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: ... of Robert Quist, David Becker, Becker Legal Group, LLC, and Bridge and Post, Inc. (“Bridge”) (collectively, “Cross‐Complainants”). III. Background C. Factual This is an action for breach of a settlement agreement purportedly reached to settle a lawsuit initially filed by Kleidman in 2013. According to the allegations of the CrossComplaint, in November 2010, technology startup Feeva ran out of funds and went out of business. (Cross‐Co...

Excerpt: ...plaintiff's performance of the contract and that a sum is due to plaintiff. On August 31, 2021, defendant filed the instant demurrer to plaintiff's complaint. The demurrer is a special demurrer filed on the ground that plaintiff does not have the legal capacity to sue. Subdivision (b) of Code of Civil Procedure section 430.10. Amended notice of hearing is on file. No opposition to the demurrer has been filed. Request for judicial notice Defendant...

Excerpt: ... the former head pastor and board chairman of the Church and Hungsun is his wife. (FAC, ¶¶ 12, 14.) Kim and Jung are former board members and chief financial officers of the SJKCC. (FAC, ¶ 13.) Austin is a close associate of Francis' and was the agent of service of process for an entity named Healing Hands Dental Mission, Inc. (“HHDM”). (FAC, ¶ 30.) Park is Austin's wife. (FAC, ¶ 15.) In May 2019, Francis was suspended from his board cha...

Excerpt: ...Id.) During the course of their online interactions, Coons claimed her 17 year old son studying in Ghana was in the hospital following an automobile accident. (Id.) Coons claimed her son had a severe spinal fracture and asked plaintiff Sharma for financial help. (Id.) Skeptical of online dating scams, plaintiff Sharma requested picture ID, a UN appointment letter, proof of residence, video call, and hospital bills from Coons. (Id.) Coons provided...

Excerpt: ...deed of trust on real property located at 505 Las Coches Ct. in Morgan Hill. (Complaint at ¶ 11, Ex. A.) Plaintiff Sandra Harmon (“Plaintiff”) signed the agreement as Director of Arttec. (Ibid.) The deed of trust named Western Resources Title as the trustee, and CFS as the beneficiary. (Ibid.) On October 11, 2018, an assignment of the deed of trust was recorded, naming Civic Holdings I Trust (“Trust”) c/o Fay Servicing, LLC (“Fay”) a...

Excerpt: ...' 91‐year old mother, Ressurrection “Rosie” Arevalo Arteche (“plaintiffs' mother”) entrusted defendant to hold the plaintiffs' mother's cash in five envelopes totaling $25,300 while plaintiffs' mother travelled abroad. The full amount was not returned to plaintiffs' mother after she returned from traveling. A deficiency of $16,200 forms the basis of the lawsuit. On June 23, 2021, defendant propounded identical sets of special interrogat...

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...

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: ...ught by Defendants PDI Legacy, Inc., Acrisure of California, LLC and Jon Voorhies (hereafter “Defendants”) on November 18, 2021. An amended notice of motion was filed on December 17, 2021. Plaintiff's opposition to the motion was filed on February 9, 2022. I. Motion to Strike Pursuant to Code of Civil Procedure (“CCP”) §436 a court may strike out any irrelevant, false, or improper matter inserted into any pleading or strike out all or pa...

Excerpt: ... hearing, plaintiff requested that the court rule on each interrogatory, primarily for a record of rulings on general objections and objections to each request in response and amended response of defendant set forth in defendant's amended responses to plaintiff's request for production, set one. After consideration of the authority and argument of counsel set forth in the papers filed in support, opposition and reply, the court issues the followi...

Excerpt: ...that the term “warranty repairs” is vague, ambiguous, and overbroad is OVERRULED. While defendant may answer the SI by specifying writings where the answer can be derived or ascertained, here the response lacks sufficient detail to permit the propounding party to locate and identify the answer to the SI. The motion to compel further response to the interrogatory is GRANTED. Defendant shall serve a further response to the SI, without objection...

Excerpt: ... for plaintiff's deposition at the office of attorneys for defendant or be permitted to appear remotely via Skype or other platform. Subdivision (a) of Section 2025.310 permits the deposition officer/reporter to appear at the deposition remotely at the election of either the deponent or deposing party, and expressly provides that the deponent is not required to be physically present at the same location with the deposition officer/reporter. While...

Excerpt: ...brings his own motion for summary adjudication of this issue, which Defendants oppose. As discussed below, the Court GRANTS Defendants' motion and DENIES Plaintiff's. I. BACKGROUND A. Factual As alleged in the operative complaint, Defendants maintain and operate a health and fitness facility in California, where Plaintiff was employed. (First Amended Representative Action Complaint (“FAC”), ¶¶ 2, 14, 15.) Plaintiff alleges that Defendants c...

Excerpt: ...fendant from May 30, 2012 until the date of request and (c) Defendant's annual and quarterly general ledgers listing all financial transactions from May 30, 2012, until the date of request. The documents were to be provided by May 14, 2019. Plaintiff also contends that Defendant is in violation of a stipulated order dated June 19, 2019 that Defendant produce “top level” documents maintained by Defendant to sufficiently identify Defendants ann...

Excerpt: ...n the Interactive Process; (3) sixth cause of action for Failure to Accommodate Disability; and (4) seventh cause of action for Retaliation (use of or interference with CFRA rights). Plaintiff requests that the Court grant the motion “in the furtherance of justice” and argues that absent a showing of prejudice, delay alone is not grounds for denial of a motion to amend. (California Civil Procedure Code sections 473 subdivision (a) and 576). P...

Excerpt: ...ue, in Sunnyvale, California (the “Property”) which is Plaintiff's primary residence. (Complaint at ¶ 11.) In May 2007, Plaintiff obtained a loan in the amount of $330,000 from Washington Mutual Bank, FA (“WAMU”), secured by a Deed of Trust against the Property. (Ibid.) The subject loan was assigned multiple times resulting in a constant revolving door of loan beneficiaries and servicers. (Complaint at ¶ 14.) Within a few years of Plain...