Excerpt: ...he common areas. A ccording to the allegations of the verified complaint, Plaintiffs are the record owners and residents of the condominium unit located at 175 W. Saint James St., Unit 105, San Jose, California (“Property”). (Complaint, ¶ 1.) The Property is part of a common interest development (“CID”) managed by the Association in accordance with its Governing Documents. (Complaint, ¶¶ 2 -3.) Defendant Christopher Gunnucio is the Pr...

Excerpt: .... 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 01 May 2024. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo --- Order On Motion Of Defe ndants To Compel Arbitration. I. Statement of Facts. Plaintiff filed this complaint on 18 August 2023.5 the complaint states a cause of action for dependent adult abuse [Welfare & Institutio...

Excerpt: ...ty op posing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 3 May 2024. Please specify the issue to be contested when calling the Court and Counsel. Order On Defendant S1 51, LLC's Motion To Strike I . Statement of Facts This is a landlord -tenant matter. Plaintiffs Linda Thy and her minor child (collectively, “Plaintiffs”) lived in a rental property located at 500 Race Street, San...

Excerpt: ...legations of the 5AC, Wilson was employed by SoundHound from November 29, 2011, to August 30, 2019. (5AC, ¶ 19.) SoundHound is a digital voice application company that enables humans to speak naturally to their smartphones and other devices. (5AC, ¶ 19.) Wilson was initially h ired as a Principal Engineer and later he was promoted to Architect. (5AC, ¶ 20.) He created a significant amount of SoundHound's intellectual property, and he was an i...

Excerpt: ...FAC, ¶ 10.) Thirthala and Garlapati are the owners of the Property. (FAC, ¶ 6.) Mr. Medina is over the age of 80. (Id. at ¶ 11.) On April 8, 2022, Mr. Medina received notice from the senior regional manager of BAP, which stated that the owners of the building intended to relocate to the area an d move into Plaintiffs' unit. (FAC, ¶ 12.) The Property owners, and manager, had knowledge that the owners would not actually move into Plaintiffs' un...

Excerpt: ...'s motion for leave to amend and (2) Defendant's motion to compel Plaintiff to arbitrate his individual PAGA claim and stay the representative PAGA claim pending the outcome of the arbitration. Both motions are opposed. As discussed below, the Court GRANTS IN PART and DENI ES IN PART the motion for leave to amend and GRANTS the motion to compel arbitration and issue a stay. I. BACKGROUND Plaintiff was employed as a sales representative for Defend...

Excerpt: ... Plaintiff M argalara Safi sued her employer Defendants Fogo de Chao Churrascaria (San Jose), LLC; Fogo de Chao, Inc. ("FDC"); and Fogo de Chao Churrascaria (California), LLC (collectively, “Defendants”), for various wage and hour violations. Her complaint asserts caus es of action for: (1) failure to provide meal periods; (2) failure to authorize and permit rest periods; (3) failure to pay minimum wages; (4) failure to pay overtime ...

Excerpt: ...fs do not di spute that they signed the transfer agreement knowing what the agreement was for or that the transfer agreement incorporates all the terms and conditions of the customer agreement. Nor do Plaintiffs dispute that the customer agreement they assumed includes this arbitration clause: Most customer concerns can be resolved quickly and amicably by calling Our customer service department at (877) 404 -4129. If Our customer service departme...

Excerpt: ... 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 01 May 2024. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo--- Orders On Discovery Motions of Defendants. Orders On Discovery Motions of Defendants. 02 May 2024 Page 1 of 6 I. Statement of Facts. Plaintiff filed this complaint on 22 of August 2022.4 The complaint alleges causes ...

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: ...'s activiti es relative to particular property. In this lawsuit, Plaintiff seeks a declaration that he is entitled to these distributions and preliminary relief preventing transfer of the property. Plaintiff recorded a lis pendens on the property, which defendant seek s to have expunged. The parties hotly dispute virtually every aspect of Plaintiff's allegations, including how Plaintiff came to be involved in the project, whether Plaintiff is eve...

