Excerpt: ...ility for the accident at issue in this case. RFA number 1 asks about "fault"; RFA number 4 asks about whether defendant admits being "responsible"; RFA number 7 discusses whether defendant admits being "negligent"; and RFA number 10 asks whether defendant admits being "liable." To each of these RFA's, defendant responds: "Defendant admits that he had a duty and breached the duty. However, Defendant disputes causaton as to Plaintiff's injuries, a...

Excerpt: ..., 2022. The factual and procedural background of the action and the Court's analysis of the settlement and settlement class are set forth in that order. Before the Court is Plaintiff's motion for final approval of the settlement, attorney fees, costs, and incentive award. Plaintiff's motion is unopposed. As discussed below, the Court GRANTS final approval. l. LEGAL STANDARDS FOR SETTLEMENT APPROVAL A. Class Action Generally, "questions whether a ...

Excerpt: ...on in part and DENIES it in part. l. BACKGROUND Defendant is a construction contractor and employed Plaintiff as a non-exempt employee in May 2022 with responsibilities for machine maintenance, mechanical repairs, drilling and handling heavy machinery. (Complaint, 2.) Plaintiff alleges that Defendant failed to pay him and other employees minimum and overtime wages. (Complaint, 10-11.) He also claims that he and other employees did not receive mea...

Excerpt: ...ty opposing the tentatve ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 07 June May 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order On Defendant Bernardo De La O's Demurrer To Plaintiff James De La O's Complaint. l. Statement of Facts. Plaintiff James De La O ("Plaintiff") brings this acton against defendants Bernardo De La O, Matthew De La O, and...

Excerpt: ...rence Tuggle, Jr. ("Decedent"), a 66-year old African American man, was admitted to Santa Clara Valley Medical Center ("VMC"). (Complaint, 19.) Decedent was discharged in a wheelchair on December 6, 2021 at 2:55 pm and was found approximately an hour and thirty-five minutes later, alone and nonresponsive in the VMC lobby. (ld., 21-23.) Efforts to resuscitate Decedent, which were supervised by Dr. Sobrero, were unsuccessful and he was declared dea...

Excerpt: ...tive AC, Wilson was employed by SoundHound, a digital voice application company, from approximately November 29, 2011 until August 30, 2019. (AC, 11'112-13.) Wilson, who was initially hired as a Principal Engineer and later promoted to Architect, created a significant amount of the company's intellectual property and was an integral employee. (ld., '1 14.) Over the course of his seven-and-a-half year employment, in addition to a yearly base salar...

Excerpt: ...Atlas (the "Vehicle"). (Complaint, 15.) Defects and nonconformities manifested themselves within the applicable warranty period. (Complaint, 16.) Dardin-Box delivered the Vehicle to Cardinale for repair on numerous occasions, however, Cardinale failed to properly repair the Vehicle. (Complaint, 41-43.) Dardin-Box initiated this action on December 20, 2022, asserting: (1) violation of Song-Beverly Act- breach of express warranty; (2) violation of ...

Excerpt: ...017 Ford F-150 (the "Vehicle"), which was manufactured and/or distributed by Ford. (FAC, 9.) In connection with the purchase, Plaintiffs received various warranties, including a 3-year/36,OOO-mile express bumper to bumper warranty, a 5-year/60,OOO-mile powertrain warranty which covers the engine and the transmission, as well as various emissions warranties that exceed the time and mileage limitations of the bumper to bumper and powertrain warrant...

Excerpt: ...man's ("Ms. Hyman") pro hac vice application. For the reasons discussed below, Ms. Hyman's pro hac vice application is GRANTED and Plaintiff's motion for leave to file the FAC is GRANTED. l. FACTUAL A. Background According to the allegations of the Complaint, pursuant to its account documents, Defendant is allowed to charge a single $29 NSF fee or OD fee when a transaction is returned for insufficient funds or paid despite insufficient funds. (Co...

Excerpt: ...proval. l. BACKGROUND Maxar specializes in the manufacture of satellites and the provision of satellite-related services. (Second Amended Complaint ("SAC", '1 11.) Maxar's subsidiary Space Systems/Loral LLC ("SSL"), its related satellite communications business, and its satellite manufacturing and R&D operations, including the facilities and business segments central to the allegations here, are located in Palo Alto. (Ibid.) At the time of the Me...

Excerpt: ...ages, failed to provide accurate itemized wage statements, and committed other wage and hour violations. Now before the Court is Plaintiff's motion for preliminary approval of a settlement, which is unopposed. As discussed below, the Court GRANTS the motion, but requests that the parties make certain small changes to the notice and that they provide class members with a form for opting out of the settlement. BACKGROUND Plaintiff began employment ...

Excerpt: ... for preliminary approval of a settlement, which is Previously, the Court sent the parties a tentative ruling asking them to amend the release to conform with Amaro v. Anaheim Arena Management, LLC (2021) 69 Cal.App.5th 521 (Amaro) and make certain additional clarifications and correctons. Plaintiffs' counsel has provided two supplemental declarations and an u#ated settlement agreement, which dramatically changes the definition of the proposed cl...

