Excerpt: ...ODUCTION 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 It...

Excerpt: ...t 3. The court now issues its tentative ruling as follows: I. INTRODUCTION According to the allegations of the Complaint filed on December 19, 2017, plaintiff Eric S. Nichols (“Plaintiff”) was hired by defendants Northrop Grumman Systems Corporation and Northrop Grumman Corporation (collectively, “Defendants”) in May 2010 as an hourly, nonexempt employee. (Complaint, ¶ 10.) Plaintiff alleges that Defendants violated various wage 2 1 2 3 ...

Excerpt: ...ETTLEMENT The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on September 9, 2020 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a coordinated action which includes two cases: Canez v. Milgard Manufacturing, Inc., et al., Riverside County Superior Court Case No. RIC1814387, filed on July 16, 2018, and Sydney T. Stewart v. Milgard Manufacturing, Inc.,...

Excerpt: ...s its tentative ruling as follows: I. INTRODUCTION Plaintiffs Reina Gonzalez and Esperanza Jimenez (collectively, “Plaintiffs”) bring this action based on various alleged wage and hour violations. The Complaint, filed on October 25, 2019, sets forth two causes of action for penalties under the Private Attorneys General Act of 2004 (“PAGA”). Defendants Food Management Partners, Inc., Buffets, LLC, and FMP‐Ovation Payroll LLC (collectivel...

Excerpt: ...he 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 Covidien LP and 2 1 ...

Excerpt: ...The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on September 2, 2020 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 Third Amended Complaint (“TAC”), filed on June 29, 2020, this case concerns deficiencies at a multi‐unit residential project (the “Project”). (See TAC, ¶¶ 6 and 34.) Plaintiff The Globe Homeown...

Excerpt: ...R TO FIRST AMENDED COMPLAINT The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on September 2, 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 First Amended Complaint (“FAC”), filed on January 17, 2020, an entity named 360 Residences, LLC entered into a contract in 2008 with B...

Excerpt: ...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 that fail to provide the “Consumer Collection Notice” ...

Excerpt: ...The court now issues its tentative ruling as follows: I. INTRODUCTION Plaintiff Tevita Tuifua (“Plaintiff”) filed this case as a putative class action, alleging various wage and hour violations. The Complaint sets forth the following causes of action: (2)3 Violation of California Labor Code Section 226; (3) Unlawful, Unfair, and Fraudulent Business Practices Pursuant to Business & Professions Code Section 17200, et seq.; and (4) Private Attor...

Excerpt: ...The court now issues its tentative ruling as follows: I. THE AUGUST 7 ORDER AND SUPPLEMENTAL BRIEFING On Friday, August 7, 2020, this court entered an Order Re: Motion for Dismissal of Class Action (“Order”), which is incorporated herein. In the Order, the court declined to grant the joint motion to dismiss the class action based on the record evidence and ordered the Parties to proceed as follows: Based on this showing, the court cannot fulf...

Excerpt: ...uling as follows: I. INTRODUCTION This is a case for recovery of penalties under California's Private Attorneys General Act of 2004 (“PAGA”) based on various alleged wage and hour violations. The Complaint, filed on January 29, 2019, sets forth a single PAGA cause of action. The parties have now reached a PAGA settlement. Plaintiffs Adolph Cruz, Jarlath Reynolds, William Saldivar, and Xiang Yang (collectively, “Plaintiffs”) move for appro...

Excerpt: ...t 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 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 Discharge...

Excerpt: ...uling as follows: I. INTRODUCTION This action arises out of alleged trade secret misappropriation. The Fourth Amended Complaint, filed on May 18, 2020, sets forth the following causes of action: (1) Breach of Contract; (2) Breach of the Covenant of Good Faith and Fair Dealing; (3) Unfair Business Practices; (4) Intentional Interference with Contractual Relations; (5) Intentional Interference ‐ 2 ‐ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ...

Excerpt: ...as on August 14, 2020 at 9:00 a.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 Wag...

