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...

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...

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...

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...

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...

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...

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. ...

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...

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, ...

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...

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, ¶ ...

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...

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...

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...

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...

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...

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...

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, ...

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...

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...

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 ...

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 ...

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...

Excerpt: ...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 various alleged wage and hour violations. The Class Action and Representative Action Complaint, filed on May 16, 2022, sets forth the following causes of action: (1) Failure to Provide Timely, Duty‐Free Meal Periods and/or Pay Meal Period Premiums for Late Meal Breaks (Labor Code §§...

Excerpt: ...cas on November 9, 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 various alleged wage and hour violations. The operative Complaint, filed on September 30, 2015, sets forth the following causes of action: (1) Failure to Pay Minimum Wages; (2) Failure to Provide Timely and Complete Rest Periods or Pay Additional Wages in Lieu Thereof; (...

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...

Excerpt: ...ues its tentative ruling as follows: I. INTRODUCTION This is a class and representative action arising out of various alleged wage and hour violations. On August 3, 2020, plaintiff Kenneth President (“Plaintiff”) filed a Complaint, asserting the following causes of action: (1) Failure to Provide Meal Periods (Lab. Code §§ 204, 223, 226.7, 512 and 1198); (2) Failure to Provide Rest Periods (Lab. Code §§ 204, 223, 226.7 and 1198); (3) Failu...

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 ...

Excerpt: ... RULING RE: [RENEWED] MOTIONS TO BE RELIEVED AS COUNSEL The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on November 2, 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”). According to the allegations of the First Amended...

Excerpt: ...ssues its tentative ruling as follows: I. INTRODUCTION This class and representative action arises out of various alleged wage and hour violations. As is relevant here, plaintiff Tiffany Soliman (“Plaintiff”) filed a First Amended Class Action Complaint (“FAC”) on January 25, 2022, which set forth causes of action for: (1) Failure to Pay Lawful Wages; (2) Failure to Provide Lawful Meal Periods or Compensation in Lieu Thereof; (3) Failure ...

Excerpt: ...ctober 26, 2022 at 1:30 p.m. in Department 3. The court reviewed and considered the written submissions filed by the parties and issued a tentative ruling on or before Tuesday, October 25, 2022. Defendant Langan Engineering and Environmental Services (“Langan”) and defendant Drill Tech Drilling & Shoring, Inc. (“Drill Tech”) contested the tentative ruling. On the morning of October 26, 2022, Drill Tech requested a one‐week continuance o...

Excerpt: ...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 various alleged wage and hour violations. On June 17, 2020, plaintiff Noe Alcazar (“Alcazar”) filed a Class Action Complaint (“Complaint”), setting forth the following causes of action: (1) Failure to Pay Minimum and Straight Time Wages [Cal. Lab. Code §§ 204, 1194, 1194.2, and 1197]...

Excerpt: ... action arises out of alleged wage and hour violations. Plaintiff David Xiqui Vasquez (“Plaintiff”) started working as a kitchen cook for defendant The Province LLC (“Province”) on or around May 2021. (Complaint, ¶ 10.) Defendant Paul Reddick (“Reddick”) is an owner, director, officer, and/or managing agent of Province. (Id. at ¶ 6.) During his employment Plaintiff was classified as an hourly, non‐ exempt employee. (Id. at ¶ 10.)...

Excerpt: ...Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This consolidated action involves five related matters: (1) ZL Technologies, Inc. v. SplitByte Inc, et al. (Case No. 20CV366939); (2) Arvind Srinivasan v. ZL Technologies, Inc., et al. (Case No. 20CV373027); (3) Arvind Srinivasan v. ZL Technologies, Inc. (Case No. 20CV373149); (4) ZL Technologies, Inc., et al. v. Arvind Srinivasan (Case No. 21CV378097); and (5) Ar...

Excerpt: ...October 26, 2022 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a construction defect action. According to the allegations of the operative First Amended Complaint (“FAC”), filed on February 5, 2020, plaintiff SJSC Properties, LLC (“SJSC”) is in the process of building a modern, multifamily residential apartment complex and mixed‐use project comprised of two 28‐story towers ...