Excerpt: ...vided to Defendants' insured. Plaintiff is a medical services provider. (SAC, 1.) Defendant California Natural Products ("CNP"), a food preparations' business, arranges for the provision of health care services to its enrollees and the payment or reimbursement of the cost of those services. (ld„ '13.) HCS, a third-party claims administrator, works in such a capacity for CNP pursuant to a contractual agreement. (ld., 2, 10; HCS's Separate Statem...

Excerpt: ...5, 2022, states six causes of action: (1) Breach of Contract; (2) Common Counts; (3) Account Stated; (4) Open Book Account; (5) Open Book Account, and; (6) Violation of Prompt Payment Statute (apparently referring to Business & Professions Code S 7108.5, though it is not identified in the body of the Complaint). Attached to the Complaint as exhibit A is a copy of a "Subcontract Agreement" between the parties, identifying Defendant as the "Contrac...

Excerpt: ...or by the court, of the existence of a matter of law or fact that is relevant to an issue in the action without requiring formal proof of the matter." (Poseidon Development, Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1105, 1117.) In support of the motion, Defendants request judicial notice of the following: (1) Plaintiff's complaint; (2) Defendants' answer; and (3) the request for dismissal entered with prejudice as to defendant Le...

Excerpt: ...) Intero and the Roaches subsequently entered into a Residential Listing Agreement. (ld. at '1 3.) Mr. Alderese observed that the Roaches drove to and from the Property via Reynolds Drive and Montgomery Roach told Mr. Alderese that the Property could be accessed on Carlson Drive. (See FAXC, 6-7.) Based on these representations, Mr. Alderese listed the Property as having access from Reynolds Drive and Carlson Drive. (ld. at '18.) On July 9, 2015, ...

Excerpt: ...e of achon for breach of contract on January 12, 2023. As noted in the court's prior order on demurrerl : Plaintiff is self- represented, which is sometmes referred to as appearing in propria persona. "[Wlhen a litigant is appearing in 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 attor...

Excerpt: ...d an Answer to the FAC on September 23, 2022, followed by the operative Amended Answer to the FAC on January 10, 2023. Currently before the court are two motions: Zhou's demurrer to the Amended Answer, filed on February 9, 2023, contending that assertons therein fail to provide sufficient facts to constitute a defense or that the defense is uncertain, and Zhou's motion to disqualify the attorney representing We Party, Shanshan Zou. Regarding the ...

Excerpt: ... tentative ruling must call Department 20 at 408.808.5856 and the opposing party no later than PM on 05 June May 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order On Defendant John Doe I's Demurrer To Plaintiff's Complaint. l. Statement of Facts. In approximately 1977, plaintiff Jane Doe D.L ("Plaintiff") was enrolled as a ninth grade student at Oak Grove High School 0#rated by defendant John Doe...

Excerpt: ...fendants"). The operative Complaint filed on January 17, 2023 alleges that Defendants recorded a judgment lien on April 3, 2019, which operates as a cloud on the title of Plaintiffs' residence. (Complaint, 26.) The judgment lien was the last in a series of abstracts of judgments entered in a case between Defendant Cintora and Plaintiff Clifford Stanley and his former company, Bad Boys Bail Bonds, Inc. (Complaint at '1 14.) The court first entered...

Excerpt: ...he tentative ruling must call Department 20 at 408.808.5856 and the opposing party no later than PM on 05 June May 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order On Defendant City Of Sunnyvale's Motion For Summary Judgment. l. Statement of Facts On or about 3 January 2021, plaintiff Lida Mikhaiel ("Plaintiff") was walking near the intersection of Reed Avenue and Evelyn Avenue in the City of Su...

Excerpt: ...FEHA; (2) Failure to Prevent Discriminaton and Harassment in violation of the FEHA (based solely on alleged failure to prevent discrimination, see 38), and; (3) Retaliation in violation of the FEHA. After Plaintiff brought a motion for leave to amend which was granted on February 28, 20224 the operative First Amended Complaint ("FAC") was filed on March 2, 2022 and states seven causes of action: (1) Race Discrimination in violation of the FEHA; (...

Excerpt: ...g lnc, Whispering LLC and Naren Chaganti. Regarding the demand for further production of documents, Travelers seeks further production relating to demands 1, 2, 3, 5, 7, 9, 10, and 11. Plaintiff responds that both motions are "too late." Regarding the motion to compel further Interrogatories, Plaintiff claims Defendant is attempting to "decide the entire case via a discovery motion," and asserts that Defendant is seeking "legal argument instead o...

Excerpt: ...n Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6855 and the opposing party no later than PM on 05 June May 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order On Motion of Defendants Huajun Xiong and Haishi Zhang To Strike Allegations From The Complaint. l. Statement of Facts. Defendants Xiaohui (Judy) Xie and Huajun Xiong (collectively, "Hosts") are members of d...

Excerpt: ...ffer of compromise under Ctxle of Civil Procedure section 998 (the "998 Offer") was invalid and the work of the experts was neither reasonable nor necessary. under the particular circumstances of this case, the Court finds Santa Clara's 998 Offer was reasonable and made in gtnd faith. The lien language did not invalidate the 998 Offer. The 998 Offer was served in December 2020 and expired in February 2021. Expert fees incurred after February 2021...

Excerpt: ...that he argues shows Valdez was employed by Western at the time of the incident. (Decl. of Jasleen Singh in Support of Plaintiff's Opposition to Defendant Western Digital Corporation's Motion for Leave of Court to Withdraw and Amend Admissions ("Singh Decl."), SS" 19-24.) Now, two and one-half years after the action was filed, and six months before trial, Western contends, without disclosing any evidence, that Valdez was not a Western employee bu...

