Excerpt: ...hour violations. Now before the Court is Plaintiffs' motion for preliminary approval of a settlement, which is unopposed. As discussed below, the Court GRANTS preliminary approval. I. BACKGROUND A. Factual Defendant operates and provides a global Data Center and IT Infrastructure Management software. (First Amended Complaint (FAC), ¶ 2.) It employed Plaintiffs and others as non‐exempt employees in California. (Id., ¶ 26.) Plaintiffs allege th...

Excerpt: ...uded express written warranties, such as a three‐year/36,000 mile express bumper to bumper warranty, a five‐ year/60,000 mile powertrain warranty which covers the engine and transmission, and a ten‐year/150,000 mile extended warranty that covers the brake assist. (FAC, ¶ 7.) During the warranty period, the Vehicle contained or developed defects, including but not limited to, defects related to the engine; defects related to the air conditi...

Excerpt: ...actual 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 STANDARD FOR SETTLEMENT APPROVAL Generally, “questions whether a [class action] ...

Excerpt: ... on March 9, 2022, at 9:00 a.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This action—ZL Technologies, Inc. v. SplitByte Inc, et al. (Case No. 20CV366939)—was filed on June 2, 2020, by ZL Technologies, Inc. (“ZL Technologies”) against SplitByte Inc. (“SplitByte”) and Arvind Srinivasan (“Srinivasan”). 1 ZL Technologies subsequently filed the operative First Amended 1 This action is conso...

Excerpt: ... I. INTRODUCTION This is a construction defect action. According to the allegations of the operative First Amended Complaint (“FAC”), filed on February 5, 2020, plaintiff SJSC Properties, LLC (“SJSC”) is in the process of building a modern, multifamily residential apartment complex and mixed‐use project comprised of two 28‐story towers and a below‐grade parking garage (the “Project”). (FAC, ¶ 2.) As a result of groundwater intr...

Excerpt: ... follows: I. INTRODUCTION This putative class and representative action by plaintiffs Carlos Adalberto Mejia (“Mejia”) and Chris Alderson (“Alderson”) (collectively, “Plaintiffs”) arises out of various alleged wage and hour violations. The operative Second Amended Complaint, filed on January 27, 2022, sets forth the following causes of action: (1) Failure to Pay Minimum Wages; (2) Failure to Pay Overtime Wages; (3) Failure to Provide ...

Excerpt: ...s 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) Failure to...

Excerpt: ...n 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 07 March 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Orders On: (1) Demurrer of Defendants To Plaintiff's Medical Battery Cause Of Action; and (2) Motion To Strike of Defendants to the Prayer For Punitive Damages. I. Statement of Facts. On informati...

Excerpt: ...e claims in this action were assigned to Plaintiff by LinkedIn (“Plaintiff's Assignor”) such that Plaintiff now owns and holds the claims. (Complaint ¶¶ 1, 4.) The obligations and claims were made and entered into, and are due and payable in Santa Clara County. (Id. ¶ 7.) Plaintiff is a collection agency, a corporation duly organized and existing under California law. (Id. ¶ 6.) In the four years before the commencement of this action, De...

Excerpt: ... an LLC by one of its members. According to the allegations of the operative FAC, on December 30, 2003, Plaintiff and Defendants entered into the “Spartagus, LLC Operating Agreement” (the “Agreement”), which made them managers and members of Spartagus, LLC (“Spartagus” or the “LLC” or the “Company”), an entity formed in order to operate a restaurant known as “Viva! Neighborhood Eatery of Los Gatos” (“Viva!”) in Los Gat...

Excerpt: ...I. Background A. Factual This is a collection action arising out of the purchase of a vehicle. According to the allegations of the underlying complaint (“Complaint”), on April 16, 2016, Gresham executed a written contract and security agreement (the “Contract”) pursuant to which she purchased a 2016 Volkswagen Jetta (the “Vehicle”). (Complaint, ¶ 9 and Exhibit 1.) The Contract provided that if Gresham defaulted in the performance of ...

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 07 March 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Orders on: 1. Motion of Plaintiff to Reconsider This Court's Order of 7 January 2022 Denying Leave to File an Amended Complaint; and 2. Motion of Plaintiff for a New Trial. I. ...

Excerpt: ...they are served with discovery, they will assert their Fifth Amendment privilege against self‐incrimination. The Motion is opposed by Ayhan Menekshe and the Menekshe Law Firm (Plaintiffs). The action arises out of the alleged embezzlement of a significant amount of money by Johnnell while she was employed performing office bookkeeping and accounting functions for Plaintiffs. It is alleged that she and Juan also used their construction company J...

