Excerpt: ...otice of entry of the Court's order to amend their complaint. I. Background A. Factual Background As alleged in the Complaint, on March 6, 1958, Plaintiffs' predecessors in interest, Louis A. Filice and Lee Nora Filice (the “Filices”), grantors, and the State of California (the “State”), as grantee, executed a Grant Deed (recorded April 29, 1958) (the “Grant Deed”), which effectuated three transfers of various interests in real proper...

Excerpt: ...ndants the Cities of Milpitas, Santa Clara, and/or the State of California (collectively, the “Government Defendants”) hired Defendant Desilva Gates Construction L.P. (“Desilva”) to perform street surfacing that included the roadway at N. McCarthy Boulevard in Milpitas, California.2 (Complaint, ¶ 17.) The Government Defendants and Desilva allegedly caused or otherwise controlled the construction and design of N. McCarthy Boulevard so tha...

Excerpt: ...On March 14, 2018, defendant Russell Stone (“Stone”), owner of Simply Green Plumbing, seriously injured Plaintiff when he violently attacked him, punching him and head‐butting him in the face multiple times. (Id. at ¶ 7.) At the time of the incident, defendant Stone was acting in the course and scope of his employment as owner of Simply Green Plumbing. (Id. at ¶ 8.) On the same day, defendant Stone fired Plaintiff from his employment with...

Excerpt: ... to secure a loan from the Prudential Home Mortgage Company; the deed of trust was recorded on November 17, 1993. (See SAC, ¶ 24, exh. 1 (deed of trust); see also Defs.' request for judicial notice, exh. 1.) An assignment of the deed of trust (“ADOT1”) was recorded on September 24, 1997 in which the interest of the deed of trust was transferred to First National Trust. (See SAC, ¶ 25; see also Defs.' request for judicial notice, exh. 2.) On...

Excerpt: ...ht”) (collectively, “Plaintiffs”). Hearing on this matter was originally set for November 2, 2021, and continued to November 23, 2021. I. Background A. Factual Background This action arises out of the foreclosure of real property located in Milpitas (the “Property”) that was used to secure a loan to build a condominium complex on the Property. Plaintiffs maintain that the Defendants devised a predatory lending scheme to defraud them. Ac...

Excerpt: ...aint in this action was filed on December 28, 2017 and stated claims for breach of contract (of the 2014 settlement agreement in case no. 113CV251320), rescission (of the same settlement agreement) and unfair debt collection practices against three defendants: Defendant Ditech Financial LLC (“Ditech”), Defendant Countrywide Home Loans, Inc. (“Countrywide”) and Bank of America, NA (“BANA”). A First Amended Complaint (“FAC”) was fil...

Excerpt: ...ed to grant preliminary approval, subject to the parties' agreement to amend the release and a few modifications to the class notices. I. BACKGROUND A. Factual Veeco designs and manufactures equipment used to make electronic devices, including light emitting diodes (“LEDs”), micro‐ electromechanical systems (“MEMS”), wireless devices, power electronics, hard disk drives, and semiconductor devices. (Consolidated Complaint, ¶ 7.) Its pro...

Excerpt: ...Raymond Handley 1992 Trust (the “Trust”). (Complaint at ¶ 1.) The Trust held a 43.12325% interest in the limited partnership known as the Renault & Handley Oakmead Solar Joint Venture Limited Partnership (the “Partnership”). (Ibid.) The Partnership has its principal place of business in Palo Alto, California. (Id. at ¶ 3.) The Handley Management Corporation (“HMC” or the “General Partner”) is the general partner of the Partnersh...

Excerpt: ...hings, arising out of a landlordtenant relationship. According to the allegations of the FAC, Lakha is the owner of Mercado Shopping Center (the “Premises”), a commercial shopping center located in Santa Clara. Lakha and defendant Mexicali Restaurant Group, Inc. (“Mexicali”), the alleged alter ego of defendant Kapoor, are successors in interest as landlord and tenant, respectively, to a Shopping Center Lease dated August 1, 1997, and its ...

Excerpt: ...May 31, 2019, plaintiff filed complaint against defendant alleging a single cause of action for negligence. On October 15, 2019, plaintiff served defendant with form interrogatories, set one; special interrogatories, set one; and request for production of documents, sets one. On December 4, 2019, defendant served responses to the discovery requests. On September 11, 2020, defendant served an amended response to the request for production of docum...

Excerpt: ...ct; (4) Breach of Fiduciary Duty; and (5) Conversion. According to the allegations of the complaint, in 2016, plaintiff Calisi retained defendant Dunham Associates CPAs, Inc. (“Dunham CPA”) to perform bookkeeping and tax services for both plaintiff individually, and Odeum. Defendants Dunham CPA and Rick D. Dunham (“Dunham”) (collectively, “Defendants”) agreed to perform bookkeeping and accounting services for the fiscal years 2016, 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 17 November 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion of Defendant Next Level Home Health LLC for Leave to File an Amended Answer. I. Statement of Facts. This is an action for breach of contract. Defendant Next Level agreed to...

