Excerpt: ...party opposing the tentatve ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 11 September 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motion of Defendants To Compel Plaintiff To Submit To A Mental Examination. l. Statement of Facts. The facts of this important matter are well known to this Court and counsel. II. Motion to Compel Mental Examin...

Excerpt: ... extinguish the debt. Request for Judicial Notice Plaintiff's request for judicial notce is denied as the facts are not necessary to the decision of the Court. Facts In 2001, Plaintiff Roger Nelson ("Plaintiff") purchased real property located at 1201 Ayer Dr. in Gilroy, California ("Property"). (See First Amended Complaint ["FAC"] at 1, 13.) Plaintiff purchased the Property for by obtaining loans from First Franklin in the amounts of $339,950 ("...

Excerpt: ... also named James T. Stroud, the Chu Defendants' attorney of record, as a defendant. According to the complaint, in 1993, Plaintiffs, the Chu Defendants, Chi Chu, and Lan Chu purchased the Property; the eight of them agreed to share equally in the management costs and ownership of the Property. (Complaint, 9-10.) Only the Chu Defendants were named on the title of the Property, however, because they suggested that it was faster for two owners to r...

Excerpt: ... asks the court to bifurcate the punitive damages claim. There is no discretion regarding punitive damages. It is mandatory for the punitive damages claim to be bifurcated under CCP S 3295(d). Plaintiff does not object. Therefore, this aspect of Defendant's motion is GRANTED. The Court has the authority and discretion to bifurcate the equitable claims and hear those claims separately from and prior to the legal claims tried to a jury. CCP S 598 s...

Excerpt: ...udgment and a motion to quash a deposition subpoena. In the lead case, plaintiff Chang Long Realty Development LLC ("CLRD") filed the original and still operative complaint on January 18, 2019. The complaint states seven causes of action against Sun and Zhu: (1) Quiet Title; (2) Partition; (3) Accounting; (4) Breach of Fiduciary Duty; (5) Conversion; (5) Trespass to Chattels; and (7) Imposition of Constructive Trust. On April 22, 2019 Sun and Zhu...

Excerpt: ... that make a preference necessary to prevent prejudicing her interest in the case. The court finds that Getty has satisfied the statutory requirements for a trial preference and GRANTS the motion. Defendants Villa Verde, Dominica Oliva, Sequoia Home Health & Hospice, Cornerstone Healthcare, Inc., Pennant Services, Inc. have filed four separate oppositions to the motion, raising several overlapping and needlessly repetitive arguments. 4 The court ...

Excerpt: ... opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 06 September 2023. Please specify the issue to be contested when calling the Court and Counsel. —CK)oOooom Order On Plaintiffs' and Cross- Defendants' Motion For Summary Judgment or, in the Alternative, Summary Adjudication. l. Statement of Facts. First Amended Complaint Plaintiffs Ampro Systems, Inc. ("Ampro") and Consolitech ...

Excerpt: ...ous condition on Defendant's premises. (ld.) On October 13, 2022, Plaintiff filed a form complaint against defendants City and County of Santa Clara ("County"), asserting causes of action for: premises liability negligence; premises liability—dangerous condition of public property; and negligence. On April 7, 2023, Plaintiff filed a request for dismissal as to County. Remaining defendant City demurs to the causes of achon for premises liability...

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 06 September 2023. Please specify the issue to be contested when calling the Court and Counsel. Orders on General Motors LLC's: 1. Demurrer To Plaintiffs' First Amended Complaint; and 2. Motion To Strike Punitive Damages From Plaintiffs' First Amended Complaint. l. Statement of Facts. On or about 12 May 2019, plaintiffs...

Excerpt: ...Moore, and K&K Confidential Investigations (collectively, "Defendants") relating to an inc:ident that occurred at Plaintiffs' place of business in Missouri in 2010. Currently before the court is Travelers' demurrer to the tenth, eleventh, and twelfth causes of acton in the third amended complaint. A. Background Plaintiffs filed their original complaint on October 18, 2018. The complaint attached two exhibits: (1) a copy ofa "Water Tank Lease with...

Excerpt: ...annis of Universal Music Publishing Group ("UMPG") randomly called Mr. Curcio and he asked Mr. Grannis to confirm confidentiality in writing. (TAC, p. 3, 1.) Mr. Grannis granted Mr. Curcio confidentiality in written contract, along with a questionnaire. (ld.) Around mid-February 2016 to mid-March 2016, Mr. Curcio invented his monetzation model and trade secret. (TAC, p. 3, 2.) On March 24, 2016, Mr. Curcio emailed Mr. Grannis and shared his monet...

Excerpt: ...d that Defendants failed to provide employees with full, timely, uninterrupted meal periods and rest breaks; failed to pay employees for all hours worked; failed to pay overtime; failed to reimburse or fully reimburse employees for required expenses; and committed other wage and hour violations. The Complaint asserted causes of action for (1) failure to provide meal periods; (2) failure to authorize and permit rest periods; (3) failure to pay min...

Excerpt: ...of a PAGA settlement, filed May 8, 2023, forthe reasons set forth in the minute order filed June 2, 2023. As discussed below, the Court is inclined to grant Plaintiffs' Motion pending receipt and review of a corrected PAGA Notice. l. BACKGROUND According to the Complaint filed October 8, 2021, Plaintiffs Adriana Mendoza, Liliana Rios, Patricia Huerta, Veronica Martinez, and Diana Zapata (collectively, Named Plaintiffs) are former employees who wo...