Excerpt: ...of the signing of the loan agreement, Modesto Duran was in the hospital recovering from COVID; however, Zoe Hamilton, MF's representative, pressured Marisela to forge Modesto's signatures on the loan agreement. (See FAC, 35.) Defendants forced Plaintiffs to execute a promissory note— secured by a deed of trust to the home and Plaintiffs' commercial property at 373 South Twenty-Fourth Street in San Jose ("Commercial Property") for Plaintiffs' au...

Excerpt: ...his action arises out of an allegedly wrongful foreclosure of a residential property. According to the operative FAC, in August 2004 Turner purchased the property located at 315 Grandpark Circle in San Jose (the "Property"), which was secured by a Deed of Trust ("DOT") held by World Savings Bank. (FAC, 9-10.) The DOT is now held by both Shellpoint and Trinity; Trinity foreclosed on the Property by virtue of its position as second lienholder and s...

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 17 regarding May 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000-— Order On Demurrer Of Defendant Level Home, Inc. to Plaintiff's Second Amended Complaint. l. Statement of Facts. Plaintiff SmartRent Technologies, Inc. ("SmartRent") is a smart home automation solution ...

Excerpt: ...ection 17200 et. seq. Defendants answered the complaint on December 19, 2019. According to the Complaint, Mr. Bettelheim owns a condominium unit in the Pigeon Loft Condominium Project ("Property"). (Complaint, 93.) Defendant Lorenzo Rios was acting as the director on the board of the Pigeon Loft Condominium Association ("HOA") despite not being elected to that position. (Complaint, 94.) Defendant Norma Rios is his wife, also acted as a director o...

Excerpt: ... to live together until 2019. (FAC, 4.) Around December 2012, they got married. (FAC, 5.) In December 2014, they had a wedding reception and invited their friends and family to celebrate their union. (FAC, '16.) In June 2014, they moved into a house they picked and purchased together, located at 10791 Dougherty Avenue, Morgan Hill, California 95037 (the "Property"). (FAC, '1 7.) Dang's friends and family loaned her approximately $140,000, which s...

Excerpt: ... statements, and committed other wage and hour violations. Now before the Court is Plaintiffs' motion for preliminary approval of a settlement, which is unopposed. As discussed below, the Court is inclined to grant preliminary approval, but wants Plaintiffs to provide additional information regarding Plaintiff Aguilar's Age Discrimination in Employment Act claim and to make certain minor modifications to the class notice. BACKGROUND Plaintiff Agu...

Excerpt: ...name "Findora." In Case No. 20CV372622 ("Ab-ttan"), Temujin alleges that Defendants and Crosscomplainants Ariel Abittan, Benjamin Fisch, and Charles Lu conspired to: (a) assert a false claim of ownership of its business; (b) misappropriate its trade secrets; (c) usurp and interfere with control over its assets, such as social media accounts; and (d) interfere with its relationships with investors and business partners. Mr. Abittan, a former busin...

Excerpt: ...intiffs to defer collection of their billings, and Plaintiffs initially obliged; however, as their legal needs expanded, Plaintiffs began requiring progress payments as a condition of both continued representation and continued delay of legal action on the accrued balance. (See complaint, 16-17.) In addition to legal service invoices, Plaintiffs sent accountings to Defendants periodically. (See complaint, '1 18.) Defendants did not question the a...

Excerpt: ...d. He filed the operative Second Amended Complaint ("SAC") on March 1, 2021, after retaining counsel. The SAC states claims for: (1) Breach of Contract (the insurance policy, a copy of which is submitted as Exhibit A to the SAC); (2) Fraud and Deceit (based on a denial of coverage letter which is not attached to the SAC as an exhibit); (3) "Intentional/Negligent Misrepresentation" (two separate causes of action pled as one, also based on the deni...

Excerpt: ... and deposition dates for SoundHound's person most knowledgeable deposition. Plaintiff first asked SoundHound for dates in November 2021. Plaintiff followed up again on February 4, 2022 and June 24, 2022 and did not receive dates. On July 18, 2022, Plaintiff served a notce of deposition for August 17, 2022. On August 11, 2022, SoundHound served objections, stated it "will not be producing a witness on August 17, 2022" and provided no alternative ...

Excerpt: ...irst 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 17 regarding May 2023. Please specify the issue to be contested when calling the Court and Counsel. Orders on Motions Of Defendant Kylix Enterprises to Compel Plaintiffs to Provide Further Responses to Request for Production of Documents, Set One; Form Interrogatories, Set One; Special Interrogator...

Excerpt: ...hearing concerned Plaintiff's Motion to Compel Defendants' Further Responses to Form and Special Interrogatories, Requests for Production and Requests for Admission and for Sanctions and Defendants' Motion for Protectve Order. The Court issued its tentative ruling on February 10, 2023, denying sanctions and granting, in part, the motions to compel and for protective order. However, the substance of those rulings is not the subject of Defendants' ...

