Excerpt: ...e trust upon the death of the original settlors, Sam Santomauro and Laura Santomauro, is the owner of real property located at 871‐873 North Seventh Avenue in San Jose (the “Property”). (Complaint, ¶ 4.) Defendants John Santomauro (“John”) and Pantages, who are siblings, became co‐trustees of the Trust upon the death of the original settlors and are equal 50% beneficiaries. (Id., ¶¶ 15‐16.) At the time of the original settlors' d...

Excerpt: ... M. Lucas on August 11, 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 of various alleged wage and hour violations. The First Amended Complaint, filed November 13, 2020, sets forth the following causes of action: (1) Failure to Provide Meal Periods; (2) Failure to Provide Rest Periods; (3) Failure to Pay Hourly Wages; (4) Failu...

Excerpt: ...s determined not complex pursuant to order filed February 22,, 2021. On May 4, 2021, defendants filed the instant petition to compel arbitration and dismiss or stay proceedings. On June 9, 2021, plaintiff filed opposition and on July 27, 2021, defendants filed reply. Summary of contentions Defendants assert that plaintiff must be compelled to arbitration and that this court proceeding be dismissed or stayed pursuant to an arbitration agreement en...

Excerpt: ...ber 5, 2017. (SAC, ¶ 23.) Upon admission, Plaintiff's skin was intact, but she was deemed to be at high risk for skin breakdown. (Id. at ¶¶ 24‐25.) The next day, Stanford's nursing staff created a skin integrity plan due to Plaintiff's risk for pressure ulcers. (SAC, ¶ 26.) The skin integrity plan indicated that Stanford's nursing staff would monitor Plaintiff's skin at least two time per day for redness or breakdown, and report to a physic...

Excerpt: ...) According to the allegations of the complaint, on December 1, 2015, defendant Thomas A. Nyulassy ( “Nyulassy”) negligently operated a motor vehicle on northbound San Tomas Expressway, south of Walsh Avenue, thereby causing Plaintiffs' injuries and damages. (Id. at ¶¶ MV‐1 & MV‐2.) Nyulassy was allegedly employed by Does 1 to 100 and operated the motor vehicle in the course and scope of his employment. (Ibid.) Based on the foregoing al...

Excerpt: ...he allegations of the Complaint, defendants Christine Sellers and Mark Viera (collectively, “Owners”) own a building located at 224 North 27th Street in San Jose (the “Property”). Defendants T‐Mobile and Ericsson, Inc. (“Ericsson”), in turn, are the owners of a cellular antenna tower located on the roof of the building. (Complaint, ¶ 7.) On May 4, 2016, Plaintiff, an employee of ProCell, was at the Property to perform maintenance a...

Excerpt: ...nded complaint (“FAC”), the District is the largest multipurpose water supply, watershed stewardship, and flood management special district in California. (FAC at ¶ 10.) The District owns and operates the Rinconada Water Treatment Plant (“RWTP”) which takes in raw water from various sources and processes it to produce potable water (i.e., drinking water). (Id. at ¶ 11.) Like every drinking water plant, the RWTP employs a Residuals Manag...

Excerpt: ... to the allegations of the Complaint, 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: unpermi...

Excerpt: ...t of Arena Origination. According to the allegations of the FAC, in late 2018 and early 2019, Plaintiff and defendant 199 Bassett Owner, LLC (“199 Bassett Owner”) were in negotiations for 199 Bassett Owner's purchase of the property located at 199 Bassett Street in San Jose (the “Property”). (FAC, ¶¶ 4, 17.) As part of those negotiations, 199 Bassett Owner requested that Plaintiff provide financing in the amount of $6,000,000, and Plain...

Excerpt: ...l”) is the principal engineer of plaintiff Fathom. (Id.) Defendant Ropers Majeski PC (“Ropers”) represented Maxim Integrated Products, Inc. (“Maxim”) in litigation entitled Maxim Integrated Products, Inc. v. Novinium, Inc. filed in Santa Clara County on 11 July 2016 (“Maxim Action”). (FAC, ¶8.) A trial date in the Maxim Action was set for 10 September 2018 and defendant Ropers was required to declare experts on 23 July 2018. (Id.) ...

Excerpt: ...moting scam videos on the YouTube platform, selling targeted ads that drive traffic to such videos, falsely verifying YouTube channels that carry such videos, and providing other false and misleading information to promote them. In an order filed on June 10, 2021, the Court sustained Defendants' demurrer on the basis that Plaintiffs' claims are barred by Section 230 of the Communications Decency Act (the “CDA”).12 It granted Plaintiffs 30 day...