Excerpt: ... l. Background This achon arises from a dispute over the leadership of a now-dissolved limited liability company, RS Enterprise, LLC ("RS"), formed to process and sell cannabis products in Santa Cruz, California. Plaintiff William Sump ("Sump") alleges that he was improperly deprived of his voting and membership interest in Rs—including three pieces of real property owned by RS in Santa Cruz—by defendants Nathaniel Ready, John Vitale, Trevor ...

Excerpt: ...cuments (on August 22 and 23, 2023), and Jones's reply brief, filed on August 30, 2023, indicates that an order compelling compliance is no longer necessary. Instead, Jones reserves only his request for monetary sanctions ($2,872.50) for having had to bring this motion. Plaintiffs oppose the imposition of sanctions on multiple grounds. First, they argue that Jones has been "impatient" and failed to provide reasonable allowances for John Pilling t...

Excerpt: ...ny party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 06 September 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order On Plaintiffs' and Cross- Defendants' Motion For Summary Judgment or, in the Alternative, Summary Adjudication. l. Statement of Facts. First Amended Complaint Plaintiffs Ampro Systems, Inc. ("Ampro") and Conso...

Excerpt: ...compel further responses to various discovery. Plaintiff opposes AAP's motion and AAP opposes the motions to compel. For the reasons discussed below, the Court GRANTS AAP's motion and DENIES Plaintiffs motions. IV.BACKGROLJND According to the allegations of the Complaint, Mr. Phan was employed by AAP as an hourly-paid, non- exempt employee from September 2012 to approximately April 2015. He alleges that AAP failed to compensate him and class memb...

Excerpt: ...e joint status report filed June 30, 3023.) Plaintiff seeks an order directing to disclose the complete compensation and employment history of each employee in the relevant population, starting from the date of hire of each employee in the relevant population. Google opposes, contending Plaintiff's request covers too broad of a tme As discussed below, the Court GRANTS Plaintiff's request in part and DENIES it in part. l. BACKGROUND As set forth i...

Excerpt: ...nt ("FAC"). BlackBerry opposes the motion in part. For the reasons discussed below, the Court GRANTS IN PART and DENIES IN PART Sentinelone's motion. l. BACKGROUND BlackBerry is a security software and services company that provides enterprises and governments with the technology necessary to secure the Internet of Things (the applications for transferring date over networks of digital machines without human interaction), including A1 based cyber...

Excerpt: ...he tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4m PM on 06 September 2023. Please specify the issue to be contested when calling the Court and Counsel. motnOooom Order on Special Motion to Strike the Complaint by Defendant Mandy J. Brady (Code of Civil Procedure, S 425.16). l. Statement of Facts. On 12 June 1998, plaintiff Dagmar Horvath ("Dr. Horvath") together with Cyrus Hazari ("Hazari") purcha...

Excerpt: ... forth the following causes of action: (1) Failure to Pay Minimum Wages; (2) Failure to Pay Overtime Wages; (3) Failure to Provide Meal Periods; (4) Failure to Permit Rest Breaks; (5) Failure to Reimburse Business Expenses; (6) Failure to Provide Accurate Itemized Wage Statements; (7) Failure to Pay All Wages Due Upon Separation of Employment; (8) Violation of Business and Professions Code SS 172(L et seq.; and (9) Enforcement of Labor Code SS 26...

Excerpt: ...nst defendants L Brands, Inc., Victoria's Secret Stores, Inc., and Victoria's Secret Stores, LLC (collectively, "Defendants") on February 3, 2020, sets forth a single cause of action for Violation of 15 U.S.C. (FCRA). he Plaintiffs reached a settlement with Victoria's Secret Stores, LLC. On January 11, 2023, the court granted preliminary approval of the class achon settlement. The court approved the amended class notice the following day. Plainti...

Excerpt: ...aving chest pains. (Attachment to Complaint, p. 4.)2 On August 7, 2020, a deputy twisted his wrist over tightened handcuffs, which caused injury; on August 17, 2020, Plaintiff was left in a hot van with no air conditioning, which caused him to suffer from heat stroke; and on September 10, 2020, deputies retaliated against him, which led to a "code 3" on October 3, 2020, when another deputy challenged Plaintiff because he refused orders to confron...

Excerpt: ...roperty") from LoanCity.com in the amount of $569,700.W, memorialized by a Deed of Trust. (Complaint, 1, 12.) The maturity due date is February 1, 2034. (Complaint, '1 12.) The Trustee was First American Title. (Ibid.) Mortgage Electronic Registration System, Inc. ("MERS") was delineated as Beneficiary solely as nominee for the Lender. (Ibid.) On April 5, 2022, an assignment of the deed of trust from MERS to U.S. Bank National Association ("U.S. ...

Excerpt: ...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 01 September 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Orders on: 1. Defendants Cricket Communications, Inc. and New Cingular Wireless PC's LLC's Demurrer To First Amended Complaint of Whispering Oaks Residential Care Facility LLC and Whispering...

