Excerpt: ...cording to the allegations of the Second Amended Complaint (“SAC”), filed on June 12, 2020, plaintiff Brady Esch (“Esch”) (no longer a party to this action) is trained as a mechanical engineer and a materials scientist and engineer. (SAC, ¶ 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 Covidien...

Excerpt: ...now issues its tentative ruling as follows: I. INTRODUCTION This action arises out of alleged trade secret misappropriation. The Fourth Amended Complaint, filed on May 18, 2020, sets forth the following causes of action: (1) Breach of Contract; (2) Breach of the Covenant of Good Faith and Fair Dealing; (3) Unfair Business Practices; (4) Intentional Interference with Contractual Relations; (5) Intentional Interference ‐ 2 ‐ 1 2 3 4 5 6 7 8 9 1...

Excerpt: ... No. 2017‐1‐CV‐306507 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 17, 2020 at 9:00 a.m. in Department 3. The court now issues its tentative ruling as follows: XI. INTRODUCTION This case arises out of a patent ownership dispute. According to the allegations of plaintiff Zeno Semiconductor Inc.'s (“Plaintiff” or...

Excerpt: ...20 at 9:00 a.m. in Department 3. The court now issues its tentative ruling as follows: VII. 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; ...

Excerpt: ...s tentative ruling as follows: I. INTRODUCTION This is a putative class action arising out of various alleged Labor Code violations. The Complaint, filed on October 23, 2018, sets forth the following causes of action: (1) Failure to Pay Wages Owed Including Overtime Pay; (2) Failure to Pay Wages for Missed Meal Periods; (3) Failure to Pay Wages for Missed Rest Periods; (4) Failure to Reimburse Business Expenses; (5) Failure to Provide Accurate It...

Excerpt: ..., 2020 at 9:00 a.m. in Department 3. The court now issues its tentative ruling as follows: IV. INTRODUCTION This is a putative class action arising out of various alleged wage and hour violations. The Class Action Complaint for Damages, filed on February 14, 2018, sets forth causes of action titled: (1) Violation of California Labor Code §§ 510 and 1198; (2) Violation of California Labor Code §§ 26.7 and 512(a); (3) Violation of California La...

Excerpt: ...sues its tentative ruling as follows: I. INTRODUCTION This is a putative consumer class action. Plaintiffs Adam D.K. Abelkop and Katherine G. MacDonald (collectively, “Plaintiffs”) represent a putative class of former and present tenants of defendant The Sobrato Organization (“Sobrato”), which owns and operates thousands of apartment units in California. (First Amended Complaint (“FAC”), ¶ 12.) Defendant Alliance Communities, Inc. (�...

Excerpt: ...3. The court now issues its tentative ruling as follows: XII. INTRODUCTION This is a putative class action arising out of various alleged Labor Code violations. The Complaint, filed on August 2, 2019, sets forth the following causes of action: (1) Failure to Provide Required Meal Periods; (2) Failure to Provide Required Rest Periods; (3) Failure to Pay Overtime Wages; (4) Failure to Pay Minimum Wages; (5) Failure to Pay all Wages Due to Discharge...

Excerpt: ...ing as follows: I. INTRODUCTION This is a case for recovery of penalties under California's Private Attorneys General Act of 2004 (“PAGA”) based on various alleged wage and hour violations. The Complaint, filed on January 29, 2019, sets forth a single PAGA cause of action. The parties have now reached a PAGA settlement. Plaintiffs Adolph Cruz, Jarlath Reynolds, William Saldivar, and Xiang Yang (collectively, “Plaintiffs”) move for approva...

Excerpt: ...ws: VIII. INTRODUCTION This is a putative class action arising out of various alleged Labor Code violations. The Complaint, filed on November 19, 2018, sets forth the following causes of action: (1) Meal Break Violations; (2) Rest Break Violations; (3) Inaccurate Wage Statements; (4) Failure to Permit Employee Inspection of Payroll Records; (5) Failure to Permit Employee Inspection of Personnel Records; (6) Improper Acquisition and Use of Employe...

Excerpt: ...laintiffs, vs. CITY OF SAN JOSÉ, BOARD OF ADMINISTRATION OF THE FEDERATED CITY EMPLOYEES' RETIREMENT SYSTEM, DAVID SYKES, IN HIS OFFICIAL CAPACITY AS THE CITY MANAGER OF THE CITY OF SAN JOSÉ, AND DOES 1‐50, , Respondents/Defendants. Case No. 17CV312610 TENTATIVE RULING RE: DEMURRER TO SECOND AMENDED COMPLAINT; MOTION TO STRIKE PORTIONS OF THE SECOND AMENDED COMPLAINT The above‐entitled action comes on for hearing before the Honorable Patric...

Excerpt: ...d wage and hour violations. The parties have reached a settlement. On February 14, 2020, the court granted preliminary approval of the settlement. Plaintiffs Enrique Torres, Ruben S. Hermosillo, and Rosario De La Trinidad (collectively, “Plaintiffs”) now move for final approval of the settlement. V. LEGAL STANDARD Generally, “questions whether a settlement was fair and reasonable, whether notice to the class was adequate, whether certificat...