Excerpt: ...filed an opposition on July 15, 2021. 3 As discussed below, the Court OVERRULES Defendant's demurrer. I. BACKGROUND As alleged in the operative complaint, in November 2019, Plaintiff rented a residential apartment in a building Defendant owns in Milpitas and paid a $995 security deposit. (Class Action Complaint, ¶¶ 2–3, 5, 18–20.) When she vacated her apartment on June 24, 2020, Defendant overcharged her security deposit and failed to show ...

Excerpt: ...dants' demurrer on the grounds that Plaintiff fails to allege either demand refusal or demand futility as required to support the derivative claims, and otherwise fails to state a cause of action. (Code Civ. Proc., § 430.10, subd. (e).) Defendants also move to require Plaintiff to furnish a $50,000 bond pursuant to Corporations Code section 800, subdivision (c).6 Plaintiff opposes both motions. As discussed below, the Court SUSTAINS the demurrer...

Excerpt: ...iff”) and move to strike portions contained therein. I. Background A. Factual This is an action for medical negligence, among other things. According to the allegations of the FAC, on March 9, 2019 Plaintiff, an African‐American male with a diagnosis of bipolar disorder, PTSD and a history of mental health hospitalizations, was suffering a bipolar event. (FAC, ¶¶ 13, 15.) Plaintiff spoke with Dr. Denduluri, who was overseen by Dr. Vemuri, a...

Excerpt: ...on for final approval of the settlement and for approval of her 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 of the class was proper, and whether the attorney f...

Excerpt: ...the Old Courthouse, 2nd Floor, 161 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 04 August 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Orders on: 1. Motion of Plaintiff to Compel Defendant Hung Bui to Provide Further Discovery Responses (Line #16); and 2. Motion of Plainti...

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 04 August 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order On Motion of Plaintiff for Stay of Proceedings. I. Statement of Facts. Plaintiff Jimmy K. Lee, in propria persona, filed this complaint on 30 September 2020.7 Plaintiff alleges that he was ...

Excerpt: ...an community in Northern California. (Complaint at ¶6.) On January 12, 2015, Mr. Ghiassi—on behalf of the Razi Academy— entered into a written contract with Defendant, who is a musician with a background in Iranian classical and folk music, to perform at a Persian New Year celebration hosted by the Razi Academy on March 28, 2015. (Id. at ¶7.) Under the terms of the parties' agreement, Defendant was to receive $3,000 for the performance, but...

Excerpt: ...perative complaint (“Complaint”), on March 20, 2006, a utility pole belonging to PG&E failed and damaged several buildings on Plaintiff's property in Gilroy (the “Property”). PG&E removed the pole and installed a new one, but initially did so incorrectly, leaving Plaintiff without his prior level of service. Ascarie was promised that his pre‐existing service would be restored to him at no charge, but was later informed by PG&E that that...

Excerpt: ...the Old Courthouse, 2nd Floor, 161 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 04 August 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Orders on Motions of Plaintiffs to: 1. Motion of Plaintiff to Quash Deposition Subpoenas for Production of Records to DeAnza College, UC D...

Excerpt: ...m in Santa Clara County Superior Court, Case No 1‐09‐FL151906. Plaintiff was initially represented in the proceeding by defendant Bradford Baugh (“Baugh”) until he took over his own representation as a pro se party. Plaintiff alleges, among other things, that Baugh was engaged in a conspiracy with Plaintiff's sister, Jeanne Schmidt (“Schmidt”) and her domestic partner, Kenefick, to terminate a 2014 action filed by Plaintiff against th...

Excerpt: ...374613 TENTATIVE RULING RE: SPECIAL MOTION TO STRIKE FIRST AMENDED COMPLAINT The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on August 4, 2021 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION The First Amended Complaint (“FAC”) of Plaintiff Bernabe Cantada Sinsay (“Plaintiff”), filed on April 1, 2021, asserts the following causes of action on behalf...

Excerpt: ...August 4, 2021 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This putative class action involves allegations that defendants Bombardier Transportation Services USA Corporation and Bombardier Mass Transit Corporation (collectively, “Defendants”) routinely acquire consumer, investigative consumer and/or consumer credit reports to conduct background checks on prospective, current, and former ...

Excerpt: ...August 4, 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 action and representative action arising out of various alleged wage and hour violations. The Second Amended Complaint (“SAC”), filed December 13, 2017, sets forth the following causes of action: (1) Failure to Provide Meal Periods; (2) Failure to Provide Rest Periods; (3) Failure to Pay Hourly Wages; (4)...

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.) On October 12, 2009, just prior to presenting to ITA, Markovic, for the first time, indicated that Plaintiff should not expect ITA to fund Konda Tech because ITA does not fund technologies built ou...