Excerpt: ...Samuel Neipp, for damages arising from Teacher's sexual abuse of Plaintiff at Dartmouth Middle School, one of District's schools. Plaintiff filed a complaint against District and Teacher on February 13, 2019. On November 21, 2019, the Court consolidated Plaintiff's action –Jane Doe 2 v. Union School District, et al. (Santa Clara County Superior Court, Case No. 19‐CV‐343101) ‐ with the following cases for all purposes, except trial: (1) Ja...

Excerpt: ...Fraud by Omission” against Defendant Ford Motor Company (“Defendant”) and others. The Complaint alleges (at ¶8) that Plaintiff purchased a 2013 Ford Fusion vehicle (“subject vehicle”) with vehicle identification number (“VIN”) 3FA6P0HR2DR371701 on or about July 6, 2013 subject to a three year/36,000written warranty. The Complaint further alleges (at ¶10) that during the warranty period the subject vehicle developed “defects caus...

Excerpt: ...married to Remy Sanouillet. Ms. Cornet worked at a restaurant in Mountain View and made efforts, individually and through her company, Opa Verde, to purchase the restaurant from Kaddu. Cornet purchased the restaurant from Kaddu in late 2011 and paid $200,000 towards the purchase but purportedly abandoned the restaurant in October 2012. According to Brar, before Ms. Cornet missed rent payments and abandoned the restaurant, the landlord was willing...

Excerpt: ...worked for Defendant from August 2011 to January 17, 2019 as an hourly, non‐exempt employee. (Complaint, ¶ 7.) During this time, he and other California employees were provided with wage statements that failed to identify Northrop Grumman's legal name and address; failed to identify any applicable hourly rates of pay; and failed to state employees' total hours worked accurately when overtime was paid. (Id. at ¶ 19.) Based on these allegations...

Excerpt: ...l 1. Complaint This is a personal injury action arising out of a trip and fall. According to the allegations of the operative complaint (“Complaint”), on July 6, 2016, plaintiff Carole Adams (“Plaintiff”), a resident of the Cabernet Vineyards Homeowners Association (“Cabernet Vineyards”) community, tripped when she stepped on debris that had fallen from a nearby trees onto a walkway near the front of her residence. The trees were loca...

Excerpt: ...D A. Factual As alleged in the operative complaint, Houzz is based in Palo Alto and operates an online platform for home remodeling and design services. (First Amended Complaint (“FAC”), ¶¶ 5, 7.) Plaintiff Jesseca Bieger worked for Houzz in several nonexempt positions from September 2015 until November 2017. (Id., ¶ 4.) She worked primarily out of Defendant's offices in Orange County in positions including account coordinator, customer se...

Excerpt: ...fendant operates a health services business specializing in blood analysis. (First Amended Complaint, ¶ 9.) Plaintiff was employed by Defendant as a mobile phlebotomist from October 9, 2017 until she was terminated on November 8, 2017. (Id., ¶ 8.) She alleges that she and other phlebotomists were not provided with 30‐minute off‐duty meal periods for shifts over 5 hours and were not provided with 10‐ minute off‐duty rest periods for 3.5�...

Excerpt: ...fendants as an hourly, non‐exempt employee from August 26, 2016 through December 9, 2016. (First Amended Complaint, ¶ 21.) She and other employees regularly performed unpaid work after their scheduled time, working a great deal of overtime to meet company demands but being reprimanded if they recorded more than ten hours of overtime per pay period. (Id., ¶ 23.) In addition, Plaintiff and the putative class were paid a fixed salary regardless ...

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 4 January 2021. Please specify the issue to be contested when calling the Court and Counsel. Order on Motion of Plaintiff for Leave to File an Amended Complaint.6 I. Statement of Facts. Plaintiff filed this complaint on 1 May 2019. 7 Plaintiff claims that defendant failed to provide promise stock options. Cause of action inclu...

Excerpt: ...ctual listing agreement with plaintiffs Silicon Valley Real Estate Group, Inc. (“Keller Williams”) and Keke “Coco” Tan (“Tan”) (collectively, “Plaintiffs”) whereby Plaintiffs agreed to list and market the property for sale and the Hans agreed to give Plaintiffs the exclusive and irrevocable right starting on February 1, 2018 until August 31, 2018 to sell the property in the capacity of the Hans' real estate agent and broker and to...

Excerpt: ...sation and employers liability insurance policy (the “Policy”) from Plaintiff, the surviving corporation from a merger of various insurance companies, including Tower Select Insurance Company (“Tower”), in October 2012. (TAC, ¶ 10, Exhibit A.) A subsequent audit performed by Plaintiff on the effective policy period for the Policy revealed that the premium basis estimate provided by Defendant was inaccurate and that the actual audited tot...

Excerpt: ...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 (“FAC”), filed on July 10, 2020, sets forth the following causes of action: (1) Failure to Pay Overtime Wages; (2) Failure to Provide Meal Periods; (3) Failure to Permit Rest Breaks; (4) Failure to Provide Accurate Itemized Wage Statements; (5) Failure to Pay All Wages Due...

