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2023.01.11 Motion for Preliminary Approval of Class Action Settlement 674
Location: Santa Clara
Judge: Lucas, Patricia
Hearing Date: 2023.01.11
Excerpt: ...ion comes on for hearing before the Honorable Patricia M. Lucas on January 11, 2023, at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a class action arising out of alleged violations of the Fair Credit Reporting Act (“FCRA”). The Complaint, filed by plaintiffs Monica Velazquez and Chrystal Gregoso (collectively, “Plaintiffs”) against defendants L Brands, Inc., Victoria's Secret St...
2023.01.11 Motion for Leave to File SAA 916
Location: Santa Clara
Judge: Lucas, Patricia
Hearing Date: 2023.01.11
Excerpt: ...2023, at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION Plaintiff David Chai (“Chai”) brings this putative consumer class action pursuant to the California Fair Debt Buying Practices Act (“CFDBPA”) against defendants Velocity Investments, LLC and Velocity Portfolio Group, Inc. (collectively, “Defendants”). According to the allegations of the Class Action Complaint (“Complaint”), fi...
2023.01.11 Motion for Final Approval of Class Action Settlement 581
Location: Santa Clara
Judge: Lucas, Patricia
Hearing Date: 2023.01.11
Excerpt: ...uling as follows: I. INTRODUCTION This is a class and representative action arising out of various alleged wage and hour violations. The operative First Amended Complaint (“FAC”), filed on November 25, 2020, sets forth the following causes of action against defendant Joseph J. Albanese, Inc. (“Defendant”): (1) Minimum Wage Violations; (2) Rest Period Violations; (3) Meal Period Violations; (4) Failure to Indemnify All Necessary Business E...
2023.01.11 Motion for Attorney Fees 435
Location: Santa Clara
Judge: Lucas, Patricia
Hearing Date: 2023.01.11
Excerpt: ...on January 18, 2022, plaintiff and cross‐defendant CKS Prime Investments, LLC (“CKS”) is the owner of debt owed by defendant and cross‐ complainant Ivana Vincenzi (“Vincenzi”). (Complaint, ¶¶ 2‐3 & 14‐17.) Vincenzi applied for and received a credit account with WebBank. (Id. at ¶ 9.) Vincenzi agreed to repay WebBank for any charges on the account and used the account to make purchases, to take cash advances, and/or to make bala...
2022.12.21 Motion for Preliminary Approval of Class and Representative Action Settlement 771
Location: Santa Clara
Judge: Lucas, Patricia
Hearing Date: 2022.12.21
Excerpt: ...orable Patricia M. Lucas on December 21, 2022, at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a class and representative action arising out of alleged violations of the Fair Credit Reporting Act (“FCRA”) and the Labor Code. Plaintiff Jennifer Geierman (“Plaintiff”) filed the operative First Amended Complaint (“FAC”) against defendants Grocery Delivery E‐Services USA, Inc. ...
2022.12.21 Motion for Class Certificaiton 800
Location: Santa Clara
Judge: Lucas, Patricia
Hearing Date: 2022.12.21
Excerpt: ...urt now issues its tentative ruling as follows: I. INTRODUCTION This is a putative consumer class action brought pursuant to the California Fair Debt Buying Practices Act, Civil Code sections 1788.50‐ 1788.64 (“CFDBPA”). According to the Class Action Complaint for Statutory Damages (“Complaint”), filed on December 4, 2018, plaintiff Pamela Shereé Chambers (“Plaintiff”) seeks statutory damages against defendant Crown Asset Managemen...
2022.12.21 Motion for Approval of PAGA Settlement 350
Location: Santa Clara
Judge: Lucas, Patricia
Hearing Date: 2022.12.21
Excerpt: ...This representative action brought pursuant to the Private Attorneys General Act of 2004 (“PAGA”) arises out of alleged wage and hour violations. The operative Second Amended Representative Action Complaint (“SAC”), filed on September 22, 2022, sets forth a single cause of action for PAGA Civil Penalties [Cal. Lab. Code §2698 et seq.] based on alleged misclassification by defendant Keyence Corporation of America (“Defendant”) of aggr...
2022.12.14 Motions to Bifurcate and Trifurcate 980
Location: Santa Clara
Judge: Lucas, Patricia
Hearing Date: 2022.12.14
Excerpt: ...involving Arriaga & Associates, Inc. (“Arriaga, Inc.”), a company that provides security for other businesses and entities. (See Verified First Amended Complaint (Case No. 17CV310003) (“FAC”), ¶¶ 2 and 8.)5 In one of the cases before the court, Arriaga, Inc. alleges that defendants Jason Lara (“Lara”), and Jose Segura (“Segura”) 4 The included actions are: (1) Giron, et al. v. Arriaga, et al., Superior Court of California, Count...
2022.12.14 Motion to Seal, to Decertify Class 674
Location: Santa Clara
Judge: Lucas, Patricia
Hearing Date: 2022.12.14
Excerpt: ...rom alleged misrepresentations and omissions in the registration statement and prospectus issued in connection with defendant Cloudera, Inc.'s (“Cloudera”) acquisition of and merger with Hortonworks, Inc. (“Hortonworks”). According to the allegations of the operative Consolidated Class Action Complaint (“Complaint”), filed on August 5, 2019, Cloudera is a Delaware corporation with its principal executive offices located in Palo Alto, ...
