Excerpt: ...se for Medical Solutions, was assisting a surgery in a cardiovascular operating room. (Complaint at ¶ 6.) After Plaintiff completed her job in surgery and left the operating room, defendant Maria Ponte (“Ponte”) entered the room to complete clean up after the procedure. (Ibid.) Plaintiff thereafter returned to the operating room and tripped on a plastic bag left on the ground by defendant Ponte. (Ibid.) As a result, Plaintiff's right foot ca...

Excerpt: ...017, SAS received a work order from Defendant to respond to Happy Hollow Zoo (the “Zoo”), which is operated and controlled by Defendant, to repair and replace its security system and fence damaged by a flood. The Zoo had been flooded with hazardous materials and water from Coyote Creek, which was deposited throughout the work area and presented a threat to all neighboring properties and the public at large. At the time Defendant instructed Pl...

Excerpt: ...low, the Court DENIES Julie's motion. I. BACKGROUND3 A. Pavlina I According to the Complaint in Case No. 17CV310026 (“Complaint”), PAV JAM, LLC (“PAV JAM”) is the general partner of limited partnerships JAM Limited Partnership; S V JAM, L.P.; CCPO A, L.P.; CCPO BC, L.P.; and K. M. Pavlina L.P. (collectively, “Limited Partnerships”). (See Complaint, ¶¶ 6, 19.) The lone members of PAV JAM are Julie and Stephen, who each hold a 50% own...

Excerpt: ...Circuit Opinion”). Before the Court is (1) Plaintiff's motion for leave to file an amended complaint and (2) Walmart's motion for judgment on the pleadings. Both motions are opposed. As discussed below, the Court DENIES both motions. I. BACKGROUND10 A. Trial Court Proceedings Plaintiff filed this action on December 2, 2016, alleging individual, putative class, and PAGA claims based on the following theories: Walmart violated Labor Code section ...

Excerpt: ...ground checks, and committed other wage and hour violations. The parties reached a settlement, which the Court preliminarily approved in an order filed on January 10, 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 serv...

Excerpt: ...r filed on July 8, 2021. 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. The Court entered an order approving an Addendum to the settlement on November 1, 2021. 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 Co...

Excerpt: ...olution. (Complaint, ¶¶ 9‐10.) Decent never filed for a divorce or moved out of the family home during the entirety of the marriage. (Complaint, ¶ 11.) Unbeknownst to Plaintiff, Decedent was having an affair with Defendant between 2013 and 2017. (Complaint, ¶ 13.) In 2016, Decedent was diagnosed with a terminal illness. (Complaint, ¶ 13, subd. (a).) Plaintiff became Decedent's caregiver and, with the help of their sons, cared for Decedent ...

Excerpt: ...tors on site, Silicon Valley Sheetmetal (“SVS”). The Complaint alleges in pertinent part (on the general negligence attachment) that on September 18, 2017 “[w]hile on said construction site, Plaintiff stepped on some overlay which was not secured to the deck under construction nor was it aligned with the deck's perimeter. The overlay lacked sufficient strength to support a person and when Plaintiff stepped on it, he fell to the ground from ...

Excerpt: ...ve ruling as follows: I. INTRODUCTION This is a class and representative action against defendant Nutanix, Inc. (“Defendant”) arising out of various alleged wage and hour violations. The operative Second Amended Complaint, filed on November 1, 2021, sets forth the following causes of action: (1) Failure to Pay Minimum Wages; (2) Failure to Pay Overtime Wages; (3) Failure to Timely Pay All Earned Wages; (4) Failure to Provide Meal Periods; (5)...

Excerpt: ...w issues its tentative ruling as follows: I. INTRODUCTION This is a putative class and Private Attorneys General Act (“PAGA”) action arising out various alleged wage and hour violations. The operative Second Amended Complaint, filed on July 9, 2020, sets forth the following causes of action: (1) Meal and Rest Break Violations (Labor Code §§ 200, 226.7, and 512, and 12 C.C.R. § 11040; (2) Failure to Pay Minimum Wage and Overtime (Welfare Co...

Excerpt: ... I. INTRODUCTION This is a representative action pursuant to the Private Attorneys General Act of 2004 (“PAGA”). In the Complaint, filed on July 24, 2018, plaintiff John Ortiz (“Plaintiff”) alleges that he worked for defendant California Cemetery and Funeral Services, LLC (“Defendant”) as a driver. (Complaint, ¶ 2.) Defendant allegedly failed to pay its drivers proper wages for on‐call hours, provide adequate meal and rest breaks, ...

Excerpt: ...a California business organization; CRATUS, INC., a California business organization; GEORGE REYES, as an individual; and DOES 1 through 250, inclusive, Defendants. Case No. 20CV366044 TENTATIVE RULING RE: AMENDED MOTION FOR APPROVAL OF PRIVATE ATTORNEY GENERAL ACT SETTLEMENT The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on April 13, 2022 at 1:30 p.m. in Department 3. The court now issues its tentative ru...