Excerpt: ...20 at 9:00 a.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 ...

Excerpt: ...t 9:00 a.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 Under the PAGA...

Excerpt: ...R TO FIRST AMENDED COMPLAINT The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on August 14, 2020 at 9:00 a.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 First Amended Complaint (“FAC”), filed on January 17, 2020, an entity named 360 Residences, LLC entered into a contract in 2008 with Bov...

Excerpt: ..., 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 17 1...

Excerpt: ...s its tentative ruling as follows: I. INTRODUCTION This is a putative class action arising out of various alleged Labor Code violations. According to the Complaint, filed on March 21, 2016, Plaintiff Lingyu Lu (“Plaintiff”) worked as a charge nurse for defendant Surgical Care Affiliates, LLC (“Defendant”) from April 6, 2015 through October 12, 2015. (Complaint, ¶ 16.) Plaintiff alleges that throughout her employment Defendant engaged in ...

Excerpt: ...he court now issues its tentative ruling as follows: I. INTRODUCTION Plaintiff Tevita Tuifua (“Plaintiff”) filed this case as a putative class action, alleging various wage and hour violations. The Complaint sets forth the following causes of action: (2)2 Violation of California Labor Code Section 226; (3) Unlawful, Unfair, and Fraudulent Business Practices Pursuant to Business & Professions Code Section 17200, et seq.; and (4) Private Attorn...

Excerpt: ...020 at 9:00 a.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This action arises out of alleged trade secret misappropriation. The Fourth Amended Complaint, filed on May 18, 2020, sets forth the following causes of action: (1) Breach of Contract; (2) Breach of the Covenant of Good Faith and Fair Dealing; (3) Unfair Business Practices; (4) Intentional Interference with Contractual Relations; (5) Intentiona...

Excerpt: ...ve ruling as follows: I. INTRODUCTION This is a class action brought by plaintiffs Garry A. Bailey and Brooke T. Bailey (collectively, “the Baileys”) individually and on behalf of approximately eleven hundred individuals (collectively, “Plaintiffs”) who paid about $3.8 million in advance fees for “loan modification” services to defendants Daylight Technologies, Inc. (“Daylight Technologies”), Charles Everette Rose (“Rose”), Am...

Excerpt: ...DEFICIENCIES On June 5, 2020, judgment was entered in this case. On June 25, 2020, Defendant and Cross‐complainant Tiffany Hall filed a MC‐ 010 Memorandum of Costs. Item 10 entitled “Attorney fees (enter here if contractual or statutory fees are fixed without necessity of a court determination; otherwise a noticed motion is required)” was left blank, i.e., no amount was stated. On the same day, “Defendant and Cross‐Complainant Tiffany...

Excerpt: ...cording 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 Covidien...

Excerpt: ...ng as follows: I. INTRODUCTION This is a putative class action arising out of various alleged wage and hour violations. On March 10, 2020, plaintiffs Crystal Fregoso, Adrianna Rodriguez, and Truc Bui (collectively, “Plaintiffs”) filed the Third Amended Complaint (“TAC”), which sets forth the following causes of action: (1) Failure to Pay Overtime Wages; (2) Failure to Pay Minimum Wage; (3) Failure to Provide Mandated Meal Periods; (4) Fai...

Excerpt: ...ction comes on for hearing before the Honorable Patricia M. Lucas on July 24, 2020 at 9:00 a.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. Si...

Excerpt: ...now issues its tentative ruling as follows: I. INTRODUCTION This action arises out of alleged trade secret misappropriation. The Fourth Amended Complaint, filed on May 18, 2020, sets forth the following causes of action: (1) Breach of Contract; (2) Breach of the Covenant of Good Faith and Fair Dealing; (3) Unfair Business Practices; (4) Intentional Interference with Contractual Relations; (5) Intentional Interference ‐ 2 ‐ 1 2 3 4 5 6 7 8 9 1...