Excerpt: ...ase agreement with CFEP (“Agreeme nt,”) and Edward Fields, a managing member of Westfield (“Fields” or “Defendant,”) 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 F...

Excerpt: ...s entered into a written lease agreement for a commercial space located in Angeles City, Philippines and owned by Defendant (“Property”). (Complaint ¶ 1) Both parties are residents in the State of California and the lease agreement was signed in California. The lea se agreement contains a choice -of -law provision stating “[t]his agreement is to be governed under the laws located in the State or Country where the premises is located.” (C...

Excerpt: ...Company's (“Evanston ”) (collectively with Underwriters, the “18/19 Tower Insurers”), Continental Casualty Company's (“Continental”), Allied World Specialty Insurance Company's (“Allied World”), and Endurance Risk Solutions Assurance Company's (“Endurance”) (collectively with Continental and Allied World, the “19/20 Tower Insurers”) alleged refusal to pay plaintiff Zoom Video Communications, Inc. (“Zoom”) money that is...

Excerpt: ...endant Satellite Healthcare, Inc. (“Defendant”) on September 30, 2021. Soliman then filed a First Amended Class Action Complaint (“FAC”) on January 25, 2022, which set forth causes of action for: (1) Failure to Pay Lawful Wages; (2) Failure to Provide Lawful Meal Periods or Compensation in Lieu Thereof; (3) Failure to Provide Lawful Rest Periods or Compensation in Lieu Thereof; (4) Failure to Reimburse Employee Expenses; (5) Failure to P...

Excerpt: ... (collectively, “Plaintiffs”) filed a Complaint alleging causes of action for: (1) Failure to Pay Minimum Wage (Lab. Code § 1194 and IWC Wage Orders); (2) Failure to Pay Overtime (Lab. Code §§ 510, 1194); (3) Failure to Provide Authorized Meal Periods (Lab. Code §§ 226.7, 512, IWC Wage Orders); (4) Failure to Provide Authorized Rest Periods (Lab. Code §§ 226.7, 512, IWC Wage Orders); (5) Failure to Pay All Wages Upon Discharge (Lab. C...

Excerpt: ...rst Street, San 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 29 April 2024. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo --- Order on Motion of Defendant Peter Xu Zhong For Judgment on the Pleadings. I. Statement of Facts. Plaintiffs Chun Yu Lu and Ming Yi Lai (collectively, “Plaintiffs”) allege that on or about ...

Excerpt: ... County since 2008. (FAC, ¶ 20.) In May 2018, Plaintiff transitioned to the Sheriff's office as a Management Analyst, on December 17, 2018, she was promoted to Senior Management Analyst, and on January 28, 2019, she was promoted to Program Manager II. (FAC, ¶ 21 -22. ) Sheriff Laurie Smith was one of Plaintiff's supervisors. (FAC, ¶ 13.) In January 2020, the District Attorney investigated misconduct in the Sheriff's Department, which included ...

Excerpt: ...case on July 5, 2023; it filed the operative first amended complaint (“FAC”) on November 2, 2023. This case is preceded by three other cases between Lebar and Kim that were filed in 2022: two unlawful detainer actions that are now closed, as well as a civil action for damages by Kim against Lebar that is scheduled to go to trial on September 30, 2024. The parties both conducted dental businesses at 1240 Scott Boulevard, Santa Clara, Califo...

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 29 April 2024. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo --- Order On Cross -Defendant Niloufar Dehko rdi's Demurrer To Cross -Complainant South Valley Construction, Inc's First Amended Cross - Complaint. I. Statement of Facts. Complaint Defendants Jamielee Miller (sued as Jamielee C. ...

