Excerpt: ...n for fraudulent transfer of assets. According to the allegations of the operative complaint (“Complaint”), on December 9, 2011, Plaintiff filed a complaint against his broker, defendant Daniel C. Susott (“Daniel”), for financial abuse of an elder, conversion, neglect, physical abuse of an elder and the wrongful death of John and Daniel's mother, Kathryn C. Susott. (Complaint, ¶ 15.) The action, filed in Monterey County Superior Court an...

Excerpt: ...h 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 13 September 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Orders on Motions of Defendants Ford Motor Company and Jack Gosch Ford Hemet to Compel Arbitration and Stay Action. Introduction. In an earlier case unrelated to this one, Mr...

Excerpt: ...al property located at 15455 Via Caballero in Monte Sereno (the “Property”). (Complaint, ¶ 4.) The parties each maintain an undivided 50% interest in the Property as tenants in common, which was initially formed in October 2007. (Id., ¶¶ 4, 9, 10 and Exhibits B and C.) However, their relationship is such that it is no longer feasible to continue to own the Property together and therefore Katherine seeks its partition by sale. (Id.) Morgan ...

Excerpt: ...ainst both Defendants); (2) Breach of the Implied Covenant of Good Faith and Fair Dealing (against both Defendants); (3) “Breach of Explicit Joint Venture Agreement” (against PKJ only); (4) “Breach of Implicit Joint Venture Agreement” (against PKJ only); (5) “Breach of Express Partnership Agreement” (against PKJ only); (6) “Breach of Implicit Partnership Agreement” (against PKJ only); (7) Breach of Fiduciary Duty (against PKJ only...

Excerpt: ...rest per annum, with the condition that the demand could not be made before the occurrence of an Urban liquidity event creating distributable cash resources in such an amount sufficient to fully repay the loan, and Plaintiff being made aware of the event so that they could then make the demand. (See TAC, ¶¶ 9, 10 (also alleging that “Defendants could not be obligated to repay the loan (even if a demand had been made) before Plaintiff was made...

Excerpt: ...purchased [airplane] hangar doors from Hi‐Fold Door Corporation (“Hi‐Fold”) pursuant to a contract. (FAC ¶¶5 and 11.) Hi‐ Fold retained Subsidium Enterprise Corporation (“Subsidium”) to deliver hangar doors on Hi‐Fold's behalf to customers. (Complaint, ¶11.) Plaintiff Robert Durham (“Durham”) was retained by Subsidium, as an independent contractor, to deliver multiple hangar doors to defendant Winegarden. (Id.) Prior to del...

Excerpt: ....) During the night, Plaintiff would record muffled voices coming from her ears, and the following morning, she would analyze the recordings and could understand some sentences. (Id.) Nineteen months after her face lift, an ENT doctor used an otoscope and found unidentified structures in her ears. (Id.) A foreign big nanotechnology company valued one of the implants—a nano diamond in her right ear—at several thousand dollars. (See FAC, pp.2�...

Excerpt: ...rom the COVID‐19 pandemic and associated public health orders. As explained below, the Court SUSTAINS Sequoia's demurrer with 30 days' leave to amend. I. BACKGROUND As alleged in the operative complaint, Plaintiff operates a boutique hotel in Bodega Bay in Sonoma County. Beginning in March 2020, the State of California and Sonoma County issued a series of Public Health Orders addressed to the COVID‐19 pandemic, which forced businesses includi...

Excerpt: ...'s parents, reside in Santa Clara County. Defendant Edward Ivy, Plaintiff's brother, resides in Contra Costa County. Plaintiff's original Complaint was filed on November 17, 2020. The operative First Amended Complaint (“FAC”) was filed on May 18, 2021. The FAC states 13 causes of action (none of which are listed on the caption page) against all Defendants: (1) Breach of Fiduciary Duty (brought by Plaintiff individually); (2) Breach of Fiducia...

Excerpt: ...n Ave., Apt. 301 (hereinafter, “subject premises”). (See complaint, ¶¶ 2, 6‐7.) The lease was a 12‐month lease, renewable as a month‐to‐ month lease thereafter, subject to the annual recertification of Plaintiff's BMR eligibility by defendant Alvin's Corner at Penny Lane, LLC (“Alvin's”) and approval from City. (See complaint, ¶ 8.) Alvin's certified Plaintiff's BMR eligibility at move‐in in February 2016 and subsequently the...

Excerpt: ...UCLA's Institute for Technology Advancement (“ITA”) and suggested that Plaintiff present to ITA. (See 4AC, ¶¶ 49‐51.) On October 7, 2009, Plaintiff provided Konda Tech's business presentation to Markovic and ITA in confidence. (See 4AC, ¶ 51.) Markovic began the presentation by presenting the confidential Konda Tech Business Presentation to defendant Leslie Lackman (“Lackman”), deputy director for ITA. (Id.) Despite the business pres...

