FOURTH CAUSE OF ACTION. (For Breach of Contract Against AIG)
FOURTH CAUSE OF ACTION. To Provide Required Meal Periods
FOURTH CAUSE OF ACTION. 11 FAILURE TO AUTHORIZE AND PERMIT ALL REST PERIODS 12 (BY PLAINTIFF XXXXXXX AGAINST ALL DEFENDANTS)
FOURTH CAUSE OF ACTION. 11 Writ of Mandate for Failure to Comply with Xxxxxxx-Xxxxxxxx Bilingual Services Act 12 59. Petitioners incorporate and reallege paragraphs 1-XX of the petition as 13 though fully set out herein.
FOURTH CAUSE OF ACTION. 18 Writ of Mandate (Groundwater Sustainability Plan—Oxnard Subbasin) Against FCGMA
19 51. Plaintiffs reallege and incorporate herein, as if set forth in full, each and every 20 allegation contained in paragraphs 1 through 50 inclusive, of this Complaint.
21 52. Plaintiffs seek a writ of mandate pursuant to Code of Civil Procedure section 22 1085(a) to require FCGMA to vacate, rescind, and set aside the Oxnard Subbasin GSP.
23 53. Plaintiffs and other parties submitted comments on drafts of the Oxnard Subbasin 24 GSP, raising the same issues upon which this Petition is based.
25 54. As FCGMA’s own estimates show, the GSP’s sustainable management criteria 26 improperly and unnecessarily limit the sustainable yield of the Oxnard Subbasin. FCGMA set the 27 GSP’s minimum thresholds and measurable objectives by looking directly to the results of 1 groundwater model runs, rather than first determining, through real-world measurement, what 2 management criteria the Basin must meet to achieve sustainability. This method is backward;
FOURTH CAUSE OF ACTION. 20 Violation of Section 1 of the Xxxxxxx Act, 15 U.S.C. § 1 – Concerted Action 21 Unreasonably Restraining Trade 22 (Against All Defendants) 23 161. Continental re-alleges and incorporates by reference the allegations set 24 forth in the foregoing paragraphs, as though fully set forth herein. 25 162. Continental is informed and believes, and on that basis alleges, that 26 there exists a contract, combination, or conspiracy between or among Defendants 27 and their co-conspirators. As alleged herein, such contract, combination or 28 conspiracy includes, among other anticompetitive agreements or mutual 1 understandings, agreements or understandings to (a) collectively boycott 2 intermediate suppliers of components and subsystems within the automotive 3 chain—including suppliers of TCUs such as Continental, NADs, and the baseband 4 processors that directly implement the standards at issue—by refusing to directly 5 license them, let alone on FRAND terms and conditions, as all Defendants are 6 required to do; (b) fix and otherwise collectively set a minimum floor for basic SEP 7 licensing terms; (c) steer potential licensees to Avanci by refusing to offer individual 8 fully exhaustive direct FRAND licenses to suppliers in the automotive supply chain 9 in order to preserve Avanci’s ability to extract supra-competitive prices at the OEM 10 level; (d) combine (i.e., pool) their patents for collective licensing on non-FRAND 11 terms by Avanci as a mechanism to enhance and maintain their ability to exploit the 12 market power each Defendant Licensor gained from standardization by exerting 13 additional bargaining power as a collective; (e) illegally tie the licensing of their 14 alleged SEPs to potential licensees taking licenses to their collective non-essential 15 and thus unwanted technologies, and packing the purported collective license with 16 non-SEPs in order to inflate the number of patents for collective licensing to justify 17 their non-FRAND royalties; (f) bundle alleged SEPs and non-SEPs for a joint 18 license resulting in the collective price fixing of non-essential and competing 19 technologies; and (g) fix the minimum price of licensing their alleged SEPs through 20 Avanci by collectively refusing to discount Avanci’s stated royalty for the value of 21 any individual or existing licenses, thus further raising the cost of implementing the 22 standards through double dipping in violation of exhaustion rules.
FOURTH CAUSE OF ACTION. 21 FAILURE TO PAY REPORTING TIME PAY 22 (Violation of Labor Code § 1198; Violation of IWC Wage Order)
FOURTH CAUSE OF ACTION. 25 (Labor Code § 2699 et seq.) 26 49. Plaintiff incorporates the allegations contained in the previous paragraphs of this 27 Complaint as if fully set forth herein.
FOURTH CAUSE OF ACTION. 5 Reliance on Flawed Analysis of Nitrogen Deposition 6 (ESA, 16 U.S.C. §§ 1536, 1539; Alternatively, APA, 5 U.S.C. § 706)
FOURTH CAUSE OF ACTION. 6 FAILURE TO PROVIDE MEAL PERIODS 7 (AGAINST ALL DEFENDANTS) 8 40. Plaintiff re-alleges and incorporates by reference all previous paragraphs.