Excerpt: ...nc. filed an action to have a co nservator appointed over Lorraine. (See FAC, ¶ 11.) Plaintiff retained defendant Howard G. Frank dba The Law Office of Howard G. Frank (“Defendant”) to represent her as a beneficiary of the Korpontinos 1988 Revocable Trust Agreement (“Trust”) and the subtrusts —the Lorraine A. Korpontinos Survivor's Trust (“Survivor's Trust”), the Lorraine A. Korpontinos Marital Trust (“Marital Trust”), and th...

Excerpt: ...y o pposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 29 April 2024. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo --- Order on Motion of Plaintiff For Leave to File an Amended Complaint. I. Statement of Facts. Plaintiff filed this complaint on 28 September 20181 while representing himself in propria persona. Defendant answered the compla...

Excerpt: ...h First Street, San 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 29 April 2024. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo --- Order on Motion of Defendant/Cross -Complainant Albert Yeong For Leave to File First Amended Cross -Complaint. I. Statement of Facts. Plaintiff Giuliani Construction and Restoration, Inc. �...

Excerpt: ... statutory fee -shifting provision do es not indicate any restrictions on how the fee award is to be calculated, it is presumed that the Legislature intended courts to use the prevailing lodestar adjustment method. Pasternack v. McCullough, 65 Cal. App. 5th 1050, 1055 (2021). The method begins with calculation of the lodestar, i.e. the number of hours reasonably expended multiplied by the reasonable hourly rate. Id. The lodestar figure may then ...

Excerpt: ...ond amended complaint (“SA C”) on October 3, 2023, after the court overruled in part and sustained in part a demurrer to the first amended complaint. There are also cross -actions. Encore filed a cross - complaint against Hacker on June 9, 2023, stating causes of action for breach of fiduciary duty, conversion, common counts, and imposition of a constructive trust. Hacker brought a demurrer to this cross -complaint, which the court sustain...

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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...each defendant), third c ause of action for breach of contract, fourth cause of action for breach of covenant of good faith and fair dealing and fifth cause of action for specific performance. On June 23, 2023, Plaintiff's motions for summary judgment on the complaint and cross co mplaint were granted, and on November 7, 2023, judgment was entered in favor of Plaintiff. On January 8, 2024, Plaintiff filed the instant motion for attorney's fees...

Excerpt: ...er things, Stensrud made a significant capital contribution and loan to Plaintiff in exchange for 80% ownership of the company. (Complaint, ¶3.) Plaintiff corporation later prepared a written “Action by Unanimous Written Consent of the Board of Directors of Level 5 Security, Inc.,” to formally document actions taken at the May 15, 2022 organizational meeting. (Complaint, ¶7.) The Unanimous Written Consent adopted new bylaws, documented a $...

Excerpt: ...ff Martin's apartment. Plaintiff Martin's original complaint further alleged that defendant Emalee Ousley (“Ousley”) and defendant Ramirez (and/or agents, employees, co -conspirators) committed an assault and battery. Plaintiff Martin's original complaint also names as defendants the City of Sacramento (“Sacramento”), City of West Sacramento (“West Sacramento”), and Google LLC (“Google”). Without much in the way of facts, plaintif...

Excerpt: ... in a forum outside this state, the court shall stay or dismiss the action in whole or in part on any conditions that may be just. (CCP § 410.30, subd. (a) (Deering, Lexis Advance through the 2024 Regular Session Ch 1).) “Forum non conveniens is an equitable doctrine invoking the discretionary power of a court to decline to exercise the jurisdiction it has over a transitory cause of action when it believes that the action may be more appropria...

Excerpt: ... complaint does not identify any “Doe” defendants in paragraph 1, where all defendants are supposed to be identified. In paragraph 6, however, Sun has checked the box stating that Doe defendants “1 -5” were the “agents or employees of other named defendants.” The co mplaint does not allege compliance with any claim presentation requirement, as none of the boxes in paragraph 9 of the form are checked. In paragraph 10, where causes of ...

