Excerpt: ... TENTATIVE RULING RE: SPECIAL MOTION TO STRIKE The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on July 28, 2021 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I. INTRODUCTION According to the allegations of the Complaint, filed on October 24, 2019, plaintiff Velocity Investments, LLC (“Velocit...

Excerpt: ... I. INTRODUCTION This is a putative class action. According to the allegations of the Second Amended Class Action Complaint for Damages and/or Declaratory Judgment and/or Injunctive Relief (“SAC”), filed on May 12, 2020, plaintiff Lowri McGill (“Plaintiff”) was a resident and tenant at a residential rental property known as Vine by Vintage. (SAC, ¶ 1.) Plaintiff alleges she lives in a street‐level apartment with her husband and two you...

Excerpt: ...tive ruling as follows: I. INTRODUCTION This is a representative action arising out of various alleged wage and hour violations. The First Amended Representative Complaint, filed on April 22, 2021, sets forth a single cause of action pursuant to the Private Attorneys General Act of 2004 (PAGA). Now before the court is a motion to quash by specially appearing defendant Jerry Huang (“Huang”). 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20...

Excerpt: ...y chips. ATKK argues that these chips began failing, causing their switches to fail, which in turn has caused ATKK to spend substantial amounts to repair and replace the switches and to deal with customer complaints. ATKK also argues that Micron made negligent misrepresentations about the chips, and also fraudulently concealed the scope of the chip problems to, in part, induce ATKK to continue buying Micron chips. ATKK seeks millions of dollars i...

Excerpt: ...d of Supervisors. (First Amended Complaint [“FAC”] at ¶ 10.) Plaintiff's immediate supervisor was Megan Doyle (“Doyle”). (Id. at ¶ 11.) In early 2018, Plaintiff informed Doyle that she was considering retiring after many years of service. (FAC at ¶ 13.) Doyle urged Plaintiff to delay her retirement until after one of the Board of Supervisors left office. (Ibid.) Plaintiff, albeit reluctantly, agreed to delay her retirement. (Ibid.) The...

Excerpt: ...y 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 July 2021. Please specify the issue to be contested when calling the Court and Counsel. Order on Motion of Defendants Rajaa Sonai and Maria Menjivar for Judgment on the Pleadings. I. Statement of Facts. A. The Complaint. Plaintiff Green Foods, LLC (“Green Foods”) owns and operates restaurants, delis, as well as whol...

Excerpt: ...st 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 21 July 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order On Motion of Plaintiff to Compel Defendants to Provide Further Responses to Interrogatories and Request for Production of Documents. I. Statement of Facts. This complaint was fil...

Excerpt: ...e an amended complaint was granted by the Court (Hon. Barrett) on January 4, 2021 in an order which explained in detail why the motion was granted to add another defendant, Hermitage Brewery Company (“HBC”) and the operative First Amended Complaint (“FAC”) was filed that same day. The FAC states four causes of action: (1) Hostile Work Environment Harassment in violation of the FEHA (Gov. Code §12940(j)); (2) Failure to Prevent Harassment...

Excerpt: ...f the towing of Plaintiff's vehicle from premises owned or controlled by Defendants. Plaintiff contends his vehicle was towed without proper authorization and in violation of law. Defendants deny the tow was unauthorized or unlawful. Plaintiff served Defendants with discovery directed at obtaining certain documents relating to the relationship between Defendants and the towing company that towed his vehicle (Rebello's) As is more fully stated bel...

Excerpt: ...wner of record for the real property located at 14341 Browns Lane, Los Gatos, California. On or about October 31, 2017, Defendant ZDE Holdings, Inc became the owner of record for the real property located at 14331 Browns Lane, Los Gatos, California. The Browns Lane properties were purchased with the funds from BST. BTS is an electronics and computer recycling company started by Plaintiffs Zack and Danny Kowitz in 2015. This dispute arises out of ...

Excerpt: ...posing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 21 July 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Orders on: 1. Motion of Plaintiff for Order to Quash Deposition Subpoenas, for Protective Order, Request to Enforce Agreement, and for Sanctions; 2. Motion of Defendant to Compel Further Responses to Request for Produ...

Excerpt: ... with members of his family and it was agreed that his eldest sibling, Sze, and his sister, Shirley, would be Plaintiff's attorneys‐ in‐fact and manage his personal and financial affairs due to his health issues. (Id.) Because of Shirley's proficiency in English, it was agreed that that she would manage a rental property (a duplex in Santa Clara) owned by Plaintiff (the “Property”). (Id.) It was further agreed that Shirley would become a ...

Excerpt: ...s”) and ABC Legal Services, Inc. (“ABC”) to serve legal process in the prior action upon Plaintiff, by delivering a copy of the summons and complaint to Plaintiff. (See complaint, ¶ 15.) On June 3, 2011, Solis and ABC composed a document titled Proof of Service of Summons in which they represented that they had served Plaintiff with a copy of the summons complaint and related documents and thereafter, Defendants filed the proof of service....

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: ...vent prejudicing her interest in the litigation. On July 7, 2021, defendants Stephen Lam and Eva Sung (“defendants”) filed opposition and on July 14, 2021, plaintiffs filed reply. Summary of contentions Plaintiffs assert that Ms. Sultan is age 74, and suffers from multiple debilitating illnesses that have deteriorated her physical health and brain function such that preference in trial setting is necessary. Plaintiffs assert that Ms. Sultan r...

Excerpt: ...According to the 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...

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 21 July 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Orders on Motions of Plaintiffs to Compel Defendants to Provide Further Responses to Special Interrogatories and to Request for Admissions and Form Interrogatories. I. Statement of Facts. The fact...

Excerpt: ...ion. According to the allegations of the operative FAC, Figuli, a licensed real estate broker, has been in business as an interior designer operating under the name and business entity Lilac & Level Interiors, LLC since 2016. (FAC, ¶ 6.) In July 2016, Figuli created a website for Lilac to help showcase her work and advertise her services and the website, as well as Figuli's presence on social media, serve as important marketing tools for her bus...

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: ...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: ... 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: ... 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: ...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...