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2019.10.25 Demurrer, Motion for Preliminary Injunction 667
Location: Santa Clara
Judge: Walsh, Brian C
Hearing Date: 2019.10.25
Excerpt: ... Background As alleged in the FAC, Prager is a non‐profit, 501(c)(3) tax exempt, educational organization that promotes discussion on historical, religious, and current events by disseminating educational videos intended for younger, student‐based audiences between the ages of 13 and 35. (FAC, ¶ 10.) The videos depict scholars, sources, and other prominent speakers who often espouse viewpoints in the mainstream of conservative thought. (Ibid...
2019.10.25 Motion for Approval of PAGA Settlement 727
Location: Santa Clara
Judge: Walsh, Brian C
Hearing Date: 2019.10.25
Excerpt: ... in August 2015. (SAC, ¶ 7.) He was employed by defendants until August 2017. (Ibid.) Plaintiff alleges that he and other employees received wage statements that failed “to identify the correct rates of pay and number of hours worked for incentive overtime wages, … including but not limited to Reg Comm OT and Spiffs OT wage payments.” (Id. at ¶ 16.) Based on these allegations, plaintiff asserts a single claim under PAGA. He dismissed the ...
2019.10.24 Motion to Quash 353
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.10.24
Excerpt: ...vid Orozco (“Estate”), Matilde Orozco (“Matilde”), Natalie Orozco (“Natalie”), Andrew Orozco (“Andrew”), and Thomas Maduena (“Maduena”) (collectively, “Plaintiffs”) filed a complaint against defendants Sunbelt and Avina (collectively, “Defendants”) asserting causes of action for negligence and survival action— wrongful death. On May 31, 2019, Estate, Matilde and Maduena served subpoenas on Verizon and AT&T, Sunbelt's...
2019.10.24 Motion to Compel Responses, for Monetary Sanctions 275
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2019.10.24
Excerpt: ...ting allegations of abuse and knowingly presented false reports of abuse to local and state authorities. Kamarei claims Bijan acted out of anger and jealousy because he was dating Bijan's ex‐wife, Tannaz Dastmalchi (“Tannaz”). In the cross‐complaint, Kamarei asserts causes of action against Bijan for: (1) falsely reporting child abuse; (2) abuse of process; (3) intentional infliction of emotional distress; (4) negligent infliction of emot...
2019.10.24 Motion to Compel Further Responses, for Monetary Sanctions 657
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2019.10.24
Excerpt: ...�PRI”) in May 2015. (FAC, ¶ 1.) PRI was a holding company formed for the sole purpose of acquiring Platinum. (Id. at ¶ 6.) Following the purchase, PRI merged into Platinum with each share converted accordingly. (Ibid.) As such, Plaintiff/Cross‐Defendant is PRI's successor in interest. (Ibid.) Despite the requirement to disclose material information including Platinum's liabilities during the sale process, Stephenson failed to disclose that ...
2019.10.24 Motion to Compel Further Responses 790
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2019.10.24
Excerpt: ...ed an express warranty which covers the engine and transmission. (Id. at ¶ 2.) During the warranty period, the Subject Vehicle contained or developed defects which substantially impair the use, value, or safety of the Subject Vehicle. (Id. at ¶ 3.) Defendant Kia knew since 2009, if not earlier, that the 2011‐2019 Kia Optima, 2011‐ 2019 Kia Sportage, 2012‐2019 Kia Sorento, and other vehicles equipped with a 2.0 or 2.4L engine contained one...
2019.10.24 Motion for Summary Judgment, Adjudication 190 (2)
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2019.10.24
Excerpt: ...l Background Plaintiff Mike Payne & Associates, Inc. (“MPA”) specializes in terrazzo and stone installation, and is an industry leader in ceramic and mosaic tile related work and materials, including polished concrete floors, cementitious overlays, corrective grinding and epoxy flooring for commercial, retail, governmental, and residential facilities. (First Amended Complaint (“FAC”), ¶1.) In connection with the construction of defendant...
2019.10.24 Motion for Summary Judgment 998
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2019.10.24
Excerpt: ...Perez [collectively, “Defendants”] at No. 1.) Plaintiff Melody brought a claim against Defendants with the company that insured the vehicle driven by defendant Alex, Progressive Casualty Insurance Company (“Progressive”). (See Defendants' Sep. Stmt. at No. 2.) The case settled for $15,000 which constitutes the limits of the Progressive insurance policy. (Id. at No. 5.) Plaintiffs Melody and her husband, Dennis Borch‐Jensen (“Dennis”...
