Excerpt: ... stolo The following is a statement of the court's tentative ruling. The court may adopt, modify or reject the tentative ruling after considering the parties' oral arguments. The tentative ruling will have no legal effect unless adopted by the court. No notice of intent to appear is required. If you wish to submit on the tentative decision, you may send a telefax to Judge Borrell's secretary, Denise Arreola, at 805‐477‐5894, stating that you ...

Excerpt: ...ays from the notice of this order. The Court notes from a review of its file for this action that all parties affected by this motion were given timely and proper notice. The Court has not received any response to this motion. CCP §387(b) allows a party who has an interest in a litigated action to intervene in that action, because “The purpose of the statute is to protect the interests of persons affected by a judgment, to obviate delay, and t...

Excerpt: ...ers”. The minutes are dated July 11, 2019, and state that, pursuant a notice on August 11, 2019, the majority shareholders of “Enabledware DS, LLC” voted to assign the rights of “Enabledware DS, LLC” against Lindow and Turner to Tabatabai. The demurrer to these causes of action is sustained. LAW AND MOTION TENTATIVE RULINGS DATE:NOVEMBER 26, 2019 TIME: 8:30 A.M. 3 As to the fifth cause of action for fraudulent transfer : Cross‐complai...

Excerpt: ...a cause of action. (See Code Civ. Proc., § 430.10, subd. (e).) In general, “a complaint must contain ‘[a] statement of the facts constituting the cause of action, in ordinary and concise language.'” (Davaloo v. State Farm Insurance Co. (2005) 135 Cal.App.4th 409, 415, quoting Code Civ. Proc., § 425.10, subd. (a)(1).) “This factpleading requirement obligates the plaintiff to allege ultimate facts that as a whole apprise[ ] the adversary ...

Excerpt: ... were parties to a Fee for Service Hospital Agreement (the “Contract”). (Id. at ¶ 7.) Pursuant to the Contract, should it terminate while Defendant's members were undergoing medical treatment with Plaintiff, Plaintiff was obliged to continue to care for these members, for payment at the Contract rates, until Defendant arranged for alternative services. (Id. at ¶ 8.) The Contract terminated effective January 2016, and Plaintiff became an “...

Excerpt: ...ocedures: The law and motion calendar in Courtroom 20 before Judge Matthew P. Guasco starts promptly at 8:30 a.m. Ex parte applications will be heard at the same time as matters on the law and motion calendar. Parties appearing by Court Call must check in with the Judicial Assistant by 8:20 a.m. No notice of intent to appear is required. Parties wishing to submit on the tentative decision must so notify the Court by e‐mail at Courtroom20@ventur...

Excerpt: ...ral Arbitration Act (9 USC §1 et seq.), as Defendant has presented evidence that the subject agreement qualifies as a written contract involving interstate commerce. Plaintiff has failed to demonstrate that the agreement is unenforceable due to unconscionability. The Court does find some measure of procedural unconscionability inherent in the mandatory nature of the agreement. In addition, the location of the arbitration provisions within the 70...

Excerpt: ...erits evaluation required by Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4 th 116, 129. 1. Class Notice The parties have stipulated that notice period for class members to object or opt out of the settlement shall be 60 calendar days from the mailing of the class notice. The court has determined that this period of 60 days for class members to take action is reasonable and proper. The settlement agreement provides no claim form will be ...

Excerpt: ...her counsel or a third‐ party observer. Factual and Procedural Background This is a personal injury action. On or about August 15, 2017, Arias, TVTI, and defendant Trans Valley Transport (collectively, “Defendants”) “negligently owned, operated, maintained, entrusted, and/or controlled” a vehicle and “cause[d] it to collide with [Gobezie and plaintiff Orlando Torres Cardoza's (collectively, ‘Plaintiffs')] vehicle.” (Complaint, ¶�...

Excerpt: ... a dispute between business partners. According to the third amended complaint (“TAC”), GCI operates a licensed card room in San Jose, California. (TAC, ¶ 1.) From 2007 to June 26, 2016, Swallow was a director and secretary of GCI. (Id. at ¶ 5.) In addition, until June 9, 2017, Swallow held 12,500 shares in GCI, equaling fifty percent of the outstanding shares. (Ibid.) At that time, Peter V. Lunardi III and Jeanine Lunardi (collectively, �...

