Excerpt: ... Plaintiff Edge Law Group as its counsel in June 2018, as did defendant The Phyto Foundation (“Foundation”). (Complaint, ¶¶ 23, 24, 26, 28 and Exhibits A, B, D and F.) Barahona executed the agreement for legal services with Plaintiff on behalf of the Foundation. (Id., ¶ 28.) Peak Health retained Plaintiff to pursue claims alleging trademark infringement, unfair competition, and unfair trade practices against Jared Berry and Carlsbad Natura...

Excerpt: ...their affirmative obligation to provide accurate itemized wage statements… [m]ore specifically, whenever Plaintiff was paid shift differential wages, including for night and weekend shift differentials, the hours worked for shift differentials were redundantly listed in the total hours worked section, such that the total hours worked were incorrect.” (Audycki initial complaint, ¶ 30.) “Plaintiff is informed and believes and based thereon a...

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 13 January 2021. Please specify the issue to be contested when calling the Court and Counsel. Order on Defendant BPR Properties Petaluma, LLC's Motions to Compel HM Construction Inc. to Respond to Form and Special Interrogatories, Request for Production of Documents, Request for Admissions and for Monetary S...

Excerpt: ...tius Azzarello (“Azzarello”) purchased three commercial properties in San Jose as equal joint partners approximately 50 years ago. (Complaint, ¶ 2.) At that time, they also opened a joint business checking account. (Id.) Jerkovich's father passed away in February 2013, leaving her as 50% owner of the property and joint business checking account. (Id.) In early 2014, Jerkovich requested that Azzarello remove her father's name from the joint c...

Excerpt: ...murrer to the Cross‐Complaint filed by Defendant/Cross‐Complainant Srinivasan on August 21, 2020. The Cross‐ Complaint states claims for: 1) Violation of Labor Code §201; 2) Violation of Labor Code §227.3; 3) Breach of Implied Contract to pay deferred wages; 4) Breach of Contract (severance, vacation, deferred wages); 5) Breach of Contract (Chennai Operation); 6) Promissory Estoppel; 7) Common Count; 8) Wrongful Termination; 9) Reformatio...

Excerpt: ... and taking vehicles in trade. (Complaint, ¶ 3.) Defendant Great American Insurance Company (“Great American”) was the surety on a bond in the amount of $50,000.00, which Defendant maintained pursuant to Vehicle Code section 11710. (Id. at ¶ 6.) On June 19, 2017, Plaintiffs went to Defendant's place of business and purchased a used 2015 Toyota Prius (the “Vehicle”) for Diane Marie Buchanan's son, Stephen Forbes (“Forbes”). (Complain...

Excerpt: ...nto a contract with Saavedra to lease real property located in San Jose (the “Property”). (Complaint, ¶ 6.) The lease had a retroactive start date of August 1, 2015, and contained an option to purchase the Property. (Id., ¶¶ 6‐ 7.) Pursuant to the terms of the option, Shyshka could purchase the property, if he chose to exercise the option, for $600,000. (Id.) In order to effectively exercise his option, Shyshka was required to deliver a ...

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 13 January 2021. Please specify the issue to be contested when calling the Court and Counsel. Order on Demurrer of Forty Niners Stadium Management Co. LLC and Forty Niners SC Stadium Company LLC to Plaintiffs First Amended Complaint. I. Statement of Facts. Plaintiff filed this complaint on 27 May 2...

Excerpt: ...UND A. Factual According to the allegations of the TAC, Cal‐Coast purchased a workers compensation and employers liability insurance policy (the “Policy”) from a predecessor to Castlepoint, Tower Select Insurance Company (“Tower”), in October 2012. (TAC, ¶ 10, Exhibit A.) A later audit performed by Tower revealed that the premium basis estimate provided by CalCoast was inaccurate, and that the actual audited total premium and fees for ...

Excerpt: ...ously and suggested Bay Area Seafood (“BAS”) as a potential buyer. (See complaint, ¶ 10.) Throughout 2019, Young consulted with Defendants a number of times, regarding the sale of ABC. (See complaint, ¶ 11.) Young reached out to other potential buyers and sought Defendants' advice, who dissuaded him from entering into an agreement with a Chinese distribution company, and instead recommended that he sell ABC to BAS. (See complaint, ¶¶ 11�...

Excerpt: ...Complaint (“SAC”) for failure to state a claim. (Code Civ. Proc., § 430.10, subd. (e).) Plaintiff opposes Defendants' demurrer.11 As discussed below, the Court SUSTAINS the demurrer in part and OVERRULES it in part. I. ALLEGATIONS OF THE SAC According to the SAC, Maxar specializes in the manufacture of satellites and the provision of satellite‐related services. (SAC, ¶ 11.) Maxar's subsidiary Space Systems/Loral LLC (“SSL”), its relat...

Excerpt: ...N This is a putative class action and representative action arising out of various alleged wage and hour violations. The Second Amended Class and Representative Action Complaint, filed on July 30, 2020, sets forth the following causes of action: (1) Failure to Pay Minimum Wage; (2) Failure to Authorize and Permit Paid Rest Breaks and Pay Premium Pay; (3) Failure to Provide Off‐Duty Meal Breaks and Pay Premium Pay; (4) Failure to Issue Itemized ...