Excerpt: ...ed and requested repurchase of the Vehicle. Before filing this lawsuit on March 4, 2020, Plaintiff sent correspondence to Defendant again demanding repurchase of the Vehicle. Plaintiff received no response. Accordingly, Plaintiff filed this lawsuit on July 15, 2020. Defendant answered, denying liability, and asserting twenty-three affirmative defenses. Defendant conducted written discovery and deposed dealership personnel and Defendant's person m...

Excerpt: ...tive damages because Defendant knew there were live wires buried at the site where Plaintiff was excavating, was unaware of how deeply buried the wires were, learned that there were other unexpected items buried at the site, including a set of communication pipes and a copper pipe, and yet encouraged Plaintiff to keep digging, without regard for his safety. Defendant opposes the motion claiming (1) Plaintiff's delay in bringing this motion and th...

Excerpt: ...t. Cade 554950, et. seq.) ("Brown Act") when it awarded a contract for stables concessionaire at Bear Creek Stables to Chaparral Country Corporation ("Chaparral"). (First Amended Complaint, '1 1.) Plaintiff alleges Midpen is a California voter created independent district, i.e., a local government that provides 3 specialized service to the public that local cites and counties do not provide and that Midpen is subject to California's laws pertaini...

Excerpt: ...ny party opposing the tentatve ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 01 September 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motion of Defendant Omid Beheshti's Special Mohon To Strike and for Attorney's Fees And Costs. l. Statement of Facts. Defendants Omid Beheshti ("Beheshti") and Gary Allen Walker dba Aborn Properties ("Walker...

Excerpt: ...n. On September 15, 2022, this court (Judge Kirwan) granted Gargano's motion for judgment on the pleadings, finding, among other things, that Plaintiffs' causes of action were an "apparent attempt to evade" the mandatory ADR provisions of the operating agreements between the parties. On February 2, 2023, Judge Kirwan denied Plaintiffs' motion for reconsideration. Gargano then moved for an award of attornevs fees and costs. On April 25, 2023, this...

Excerpt: ...ated through the evening and the morning of June 3, 2018, causing damage to the premises of which Plaintiff was the tenant. On May 31, 2019, Plaintiff filed a complaint against Defendant for property damages and business interruption. On April 7, 2023, Defendant served Plaintiff's counsel with two separate subpoenas for production of business records and accompanying notices to consumers or employees related to the bank subpoenas served on Citiba...

Excerpt: ...7, 2022, Plaintiff's counsel prepared and filed the summons and complaint in the Orange County Superior Court of California. On October 7, 2022, Plaintiff filed a first amended complaint and a motion for change of venue. On November 14, 2022, the motion for change of venue was granted. On January 25, 2023, Plaintiff filed the FAC with the new case number against defendant Costco Wholesale Corporation ("Costco"), asserting causes of action for neg...

Excerpt: ...oject. The electrical light fixtures were manufactured by cross-defendant Selux Corporation ("Selux"). On December 23, 2022, the owner of the Project, Synopsys Inc. ("Synopsys") filed its complaint against SC Builders, Inc., Sprig, and Selux for damages stemming from installation of the defective light fixtures. On March 23, 2023, Sprig filed its first amended cross-complaint containing causes of action for equitable indemnity, implied indemnity,...

Excerpt: ...Complaint ("FAXC"), in or around June 2022, Cross-complainants discussed the possibility of obtaining a loan in a cash amount between to $475,0W with Cross-defendant. (FAXC, '1 8.) On or around July 13, 2022, Cross-complainants and Cross-defendant executed an Agreement to Procure üJan ("the Agreement"), wherein Cross-defendant agreed to obtain a cash out loan in an amount of $4COOW to on of Cross-complainants and secured by two of their properti...

Excerpt: ...s CFO position and Wilco CEO, Mr. Ramasamy, emailed Plaintiff with compensation for the position: a base annual salary of $240,000, an annual performance bonus of up to 10% of his salary amount, and a 5% equity stake in Wilco. (See SAC, 15-16.) The salary and bonus terms of compensation were memorialized in an offer letter dated October 18, 2021, however, Ramasamvs October 17, 2021 email stated that "the equity related details will not be present...

Excerpt: ... and Ms. Gandhi have filed cross-claims againat Hine for unpaid wages and profit-sharing. After a number of demurrers by various defendants and a number of amendments, Hone has now filed its fifth amended complaint ("5AC"). All Defendants, apart from OnePrime Capital LLC, OnePrime Alpha Fund VII, LP, and One Prime Opportunity Fund l, LLC (collectively, "OnePrime") and Windward Ventures LLC ("Windward") have filed their answer to the FAC. Now befo...

Excerpt: ...urts have found that shareholder derivative plaintiffs may be considered as trustees or guardians ad litem to the right of action. [Citation.) Such plaintiffs have no power to settle or compromise the corporation's action absent court approval"l.) "A court reviewing a settlement agreement considers whether the proposed settlement is fair and reasonable in light of all relevant factors. [Citations.] A court reviews the settlement of a derivative s...

Excerpt: ...ND Defendant Merchants & Medical Credit Corporation, Inc. ("MMCC") is a Michigan corporation engaged in the business of collecting defaulted consumer debts in California. (First Amended Complaint ("FAC"), 11.) Defendants Matthew Hresko, Terry Lee Brewer, and Andrea Ina-Michelle Church are Michigan residents who Plaintiff alleges are employees, agents, and, in Mr. Hresko's case, an offcer and/or director of MMCC and are also "thirdparty debt colle...

