Excerpt: ...nez (“Plaintiff”) brings this action for products liability and related claims against defendant Intuitive Surgical, Inc. (“Defendant”), the manufacturer of the da Vinci surgical robot used in Plaintiff's hysterectomy. On March 21, 2016, Plaintiff filed a Complaint against Defendant, alleging causes of action for: (1) Strict Products Liability – Design Defect; (2) Strict Products Liability – Failure to Warn; (3) Negligence; (4) Breach...

Excerpt: ...‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on May 25, 2022 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I. INTRODUCTION According to the allegations of the Complaint, filed on December 10, 2018, plaintiff and cross‐defendant Velocity Investments, LLC (“Velocity”) is the owner of debt owed by...

Excerpt: ...ative ruling as follows: I. INTRODUCTION This is a putative class and representative action arising out of various alleged wage and hour violations. The operative Second Amended Complaint (“SAC”), filed on January 20, 2022, sets 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 Necessary Bus...

Excerpt: ...�entitled action comes on for hearing before the Honorable Patricia M. Lucas on May 25, 2022 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class and representative action arising out various alleged wage and hour violations. Plaintiff Sheena Edwards (“Plaintiff”) filed her original complaint against defendants Absolute Senior Solutions and Elsousou LLC (collectively, “...

Excerpt: ...tment 3. The court now issues its tentative ruling as follows: I. INTRODUCTION On June 10, 2021, plaintiff Najee Slade (“Plaintiff”) filed a class action—Najee Slade v. Geodis Logistics, LLC, et al. (Santa Clara County Superior Court, Case No. 21CV382880) (“First Action”)—against defendants Geodis Logistics, LLC and Geodis USA, LLC (collectively, “Defendants”) alleging various wage and hour violations. Defendants removed the First...

Excerpt: ...as on May 25, 2022 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION Plaintiff James Robert Smith (“Plaintiff”) brings this putative class action against defendants K.B.R, Inc. d/b/a Rash Curtis & Associates (“K.B.R.”) and Terrence L. Paff (“Paff”) (collectively, “Defendants”) pursuant to the California Rosenthal Fair Debt Collection Practices Act, Civil Code sections 1788‐1788.3...

Excerpt: ... the Honorable Patricia M. Lucas on May 25, 2022 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I. INTRODUCTION According to the allegations of the Complaint, filed on September 20, 2016, plaintiff and cross‐defendant Velocity Investments, LLC (“Velocity”) is the owner of debt owed by defendant and cross‐complainant Maria Canu...

Excerpt: ...s sometimes referred to a proceeding in propria persona. “[W]hen a litigant is appearing in propria persona, he is entitled to the same, but no greater, consideration than other litigants and attorneys. Further, the in propria persona litigant is held to the same restrictive rules of procedure as an attorney.” (Burnete v. La Casa Dana Apartments (2007) 148 Cal.App.4th 1262, 1267, internal citations omitted).) The original complaint, a form co...

Excerpt: ...nas Markets Foundation (“Cardenas Foundation”), defendant Cardenas Markets, Inc. (“Cardenas Markets”), and defendant Salvador Lozano (“Lozano”), (collectively, “Defendants”) were one of the owners and/or managers of the Premises. (See FAC, ¶¶ 2, 8.) On December 2, 2021, Plaintiff filed the FAC against Defendants, asserting causes of action for (1) premises liability and (2) general negligence. Plaintiff filed an additional amend...

Excerpt: ...n”) requesting septic pumping services at Eastridge Mall. (Id.) The series of agreements consisted of hires, retentions, contracts, invoices and work orders for Plaintiff to perform remedial and pumpingrelated services, including emergency services and providing necessary materials and equipment to perform septic services. (Id.) At Horrigan's urgent oral requests, Plaintiff began and completed work on several septic issues for Defendant includi...

Excerpt: ...) Along with purchase of the Vehicle, Plaintiff received various written warranties and other express and implied warranties. (Id. at ¶¶ 7‐8.) Beginning on April 15, 2019, Plaintiff presented the Vehicle to defendants for repairs related to numerous defects, malfunctions, misadjustments, and/or nonconformities including, but not limited to, the Defective Transmission. (Complaint at ¶ 34.) The Defective Transmission presents a safety hazard b...

Excerpt: ...ith an emphasis in Organization Leadership and Management. (Complaint, ¶ 6.) In February 2017, while Plaintiff was working at Barton Hospital (“Barton”) in Lake Tahoe, she began speaking with recruiters about potential executive level positions at other hospitals. (Id.) Plaintiff first spoke with Greg Carlson (“Carlson”) from GHS Recruiting to discuss roles in California, including an open position for Chief Nursing Officer (“CNO”) a...

Excerpt: ... Le as he had an extra‐ marital relationship with Defendant when she allegedly breached their agreement and took control of the real property they had purchased together. In support of the motion, Plaintiffs make the following arguments: (1) CCP 1987.1 provides the basis for Plaintiffs to quash or seek to modify a subpoena: (2) the subpoena at issue violates the privacy rights of Plaintiff Le as it seeks information that is protected by the mar...

