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: ...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: ...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: ...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: ...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: 1. Motion of Plaintiff to Compel Defendant Hung Bui to Provide Further Discovery Responses (Line #16); and 2. Motion of Plainti...

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: ...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: ...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: ...y and Does 1 to 20 “negligently, carelessly and/or recklessly dropped a metal plate on Plaintiff's hand” at Amberwood Gardens. (Complaint, ¶ GN‐1.) Additionally, McEssy and Does 1 to 20 “negligently, carelessly and/or recklessly trained, supervised, managed and/or hired the employee who dropped the metal plate.” (Ibid.) McEssy and Does 1 to 20 allegedly owed Plaintiff a duty of care and their alleged conduct breached their duty of care...

Excerpt: ...��), among other things. According to the allegations of the operative FAC, Plaintiffs are the owners of a property located at 670 E. Duane Ave in Sunnyvale (the “Property”). (FAC, ¶ 11.) On October 9, 2018, Plaintiffs took out a loan with Milestone in the amount of $975,000 secured by a deed of trust on the Property. (Id., ¶ 12.) During the initiation of the process to obtain the loan, Plaintiffs requested a five‐year term but were infor...

Excerpt: ...s‐Complaint on December 18, 2019 against various companies including Plaintiff's employer Pine Building Maintenance. Plaintiff was injured at the premises leased by Pine Building Maintenance from Defendant. The narrative portion of the Complaint alleges that on March 28, 2018 Plaintiff “fell through the ceiling of the subject premises,” 761 Marbury Road, Ste. 65, San Jose, CA 95133. Plaintiff's employer, a janitorial business that rents spa...

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...

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 02 August 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion of Defendant to Compel Plaintiff to Produce Further Responses to Special Interrogatories, Request for Production of Documents, and for Monetary Sanctions. I. Statement of Facts...

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 02 August 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order Motion of Plaintiff to Disqualify Defense Counsel. I. Statement of Facts. This complaint was filed on 10 August 2020.17 The complaint generally involves claims under California securiti...

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: ...t Pendergrast (“Pendergrast”) entered into an oral agreement pursuant to which Pendergrast was to perform various construction work on the interior and exterior of Plaintiff's home and complete such work by March 15, 2015. Pendergrast agreed to complete all work with a valid license, which he expressly represented that he possessed, obtain all necessary permits, complete all work in accordance with local and state codes, and complete the work...

Excerpt: ...an 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 2 August 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Orders on: (1) Demurrer and Motion to Strike to the Third Amended Complaint by Defendant Stanford Health Care; and (2) Demurrer and Motion to Strike to the Third Amended Complaint by Defendant Gu...