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: ...poration; (2) Enterprise Investors (“Enterprise”), a Polish corporation; and (3) Ludovic Gaude (“Gaude”), a resident of Germany. The FAC contains four additional counts: breach of a written options contract against Defendants Intive S.A. and Enterprise (counts 3 and 4); and interference with economic advantage and fraud against Gaude (counts 5 and 6). Currently before the Court is (specially appearing) Defendant Enterprise's motion to qua...

Excerpt: ...e and (2) violation of Labor Code section 3706. On March 15, 2021, the Complaint was amended to add additional defendants. On July 27, 2021, Defendants filed the instant motion to dismiss. Plaintiff opposed the motion and Defendants filed a reply. X. Discussion A. Defendants' Request for Judicial Notice Defendants request judicial notice of (1) the docket, (2) Plaintiff's application for worker's compensation relief, and (3) Defendant Tung Tai's ...

Excerpt: ...ng DHIM in a timely PAGA notice (and otherwise complying with PAGA's exhaustion requirements), and (2) his claims against DHIM are accordingly barred by the statute of limitations. Plaintiff opposes DHIM's motion. As discussed below, the Court GRANTS summary judgment. I. FACTUAL BACKGROUND4 As alleged in the operative complaint, Plaintiff was hired by Defendants in July of 2015 as an hourly, non‐ exempt California employee. (Class Action Compla...

Excerpt: ... Timothy Manderson (“Timothy”), driving a vehicle owned by his parents, defendants Michelle and Barry Manderson, crashed into Dickson and O'Neill, while driving under the influence. (See UMFs 4, 7‐8.) Both Dickson and O'Neill (collectively, “Plaintiffs”) suffered extensive injuries requiring multiple surgeries, weeks of hospitalization and therapy and months of confinement to a wheelchair. (See Pl.'s separate statement of additional mat...

Excerpt: ...preliminary approval. I. BACKGROUND Defendant is in the business of providing railway services. (First Amended Complaint (FAC), ¶ 2.) Plaintiff worked for Defendant in California as a non‐exempt employee during the time period at issue. (Id., ¶¶ 10, 27.) He alleges that he and other employees were not paid all wages (including minimum and overtime wages) due to Defendant's rounding of time punches in its own favor and failing to include ince...

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 27 October 2021. Please specify the issue to be contested when calling the Court and Counsel. Order on Defendant's Motion for Judgment on the Pleadings I. Statement of Facts. On or about 9 July 2018, defendant BABB Ltd. (“BABB”) and plaintiff Intellectsoft, LLC (“Intellectsoft”) entered into a Statement of Work and Maste...

Excerpt: ...cussed below, the Court GRANTS Plaintiff's motion.1 I. BACKGROUND According to the operative complaint, Defendant is a California corporation that produces and manufactures solar cell panels and related cell manufacturing equipment, employing over 300 people. (First Amended Complaint (FAC), ¶ 11.) Plaintiff began working for Defendant as an hourly, non‐exempt employee in January 2013. (Id., ¶ 8.) He worked as an electrical mechanical technici...

Excerpt: ... or about May 2016, Plaintiff entered into a contract with AVSC, a non‐profit organization, to provide soccer training for Plaintiff's two children. Brough is the owner of AVSC. Brough and AVSC hired Daniel Neal (“Neal”) as a soccer coach. Neal engaged in a sexual relationship with Plaintiff's now ex‐wife. On information and belief, Plaintiff alleges that Neal engaged in sexual acts with Plaintiff's exwife at various AVSC events. Plaintif...

Excerpt: ...nes (or both) apply to save her claims against the second employer. The second employer, Defendant SJMEC, Inc., filed a demurrer to the First Amended Complaint (FAC) based on the untimely PAGA notice. The Court sustained the demurrer with leave to amend. Plaintiff filed a Second Amended Complaint (SAC), to which SJMEC again demurred, and then a Third Amended Complaint (TAC), which mooted the demurrer to the SAC. Now before the Court is SJMEC and ...

Excerpt: ...ntiff”) brings this action for breach of contract and fraud against defendant Fortinet, Inc. (“Defendant”). Plaintiff alleges that, following extensive negotiations and discussions, it purchased thousands of products from Defendant in an amount exceeding $10,000,000 between September 2017 and September 2018. (First Amended Complaint (“FAC”), ¶¶ 4‐15.) The products included the Fortinet FortiGate models FG‐201E, FG‐S00E, FG‐600...

Excerpt: ...2021 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a representative action under the Private Attorneys General Act (“PAGA”) arising out various alleged wage and hour violations. Plaintiff Deangelo Daniels (“Plaintiff”) alleges that defendant Garuda Labs, Inc. dba Instawork (“Defendant”) hired him and other putative class members and misclassified them as independent contrac...

Excerpt: ...021 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 various alleged wage and hour violations. Plaintiff Deangelo Daniels (“Plaintiff”) alleges that defendant Garuda Labs, Inc. dba Instawork (“Defendant”) hired him and other putative class members and misclassified them as independent contractors in violation of California law; failed to compens...

Excerpt: ...posing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 25 October 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion of Plaintiff to Seal Complaint and Transfer Token Agreement. I. Statement of Facts. Plaintiff filed this complaint on 28 June 2021.2 On December 18, 2017, Defendant Dominic transferred cryptocurrenc...

