Excerpt: ...t motion. In the alternative, Yau requests reconsideration of the court's order granting the motion to quash under Code of Civil Procedure section 1008. The court GRANTS the motion under section 473(b) and sets a new hearing on Defendants' motion to quash for February 29, 2024 at 9:00 a.m. in Department 10. Defendants argue that relief is unavailable under section 473 and that Yau's current motion is properly one for reconsideration only, but the...

Excerpt: ...tiff Priscilla Johnson's motion for class certification, which is opposed by Defendants. As discussed below, the Court GRANTS Plaintiff's motion. l. BACKGROUND A. Factual As alleged in the operative class action complaint, in November 2019, Plaintiff rented a residential apartment in a building SCK owns in Milpitas (the "Premises") and paid a $995 security deposit. (Class Action Complaint, 2—3, 5, 18—20.) When she vacated her apartment on Jun...

Excerpt: ... Craig urban, co- founded and co-owned: the complaint sets forth two causes of action for professional negligence against Cheng. Cheng now argues—with no explanation as to why this argument is being raised here for the first time, nearly two and a half years after this court (Judge Kirwan) overruled her demurrer to the complaint— that Scott Urban should have named two other parties as defendants in his complaint: Craig Urban and CH Pension Se...

Excerpt: ...alking northbound on the sidewalk of Church Street in Morgan Hill when she tripped on a protruding segment sidewalk. (Compl„ p. 4, L-1.) Plaintiff fell, landed on her face, and suffered a broken nose and severe face bruising. (Ibid.) On March 17, 2023, Plaintiff filed a Judicial Form Complaint against Crosscomplainants and the City asserting causes of action for premises liability and negligence. On June 7, 2023, Cross-complainants filed their ...

Excerpt: ...tiffs, Jesse Granato, Stephanie Landrum, Selestia Ordway and Janice Zarad, at various dates between January 2021 and October 2021, contacted Apple and/or visited its stores due to issues with the iPhones that they had purchased, including broken screens and cameras. None of these issues were covered by the One-Year Limited Warranty that came with the phones, and Plaintiffs either paid Apple to make repairs or, in the case of Selestia Ordway, decl...

Excerpt: ...osing the tentative ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 10 January 2024. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order On Demurrer to Plaintiffs First Amended Complaint by Defendants Covidien Holding lnc and Medronic USA INC and Covidien L.P Covidien lnc, Covidien LLC, Medtronic PLC, U.S Surgical Corp and Sofradim Production SAS. l. Stateme...

Excerpt: ...s where Mummah resided at the outset of the action. On April 22, 2022, Li filed the operative first amended complaint for declaratory relief ("FAC"). On September 2, 2022, Mummah filed an answer to the FAC and a cross- complaint alleging a violation of the federal and California Fair Debt Collection Practices Acts. On March 6, 2023, Li filed a motion for judgment on the pleadings ("JOP motion") versus the answer on two grounds: 1) that the answer...

Excerpt: ...o market and sell their property (the "Property"), through real estate agents Janet Dayton ("Ms. Dayton") and Joe Alderese ("Mr. Alderese"). (SAXC, '1 9.) Intero and the Roaches subsequently entered into a Residential Listing Agreement. (ld. at 10.) Mr. Alderese observed that the Roaches drove to and from the Property via Reynolds Drive and Montgomery Roach told Mr. Alderese that the Property could be accessed on Carlson Drive. (SAXC, 12-14.) Bas...

Excerpt: ...below, the Court GRANTS the motion. l. BACKGROUND Plaintiff was employed by Defendant as an hourly, non-exempt employee. (First Amended Class Action Complaint ("FAC"), 8, 14.) According to Plaintiff, Defendant failed to pay employees for all hours worked and failed to provide them with meal periods and permit rest breaks. (ld., '1 15.) Employees worked for Defendant more than eight hours per day or 40 hours per week but Defendant failed to pay ov...

Excerpt: ... which is unopposed. As discussed below, if satisfactory clarification is provided concerning whether the notice will be provided in languages other than English, the Court is inclined to GRANT the moton. I. BACKGROUND On November 17, 2022, Plaintiff filed a class action and PAGA complaint accusing Defendant of failing to: properly pay overtime wages, provide meal periods, authorize and permit rest breaks, properly pay meal and rest break premium...

