Excerpt: ...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 April 2022. And Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Orders on Defendant's: 1. Demurrer to First Amended Complaint; and 2. Motion to Strike Portions of Plaintiff's First Amended Complaint. I. Statement of Facts. Defendant Julie Eagleton (“Eagleton”) was...

Excerpt: ...l distress, negligent infliction of emotional distress, and conversion. The action pertains to the residential real property on Birch Street in San Jose, CA, and the parties' respective rights and obligations in connection with the subject property. On November 18, 2021, defendants filed the instant motion to compel attendance of plaintiff Rogelina Camacho Solorio (“plaintiff Rogelina Solorio”). Each defendant is represented independently by ...

Excerpt: ...s, among other wage and hour violations. Before the Court is Plaintiffs' motion for preliminary approval of a settlement, which is unopposed. After reviewing the motion, the Court requested some changes, and informed the parties of the reasons why. In response, Plaintiffs made many of the requested changes. The Court therefore GRANTS Plaintiffs' motion I. BACKGROUND A. Factual As alleged in the operative Third Amended Complaint (“TAC”), Suref...

Excerpt: ...tual 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 her attorney fees, costs, and service award. The motion is unopposed. As discussed below, the Court GRANTS final approval. I. LEGAL STANDARDS FOR SETTLEMENT APPROVAL Generally, “questions whether a [class action] s...

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 20 April 2022. And Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Demurrer to the Complaint by Defendants Power Integrations, Inc. and Douglas Bailey. I. Statement of Facts. This is an employment action for age and disability discrimination. According to ...

Excerpt: ... opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 20 April 2022. And Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order Motion of Plaintiff to Set Aside the Dismissal of Complaint. Personal Appearance of Counsel for Moving Party Required. I. Statement of Facts. Plaintiff filed this complaint on 10 July 2020.4 Counsel for ...

Excerpt: ... of the alleged misappropriation of trade secrets owned by plaintiff Tesla, Inc. (“Plaintiff”). The operative Fourth Amended Complaint, filed on September 29, 2021, sets forth causes of action for: (1) Violation of the Uniform Trade Secrets Act (Cal. Civ. Code § 3426 et seq.); (2) Breach of Contract; and (3) Violation of California Computer Access and Fraud Act (Cal. Pen. Code § 520 et seq.). 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1...

Excerpt: ...s its tentative ruling as follows: I. INTRODUCTION This is a class and representative action arising out of various alleged wage and hour violations by defendant Velodyne Lidar, Inc. (“Defendant”). The operative First Amended Complaint (“FAC”), filed on October 13, 2020, sets forth the following causes of action: (1) Failure to Pay Minimum and Straight Time Wages (Cal. Lab. Code §§ 204, 1194, 1194.2, and 1197); (2) Failure to Pay Overti...

Excerpt: ...n for hearing before the Honorable Patricia M. Lucas on April 20, 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. The First Amended Class Action Complaint, filed by plaintiff Tina Talmoud (“Plaintiff”) on May 22, 2020, sets forth the following causes of action: (1) Violation of Calif...

Excerpt: ...�complainants filed answer and cross‐complaint against crossdefendants alleging causes of action for breach of agreement, promissory fraud, conversion, unjust enrichment, specific performance, violation of penal code section 496, malicious prosecution, abuse of process, and declaratory relief. The subject matter that is the basis of the complaint and cross‐complaint is a joint venture and oral agreement between the parties concerning rights a...

Excerpt: ... 2021, Plaintiff Wu alleges Defendant CSC Group hired Plaintiff Wu as Co‐President in April 2015 to lead a $1 billion venture capital investment project in the U.S. (TAC, ¶¶ 19‐20.) Plaintiff Wu alleges she established a $100 million fund called CSC Upshot Ventures I, LLP (“Upshot”), for which CSC Group was obligated to fund the full $100 million. (Id. at ¶ 22.) Plaintiff Wu served as CSC Group's “designee” for Upshot and made inve...

Excerpt: ...rth 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 20 April 2022. And Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order On Defendant California Physicians' Service's Demurrer to Plaintiff's First Amended Complaint. I. Statement of Facts. Prior to 1 January 2016, defendant California Ph...

Excerpt: ...Gandhi co‐own Defendant HCI.2 (SAC, ¶ 6.) The SAC contends that Wu and Gandhi engaged in multiple instances of self‐ dealing and other wrongdoing. In April 2015, Wu was hired by CSC Group. (SAC, ¶ 11.) She was elected a member of the Board of Directors (“Board”) and she remained on the Board until September 2020. (Ibid.) On May 20, 2015, CSC Group established CSC Group International Corp. (“CSC International”), which was Hone Capita...

Excerpt: ...nt in a movie “Slamma Jamma” which was not completed. On January 20, 2021, plaintiff filed motion to compel defendants to provide further response to special interrogatories, form interrogatories, request for production of documents and request for admissions (“plaintiff's motion to compel”). On January 29, 2021, defendants filed motion to compel plaintiff to provide further response to interrogatories and request for production of docume...

