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2023.02.08 Motion for Leave to File Amended Class Action Complaint 947
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.02.08
Excerpt: ... rental property known as Vine by Vintage. (TAC at ¶ 1.) Plaintiff has now vacated the unit. (Ibid.) Defendants Woodstone by Vintage, L.P. (“Woodstone”), Heartstone Housing Foundation (“HHF”), and Heartstone CA Properties I, LLC (“Heartstone I”) (collectively, “Defendants”) are allegedly the owners, operators, and managers of Vine by Vintage. (TAC at ¶ 2.) Plaintiff alleges each of the Defendants “were the agents, employees, r...
2023.02.01 Motion to Stay Action 844
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.02.01
Excerpt: ...019, sets forth the following causes of action: (1) Failure to Pay All Minimum Wages Owed; (2) Failure to Pay Overtime Wages; (3) Failure to Pay All Wages Due Each Pay Period; (4) Failure to Provide Meal Periods; (5) Failure to Provide Rest Periods; (6) Failure to Furnish Accurate Wage Statements; (7) Failure to Maintain Required Records; (8) Failure to Pay Wages Earned Upon Termination; (9) Unfair Competition in Violation of Business & Professio...
2023.02.01 Motion to Compel Arbitration and Stay Proceedings 577
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.02.01
Excerpt: ...�Complaint”), on October 27, 2021, Plaintiff purchased a new product, manufactured by Defendant, that was subject to the warranty. (Id. at ¶ 42.) Plaintiff Hai Bui (“Plaintiff”) alleges that Defendant's warranty contains language that leads consumers to believe that third‐party repair of their products will void the warranty. (Id. at ¶¶ 2‐7, 17, 30‐32, 34, & 64.) Plaintiff further alleges that he is unable to repair his product via...
2023.02.01 Motion for Preliminary Approval of Settlement 890
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.02.01
Excerpt: ... notice. The Class Action Complaint (“Complaint”), filed on May 14, 2021, sets forth the following causes of action: (1) Violation of California Unfair Competition Law, Cal. Business & Professions Code §§ 17200‐17210; and (2) Declaratory Judgment. Plaintiffs Rakly Dominguez and Grace Dominguez (collectively, “Plaintiffs”) have reached a settlement with defendants All‐Pro Bail Bonds, Inc. (“All‐Pro”), Bankers Insurance Company,...
2023.02.01 Motion for Preliminary Approval of Settlement 519
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.02.01
Excerpt: ...ollowing causes of action: (1) Failure to Pay Minimum Wages [Cal. Lab Code §§ 204, 1994, 1194.2, and 1197]; (2) Failure to Pay Overtime Compensation [Cal. Lab Code §§ 1194 and 1198]; (3) Failure to Provide Meal Periods [Cal. Lab Code §§ 226.7 and 512]; (4) Failure to Authorize and Permit Rest Breaks [Cal. Lab Code § 226.7]; (5) Failure to Indemnify Necessary Business Expenses [Cal. Lab Code § 2802]; (6) Failure to Timely Pay Final Wages a...
2023.02.01 Motion for Preliminary Approval of Settlement 403
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.02.01
Excerpt: ... against Defendant, Daniel Rodas v. The Goodyear Tire & Rubber Co. (Los Angeles Superior Court, Case No. 21STCV28702) (the “Rodas Action”). Defendant removed the action to federal court, resulting in Daniel Rodas v. The Goodyear Tire & Rubber Co. (United States District Court, Central District of California, Case No. 2:21‐CV‐07526‐VAP). The Rodas Action involves the following causes of action: (1) violation of Labor Code §§ 510, 588, ...
2023.02.01 Motion for Final Approval, to Intervene 576
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.02.01
Excerpt: ...Complaint (“SAC”), filed on June 2, 2021, sets forth the following causes of action: (1) Failure to Pay All Overtime Wages Owed (Labor Code §§ 204, 510, 558, 1194, 1198); (2) Failure to Pay All Minimum Wages Owed (Labor Code §§ 1194, 1194.2, 1197); (3) Failure to Pay All Wages at the Agreed‐Upon Rate (Labor Code §§ 221‐223); (4) Failure to Provide Meal Periods (Labor Code §§ 226.7, 512); (5) Failure to Authorize and Permit All Res...
2023.02.01 Motion for Approval of PAGA Settlement 150
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.02.01
Excerpt: ...ve Action Complaint, which set forth a single cause of action for Violation of the Private Attorneys General Act [Cal. Lab. Code §§ 2698, et seq.]. On December 30, 2020, plaintiff Melissa Freitas (“Freitas”) filed an action, Melissa Freitas v. Vitamin Shoppe Industries Inc. (Monterey County Superior Court, Case No. 20‐ CV003549), which set forth a single cause of action under PAGA. Following mediation, Almadhi, Freitas, and defendant Vita...
