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: ... 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: ...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: ...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: ...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...