Excerpt: ... now issues its tentative ruling 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, filed on February 26, 2020, sets forth the following causes of action: (1) Failure to Pay Wages and/or Overtime Under Labor Code §§ 510, 1194, and 1199; (2) Penalties Pursuant to Labor Code § 203; (3) Violation of Business & Professions Code § 172...

Excerpt: ...is a coordinated action involving the following cases: (1) Harbour v. SOS Security, LLC, et al., Case No. 19STCV33232, Los Angeles County Superior Court (“Harbour”); (2) Williams v. SOS Security, LLC, et al., Case No. 20CV362050, Santa Clara County Superior Court (“Williams”); (3) Marmolejo, et al. v. SOS Security, LP, Case No. 20CV367423, Santa Clara County Superior Court; 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ...

Excerpt: ...representative action brought pursuant to the Private Attorneys General Act of 2004 (“PAGA”) arises out of alleged wage and hour violations. The Complaint, filed on June 17, 2021, sets forth causes of action for: (1) PAGA Civil Penalties for Violations of Labor Code §§ 226.8 for Willful Misclassification; (2) PAGA Civil Penalties for Violations of Labor Code §§ 1194, 1197.1 and the Applicable Wage Order for Failure to Pay All Minimum Wage...

Excerpt: ...action arises out of the alleged misappropriation of trade secrets owned by plaintiff Tesla, Inc. (“Plaintiff”). According to the allegations of the operative Fourth Amended Complaint (“FAC”), Plaintiff designs, manufactures, and sells electric cars, electric vehicle powertrain components, as well as scalable energy generation and storage products. (FAC, ¶ 36.) Plaintiff sells successful electric vehicles and is poised to enter the picku...

Excerpt: ...e and hour violations. Plaintiff David Xiqui Vasquez (“Plaintiff”) started working as a kitchen cook for defendant The Province LLC (“Province”) on or around May 2021. (Complaint, ¶ 10.) Defendant Paul Reddick (“Reddick”) is an owner, director, officer, and/or managing agent of Province. (Id. at ¶ 6.) During his employment Plaintiff was classified as an hourly, non‐exempt employee. (Id. at ¶ 10.) Province allegedly failed to pay ...

Excerpt: ... JAMES PATRICK PETERSEN, an individual; GEORGE MILIONIS, an individual; STEVE DOLL, an individual; NATE PRICE, an individual; and DOES 1 through 50, inclusive, Defendants. Case No. 19CV344750 TENTATIVE RULING RE: MOTION TO BE RELIEVED AS COUNSEL AND MOTION TO LIFT STAY AS TO NONDEBTOR DEFENDANTS The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on October 12, 2022, at 1:30 p.m. in Department 3. The court now ...

Excerpt: ...tment 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is an action arising out of various alleged wage and hour violations. The operative First Amended Class Action and PAGA Representative Action Complaint (“FAC”), filed on July 14, 2021, sets forth causes of action for: (1) Failure to Pay Minimum Wages; (2) Failure to Pay Overtime Wages; (3) Failure to Provide Meal Periods; (4) Failure to Provide Rest Periods; (...

Excerpt: ...INTRODUCTION This action arises out of the alleged failure by defendant San Andreas Regional Center (“SARC”) 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 accessed...

Excerpt: ...te Attorneys General , Pl ai ntiff, vs. NEW LEAF COMMUNITY MARKETS, INC. , a Cal i fornia corporation; NEW SEASONS MARKET, LLC, an unknown busi ness entity; and DOES 1 through 100, i nclusive, Defendants. Case No. 21CV390546 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The above‐ ent i tled act ion comes on f or hear i ng bef or e the Honor abl e Pat r i ci a M. Lucas on Oct ober 5, 2022 at 1: 30 p. m. i n Depar ...

Excerpt: .... The court now issues its tentative ruling as follows: I. INTRODUCTION This is a class and representative action arising out of various alleged wage and hour violations. The operative First Amended Class and Representative Action Complaint (“FAC”), filed on October 26, 2020, sets forth the following causes of action: (1) Failure to Pay Minimum and Straight Time Wages [Cal. Lab. Code §§ 204, 1194, 1194.2, and 1197]; (2) Failure to Pay Overt...