Excerpt: ...e two motions: (1) Mr. Hess's motion to dismiss the remaining claims against him pursuant to Code of Civil Procedure sections 583.210; and (2) iTy Labs Corp.'s and Jose Cong's (collectively, the "iTy Defendants") motion to strike Plaintiff's jury demand as to the nan-stayed causes of action and equitable defenses, or in the alternative bifurcating the equitable and legal issues for trial with the equitable issues to be tried first.2 As discussed ...

Excerpt: ...ion: (1) Failure to Pay Minimum Wages; (2) Failure to Pay Overtime Wages; (3) Failure to Provide Meal Periods; (4) Failure to Permit Rest Breaks; (5) Failure to Provide Accurate Itemized Wage Statements; (6) Failure to Pay Wages Timely During Employment; (7) Failure to Pay Wages Due upon Separation of Employment; and (8) Violation of Business and Professions Code SS 17200, et seq. On July 11, 2022, Plaintiff filed a First Amended Class Acton Comp...

Excerpt: ...he operative Second Amended Complaint ("SAC"), filed on January 27, 2022, sets forth the following causes of action: (1) Failure to Pay Minimum Wages; (2) Failure to Pay Overtime Wages; (3) Failure to Provide Meal Periods; (4) Failure to Permit Rest Breaks; (5) Failure to Provide Accurate Itemized Wage Statements; (6) Failure to Pay All Wages Due upon Separation of Employment; (7) Violation of Business and Professions Code SS 17200, et seq.; and ...

Excerpt: ... (1) Breach of Contract; (2) Fraud; (3) Fraud in the Inducement; (4) Negligent Misrepresentation; (5) Violation of Unfair Business Practices Act; (6) Escrow Negligence; (7) Negligent Supervision; (8) Breach of Fiduciary Duty; (9) Breach of Written Contract; (10) Violation of Uniform Fraudulent Transfers Act; and (11) Aiding and Abetting in the Commission of a Tort. On December 17, 2018, the court granted defendant Chicago Title Company's ("Chicag...

Excerpt: ... RealPage as a "System Administrator" from September 2017 until his termination on September 30, 2019. The complaint alleges that Hix was misclassified by his employers as an exempt employee and paid a fixed salary even though Hix was primarily engaged in performing nonexempt duties. (Complaint, "1 15-15.) Hix allegedly worked a substantial amount of overtime but was never paid overtime wages and did not qualify for exemption from overtme law. (l...

Excerpt: ... and that Roth Financial would see a 50% return within the first year. (ld. at '1 11.) Liddle subsequently disappeared with Roth Financial's money, in breach of their alleged fiduciary relationship, leaving Roth Financial unable to locate Liddle until a year ago. (Complaint, '1 8.) Roth Financial alleges that the induced investment was a security and that Liddle's actions constitute securities fraud, entitling Roth Financial to treble damages and...

Excerpt: ...irst 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 25 May 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Orders On: (1) Demurrer and Motion to Strike to the Second Amended Cross-complaint (2) by Cross-Defendant Aegis Security Insurance Company; (3) Demurrer to the Second Amended Cross-complaint; and b...

Excerpt: ...ract with Sinaga, in which Defendants agreed to remodel the property located at 1277 Camino Ramon, San Jose, California 95125 (the "Property"), provide all the labor and materials, and complete the remodel in a good and workmanlike fashion. (Complaint, '1 13.) The contract price was for $351, 057.00. (ld.) Sinaga alleges she performed her obligations under the contract whereas Defendants breached the contract by performing negligent construction,...

Excerpt: ...ot allege the specific location where Hsieh was injured. It asserts the general negligence claim against defendants 852-850 Villa Street LLC, Frederick Chen, Mark Chen, Don Baker, Douglas Watson (collectively, the "Villa Street Defendants") and various Does. The narratve on the "General Negligence" attachment states, somewhat generically, that "Defendants ... so negligently owned, occupied, managed, maintained or controlled certain real property,...

Excerpt: ...ective and was negligently repaired. Plaintiffs allege four causes of action under the Song-Beverly Consumer Warranty Act against FCA, the manufacturer of the car. Plaintiffs allege a single cause of action for negligent repair against Mathew Enterprise, an authorized repair facility. The sales contract for the car includes an arbitration agreement between the Plaintiffs and the dealer, the only signatories to the agreement. The arbitration agree...

Excerpt: ...ral defect, as Defendant was able to fully reply and has not prejudiced. Plaintiffs are reminded to comply with all rules of court going forward. Defendant next opposes the moton claiming that Plaintiffs have failed to meet their burden under S 3295(c). This provision states: No pretrial discovery by the plaintiff shall be with respect to the [financial condition of the defendant] unless the court enters an order permitting such discovery pursuan...

Excerpt: ... On December 29, 2022, Plaintiff filed its Proof of Service of Summons ("Proof of Service"). The initial proof of service filed with the Court reflects substituted service having been effectuated at 1746 Comstock Lane, San Jose, California ("Comstock Residence") on December 28, 2022 at 11:08 AM by registered process service Tasia Stone ("Ms. Stone"). (See Plaintiff's Proof of Service, p. 1, "1 4, 5(b).) Ms. Stone delivered the documents to Maria ...

Excerpt: ...ose. 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 26 May 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motions for Summary Judgment, or in the Alternative, Summary Adjudication to the Second Amended Complaint by Defendants County of Santa Clara and Inessa Christy. l. Statement of Facts. Plaintiffs Laura Aton...

