Excerpt: ...nez (“Plaintiff”) brings this action for products liability and related claims against defendant Intuitive Surgical, Inc. (“Defendant”), the manufacturer of the da Vinci surgical robot used in Plaintiff's hysterectomy. On March 21, 2016, Plaintiff filed a Complaint against Defendant, alleging causes of action for: (1) Strict Products Liability – Design Defect; (2) Strict Products Liability – Failure to Warn; (3) Negligence; (4) Breach...

Excerpt: ...‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on May 25, 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...

Excerpt: ...ative ruling as follows: I. INTRODUCTION This is a putative class and representative action arising out of various alleged wage and hour violations. The operative Second Amended Complaint (“SAC”), filed on January 20, 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 Reimburse Necessary Bus...

Excerpt: ...�entitled action comes on for hearing before the Honorable Patricia M. Lucas on May 25, 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. Plaintiff Sheena Edwards (“Plaintiff”) filed her original complaint against defendants Absolute Senior Solutions and Elsousou LLC (collectively, “...

Excerpt: ...tment 3. The court now issues its tentative ruling as follows: I. INTRODUCTION On June 10, 2021, plaintiff Najee Slade (“Plaintiff”) filed a class action—Najee Slade v. Geodis Logistics, LLC, et al. (Santa Clara County Superior Court, Case No. 21CV382880) (“First Action”)—against defendants Geodis Logistics, LLC and Geodis USA, LLC (collectively, “Defendants”) alleging various wage and hour violations. Defendants removed the First...

Excerpt: ...as on May 25, 2022 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION Plaintiff James Robert Smith (“Plaintiff”) brings this putative class action against defendants K.B.R, Inc. d/b/a Rash Curtis & Associates (“K.B.R.”) and Terrence L. Paff (“Paff”) (collectively, “Defendants”) pursuant to the California Rosenthal Fair Debt Collection Practices Act, Civil Code sections 1788‐1788.3...

Excerpt: ... the Honorable Patricia M. Lucas on May 25, 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‐complainant Maria Canu...

Excerpt: ...hekar (“Petitioner”) filed a Petition for Writ of Mandate (“Petition”), alleging that respondent City of Monte Serene (“City”) had illegally declared that a project located at 18240 Daves Avenue, owned by respondent and real party in interest Peter G. Goll (“Goll”), was exempt from the California Environmental Quality Act (“CEQA”), and seeking declaratory and injunctive relief on that basis. // 2 1 2 3 4 5 6 7 8 9 10 11 12 13 ...

Excerpt: ...able Patricia M. Lucas on May 18, 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 Private Attorneys General Act (“PAGA”) action arising out various alleged wage and hour violations. The operative Second Amended Complaint, filed on July 9, 2020, sets forth the following causes of action: (1) Meal and Rest Break Violations (Labor Code §§ 200, 226.7, and 512,...

Excerpt: ... M. Lucas on May 18, 2022 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This consolidated action arises out of various alleged wage and hour violations. The Consolidated Complaint, filed by plaintiffs Randy Gines and Patricia Rios (collectively, “Plaintiffs”) on November 16, 2021, sets forth causes of action for: (1) Violation of Cal. Labor Code § 226(a) ; (2) Violation of Cal. Labor Code...

Excerpt: ...f”) brings this action for breach of contract and fraud against defendant Fortinet, Inc. (“Defendant”). Plaintiff alleges that, following extensive negotiations and discussions, it purchased thousands of products from Defendant in an amount exceeding $10,000,000 between September 2017 and September 2018. (Second Amended Complaint (“SAC”), ¶¶ 4‐15.) The products included the Fortinet FortiGate models FG‐201E, FG‐ 500E, FG‐600D,...

Excerpt: ... inclusive, Defendants. Case No. 17CV320293 TENTATIVE RULING RE: MOTION FOR APPROVAL OF PAGA SETTLEMENT The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on May 11, 2022 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This individual and representative action brought pursuant to the Private Attorneys General Act of 2004 (“PAGA”) arises out of alleged wag...

Excerpt: ...ng before the Honorable Patricia M. Lucas on May 11, 2022 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This personal injury action arises out of exposure to asbestos on the part of plaintiff James W. Lynn (“Mr. Lynn”). The operative First Amended Complaint, filed on December 13, 2021, sets forth causes of action for: (1) Strict Liability; (2) Negligence; (3) False Representation 2 1 2 3 4...