Excerpt: ...behalf of himself and all others similarly situated, Plaintiff, vs. HANJIN INTERNATIONAL CORP., a California corporation; INTERCONTINENTAL HOTELS GROUP, INC., a Delaware corporation; INTERCONTINENTAL HOTELS GROUP (U.S.A.) FRANCHISING, INC., a Delaware corporation; SIX CONTINENTS HOTELS, INC. a Delaware corporation; INTERCONTINENTAL HOTELS GROUP RESOURCES, INC., a Delaware corporation; IHG MANAGEMENT (MARYLAND) LLC, a Maryland limited liability Ca...

Excerpt: ...022, 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 various alleged wage and hour violations. The operative First Amended Class Action Complaint, filed on August 19, 2021, sets forth the following causes of action: (1) Recovery of Unpaid Minimum Wages and Liquidated Damages; (2) Recovery of Unpaid Overtime; (3) Failure to Provide...

Excerpt: ...es its tentative ruling as follows: I. INTRODUCTION This is a putative class action. According to the allegations of the operative Third Amended Class Action Complaint for Damages and/or Declaratory Judgment and/or Injunctive Relief (“TAC”), filed on May 27, 2022, plaintiff Lowri McGill (“Plaintiff”) was a resident and tenant at a residential rental property known as Vine by Vintage. (TAC, ¶ 1.) Plaintiff has now vacated the unit. (Ibid....

Excerpt: ...ows: I. INTRODUCTION This is a class and representative action arising out of various alleged wage and hour violations. The Complaint, filed on December 31, 2019, sets forth the following causes of action: (1) Labor Code §§ 510 and 1194 (Cal. Wages); (2) Business & Professions Code § 17200 (Cal. Wages); (3) Labor Code § 203 (Waiting Time Penalties); and (4) Labor Code § 2699 (PAGA Penalties). // 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18...

Excerpt: ... RE: MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on September 21, 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 action arising out of defendants Pizza Antica, LLC, Pizza Antica – Lafayette, LLC, Pizza Antica – Mill Valley, LLC, and Bacchus Management Group, LLC's ...

Excerpt: ...ruling as follows: I. INTRODUCTION This is a putative class and representative action arising out of various alleged wage and hour violations. On June 17, 2020, plaintiff Noe Alcazar (“Alcazar”) filed a Class Action Complaint (“Complaint”), setting forth the following causes of action: (1) Failure to Pay Minimum and Straight Time Wages [Cal. Lab. Code §§ 204, 1194, 1194.2, and 1197]; (2) Failure to Pay Overtime Compensation [Cal. Lab. C...

Excerpt: ...lows: I. INTRODUCTION This is a putative class action arising out of the breach of defendants Guess?, Inc., Guess? Retail, Inc., and Guess? Factory's (collectively, “Defendants”) servers and the resulting disclosure of Defendants' employees' and customers' personally identifying information (“PII”), including their names, social security numbers, driver's license numbers, passport numbers, and/or financial information. (Complaint, ¶¶ 1�...

Excerpt: ...rt now issues its tentative ruling as follows: I. INTRODUCTION This is a class and representative action arising out of various alleged wage and hour violations. The operative First Amended Class and Representative Action Complaint (“FAC”), filed on October 26, 2020, sets forth the following causes of action: (1) Failure to Pay Minimum and Straight Time Wages [Cal. Lab. Code §§ 204, 1194, 1194.2, and 1197]; (2) Failure to Pay Overtime Compe...

Excerpt: ...n September 14, 2022, at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This putative class action arises out of allegations that defendants The Sobrato Organization, SI VI, LLC, and Alliance Communities Inc. (collectively, “Defendants”) made unlawful deductions to departing tenants' security deposits in bad faith, in violation of Code of Civil Procedure section 1950.5, and in violation of Bus...

Excerpt: ...ts tentative ruling as follows: I. INTRODUCTION This is a class and representative action arising out of various alleged wage and hour violations by defendant Velodyne Lidar, Inc. (“Defendant”). The operative First Amended Complaint (“FAC”), filed on October 13, 2020, sets forth the following causes of action: (1) Failure to Pay Minimum and Straight Time Wages (Cal. Lab. Code §§ 204, 1194, 1194.2, and 1197); (2) Failure to Pay Overtime ...

