Excerpt: ..., ¶ 3.) Ladden purportedly served Seitzinger with summons and complaint in the Underlying Action on April 23, 2014 by substitute service on an individual named Dan Martin, 55 years old with gray hair, 5'8” and 170 pounds, the occupant at 7392 Crews Road in Gilroy. (Complaint, ¶ 4.) However, service of process did not occur as described. (Id. at ¶ 5.) The address above is the home of Seitzinger's son, Daniel Seitzinger, but he was not at home...

Excerpt: ...ilation, and air conditioning (“HVAC”) systems. (Compl., ¶ 8.) In 1999, they hired defendant Andrew Osborn (“Osborn”) as an independent contractor to sell these systems to companies in several counties throughout Northern California. (Compl., ¶ 11.) Osborn executed identical independent‐contractor agreements with Specialty and Pacific Coast agreeing that “correspondence, blueprints, quotations, plans, and other written information r...

Excerpt: ...Plaintiff relied, namely: Plaintiff “did not need to worry… that his pre‐marital property in the house after his departure was being damaged or sold or disposed of… because the Court would see to it that his property in the house was secured and safe”; “a Court order she generated would allow him to move back into the residence on July 1, 2011 after an inspection by the personal property arbitrator to verify that his personal premarit...

Excerpt: ... authorities submitted by the Defendants, the Court makes the following rulings: The Court finds that by the evidence presented in support of the motion Defendants met their initial burden to demonstrate there is no triable issue of material fact as to essential elements of Plaintiff's claim, and entitlement to judgment on the complaint. In particular, Defendants provided expert testimony to the effect that the conduct of the Defendants did not f...

Excerpt: ... E. Kuhnle on March 8, 2019, at 11:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a shareholder derivative action brought on behalf of Newco Materials Technology, Inc. (“Newco”). (Shareholder's Derivative Complaint (“Complaint”), ¶ 1.) TENTATIVE RULING RE: MOTION TO QUASH 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 Plaintiffs Howard Cho and Steve Lac...

Excerpt: ...erative Complaint and Procedural Background Defendant is a sheet metal design and manufacturing company located in San Jose. (First Amended Complaint (“FAC”), ¶ 5.) Plaintiffs Ronald Balanag and Javier Graciano were employed by defendant as sheet metal printers, painters, and hardware operators at different periods during their employment. (Id. at ¶¶ 11‐12.) Plaintiffs allege that they and other nonexempt employees routinely worked witho...

Excerpt: ...7‐2018‐00040481‐CU‐OE‐ CTL) and (2) Gonzales v. Flagship Facility Services, Inc. (Super. Ct. Santa Clara County, No. 17‐CV‐ 316313). The parties oppose the motions to intervene, and Ceron (but not Gonzales) continues to oppose the motion for preliminary approval. I. Factual and Procedural Background Flagship provides janitorial services to clients throughout California. (Complaint, ¶ 9.) Plaintiff alleges that on or about September...

Excerpt: ...INTRODUCTION This is a putative class action brought under the Fair Credit Reporting Act (“FCRA”). According to the allegations of the Class Action Complaint (“Complaint”), filed on July 26, 2017, defendants DHI Group, Inc. and Dice Inc. (collectively, “Defendants”) operate a web service called “Dice Open Web” that searches the internet and creates profiles on people based on information scraped from various sources, including soc...

Excerpt: ...nt 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative consumer class action brought pursuant to the California Fair Debt Buying Practices Act, Civil Code sections 1788.50‐1788.64 (“CFDBPA”). According to the Class Action Complaint for Statutory Damages (“Complaint”), filed on August 29, 2017, plaintiff Donna Louise Horner (“Plaintiff”) seeks statutory damages against defendant Crown Asset Man...

Excerpt: ...ployed by defendant as a non‐exempt certified nurse assistant at its facilities and offices in San Jose. (Complaint, ¶ 2.) She alleges that defendant required her and other nurse assistants to perform off‐the‐clock work before and after their shifts, and rounded their time to the nearest quarter hour, to employees' detriment. (Id. at ¶ 3.) Plaintiff and putative class members also were not provided with the opportunity to take timely, uni...

Excerpt: ...es its tentative ruling as follows: I. INTRODUCTION This is a putative class action arising out of various alleged Labor Code violations. According to the allegations of the First Amended Class Action Complaint (“FAC”), filed on January 29, 2019, defendant Intuit, Inc. (“Defendant”) has a program of unlawfully rounding employee time to the nearest five minutes, resulting in underpayment of all wages owed. (FAC, ¶ 14.) Intuit also has a p...