Excerpt: ...��entitled action comes on for hearing before the Honorable Patricia M. Lucas on May 11, 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...

Excerpt: ...ses out of the alleged misappropriation of trade secrets owned by plaintiff Tesla, Inc. (“Plaintiff”). The operative Fourth Amended Complaint, filed on September 29, 2021, sets forth causes of action for: (1) Violation of the Uniform Trade Secrets Act (Cal. Civ. Code § 3426 et seq.); (2) Breach of Contract; and (3) Violation of California Computer Access and Fraud Act (Cal. Pen. Code § 520 et seq.). 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ...

Excerpt: ...w issues its 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...

Excerpt: ...s is a putative class and representative action arising out of various alleged wage and hour violations. The original complaint was filed on May 13, 2020, on behalf of Jordan Olson. The operative Third Amended Complaint, filed on October 26, 2020, on behalf of Beniyam Kebeda, Alain Tsai, and Monica I. Pazmino (collectively, “Plaintiffs”), sets forth the following causes of action: (1) Failure to Pay Minimum Wages (Lab. Code §§ 1194, 1197.1 ...

Excerpt: ...s: I. INTRODUCTION This is a putative class and representative action arising out of various alleged wage and hour violations. The operative First Amended Complaint (“FAC”), filed by plaintiff Herman Morales Perez (“Plaintiff”) on January 20, 2022, sets forth causes of action for: (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;...

Excerpt: ... RE: MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on April 27, 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: ...n; RUBY THAI BAKERSFIELD, LLC, a California corporation; CHICKEN WOW VALLEY FAIR, LLC, a California corporation; YUH MEI CHIOU, an individual; and DOES 1‐50, inclusive, Defendants. Case No. 18CV337264 TENTATIVE RULING RE: DISCOVERY MOTIONS The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on April 27, 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 ...

Excerpt: ...its tentative ruling as follows: I. INTRODUCTION On December 23, 2021, Plaintiff Vinh Q. Huang (“Plaintiff”) filed the operative Fifth Amended Complaint (“5AC”) against defendants Trung Nhat Tran, Thoa Thi Kim Nguyen (“Thoa”), Nam Nhat Tran, Katelyn Phan, Tam Nguyen, Hung Nguyen, Nhan Dinh, Dionel Sanchez Ramirez, Sheldon Jay Cohn, PHP Group, Inc., PHP Construction, Inc. (“PHP Construction”), PHP Insurance Service, Inc. (“PHP In...

Excerpt: ... of the alleged misappropriation of trade secrets owned by plaintiff Tesla, Inc. (“Plaintiff”). The operative Fourth Amended Complaint, filed on September 29, 2021, sets forth causes of action for: (1) Violation of the Uniform Trade Secrets Act (Cal. Civ. Code § 3426 et seq.); (2) Breach of Contract; and (3) Violation of California Computer Access and Fraud Act (Cal. Pen. Code § 520 et seq.). 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1...

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 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 Overti...

Excerpt: ...n for hearing before the Honorable Patricia M. Lucas on April 20, 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 First Amended Class Action Complaint, filed by plaintiff Tina Talmoud (“Plaintiff”) on May 22, 2020, sets forth the following causes of action: (1) Violation of Calif...

Excerpt: ...a California business organization; CRATUS, INC., a California business organization; GEORGE REYES, as an individual; and DOES 1 through 250, inclusive, Defendants. Case No. 20CV366044 TENTATIVE RULING RE: AMENDED MOTION FOR APPROVAL OF PRIVATE ATTORNEY GENERAL ACT SETTLEMENT The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on April 13, 2022 at 1:30 p.m. in Department 3. The court now issues its tentative ru...

Excerpt: ...w issues its tentative ruling as follows: I. INTRODUCTION This is a putative class and Private Attorneys General Act (“PAGA”) action arising out various alleged wage and hour violations. The operative Second Amended Complaint, filed on July 9, 2020, sets forth the following causes of action: (1) Meal and Rest Break Violations (Labor Code §§ 200, 226.7, and 512, and 12 C.C.R. § 11040; (2) Failure to Pay Minimum Wage and Overtime (Welfare Co...

