Excerpt: ...r, around 8:00 pm, Plaintiff's family decided to go to a pastry shop for dessert. (Ibid.) Plaintiff wanted ice cream and walked up the street to defendant Gelato Classico Italian Ice Cream, LLC (“Gelato”). (Ibid.) Plaintiff arrived and stood in a line at defendant Gelato. (Complaint at ¶ 6.) The line was long and moving slowly so Plaintiff stepped out of line to look at the menu behind the counter. (Ibid.) Plaintiff looked through an open sl...

Excerpt: ...��Park Capital”), Lapsley Farms, LLC, McAfee Farms, Lutz Farms, Aaron McAfee, Adam McAfee, Eric McAfee, Mark McAfee and Joshua Lutz. The FAC asserts causes of action for breach of contract, breach of fiduciary duty, aiding and abetting breach of fiduciary duty, securities law violation, and fraud. Plaintiff is a limited partnership with one general partner. The designation and identity of the current general partner is in dispute. Plaintiff ass...

Excerpt: ...ose. 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 08 November 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on General Motors LLC's Demurrer to Plaintiff's Complaint and General Motors LLC's Motion to Strike Punitive Damages from Plaintiff's Complaint. I. Statement of Facts. On or about 18 January...

Excerpt: ...de, in exchange for payment, materials testing and inspection services to support BWI's construction of levees for the Lower Berryessa Creek Flood Protection Project (“Project”) for the Santa Clara Valley District (“District”). (Complaint at ¶ 4, Ex. A.) Under the Agreement, Twining provided materials testing and inspection services. (Complaint at ¶ 6.) Among other things, Twining performed laboratory tests to determine whether soil mat...

Excerpt: ...ntiffs in federal court, both alleging that stadium failed to fully comply with provisions of the California Building Code and the federal Americans with Disabilities Act (“ADA”). (See First Amended Complaint [“FAC”] at ¶4)1 The original complaint in this action was filed on August 23, 2019. The operative FAC was filed on January 9, 2020 and originally stated claims for: 1) Express Contractual Indemnity (HNTB‐49ers Design Architect Agr...

Excerpt: ...thod was wrong. Before his surgery, Plaintiff was able to read the newspaper and write normally. Now he cannot do those things which has made him unable to live and work as he did before. B. Procedural Based on the foregoing allegations, Plaintiff initiated this action on April 29, 2021 with the filing of the Complaint which asserted negligence and medical malpractice. On June 4, 2021, Defendants filed this instant demurrer. Plaintiff did not fil...

Excerpt: ...and Elaine Gallun, individually and as trustee of the Gallun 2002 Revocable Trust (collectively, “Defendants”), to drive across the corner of the property to be purchased at 19605 Redberry Drive in Los Gatos (“Oswalt property”), in exchange for the owners of the Oswalt property were allowed to trim trees on the Gallun property so that no trees blocked the city view from the first story of the existing ranchstyle home on the Oswalt propert...

Excerpt: ...ctured and/or distributed by defendant GM. (Complaint at ¶ 8.) In connection with the purchase, Plaintiffs received various warranties including, but not limited to, a 3‐year/36,000‐mile express bumper to bumper warranty, a 5‐year/100,000 mile express powertrain warranty which covers the engine and transmission. (Complaint at ¶ 9.) The warranty provided, in relevant part, that in the event a defect developed with the subject Vehicle durin...

Excerpt: ...int, Plaintiffs Domingo Tejeda Vindel and Tomassa Beatriz Ponce Jimenez (“Plaintiffs”) allege two causes of action against Defendants Nicole Roybal (“Roybal”) and Sonic – Stevens Creek B, Inc. DBA Stevens Creek BMW (“Dealership”):1 (1) motor vehicle negligence; and (2) general negligence. The complaint states that on April 26, 2019, Vindel was driving his vehicle on Interstate 280 in San Jose when the rear of his vehicle was struck ...

Excerpt: ... preliminary approval, subject to a few modifications to the class notices. I. BACKGROUND As alleged in the operative First Amended Complaint (FAC), Defendants routinely acquire consumer reports to conduct background checks on prospective, current, and former employees. (FAC, ¶ 2.) When Plaintiff applied for employment with Defendants, she was required to fill out a disclosure and authorization form to perform a background investigation, but the...

Excerpt: ... issues of fact concerning whether Google was her joint employer. As discussed below, the Court GRANTS summary judgment. I. BACKGROUND As alleged in the operative complaint, Plaintiff Olga Ortmann was hired by Defendants as an hourly, non‐exempt employee who worked in California during July 2018. (FAC, ¶ 9.) She was not provided with 30‐minute meal periods for each five hour work period due to Defendants' policy of not scheduling meal period...

Excerpt: ...ubpoena for business records. The subpoena seeks production of cell phone records for a phone used by plaintiff over a period of hours on the day of the incident which is the subject of the lawsuit. Sprint has refused to produce the records, unless it receives customer authorization or is ordered by the court pursuant to provisions of the Public Utilities Code. The customer of Sprint for the cell phone number is a non‐party, and the papers in s...