Excerpt: ...Complaint Defendant is headquartered in Milpitas and engages in wholesale food sales and distribution throughout California. (Class Action Complaint, ¶ 4.) Plaintiff alleges that defendant has employed hundreds of individuals in positions that are nonexempt from the payment of minimum and overtime wages, but paid these individuals a set salary regardless of hours worked. (Id. at ¶¶ 5, 15.) He alleges that defendant also “shaved” hours and ...

Excerpt: ...sum of $85,447.88 for medical care, services, and supplies furnished by plaintiff County, by or through VMC, at the special instance and request of defendant Sonagere. (Complaint, ¶¶2 and 5.) Neither the whole nor any part of the sum has been paid and the sum is now due, owing, and unpaid. (Complaint, ¶6.) On June 25, 2018, plaintiff County filed a complaint against defendant Sonagere asserting causes of action for: (1) Open Book Account; and ...

Excerpt: ...Ravi Dronamraju (“Dronamraju”) (collectively, “Defendants”). After a series of demurrers, on June 26, 2017, Plaintiffs filed a third amended complaint (“TAC”). On October 5, 2018, Red Dot filed a cross‐complaint (“XC”) against Buckel and Chalet. The XC alleges that Red Dot is the owner of the property at 140 Alley Way, purchasing the property from Jokipii on July 1, 2015. (See XC, ¶ 8.) Jokipii entered into a tenancy agreement ...

Excerpt: ... On or about October 26, 2016, Poore hit a pallet containing large and heavy items while he was operating a forklift. As a result, a tire nearly fell on Plaintiff, who then admonished Poore to be more careful in operating the forklift. After Plaintiff turned away, Poore approached him from behind, wrapped his arm around his neck, and began choking him. Plaintiff lost consciousness and fell to the ground. When he regained consciousness, he was on ...

Excerpt: ...and Trisynergy Community Management, Inc. (collectively “Defendants”). As alleged in the Complaint, around September 2006, Ortiz was admitted to Amberwood Gardens, a 24‐hour skilled nursing facility owned and/or operated by Defendants. (Complaint, ¶¶ 2‐4, 8, 10, 22, 33.) Ortiz suffered from a number of medical conditions that made her particularly susceptible to falls and injuries, including mental health and addiction issues, breathing...

Excerpt: ...��SI”), and for an award of monetary sanctions; and (3) the motion by Plaintiff to compel Kim to provide further responses to requests for production of documents, set one (“RPD”), and for an award of monetary sanctions. Factual and Procedural Background This action arises out of agreements to purchase shares of stock in defendant Chattingcat, Inc. (“Chattingcat”). Kim is the chief executive officer and president and sole director of Ch...

Excerpt: ...rst amended complaint (“FAC”), Decedent was a commercial semi‐truck driver and operated a 2006 Freightliner truck and 2009 trailer (the “Truck”). (FAC, ¶ 8.) In November 2015, the California Highway Patrol (“CHP”) conducted an examination of the Truck and noted several deficiencies in the braking system including: defective lining on axle #1, leaking and oil contamination on axle #1, and worn brake lining on axle #5. (FAC, ¶ 9.) T...

Excerpt: ...(Complaint, ¶¶ 12, 32.) Plaintiff hired Kitchen as a direct hire recruiter. (Complaint ¶ 7.) As a condition of employment, he signed a NDA. (Complaint, ¶ 9.) Among other things, the NDA provides: confidential information learned by an employee is proprietary information that is the exclusive property of Plaintiff; an employee may not use proprietary information for any purpose other than to fulfill his duties to Plaintiff; and an employee sha...

Excerpt: ...ative Second Amended Complaint (“SAC”), on or about June 16, 2014, Paul Alexander Da Silva (“Paul Da Silva”), while acting in the course and scope of his employment by Da Silva Dairy Farms, LP, drove through a red traffic signal directly facing him without braking or swerving. 6 He collided with the vehicle occupied by Holly Wright, Richard Wright III, Jeremy Wright (“Jeremy”), and decedents Ashleigh Wright and Curtis Lanch. As a resu...