Excerpt: ... I. INTRODUCTION This is a representative action pursuant to the Private Attorneys General Act of 2004 (“PAGA”). In the Complaint, filed on July 24, 2018, plaintiff John Ortiz (“Plaintiff”) alleges that he worked for defendant California Cemetery and Funeral Services, LLC (“Defendant”) as a driver. (Complaint, ¶ 2.) Defendant allegedly failed to pay its drivers proper wages for on‐call hours, provide adequate meal and rest breaks, ...

Excerpt: ...ve ruling as follows: I. INTRODUCTION 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)...

Excerpt: ... RULING RE: MOTIONS FOR JUDGMENT ON THE PLEADINGS AND DISCOVERY MOTIONS The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on April 6, 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”). The parties appear to regard as the...

Excerpt: ...uling 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 provide the “Consumer Collection Notice�...

Excerpt: ...e 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 (“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 Busines...

Excerpt: ...rnia corporation; CHICKEN WOW VALLEY FAIR, LLC, a California corporation; YUH MEI CHIOU, an individual; and DOES 1‐50, inclusive, Defendants. Case No. 18CV337264 TENTATIVE RULING RE: DEMURRER The above‐ entitled action comes on for hearing before the Honorable Patricia M. Lucas on April 6, 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 2...

Excerpt: ...‐Defendants. The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on March 30, 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 t...

Excerpt: ...s Regional Medical Center and Good Samaritan Hospital (collectively, “Plaintiffs”) and defendant County of Santa Clara dba Valley Health Plan (“Defendant”). According to the operative Second Amended Complaint (“SAC”), filed on January 10, 2022, Plaintiffs operate emergency departments in Santa Clara County and provide emergency medical services to patients. (SAC, ¶ 1.) Defendant is a licensed “health care services plan” under the...

Excerpt: ...0, 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 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; (3) Failure to Pay Wages of ...

Excerpt: ...Arriaga & Associates, Inc. (“A&A”), a company that provides security for other businesses and entities, and Louis Christopher Arriaga (“Arriaga”), the owner and operator of A&A (collectively, “Defendants”).1 1 This proceeding includes the following actions: (1) Giron, et al. v. Arriaga, et al., Superior Court of California, County of Los Angeles, Case No. BC667718 (the “Giron Action”); (2) Arriaga, et al. v. Lara, et al., Superior...

Excerpt: ...s on for hearing before the Honorable Patricia M. Lucas on March 23, 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 This is a stockholder derivative action brought by plaintiff Jane Barry (“Plaintiff”) on behalf of nominal defendant Super Micro Computer, Inc. (“Super Micro”) against defendants Charles Lian...

Excerpt: ... Patricia M. Lucas on March 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 fully reimburse its current and former employees for their home office expenses in California during the pandemic. The Complaint, filed on November 9, 202...

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. Plaintiff James M. Mansapit (“Plaintiff”) filed the operative First Amended Class Action Complaint (“FAC”) against defendants Deluxe Corporation, Deluxe Check Printers, and Deluxe Manufacturing Operations, LLC (“DMO”) (collectively, “Defendants”) on January 6, 202...

Excerpt: ...tinez (“Plaintiff”) brings this action for products liability and related claims against defendant Intuitive Surgical, Inc. (“Defendant”), the manufacturer of the da Vinci surgical robot used in Plaintiff's hysterectomy. On March 21, 2016, Plaintiff filed a Complaint against Defendant, alleging causes of action for: (1) Strict Products Liability – Design Defect; (2) Strict Products Liability – Failure to Warn; (3) Negligence; (4) Brea...

Excerpt: ...led action comes on for hearing before the Honorable Patricia M. Lucas on March 16, 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 by defend...

Excerpt: ...374613 TENTATIVE RULING RE: MOTIONS FOR ATTORNEY FEES The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on March 16, 2022 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION The First Amended Complaint (“FAC”) of plaintiff Bernabe Cantada Sinsay (“Plaintiff”), filed on April 1, 2021, alleges the following causes of action on behalf of a putative class: (...

Excerpt: ...bench trial in this promissory note case, judgment was entered on November 22, 2012 in favor of Defendant and Cross‐Complainant Mark Mitchell (“Mitchell”), and against Plaintiff and Cross‐Dcfcndant David Young (“Young”), in the principal amount of $28,613.98 and pre‐judgrnent interest at the rate of seven percent per annum in the amount of $4,866.60, for a total of $33,480.58. ‐ 2 ‐ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1...

