Excerpt: ...a M. Lucas on February 10, 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 Complaint sets forth the following causes of action: (1) Failure to Provide Meal Periods; (2) Failure to Provide Rest Periods; (3) Failure to Pay Hourly Wages; (4) Failure 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1...

Excerpt: ...sues 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 12, 2019, sets forth the following causes of action: (1) Failure to Provide Rest Periods; (2) Failure to Provide Meal Periods; (3) Failure to Pay Hourly and Overtime Wages; (4) Failure to Pay Minimum Wage; (5) Failure to Furnish Itemized Wage St...

Excerpt: ... coordinated cases involving Arriaga & Associates, Inc. (“Arriaga, Inc.”), a company that provides security for other businesses and entities. (See Verified First 1 The included actions are: (1) Giron, et al. v. Arriaga, et al., Superior Court of California, County of Los Angeles, Case No. BC667718; (2) Arriaga, et al. v. Lara, et al., Superior Court of California, County of Santa Clara, Case No. 17CV310003; (3) Jordan v. Arriaga & Associates...

Excerpt: ...ues 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 12, 2019, sets forth the following causes of action: (1) Failure to Provide Rest Periods; (2) Failure to Provide Meal Periods; (3) Failure to Pay Hourly and Overtime Wages; (4) Failure to Pay Minimum Wage; (5) Failure to Furnish Itemized Wage Sta...

Excerpt: ...s: 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 April 27, 2020, sets forth the following causes of action: (1) Failure to Provide Meal Periods; (2) Failure to Provide Rest Periods; (3) Failure to Pay Hourly Wages; (4) Failure to Indemnify; (5) Failure to Provide Accurate Written Wage Statements; (6) Failure to Timely Pay All Final ...

Excerpt: ...ring before the Honorable Patricia M. Lucas on January 27, 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 This is a shareholder derivative action brought on behalf of Newco Materials Technology, Inc. (“Newco” or “Newco USA”). (Shareholder's Derivative Complaint (“Complaint”), ¶ 1.) Plaintiffs Ho...

Excerpt: ...COSTS The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on January 27, 2021 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a wage and hour case. The Complaint, filed on December 7, 2018, sets forth a single cause of action for civil penalties pursuant to the Private Attorneys General Act of 2004 (“PAGA”). 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16...

Excerpt: ...FOR SUMMARY JUDGMENT/ADJUDICATION; MOTION FOR SUMMARY ADJUDICATION The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on January 20, 2021 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 arising out of the development, design, and construction of the City Park at Sunnyvale project (the “Project”) and the establishment o...

Excerpt: ...AL APPROVAL OF CLASS ACTION SETTLEMENT The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on January 20, 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 and representative action arising out of various alleged wage and hour violations. The First Amended Complaint, filed on February 5, 2020, sets forth the following causes ...

Excerpt: ...icia M. Lucas on January 13, 2021 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This action brought by plaintiff David Biggs (“Plaintiff”), a driver for defendant Lyft, Inc. (“Defendant”), includes individual and Private Attorneys General Act (“PAGA”) claims. (Complaint, ¶ 15.) The Complaint, filed on June 4, 2020, sets forth the following causes of action: (1) PAGA Penalties for ...

Excerpt: ... 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 required by the ...

Excerpt: ...N This is a putative class action and representative action arising out of various alleged wage and hour violations. The Second Amended Class and Representative Action Complaint, filed on July 30, 2020, sets forth the following causes of action: (1) Failure to Pay Minimum Wage; (2) Failure to Authorize and Permit Paid Rest Breaks and Pay Premium Pay; (3) Failure to Provide Off‐Duty Meal Breaks and Pay Premium Pay; (4) Failure to Issue Itemized ...

Excerpt: ... 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 Complaint 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 Period Premiums); (3) Violation of California Labor Code § 226.7 (Unpaid Rest Period Premium...

