Excerpt: ..., who was driving a Tesla. (FAC at ¶¶ 1, 9.) Charles was driving southbound on Ramona Street, approaching the intersection with East Meadow Drive, near a popular park. (FAC at ¶¶ 5 -7.) Lee was riding his eBike eastbound on East Meadow Drive approaching the same intersection. (FAC at ¶ 9.) Charle s ran a stop sign and accelerated through an intersection, through the bicycle lane, where he struck Lee, causing serious injuries. (FAC at ¶¶ 22...

Excerpt: ...cussed below, the Court GRANTS Plaintiff's motion. I. BACKGROUND According to the allegations of the operative First Amended Complaint (“FAC”), Plaintiff was employed by Defendant as an hourly -paid, non -exempt employee from approximately August 2019 to July 2020. (FAC , ¶ 8.) Plaintiff alleges that Defendant failed to: pay for all hours worked (including minimum wage, straight time and overtime wages); provide meal periods; authorize and p...

Excerpt: ...resentation, (9) n egligent misrepresentation, (10) concealment, and (11) intentional interference with contractual relations. Plaintiff alleged that she was employed as an attorney by Defendants Hefei Reliance Memory Ltd. (“Reliance Memory PRC”), Defendant Reliance Memory, Inc. (“Reliance Memory US”), and Hefei Ruibo Enterprise Consulting Management LLP (“Hefei Ruibo”) (collectively, “the Company”). (Complaint, ¶ 1.) She served ...

Excerpt: ...ungest daughter beca me a nurse. (See initial complaint, attachment BC -1.) On January 1, 2000, Defendant and her family immigrated to the United States, and on November 1, 2022, Defendant's youngest daughter became a gainfully employed nurse. (Id.) On December 1, 2022, Pla intiff contacted Defendant by phone and requested that Defendant repay the loan as agreed or, in the alternative, commence with installment payments of $3,000 per month. (Id.)...

Excerpt: ...Leland Stanford Junior University (“University”). (Second Amended Complaint (“SAC”), ¶1.) On or about January 15, 2020, Decedent received a package addressed to him at the TDX fraternity house on defendant University's campus. (SAC, ¶38.) The package contained a bottle of cou nterfeit Percocet that Decedent and defendants Cole Dill -De Sa (“De Sa”), William Mitchell (“Mitchell”), and Muhammad Khattak (“Khattak”) purchased fr...

Excerpt: ... fiduciary duty and constructive fraud causes of action. For the reasons that follow, the court denies the motion as to the fiduciary duty cause of action but grants the motion as to the constructive fraud cause of action with leave to amend. I. BACKGROUND According to the complaint, Warren Trumbly and his wife Linda Trumbly, along with other associates and family members, formed a company with the Kapurs called KAXT, LLC (“KAXT”), which �...

Excerpt: ... nurse. (See initial complaint, attachment BC -1.) On January 1, 2000, Defendant and her family immigrated to the United States, and on November 1, 2022, Defendant became a gainfully employed nurse. (Id.) On December 1, 2022, Plaintiff contacted Defendant by phone and requested that Defendant repay the loan as agreed or, in the alternative, commence with installment payments of $2,000 per month. (Id.) Despite a subsequent demand for repayment fro...

Excerpt: ... the notice to class members will be provided, the Court will GRANT Plaintiff's motion. I. BACKGROUND According to the allegations of the operative Complaint, Plaintiff was employed by Defendant as a construction worker from December 2019 to April 7, 2020, an hourly - pai d, non- exempt position. (Complaint, ¶ 7.) He alleges that Defendant failed to: provide timely off - duty meal breaks (and premiums when such breaks were not provided); reimbur...

Excerpt: ...llegedly disabled individual, began working for Hanson Inc. as a journeyman. (Complaint, ¶ 10.) Approximately two weeks later, Plaintiff sustained a work -related injury. (Complaint, ¶ 11.) Specifically, while at work, Plaintiff was hit by a heavy object, which rendered him unconscious “for a few seconds.” (Ibid.) Plaintiff was in pain because of the injury, and subsequently informed his foreman about the incident. (Complaint, ¶ 12.) Alth...

Excerpt: ...e (“Lee”) at th e approximate intersection of Lawrence Expressway and Lillick Drive in Santa Clara. (Complaint, ¶¶14 – 17.) The area where the incident occurred was owned, designed, planned, constructed, installed, inspected, operated, repaired, controlled, placed, and/or maintained by defendant County of Santa Clara (“County”), among others. On July 19, 2022, Plaintiff filed a complaint against defendants Lee and County, among other...

Excerpt: ... of Receiver; (2) Pr eliminary Injunction; (3) Breach of Written Contract; and (4) Breach of Written Warranty. Itria alleges that it entered into a “Receivables Sales Agreement” (“RSA”) in July 2023, under which it provided working capital for EPI's operations in exchange for a portion of EPI's accounts receivable. (See Complaint, ¶ 9.) Mohit and Archana Nagrath signed the RSA on behalf of EPI and each separately guaranteed EPI's perform...

Excerpt: ..., 2021, then -Valley Transportation Authority (“VTA”) employee Samuel Cassidy shot and killed nine coworkers at a VTA facility in San Jose. Many of the decedents' heirs and estates, as well as individuals who survived the shooting, have sued VTA, Santa Clara Count y (“the County”), and various security companies. Before the Court is Defendant Universal Protection Services, LP's (“Universal” or “Defendant”) motion to consolidate th...

Excerpt: ...ology Comp any, and Jennifer Stango (collectively, “Defendants”) respond that these subpoenas seek medical information that Stradtman herself has placed at issue in this case, given her cause of action for intentional infliction of emotional distress (“IIED”). In ad dition, Defendants argue that they have tried to obtain this information directly from Stradtman, but the records she has produced have been heavily redacted. The court agree...