2023.01.18 Motion for Summary Adjudication 060
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.01.18
Excerpt: ...m. in Department 19. The court now issues its tentative ruling as follows: IX.INTRODUCTION This is a putative class and representative action arising out of alleged wage and hour violations. According to the allegations of the Class Action Complaint for Damages (“Complaint”), filed on January 22, 2020, plaintiff Jaime Echeverria (“Plaintiff”) was an employee of defendant Tapestry, Inc. dba Coach (“Defendant”). (Complaint, ¶ 7.) Plain...
2023.01.18 Motion for Final Approval of Class and Representative Action Settlement 516
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.01.18
Excerpt: ...MICRO, INC.; JSR NORTH AMERICA HOLDINGS, INC.; JSR LIFE SCIENCES, LLC; and DOES 1 through 20, inclusive, Defendants. Case No. 21CV386334 The above‐entitled action comes on for hearing before the Honorable Theodore C. Zayner on January 18, 2023, at 1:30 p.m. in Department 19. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a consolidated action arising out of various alleged Labor Code violations. On June 23, 2021, ...
2023.01.18 Motion for Final Approval of Class Action Settlement, for Attorney Fees 487
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.01.18
Excerpt: ...NT The above‐entitled action comes on for hearing before the Honorable Theodore C. Zayner on January 18, 2023, at 1:30 p.m. in Department 19. The court now issues its tentative ruling as follows: VII. INTRODUCTION This putative class action arises out of allegations that defendants The Sobrato Organization, SI VI, LLC, and Alliance Communities Inc. (collectively, “Defendants”) made unlawful deductions to departing tenants' security deposits...
2023.01.18 Demurrer 150
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.01.18
Excerpt: ...allegations of the operative Third Amended Complaint (“TAC”), filed on July 22, 2022, plaintiff Canyon Bridge Fund I, LP (“Plaintiff”) is a Delaware limited partnership that has held stock in non‐party Wave Computing, Inc. (“Wave”) since about August 2017. (TAC, ¶ 2.) Wave was a semi‐conductor and computer learning company incorporated in Delaware and with its principal place of business in Santa Clara County, CA. (Id. at ¶ 1.) ...
2020.01.16 Motion to Compel Further Responses, for Monetary Sanctions 014
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2020.01.16
Excerpt: ...HP Group, Inc., Evergreen Equity Partners, LLC (“Evergreen”), Bach Lan Thi Le, Kimly Huynh, Andrew Luong, To Tran, and An Nguyen. According to the second amended complaint (“SAC”), Plaintiff owns several investment rental properties. (SAC at ¶ 33.) He is a barber by trade and met Trung when Trung became his customer. (Id. at ¶ 34.) About ten years into their relationship, Trung approached Plaintiff with an offer to invest in properties ...
2020.01.16 Demurrer 817
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2020.01.16
Excerpt: ...ts (collectively, “Plaintiffs”) are female pediatricians classified as P‐41 County employees employed at Santa Clara Valley Medical Center (“SCVMC”) and Santa Clara Valley Health Care System (“SCVHCS”), both of which are owned and operated by defendant County of Santa Clara (“County”). (See FAC, ¶¶ 1‐ 2.) County also employs male pediatricians as P‐41 County employees at SCVMC and SCVHCS, and Plaintiffs perform the same or...
2019.7.2 Motion to Strike 302
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2019.7.2
Excerpt: ...iculty understanding and managing his own financial affairs and therefore his son and daughter‐inlaw, Defendants, offered to help him purchase a home. (SAC, ¶ 1.) On March 24, 2011, Plaintiff and Defendants purchased a residential property (the “Property”) located in Gilroy. (Id., ¶ 2.) When the Property was purchased, title was taken by the parties as joint tenants, with the intention that the home be a place for Plaintiff, whom the part...
2019.7.2 Motion to Compel Discovery Responses 302
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2019.7.2
Excerpt: ...der the applicable Code of Civil Procedure sections. The motions are DENIED as presented. As responses and objections were served, there is no basis for a motion to compel responses nor a motion to deem admissions admitted. And as the proper motion(s) under such circumstances would be timely motions to compel further responses – which must be brought within 45 days of service of the responses – the motion is DENIED as untimely. The Court is w...
