SIXTH CAUSE OF ACTION. (For Breach of Contract Against Interstate)
SIXTH CAUSE OF ACTION. 11 Violation of Section 2 of the Xxxxxxx Act, 15 U.S.C. § 2 – Conspiracy to 12 Monopolize 13 (Against all Defendants) 14 179. Continental re-alleges and incorporates by reference the allegations set 15 forth in the foregoing paragraphs, as though fully set forth herein. 16 180. Continental is informed and believes, and on that basis alleges, that the 17 relevant markets, as defined in Section VI above, are valid antitrust markets. 18 181. Continental is informed and believes, and on that basis alleges, that 19 Defendant Licensors and their unnamed co-conspirators each willfully acquired and 20 then maintained monopoly power in the relevant technology markets as a result of 21 the standardization of their proprietary technologies, as described in Section VI 22 above.
SIXTH CAUSE OF ACTION. 21 FAILURE TO PERMIT REST BREAKS 22 (Violation of Labor Code §§ 226.7; Violation of IWC Wage Order)
SIXTH CAUSE OF ACTION. 23 Violation of California Environmental Quality Act Against FCGMA
24 66. Plaintiffs reallege and incorporate herein, as if set forth in full, each and every 25 allegation contained in paragraphs 1 through 65 inclusive, of this Complaint.
26 67. The Allocation Ordinance constitutes a “project” that may have a significant effect 27 on the environment and thus requires preparation of a legally adequate EIR by Respondents 1 pursuant to the CEQA. FCGMA violated its legal duty under CEQA, Public Resources Code §§ 2 21000 et seq., and the CEQA Guidelines, 14 Code of Regulations §§ 15000 et seq., by adopting a 3 categorical exemption without demonstrating, with substantial evidence, that the Allocation
SIXTH CAUSE OF ACTION. 6 Breach of Covenant of Good Faith and Fair Dealing 7 Against Both Defendants
8 62. Lotes realleges and incorporates by reference the allegations in paragraphs 9 1-61 above as if fully set forth herein.
10 63. Lotes and Defendants entered into the Patent License Agreement and 11 Settlement Agreement.
12 64. Lotes performed all of its obligations under the Patent License Agreement 13 and Settlement Agreement. To the extent that Lotes has not performed any obligation, it is 14 excused from doing so by Defendants’ nonperformance and breach.
15 65. All conditions required for Defendants’ performance under the Patent 16 License Agreement and Settlement Agreement have occurred.
17 66. Under the Patent License Agreement and Settlement Agreement, 18 Defendants owe a duty of good faith and fair dealing to Xxxxx. A covenant of good faith and fair 19 dealing is implied by law in all agreements, including the Patent License Agreement and the 20 Settlement Agreement.
21 67. Defendants breached their duty of good faith and fair dealing to Lotes. 22 Immediately after entering into the Settlement Agreement and Patent License Agreement, and 23 repeatedly thereafter, Defendants have sought to defeat the purpose of those agreements and 24 deprive Lotes of the benefit of those agreements, by repeatedly and baselessly asserting to Lotes’ 25 customers that Xxxxx continues to infringe Defendants’ patents, knowing that their 26 communications with Lotes’ customers would disrupt and interfere with Lotes’ business 27 relationships and cause Lotes to lose sales or be forced to make less profitable sales, and with the 28 intent of causing those xxxxx.
1 68. As a direct result of their breach of their duty of good faith and fair dealing, 2 Defendants unfairly interfered with Xxxxx’ right to receive the benefits of the Patent License 3 Agreement and Settlement Agreement, and thus harmed and damaged Lotes. Lotes has lost sales, 4 been forced to make less profitable sales, and been forced to incur increased costs of sales.
5 69. Defendants’ breach of the covenant of good faith and fair dealing is a 6 substantial factor in causing damage and injury to Xxxxx. As a direct and proximate result of 7 Defendants’ conduct alleged in this Complaint, Xxxxx has been damaged in an amount to be 8 proven at the time of trial, but not less than the amount of lost sales, lost profits on sales, and 9 increased costs of sales it has incurred.
SIXTH CAUSE OF ACTION. 8 PAGA Penalties for Failure to Pay Overtime Wages [Labor Code §§ 510, 558, 1194, 1194.2, 2699] 9 (Plaintiff and Aggrieved Employees against Each Defendant)
SIXTH CAUSE OF ACTION. 9 FAILURE TO PROVIDE ACCURATE, ITEMIZED WAGE STATEMENTS 10 (AGAINST ALL DEFENDANTS)
SIXTH CAUSE OF ACTION. Defendants for Failure to Pay Wages of Discharged Employees – Waiting Time 22 Penalties)