Excerpt: ...Pursuant to the agreement, Mr. Wieland, SoulMalas, and defendant Megan Wieland (“Mrs. Wieland”) (collectively, “Defendants”) agreed to pay $275,000, which was financed by a promissory note issued by Plaintiff for $75,000. (See complaint, ¶ 12.) According to the promissory note, Defendants were obligated to make monthly payments of $6,489.51 including 7% interest for 12 months. (See complaint, ¶ 13.) Defendants did not make the required ...

Excerpt: ... various Does, all based on Plaintiff being bitten by bedbugs while staying at the Hotel Vue: (1) Breach of the Implied Warranty of Habitability; (2) Battery; (3) Negligence (Premises Liability/Failure to Warn); (4) Nuisance; (5) Intentional Infliction of Emotional Distress; (6) Negligent Infliction of Emotional Distress; (7) Breach of Contract; (8) Breach of the Covenant of Quiet Enjoyment, and; (9) Fraudulent Concealment. On February 8, 2022 Pl...

Excerpt: ... and Lee Nora Filice (the “Filices”), grantors, and the State of California (the “State”), as grantee, executed a Grant Deed (recorded April 29, 1958) (the “Grant Deed”), which effectuated three transfers of various interests in real property owned by the Filices (the “Original Filice Land”). (FAC, ¶¶ 26‐27 and Exhibit 4.) The first transfer was of a fee interest in “Parcel 1” from the Filices to the State and was made for...

Excerpt: ... Plaintiff's Student Driver Trainee Program. (Id. at ¶ 5.) The program is required to apply for a commercial driver's license, which was required to operate a commercial bus for Plaintiff. (Ibid.) Upon completion of the program, Plaintiff had the option to hire the individual as a bus driver. (Ibid.) Defendant was offered temporary employment and an hourly wage of $10.30 for participating in the program. (Id. at ¶¶ 5‐6.) Defendant was inform...

Excerpt: ... Answer and Enter Validation Judgment by plaintiff The City of San Jose Factual and Procedural Background This is a complaint for validation brought by the City of San Jose (“City”). The City brings this action to determine the validity of the proceedings and obligations relating to the City's issuance of one or more series of pension obligation refunding bonds, execution of a trust agreement and a bond purchase agreement, and approving addit...

Excerpt: ...from her “in a series of illegal real estate/land acquisition schemes.” (FAC, ¶ 1.) Plaintiff initiated this action on April 8, 2019, and filed the operative FAC on July 8, 2019, asserting the following causes of action: (1) negligence; (2) breach of contract; (3) breach of fiduciary duty; (4) negligent infliction of emotional distress; (5) intentional infliction of emotional distress; (6) violations of Business & Professions Code, § 17200;...

Excerpt: ...May, 2015 through 2020, WSBC represented Plaintiff in the prosecution of her Petition to Reform a trust filed in 2012 in the San Mateo County Superior Court. Plaintiff's underlying Petition to Reform was filed to seek relief from various drafting mistakes made by Defendant and their attorney, Bruce Roberts, made in drafting the trust documents. Plaintiff's current malpractice action filed in June of 2021 seeks damages from the same drafting error...

Excerpt: ...ent Law, Set One; (2) Form Interrogatories—General, Set One; (3) Requests for Admission, Set One; (4) Requests for Production of Documents, Set One; and (5) Special Interrogatories, Set One. Plaintiff seeks monetary sanctions in connection with each motion. After failing to respond to attempts to schedule an informal discovery conference (“IDC”) concerning these motions and to appear at the last case management conference on February 24, 20...

Excerpt: ...he hook into Plaintiff's skull, causing substantial emotional and physical harm. (See complaint, third cause of action for IIED, ¶ IT1, subparas. 2‐5.) On October 8, 2019, Plaintiff filed a complaint against defendants Phan, Round Table Pizza, and Los Altos Round Table Pizza owners David and Pamela Levens, asserting causes of action for: 1) Negligence (against Round Table Pizza and David and Pamela Levens); 2) Battery (against Phan); and, 3) I...

Excerpt: ...ttorney, Scott Talkov (“Talkov”). Sherry joins in the motion for Appointment of a Discovery Referee but denies that she or Talkov are to blame for any conflict. Liu opposes the motion to compel and the request for sanctions contending that Mei's counsel's motion was unnecessary and premature. Sherry and Liu both seek monetary sanctions against Mei and her counsel. Because both motions overlap in terms of the parties and attorneys involved and...

Excerpt: ...Court is Plaintiff'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). I. BACKGROUND According to the operative complaint, Plaintiff worked for Defendants as a non‐exempt, hourly employee from November 19, 2018 to November 21, 2018...

Excerpt: ... Santa Clara County Superior Court case nos. 19CV349110 (Exhibit 1) and 20CV373193 (Exhibits 3‐6), and judgments entered in Santa Clara County Superior Court case nos 20CV361492 (Exhibit 2) and 20CV373013 (Exhibit 7) pursuant to Evidence Code section 452(d)(1). The actions involve plaintiff Mary Ly as a defendant brought by plaintiffs who are not parties to the instant lawsuit, and there is no offer of proof that the subject matter relates to t...