Excerpt: ...30 Alum Rock Avenue San Jose CA, 95127, Santa Clara, California. (Complaint, ¶ 1.) Turner and Reandeau jointly presented a check from Flagstar that was made payable to both of them in the amount of $40,000. (Complaint, ¶ 2.) At the time, Citibank's teller examined the identification of Turner and Reandeau before they signed the check. (Complaint, ¶ 3.) After Reandeau signed the check, he stepped away to take a phone call. (Complaint, ¶ 4.) Tu...

Excerpt: ... of business in Los Altos, California. (FAC at ¶ 1.) Plaintiff Youlin Wang (“Wang”) owns 100% of Magnolia and resides in China. (Id. at ¶ 2.) Guohua “Greg” Xiong (“Xiong”), Wang's brother‐in‐law, is an authorized agent for Magnolia and Wang (collectively, “Plaintiffs”). (Id. at ¶¶ 13‐14.) Plaintiff Wang developed two new single family residences in Palo Alto, California, located at 3878 Magnolia Drive and 3880 Magnolia D...

Excerpt: ..., Plaintiff alleges that “Defendant employee Sheriff Deputy Investigator Dan Rodriguez” (“Deputy”) committed negligence by failing to perform the legal duty to prevent or suppress arrays, preserve peace, and arrest individuals who attempt to or have committed a public offense pursuant to Government Code sections 26600‐26602. (SAC, p. 4.) As a consequence of Defendant Deputy's alleged negligence, Plaintiff and her two minor children suff...

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 11 April 2022. And Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Defendants Kylix Enterprises Incorporated and Hohbach Realty Company Limited Partnership's Demurrer to Plaintiffs' First Amended Complaint. I. Statement of Facts. On or about 1 Jun...

Excerpt: ...�) section 395, subdivision (a) from San Mateo County because venue was proper in Santa Clara County, where Defendant resided at the commencement of the action. B. Factual Plaintiff alleges that she obtained a home equity line of credit (HELOC) for her Oakland home to generate funds loaned to Defendant. (Complaint, ¶ 4.) By March 30, 2019, Plaintiff's accountant estimated the outstanding loan balance to be $111,489.47, inclusive of accrued inter...

Excerpt: ...reside at real property located at 121 Vista Del Lago in Los Gatos, California. (FAC at ¶¶ 2, 26.) Plaintiff Ronen purchased the subject property on January 28, 1994. (Id. at ¶ 28.) While difficult to determine, Plaintiffs allege multiple defendants, including banks and other financial institutions, intentionally conned, tricked, and maliciously deceived plaintiff Ronen into signing fraudulent documents and instruments in connection with the s...

Excerpt: ...joyment, nuisance, negligence, violation of San Jose City Municipal Code sections (wrongful eviction and retaliation) and (substandard housing), violation of Civil Code section 1942.4,, retaliation, violation of Civil Code section 1950.5, wrongful death, elder financial abuse. According to the allegations in the FAC, the action arises out of plaintiffs leasing and residing in a residential real property owned by defendants, and substandard, uninh...

Excerpt: ... assault. On September 30, 2021, plaintiff filed the instant motion against defendant UBER Technologies, Inc. (“defendant”) to compel further deposition of defendant's person most qualified no. 2 (“PMQ2”) and production of documents. On January 21, 2022, defendant filed opposition and on January 27, 2022, plaintiff filed reply. On February 3, 2022, the court directed the parties to Informal Discovery Conference (“IDC”) and continued h...

Excerpt: ...s. 7‐9, 11, 15‐16, 20, 25‐ 27 and 29‐35. Kumar sought monetary sanctions in the amount of $5,635.30. The motion was opposed by Jade Global. The Court referred the parties to an informal discovery conference and after two sessions a partial agreement was reached. The parties reached agreement as to Special Interrogatory Nos. 24‐26, 29, 32‐33, and 40‐ 47, and Inspection Demand Nos. 7‐9 and 20. The parties reached a partial agreement...

Excerpt: ...AC filed by S3G. I. Background A. Factual This is an action for trade secret misappropriation and fraud, among other things. According to the allegations of the operative First Amended Complaint (the “FAC”), plaintiff S3G Technology LLC (“S3G” or “Plaintiff”) is a company that provides custom mobile solutions to improve operational efficiencies and reduce costs, including in semi‐urban, rural and remote areas. (FAC, ¶ 1.) In 2007 S...

Excerpt: ... the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 06 April 2022. And Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Petition to Quash Subpoena and Request for Sanctions. I. Statement of Facts. On January 26, 2021, Patrick S. Tomilson (“Tomlinson”) filed a complaint in the State of Wisconsin Circuit Court, Milwaukee Coun...

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 06 April 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motions of Defendant Ford Motor Company to Compel Arbitration and to Stay Action. I. Statement of Facts. Plaintiff filed this complaint on 28 September 2021.12 Plaintiff alleges that on or about 16...

Excerpt: ...posing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 06 April 2022. And Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion of Defendant Fidelity National Title Company to Strike Portions of the Complaint. I. Statement of Facts. Plaintiff Hong Zhang (“H. Zhang”) and her brother, defendant Dongliang Zhang (“D. Zha...