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: ...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: ...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: ...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...