Excerpt: ...is Stronghold's demurrer to the City's second amended crosscomplaint (“SAXC”). According to the allegations in the SAXC, the City awarded the contract for constructing the Project to SEI on November 17, 2015 following a competitive bidding process. (SAXC, ¶¶ 7– 8, 12.) As set forth in SEI's bid, it agreed to perform the work for a base price of $46,997,000. (SAXC, ¶ 8.) With its bid, as required by Public Contract Code § 4104 (a)(1), SE...

Excerpt: ...t at work. (FACC, ¶ 7.) She retained cross‐defendant James Suits (“Suits”), a licensed attorney, to bring a personal injury action against her employer. (Id. at ¶¶ 3 & 8.) Under the terms of Powers' written agreement with Suits, Suits agreed to represent Powers in the personal injury action in exchange for one‐third of any gross recovery, plus repayment of court costs advanced by Suits. (Id. at ¶ 8.) The personal injury action filed o...

Excerpt: ...ricia M. Lucas on July 21, 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 Complaint, filed on July 2, 2020, sets forth the following causes of action: (1) Failure to Pay Wages Owed; (2) Failure to Provide Meal Periods or Pay Meal Period Premiums; (3) Failure to Authori...

Excerpt: ...es its tentative ruling as follows: I. INTRODUCTION Plaintiff Thunder Token Inc. (“Thunder Token”) brings this lawsuit for breach of employment contract against defendant Zachary Amsden (“Amsden”). Thunder Token alleges that Amsden resigned from employment with Thunder Token approximately 13 months after he was hired, but has not repaid the unvested portion of his sign‐on bonus. (Complaint, ¶ 1.) The Complaint, filed on July 24, 2020, ...

Excerpt: ... Complaint, in May 2016, the United States Department of the Navy (the “Navy”) issued a funding solicitation through the Small Business Innovation Research5 (“SBIR”) for an “Integrated Hybrid Structural Health Monitoring (SHM) System” for the V‐22 Osprey, a military aircraft. (Complaint, ¶ 16.) The objective of the foregoing systems was to utilize certain sensors and actuators to detect and track damages to structures. (Id., ¶ 17....

Excerpt: ...edent”) were previously joint tenants as common‐law husband and wife of real property located at 444 Bella Corte in Mountain View (the “Property”) by way of grant deed dated November 22, 2004. (FAC, ¶ 19, Exhibit A.) Decedent was hospitalized with terminal cancer from December 6, 2018 until his death on January 6, 2019. (Id., ¶ 18.) Plaintiff was by Decedent's side nearly every day during that time. (Id., ¶ 20.) On December 29, 2018, P...

Excerpt: .... The court may adopt, modify or reject the tentative ruling after considering the parties' oral arguments. The tentative ruling will have no legal effect unless adopted by the court. No notice of intent to appear is required. If you wish to submit on the tentative decision, you may send a telefax to Judge Borrell's secretary, Isabel Alarcon, at 805‐477‐5894, stating that you submit on the tentative. A copy of the telefax must be sent to all ...

Excerpt: ... Background This is an action for wrongful death and dangerous condition of public property. According to the allegations of the complaint, two‐year‐old Alexavier Gonzalez Padilla (“Decedent”) was struck and killed by a motor vehicle at the intersection of Banff Street and Danube Way in San Jose, California. (Complaint, ¶ 22.) Decedent's minor siblings— Aileen, Amelia, Bryan, Desiree, and Izaiah—witnessed the accident and, consequent...

Excerpt: ...propria persona, he 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.) “A doctrine generally requiring or permitting exceptional treatment of parties who represent themselves would lead to a quagmi...

Excerpt: ... in San Jose in 2000 as a seventh grader. (SAC, ¶¶ 12‐13.) Due to behavioral issues caused by hyperactivity, Plaintiff was placed in a separate classroom from his peers with several other boys under the care, control and supervision of defendant Roland Saher (“Saher”). (Id., ¶¶ 14‐16.) Saher was allegedly not sufficiently credentialed, trained and vetted for such an assignment. (Id.) Plaintiff and his classmates were physically isolat...

Excerpt: ...use. Plaintiff alleges that as a result of the work of these two defendants asbestos was disturbed and released into the residence. Defendant MG Remediation, Inc. was then hired to perform asbestos remediation. Plaintiff's original complaint was filed on January 7, 2019. The operative First Amended Complaint (“FAC”) was filed on September 3, 2020. The FAC states four causes of action1 for: (1) Breach of Contract (against all three contractor ...

Excerpt: ...serts that plaintiff's original complaint named only Kennedy as defendant, and that Kennedy's earlier motion to compel arbitration and stay of action was denied by this court on procedural grounds. Plaintiff then filed a first amended complaint naming National as a new defendant. While National asserts that it is a completely separate and distinct entity from Kennedy, the FAC alleges National is liable to plaintiff on an agency and/or joint emplo...

