Excerpt: ...Factual This is an action for violation of Title IX, among other things. According to the allegations in the SAC, for over fourteen years, San Jose State University's ("SJSU") head athletic trainer, Shaw, sexually abused countless female student-athletes during allegedly sports-related massages by inappropriately and without consent touching them in their private areas. (SAC, '1 1.) Plaintiffs suffered lasting humiliation and trauma as a result o...

Excerpt: ...UND This case arises from a dispute over an allegedly defective Honda Pilot Plaintiff Maria Maldonado leased a 2020 Honda Pilot, manufactured and/or distributed by Defendant American Honda Motor Company, Inc. ("AHMC"). (Compl. 6.) Plaintiff received an express warrant•ywhich provided that in the event of a defect during the warranty period, Plaintiff could deliver the car for repair service to AHMC's representative and the carwould be repaired....

Excerpt: ...CURTIS. an individual: EUGENE SACCO. an individual: THE SACCO GROUP. LLC. a California limited liabilitv corporation: THE SACCO GROUP. LLC. dba SURETY SOLUTIONS. TOO TIRED TO COOK LEGION CLUB OF PASADENA. and MICRO PROJECT MANAGEMENT COMPANY: and DOES 1 to 100. inclusive. 21GDCV00949 EX PARTE APPLICATION FOR STAY OF THE PROCEEDINGS RESPONDING PARTY: SERVICE: RELIEF REQUESTED Defendants The Legion Corporation of Pasadena, Michael Seaton, Lynne Gar...

Excerpt: ...n to strike the class claims. Plaintiff opposes the motion in both respects. As discussed below, the Court SUSTAINS the demurrer WITHOUT leave to amend, and DEEMS AS MOOT the motion to strike. l. BACKGROUND According to Plaintiff, Google has approximately 80,000 employees in California. (SAC, p. 12:31.) Plaintiff estimates Google breached the contracts of at least 31% or 25,000 of its employees during each year from 2018 through 2022. (ld. at p. ...

Excerpt: ...GROUND This action arises from a claim for medical malpractice. Plaintiff Jacquelyn Nicole Maddox alleges as follows: Shehad chronic symptoms associated with an enlarged uterus. (Compl 112.) She undemvent an abdominal hysterectomy performed by two Unecologists, Dr. Allison Canavan and Dr. Jennifer Chen. (ld.) After the surgery, Plaintiff complained of vaginal bleeding, vaginal discharge and pelvic pain, but the gynecologists told her this was nor...

Excerpt: ...UND This case arises from a dispute over an allegedly defective Honda Pilot Plaintiff Maria Maldonado leased a 2020 Honda Pilot, manufactured and/or distributed by Defendant American Honda Motor Company, Inc. ("AHMC"). (Compl. 6.) Plaintiff received an express warrant•ywhich provided that in the event of a defect during the warranty period, Plaintiff could deliver the car for repair service to AHMC's representative and the carwould be repaired....

Excerpt: ...intiff Nicole Johnson FiledApri1 27, 2023 Filed June 13, 2023 Filed June 20, 2023 Defendants move to strike paragraph 122 of Plaintiffs complaint BACKGROUND This case arises out of Plaintiff Nicole Johnson's claim that on January 4, 2023, she suffered burns and injuries as a result of Defendants' negligent performance of a laser hair removal procedure. Plaintiff filed this complaint March 24, 2023, alleging eight causes of action for (1) general ...

Excerpt: ...GROUND This action arises from a claim for medical malpractice. Plaintiff Jacquelyn Nicole Maddox alleges as follows: Shehad chronic symptoms associated with an enlarged uterus. (Compl 112.) She undemvent an abdominal hysterectomy performed by two Unecologists, Dr. Allison Canavan and Dr. Jennifer Chen. (ld.) After the surgery, Plaintiff complained of vaginal bleeding, vaginal discharge and pelvic pain, but the gynecologists told her this was nor...

