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

Excerpt: ...ing causes of action: (1) Negligence (against all Defendants); (2) Negligent Hiring/Retention (alleged against Avis and Does); (3) Negligent Supervision/Failure to Warn (alleged against Avis and Does); (4) Premises Liability (against Avis and Does); (5) Assault (against all Defendants); (6) Battery (against all Defendants); (7) Sexual Battery (against all Defendants); (8) False Imprisonment; (9) Intentional Infliction of Emotional Distress (again...

Excerpt: ... of Defendant's Demurrer. Plaintiff has filed an Opposition and Defendant filed a reply to Plaintiff's Opposition. I. Background The original Complaint was filed on March 26, 2021. The FAC was filed on December 10, 2021. Both complaints allege as follows: Defendant is a criminal defense attorney. (FAC at ¶ 3.) In July 2017, Willie was charged in Santa Clara Superior Court with being an accessory to murder. (Id. at ¶ 6.) Plaintiff entered into t...

Excerpt: ...led action comes on for hearing before the Honorable Patricia M. Lucas on March 16, 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 25 26 27 28 I. INTRODUCTION According to the allegations of the Complaint, filed on October 24, 2019, plaintiff and cross‐defendant Velocity Investments, LLC (“Velocity”) is the owner of debt owed by defend...

Excerpt: ...374613 TENTATIVE RULING RE: MOTIONS FOR ATTORNEY FEES The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on March 16, 2022 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION The First Amended Complaint (“FAC”) of plaintiff Bernabe Cantada Sinsay (“Plaintiff”), filed on April 1, 2021, alleges the following causes of action on behalf of a putative class: (...

Excerpt: ...bench trial in this promissory note case, judgment was entered on November 22, 2012 in favor of Defendant and Cross‐Complainant Mark Mitchell (“Mitchell”), and against Plaintiff and Cross‐Dcfcndant David Young (“Young”), in the principal amount of $28,613.98 and pre‐judgrnent interest at the rate of seven percent per annum in the amount of $4,866.60, for a total of $33,480.58. ‐ 2 ‐ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1...

Excerpt: ...UCTION 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, reimburse ...

Excerpt: ...s is an action for dangerous condition of public property. In the operative TAC, filed August 10, 2021, Plaintiff alleges a personal injury claim after she tripped and fell on a warning surface pad at the intersection of Los Gatos‐Saratoga Road and Rose Avenue in the city of Monte Sereno on August 2, 2018. (TAC, ¶ 14.) Plaintiff alleges that the warning surface pad was placed on the sidewalk as part of the 2010 Highway 9 Safety Improvement Pro...

Excerpt: ... 2020 or the early morning of January 26, 2020, and; (2) Negligence, alleged against Defendant Tau Kappa Epsilon, Inc. (“TKE”) only, alleging that it was in some fashion responsible for Swanson's attack on Plaintiff. The Court (Hon. Kirwan) previously heard Defendant TKE's demurrer to the second cause of action and motion to strike the Complaint's request for punitive damages on September 21, 2021. The Court's tentative ruling was to sustain ...

Excerpt: ...nctions. DISCUSSION A. Legal Standard Any matter admitted in response to a request for admission is conclusively established against the party making the admission for purposes of the pending action, unless the court permits a withdrawal or amendment of the admission under section 2033.300. (§ 2033.410, subd. (a).) A party may withdraw or amend an admission made in response to a request for admission only with leave of court granted after notice...

Excerpt: ....) The lease provided for an initial term of 10 years with 4 consecutive 5‐year renewal options. (Id.) Section 1.5.3 of the Lease states: 1.5.3 Termination for Failure of Use. If for any reason other than (a) as set forth in the Declaration, Title Commitment, Survey, or the Existing Exclusives, or (b) a cause within Tenant's control, Tenant is not able to operate for business in and from the Premises for the Authorized Use described in Section ...

Excerpt: ...and James W. Elwin are the owners of a residential property at 3010 Park Estates Way, San Jose, CA (the “Property”) pursuant to a grant deed recorded on July 25, 1986. (First Amended Complaint (“FAC”), ¶¶ 8, 20‐22.) On January 27, 2007, Plaintiff refinanced the Property and entered into a loan transaction with Alternative Financing Corporation (“AFC”), memorialized by a promissory note (the “Note”) and secured by a deed of tru...

