Excerpt: ...funds in or around December 2019, from Plaintiff's bank account by its outside financial services provider, Spot On Consulting to a fraudulently created bank account as the result of an e‐mail generated from Plaintiff's vendor, Exemplis LLC, the resulting data breaches of Exemplis LLC's data, as well as the disclosure of Plaintiff's banking data by Spot On in executing the fraudulent transfer. On 11/9/2020, Defendants Spot On Consulting, Laddy ...

Excerpt: ...ssion upon which Harmony raised funds. (Complaint, ¶2.) Defendant Tse defrauded Plaintiff out of his ownership rights in Harmony. (Complaint, ¶3.) Defendant Tse used Harmony's assets to incorporate a new company, defendant Simple Rules Company (“Company”). (Id.) Defendant Tse lied and told Plaintiff he had no ownership interest in defendant Company. (Id.) Defendant Tse offered Plaintiff a job and five percent (5%) ownership/ token rights in...

Excerpt: ...ort her demand. (Code Civ. Proc., § 430.10, subds. (a) and (e).) Plaintiff opposes the demurrer. As explained below, the Court OVERRULES Defendant's demurrer. I. BACKGROUND Plaintiff is a beneficial stockholder of defendant Align Technology, Inc. (“Align” or the “Company”), a Delaware corporation with principal executive offices in San Jose (Amended Complaint, ¶¶ 1, 8, 9.) On February 22, 2019, she sent a demand to the Company to exerc...

Excerpt: ...ant sells home renovation and design products and services and does business throughout California, including in Santa Clara County. (Class Action Complaint, ¶ 4.) Plaintiff was employed by Houzz as a non‐exempt employee from August 10, 2015 through December 6, 2018. (Id. at ¶¶ 7–8.) She alleges that she and other putative class members were not paid at least the minimum wage for all hours worked; were not paid the correct rates for overti...

Excerpt: ...��District”). (Complaint at ¶ 10.) In the 2017‐18 school year, Plaintiff was hired as a certificated probationary teacher at the same middle school. (Id. at ¶ 11.) On January 25, 2018, a parent made racial comments to Plaintiff over the District's phone. (Complaint at ¶ 13.) In response, Plaintiff called Heidi Galassi (“Galassi”), the assistant principal and her immediate supervisor, and reported the harassment by the parent. (Id. at �...

Excerpt: ...1867 TENTATIVE RULING RE: MOTION TO QUASH The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on December 16, 2020 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: // // 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I. INTRODUCTION This action arises out of alleged trade secret misappropriation. The Fourth Amended Complaint, filed on May 18, 2020...

Excerpt: ...ve ruling as follows: I. INTRODUCTION This is a putative class action arising out of various alleged wage and hour violations. The Second Amended Class and Representative Action Complaint sets forth the following causes of action: (1) Knowing and Intentional Failure to Issue Accurate Wage Statements; (2) Injunctive Relief; (3) Failure to Pay for All Hours Worked; (4) Failure to Authorize and Permit Off‐Duty Paid Rest Breaks and Pay Premium Pay;...

Excerpt: ...t 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 (“FAC”), filed on October 5, 2018, 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 to Pay ...

Excerpt: ...partment 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, brought by plantiff Aurelio Landa (“Plaintiff”) against defendants Christopher Ranch, LLC (“Christopher Ranch”) and B & A International Farm Labor Services, Inc. (“B & A”) (collectively, “Defendants”). According to the allegations of the Complaint, filed on Septembe...

Excerpt: ...tiff's bank account by its outside financial services provider, Spot On Consulting to a fraudulently created bank account as the result of an e‐mail generated from Plaintiff's vendor, Exemplis LLC, the resulting data breaches of Exemplis LLC's data, as well as the disclosure of Plaintiff's banking data by Spot On in executing the fraudulent transfer. On 11/9/2020, Defendants Spot On Consulting, Laddy and Playle (the “Spot On Defendants”) de...

Excerpt: ...gal 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 retained Plaintiff to pursue claims alleging trademark infringem...

Excerpt: ... or around July 2018. (Second Amended Complaint [“SAC”] at ¶¶ 1‐3, 15.) Shortly after being hired, plaintiff Bryla informed his foreman, Tim Smith (“Smith”), about his disability. (Id. at ¶ 16.) Smith was very accommodating and tried to ensure plaintiff Bryla was treated respectfully at the workplace. (Ibid.) Plaintiff alleges that his co‐worker Jesse Aguilar (“Aguilar”) began calling plaintiff Bryla names such as “idiot,” ...

Excerpt: ...l allegedly caused by the flawed design of the sloped surface of the designated path he was riding on and the design of the bike itself. D. Procedural Plaintiff filed his Complaint on February 13, 2020, asserting claims for (1) general negligence, (2) premises liability and (3) products liability. On October 14, 2020, Truebeck filed the instant demurrer to the Complaint and each of the claims asserted therein on the grounds of failure to state fa...

