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: ...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: ...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: ...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: ...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: ...("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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ... 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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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...