Excerpt: ...y sanctons in connection with her motion, and Defendant seeks monetary sanctions in connection with its opposition to Plaintiff's moton. As discussed below, the Court DENIES Defendant's motion and GRANTS Plaintiff's motion in part and DENIES it in part. As to monetary sanctions, the Court GRANTS Plaintiff's request in part and DENIES Defendant's request. l. BACKGROUND Plaintiff Daniella Velasquez filed this action on June 14, 2021. Following a di...

Excerpt: ...on in part and DENIES it in part. l. BACKGROUND Defendant is a construction contractor and employed Plaintiff as a non-exempt employee in May 2022 with responsibilities for machine maintenance, mechanical repairs, drilling and handling heavy machinery. (Complaint, 2.) Plaintiff alleges that Defendant failed to pay him and other employees minimum and overtime wages. (Complaint, 10-11.) He also claims that he and other employees did not receive mea...

Excerpt: ... the allegations of the operative First Amended Complaint ("FAC"), Embarcadero Media owns and publishes Palo Alto Online and Palo Alto Weekly (the "Weekly"), which cover local news. Johnson is the founder of Embarcadero Media and a shareholder, and the publisher of the material that allegedly defamed Plaintiff. Plaintiff, who is the parent of a child who has attended schools in the Palo Alto Unified School District (the "District"), is the "Chief...

Excerpt: ...llegations of the first amended complaint ("FAC"), Leedeman incurred a financial obligation in the form of a consumer credit account issued by Capital One Bank (LISA) N.A. ("Capital One"). (FAC, '1 12.) Leedeman denies she owes any debt on this account. (Ibid.) On or about March 15, 2019, Capital One sold the alleged debt to MCM for collection. (FAC, 14.) MCM sent Leedeman an initial collection letter on April 10, 2019, which included an insert. ...

Excerpt: ... Ruiz ("Plaintiff Ruiz"), and Roxana Aguilar ("Plaintiff Aguilar") (collectively, "Plaintiffs") allege that Defendant failed to pay employees for all hours worked, failed to provide meal and rest periods, failed to timely pay wages during employment and upon termination, failed to provide accurate wage statements, and failed to reimburse for required ex#nses. Before the Court is Plaintiff's motion for approval of a settlement, which is As discuss...

Excerpt: ... The Court issued a tentative ruling on April 19, 2023 indicating it was inclined to grant Plaintiffs' motion, subject to the parties' agreement to amend the release to conform with Amaro v. Anaheim Arena Management, LLC (2021) 59 Cal.App.5th 521 (Amaro) and Plaintiffs' submission of some additional information. Having reviewed Plaintiffs' Supplemental Brief, the Bell Supplemental Declaration, and attached exhibits including the Amended Settlemen...

Excerpt: ...BACKGROUND A. Factual Plaintiff worked at Goodwill from March to June 2017. He notified Goodwill upon his hiring that he suffered from disabilities, including seizures and vascular artery disease, which required he be assigned a seated position. In his initial job assignment in the Kit-tng and Packaging department, Plaintiff was able to sit down for the majority of his time and move around when necessary. In June 2017, Plaintiff's manager, defend...

Excerpt: ...h District Court of Appeal ("Court of Appeal") and Plaintiff later cross-appealed. While the appeal was pending, the parties negotiated a settlement. Now before the Court is Plaintiff's motion for preliminary approval of class action settlement, which is unopposed. For reasons discussed below, the Court GRANTS Plaintiff's motion, but requests that the parties make certain small changes to the notice and that they provide class members with a form...

Excerpt: ...on in part and DENIES it in part. l. BACKGROUND Defendant is a construction contractor and employed Plaintiff as a non-exempt employee in May 2022 with responsibilities for machine maintenance, mechanical repairs, drilling and handling heavy machinery. (Complaint, 2.) Plaintiff alleges that Defendant failed to pay him and other employees minimum and overtime wages. (Complaint, 10-11.) He also claims that he and other employees did not receive mea...

