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: ...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: ... 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: ...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: ....) 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: ...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: ...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: ...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] ...

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: ... 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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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...