Excerpt: ...ection of conversations they had with Defendants and their agents on specified dates. Defendants seek orders of the Court compelling plaintiffs to further respond to the interrogatories listed below. Plaintiffs provided identical responses to each of the disputed interrogatories, so their single response is reproduced at the end of the list of interrogatories. SPECIAL INERROGATORIES. SET ONE. TO PRAICHEE JAIN. NOS. 47‐61; INTERROGATORIES AND RE...

Excerpt: ...tors on site, Silicon Valley Sheetmetal (“SVS”). The Complaint alleges in pertinent part (on the general negligence attachment) that on September 18, 2017 “[w]hile on said construction site, Plaintiff stepped on some overlay which was not secured to the deck under construction nor was it aligned with the deck's perimeter. The overlay lacked sufficient strength to support a person and when Plaintiff stepped on it, he fell to the ground from ...

Excerpt: ...the First Amended Complaint (“FAC”) of Plaintiff Sarah Vaughan (“Plaintiff”), she alleges that while receiving care at the facility of Defendant Covia Communities dba Webster House (“Covia”), she was sexually assaulted by Defendant Jeremias Frago Rodriguez (“Rodriguez”}, at that time employed as a certified nursing assistant. Defendant Linda Hibbs (“Hibbs”) was executive director, and Defendant Ana Gatchalian (“Gatchalian”...

Excerpt: ... of the properties the parties own together. The Clara Property has now been sold by the Court Appointed Referee. Remaining for determination (in this case) are claims for attorney's fees and ouster damages. Defendant brings this motion claiming that Plaintiff and her counsel engaged in deliberate efforts to interfere with and disrupt Defendant's ability to take Plaintiff's deposition. Among other things, Defendant contends that, encouraged by he...

Excerpt: ...h 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 24 May 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion of Defendants Kachian Industries, Inc. for an Award of Reasonable Attorney's Fees. I. Statement of Facts. This complaint was filed on 15 July 2019. 21 Plaintiffs ow...

Excerpt: ...�CFRA”); (2) Age discrimination and retaliation in violation of the Fair Employment and Housing Act (“FEHA”); (3) Wrongful discharge in violation of public policy, and; (4) Failure to engage in the interactive process in violation of FEHA. Defendant demurred to all four causes of action in the FAC on the sole ground that each of them failed to state sufficient facts. (See August 26, 2020 Notice of Demurrer.) On December 3, 2020 the Court (H...

Excerpt: ... Patricia M. Lucas on May 25, 2021 at 9:00 a.m. in Department 2. The court now issues its tentative ruling as follows: According to the allegations of the complaint, in the spring of 2008, plaintiffs Lonny Oswalt, individually and as trustee of the Lonny Lee Oswalt Living Trust, and Patricia Oswalt (collectively, “Plaintiffs”) were in discussions to purchase a home and were told of an agreement that permitted the owners of the neighboring pro...

Excerpt: ...enning Marahrens (“Henning”) to serve as a full‐time caregiver for their elderly mother, Irene Marahrens (“Irene”).6 According to the allegations of the Complaint, on December 24, 2019, Plaintiff signed an employment agreement with Regina or Henning to care for their mother in her home in Campbell. (Complaint, ¶ 9.) Although Regina had originally claimed that her mother could use the toilet on her own, this was not the case, and Plaint...

Excerpt: ...t, in December 1972, various individuals conveyed 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 an Individual Joint Tenancy.3 (Complaint, ¶ 12, Exhibit B.) In February 1990, Sara and John, as joint tenants, conveyed their interest in the Property to themselves as community property through an interspousal transfer deed. (Complaint, ...

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 24 May 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐ooo0ooo‐‐‐ Demurrer to the First Amended Complaint by Defendant Fifth Third Bank, N.A. I. Statement of Facts. Plaintiffs Ryan Imwalle and Harmonee Imwalle (collectively, “Plaintiffs”) filed this complaint on 10...

Excerpt: .... 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 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐ooo0ooo‐‐‐ Order on Motion of Plaintiff for Summary Judgment or, in the Alternative, Summary Adjudication. I. Statement of Facts. Operative Complaint On or about 1 October 1999, plaintiff Fourfront Sales, Inc. (“F...

Excerpt: ... on or about 22 October 2018, Quantum breached the Employment Agreement when it terminated Britts before knowing all the facts, incorrectly claimed cause existed, failed to provide notice, and withheld the severance payment owed to Britts. (Complaint, ¶BC‐2.) As a proximate result of Quantum's breach, Britts has suffered monetary damages in excess of $370,000. (Complaint, ¶BC‐4.) On or about 12 January 2015, Britts and Quantum made a writte...

Excerpt: ...re as an attorney.” (Burnete v. La Casa Dana Apartments (2007) 148 Cal.App.4th 1262, 1267, internal citations omitted.) The original complaint in this action was filed on May 12, 2020. It stated claims for: 1) Breach of Contract, of a purported written settlement agreement attached to the Complaint as exhibit A (Complaint at ¶19); 2) Breach of Duty of Loyalty; 3) Breach of the Implied Covenant of Good Faith and Fair Dealing; 4) Bad Faith Denia...