Excerpt: ...sented when the Complaint was filed, meaning they are solely responsible for its contents. Plaintiff Saldinger is no longer a party as he dismissed his claims on Oct. 22, 2019. Plaintiff Barbara Zylbert (hereafter “Plaintiff”) is now selfrepresented, which is sometimes referred to as proceeding in propria persona. “[W]hen a litigant is appearing in propria persona, he is entitled to the same, but no greater, consideration than other litigan...

Excerpt: ...r Code section 201.3,5 subdivision (b)(6). Plaintiff opposes Defendant's motion. As discussed below, the Court GRANTS Inter‐ Con's motion. I. BACKGROUND A. Factual According to the operative complaint, Plaintiff was hired by Defendant to work as a security guard/officer in October 2018. (Complaint, ¶ 6.) He alleges that Defendant is a licensed private patrol operator and that he and other aggrieved employees are licensed security guards requir...

Excerpt: ...ve Second Amended Complaint. The Order followed the Court's sua sponte notice that it would reconsider a prior order overruling Regional's demurrer to the First Amended Complaint and directing the parties to provide supplemental briefing on certain issues.1 Plaintiff now moves for reconsideration of the Order, urging that Nede Mgmt. Inc. v. Aspen American Ins. Co. (2021) 68 Cal.App.5th 1121 (Nede) constitutes new law showing that her claim for de...

Excerpt: ... misappropriation, among other things, by an employer against a former employee. According to the allegations of the complaint (“Complaint”), Black Sails is a virtual reality (“VR”) startup which possesses a variety of cutting‐edge VR technology, most of which was created by Wang and Zhao, as coinventor. (Complaint, ¶ 11.) Zhao began her employment with Black Sails in November 9, 2016 and ceased working there in June 2018, when all of ...

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 15 November 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Orders on Motions of: Defendants for Summary Judgment/Summary Adjudication; Plaintiffs for Summary Judgment/Summary Adjudication; Trial Setting Conference. I. Statement of Facts. Plaintiff Gregory ...

Excerpt: ...ts on the hallway floor. As a result, plaintiff sustained injuries to his back, knees, and shoulder. On June 18, 2018 defendant Milpitas Mills Limited Partnership served plaintiff with form interrogatories, special interrogatories and request for production of documents. Plaintiff failed to serve timely responses to the discovery requests. On October 17, 2018, defendant Milpitas Mills Limited Partnership filed motion to compel further responses f...

Excerpt: ...opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 17 November 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order On Motion of Tesla to Seal Records. The attention of the dramatis personae is directed to the order of this Court filed on 14 October 2021 pertaining to the motion of the defendants to compel plaintiff to ...

Excerpt: ... order. Before the Court are Plaintiff Eileen Staats's motions for final approval of the settlement and for approval of her attorney fees, costs, and service award. Plaintiff's motions are unopposed. As discussed below, the Court GRANTS both motions, but with a significant reduction in attorney fees. I. LEGAL STANDARD FOR SETTLEMENT APPROVAL Generally, “questions whether a [class action] settlement was fair and reasonable, whether notice to the...

Excerpt: ... Cher Yong aka Cy Ng, and Mui Liang Tjoa aka ML Tjoa (collectively, “Defendants”) oppose SinCo's motion. As discussed below, the Court GRANTS SinCo's motion. The Court also addresses several motions to seal as detailed below. I. MOTION FOR LEAVE TO FILE 5AC The operative Fourth Amended Complaint (“4AC”) was filed on May 18, 2020. On April 30, 2021, Defendants moved for summary adjudication of most of the claims in the 4AC. On August 2, th...

Excerpt: ...mes on for hearing before the Honorable Patricia M. Lucas on November 17, 2021 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action arising out of various alleged Labor Code violations. The Third Amended Complaint (“TAC”), filed on March 25, 2021, sets forth the following causes of action: (1) Failure to Provide Required Meal Periods; (2) Failure to Provide Require...

Excerpt: ...court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action alleging violations of the federal Fair Credit Reporting Act (“FCRA”), title 15 United States Code section 1681b(b)(2)(A). According to the allegations of the Complaint, filed January 17, 2020, plaintiff Lakeysha Kaufman (“Plaintiff”) applied for employment with defendants Marsh and McLennan Companies, Inc. and Marsh USA, Inc. (collectively, ...

Excerpt: ...M. Lucas on November 17, 2021 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class and representative action arising out various alleged wage and hour violations. The First Amended Complaint, filed on July 2, 2020, sets forth the following causes of action: (1) Failure to Pay Wages Owed; (2) Failure to Provide Meal Periods or Pay Meal Period Premiums; (3) Failure to Authorize...

Excerpt: .... INTRODUCTION This is a putative class action. According to the allegations of the Complaint, filed on October 19, 2017, defendant Wells Fargo Bank, N.A. (“Defendant”) promises its customers who do not opt into its Overdraft Service that it will not authorize or charge overdraft fees on nonrecurring debit card transactions. (Complaint, ¶ 1.) However, Defendant authorizes and charges overdraft fees on Uber and Lyft and other one‐time trans...