Excerpt: ...he common areas. A ccording to the allegations of the verified complaint, Plaintiffs are the record owners and residents of the condominium unit located at 175 W. Saint James St., Unit 105, San Jose, California (“Property”). (Complaint, ¶ 1.) The Property is part of a common interest development (“CID”) managed by the Association in accordance with its Governing Documents. (Complaint, ¶¶ 2 -3.) Defendant Christopher Gunnucio is the Pr...

Excerpt: .... Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 01 May 2024. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo --- Order On Motion Of Defe ndants To Compel Arbitration. I. Statement of Facts. Plaintiff filed this complaint on 18 August 2023.5 the complaint states a cause of action for dependent adult abuse [Welfare & Institutio...

Excerpt: ...ty op posing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 3 May 2024. Please specify the issue to be contested when calling the Court and Counsel. Order On Defendant S1 51, LLC's Motion To Strike I . Statement of Facts This is a landlord -tenant matter. Plaintiffs Linda Thy and her minor child (collectively, “Plaintiffs”) lived in a rental property located at 500 Race Street, San...

Excerpt: ...FAC, ¶ 10.) Thirthala and Garlapati are the owners of the Property. (FAC, ¶ 6.) Mr. Medina is over the age of 80. (Id. at ¶ 11.) On April 8, 2022, Mr. Medina received notice from the senior regional manager of BAP, which stated that the owners of the building intended to relocate to the area an d move into Plaintiffs' unit. (FAC, ¶ 12.) The Property owners, and manager, had knowledge that the owners would not actually move into Plaintiffs' un...

Excerpt: ... Plaintiff M argalara Safi sued her employer Defendants Fogo de Chao Churrascaria (San Jose), LLC; Fogo de Chao, Inc. ("FDC"); and Fogo de Chao Churrascaria (California), LLC (collectively, “Defendants”), for various wage and hour violations. Her complaint asserts caus es of action for: (1) failure to provide meal periods; (2) failure to authorize and permit rest periods; (3) failure to pay minimum wages; (4) failure to pay overtime ...

Excerpt: ...'s motion for leave to amend and (2) Defendant's motion to compel Plaintiff to arbitrate his individual PAGA claim and stay the representative PAGA claim pending the outcome of the arbitration. Both motions are opposed. As discussed below, the Court GRANTS IN PART and DENI ES IN PART the motion for leave to amend and GRANTS the motion to compel arbitration and issue a stay. I. BACKGROUND Plaintiff was employed as a sales representative for Defend...

Excerpt: ...legations of the 5AC, Wilson was employed by SoundHound from November 29, 2011, to August 30, 2019. (5AC, ¶ 19.) SoundHound is a digital voice application company that enables humans to speak naturally to their smartphones and other devices. (5AC, ¶ 19.) Wilson was initially h ired as a Principal Engineer and later he was promoted to Architect. (5AC, ¶ 20.) He created a significant amount of SoundHound's intellectual property, and he was an i...

Excerpt: ...fs do not di spute that they signed the transfer agreement knowing what the agreement was for or that the transfer agreement incorporates all the terms and conditions of the customer agreement. Nor do Plaintiffs dispute that the customer agreement they assumed includes this arbitration clause: Most customer concerns can be resolved quickly and amicably by calling Our customer service department at (877) 404 -4129. If Our customer service departme...

Excerpt: ...on. A s a preliminary matter, Google filed a motion to seal some of its papers file in opposition to Plaintiffs' motion to compel. The parties represent that they are meeting and conferring regarding issues related to Google's motion to seal. The parties have stipulated, and the court has ordered that Google shall file its motion to seal Plaintiff's moving papers by June 13, 2024 and Plaintiff may oppose Google's motion to seal its opposition ...

Excerpt: ...'s activiti es relative to particular property. In this lawsuit, Plaintiff seeks a declaration that he is entitled to these distributions and preliminary relief preventing transfer of the property. Plaintiff recorded a lis pendens on the property, which defendant seek s to have expunged. The parties hotly dispute virtually every aspect of Plaintiff's allegations, including how Plaintiff came to be involved in the project, whether Plaintiff is eve...

Excerpt: ...ase agreement with CFEP (“Agreeme nt,”) and Edward Fields, a managing member of Westfield (“Fields” or “Defendant,”) executed a written Guaranty of Lease (the “Guaranty”) (Complaint, ¶¶ 11 -13.) As part of Plaintiff's acquisition, CFEP assigned its “rights, title, and interest,” in both the Agreement and Guaranty, to Plaintiff. (Complaint, ¶ 14.) After Plaintiff became the landlord of the Subject Building, Westfield and F...

Excerpt: ...s entered into a written lease agreement for a commercial space located in Angeles City, Philippines and owned by Defendant (“Property”). (Complaint ¶ 1) Both parties are residents in the State of California and the lease agreement was signed in California. The lea se agreement contains a choice -of -law provision stating “[t]his agreement is to be governed under the laws located in the State or Country where the premises is located.” (C...

Excerpt: ... Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 01 May 2024. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo--- Orders On Discovery Motions of Defendants. Orders On Discovery Motions of Defendants. 02 May 2024 Page 1 of 6 I. Statement of Facts. Plaintiff filed this complaint on 22 of August 2022.4 The complaint alleges causes ...