2019.7.2 Demurrer, Motion to Strike 152
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2019.7.2
Excerpt: ...uted by Defendant. (Complaint, ¶ 6.) In connection with the purchase, Plaintiff received an express warranty pursuant to which Defendant was to preserve or maintain the Vehicle's utility or performance, or provide compensation in the case of failure to either for a specified period of time. The warranty further provided that in the event a defect developed with the Vehicle during the warranty period, Plaintiff could deliver the Vehicle for repai...
2019.6.20 Motion to Compel Further Responses, for Sanctions 295
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2019.6.20
Excerpt: ...�) and did not specifically provide for posthumously‐conceived children in his will. And so, a dispute arose between Plaintiff, individually and on behalf of her children, and Defendant, individually and as administratrix of Pesic's estate. Currently before the Court are two motions: (1) Defendant's motion to compel Plaintiff to provide a further response to an interrogatory; and (2) Defendant's request for all manner of sanctions.1 II. Motion ...
2019.6.20 Motion for Summary Judgment 153
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2019.6.20
Excerpt: ...o the allegations of the operative complaint (“Complaint”), on February 16, 2017, Plaintiff was admitted to the hospital in Santa Cruz after suffering a stroke, which left him unable to perform certain physical movements and for some time affected his verbal and mental acuity and abilities. (Complaint, ¶ 6.) At the time of his stroke, William and Valerie were in the midst of a highly‐contested marital dissolution action, with a community e...
2019.6.18 Motion to Quash Service of Summons and Complaint or to Dismiss for Inconvenient Forum 574
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2019.6.18
Excerpt: ...rst Amended Complaint (“FAC”), BitClave is a private company with its principle place of business in San Jose that developed a blockchain‐based platform called BitClave Active Search Ecosystem, which allows consumers to control when and how they share data with retail companies. (FAC, ¶ 9.) In exchange, consumers earn Consumer Activity Tokens (‘CAT”). (Id.) At the time the company was founded in July 2017, it had two shareholders: Alex...
2019.6.18 Motion for Judgment on the Pleadings 966
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2019.6.18
Excerpt: .... According to the allegations of the underlying complaint (the “Complaint”), pursuant to a written agreement dated July 16, 2015 (the “Lease”), Cross‐Defendants leased a commercial real property located at 1566 South 7th Street in San Jose (the “Premises”) to Celebuddy for the purpose of operating a medical cannabis facility. (Complaint, ¶¶ 1, 4, Exhibits A and B.) Tran, the President of Celebuddy, signed a written Guaranty of th...
2019.6.18 Demurrer 106
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2019.6.18
Excerpt: ...In October 2010, Brassfield and defendant Paul S.S. Elias (“Elias”) entered into a written contract for the remodeling of Brassfield's home. (FAC, ¶¶ 1 & 25.) The contract provided that Elias would add a basement and a new ground floor to the property, with construction scheduled to be completed by July 20, 2011. (Id. at ¶ 25.) Construction commenced on November 1, 2010 as contemplated by the parties, but was not completed by the July 20, ...
2019.5.30 Motion to Compel Further Responses, Request for Monetary Sanctions 979
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2019.5.30
Excerpt: ...he Coffee Bean and Tea Leaf when she fell and suffered severe injuries while using the restroom. (First Amended Complaint [“FAC”] at ¶ 10.) The condition of the floor in the restroom caused Plaintiff to fall. (Ibid.) Plaintiff alleges that defendants occupied and controlled the subject premises. (Id. at ¶¶ 11, 17.) Plaintiff claims defendants were negligent by failing to use reasonable care to keep the property in a reasonably safe conditi...
2019.5.30 Motion for Summary Judgment 604
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2019.5.30
Excerpt: ...nts County of Santa Clara (“County”), JP Dinapoli Companies, erroneously sued as Dinapoli Companies & Ruwan (“Dinapoli”) and D&D Ranch (“D&D”) (collectively, “Defendants”), where she slipped on the floor of the premises, injuring herself. (See complaint, ¶ Prem L‐1, p.4.) On October 3, 2016, Plaintiff filed a form complaint against Defendants, asserting a cause of action for premises liability with counts for: 1) Premises liabi...
2019.5.30 Demurrer 513
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2019.5.30
Excerpt: ...ex Assurance Group, Inc. They initially wired $75,000 to an escrow agent, namely defendant Gregory L. Davis (“Davis”). They subsequently wired an additional $175,000, which was deposited with Swiss Monex Global, AG in the Bahamas. They had to take out a home‐equity loan to secure the $175,000 payment. By September 2017, Yuan had not returned the $250,000 they fronted for the transaction. In September 2018, Yuan executed a promissory note in...

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