Excerpt: ...' claims against th em on the grounds that Cross-Complainants were truly ignorant of the fictitiously named cross -defendants' identities when the CrossComplaint was filed on July 10, 2020, pursuant to Code of Civil Procedure(“CCP”) sections 473(a), 474 and 576 and California Rules of Court (CRC) Rule 3.1324 is GRANTED. CrossComplainants are granted 15 days leave to file their proposed First Amended Cross -Complaint. The court may, in 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...

Excerpt: ...rez (“Ramirez”) i s his landlord and that defendant Ramirez (and/or agents, employees, co - conspirators) committed trespass on plaintiff Martin's apartment. Plaintiff Martin's original complaint further alleged that defendant Emalee Ousley (“Ousley”) and defendant Ramirez (an d /o r agents, employees, co -conspirators) committed an assault and battery. Plaintiff Martin's original complaint also names as defendants the City of Sacramento ...

Excerpt: ...is Plaintiff s' motion for final approval of settlement, which is unopposed. As discussed below, the Court GRANTS the motion. I. BACKGROUND Plaintiffs began employment with Defendant in September 2019 and ended their employment in April 2022. (First Amended Class Act ion Complaint (“FAC”), ¶ 3.) Both Plaintiffs were employed by Defendant as hourly, non- exempt employees. (Ibid.) According to Plaintiffs, they were sometimes required to work ...

Excerpt: ... Company (“LBMC”), borrow ing $125,000. (FAC, ¶9.) Plaintiffs executed a promissory note (“Note”) secured by a deed of trust (“DO”) against the Subject Property, Plaintiffs' primary residence. (FAC, ¶¶10 – 11.) The Note and DOT incorrectly identified the parcel number for the Subje ct Property as 599-44 -020. (FAC, ¶¶12 – 13.) LBMC subsequently assigned the [DOT] to Mortgage Electronic Registration Services (“MERS”) on o...

Excerpt: ...y are in the legal cu stody of defendant County. (Id.) Defendant County was responsible for the care and safety of children within Santa Clara County. (Id.) Defendant County provided child welfare, child protective, and childcare services to foster children in Santa Clara Count y, including plaintiff Michael Holys (“Holys”). (SAC, ¶9.) At all relevant times, plaintiff Holys was in foster care under the custody, care, and control of defendant...

Excerpt: ...that she and simila rly-situated dancers were employed by Defendants AJ's LLC and its owner, Paul Gill, from approximately May 1, 2013, until April 22, 2017, but were misclassified as independent contractors. AJ's Restaurant & Bar (“AJ's”) was a fictitious name for a sole pro prietorship owned by Andrea Russo until he passed away in May 2021. The restaurant closed in 2020 during the Covid pandemic and never reopened, as admitted by Plaintif...

Excerpt: ...rty located at 1343 San Juan Avenue in San Jose, California (“Property”) upon the death of his mother, Maria Castaneda (“Castaneda”). (Complaint at BC -4.) Upon Salvador's death or sale of the Property, Plaintiff was to be provided with her share a s issue of Castaneda.1 (Ibid.) On November 26, 2022, Salvador died and Plaintiff discovered that he transferred the Property into his trust to be given to Defendant, his wife, upon his death. (...

Excerpt: ... attached to Dec. of Fineman. Defendant is correct that Plaintiff was not a party to the contract, and therefore lacks standing to bring suit. California law provides that “[e]very action must be prosecuted in the name of the real party in interest[.]” Code Civ. Proc. § 36 7. A real party in interest is generally defined as “the person possessing the right sued upon by reason of the substantive law.” Redevelopment Agency of San Diego v....

Excerpt: ...ecompensated heart failure. (Ibid.) Based on Decedent's medical history, Good Samaritan knew or should have known that Decedent was at high risk of developing pressure sores. (SAC, ¶ 15.) Decedent presented with wounds in her right and left legs. (Ibid.) Pressure sore protocol sho uld have been instituted and followed at Good Samaritan. (Id. at ¶ 16.) Decedent suffered the development and/or worsening of pressure sores while at Good Samaritan. ...

