Excerpt: ...INTRODUCTION This class and representative action arises out of various alleged wage and hour violations. Plaintiff Tiffany Soliman (“Plaintiff”) brings this action on behalf of herself and similarly situated employees, employed or formerly employed in California by defendant Satellite Healthcare, Inc. (“Defendant”), and not classified as exempt or primarily employed in the executive, professional, or administrative capacities (collective...

Excerpt: ...scheduled for hearing on 4/6/21. The Court ordered the parties to an IDC with a further order that if the IDC did not fully resolve the matter that a hearing would take place on all remaining matters. The Court ordered the parties to provide a 3 page non‐argumentative joint statement 10 days before the hearing explain what was resolved at the IDC and what remained to be heard. The Court set an initial return date of 5/20/21. At the parties' req...

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 June 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order Motion of Defendant Vladimir Westbrook to Consolidate with Case Number 22CV395708; Alternatively, Stay Related Action by Vladimir Westbrook. The current action, filed on 02 February 2021, is a comp...

Excerpt: ...nforcement of valid arbitration agreements. (Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 97, 99 Cal.Rptr.2d 745, 6 P.3d 669 (Armendariz), abrogated in part on another ground in **233 AT&T Mobility LLC v. Concepcion (2011) 563 U.S. 333, 339–340, 131 S.Ct. 1740, 179 L.Ed.2d 742.) The California Arbitration Act (CAA), Code of Civil Procedure1 section 1280 et seq., sets forth “a comprehensive scheme regulating p...

Excerpt: ...pposition, and on May 31, 2022, plaintiff filed reply. Plaintiff moves to sever/bifurcate for separate trial the cross‐ complaint of defendants. Plaintiff primarily asserts that bifurcation is necessary to avoid prejudice to plaintiff and to plaintiff's claims asserted in plaintiff's second amended complaint (“SAC”) from presentation of evidence to the jury concerning the cause of action in the cross‐complaint for intentional infliction o...

Excerpt: ...es acceptance of the terms of the agreement. (See Pl.'s separate statement of undisputed material facts, undisputed material fact no. (“UMF”) 2— common counts cause of action; UMF 2—breach of contract cause of action; see also Boston decl., ¶ 8, exhs. A, B.) The agreement also provided that Defendant would repay the principal amount plus any applicable interest and finance charges thereon. (See UMF 2—common counts cause of action; UMF ...

Excerpt: ...hicles at auction and resell them at a profit on a weekly basis. (Id.) Frasher agreed to a cash contribution of 50% of the purchase price at auction. (Id.) The profits would be divided equally each week between Frasher and the Shreims and, pending their sale, the vehicles would be stored at the Shreims' place of business, Seemocar. (Id.) Mohamad used Frasher's 50% of cash to take out a loan with Westlake Financial Flooring to pay for the entire c...

Excerpt: ... functional equivalent of a general demurrer. (Evans v. California Trailer Court, Inc. (1994) 28 Cal.App.4th 540, 548; Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999; Shea Homes Limited Partnership v. County of Alameda (2003) 110 Cal.App.4th 1246, 1254 (Shea).) A defendant can move for judgment on the pleadings on the grounds that (1) the court has no jurisdiction of the subject of the cause of action alleged in the complaint and/...

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: ...as formed in May 2020 by Plaintiffs Huang and Jin, and Defendants Hsiao and Fan to acquire a sushi restaurant, Sushi King. (FAC, ¶¶ 12‐13.) LLC would subsequently own and operate Sushi King under the name V Sushi. (Id. at ¶ 13.) V Sushi is located at 172 Ranch Drive in Milpitas (“the Property”). (Ibid.) Escrow for the Property was opened in June 2020 between Dunshi Corporation, the seller, and LLC, the buyer. (Id. at ¶ 14.) The purchase...

Excerpt: ... 12.) On September 8, 2019, Plaintiff left Jane Doe in the care of Defendant's son while she went to work. (Id. at ¶ 13.) On the way to picking up Plaintiff from work, Defendant's son opened a nanny camera app and saw Defendant at the foot of Jane Doe's bed. (Id. at ¶ 15.) Defendant's son began to record Defendant approaching Jane Doe while she slept, eventually recording Defendant touching Jane Doe's leg and masturbating to completion. (Id. at...

Excerpt: ...il 27, 2022. No opposition was filed. A failure to oppose a motion may be deemed a consent to the granting of the motion. CRC Rule 8.54c. Despite the fact that the motion is unopposed, the Court will still analyze Defendants' motion to determine if the requested relief is supported by the law and facts. Applicable Law CCP § 391.1, provides that on motion of a defendant, a court may require the posting of security by a plaintiff if it determines,...

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 27 May 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Demurrer and Motion to Strike to the Cross‐Complaint by Cross‐Defendant Aegis Security Insurance Company. I. Statement of Facts. This is an action for fraud, breach of ...