Excerpt: ...owned by Langenberg. Per the agreement, Plaintiff was a 15% owner in the company. In the fall of 2016, Langenberg informed Plaintiff that Luke's was in merger discussions and he would receive approximately $3,750,000 from the merger. But later, Langenberg gave Plaintiff conflicting information about the transaction; for example, he stated Plaintiff would only receive $2,089,000. In November 2016, Langenberg gave Plaintiff two signature pages to s...

Excerpt: ... California (the “Property”) and Plaintiff was the caretaker of it. Defendant approached Plaintiff in 2004 and suggested he rent the Property at an above‐market price for twelve years, at which point Defendant would convey it to him. Plaintiff agreed and made every payment for twelve years. However, Defendant never intended to convey the Property to him; he only wanted to induce Plaintiff to pay the above‐market price in rent. When Plaint...

Excerpt: ... 1) Breach of Written Contract; 2) Common Count for Indebtedness for Work, Labor, Services and Materials, and; 3) Foreclosure of Mechanics' Lien. Currently before the Court are two matters: 1) Defendants' demurer to the Complaint's second and third causes of action, and; 2) Defendants' motion to strike certain portions of the Complaint. As an initial matter the Court notes that Defendants have failed to comply with Code of Civil Procedure (“CCP...

Excerpt: ...y based on the assumption the marriage would take place. (Id. at ¶ 8.) In accordance with Hindu custom, the jewelry given was not a gift to the bride but was given to her for the express purpose of passing it on to the next generation. (Id. at ¶¶ 9‐10.) In September 2016, however, Chunduri moved out of the apartment she had moved into with Suri, the marriage did not take place, and they never had any children together. (Id. at ¶¶ 7, 9.) Su...

Excerpt: ...nce policy. (Complaint, ¶ 3 and Exhibit 1.) Plaintiff had such coverage when she suffered a covered loss of human eyelashes that she had imported from Asia. (Id., ¶ 6.) Plaintiff tendered the loss to GIA, who failed to render a coverage opinion on the claim. (Id., ¶ 10.) GIA's conduct was intended to compel Plaintiff to abandon her insurance claim and absorb the loss herself. (Id., ¶ 15.) As a direct result of Defendants' conduct, Plaintiff m...

Excerpt: ...as E. Kuhnle on March 1, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action brought by plaintiff Tabitha Newsom (“Plaintiff”) pursuant to the California Fair Debt Buying Practices Act (“CFDBPA”). According to the Complaint, filed on September 15, 2016, Plaintiff is alleged to have incurred a financial obligation in the form of a consumer credit account ...

Excerpt: ... browse and download Android Apps published by both Google and third‐party developers. (Complaint, ¶¶ 20‐ 22.) Through the Google Play Store, defendant offers digital products including songs, movies, television shows, and periodicals through paid subscriptions that are automatically renewed at the end of a definite term for a subsequent term or that continue until the consumer cancels (“In‐App subscriptions”). (Id. at ¶ 23.) To make...

Excerpt: ...issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action arising out of various alleged Labor Code violations. Plaintiff Lingyu Lu (“Plaintiff”) worked as a charge nurse for defendant Surgical Care Affiliates, LLC (“Defendant”) from April 6, 2015 through October 12, 2015. (Complaint, ¶ 16.) Plaintiff alleges that throughout her employment Defendant engaged in the following violations of the laws of the Stat...

Excerpt: ...n the lead action (the First Amended Complaint or “FAC”), defendant Island Hospitality Management, Inc. provided hotel management services to hotels throughout California until December of 2014, when it converted to Island Hospitality Management, LLC. (FAC, ¶¶ 7‐8.) Among the hotels to which defendants have provided services is the Residence Inn by Marriott in San Jose. (Ibid.) Plaintiff Charmie Ruffy worked for defendants in San Jose as ...

Excerpt: ...s paid at a rate of $9.00 per hour during his employment in 2017, while the applicable minimum wage was $10.50 per hour as of January 1st of that year. (Id. at ¶ 24.) In addition, plaintiff alleges that non‐discretionary commission pay was not included in his regular rate of pay for purposes of calculating his overtime compensation. (Ibid.) Based on these allegations, plaintiff brings class claims for (1) failure to pay minimum wages in violat...

Excerpt: ...able Thomas E. Kuhnle on February 8, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action. Plaintiff Michael Turner (“Plaintiff”) worked for defendants Aemetis, Inc. and Aemetis Advanced Fuels Keyes, Inc. (collectively, “Defendants”) as an hourly‐paid, non‐exempt employee from approximately December 2014 to July 2015 in California. (Complaint, ¶ 18.)...