Excerpt: ... the court finds that at least some of the requested deposition testimony is relevant to the summary judgment motion and that there would be no material prejudice to continuing the moton hearing date by 30 days. The court therefore GRANTS IN PART the motion to compel and GRANTS the motion for a 30-day continuance of the summary judgment hearing. II. BACKGROUND Newman became a resident of Manor Care, a skilled nursing and rehabilitation facility, ...

Excerpt: ...Any party opposing the tentatve ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 24 May 2023. Please specify the issue to be contested when calling the Court and Counsel. Order On Defendant City Of Gilroy's Demurrer To Plaintiffs' Complaint. l. Statement of Facts. On 29 October 2021, Jesse Sanchez, Jr. ("Decedent") was shot at defendant Rebecca Armendariz's ("Councilwoman Armendariz") home located at ...

Excerpt: ...ading northbound on Interstate 280 in Cupertino, California. (Complaint, '1 12.) The car in which Cao was riding was struck twice by a car operated by defendant Dante Martinez Escamilla, who was reported to be driving under the influence. (Ibid.) upon the second collision, the car containing Cao ran off the road and hit a tree. (ld., at "1 12, 39.) Among other things, the complaint alleges that if adequate safety measures had been placed on the f...

Excerpt: ...name "Findora." In Case No. 20CV372622 ("Ab-ttan"), Temujin alleges that Defendants and Crosscomplainants Ariel Abittan, Benjamin Fisch, and Charles Lu conspired to: (a) assert a false claim of ownership of its business; (b) misappropriate its trade secrets; (c) usurp and interfere with control over its assets, such as social media accounts; and (d) interfere with its relationships with investors and business partners. Mr. Abittan, a former busin...

Excerpt: ... statements, and committed other wage and hour violations. Now before the Court is Plaintiffs' motion for preliminary approval of a settlement, which is unopposed. As discussed below, the Court is inclined to grant preliminary approval, but wants Plaintiffs to provide additional information regarding Plaintiff Aguilar's Age Discrimination in Employment Act claim and to make certain minor modifications to the class notice. BACKGROUND Plaintiff Agu...

Excerpt: ...siness as Cahalan Villa since (ld. at 14.) Defendant Vivielyn Juanillo ("Juanillo") has been doing business as Cahalan Villa since 2017. (Ibid.) Defendants Harry Presno ("Harry") and Grace Presno ("Grace") (collectively, "Moving Defendants") are owners of the Cahalan Villa facility and manage the day-to-day activites of maintaining the property.2 (ld. at 15.) Defendants employed plaintiffs Danilo Calica, Virginia Calica, and Antonina Ojano (colle...

Excerpt: ...osing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 24 May 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order On Defendants Elena Kozlova, Rosalie Toren And Chris Grzeszczak's Mohon For Summary Judgment Or, In The Alternative, Summary Adjudication. l. Statement of Facts. Defendant Rosalie Toren ("Toren"), a licensed psychologist, found...

Excerpt: ...eding safely and carefully. (See complaint, Prem.L-1.) While crossing the crosswalk, Decedent was struck by defendant Lorelay Robles-Partida ("Robles-Partda"), who did not see and was otherwise unaware of Decedent's presence in the crosswalk due to the dangerous condition of the roadway, surrounding property, crosswalk, intersection and signals/signs at the intersection and crosswalk. (ld.) On March 8, 2019, plaintiffs Alok Jain, Neha Jain, Gori ...

Excerpt: ...in August 2016 where the case was delayed for a period of one year. Based on the Complaint and attachments embedded therein, the case appears to arise out of an incident that took place while Rostram was an Uber driver in San Francisco on August 13, 2016. On June 13, 2019, the Court granted Uber's petition to compel arbitration. On December 17, 2021, the Court denied Uber's motion to dismiss ostensibly on the grounds that the issue of whether the...

Excerpt: ...e two motions: (1) Mr. Hess's motion to dismiss the remaining claims against him pursuant to Code of Civil Procedure sections 583.210; and (2) iTy Labs Corp.'s and Jose Cong's (collectively, the "iTy Defendants") motion to strike Plaintiff's jury demand as to the nan-stayed causes of action and equitable defenses, or in the alternative bifurcating the equitable and legal issues for trial with the equitable issues to be tried first.2 As discussed ...

Excerpt: ..., Ma filed a cross-complaint against Malek for breach of contract, fraud, embezzlement, breach of fiduciary duty, account stated and breach of duty of good faith and fair dealing. Malek alleges he formed iTronix, a Silicon Valley based company specializing in in the contract manufacture of printed circuit boards used in electronic devices and their components. In January 2017, Malek agreed to transfer 15% of iTronix shares to Ma, such that from t...

Excerpt: ...osing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 24 May 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Motion of Plaintiff to Set Aside/vacate Dismissal and Enforce Settlement Agreement. l. Statement of Facts. This matter arises out of a property damage subrogation claim, due to an automobile accident that occurred on or about 6/01/20...

Excerpt: ...se. 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 24 May 2023. Please specify the issue to be contested when calling the Court and Counsel. motnOocK)m Order On Plaintiff Holt Pacific Associates' Motion To Strike Defendants Subway Real Estate, LLC and DKNtor's Assoc:iates, Inc.'s Answers To The First Amended Complaint. l. Statement of Facts. Plaintiff Holt-Pacific ("...

