Excerpt: ... judgment was entered on or about July 21, 2014. On July 21, 2016, defendant filed motion to vacate the judgment which was denied pursuant to order filed August 19, 2016. On March 23, 2017, defendant filed motion to vacate default and judgment, and to quash service of summons and complaint. The motion was denied pursuant to order filed August 23, 2017. In the instant motion, defendant seeks to set aside the default judgment on the grounds that th...

Excerpt: ...th 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 12 July 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion of Defendant Uber Technologies, Inc. to Consolidate/Transfer Pursuant to Code Of Civil Procedure, §§ 403 and 1048 and California Rules Of Court, Rule 3.500. I. ...

Excerpt: ... 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 12 July 2021. Please specify the issue to be contested when calling the Court and Counsel. Order on Motion of Defendants to Compel Arbitration and Stay Proceedings. I. Statement of Facts. Plaintiff filed this complaint on 25 January 2021. The complaint alleges causes of action as follows: 1. Civil Code, § 179...

Excerpt: ...e. 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 12 July 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion of Defendants to Compel Arbitration. I. Statement of Facts. This complaint was filed on 8 January 2021. 11 The complaint alleges causes of action for trade secret misappropriation and fo...

Excerpt: ...8, Plaintiff Martha, with complaints of upper right molar area pain and/or sensitivity, initially consulted defendant Liang for a dental cleaning and examination. (First Amended Complaint [“FAC”] at ¶ 10.) During the examination, defendant Liang advised Plaintiff Martha that she had nine cavities and recommended the teeth be treated with dental filling restorations. (Id. at ¶ 11.) Based on this advice, Plaintiff Martha consented to the prop...

Excerpt: ...e turned 18 years old in January 2002, Plaintiff was sexually abused by Defendant Chioke Robinson (“Robinson”), a track coach at the high school. The Complaint alleges (at ¶6) that this occurred despite Defendant Willie Harmatz (“Harmatz”) the head coach of the girls' track team, being warned about Robinson's behavior by another student. Defendant Harmatz allegedly actively discouraged students from participating in a police investigatio...

Excerpt: ...against various insurance companies. According to the allegations of the FAC, Plaintiff, which owns multiple rental properties in the U.S., leased one of its properties located at 1062W SR 436 in Altamonte Springs, Florida (the “Property”) to Kendal Page LLC dba Cooter Browns Bar & Grill (“Tenant”). (FAC, ¶¶ 1, 2.) The written lease executed by Plaintiff and Tenant required Tenant to purchase liability insurance and property damage insu...

Excerpt: ...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 12 July 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion of the Irvine Company for an Order Deeming Requests for Admissions Served on Crisp Company to Be Admitted. I. Statement of Facts. The facts of this matter are well known to this C...

Excerpt: ...ons. I. BACKGROUND A. Factual According to the operative Fourth Amended Complaint (4AC), McGee is an airline service provider and a wholly owned subsidiary of Alaska Airlines. (4AC, ¶ 2.) Plaintiff Ferdinand Batin was employed by Defendant in California as a non‐exempt employee from August to November of 2018, while Plaintiff Nicolette Macleary has been employed in that capacity since January of 2019. (Id., ¶¶ 3–4.) Each plaintiff has rece...

Excerpt: ...p One Construction, Inc. (“plaintiff”) filed complaint in this action against La Encina and Evertrust Bank, Inc. alleging breach of contract and to foreclose on a mechanics lien. According to the allegations of the complaint, plaintiff and La Encina entered into a contract where plaintiff agreed to build five residential homes in San Jose, CA and La Encina agreed to pay plaintiff for the construction. It is alleged that La Encina terminated t...

Excerpt: ...il Procedure section 1255.410. The property is an overhead utility easement and a temporary construction easement (“subject property easements”) over real property in Santa Clara, California owned by PSB. Summary of contentions Santa Clara asserts that it is empowered under California statutory law to condemn the subject property easements by eminent domain, and obtain an order of the court for prejudgment possession, provided it meets four e...

Excerpt: ...s motion. I. BACKGROUND As alleged in the operative complaint, Defendant employed Plaintiff and other California residents as non‐exempt employees throughout the state. (Second Amended Complaint (SAC), ¶ 26.) Plaintiff and other putative class members were not paid all wages (including minimum wages and overtime wages) for all hours worked when Defendant required them to work off‐the‐clock. (Id., ¶ 29.) They also did not receive compliant...

Excerpt: ...provides temporary staffing assignments and other support to businesses throughout the country. (First Amended Complaint (FAC), ¶ 22.) Plaintiff is a former non‐ exempt employee of Defendant, who resided in Washoe County, Nevada during his employment. (Id., ¶ 21.) He worked for Defendant as an Implementation Support Specialist, traveling to various jobsites and registering the assets and commodities of various businesses. (Ibid.) He was frequ...

