Excerpt: ...ryessa Flood Protection Project for the Santa Clara Valley Water District. (See complaint, ¶¶ 4, 6, exh. A.) Defendant performed laboratory tests to determine whether soil materials would meet the District's specifications for use in the levees being constructed by Plaintiff, including with respect to Atterberg Limits of the soil, and performed laboratory tests to provide Plaintiff with guidance on meeting soil compaction requirements in constr...

Excerpt: ...for sale, repair and service of vehicles manufactured by Ford. Ford and Crown are not signatory parties to the sales contract. The sales contract contains a provision for arbitration of any and all claims and disputes. On December 8, 2021, plaintiffs filed complaint against Ford and Crown, alleging against Ford violations of the Song‐Beverley Consumer Warranty Act, Civil Code sections 1790 et seq. (“Song‐Beverly Act”), alleging of three c...

Excerpt: ... A defendant prevailing on an anti‐SLAPP motion is entitled to recover attorneys' fees. (CCP §425.16(c)(1).) The award of fees to a prevailing defendant is mandatory. Marshall v. Webster (2020) 54 Cal.App.5th 275, 285. Attorney fee awards should be fully compensatory, and include compensation for all hours reasonably spent. Ketchum v. Moses (2001) 24 Cal.4th 1122, 1133. The court may use the "lodestar" method to compute the amount of the fee a...

Excerpt: ...g Santa Clara University (“SCU”) that is owned by the City/non‐party Valley Transportation Authority (“VTA”). According to the allegations of the Complaint, after a year of in‐person meetings and conversation with City officials, members of the VTA, SCU representatives and community leaders, on May 31, 2017, Richard Kramer (“Kramer”), Chairman of the family of companies that includes Plaintiff, sent the City a letter detailing a p...

Excerpt: ...sing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 01 June 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order On Demurrer and Motion of Defendant to Strike Plaintiff's Complaint. I. Statement of Facts. This is an auto accident case. On 26 August 2020, plaintiff John M. Millen (“Plaintiff”) was lawfully driving his car...

Excerpt: ...oss‐complainant Gangyou Wang's (“Wang”) (collectively “XComplainants”) application for an L‐1 non‐immigration U.S. visa and his related EB‐1 green card visa. (Complaint, ¶¶ 13‐14.) In 2013, Quintara was an established company, but needed capital to expand its business and solve a cash flow issue. (Complaint, ¶ 15.) Wang asked Dr. Shan, Quintara's co‐founder, whether Quintara needed investments and proposed a plan under whic...

Excerpt: ...ach of contract against defendant Mendelson only. On February 18, 2022, Mendelson and Brega each served notice of deposition of plaintiff's person most knowledgeable (“PMK”) with the depositions of plaintiff's PMK occurring on successive days. Plaintiff objected to the depositions, and meet and confer was unsuccessful in resolving the objections. As a result, on March 11, 2022, plaintiff filed the instant motion for protective order regarding...

Excerpt: ...sclosures in connection with background checks; and committed other wage and hour violations. Before the Court is Plaintiff's motion for preliminary approval of a settlement. As discussed below, the Court GRANTS preliminary approval, now that the parties have agreed to amend the release to conform with Amaro v. Anaheim Arena Management, LLC (2021) 69 Cal.App.5th 521 (Amaro). I. BACKGROUND According to the complaint, Defendant is a Delaware corpor...

Excerpt: ... 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 June 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order On Demurrer to the Complaint by Defendant ESA Management, LLC. I. Statement of Facts. This is a sexual assault action. According to the operative complaint, plaintiff Chantal Carmichael (“Pl...

Excerpt: ... limited liability company and a subsidiary of China Science and Merchant Investment Management Group Co. Ltd. (“CSC Group”), which is not a party to this case. (Cross‐Complaint, ¶ 2.) In April 2015, Wu was hired by CSC Group. (Cross‐ Complaint, ¶ 8.) She was elected a member of the Board of Directors, where she remained until September 2020. (Ibid.) On May 20, 2015, CSC Group established CSC Group International Corp. (“CSC Internatio...

Excerpt: ...vely, “Cross‐Complainants”). I. Background A. Factual 1. Complaint This is an action for breach of contract. According to the allegations of the complaint (“Complaint”), PAPO is the owner of CTC, a real estate development project located in Palo Alto which includes the premises located at 2108 El Camino Real, Palo Alto (the “Property”). On November 20, 2013, CTC, as landlord, and J&A Family Markets, Inc. (“J&A”), as tenant, ente...

Excerpt: ...ebruary 14, 2022. The factual and procedural background of the action and the Court's analysis of the settlement and settlement class are set forth in that order. Before the Court is Plaintiff's motion for final approval of the settlement and for approval of his attorney fees, costs, and service award. The motion is unopposed. As discussed below, the Court GRANTS final approval. I. LEGAL STANDARDS FOR SETTLEMENT APPROVAL A. Class Action Generally...

