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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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...

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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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...