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: ...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: ...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 (...