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: ...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: ...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: ...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: ... 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: ....) 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: ...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: ...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: ...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: ...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: ...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; (...