Excerpt: ...C"), filed on June 7, 2021, states four causes of acton: (1) Assault and Battery (against Don only); (2) Intentional Infliction of Emotional Distress (against Don only); (3) Negligence and Negligence Per Se (against Don only); and (4) Negligent Supervision (against Glenna and Napoleon Francisco (Don's parents) and Kelly Ng (Don's girlfriend)). The FAC alleges that Don sexually assaulted Jane Doe 1 "[flor approximately four years" starting when sh...

Excerpt: ...s discussed below, the motion is GRANTED. l. BACKGROUND According to the allegations of the operative complaint ("Complaint"), on July 6, 2017, the Property was sold to U.S. Bank at a trustee's sale under a power of sale contained in a deed of trust executed by Defendant on January 10, 2007. (Complaint, '1 5, Exhibit 1.) U.S. Bank alleges that it duly perfected its title by recording the Trustee's Deed upon Sale on July 20, 2017. (Id„ 6, Exhibi...

Excerpt: ...nker document log that are not privileged. D. A motion by Silvaco/K. Pesic to compel production of documents against Mr. Andersen. I. Mr. Anderson's Motion to Compel After reviewing the parties' briefs and the record, the Court makes the following findings/rulings: 1. The Court will interpret Mr. Andersen's motion as a moton seeking further document responses, as well as a motion for production of documents. 2. RFPs 108-114 are overbroad. Mr. And...

Excerpt: ...ft Hotel in Sunnyvale (the "Project"). (Complaint, 8.) S.D. Deacon ("Deacon") had subcontracts with defendants DKS, Inc. ("DKS") and Cal-Delta Plumbing Inc. ("Cal-Delta") to perform the plumbing work. (Complaint, 10.) The agreements included an obligation to indemnify and defend Deacon, as well as to obtain insurance and name Deacon as an additional insured on that insurance. (Ibid.) DKS and Cal-Delta caused and/or contributed to the damages to t...

Excerpt: ...n Jose ("CP Property"). Defendant owns the real property and improvements located at 6059 Cahalan Avenue in San Jose ("STTS Property"). CP Property and STTS Property are adjacent to each other, and together they project the appearance of a single shopping center. Both properties are subject to a recorded Reciprocal Easement Agreement and Declaration of Restriction ("REA"). (FAC "11, 2, 5; Ex. A.) On June 14, 2016, both properties were severely da...

Excerpt: ... 2023, sets forth causes of achon for: (1) Violation of Cal. Labor Code SS 510 and 1198 (Unpaid Overtime); (2) Violation of Cal. Labor Code SS 226.7 and 512, subd. (a) (Unpaid Meal Period Premiums); (3) Violation of Cal. Labor Code S 226.7 (Unpaid Rest Period Premiums); (4) Violation of Cal. Labor Code SS 1194, 1197, and 1197.1 (Unpaid Minimum Wages); (5) Violation of Cal. Labor Code SS 201, 202, and 203 (Final Wages Not Timely Paid); (6) Violati...

Excerpt: ...ious wage and hour violations. The Complaint, filed on August 1, 2019, sets forth claims for: (1) Violation of California Labor Code SS 510 and 1198 (unpaid overtime); (2) Violation of California Labor Code SS 226.7 and 512(a) (failure to provide meal periods); (3) Violation of California Labor Code S 226.7 (failure to provide rest periods); (4) Violation of California Labor Code SS 1194, 1197 and 1197.1 (unpaid minimum wages); (5) Violation of C...

Excerpt: ...ts forth the following causes of action: (1) Failure to Pay All Minimum Wages; (2) Failure to Pay All Overtime Wages; (3) Rest Period Violations; (4) Meal Period Violations; (5) Wage Statement Violations; (6) Failure to Reimburse for Necessary Business Expenses; (7) Waiting Time Penalties; (8) Failure to Timely Pay Wages During Employment; (9) Unfair Competition; and (10) PAGA Penalties. The parties reached a settlement. Plaintiffs Erlinda Reyes ...