Excerpt: ...nia. (First Amended Complaint (“FAC”), ¶ 6.) Plaintiff worked for Defendant as a non‐exempt packing room employee from October 2015 until she resigned in October 2016. (Id., ¶ 5.) She alleges that Defendant “fail[ed] to provide employees with accurate itemized wage statements.” (Id., p. 1.) Based on this theory, she asserts a single cause of action under PAGA. The parties have now reached a settlement. Plaintiff moves for an order app...

Excerpt: ... in that order. Before the Court is Plaintiff's motion for final approval of the settlement and for approval of his attorney fees, costs, and service award. Plaintiff's 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...

Excerpt: ...liminary approval of a settlement, which is unopposed. As discussed below, the Court GRANTS preliminary approval. I. BACKGROUND As alleged in the operative First Amended Complaint (FAC), Plaintiff worked for Defendant from approximately July 2019 to August 2020 as a nonexempt employee, helping customers obtain home financing. (FAC, ¶ 17.) He and similarly situated employees regularly worked overtime and were paid non‐discretionary remuneration...

Excerpt: ... Plaintiffs' motion for preliminary approval of a settlement. As discussed below, the Court DENIES preliminary approval to the settlement in its current form, but invites the parties to meet and confer concerning possible modifications to the settlement. I. BACKGROUND These related actions were consolidated in October 2020, pursuant to a stipulated order. Plaintiffs filed the operative First Amended Consolidated Class and Representative Action Co...

Excerpt: ...ronic Registration Systems, Inc. (“MERS”) and Quality Loan Service Corporation (“Quality”). According to the allegations of the operative SAC, Plaintiff owns and resides at the residential property located at 11860 Francemont Avenue in Los Altos Hills (the “Property”). (SAC, ¶¶ 1‐4, 21, 44.) On July 26, 2005, Plaintiff obtained Plaintiff obtained a loan from Countrywide Home Loans (“the Loan”), which was secured with a Deed of...

Excerpt: ...eet, 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 03 September 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Orders on: (1) [Defendant San Jose Towers, Llc, Arnold Kamrin, and Gregory Bock's] Motion For Summary Adjudication; and (2) [Cross‐Defendants Gary Schaezlein And Jeffrey Jones's] Moti...

Excerpt: ...”) and Indian Harbor Insurance Company (“Indian Harbor”). The Complaint states three causes of action: (1) Declaratory Relief (against all Defendants); (2) Equitable Reimbursement (against Critchfield only), and; (3) Equitable Contribution (against Old Republic and Indian Harbor only). Both Critchfield and Indian Harbor have filed cross‐complaints against Travelers. Critchfield's Cross‐Complaint was filed on April 2, 2021. It states thr...

Excerpt: ...opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 03 September 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion to Quash Service of Summons by Specially Appearing Defendants Benlin Yuan and Hong Lin. I. Statement of Facts. On or about 16 September 2014, defendant Benlin Yuan (“Yuan”) organized Camiwel...

Excerpt: ... the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 03 September 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Orders on: Line 6: Motion of Defendant to Compel Depositions of Plaintiffs; Line 7: Motion of Plaintiffs for a Protective Order. I. Statement of Facts. The complaint in this action was filed on 23 March 2021. The plain...

Excerpt: ...61 North 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 03 September 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion of Plaintiff to Compel the Deposition of Slobodan Galeb and for Sanctions. I. Statement of Facts. Plaintiff filed this complaint on 16 January 2018. Pl...

Excerpt: ...sing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 03 September 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order On Motion Of Cross Defendant Bijan Dastmachi for Summary Judgment. I. Statement of Facts. A. The Complaint. Defendant Ali Kamarei (“Kamarei”) is in a romantic relationship with plaintiff Jane Doe's mother...

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 03 September 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Demurrer and Motion to Strike to the First Amended Complaint by Defendants Menekshe Law Firm, APC and Ayhan Menekshe. I. Statement of Facts. Plaintiff Catherine Adams (“Plaintiff�...

Excerpt: ...by one of its members. According to the allegations of the operative Complaint, on December 30, 2003, Plaintiff and Defendants entered into the “Spartagus, LLC Operating Agreement” (the “Agreement”), which made them managers and members of Spartagus, LLC (“Spartagus” or the “LLC” or the “Company”), an entity formed in order to operate a restaurant known as “Viva! Neighborhood Eatery of Los Gatos” (“Viva!”) in Los Gatos...

Excerpt: ... order. Before the Court are Plaintiff'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 is inclined to grant both motions, but with a reduction in attorney fees. In addition, the Court requires additional information to evaluate them and make a final decision. I. LEGAL STANDARD FOR SETTLEMENT APPROVAL Generally, “quest...