2022.12.14 Motion to Compel Arbitration, for Leave to Amend Answer 886
Location: Santa Clara
Judge: Lucas, Patricia
Hearing Date: 2022.12.14
Excerpt: ...ng before the Honorable Patricia M. Lucas on December 14, 2022, at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION These are two coordinated cases arising out of alleged Labor Code violations. The Turner case is a putative class action brought by plaintiff Adrian Turner (“Plaintiff”) against her former employer, defendant Corinthian International Parking Services, Inc. (“Defendant”), allegi...
2022.12.14 Motion for Class Certification 327
Location: Santa Clara
Judge: Lucas, Patricia
Hearing Date: 2022.12.14
Excerpt: ...ive ruling as follows: I. INTRODUCTION This is a putative class and representative action arising out of various alleged Labor Code violations brought by plaintiff James Abernathy (“Plaintiff”) against defendant Deacon Construction, LLC (“Defendant”). According to the allegations of the Complaint, filed on June 17, 2020, Defendant employed Plaintiff as a non‐exempt construction worker from December 2019 to April 7, 2020. (Complaint, ¶ ...
2022.12.07 Discovery Motions 306
Location: Santa Clara
Judge: Lucas, Patricia
Hearing Date: 2022.12.07
Excerpt: ...in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action brought by plaintiff Kristalinna Pacheco (“Plaintiff”) alleging violations of the Fair Credit Reporting Act (“FCRA”). The Complaint, filed on November 17, 2020, sets forth causes of action for: (1) Violation of 15 U.S.C. §§ 1681b(b)(2)(A) (FCRA); and (2) Violation of 15 U.S.C. §§ 1681d(a)(1) and 1681g(c) (FCRA). 2 1 2...
2022.12.07 Motion for Final Approval of Class Action Settlement 581
Location: Santa Clara
Judge: Lucas, Patricia
Hearing Date: 2022.12.07
Excerpt: ...uling as follows: I. INTRODUCTION This is a class and representative action arising out of various alleged wage and hour violations. The operative First Amended Complaint (“FAC”), filed on November 25, 2020, sets forth the following causes of action against defendant Joseph J. Albanese, Inc. (“Defendant”): (1) Minimum Wage Violations; (2) Rest Period Violations; (3) Meal Period Violations; (4) Failure to Indemnify All Necessary Business E...
2022.12.07 Motion for Summary Judgment, Adjudication 011
Location: Santa Clara
Judge: Lucas, Patricia
Hearing Date: 2022.12.07
Excerpt: ...ent 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This consolidated action involves two cases: (1) Carlos Lopez v. Bar Mountain Air, Inc. et al. (Santa Clara County Superior Court, Case No. 21CV382011) (“Lead Case”); and (2) Carlos Lopez v. Bay Mountain Air, Inc. et al. (Santa Clara County Superior Court, Case No. 21CV386284). As is relevant here, on May 17, 2021, plaintiff Carlos Lopez (“Plaintiff”) filed the o...
2022.11.30 Motion to Allow Discovery Towards Claims and Defenses in Cross Complaint 142
Location: Santa Clara
Judge: Lucas, Patricia
Hearing Date: 2022.11.30
Excerpt: ...30, 2022 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION Defendant Drill Tech Drilling & Shoring, Inc. (“Drill Tech”) was named in the original complaint in this construction defect action, filed on October 4, 2019. According to a Proof of Service filed November 1, 2019, Drill Tech was served on October 10, 2019. Drill Tech appeared in this action on December 2, 2019. On January 10, 2020, Dr...
2022.11.30 Motion for Final Approval of Class Action Settlement, for Attorney Fees 737
Location: Santa Clara
Judge: Lucas, Patricia
Hearing Date: 2022.11.30
Excerpt: ...30, 2022 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative consumer class action brought pursuant to the California Rosenthal Fair Debt Collection Practices Act (“RFDCPA”). Decedent Frederick Michele Brady (“Decedent”) filed this action seeking statutory damages against defendant Patenaude & Felix (“Defendant”) arising from its routine practice of sending initial wri...
2022.11.23 Petition for Coordination and Motion for Stay 251
Location: Santa Clara
Judge: Lucas, Patricia
Hearing Date: 2022.11.23
Excerpt: ...uth Bay and Salvatore Coniglio (collectively, “Defendants”) have filed a petition for coordination. Defendants seek to have the case of Jesus Beltran v. Recology South Bay, et al., Case No. 22CV396584, Santa Clara County Superior Court (“Beltran”) coordinated the case of Antoine Brooks, et al. v. Recology American Canyon, et al., Case No. CGC‐22‐599566, San Francisco County Superior Court (“Brooks”). The Complaint in Beltran, file...
