Excerpt: ...itted a unitary memoran dum of points and authorities in opposition to the petition to confirm and in support of their petition to vacate. As an initial matter, the court notes that this petition appears to have been filed in this court based on the erroneous belief that Menlo Pa rk— where the arbitration occurred —is in Santa Clara County. (Petition, ¶ 15.) Menlo Park is in San Mateo County. Nevertheless, Respondents have not objected to ...

Excerpt: ... 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 15 May 2024. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo --- Order On Motion For Sum mary Judgment Or, Alternatively, Summary Adjudication, Against Plaintiffs Benito Hernandez And Monica Hernandez I. Statement of Facts. Plaintiffs Benito Hernandez, Monica Hernandez, and ...

Excerpt: ... (“County”) and other defendants. According to the complaint, on July 31, 2022, Plaintiff was diagnosed with kidney stones at defendant St. Louise Regional Hospital. (Complaint at ¶ 2.1) St. Louis Regional Hospital is operated by def endant Santa Clara Valley Health & Hospital System. (Id. at ¶ 3.) Santa Clara Valley Health & Hospital System is operated by the County. (Id. at ¶ 4.) On August 1, 2022, defendant Dr. Amir Saffarian (“Dr. Sa...

Excerpt: ...ns of the FAC, on December 27, 19 61, the Benson Estate gifted “O'Connor Hospital” a ten percent interest in property located at 95 S. Market Street, San Jose, California (“the Property”) under a probated will. (FAC, ¶¶ 6 -7.) Around 1965, Plaintiff began managing the Property on behalf of beneficiaries of the Estate of Robert Francis Benson. (“Benson Estate”)1 (FAC, ¶ 1.) In July 1974, the Property owners entered into a “50 -ye...

Excerpt: ... stay at the Hotel from on or around March 12, 2023 until March 25, 2023. (Id. at ¶ 29.) However, due to a s evere b ug i n festati on at th e Ho te l , th ey were forced to vacate on M arch 2 0 , 2 0 2 3 . ( I b i d .) Pl ai n ti ffs noticed the bed bug infestation and complained to Defendant's managers or employees about the uninhabitable conditions in their hotel room, Room 126, but the bed bugs were not abated. (Compl., ¶¶ 30, 32.) After m...

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 15 May 2024. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo --- Order On Defendant John Doe 1's Motion For Judgment On The Pleadings I. Statement of Facts. In approximately 1977, plaintiff Jane Doe D.L. (“Plaintiff”) was enrolled as a ninth grade student at Oak Grove High School operate...

Excerpt: ...h, Inc.'s (“Trucker Path” ) petition to compel arbitration and stay court proceedings; and (2) Roady's motion to stay. The latter motion is opposed, while the former is not. As discussed below, Trucker Path's motion to compel arbitration and stay court proceedings is MOOT. The Court GRANTS Roady's motion to stay. I. BACKGROUND A. Factual According to the allegations of the operative complaint (“Complaint”), Mudflap is the creator of a ne...

Excerpt: ...obert Killingsworth (collect ively, “Defendants”).2 Plaintiffs allege that Travelers had a duty to defend or indemnify them in six underlying actions, and that Defendants engaged in a conspiracy with several nonparties to prevent Plaintiffs from obtaining the contractual benefits und er its tenant's general commercial liability insurance policy. Travelers and Tancredy have now filed a motion for summary judgment addressing all of the remain...

Excerpt: ...f the permissive claims against the other cross -defendants. The court finds that defendants have not adequately explained how the crosscomplaint's allegations against Ahedo are compulsory in nature. As the court understands it, Ahedo's allegations against defendants are b ased on a claim of failure to pay proper wages under the Labor Code: Ahedo contends that Omega misclassified him and therefore failed to pay him overtime, to pay him for meal...

Excerpt: ... Court, rule 3.1308, the Court issues its tentative ruling. I. BACKGROUND A. Factual This action arises out of care rendered by Dr. Sung, a veterinarian at VCA, to Plaintiff's cat, “Kitty” (aka “Kimmy”). According to the Second Amended Complaint (“SAC”), Plaintiff brought her cat to VCA to be evaluated on October 17, 2018. (SAC, ¶ 15.) Dr. Sung's physical exam indicated that Kitty's gait and musculoskeletal structure were normal. (Id...

Excerpt: ...r damages of $513,976 .93 contained in AMS's cross-complaint. CHA has also requested monetary sanctions against AMS with respect to each motion. 1. The Documents Motion On the date that AMS's opposition to this motion was due, AMS apparently provided supplemental responses to the document requests and also produced “500+ pages” of documents. AMS now argues that this motion has been resolved and that no monetary sanctions should be awarded. In...

Excerpt: ...FAs to respond; (2) INCIDENT was not defined specifically enough in the FIs; and (3) the RFP are not sufficiently limited in time; (4) RFP #9 asks for the private information of nonparty tenants, and Plaintiff refused to make modifications to the SIs in writing. In additi on, Defendants claim that Plaintiff's meet and confer efforts were insufficient and that the sanctions request does not comply with CCP §2023.040 and should be denied. Based...

Excerpt: ...ay this action pendi ng resolution of the arbitration of Plaintiff's individual claims. As discussed below, the Court GRANTS Defendant's motion. I. BACKGROUND A. Factual According to the allegations of the operative Second Amended Complaint (“SAC”), Roadie is a company that provides delivery services throughout the country utilizing a crowdsourced delivery platform. (SAC, ¶ 10.) Plaintiff has worked for Roadie since June 2022 as a delivery d...