Excerpt: ... 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 Fair Debt Buying Practices Act (“CFDBPA”). Plaintiff Bruno Fleming (“Plaintiff”) seeks statutory damages against defendant Oliphant Financial, LLC (“Defendant”) arising from its routine practice of sending initial written communications that provide the notice required by the ...

Excerpt: ...icia M. Lucas on January 13, 2021 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This action brought by plaintiff David Biggs (“Plaintiff”), a driver for defendant Lyft, Inc. (“Defendant”), includes individual and Private Attorneys General Act (“PAGA”) claims. (Complaint, ¶ 15.) The Complaint, filed on June 4, 2020, sets forth the following causes of action: (1) PAGA Penalties for ...

Excerpt: ...l Student‐Parent Handbook; 2) Declaratory Judgment (as to the parties' “respective duties under the Handbook,” Complaint at ¶97); 3) “Violation of Common Law Right to Fair Procedure”; 4) Violation of Cal. Education Code §48950; 5) Defamation (slander per se) against Defendants SFHS and Curtis, and; 6) Defamation (libel per se) against Defendant Labana. The Complaint's prayer claims that Plaintiffs have suffered general, special and co...

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 11 January 2021. Please specify the issue to be contested when calling the Court and Counsel. Order on Motion of John Holman, Esq., Michael Caldwell, Esq., and the Caldwell Law Firm to Withdraw As Counsel for Defendant. I. Statement of Facts. Plaintiff filed this petition to compel arbitration on or about 27 August 2019....

Excerpt: ...s, Defendant issued to Plaintiff an Accountants Professional Liability Insurance Policy which provided coverage for acts, errors, and omissions in the rendering of accounting services. (Complaint, ¶ 6.) The policy issued for the period 1/18/17 to 1/18/18 (the “Policy”) provided, in part, that Defendant would pay “those sums that an Insured becomes legally obligated to pay as Damages because of a Claim which arises from an Insured's act, er...

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 11 January 2021. Please specify the issue to be contested when calling the Court and Counsel. Orders on Motions of 1. Mr. Adil Hiramanek to Seal Records; and 2. Motion to Dismiss Plaintiff's Action (Code of Civil Procedure, §§ 583.310,) I. Statement of Facts. Plaintiff Roda Hiramanek filed this ...

Excerpt: ... 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 11 January 2021. Please specify the issue to be contested when calling the Court and Counsel. Order On Specially Appearing Defendants' Motion to Quash Service of Summons and Complaint. I. Statement of Facts. Plaintiff Google LLC (“Google”) operates an online retail store (“Google Store”) where it sells Google products (including Nest cameras, Nest thermostats, Google WiFi...

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 11 January 2021. Please specify the issue to be contested when calling the Court and Counsel. Order on Motion of Plaintiff to Compel Defendant Sigelie Vape, Inc. to Provide Further Responses to Form Interrogatories, Special Interrogatories, Requests for Admission, and Requests for Production, Al...

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 11 January 2021. Please specify the issue to be contested when calling the Court and Counsel. Motion for Judgment On The Pleadings to the Complaint by Defendants Ford Motor Company and Perry Ford of Poway. I. Statement of Facts. This is a lemon law action brought by plaintiffs Sissy Xue (fka Fuyu Xue) and Lenny Lau (collect...

Excerpt: ...y opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 11 January 2021. Please specify the issue to be contested when calling the Court and Counsel. Order on Motion of Plaintiff For an Order Awarding Reasonable Attorneys Fees and Costs. I. Statement of Facts. On 3 December 2018, plaintiff filed a “PAGA” notice pursuant to Labor Code, § 2699.3 setting out various claims of the l...

Excerpt: ...nt Code §§ 12650, et seq., retaliation in violation of Labor Code § 1102.5, and failure to engage in the interactive process. On July 22, 2020, FNI filed a cross‐complaint (“XC”) alleging that JB failed to show up for work for several days in a row without notice and had actually taken parallel employment with another company and did not work as a full‐time employee of FFN. (See XC, ¶¶ 10‐15.) JB had agreed as a term of employment ...

Excerpt: ...en submitted, the Court finds and orders as follows: Factual and Procedural Background This action for personal injury arises out of allegations that Defendant engaged in a sexual relationship with Plaintiff while fraudulently concealing the risk of infection presented by his medical condition ‐ genital herpes ‐ and eventually infected Plaintiff with the disease. Based on those allegations, Plaintiff filed the operative first amended complain...

Excerpt: ...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 11 January 2021. Please specify the issue to be contested when calling the Court and Counsel. Order on Demurrer of OCWEN Loan Servicing, LLC; PHH Mortgage Corporation; ETS Services, LLC; GMAC Mortgage, LLC; and Wells Fargo Bank, NA etc. to Plaintiff's First Amended Complaint. I. Statement of...