Excerpt: ..., Yehs II Family Limited Partnership, Chinche Huang, and Chuan LLC (collectively “cross‐defendants”) filed the instant motion to compel further response to special interrogatories from cross‐complainant Richard Foust (“Foust”). On January 19, 2022, Foust filed opposition, and on January 25, 2022, La Encina and crossdefendants filed reply. On February 3, 2022, the parties were ordered to Informal Discovery Conference (“IDC”) with J...

Excerpt: ...LLC (“GTL”), Lotus Class, Inc. (“Lotus Class”), Atour Amirkhas, Grace Amirkhas and Lotus Shin (“Shin”), Wei Liu and V3CRE, Holdings, LLC (“V3CRE”) (collectively, “Defendants”) on Plaintiffs' First Amended Complaint (“FAC”). III. Background C. Factual This is a public nuisance action for injunctive relief and civil penalties arising out of a dispute concerning electric signs displayed in the City of San Jose. According to t...

Excerpt: ...ty 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 City Of Palo Alto's Motion For Summary Judgment Or, In The Alternative, Summary Adjudication. I. Statement of Facts. Plaintiff Dentell Reed (“Reed”) is an African‐American male formerly employ...

Excerpt: ... (2) Wrongful Termination in Violation of Public Policy (based entirely on the first cause of action). The Complaint (at ¶5) alleges that Plaintiff was terminated on January 21, 2019 for violation of Plant Rules and Regulations A‐7 “Fighting, Assault, Horseplay or other disorderly conduct.” The Complaint alleges that this is false and that Plaintiff was actually terminated in retaliation for reporting purported threats of violence made to ...

Excerpt: ... contract between the parties. The motions are opposed by Rajaa Sonai and Maria Menjivar (Plaintiffs) According to Plaintiffs' Second Amended Complaint (SAC) Plaintiffs entered into a loan with Defendant after it falsely promised that it would revise the term after two years. There is no dispute that the loan was for $975,000.00 and that Plaintiff's signed a Promissory Note (“Note”) and executed a Deed of Trust (DOT) putting up property locat...

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 April 2022. And Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Defendant Xilinx, Inc.'s Demurrer To First Amended Complaint. I. Statement of Facts. Plaintiff Indradevi Sabrina Joseph (“Plaintiff”) was an elite marketing specialist with unparalleled s...

Excerpt: ...ollectively, “F&S” or “Company”) are a consultancy that provides its employees with meaningful growth opportunities and career paths. (FAC at ¶ 18.) Defendants Wyman Bravard (“Bravard”) and David Frigstad (“Frigstad”) are Shareholders, Directors, and Officers of the Company. (Id. at ¶¶ 11‐12.) For approximately 40 years, and while acting as principal shareholders at F&S, Frigstad worked in the role of the visionary/strategist...

Excerpt: ...ment”) for the premises located at 950 The Alameda, San Jose, California 95126 (the “Premises”) for the purpose of running a coffee shop. (FACC, ¶ 4.) Tran and Lam created Crema Coffee as the business entity for their coffee shop and Tran is the sole member of the LLC. (Ibid.) The Lease Agreement included provisions that shifted all of the responsibility to comply with the Americans with Disability Act (“ADA”) and the Unruh Civil Right...

Excerpt: ... et seq. (the “UCL”). Both Plaintiffs are in the business of semi‐conductor/miscellaneous electronic equipment and parts, refurbishment and repair. (FAC, ¶¶ 1‐2.) New Tec possesses one of the largest inventories of legacy electronic equipment parts, acquired over years with permission from sought after Original Equipment Manufacturers of semiconductor/miscellaneous equipment and parts. (Id., ¶ 16.) Rowenn has invested time and money in...

Excerpt: ...to the Lease, commencement of the Lease was conditioned on Defendants being able to regain possession of the Premises from another tenant. (See complaint, ¶ 9.) If Defendants did not deliver possession of the Premises to Plaintiff after 180 days from the date of execution, either party would have the right to terminate the Lease by written notice. (Id.) Upon execution of the Lease, Plaintiff paid Defendants $4,826.50 for base rent, $1,172.15 for...

Excerpt: ...that permitted the owners of the neighboring property at 19555 Redberry Drive in Los Gatos (“Gallun property”), defendants Arthur and Elaine Gallun, individually and as trustee of the Gallun 2002 Revocable Trust (collectively, “Defendants”), to drive across the corner of the Oswalt property, in exchange for the owners of the Oswalt property being allowed to trim trees on the Gallun property so that no trees blocked the city view from the ...

Excerpt: ...rnia corporation; CHICKEN WOW VALLEY FAIR, LLC, a California corporation; YUH MEI CHIOU, an individual; and DOES 1‐50, inclusive, Defendants. Case No. 18CV337264 TENTATIVE RULING RE: DEMURRER The above‐ entitled action comes on for hearing before the Honorable Patricia M. Lucas on April 6, 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 2...