2019.10.24 Motion for Protective Order 088
Location: Santa Clara
Judge: Pierce, Mark
Hearing Date: 2019.10.24
Excerpt: ...t”), three of its administrative staff members (“Employees”), and a former teacher (“Teacher”) for damages arising from Teacher's sexual abuse of Jane Doe at one of District's schools. According to the operative first amended complaint (“FAC”), Teacher repeatedly sexually abused Plaintiff over a three year period at her middle school. (FAC, ¶ 1.) Prior to this abuse, District and Employees ignored red flags regarding Teacher's beha...
2019.10.24 Demurrer 500
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2019.10.24
Excerpt: ...ll as the seventh causes of action in Plaintiff's complaint, giving Plaintiff 20 days to file an amended pleading. The parties now dispute the sufficiency of Plaintiff's first amended complaint (“FAC”). According to the allegations in the FAC, in January 2018, Plaintiff called Defendant to verify the patient's health benefits, including the rate of reimbursement for medical services provided by an out‐of‐network provider. (FAC, ¶¶ 25–...
2019.10.22 Demurrer, Motion to Strike 151
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2019.10.22
Excerpt: ...cisco Pizza, Inc. (“San Francisco Pizza”) (collectively, “Plaintiffs”). I. Background A. Factual This action arises from a failed attempt to open a restaurant in a commercial condominium complex. According to the allegations of the TAC, Plaintiffs purchased a commercial condominium unit (“Unit 9015” or the “Unit”) in the Vietnam Town shopping center in San Jose with designs on operating a pizza restaurant. (TAC, ¶¶ 1, 12‐15, 1...
2019.10.22 Demurrer 171
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2019.10.22
Excerpt: ...plaint, ¶16.) The Foundation is a tax exempt entity that receives State, Federal, charitable, and other funds earmarked to operate the MetroEd High School, Adult Education program, and its Career Technical Education (“CTE”) programs. (Complaint, ¶¶14 and 17.) Plaintiff Adams made disclosures of District's misuse of Federal Perkins and State Pathway practices, asbestos and other contamination. (Complaint, ¶22.) Plaintiff Adams was construc...
2019.10.22 Demurrer 263
Location: Santa Clara
Judge: Pierce, Mark
Hearing Date: 2019.10.22
Excerpt: ...es of action: 1) Breach of Contract (by Headstart against Uesugi); 2) Breach of Contract (by T and C Supplies against Uesugi), and 3) Common Count—Goods and Services Rendered. Plaintiffs' First Amended Complaint (“FAC”) filed January 9, 2019 added a defendant and two more claims for a total of five causes of action: 1) Breach of Contract, alleged by Plaintiff Headstart Nursery against Uesugi only; 2) Breach of Contract, alleged by Plaintiff...
2019.10.22 Demurrer 422
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2019.10.22
Excerpt: ...g the superior design, engineering, and road worthiness of the Vehicle. (SAC, ¶12.) In November 2013, the Vehicle, while driven by plaintiff Miller, suddenly and without warning, switched into the neutral gear position. (SAC, ¶13.) During the course of vehicle repairs, plaintiff Miller learned that the problem he experienced was related to a defect in the Vehicle's driver controller module which caused the transfer case to switch into the neutr...
2019.10.22 Motion to Compel Further Responses 214
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.10.22
Excerpt: ...rty in Morgan Hill. (Complaint, ¶ 1.) The Chellinos and C&C own an adjacent property where they store equipment for their landscaping business and perform work including grading and drainage. (Id. at ¶ 3.) C&C negligently performed grading and construction on the property and at a nearby creek without permission, creating an unsafe floodwater hazard. (Id. at ¶ 8.) As a result, the creek drained toward and into Plaintiff's property and residenc...
2019.10.22 Motion for Summary Judgment 368
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.10.22
Excerpt: ...and a detached three car garage for $270,000. (See SAC, ¶¶ 3, 19‐20.) On May 8, 2018, Defendant breached the contract by unilaterally voiding the contract and demanding that Plaintiff accept a new contract with different and unconscionable terms. (See SAC, ¶ 21.) Defendant refused to provide any payment despite completion of the work performed. (See SAC, ¶¶ 22‐23.) Plaintiff asserts that he has been damaged in excess of $135,000. (See SA...
2019.10.22 Motion for Summary Judgment, Adjudication 868
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2019.10.22
Excerpt: ...Kent Wang, Kathleen Wang, Xiao Rong Zhou, Ruo (Laura) Li, Zhengmao Zhu, LXRZ, Inc., Firetide, Inc. (“Firetide”), George Zhu (“Zhu”), Xin Liu (“Liu”), and Da Yong Guan (“Guan”) (collectively “Defendants”). As alleged in the Fourth Amended Complaint (“4AC”), Ampro and Consolitech are circuit board assembly and manufacturing companies owned by Elliot Wang (“Wang”) and located in Fremont, CA. (4AC, ¶¶ 1‐2, 23.) As Wang...