Excerpt: ...y associated premiums, and failed to provide code- complaint wage statements, among other Labor Code violations. Now before the Court are Plaintiffs' motion for final approval of a settlement and motion for attorneys' fees, costs and enhancement awards, which are unopp osed. As discussed below, the Court GRANTS the motions. I. BACKGROUND On January 24, 2022, Ms. Martinez and Ms. Orellano filed a PAGA Complaint against Defendant in this Court in...

Excerpt: ...below, Plaintiff' s motion is GRANTED. I. BACKGROUND According to the allegations of the operative Complaint (“Complaint”), Ms. Velasco was employed by Bright Matters, which provides cleaning and janitorial services throughout the state of California, as a janitor from appr oximately September 2021 until her termination in January 2022. Ms. Velasco alleges that she and other aggrieved employees were willfully misclassified as independent con...

Excerpt: ...mon areas on the subdi vision map of Tract No. 10108, file no. 21798266 in San Jose (“Project”). (See TAC, ¶¶ 2, 14.) However, as a result of Defendant's omissions and actions, there were numerous latent defects at the Project, including: missing head flashings at windows and doors, improperly installed stucco and stucco accessories, improperly installed self- adhered membrane and building paper, improperly installed lath, improperly inst...

Excerpt: ...ENIED IN PART. Fi rst, Steinberg Hart seeks further responses to Requests for Production Nos. 24, 25, and 26 from its second set of document requests, under section 2031.310. Z&L's responses consisted solely of objections, without any statement of compliance. But Z&L argu es in its opposition that these requests are duplicative of Requests for Production Nos. 4, 5, and 6, which were presumably contained in Steinberg Hart's first set of document ...

Excerpt: ...n Hsu and Chin- Wei Hsu in Case No. 23CV427626 filed a similar notice in their case referencing this Case No. 22CV407623, the same day. In both notices, the second box in Section 1(h) is checked indicating that each case “arise from the same or substantially identical transact ions, incidents, or events requiring determination of the same or substantially identical questions of law or fact.” The plaintiffs in both actions are represented by ...

Excerpt: ...024. The primary ba sis for the District's demurrer was the claim that Assembly Bill 218 (“AB 218”), which amended the limitations period for bringing a childhood sexual assault claim under Code of Civil Procedure section 340.1, was unconstitutional under Article XVI, § 6 of the California Constitution, also known as the “Gift Clause.” The court ultimately rejected this claim and overruled the demurrer. (See January 23, 2024 Order.)3 Two...

Excerpt: ...ion Chicago Title Insurance Company and cross -complainant Roya Javid (R Javid”) each filed joinder in Javid's opposition (collectively “Objectors”). On March 29, 2024, defendant and cross complainant Orange Coast Title Company of Northern California (“Orange Coast”) and defendant, cross - defendant and cross -complainant Susan Trujillo (Trujillo) filed response to Tashjian's motion to stay in support of stay. Evidentiary objections O...

Excerpt: ...n September 29, 2021, Pl aintiff designs, manufactures, and sells electric cars, electric vehicle powertrain components, as well as scalable energy generation and storage products. (FAC, ¶ 36.) Plaintiff sells successful electric vehicles and is poised to enter the pickup truck market, with over 500,000 reservations for its highly anticipated Cybertruck. (Ibid.) Defendants Rivian Automotive, Inc. and Rivian Automotive, LLC (collectively, “Rivi...

Excerpt: ...) Arvind Srin ivasan v. ZL Technologies, Inc., et al. (Case No. 20CV373027); (3) Arvind Srinivasan v. ZL Technologies, Inc. (Case No. 20CV373149); (4) ZL Technologies, Inc., et al. v. Arvind Srinivasan (Case No. 21CV378097); (5) Arvind Srinivasan v. ZL Technologies, Inc . (Case No. 21CV382329). and As is relevant here, ZL Technologies, Inc., et al. v. Arvind Srinivasan (Case No. 21CV378097) (“Defamation Case”) is a defamation action filed by...

