Excerpt: ... 14, 2019, Plaintiff sustained a workplace injury when a heavy door struck her on the back causing injury. (Complaint, ¶ 12.) Plaintiff was pregnant at the time of the injury and this was known to Defendants. (Ibid.) Plaintiff promptly notified Defendants about her injury. (Id. at ¶ 13.) At all relevant times, Defendants were fully aware of Plaintiff's injury and offered to pay for her medical treatment. (Ibid.) Defendants allegedly failed to p...

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 First Amended Complaint (“FAC”), filed on March 26, 2020, 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 Vacation Wages; (5) Failure to Indemnify; (6) Failure to Provide ...

Excerpt: ...his is a putative class action arising out of various alleged wage and hour violations. The First Amended Complaint, 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 Upon Separation of Employment and Within the Required Time; (6) Viol...

Excerpt: ...ealthCare Nutrition, Inc. and Nestle Health Sciences US Holdings, Inc. (collectively, “Defendants”) manufacture, market, and sell food products in California that contain lead. (Complaint, ¶¶ 3‐4.) Defendants failed to provide a warning as required by California's Safe Drinking Water and Toxic Enforcement Act that ingestion of at least one of their products, Nestle COMPLEAT ORGANIC BLENDS Pediatric Plant‐Based Blend, will result in expo...

Excerpt: ...rtment 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 September ...

Excerpt: ...ober 7, 2020 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a representative action brought pursuant to the Private Attorneys General Act of 2004 (“PAGA”) arising out of various alleged wage and hour violations. The Second Amended Complaint (“SAC”), filed by plaintiff Robert Buchanan (“Plaintiff”) on November 5, 2019, sets forth the following causes of action: (1) Penalties ...

Excerpt: ...int, Plaintiff entered into a written listing agreement with Defendant, a licensed real estate agent, whereby Defendant agreed to list Plaintiff's real property for sale. (Complaint, ¶¶ 1‐3 & 11.) Plaintiff informed Defendant that “he wanted to sell his property as part of a 1031 Exchange so that he could obtain the tax advantages of such sale/exchange.” (Id. at ¶¶ 12 & 15.) Defendant assured Plaintiff she “would take the necessary st...

Excerpt: ... “UCL”). Both Plaintiffs are in the business of semi‐conductor/miscellaneous electronic equipment and parts, refurbishment and repair. (FAC, ¶¶ 1‐2.) New Tec possesses one of the largest inventories of legacy electronic equipment parts, acquired over years with permission from sought after Original Equipment Manufacturers of semiconductor/miscellaneous equipment and parts. (Id., ¶ 16.) Rowenn has invested time and money in the identifi...

Excerpt: ...in the course of rooming together, Defendant asked Plaintiff for a $25,000 loan for her party planning and staging business. Plaintiff agreed and wrote Defendant a check for $25,000. From November 2018 until August 2019, Defendant repaid the loan in monthly installments of $615. But on August 30, 2019, Defendant stopped making payments and also locked Plaintiff out of the Apartment. Defendant then pursued an unlawful detainer action despite alrea...

Excerpt: ...EC”). Factual and Procedural Background This action arises out of a remodel of a property located at 16235 Vineyard Boulevard, Morgan Hill, California. According to the allegations of the operative FACC, DEC is a general contractor and Precision is a tile contractor. (FAC, ¶¶ 1, 2, & 5.) Hudson and American are bonding companies. (Id. at ¶¶ 3‐4.). On or about June 5, 2018, DEC and Precision entered into a written subcontract agreement whe...

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 5 October 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON DEFENDANTS FORTY NINERS STADIUM MANAGEMENT COMPANY LLC AND FORTY NINERS SC STADIUM COMPANY LLC'S DEMURRER OR, IN THE ALTERNATIVE, PETITION TO COMPEL ARBITRATION AND TO STAY THE ACTION PENDING ARBITRATION I. ...

Excerpt: ...Napa County and transferred to this county after the Napa County Superior Court granted Defendants' motion to transfer venue. “Marvin” actions refer to the California Supreme Court's decision in Marvin v. Marvin (1976) 18 Cal.3d 660 (“Marvin”), which recognized the existence of broad contractual and equitable rights of a party in a nonmarital living arrangement. The Marvin court found that although the Family Law Act did not govern the di...

Excerpt: ... Act of 1938 (“FLSA”), and Labor Code §§ 201‐203, 226.7, 510, 512. (See complaint, ¶¶ 6‐45.) Defendant Michael A. Bonfante (“Bonfante”) is alleged to be the alter ego of BN. (See complaint, ¶ 2.) On September 17, 2020, Plaintiff filed the complaint against BN and Bonfante (collectively, “Defendants”) asserting causes of action for: 1) Violation of Fair Labor Standards Act—overtime compensation (against all defendants); 2) V...

