Excerpt: ...er the name “ Findora.” In Case No. 20CV372622 (“Abittan”), Temujin alleges that Defendants and CrossComplainants Ariel Abittan, Benjamin Fisch, and Charles Lu conspired to: (a) assert a false claim of ownership of its business; (b) misappropriate its trade secrets; (c) usurp and interfere with control over its assets, such as social media accounts; and (d) interfere with its relationships with investors and business partners. Mr. Abittan...

Excerpt: ...ng trial date of July 1, 2024, the court GRANTS the motion. As an initial matter, the court agrees with Plaintiff that this proposed amendment comes extraordinarily late in the case, long after the original trial dates of May 30, 2023 and August 14, 2023. At the same time, the co urt is unmoved by Plaintiff's contention that this motion is an effort to “sandbag” him. Having reviewed the file in this case, including Judge Kuhnle's November 3,...

Excerpt: ...um”). (Id.) While leaning a gainst a railing in the south end zone to take a photograph, the railing gave way. (Id.) The railing failed because it was not properly constructed, maintained, inspected, and secured. (Id.) Plaintiff Benson fell several feet with her back striking a concr ete border at field level below. (Id.) Plaintiff Benson required transportation by paramedics to a local trauma center for serious low back injuries that persist ...

Excerpt: ... below, the Court SU STAINS the demurrer WITH LEAVE TO AMEND and deems the motion to strike MOOT. I. BACKGROUND According to the allegations of the operative FAC, Ms. Lazard worked as a per diem clinical nurse at O'Connor Hospital in San Jose from March 2019 to September 2022. (FAC, ¶ 6.) Plaintiff alleges that County's engages in practices that result in her and class members not being compensated for all work performed, including: paying emplo...

Excerpt: ...ing Systems Inc.2 (“ATS”) (collectively, “Defendants”). According to the first amended complaint (“FAC”), BioDot designs and manufactures precision liquid dispensing and material -handling systems used by corporate customers to manufacture diagnostic tests. (FAC at ¶ 3.) ATS is a multi -national conglomerate that builds automation systems for many industries, including medical devices, pharmaceuticals, telecommunications, semiconduc...

Excerpt: ...papers and the com plaint, the court rules as follows: 1. Fraud Causes of Action Although it is not entirely clear, it appears that the core allegations of Castro's complaint are fraud allegations, as set forth in the fifth cause of action (“violation of Civil Code § 1572”), sixth cause of action (“fraud”), and eighth cause of action (“intentional misrepresentation”). Castro contends that he defaulted on a home loan that was procure...

Excerpt: ..., among oth er Labor Code violations. Before the Court is Plaintiff's motion for approval of PAGA settlement, which is unopposed. As discussed below, the Court GRANTS Plaintiff's motion. I. BACKGROUND According to the allegations of the operative First Amended Compla int (“FAC”), Plaintiff was employed by Defendant as a client care coordinator, a non -exempt, hourly -paid position, from July 2020 to May 16, 2022. (FAC, ¶ 11.) Plaintiff alleg...

Excerpt: ...s, among other Labor Code violations. Before the Court is Plaintiffs' motion for approval of PAGA settlement, which is unopposed. As discussed below, the Court GRANTS Plaintiffs' motion. I. BACKGROUND According to the allegations of the operative First Amended Complain t (“FAC”), Ms. Quijada was employed by Defendant from February 22, 2021 to April 19, 2021 as an Assistant Manager, a non -exempt, hourly position, while Mr. Azar was employed i...

Excerpt: ...tion 998. On October 18, 2023, Defendant accepted the offers. Upon discovery of the acceptance, attorney Dolan, lead trial counsel for Plaintiffs in the action, spoke with attorney Kirby and staff, and Plaintiffs, and learned that Plaintiffs had not given informed consent to atto rney Kirby to submit the 998 offers, and hence, attorney Kirby had no authority to submit the 998 offers to Defendant. On October 19, 2023, Attorney Dolan notified atto...

Excerpt: ...area of Santa Clara County. While driving, a cow escaped from Defendants' pasture and wandered onto the road and into the path of Plaintiff's travel. The cow caused a violent collision and resulted in injuries and damages to Plaintiff. On October 27, 2023, Plaintiff filed an amend ed Judicial Form Complaint against Defendants, asserting the following three causes of action: 1) General Negligence; 2) Strict Liability; and 3) Negligence Per Se. On...

Excerpt: ...hiring, supervision, and retention of employee, and punitive damages. On September 8, 2023, Defendants filed demurrer to the complaint and motion to strike portions of the complaint. Plaintiff did not file opposition. On January 16, 2024, the demurrer was sustained with 20 days l eave to amend, and the motion to strike was granted. On March 5, 2024, Plaintiff filed the instant motion and application for leave to file first amended complaint ...

Excerpt: ...ushrooms throughout North America with multiple large-scale farms located in California, committed various wage and hour violations. Before the Court is Plaintiffs' motion for preliminary approval of settlement, which is unopposed. As discussed below, the Court GRANTS the mo tion. I. BACKGROUND Plaintiffs allege that Defendant's payroll, timekeeping, and wage and hour practices resulted in numerous Labor Code violations. More specifically, Plain...

