Excerpt: ...Correa (“Correa”) (collectively, “Plaintiffs”) allege that defendant Home Depot U.S.A., Inc. (“Defendant”) uses a timekeeping system that unlawfully rounds the time worked by each employee to the nearest quarter hour. (Complaint, ¶ 13.) The Complaint, filed on March 20, 2019, sets forth the following causes of action: (1) Failure to Pay Hourly Wages; and (2) Unfair Competition. Defendant now moves for summary judgment. 2 1 2 3 4 5 6 ...

Excerpt: ...ken Inc. (“Thunder Token”) brings this lawsuit for breach of employment contract against defendant Zachary Amsden (“Amsden”). Thunder Token alleges 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, sets forth a single cause of action for breach of contract. 2 1 2 3 4 5 6 7 8...

Excerpt: ... Amritsar Times (the “Times”). Singh is the owner of Amritsar. According to the allegations of the Complaint, Plaintiff is the president of the 21‐member managing body of the Sikh GurdwaraSan Jose (the “temple”), one of the largest Sikh temples in North America. (Complaint, at 1.) There is an upcoming election in which certain members of the temple are seeking to elect an entirely new 21‐member slate to be the governing body of the te...

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 22 February 2021. Please specify the issue to be contested when calling the Court and Counsel. Order on Motion of Plaintiff to Compel Defendant to Respond to Special Interrogatories (Set 2). I. Statement of Facts. Plaintiff filed this complaint on 11 April 2018. 7 plaintiff was employed as a radiology technologist at Sta...

Excerpt: ... dealership. According to the allegations of the operative First Amended Complaint (“FAC”), ABS is a wholesale auto finance company who, among other things, is licensed to and does lend money to licensed auto dealers to facilitate the purchase of vehicles at auction. (FAC, ¶¶ 10‐ 11.) Under a written Automobile Finance and Security Agreement (the “Agreement”), ABS sells vehicles at auction and will fund the purchase of cars at its own...

Excerpt: ...CLA's Institute for Technology Advancement (“ITA”) and suggested that Plaintiff present to ITA. (Id.) On October 7, 2009, Plaintiff provided Konda Tech's business presentation to Markovic and ITA in confidence. (Id.) 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 outside UCLA. (Id.) ITA rejected f...

Excerpt: ...rove the relationship between [her and her children] by exploring parenting skills, mood and anger management, explore obstacles to facilitating the children's relationship with the Father” and to deal with the separation issues as the Court ordered sole custody of the children to their father, Dago Soleto (“Soleto”). (See initial complaint, ¶ 5, exh. 1, ¶¶ 1‐2, 24.) On October 10, 2017, Plaintiff entered into a “Working Agreement”...

Excerpt: ...lessee and Westgate as lessor. Goodwill of Silicon Valley (“Goodwill”) filed the present action against Westgate for damages for intentional interference with contractual relations and negligent interference with economic advantage. Goodwill asserts that Westgate unlawfully interfered with a sublease of the Premises between Longs and Goodwill. Longs filed an earlier action against Westgate for damages for breach of contract and declaratory an...

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 22 February 2021. Please specify the issue to be contested when calling the Court and Counsel. Orders on: 1. Defendants Rivian Automotive, Incorporated and Rivian Automotive, LLC's Demurrer to Second Amended Complaint; 2. Defendants Savayia Bero, Tami Pascale, Vince Tanner Duran, and Kim Wong's Demurrer to Plainti...

Excerpt: ...Trung and Nam promised that they would use their proficiency in real estate transactions and accumulated wealth to find profitable investment properties for Plaintiff, they would act as Plaintiff's agent in the sale and purchase transactions, and they would form defendant Evergreen Equity Partners, LLC (“Evergreen”) for Plaintiff's benefit. (See 4AC, ¶¶ 37, 50‐58.) Trung encouraged Plaintiff to take a mortgage out on his residence and ren...

Excerpt: ...C's demurrer. I. BACKGROUND According to the FAC, defendants Marriott International, Inc. and SJMEC, Inc. own and operate a chain of hotels under various brands nationwide and throughout California, including approximately 52 Marriott hotel locations in California. (FAC, ¶ 21.) Defendants maintain their corporate headquarters in Bethesda, Maryland, with a centralized Human Resources department responsible for recruiting and hiring employees, as ...

Excerpt: ...on (“Plaintiff”) against Defendant New York Style Company (“Defendant”), Plaintiff's former employer. Plaintiff's original complaint was filed on July 17, 2020. The operative First Amended Complaint (“FAC”) was filed on October 15, 2020. The FAC alleges (at ¶16) that Plaintiff was terminated on April 27, 2020. The FAC further alleges (at ¶20) that Plaintiff filed a complaint with the DFEH on August 25, 2020, after the original compl...

