Excerpt: ...be forced to leave the country if she did not pay the tuition. (Ibid.) Nguyen promised to pay Plaintiff back in four months. (Ibid.) Nguyen told Plaintiff she would be able to pay Plaintiff back because her mother deposited $400,000 in her bank account in Vietnam before she passed away. (Ibid.) In reliance on Nguyen's representations, Plaintiff loaned Nguyen $70,000 on March 28, 2018. (Ibid.) In April 2018, Nguyen told Plaintiff she needed an add...

Excerpt: ...plied Covenant of Good Faith and Fair Dealing; 7) Violation of Civil Code §1708; 8) Unjust Enrichment; 9) Violation of Business and Professions Code §17200; 10) Negligence, and; 11) Violation of the Rosenthal Fair Debt Collection Practices Act (“RFDCPA,” Civil Code §1788, et seq.) against several named defendants and Does. Currently before the Court is the demurrer to the Complaint by Defendants Superior Loan Servicing, Jimmy Hui, Roller P...

Excerpt: ...s in Vietnam Town, a commercial plaza in San Jose. According to the allegations of the TAC, on October 8, 2004, Plaintiff entered into five written agreements with TWN Investment Group, LLC (“TWN”) to buy five commercial condominium units at Vietnam Town for a total cost of $615,000. (TAC, ¶ 7, Exhibit A.) On January 24, 2005, Diem Thi Hang and Tai Hung Trinh entered into an agreement with TWN to purchase of one of the units. (Id., ¶ 8.) On...

Excerpt: ...(SAC, ¶¶ 1 15.) Plaintiff alleges that a contingent of Flyers fans in his section were unruly and rowdy, resulting in taunting between fans and beer being thrown. (Id., ¶¶ 16, 17.) Plaintiff further alleges that the Flyers fans shouted profanities at him and other Sharks fans, and that one particular Flyers fan, defendant Eric Williams (“Williams”), was encouraged by his friends to heckle Sharks fans in Plaintiff's section. (Id., ¶ 16.) ...

Excerpt: ...ULES Defendants' demurrer. I. BACKGROUND As alleged in the operative complaint, Defendants own and operate a media‐sharing platform, YouTube (the “YouTube Platform”), which contains videos created by individuals and entities that have registered with YouTube and uploaded their videos to a “channel.” (Complaint, ¶ 2.) The YouTube Platform is accessible as a website at youtube.com (the “YT Website”), or as a mobile application or app...

Excerpt: ...ively, “Foresite”) approached Genapsys during its 2017 equity raise and explored investing, sending its senior technology experts to review all of Genapsys' technology. (See XC, ¶ 3.) The parties entered into a Non‐Disclosure Agreement, and over the next several months, Foresite and its CEO and Managing Director, cross‐ defendant Jim Tananbaum (“Tananbaum”) (collectively, “cross‐defendants”) were provided a detailed technical r...

Excerpt: ...San Jose in 2000 as a seventh grader. (FAC, ¶¶ 12‐13.) Due to behavioral issues caused by hyperactivity, Plaintiff was placed in a separate classroom from his peers with several other boys under the care, control and supervision of defendant Roland Saher (“Saher”). (Id., ¶¶ 14‐16.) Saher was allegedly not sufficiently credentialed, trained and vetted for such an assignment. (Id.) Plaintiff and his classmates were physically isolated f...

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 20 January 2021. Please specify the issue to be contested when calling the Court and Counsel. Order On Defendant Bella Vista Apartments' Demurrer to Plaintiff Maryam Gholamirad's First Amended Complaint I. Statement of Facts. Complaint On or about 17 January 2018, plaintiff Maryam Gholamirad (“Plaintiff”) entered...

Excerpt: ...and settlement class are set forth in that order. Before the Court is Plaintiff's motion for final approval of the settlement and for approval of his attorney fees, costs, and service award. Plaintiff's motion is unopposed. As discussed below, the Court GRANTS final approval. I. LEGAL STANDARDS FOR CLASS ACTION SETTLEMENT APPROVAL Generally, “questions whether a [class action] settlement was fair and reasonable, whether notice to the class was ...

Excerpt: ...1 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 20 January 2021. Please specify the issue to be contested when calling the Court and Counsel. Orders on Motions of Defendant Milestone Financial, LLC to Compel Plaintiff Ruma Chakraborty to Respond to Special Interrogatories, Request for Admissions of Documents, and to Deem Requests for Ad...

Excerpt: ...rough assessment in connection with arranging a loan. (See TAC, ¶ 21.) In February 2016, Plaintiffs entered into a loan agreement with CHL for the amount of $1,150,000, secured by a deed of trust on the subject property to be processed, serviced and managed by Kenoyer, and defendant K.C. Knapp (“Knapp”) of CHL. (See TAC, ¶¶ 30‐33, 36‐37.) Unbeknownst to Plaintiffs, Knapp had his real estate broker's license revoked on January 9, 2016, ...

Excerpt: ...nd settlement class are set forth in that order. Before the Court are Plaintiffs' motions for final approval of the settlement and for approval of their attorney fees, costs, and service awards. Plaintiffs' motions are unopposed, but one objection was submitted to class counsel and the settlement administrator. I. LEGAL STANDARDS FOR CLASS ACTION SETTLEMENT APPROVAL Generally, “questions whether a [class action] settlement was fair and reasonab...

