Excerpt: ...rder. 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 Action Generally, “questions whether a [class action] settlement was fair and reasonable, whether notice to the class was adequate, whether certification of the class was ...

Excerpt: ...f the 4AC, CalCoast purchased a workers compensation and employers liability insurance policy (the “Policy”) from Plaintiff, the surviving corporation from a merger of various insurance companies, including Tower Select Insurance Company (“Tower”), in October 2012. (4AC, ¶ 13, Exhibit A.) A subsequent audit performed by Plaintiff on the effective policy period for the Policy revealed that the premium basis estimate provided by Defendant ...

Excerpt: ... Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 1 December 2021. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON (1) DEMURRER TO PLAINTIFF'S COMPLAINT [BY DEFENDANTS SELECT PORTFOLIO SERVICING, INC. AND U.S. BANK TRUST NATIONAL ASSOCIATION, AS TRUSTEE FOR MEB LOAN TRUST II]; AND (2) DEFENDANT CENLAR F.S.B.'S DEMURRER TO PLAINTIFF'S COMPLAINT I. Statement of Facts. Plaintiff Kath...

Excerpt: ...Plaintiff Youlin Wang (“Wang”) owns 100% of Magnolia and resides in China. (Id. at ¶ 2.) Guohua “Greg” Xiong (“Xiong”), Wang's brother‐in‐law, is an authorized agent for Magnolia and Wang (collectively, “Plaintiffs”). (Id. at ¶¶ 13‐14.) Plaintiff Wang developed two new single family residences in Palo Alto, California, located at 3878 Magnolia Drive and 3880 Magnolia Drive. (FAC at ¶ 15.) Plaintiff Wang subsequently tran...

Excerpt: ...gs and actions subsequent to that. In 2009, Plaintiff's now exwife, Laura Beauchesne, initiated a marital dissolution action (the “Dissolution Action”) against him in Santa Clara County Superior Court, Case No 1‐09‐ FL‐ 151906. Plaintiff was initially represented in the proceeding by defendant Baugh until he took over his own representation as a pro se party. Plaintiff alleges, among other things, that Baugh was engaged in a conspiracy ...

Excerpt: ...65.08, AND TERMINATING SANCTIONS The above‐ entitled action comes on for hearing before the Honorable Patricia M. Lucas on December 1, 2021 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. FACTUAL BACKGROUND OF DISCOVERY DISPUTE On April 16, 2018, plaintiff Albert C. Alvarez (“Plaintiff”) commenced this action against Transitamerica Services, Inc. and Herzog Transit Services, Inc. (“Defendants”). De...

Excerpt: ...tative ruling as follows: I. INTRODUCTION This is a putative class and representative action arising out of various alleged wage and hour violations. The original complaint was filed on May 13, 2020, on behalf of Jordan Olson. The operative Third Amended Complaint, filed on October 26, 2020, on behalf of Beniyam Kebeda, Alain Tsai, and Monica I. Pazmino (collectively, “Plaintiffs”), sets forth the following causes of action: (1) Failure to Pa...

Excerpt: ... 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 sections. 2 ...

Excerpt: ...ceived a complaint of harassment and bullying from a Muslim Pakistani subordinate of his by a Sikh Indian supervisor of Micron. On April 18, 2018, plaintiff forwarded his subordinate's complaint to plaintiff's supervisor, Prakash Jayapal, a Sikh Indian, for investigation. On the next day, April 19, 2018, plaintiff's subordinate informed plaintiff that Micron had reprimanded the harassing and bullying employee, and that, in turn, the harassing and...

Excerpt: ...perative Second Amended Complaint (“SAC”), filed July 22, 2021, states claims for: (1) Motor Vehicle Negligence; (2) Negligence per se; (3) Dangerous Condition of Public Property; (4) Vicarious Governmental Liability— Employee; (5) Vicarious Governmental Liability—Contractor, and; (6) Breach of Mandatory Duty against several defendants. The SAC at ¶14 alleges that “Plaintiffs have timely complied with the applicable claims statutes.”...

Excerpt: ... poki bowl. (FAC, ¶ 21.) During their subsequent efforts towards starting a restaurant, Plaintiff and Nguyen were jointly represented by attorney Lloyd Schmidt (“Schmidt”), whose responsibilities included, but were not limited to, drafting documents relating to the business' creation. (Id, ¶¶ 22‐25.) Defendant Poki Bowl, Inc. (“Poki Bowl”) was incorporated on July 29, 2015, with Plaintiff as the incorporator. (Id., ¶ 26.) Prior to P...

Excerpt: ...7, Willie was charged in Santa Clara Superior Court with being an accessory to murder. (Id. at ¶ 6.) Plaintiff entered into three written fee agreements with Defendant for legal services. In Agreement 1, Plaintiff agreed to pay Defendant a flat fee of $20,000. (Id. at ¶ 9.) Plaintiff paid the $20,000 to Defendant in two installments, in July and September 2017. (Id. at ¶ 11.) The agreement stated that that fee covered representation necessary ...