Excerpt: ...uld exercise its discretion to transfer this case to Stanislaus County for the convenience of witnesses and the ends of justice, under Code of Civil Procedure section 397, subdivision (c). The court concludes that Santa Clara County is a proper venue under Code of Civil Procedure section 395.5, and that any motion under secton 397 is premature, given that no defendant has answered the complaint. Accordingly, the motion is denied. II. BACKGROUND O...

Excerpt: ...n violation of the Fair Employment and Housing Act (FEHA); (2) Age Discrimination in violation of the FEHA; (3) Disabil-ty Discriminaton in violation of the FEHA; (4) Failure to Accommodate Disability in violation of the FEHA; (5) Harassment in violation of the FEHA; (6) Failure to Prevent Harassment in violation of the FEHA; and (7) Retaliation in violation of the FEHA. The fifth cause of action for harassment is alleged against all defendants. ...

Excerpt: ...ty opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 24 May 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motion of Defendant Robert Brower, Jr. to Dismiss, etc. l. Statement of Facts. Plaintiff filed this complaint on 20 May 2022. 28 In or about December 2014, Campeau Goodsell Smith, L.C. ("CGS") was retained to represent...

Excerpt: ...forth a single cause of action for Civil Penalties (Lab. Code SS 2698, et seq.). The parties have reached a settlement of the PAGA claim. Plaintiff Tuan Hoang ("Plaintiff") now mcwes for approval of the settlement. The moton is unopposed. VII. LEGAL STANDARD under PAGA, an aggrieved employee may bring a civil achon personally and on behalf of other current or former employees to recover civil penalties for Labor Code violations. Oskanian v. CLS T...

Excerpt: ...ntano"); (2) Attaway v. Alliance Residential, LLC, Case No. 20CV365134, Santa Clara County Superior Court ("Attaway"); Montano included a single cause of action for civil penalties under the Private Attorneys General Act ("PAGA"). The PAGA claim was based on allegedly deficient wage statements. Attaway set forth the following causes of action: (1) Failure to Pay All Overtime Wages; (2) Rest Period Violations; (3) Failure to Indemnify All Necessar...

Excerpt: ...Eaglin" (collectively, "Plaintiffs") on August 18, 2022, sets forth causes of achon for: (1) Failure to Provide Required Meal Periods; (2) Failure to Provide Required Rest Periods; (3) Failure to Pay Overtime Wages; (4) Failure to Pay Minimum Wages; (5) Failure to Pay All Wages Due to Discharged and Quitting Employees; (5) Failure to Maintain Required Records; (7) Failure to Furnish Accurate Itemized Wage Statements; (8) Failure to Indemnify Empl...

Excerpt: ...gainst Defendant, Daniel Rodas v. The Goodyear Tire & Rubber Co. (Los Angeles Superior Court, Case No. 21STCV28702) (the "Rodas Action"). Defendant removed the action to federal court, resulting in Daniel Rodas v. The Goodyear Tire & Rubber Co. (United States District Court, Central District of California, Case No. 2:21-CV-07526-VAP). The Rodas Action involves the following causes of action: (1) violation of Labor Code SS 510, 588, and 1194; (2) ...

Excerpt: ...n connection with defendant Cloudera, Inc.'s ("Cloudera") acquisition of and merger with Hortonworks, Inc. ("Hortonworks"). According to the allegations of the operative Consolidated Class Action Complaint ("Complaint"), filed on August 5, 2019, Cloudera is a Delaware corporation with its principal executive offices located in Palo Alto, and is purportedly an enterprise data cloud company. (Complaint, '1 15.) Intel Corporation ("Intel") is a semi...

Excerpt: ...gment of $1. The Parties' fee agreement for the federal action included the following provision: "In any legal action or proceeding other than the fee arbitration, mentioned above, the prevailing party shall be awarded reasonable attorneys' fees and costs, incurred in such a proceeding." (Declaration of Hugo Torbet in Support of Mohon for Award of Attorney Fees ("Torbet Decl. 1"), Ex. A.) Law Firms sought and were awarded attorney fees by the dis...

Excerpt: ...first set of requests for production of documents" as to the same defendant. The court finds that the earlier "first set" that is the subject of the current motion was superseded by the subsequent "first set" that the court addressed on April 4. Accordingly, this motion is denied as moot. Plaintiffs Whispering Oaks Residential Care Facility LLC, Whispering Oaks RCF Management Co. Inc., and Naren Chaganti ("Plaintiffs") originally served a "First ...

Excerpt: ...d because the amendments fail to state a viable cause of action. Finally, they argue that they will be prejudiced if Plaintiffs are allowed to amend. Legal Standard A court may allow, in its discretion "upon any terms as may be just, an amendment to any pleading." CCP S 473(a)(1). The California Supreme Court has long stated that the rule in California is one of "liberal allowance of amendments" to pleadings. Nestle v. Santa Monica (1972) 6 Cal.3...

Excerpt: ...nsolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay. These cases both arise out of a landlord tenant dispute. Urvashi Bhagat subleased a portion of property from Hong Guo. Min Zhu owns the property Mr. Guo subleased to Ms. Bhagat. The sublease was in violation of Mr. Guo's lease terms, and he was evicted along with his sub-lessors. In the small claims action, Mr. Guo is suing Ms. B...

