Excerpt: ...a M. Lucas on February 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 action arising out of various alleged wage and hour violations. The First Amended Complaint 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 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1...

Excerpt: ...sues 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 12, 2019, sets forth the following causes of action: (1) Failure to Provide Rest Periods; (2) Failure to Provide Meal Periods; (3) Failure to Pay Hourly and Overtime Wages; (4) Failure to Pay Minimum Wage; (5) Failure to Furnish Itemized Wage St...

Excerpt: ... coordinated cases involving Arriaga & Associates, Inc. (“Arriaga, Inc.”), a company that provides security for other businesses and entities. (See Verified First 1 The included actions are: (1) Giron, et al. v. Arriaga, et al., Superior Court of California, County of Los Angeles, Case No. BC667718; (2) Arriaga, et al. v. Lara, et al., Superior Court of California, County of Santa Clara, Case No. 17CV310003; (3) Jordan v. Arriaga & Associates...

Excerpt: ...ues 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 12, 2019, sets forth the following causes of action: (1) Failure to Provide Rest Periods; (2) Failure to Provide Meal Periods; (3) Failure to Pay Hourly and Overtime Wages; (4) Failure to Pay Minimum Wage; (5) Failure to Furnish Itemized Wage Sta...

Excerpt: ...s: 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 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 Written Wage Statements; (6) Failure to Timely Pay All Final ...

Excerpt: ...ring before the Honorable Patricia M. Lucas on January 27, 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 This is a shareholder derivative action brought on behalf of Newco Materials Technology, Inc. (“Newco” or “Newco USA”). (Shareholder's Derivative Complaint (“Complaint”), ¶ 1.) Plaintiffs Ho...

Excerpt: ...COSTS The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on January 27, 2021 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a wage and hour case. The Complaint, filed on December 7, 2018, sets forth a single cause of action for civil penalties pursuant to the Private Attorneys General Act of 2004 (“PAGA”). 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16...

Excerpt: ...FOR SUMMARY JUDGMENT/ADJUDICATION; MOTION FOR SUMMARY ADJUDICATION The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on January 20, 2021 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a construction defect action arising out of the development, design, and construction of the City Park at Sunnyvale project (the “Project”) and the establishment o...

Excerpt: ...AL APPROVAL OF CLASS ACTION SETTLEMENT The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on January 20, 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 First Amended Complaint, filed on February 5, 2020, sets forth the following causes ...

Excerpt: ...icia M. Lucas on January 13, 2021 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This action brought by plaintiff David Biggs (“Plaintiff”), a driver for defendant Lyft, Inc. (“Defendant”), includes individual and Private Attorneys General Act (“PAGA”) claims. (Complaint, ¶ 15.) The Complaint, filed on June 4, 2020, sets forth the following causes of action: (1) PAGA Penalties for ...

Excerpt: ... 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 required by the ...

Excerpt: ...N This is a putative class action and representative action arising out of various alleged wage and hour violations. The Second Amended Class and Representative Action Complaint, filed on July 30, 2020, sets forth the following causes of action: (1) Failure to Pay Minimum Wage; (2) Failure to Authorize and Permit Paid Rest Breaks and Pay Premium Pay; (3) Failure to Provide Off‐Duty Meal Breaks and Pay Premium Pay; (4) Failure to Issue Itemized ...

Excerpt: ... 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 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 California Labor Code § 226.7 (Unpaid Rest Period Premium...

Excerpt: ...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 (“FAC”), filed on July 10, 2020, sets forth the following causes of action: (1) Failure to Pay Overtime Wages; (2) Failure to Provide Meal Periods; (3) Failure to Permit Rest Breaks; (4) Failure to Provide Accurate Itemized Wage Statements; (5) Failure to Pay All Wages Due...

Excerpt: ...1867 TENTATIVE RULING RE: MOTION TO QUASH The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on December 16, 2020 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 action arises out of alleged trade secret misappropriation. The Fourth Amended Complaint, filed on May 18, 2020...

Excerpt: ...ve ruling 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;...

Excerpt: ...t 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 First Amended Complaint (“FAC”), filed on October 5, 2018, 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 Pay ...