Excerpt: ...k to amend the c omplaint to add two new causes of action against defendants Suzanne Ramirez (Jonathan Ramirez's ex -fiancee) and RRT Group, Inc. (collectively, “Defendants”): for financial elder abuse and for an accounting. Defendants respond that they “will not oppose” t his motion “with the following conditions”: (1) that Defendants not be required to file a response to the amended complaint; (2) that they be allowed to conduct ...

Excerpt: ...nts LLC (collectively, the “Gong Defendants”) in “multiple protracted complex litigations” involving residential property located at 2276 Bentley Ridge Drive in San Jose (the “Property”).1 (Complaint, ¶¶ 1, 9.) In 2015, Jason Pacheco and Shanna Pacheco (collectively, the “Pachecos”) sued the Gong Defendants over a dispute regarding the Property. (Complaint, ¶ 12 -14.) David Hamerslough represented the Pachecos in the underlying...

Excerpt: ...mplaint (“FAC”), ¶ 4.) Loren z is the Chief Executive Officer of County Hospital/SCVMC. (Id. at ¶¶ 2, 3(a).) During Plaintiff's employment, he observed County Hospital's failure to maintain a sanitary environment and improper handling of materials, including surgical instruments. (FA C, ¶ 11.) On and after September 2022, Plaintiff informed several people that certain instruments were incorrectly sterilized and had been incorrectly steril...

Excerpt: ..., 2022, and the y filed the operative first amended complaint (“FAC”) on October 16, 2023. The FAC alleges in part that of the $623,300.00 currently owed to Plaintiffs: . . . $552,300 represents money Plaintiffs loaned to Defendant to assist in the purchase of two pieces of residential real property —one in the City of San Jose and one in the City of Palo Alto, as well as a small of amount of interest on one of those loans. Constituting t...

Excerpt: ...(“San Jose City”) (collectiv e l y, “City Defendants,”), and the County of Santa Clara (“Santa Clara County”) (collectively, “Defendants.”) Plaintiffs Valdez and Garrett were employed by Kiewit6 Infrastructure West Corporation (“Kiewit Corporation”) as Journeyman Pipe Fitters, working a t San Jose-Santa Clara Regional Wastewater Facility (“Wastewater Facility.”) (FAC, ¶ 19.) The Wastewater Facility is jointly owned and op...

Excerpt: ...her responses to requests for production of documents, and (5) to compel compliance with requests for production of documents. In addition, Plaintiffs seek $7,429.00 in monetary sanctions against Surgicare. Because Plaintiffs' motion fails to demonstrate good cause for further responses to the document requests, and because the moving papers barely address the substance of the answers to the interrogatories, the court DENIES the motion in large p...

Excerpt: ...t, but from the breach of the separate Noncompetition and Nonsolicitation Agreement (“Noncompetition Agreement”) between the parties. Plaintiff argues that because the Noncompetition Agreement does not contain an arbitration clause, it cannot be compelled to arbitration. Defendant responds that the Employment Agreement and Noncompetition Agreement should be read as one, citing both Civ. Code § 1642 and Fillpoint, LLC v. Maas (2012) 208 Cal.A...

Excerpt: ...y generic and dev oid of specific explanations regarding the disputed requests. Indeed, the brief does not include or discuss the specific text of any of the 37 the requests at issue, instead grouping them into broad categories and then making general arguments about them. In addition, the brief contains no definition of the “transmission defect” and “engine defect” at issue, leaving it for the reply brief to define these terms. Even ...