Excerpt: ...r Beatty Action"). During the progress of that case, Defendant and Balfour entered into a non-disclosure agreement ("NDA"). Defendant asserts it cannot respond to plaintiff Technical Systems, Inc.'s ("Plaintiff") document production request because it is bound by the nondisclosure agreement with Balfour. Balfour subcontracted Defendant for over $37 million to work on a public works improvement project. Defendant then subcontracted a portion of th...

Excerpt: ...ed ground rod located at the Defendants' property, causing him to suffer severe injuries to his left shoulder. 2. Equity's Cross- Complaint Per the Cross-complaint, the Morgan Hill Preserve located at 12895 Uvas Road in Morgan Hill (the "Property") is where Plaintiff was injured and was operated by Equity's direct and wholly owned subsidiary, defendant MHC TT, Inc.("MHC"). (Cross-complaint, '1 3.) MHC entered a written vendor services agreement (...

Excerpt: ...entered a written Retail Installment Sale Contract — Simple Finance Charge ("RISC") under which the purchase of the vehicle was to be paid in installments as provided for in the RISC. (Complaint, 93.) The RISC is attached to the Complaint as Exhibit 1 "and incorporated [into the Complaint] by reference." (ld.) Top Notch Auto Sales "sold, assigned and transferred to Plaintiff all of the seller's right, title and interest in and to the [RISC], an...

Excerpt: ...osing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 30 August 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motion of Plaintiff to Compel Defendant to Provide Further Responses and Documents in Response to Plaintiff's Request for Production, Set Number One. l. Statement of Facts. Plaintiff filed this complaint on 20 May 2022. 1...

Excerpt: ...tion to enforce settlement and for attorney's fees, which is As discussed below, the Court is inclined to grant the motion but it requests a supplemental declaration from Plaintiff's counsel indicating the dates and amounts of the payments Defendant has made and an explanation of how Plaintiff determined the total remaining balance. Plaintiff should provide that declaration prior to the hearing on this matter if possible. BACKGROUND Plaintiff wor...

Excerpt: ...so been narrowed in scope, as Balfour has produced about 20WJ more documents. Based on the opposition, filed August 18, and the reply, filed August 24, it appears that the remaining items in dispute are: (1) job cost reports, and (2) "key letters" between Balfour and the Santa Clara Valley Water District (aka the "Project Owner"). Job cost reports: Balfour argues that its job cost reports are not responsive to Neal's first set of document request...

Excerpt: ...the Court is Defendants' petition to com#l arbitration and stay Plaintiff's representative PAGA claim. As explained below, the Court GRANTS Defendants' petition. Plaintiff's individual PAGA claim must go to arbitration, and the representative PAGA claim will be stayed. . BACKGROUND As alleged in the operative complaint, Plaintiff worked for Defendants from June 2021 through approximately January 2022 as a non-exempt employee. (Complaint, 9.) Plai...

Excerpt: ...ations. Before the Court is Plaintiff's motion for final approval of the settlement, attorney fees award, cost award, and incentive payment. As discussed below, the Court is inclined to grant final approval but asks that Plaintiff lodge any individual settlement agreement she might have made with the court or affirm that she has entered into no such agreement. BACKGROUND Defendants employed Plaintiff in Santa Clara County as an hourly paid, non-e...

Excerpt: ...h the following causes of action: (1) Failure to Pay Minimum Wages [Cal. Lab. Code SS 204, 1194, 1194.2, and 1197]; (2) Failure to Pay Overtme Compensation [Cal. Lab. Code SS 1194 and 1198]; (3) Failure to Provide Meal Periods [Cal. Lab. Code SS 226.7, 5121; (4) Failure to Authorize and Permit Rest Breaks [Cal. Lab. Code SO 226.7]; (5) Failure to Indemnify Necessary Business Expenses [Cal. Lab. Code S 28021; (5) Failure to Timely Pay Final Wages ...

Excerpt: ...ed on November 4, 2021, sets forth the following causes of action: (1) Failure to Reimburse Business Expenses (Labor code S 2802); (2) UC Violations (Cal. Bus. & Prof. code SS 17200-17204); and (3) PAGA Penalties (Labor Code S 2698 et seq.). The parties have reached a settlement. Plaintiff Valerie Boyer ("Plaintiff") now moves for preliminary approval of the settlement. II. LEGAL STANDARD Generally, "questions whether a settlement was fair and re...

Excerpt: ... the tentative ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 28 August 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motion of Plaintiff To Bifurcate Pursuant To Code Of Civil Procedure, SS 1048(b) and 598. In this action, plaintiff Cohesity, Inc. filed a complaint against defendant Randall Seidl alleging the following causes of action: 1. B...

Excerpt: ...lto (the "Sheridan Property")3 , while the consolidated cases involve property located at 4234 Pomona Avenue in Palo Alto (the "Pomona Property").4 The instant motions involve the Pomona Property. Sherry holds a 70% title interest in the Pomona Property with her husband, Alexander Liu ("Alex"), as community property. (Complaint, 3.)5 Defendant Mei Haw Chuang is Sherrvs mother and the wife of the late Ying Cheh Chuang, who passed in April 2017. (C...