2022.11.23 Motion to Compel Arbitration 191
Location: Santa Clara
Judge: Lucas, Patricia
Hearing Date: 2022.11.23
Excerpt: ...s follows: I. INTRODUCTION This is a representative action arising out of alleged wage and hour violations. The Complaint, filed on April 22, 2022, sets forth a single cause of action for Civil Penalties Pursuant to Labor Code § 2699, et seq. for violations of Labor Code §§ 201, 202, 203, 204 et seq., 201, 221, 226(a), 226.7, 227.3, 510, 512, 558(a)(1)(2), 1194, 1197, 1197.1, 1198, 2802, California Code of Regulations, Title 8, Section 11040, ...
2022.11.23 Motion for Preliminary Approval of Class Action Settlement 748
Location: Santa Clara
Judge: Lucas, Patricia
Hearing Date: 2022.11.23
Excerpt: ...ollows: I. INTRODUCTION This action arises out of defendant San Andreas Regional Center's (“SARC”) alleged failure to implement or follow reasonable data security procedures to protect putative class members' personal identifying information (“PII”) and protected health information (“PHI”) from unauthorized access. (First Amended Complaint (“FAC”), ¶ 4.) As a result of SARC's conduct, unknown and unauthorized persons allegedly ac...
2022.11.23 Motion for Final Approval of Class Action Settlement, for Attorney Fees 195
Location: Santa Clara
Judge: Lucas, Patricia
Hearing Date: 2022.11.23
Excerpt: ... for hearing before the Honorable Patricia M. Lucas on November 23, 2022, at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class and representative action arising out of the alleged failure by defendant Progressive Casualty Insurance Company (“Defendant”) to reimburse fully its current and former employees for their home office expenses in California during the pandemic. Th...
2022.11.16 Motion for Final Approval of Class and Representative Action Settlement 276
Location: Santa Clara
Judge: Lucas, Patricia
Hearing Date: 2022.11.16
Excerpt: ..., 2022, at 1:30 p. m. i n Department 3. The court now i ssues its tentative ruling as follows: I. INTRODUCTION On June 10, 2021, pl aintiff Naj ee Sl ade (“Pl aintiff”) filed a class action: Najee Slade v. Geodis Logistics, LLC, et al. (Sant a Cl ara Count y Superi or Court , Case No. 21CV 382880) (“Fi rst Act ion”), nami ng def endant s Geodi s Logi st ics, LLC and Geodi s USA, LLC (collectively, “Def endant s”) and alleging various ...
2022.11.16 Motion for Final Approval of Class and Representative Action Settlement 247
Location: Santa Clara
Judge: Lucas, Patricia
Hearing Date: 2022.11.16
Excerpt: ...sues its tentative ruling as follows: I. INTRODUCTION Thi s i s a putative class and representative action arising out of various alleged wage and hour vi ol ations. The operative Second Amended Compl ai nt (“SAC”), filed on January 20, 2022, sets forth the followi ng causes of action: (1) Failure to Pay Mi ni mum Wages; (2) Failure to Pay Overti me Wages; (3) Failure to Provi de Meal Peri ods; (4) Failure to Permi t Rest Breaks; (5) Failure ...
2022.11.16 Motion for Final Approval of Class and PAGA Representative Action Settlement, for Attorney Fees 232
Location: Santa Clara
Judge: Lucas, Patricia
Hearing Date: 2022.11.16
Excerpt: ...N FOR ATTORNEYS' FEES AND COSTS The above‐entitled action comes on for hearing before the Honorabl e Patricia M. Lucas on November 16, 2022, at 1:30 p. m. i n Department 3. The court now i ssues its tentative ruling as follows: I. INTRODUCTION Thi s i s a putative class and representative action arising out various alleged wage and hour vi ol ations. On June 18, 2021, pl aintiff Sheena Edwards (“Pl aintiff”) filed her original compl ai nt a...
2022.11.09 Motion to Compel Arbitration 817
Location: Santa Clara
Judge: Lucas, Patricia
Hearing Date: 2022.11.09
Excerpt: ...ve ruling as follows: I. INTRODUCTION This is a representative action arising out of alleged wage and hour violations. The Complaint, filed on December 29, 2021, sets forth a single cause of action for Civil Penalties (Lab. Code § 2698, et seq.). Now before the court is the motion to compel arbitration filed by defendant Universal Site Services, Inc. (“Defendant”). Plaintiff Sergio Vidal (“Plaintiff”) opposes the motion. 2 1 2 3 4 5 6 7 ...
2022.11.09 Motion to Bifurcate Discovery, to Compel Further Responses 821
Location: Santa Clara
Judge: Lucas, Patricia
Hearing Date: 2022.11.09
Excerpt: ...ts tentative ruling as follows: I. INTRODUCTION This is a putative consumer class action brought pursuant to the Fair Credit Reporting Act (“FCRA”), 15 United States Code section 1681b(b)(2)(a). Three years ago, on November 29, 2019, Plaintiff Michelle Orpilla filed the original complaint against defendant Schenker, Inc. (“Defendant”). On August 18, 2021, Eric M. Wickham (“Plaintiff”) filed the operative FAC against Defendant, seeking...

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