Excerpt: ... No. 2017‐1‐CV‐306507 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 July 17, 2020 at 9:00 a.m. in Department 3. The court now issues its tentative ruling as follows: XI. INTRODUCTION This case arises out of a patent ownership dispute. According to the allegations of plaintiff Zeno Semiconductor Inc.'s (“Plaintiff” or...

Excerpt: ...20 at 9:00 a.m. in Department 3. The court now issues its tentative ruling as follows: VII. 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; ...

Excerpt: ...s tentative ruling as follows: I. INTRODUCTION This is a putative class action arising out of various alleged Labor Code violations. The Complaint, filed on October 23, 2018, sets forth the following causes of action: (1) Failure to Pay Wages Owed Including Overtime Pay; (2) Failure to Pay Wages for Missed Meal Periods; (3) Failure to Pay Wages for Missed Rest Periods; (4) Failure to Reimburse Business Expenses; (5) Failure to Provide Accurate It...

Excerpt: ..., 2020 at 9:00 a.m. in Department 3. The court now issues its tentative ruling as follows: IV. INTRODUCTION This is a putative class action arising out of various alleged wage and hour violations. The Class Action Complaint for Damages, filed on February 14, 2018, sets forth causes of action titled: (1) Violation of California Labor Code §§ 510 and 1198; (2) Violation of California Labor Code §§ 26.7 and 512(a); (3) Violation of California La...

Excerpt: ...sues its tentative ruling as follows: I. INTRODUCTION This is a putative consumer class action. Plaintiffs Adam D.K. Abelkop and Katherine G. MacDonald (collectively, “Plaintiffs”) represent a putative class of former and present tenants of defendant The Sobrato Organization (“Sobrato”), which owns and operates thousands of apartment units in California. (First Amended Complaint (“FAC”), ¶ 12.) Defendant Alliance Communities, Inc. (�...

Excerpt: ...3. The court now issues its tentative ruling as follows: XII. 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 Discharge...

Excerpt: ...ing as follows: I. INTRODUCTION This is a case for recovery of penalties under California's Private Attorneys General Act of 2004 (“PAGA”) based on various alleged wage and hour violations. The Complaint, filed on January 29, 2019, sets forth a single PAGA cause of action. The parties have now reached a PAGA settlement. Plaintiffs Adolph Cruz, Jarlath Reynolds, William Saldivar, and Xiang Yang (collectively, “Plaintiffs”) move for approva...

Excerpt: ...ws: VIII. INTRODUCTION This is a putative class action arising out of various alleged Labor Code violations. The Complaint, filed on November 19, 2018, sets forth the following causes of action: (1) Meal Break Violations; (2) Rest Break Violations; (3) Inaccurate Wage Statements; (4) Failure to Permit Employee Inspection of Payroll Records; (5) Failure to Permit Employee Inspection of Personnel Records; (6) Improper Acquisition and Use of Employe...

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: DEMURRER TO SECOND AMENDED COMPLAINT; MOTION TO STRIKE PORTIONS OF THE SECOND AMENDED COMPLAINT The above‐entitled action comes on for hearing before the Honorable Patric...

Excerpt: ...d wage and hour violations. The parties have reached a settlement. On February 14, 2020, the court granted preliminary approval of the settlement. Plaintiffs Enrique Torres, Ruben S. Hermosillo, and Rosario De La Trinidad (collectively, “Plaintiffs”) now move for final approval of the settlement. V. LEGAL STANDARD Generally, “questions whether a settlement was fair and reasonable, whether notice to the class was adequate, whether certificat...

Excerpt: ...ia M. Lucas on June 26, 2020 at 9:00 a.m. in Department 3. The court now issues its tentative ruling as follows: X. INTRODUCTION This is a putative class action arising out alleged violations of the Fair Credit Reporting Act and similar California laws. The Complaint, filed on September 20, 2017, sets forth the following causes of action: (1) Violation of 15 U.S.C. § 1681b(b)(2)(A) (Fair Credit Reporting Act); (2) Violation of 15 U.S.C. §§ 168...