Excerpt: ...tered a contract with TM for the purchase of Lot 104 at 73 Montecito Vista Drive, Unit No. 1 in San Jose (the "Property") for $669,745 and deposited $20,093.25 into escrow. (TAC, '1 23.) Pursuant to section 8(a) of the contract, the closing date for the transaction was required to when a certificate of occupancy was issued, as San Jose Municipal Code S 24.02.61(A) prohibited usage or occupancy of the Property prior to the issuance of a certificat...

Excerpt: ...plaint, 1.) In the fall of 2019, White, Wall, Thompson, Harris, and White's girlfriend, "S.V.," formed a cover band. (ld. at '127.) In the fall of 2020, White, Wall, and Thompson lived as friends and roommates in an apartment near Stanford. (ld. at '1 26.) White had a close but platonic relationship with Wall, Thompson, and Harris. (ld. at 33-34.) From the fall of 2019 to early 2020, White was a residential advisor who lived in the same dorms as ...

Excerpt: ...elieved to be the smell of oil (Complaint, 910.) When Plaintiff asked the salesperson about this smell, he was told the smell was because of "caps" that had been removed from the exhaust system, but that the Vehicle had been extensively checked by Dealer's technician and had no problems. (ld.) Plaintiff had no reason not to believe the salesperson's representations. (ld.) Plaintiff then immediately experienced several problems with the Vehicle, n...

Excerpt: ... Any party opposing the tentatve ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 28 August 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order On Motion Of Defendant Vacate Judgment. Plaintiff did not file opposition to this motion. It does not appear that there was a proper proof of service of the motion to counsel for plaintiff. The file contains a l...

Excerpt: ...assigned her to obtain travel documentation related to Lee's brother and his mistress. (Ibid.) Following their meeting, Lee "lured YANG to the united States with the promise of lucrative opportunities at Stanford and in the Silicon Valley investment world." (FAC at '14.) Lee holds himself out as the senior advisor of the former CEO of Stanford Health and as an investor working at Stanford university. (ld. at 3, 7.) Throughout their relationship, ...

Excerpt: ...nal and still operative complaint is a form complaint filed on September 24, 2021. It states causes of action for: (1) Premises Liability/Dangerous Condition of Public Property, and (2) General Negligence. Three of the several defendants are the City of San Jose (the "City"), the 1939 Monterey Road Owners Association (the "Association"), and Verity Properties, Inc. ("Verity"). The complaint makes little distinction between the defendants and has ...

Excerpt: ...d to properly pay Plaintiff for the medically necessary services, supplies, and/or equipment rendered to patient N.B. (the "Patent"), who was an enrollee and beneficiary of health plans sponsored, administered, and/or financed by EBMS. (SAC, '1 7-8.) Private Healthcare Systems ("PHCS") is a nonparty and operates a preferred provider network ("PPO") in which PHCS indemnifies health care expenses, performs utilization review services, provides or a...

Excerpt: ...d for employment with Defendant for a job assignment with Tesla. (FAC, 29.) He was offered the position and accepted. (Ibid.) Plaintiff then signed a digital consent disclosure authorizing Defendant to obtain an investigative consumer report ("ICR"). (ld. at '1 30.) The FAC alleges the disclosure was non-compliant and that he opted-in to request a copy of the report in the event of its procurement. (Ibid.) On July 19, 2022 and July 22, 2022, Defe...

Excerpt: ...de provisions, the court GRANTS the motion. 1. Factual Background For some reason, it dæs not appear that anything substantive happened in this case between August 3, 2020 and December 2, 2022, the time period between this court's (Judge Barrett's) order compelling arbitration and the date on which plaintiffs finally submitted a demand for arbitration to JAMS. Nevertheless, once that occurred, JAMS sent an invoice for a $6mo retainer to defendan...

Excerpt: ...of Fresno ("Dealer"). The Vehicle was manufactured by Ford Motor Company ("Ford"). Plaintiff entered a written "Retail Installment Contract—Simple Finance Charge (with arbitration provision)" ("RISC"). Immediately above the final buyer/co-buyer signature block, the RISC provides: YOU AGREE TO THE TERMS OF THIS CONTRACT. YOU CONFIRM THAT BEFORE YOU SIGNED THIS CONTRACT, WE GAVE IT TO you, AND YOU WERE FREE TO TAKE IT AND REVIEW IT. YOU ACKNOWLED...

Excerpt: ...uest that the Court correct this error pursuant to Code of Civil Procedure section 473(d) and impose $2,457,400 in fines. Code of Civil Procedure section 473(d) provides: "The court may, upon motion of the injured party, or its own motion, correct clerical mistakes in fts judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgmen...

Excerpt: ...e roadway causing severe and permanent injuries. (ld.) The pathway was owned, maintained, controlled, transferred, designed, built, patrolled, funded and/or operated by defendant City of Palo Alto ("City"). (See SAC, 2.) The accident was allegedly caused by City as it negligently designed, warned, failed to warn, constructed, created, maintained, repaired, owned, operated, controlled, signed and regulated the subject location, thereby creating a ...

Excerpt: .... Any party opposing the tentative ruling must call Department 20 at 408.808.6855 and the opposing party no later than 4:00 PM on 23 August 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motion of Plaintiff to Require Defendant Kuantsol Inc. to Advance Attorney's Fees And Costs to Alex Shahidi Pursuant to Indemnity Agreement. l. Statement of Facts. Plaintiff filed this complaint on 21 Febru...