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 03 November 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Specially Appearing Defendant Konstantinos Anenouglou's Motion to Quash Service of Summons and First Amended Complaint and Dismiss Action on Ground of Lack of Personal Jurisdiction. I. S...

Excerpt: ...mpel arbitration in each case, which are based on the same arbitration agreement. Plaintiff opposes both petitions. As explained below, the Court DENIES Defendants' petitions WITHOUT PREJUDICE, pending an evidentiary hearing. I. BACKGROUND Plaintiff alleges that CPC is a Minnesota corporation engaged in collecting defaulted and time‐barred consumer debts in California. (Complaint, Case No. 21CV375435, ¶ 10.) It is a “debt collector” as def...

Excerpt: ...Lucas on November 3, 2021 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION According to the allegations of the operative Fourth Amended Complaint (“4AC”), filed on October 19, 2020, plaintiff Vinh Q. Huang (“Plaintiff”) brings this action against defendants Trung Nhat Tran, Thoa Thi Kim Nguyen, Nam Tran (“Tran”), Katelyn Phan, Tam Nguyen, PHP Group, Inc., Evergreen Equity Partners, LL...

Excerpt: ...ordination Proceeding No. 5172 TENTATIVE RULING RE: MOTION TO COMPEL ARBITRATION AND DISMISS OR [SIC], ALTERNATIVELY, STAY PROCEEDINGS The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on November 3, 2021 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This coordinated action includes three wage and hour cases. The operative Second Amended Complaint in Victo...

Excerpt: ...I. INTRODUCTION Plaintiffs Michael Oliver (“Oliver”) and Norris Cagonot (collectively, “Plaintiffs”) bring this class action on behalf of themselves and all other service technicians who worked for defendant Konica Minolta Business Solutions USA (“Defendant”) in California for the four years preceding the filing of the original Complaint on April 2, 2014. (First Amended Complaint, ¶ 7.) According to the operative First Amended Compla...

Excerpt: ...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 original complaint was filed on April 8, 2020. The operative First Amended Complaint, filed on August 13, 2020, sets forth the following causes of action: (1) Failure to Pay Overtime Wages (Labor Code § 510; Wage Order 5‐2001); (2) Failure to Provide Adequate Wage ...

Excerpt: ...above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on November 3, 2021 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: 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 28 I. INTRODUCTION According to the allegations of the Complaint, filed on September 20, 2016, plaintiff and cross‐ defendant Velocity Investments, LLC (“Velocity”) is the owner of d...

Excerpt: ...e. 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 01 November 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Defendant Quanergy Systems, Incorporated's Motion for Summary Judgment or, in the Alternative, Summary Adjudication. I. Statement of Facts. Defendant Quanergy Systems, Inc. (“Quanergy”)...

Excerpt: ...ly against plaintiff Frederick Hart and his attorney, Paymon Hifai, under section 128.5. The basis for the motion is plaintiff's counsel having submitted to the clerk a request to enter defendants' defaults after a stipulated extension to answer or otherwise plead had expired on June 14, 2021, but two days after defense counsel had filed a declaration under section 430.41, subdivision (a). This subdivision requires a meet and confer effort before...

Excerpt: ..., 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 01 November 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order Denying Motion of Plaintiffs for Leave to File a First Amended Complaint. I. Statement of Facts. Plaintiffs Amir Mehdi Zand, Rachel Lerwill and Wounyoung Bang filed this complaint Ant...

Excerpt: ...us Management Group, LLC; Tim Stannard; Mark Sullivan; Andrew Green; and Brannin Beal (“Defendants”). The original and still‐operative Complaint, filed March 5, 2021, alleges generally that Plaintiff worked as the general manager for Pizza Antica in Santana Row. (Complaint at ¶ 29.) When COVID‐19 restrictions were put into place in March 2020, Defendants terminated all the restaurant employees and closed the restaurants. (Id. at ¶ 32.) ...

Excerpt: ... The operative First Amended Complaint (“FAC”) as filed on January 8, 2016 and states claims for: (1) Negligence (against several defendants), and; (2) Medicare Fraud (against Defendant Kenneth Miller, M.D. only). Currently before the Court is the demurrer to the FAC by Defendant Kenneth Miller, M.D., (“Defendant”) in both his individual capacity and as “Kenneth Miller P.C.,” filed on July 28, 2021. Plaintiff opposes the demurrer in p...

Excerpt: ...de, in exchange for payment, materials testing and inspection services to support BWI's construction of levees for the Lower Berryessa Creek Flood Protection Project (“Project”) for the Santa Clara Valley District (“District”). (Complaint at ¶ 4, Ex. A.) Under the Agreement, Twining provided materials testing and inspection services. (Complaint at ¶ 6.) Among other things, Twining performed laboratory tests to determine whether soil mat...