Excerpt: ...osemary Schooler, Steve J. Sordello, Michael A. Stankey, Robert Bearden, Paul Cormier, Peter Fenton, and Kevin Klausmeyer (collectively, the “Cloudera Defendants”) to stay all proceedings in this action pending the resolution of the pleadings in a related federal action.10 Alternatively, the Cloudera Defendants move to stay discovery until the pleadings are resolved in both this case and the federal action. Plaintiffs again oppose the entry o...

Excerpt: ...entitled action comes on for hearing before the Honorable Patricia M. Lucas on June 19, 2020 at 9:00 a.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 Auth...

Excerpt: ... RE: MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT Case No. 19CV355280 The above‐ entitled action comes on for hearing before the Honorable Patricia M. Lucas on June 19, 2020 at 9:00 a.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 putative class action arising out of various alleged Labor Code violations. It ...

Excerpt: ...orable Patricia M. Lucas on June 19, 2020 at 9:00 a.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This case arises out of alleged Labor Code violations. The Amended Complaint1 (“FAC”), filed on May 18, 2020, sets forth the following causes of action: (1) Failure to Pay 1 The Amended Complaint was filed after the motion was filed on February 13, 2020. The court finds this motion is not moot and the A...

Excerpt: ... The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on June 19, 2020 at 9:00 a.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION According to the allegations of the Second Amended Complaint (“SAC”), filed on February 3, 2020, this case concerns deficiencies at a multi‐unit residential project (the “Project”). (See SAC, ¶¶ 6 and 34.) Plaintiff The Globe Homeow...

Excerpt: ...epartment 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 Stat...

Excerpt: ... tentative ruling as follows: V. INTRODUCTION This action arises out of alleged trade secret misappropriation. The Fourth Amended Complaint, filed on May 18, 2020, sets forth the following causes of action: (1) Breach of Contract; (2) Breach of the Covenant of Good Faith and Fair Dealing; (3) Unfair Business 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 Practices; (4) Intentional Interference with Contractual Relati...

Excerpt: ... 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 case arises out of various alleged Labor Code violations. Plaintiff Gerardo Ramirez (“Plaintiff) alleges both individual claims and a cause of action for civil penalties under California's Private Attorneys General Act of 2004 (“PAGA”). The First Amended Complaint, filed on April 9, 2019, sets forth the following causes of action: ...

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. According to the Complaint filed on May 13, 2019, plaintiff Robert Xavier (“Plaintiff) worked for defendants New Leaf Community Markets, Inc. and New Seasons Market, LLC (collectively, “Defendants”) as an hourly‐paid, non‐exempt employee from approximately June 2015 to ap...

Excerpt: ... INTRODUCTION This is a putative class action arising out of various alleged wage and hour violations. On September 18, 2019, plaintiffs Crystal Fregoso, Adrianna Rodriguez, and Truc Bui (collectively, “Plaintiffs”) filed the Second Amended Complaint (“SAC”), which sets forth the following causes of action: (1) Failure to Pay Overtime Wages; (2) Failure to Pay Minimum Wage; (3) Failure to Provide Mandated Meal Periods; (4) Failure to Prov...

Excerpt: ... INTRODUCTION This is a putative class action arising out of various alleged wage and hour violations. On September 18, 2019, plaintiffs Crystal Fregoso, Adrianna Rodriguez, and Truc Bui (collectively, “Plaintiffs”) filed the Second Amended Complaint (“SAC”), which sets forth the following causes of action: (1) Failure to Pay Overtime Wages; (2) Failure to Pay Minimum Wage; (3) Failure to Provide Mandated Meal Periods; (4) Failure to Prov...

Excerpt: ... February 28, 2020, at 9:00 a.m. in Department 5. 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 (“FAC”), filed on September 20, 2019, sets forth the following causes of action: (1) Failure to Pay Overtime Wages; (2) Failure to Pay Minimum Wage; (3) Failure to Provide Meal Breaks; (4) Failure to Provide Rest...