Excerpt: ...that was undertaken by defendant from approximately April 2019 to September 2020 on property owned by defendant. To access defendant's property, defendant used a road which included a portion of a driveway owned by plaintiffs which defendant has an easement for egress and ingress. Defendant also has a second slope easement on plaintiff's property. The easements are similar in that defendant has the right to access the property of plaintiffs for t...

Excerpt: ..., 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. Order on Motion for Summary Judgment to the Complaint by Defendant Walter H. Robertson. I. Statement of Facts. This is a personal injury case. On 3 July 2019, plaintiff Juan Tinoco Hernandez (“Hernandez”) worked for ...

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: ...nd”), with each having a 50% interest. (See complaint, ¶ 8.) In 2004, Elizabeth and David were residents in Hong Kong but anticipated moving with their children to the United States. (See complaint, ¶ 13.) David believed that the family move to the United States would result in additional taxes on assets owned by David and Elizabeth, so David created trusts and other entities in the name of David's mother to hold—or pretend to hold—assets...

Excerpt: ... (on May 6, 2021). (FAC at p. 4.) The funds loaned on January 7th were tendered to Juo Hsu Chai's sister, defendant Yi‐Feng Chai, who was acting as Juo Hsu Chai's agent. (Id.) Upon receiving the $100,000 amounts, Juo Hsu Chai orally agreed with Plaintiff that those monies would be repaid by her on or before November 1, 2021, plus 1% interest thereon. After receiving the $25,000, Juo Hsu Chai also promised to repay Plaintiff all amounts ($225,00...

Excerpt: ... this action was filed on January 29, 2021. The operative pleading, the First Amended Complaint (“FAC”), was independently filed in November 29, 2021. Plaintiff was Decedent's caregiver, assistant, personal friend, and companion for over seven years. (FAC, ¶ 2.) Plaintiff worked for Decedent in consideration of a 50% interest in Decedent's will constituting Decedent's entire, exclusive estate plan, which was valued at $1,000,000.00. (Id. ¶�...

Excerpt: ...ented Defendant Paul Nguyen are not related. Plaintiffs' original complaint was filed on April 7, 2021. Their last operative pleading was the Second Amended Complaint (“SAC”) filed on August 31, 2021. Defendant Nguyen filed a demurrer to the SAC and motion to strike portions of the SAC which was scheduled for hearing on January 20, 2022. In advance of the hearing the Court (Hon. Kirwan) issued a tentative ruling that the demurrer was sustaine...

Excerpt: ... Plaintiff is a 51‐year old attorney licensed to practice law in Massachusetts. (Complaint, ¶ 10.) In 2018, Plaintiff was offered an opportunity of employment at an intellectual property law firm located in San Jose and subsequently moved to Santa Clara County to pursue it. (Id.) Plaintiff thereafter took the California Attorney Bar Examination, which is offered to attorneys already licensed to practice law in other jurisdictions, in July 2019...

Excerpt: ...2021, is another form complaint with a single attachment (labeled the “first” cause of action) that attempts to combine different legal theories into a single cause of action. Currently before the Court is the demurrer to the FAC brought by Defendant California Department of Transportation (“Caltrans”), by and through the State of California, filed on March 10, 2022. Plaintiff's opposition to the demurrer was filed on May 13, 2022. I. Dem...

Excerpt: ...ess of sale of vehicles manufactured by Ford and is an authorized Ford dealership and service facility. Neither Ford nor Gosch are 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, plaintiff filed complaint against Ford and Gosch, alleging against Ford violations of the Song‐Beverley Consumer Warranty Act Civil Code sections 1790 et seq. (“...

Excerpt: ...he Court preliminarily approved in an order filed on January 25, 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 Plaintiffs' motion for final approval of the settlement and for approval of their attorney fees, costs, and service awards. The motion is unopposed. As discussed below, the Court GRANTS final approval, albeit with ...

Excerpt: ... January 2002 through February 2021. (Complaint, ¶¶ 1, 11.) In November 2016, Plaintiff filed an age discrimination law suit against Defendant in federal court, case no. 5:16‐cv‐06866. (Complaint, ¶¶ 12, 35.) In February 2018, Plaintiff settled the federal law suit against the County. (Id. at ¶ 47.) Accordingly, Plaintiff alleges that he was engaged in continuous protected activity throughout the duration of the federal law suit. (Id. at...