Excerpt: ...uling as follows: I. INTRODUCTION This is a putative consumer class action brought pursuant to the California Rosenthal Fair Debt Collection Practices Act (“RFDCPA”). Decedent Frederick Michele Brady (“Decedent”) filed this action seeking statutory damages against defendant Patenaude & Felix (“Defendant”) arising from its routine practice of sending initial written communications that fail to provide the “Consumer Collection Notice�...

Excerpt: ...e ruling as follows: I. INTRODUCTION This is a class and representative action arising out of various alleged wage and hour violations. The operative First Amended Complaint (“FAC”), filed on November 25, 2020, sets forth the following causes of action against defendant Joseph J. Albanese, Inc. (“Defendant”): (1) Minimum Wage Violations; (2) Rest Period Violations; (3) Meal Period Violations; (4) Failure to Indemnify All Necessary Busines...

Excerpt: ... RULING RE: MOTIONS FOR JUDGMENT ON THE PLEADINGS AND DISCOVERY MOTIONS The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on April 6, 2022, at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative consumer class action brought pursuant to the California Rosenthal Fair Debt Collection Practices Act (“RFDCPA”). The parties appear to regard as the...

Excerpt: ... 161 North 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 04 April 2022. And Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion of Defendants Nationstar Mortgage, LLC and U.S. Bank National Association, as purported trustee, etc. To Dismiss or Require Security Under the Vexati...

Excerpt: ...t to FEHA and the California Government Code, violation of California Labor Code section 1102.5, and unfair business practices. On October 27, 2020, plaintiff served defendant Smith's Detection with request for production of documents, set one, on defendant Smith's Detection. Following meet and confer, plaintiff consider the response to the request for production of documents deficient, and on November 29, 2021, filed the instant motion to compel...

Excerpt: ...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 Plaintiff to Compel Defendant to Comply with This Court's Order of November 1, 2021 and Request for Sanctions. I. Statement of Facts. Plaintiff filed this complaint on 19 April 2019. 6 On 9 S...

Excerpt: ...ing 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 Defendant to Compel Arbitration. I. Statement of Facts. Plaintiff filed this complaint on 12 November 2021. 11 The complaint alleges that defendant corporation publicly traded company since 9 Marc...

Excerpt: ...ty 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 City Of Palo Alto's Motion For Summary Judgment Or, In The Alternative, Summary Adjudication. I. Statement of Facts. Plaintiff Dentell Reed (“Reed”) is an African‐American male formerly employ...

Excerpt: ...ges consisting of vehicle repair costs and rental car costs incurred as a result of the incident. Ultimately, a judgment against Defendant and in Plaintiff's favor in the amount of $1,350 was entered. Apparently dissatisfied with the aforementioned judgment, Plaintiff filed the instant action on November 20, 2019 entitled “Appeal from Small Claims Judgment … Based on Mistake and Legal Error,” seeking to set it aside and requesting the issua...

Excerpt: ...ut of a legal malpractice action. Defendant failed to respond to Plaintiffs' discovery. Plaintiffs' unopposed motion to compel was granted. Defendant thereafter failed to obey the Court's order compelling his response. Plaintiffs moved for terminating sanctions for Defendant's failure to obey a court order. That motion was unopposed by Defendant. Plaintiffs' motion was tentatively granted unless Defendant appeared at the hearing to oppose the mot...

Excerpt: ...ons. III. Background C. Factual This is an action for breach of contract, among other things. According to the allegations of the operative First Amended Complaint (“FAC”), on September 12, 1996, New Cingular (then known as AT&T PCS Services Inc.) entered into a commercial lease agreement with Whispering Oaks Heath Care Center Inc. (“Landlord”). The lease called for Landlord to leave certain space on a water tank on its premise for use in...

Excerpt: .... On April 13, 2018, plaintiff received a complaint of harassment and bullying from a Muslim Pakistani subordinate of his by a Sikh Indian supervisor of Micron. On April 18, 2018, plaintiff forwarded his subordinate's complaint to plaintiff's supervisor, Prakash Jayapal, a Sikh Indian, for investigation. On the next day, April 19, 2018, plaintiff's subordinate informed plaintiff that Micron had reprimanded the harassing and bullying employee, and...

Excerpt: ...otion for leave to file first amended complaint (“FAC”). On March 22, 2022, defendants Comerica and Jenny Nguyen filed opposition (“defendants”), and on March 28, 2022, plaintiff filed reply. Discussion, summary of contentions and analysis In the furtherance of justice, a court may allow a party to amend any pleading at any time, even after commencement of trial. Code of Civil Procedure sections 473(a)(1) and 576. See Hong Sang Market, In...