Excerpt: ...Hilton Garden Inn and International Hotel Associates No. 3 LLC dba Creekside Inn‐A Greystone Hotel (“Palmetto” “Creekside”) have filed a request for joinder in the motion. The joinder request is GRANTED. Plaintiff has filed an opposition to the motion. According to defendants, plaintiff has filed over 1,700 fraudulent ADA lawsuits in the state and federal courts and was suspended by the Arizona State Bar for doing so. He was disbarred i...

Excerpt: ...tion for civil conspiracy and fraud arising out of marital dissolution proceedings. According to the allegations of the Complaint, Plaintiff and Robert were married from August 5, 1985 to April 8, 2018. (Complaint, ¶ 13.) Robert and his attorney, Baugh, allegedly engaged in a civil conspiracy to “pervert or obstruct justice” in the aforementioned dissolution case (the “Dissolution Action”) in order to deprive Plaintiff of attorney's fees...

Excerpt: ... associated with a consumer credit account issued by Credit One Bank, N.A. (Class Action Complaint, ¶ 12.) Plaintiff denies that he owes any debt on this account. (Ibid.) On or about February 22, 2019, Credit One sold the alleged debt to Defendant for collection. (Id. at ¶ 14.) MCM sent Plaintiff an initial collection letter on February 25, 2019. (Complaint, ¶¶ 16–17.) Plaintiff alleges that the letter violated Civil Code section 1788.52, s...

Excerpt: ..., LLC dba City Sports Club. As explained below, the Court GRANTS Ageless's motion. I. BACKGROUND4 Plaintiff filed the original complaint in this action on August 2, 2016, alleging that he was injured when he fell into a hole in the ground on his Sunnyvale worksite on August 6, 2014. He named Fitness International among other defendants. Plaintiff asserts claims for general negligence and premises liability against the defendants. On October 28, 2...

Excerpt: ...rth in that order. Before the Court are Plaintiff's motions for final approval of the settlement and for approval of his attorney fees, costs, and service award. Plaintiff's motions are unopposed. 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 adequate, whether certification of the class was proper, and whether the attorne...

Excerpt: ... are set forth in that order. Before the Court is Plaintiffs' motion for final approval of the settlement and for approval of their attorney fees, costs, and service awards. Plaintiffs' motion is unopposed. I. LEGAL STANDARDS FOR SETTLEMENT APPROVAL A. Class Action Generally, “questions whether a [class action] settlement was fair and reasonable, whether notice to the class was adequate, whether certification of the class was proper, and whethe...

Excerpt: ..., 161 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 9 December 2020. Please specify the issue to be contested when calling the Court and Counsel. Demurrer And Motion To Strike The Cross‐Complaint By Cross‐Defendants Security Industry Specialists, Inc. And Gary Sokol. I. Statement of Facts. A. First Amended Complaint. This action ari...

Excerpt: ...allegedly used his position with Exadel to convince Plaintiff to begin and continue a sexual relationship with him. (Ibid.) For example, Defendant falsely promised Plaintiff that “she could extend the time to exercise her stock option until the company consummates a sale.” (Ibid.) Plaintiff and Defendant began a sexual relationship in October 2013. (FAC, ¶¶ 7‐9.) Prior to the commencement of their relationship, Plaintiff asked Defendant i...

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 9 December 2020. Please specify the issue to be contested when calling the Court and Counsel. Order On Demurrer to Verified Complaint for Damages. I. Statement of Facts. Plaintiffs Young Jae Shin (“Shin”) and Hee Kyung Lee (“Lee”) (collectively, “Plaintiffs”) are shareholders of nominal defendant Amber Prec...

Excerpt: ...al; and DOES 1 through 10, Defendants. Case No. 19CV359891 TENTATIVE RULING RE: PETITION TO COMPEL ARBITRATION AND STAY CASE The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on December 9, 2020 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION Plaintiff Maire Tecnimont S.p.A. and its wholly‐owned affiliate, plaintiff MET Gas Processing Technologies S.p.A. (...

Excerpt: ...1867 TENTATIVE RULING RE: MOTION TO QUASH; DEMURRER AND MOTION TO STRIKE; MOTION TO QUASH; MOTION TO STAY ORDER The above‐ entitled action comes on for hearing before the Honorable Patricia M. Lucas on December 9, 2020 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: // // 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I. INTRODUCTION This action arises out of alleged trade secret...

Excerpt: ...artment 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 Class Action Complaint sets forth the following causes of action: (1) Failure to Pay Overtime Wages; (2) Failure to Pay Minimum Wages; (3) Failure to Provide Meal Periods; (4) Failure to Provide Rest Periods; (5) Wage Statement Violations; (6) Waiting Time Penal...