Excerpt: ...ge and hour act ion defendants Stevens Creek Quarry, Inc. and Richard A. Voss (collectively, “Defendants”). On March 29, 2018, Shuff filed a First Amended Complaint, adding John Howland (“Howland”) as a plaintiff and potential class representative. Howland and Shuff were dismissed as plaintiffs on April 24, 2019 and November 1, 2019, respectively. On November 6, 2019, the Second Amended Complaint was filed, adding Christopher Bryan (“...

Excerpt: ...iper Networks (U S), Inc. (“Defendant”). On February 24, 2022, plaintiff Jamie Long (“Long”) brought an action against Defendant in the Northern District of California, Long v. Juniper Networks (US) Inc., Case No. 5:22 -cv -01158 -BLF, alleging wage and hour violations unde r the FLSA (the “Federal Lawsuit”). (Declaration of Jonathan Lebe (“Lebe Dec.”), ¶ 19.) On April 6, 2022, Long initiated the instant action by filing a Class...

Excerpt: ...vernite Express, Inc. (“Defendant”), filed on April 12, 2022, sets forth the following causes of action: (1) Failure to Pay Minimum Wages; (2) Failure to Reimburse Business Expenses; (3) Failure to Provide Accurate Itemized Wage Statements; (4) Failure to Pay All Wages Due U pon Separation of Employment; (5) Violation of Business and Professions Code §§ 17200[] et seq.; and (6) Enforcement of Labor Code, § 2698, et seq. (“PAGA”). The ...

Excerpt: ...ndant Eblock Co rporation (“Defendant”). On January 10, 2023, Plaintiff initiated this action by filing her Class Action Complaint. On January 25, 2024, Plaintiff filed a separate Representative Action Complaint for civil penalties pursuant to Labor Code, § 2699, et seq . (Private Attorneys General Act (“PAGA”), also in Santa Clara County Superior Court, Case No. 23CV410279. On March 14, 2023, the court entered an order on the parties'...

Excerpt: ...hilip Gabr iel, Adolfo Chavez, and Manuel Ramirez (collectively, “Plaintiffs”) filed the operative Third Amended Complaint (“TAC”) against defendants Service King, Inc. and Service King Paint & Body, LLC (collectively, “Defendants”). The TAC sets forth the following causes of action: (1) Minimum Wage Violations (Labor Code, §§ 1182.12, 1194, 1194.2, 1197); (2) Failure to Pay All Overtime Wages (Labor Code, §§ 204, 510, 558, 1194,...

Excerpt: ...d Miguel A. Med ina (collectively, “Defendants”). Plaintiff filed the operative complaint (“Complaint”) on January 10, 2023, setting forth the following causes of action: (1) Recovery of Unpaid Minimum Wages and Liquidated Damages – Labor Code §§ 1194, 1194.2; (2) Recove ry of Unpaid Overtime – Labor Code § 1194; (3) Failure to Provide Meal Periods of Compensation in Lieu thereof – Labor Code § 226.7; (4) Failure to Provide Res...

Excerpt: ...eptember 29, 2021, Pla intiff designs, manufactures, and sells electric cars, electric vehicle powertrain components, as well as scalable energy generation and storage products. (4AC, ¶ 36.) Plaintiff is a manufacturer of electric vehicles and is poised to enter the pickup tru ck market, with over 500,000 reservations for its highly anticipated Cybertruck. (Ibid.) Defendants Rivian Automotive, Inc. and Rivian Automotive, LLC (collectively, “Ri...

Excerpt: ...iolations. On Octo ber 3, 2023, Plaintiff commenced this action by filing a Class Action Complaint. On December 1, 2023, Plaintiff filed the operative First Amended Class and Representative Action Complaint (“FAC”), setting forth the following causes of action: (1) Unpaid W ages (Lab. Code, §§ 1182.12, 1197); (2) Unpaid Overtime (Lab. Code, §§ 510, 1198); (3) Inaccurate Itemized Wage Statements (Lab. Code, § 226, subd. (a); (4) Unfair ...

Excerpt: ...d into a written lease agreement with CFEP (“Agreement,”) and Edward Fields, a managing member of Westfield (“Fields,”) 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 Fi...

Excerpt: ...t Warranty Registr ation Form” (“Warranty”), attached as Exhibit B to Decl. of Scianna.1 Both sides agree that the Warranty contains a forum selection clause requiring legal disputes relating to warranties to be brought in Indiana. Under that provision, Defendants move to stay this action pursuant to § 410.30 which states that when a court “finds that in the interest of substantial justice an action should be heard in a forum outside th...

Excerpt: ...hich is an inform ation technology services company headquartered in San Jose. (FAC, ¶ 10.) Plaintiff Jai Kumar was hired in November 2013, and he held various positions in the company over the next six years until he was terminated in December 2019. (FAC, ¶¶ 10, 11.) Plaintiff alleges Jade Global wrongfully demanded that he not discuss concerns about his compensation with other employees on the grounds that doing so would be in violation of c...

Excerpt: ...2019, defendant 28th St Villa Apts, LLC (“Buyer”) and defendant Green Villa Apartments, LP (“Seller”) entered into an agreement for the sale of real property located at 1319 Tripp Avenue in San Jose (“Property”) from Seller to Buyer. (FAC, ¶¶9 – 10.) Between July 2019 and Nove mber 2019, plaintiff CTC received several deposits for a combined total of $300,000 from defendants Hui Jun Li (“Li”), Roygbiv Real Estate Development L...