Excerpt: ...aint in this action was filed on December 28, 2017 and stated claims against three defendants: Defendant Ditech Financial LLC (“Ditech”), Defendant Countrywide Home Loans, Inc. (“Countrywide”) and Bank of America, NA (“BANA”). The operative Third Amended Complaint (“TAC”) was filed on July 9, 2021. The TAC for the first time added the Federal National Mortgage Association (“Fannie Mae”) as a defendant. The TAC alleges five num...

Excerpt: ...g at defendant Home Depot U.S.A., Inc. (sued as Home Depot U.S.A. Inc.; hereafter, “Home Depot”) and was in the process of loading his purchases into his vehicle. (First Amended Complaint (“FAC”), ¶14.) As plaintiff Lee was about to get into his car, plaintiff Lee was pulled into an altercation. (Id.) Plaintiff Lee alleges he did not commit a crime, but as [defendant City of San Jose (hereafter, “City”)] police arrived, plaintiff Lee...

Excerpt: ...iled reply. Hearing was set for February 1, 2022. The court found good cause for continuance of the hearing to consider the opposition and provide defendants opportunity to file reply. Defendants do not challenge that default and default judgment have been entered against them in this action, the latter occurring on June 13, 2016. Defendants assert that neither the individual defendant Kethineni, nor the entity defendant Neelinfo was served with ...

Excerpt: ...se considerations of the parties, the ruling at the hearing of March 1, 2022 addresses all motions to compel set on the three dates. Calendar lines 2‐5 concern the special interrogatories and request for production of documents served on plaintiffs Rodolfo Arevalo and Rosemarie Arteche Clemente, and the responses served by each plaintiff, identical in substance, which defendant considered deficient, resulting in the filing of the instant motion...

Excerpt: ...d (2) to stay this action and a related action under the Private Attorneys General Act (PAGA) pending arbitration. Plaintiff opposes both motions. As explained below, the Court GRANTS Defendant's motion to compel arbitration of this case and stay this action pending arbitration, but DENIES its motion to stay the related PAGA action. I. BACKGROUND Plaintiff was employed by Defendant in a non‐exempt capacity from May 17, 2017 to March 1, 2021. (C...

Excerpt: ...ted by plaintiff Van Tran (“Tran”). (Complaint at ¶ 1.) As a result of the collision, plaintiff Selck suffered multiple catastrophic injuries including spinal fractures, a femoral neck fracture, a clavicle fracture, rib fracture, foot fracture, and other injuries. (Ibid.) At the time of the collision, plaintiff Tran was covered by an automobile insurance policy issued by defendant Geico Casualty Company (“GEICO”), with liability limits o...

Excerpt: ...and assault and battery civil rights violated. The action involves an incident at defendant Macy's store in Palo Alto, CA on December 23, 2015, in which plaintiff was arrested and charged by the Palo Alto police department for violation of Penal Code sections 69 resisting arrest and 1203.2 probation violation (“incident”). Plaintiff asserts that he was the victim in the incident, and was racially profiled and attacked by the responding police...

Excerpt: ...der filed on October 19, 2021.1 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 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 Ac...

Excerpt: ...mplaint (“SAC”), ¶¶1 – 6 and 18.) Beginning in or around June 2020, defendants City of Palo Alto (“City”) and PAPD encouraged, endorsed, and otherwise permitted local efforts to engage in and showcase public art installations, including murals, throughout the City. (SAC, ¶19.) Specifically, City officials permitted and encouraged artists to create sixteen individual murals on City property that, sideby‐side, spelled out “Black Li...

Excerpt: ...es provider. (FAC, ¶ 1.) CNP, a food preparations' business, arranges for the provision of health care services to its enrollees and the payment or reimbursement of the cost of those services. (Id., ¶ 3.) Defendant Health Cost Solutions, Inc. (“HCS”), a third party claims administrator, works in such a capacity for CNP. (Id., ¶ 2.) Collectively, HCS and CNP will be referred to as “Defendants.” Patient M.L was a member of a health plan ...

Excerpt: ... Ida Jew Academy, a charter school within defendant Mount Pleasant Elementary School District (“MPESD”). According to the allegations of the Complaint, MPESD contracted with defendant Santa Clara County Office of Education (“SCCOE”) to provide an outdoor education experience for minor students, including Plaintiff, particularly at Walden West Science Camp (“Walden West”), a public educational science overnight camp owned by SCCOE. (FA...

Excerpt: ... lawsuit in Missouri which was filed in 2014 and dismissed in 2015 due to Plaintiffs' failure to prosecute. The original (unverified) Complaint in this matter was filed on January 6, 2020. The operative (unverified) First Amended Complaint (“FAC”) was filed a year later on January 6, 2021. The FAC states three causes of action (labeled as “counts”): (1) Breach of Contract (an insurance policy for property located in Missouri); (2) “Vexa...