Excerpt: ...a M. Lucas on June 16, 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 pursuant to the Private Attorneys General Act of 2004 (“PAGA”). The Complaint, filed on October 29, 2020, sets forth a single PAGA cause of action, which includes claims for violations of various Labor Code sections. The parties have reached a settlement. Plaintiffs Walter Manay and Jo...

Excerpt: ...uling as follows: 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 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ...

Excerpt: ...ing as follows: I. INTRODUCTION This is a construction defect action. According to the allegations of the 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 f...

Excerpt: ...sues 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 written communications that fail to provide the “Consumer Collect...

Excerpt: ...�), filed on May 30, 2019, defendant Varsity Tutors LLC (“Defendant”) sells and provides private tutoring services. (FAC, ¶ 1.) At least 40,000 tutors work for Defendant nationwide. (Id. at ¶ 10.) Plaintiff Henry Mulak (“Mulak”) was employed by Defendant as a tutor for five years. (Id. at ¶ 3.) Plaintiff Alexander Charles (“Charles”) has been employed by Defendant as a tutor since May 2018. (Id. at ¶ 4.) 2 1 2 3 4 5 6 7 8 9 10 11 ...

Excerpt: ...nc. (collectively, “Defendants”) have filed a petition for coordination. Defendants seek to have the following three cases coordinated: (1) Heredia v. ACCO Engineered Systems, Inc., et al., Superior Court of California, County of Los Angeles, Case No. 20STCV48111 (“Heredia 1”); (2) Flores v. ACCO Engineered Systems, Inc., Superior Court of California, County of Santa Clara, Case No. 20CV365252, (“Flores”); and 2 1 2 3 4 5 6 7 8 9 10 1...

Excerpt: ...INTRODUCTION This is a representative action arising out of various alleged wage and hour violations. The Complaint of Plaintiff Roy Wittbecker (“Plaintiff”), filed on October 23, 2020, sets forth a single cause of action for civil penalties under the Private Attorneys General Act of 2004 (“PAGA”). Now before the court is a demurrer by defendant Cupertino Electric, Inc. 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 2...

Excerpt: ...PLAINT OF VELOCITY INVESTMENTS, LLC; DEMURRER TO ANSWER TO CROSS‐ COMPLAINT OF MANDARICH LAW GROUP, LLP The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on June 2, 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...

Excerpt: ...e 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 (“FAC”), filed on April 27, 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) Failure to Indemnify; (5) Failure to Provide Accurate ...

Excerpt: ...norable Patricia M. Lucas on May 26, 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 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 Wages; (4) Failure...

Excerpt: ...ws: I. INTRODUCTION This is a putative class action arising out of alleged violations of the Fair Credit Reporting Act (“FCRA”), the California Investigative Consumer Reporting Agencies Act (“ICRAA”), and the California Consumer Credit Reporting Agencies Act (“CCRAA”). Plaintiff Luis Arroyo (“Plaintiff”) also alleges violations of the Labor Code and Business and Professions Code on an individual basis. 2 1 2 3 4 5 6 7 8 9 10 11 12...

Excerpt: ... Patricia M. Lucas on May 25, 2021 at 9:00 a.m. in Department 2. The court now issues its tentative ruling as follows: According to the allegations of the complaint, in the spring of 2008, plaintiffs Lonny Oswalt, individually and as trustee of the Lonny Lee Oswalt Living Trust, and Patricia Oswalt (collectively, “Plaintiffs”) were in discussions to purchase a home and were told of an agreement that permitted the owners of the neighboring pro...

Excerpt: ...the First Amended Complaint (“FAC”) of Plaintiff Sarah Vaughan (“Plaintiff”), she alleges that while receiving care at the facility of Defendant Covia Communities dba Webster House (“Covia”), she was sexually assaulted by Defendant Jeremias Frago Rodriguez (“Rodriguez”}, at that time employed as a certified nursing assistant. Defendant Linda Hibbs (“Hibbs”) was executive director, and Defendant Ana Gatchalian (“Gatchalian”...

Excerpt: ...sues 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 written communications that fail to provide the “Consumer Collect...

Excerpt: ...ing as follows: I. INTRODUCTION This is a putative class action arising out of various alleged wage and hour violations. The Complaint, filed on February 19, 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) Failure to Indemnify; (5) Failure to Provide Accurate Written Wage Statements; (6) Failure to Timely Pay All Final Wages; and (7) Un...