Excerpt: ... 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 19 July 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order On Motion of Defendant to Vacate Default/Default Judgment. I. Statement of Facts. This complaint was filed on 5 July 2016. 3 the complaint alleges a cause of action for breach of contract. On ...

Excerpt: ... 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 19 July 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Orders on Motions of Plaintiff to: 1. Compel Century Park to Provide Responses to Form Interrogatories and for Sanctions; 2. Compel Century Park to Provide Responses to Speci...

Excerpt: ...intiff Calisi retained defendant Durham Associates CPAs, Inc. (“Dunham CPA”) to perform bookkeeping and tax services for both plaintiff individually, and Odeum. (Complaint at ¶ 10.) Defendants Dunham CPA and Rick D. Dunham (“Dunham”) (collectively, “Defendants”) agreed to perform bookkeeping and accounting services for the fiscal years 2016, 2017, 2018, 2019, and first quarter of 2020; and tax services for the fiscal years of 2016, 2...

Excerpt: ... of the legal services provided. The Fee Agreement, at paragraph 11 provides that: “If there are any disputes about the billing, services charged, statements, etc., Client shall promptly notify Attorney and agrees to have these matters handled by Mandatory Fee Arbitration with the county in which the matter was filed. Before any other actions are pursued by Attorney or Client, the parties agree to first mediate their differences with a Mediator...

Excerpt: ...s's motion to compel source code repositories, which Cisco opposes. Cisco also seeks unspecified sanctions in connection with its opposition. As discussed below, the Court DENIES Leadfactors's motion and DENIES Cisco's request for sanctions. I. BACKGROUND A. Factual According to the operative Third Amended Complaint (TAC), ConnectBeam was the first integrated social software platform that combined “social bookmarking, tagging, social networking...

Excerpt: ...osing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 7 July 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order ON Motion for Summary Judgment, OR in the Alternative Summary Adjudication I. Statement of Facts. Plaintiff James Rhys Kantor (“Kantor”) began work as an employee of defendants Vernon Kirk (“Kirk”) and San...

Excerpt: ...OUND The factual and procedural background to this action is summarized in the Court's April 27th, 2021 order granting Acer's motion for summary judgment (the Order), and is not repeated here. The first page of the Order summed up the Court's reasoning in granting summary judgment: Intellisoft does not seek an injunction, but instead monetary relief. And its sole theory of monetary relief for all claims is not viable in light of the undisputed fa...

Excerpt: ...der. Before the Court is Plaintiff's motion 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 cla...

Excerpt: ...ssment in connection with arranging a loan. (See 4AC, ¶ 17.) Summers is a real estate person who does business as or under the supervision of defendant John Trowbridge (“Trowbridge”) through the fictitiously named Capital Funding. (See 4AC, ¶ 7.) Kenoyer introduced himself as a licensed home loan mortgage broker with CHL. (Id.) Plaintiffs told Summers and Kenoyer that they wanted a loan to remodel their family home, and Kenoyer represented ...

Excerpt: ... the Complaint, Plaintiff's mother, Maria Ramirez (“Maria”), was an employee of IDT at a Salinas, California semiconductor facility when she conceived and gave birth to her him. (Complaint, ¶ 6.) During the course of her pregnancy, IDT utilized teratogenic, genotoxic, developmentally toxic, developmentally neurotoxic and reproductively toxic chemicals in the assembly and manufacture of products at its Salinas facility, and such toxicants can...

Excerpt: ...vely, “Cross‐Complainants”). I. Background A. Factual 1. Complaint This is an action for breach of contract. According to the allegations of the complaint (“Complaint”), PAPO is the owner of CTC, a real estate development project located in Palo Alto which includes the premises located at 2108 El Camino Real, Palo Alto (the “Property”). On November 20, 2013, CTC, as landlord, and J&A Family Markets, Inc. (“J&A”), as tenant, ente...

Excerpt: ... Family Holding ApS (JPTB)—seek damages and other relief. Before the Court is a demurrer by individual cross‐ defendants Kathy Pesic and Iliya Pesic (the Pesics) to all of the clams asserted against them in the Amended Cross‐Complaint (FAXC). (Code Civ. Proc., 430.10, subd. (e).) As discussed below, the Court SUSTAINS the Pesics' demurrer with leave to amend. I. BACKGROUND Silvaco commenced this action by filing a complaint for declaratory ...

Excerpt: ..., provided accounting services to Plaintiff, Craig Urban, and UPI. (Id. at ¶¶ 2‐3, 6, 9, 14, & 19.) In 1999, UPI established a Money Purchase Pension Plan (“Plan 1”) and a Profit Sharing Plan (“Plan 2”). (Complaint, ¶ 10.) Plaintiff made contributions and payments to Plan 1 and Plan 2. (Id. at ¶ 12.) In addition, UPI was required to make annual contributions to Plan 1 for Plaintiff. (Id. at ¶ 11.) Plaintiff did not receive his full...