Excerpt: ...ount/account stated). On October 12, 2021 Defendant filed an Answer to the Complaint stating several affirmative defenses including, as the seventh affirmative defense, the assertion that “there is no contractual relationship or agreement between the Plaintiff or the Plaintiff's assignor and the Defendant.”3 Currently before the Court is Plaintiff's motion for summary judgment. Defendant opposes the motion. I. Request for Judicial Notice “J...

Excerpt: ...t, ¶ 11.) On or about May 20, 2016, Plaintiff hired defendant Moorea Brega (“Brega”) as a Senior Director who executed an employment agreement and PIIA on the date of hire and was subsequently promoted to Vice President, Data Science. (Complaint ¶¶ 12‐13.) On or about July 31, 2017, Plaintiff hired defendant David Mendelson (“Mendelson”) as a Senior Director of Product who executed an employment agreement and PIIA on the date of hire...

Excerpt: ...ed Complaint (FAC) was filed on August 9, 2021. Defendants filed a demurrer on March 3, 2022. Plaintiff filed opposing papers on May 12, 2022, to which Defendants replied on May 19, 2022. From September 2014 to June 2020, Plaintiffs resided at the Property as tenants on an annual lease. (FAC ¶ 11.) The lease terms require Plaintiffs to pay a monthly rent of $2,474.00, and the security deposit was $750.00. (Ibid.) The lease also contained an atto...

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 25 May 2022. And Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order On Motion of Plaintiff for Attorneys Fees. The Tentative Ruling was duly posted. The motion is not opposed. I. Statement of Facts. Plaintiff seeks $36,844.67 in attorneys fees incurred in the pro...

Excerpt: ... by written “RETAIL INSTALLMENT SALE CONTRACT – SIMPLE FINANCE CHARGE” (with arbitration provision) (“RISC”). Plaintiff sued has sued KIA alone, alleging breach of warranty and other claims concerning the purchase and condition of the vehicle. The RISC contains an explicit arbitration provision. In signing the RISC, Plaintiff acknowledged that he read the contract, including the arbitration provision. The scope of the arbitrated dispute...

Excerpt: ...edural 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, “questions whether a [class action...

Excerpt: ...tion 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, “questions whether a [class action] settlement was fair and r...

Excerpt: ...…' [Citation.] However, the court's discretion will usually be exercised liberally to permit amendment of the pleadings. The policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified.” (Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428.) “Although courts are bound to apply a policy of great liberality in permitting amendments to the complaint at any stage of the proceeding...

Excerpt: ...y approval of a settlement.2 As discussed below, the Court GRANTS preliminary approval. I. BACKGROUND As alleged in the operative complaint, Defendants own and operate facilities that provide catering and café management services in California. (Class Action Complaint, ¶ 36.) Cosmopolitan is a Silicon Valley‐based, full‐service catering and café management company (id. at ¶¶ 38‐39), while LGC is a national staffing agency in the fields...

Excerpt: ...of action: (1) Negligence (based on the duty owed by a common carrier), and; (2) Premises Liability. On June 9, 2021 Plaintiff dismissed her second cause of action, leaving only the Negligence claim alleged against Defendant. The first cause of action alleges, on information and belief only, that Defendant was negligent in maintaining the bus stairs, and that they were in an unspecified “dangerous and defective condition” when Plaintiff fell....

Excerpt: ...sing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 25 May 2022. And Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order Motion of Plaintiff to Quash Subpoena/ For a Protective Order. I. Statement of Facts. The facts of this matter are well‐known to this Court. Defendant states on several opportunities that plaintiff is a vexat...

Excerpt: ...lso demurs to the Complaint and moves to strike the Complaint pursuant to Code of Civil Procedure section 425.16. I. Background A. Factual This is an action for malicious prosecution. According to the allegations of the Complaint, in 2015, Kondori's home owners' association hired John Sachs (“Sachs”) to do some plumbing in Kondori's condominium. (Complaint, ¶ 11.) Sachs' work was allegedly defective and caused various damages to Kondori, who...

Excerpt: ...l principal Martin Chargin (“Chargin”) continuously assured Plaintiff both orally and in writing that her pay was $22 per hour. (See complaint, ¶ 22.) However, despite these assurances, Plaintiff never received $22 per hour, and Plaintiff filed a claim with the California Department of Labor. (Id.) Moreover, Church denied Plaintiff proper meal breaks, rest breaks and failed to pay Plaintiff properly— disallowing Plaintiff to properly clock...