Excerpt: ...$3,900,000. In August 2017, La Encina terminated the agreement. Group One claims it is owed $985,141. And so, Group One commenced this action to recover that sum based on causes of action for (1) breach of contract and (2) foreclosure on mechanic's lien. La Encina then filed a cross‐complaint naming Group One and its proprietor Richard Foust as cross‐defendants. La Encina claims Group One failed to complete all of the necessary work and faile...

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 5 October 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDERS ON: 1.) MOTION OF DEFENDANTS TO COMPEL PLAINTIFF TO RESPOND TO DAVID SORENSEN'S SPECIAL INTERROGATORIES, SET ONE; 2.) MOTION OF PLAINTIFF TO SEAL RECORDS, ETC. This Court observes that the matter i...

Excerpt: ...rst 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 5 October 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON DEFENDANTS' SPECIAL MOTION TO STRIKE THE COMPLAINT. I. Statement of Facts. Plaintiffs Gurmail Singh Khalsa (aka Gurmail Singh Bath) and Harpal Singh Chahal (“Chahal”) (collectively, “Plaintiff...

Excerpt: ...n of the plaintiff's individual claims. Currently before the Court is a motion by defendants Aegion Energy Services LLC (erroneously sued as Aegion Energy Services, Inc.) and Schultz Industrial Services, Inc. (previously known as Schultz Mechanical Contractors, Inc.) to consolidate Tielemans with a subsequently filed case pending in Department 3, Edgar v. Aegion Corporation, et al., (Super. Ct. Santa Clara County, Case No. 20CV362163). The plaint...

Excerpt: ...quired a trip to the emergency room and several subsequent surgeries to repair her torn nose. The attack occurred while Plaintiff was walking her dog (“Basil”) near her home in the Belagio Villas condominium complex in San Jose. A pit bull (“Panda”), having escaped the control of nonparty Wayne Rivas, ran up to them and began attacking Basil and then Plaintiff when she picked Basil up to get him away from Panda. Wayne Rivas and Panda appa...

Excerpt: ...ugh assessment in connection with arranging a loan. (See SAC, ¶ 22.) In February 2016, Plaintiffs entered into a loan agreement with CHL for the amount of $1,150,000, secured by a deed of trust on the subject property to be processed, serviced and managed by Kenoyer, and defendant K.C. Knapp (“Knapp”) of CHL. (See SAC, ¶ 23.) Unbeknownst to Plaintiffs, Knapp had his real estate broker's license revoked on January 9, 2016, prior to the loan ...

Excerpt: ...ed onto her, scratching a blister on her toe. This ultimately led to an infection and the amputation of her toe. Defendant is alleged to have negligently owned, maintained, managed, and operated the Property by failing to supervise the subject dog. D. Procedural Plaintiff filed the Complaint on April 9, 2018, asserting claims for (1) general negligence and (2) premises liability. On June 22, 2020, Defendant filed the instant motion for summary ju...

Excerpt: ...(the “Property”). According to the allegations of the underlying complaint, on August 25, 2017, Defendant/cross‐complainant Sara Ruth Langton (“Sara”),2 as surviving trustee of The John and Sara Langton Jr. 1996 Living Trust (the “Langton Trust”), sold the Property to Plaintiffs. (Complaint, ¶¶ 3, 10.) Sara executed a grant deed transferring her interest in the Property to Plaintiffs for valuable consideration. (Id., ¶ 11, Exhibi...

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: ...c. and the purchase of real property located at 1708 McCarthy Boulevard, Milpitas, California. Plaintiff initiated the action against John Traub and Carolina Traub, as individuals and co‐trustees of the 1994 Inter Vivos Trust, and John Traub II on February 20, 2019. Plaintiff subsequently amended his pleading on several occasions. In December 2019, Plaintiff filed a second amended complaint (“SAC”) alleging causes of action for: (1) fraud; ...

Excerpt: ...“Property”). According to the allegations of the complaint, plaintiff Norma Erwin (“Plaintiff”) is the owner of the Property and the obligor on a first lien mortgage loan secured by the Property. (Complaint, ¶ 1.) Plaintiff initially purchased the Property in 2004, and refinanced the mortgage loan in 2006. (Id. at ¶ 8.) Deutsche is the current investor of Plaintiff's loan and Nationstar is the current servicer. (Id. at ¶¶ 8 & 12.) Pur...

Excerpt: ...is of the settlement and settlement class 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 Approving a Class Action/PAGA Settlement Generally, “questions whether a settlement was fair and reasonable, whether notice to the class was adequate, whether certification of t...