Excerpt: ...ment 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action. According to the allegations of the Complaint, filed on January 8, 2021, the Doe plaintiffs in this case (collectively with Citizen Power Initiatives for China, “Plaintiffs”) are users of an app called WeChat. (Complaint, ¶¶ 14‐19.) WeChat is a messaging‐and‐payments mobile application offered by defendants Tencent America LL...

Excerpt: ...ve ruling as follows: I. INTRODUCTION This is a putative class action for alleged violations of the Fair Credit Reporting Act (“FCRA”). Plaintiff Domenique Newman (“Plaintiff”) alleges that defendant Smith+Noble Home, Inc. (“Defendant”) routinely acquires consumer, investigative consumer, and/or consumer credit reports to conduct background checks on Plaintiff and other employees and uses information from the reports in connection wit...

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 August 25, 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 (“FAC”), filed on February 19, ...

Excerpt: ...NT AND TO RECLASSIFY ACTION AS COMPLEX 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 action comes on for hearing before the Honorable Patricia M. Lucas on August 25, 2021 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION Plaintiff Velocity Investments LLC (“Velocity Investments”) filed its Complaint on September 10, 2020 to recover an alleged...

Excerpt: ...tment 3. The court now issues its tentative ruling as follows: I. INTRODUCTION According to the allegations of the Fourth Amended Complaint (“4AC”), filed on October 19, 2020, plaintiff Vinh Q. Huang (“Plaintiff”) brings this action against defendants Trung Nhat Tran, Thoa Thikim Nguyen, Nam Tran, Katelyn Phan, Tam Nguyen, PHP Group, Inc., Evergreen Equity Partners, LLC, Bach Lan Thi Le, Kimly Huynh, Andrew Loung, To Tran, and An Nguyen (...

Excerpt: ...ctual listing agreement with plaintiffs Silicon Valley Real Estate Group, Inc. (“Keller Williams”) and Keke “Coco” Tan (“Tan”) (collectively, “Plaintiffs”) whereby Plaintiffs agreed to list and market the property for sale and the Hans agreed to give Plaintiffs the exclusive and irrevocable right starting on February 1, 2018 until August 31, 2018 to sell the property in the capacity of the Hans' real estate agent and broker and to...

Excerpt: ...rty opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 23 August 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Defendant Constante Montalbán's Demurrer to Plaintiff's Complaint for Damages. I. Statement of Facts. Plaintiff Essy Knox (“Knox”) is the daughter of Fe A. Montalbán (“Fe”)5 , successor trus...

Excerpt: ...rustee of the Old Santa Cruz Revocable Trust dated January 13, 2015 arises from Sellers' attempts to build an access road. Plaintiffs/Sellers filed their initial complaint on May 24, 2017 to quiet title and prevent interference with an access easement that runs from their property (“Sellers' Property”) through land they recently sold (“Buyers' Property”). Several cross‐complaints have also been filed in the action Plaintiffs/Sellers' op...

Excerpt: ... the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 23 August 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Demurrer to the Answer by Plaintiff Carlos Pérez. I. Statement of Facts. This case arises out of false and defamatory statements by defendant Tracey Fuller (“Fuller”) alleging that plaintiff Carlos Pérez (�...

Excerpt: ... in September 2019 as a Sr. Software Engineer, Machine Learning. (FAC at ¶ 11.) After several months, Plaintiff began experiencing medical issues that caused Plaintiff to become temporarily disabled. (Id. at ¶ 13.) Specifically, Plaintiff began to suffer from mental instability resulting from Schizoaffective Disorder, Bipolar Type. (Ibid.) As a result, Plaintiff took a medical leave of absence from work from March 10, 2020 through April 6, 2020...

Excerpt: ...ocuments relating to a promissory note and deed of trust for Plaintiff's house; b) performed those signings while asserting they had certain titles (e.g., “Assistant Secretary”); c) even though they did not have those titles. (See SAC, ¶ ¶ 24‐30.) In March 2017, Plaintiff filed her SAC. In April 2017, Judge Elfving granted judgment on the pleadings, based on the SAC, in BANA's favor on various claims in the SAC and denied it as other clai...

Excerpt: ... condition of the Subject Vehicle arises. FCA US and MATHEW ENTERPRISE, INC. dba STEVENS CREEK CHRYSLER JEEP DODGE, (collectively “Defendants”) claim to be third party non signatories entitled to the benefit of the arbitration provision and move the Court for an order compelling plaintiff to arbitrate his dispute with them. Plaintiff opposes the motion on the Grounds that Defendants cannot seek to benefit from the arbitration provision becaus...

Excerpt: ...Snow, Alan Summers, John Trowbridge, Jane Green and Old Republic Title. Defendant K.C. Knapp (“Knapp”) was served with summons and FAC on or about November 2020, and following denial of Knapp's motion to quash service on May 11, 2021, Knapp filed the instant motion to compel arbitration and for stay of action. On August 11, 2021, plaintiffs filed opposition and on August 17, 2021, Knapp filed reply. On August 2, 2021, defendants Alan Summers ...