Excerpt: ...vil Penalties Under the Private Attorneys General Act (Labor Code SS 2698, et seq.). Defendant C2 Educational Systems, Inc. ("Defendant") now moves for an order compelling Plaintiff to arbitrate her individual PAGA claim and staying her representative PAGA claim. Plaintiff opposes the motion. II. LEGAL STANDARD "The FAA [Federal Arbitration Act], which includes both procedural and substantive provisions, governs [arbitration] agreements involving...

Excerpt: ...CS's Head of People Operations and Plaintiff's manager. (ld. 5-6.) Plaintiff alleges Hu and Beisel are joint employers with CS. (ld. 4-6.) The Complaint, filed on April 4, 2023, alleges causes of acton for: (1) Discrimination Based on Pregnancy; (2) Failure to Accommodate; (3) CFRA Interference; (4) CFRA Retaliation; (5) Discriminaton Based on Sex; (6) Wrongful Termination in Violation of Public Policy; (7) Retaliation; (8) Failure to Prevent Dis...

Excerpt: ...Plaintiff 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, "Rivian") are a prospective elect...

Excerpt: ...2) Arvind Srinivasan 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); and (5) Arvind Srinivasan v. ZL Technologies, Inc. (Case No. 21CV382329). On August 29, 2022, the court (Hon. Patricia M. Lucas) entered an Order Re: Pretrial and Trial Dates, which set the date for completion of written disc...

Excerpt: ...with a group called MVLA Neighborhood Cares. (See SAC, '1 18, exh. 2.) District has failed to take the necessary steps as promised to manage traffic and parking and respond to complaints within five days, instead actively ignoring and retaliating against Plaintiff's attempts at communicaton. (See SAC, 19-20.) On February 19, 2022, Plaintiff allegedly engaged in a third peaceful "protest" on the MVHS football field, interfering with games on the f...

Excerpt: ...rty opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 08 January 2024. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Orders On Defendant Sl 51, LLC's Demurrer and Motion To Strike. l. Statement of Facts This is a landlord-tenant matter. Plaintiffs Linda Thy and her minor child (collectively, "Plaintiffs") lived in a rental property locat...

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 08 January 2024. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motion of Plaintiff For Preferential Trial Setting. l. Statement of Facts. Plaintiff filed this complaint for damages and equitable relief on 28 July 2023.11 The complaint generally alleges that plaintiff is c...

Excerpt: ... employee, and/or authorized agent of PCM. (ld. at 10.) On or around January 9, 2007, Nguyen incurred a financial obligation in the form of a Home Equity Line of Credit ("HELOC") issued by JPMORGAN CHASE BANK, N.A. ("Chase Bank"). (FAXC, 14.) On or around May 31, 2009, Nguyen made his last payment to Chase Bank and no further payments were made. (FAXC, '1 15.) On or around October 15, 2019, the debt was sold or resold to PCM for collection purpos...

Excerpt: ...tal consultant initially detected hazardous substances contamination in the subsurface of the Site, detecting PCE and its degradation products, including trichloroethylene (TCE), in excess of the legal screening level for these chemicals. (See SAC, 33.) upon discovery of contamination at the Site, Plaintiff retained environmental consultant Genesis Engineering & Redevelopment, Inc. ("Genesis") to perform an investigation pursuant to the requireme...

Excerpt: ...n 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 08 January 2024. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order Motion of Defendant/cross- Complainant Ninos Ternian To Deem Cases to Be Related. l. Statement of Facts. These two brothers have been involved in similar litigation in four different lawsuits. The third...

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 08 January 2024. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order On Motion of Defendants to Compel Arbitration. I. Statement of Facts. This action was filed on 21 February 2023.5 The 33-page complaint alleges causes of action for: 1. Breach of Contract, the "Agreement to P...

Excerpt: ...aches a January 2019 asset purchase agreement that governs the sale of "A Special Place Schools" by Allen to Devinder and Anoma Singh for $285,000.00 (the "Agreement"). (See Complaint, 8-10, Exhibit 1.) According to the complaint, the Agreement provided that Amazing Stars would tender $185,000.00 in cash to Allen and pay the remaining $100,000.00 through monthly installments over a 36-month period at a seven percent annual interest rate (the "Car...