Excerpt: ...the statutory time limit. Defendant eventually retained counsel who promised to respond to discovery and asked for additional time. Plaintiff granted additional time to respond on several occasions. Eventually Plaintiff filed the instant motion to compel. Plaintiff's Motion is GRANTED. Defendant is ordered to provide code compliant responses and responsive documents, without objections to Request for Production of Documents Set 1, within 20 days ...

Excerpt: ...ith interactive process; 4) Age Discrimination; 5) Retaliation in violation of FEHA, and; 6) Wrongful Constructive Termination in violation public policy. The Complaint alleges that Plaintiff began working for Defendant in 2008. In 2009 she became an Assistant Nurse Manager. Plaintiff alleges that after she developed thyroid cancer and fibromyalgia she notified Defendant in October 2017 and requested that Defendant reduce her work load from 40 ho...

Excerpt: ...ue is a written timeline and related notes (collectively “the document”) that were reviewed by plaintiff Geoffrey Weigand (“plaintiff”) before and during the sessions on January 21 and February 4. The document was prepared by plaintiff at plaintiff's attorney's request and was a timeline of events over several years and included information about plaintiff's claims in the lawsuit. Defendant points to specific deposition questions and answ...

Excerpt: ...nacted through Proposition 218—which prohibits local public agencies from imposing property‐related fees that exceed the cost of service. They allege that the Retail Water Providers use retail water rates to subsidize water service to the government and for general government services like public fire hydrants, and some Retail Water Providers violate Proposition 218 by providing below‐cost “SAWR” rates for agriculture/irrigation. Before...

Excerpt: ...sues its tentative ruling as follows: I. INTRODUCTION This is a putative consumer class action brought pursuant to the California Rosenthal Fair Debt Collection Practices Act (“RFDCPA”). Plaintiff Peggy Irene Leedeman (“Plaintiff”) seeks statutory damages against defendant Sunrise Credit Services, Inc. (“Defendant”) arising from its routine practice of sending initial written communications that fail to provide the “Consumer Collect...

Excerpt: ...f First Amended Complaint1 Defendants Tony Lam and Helen Lam (collectively, “the Lams”) were owners of property located at 1193 Sierra Madres Terrace in San Jose (“Subject Property”). (First Amended Complaint (“FAC”), ¶7.) On 8 June 2008, plaintiff Steven Howard Kuhn (“Kuhn”) and the Lams (through their agent) entered into a lease agreement for the Subject Property. (FAC, ¶11 and Exh. 1.) The lease agreement called for the secur...

Excerpt: ...ng it to collide with a traffic pole located at the intersection of Tisch Way, Winchester Boulevard and Interstate‐280 in San Jose, which was owned and maintained by the City. (SAC, ¶ 14.) The collision resulted in damage to the traffic pole in the amount of $19,567.53. (Id., ¶ 16.) Defendant was allegedly legally intoxicated when the collision occurred. (Id., ¶ 19.) B. Procedural The City initiated this action in May 2020 and filed the Firs...

Excerpt: ...laintiff's example and analyze the five motions together with separate findings where needed for each motion. BACKGROUND The instant action arises out of the sale of real property and the construction of a residence in the City of San Jose. Plaintiff's third amended complaint alleges causes of action for Deceit; Conspiracy; Aiding and Abetting Deceit, Intentional Interference with Economic Advantage, Negligent Interference with Economic Advantage...

Excerpt: ...sts and for exceeding the limit of allowed discovery. The Motion is jointly opposed by all Defendants. BACKGROUND The instant action arises out of the sale of real property and the construction of a residence in the City of San Jose. Plaintiff's third amended complaint alleges causes of action for Breach of Contract; Breach of Contract of The Implied Covenant of Good Faith and Fair Dealing against Defendant Taylor Morrison, Deceit; Conspiracy; Ai...

Excerpt: ...ton filed a memorandum of costs on February 18, claiming a total of $98,716.04 in costs. Before the Court is Dollinger's motion to tax all of the costs claimed by Preston, which Preston opposes. Through its opposition, Preston seeks to amend its costs to total $110,123.04 due to increased attorney fees. As explained below, the Court DENIES Dollinger's motion, along with Preston's improper request. I. DOLLINGER'S MOTION IS NOT UNTIMELY As an initi...

Excerpt: ...ie theater and that the moving escalator “jerked” while she was on it, causing her to fall and sustain injury. The original and still operative three‐page “Complaint for damages” filed on February 7, 2019 fails to comply with Rule of Court 2.1121 but states a single cause of action for premises liability against both Defendant Cinemark USA (owner of the movie theater) and Defendant Oakridge Mall (owner of the Mall itself). Paragraph 9 o...

Excerpt: ...es in violation of article XIII C of the California Constitution “to the extent [the City's General Fund Transfer] and/or market‐based rental charges were passed through to ratepayers.” The Court found that these improper pass‐throughs totaled approximately $12.6 million. Before the Court is Ms. Green's motion for attorney fees, costs, and a service award. The City opposes her motion not as to her entitlement to attorney fees, but as to t...