Excerpt: ... now seek an o rder compelling GM to produce documents relating to (1) the SUBJECT Vehicle (RFP Nos. 1, 2, 3, 9, 14); (2) communications between Plaintiff and Defendant or those associated with Defendant (RFP Nos. 15 and 16); (3) documents relating to the call center, lo yalty program, after warrant assistance program, or technical hotline (RFP Nos. 31 -33); and (4) documents evidencing complaints made by California owners of the same make, model...

Excerpt: ... agent to serve. Plai ntiff has been unable to serve EMC. Defendant is a citizen of Canada and was a board director and significant shareholder of EMC. After another investigation, Plaintiff found a residential address for Defendant. In October 2023, Plaintiff engaged a Canadi an process server to conduct personal service on Defendant, but this was unsuccessful. In November or December 2023, Plaintiff retained a new process server who was able t...

Excerpt: ...a fraudulent sc heme to retire senior water rights vis- à-vis duplicitous water claims….for the construction and massive expansion of a luxurious private urban development” in Salt Lake City, Utah. (Complaint ¶ 2.) On September 26, 2014, Plaintiff filed suit under the Fed eral Claims Act in the Federal Court for the District of Utah relating to a public drinking water system in Salt Lake County operated by the Emigration Canyon Improvement...

Excerpt: ...ccording to the c omplaint, Xu has refused to contribute to the loan since January 2023, and Jiang has had to pay Xu's share of the loan. (Ibid.) In addition, despite verbal promises, Xu has refused to repay Jiang one -half of the advance payment and transaction fees. (Id . at ¶ 11.) Jiang incurred other expenses related to the Bowen Property, including property tax, insurance premiums, replacement of airconditioning system, gardener fees, repai...

Excerpt: ...2. (See complaint, ¶ 7.) Construction of the project was to be substantially completed by July 7, 2022. (See complaint, ¶ 8.) Plaintiffs contend that Premiere improperly over -excavated and demolished the base rock of an approved location of a 10,000 -gallon water tank with its foundation without notifying Plaintiffs, and the project ultimately was severely delayed and incomplete. (See complaint, ¶ 9.) Premiere stopped work and left the projec...

Excerpt: ...choscopy. (SA C ¶ 2.) While Dr. Nathan was under anesthesia, the anesthesiologist left him for crucial minutes, during which time the internist made a mistake, and Dr. Nathan suffered a stroke. (SAC ¶ 22.) Failing to detect the stroke, Stanford staff wrongly concluded t hat Dr. Nathan had suffered a heart attack and did not conduct a physical or neurological examination until 48 hours after the procedure. Dr. Nathan was released on March 16, 20...

Excerpt: ...4.) Doe 6 was a teacher empl oyed by Doe 1 who abused his position of power to groom young students, including Plaintiff. (Id. at ¶ 15.) After Doe 6 gained Plaintiff's trust, his sexual advances against Plaintiff became more aggressive. (Compl., ¶ 16.) Doe 1's employees knew, or shou ld have known, that Doe 6 was sexually grooming and sexually abusing Plaintiff. (Id. at ¶¶ 18, 26.) Doe 6 targeted Plaintiff because of his gender. (Id. at ¶ 20...

Excerpt: ...on November 12, 2019 by plaintiffs Wendy Towner, Francisco Aguilera, Nick McFarland, Justin Bates, and Brynn OtaMatthews (collectively, the “Towner plaintiffs”). The Towner plaintiffs eventually filed a Fifth Amended Complaint (“5AC”) on July 23, 2021, stating several c auses of action against defendants Gilroy Garlic Festival Association, Inc. (“GGFA”), First Alarm Security & Patrol, Inc. (“First Alarm”), the City of Gilroy (“...

Excerpt: ...merger of Plaintiff with Tal amantez' Castling Kids Chess, and then the hiring of Talamantez as Plaintiff's Director of Enrichment. (See TAC, ¶¶ 28, 3738.) On May 14, 2018, Talamantez executed a nondisclosure agreement with Plaintiff, in which he agreed not to disclose Plaintiff's c onfidential information or solicit its customers and to return all property in his possession at the time of termination with Plaintiff. (See TAC, ¶ 49, exh. D.) ...

