Excerpt: ...ordination Proceeding No. 5172 TENTATIVE RULING RE: MOTION TO COMPEL ARBITRATION AND DISMISS OR [SIC], ALTERNATIVELY, STAY PROCEEDINGS The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on November 3, 2021 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This coordinated action includes three wage and hour cases. The operative Second Amended Complaint in Victo...

Excerpt: ...I. INTRODUCTION Plaintiffs Michael Oliver (“Oliver”) and Norris Cagonot (collectively, “Plaintiffs”) bring this class action on behalf of themselves and all other service technicians who worked for defendant Konica Minolta Business Solutions USA (“Defendant”) in California for the four years preceding the filing of the original Complaint on April 2, 2014. (First Amended Complaint, ¶ 7.) According to the operative First Amended Compla...

Excerpt: ...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 original complaint was filed on April 8, 2020. The operative First Amended Complaint, filed on August 13, 2020, sets forth the following causes of action: (1) Failure to Pay Overtime Wages (Labor Code § 510; Wage Order 5‐2001); (2) Failure to Provide Adequate Wage ...

Excerpt: ...above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on November 3, 2021 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 d...

Excerpt: ...021 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 various alleged wage and hour violations. Plaintiff Deangelo Daniels (“Plaintiff”) alleges that defendant Garuda Labs, Inc. dba Instawork (“Defendant”) hired him and other putative class members and misclassified them as independent contractors in violation of California law; failed to compens...

Excerpt: ...2021 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a representative action under the Private Attorneys General Act (“PAGA”) arising out various alleged wage and hour violations. Plaintiff Deangelo Daniels (“Plaintiff”) alleges that defendant Garuda Labs, Inc. dba Instawork (“Defendant”) hired him and other putative class members and misclassified them as independent contrac...

Excerpt: ...ntiff”) 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. (First Amended Complaint (“FAC”), ¶¶ 4‐15.) The products included the Fortinet FortiGate models FG‐201E, FG‐S00E, FG‐600...

Excerpt: ...omes on for hearing before the Honorable Patricia M. Lucas on September 29, 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 Class Action Complaint, filed on May 22, 2020, sets forth the following causes of action: (1) Violation of California Labor Code §§ 510 and 1198...

Excerpt: ...ng before the Honorable Patricia M. Lucas on September 29, 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 and representative action arising out of various alleged wage and hour violations. The Complaint, filed on July 31, 2019, sets forth the following causes of action: (1) Failure to Provide Required Meal Periods; (2) Failure to Provide Required Rest Period...

Excerpt: ... September 29, 2021 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”). Plaintiff Peggy Irene Leedeman (“Plaintiff”) seeks statutory damages against defendant Sunrise Credit Services, Inc. (“Defendant”) arising from its routine practice of sending initial w...

Excerpt: ...S COMPLEX Case No. 20CV373027 Case No. 20CV373149 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 T...

Excerpt: ...r 22, 2021 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 ...

Excerpt: ... through 10, inclusive, Cross‐Defendants. The above‐ entitled action comes on for hearing before the Honorable Patricia M. Lucas on September 22, 2021 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 Inv...

Excerpt: ...cross‐defendant Thunder Token Inc. brings this lawsuit for breach of employment contract against defendant and cross‐complainant Zachary Amsden (“Amsden”). Thunder Token Inc. alleges Amsden resigned from its employment approximately 13 months after he was hired, but has not repaid the unvested portion of his sign‐on bonus. (Complaint, 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 ¶ 1.) The Complaint, file...

Excerpt: ...s. AG‐SW HAMILTON PLAZA OWNER, L.P., a Delaware Limited Partnership; STEELWAVE, LLC, a Delaware Limited Liability Company; DOES 1 through 50, inclusive; and ROE CORPORATIONS 51‐100, inclusive, Defendants. Case No. 21CV375746 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 actions come on for hearing before the Honorable Patricia M. Lucas on September 15, 2021 at 1:30 p.m. in Department 3. The ...

Excerpt: ... p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative wage and hour class action brought by plaintiff Delmi Menendez (“Plaintiff”) on behalf of employees of defendants Strategic Building Services, Inc. and Andrew Miller (collectively, “Defendants”), alleging that Defendants failed to pay the putative class members all minimum, regular, and overtime wages for all hours worked, depri...

Excerpt: ...R NEWCO MATERICALS TECHNOLOGY, INC.; MOTION FOR ORDER APPROVING FEES AND COSTS ON A FINAL BASIS FOR WENDEL ROSEN LLP AS COUNSEL FOR RECEIVER; APPLICATION FOR COMPENSATION BY ACCOUNTANT FOR RECEIVER The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on September 15, 2021 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a shareholder derivative action br...