Excerpt: ... Sherry Clark during the course of employment. Trial has not been set. On March 25, 2022, plaintiff filed the instant motion for leave to amend complaint. On May 26, 2022, defendant United Rentals filed opposition, and on June 2, 2022 plaintiff filed reply. Analysis The motion seeks leave to amend complaint to allege additional facts and include in the prayer a request for exemplary damages against defendants United Rentals and Sumner. The papers...

Excerpt: ... Code of Civil Procedure Section 128.5 (“Section 128.5”) and Code of Civil Procedure Section 128.7 (“Section 128.7”). The Motions are opposed by Gandhi, Raber and Rimon on procedural and substantive grounds. Because the two motions arise out of the same operative facts and the motions share critical procedural requirements, the Court analyzes the motion together but will make separate rulings as to each motion. DISCUSSION A. Legal Standar...

Excerpt: ...y 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 June 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order Motion for Summary Judgment to the Complaint by Defendant 200 Serra Way, LLC. I. Statement of Facts. This is a personal injury case. On 8 October 2019, plaintiff Anil Kumar Bhatnagar (“Plaintiff”) ...

Excerpt: ...tlement. Even after issuing a tentative ruling directly to the parties and receiving a supplemental declaration,1 the Court still has questions about the settlement's structure, and therefore asks the parties to appear at the June 9 hearing. I. BACKGROUND According to the complaint, Defendants are in the industry of semiconductor and infrastructure software solutions. (Complaint, ¶ 2.) Plaintiff worked for Defendants during the relevant time per...

Excerpt: ...e and the federal Americans with Disabilities Act (“ADA”). Plaintiffs allege that this noncompliance has led to two lawsuits being filed against them in federal court on October 12, 2015 and December 7, 2016 (see First Amended Complaint [“FAC”] at ¶4).1 The FAC at ¶4 alleges that that both lawsuits (referred to as the “underlying actions”) were filed “[a]s a result of HNTB's errors, omissions and fraud.” The FAC at ¶34 alleges ...

Excerpt: ...was accompanied by express warranties that Hyundai undertook to preserve or maintain the utility or performance of the Vehicle or to provide compensation if there was a failure in such utility or performance. (Ibid.) The Vehicle was delivered to Natera with serious defects and nonconformities to warranty and developed other serious defects and nonconformities to warranty including, but not limited to, engine, transmission, electrical, and exterio...

Excerpt: ...ges, failure to compensate for meal and/or rest periods, and unfair business practices. On April 1, 2022, defendant filed the instant motion to compel arbitration and stay or dismiss proceedings. On May 26, 2022, plaintiff filed opposition and on June 2, 2022, defendant filed reply. Procedural issue In reply, defendant asserts that plaintiff's opposition was not timely served and afforded defendant only three days to file reply, and therefore, th...

Excerpt: ...defendant Sanctuary Systems LLC (“Sanctuary”). (Id.) Between January 2020 and April 2020, Sanctuary, defendant 305 Consulting LLC (“305 Consulting”), defendant Benham Pourdeyhimi (“Pourdeyhimi”), defendant Bryan Sigler (“Bryan”), and defendant Robert Sigler (“Robert”) made representations to Plaintiffs that: (1) Sanctuary was an industry leader in the design, manufacture, testing, and distribution of respiratory mask materials...

Excerpt: ... 2022, Gower filed opposition. Summary of contentions Plaintiff asserts that order sustaining the demurrer should be aside because Gower's demurrer was not brought within 30 days after Gower was served with the complaint, and therefore, the filing of the demurrer was untimely. Plaintiff believed that the court would recognize this and overrule the demurrer as untimely. The inference is that plaintiff was mistaken in his belief that no written opp...

Excerpt: ...ty opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 08 June 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion to Strike Plaintiff's Claim for Attorney's Fees in the Complaint by Defendant Shahnaz Massoumi Defaii. I. Statement of Facts. This is an action for conversion and breach of fiduciary duty. Accordi...

Excerpt: ...for hearing before the Honorable Patricia M. Lucas on June 8, 2022 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a representative action brought pursuant to the Private Attorneys General Act of 2004 (“PAGA”). According to the operative pleading, the Complaint filed on June 1, 2020, plaintiff Joshua Robinson (“Plaintiff”) was employed by defendants Stryker Corporation (“Stryke...

Excerpt: ... as follows: I. INTRODUCTION This is a putative class action. According to the allegations of the operative Third Amended Class Action Complaint for Damages and/or Declaratory Judgment and/or Injunctive Relief (“TAC”), filed on May 27, 2022, plaintiff Lowri McGill (“Plaintiff”) was a resident and tenant at a residential rental property known as Vine by Vintage. (TAC, ¶ 1.) Plaintiff has now vacated the unit. (Ibid.) 2 1 2 3 4 5 6 7 8 9 1...

Excerpt: ...t 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative consumer class action brought pursuant to the California Rosenthal Fair Debt Collection Practices Act (“RFDCPA”). Decedent Frederick Michele Brady (“Decedent”) filed this action seeking statutory damages against defendant Patenaude & Felix (“Defendant”) arising from its routine practice of sending initial written communications that fail to p...