Excerpt: ...ia M. Lucas on June 26, 2020 at 9:00 a.m. in Department 3. The court now issues its tentative ruling as follows: X. INTRODUCTION This is a putative class action arising out alleged violations of the Fair Credit Reporting Act and similar California laws. The Complaint, filed on September 20, 2017, sets forth the following causes of action: (1) Violation of 15 U.S.C. § 1681b(b)(2)(A) (Fair Credit Reporting Act); (2) Violation of 15 U.S.C. §§ 168...

Excerpt: ...osemary Schooler, Steve J. Sordello, Michael A. Stankey, Robert Bearden, Paul Cormier, Peter Fenton, and Kevin Klausmeyer (collectively, the “Cloudera Defendants”) to stay all proceedings in this action pending the resolution of the pleadings in a related federal action.10 Alternatively, the Cloudera Defendants move to stay discovery until the pleadings are resolved in both this case and the federal action. Plaintiffs again oppose the entry o...

Excerpt: ...entitled action comes on for hearing before the Honorable Patricia M. Lucas on June 19, 2020 at 9:00 a.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 Complaint, filed on September 27, 2017, sets forth the following causes of action: (1) Failure to Pay for Each Hour Worked at the Appropriate Rate; (2) Failure to Auth...

Excerpt: ... RE: MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT Case No. 19CV355280 The above‐ entitled action comes on for hearing before the Honorable Patricia M. Lucas on June 19, 2020 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 This is a putative class action arising out of various alleged Labor Code violations. It ...

Excerpt: ...orable Patricia M. Lucas on June 19, 2020 at 9:00 a.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This case arises out of alleged Labor Code violations. The Amended Complaint1 (“FAC”), filed on May 18, 2020, sets forth the following causes of action: (1) Failure to Pay 1 The Amended Complaint was filed after the motion was filed on February 13, 2020. The court finds this motion is not moot and the A...

Excerpt: ... The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on June 19, 2020 at 9:00 a.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION According to the allegations of the Second Amended Complaint (“SAC”), filed on February 3, 2020, this case concerns deficiencies at a multi‐unit residential project (the “Project”). (See SAC, ¶¶ 6 and 34.) Plaintiff The Globe Homeow...

Excerpt: ...epartment 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 First Amended Complaint, filed on June 3, 2019, sets forth the following causes of action: (1) Failure to Pay Wages and/or Overtime; (2) Meal Break Violations; (3) Rest Break Violations; 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) Wage Stat...

Excerpt: ... tentative ruling as follows: V. INTRODUCTION This action arises out of alleged trade secret misappropriation. The Fourth Amended Complaint, filed on May 18, 2020, sets forth the following causes of action: (1) Breach of Contract; (2) Breach of the Covenant of Good Faith and Fair Dealing; (3) Unfair Business 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 Practices; (4) Intentional Interference with Contractual Relati...

Excerpt: ... 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 case arises out of various alleged Labor Code violations. Plaintiff Gerardo Ramirez (“Plaintiff) alleges both individual claims and a cause of action for civil penalties under California's Private Attorneys General Act of 2004 (“PAGA”). The First Amended Complaint, filed on April 9, 2019, sets forth the following causes of action: ...

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. According to the Complaint filed on May 13, 2019, plaintiff Robert Xavier (“Plaintiff) worked for defendants New Leaf Community Markets, Inc. and New Seasons Market, LLC (collectively, “Defendants”) as an hourly‐paid, non‐exempt employee from approximately June 2015 to ap...

Excerpt: ... INTRODUCTION This is a putative class action arising out of various alleged wage and hour violations. On September 18, 2019, plaintiffs Crystal Fregoso, Adrianna Rodriguez, and Truc Bui (collectively, “Plaintiffs”) filed the Second Amended Complaint (“SAC”), which sets forth the following causes of action: (1) Failure to Pay Overtime Wages; (2) Failure to Pay Minimum Wage; (3) Failure to Provide Mandated Meal Periods; (4) Failure to Prov...

Excerpt: ... INTRODUCTION This is a putative class action arising out of various alleged wage and hour violations. On September 18, 2019, plaintiffs Crystal Fregoso, Adrianna Rodriguez, and Truc Bui (collectively, “Plaintiffs”) filed the Second Amended Complaint (“SAC”), which sets forth the following causes of action: (1) Failure to Pay Overtime Wages; (2) Failure to Pay Minimum Wage; (3) Failure to Provide Mandated Meal Periods; (4) Failure to Prov...

Excerpt: ... February 28, 2020, at 9:00 a.m. in Department 5. 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 First Amended Complaint (“FAC”), filed on September 20, 2019, sets forth the following causes of action: (1) Failure to Pay Overtime Wages; (2) Failure to Pay Minimum Wage; (3) Failure to Provide Meal Breaks; (4) Failure to Provide Rest...