Excerpt: ...and; 3) Violation of the Uniform Fraudulent Transfer Act (“UFTA,” Civ. Code §3409.01 et seq.) against Defendants Autonomous Fusion, Inc. (“Fusion”) and Mike McQuary (“McQuary”). The Complaint (at ¶¶38‐39) alleges that Fusion is the alter ego of McQuary. A copy of the Settlement Agreement (“Agreement”) is attached to the Complaint as exhibit B. The opening paragraph states in pertinent part that “Michael McQuary joins in thi...

Excerpt: ...lting and engineering services provided by SunMan to Plaintiff in connection with the design and prototyping of a product called the safe tire gauge. According to the allegations of the complaint (“Complaint”), in 2017 SunMan and Plaintiff entered into a written agreement (the “Agreement”) in which SunMan agreed to produce ten working prototypes for Plaintiff's product, the “Safe Tire Gauge,” within 8 to 10 weeks. (Complaint, ¶ 8.) P...

Excerpt: ...ies, set one, requests for admissions, form interrogatories‐ general, form interrogatories – employment law, and requests for production of documents (collectively “discovery”). Elias' responses to discovery were due June 8, 2020. On June 23, 2020, plaintiff emailed Elias about the status of responses since none had been received. On June 30, 2020, Elias responded that he was unaware that responses were due. Elias states that staff failed...

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 10 March 2021. Please specify the issue to be contested when calling the Court and Counsel. Demurrer and Motion to Strike to the Second Amended Complaint by Defendant Gundeep Dhillon, M.D. I. Statement of Facts. Plaintiffs Harriet Tom (“Harriet”), individually and on behalf of the Estate of Darrell Tom (“D...

Excerpt: ...ember 11, 2019, Defendant filed a demurrer to the complaint on the ground of failure to state facts sufficient to constitute a cause of action. (Code Civ. Proc., § 430.10, subd. (e).) On February 13, 2020, the demurrer was sustained with 20 days' leave to amend. Plaintiff subsequently filed a first amended complaint (“FAC”) alleging the same causes of action as the complaint on March 3, 2020. Defendant again demurred and on August 25, 2020, ...

Excerpt: ...sing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 10 March 2021. Please specify the issue to be contested when calling the Court and Counsel. Order On Motion of Plaintiff to Deem Requests for Admissions to be Admitted. I. Statement of Facts. Plaintiff filed this complaint on 9 January 2020. 4 Plaintiff is a National Banking Association organized and existing under and by virtue of th...

Excerpt: ... 2021 at 1:30 p.m. in Department 3. The court now issues 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 Frederick Michele Brady (“Plaintiff”) seeks statutory damages against defendant Patenaude & Felix (“Defendant”) arising from its routine practice of sending initial written communications t...

Excerpt: ...le Patricia M. Lucas on March 10, 2021 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a representative action setting forth a single cause of action pursuant to the Private Attorneys General Act of 2004 (“PAGA”) for alleged wage and hour violations. The parties have reached a settlement. As part of the settlement, plaintiff Robert Taitt and Joel Mitchell seek to file a First Amended...

Excerpt: ...N This case is brought pursuant to the Private Attorneys General Act of 2004 (“PAGA”). Plaintiffs Aaron Salian and Ariya Hajiheidari (collectively, “Plaintiffs”) allege defendant TMobile USA, Inc. (“Defendant”) does not provide an adequate number of suitable seats in reasonable proximity to aggrieved employees' work areas. (First Amended Complaint, ¶ 11.) The parties have reached a settlement. Plaintiffs move for court approval of th...

Excerpt: ...cording to the allegations of the Third Amended Complaint (“TAC”), filed on November 9, 2020, plaintiff Brady Esch (“Esch”) (no longer a party to this action) is trained as a mechanical engineer and a materials scientist and engineer. (TAC, ¶ 20.) Esch was hired on August 2, 2004, to work for VNUS Medical Technologies (“VNUS”) at its San Jose, California facility. (Id. at ¶ 21.) On May 8, 2009, VNUS was acquired by defendants Covidi...

Excerpt: ...so related to even earlier lawsuits in which Plaintiff served as counsel for parties in litigation with Hawari who was represented by Hannon. Plaintiff's original complaint in this action, still the operative pleading, states a single cause of action for “wrongful use of civil proceedings,” essentially a claim for malicious prosecution in the civil context. (See 5 Witkin, Summary of Cal. Law, Torts §571, [“Although the tort is usually call...

Excerpt: ...February 27, 2020, adding additional plaintiffs and a third cause of action for Wrongful Death. Pursuant to a stipulation and order of the Court (Hon. Barrett) issued on June 30, 2020 a Second Amended Complaint was filed on July 6, 2020 adding the City of Gilroy (“City”) as a defendant and adding a fourth cause of action for Dangerous Condition of Public Property. Pursuant to another stipulation and order of the Court (Hon. Barrett) issued on...