Excerpt: ... Nguyen (Nguyen's wife) and Nguyen Thi Ngoc Qui (Nguyen's daughter). In addition, these cases include cross- complaints involving several of the same parties, as well as Little Saigon Plaza Sacramento LLC ("Little Saigon"), a former "partnership" between Luong and Nguyen that Luong apparently now controls. In each of these cases, Nguyen previously filed a "Motion to Set Aside Default, Default Judgment, Summary Adjudications, Charging Orders, and ...

Excerpt: ...ney's fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorney's fees reasonable in relation to the work expended and costs"][emphasis added].) Cross-complainant's memo in support of his moton likewise request attorney's fees pursuant to section 1692k, subd. (a)(3). (See Cross-complainant's Memo, pp. 31:15-3...

Excerpt: ... This action arises out of a tenant's purported failure to pay rent and other amounts due under a commercial lease. According to the Complaint, Plaintiff owns property located at 580-K N. Rengstorff Avenue in Mountain View (the "Premises"). (Complaint, 91.) On September 15, 2016, Plaintiff ROIC Pinole Vista, LLC's ("ROIC") predecessor-in-interest and Defendants Oscar Munoz, Raquel Munoz and Taqueria La Bamba, LCC (the "Taqueria") entered a writte...

Excerpt: ...ses of action for breach of contract and common counts. Plaintiff moves for summary judgment. l. PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Plaintiff's burden on summary adjudication The moving party bears the initial burden of production to make a prima facie showing that there are no triable issues of material fact—one sufficient to support the position of the party in question that no more is called for. (Aguilar v. Atlantic Richfield Co. (2001...

Excerpt: ...ing party. Thuerk now seeks attorney's fees in the amount of $75,037, plus $11,059.15 in costs. The court GRANTS in part and DENIES in part the motion. There is no dispute that Thuerk is entitled to attorney's fees; the only dispute between the parties is over the amount of those fees. The court finds that Thuerk's counsel's billing rates are reasonable for this type of case ($300-$625 per hour). Indeed, the court has found similar rates to be re...

Excerpt: ...ors or co-obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co-obligors." If the trial court makes a finding of good faith, then that determination "shall bar any other joint tortfeasor or co-obligor from any further claims against the settling tortfeasor or co-obligor for equitable comparative contributio...

Excerpt: ...th District Court of Appeal ("Court of Appeal") and Plaintiff later cross-appealed. While the appeal was pending, the parties negotiated a settlement. Before the Court is Plaintiff's motion for final approval of settlement and motion for attorney's fees, costs and incentve award, both of which are unopposed. For the reasons discussed below, the Court GRANTS the motions. l. BACKGROUND In 2015, Plaintiff filed the lead case (the "2016 Acton"). In 2...

Excerpt: ...2 through 823, public entity liability based on the torts of government employees and/or government contractors under Government Code sections 815.2 and 815.4 and Vehicle Code section 17001. On July 15, 2021, Defendant filed an answer. On December 19, 2022, the Court granted Defendant's motion to compel responses to form interrogatories (set two) and ordered Plaintiff to serve code- compliant discovery responses within 30 days. On January 19, 202...

Excerpt: ...TMS. The court finds that MCI has moved promptly to bring this proposed amendment and that granting it will not prejudice any other party. The court grants the motion, except to the extent that purports to add Taylor Morrison of California, LLC ("TMC") as a cross-defendant. This motion was alluded to in the briefing on TMC and TMS's motion for determination of good-faith settlement, which was heard by the court on November 28, 2023. It was the co...

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: ...4.) Pursuant to the Ground Lease, the lessor provided plaintiff Bay 101 with an option to purchase the Original Premises for $15,245,000. ("Original Option Agreement"). (Complaint, "4 — 5.) On or about 15 November 1993, plaintiff Bay 101, as tenant, and Bumb & Associates, as landlord, entered into a lease ("Building Lease") whereby Bumb & Associates agreed to lease to plaintiff Bay 101 a to-be-constructed two-story, 75,000 square foot building ...

