Excerpt: ...��FAC”) filed by Plaintiff. I. Background A. Factual According to allegations in the FAC, Plaintiff, who is currently 34 years old, was a student at Jeanne Meadows Elementary School (“Jeanne Meadows”) located in Santa Clara County. (FAC, ¶¶ 4, 11.) Jeanne Meadows was an agent of Def endant, a public entity and school district. (FAC, ¶¶ 17 -18.) Defendant employed Dikran Missak Daderian (“Daderian,”) a then Jeanne Meadows substitute...

Excerpt: ... allegat ions of the operative complaint (“Complaint”), Plaintiff was employed by Defendant as a janitor, an hourly -paid, non -exempt position, from approximately March 2023 through June 2023. (Complaint, ¶ 17.) She alleges that Defendant committed various Labor C ode violations, including: requiring Plaintiff and the class members to work off -the -clock without compensation; failing to properly pay minimum wages, straight time/regular rat...

Excerpt: ... (“FPC”) enter ed a written subcontract agreement (“Subcontract”) in which Plaintiff agreed to provide construction labor, materials, and services relating to construction of Silvery Towers located at 188 W. St. James Street in San Jose including, but not limited to, furnishing and installing structural steel and miscellaneous metal work (“Project”). (First Amended Complaint (“FAC”), ¶¶10 and 18.) FPC agreed to pay Plaintiff the...

Excerpt: ...Beau for the purchase of renewa ble energy generated by a solar photovoltaic electricity generating facility (“the Facility”) constructed, owned, and operated by BigBeau (“the Project”). (Complaint (“Compl.”), ¶¶ 1, 19.) Plaintiffs negotiated with EDF Renewable Development (a parent com pany of BigBeau) regarding the terms and conditions of the Project. (Compl., ¶ 18.) On October 25, 2018, Defendant executed renewable energy purcha...

Excerpt: ...ool year, defendant K ip Glazer was MVHS's principal. (Complaint, ¶ 6.) For the fifth issue of that school year's edition of The Oracle, the students chose to write, edit, and publish an in -depth article about a culture of sexual harassment at MVHS (the “Article”). (Complaint , ¶ 12.) On March 24, 2023, MVHS Assistant Principal John Robell called Gomez and expressed concern regarding a student who might be named in the Article as a serial...

Excerpt: ...remiums, and failed to provide codecomplaint wage statements, among other Labor Code violations. Now before the Court is Plaintiff's motion for final approval of settlement, which is unopposed. As discussed below, the Court GRANTS Plaintiff's motion. I. BACKGROUND Pla intiff was employed as a general laborer by Defendants, a non -exempt, hourly position, from December 28, 2018 through March 9, 2021. He initiated this action with the filing of t...

Excerpt: ...ten warranty contract with GM. Escovar also alleges that the vehicle suffered from transmission, suspension, and electrical defects. Escovar filed her original complaint on April 11, 2023. She filed the operative first amended complaint (“FAC”) on October 11, 2023. The FAC s tates five causes of action: (1) Violation of Civil Code section 1793.2, subdivision (d); (2) Violation of Civil Code section 1793.2, subdivision (b); (3) Violation o...

Excerpt: ...perty (now along with he r husband).8 (Complaint, ¶ 4.) Plaintiff contends he owns the remaining 50% interest in the Property, and Defendant asserts that he owns the same 50% interest. (Complaint, ¶ 3.) Sometime prior to 2006, Plaintiff purchased the Property for $300,000. ( Complaint, ¶ 9.) On January 6, 2006, Plaintiff Trung agreed to a family transfer of the Property to his sister Trinh and brother, Defendant Linh, as joint tenants. (Compla...

Excerpt: ... for a one -y ear loan of $200,000.00 by mortgaging his property located at 3005 Silver Creek Road, Unit 126, San Jose (“Property”). Because the value of the Property was greater than the loan amount, Mr. Chuen recommended the loan to Plaintiff, and upon her agreement, he was hired to handle the arrangement on her behalf. (Complaint, ¶ 7.) Mr. Chuen and Mr. Vuong agreed to an 8% annual interest rate, which translated to a monthly interest pa...

Excerpt: ...iselle, as well as against Anjelene Manzanares (“Anjelene”), Randy Manzanares (“Randy”), KSS Investment, LLC, Essex Property Trust, Inc., Essex Property Corp. (collectively, “Defendants”), and Does 1 -100. The complaint alleges that Anjelene and/or Randy own the car that Gis elle was driving. (Complaint, ¶ 15.) The complaint asserts the following causes of action: 1) Motor Vehicle Negligence (against Giselle); 2) Negligent Entrustmen...

Excerpt: ...ssed below, the Court SU STAINS the demurrer as to the first, fifth and sixth causes of action WITH 20 DAYS' LEAVE TO AMEND. The Court OVERRULES the demurrer as to the Complaint and remaining claims asserted therein. I. BACKGROUND In 2014, Messrs. Rautner and Pollutro co -founded SDSE Networks, LLC (“SDSE”) and were its sole owners and managing partners. SDSE is in the business of securing electronic communications and data, and represents ...

Excerpt: ... matter and personal jurisdi ction over the action. (CCP § 418.10(a).) Should the court find that it is “in the interest of substantial justice” that an action filed in California should be heard elsewhere, it may stay or dismiss the action. (CCP § 410.30(a).)1 The defendant bears the burden of proof on a motion for forum non conveniens. (Stangvik v. Shiley Inc. (1991) 54 Cal.3d 744, 751 (“Stangvik”.) The adjudication of the motion is...

