Excerpt: ...an 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 23 February 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Orders on: 1. Demurrer to Plaintiff's Complaint; and 2. Motion to Strike Plaintiff's Complaint. I. Statement of Facts. Plaintiff Chipongolo Mulenga (“Plaintiff”) is a Black woman who was b...

Excerpt: ...plus Lines Insurance Company, seeking compensation under their policies for losses resulting from the COVID‐19 pandemic. Before the Court are (1) Factory Mutual's demurrer to the operative First Amended Complaint (“FAC”) for failure to state a claim, and alternative motion to strike allegations from the FAC, and (2) Lexington and Starr's motion to quash for lack of personal jurisdiction or, alternatively, to sever for improper joinder and i...

Excerpt: ...uary 9, 2016, La Encina and Group One entered into an agreement in which Group One would perform certain construction work on La Encina's property in exchange for $3,900,000. (See La Encina cross‐complaint, ¶¶ 10‐11.) Group One breached the contract, failing to pay subcontractors, suppliers and laborers within 7 days after receipt of payment from La Encina, failing to hold payments received from La Encina for the benefit of subcontractors, ...

Excerpt: ...ising out of the alleged failure to pay for legal services rendered. According to the allegations of the FAC, Bomi, Peak Health and Joseph retained Plaintiff as its counsel in June 2018, as did defendant The Phyto Foundation (“Foundation”). (SAC, ¶¶23, 24, 26, 28 and Exhibits A, B, D and F.) Barahona executed the agreement for legal services with Plaintiff on behalf of the Foundation. (Id., ¶ 28.) At their initial and subsequent meetings, ...

Excerpt: ...ON This is an action under the Unfair Competition Law (“UCL”) and Consumers Legal Remedies Act (“CLRA”), arising out of defendant Comcast Cable Communications, LLC's (“Defendant”) alleged unlawful marketing and sales practices used in providing Xfinity cable, internet, home telephone, security, and/or other subscription services to consumers. (Complaint, ¶ 2.) 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 ...

Excerpt: ...2022 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION Plaintiff David Chai (“Chai”) brings this putative consumer class action pursuant to the California Fair Debt Buying Practices Act (“CFDBPA”) against defendants Velocity Investments, LLC and Velocity Portfolio Group, Inc. (collectively, “Defendants”). According to the allegations of the Class Action Complaint (“Complaint”), fil...

Excerpt: ...laintiffs, vs. CITY OF SAN JOSÉ, 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. 17CV312610 TENTATIVE RULING RE: MOTION FOR SUMMARY JUDGMENT The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on February 23, 2022 at 1:30 p.m. in Department 3. The c...

Excerpt: ...tive ruling as follows: I. INTRODUCTION This is a class and representative action arising out of various alleged wage and hour violations. The operative First Amended Complaint (“FAC”), filed on November 25, 2020, sets forth the following causes of action against defendant Joseph J. Albanese, Inc. (“Defendant”): (1) Minimum Wage Violations; (2) Rest Period Violations; (3) Meal Period Violations; (4) Failure to Indemnify All Necessary Busi...

Excerpt: ...epartment 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a representative action pursuant to the Private Attorneys General Act of 2004 (“PAGA”), the class claims having been dismissed without prejudice at Plaintiff's request on August 20, 2021. The First Amended Complaint, filed on December 17, 2019, sets forth an Eleventh Cause of Action under PAGA, which includes claims for violations of various Labor Code ...

Excerpt: ...or the services. Defendant breached the contract by failing to pay for services. It is further alleged that on January 14, 2014, defendant executed a written guaranty and addendum to the contract. The complaint alleges three causes of action for breach of the written engagement agreement, breach of the written guaranty agreement and for successor in interest. Trial is set for March 21, 2022. On December 21, 2021, plaintiff filed the instant motio...

Excerpt: ...e attending physician, Dr. Ngai Nguyen (“Dr. Nguyen”). (Ibid.) Dr. Nguyen determined that Huynh needed to be placed in a facility with skilled nursing care for his rehabilitation. (Ibid.) Dr. Nguyen recommended Mission De La Casa Nursing Center (“Mission”) to Huynh of which Dr. Nguyen wholly owns and controls. (Ibid.) Dr. Nguyen stated Huynh would be discharged from the nursing facility when he was stronger. (Ibid.) Dr. Nguyen told Huynh ...

Excerpt: ...must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 18 February 2022. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON DEMURRERS TO THE CROSS‐COMPLAINT I. Statement of Facts Complaint In or about early March 2018, plaintiff Chaoliang Gu aka Colin Gu (“Gu”) first met defendant Peter Moran aka Pierre Moran (“Moran”) when he was applying for a product manager role at ...