Excerpt: ... defendant Pacific Plumbing & Sewer Service, Inc.'s (“Defendant”) work on the San Jose Convention Center, the County of Santa Clara Winter Shelter, the County of Santa Clara's County Building Bathroom removal, the County of Santa Clara's County Correctional Complex (Elmwood Jail) and the Sunnyvale Community Center, and found that: Defendant's employees are working on a project but are not paid prevailing wages as those workers do not appear i...

Excerpt: ...FOR SUMMARY JUDGMENT/ADJUDICATION; MOTION FOR SUMMARY ADJUDICATION The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on January 20, 2021 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a construction defect action arising out of the development, design, and construction of the City Park at Sunnyvale project (the “Project”) and the establishment o...

Excerpt: ...AL APPROVAL OF CLASS ACTION SETTLEMENT The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on January 20, 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 and representative action arising out of various alleged wage and hour violations. The First Amended Complaint, filed on February 5, 2020, sets forth the following causes ...

Excerpt: ...s right to collect benefits. (See FAC, ¶ 9.) When Plaintiff refused to the reduction, Defendant terminated Plaintiff. (See FAC, ¶ 10.) Defendant satisfied its obligations to pay Plaintiff the benefits pursuant to the Change of Control Agreement. (See FAC, ¶ 12.) However, Plaintiff was also entitled to a bonus that he earned for his performance in 2019 and the value of stock options which were awarded to him on March 16, 2018. (See FAC, ¶¶ 13...

Excerpt: ... other similarly situated employees were not paid for overtime or double time rates in accordance with California law. (See complaint, ¶ 18, 6‐ 8 .) Defendants also required Plaintiff and other similarly situated employees to work through meal and rest periods or otherwise failed to provide timely meal and rest periods, and subtracted unpaid meal periods from Plaintiff's and other similarly situated employees' pay despite knowing that Plaintif...

Excerpt: ...party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 15 January 2021. Please specify the issue to be contested when calling the Court and Counsel. Order On Demurrer to Cross‐Complaint. I. Statement of Facts.3 Complaint On 28 November 2018, defendants Ahmad Javid and Safoora Javid (collectively “Javids”), trustees of the Javid Family Trust dated June 24, 1981 (“Javid Tr...

Excerpt: ...ose. 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 15 January 2021. Please specify the issue to be contested when calling the Court and Counsel. Order on the Demurrer of Defendant Gilroy Unified School District to Plaintiffs' First Amended Complaint. I. Statement of Facts. Plaintiffs Adrian Lopez (“Adrian”) and Esther Brambila Lopez (“Esther”) (collectively,...

Excerpt: ...ods; 4) Failure to provide rest periods; 5) Failure to provide accurate wage statements; 6) Failure to pay wages due at termination; 7) Failure to pay timely wages; 8) Failure to reimburse expenses; 9) Sex discrimination in violation of FEHA; 10) Failure to prevent harassment and discrimination in violation of FEHA; 11) Hostile work environment harassment; 12) Retaliation; 13) Intentional infliction of emotional distress, and; 14) Unfair Business...

Excerpt: ...the Complaint, on March 16, 2018, Med Mar and Plaintiff entered into a written contract (the “Agreement”) whereby the former agreed to purchase various products containing cannabidiol (“CBD”) from the latter. (Complaint, ¶ 24.) Med Mar was to prepay Plaintiff 25% for all products ordered with the balance due within 15 days of Med Mar's receipt of the products. (Id.) On April 24, 2018, Defendants represented to Plaintiff in writing that M...

Excerpt: ... Both stated a single cause of action for specific performance. Matsumoto demurred to the FAC and that demurrer was sustained by the Court (Hon. Barrett) in an order issued March 10, 2020. In that order the Court ruled that the sole cause of action for specific performance was time‐barred by Code of Civil Procedure (“CCP”) §337. Plaintiff was granted 10 days' leave to amend. The operative Second Amended Complaint (“SAC”), again stating...

Excerpt: ...th 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 18 January 2021. Please specify the issue to be contested when calling the Court and Counsel. Order On Motion of Defendant/Cross‐Complainant Colony Insurance Company For Summary Judgment On Its Cross‐ Complaint For Rescission. I. Statement of Facts. On 17 January 2017, Jo Ann Brassfield and...

Excerpt: ...61 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 15 January 2021. Please specify the issue to be contested when calling the Court and Counsel. Orders on Motions of Defendant Milestone Financial, LLC to Compel Plaintiffs to Respond to Special Interrogatories, Request for Admissions of Documents, and to Deem Requests for Admissions to Be ...

Excerpt: ...tate firm that owns, develops, and manages apartments and multifamily communities throughout California. (Complaint, ¶ 10.) Plaintiff Raul Aceves worked for LP for sixteen years, as a Maintenance Supervisor and a Maintenance Technician. (Id., ¶ 4.) Plaintiff Francisco Alcazar has worked for LP as a Maintenance Technician for twelve years. (Id., ¶ 5.) LP assigns Plaintiffs and other Maintenance Supervisors, Maintenance Technicians, and similarl...