Excerpt: ...adi”) and Carden School entered into a written contract with Plaintiff on August 21, 2006. (Complaint, p. 4, ¶ BC‐ 1.) Under the terms of the contract, Asadi and Carden School agreed to pay rent for property owned by Plaintiff located at 1550 Meridian Avenue and 1570 Alta Glen Avenue in San Jose, California (collectively, “Premises”). (Ibid.) Asadi and Carden School allegedly breached the written contract on November 1, 2018, by failing ...

Excerpt: ...complainant Sara Langton (“Sara”) and move to strike portions contained therein. I. Background A. Factual 1. Complaint According to the allegations of the Complaint, in December 1972, various individuals conveyed the property located at 448 North San Pedro Street in San Jose (the “Property”) to John Langton, Jr. (“John”) and Sara, his wife, and their son, Phillip Sydney Langton (“Phillip”), a single man, all as joint tenants via a...

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: ...precertification discovery to identify a new class representative. I. BACKGROUND A. Factual As alleged in the Complaint, Plaintiff was employed by Flagship in San Jose as a nonexempt, hourly employee. (Complaint, ¶ 2.) She worked as a janitor exclusively in the Bay Area. (Ibid.) Plaintiff alleges that she and other janitors employed by Defendant were not paid all earned wages, including overtime; were not provided timely, compliant meal and rest...

Excerpt: ..., Duy Vu, Thao Vu and Hien Vu (collectively “Plaintiffs”) on November 13, 2019 stated claims for 1) Motor Vehicle Negligence; 2) General Negligence, and; 3) Negligent Infliction of Emotional Distress. Plaintiffs then brought a motion for leave to file a First Amended Complaint (“FAC”) which was granted by the Court (Hon. Barrett). The FAC, another form complaint, was filed on September 29, 2020. The FAC added a fourth cause of action, a s...

Excerpt: ... Lui and Lu are co‐managing members of SEFG. (Complaint, ¶ 12.) SEFG has operated a Montessori school, Palo Alto Bilingual Montessori Academy, on premises located at 4232 El Camino Real in Palo Alto, California (“Premises”) for over ten years. (Id. at ¶¶ 12‐13.) Prior to operating the school on the Premises, Lu operated a preschool. (Id. at ¶ 14.) Sometime prior to 2010, defendant Zhen Zhen Li (“Li”) approached Lu and represented ...

Excerpt: .... INTRODUCTION According to the allegations of the Fourth Amended Complaint (“4AC”), filed on March 22, 2021, plaintiff Brady Esch (“Esch”) (no longer a party to this action) is trained as a mechanical engineer and a materials scientist and engineer. (4AC, ¶ 111.) Esch was hired on August 2, 2004, to work for VNUS Medical Technologies (“VNUS”) at its San Jose, California facility. (Id. at ¶ 112.) On May 8, 2009, VNUS was acquired by...

Excerpt: ...e Honorable Patricia M. Lucas on July 7, 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 arising out of alleged wage and hour violations. The Complaint, filed on June 23, 2020, sets forth the following causes of action: (1) Failure to Provide Meal Periods or Pay Meal Period Premiums; (2) Failure to Authorize and Permit Rest Breaks or Pay Rest Break Premiums; ...

Excerpt: .... in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a class and representative action arising out of alleged wage and hour violations. The First Amended Complaint, filed on March 12, 2021, sets forth the following causes of action: (1) Failure to Pay All Minimum and Overtime Wages; (2) Failure to Provide Rest Periods or Compensation in Lieu Thereof; (3) Failure to Provide Meal Periods or Compensation i...

Excerpt: ...s in cross‐complainant Garden City, Inc., dba Casino M8trix (“GCI”), and includes a provision for a right of first refusal in the event a shareholder in GCI desired to accept an offer to sell their shares to a third party. (See XC, ¶ 19.) On April 13, 2015, Swallow entered into a Stock Purchase Agreement with John Park (“Park Agreement”) in which Swallow agreed to sell his shares in GCI to Park for $50 million plus additional considera...

Excerpt: ...arty opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 2 July 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Motions for Summary Judgment, or in the Alternative, Summary Adjudication by Plaintiffs and Cross‐Defendants Jian Jun He and LI Rong Liang. I. Statement of Facts. Plaintiffs Jian Jun He and Li Rong Liang (coll...

Excerpt: ...tive portion of the Complaint (on the General Negligence attachment) states in pertinent part that Plaintiff visited the Golden Bamboo restaurant in San Jose with her son on “November 2, 2018” (this is apparently a typo and the year should read 2017).1 “The chair on which she was sitting had [a] cushion on top of plywood, with metal legs. While dining, she leaned to the right side. Suddenly the cushion portion lifted up on the left side, wi...