Excerpt: ... for preliminary approval of a settlement, which is Previously, the Court sent the parties a tentative ruling asking them to amend the release to conform with Amaro v. Anaheim Arena Management, LLC (2021) 69 Cal.App.5th 521 (Amaro) and make certain additional clarifications and correctons. Plaintiffs' counsel has provided two supplemental declarations and an u#ated settlement agreement, which dramatically changes the definition of the proposed cl...

Excerpt: ...ages, failed to provide accurate itemized wage statements, and committed other wage and hour violations. Now before the Court is Plaintiff's motion for preliminary approval of a settlement, which is unopposed. As discussed below, the Court GRANTS the motion, but requests that the parties make certain small changes to the notice and that they provide class members with a form for opting out of the settlement. BACKGROUND Plaintiff began employment ...

Excerpt: ...proval. 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 Systems/Loral LLC ("SSL"), its related satellite communications business, and its satellite manufacturing and R&D operations, including the facilities and business segments central to the allegations here, are located in Palo Alto. (Ibid.) At the time of the Me...

Excerpt: ...man's ("Ms. Hyman") pro hac vice application. For the reasons discussed below, Ms. Hyman's pro hac vice application is GRANTED and Plaintiff's motion for leave to file the FAC is GRANTED. l. FACTUAL A. Background According to the allegations of the Complaint, pursuant to its account documents, Defendant is allowed to charge a single $29 NSF fee or OD fee when a transaction is returned for insufficient funds or paid despite insufficient funds. (Co...

Excerpt: ..., 2022. 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 motion for final approval of the settlement, attorney fees, costs, and incentive award. Plaintiff's motion is unopposed. As discussed below, the Court GRANTS final approval. l. LEGAL STANDARDS FOR SETTLEMENT APPROVAL A. Class Action Generally, "questions whether a ...

Excerpt: ...e two motions: (1) Mr. Hess's motion to dismiss the remaining claims against him pursuant to Code of Civil Procedure sections 583.210; and (2) iTy Labs Corp.'s and Jose Cong's (collectively, the "iTy Defendants") motion to strike Plaintiff's jury demand as to the nan-stayed causes of action and equitable defenses, or in the alternative bifurcating the equitable and legal issues for trial with the equitable issues to be tried first.2 As discussed ...

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 busin...

Excerpt: ... 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 wants Plaintiffs to provide additional information regarding Plaintiff Aguilar's Age Discrimination in Employment Act claim and to make certain minor modifications to the class notice. BACKGROUND Plaintiff Agu...

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 busin...

Excerpt: ...e two motions: (1) Mr. Hess's motion to dismiss the remaining claims against him pursuant to Code of Civil Procedure sections 583.210; and (2) iTy Labs Corp.'s and Jose Cong's (collectively, the "iTy Defendants") motion to strike Plaintiff's jury demand as to the nan-stayed causes of action and equitable defenses, or in the alternative bifurcating the equitable and legal issues for trial with the equitable issues to be tried first.2 As discussed ...

Excerpt: ... 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 wants Plaintiffs to provide additional information regarding Plaintiff Aguilar's Age Discrimination in Employment Act claim and to make certain minor modifications to the class notice. BACKGROUND Plaintiff Agu...

Excerpt: ...cebook's offering of "Business Tools" to partners like third-party Home Box Offce Inc. ("HBO") and its associated tracking of user's activities online. Before the Court is Plaintiff McDaniel's motion to compel Meta to: (1) produce all documents responsive to RFPs Nos. 1-7, 9-13, 18, 21-23 within 30 days; (2) respond fully to Plaintiffs' Interrogatory Nos. 1, 2, 6, 7, and 9; (3) make the entire FACEBOOK SOURCE CODE available for inspection. It is ...

Excerpt: ...ined to grant preliminary approval, but first, Plaintiff must provide a full valuation of all the claims alleged in the complaint, and the parties must meet and confer about amending the release to make it clear that it is limited to claims based on the facts at issue here. Plaintiff must also provide an update on whether there has been any discussion of the settlement with plaintiff's counsel in two related actions #nding in this Department. l. ...