Excerpt: ...act contract (based on Lerma's use of a credit card); (3) common count— money lent; (4) common count —money paid on request; (5) common count —open book account; and (6) common count — account stated. Attached to the complaint as Exhibit A is a copy of the Visa credit card agreeme nt upon which the first cause of action is based. (See Complaint, ¶ BC -1.) While the credit card agreement is not signed by either party, paragraph 1 states,...

Excerpt: ...ntiff has not filed r eply to opposition. Analysis Code of Civil Procedures section 473, subdivision (b) in pertinent part here, provides: “(b) The court may … relieve a party or his or her legal representatives from a judgment, dismissal, order or other proceeding taken agains t him or her through his or her mistake, inadvertence, surprise or excusable neglect. … the court shall , whenever an application for relief is made … is accompan...

Excerpt: ...t, ¶¶ 17-18, exh. A.) Paragraph 10 of the agreement states: 10. Arbitration. Any controversy or claim (except those regarding Inventions, Proprietary Information or intellectual property) arising out of or relating to this Agreement, or the breach thereof shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment on the award rendered by the arbitrator may be entered...

Excerpt: ...9, he entered into a warra nty contract with Defendant and purchased a defective 2019 Chevrolet Silverado 1500 (“Subject Vehicle”) that was manufactured by Defendant. (Complaint, ¶¶ 12, 14, 28 - 30.) In connection with this purchase, Plaintiff received an express written warranty prov iding that Defendants would repair the Vehicle in the event it developed a defect during the warranty period. (Id., ¶¶ 14, 16, 18 -19; Ex. 1.) Plaintiff als...

Excerpt: ...cifically, Plaintiffs request the production of sample class transaction data relevant to Plaintiffs' “Authorize Positive, Post Negative”1 (the “APPN Data”) claim against Stanford. (Plaintiffs' Motion to Compel Further Reponses (“MTC,”) p. 5.) Plaintiffs also seek monetary sa nctions. Stanford has opposed the motion and Plaintiffs have filed a reply. For the reasons discussed below, the Court DENIES Plaintiffs' motion to compel. Con...

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: ...vision (b) provides al ternative definitions of a “vexatious litigant”. The motion of Defendant seeks determination that Plaintiff is a vexatious litigant pursuant to subdivisions (b)(2)and b(2) of the section. Subdivision (b)(2) describes as a vexatious litigant a person who: “(2) After a litigation has been finally determined against the person, repeatedly relitigates or attempts to relitigate, in -propria persona, either (i) the validi...

Excerpt: ...o license Old DivX' s codec software. (Complaint, ¶ 1.) In 2013, Plaintiff and Old DivX allegedly amended the contract so Plaintiff could purchase a perpetual license to the Old DivX decoder software. (Id. at ¶ 2.) Plaintiff subsequently paid the perpetual license fee. ( Ibid.) Plaintiff alleges that it continued using, and reporting its use of, the perpetually licensed Old DivX software for the next eight years without any issues or disputes. ...

Excerpt: ...lleges causes of action for: (1) Failure to Reimburse Expenses Pursuant to Labor Code § 2802; (2) Violation of Business & Professions Code § 16600 and Labor Code § 432.5; (3) Violation of Business & Professions Code § 17200; (4) Penalties Pursuant to Labor Code §§ 2699, et seq. (“PAGA”). Now before the court is defendant loanDepot.com, LLC's (“Defendant”) motion to compel arbitration of plaintiff Betty Sha's (“Plaintiff”) indivi...

Excerpt: ..., Case No. 21CV 384527) (“First Action”); (2) Kathleen O'Brien v. Cerida Investment Corp., et al. (Santa Clara County Superior Court, Case No. 21CV384529) (“Second Action”). The Representative Action Complaint filed in the First Action on July 20, 2021, sets forth a sing le cause of action for Violation of the Private Attorneys General Act (Labor Code §§ 2698 et seq.). The Class Action Complaint filed in the Second Action on July 20, ...

Excerpt: ... and related st atutory penalties on behalf of all non -exempt registered nurses working at Regional Medical Center from October 22, 2019, to the present. The Class Action Complaint for Damages (“Complaint”), filed on October 23, 2020, sets forth causes of action for: (1) Failure to Provide Meal Periods or Compensation in Lieu Thereof [Cal. Lab. Code §§ 512, 226.7 and Wage Order 5 -2001]; (2) Failure to Provide Rest Periods or Compensation...

Excerpt: ...r Penalties Pursuant to Labor Code § 2699, et seq. for violations of Labor Code §§ 201, 202, 203, 226(a), 226.7, and 2802. Defendant moved to compel arbitration of Plaintiff's individual PAGA claim and dismiss Plaintiff's representative PAGA claim. Plaintiff opposed the motio n. On May 18, 2023, the court denied Defendant's motion to compel arbitration. Defendant appealed the court's order. Subsequently, the parties reached a settlement of the...

Excerpt: ...), alleging first cause of action f or negligence-unprofessional inadequate security, second cause of action for commercial premises liability and third cause of action for failure to warn of dangerous condition on business premises. According to the allegations of the FAC, on or about May 5 , 2018, security personnel of Restaurant witnessed attacks unfolding inside Restaurant's premises involving Decedent and an alleged assailant. Security pers...