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 23 August 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion of Plaintiffs to Consolidate 20CV368793 with 21CV383086. I. Statement of Facts. Plaintiffs Adrian López (“Adrian”) and Esther Brambila López (“Esther”) ...

Excerpt: ...ng to the allegations of the Complaint, on May 15, 2019, Romero was driving on Meridian Avenue in Santa Clara County when she struck a vehicle driven by Kaitlin and in which Ryan and Jacqueline were passengers.1 (Complaint, ¶ 8.) Defendant was allegedly legally intoxicated at the time of the collision and was aware of the potential dangers of consuming alcohol in excess and then operating a motor vehicle, but did so anyway. (Id., ¶ 14.) B. Proc...

Excerpt: ...opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 18 August 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion of Plaintiff to Deem RFAs to be Admitted. I. Statement of Facts. Plaintiff as the debt buyer filed this complaint on 16 November 2020. The complaint alleges causes of action for open book account, ...

Excerpt: ...igation and fraud case for Mohebbi. Thereafter, Mohebbi filed an action against ALG for legal malpractice, fraud, overbilling and other claims arising out of the prosecution of the underlying business litigation and fraud case that gave rise to ALG's claim. The cases have now been consolidated under the older case number, which was the initial action filed by plaintiff ALG. Factual and Procedural Background On May 3, 2013, defendant Mohebbi signe...

Excerpt: ....) On August 24, 2018, Mulder was driving the Vehicle near the intersection of 1275 N. Milpitas Boulevard and Minnis Circle, and Whitney was a passenger in the Vehicle. (Id. at ¶¶ 4 & 6‐7.) As Mulder approached the intersection, he made a careless, negligent, and unsafe left turn onto North Milpitas Boulevard. (Id. at ¶¶ 7, 9‐10, & 14.) Mulder allegedly violated Vehicle Code section 21801 by making the unsafe left turn. (Id. at ¶ 14.) As...

Excerpt: ... represented) against defendant Silicon Valley Academy Project [sued herein as Silicon Valley Academy and Silicon Valley Academy Project (SVA Project)] (“SVAP”).1 According to the operative first amended complaint (“FAC”), on May 11, 2018, a student hit plaintiff Azzam, a minor, on the head with a shovel on the premises of defendant SVAP during school hours. (See FAC at GN‐1.) The alleged student had a history of violent behavior and pl...

Excerpt: ...compliance with the Court's February 9, 2021 Order on Plaintiff's motion to compel further responses to certain requests for production of documents (“RFPDs”), opposed by Defendants. 1. Defendants' Demurrer to the FAC Defendants' demurrer to Plaintiff's four remaining causes of action on statute of limitations grounds, unopposed by Plaintiff, is SUSTAINED WITHOUT FURTHER LEAVE TO AMEND. The Court notes that the tolling allegations added to th...

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 18 August 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Demurrer of Plaintiff to Answer of Defendants. I. Statement of Facts. On or about 4 May 2018, plaintiff Aleksey Barbakov (“Barbakov”) signed a one‐year lease to rent 747 Carlotta Court in ...

Excerpt: ... opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 18 August 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Demurrer by Defendant Bird Rides, Inc. to Plaintiff's Complaint. I. Statement of Facts. On or about 23 December 2018, at approximately 9:39 p.m., plaintiff Analissa Aguilar (“Aguilar”), a minor, was ...

Excerpt: ...ntative 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 and Representative Action Complaint, filed on July 16, 2021, sets forth the following causes of action: (1) Violation of Labor Code §§ 510, 558, and 1194; (2) Violation of Labor Code § 226, subd. (a); (3) Violation of Labor Code §§ 201‐203; (4) Violation of Business and ...

Excerpt: ...ring on Wednesday, August 18, 2021, at 1:30 p.m. in Department 3, the Honorable Patricia M. Lucas presiding. The court now issues its tentative ruling as follows: I. INTRODUCTION This matter arises from a dispute over a currently ongoing review by Defendant/Respondent the County of Santa Clara (“County”) of a proposal to amend the reclamation plan for the surface mining operations at the Permanente Quarry, operated by Plaintiff/Petitioner Leh...

Excerpt: ...connection with a lawsuit that defendant brought on behalf of plaintiff in Phunware, Inc. v. Uber Technologies, Inc., San Francisco County Superior Court case no. CGC‐17‐561546. (“Uber lawsuit”). On May 18, 2021, defendant filed the instant motion to compel arbitration and stay of this action. On August 4, 2021, plaintiff filed opposition and on August 10, 2021, defendant filed reply. Summary of contentions Defendant asserts that the pres...