Excerpt: ...ssed below, the Court is GRANTS Plaintiff's motion. l. BACKGROUND As alleged in the operative complaint, Defendant is a manufacturer of medical imaging machines, chiefly mammography machines, and provides maintenance and repair services related to its machines throughout the U.S.A. and California. (Second Amended PAGA Representative Action Complaint ("SAC"), '1 11.) Plaintiff was a non-exempt employee at Defendant's Santa Clara location, and bega...

Excerpt: ...andhi opposes both motions. As discussed below, the court DENIES Hone capital's motions. l. LEGAL STANDARD AND TERMS OF PROTECTIVE ORDER On November 29, 2021, the Court (Judge Rudy) entered a stipulated protective order in this matter (the "SPO"). The order provides that a party may designate as "Confidential Information" documents that the party "considers in good faith to contain information involving trade secrets, or confidential business or ...

Excerpt: ...me "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 business...

Excerpt: ...claim, based on the United States Supreme Court's decision in Viking River Cruises, Inc. v. Moriana (2022) U.S. [142 S. Ct. 1906, 2022 U.S. LEXIS 2940] (Viking River). Defendants seek dismissal of the representative PAGA claim. Plaintiff opposes Defendants' motion, urging that the parties' agreement here requires arbitration of the entire PAGA claim—including its representative component—and provides no basis to compel individual arbitration....

Excerpt: ...A claim; and (2) Plaintiff's motion to compel further responses to discovery requests seeking information about the aggrieved employees. 80th motions are For the reasons discussed below, the Court DENIES Dart's motion and GRANTS Plaintiff's. l. BACKGROUND A. Factual According to the operative complaint, Dart is a Michigan corporation with its principal place of business in Michigan, but does business in California. (Second Amended Class and Repre...

Excerpt: ...ered with ILA's relationship with ASIP Holdings and Q Networks, and wrongly claimed ownership of intellectual property developed in connection with the project. JLA alleges that Defendant Liangwa Jou aided and abetted Mr. Rajagopalan in his attempted "equity grab" from JLA/Q Networks. In a cross-complaint, Mr. Rajagopalan alleges that he never signed the draft consulting agreement and was not paid for much of his work. Moreover, he claims he disc...

Excerpt: ...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 approva , but wants the parties to meet and confer about using a single definition for the entire proposed class, and to report on their discusssions at the May 4 hearing. l. BACKGROUND Plaintiff Lillian Audycki began employment with Defendant in September 2014 and contnues to work...

Excerpt: ...e operative First Amended Complaint ("FAC"). It contends that Plaintiffs claims are barred by section 230 of the Communications Decency Act (the "CDA")5 and otherwise fail to state a cause of action. (Code Civ. Proc„ S 430.10, subd. (e).) As discussed below, the Court SUSTAINS Defendant's demurrer based on CDA immunity, but gives Plaintiff 30 days to amend. l. BACKGROUND According to the FAC, Google represents that the Play Store is the only of...

Excerpt: ...d. As discussed below, the Court is inclined to grant Plaintiffs' motion, subject to the parties' agreement to amend the release to conform with Amaro v. Anaheim Arena Management, LLC (2021) 69 Cal.App.5th 521 (Amaro) and Plaintiffs' submission of some additional information described below. l. BACKGROUND As alleged in the operative complaint, Defendants maintain and operate a health and fitness facility in California, where Plaintiffs were emplo...

Excerpt: ...lternative, motion to strike the class and representative allegations. Plaintiff opposes Googles motion. As discussed below, the Court OVERRULES Google's demurrer and DENIES its motion to strike. l. BACKGROUND According to the complaint, Plaintiff began working for Defendants as a non-exempt preschool teacher at Google on November 7, 2021, and her employment ended in March 2022. (Class Action Complaint, '14.) Plaintiff alleges "that each and ever...