Excerpt: ...g his motorcycle on Air port Boulevard in San Jose, California. (Complaint, pp. 5- 6.) Specifically, while attempting to avoid a vehicular collision, Plaintiff struck a shuttle bus, partially severing his finger. (Complaint, p. 5.) During the accident, the condition of the subject road was allegedly “slick and dangerous,” rendering it unsafe. (Complaint, p. 6.) Plaintiff was subsequently transported to Santa Clara Valley Medical Center (“...

Excerpt: ...ut off while in use, defects which cause the screens to lag, and defects which cause the screens to reboot while driving.” (Complaint, ¶ 7.) The complaint, filed on October 19, 2023, states twelve causes of action: (1) Breach of the Implied Warranty of Merchantability (Civ. C ode, § 1794); (2) Breach of the Implied Warranty of Fitness (Civ. Code, § 1794); (3) Breach of Express Warranty (Civ. Code, § 1794); (4) Failure to Promptly Repurchas...

Excerpt: ...rcle in San Jose (the “Property ”). (TAC, p. 2, ¶ 4.1) Plaintiff and h er son moved into the Prop erty i n Dec emb er 2019. (TAC, p. 3, ¶ 8.2) The monthly rental expense was $3,060. (TAC, p. 3, ¶ 9.) From the outset, Plaintiff encountered severe issues that disrupted her ability to live and reside there peacefully. (TAC, p. 3, ¶ 10.) The rental unit had unsanitary conditions and an infestation of rodents. (Ibid.) The power outlets in the ...

Excerpt: ...o Alto Police Depa rtment (“PAPD”), assigned to various divisions within PAPD. (Third Amended Complaint (“TAC”), ¶¶1 – 6 and 18.) Beginning in or around June 2020, defendant City of Palo Alto (“City”) officials sought out, encouraged, and paid artists to paint sixteen letter s on defendant City property that spelled out “Black Lives Matter” (“Mural”). (TAC, ¶¶19 – 20.) City manager, Ed Shikada, admits “the creation o...

Excerpt: ...efore the initial hearing date o f 4/16/2024. Unless otherwise provided by law, all moving papers shall be served and filed at least 16 court days before the hearing. (Cal. Code Civ. Proc. (“CCP”) § 1005(b).) A “court day” for purposes of CCP section 1005 is any day where the court is no t closed due to a judicial holiday. (CCP § 133, 134, Cal. Gov. Code § 6701.) Here, Plaintiff electronically served Defendant with Motion #1 on 3/28/2...

Excerpt: ...iff therefore did not have at the time of the initial deposition. Plaintiff also asserts that it needs to ask Defendant's PMQ about the development of Cloudknox's technology —topics 5 -9, 11 and 12. Plaintiff's argument for why it did not ask questions on topics 5 -9 and 11 -12 ea rlier is because two of the witnesses it seeks to ask about, though represented by Defendant's counsel, only produced a few documents such that Plaintiff needs to get...

Excerpt: ...plied's allegations of theft. For example, Interrogatory No. 49 asks, “Identify the number of part number 0010 -56201 YOU have manufactured since 2013.” As there are apparently 34 individual parts at issue between the parties, the remaining 33 interrogatories request the same i nformation about additional part numbers. CAET argues that this information is needed in order to defend against Applied's allegation that CAET either knew or should h...

Excerpt: ...omplaint, ¶ 12 .) James and Ann maintained and periodically revised a revocable living trust since approximately 1981. The last revision was in August of 2018, leaving equal shares to their children. (“2018 Trust”). (Id., ¶ 15.) In preparing the 2018 Trust, James learned Ann had been gifting large sums of money to their daughter and others without his knowledge and consent. James confronted Anne about these gifts and asked her to cease doin...

Excerpt: ...es. Acco rding to the SAC, Plaintiff went to the Burke Williams day spa in San Jose for her reserved facial on July 8th. (SAC, ¶ 13.) Using the women's locker room, Plaintiff removed all her clothing and put on a robe that was provided in the locker. (SAC, ¶ 15.) W hile waiting for her facial, Plaintiff confided with others that she had had a few alcoholic drinks at lunch and was ready to relax. (SAC, ¶ 16.) Once in the designated room, Plain...

Excerpt: ... a request for entr y of default the next day, on February 6, but the filing was rejected by the clerk's office because it listed the wrong filing date for the complaint and was incomplete. The Kubons tried again on February 13; on the same day, Guancione filed a verified an swer. The clerk's office allowed the answer to be filed and rejected the request for entry of default on the ground that an answer had been filed. The Kubons tried yet ...

Excerpt: ... $2,206.24), plus an additional $240 in costs and $1200 in fees related to this motion, for a total of $3,464.24. (Decl. of Nahal). Plaintiff objects arguing (1) Defendant is not the prevailing party as the case is ongoing and that the case was dismissed here on a proce dural or jurisdictional ground, not on a substantive basis; and (2) in any event attorney fees under CCP 1717.5 are not allowed at this point since it has not yet been determined ...

Excerpt: ... and … unlawful pr actices of defendant Hefei Reliance Memory Ltd. (“Reliance Memory PRC”), Reliance Memory Inc. (“Reliance Memory US”), Hefei Ruibo Enterprise Consulting Management LP (“HRECM”) (collectively, Reliance Memory PRC, Reliance Memory US, and HRECM are hereafter referred to as the “Company”), and Zhichao Lu (“Lu”) (collectively, defendants Company and Lu are hereafter referred to as “Defendants”).” (FAC, ¶...

Excerpt: ...erminated on June 20, 2020. (First Amended Complaint (“FAC,”) ¶ 15.) On June 19, 2019, while performing his work -related duties, including cutting tile, Plaintiff injured his left thumb. (FAC, ¶ 23.) The next day, Plaintiff informed Defendant about his work- related injury. (Ibid.) Defendant's owner told Plaintiff that he could not report to work with his injuries. (Ibid.) A year later, on June 20, 2020, Defendant informed Plaintiff that h...