Excerpt: ... May 4, 2017, BE filed in the instant action, a motion to stay proceedings pending related proceedings in the Ontario court. On June 5, 2017, GI filed its opposition to the motion to stay. On May 8, 2017, GI filed a motion to dismiss or stay the Ontario action on the basis of forum non conveniens and a lack of personal jurisdiction over it. On June 20, 2017, the Court [Hon. Stoelker] granted BE's motion to stay the California proceedings, stating...

Excerpt: ... Set Aside Notice of Settlement was given to the defendant. The Court has not received any response to this MSJ or this motion to vacate and set aside notice of settlement. Plaintiff's Request for Judicial Notice as to JN-1 and JN-2 is granted under Evidence Code §452(a). Plaintiff's MSJ arises out of defendant Jessi Mendez's default on a credit card obligation to plaintiff Discover Bank. Discover Bank's complaint pleads the common counts of ope...

Excerpt: ... 6.) Plaintiff alleges that she endured harassment, discrimination, and retaliation because she took medical leave for a physical disability and made complaints regarding patient care and safety. (Id. at p. 2:5‐10 & ¶¶ 8‐12, 14, 16‐17, & 19‐29.) Plaintiff further alleges that she was denied reasonable accommodations for her disability. (Id. at ¶¶ 23‐29.) Based on these allegations, Plaintiff filed a complaint against Defendant on Ju...

Excerpt: ...oat, LLC (collectively, “Plaintiffs”) bring this action against TDTSA Inc., d.b.a. Keller Williams Saratoga (“Defendant”) and one of its brokers, David Propach, among others, for damages associated with breach of contract. According to the allegations of the complaint, RADE Properties, LLC (“RADE”) was formed to acquire, improve and resell real property on a short‐term basis. (Complaint, ¶ 25.) One of the properties identified by R...

Excerpt: ...survived her. Plaintiffs first commenced an action against Storer on April 6, 2017, several months after the fatal collision. (Case No. 17CV308243.) In 2018, Plaintiffs seemingly decided they wanted to name the City and the District as defendants, but had not presented these public entities with an administrative claim. Acknowledging that their deadline for doing so was July 3, 2017, Plaintiffs applied to the District and the City to present a la...

Excerpt: ...December 17, 2016. In her complaint, plaintiff Carolyn Amster (“Plaintiff”) alleges that the lighting and walkways in the parking garage were defective and dangerous, resulting in her falling and injuring herself. She further contends that SPG, the owner of the Shopping Center, is responsible for the defects because SPG failed to inspect or properly maintain the garage. Plaintiff filed her complaint on June 7, 2017, asserting claims for (1) p...

Excerpt: ...nd into an uncovered, unguarded floor opening. (See Second Amended Complaint [“SAC”], first cause of action, ¶ GN‐1.) Plaintiff was injured on the site while performing work for his employer, West Coast Architectural Sheet Metal. (See Defendant Joseph J. Albanese, Inc.'s [“JJA”] Separate Statement of Undisputed Facts at No. 2.) Plaintiff alleges JJA and other defendants negligently constructed, maintained, inspected, managed, supervise...

Excerpt: ...pect to defendants Aetna Inc., Aetna Life Insurance Company, and Aetna Health of California Inc. (collectively, “Aetna”) who are in the business of underwriting and administering managed health care insurance plans. (Complaint, ¶¶4 – 6.) In other words, Plaintiff has not contracted with Aetna to participate in Aetna's provider network, or to provide services to Aetna insureds at discounted reimbursement rates. (Complaint, ¶6.) California...

Excerpt: ... that Plaintiff “filed a complaint regarding quantum meruit and unjust enrichment no June 24, 2014 in Fulton County Atlanta, Georgia. These claims were based on the fact that Johnson provided an idea for the defendant that was the complete basis for the ‘Nordstrom Rack App' . . . Quantum meruit and unjust enrichment were litigated in Georgia merely because that is where the plaintiff resides as well as the defendant's doing business there as ...

Excerpt: ... motion was continued due to Defendants' arguments first made in reply papers, including a reply declaration of David Koehler, claiming that his failure to initial the arbitration clause was “simply an oversight or clerical error.” In California, “the party seeking arbitration bears the burden of proving the existence of an arbitration agreement by a preponderance of the evidence, and the party opposing arbitration bears the burden of provi...

Excerpt: ...intiff's hematologist/oncologist in June 2005. Plaintiff alleges that Dr. Wong failed to properly evaluate tests performed on her and consequently failed to detect that she had been diagnosed with leukemia rather than lymphoma. This failure resulted in Plaintiff being treated with unnecessary FCR chemotherapy for six months and extended the treatments actually necessary to treat her leukemia. B. Procedural Plaintiff filed her Complaint against De...