Excerpt: ...motions for final approval of the settlement and for approval of their attorney fees, costs, and service awards. Plaintiffs' motions are unopposed. One individual filed an objection to the settlement, which the Court has reviewed and considered. As discussed below, the court GRANTS final approval. l. LEGAL STANDARD FOR SETTLEMENT APPROVAL Generally, "questions whether a [class action] settlement was fair and reasonable, whether notice to the clas...

Excerpt: ...C, to consult on the project. According to JLA, Mr. Rajagopalan breached the agreements governing his work, interfered with JLA's relationship with ASIP Holdings and Q Networks, and wrongly claimed ownership of intellectual property developed in connection with the project. JLA alleges that Defendant Liangwa Jou aided and abetted Mr. Rajagopalan in his attempted "equity grab" from JLA/Q Networks. In a cross-complaint, Mr. Rajagopalan alleges that...

Excerpt: ...ns. HCL Technologies and related entities HCL America Solutions, Inc. ("HCLA Solutions") and HCL America ("HCLA") (collectively, "HCL Defendants") mcwe to compel arbitration, which Plaintiff opposes. As discussed below, the Court GRANTS Defendants' motion. l. BACKGROUND According to the Complaint, Defendants employed Plaintiff as a non-exempt Documentation Writer from October 8, 2018 to March 19, 2021. (Complaint, "1 16—17.) Because of Defendan...

Excerpt: ...n engaged in the business of collecting defaulted consumer debts in California. (First Amended Complaint ("FAC"), '111.) 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 collectors" under the Rosenthal Act. (ld., 12— 14.) Plaintiff alleges that Defendants routin...

Excerpt: ... by (1) Medi Mall and (2) Kelly Services Global, LLC and Kelly Services USA, LLC (the "Kelly Defendants"). Defendants move to compel arbitration pursuant to the United States Supreme Court's decision in Viking River Cruises, Inc. v. Moriana (2022) [142 S. ct. 1906, 2022 US. LEXIS 29401 (Viking River). In the alternative, the Kelly Defendants move to dismiss or stay the action based on the rule of exclusive concurrent jurisdiction. Plaintiff oppos...

Excerpt: ... below, the Court GRANTS the motion as to Case No. 22CV398811 (the class action), and GRANTS IN PART the motion as to case No. 22CV401779 (the PAGA action). l. BACKGROUND As alleged in case No. 22CV398811, Plaintiff was employed by Defendant as a nonexempt employee from March 8, 2019 to February 2, 2022. (Class Action Complaint for Damages, '1 8.) Plaintiff and other employees were required to undergo COVID-19 screenings, such as submitting to te...

Excerpt: ...ant opposes. As discussed below the Court DENIES the motion without prejudice. l. BACKGROUND A. Factual According to the operative complaint, Dart is a Michigan corporation with its principal place of business in Michigan, which does business in California. (Second Amended Class and Representative Acton Complaint ("SAC"), "1 7, 9.) When Plaintiff applied for employment with Defendant on October 14, 2013, he was required to fill out a disclosure a...

Excerpt: .... 20CV372622 ("Abittan action"), Temujin alleged that Defendants and Cross-complainants Ariel Abittan ("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 pa...

Excerpt: ...filed on October 13, 2022. 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 Plaintiffs' moton for final approval of the settlement and for approval of their attorney fees, costs, and service awards. Plaintiffs' motion is unopposed. On April 3, 2023, the Court issued a tentative ruling indicating it was inclined to grant final approv...

Excerpt: ... action and the Court's analysis of the settlement and settlement class are set forth in that order. Before the Court are Plaintiff's motions for final approval of the settlement and for approval of her attorney fees, costs, and service award. Plaintiff's motions are unopposed. As discussed below, the Court GRANTS final approval. l. LEGAL STANDARDS FOR SETTLEMENT APPROVAL A. Class Action Generally, "questions whether a [class action] settlement w...