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: ...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: ...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...