Excerpt: ...call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on February 18, 2022. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION FOR JUDGMENT ON THE PLEADINGS I. Statement of Facts. Complaint Defendant Ali Kamarei (“Kamarei”) is in a romantic relationship with plaintiff Jane Doe's mother. (Complaint, ¶5.) Because of this romantic relationship, defendant Kamarei is often left a...

Excerpt: ...), on January 20, 2018, Tostado was driving a ProTransport ambulance in a negligent manner, causing it to collide with Plaintiff's vehicle, resulting in injuries to him. B. Procedural Based on the foregoing, the Complaint1 was filed on January 7, 2020, asserting claims for motor vehicle negligence and general negligence. On August 27, 2021, Defendants filed the instant motion for summary judgment. Plaintiff opposes the motion. II. Defendants' Mot...

Excerpt: ...and on any terms as may be proper, allow a party to amend any pleading…' [Citation.] However, the court's discretion will usually be exercised liberally to permit amendment of the pleadings. The policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified.” (Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428.) “Although courts are bound to apply a policy of great liberality in...

Excerpt: ...H. 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 to al...

Excerpt: ...�) entered into a written lease agreement (the “Lease Agreement”). (Complaint at ¶ 7.) Under the Lease Agreement, defendant Mosaic agreed to lease certain premises located at 3595 Stevens Creek Blvd. in Santa Clara, California, for a term of approximately two (2) years and two (2) months, beginning on or about November 1, 2019, and ending on or about December 31, 2021. (Ibid.) In connection with the Lease Agreement, defendant Eyekick Visual,...

Excerpt: ...Discover's demand. B. Procedural Based on the foregoing allegations, Discover initiated this action on November 18, 2020, with the filing of the Complaint, which asserts claims for open book account and account stated. On December 15, 2020, Jennings filed an answer. On August 31, 2021, Discover filed the instant motion for summary judgment, or in the alternative, for summary adjudication for each cause of action. On February 15, 2022, Jennings fi...

Excerpt: .... (Id.) In October 2020, Decedent developed signs and symptoms of infection, including chills, a fever, increasing confusion and other symptoms. (Id.) Plaintiff Alice Mohorko‐Lotter (“Plaintiff”) spoke with Decedent on the telephone and noted her increased confusion to staff; however, there is no documentation or evidence that the staff took any steps to follow up on these signs and symptoms, or reported them to her physician. (Id.) Deceden...

Excerpt: ...orth 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 16 February 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Petition of Defendants to Compel Arbitration and Dismiss/Stay Action. I. Statement of Facts. Plaintiff filed this complaint on 26 January 2021. 14 Plaintiff is emp...

Excerpt: ..., 2019, defendants filed a memorandum of costs. Plaintiffs appealed the anti‐SLAPP order, and on July 7, 2021, the Court of Appeal issued its opinion affirming the order (modified on August 11, 2021). Defendants are awarded their costs on appeal. On September 30, 2021 the Court of Appeal issued a remittitur which was amended on October 5, 2021. On October 28, 2021, defendants filed a second memorandum of costs on trial, and a memorandum of cost...

Excerpt: ... 9, 2020. On November 9, 2021, plaintiff filed the instant motion to disqualify Sheppard, Mullin, Richter & Hampton (“SMRH”) as attorneys for defendant, strike answer of defendant, and for sanctions. On February 3, 2022, defendant filed opposition, and on February 8, 2022, plaintiff filed reply. Summary of contentions Plaintiff asserts that SMRH represents VMware in another, unrelated lawsuit, Awadallah v. VMware, Inc., filed with the Santa C...

Excerpt: ...parate discovery requests on Plaintiff: Demand for Inspection of Documents, Set One; General Form Interrogatories, Set One; Employment Form Interrogatories, Set One; Special Interrogatories, Set One; Requests for Admission, Set One. The time for responding to this discovery has long since expired. According to Plaintiff's Opposition papers filed on 2/1/22, the motions are moot because complete, code compliant verified responses to all of the disc...

Excerpt: ...arty opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 16 February 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order On Motion of Defendant Kenzo Sudo for Summary Judgment; or in the alternative, for Summary Adjudication. I. Statement of Facts. In or around 1998, plaintiff Alan Yu (“Yu”) joined defendant Advan I...

Excerpt: ...sing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 16 February 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion by Plaintiff for Summary Judgment re: Plaintiff's Verified First Amended Complaint, or, in the alternative, Summary Adjudication. I. Statement of Facts. Plaintiff Lan Bui (“Bui”), an individual a...