Excerpt: ... alleges nine causes of action arising from plaintiff's membership interest in Rosemead, limited partner interest in Monument 3, Realty 7, Monument 3, Realty 8, Willowbend Apartments and Willowbend Hwang, and alleged breach of fiduciary and statutory duties owed to plaintiff, and violations of the Corporations Code. The complaint seeks compensatory damages, punitive damages, accounting, declaratory relief and attorney fees. Motion to quash subpoe...

Excerpt: ... alleges nine causes of action arising from plaintiff's membership interest in Rosemead, limited partner interest in Monument 3, Realty 7, Monument 3, Realty 8, Willowbend Apartments and Willowbend Hwang, and alleged breach of fiduciary and statutory duties owed to plaintiff, and violations of the Corporations Code. The complaint seeks compensatory damages, punitive damages, accounting, declaratory relief and attorney fees. On August 13, 2021 pla...

Excerpt: ...cle was purchased on May 31, 2018, and the purchase was governed by written “RETAIL INSTALLMENT SALE CONTRACT – SIMPLE FINANCE CHARGE” (with arbitration provision) (“RISC”). Plaintiff sued All Star and FMC alleging breach of warranty and other claims concerning the purchase and condition of the vehicle. The RISC contains an explicit arbitration provision. In signing the RISC, Plaintiff acknowledged that she read the contract, including ...

Excerpt: ... complaint (“FAC”) to add three causes of action. The three causes of action arise from two incidents, each separate from the subject incident that occurred at San Jose International Airport, and separate from each other, one that occurred on December 8, 2019 d at an airport in Miami, Florida and the other that occurred on January 29, 2020 at an airport in Washington D.C. In all events, it is alleged that Signature damaged aircraft owned by i...

Excerpt: ... as Los Gatos Drug and Alcohol Recovery Center (“Recovery Center”). Plaintiff suffered from alcoholism and Dr. Tabrizi encouraged her to seek treatment at the Recovery Center. Berhane was the director of the Recovery Center. Plaintiff alleges that Dr. Tabrizi provided Berhane with information about Plaintiff and allowed Berhane to enter the examination room where Plaintiff awaited the results of a medical test. Berhane also encouraged Plainti...

Excerpt: ...ding to the allegations of the FAC, Defendants contracted with Integrity Waste, Inc. (“Integrity”) to receive janitorial services at seven properties: (1) Briarwood Apartments ‐ 180 Pasito Terrace, Sunnyvale, CA 94086, (2) Arbor Terrace ‐ 55 El Camino Real, Sunnyvale, CA 94087, (3) The Arches – 1235 Wildwood Ave, Sunnyvale, CA 94089, (4) Woodleaf – 325 Union Ave, Campbell, CA 95008, (5) Potrero 1010 Apartments – 1010 16th St., San F...

Excerpt: ...uals residing in Santa Clara County. (Id. at ¶¶ 2‐3.) Plaintiffs Neil, Anne, and Addison are collectively identified as “Plaintiffs.” Defendant WRP Properties, LLC (“WRP”) is a California limited liability company doing business in Santa Clara County. (Complaint at ¶ 4.) Defendant Stead Financial, Inc. (“Stead Financial”) is a California limited liability company doing business in Santa Clara County and the managing member of WRP...

Excerpt: ...atton, KSST, KSBT and TSGT reached an agreement wherein KSST, KSBT and TSGT agreed to transfer all their respective membership interest in Samos—75% in total—to Stratton in exchange for $3,000,000. (See complaint, ¶ 10.) The parties to this transaction approached Daniel J. Mash (“Mash”) of plaintiff McPharlin Sprinkes and Thomas LLP (“Plaintiff”) to prepare an agreement to facilitate the transaction. (See complaint, ¶ 11.) Mash prep...

Excerpt: ...sustain a deviated septum, and suffer a traumatic brain injury. The injuries and resulting trauma and symptoms alleged in the complaint are summarized in the minute order of April 15, 2021, and will not be restated here. Plaintiff and defendant each have a motion to compel discovery set for hearing. Plaintiff's motion to compel On April 12, 2021, plaintiff filed the instant motion to compel defendant to provide further response to request for adm...

Excerpt: ...e (“Opa Verde”). On November 18, 2014, Kaddu filed first amended complaint adding Arlette Gauze and Remy Sanouillet as cross defendants (“Sanouillets”) On August 4, 2015, Kaddu filed a third amended cross complaint (“TAXC”). The TAXC alleged that Cornet and Opa Verde breached a written contract entered into with Kaddu, that Sanouillets were liable for the breach of contract on theories of alter ego of Opa Verde, and that Kaddu was ent...

Excerpt: ... contractor “in charge of safety and conditions of the real property.” (Id. at ¶¶ 9 & 74.) Plaintiff Jose Antonio Arcega Lopez (“Lopez”) was “employed by Cold Storage Design & Build, LLC [(Cold Storage Manufacturing (‘CSM')], a subcontractor on the … site.” (Id. at ¶ 76.) Highridge, H‐P, and SBCC allegedly “owned, controlled, leased, operated, maintained, surveyed, engineered, planned, designed, manufactured, assembled, dis...