Excerpt: ...s paid at a rate of $9.00 per hour during his employment in 2017, while the applicable minimum wage was $10.50 per hour as of January 1st of that year. (Id. at ¶ 24.) In addition, plaintiff alleges that non‐discretionary commission pay was not included in his regular rate of pay for purposes of calculating his overtime compensation. (Ibid.) Based on these allegations, plaintiff brings class claims for (1) failure to pay minimum wages in violat...

Excerpt: ...n the lead action (the First Amended Complaint or “FAC”), defendant Island Hospitality Management, Inc. provided hotel management services to hotels throughout California until December of 2014, when it converted to Island Hospitality Management, LLC. (FAC, ¶¶ 7‐8.) Among the hotels to which defendants have provided services is the Residence Inn by Marriott in San Jose. (Ibid.) Plaintiff Charmie Ruffy worked for defendants in San Jose as ...

Excerpt: ...ONS COMPANY L.P. a Virginia limited partnership; and DOES 1 to 10 inclusive, Defendants. Case No. 2018‐1‐CV‐323955 TENTATIVE RULING RE: MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT The above‐entitled action comes on for hearing before the Honorable Thomas E. Kuhnle on February 8, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action arising o...

Excerpt: ... browse and download Android Apps published by both Google and third‐party developers. (Complaint, ¶¶ 20‐ 22.) Through the Google Play Store, defendant offers digital products including songs, movies, television shows, and periodicals through paid subscriptions that are automatically renewed at the end of a definite term for a subsequent term or that continue until the consumer cancels (“In‐App subscriptions”). (Id. at ¶ 23.) To make...

Excerpt: ...É, BOARD OF ADMINISTRATION OF THE FEDERATED CITY EMPLOYEES' RETIREMENT SYSTEM, DAVID SYKES, IN HIS OFFICIAL CAPACITY AS THE CITY MANAGER OF THE CITY OF SAN JOSÉ, AND DOES 1‐50, Respondents/Defendants. Case No. 17‐CV‐312610 TENTATIVE RULING RE: DEMURRER TO AMENDED COMPLAINT/PETITION The above‐entitled matter comes on for hearing before the Honorable Thomas E. Kuhnle on Friday, February 8, 2019, at 9:00 a.m. in Department 5. The Court now...

Excerpt: ...acy. The third parties then used the money to acquire real property in San Diego and in Palm Springs. The San Diego property was subsequently deeded to defendant 2006 Catalina Fund, LLC by the third party 2006 Catalina LLC for no consideration. The Palm Springs property was later deeded to defendant 574 Mariscal Fund, LLC by third party 574 Mariscal LLC for no consideration. Therefore, both the third parties did not receive the reasonable equival...

Excerpt: ...struck and injured by a golf cart driven by Simard, an employee of AGC. (Complaint at p. 5.) The Complaint alleges a cause of action against Defendants for motor vehicle negligence and a cause of action against Simard for general negligence. Currently before the Court is AGC's motion for summary judgment or, in the alternative, summary adjudication. Plaintiff opposes the motion and submits written evidentiary objections in support. II. Legal Stan...

Excerpt: ...dants Louis P. Barbaccia, Sr. (“Louis”), as trustee of the Louis P. Barbaccia Revocable Inter Vivos Trust dated May 22, 1984, Loubar, LLC (“Loubar”), Vivian Martorana, as successor trustee of the Josephine Pecoraro Trust, and Catherine Pecoraro (“Catherine”) (collectively, “Plaintiffs”) initiated this action against GBR on August 3, 2017. But the relevant facts reach further back in time. In 1960, the parents of Josephine B. Pecor...

Excerpt: ...f regarding the Plaza's current status and financial value. For instance, Tammy Pham, Tony Ninh, and Kim Pham represented that the Plaza had been appraised for $11 million and was more than 80% leased. (Id. at ¶ 23.) Furthermore, Son Nguyen, Hai Guyen, Tammy Pham, and Kim Pham represented the Plaza would be worth about 30% more than $11 million after construction was completed. (Id. at ¶¶ 25, 45, 54.) Finally, someone provided Plaintiff with a...