Excerpt: ...UCTION This is a representative action pursuant to the Private Attorneys General Act of 2004 (“PAGA”). In the Complaint, filed on July 24, 2018, plaintiff John Ortiz (“Plaintiff”) alleges that he worked for defendant California Cemetery and Funeral Services, LLC (“Defendant”) as a driver. (Complaint, ¶ 2.) Defendant allegedly failed to pay its drivers proper wages for on‐call hours, provide adequate meal and rest breaks, reimburse ...

Excerpt: ... on March 9, 2022, at 9:00 a.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This action—ZL Technologies, Inc. v. SplitByte Inc, et al. (Case No. 20CV366939)—was filed on June 2, 2020, by ZL Technologies, Inc. (“ZL Technologies”) against SplitByte Inc. (“SplitByte”) and Arvind Srinivasan (“Srinivasan”). 1 ZL Technologies subsequently filed the operative First Amended 1 This action is conso...

Excerpt: ... 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 result of groundwater intr...

Excerpt: ... follows: I. INTRODUCTION This putative class and representative action by plaintiffs Carlos Adalberto Mejia (“Mejia”) and Chris Alderson (“Alderson”) (collectively, “Plaintiffs”) arises out of various alleged wage and hour violations. The operative Second Amended Complaint, filed on January 27, 2022, sets forth the following causes of action: (1) Failure to Pay Minimum Wages; (2) Failure to Pay Overtime Wages; (3) Failure to Provide ...

Excerpt: ...s follows: I. INTRODUCTION 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...

Excerpt: ...epartment 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a representative action pursuant to the Private Attorneys General Act of 2004 (“PAGA”), the class claims having been dismissed without prejudice at Plaintiff's request on August 20, 2021. The First Amended Complaint, filed on December 17, 2019, sets forth an Eleventh Cause of Action under PAGA, which includes claims for violations of various Labor Code ...

Excerpt: ...tive 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 (“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 Busi...

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: MOTION FOR SUMMARY JUDGMENT The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on February 23, 2022 at 1:30 p.m. in Department 3. The c...

Excerpt: ...2022 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”), fil...

Excerpt: ...ON This is an action under the Unfair Competition Law (“UCL”) and Consumers Legal Remedies Act (“CLRA”), arising out of defendant Comcast Cable Communications, LLC's (“Defendant”) alleged unlawful marketing and sales practices used in providing Xfinity cable, internet, home telephone, security, and/or other subscription services to consumers. (Complaint, ¶ 2.) 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 ...

Excerpt: ...ment 3. The court now issues its tentative ruling as follows: I. INTRODUCTION Plaintiff Meridian at Willow Glen Homeowners Association (“Plaintiff” or the “Association”) brings this construction defect action against defendant Taylor Morrison of California, LLC (“Defendant”). Plaintiff alleges that, as a result of actions and omissions of Defendant, certain components of a common‐interest development consisting of 51 residences and ...

Excerpt: ...eys General, Plaintiff, vs. NEW LEAF COMMUNITY MARKETS, INC., a California corporation; NEW SEASONS MARKET, LLC, an unknown business entity; and DOES 1 through 100, inclusive, 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‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on February 9, 2022 at 9:00 a.m. in Department 3. The court now issues its te...

Excerpt: ...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. According to the allegations of the operative First Amended Complaint (“FAC”), filed on July 1, 2020, plaintiff Paul Hancock (“Plaintiff”) began working for defendants Resources Enterprise Services, LLC and Work Market, Inc. (“Work Market”) (collectively, “D...

Excerpt: ...Z, on 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 liabil...

Excerpt: ...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 Meal Periods or C...

Excerpt: ...y 2, 2022 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This putative class action—Sherri Hightower v. Compass Group USA, Inc., et al. (Santa Clara County Superior Court, Case No. 19CV359262) (“Hightower I”)—is brought by plaintiff Sherri Hightower (“Hightower”) against defendants Compass Group USA, Inc. and Levy Premium Foodservice Limited Partnership (“Levy”), erroneously sue...

Excerpt: ...he court now issues its tentative ruling as follows: I. INTRODUCTION This is an action by an assignee to collect funds owed from insured parties as unpaid workers' compensation insurance premiums. Plaintiff Northern California Collection Service, Inc. (“Plaintiff”) initiated this action in October 2016, asserting two common counts against defendants Ryan Michael Peacock (“Peacock”) and Ryan Peacock, Inc. (“RPI”) (collectively, 2 1 2 3...