Excerpt: ...E: MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on September 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 various alleged wage and hour violations. The First Amended Class Action Complaint, filed on February 19, 2021, set...

Excerpt: ...ased or otherwise acquired the common stock of defendant Arlo Technologies, Inc. (“Arlo”) pursuant and/or traceable to the company's registration statement and prospectus issued in connection with the company's initial public offering (“IPO”). Currently before the court is the motion to dismiss for forum non conveniens pursuant to Code of Civil Procedure section 410.30, on the basis of Arlo's Federal Forum Provision (“FFP”), found in ...

Excerpt: ...MARY ADJUDICATION The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on September 1, 2021 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This coordinated action includes two wage and hour cases. The Complaint in Stewart v. Milgard Manufacturing (Stewart), filed on December 7, 2018, sets forth a single cause of action for civil penalties pursuant to the Priva...

Excerpt: ... (“Plaintiff”) filed the original Complaint on March 21, 2016. The case has never been stayed. On June 1, 2016, Plaintiff filed the operative First Amended Complaint (“FAC”) against defendant Intuitive Surgical, Inc. (“Defendant”) and Dr. Abiy Meshesha. On October 13, 2016, Plaintiff filed another action in federal court against the U.S. Government, the hospital where the Plaintiff's surgery was performed, Kaweah Delta Health Care Dis...

Excerpt: ...ts tentative ruling as follows: I. INTRODUCTION This is a representative action pursuant to the Private Attorneys General Act of 2004 (“PAGA”) on behalf of employees of defendant Vasona Management, Inc. (“Defendant”), alleging Defendant provided inaccurate wage statements that failed to identify the correct hourly rates of pay for overtime wages and the pay period start date. The original Complaint, filed on April 20, 2020, included both ...

Excerpt: ...ptember 1, 2021 at 1:30 p.m. in Department 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 develo...

Excerpt: ...NT AND TO RECLASSIFY ACTION AS COMPLEX 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 August 25, 2021 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION Plaintiff Velocity Investments LLC (“Velocity Investments”) filed its Complaint on September 10, 2020 to recover an alleged...

Excerpt: ...E: MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on August 25, 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 Class Action Complaint (“FAC”), filed on February 19, ...

Excerpt: ...ve ruling 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 wit...

Excerpt: ...tment 3. The court now issues its tentative ruling as follows: I. INTRODUCTION According to the allegations of the Fourth Amended Complaint (“4AC”), filed on October 19, 2020, plaintiff Vinh Q. Huang (“Plaintiff”) brings this action against defendants Trung Nhat Tran, Thoa Thikim Nguyen, Nam Tran, Katelyn Phan, Tam Nguyen, PHP Group, Inc., Evergreen Equity Partners, LLC, Bach Lan Thi Le, Kimly Huynh, Andrew Loung, To Tran, and An Nguyen (...

Excerpt: ...ment 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 LL...

Excerpt: ...ntative 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 §§ 510, 558, and 1194; (2) Violation of Labor Code § 226, subd. (a); (3) Violation of Labor Code §§ 201‐203; (4) Violation of Business and ...

Excerpt: ...ring on Wednesday, August 18, 2021, at 1:30 p.m. in Department 3, the Honorable Patricia M. Lucas presiding. The court now issues its tentative ruling as follows: I. INTRODUCTION This matter arises from a dispute over a currently ongoing review by Defendant/Respondent the County of Santa Clara (“County”) of a proposal to amend the reclamation plan for the surface mining operations at the Permanente Quarry, operated by Plaintiff/Petitioner Leh...

Excerpt: ... M. Lucas on August 11, 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 Complaint, filed November 13, 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 Wages; (4) Failu...

Excerpt: ...374613 TENTATIVE RULING RE: SPECIAL MOTION TO STRIKE FIRST AMENDED COMPLAINT The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on August 4, 2021 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, asserts the following causes of action on behalf...

Excerpt: ...August 4, 2021 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This putative class action involves allegations that defendants Bombardier Transportation Services USA Corporation and Bombardier Mass Transit Corporation (collectively, “Defendants”) routinely acquire consumer, investigative consumer and/or consumer credit reports to conduct background checks on prospective, current, and former ...

Excerpt: ...August 4, 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 and representative action arising out of various alleged wage and hour violations. The Second Amended Complaint (“SAC”), filed December 13, 2017, sets forth the following causes of action: (1) Failure to Provide Meal Periods; (2) Failure to Provide Rest Periods; (3) Failure to Pay Hourly Wages; (4)...

