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2019.10.18 Motion to Compel Further Responses 223
Location: Alameda
Judge: Smith, Winifred
Hearing Date: 2019.10.18
Excerpt: ...iffs that monthly benefits not claimed by age 60 will be forfeited, reducing the lifetime value of the pensions. (Cpt para 6, 68(d); 2AC, para 4, 5, 6, 72; Oppo at 1:4-8; 2:11-13.) 3:17-24, 4-5.) The Regents asserts that plaintiffs use terms such as "vested pension right", "right to immediate payment", and "forfeiture" contrary to California law. The court will not issue orders on word choice. The court understands that the claim for breach of fi...
2019.10.18 Demurrer 982
Location: Alameda
Judge: Smith, Winifred
Hearing Date: 2019.10.18
Excerpt: ..., the 2AC alleges that Plaintiff went to an XPO warehouse, that William from Peloton instructed plaintiff on how to assemble Peloton bikes, that Plaintiffs assembled Peloton bikes in the warehouse, that Plaintiff delivered Peloton bikes, and that Peloton advertises that "all Peloton bikes are brought to you with our own ... delivery and assembly service." (2AC, para 44-48.) Regarding other defendants, the 2AC asserts that Plaintiff was paid by Fr...
2019.10.1 Motion for Summary Judgment, Adjudication 314
Location: Alameda
Judge: Smith, Winifred
Hearing Date: 2019.10.1
Excerpt: ...ore was a driver. Reed was a general laundry worker. On 3/25/19 Plaintiff Gallagher dismissed his claims. The First Amended Complaint filed 9/26/17 asserts the following claims: (1) failure to pay for all time worked; (2) Failure to provide rest periods; (3) failure to provide complete and accurate wage statements; (4) failure to pay wages due at termination of employment; (5) failure to reimburse business expenses; and (6) violation of UCL. This...

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