Excerpt: ...rty opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 8 March 2021. Please specify the issue to be contested when calling the Court and Counsel. Order on Defendant Zeta Global Corporation's Motion for Judgment on the Pleadings. I. Statement of Facts. In August 2012, plaintiff PubMatic, Inc. (“PubMatic”) and defendant Netmining LLC (“Netmining”) entered into an agreement f...

Excerpt: ...Defendant is allegedly a sole proprietor doing business as Ryan Peacock Construction. According to the allegations of the operative First Amended Complaint (“FAC”), prior to the commencement of the instant action, NCCS's assignor, the State Compensation Insurance Fund (“SCIF”) assigned its interest in a debt accrued on an open book account for insurance premiums for the period of March 1, 2014 to January 26, 2016 for Policy No. 906334 in ...

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 08 March 2021. Please specify the issue to be contested when calling the Court and Counsel. Order on Motion of Thanh Van Thi Nguyen to Dismiss for Failure to Serve Ngoc Quang Doan. I. Statement of Facts. Plaintiff filed the complaint on 22 March 2018.10 As best as this Court can tell from reading the moving papers...

Excerpt: ..., 2015, Plaintiff was a passenger in a vehicle being driven by Aldo Alvarez (“Alvarez”) southbound on Capitol Avenue in San Jose. (FAC, ¶ 15.) While at the intersection of North Capitol Avenue and Madden Avenue, the vehicle was struck by a VTA light rail vehicle, resulting in Alvarez's death and serious injuries to Plaintiff. Plaintiff alleges that there was inadequate signage, warning lights, gates and other safety designs present at the in...

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 08 March 2021. Please specify the issue to be contested when calling the Court and Counsel. Order On Motion of Plaintiff to Deem Requests for Admissions to be Admitted. I. Statement of Facts. Plaintiff8 filed this complaint on 26 December 2019.9 Plaintiff is a National Banking Association organized and existing under and b...

Excerpt: ... 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 08 March 2021. Please specify the issue to be contested when calling the Court and Counsel. Special Appearance by Defendants. Order on Motion of Defendants to Dismiss on Grounds of Forum Non Conveniens — Delaware Forum Selection Clause. Pursuant to Code of Civil Procedure, § 418.10(d), defendants ma...

Excerpt: ... 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 08 March 2021. Please specify the issue to be contested when calling the Court and Counsel. Order on Motion of Plaintiff Pump Repair Service Company to Strike the Answer Of Construction Management Group LLC. I. Statement of Facts.6 On or about 5 August 2016, Plaintiff and Defendant entered into a...

Excerpt: ...ompany that purchases and collects charged‐off consumer debts in California. (First Amended Complaint (FAC), ¶ 11.) It is a “debt collector” as defined by Civil Code section 1788.2. (Ibid.) Plaintiff is alleged to have incurred a “consumer debt” under the same statute, in the form of a consumer credit account issued by Barclays Bank Delaware. (Id., ¶ 15.) Barclays received the last payment on this debt on September 8, 2016, and sold i...

Excerpt: ...fore the Court is Plaintiff's motion to tax a total of $45,710.62 in costs, which SUSA opposes. As discussed below, Plaintiff's motion is GRANTED IN PART as to $16,771.68 in costs. I. LEGAL STANDARD “Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.” (Code Civ. Proc., § 1032, subd. (b).) Items explicitly allowed as costs are set forth in Code o...

Excerpt: ...ant's motion to preemptively decertify certain of the class claims, which Plaintiff opposes. As explained below, the Court DENIES Defendant's motion in large part. I. BACKGROUND A. Factual According to the operative complaint, Dart is a Michigan corporation with its principal place of business in Michigan, which does business in California. (First Amended Complaint (“FAC”), ¶¶ 7, 9.) When Plaintiff applied for employment with Defendant on O...

Excerpt: ...on. I. BACKGROUND As alleged in the operative complaint, Plaintiff worked for DAL in Santa Clara County during the relevant time period. (First Amended Complaint (“FAC”), ¶ 1.) She and other employees were regularly required to use their cell phones in the normal course of their job duties to communicate with each other, respond to communications from supervisors, check flight times, and place calls to disarm alarms and to operations. (Id., ...

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 3 March 2021. Please specify the issue to be contested when calling the Court and Counsel. Order on Motion of Defendant Galeb Paving, Inc. for Leave to File a Cross‐Complaint against Lex Barber, Charles Wilson, and Linear Options, Inc. Plaintiff Lex Barber filed this complaint on 16 January 2018.3 He filed a first amended com...

Excerpt: ...ly, “Defendants”) acquired the lessee's interest in the lease and premises. (See complaint, ¶ 5.) Plaintiff has fully performed all obligations and conditions under the lease, Defendant breached the lease by failing to pay rent, resulting in damage to Plaintiff as of July 1, 2020 in the amount of $41,853.76 with interest. (See complaint, ¶¶ 6‐8.) A provision of the lease provides for the allocation of reasonable attorney's fees and costs...