Excerpt: ...sing the tentative ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 22 May 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Mohon for Summary Judgment, or in the Alternative, Summary Adjudication to the Second Amended Complaint by Defendants Simple Rules Company, dba Harmony, Chun To Tse, Rongjian Lan, Hao Chen, and Sahil Dewan. l. Statement of Fa...

Excerpt: ...ok some of his personal property, including an audio recording containing information Plaintiff claims is necessary for another lawsuit. By this motion, Plaintiff seeks an order compelling Defendant to further respond to two form interrogatories: 12.1 State the name ADDRESS, and telephone number of each individual: (a) who witnessed the INCIDENT or the events occurring immediately before the INCIDENT; (b) who made any statement at the scene of th...

Excerpt: ...ntity plaintiffs (collectively, "Plaintiff Companies"). (See complaint, "1 4-8.) Plaintiff Lam Hauling, Inc. ("Lam Hauling") is a junk hauling company. (ld., at '1 4.) Plaintiff Lam Supply, LLC ("Lam Supply") is a fence and steel supply company. (ld., at '15.) The remaining three plaintiffs are all real estate investment companies: Hung Nga Enterprise, LLC ("Hung Nga Enterprise"); Lam Group International, LLC ("Lam Group International"); and Sent...

Excerpt: ...ies have resolved the underlying motion to compel, the parties persist in their request for sanctons. Plaintiffs request sanctons for Defendants' misuse of the discovery process under CCP S 2023.030, among other statutes. Misuse of the discovery process includes "[mlaking, without substantial justification, an unmeritorious objections to discovery," "making an evasive response to discovery," and "opposing, unsuccessfully and without substantial j...

Excerpt: ...ENIED. At the outset, it is important to note that Ren does not claim a current or former attorney-client relationship with Zou. Normally, a party must have had an attorney-client relationship with an opposing attorney in order to have standing to bring a moton to disqualify. (See Jarvis v. Jarvis (2019) 33 Cal.App.5th 113, 131-133.) A non-client may still move for disqualification of opposing counsel in certain limited circumstances. In this cas...

Excerpt: ...agreement to sell the stock of Allied Aire Service, Inc. to defendant RH BAS, lnc„ whose president was defendant John Akhoian (collectively, "Defendants"). (ld., at 7.) Defendants materially breached the agreement. (ld., at "1 21, 23.) On October 11, 2022, Plaintiff filed the operative complaint in this case alleging causes of action for: (1) breach of contract; (2) specific performance; (3) declaratory relief; (4) failure to pay wages in viola...

Excerpt: ... On June 16, 2021, Duarte filed a cross-claim against Perez seeking damages of $15,000, purportedly arising out of the same real estate transacton. At the time Duarte filed her cross-complaint, Perez was represented by attorney Timothy A. Pupach. Perez is now represented by different counsel. Mr. Pupach swears that, despite the proof of service indicating service of the cross-complaint by mail, Mr. Pupach never received the crosscomplaint and kne...

Excerpt: ...ix Creamery in San Jose, where her job duties and responsibilities included making ice cream with and cleaning the LB502 DGT, a batch freezer manufactured by Ali Holding S.r.l. and its wholly owned subsidiaries, defendants Carpigiani North America ("Carpigiani") and Ali Group North America ("Ali Group") and distributed by JTB. (FAC, "15-7, 17.) Plaintiff alleges she suffered serious injuries to her left hand as the result of defects in the freeze...

Excerpt: ...ners of property located at 2140 High Street in Palo Alto ("the Property"). In November 2021, Plaintiffs contracted with Defendants Compass California II, Inc., Carol Carnevale, Nicole Aron, James Steele and Zachar Trailer to sell the Property, which had been their long time home. (Complaint, "1-2.) Plaintiffs allege Defendants told them the Property was worth $3.5 million and that Plaintiffs would receive at least that price for the Property if ...

Excerpt: ...y is where Mummah resided at the time of commencement of the acton. On April 22, 2022, Li filed the operative first amended complaint for declaratory relief ("FAC"). On September 2, 2022 Mummah filed: 1. Answer to the FAC; and 2. Cross-complaint for Violation of Federal and California Fair Debt Collection Practices Acts ("FDCPA") ("cross-complaint"). The cross-complaint names Li's attorney, Scott A. Flaxman, as cross-defendant. On March 5, 2023, ...

Excerpt: ...ction against the City of Gilroy, the County of Santa Clara, Santa Clara Transportation Authority (collectively, "Roadway Defendants"), Brian Omar Sanchez Ayala ("Ayala"), and Does 1 through 100 (collectively, "Defendants"). According to the FAC, on or around January 9, 2022, Decedent was a lawful pedestrian walking home on or near Monterey Road in Santa Clara County, California after being transported and dropped off at the bus stop on Monterey ...

Excerpt: ...pired on January 31, 2023. (Comp'. at '16.) It further alleges that the expired tenancy was exempt from the Tenant Protecton Act of 2019 under two provisions: (1) Civil Code section 1946.2, subdivision (a) (stating in pertinent part that the Act only applies "after a tenant has continuously and lawfully occupied a residential real property for 12 months"), and (2) Civil Code section 1946.2, subdivision (e)(4) (stating that the Act does not apply ...