Excerpt: ...Company's (“Evanston ”) (collectively with Underwriters, the “18/19 Tower Insurers”), Continental Casualty Company's (“Continental”), Allied World Specialty Insurance Company's (“Allied World”), and Endurance Risk Solutions Assurance Company's (“Endurance”) (collectively with Continental and Allied World, the “19/20 Tower Insurers”) alleged refusal to pay plaintiff Zoom Video Communications, Inc. (“Zoom”) money that is...

Excerpt: ...endant Satellite Healthcare, Inc. (“Defendant”) on September 30, 2021. Soliman then filed a First Amended Class Action Complaint (“FAC”) on January 25, 2022, which set forth causes of action for: (1) Failure to Pay Lawful Wages; (2) Failure to Provide Lawful Meal Periods or Compensation in Lieu Thereof; (3) Failure to Provide Lawful Rest Periods or Compensation in Lieu Thereof; (4) Failure to Reimburse Employee Expenses; (5) Failure to P...

Excerpt: ... (collectively, “Plaintiffs”) filed a Complaint alleging causes of action for: (1) Failure to Pay Minimum Wage (Lab. Code § 1194 and IWC Wage Orders); (2) Failure to Pay Overtime (Lab. Code §§ 510, 1194); (3) Failure to Provide Authorized Meal Periods (Lab. Code §§ 226.7, 512, IWC Wage Orders); (4) Failure to Provide Authorized Rest Periods (Lab. Code §§ 226.7, 512, IWC Wage Orders); (5) Failure to Pay All Wages Upon Discharge (Lab. C...

Excerpt: ...rst Street, San Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 29 April 2024. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo --- Order on Motion of Defendant Peter Xu Zhong For Judgment on the Pleadings. I. Statement of Facts. Plaintiffs Chun Yu Lu and Ming Yi Lai (collectively, “Plaintiffs”) allege that on or about ...

Excerpt: ...case on July 5, 2023; it filed the operative first amended complaint (“FAC”) on November 2, 2023. This case is preceded by three other cases between Lebar and Kim that were filed in 2022: two unlawful detainer actions that are now closed, as well as a civil action for damages by Kim against Lebar that is scheduled to go to trial on September 30, 2024. The parties both conducted dental businesses at 1240 Scott Boulevard, Santa Clara, Califo...

Excerpt: ...pposin g the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 29 April 2024. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo --- Order On Cross -Defendant Niloufar Dehko rdi's Demurrer To Cross -Complainant South Valley Construction, Inc's First Amended Cross - Complaint. I. Statement of Facts. Complaint Defendants Jamielee Miller (sued as Jamielee C. ...

Excerpt: ...ond amended complaint (“SA C”) on October 3, 2023, after the court overruled in part and sustained in part a demurrer to the first amended complaint. There are also cross -actions. Encore filed a cross - complaint against Hacker on June 9, 2023, stating causes of action for breach of fiduciary duty, conversion, common counts, and imposition of a constructive trust. Hacker brought a demurrer to this cross -complaint, which the court sustain...

Excerpt: ...y o pposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 29 April 2024. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo --- Order on Motion of Plaintiff For Leave to File an Amended Complaint. I. Statement of Facts. Plaintiff filed this complaint on 28 September 20181 while representing himself in propria persona. Defendant answered the compla...

Excerpt: ...h First Street, San Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 29 April 2024. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo --- Order on Motion of Defendant/Cross -Complainant Albert Yeong For Leave to File First Amended Cross -Complaint. I. Statement of Facts. Plaintiff Giuliani Construction and Restoration, Inc. �...

Excerpt: ... statutory fee -shifting provision do es not indicate any restrictions on how the fee award is to be calculated, it is presumed that the Legislature intended courts to use the prevailing lodestar adjustment method. Pasternack v. McCullough, 65 Cal. App. 5th 1050, 1055 (2021). The method begins with calculation of the lodestar, i.e. the number of hours reasonably expended multiplied by the reasonable hourly rate. Id. The lodestar figure may then ...

Excerpt: ...nc. filed an action to have a co nservator appointed over Lorraine. (See FAC, ¶ 11.) Plaintiff retained defendant Howard G. Frank dba The Law Office of Howard G. Frank (“Defendant”) to represent her as a beneficiary of the Korpontinos 1988 Revocable Trust Agreement (“Trust”) and the subtrusts —the Lorraine A. Korpontinos Survivor's Trust (“Survivor's Trust”), the Lorraine A. Korpontinos Marital Trust (“Marital Trust”), and th...

Excerpt: ... County since 2008. (FAC, ¶ 20.) In May 2018, Plaintiff transitioned to the Sheriff's office as a Management Analyst, on December 17, 2018, she was promoted to Senior Management Analyst, and on January 28, 2019, she was promoted to Program Manager II. (FAC, ¶ 21 -22. ) Sheriff Laurie Smith was one of Plaintiff's supervisors. (FAC, ¶ 13.) In January 2020, the District Attorney investigated misconduct in the Sheriff's Department, which included ...