Excerpt: ...ollows: 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: ...The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on January 26, 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...

Excerpt: ..., plaintiff eBay, Inc. (“eBay” or “Plaintiff”) operates one of the world's largest online marketplaces. (Complaint, ¶ 16.) Defendant Amazon.com (“Defendant” or “Amazon”) is a tech giant that sells virtually anything imaginable. (Id. at ¶ 18.) In contrast to eBay, Amazon sells products directly on its marketplace, often competing directly against its third‐party sellers. (Ibid.) 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19...

Excerpt: ...n January 19, 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 against defendants GMRI, Inc. (“GMRI”) and Darden Restaurant Inc. (“Darden”) (collectively, “Defendants”) arising out of various alleged wage and hour violations. The Complaint, filed by plaintiff Jose Francisco Hernandez Garcia (“Plaintiff”) on May 17, 2021, sets forth a single cau...

Excerpt: ... RULING RE: MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES AND FOR MONETARY SANCTIONS The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on January 19, 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. According to the alleg...

Excerpt: ...tative ruling as follows: I. INTRODUCTION This is a representative action arising out of various alleged wage and hour violations. The Complaint, filed by plaintiff Herman Morales Perez (“Plaintiff”) on September 29, 2021, sets forth a single cause of action for civil penalties pursuant to the Private Attorneys General Act of 2004 (“PAGA”). Now before the court is Plaintiff's motion for leave to file a First Amended Complaint. Plaintiff r...

Excerpt: ...ling as follows: I. INTRODUCTION This is a putative class action for alleged violations of the Fair Credit Reporting Act (“FCRA”). Plaintiff Domenique Newman (“Plaintiff”) alleges that defendant Smith+Noble Home, Inc. (“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...

Excerpt: ...opa Shekar (“Petitioner”) filed a Petition for Writ of Mandate (“Petition”), alleging that respondent City of Monte Sereno (“City”) had illegally declared that a project located at 18240 Daves Avenue, owned by respondent and real party in interest Peter G Goll (“Goll”), was exempt from the California Environmental Quality Act (“CEQA”), and seeking declaratory and injunctive relief on that basis. On July 14, 2021, Petitioner fi...

Excerpt: ...is action arises out of the alleged misappropriation of trade secrets owned by plaintiff Tesla, Inc. (“Plaintiff”). Plaintiff filed the original Complaint on July 17, 2020, against defendants Rivian Automotive, Inc. and Rivian Automotive , LLC (collectively, “Rivian”) and four individual defendants. The Complaint set forth causes of action for: (1) Violation of the Uniform Trade Secrets Act (Cal. Civ. Code § 3426 et seq.); (2) Breach of ...

Excerpt: ... 12, 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 various alleged wage and hour violations. Plaintiff Paul Hancock (“Plaintiff”) filed the original complaint on November 19, 2019. On November 20, 2019, the court ordered all discovery stayed. 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 T...

Excerpt: .... 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, filed on September 2, 2021, 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 Cali...

Excerpt: ...nt 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action. According to the allegations of the Complaint, filed on January 8, 2021, the Doe plaintiffs in this case (collectively with Citizen Power Initiatives for China, “Plaintiffs”) are users of an app called WeChat. (Complaint, ¶¶ 14‐19.) WeChat is a messaging‐and‐payments mobile application offered by defendants Tencent America LLC ...

Excerpt: ...a California business organization; CRATUS, INC., a California business organization; GEORGE REYES, as an individual; and DOES 1 through 250, inclusive, Defendants. Case No. 20CV366044 TENTATIVE RULING RE: MOTION FOR APPROVAL OF PAGA SETTLEMENT The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on January 12, 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...

Excerpt: ...ely issued its tentative ruling on December 14, 2021, and defendant and cross‐complainant Zachary Amsden (“Amsden”) timely notified the court of his intent to present argument concerning the tentative ruling. No such notice was given on behalf of plaintiff and cross‐defendant Thunder Token Inc. (“Thunder Token”). Shortly before the hearing, the court was advised that counsel for Amsden was incapacitated by an acute medical condition, ...

Excerpt: ...e‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on January 5, 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: ...llows: 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 (Private Attorney General Act (“PAGA”) Penalties). 2 1 2 3 4 ...