Excerpt: ...ntiffs filed a class action in the U.S. District Court for the Northern District (the "Federal Action") on behalf of themselves and other similarly situated former employees who worked for Alta for failing to comply with the federal Worker Adjustment Retraining Notification Act ("WARN Act") (29 U.S.C. S 2101, et seq.) and the state equivalent (Labor Code S 1400, et seq.). (Complaint, 1.) Class certification was granted in the Federal Action in Ma...

Excerpt: ...ssed below, the Court is GRANTS Plaintiff's motion. l. BACKGROUND As alleged in the operative complaint, Defendant is a manufacturer of medical imaging machines, chiefly mammography machines, and provides maintenance and repair services related to its machines throughout the U.S.A. and California. (Second Amended PAGA Representative Action Complaint ("SAC"), '1 11.) Plaintiff was a non-exempt employee at Defendant's Santa Clara location, and bega...

Excerpt: ...ther Marson Blair Hull, Jr. transferred the Property to Jeffrey and Jeffrey's younger sister, Courtney Hulll "not as joint tenants, but as tenants in common." (Complaint, Ex. 3; Plaintiff's Separately Bound Exhibits ("PS8E", Ex. A.) The Grant Deed from Blair to his two children was recorded. Jeffrey and Courtney formed Montevina Road LLC (the "LLC") on November 19, 2018. (PSBE, Ex. C.) Jeffrey's and Courtney's signatures appear on the LLC agreeme...

Excerpt: ...nal and still-operative form complaint on December 3, 2019, and it states two causes of action: (1) General Negligence, and (2) Premises Liability. There are no exhibits attached to the complaint. The complaint refers collectively to the "Defendants" and does not make any distinction between DL Bar and La Senda. The only narrative portions of the complaint are attachments for General Negligence and Premises Liability. The first of these (the Gene...

Excerpt: ...n the complaint is barred because the purpose ofthe lease was "deemed illegal by the City of San Jose." • In '1 10, changing Anatomage's admission that it "terminated its Lease due [tol the Landlord's improper and unlawful conduct" to an admission that it "vacated Suite 100 of the subject Premises after being served with Plaintiff's Notice to Cure or Quit dated September 19, 2019, and thereafter vacated Suites 650 and 700 .. . due [tol the Land...

Excerpt: ...ined to grant preliminary approval, but first, Plaintiff must provide a full valuation of all the claims alleged in the complaint, and the parties must meet and confer about amending the release to make it clear that it is limited to claims based on the facts at issue here. Plaintiff must also provide an update on whether there has been any discussion of the settlement with plaintiff's counsel in two related actions #nding in this Department. l. ...

Excerpt: ...his interest in 360 IT Professionals, Inc. ("360") and US IT Solutions, Inc. ("UIS") (collectively, "the Companies") for $5 million to be paid as $800,000 in cash paid at closing, $150,000 to be paid at closing from the Companies' cash on hand, $2,200,000 in the form of a promissory note ("Note") and $2,850,000 from the accounts receivable of the Companies with $650,000 of the unbilled accounts receivables and $2,200,000 from the billed accounts ...

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 17 regarding May 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Orders on Discovery Motions of Plaintiff And Requests for Monetary Sanctions. l. Statement of Facts. Plaintiff Mary Anderson was employed by defendants at their San Jose location for about 2 years. She a...

Excerpt: ...laint, 91.) Plaintiffs brought this action for negligence/wrongful death, strict liability, negligence (post sale), and survival against Tesla, Inc. on March 12, 2021. Plaintiffs claim their parents were traveling in a 2019 Tesla Model 3 on August 12, 2020 at approximately 11:20 a.m. on highway 85 in the northbound direction, that David Brown was using Tesla's Autopilot features, and the car automatically accelerated without David Brown's knowled...

Excerpt: ...sco Henriquez and Prudential Overall Supply (collectively, "Defendants"). According to the Second Amended Complaint ("SAC") and Plaintiffs' discovery responses, on June 30, 2020 Plaintiff was hit by a truck at or near 5601 Great Oaks Parkway in San Jose California while walking to work. (SAC, MV-I; Declaration of Laurie J. Elza ("Elza Decl."), 93.) It appears Defendant Francisco Henriquez was driving the truck in the course and scope of his emplo...

Excerpt: ...cebook's offering of "Business Tools" to partners like third-party Home Box Offce Inc. ("HBO") and its associated tracking of user's activities online. Before the Court is Plaintiff McDaniel's motion to compel Meta to: (1) produce all documents responsive to RFPs Nos. 1-7, 9-13, 18, 21-23 within 30 days; (2) respond fully to Plaintiffs' Interrogatory Nos. 1, 2, 6, 7, and 9; (3) make the entire FACEBOOK SOURCE CODE available for inspection. It is ...

Excerpt: ...o Provide Meal Periods of Pay Meal Period Premiums (Labor Code SS 204, 223, 226.7, 512 and 1198); (2) Failure to Authorize and Permit Rest Breaks or Pay Rest Break Premiums (Labor Code SS 204, 223, and 226.7); (3) Failure to Pay Overtime Wages (Violation of California Wage Order and Labor Code SS 204, 223, 510, 1194, 1197 and 1198); (4) Failure to Provide Accurate Itemized Wage Statements (Labor Code S 225); (5) For Waiting Time Penalties (Labor ...