Excerpt: .... Nesse failed to act with a sufficient degree of competence and committed malpractice in representing Plaintiff. (Id. at ¶ 6.) Due to his negligence, the resulting custody orders were deficient in various ways and Plaintiff's children were not sufficiently protected. (Ibid.) Plaintiff attributes Mr. Nesse's negligent representation to his chronic and ultimately terminal illness which he did not disclose. (Id. at ¶ 8.) Since his representation ...

Excerpt: ...FAC, asserting causes of action for motor vehicle negligence and negligence against the motorcycle rider, Andrew Alfred Radin and his employer, Twoxar, Inc., and a premises liability cause of action against Hewlett Packard, Inc. (“HP”). HP demurs to the cause of action for premises liability, asserting that the FAC does not allege any duty owed by HP, any breach of that duty, or causation of Birecki's injury. The alleged duty The FAC's attach...

Excerpt: ...at Rayapati and Vijayasri Rayapati met each other socially through a cousin of Plaintiff. (SAC, ¶¶ 10, 11.) Based on this relationship, Plaintiff was fraudulently induced to invest in Defendants' business enterprise, SAI. (Id. at ¶¶ 60, 61.) Plaintiff initially loaned them $100,000 relying on detailed and elaborate representations about Defendants' 3G/4G technology, big‐name investors, and customer base including several large companies. (I...

Excerpt: ...toxicated despite her limited consumption of other alcoholic beverages prior to arriving at the Willow Den. After consuming Mackiewicz's concoction, Plaintiff's friend felt weird and Plaintiff stated they should go home. According to Plaintiff, security footage from the area shows her leaving Willow Den with Abundiz, rather than her friend, and stumbling with him to the self‐storage facility. Additional footage shows Abundiz leaving the facilit...

Excerpt: ..., pursuant to a written agreement dated July 16, 2015 (the “Lease”), Cross‐Defendants leased a commercial real property located at 1566 South 7th Street in San Jose (the “Premises”) to Celebuddy for the purpose of operating a medical cannabis facility. (Complaint, ¶¶ 1, 4, Exhibits A and B.) Tran, the President of Celebuddy, signed a written Guaranty of the Lease on August 27, 2015 (the “Guaranty”). (Id., ¶ 5, Exhibit C.) On Sept...

Excerpt: ...Marta Mester (“Mesters”) own real property commonly known as 15645 On Orbit Drive in Saratoga (“Mester Property”). (FAC, ¶2.) The real properties owned by Plaintiffs and the Mesters share a common boundary. (FAC, ¶6.) The Mester Property is burdened by a public easement. (Id.) Defendant Pacific Gas & Electric Company (“PG&E”) installed an electrical pole and service lines pursuant to the public utility easement. (Id.) The Mesters ac...

Excerpt: ..., ¶ 11.) The trustee's deed upon sale attached to the FAC reflects Plaintiffs paid $187,491.35 for the Property, which was the amount of the outstanding debt owed by the previous owners, the Carneros, plus costs. (FAC, Ex. A.) Plaintiffs also allege facts reflecting the mortgage foreclosed upon may have been the Carneros family's 2007 purchase‐money mortgage securing a $650,000 loan made by Bear Stearns, which was subsequently acquired by defe...

Excerpt: ... an employment case. On June 26, 2017, plaintiff Meera Kaul (“Plaintiff”) accepted employment with defendant Vasper Systems, LLC (“Vasper”) as its Chief Executive Officer and entered into a written employment contract with the company. (First Amended Complaint [“FAC”] at ¶¶ 22‐23.) The agreement provides, among other things, that Plaintiff would receive an annual salary of $300,000 and she would be reimbursed for “out‐of‐poc...

Excerpt: ... Laboratory Technician (“MLT”) program. (See Third Amended Complaint [“TAC”] at ¶ 20.) Plaintiff thereafter enrolled in the MLT program at De Anza College. (Ibid.) After Plaintiff started the program, defendant Patricia Buchner (“Buchner”) notified him that he needed to complete an “externship” at a clinical agency in order to graduate from the program. (TAC at ¶¶ 22, 28.) The school was responsible for providing students with ...