Excerpt: ...CTION This is a class and representative action against defendant Nutanix, Inc. (“Defendant”) arising out of various alleged wage and hour violations. The operative Second Amended Complaint, filed on November 1, 2021, sets forth the following causes of action: (1) Failure to Pay Minimum Wages; (2) Failure to Pay Overtime Wages; (3) Failure to Timely Pay All Earned Wages; (4) Failure to Provide Meal Periods; (5) Failure to Permit Rest Breaks; ...

Excerpt: ...he above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on August 31, 2022 at 9:00 a.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 various alleged Labor Code violations. The operative First Amended Complaint (“FAC”), filed on May 5, 2022, sets forth the following causes of action: (1) Failure to Pay Minimum Wages...

Excerpt: ...es on for hearing before the Honorable Patricia M. Lucas on August 31, 2022 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I. INTRODUCTION According to the allegations of the Complaint, filed on December 10, 2018, plaintiff and cross‐defendant Velocity Investments, LLC (“Velocity”) is the owner of debt owed by defendant and cros...

Excerpt: ... on for hearing before the Honorable Patricia M. Lucas on August 31, 2022 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I. INTRODUCTION According to the allegations of the Complaint, filed on September 20, 2016, plaintiff and cross‐defendant Velocity Investments, LLC (“Velocity”) is the owner of debt owed by defendant and cross...

Excerpt: ...g 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 Management, LLC (“Defendant”) arising fr...

Excerpt: ...s its tentative ruling as follows: I. INTRODUCTION This is a class and representative action arising out of various alleged wage and hour violations. The operative First Amended Class and Representative Action Complaint (“FAC”), filed on October 26, 2020, sets forth the following causes of action: (1) Failure to Pay Minimum and Straight Time Wages [Cal. Lab. Code §§ 204, 1194, 1194.2, and 1197]; (2) Failure to Pay Overtime Compensation [Cal...

Excerpt: ...es its tentative ruling as follows: I. INTRODUCTION This is a representative action arising out of various alleged wage and hour violations. Defendant Little Caesar Enterprises, Inc. (“Defendant”) allegedly employed plaintiff Jose Cuevas (“Plaintiff”) from approximately June 15, 2006 to November 5, 2019, as an hourly‐paid crew member/cook at Defendant's restaurant in San Jose, California. (Complaint, ¶ 6.) Plaintiff alleges that Defend...

Excerpt: ... RULING RE: MOTION TO STAY CASE The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on August 17, 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”). According to the allegations of the First Amended Class Action Complaint ...

Excerpt: ...INTRODUCTION This is a putative class and representative action arising out of various alleged wage and hour violations. The operative First Amended Complaint, filed on March 30, 2022, sets forth the following causes of action: (1) Failure to Pay Minimum Wages; (2) Failure to Pay Overtime Wages; (3) Failure to Provide Meal Periods; (4) Failure to Permit Rest Breaks; (5) Failure to Provide Accurate Itemized Wage Statements; (6) Failure to Pay All ...

Excerpt: ...uated, Plaintiff, vs. JSR MICRO, INC.; JSR NORTH AMERICA HOLDINGS, INC.; JSR LIFE SCIENCES, LLC; and DOES 1 through 20, inclusive, Defendants. The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on August 17, 2022 at 9:00 a.m. in Department 3. The court now issues its tentative ruling as follows: 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I. INTRODUCTION On June 23, 2021, plain...

Excerpt: ...e‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on August 17, 2022 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I. INTRODUCTION According to the allegations of the Complaint, filed on October 24, 2019, plaintiff and cross‐defendant Velocity Investments, LLC (“Velocity”) is the owner of debt owed...

Excerpt: ...spute between plaintiffs Regional Medical Center and Good Samaritan Hospital (collectively, “Plaintiffs”) and defendant County of Santa Clara dba Valley Health Plan (“Defendant”). Plaintiff's original Complaint, filed on December 15, 2020, set forth the following causes of action: (1) Breach of Implied‐in‐Law Contract (Emergency Services); (2) Breach of Impliedin‐Law Contract (Post‐ Stabilization Services); (3) Breach of Implied�...

Excerpt: ...ues its tentative ruling as follows: I. INTRODUCTION This is a construction defect action. According to the allegations of the operative First Amended Complaint (“FAC”), filed on February 5, 2020, plaintiff SJSC Properties, LLC (“SJSC”) is in the process of building a modern, multifamily residential apartment complex and mixed‐use project comprised of two 28‐story towers and a below‐ grade parking garage (the “Project”). (FAC, �...