Excerpt: ...partment 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, brought by plantiff Aurelio Landa (“Plaintiff”) against defendants Christopher Ranch, LLC (“Christopher Ranch”) and B & A International Farm Labor Services, Inc. (“B & A”) (collectively, “Defendants”). According to the allegations of the Complaint, filed on Septembe...

Excerpt: ...al; and DOES 1 through 10, Defendants. Case No. 19CV359891 TENTATIVE RULING RE: PETITION TO COMPEL ARBITRATION AND STAY CASE The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on December 9, 2020 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION Plaintiff Maire Tecnimont S.p.A. and its wholly‐owned affiliate, plaintiff MET Gas Processing Technologies S.p.A. (...

Excerpt: ...1867 TENTATIVE RULING RE: MOTION TO QUASH; DEMURRER AND MOTION TO STRIKE; MOTION TO QUASH; MOTION TO STAY ORDER The above‐ entitled action comes on for hearing before the Honorable Patricia M. Lucas on December 9, 2020 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 action arises out of alleged trade secret...

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. 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 Violations; (6) Waiting Time Penal...

Excerpt: ...es its tentative 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 follow...

Excerpt: ...comes on for hearing before the Honorable Patricia M. Lucas on December 2, 2020 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 Kerry William Scribner (“Plaintiff”) seeks statutory damages against defendants Simm Associates, Inc., Jeffrey S. Simen...

Excerpt: ...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 Sixth Amended Complaint, filed on October 2, 2018, sets forth the following causes of action: (1) Failure to Pay Meal Periods; (2) Failure to Provide Rest Periods; (3) Failure to Pay Overtime Compensation; (4) Failure to Provide Accurate Wage Statements; (5) F...

Excerpt: ...N According to the allegations of the Second Amended Complaint (“SAC”), filed on June 12, 2020, plaintiff Brady Esch (“Esch”) (no longer a party to this action) is trained as a mechanical engineer and a materials scientist and engineer. (SAC, ¶ 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 Covi...

Excerpt: ...tive class and representative action brought by plaintiff Samuel Abrego (“Plaintiff”) against defendant Stericycle, Inc. (“Stericycle”) 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 Periods; (4) Failure to Permit Rest Breaks; (...

Excerpt: ...ues its tentative 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 follo...

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: MOTIONS TO COMPEL FURTHER RESPONSE AND PRODUCTION OF DOCUMENTS AND FOR MONETARY SANCTIONS The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on November 4, 2020 at 1:30 p.m. in Department 3...

Excerpt: ...g 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 on an individual basis. 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 putative class action arising out of various alleged Labor Code violations. The First Amended Complaint (“FAC”), filed on June 30, 2020, sets forth the following causes of action: (1) Failure to Pay Wages Owed; (2) Failure to Provide Meal and Rest Periods or Pay Meal and Rest Period Premiums; (3) Failure to Provide Accurate Itemized Wage Statements; (4) Unlawful Failure to Reimburse...

Excerpt: ...ve‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on November 4, 2020 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 ...

Excerpt: ...1867 TENTATIVE RULING RE: MOTION TO QUASH; MOTION TO SEAL The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on October 28, 2020 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 action arises out of alleged trade secret misappropriation. The Fourth Amended Complaint, filed on May...

Excerpt: ...ing before the Honorable Patricia M. Lucas on October 28, 2020 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a construction defect action. According to the allegations of the Second Amended Complaint (“SAC”), filed on April 4, 2018, plaintiff Axis Homeowners Association (“Plaintiff”) is a common interest development that includes owners of condominium units, buildings, 2 1 2 3 ...

Excerpt: ...RODUCTION This action arises out of various alleged Labor Code violations. The Complaint, filed on August 30, 2018, sets forth a single cause of action for civil penalties under the Private Attorneys 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 General Act (“PAGA”).2 Plaintiff Shawn Smith (“Plaintiff”) and defendant Homeguard, Inc. (“Defendant”) have reached a settlement. Plaintiff moves for approval of...

Excerpt: ... According to the allegations of the Second Amended Complaint (“SAC”), filed on June 12, 2020, plaintiff Brady Esch (“Esch”) (no longer a party to this action) is trained as a mechanical engineer and a materials scientist and engineer. (SAC, ¶ 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 Covid...

