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: ... 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: ...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: ...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: ...��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: ...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: ...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...

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