Excerpt: ...bove‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on August 10, 2022 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This personal injury action brought by plaintiffs James W. Lynn (“Mr. Lynn”) and Sheelagh Lynn (collectively, “Plaintiffs”) arises out of Mr. Lynn's malignant mesothelioma, which was allegedly caused by exposure to asbestos. The operative F...

Excerpt: ...g as follows: I. INTRODUCTION This is a putative class action for alleged violations of the Fair Credit Reporting Act (“FCRA”). Plaintiff Desire Oyero (“Plaintiff”) alleges that defendant Pride Industries (“Defendant”) routinely acquires consumer, investigative consumer, and/or consumer credit reports to conduct background checks on Plaintiff and other employees and uses information from the reports in connection with the hiring proce...

Excerpt: ...ion involving the following cases: (1) Harbour v. SOS Security, LLC, et al., Case No. 19STCV33232, Los Angeles County Superior Court (“Harbour”); (2) Williams v. SOS Security, LLC, et al., Case No. 20CV362050, Santa Clara County Superior Court (“Williams”); (3) Marmolejo, et al. v. SOS Security, LP, Case No. 20CV367423, Santa Clara County Superior Court; 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (4) Muse...

Excerpt: ...tative ruling as follows: I. INTRODUCTION Plaintiffs Hemant Raskilal Shah and Kervin Nguyen (collectively, “Plaintiffs”) allege that defendant Chevron Stations, Inc. (“Defendant”) violated various provisions of the Labor Code and the applicable IWC wage order by failing to: (1) accurately calculate and pay all wages owed, including overtime and minimum wages; (2) pay minimum wages for each hour worked; (3) authorize and permit lawful rest...

Excerpt: ...ion comes on for hearing before the Honorable Patricia M. Lucas on August 3, 2022 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I. INTRODUCTION Plaintiff Velocity Investments LLC (“Velocity Investments”) filed its Complaint on September 10, 2020 to recover an alleged debt. The Complaint sets forth causes of action for (1) Account...

Excerpt: ..., 2022, at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This putative class action arises out of allegations that defendants The Sobrato Organization, SI VI, LLC, and Alliance Communities Inc. (collectively, “Defendants”) made unlawful deductions to departing tenants' security deposits in bad faith, in violation of Code of Civil Procedure section 1950.5, and in violation of Business and Prof...

Excerpt: .... INTRODUCTION The operative First Amended Complaint (“FAC”), filed on August 18, 2021, alleges a single cause of action for Failure to Provide Proper Disclosure in Violation of the FCRA (15 U.S.C. §§ 1681b(b)(2)(A)). Now before the court is the motion by plaintiff Eric M. Wickham (“Plaintiff”) for sanctions against defendant Schenker, Inc. (“Defendant”) and its counsel pursuant to Code of Civil Procedure section 128.5, subdivision ...

Excerpt: ...ourt now issues its tentative ruling as follows: I. INTRODUCTION This is a class and representative action arising out of various alleged wage and hour violations. The operative First Amended Class Action Complaint (“FAC”), filed on April 18, 2022, sets forth the following causes of action: (1) Violation of California Labor Code §§ 510 and 1198 (Unpaid Overtime); (2) Violation of California Labor Code §§ 226.7 and 512(a) (Unpaid Meal Peri...

Excerpt: ...nd hour violations. Plaintiff David Xiqui Vasquez (“Plaintiff”) started working as a kitchen cook for defendant The Province LLC (“Province”) on or around May 2021, and his employment ended on or around August 6, 2021. (Complaint, ¶ 10.) Defendant Paul Reddick (“Reddick”) is an owner, director, officer, and/or managing agent of Province. (Id. at ¶ 6.) During his employment Plaintiff was classified as an hourly, non‐exempt employee...

Excerpt: ...uary 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 balance tr...

Excerpt: ... Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This action arises out of agreements to invest in and “flip” real estate. On December 23, 2021, Plaintiff Vinh Q. Hoang (“Plaintiff”) filed the operative Fifth Amended Complaint (“5AC”) against defendants Trung Nhat Tran, Thoa Thi Kim Nguyen, Nam Nhat Tran, Katelyn Phan, Tam Nguyen, Hung Nguyen, Nhan Dinh, Dionel Sanchez Ramirez, Sheldon Jay Cohn, PHP...