Excerpt: ...Complaint, filed on April 20, 2020, plaintiff Canyon Bridge Fund I, LP (“Plaintiff”) is a Delaware limited partnership that has held stock in defendant Wave Computing, Inc. (“Wave”) since about August 2017. (Complaint, ¶ 1.) Wave is a company incorporated in Delaware and with its principal place of business in Santa Clara County, CA. (Id. at ¶ 2.) Plaintiff brings this lawsuit individually and derivatively on behalf of Wave. 2 1 2 3 4 5...

Excerpt: ...ed action comes on for hearing before the Honorable Patricia M. Lucas on October 21, 2020 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 Complaint, filed on September 27, 2017, sets forth the following causes of action: (1) Failure to Pay for Each Hour Worked at the Appropriate Rate; (2) Failure to Authori...

Excerpt: ...rtment 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 First Amended Complaint, filed on June 3, 2019, sets forth the following causes of action: (1) Failure to Pay Wages and/or Overtime; (2) Meal Break Violations; (3) Rest Break Violations; 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 (4) Wage Stateme...

Excerpt: ...ealthCare Nutrition, Inc. and Nestle Health Sciences US Holdings, Inc. (collectively, “Defendants”) manufacture, market, and sell food products in California that contain lead. (Complaint, ¶¶ 3‐4.) Defendants failed to provide a warning as required by California's Safe Drinking Water and Toxic Enforcement Act that ingestion of at least one of their products, Nestle COMPLEAT ORGANIC BLENDS Pediatric Plant‐Based Blend, will result in expo...

Excerpt: ...rtment 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, brought by plantiff Aurelio Landa (“Plaintiff”) against defendants Christopher Ranch, LLC (“Christopher Ranch”) and B & A International Farm Labor Services, Inc. (“B & A”) (collectively, “Defendants”). According to the allegations of the Complaint, filed on September ...

Excerpt: ...ober 7, 2020 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”) arising out of various alleged wage and hour violations. The Second Amended Complaint (“SAC”), filed by plaintiff Robert Buchanan (“Plaintiff”) on November 5, 2019, sets forth the following causes of action: (1) Penalties ...

Excerpt: ...his is a putative class 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 Overtime Wages; (2) Failure to Provide Meal Periods; (3) Failure to Permit Rest Breaks; (4) Failure to Provide Accurate Itemized Wage Statements; (5) Failure to Pay All Wages Due Upon Separation of Employment and Within the Required Time; (6) Viol...

Excerpt: ... 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 (“FAC”), filed on March 26, 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 Pay Vacation Wages; (5) Failure to Indemnify; (6) Failure to Provide ...

Excerpt: ...ive ruling as follows: I. INTRODUCTION This is a putative class action arising out of various alleged Labor Code violations. The Complaint, filed on August 2, 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) Failure to Pay Minimum Wages; (5) Failure to Pay all Wages Due to Discharged and Quitting Employees; (6) Failur...

Excerpt: ...ants. Case No. 19CV354170 TENTATIVE RULING RE: MOTION FOR APPROVAL OF PAGA SETTLEMENT; MOTION TO SEAL The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on September 30, 2020 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is an individual and PAGA action arising out of various alleged wage and hour violations. The Complaint, filed on September 5, 2019, ...

Excerpt: ...n a decade ago, defendant Keysight Technologies (“Defendant”), through its predecessor, commenced a concerted campaign to mislead plaintiff Guzik Technical Enterprises (“Plaintiff”) into believing the two were forming a “partnership” centered around the development and sale of high‐end analog‐to‐digital conversion (“ADC”) digitizers. (Complaint, ¶ 3.) In 2007, Defendant first convinced Plaintiff to form a long‐term commer...

Excerpt: ...mber 23, 2020 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. 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. (S...

Excerpt: ...y 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 12 13 14 15 16 ...

Excerpt: ...LIMINARY APPROVAL OF CLASS ACTION SETTLEMENT The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on September 16, 2020 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 First Amended Complaint, filed on February 5, 2020, sets forth the following...

Excerpt: ...ants. Case No. 19CV354170 TENTATIVE RULING RE: MOTION FOR APPROVAL OF PAGA SETTLEMENT The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on September 16, 2020 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is an individual and representative Private Attorney General Act (“PAGA”) action arising out of various alleged wage and hour violations. The Com...