Excerpt: ... RULING RE: MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION; MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION The above‐ entitled action comes on for hearing before the Honorable Patricia M. Lucas on May 12, 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 ...

Excerpt: ...CTION This is a putative class action brought on behalf of females who are or were members of International Union of Operating Engineers Local Number 3 (“Defendant”). According to the Second Amended Complaint (“SAC”), filed on February 17, 2021, Defendant has institutionalized a culture of gender discrimination that has resulted in its female members being treated as second class members. (SAC, p. 2:3‐5.) Plaintiffs Grace Garcia‐Volz ...

Excerpt: ...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 Fair Debt Buying Practices Act (“CFDBPA”). Plaintiff Bruno Fleming (“Plaintiff”) seeks statutory damages against defendant Oliphant Financial, LLC (“Defendant”) arising from its routine practice of sending initial written communications that provide the notice r...

Excerpt: ...O COMPEL The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on April 28, 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 brought pursuant to the Private Attorneys General Act of 2004 (“PAGA”). According to the Complaint filed on June 1, 2020, plaintiff Joshua Robinson (“Plaintiff”) was employed by defendants Stryke...

Excerpt: ...Honorable Patricia M. Lucas on April 28, 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 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 Periods; (3) Failure to Pay Overtime Wages; (4) Fa...

Excerpt: ...NTRODUCTION This is a putative class and representative action brought by plaintiff Samuel Abrego (“Abrego”) against defendant Stericycle, Inc. (“Stericycle” or “Defendant”) arising out of alleged wage and hour violations. The First Amended Class Action Complaint (“FAC”), filed on July 22, 2020, sets forth the following causes of action: (1) Failure to Pay Minimum Wages; (2) Failure to Pay Overtime; (3) Failure to Provide Meal Per...

Excerpt: ... as follows: I. INTRODUCTION This is a putative class action arising out of various alleged wage and hour violations. The Second Amended Class and Representative Action Complaint sets forth the following causes of action: (1) Knowing and Intentional Failure to Issue Accurate Wage Statements; (2) Injunctive Relief; (3) Failure to Pay for All Hours Worked; (4) Failure to Authorize and Permit Off‐Duty Paid Rest Breaks and Pay Premium Pay; (5) Fail...

Excerpt: ...s tentative ruling as follows: I. INTRODUCTION Plaintiff Jeremiah Brooke (“Plaintiff”) brings this action against defendant Lusamerica Foods, Inc. (“Defendant”) for various wage and hour violations and corresponding claims for statutory unfair competition and civil penalties under the Private Attorney General Act (“PAGA”). Now before the court are: (1) Defendant's motion to compel arbitration of Plaintiff's individual claims, to dismi...

Excerpt: ...entative ruling as follows: I. INTRODUCTION This is a putative class action arising out of alleged violations of the Fair Credit Reporting Act (“FCRA”), the California Investigative Consumer Reporting Agencies Act (“ICRAA”), and the California Consumer Credit Reporting Agencies Act (“CCRAA”). Plaintiff also alleges violations of the Labor Code and Business and Professions Code. The First Amended Complaint sets forth the following caus...

Excerpt: ...ows: I. INTRODUCTION Plaintiff Jesus Mendez (“Plaintiff”) brings this action against defendants Eclaro International, Inc. (“Eclaro”) and New York Life Insurance Company (“NYL”) (collectively, “Defendants”) for various wage and hour violations. The Second Amended Complaint (“SAC”), filed on December 16, 2020, sets forth the following causes of action: (1) Failure to Pay Wages Each Week; (2) Failure to Pay Minimum Wages; (3) Fa...

Excerpt: ...ril 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 various alleged wage and hour violations. The First Amended Class Action Complaint sets forth the following causes of action: (1) Failure to Pay Overtime Wages; (2) Failure to Pay Minimum Wages; (3) Failure to Provide Meal Periods; (4) Failure to Provide Rest Periods; (5) Wage Statement Vio...

Excerpt: ...s follows: I. INTRODUCTION Plaintiff Antoinette Williams (“Plaintiff”) brings this action against defendant HealthSource Global Staffing, Inc. (“Defendant”) for various wage and hour violations. According to the allegations of the Second Amended Complaint (“SAC”), filed on October 28, 2020, Plaintiff worked for Defendant as a non‐exempt “Registered Nurse.” (SAC, ¶ 7.) Plaintiff regularly worked in excess of eight, 10, and/or 12...