Excerpt: ...ded” the actual time wo rked, among other Labor Code violations. Before the Court is Acadia's motion to stay this action pending resolution of Patricia J. Ryan v. Mission Treatment Services, Inc., et al. in Los Angeles County Superior Court, Case No. 22STCV22280 (the “Ryan PAGA Action”), which is unopposed. I. BACKGROUND According to the allegations of the operative complaint (“Complaint”), Defendants required Plaintiff and aggrieved em...

Excerpt: ...Stier's RV Center LLC dba Camping World RV Sales, and various Does. On November 27, 2023, Plaintiffs dismissed Heartland Recreational Vehicles LLC and filed a Doe amendment naming Forest River, Inc. (“Forest River”) as a defendant in place of “Doe 1.” Plaintiffs also filed the operative first amended complaint (“FAC”) on the same date. The FAC states eight causes of action: (1) Violation of the Song- Beverly Consumer Warranty Act (...

Excerpt: ...equest for a protective order to govern the conduct of De Luna's counsel, David Chun, at future depositions, as well as a request for $5,858.15 in sanctions against De Luna and Chun, based on their conduct at De Luna's December 18, 2023 deposition. On March 6, 2024, De Luna filed a motion for protective order to govern the conduct of GCS's counsel, Adam Khan, at future depositions. This motion included a request to compel further deposition test...

Excerpt: ...efamation and emotional distress brought by plaintiff Shiue -Mei Kuo (“Kuo”) against defendants Chih -Ling Chou (“Chih -Ling”) and Sophia Chou (“Sophia”) (collectively, “Defendants”).2 According to the complaint, plaintiff Kuo, a resident of Taiwan , was employed as a professor at Mingshin University of Science and Technology, a private college also located in Taiwan. (Complaint at ¶¶ 1, 3.) Defendants are residents of Los Altos...

Excerpt: ...”) against defend ant Naftoon, Inc. (“Defendant”), which alleged causes of action for: (1) Failure to Pay Minimum Wages [Cal. Lab. Code §§ 204, 1194, 1194.2, and 1197]; (2) Failure to Pay Overtime Compensation [Cal. Lab. Code §§ 1194 and 1198]; (3) Failure to Provide Meal P eriods [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 Ex...

Excerpt: ... General Ac t (Labor Code §§ 2698, et seq.) (“PAGA”). On June 22, 2022, the parties submitted a Joint Stipulation to Submit Plaintiff's Individual PAGA Claim to Arbitration and Dismiss Without Prejudice Plaintiff's NonIndividual PAGA Claims; Proposed Order, which stat ed that “pursuant to the United States Supreme Court's recent decision in Viking River Cruises, Inc. v. Moriana, 596 U.S. __ (2022), the Parties have agreed that Plaintiff's...

Excerpt: ...int”) against defe ndant Fortinet, Inc. (“Defendant”) on February 3, 2023.1 The Complaint alleged class claims for violations of the Labor Code and the Unfair Competition Law (“UCL”). On February 27, 2023, plaintiff Lucas Andrews (“Lucas”) filed a First Amended Complaint (“ FAC”) in this action, which alleged class claims for violations of the Labor Code and the UCL.2 On September 26, 2023, Lauren and Lucas (collectively, “Pl...

Excerpt: ...ember 14, 2021, s ets forth causes of action for: (1) Failure to Pay Minimum Wages; (2) Failure to Pay Overtime Compensation; (3) Failure to Provide Meal Periods; (4) Failure to Authorize and Permit Rest Breaks; (5) Failure to Indemnify Necessary Business Expenses; (6) Fail ure to Timely Pay Final Wages at Termination; (7) Failure to Provide Accurate Itemized Wage Statements; (8) Unfair Business Practices; and (8) Civil Penalties Under PAGA. The ...

Excerpt: ...orinthian Inter national Parking Services, Inc. (“Defendant”), alleging various Labor Code violations in 2015 (“Turner Action”). 1 On January 21, 2016, plaintiff Mykale Rocquemore (“Rocquemore”) filed a representative action against Defendant asserting a single claim for civil penalties under the Private Attorneys General Act of 2004 (“PAGA”) (“Rocquemore Action”). The PAGA claim is predicated on allegations that Defendant fa...

Excerpt: ... operative First Amen ded Complaint (“FAC”) against defendants Grocery Delivery EServices USA, Inc. and Insperity Business Services, L.P. on March 18, 2020. The FAC sets forth the following causes of action: (1) Violation of 15 U.S.C. §§ 1681b(b)(2)(A) (FCRA); (2) Violation of 15 U.S.C. §§ 1681d(a)(1) and 1681g(c) (FCRA); (3) Failure to Provide Meal Periods (Lab. Code §§ 204, 223, 226.7, 512 and 1198); (4) Failure to Provide Rest Period...

Excerpt: ...: Plaintiff Brittany Jackson alleges she moved into the property at 1426 W 25th Street in Los Angeles, CA, to care for her ailing grandmother, Katie Mae Hawkins. On November 9, 2022, Hawkins passed away. Plaintiff Sylvia Sheridan is the daughter and successo r in interest to decedent Hawkins. Plaintiff Jackson alleges she continued to pay rent after her grandmother's death. On December 1, 2022, Defendant(s) Hawkins Real Property Management, LLC a...

Excerpt: ...an Jos e. 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 13 May 2024. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo --- Orders on: (1) Defend ant Yevgeniy Babichev's Special Motion To Strike Claims In Plaintiff Kateryna Pomogaibo's Causes Of Action For Harassment And Intentional Infliction Of Emotional Distress In The First ...