Excerpt: ... 1. Super Talent Electronics, Inc. On August 8, 2018, defendant Christine Rao (“Rao”) served plaintiff Super Talent Electronics, Inc. (“STE”) with a notice of deposition for August 23, 2018.2 On August 16, 2018, plaintiff STE served defendant Rao with objections to the notice of deposition.3 On September 10, 2018, defendant Rao served plaintiff STE with an amended notice of deposition for September 25, 2018.4 On September 21, 2018, plaint...

Excerpt: ...s that Defendant has failed to comply with Code of Civil Procedure (“CCP”) § 435.5, effective January 1, 2018, which clearly requires a party moving to strike all or a portion of a pleading to file a declaration with such a motion stating their compliance with the meet and confer efforts required by the statute. As a failure to comply with the statute is not by itself a basis for denying the motion (see CCP § 435.5(a)(4)), the Court will pr...

Excerpt: ...n and oral agreement was allegedly made between representatives of plaintiff California Spine and Neurosurgery Institute dba San Jose Neurospine (“Plaintiff”) and “all defendants.” (Id. at ¶ BC‐1, capitalization omitted.) Specifically, “[r]epresentative ‘Alexis' of all named [defendants] orally agreed that 50% of the Usual and Customary (UCR) charge in the geographical area of Plaintiff for a spine surgery to be performed by Plaint...

Excerpt: ...nitially employed by Ma Labs as a RMA (return merchandise) clerk and subsequently became an account manager (sales) in or about 1994. (SAC, ¶16.) In late February 1995, defendant Rao filed for divorce from her then husband. (SAC, ¶17.) Plaintiff Abraham C. Ma (“Ma”) and Rao married on December 7, 1995. (Id.) After taking business and accounting studies at a local community college, defendant Rao returned to work at Ma Labs on February 21, 1...

Excerpt: ...ntiff prepared an agreement during the divorce proceedings entitled “Personal Conduct Contract” that provided, in part: 4. Personal Conduct Provisions: The parties agree to be bound by the following personal conduct terms: a. For duration of this contract Ronald shall stay at least 300 yards away from Ruth, Ruth's home and Ruth's place of employment. For the duration of this contract Ronald shall not contact or attempt to contact Ruth by any ...

Excerpt: ...Honda for injuries arising out of a car accident. Paul Da Silva is an owner, partner, employee, and agent of Da Silva Dairy Farms, LP and Da Silva Dairy Management, Inc. Joe Da Silva, who was substituted as Doe #2, is an agent, servant, or employee of other defendants and ratified their actions. On or about June 16, 2014, Paul Alexander Da Silva (“Paul Da Silva”), while acting in the course and scope of his employment by Da Silva Dairy Farms,...

Excerpt: .... As alleged in the Complaint, the defendants made misrepresentations or omissions in disclosures and inspection reports provided to Plaintiffs before they purchased the Property. (Complaint, ¶¶ 12‐19.) These reports included a misleading termite report supplied by Antique in January 2016. (Id. at ¶¶ 12‐13.) Based on these misrepresentations, Plaintiffs bought a house that had many issues, including toxic mold and faulty construction. (Id...

Excerpt: ...eyman iron worker. (Complaint, ¶14.) Plaintiff Englehart and defendant Jeffers were often alone together when they worked on a man lift, sometimes 80 feet in the air. (Complaint, ¶15.) Beginning July 2016, defendant Jeffers subjected plaintiff Englehart to frequent, ongoing, unwelcome conduct of a sexual nature. (Complaint, ¶16.) Defendant Jeffers criticized plaintiff Englehart's performance, trying to make plaintiff look bad for rejecting his...

Excerpt: ...ement plants located in San Jose. (FAC, ¶7.) On or about June 3, 2014, plaintiff Hafely loaded concrete mixture into a concrete truck, but the mixture was too dry and plugged up the hopper of the truck. (FAC, ¶8.) To clear the blockage, plaintiff Hafely climbed on top of the truck and used a specially designed tool to loosen the mixture. (Id.) When plaintiff Hafely attempted to retract the tool, the tool became lodged in the hopper. (Id.) In at...

Excerpt: ... 6– 7.) They agreed Restivo would not compete with Transportation Solutions for seven years following the sale and would, in exchange, receive limousine services at a discounted rate. (Compl., ¶¶ 6–7.) Restivo claims Brown and Transportation Solutions (collectively, “Defendants”) failed to provide him with discounted limousine services as promised. (Compl., ¶ 7.) He alleges that because he could obtain up to $5,000 worth of limousine s...