2019.10.22 Motion to Compel Further Responses 477
Location: Santa Clara
Judge: Pierce, Mark
Hearing Date: 2019.10.22
Excerpt: ...ual and Procedural Background In this consolidated action, various plaintiffs have filed complaints regarding damage allegedly caused by subterranean tree roots and sewer depressions/sags. The consolidated action includes the following cases: (1) Hector Rivera, et al. v. City of Sunnyvale, et al. (Santa Clara County Superior Court, Case No. 2013‐1‐CV0240935) (“Rivera Action”) (2) Casa De Amigos Investments Ltd. v. City of Sunnyvale (Santa...
2019.10.22 Motion to Compel Further Responses, for Monetary Sanctions 462
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2019.10.22
Excerpt: ...rking for HTI as Chief Financial Officer and Secretary and served on HTI's board of directors. (Complaint, ¶13.) Plaintiff Li owns 22,000 shares of defendant HTI. (Complaint, ¶14.) From 2000 to 2018, plaintiff Li worked for defendant HTI and frequently traveled to China on behalf of defendant HTI. (Complaint, ¶15.) Other than the first two years, plaintiff Li was never paid a salary for his work for defendant HTI. (Id.) During the time plainti...
2019.10.18 Motion to Approve PAGA Settlement 046
Location: Santa Clara
Judge: Kuhnle, Thomas E
Hearing Date: 2019.10.18
Excerpt: ... I. INTRODUCTION This is a case for recovery of penalties under the California Labor Code Private Attorneys General Act of 2004 (“PAGA”). The Complaint, filed on February 7, 2018, sets forth the following causes of action: (1) PAGA Penalties for Failure to Pay Wages Owed; (2) PAGA Penalties for Failure to Provide Meal Periods; (3) PAGA Penalties for Waiting Time Penalties; and (4) PAGA Penalties for Itemized Wage Statement and Recordkeeping V...
2019.10.18 Motion for Preliminary Approval of Settlement 860
Location: Santa Clara
Judge: Walsh, Brian C
Hearing Date: 2019.10.18
Excerpt: ...iled to pay all wages due to employees due to illegal time rounding; failed to pay overtime for all overtime hours worked; failed to pay 7th‐day overtime; violated Labor Code section 552's prohibition on over six consecutive working days per week; failed to provide meal and rest periods; derivatively and independently failed to provide accurate wage statements; and are derivatively liable for penalties pursuant to Labor Code section 203, the Pr...
2019.10.18 Motion for Preliminary Approval of Settlement 473
Location: Santa Clara
Judge: Walsh, Brian C
Hearing Date: 2019.10.18
Excerpt: ...es and costs. I. Factual and Procedural Background As alleged in the operative complaint in the lead action (the First Amended Complaint or “FAC”), defendant Island Hospitality Management, Inc. provided hotel management services to hotels throughout California until December of 2014, when it converted to Island Hospitality Management, LLC. (FAC, ¶¶ 7‐8.) Among the hotels to which defendants have provided services is the Residence Inn by M...
2019.10.18 Motion for Final Approval of Settlement, for Attorney Fees 989
Location: Santa Clara
Judge: Walsh, Brian C
Hearing Date: 2019.10.18
Excerpt: ...aintiff Fernanda Rocha Hawkins's motion for final approval of the settlement and for approval of her attorney fees, costs, and service award. Plaintiff's motion is unopposed. I. Legal Standards for Approving a Class Action Settlement Generally, “questions whether a settlement was fair and reasonable, whether notice to the class was adequate, whether certification of the class was proper, and whether the attorney fee award was proper are matters...
2019.10.18 Motion for Approval of PAGA Settlement 901
Location: Santa Clara
Judge: Kuhnle, Thomas E
Hearing Date: 2019.10.18
Excerpt: ...s is a class action for recovery of penalties under the California Labor Code Private Attorneys General Act of 2004 (“PAGA”). Plaintiff Eva Sharp (“Plaintiff”) worked as a cashier for defendant Safeway, Inc. (“Defendant”) in California. (Complaint, ¶¶ 3‐4.) Plaintiff alleges Defendant failed to provide Plaintiff and the other putative class members with seats. (Complaint, ¶ 17.) The Complaint, filed on June 13, 2011, sets forth a...
2019.10.17 Motion to Quash Amended Summons 029
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.10.17
Excerpt: ...a, Washington. (TAC, ¶ 17.) Plaintiff and Husband purchased property in Newport, Washington and Banner issued home equity lines of credit (“HELOC”), secured by the property. (Id. at ¶ ¶177, 179, 180.) The loans was sought by Husband, who caused a third person to fraudulently notarize the bank documents. (Id. at ¶ ¶ 179, 181.) The lines of credit exceeded the value of the property, and Plaintiff was unaware of their existence. (Id. at ¶�...

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