operative Complaint, filed on May 12, 2023, alleges the following causes of action: 1. Violation of the California Uniform Trade Secret...

Excerpt: ...er rate, and failed to provide accurate itemized wage statements, in addition to other wage and hour violations. As a result of these violations, the First Amended Complaint includes causes of action for: (1) violation of Business and Professions Code section 17200, et seq.; (2) failure to pay all wages (Labor Code sectons 2[n, et seq. 218, 226, 510, 511, 1194, 1198, 2802); (3) failure to pay sick pay at the correct regular rate; (4) failure to p...

Excerpt: ...n for summary adjudication of both causes of action asserted in InESS's First Amended Complaint ("FAC") in Case No. 19CV347622 and (2) lnESS's second motion for summary adjudication of its fifth cause of action in Case No. 19CV350478. 80th motions are opposed. As discussed below, the Court DENIES Cisco's motion and GRANTS lnE-ss's motion. l. BACKGROUND A. Factual lnESS filed case No. 19CV347622 on May 7, 2019 and Case No. 19CV350478 on June 28, 2...

Excerpt: ...gations, the complaint asserts causes of action for: (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) unjust enrichment/restitution, (4) money had and received, and (5) violation of Business and Professions Code section et seq. Now before the Court is Plaintiff's motion for leave to file a first amended complaint. Defendant has opposed the motion and Plaintiff has filed a reply. DISCUSSION l. Legal St...