Excerpt: ...ndant entered into an agreement dated June 16, 2017 under which Varghese agreed to demolish a 20,000 square foot building in Sunnyvale and construct a new refrigerated warehouse in its place. (FAC, ¶¶ 7‐8.) Greet Well advised Varghese that time was of the essence because it was incurring the expense of two warehouses (a smaller warehouse and the new one in Sunnyvale) and business demand was growing. (Id., ¶ 9.) Pursuant to the terms of the a...

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 10 February 2021. Please specify the issue to be contested when calling the Court and Counsel. Order on Cross‐Defendant Elizabeth Misich's Demurrer To The First Amended Cross‐Complaint Filed By Thomas Misich. I. Statement of Facts. First Amended Complaint Plaintiff Elizabeth Henin Misich (“Elizabeth”)1 is the s...

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 10 February 2021. Please specify the issue to be contested when calling the Court and Counsel. Demurrer to the Complaint by Defendants Matthew Enterprises, Inc. and FCA US LLC. I. Statement of Facts. Plaintiff Carlos Jimenez (“Plaintiff”) filed this complaint on 8 September 2020. 5 According to the complaint, o...

Excerpt: ...ourt now issues its tentative ruling as follows: I. INTRODUCTION This is a putative consumer class action brought pursuant to the California Fair Debt Buying Practices Act (“CFDBPA”). Plaintiff Janice Ashley Dayton (“Plaintiff”) seeks statutory damages against defendant Portfolio Recovery Associates, LLC (“Defendant”) arising from its routine practice of sending initial written communications that provide the notice required by the CF...

Excerpt: ...ourt now issues its tentative ruling as follows: I. INTRODUCTION This is a putative consumer class action brought pursuant to the California Fair Debt Buying Practices Act (“CFDBPA”). Plaintiff Janice Ashley Dayton (“Plaintiff”) seeks statutory damages against defendant Portfolio Recovery Associates, LLC (“Defendant”) arising from its routine practice of sending initial written communications that provide the notice required by the CF...

Excerpt: ...ent 3. The court now issues its tentative ruling as follows: I. INTRODUCTION On October 15, 2019 following a jury trial, judgment was entered in favor of Plaintiff Brokaw San Jose LLC (“Plaintiff”) and against Defendant Pacific Bay Recycling Center, Inc. (“Defendant”) only, Mindy Ngo (“Ms. Ngo”) having been dismissed as a defendant without prejudice on September 23, 2019, before trial began. After judgment was entered, the court on 2 ...

Excerpt: ...a M. Lucas on February 10, 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 arising out of various alleged wage and hour violations. The First Amended Complaint 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) Failure 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1...

Excerpt: ...sues 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 12, 2019, sets forth the following causes of action: (1) Failure to Provide Rest Periods; (2) Failure to Provide Meal Periods; (3) Failure to Pay Hourly and Overtime Wages; (4) Failure to Pay Minimum Wage; (5) Failure to Furnish Itemized Wage St...

Excerpt: ...t, 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 8 February 2021. Please specify the issue to be contested when calling the Court and Counsel. Order on Defendant's Demurrer to Plaintiff's First Amended Complaint. I. Statement of Facts. Plaintiff Pacific Office Automation, Inc. (“Plaintiff”) is one of the largest independent office equipment dealers in ...

Excerpt: ... cross‐defendants Monica Yeung Arima (“Arima”) and Yarkin Realty (“Yarkin”) knew that Large had just resolved a four‐year long lawsuit against the person who sold her the property, the real estate agents and her attorney that the leasehold would trigger reassessment of property taxes and that assessment would be based upon the fee simple value of the subject property, not the value of the leasehold transaction, substantially affecting...

Excerpt: ... for fraud and negligent misrepresentation, among other things, arising out of business negotiations concerning the operation of a restaurant franchise. According to the allegations of the operative First Amended Complaint (“FAC”), in April 2017, CrossComplainants and defendants Nathan Van and Huong Le aka Nancy Le (collectively, “Defendants”) held themselves out to Nguyen as registered franchisors of Blackball Taiwanese dessert restauran...

Excerpt: ...ing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 8 February 2021. Please specify the issue to be contested when calling the Court and Counsel. Order On Petition of Defendants to Compel Arbitration. I. Statement of Facts. Plaintiff filed this complaint on 23 September 2020. 20 Plaintiff alleges he is the sole shareholder of Ryker, SF, Inc., owner of a Fed Ex service contract. Plaintif...

Excerpt: ...ehalf of Akrivis by Gordon Finwall and Finwall Law Offices (hereafter “Finwall”), counsel for Akrivis in this action. On August 7, 2020 Defendants filed a Cross‐Complaint against Akrivis and Finwall, based in part on a prior action for breach of contract and common counts brought by Akrivis and Finwall (solely as counsel for Akrivis) in August 2019, case no. 19CV353651(“Prior Action”). The Cross‐Complaint states claims for 1) Breach o...