Excerpt: ...t. It also moves to continue the discovery stay “unless and until Plaintiff … can state a viable cause of action.” As discussed below, the Court OVERRULES Hospital's demurrer and DENIES its motion to continue the discovery stay, but largely GRANTS its motion to strike with leave to amend. I. BACKGROUND Regional Medical Center is a major hospital with an emergency room in San Jose. (First Amended Complaint (“FAC”), ¶ 5.) Plaintiff Taylo...

Excerpt: ... Background A. Factual This is an action for encroachment and trespass between neighboring property owners. According to the allegations of the operative Second Amended Complaint (“SAC”), without Plaintiffs' consent, Defendants maintained a retaining wall on Plaintiffs' property (the “Property”) and refused to remove it when Plaintiffs demanded they do so. (SAC, ¶¶ 2‐3.) Defendants maintain that they were given consent to enter the Pr...

Excerpt: ...CLA's Institute for Technology Advancement (“ITA”) and suggested that Plaintiff present to ITA. (Id.) On October 7, 2009, Plaintiff provided Konda Tech's business presentation to Markovic and ITA in confidence. (Id.) 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 outside UCLA. (Id.) ITA rejected f...

Excerpt: ... the allegations of the First Amended Complaint (“FAC”), filed on May 30, 2019, defendant Varsity Tutors LLC (“Defendant”) sells and provides private tutoring services. (FAC, ¶ 1.) At least 40,000 tutors work for Defendant nationwide. (Id. at ¶ 10.) Plaintiff Henry Mulak was employed by Defendant as a tutor for five years. (Id. at ¶ 3.) Plaintiff Alexander Charles has been employed by Defendant as a tutor since May 2018. (Id. at ¶ 4.)...

Excerpt: ...artment 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class and representative action arising out of various alleged wage and hour violations. The First Amended Complaint, filed on July 10, 2020, 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 A...

Excerpt: ...1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action arising out of various alleged Labor Code violations. According to the allegations of the First Amended Complaint (“FAC”), filed on November 9, 2018, plaintiff Talia Arroyo Rocha (“Plaintiff”) worked as a courier/delivery driver from July 21, 2015, to August 20, 2015, for defendant Cernx MN, LLC (“Defendant”...

Excerpt: ..., 2020, this case arises out of defendant Keysight Technologies' (“Defendant” or “Keysight”) tortious scheme to defraud and steal valuable business opportunities from plaintiff Guzik Technical Enterprises (“Plaintiff” or “Guzik”). (FAC, ¶ 1.) Under the guise of forming a partnership to develop and sell high‐bandwidth digitizer products, Defendant used a web of false promises, factual misrepresentations, and fraudulent omissions...

Excerpt: ...is grandfather Louis. Louis and his son Brent Bonino (“Brent”), Jeremy's uncle, co‐own LJB Farm, and the 1997 Chevy Tahoe was used for various services relating to the farm. Louis is the only insured party on the aforementioned vehicle. B. Procedural Plaintiff initiated this action on August 24, 2017. On September 14, 2020, Defendant filed the instant motion for summary judgment. Plaintiff opposes the motion. II. Defendant's Motion for Summ...

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 11 February 2021. Please specify the issue to be contested when calling the Court and Counsel. Demurrer to the Complaint by Defendant Intellitalk, Inc. Defendant's reply papers were filed on 11 February 2021 at 9:05 AM on 11 February 2021 and are thus untimely. Should this matter proceed to a hearing, this Court will...

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 10 February 2021. Please specify the issue to be contested when calling the Court and Counsel. Order on Motion of Plaintiff to Compel Defendant Christ Company to Produce Further Documents and for Monetary Sanctions. I. Statement of Facts. Plaintiff filed this complaint on 22 October 2018. 6 This case a...

Excerpt: ...ing for appellate resolution two questions of law raised by that order. It also asks the Court to stay this action pending resolution of Defendant's forthcoming writ petition. As discussed below, the Court DENIES Northrop Grumman's motion in its entirety. I. DISCUSSION “Upon the written request of any party …, a judge may indicate in any interlocutory order a belief that there is a controlling question of law as to which there are substantial...

Excerpt: ...and crashed. The Complaint states two cause of action: 1) Negligence (premises liability, brought by Dr. Stewart only), and; 2) Loss of Consortium (brought by Pamela Stuart only). Currently before the Court is Defendant's Motion for Summary Judgment filed November 15, 2020 after the Court (Hon. Barrett) granted an order shortening time. The pleadings limit the issues presented for summary judgment and the motion may not be granted or denied on is...

Excerpt: ...3.) Section 7 of the lease agreement states that Plaintiff is not responsible for payment of any utilities; however, despite this provision, Defendant has charged Plaintiff for bimonthly water bills and Plaintiff has paid all water bills charged to him by Defendant from July 26, 2010 through August 2020. (See complaint, ¶¶ 9‐10.) On July 15, 2020, Plaintiff arranged a representative from San Jose Water Company to inspect the water meter and e...