Excerpt: ...of Plaintiff's employment on July 29, 2019. (See FAC at ¶2.) Both the original complaint and the FAC list seven defendants on its caption page: Leland Stanford Junior University, Jane Duperrault, Larry Chu, M.D., Norma Leavitt, Susan Hoerger, Marc Tessier‐Lavigne, and Ronald Pearl. Currently before the Court is a demurrer to the FAC brought by all seven defendants (hereafter “Defendants”). Defendants' demurrer was filed on March 11, 2022. ...

Excerpt: ... for Plaintiff without Plaintiff's consent or knowledge. (Id.) In August 2019, Carpenter began the process of procuring two additional policies for $7,500,000 each through Lincoln Financial Group (“Lincoln policies”), representing to Plaintiff that the new policy would result in better returns and tax savings, and that he would do a 1035 exchange from the John Hancock Policy to the Lincoln policies for an estimated total of $162,000. (See com...

Excerpt: ... claim. Now before the Court is Plaintiff's motion to “reinstate” the class claim, deem the matter complex, and reassign the action to Department 1, based on MCM's failure to pay fees associated with the arbitration. MCM opposes Plaintiff's motion and urges that the Court should order the matter back to arbitration, or in any event should not reinstate the class claim. As discussed below, the Court DENIES Plaintiff's motion. It does not rule ...

Excerpt: ...aintiff's motion for preliminary approval of a settlement. As discussed below, the Court is inclined to grant preliminary approval, subject to the parties' agreement to amend the release to conform with Amaro v. Anaheim Arena Management, LLC (2021) 69 Cal.App.5th 521 (Amaro). (The Court understands the parties are talking about this issue and will provide an update at the June 2, 2022 hearing.) I. BACKGROUND According to the operative complaint, ...

Excerpt: ...e shifts, failed to reimburse them for business expenses, and committed other wage and hour violations. Before the Court is Plaintiffs' motion for preliminary approval of a settlement. As discussed below, the Court GRANTS preliminary approval. I. BACKGROUND According to the operative complaint, Defendants are an integrated enterprise operating a chain of Hispanic supermarkets, including at least six corporate entity defendants and three individua...

Excerpt: ...ssions (“discovery”). Responses to discovery were due from plaintiff on September 6, 2020. On December 8 2020, plaintiff served responses to the discovery. Defendant considered the responses deficient, and after unsuccessful meet and confer, on March 3, 2022, defendant filed the instant motions to compel further response from plaintiff (and produce documents) to the discovery. On May 24, 2022, plaintiff filed opposition, and on May 25, 2022, ...

Excerpt: ...tiff was a passenger on a motorcycle that was travelling southbound on US‐101 in the City of Mountain View. Plaintiff alleges the motorcycle encountered a deep cavity in the highway that caused the motorcyclist to lose control of the motorcycle and Plaintiff was ejected and fell onto the pavement and suffered injuries. The First Amended Complaint alleges that the physical condition of the roadway constituted a dangerous condition of public prop...

Excerpt: ...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 under the Private Attorneys General Act (“PAGA”) arising out various alleged wage and hour violations. Plaintiff Deangelo Daniels (“Plaintiff”) alleges that defendant Garuda Labs, Inc. dba Instawork (“Defendant”) hired him and other putative class members and misclassified them as independent contrac...

Excerpt: ...3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a representative action arising out of various wage and hour violations. Plaintiff Martha Cortez Benitez (“Plaintiff”) filed a complaint (“Complaint”) against defendant BPR Hotel Management, LLC (“Defendant”) on September 20, 2021, which sets forth a single cause of action for violation of the Private Attorneys General Act of 2004 (“PAGA”). 2 1 2 3 4 ...

Excerpt: ...ash based on Petitioners' failure to comply with the statutory requirements for service. On November 10, 2021, a three‐arbitrator panel served its final arbitration award, which triggered a 100 day period for Petitioners to serve and file a petition to challenge the award. Cal. Civ. Proc. Code § 1288. On the 99th day Petitioners commenced this action on February 17, 2022 by filing a Petition to Correct Arbitration Award (“Petition”). The P...

Excerpt: ...ived. Plaintiff also seeks an award of sanctions of $3,829 jointly and several against all Defendants for failing to respond to the discovery at issue and requiring Plaintiff to file the instant motion. DISCUSSION A. Legal Standard 1. Failure to Respond To Discovery Where discovery is properly served and the responding party fails to make any response, the law provides the following remedies: Requests for Production of Documents If a party to who...

Excerpt: ... to collide at the intersection of Branham and Sutcliff Avenue. (See complaint, ¶¶ 5‐7.) The impact was so severe that the airbags in plaintiff's car deployed and plaintiff's head and nose hit the airbag, causing plaintiff to lose unconsciousness and sustain a deviated septum, and suffer a traumatic brain injury. (See complaint, ¶ 8.) Defendant was on his mobile phone instead of concentrating on driving and the road. (See complaint, ¶ 10.) ...