Excerpt: ...rty opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 14 March 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 19 October 2021.5 Plaintiff allege that on or about 29 Septemb...

Excerpt: ... plaintiff SI 38, LLC (“plaintiff”) against defendant, in connection with the premises leased by plaintiff to defendant. On or about November 30, 2005, defendant and plaintiff's predecessor in interest, FBJ Management, Inc., entered into a lease whereby defendant leased space in a shopping center at 20640 Homestead Road in Cupertino, CA (“original lease” and “premises” depending on context). The lease was for a term of 10 years with t...

Excerpt: ...ril 13, 2018, Plaintiff received a complaint of harassment and bullying from a Muslim Pakistani subordinate of his by a Sikh Indian supervisor at Micron. (See complaint, ¶ 13.) On April 18, 2018, Plaintiff forwarded his subordinate's complaint to Plaintiff's supervisor, Prakash Jayapal, a Sikh Indian, for investigation. (See complaint, ¶ 14.) By the next day, April 19, 2018, Plaintiff's subordinate apprised Plaintiff that Micron had reprimanded...

Excerpt: ... opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 14 March 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion to Strike Portions of Plaintiff's Complaint. I. Statement of Facts. In or about 2000, plaintiff Humayun Kabir (“Kabir”) and defendant Greg Krikorian (“Krikorian”) purchased Battle Mfg Corp ...

Excerpt: ...treet, 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 14 March 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order Motion to Strike Portions of the Complaint by Defendant Stanley G. Silva, Jr. Trucking, Inc. I. Statement of Facts. Plaintiffs Giovannotto Land and Cattle, LLC (“Giovannotto”), ...

Excerpt: ...ur commercial properties: the Palm Valley Apartments; the Magic Sands mobile home park; Villa Teresa mobile home park; and La Buona Vita mobile home park. (FAC, ¶¶ 3–4, 7–8.) The Barbaccias' family friend Jack Previte managed their businesses and finances for many years. (FAC, ¶ 7.) In 2004, they executed a 10‐year management agreement delegating their responsibilities as trustees of the Barbaccia Trust to Mr. Previte and fixing compensa...

Excerpt: ...uash service of summons by publication, which Plaintiffs oppose. As discussed below, the Court GRANTS Mr. Gettings's motion. I. BACKGROUND2 Mr. Gettings filed his first motion to quash service of summons on April 7, 2021, challenging Plaintiffs' attempt to serve him at Palantir's business address because he had not worked for Palantir since 2015. In support of that motion, he filed a declaration stating that he had “resided outside of the State...

Excerpt: ...t, and disinherited Angelo. While it now appears uncontested that a special needs trust in which Anthony is beneficiary (“SNT”) is a beneficiary of the Trust pursuant to the Fifth Amendment, the issue in the instant motion is whether the interests of Anthony and Angelo pertaining to the Fifth Amendment are in conflict such that plaintiffs' legal counsel should be disqualified from concurrent representation of Anthony and Angelo. On October 26...

Excerpt: ... in Mountain View, at which a number of businesses operate, including a Safeway supermarket. (See complaint, ¶ 15.) On November 21, 2018, at around 8:50 pm, plaintiff Nelly Luisa Amador (“Plaintiff”) parked her vehicle at an available handicap parking spot near the Safeway supermarket, exited her vehicle, and made her way to the supermarket; however, she tripped over a concrete parking space block that was placed within the handicap parking ...

Excerpt: ... sought declaratory and injunctive relief. This amended Complaint challenged several restrictions, the most recent of which had been imposed on December 3, 2020. Previously on December 9, 2021 the Court heard a motion for judgment on the pleadings (“JOP”) brought by Defendants Gavin Newsom, in his official capacity as Governor of the State of California, and Tomas Aragon, in his official capacity as the Director of State Department of Public ...

Excerpt: ...is Plaintiff's motion for preliminary approval of a settlement, which is unopposed. As discussed below, the Court requires further information to evaluate the settlement, and is disinclined to approve it unless the parties agree to amend the release to conform with Amaro v. Anaheim Arena Management, LLC (2021) 69 Cal.App.5th 521 (Amaro). I. BACKGROUND Plaintiff alleges that he was employed by Defendants as an hourly, non‐exempt employee from Ap...

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: ...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] ...