Excerpt: ...other 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 The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on January 5, 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 ...

Excerpt: ...9 Case No. 21CV378097 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 ZL TECHNOLOGIES, INC., a California corporation; KON LEONG, an individual; and CHIMMY SHIOYA, an individual, Plaintiffs, vs. ARVIND SRINIVASAN, an individual; and DOES 1‐25, Defendants. ARVIND SRINIVASAN, Plaintiff, vs. ZL TECHNOLOGIES, INC.; and DOES 1‐50, Defendants. Case No. 21CV382329 The above‐entitled action comes on for hearing before t...

Excerpt: ...E: MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on December 15, 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 and representative action arising out of various alleged wage and hour violations. The First Amended Class Action Complaint, filed on February 19, 2021, sets 2 ...

Excerpt: ...w issues its tentative ruling as follows: I. INTRODUCTION Plaintiff Thunder Token Inc. (“Thunder Token”) brings this lawsuit for breach of employment contract against defendant Zachary Amsden (“Amsden”). Thunder Token alleges that 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, ...

Excerpt: ...e ruling as follows: I. INTRODUCTION This is a business dispute between plaintiffs Regional Medical Center and Good Samaritan Hospital (collectively, “Plaintiffs”) and defendant County of Santa Clara dba Valley Health Plan (“Defendant”). According to the Complaint, filed on December 15, 2020, Plaintiffs operate emergency departments in Santa Clara County and provide emergency medical services to patients. (Complaint, ¶ 1.) Defendant is a...

Excerpt: ...ove‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on December 8, 2021 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This action arises out of the alleged misappropriation of trade secrets owned by plaintiff S3G Technology, LLC (“Plaintiff”). The operative First Amended Complaint, filed on August 27, 2021, sets forth the following causes of action against def...

Excerpt: ...ve ruling as follows: I. INTRODUCTION This is a putative class and representative action arising out various alleged wage and hour violations. The First Amended Class and Representative Action Complaint, filed on July 16, 2021, sets forth the following causes of action: (1) Violation of Labor Code §§ 10, 558, and 1194; (2) Violation of Labor Code § 226, subd. (a); (3) Violation of Labor Code §§ 201‐203; (4) Violation of Business and Profes...

Excerpt: ...DUCTION This is a putative class and representative action originally brought by plaintiff Samuel Abrego (“Abrego”) against defendant Stericycle, Inc. (“Stericycle” or “Defendant”) arising out of alleged wage and hour violations. On November 30, 2020, the court issued an amended order granting a motion for leave to intervene by Johnny White and Raul Pichardo (collectively, “Intervenors”), who filed a similar 2 1 2 3 4 5 6 7 8 9 10...

Excerpt: ...es its tentative ruling as follows: I. INTRODUCTION Plaintiff Vinh Q. Huang (“Plaintiff”) filed the operative Fourth Amended Complaint (“4AC”) against defendants Trung Nhat Tran, Thoa Thi Kim Nguyen, Nam Tran (“Tran”), Katelyn Phan, Tam Nguyen, PHP Group, Inc., Evergreen Equity Partners, LLC (“Evergreen”), Bach Lan Thi Le, Kimly Huynh, Andrew Loung, To Tran, and An Nguyen on October 19, 2020, seeking to recover real property and p...

Excerpt: ... The court now issues its tentative ruling as follows: I. INTRODUCTION This is a representative action pursuant to the Private Attorneys General Act of 2004 (“PAGA”), the class claims having been dismissed without prejudice at Plaintiff's request on August 20, 2021. The First Amended Complaint, filed on December 17, 2019, sets forth an Eleventh Cause of Action under PAGA, which includes claims for violations of various Labor Code sections. 2 ...

Excerpt: ...tative ruling as follows: I. INTRODUCTION This is a putative class and representative action arising out of various alleged wage and hour violations. The original complaint was filed on May 13, 2020, on behalf of Jordan Olson. The operative Third Amended Complaint, filed on October 26, 2020, on behalf of Beniyam Kebeda, Alain Tsai, and Monica I. Pazmino (collectively, “Plaintiffs”), sets forth the following causes of action: (1) Failure to Pa...