Excerpt: ...w issues its tentative ruling as follows: I. INTRODUCTION This is a class and representative action alleging wage and hour violations. The parties have reached a settlement. The Fourth Amended Complaint, filed pursuant to stipulation on the same day as the current motion, sets forth the following causes of action: (1) Failure to Pay Overtime Wages; (2) Failure to Pay Minimum Wages; (3) Failure to Provide Meal Breaks; (4) Failure to Provide Rest B...

Excerpt: ...as follows: I. INTRODUCTION This putative class action arises out of various alleged Labor Code violations, brought by plantiff Michael Oliver against defendant Konica Minolta Business Solutions USA (“Defendant”). The original complaint, filed in April 2014, set forth three causes of action: (1) failure to pay overtime wages and failure to provide accurate wage statements; (2) failure to reimburse for work related expenses; and (3) violation ...

Excerpt: ...ion setting forth a single cause of action for breach of contract. According to the Amended Class Action Complaint (“FAC”), filed on January 25, 2021, plaintiff Jesse Scott (“Plaintiff”) brings this action on behalf of individuals that purchased Stadium Builders Licenses (“SBLs”) from defendant Santa Clara Stadium Authority (“Defendant”) to have the right to purchase annual season tickets to attend home games of the National Footb...

Excerpt: ...t now issues its tentative ruling as follows: I. INTRODUCTION This is a putative consumer class action brought pursuant to the California Fair Debt Buying Practices Act (“CFDBPA”). Plaintiff Janice Ashley Dayton (“Plaintiff”) seeks statutory damages against defendant Portfolio Recovery Associates, LLC (“Defendant”) arising from its routine practice of sending initial written communications that provide the notice required by the CFDBP...

Excerpt: ...t now issues its tentative ruling as follows: I. INTRODUCTION This is a putative consumer class action brought pursuant to the California Fair Debt Buying Practices Act (“CFDBPA”). Plaintiff Janice Ashley Dayton (“Plaintiff”) seeks statutory damages against defendant Portfolio Recovery Associates, LLC (“Defendant”) arising from its routine practice of sending initial written communications that provide the notice required by the CFDBP...

Excerpt: ...tative 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 February 4, 2020, sets forth the following causes of action: (1) Unpaid Wages; (2) Overtime Wages; (3) Failure to Provide Accurate Itemized Wage Statements; (4) Failure to Provide Complaint Meal and Rest Periods; (5) Failure to Pay All Wages Due Upon Termination; (6) Unfair Busine...

Excerpt: ... 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION Plaintiffs Elizabeth J. VanCleave and Katharine Hassan (collectively, “Plaintiffs”) bring this putative class action arising out of the alleged deceptive and misleading business practices of defendant Abbott Laboratories, Inc. (“Defendant”) with respect to the labeling and advertising of its PediaSure products in California. (First Amended Cl...

Excerpt: ... 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 Frederick Michele Brady (“Plaintiff”) seeks statutory damages against defendant Patenaude & Felix (“Defendant”) arising from its routine practice of sending initial written communications t...

Excerpt: ...le Patricia M. Lucas on March 10, 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 setting forth a single cause of action pursuant to the Private Attorneys General Act of 2004 (“PAGA”) for alleged wage and hour violations. The parties have reached a settlement. As part of the settlement, plaintiff Robert Taitt and Joel Mitchell seek to file a First Amended...

Excerpt: ...N This case is brought pursuant to the Private Attorneys General Act of 2004 (“PAGA”). Plaintiffs Aaron Salian and Ariya Hajiheidari (collectively, “Plaintiffs”) allege defendant TMobile USA, Inc. (“Defendant”) does not provide an adequate number of suitable seats in reasonable proximity to aggrieved employees' work areas. (First Amended Complaint, ¶ 11.) The parties have reached a settlement. Plaintiffs move for court approval of th...