Excerpt: ...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 Complaint (“FAC”), filed on July 10, 2020, sets forth the following causes of action: (1) Failure to Pay Overtime Wages; (2) Failure to Provide Meal Periods; (3) Failure to Permit Rest Breaks; (4) Failure to Provide Accurate Itemized Wage Statements; (5) Failure to Pay All Wages Due...

Excerpt: ...1867 TENTATIVE RULING RE: MOTION TO QUASH The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on December 16, 2020 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 This action arises out of alleged trade secret misappropriation. The Fourth Amended Complaint, filed on May 18, 2020...

Excerpt: ...ve ruling as follows: I. INTRODUCTION This is a putative class action arising out of various alleged wage and hour violations. The Second Amended Class and Representative Action Complaint sets forth the following causes of action: (1) Knowing and Intentional Failure to Issue Accurate Wage Statements; (2) Injunctive Relief; (3) Failure to Pay for All Hours Worked; (4) Failure to Authorize and Permit Off‐Duty Paid Rest Breaks and Pay Premium Pay;...

Excerpt: ...t 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action and representative action arising out of various alleged wage and hour violations. The First Amended Complaint (“FAC”), filed on October 5, 2018, sets forth the following causes of action: (1) Failure to Provide Meal Periods; (2) Failure to Provide Rest Periods; (3) Failure to Pay Hourly Wages; (4) Failure to Pay ...

Excerpt: ...partment 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, brought by plantiff Aurelio Landa (“Plaintiff”) against defendants Christopher Ranch, LLC (“Christopher Ranch”) and B & A International Farm Labor Services, Inc. (“B & A”) (collectively, “Defendants”). According to the allegations of the Complaint, filed on Septembe...

Excerpt: ...al; and DOES 1 through 10, Defendants. Case No. 19CV359891 TENTATIVE RULING RE: PETITION TO COMPEL ARBITRATION AND STAY CASE The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on December 9, 2020 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION Plaintiff Maire Tecnimont S.p.A. and its wholly‐owned affiliate, plaintiff MET Gas Processing Technologies S.p.A. (...

Excerpt: ...1867 TENTATIVE RULING RE: MOTION TO QUASH; DEMURRER AND MOTION TO STRIKE; MOTION TO QUASH; MOTION TO STAY ORDER The above‐ entitled action comes on for hearing before the Honorable Patricia M. Lucas on December 9, 2020 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 This action arises out of alleged trade secret...

Excerpt: ...artment 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 Violations; (6) Waiting Time Penal...

Excerpt: ...es its tentative ruling as follows: I. INTRODUCTION This is a putative class action arising out of alleged violations of the Fair Credit Reporting Act (“FCRA”), the California Investigative Consumer Reporting Agencies Act (“ICRAA”), and the California Consumer Credit Reporting Agencies Act (“CCRAA”). Plaintiff also alleges violations of the Labor Code and Business and Professions Code. The First Amended Complaint sets forth the follow...

Excerpt: ...comes on for hearing before the Honorable Patricia M. Lucas on December 2, 2020 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 Kerry William Scribner (“Plaintiff”) seeks statutory damages against defendants Simm Associates, Inc., Jeffrey S. Simen...

Excerpt: ...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 Labor Code violations. The Sixth Amended Complaint, filed on October 2, 2018, sets forth the following causes of action: (1) Failure to Pay Meal Periods; (2) Failure to Provide Rest Periods; (3) Failure to Pay Overtime Compensation; (4) Failure to Provide Accurate Wage Statements; (5) F...

Excerpt: ...ues its tentative ruling as follows: I. INTRODUCTION This is a putative class action arising out of alleged violations of the Fair Credit Reporting Act (“FCRA”), the California Investigative Consumer Reporting Agencies Act (“ICRAA”), and the California Consumer Credit Reporting Agencies Act (“CCRAA”). Plaintiff also alleges violations of the Labor Code and Business and Professions Code. The First Amended Complaint sets forth the follo...