Excerpt: ... July 13, 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 action brought by plaintiff Kristalinna Pacheco (“Plaintiff”), alleging violations of the Fair Credit Reporting Act (“FCRA”). The Complaint, filed on November 17, 2020, set 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...

Excerpt: ... tentative ruling as follows: I. INTRODUCTION On October 28, 2021, plaintiff Jamie Bridges (“Plaintiff”) asserted, in a different action against defendants Premier Nissan of San Jose, LLC and Troy Duhon (collectively, “Defendants”), individual claims for wage and hour violations, retaliation, and wrongful termination: Bridges v. Premier Nissan of San Jose, LLC, et al. (Santa Clara County Superior Court, Case No. 21CV390763) (“Individual...

Excerpt: ...urt now issues its tentative ruling as follows: I. INTRODUCTION This is a class and representative action arising out of various alleged wage and hour violations. The operative Second Amended Class and Representative Action Complaint (“SAC”), filed on June 2, 2021, sets forth the following causes of action: (1) Failure to Pay All Overtime Wages Owed (Labor Code §§ 204, 510, 558, 1194, 1198); (2) Failure to Pay All Minimum Wages Owed (Labor ...

Excerpt: ...ntative ruling as follows: I. INTRODUCTION This is a construction defect action. According to the allegations of the operative First Amended Complaint (“FAC”), filed on February 5, 2020, plaintiff SJSC Properties, LLC (“SJSC”) is in the process of building a modern, multifamily residential apartment complex and mixed‐use project comprised of two 28‐story towers and a below grade parking garage (the “Project”). (FAC, ¶ 2.) As a re...

Excerpt: ...aggrieved employees, Plaintiff, vs. CANON BUSINESS PROCESS SERVICES, INC., a Delaware corporation; CANON U.S.A., INC., a New York corporation; and DOES 1 through 10, inclusive, Defendants. Case No. 21CV391418 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on July 6, 2022 at 1:30 p.m. in Department 3. The court now issues its tenta...

Excerpt: ...te between plaintiffs Regional Medical Center and Good Samaritan Hospital (collectively, “Plaintiffs”) and defendant County of Santa Clara dba Valley Health Plan (“Defendant”). Plaintiff's original Complaint, filed on December 15, 2020, set forth the following causes of action: (1) Breach of Implied‐in‐ Law Contract (Emergency Services); (2) Breach of Impliedin‐Law Contract (Post‐Stabilization Services); (3) Breach of Implied‐in...

Excerpt: ...s follows: I. INTRODUCTION This is a class and representative action arising out of various alleged wage and hour violations. The operative First Amended Complaint, filed on February 26, 2020, sets forth the following causes of action: (1) Failure to Pay Wages and/or Overtime Under Labor Code §§ 510, 1194, and 1199; (2) Penalties Pursuant to Labor Code § 203; (3) Violation of Business & Professions Code § 17200; and (4) Penalties Pursuant to ...

Excerpt: ...OWARD; KRISTIAN KNOWLES; DAVID & YUNG MANIBUSAN; ADRIANA MARTINS; ROSS & MARISA MCMILLAN; PAM & ROBERT MOULDEN; DJENNE‐SUKARI & DEQUAL NATHANIEL; HENRY NGUYEN; ERWIN & JENNIFER PABLO; GARY & STACY QUIBELAN; JOSEPH & NICOLE QUINATA; CARLA RICHARDSON; DAVIDA ROBINSON; JENNIFER & ERNESTO ROM; EDUARDO & RIZZA SANTOS; BALJEET & ARMINDER SINGH; GEORGE & MARIKA SOMORJAI; DAVID & CRYSTAL SULLIVAN; JOSHUA & ALICIA VERA; ROBERT & SHAIRON ZINGSHEIM, Plain...

Excerpt: ...urity, LLC, et al., Case No. 19STCV33232, Los Angeles County Superior Court (“Harbour”); (2) Williams v. SOS Security, LLC, et al., Case No. 20CV362050, Santa Clara County Superior Court (“Williams”); (3) Marmolejo, et al. v. SOS Security, LP, Case No. 20CV367423, Santa Clara County Superior Court (“Marmolejo”); (4) Muse v. SOS Security, LLC, et al., Case No. RG20066195, Alameda County Superior Court (“Muse”); and 2 1 2 3 4 5 6 7 ...