Excerpt: ...must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 29 November 2021. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON (1) DEMURRER TO CROSS‐COMPLAINT OF DEFENDANT VLADIMIR WESTBROOK; AND (2) MOTION TO STRIKE CROSS‐COMPLAINT OF DEFENDANT VLADIMIR WESTBROOK I. Statement of Facts. Complaint On or about 6 February 2019, plaintiff 2350 Mission Building, LLC (“Plaintiff”)...

Excerpt: ...n‐line and as long as that user creates a user profile and assents to the Terms of Use Agreement. The Terms of Use Agreement is located in a hyperlink adjacent to where the Plaintiff checks that she assents to the Terms of Use. If the hyperlink is accessed, The Terms of Use Agreement includes many pages and has a binding arbitration agreement which, according to Defendants, is called out for the customer on the top of the first page: “THIS TE...

Excerpt: ...nd depositions of parties and witnesses, including experts. Trial was initially set on April 13, 2020, but was vacated due to COVID‐19 pandemic emergency orders. Trial was then set on November 1, 2021, but vacated by order of the court on September 24, 2021 pursuant to ex parte application for order shortening time to hear the instant motions of plaintiff. A further case management conference is set on February 8, 2022. Current motions On Augus...

Excerpt: ...n also seeks monetary sanctions for BPH's failure to comply with the Court's Order. According to the moving papers, the May 5th Order required BPH to (1) provide codecompliant responses indicating that all responsive documents have been produced where this was already the case; (2) provide all responsive documents where there is no claim of privilege; and (3) provide a privilege log for documents that were withheld on privilege grounds. Previte a...

Excerpt: ...allegations in the Plaintiffs' complaint, but also supports the allegations in the cross‐complaint filed by Previte. In her cross‐ complaint, Previte alleges that Guerra improperly seized power and influence over Lena Barbaccia after both Jack Previte and Cy Barbaccia passed away. She contends that Guerra manipulated his power to further his own interests and cut Previte out of the picture, divesting her of what she was entitled to under the ...

Excerpt: ...summons and complaint based on the ground that the complaint purportedly served on Defendants was the superseded initial complaint, which was of no legal effect as a pleading, and did not include a copy of the operative complaint, the First Amended Complaint (“FAC”). I. Background A. Factual According to the allegations of the Complaint, on September 12, 1996, New Cingular (then known as AT&T PCS Services Inc.) entered into a commercial lease...

Excerpt: ...Group, Inc. (“Sereno Group”). (Id. at ¶ 3.) Plaintiffs used French and Sereno Group in their search for a property to purchase. On March 5, 2020, French, on behalf of Plaintiffs, prepared and submitted an offer to purchase a property located at 26540 Conejo Court in Los Altos, California (“Property”). (Id. at ¶ 8.) On March 6, 2020, French told Plaintiffs that the seller had accepted their offer. At this point, Plaintiffs had grown conc...

Excerpt: ...ril 1, 2014, petitioner Molly Green (“Petitioner”) sought an elder abuse restraining order against respondent Holden Weatherfield Green (“Respondent”), her stepson. The first phase of the litigation involved service issues requiring multiple appearances, and then a trial in which Respondent was represented by counsel. After a one‐year restraining order was issued, the court on June 17, 2014, granted Petitioner's request pursuant to Welf...

Excerpt: ...m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative consumer class action brought pursuant to the California Rosenthal Fair Debt Collection Practices Act (“RFDCPA”). Decedent Frederick Michele Brady (“Decedent”) filed this action seeking statutory damages against defendant Patenaude & Felix (“Defendant”) arising from its routine practice of sending initial written communications...

Excerpt: ...ovember 24, 2021 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This putative class and representative action arises out of defendant Lucile Salter Packard Children's Hospital's (“Defendant”) alleged failure to reimburse its current and former employees for their work‐related home office expenses during the COVID‐19 pandemic. The operative First Amended Complaint, filed on November 4, 2...

Excerpt: ...sentative action pursuant to the Private Attorneys General Act of 2004 (“PAGA”). In the Complaint, filed on August 21, 2014, plaintiff Dolores Zamora (“Plaintiff”) alleges that she worked for defendant Walgreen Co. (“Defendant”) as a beauty advisor and her duties included processing sales at a cash register. (Complaint, ¶ 4.) Although Plaintiff could have reasonably performed her cash register duties while sitting in a seat, Defendan...

Excerpt: ...se. 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 22 November 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Defendants HOA's and Moritz's Motions to Strike Punitive Damage Allegations. I. Statement of Facts. Plaintiffs Doug Ridley and Sherry Shen (collectively, “Plaintiffs”) are owners of 20...

Excerpt: ...t, 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 22 November 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order Motion of Defendant Avalera, Inc. to Compel Plaintiff to Provide Further Responses to Form Interrogatories, Special Interrogatories, Production of Documents, and for Monetary Sanctio...