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