Excerpt: ...ient on February 13, 2020 and was punched in the breast with a closed fist and insulted by the client after he became agitated. Familiar alleges Plaintiff entered a Personal Caregiver Employment Agreement on December 10, 2019 (the "Agreement"). Paragraph 6 of the Agreement contains a detailed arbitration clause that requires: All claims, disputes, controversies, or disagreements of any kind whatsoever ("Claims"), including any Claim arising out o...

Excerpt: ...g papers and $3,665 for the reply. Apart from a brief answer or two, Omega has admittedly failed to prov-de responses to nearly all of these interrogatories and requests, serving only objections. Omega offered to serve substantive responses to Ahedo by September 15, 2023, in exchange for Ahedo's willingness to take the motion off calendar. Ahedo declined. Notwithstanding the lack of any meaningful responses to date, Omega now seeks $5,649.20 in m...

Excerpt: ...llowing provisions: 3. Mutual Stay-Away Provision: The Parties agree not to contact the other, either directly or indyectly, in anyway, including but not limited to, in person, by telephone, in writing, by public or private mail, by interoffice mail, by email, by text message, by fax, or by any other electronic means. This is not an exclusive legal remedy for any future conduct. If the parties encounter one another by chance or accident, the part...

Excerpt: ...d (3) Defendants' demurrer to the First Amended Complaint ("FAC"). Pursuant to California Rule of Court 3.1308, the Court issues its tentative ruling. l. Background On May 24, 2007, Plaintiff executed a deed of trust ("DOT") encumbering the property at 1588 Calco Creek Drive in San Jose (the "Property") to secure a promissory note in the principal amount of $1 million (the "Note") from Washington Mutual. JP Morgan Chase ("Chase") later acquired t...

Excerpt: ...Trucking could bring. Plaintiffs request the court take judicial notice of the original complaint and the FAC. As they are court records, the request is GRANTED. Defendants request that the court take judicial notce of facts within court filed documents. This request is DENIED. The fact of the filings can be judicially noticed, but the court will not take judicial notice of the truth of the information in the records or of the interpretation of t...

Excerpt: ...l. (PAGA), Superior Court of California, County of San Mateo, Case No. 22-ClV-04928. Case No.: 22CV396584 The above- entitled action comes on for hearing before the Honorable Theodore C. Zayner on August 23, 2023, at 1:30 p.m. in Department 19. The court now issues its tentative ruling as follows: l. INTRODUCTION This coordinated action involves four cases: (1) Jesus Beltran v. Recology South Bay, et al. (Case No. 22CV396584, Santa Clara County S...

Excerpt: ... California Labor Code SS 510 and 1198 (Unpaid Overtime); (2) Violation of California Labor Code SS 226.7 and 512(a) (Unpaid Meal Period Premiums); (3) Violation of California Labor Code S 226.7 (Unpaid Rest Period Premiums); (4) Violation of California Labor Code SS 1194, 1197, and 1197.1 (Unpaid Minimum Wages); (5) Violation of California Labor Code SS 201 and 202 (Final Wages Not Timely Paid); (5) Violation of California Labor Code S 204 (Wage...

Excerpt: ...uying Practices Act ("CFD8PA" or the "Act," Civ. Code, SS 1788.50— 1788.66). The Class Action Complaint, filed on December 7, 2020, sets forth a cause of action for violation of Civil Code secton 1788.52, subdivision and asserts Plaintiff and the class are entitled to statutory damages and attorney's fees and costs under Civil Code section 1788.62, subdivisions (a)-( c). On February 23, 2022, the court granted Defendants' moton to seal financia...

Excerpt: ...old omitted), filed on March 23, 2023, sets forth the following causes of achon: (1) unpaid overtme (Lab. Code, SS 510, 1198); (2) unpaid minimum wages (Lab. Code, SS 1182.12, 1194, 1197, 1197.1, 1198); (3) failure to provide meal periods (Lab. Code, SS 226.7, 512, subd. (a), 516, 1198); (4) failure to authorize and permit rest periods (Lab. Code, SS 226.7, 516, 1198); (5) non-compliant wage statements and failure to maintain accurate payroll rec...

Excerpt: ...ty at 7177 Pitlochry Drive in Gilroy in 2004 with a loan through Greenpoint Mortgage Funding. (See complaint, 9- 10.) Defendant Nationstar Mortgage LLC ("Nationstar") is the servicer of the loan and defendant NBS Default Services LLC ("NBS") is the trustee. (See complaint, 10.) In 2015, Plaintiffs' mortgage payment increased and they fell into financial hardship. (See complaint, '1 11.) Plaintiffs requested mortgage assistance and were assigned T...

Excerpt: ...ny party opposing the tentatve ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 21 August 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order On Defendant Hi.Q, Inc.'s Demurrer To Plaintiff's Complaint. l. Statement of Facts. Plaintiff Osceola Lead Generation Holdings, LLC, d/b/a Quote.com ("Plaintiff"), a marketing services provider, brings this breach...

Excerpt: ...of themselves as individual shareholders and derivatively on behalf of all shareholders of VCI. (ld. at 45.) This action is brought against defendant Jenay A. Hoffman ("Jenay" or "Defendant"),l the personal representative of the Estate of James C. Hoffman ("Hoffman Estate") and the sole present Trustee of the Hoffman Trust. (FAC, 12.) VCI, a closed California corporation, is named as a nominal defendant. (ld. at '1 13.) b. General Allegations VCI...