Excerpt: ... 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 Complaint sets forth the following causes of action: (1) Violation of California Labor Code §§ 510 and 1198 (Unpaid Overtime); (2) Violation of California Labor Code §§ 226.7 and 512(a) (Unpaid Meal Period Premiums); (3) Violation of California Labor Code § 226.7 (Unpaid Rest Period Premium...

Excerpt: ...posing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 4 January 2021. Please specify the issue to be contested when calling the Court and Counsel. Order on Special Motion to Strike and Demurrer to the Cross‐ Complaint by Plaintiff and Cross‐Defendant Cohesity, Inc. I. Statement of Facts. A. The Complaint. Plaintiff Cohesity, Inc. (“Cohesity”) filed this complaint on 15 May 2019...

Excerpt: ... things, arising out of the alleged failure to pay for legal services rendered. According to the allegations of the Complaint, Bomi, Peak Health and Joseph retained Plaintiff 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 retaine...

Excerpt: ...the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 4 January 2021. Please specify the issue to be contested when calling the Court and Counsel. Order on Motion of Defendant Weiping Xia to Quash 22 Separate Deposition Subpoenas for Production of Business Records. I. Statement of Facts. This case is one of the more kinetic files that this Court has seen in recent times….. A. The Complaint....

Excerpt: ...ng the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 4 January 2021. Please specify the issue to be contested when calling the Court and Counsel. Orders on: 1. Motion of Plaintiff/Respondent Douglas Arroyo to Dismiss Defendants Appeal; and 2. Appellant's Motion for a Fee Waiver. A hearing on the above matters was held on November 10, 2020. Appellant did not appear and Appellant's appeal w...

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 4 January 2021. Please specify the issue to be contested when calling the Court and Counsel. Order Granting Motion of Defendants for Protective Order. I. Statement of Facts. Plaintiff filed this complaint on 7 December 2018.13 This is a premises liability case. Plaintiff alleges that on 29 Decem...

Excerpt: ...request[] that a crime be investigated” and “the alleged perpetrator of the crime be prosecuted.” (Complaint, Ex. F.) On August 13, 2015, the manager of the Public Inquiry Unit of the Office of the Attorney General responded by letter to Plaintiff's request, indicating that if Plaintiff had information about a crime, she should file a report with the police or sheriff's department in the area where the crime occurred. (Ibid.) The manager's ...

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 4 January 2021. Please specify the issue to be contested when calling the Court and Counsel. Order On Demurrer Of Defendant Mallikarjuna Kambala To Complaint Of Plaintiff Dorin Marginean. I. Statement of Facts. On or about 2 June 2018, defendant Mallikarjuna Kambala (“Kambala”) crashed his vehicle into the Sonesta Si...

Excerpt: ... by Maria Elrod, causing her to suffer significant injuries. The vehicle driven by Maria was registered to defendant Roger Elrod. B. Procedural Plaintiffs filed the original complaint on December 23, 2019, naming Jane Doe, Roger Elrod, and Does 1‐20 as defendants. On July 27, 2020, Plaintiffs filed an amendment to the complaint substituting Maria for Jane Doe. 1 On October 6, 2020, Maria filed the instant demurrer to the amended complaint based...

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 4 January 2021. Please specify the issue to be contested when calling the Court and Counsel. Order On Demurrer of Cross‐ Defendant Allied Property and Casualty Insurance Company to Cross‐Complaint of Kent Stokesberry and Stephanie Stokesberry. I. Statement of Facts. Defendants Kent Stokesberry ...

Excerpt: ...ant operates a hotel in Campbell, where Plaintiff was employed as a front desk clerk. (SAC, ¶¶ 2, 10.) Defendant failed to include shift premiums, bonuses, and other incentive pay in employees' overtime rates of pay, thereby failing to pay all wages owed. (Id., ¶ 31.) It also committed meal period violations including failing to provide timely meal breaks for shifts of longer than five hours and second meal periods for shifts of longer than te...

Excerpt: ...ying Plaintiff because she was unable to process payments using her international bank and was unable to write checks through her bank account in the United States. (See complaint, ¶ 7.) At that point, Mikaela's mother, defendant Meruert Berkalieva (“Meruert”) began paying for the tutoring services. (See complaint, ¶ 8.) Meruert urged Plaintiff to invoice her quarterly because Meruert was incurring high flat fees for international banking c...

Excerpt: ...ng out of plaintiff Taurean Dyer's (“Dyer”) proximity to and/or use of an allegedly defective microwave oven while working at Accenture on April 21, 2017. (First Amended Complaint (“FAC”), ¶¶ 2 & 7‐12.) The microwave oven was allegedly a GE product, Model No. JES2051SN2SS, Serial No. MZ 202677 L. (Id. at ¶¶ 8‐9.) As is relevant here, Dyer alleges that Haier and LG negligently designed, manufactured, assembled, installed and/or sol...