Excerpt: ... value of the contract was $2.27 million. (Id. at ¶ 6.) Plaintiff performed all covenants, promises and conditions under the contract, but Defendant has not paid Plaintiff as agreed. (Id. at ¶¶ 7, 8.) Plaintiff has sustained damages after payments received of not less than $1.05 million. (Id. at ¶ 9.) As a result, Plaintiff brings the SAC alleging (1) breach of written contract; (2) money had and received; (3) money paid; (4) money lent; (5) ...

Excerpt: ...igent entrustment. Bernal and Radloff have a discovery dispute over Radloff's responses to requests for admissions, set one (“RFA”) and a related form interrogatory (“FI”) propounded by Bernal. More specifically, the parties dispute whether Radloff properly responded to RFA Nos. 1–4, 7– 8, 12, and 29 as well as FI No. 17 .1, which concern negligence, causation, damages, and apportionment of fault. Bernal maintains Radloff's objections...

Excerpt: ...ms from three underlying cases: (1) a marital dissolution case, Evgeniya Kulikova v. Sergey Firsov (Santa Clara County Superior Court, Case No. 18‐FL‐000341); (2) a civil harassment case, Ekaterina Berman v. Sergey Firsov (Santa Clara County Superior Court, Case No. 19‐CH‐008591); and (3) a civil harassment case, Sergey Firsov v. Evgeniy Babichev (Santa Clara County Superior Court, Case No. 19‐ CH‐008613). Berman, an attorney, represe...

Excerpt: ...15, 2012, defendant Leal filed a complaint on behalf of plaintiff Tran against LaForge (“2012 Action”). (FAC, ¶4.) In or about December 2012, plaintiff Tran and defendant Leal entered into a hybrid hourly/contingency fee agreement which was subsequently modified in or about October 2013 to increase the percentage of recovery if a settlement was reached pre‐trial and to increase the deposit, among other things. (FAC, ¶5.) Defendant Leal su...

Excerpt: ... action pursuant to a forum selection clause. Plaintiff opposes these motions. The Innogy entities' motion to join in the motion by iTy, Cong, and Hess is GRANTED. I. Allegations of the Operative Complaint According to the First Amended and Supplemental Complaint (“FAC”), Rogers and his business partner Michael Mintz formed iTy in September of 2014 in San Francisco, with the plan to provide workforce management software to companies of all si...

Excerpt: ...he Honorable Thomas E. Kuhnle on November 15, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION These are two coordinated cases arising out of alleged Labor Code violations. The Turner case is a putative class action. Turner's Second Amended Class Action Complaint for Damages (“Turner SAC”), filed on July 1, 2019, sets forth the following causes of action: 2 1 2 3 4 5 6 7 8 9 10 11 12 13...

Excerpt: ...mber 15, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: V. INTRODUCTION This is a putative class action arising out of various alleged Labor Code violations. The Second Amended Complaint, filed on September 18, 2019, sets forth the following causes of action: (1) Failure to Provide Meal Periods; (2) Failure to Provide Rest Periods; (3) Failure to Pay Hourly Wages; (4) Failure to Indemnify; (5) Failure to...

Excerpt: ...rt is plaintiffs' motion for final approval of the settlement and for approval of their attorney fees, costs, and service awards. Plaintiffs' motion is unopposed. I. Legal Standards for Approving a Class Action/PAGA Settlement Generally, “questions whether a settlement was fair and reasonable, whether notice to the class was adequate, whether certification of the class was proper, and whether the attorney fee award was proper are matters addres...

Excerpt: ...ived in the house behind Plaintiffs' Property reserved an easement extending 20 feet onto Plaintiffs' Property for ‘Yard Purposes.' A fence was constructed along the 20 foot strip and there was shared fencing along the public street. A copy of the deed reserving the 20‐foot strip is attached herein as Exhibit ‘A'.' (Complaint at ¶5.) Plaintiffs further allege that when Defendants Carl & Diana Farsai (“Defendants”) bought the house behi...

Excerpt: ... value of the contract was $2.27 million. (Id. at ¶ 6.) Plaintiff performed all covenants, promises and conditions under the contract, but Defendant has not paid Plaintiff as agreed. (Id. at ¶¶ 7, 8.) Plaintiff has sustained damages after payments received of not less than $1.05 million. (Id. at ¶ 9.) As a result, Plaintiff brings the SAC alleging (1) breach of written contract; (2) money had and received; (3) money paid; (4) money lent; (5) ...

