Excerpt: ...ril 7, 2021 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 various alleged wage and hour violations. The First Amended Class Action Complaint sets forth the following causes of action: (1) Failure to Pay Overtime Wages; (2) Failure to Pay Minimum Wages; (3) Failure to Provide Meal Periods; (4) Failure to Provide Rest Periods; (5) Wage Statement Vio...

Excerpt: ...ows: I. INTRODUCTION Plaintiff Jesus Mendez (“Plaintiff”) brings this action against defendants Eclaro International, Inc. (“Eclaro”) and New York Life Insurance Company (“NYL”) (collectively, “Defendants”) for various wage and hour violations. The Second Amended Complaint (“SAC”), filed on December 16, 2020, sets forth the following causes of action: (1) Failure to Pay Wages Each Week; (2) Failure to Pay Minimum Wages; (3) Fa...

Excerpt: ...w issues its tentative ruling as follows: I. INTRODUCTION This is a class and representative action alleging wage and hour violations. The parties have reached a settlement. The Fourth Amended Complaint, filed pursuant to stipulation on the same day as the current motion, sets forth the following causes of action: (1) Failure to Pay Overtime Wages; (2) Failure to Pay Minimum Wages; (3) Failure to Provide Meal Breaks; (4) Failure to Provide Rest B...

Excerpt: ...as follows: I. INTRODUCTION This putative class action arises out of various alleged Labor Code violations, brought by plantiff Michael Oliver against defendant Konica Minolta Business Solutions USA (“Defendant”). The original complaint, filed in April 2014, set forth three causes of action: (1) failure to pay overtime wages and failure to provide accurate wage statements; (2) failure to reimburse for work related expenses; and (3) violation ...

Excerpt: ...ion setting forth a single cause of action for breach of contract. According to the Amended Class Action Complaint (“FAC”), filed on January 25, 2021, plaintiff Jesse Scott (“Plaintiff”) brings this action on behalf of individuals that purchased Stadium Builders Licenses (“SBLs”) from defendant Santa Clara Stadium Authority (“Defendant”) to have the right to purchase annual season tickets to attend home games of the National Footb...

Excerpt: ...t 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 (“CFDBPA”). Plaintiff Janice Ashley Dayton (“Plaintiff”) seeks statutory damages against defendant Portfolio Recovery Associates, LLC (“Defendant”) arising from its routine practice of sending initial written communications that provide the notice required by the CFDBP...

Excerpt: ...t 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 (“CFDBPA”). Plaintiff Janice Ashley Dayton (“Plaintiff”) seeks statutory damages against defendant Portfolio Recovery Associates, LLC (“Defendant”) arising from its routine practice of sending initial written communications that provide the notice required by the CFDBP...

Excerpt: ...tative ruling as follows: I. INTRODUCTION This is a putative class action arising out of various alleged wage and hour violations. The First Amended Complaint, filed on February 4, 2020, sets forth the following causes of action: (1) Unpaid Wages; (2) Overtime Wages; (3) Failure to Provide Accurate Itemized Wage Statements; (4) Failure to Provide Complaint Meal and Rest Periods; (5) Failure to Pay All Wages Due Upon Termination; (6) Unfair Busine...

Excerpt: ... 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION Plaintiffs Elizabeth J. VanCleave and Katharine Hassan (collectively, “Plaintiffs”) bring this putative class action arising out of the alleged deceptive and misleading business practices of defendant Abbott Laboratories, Inc. (“Defendant”) with respect to the labeling and advertising of its PediaSure products in California. (First Amended Cl...

Excerpt: ...N This case is brought pursuant to the Private Attorneys General Act of 2004 (“PAGA”). Plaintiffs Aaron Salian and Ariya Hajiheidari (collectively, “Plaintiffs”) allege defendant TMobile USA, Inc. (“Defendant”) does not provide an adequate number of suitable seats in reasonable proximity to aggrieved employees' work areas. (First Amended Complaint, ¶ 11.) The parties have reached a settlement. Plaintiffs move for court approval of th...

Excerpt: ...cording to the allegations of the Third Amended Complaint (“TAC”), filed on November 9, 2020, plaintiff Brady Esch (“Esch”) (no longer a party to this action) is trained as a mechanical engineer and a materials scientist and engineer. (TAC, ¶ 20.) Esch was hired on August 2, 2004, to work for VNUS Medical Technologies (“VNUS”) at its San Jose, California facility. (Id. at ¶ 21.) On May 8, 2009, VNUS was acquired by defendants Covidi...

Excerpt: ...le Patricia M. Lucas on March 10, 2021 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a representative action setting forth a single cause of action pursuant to the Private Attorneys General Act of 2004 (“PAGA”) for alleged wage and hour violations. The parties have reached a settlement. As part of the settlement, plaintiff Robert Taitt and Joel Mitchell seek to file a First Amended...

