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 16 February 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order Motion of Plaintiff for Monetary, Issue, Evidence, and Terminating Sanctions for Spoliation of Evidence. I. Statement of Facts. Plaintiff filed this complaint on 19 April 2019. 1...

Excerpt: ... is opposed by Defendant. DISCUSSION I. Applicable Law “Motions for leave to amend are directed to the sound discretion of the judge: ‘The court may, in furtherance of justice 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 de...

Excerpt: ...roved in an order filed on October 22, 2021. 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 are Plaintiffs' motions for final approval of the settlement and for approval of their attorney fees, costs, and service awards. The motions are unopposed. As discussed below, the Court GRANTS final approval, but awards only the $20,888.21 in ...

Excerpt: ...ination. 2 The parties reached a settlement, which the Court preliminarily approved in an order filed on October 22, 2021. 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 her attorney fees, costs, and service award. The motion is unopposed. As discussed bel...

Excerpt: ...6 I. BACKGROUND According the complaint, Plaintiff worked for Defendant from August 2011 to January 17, 2019 as an hourly, non‐exempt employee. (Complaint, ¶ 7.) During this time, he and other California employees were provided with wage statements that failed to identify Northrop Grumman's legal name and address; failed to identify any applicable hourly rates of pay; and failed to state employees' total hours worked accurately when overtime w...

Excerpt: ...dividual Defendants were employed by Plaintiff. In or around March 2021, Individual Defendants created Rooled, also an accounting software and services company. Individual Defendants forwarded confidential information belonging to Plaintiff to their personal email accounts and poached dozens of Plaintiff's clients for Rooled. The FAC asserts the following causes of action: (1) misappropriation of trade secrets (against all Defendants), (2) breach...

Excerpt: ...y opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 09 February 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Demurrer to the First Amended Complaint by Defendant County of Santa Clara. I. Statement of Facts. This is a sexual assault action. According to the first amended complaint (“FAC”), beginning in o...

Excerpt: ...nts & Medical Credit Corporation, Inc. (“MMCC”) and James Matthew Hresko oppose this motion. Also at issue is a motion to quash for lack of personal jurisdiction by Mr. Brewer and Ms. Church, which Plaintiff opposes. As discussed below, the Court GRANTS the motion for leave to amend and DENIES the motion to quash. I. BACKGROUND MMCC is a Michigan corporation engaged in the business of collecting defaulted consumer debts in California. (Compla...

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 09 February 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Orders on: 1. Motion of Defendant to Compel Plaintiff to Provide Further Responses to Interrogatories and Request for Production of Documents and for Monetary Sanctions; and 2. Motion of Plaintiff to...

Excerpt: ...egations: n the early morning hours of August 25, 2019, Sunnyvale Police located a stolen car in the parking lot of a bar. Sunnyvale police officers placed a tire deflation device under the tires of the car. Defendant Stop Stick manufactured the deflation device. The officers watched Claudio Perez (“Perez”) exit the bar, enter the car and drive away. Police then tried unsuccessfully to activate the deflation device. The officers then attempte...

Excerpt: ...nts, including Doe Defendants, is responsible for the alleged occurrences. (See complaint, ¶ 6.) Shortly after moving in, Plaintiff was harassed by his neighbors and was bothered by door slamming. (See complaint, ¶ 10.) On October 9, 2020, Plaintiff submitted a form request for reasonable accommodations requesting to be moved to another unit in the building as a reasonable accommodation of his disability. (See complaint, ¶ 11.) Defendants fail...

Excerpt: ...”) alleging and seeking to enjoin the alleged wasting of taxpayer property by failing to properly maintain the Reid‐Hillview airport (“Reid‐ Hillview” or “RHA”) and from causing further disrepair to it. (Complaint, ¶ 3.) According to the allegations of the Complaint, RHA provides and supports emergency responses for Bay Area Hospitals, in addition to housing Cal Fire operations and the Civil Air Patrol, which provides disaster reli...

