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