Excerpt: ... Nguyen are not related. Plaintiffs' original complaint was filed on April 7, 2021. The operative pleading was the Second Amended Complaint (“SAC”) filed on August 31, 2021. There is also a crossaction brought by Defendant Nguyen. Previously Defendant Nguyen's demurrer to and motion to strike the SAC was scheduled for hearing on January 20, 2022. In advance of the hearing the Court issued a tentative ruling that the demurrer was sustained wit...

Excerpt: ...��Micro Bio”) whereby BV Canada purchased the worldwide rights to proprietary technology related to compost and biogas machinery relating to anaerobic digestion of organic waste material. (See complaint, ¶ 11.) In June 2013, Whole Foods agreed to demo a BV digester at Whole Foods' Campbell store, and after a successful demonstration and proof of concept, Whole Foods notified BV USA and BV Canada that it intended to purchase a digester unit for...

Excerpt: ...ny party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 04 April 2022. And Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion of Wells Fargo Bank to Deem Requests For Admissions to be Admitted. I. Statement of Facts. Plaintiff filed this verified complaint on 18 June 2021.3 Plaintiff alleges causes of action f...

Excerpt: ...021, Pomogaibo went to Berman's office 3 times to serve the summons for Case No. 20CV370774. (Complaint, p. 4, ln. 21‐22.) The Complaint alleges that Berman installed a video‐camera at the door to avoid being served because she knew about the lawsuit and “does not like to be sued.” (Complaint, p. 4, ln. 22‐24.) On May 12, 2021, Pomogaibo went to her office for the third time. (Complaint, p.4, ln. 27‐28.) Hours later, Pomogaibo receive...

Excerpt: ...st Plaintiffs Tal Lavian, VisuMenu, Inc., and Aybell, LLC (collectively, “Plaintiffs”). I. Facts A. Background On July 11, 2018, Zvi Or‐ Bach filed a verified complaint in the Superior Court of California for the County of Santa Clara, initiating the Underlying Action against plaintiffs of the instant matter, VisuMenu Inc., Aybell Inc., Tal Lavian, and DOES 1‐ 100. (Complaint, ¶ 24; see also Complaint, Exhibit A.) Plaintiffs of the insta...

Excerpt: ...ndants Gibbs, Rana Rekhi (“Rekhi”) and YCI, financials prepared by an alleged CPA, tax documentation, the online merchant processing account, the company's e‐commerce partner, the liquor license in place for the company, and purported confidential business information of RB, including reports of significant sales from out of state website visitors, revenue exceeding one thousand dollars per day, sales reports listing nine of the ten top sel...

Excerpt: ...intiff is the owner of property located at 580‐ K N. Rengstorff Avenue in Mountain View (the “Premises”). (Company, ¶ 1.) On September 15, 2016, Plaintiff's predecessor in interest and defendants Oscar Munoz, Raquel Munoz and Taqueria La Bamba, LLC (the “Taqueria”) (collectively, “Defendants”) entered into a written lease agreement (the “Lease”) whereby the Premises was leased to Defendants for five years with minimum monthly b...

Excerpt: ...e case in favor of Patton, et al. v. Home Depot U.S.A., Inc. (E.D. Cal., Case No. 2:21‐CV‐01096‐WBS‐KJN) (the “Federal Action”), in which Mr. Patton and other plaintiffs assert direct individual and putative class claims under the Labor Code for the same violations at issue here. Plaintiff opposes Home Depot's motion. As discussed below, the Court DENIES the motion to stay. I. LEGAL STANDARD A court ordinarily has inherent power, in i...

Excerpt: ... 6045], cert. granted Dec. 15, 2021, No. 20‐1573, ___U.S.___ [142 S.Ct. 734, 211 L.Ed.2d 421] (“Viking River Cruises”); (2) Adecco's motion for leave to file an amended answer; (3) Plaintiff's motion to compel Adecco's responses to special interrogatory (“SI”) set nos. 3 and 4; and (4) Plaintiff's motion to compel Adecco's responses to request for production (“RFP”) set no. 2. As discussed below, the Court DENIES Adecco's motion to ...

Excerpt: ...ire. According to Viola, this equipment was highly technical and contained protected trade secrets. Viola subcontracted with nonparty ECS to destroy the equipment. It is alleged that the Taggarts were and All Metals were owners of ECS. Viola claims ECS falsely certified that it completed the recycling and destruction of the equipment. ECS is alleged to have sold supposedly destroyed equipment to All Metals which is company in which the Taggarts h...

Excerpt: ...eir fiduciary duties to Hone. Hone contends that HCI's involvement with the entities Wu and Gandhi created facilitated their wrongful withholding of funds rightly belonging to Hone and that the discovery it propounded on HCI is directly relevant to Hone's constructive trust allegations. The Motion is opposed by HCI and the opposition is joined by HCI's former counsel of record. DISCUSSION A. Legal Standard The right to discovery generally does no...