Excerpt: ...nspect, maintain, monitor, and keep free from hazards an area of landscape adjacent to the sidewalk which had landscaping bender board protruding from the ground and encroaching onto the sidewalk in the area nearest the Property's driveway. (Ibid.) The protruding bender board was a hidden and dangerous obstacle to Plaintiff and proximately caused Plaintiff to trip, fall, and sustain injuries to her health, strength, and activity. (Complaint, 6, 1...

Excerpt: ...njured three victims and killed two others. Grace Solutions provides emergency shelter for the unhoused throughout San Jose, CA. (Grace Solutions Reply to James Chelley's Opposition to Separate Statement of Undisputed Facts "RSSUF" Nos. 1 & 2.) In 2021, Grace Solutions entered into an agreement with Defendant GRACE BAPTIST CHURCH to utilize their space for Grace Solutions' emergency shelter for the unhoused. (RSSLJF No. 3.) At the time of the inc...

Excerpt: ...c and Legislative Affairs Division ("Division") of the Registrar of Voters ("ROV"). (FAC, 915.) Defendant County originally hired Plaintiff as a temporary employee or what defendant County refers to as an extra help appointment. (ld.) In August 2019, Plaintiff began reporting to defendant Evelyn Mendez ("Mendez") who recognized Plaintiff's value to the Div-sion/ ROV. (FAC, 916.) For instance, during her time managing the ROV's social media, Plain...

Excerpt: ... Cloud to store data made the Technology potentially lucrative. (Ibid.) In April 2015, Plaintiff validated the commercial feasibility of the Technology and began working full time to develop a prototype. (FAC at 10.) In that regard, Plaintiff desired to create a team to help develop the prototype. (Ibid.) Plaintiff had previously met defendant Balaji Parimi ("Parimi") in 2000 and the two had prior work experience in the technology sector and star...

Excerpt: ...h includes the following arbitration provision: BINDING ARBITRATION FOR CALIFORNIA VEHICLES ONLY PLEASE READ THIS SECTION IN ITS ENTIRETY AS IT AFFECTS YOUR RIGHTS THIS SECTION DOES NOT PRECLUDE YOU FROM FIRST PURSUING ALTERNATIVE DISPUTE RESOLUTION THROUGH BBB AUTO LINE AS DESCRIBED IN THE "ALTERNATIVE DISPUTE RESOLUTION" PROVISION IN SECTION 3 OF THIS HANDBOOK. If you purchased or leased your Gensis vehicle in the State of California, you and w...

Excerpt: ...Roes 1-25 for indemnity, declaratory relief, contribution, and apportionment of negligence. On March 8, 2023, Carbone and Porsche filed an answer. On March 28, 2023, Carbone amended the complaint to include Defendant Lyft, Inc. (“Lyft”) as Doe 1. On June 23, 2023, Lyft filed an answer. On September 29, 2023, the Court found that this case (22STCV36892) and case number 22STCV21671 are related within the meaning of California Rules of Court, ru...

Excerpt: ...Roes 1-25 for indemnity, declaratory relief, contribution, and apportionment of negligence. On March 8, 2023, Carbone and Porsche filed an answer. On March 28, 2023, Carbone amended the complaint to include Defendant Lyft, Inc. (“Lyft”) as Doe 1. On June 23, 2023, Lyft filed an answer. On September 29, 2023, the Court found that this case (22STCV36892) and case number 22STCV21671 are related within the meaning of California Rules of Court, ru...

Excerpt: ...ina is over the age of 80. (ld. 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 and move into Plaintiffs' unit. (FAC, 12.) The Property owner, and manager, had knowledge that the owner would not actually move into the Plaintiffs' unit and the owners had no legal basis for evicting Plaintiffs. (ld. at 13, 14.) upon eviction, ...

Excerpt: ...led by (1) the County of Santa Clara (the "County"), (2) the universal Protectionaffiliated Defendants, and (3) the VTA, all of which are opposed by Ms. Gil. As discussed below, the County and Universal Protection's demurrers to the SAC are SUSTAINED WITHOUT LEAVE TO AMEND and the VTA's demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the fourth cause of action and SUSTAINED WITH 30 DAYS' LEAVE TO AMEND as to the first, second and third causes ...