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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: .... 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: ..., 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: ...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...