Excerpt: ... party opposing the tentatve ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 21 August 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Orders On: (1) Demurrer ay Cradar.A1 LLC To The Complaint; and (2) Demurrer To Complaint By Defendants Eran Dor And Yekutiel Josefsberg. l. Statement of Facts. Plaintiff Dr. Tal Lavian ("Dr. Lavian") is an accomplished sc...

Excerpt: ...ehicle"). After Westlake failed to to discovery, the Court issued an order compelling Westlake to to request for of documents and special interrogatories and assessing $640 in sanctions against Westlake. On March 29, 2023, Westlake unilaterally filed a request for dismissal without prejudice. The dismissal was not a result of any settlement, and Ms. Rojas never communicated to Westlake that she was insolvent. Ms. Rojas, who was represented by sup...

Excerpt: ...havior by a senior executive as required by Samsung internal policies and was promptly fired in retaliation for this protected activity. Mo filed his Complaint on December 2, 2022, asserting (1) unlawful retaliation in violation of public policy, (2) wrongful termination in violation of public policy, and (3) discrimination and harassment. Defendant filed an answer on February 6, 2023, denying all allegations and asserting in its fifteenth affirm...

Excerpt: ... arbitration of Plaintiff's individual labor code and PAGA claims, to dismiss her class claims, and to stay her representative PAGA claim. The parties agree that Plaintiff signed a Mutual Agreement to Arbitrate on March 14, 2014 ("the Agreement"). Plaintiff contends the Agreement is superseded by Plaintiff's rejection of a subsequent arbitration agreement that was presented to her some time in 2018. Plaintiff also argues the Agreement is unconsci...

Excerpt: ...eet, 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 21 August 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motion Of Defendant Timothy Bumb to Compel the Deposition of Brian Bumb, to Provide Further Responses to Interrogatories, and to Compel Compliance with Privilege Log Agreement. l. Statement of ...

Excerpt: ...ifornia Rule of Court 3.1308, the Court issues its tentatve ruling. l. Background This action arises out of damages to the interior of a condominium unit caused by a fire sprinkler. According to the Complaint, Ms. Tham purchased real property located at 2078 Mendocino Lane in San Jose (the "Property") in 2008, at which time she became a member of the HOA (Complaint, 1, 12, 13.) On May 6, 2022, the HOA's contractor, Defendant Pacific Maintenance S...

Excerpt: ...et, San Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6855 and the opposing party no later than 4:00 PM on 21 August 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motion to Quash Deposition Subpoenas By Defendants Eran Dor and Yekutial Josefsberg. Defendants object to plaintiff's service of deposition subpoenas upon 19 separate entities. Defendants assert...

Excerpt: ...irst 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 21 August 2023. Please specify the issue to be contested when calling the Court and Counsel. moooOooom Order On Defendant GE Appliance, Inc.'s Motion To Strike Prayer for Punitive Damages From Plaintiffs' Complaint. Continued from 15 August 2023. l. Statement of Facts. On 4 May 2022, decedent Leoni...

Excerpt: ...threatening statements Defendant made to him after each assault. Plaintiff sought counseling over the years but has only recently realized how deeply the negative effects of these events have impacted him. Plaintiffs AC is detailed, revealing, and closes this way: My goal here is to find closure, compensation, for this to be a lesson for any victims out there that it is 0k to talk about it and they are due justice despite the time period since it...

Excerpt: ... residents of China, married in China in 2010 and began divorce proceedings in the country in 2019. (AC, "1 1, 2, 7, 8.) These proceedings concluded in 2021. (ld., 8.) Plaintiff alleges that Mr. Tuo "refused to divide and distribute the parties' [marital] properties located in the United States," which includes properties and assets in California, during divorce proceedings in China, and in doing so breached implied covenants between the parties ...

Excerpt: ...re to provde paid sick leave in violation of Labor Code 5246, (5) failure to provide accurate wage statements in violation of labor Code 5226(a), (6) failure to pay wages upon termination in violation of labor Code #201 and 202, (7) failure to reimburse business expenses in violation of Labor Code 52802, (8) conversion, and (9) violation of Business & professions Code 517200. These allegations were originally brought against Defendants, AJ's Rest...

Excerpt: ...ide IJI design services for his project, which would later become known as Zoom. (FAC, '1 18.) The emails designated Yu as a "UI consultant" and his job was to provide his professional opinions and make recommendations for improving the product's IJI (the "Product Development Services"). (FAC, '1 20.) The emails also indicated that Yuan promised Yu a Stock-for-Product Development Services arrangement (the "Agreement"), which provided that Yuan wo...

Excerpt: ...ents, and committed other wage and hour violations. Now before the Court is Plaintiffs' motion for preliminary approval of a settlement, which is unopposed. As discussed below, the Court GRANTS preliminary approval, in light of a supplemental declaration from Plaintiff's counsel that addressed certain issues identified below. BACKGROUND Plaintiff was employed by Defendant from April 2008 to October 2020 as a nonexempt employee in various position...

Excerpt: ...r deposition should wait until Defendant's health has recovered. Accordingly, Defendant asks that the motion be denied, that sanctions be denied, and that Defendant be allowed "ample opportunity" to address the Second Amended Complaint (SAC). First, the Second Amended Complaint does appear on the public portal and was filed June 26, 2020. Defendant answered the SAC on July 28, 2020. Defendant does not need to time to address the SAC as she alread...