Excerpt: ...a Clara County Superior Court case no. 20CV370960 against plaintiff for equitable relief of set aside of the August 4, 2017 (“separate action”). Pursuant to an unsuccessful special motion to strike of First National Bank, Dong was awarded attorneys' fees of $2,200 against First National Bank (“attorneys' fee award”). The separate action is pending. Present motion and summary of contentions On November 19, 2021, plaintiff filed the instant...

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 09 February 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motions of Defendants Ford Motor Company and Capitol Ford to Compel Arbitration and to Stay Action. I. Statement of Facts. Plaintiff filed this complaint on 29 June 2021.7 Plaintiff a...

Excerpt: ... aggrieved employees for all hours worked, missed meal periods and rest breaks. (Complaint, ¶ 21.) KNI had the authority to hire and terminate Morris and other aggrieved employees and KNI exercised sufficient authority over the terms and conditions of their employment. (Complaint, ¶ 22, 23.) Morris and other aggrieved employees worked over eight hours a day and/or forty hours per week during their employment with KNI. (Complaint, ¶ 26.) Morris...

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 untimely Opposition papers filed on 2/1/22 the motion is moot because complete, code compliant verified responses to all of th...

Excerpt: ... has long since expired. According to Plaintiff's Opposition do not dispute that Plaintiff failed to make a timely response to this discovery. Instead, Plaintiff suggests that the motion is moot because complete, code compliant verified responses and all documents have now been provided. Plaintiff's Opposition does not include a copy the verified responses, so the Court cannot determine if such responses have been provided. Defendant disputes tha...

Excerpt: ... 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 09 February 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Motion of Plaintiff to Enforce Settlement Agreement and Entered Judgment. I. Statement of Facts. Plaintiff filed this complaint on 8 February 2021.10 Plaintiff is the automobile insurance compan...

Excerpt: ...lement and the Plaintiff justifiably relied upon the statement [email] from Judge Overton that there is no settlement.” Plaintiff does not specify, but the Court presumes Plaintiff is seeking relief pursuant to Code of Civil Procedure §473(b) which provides that: “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her thr...

Excerpt: ...n for breach of promissory note, breach of contract and fraud. The action arises out of a loan from plaintiff to WRP for improvement of a real property in Mountain View, CA, a contract related to the project and representations of defendants made to plaintiffs related to the project and the experience and financial condition of WRP. Apparently, the project was not completed, the subject property went into foreclosure, and the loan was not repaid....

Excerpt: ...2, 2021, defendant filed the instant motion to vacate judgment. On February 3, 2022, plaintiff filed opposition. No reply is on file. Analysis The case involves entry of default of defendant and judgment on the default which is sought to be vacated by defendant. Under these circumstances, subdivision (b) of Code of Civil Procedure section 473 authorizes relief from default if the moving, defaulting party shows that the default was taken through t...

Excerpt: ...1 North 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 14 February 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ On Petition of McGrath Electric to Compel Contractual Arbitration. I. Statement of Facts. This matter is continued from 14 December 2021. On 31 January 2022, plaintiff d...

Excerpt: ...'s parent company. (FAC, ¶11.) She was elected a member of the Board of Directors (“Board”) and she remained on the Board until September 2020. (Ibid.) On May 14, 2015, CSC Group established CSC Group International Corp. (“CSC International”), which was Hone Capital's predecessor company. CSC International was to be used for investing venture capital in early‐state technology start‐ups in Silicon Valley. (FAC, ¶12.) Wu was appointed...

Excerpt: ...osing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 09 February 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Specially Appearing Defendant Lisa Cook's Motion to Quash Plaintiff Brigitte Barron's Service of Summons and Complaint. I. Statement of Facts. On 10 June 2019, plaintiff Brigitte Ann Barron (“Barron”) ...

Excerpt: ... parent company. (FAC, ¶11.) She was elected a member of the Board of Directors (“Board”) and remained on the Board until September 2020. (Ibid.) On May 14, 2015, CSC Group established CSC Group International Corp. (“CSC International”), which was Hone Capital's predecessor company. CSC International was to be used for investing venture capital in early‐state technology start‐ups in Silicon Valley. (FAC, ¶12.) Wu was appointed the P...