Excerpt: ...65.08, AND TERMINATING SANCTIONS The above‐ entitled action comes on for hearing before the Honorable Patricia M. Lucas on December 1, 2021 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. FACTUAL BACKGROUND OF DISCOVERY DISPUTE On April 16, 2018, plaintiff Albert C. Alvarez (“Plaintiff”) commenced this action against Transitamerica Services, Inc. and Herzog Transit Services, Inc. (“Defendants”). De...

Excerpt: ...ril 1, 2014, petitioner Molly Green (“Petitioner”) sought an elder abuse restraining order against respondent Holden Weatherfield Green (“Respondent”), her stepson. The first phase of the litigation involved service issues requiring multiple appearances, and then a trial in which Respondent was represented by counsel. After a one‐year restraining order was issued, the court on June 17, 2014, granted Petitioner's request pursuant to Welf...

Excerpt: ...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 written communications...

Excerpt: ...ovember 24, 2021 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This putative class and representative action arises out of defendant Lucile Salter Packard Children's Hospital's (“Defendant”) alleged failure to reimburse its current and former employees for their work‐related home office expenses during the COVID‐19 pandemic. The operative First Amended Complaint, filed on November 4, 2...

Excerpt: ...sentative action pursuant to the Private Attorneys General Act of 2004 (“PAGA”). In the Complaint, filed on August 21, 2014, plaintiff Dolores Zamora (“Plaintiff”) alleges that she worked for defendant Walgreen Co. (“Defendant”) as a beauty advisor and her duties included processing sales at a cash register. (Complaint, ¶ 4.) Although Plaintiff could have reasonably performed her cash register duties while sitting in a seat, Defendan...

Excerpt: ...mes on for hearing before the Honorable Patricia M. Lucas on November 17, 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 Labor Code violations. The Third Amended Complaint (“TAC”), filed on March 25, 2021, sets forth the following causes of action: (1) Failure to Provide Required Meal Periods; (2) Failure to Provide Require...

Excerpt: ...court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action alleging violations of the federal Fair Credit Reporting Act (“FCRA”), title 15 United States Code section 1681b(b)(2)(A). According to the allegations of the Complaint, filed January 17, 2020, plaintiff Lakeysha Kaufman (“Plaintiff”) applied for employment with defendants Marsh and McLennan Companies, Inc. and Marsh USA, Inc. (collectively, ...

Excerpt: ...M. Lucas on November 17, 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 and representative action arising out various alleged wage and hour violations. The First Amended Complaint, filed on July 2, 2020, sets forth the following causes of action: (1) Failure to Pay Wages Owed; (2) Failure to Provide Meal Periods or Pay Meal Period Premiums; (3) Failure to Authorize...

Excerpt: .... INTRODUCTION This is a putative class action. According to the allegations of the Complaint, filed on October 19, 2017, defendant Wells Fargo Bank, N.A. (“Defendant”) promises its customers who do not opt into its Overdraft Service that it will not authorize or charge overdraft fees on nonrecurring debit card transactions. (Complaint, ¶ 1.) However, Defendant authorizes and charges overdraft fees on Uber and Lyft and other one‐time trans...

Excerpt: ...e Patricia M. Lucas on November 17, 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 and representative action arising out of various alleged wage and hour violations. The Second Amended Complaint, filed on December 22, 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 ...

Excerpt: ...iffs Regional Medical Center and Good Samaritan Hospital (collectively, “Plaintiffs”) and defendant County of Santa Clara dba Valley Health Plan (“Defendant”). According to the operative First Amended Complaint (“FAC”), filed on July 26, 2021, Plaintiffs operate emergency departments in Santa Clara County and provide emergency medical services to patients. (First Amended Complaint, ¶ 1.) Defendant is a licensed “health care service...

Excerpt: ...ing before the Honorable Patricia M. Lucas on November 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 and representative action arising out of alleged wage and hour violations. The Complaint, filed on June 23, 2020, sets forth the following causes of action: (1) Failure to Provide Meal Periods or Pay Meal Period Premiums; (2) Failure to Authorize and Permit Res...

Excerpt: ...Lucas on November 3, 2021 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION According to the allegations of the operative Fourth Amended Complaint (“4AC”), filed on October 19, 2020, plaintiff Vinh Q. Huang (“Plaintiff”) brings this action against defendants Trung Nhat Tran, Thoa Thi Kim Nguyen, Nam Tran (“Tran”), Katelyn Phan, Tam Nguyen, PHP Group, Inc., Evergreen Equity Partners, LL...