Excerpt: ... 2021 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”). Plaintiff Frederick Michele Brady (“Plaintiff”) seeks statutory damages against defendant Patenaude & Felix (“Defendant”) arising from its routine practice of sending initial written communications t...

Excerpt: ... 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 Fair Debt Buying Practices Act (“CFDBPA”). Plaintiff Bruno Fleming (“Plaintiff”) seeks statutory damages against defendant Oliphant Financial, LLC (“Defendant”) arising from its routine practice of sending initial written communications that provide the notice req...

Excerpt: ...ble Patricia M. Lucas on February 24, 2021 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 In the two related cases of 16CV300096 and 18CV338986, Plaintiff Velocity Investments, LLC (“Velocity”) asserted claims against defendants Maria Antonia Canul (“Canul”) and Eva Marcelo Pascual (“Pascual”), respectively...

Excerpt: ...ble Patricia M. Lucas on February 24, 2021 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 In the two related cases of 16CV300096 and 18CV338986, Plaintiff Velocity Investments, LLC (“Velocity”) asserted claims against defendants Maria Antonia Canul (“Canul”) and Eva Marcelo Pascual (“Pascual”), respectively...

Excerpt: ...Correa (“Correa”) (collectively, “Plaintiffs”) allege that defendant Home Depot U.S.A., Inc. (“Defendant”) uses a timekeeping system that unlawfully rounds the time worked by each employee to the nearest quarter hour. (Complaint, ¶ 13.) The Complaint, filed on March 20, 2019, sets forth the following causes of action: (1) Failure to Pay Hourly Wages; and (2) Unfair Competition. Defendant now moves for summary judgment. 2 1 2 3 4 5 6 ...

Excerpt: ...ken Inc. (“Thunder Token”) brings this lawsuit for breach of employment contract against defendant Zachary Amsden (“Amsden”). Thunder Token alleges Amsden resigned from employment with Thunder Token approximately 13 months after he was hired, but has not repaid the unvested portion of his sign‐on bonus. (Complaint, ¶ 1.) The Complaint, filed on July 24, 2020, sets forth a single cause of action for breach of contract. 2 1 2 3 4 5 6 7 8...

Excerpt: ... the allegations of the First Amended Complaint (“FAC”), filed on May 30, 2019, defendant Varsity Tutors LLC (“Defendant”) sells and provides private tutoring services. (FAC, ¶ 1.) At least 40,000 tutors work for Defendant nationwide. (Id. at ¶ 10.) Plaintiff Henry Mulak was employed by Defendant as a tutor for five years. (Id. at ¶ 3.) Plaintiff Alexander Charles has been employed by Defendant as a tutor since May 2018. (Id. at ¶ 4.)...

Excerpt: ...artment 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 First Amended Complaint, filed on July 10, 2020, 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 A...

Excerpt: ...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 various alleged Labor Code violations. According to the allegations of the First Amended Complaint (“FAC”), filed on November 9, 2018, plaintiff Talia Arroyo Rocha (“Plaintiff”) worked as a courier/delivery driver from July 21, 2015, to August 20, 2015, for defendant Cernx MN, LLC (“Defendant”...

Excerpt: ..., 2020, this case arises out of defendant Keysight Technologies' (“Defendant” or “Keysight”) tortious scheme to defraud and steal valuable business opportunities from plaintiff Guzik Technical Enterprises (“Plaintiff” or “Guzik”). (FAC, ¶ 1.) Under the guise of forming a partnership to develop and sell high‐bandwidth digitizer products, Defendant used a web of false promises, factual misrepresentations, and fraudulent omissions...

Excerpt: ...ourt 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 (“CFDBPA”). Plaintiff Janice Ashley Dayton (“Plaintiff”) seeks statutory damages against defendant Portfolio Recovery Associates, LLC (“Defendant”) arising from its routine practice of sending initial written communications that provide the notice required by the CF...

Excerpt: ...ourt 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 (“CFDBPA”). Plaintiff Janice Ashley Dayton (“Plaintiff”) seeks statutory damages against defendant Portfolio Recovery Associates, LLC (“Defendant”) arising from its routine practice of sending initial written communications that provide the notice required by the CF...

Excerpt: ...ent 3. The court now issues its tentative ruling as follows: I. INTRODUCTION On October 15, 2019 following a jury trial, judgment was entered in favor of Plaintiff Brokaw San Jose LLC (“Plaintiff”) and against Defendant Pacific Bay Recycling Center, Inc. (“Defendant”) only, Mindy Ngo (“Ms. Ngo”) having been dismissed as a defendant without prejudice on September 23, 2019, before trial began. After judgment was entered, the court on 2 ...