Excerpt: ...cording to the allegations of the Third Amended Complaint (“TAC”), filed on November 9, 2020, plaintiff Brady Esch (“Esch”) (no longer a party to this action) is trained as a mechanical engineer and a materials scientist and engineer. (TAC, ¶ 20.) Esch was hired on August 2, 2004, to work for VNUS Medical Technologies (“VNUS”) at its San Jose, California facility. (Id. at ¶ 21.) On May 8, 2009, VNUS was acquired by defendants Covidi...

Excerpt: ... 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 Fair Debt Buying Practices Act (“CFDBPA”). Plaintiff Bruno Fleming (“Plaintiff”) seeks statutory damages against defendant Oliphant Financial, LLC (“Defendant”) arising from its routine practice of sending initial written communications that provide the notice req...

Excerpt: ...ble Patricia M. Lucas on February 24, 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 In the two related cases of 16CV300096 and 18CV338986, Plaintiff Velocity Investments, LLC (“Velocity”) asserted claims against defendants Maria Antonia Canul (“Canul”) and Eva Marcelo Pascual (“Pascual”), respectively...

Excerpt: ...ble Patricia M. Lucas on February 24, 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 In the two related cases of 16CV300096 and 18CV338986, Plaintiff Velocity Investments, LLC (“Velocity”) asserted claims against defendants Maria Antonia Canul (“Canul”) and Eva Marcelo Pascual (“Pascual”), respectively...

Excerpt: ...Correa (“Correa”) (collectively, “Plaintiffs”) allege that defendant Home Depot U.S.A., Inc. (“Defendant”) uses a timekeeping system that unlawfully rounds the time worked by each employee to the nearest quarter hour. (Complaint, ¶ 13.) The Complaint, filed on March 20, 2019, sets forth the following causes of action: (1) Failure to Pay Hourly Wages; and (2) Unfair Competition. Defendant now moves for summary judgment. 2 1 2 3 4 5 6 ...

Excerpt: ...ken Inc. (“Thunder Token”) brings this lawsuit for breach of employment contract against defendant Zachary Amsden (“Amsden”). Thunder Token alleges 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, sets forth a single cause of action for breach of contract. 2 1 2 3 4 5 6 7 8...

Excerpt: ... the allegations of the First Amended Complaint (“FAC”), filed on May 30, 2019, defendant Varsity Tutors LLC (“Defendant”) sells and provides private tutoring services. (FAC, ¶ 1.) At least 40,000 tutors work for Defendant nationwide. (Id. at ¶ 10.) Plaintiff Henry Mulak was employed by Defendant as a tutor for five years. (Id. at ¶ 3.) Plaintiff Alexander Charles has been employed by Defendant as a tutor since May 2018. (Id. at ¶ 4.)...

Excerpt: ...artment 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 on July 10, 2020, 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 A...

Excerpt: ...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. According to the allegations of the First Amended Complaint (“FAC”), filed on November 9, 2018, plaintiff Talia Arroyo Rocha (“Plaintiff”) worked as a courier/delivery driver from July 21, 2015, to August 20, 2015, for defendant Cernx MN, LLC (“Defendant”...

Excerpt: ..., 2020, 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”). (FAC, ¶ 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 omissions...

Excerpt: ...ourt now issues its tentative ruling as follows: I. INTRODUCTION This is a putative consumer class action brought pursuant to the California Fair Debt Buying Practices Act (“CFDBPA”). Plaintiff Janice Ashley Dayton (“Plaintiff”) seeks statutory damages against defendant Portfolio Recovery Associates, LLC (“Defendant”) arising from its routine practice of sending initial written communications that provide the notice required by the CF...

Excerpt: ...ourt now issues its tentative ruling as follows: I. INTRODUCTION This is a putative consumer class action brought pursuant to the California Fair Debt Buying Practices Act (“CFDBPA”). Plaintiff Janice Ashley Dayton (“Plaintiff”) seeks statutory damages against defendant Portfolio Recovery Associates, LLC (“Defendant”) arising from its routine practice of sending initial written communications that provide the notice required by the CF...

Excerpt: ...ent 3. The court now issues its tentative ruling as follows: I. INTRODUCTION On October 15, 2019 following a jury trial, judgment was entered in favor of Plaintiff Brokaw San Jose LLC (“Plaintiff”) and against Defendant Pacific Bay Recycling Center, Inc. (“Defendant”) only, Mindy Ngo (“Ms. Ngo”) having been dismissed as a defendant without prejudice on September 23, 2019, before trial began. After judgment was entered, the court on 2 ...