Excerpt: ...ntative ruling as follows: I. INTRODUCTION This is a class and representative action arising out of various alleged wage and hour violations. The operative First Amended Class and Representative Action Complaint (“FAC”), filed on June 22, 2022, sets forth the following causes of action: (1) Unlawful Business Practices [Cal. Bus. & Prof. Code §§ 17200, et seq.]; (2) Failure to Properly Pay Minimum and StraightTime Wages [Cal. Lab. Code §§ ...

Excerpt: ... RULING RE: DISCOVERY MOTIONS The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on June 29, 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”). According to the allegations of the First Amended Class Action Complaint for ...

Excerpt: ...��Subject Property.”) A three day notice to pay rent or quit was served May 4, 2022. On May 16, 2022, the complaint was filed. On June 1, 2022, Plaintiff filed a proof of service of the complaint and summons, indicating personal service on Defendant Campos on May 21, 2022. On June 9, 2022, default judgment was entered and the writ of possession was issued. On June 13, 2022, Defendant attempted to file an answer, which was rejected and filed thi...

Excerpt: ...ION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on June 22, 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 various alleged wage and hour violations. The Complaint, filed on March 10, 2021, sets forth the following causes of action: (1) Fai...

Excerpt: ...e Patricia M. Lucas on June 22, 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 various alleged wage and hour violations. The original complaint was filed on April 8, 2020. The operative First Amended Complaint, filed on August 13, 2020, sets forth the following causes of action: (1) Failure to Pay Overtime Wages (Labor Code § ...

Excerpt: ...llegations of the operative Second Amended Complaint (“SAC”), filed on January 27, 2022, plaintiff Canyon Bridge Fund I, LP (“Plaintiff”) is a Delaware limited partnership that has held stock in non‐party Wave Computing, Inc. (“Wave”) since about August 2017. (SAC, ¶ 2.) Wave is a company incorporated in Delaware and with its principal place of business in Santa Clara County, CA. (Id. at ¶ 1.) // 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14...

Excerpt: ...for hearing before the Honorable Patricia M. Lucas on June 8, 2022 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a representative action brought pursuant to the Private Attorneys General Act of 2004 (“PAGA”). According to the operative pleading, the Complaint filed on June 1, 2020, plaintiff Joshua Robinson (“Plaintiff”) was employed by defendants Stryker Corporation (“Stryke...

Excerpt: ... as follows: I. INTRODUCTION This is a putative class action. According to the allegations of the operative Third Amended Class Action Complaint for Damages and/or Declaratory Judgment and/or Injunctive Relief (“TAC”), filed on May 27, 2022, plaintiff Lowri McGill (“Plaintiff”) was a resident and tenant at a residential rental property known as Vine by Vintage. (TAC, ¶ 1.) Plaintiff has now vacated the unit. (Ibid.) 2 1 2 3 4 5 6 7 8 9 1...

Excerpt: ...t 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 written communications that fail to p...

Excerpt: ...INTRODUCTION This class and representative action arises out of various alleged wage and hour violations. Plaintiff Tiffany Soliman (“Plaintiff”) brings this action on behalf of herself and similarly situated employees, employed or formerly employed in California by defendant Satellite Healthcare, Inc. (“Defendant”), and not classified as exempt or primarily employed in the executive, professional, or administrative capacities (collective...

Excerpt: ...2022 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a representative action under the Private Attorneys General Act (“PAGA”) arising out various alleged wage and hour violations. Plaintiff Deangelo Daniels (“Plaintiff”) alleges that defendant Garuda Labs, Inc. dba Instawork (“Defendant”) hired him and other putative class members and misclassified them as independent contrac...

Excerpt: ...3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a representative action arising out of various wage and hour violations. Plaintiff Martha Cortez Benitez (“Plaintiff”) filed a complaint (“Complaint”) against defendant BPR Hotel Management, LLC (“Defendant”) on September 20, 2021, which sets forth a single cause of action for violation of the Private Attorneys General Act of 2004 (“PAGA”). 2 1 2 3 4 ...