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: ...actions whe re there is a common question of law or fact pending in the same court. CCP §1048(a). In considering a motion for consolidation, the court should consider the timeliness of the motion, the complexity of the case, and prejudice. See State Farm Mut. Auto Ins. Co. v. Superior Court (1956) 47 C.2d 428, 430- 432. Jane Doe's motion is timely and the two actions concern the same property and involve overlapping parties. However, LHP 2019 wi...

Excerpt: ...e Fenton”). Pursuant t o California Rule of Court 3.1308, the Court issues its tentative ruling. I. Background This is an action for fraudulent conveyance. According to the allegations, on November 25, 2014, Martin and Hoge Fenton entered into an agreement in which Hoge Fento n agreed to represent Martin in an underlying action, which was a real property dispute between Martin's father and Mark and Paul Watts related to property located at 3156...

Excerpt: ...2024, in the principal amount of $ 894,443.54 that was modified on June 5, 2023, to $979,425.90, on two major grounds. First, Kokinos claimed that vacatur is required pursuant to “section 1286.2(a)(6)(B) because WELSH refused to honor KOKINOS's timely demands for disqualification of hersel f and of her designated forensic accountant Vanessa Hill (Hill), when WELSH was required to remove herself and the accountant from the proceedings” citin...

Excerpt: ...2023. It states four causes of action: (1) Nonpayment of Wages (against Flawless); (2) Breach of Contract (against Flawless and Flawless S.A.R.L.); (3) Violation of Business and Professions Code Section 17200 et seq. (against Flawless); and (4) Defamation (against Flawless an d Loughan). There are no exhibits attached to the complaint. Flawless filed an answer to the complaint on October 30, 2023. Currently before the court is a special motion t...

Excerpt: ...dariz v. Foundation Health Psychcare Services (2000) 24 Cal.4th 83 (Armendariz). Perera alleges that FINRA has not complied with the holding in Armendariz that an employment arbitration must involve a neutral arbitrator and must not require the employee to pay any type of expense that he or she would not have to pay if the dispute had been brought in court rather than in arbitration. Perera alleges that FINRA has charged him thousands of dollars ...

Excerpt: ...mstances, a defend ant must bring a motion to vacate and set aside default within six months of the date the default was entered. Code of Civil Proc. § 473(b) provides, in pertinent part, that: (b) The court may, upon any terms as may be just, relieve a party or his or her l egal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect....

Excerpt: ...ant is served by e mail and the Plaintiff asserts that Defendant has agreed to such service. The proof of service form specifically required Plaintiff to provide the authorizing code section for its method of service and unsurprisingly, Plaintiff offered none. Moreover, the Court Clerk indicated that service was not proper when it rejected the request for entry of default on March 2, 2022, noting that service was not proper. Plaintiff claims it ...

Excerpt: ..., previ ously doing business as Lifestyle Hospitality Inc., provides case goods, seating, millwork, various types of furniture and related items and services to the hospitality industry. (Complaint, ¶¶2, 3, and 11.) Defendant ECD -Great Street DE, LLC dba theWit Ch icago (“Defendant”) has a principal place of business at 250 Parkway Drive, Suite 120, in Lincolnshire, Illinois. (Complaint, ¶4.) Defendant owns and/or operates one or more hot...

Excerpt: ...rtment between A ugust 25, 1997, and July 7, 2015. (Separate Statement of Undisputed Material Facts in Support of Plaintiff's Motion for Summary Adjudication (“SSUMF”), ¶1.) She was promoted to senior accountant on June 30, 2014, and remained in that position until her retirement. (Id., ¶2.) As both an accountant and senior accountant, Defendant's responsibilities included maintaining Cupertino's general ledger accounts and performing bank ...