Excerpt: ...to lead to admissible evidence. The phrase "relating to" is particularly extreme in its unbounded scope. Shojaee argues that he needs these documents in order to determine the total amount of vehicle sales while he was employed by MEI, so that he can properly calculate the commissions to which he believes he is entitled. MEI counters that it has already produced documents from its "Dealer Management Software" (DMS) system, including "gross sales ...

Excerpt: ...that plaintiffs' purchased. This motion is functionally identical to another moton filed by plaintiffs' counsel against GM in another case in this court (Case No. 22CV396285), except that other case involved a 2016 Chevrolet Silverado 1500, instead of a GMC Terrain. In that other case, the document requests at issue were identically numbered 37-41, and they likewise called for OBDII, vehicle symptom, vehicle component repair, customer complaint, ...

Excerpt: ...tion In this case, plaintiff Jain Family Investments, LLC ("JFI") seeks to ræover an alleged loan to defendant Pawan Agrawal ("Agrawal"). After JFI sent a demand letter to Agrawal seeking repayment, Agrawal conducted an online search for a business litigation attorney and found the Structure Law Group, LLP ("SLG"). He called SLG and to Robin Ratner about a possible response to the demand letter, and he claims that he disclosed confidential infor...

Excerpt: ...ER THIS CONTRACT, IN ANY CLAIM ARISING OUT OF THIS CONTRACT OR ITS BREACH, SHALL BE SUBMITTED TO BINDING ARBITRATION UPON THE WRITTEN REQUEST OF ONE PARTY AFTER THE SERVICE OF THAT REQUEST ON THE OTHER PARTY. THE PARTIES SHALL APPOINT A RETIRED SUPERIOR COURT JUDGE LOCATED IN SANTA CLARA COUNTY TO HEREIN DETERMINE THE DISPUTE. IF THE PARTIES CANNOT AGREE, THEN THE PRESIDING JUDGE OF THE SUPERIOR COURT OF SANTA CLARA COUNTY SHALL CHOOSE A RETIRED ...

Excerpt: ...C&Rs") to maintain the common areas—specifically, the swimming pool and spa—caused him injury in the form of lung disease. Hudspeth filed his original complaint on April 22, 2022. This was a form complaint alleging a single cause of action for "General Negligence" with an "Exemplary Damages Attachment" seeking punitive damages. Also attached was a copy of the Association's CC&Rs. The Association brought a motion to strike the request for puni...

Excerpt: ...lareh Homayounfar ("Wife") were married on August 21, 2016 in Washington D.C. (See complaint, 21.) In September 2017, they had their first child ("Child 1") and in the summer of 2018, Wife, Child 1 and Wife's mother, defendant Homa Homayounfar ("Homa") moved from Brooklyn, New York to a residence in Santa Clara that Husband was renting. (See complaint, 23-27.) In May 2021, Wife and Husband had a second child ("Child 2"). (See complaint, '1 41.) A...

Excerpt: ..."FCRA") and violations of wage and hour laws. The Class Action Complaint, filed on July 27, 2020, sets forth causes of action for: (1) Violation of 15 U.S.C. SS 1681b(b)(2)(A) (FCRA); (2) Failure to Provide Meal Periods (Lab. Code SS 204, 223, 226.7, 512 and 1198); (3) Failure to Provide Rest Periods (Lab. code SS 204, 223, 226.7 and 1198); (4) Failure to Pay Hourly wages (Lab. code 223, 510, 1194, 1194.2, 1197, 1997.1 and 1198); (5) Failure to P...

Excerpt: ...laint, filed by plaintiff Akimasia Walker ("Plaintiff") on January 20, 2023, sets forth a single cause of action for violation based on allegations that Defendant failed to timely pay wages, provde legally compliant meal and rest periods, pay wages during employment, reimburse necessary business expenses, pay wages due upon separation of employment, pay waiting tme penalties, furnish accurate wage statements, and maintain accurate records. Now be...

Excerpt: ...orth causes of achon for: (1) Violation of 15 U.S.C. SS (FCRA); and (2) Violation of 15 U.S.C. SS and 1681g(c) (FCRA). On November 18, 2020, the court issued its Order Deeming Case Complex and Staying Discovery and Responsive Pleading Deadline, which stayed all discovery in this case. On June 4, 2021, Plaintiff filed the operative First Amended Complaint, which sets forth causes of action for: (1) Violation of 15 U.S.C. (FCRA); and (2) Violation ...

Excerpt: ..."Bridges l" I—against defendants Premier Nissan of San Jose, LLC ("Premier Nissan SJ") and Troy Duhon ("Duhon") (collectively, "Defendants"). According to the allegations of Plaintiff's individual complaint, Defendants failed to provide Plaintiff all meal periods to which they were entitled, pay meal period premiums, provide employees all rest periods to which they were entitled, pay rest period premiums, pay minimum wages for all hours worked,...

Excerpt: ...irst 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 14 August 2023. Please specify the issue to be contested when calling the Court and Counsel. moooOoch3m Order On Defendant GE Appliance, Inc.'s Motion To Strike Prayer for Punitve Damages From Plaintiffs' Complaint. I. Statement of Facts. On 4 May 2022, decedent Leonid Samoylovich aka Joseph Dukhov...