Excerpt: ...nst CCS on her FACC and summary adjudication of her 28th affirmative defense in her answer to CCS's Complaint. III.Background This is an action to collect on an unpaid debt and a resulting cross‐action for unfair debt practices relating to the collection of that debt. According to the allegations of the underlying complaint, a credit card was issued to Gonzalez by Synchrony Bank FKA GE Capital Retail Bank. (Complaint, ¶ 6.) Gonzalez used the c...

Excerpt: ...Plaintiff from accessing personal property (mostly sports memorabilia) he kept at the business that he asserts was worth $30,000 at the time. Plaintiff sued Defendant (Baker v. Baker, case no. 16CV298904) over the termination and that case eventually went into arbitration to resolve the dispute. Plaintiff alleges that from January 2016 to August 2017 he did not demand the return of his personal property because he (incorrectly) believed it would ...

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 3 February 2021. Please specify the issue to be contested when calling the Court and Counsel. Order On Motion of Plaintiff for a Protective Order. I. Statement of Facts. A. Statement of Facts. On or about 17 January 2018, plaintiff Maryam Gholamirad (“Plaintiff”) entered into a lease‐rental agreement (“Agreem...

Excerpt: ..., subd. (e)). In addition, Waymo demurs to and moves the quash the FAC. Plaintiff opposes all three motions (although, as discussed below, her opposition to Waymo's motions was filed extremely late). As explained below, the Court OVERRULES Google and Adecco's demurrer and GRANTS Waymo's motion to quash; Waymo's demurrer is consequently MOOT. I. BACKGROUND As alleged in the operative complaint, Plaintiff was hired by Defendants as an hourly, non�...

Excerpt: ...) (collectively, “Plaintiffs”). I. Background A. Factual This action arises from the alleged improper suspension of a student after an incident at Ruskin Elementary School (“Ruskin”), located within the District. According to the allegations of the FAC, on June 6, 2019, Doyle‐Jones received a call from Ruskin and was advised that her daughter Aygulina, who was in kindergarten, had been involved in an incident and she needed to come to t...

Excerpt: ... coordinated cases involving Arriaga & Associates, Inc. (“Arriaga, Inc.”), a company that provides security for other businesses and entities. (See Verified First 1 The included actions are: (1) Giron, et al. v. Arriaga, et al., Superior Court of California, County of Los Angeles, Case No. BC667718; (2) Arriaga, et al. v. Lara, et al., Superior Court of California, County of Santa Clara, Case No. 17CV310003; (3) Jordan v. Arriaga & Associates...

Excerpt: ...ke the doe amendment of plaintiffs Gina M. Gray and David Zamora (collectively, “Plaintiffs”). I. Background This action was initiated in April 2014 by Plaintiffs to challenge the nonjudicial foreclosure of their former property located in San Jose (the “Property”). After multiple rounds of pleadings, in January 2015 the Court sustained the defendants' demurrer to the operative second amended complaint (“SAC”) without leave to amend.1...

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 1 February 2021. Please specify the issue to be contested when calling the Court and Counsel. Orders on Motion Of Plaintiffs to Compel Defendants to Provide Discovery Responses To: 1. Special Interrogatories, set 3, to Defendant Accounting Data Associates, Inc.; 2. Request for Production of Documents, set 3, to Defendant...

Excerpt: ...ecologist, performed a hysterectomy on Plaintiff during which Defendant “cut Plaintiff's right ureter beyond repair. . . . Following the surgery, Defendant informed Plaintiff that the surgery was successful and that there were no complications during surgery.” Plaintiff later began suffering from back pain and high blood pressure. “Then, in January 2018, following a CT scan, the urologist informed Plaintiff that it appeared as if her ureter...

Excerpt: ...nies, eventually totaling nearly $200,000 without interest. (See FAC, ¶¶ 11‐13.) When Defendant told Plaintiff that he was delaying payment on the loan because he wanted to establish an energy therapy practice in California to make money, Plaintiff expressed her dissatisfaction and concern with Defendant's failure to repay the loan. (See FAC, ¶ 14.) Thus, in consideration for the forbearance from immediate action on the loan, Defendant promi...

Excerpt: ...irst 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 1 February 2021. Please specify the issue to be contested when calling the Court and Counsel. Motion for Summary Adjudication to the Seventeenth Affirmative Defense by Defendant and Cross‐Complainant WEC & Associates, Inc. (erroneously sued and served as WEC Associates, Inc.) I. Statement of Fact...

Excerpt: ...eptember 25, 2020, TM served plaintiff with notice of motion for sanctions under CCP 128.7. On November 30, 2020, 66 days after service, plaintiff filed a third amended complaint (“TAC”), in effect to withdraw or correct the SAC, the pleading challenged by TM's motion. This is beyond the 21 day period after service of the motion to foreclose the filing of the motion. Defendant has satisfied the notice and procedural requirements to proceed wi...