Excerpt: ... TENTATIVE RULING RE: SPECIAL MOTION TO STRIKE The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on July 28, 2021 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 Velocity Investments, LLC (“Velocit...

Excerpt: ...tive ruling as follows: I. INTRODUCTION This is a representative action arising out of various alleged wage and hour violations. The First Amended Representative Complaint, filed on April 22, 2021, sets forth a single cause of action pursuant to the Private Attorneys General Act of 2004 (PAGA). Now before the court is a motion to quash by specially appearing defendant Jerry Huang (“Huang”). 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20...

Excerpt: ... I. INTRODUCTION This is a putative class action. According to the allegations of the Second Amended Class Action Complaint for Damages and/or Declaratory Judgment and/or Injunctive Relief (“SAC”), filed on May 12, 2020, plaintiff Lowri McGill (“Plaintiff”) was a resident and tenant at a residential rental property known as Vine by Vintage. (SAC, ¶ 1.) Plaintiff alleges she lives in a street‐level apartment with her husband and two you...

Excerpt: ...es 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, 2020, ...

Excerpt: ...ricia M. Lucas on July 21, 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 Authori...

Excerpt: .... INTRODUCTION According to the allegations of the Fourth Amended Complaint (“4AC”), filed on March 22, 2021, plaintiff Brady Esch (“Esch”) (no longer a party to this action) is trained as a mechanical engineer and a materials scientist and engineer. (4AC, ¶ 111.) Esch was hired on August 2, 2004, to work for VNUS Medical Technologies (“VNUS”) at its San Jose, California facility. (Id. at ¶ 112.) On May 8, 2009, VNUS was acquired by...

Excerpt: ...e Honorable Patricia M. Lucas on July 7, 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 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 Rest Breaks or Pay Rest Break Premiums; ...

Excerpt: .... in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a class and representative action arising out of alleged wage and hour violations. The First Amended Complaint, filed on March 12, 2021, sets forth the following causes of action: (1) Failure to Pay All Minimum and Overtime Wages; (2) Failure to Provide Rest Periods or Compensation in Lieu Thereof; (3) Failure to Provide Meal Periods or Compensation i...

Excerpt: ... I. INTRODUCTION According to the allegations of the Fourth Amended Complaint (“4AC”), filed on March 22, 2021, plaintiff Brady Esch (“Esch”) (no longer a party to this action) is trained as a mechanical engineer and a materials scientist and engineer. (4AC, ¶ 111.) Esch was hired on August 2, 2004, to work for VNUS Medical Technologies (“VNUS”) at its San Jose, California facility. (Id. at ¶ 112.) On May 8, 2009, VNUS was acquired ...

Excerpt: ... California limited partnership; and DOES 1‐50, inclusive, Defendants. Case No. 20CV368379 TENTATIVE RULING RE: MOTION FOR COMPLETE CONSOLIDATION Case No. 20CV373672 The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on June 30, 2021 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 ...

Excerpt: ...atricia M. Lucas on June 30, 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 Required Rest Periods; (3) Failure to Pay Overtime W...

Excerpt: ...atricia M. Lucas on June 23, 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 Required Rest Periods; (3) Failure to Pay Overtime W...

Excerpt: ...rt 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, California Civil Code §§ 1788‐1788.33. Plaintiff David Chai (“Plaintiff”) seeks statutory damages against defendant National Enterprise Systems, Inc. (“Defendant”) arising out of its routine practice of sending initial written communications that fail t...

Excerpt: ...e court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class and representative action arising out of an alleged failure to provide accurate itemized wage statements. The Complaint, filed on February 20, 2020, sets forth the following causes of action: (1) Violation of Cal. Labor Code, § 226(a); and (2) Violation of Cal. Labor Code § 2698, et seq. (“PAGA”). The parties have reached a settlement. Plaintiff Fra...

Excerpt: ...March 11, 2021, this case arises out of defendant Keysight Technologies' (“Defendant” or “Keysight”) tortious scheme to defraud and steal valuable business opportunities from plaintiff Guzik Technical Enterprises (“Plaintiff” or “Guzik”). (SAC, ¶ 1.) Under the guise of forming a partnership to develop and sell high‐bandwidth digitizer products, Defendant used a web of false promises, factual misrepresentations, and fraudulent o...

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 OR, IN THE ALTERNATIVE, MOTION FOR SUMMARY ADJUDICATION The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas ...