Excerpt: ... 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 20 September 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Orders on Motions of SLC Cold Storage, LLC to Compel Harvest King Trading USA LLC To Provide Responses To Request for Discovery. I. Statement of Facts. Plaintiff filed this complain...

Excerpt: ...According to the allegations in the Complaint, UVRC is a regional center designated by the U.S. Citizenship and Immigration Services under the EB‐5 Immigrant Investor Pilot Program. This program allows non‐citizens to secure U.S. green cards through the EB‐5 visa program. One of UVRC's projects is the Sunrise Inn Food Plaza, which is a project to remodel a building and open a food plaza in Turlock, California (“the Project”). Sunrise In...

Excerpt: ... 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 20 September 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion of Plaintiff for Attorneys Fees and Costs. I. Statement of Facts. Plaintiff filed this complaint on 3 March 2020.6 Plaintiff claimed that defendant filed a cross‐c...

Excerpt: ...title to the property as: “Robert J. Stevens, an Unmarried Man and Michelle Kalish, an Unmarried Woman as Joint Tenants.” (Id. at ¶ 13.) They later transferred their respective interests to their respective revocable trusts so that title of the real property was held as: “Michelle M. Kalish Trustee of the Michelle M. Kalish Trust dated 5/30/2013, and Robert J. Stevens Trustee of the Robert J Stevens Trust dated May 30, 2013.” (Ibid.) Sin...

Excerpt: ... and Battery, against Defendant Swanson only, alleging that he physically attacked Plaintiff “at or near the premises” of a TKE fraternity house in Santa Clara in either the late evening of January 25, 2020 or the early morning of January 26, 2020, and; (2) Negligence, against Defendant TKE only, alleging that it is in some fashion responsible for Swanson's attack on Plaintiff. Currently before the Court is: (1) Defendant TKE's demurrer to th...

Excerpt: ...laint, the Property consists of 40 acres of agricultural land and contains numerous decommissioned or dilapidated agricultural buildings dating to its past use as a chicken farm. (Complaint, ¶ 1.) Defendant Parvaneh Pourakber (“Pourakber”) purchased the Property in 2003 and since that time she and her family have created or allowed others to create serious public nuisances including, but not limited to: unpermitted construction and/or conver...

Excerpt: ...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 20 September 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Demurrer of Defendant Elena Khaziri To Plaintiff's Complaint For Unlawful Detainer. I. Statement of Facts. Plaintiff U.S. Bank National Association, as Trustee for Leh...

Excerpt: ...at the conduct of defendant is in violation of the Song‐Beverly Consumer Warranty Act. On June 2, 2021, plaintiff filed three motions to compel further responses from defendant: (1) to special interrogatories, set one (calendar line 4); (2) to form interrogatories, set one (calendar line 5); and (3) to request for production of documents, set one (calendar line 6). On September 8, 2021, defendant filed opposition to the motion to compel further...

Excerpt: ...ty opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 15 September 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion of Plaintiff Rosemary Yadegar for Relief from Inadvertent Dismissal. I. Statement of Facts. This complaint for malicious prosecution was filed on 4 October 2018. A review of the record shows ...

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 15 September 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Defendant's Demurrer to First Amended Complaint. I. Statement of Facts. Plaintiffs Weichiao Ku and Pi Lien Kuo (collectively, “Plaintiffs”) are the surviving parents of decedent Alice Ku...

Excerpt: ...is entitled to the same, but no greater, consideration than other litigants and attorneys. Further, the in propria persona litigant is held to the same restrictive rules of procedure as an attorney.” (Burnete v. La Casa Dana Apartments (2007) 148 Cal.App.4th 1262, 1267, internal citations omitted); see also Rappleyea v. Campbell (1994) 8 Cal.4th 975, 985 [“A doctrine generally requiring or permitting exceptional treatment of parties who repre...

Excerpt: ... and the Court's analysis of the settlement and settlement class are set forth in that order. Before the Court is the parties' joint motion for final approval of the settlement and for approval of Plaintiff's 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...

Excerpt: ...complaint, Defendant is in the calibration lab and software services industry, performing laboratory calibration and industry repair services. (Complaint, ¶ 6.) From November 2017 to December 2018, Ms. Kelly was employed by SIMCO in Santa Clara as a Calibration Technician, B. (Id., ¶ 5.) Plaintiff's duties included performing calculations, calibrations, and quality control checks for tools and other testing equipment, which at times required he...

Excerpt: ...dmission and Demand for Inspection, Sets One. The Coyote Motions were scheduled to be heard on 7/20/21 and the Yohanan motions were scheduled to be heard on 8/12/21. Both sets of motions were sent to an Informal Discovery Conference. It appears little, if anything was resolved at those conferences other than obtaining verifications for the disputed discovery. DISCUSSION The parties having been unable to reach an agreement on the pending motions, ...

Excerpt: ...n 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 15 September 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion of Defendants Rahat Fateh Ali Khan, Surinder Kalra, Salman Ahmad, Jeevan Sathi, LLC for Summary Judgment. I. Statement of Facts. In or around April 2019, plaintiff Bollywood Ev...

Excerpt: ... a separate box which both Plaintiffs signed, it states: Agreement to Arbitrate. By signing below, you agree that, pursuant to the Arbitration Provision on the reverse side of this contract, you or we may elect to resolve any dispute by neutral, binding arbitration and not by a court action. See the Arbitration Provision for additional information concerning the Agreement to arbitrate.” (RISC, page 2) The RISC also provides in bold, capitalized...

Excerpt: ...r telephone containing seven categories and requesting the following information: Any and all wireless phone activity data records, documents, writings, recordings, electronically or otherwise stored...that include but are not limited: (1) records, time and duration of incoming and outgoing calls placed or received by the telephone number..., owned or associated with Sarah Vaughn...for dates from May 3, 2019 t June 13, 2019; (2) call logs contain...

Excerpt: ... test, and manufacture circuit chips and electronic systems for a Wide range of products. TeamBlind provides a free anonymous online community through the website, Blind. Blind is an online service created, according to TeamBlind, “to foster transparent and free communication for professionals worldwide.” Blind was built on the belief that extending freedom of speech to workplace conversations via anonymity would empower corporate employees t...

Excerpt: ...e loan agreement), based on Defendant's alleged failure to repay the loan as agreed after having made false representations about his intent and ability to repay; (2) Fraud (based on Defendant's allegedly intentional misrepresentation of his willingness and ability to repay the loan for the purpose of inducing Plaintiff): (3) Misrepresentation (also based on Defendant's allegedly false statements to Plaintiff regarding his ability to repay the lo...

Excerpt: ... 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 15 September 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Orders on Defendants' Special Motions to Strike and Demurrer to the First Amended Complaint. I. Statement of Facts. This is an action for foreclosure on a mechanics lien and other c...

Excerpt: ...s. AG‐SW HAMILTON PLAZA OWNER, L.P., a Delaware Limited Partnership; STEELWAVE, LLC, a Delaware Limited Liability Company; DOES 1 through 50, inclusive; and ROE CORPORATIONS 51‐100, inclusive, Defendants. Case No. 21CV375746 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 The above‐entitled actions come on for hearing before the Honorable Patricia M. Lucas on September 15, 2021 at 1:30 p.m. in Department 3. The ...

Excerpt: ... p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative wage and hour class action brought by plaintiff Delmi Menendez (“Plaintiff”) on behalf of employees of defendants Strategic Building Services, Inc. and Andrew Miller (collectively, “Defendants”), alleging that Defendants failed to pay the putative class members all minimum, regular, and overtime wages for all hours worked, depri...

Excerpt: ...R NEWCO MATERICALS TECHNOLOGY, INC.; MOTION FOR ORDER APPROVING FEES AND COSTS ON A FINAL BASIS FOR WENDEL ROSEN LLP AS COUNSEL FOR RECEIVER; APPLICATION FOR COMPENSATION BY ACCOUNTANT FOR RECEIVER The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on September 15, 2021 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a shareholder derivative action br...

Excerpt: ...E: MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on September 15, 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 Class Action Complaint, filed on February 19, 2021, set...

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 13 September 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Defendants' Motions to Strike Portions of the Complaint. I. Statement of Facts. Plaintiffs Long Chen (“Chen”), Dan Zhu (“Zhu”), Bojian Li (“Li”), and Long Chen as the Per...