Excerpt: ...o Walmart. (See evidence cited by separate statement of undisputed material facts, no. (“UMF”) 1.) An addendum to the agreement was executed on May 20, 2014, and pursuant to the addendum, Unified agreed to provide “one (1) outside facility security guard” from 10 am (10:00) until 12 midnight (24:00), seven days a week. (See UMFs 2‐3.) Unified determined the scheduling of its employees, and Walmart paid a contractual rate to Unified for ...

Excerpt: ...��Subject Property”). (Second Amended Complaint (“SAC”), ¶¶5 and 16.) The Agreement was a partnership enterprise and contained two main components. (SAC, ¶17.) The first component was a service agreement wherein Asefi was to perform, or cause to be performed, certain work upon the Subject Property to improve its condition for re‐sale. (SAC, ¶18.) The second component was a partnership and/or joint venture between Asefi and Marifat whe...

Excerpt: ...n (a). (Id. at 2:5‐7.) Defendant opposes the taking and use of its property by City. (Id. at 2:13‐16.) As a result, on October 2, 2019, Defendant filed a notice of demurrer and opposition to City's Motion for Prejudgment Possession. Before the Court is City's motion to strike. II. Motion to Strike Plaintiff moves to strike the demurrer1 and the opposition to Motion for Prejudgment Possession. However its notice of motion and memorandum of poi...

Excerpt: ...daughter.” (Complaint, ¶ 12.) The listed plaintiff is David Baez and the listed “attorney” on the complaint is “Raymond Baez Pro Se 99500.” On the Case Management Conference statement filed on May 24, 2019, similarly, “Raymond Baez Pro Se 99500” is listed as the attorney for plaintiff David James Baez. Here, the statement states “David James Baez was found dead on apartment floor, related unlawful detainr [sic] case… cash stole...

Excerpt: ...ing the fork where the road divides into Serra Way. (Complaint, ¶9.) Defendant Joel Tomas Quezada Martinez (“Martinez”), in the course of employment with defendant Preston Pipelines, Inc. (“Preston”), was driving a large dump truck in one of the lanes proceeding onto eastbound Calaveras Boulevard. (Complaint, ¶12.) Plaintiff Dinh was preparing to proceed to Serra Way at the fork when all of a sudden and without warning, defendant Martin...

Excerpt: ... at the compounding pharmacy where she worked and that Pharmaca then terminated her shortly before her medical leave expired in retaliation and without engaging in an interactive process. Sewak asserts causes of action against Pharmaca and Stahl for: (1) negligence (against Stahl); (2) disability‐based discrimination (against Pharmaca); (3) failure to provide reasonable accommodation (against Pharmaca); (4) failure to engage in interactive proc...

Excerpt: ...minorities, were using the pool when Defendant began questioning them in a racially hostile manner. Plaintiff was alerted to this issue and came to the pool to inquire about what was happening. After some discussion, Defendant lunged at her and forcefully grabbed her arm. These actions were racially motivated. On December 19, 2017, Plaintiff filed a complaint asserting causes of action against Defendant for assault, battery, and intentional infli...

Excerpt: ...t, Plaintiff is employed by Santa Clara County Counsel's office. (Complaint, ¶ 3.) Her office is in a building owned, managed, maintained and controlled by Defendants. (Id. at ¶ 3.) The sidewalk between the building and vacant lot on the premises was dangerous and unsafe due to depressions and holes in the sidewalk, jagged breaks in the sidewalk, differing heights at portions of the sidewalk, and crevices which run across the concrete. (Ibid.) ...

Excerpt: ...iffs and Jagdip, who are siblings, as well as Kaur, Jagdip's wife, entered into an oral agreement to partner together to purchase an Arco consisting of a gas station and a workshop for automobile smog equipment inspection (“Arco”). (FAC, ¶ 11.) The agreement provided that: the parties would each pay $120,000 towards the purchase; Ranjit and Jagdip1 would secure a loan for $185,000 using their house as collateral; $55,000 would be borrowed fr...

Excerpt: ... Department. (Complaint at ¶ 7.) On May 26, 2017, the firearm that was stolen from Lucio's car was used by juveniles to shoot and maim plaintiff Michael Tomas near his home in Gilroy. (Id. at ¶ 12.) Thereafter, Michael Tomas and his wife, Amanda Tomas (collectively, “Plaintiffs”), filed a civil action against Lucio in Santa Clara County (case no. 18CV329796) which is currently pending. (Complaint at ¶ 13.) During discovery in that proceedi...