Excerpt: ...t (“FAC”), ¶ 4.) He worked there as a sales associate until his employment was terminated on December 8, 2019. (Ibid.) Plaintiff alleges that defendant failed to list hourly rates and hours worked for the “Retro Pay” item of hourly wages on wage statements issued to plaintiff and other aggrieved employees, in violation of Labor Code section 226, subdivision (a)(9). (Id., ¶ 15.) Based on these allegations, plaintiff filed this action on ...

Excerpt: ...nment by making inappropriate comments, leering at him, and asking other male employees whether they liked him. Then, in July 2019, Reynoso groped Plaintiff at a job site in front of two Foremen Supervisors. Plaintiff rejected this behavior and complained, but neither the Foremen Supervisors nor Mancini intervened in the moment or thereafter. After Plaintiff complained, Mancini refused to provide him with information about his next job and requir...

Excerpt: ...nt, Plaintiffs are the owners of a property located at 670 E. Duane Ave in Sunnyvale (the “Property”). (Complaint, ¶ 11.) On October 9, 2018, Plaintiffs took out a loan with Defendant in the amount of $975,000 secured by a deed of trust on the Property. (Id., ¶ 12.) During the initiation of the process to obtain the loan, Plaintiffs requested a five‐year term but were informed by Defendant, through its employee Zoe Hamilton (“Hamilton�...

Excerpt: ...ive ruling as follows: I. INTRODUCTION This is a putative class action arising out of various alleged Labor Code violations. The Complaint, filed on August 2, 2019, sets forth the following causes of action: (1) Failure to Provide Required Meal Periods; (2) Failure to Provide Required Rest Periods; (3) Failure to Pay Overtime Wages; (4) Failure to Pay Minimum Wages; (5) Failure to Pay all Wages Due to Discharged and Quitting Employees; (6) Failur...

Excerpt: ...ants. Case No. 19CV354170 TENTATIVE RULING RE: MOTION FOR APPROVAL OF PAGA SETTLEMENT; MOTION TO SEAL The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on September 30, 2020 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is an individual and PAGA action arising out of various alleged wage and hour violations. The Complaint, filed on September 5, 2019, ...

Excerpt: ... 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 28 September 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON APPELLEE/DEFENDANT LISA REED'S MOTION FOR JUDGMENT ON THE PLEADINGS AND REQUEST FOR SANCTIONS OF $2,060.00 AGAINST KENNETH FEHL This matter was continued to this date from 25 August 2020. I. Statement of Fa...

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 14 September 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON DEMURRER OF DEFENDANTS NRT WEST, INC., COLDWELL BANKER RESIDENTIAL BROKERAGE COMPANY, AND JEFF BELL TO FIRST AMENDED COMPLAINT I. Statement of Facts. Defendant Jeff Bell (“Bell”) was the acti...

Excerpt: ...en owners Paul and Toni Liccardo to purchase the Property for $2,695,000. Plaintiff alleges an unspecified grant deed described three constituent parcels, namely an easement, a portion of Wood Road, and another parcel that was the “substance of the property conveyed.” (SAC, ¶ 11.) Plaintiff and RADE planned to renovate and resell the Property within 18 months of purchase with Plaintiff financing the renovation. (SAC, ¶ 13.) As planned, RADE...

Excerpt: ...ents. According to the allegations of the operative FAC, Defendant provides staffing services to healthcare providers. (FAC, ¶ 2.) Plaintiff is a registered nurse who worked for Defendant from January 6 through January 12, 2019. (Id. at ¶¶ 1 & 17.) On or about January 18, 2020, Defendant issued Plaintiff a check and corresponding wage statement, specifically voucher number 0000030027, wherein Defendant listed its address as 39270 Paseo Padre P...

Excerpt: ...en owners Paul and Toni Liccardo to purchase the Property for $2,695,000. Plaintiff alleges an unspecified grant deed described three constituent parcels, namely an easement, a portion of Wood Road, and another parcel that was the “substance of the property conveyed.” (SAC, ¶ 11.) Plaintiff and RADE planned to renovate and resell the Property within 18 months of purchase with Plaintiff financing the renovation. (SAC, ¶ 13.) As planned, RADE...

Excerpt: ...derlying complaint (“Complaint”), a credit card was issued to Fisher by Synchrony Bank FKA GE Capital Retail Bank. (Complaint, ¶ 6.) Fisher used the credit card to make purchases and accrued a balance on the card. (Id.) He ultimately defaulted on the required payments, leaving an unpaid balance of $5,939.40. (Id., ¶ 8.) Fisher made his last payment on the account on February 14, 2017. (Id., ¶ 9.) CCS was subsequently assigned and transferr...

Excerpt: ...the operative complaint (“Complaint”), Plaintiff and Defendant entered into a written consulting agreement (the “Agreement”) on April 1, 2015, pursuant to which Plaintiff was to provide services in connection with a sales agreement executed between Defendant and the Santa Clara Valley Water District (“SCVWD”) for the purchase, by the former, of approximately four acres of land owned by the latter. (See Complaint, Exhibit A.) Under the...

Excerpt: ...AC”), Defendant operates retail stores throughout California. (FAC, ¶ 12.) In June 2012, Defendant hired Plaintiff as a “sales representative” at its store in Milpitas, California. (Id. at ¶¶ 11 & 15.) In late 2012 or early 2013, Plaintiff was promoted to the position of “store manager.” (Ibid.) As a store manager, Plaintiff was paid as a salaried, exempt employee. (Id. at ¶ 15.) In 2015, Plaintiff was transferred to Defendant's “...

Excerpt: ...heng”) that he had discovered a cure for Huntington's Disease, and possibly, other nucleotide repeat diseases as well, such as amyotrophic lateral sclerosis, and muscular dystrophy. (See SAC, ¶ 14.) Cohen represented that the small molecule, “NU 106” or “HD 106,” passes through the blood/brain barrier, and decreases the aggregation of the mutant protein, and the oral delivery of the molecule, coupled with a non‐invasive cell‐based ...

Excerpt: ...aint, Plaintiff had an appendectomy in December 2016. One month later, she began experiencing severe pain and gastrointestinal distress. To address her symptoms, she underwent another procedure at the end of January 2017. During this follow‐up procedure, the surgeon discovered an adhesion in her small intestine caused by a surgical staple. Plaintiff alleges the defendants caused her to suffer this additional injury because they failed to exerci...

Excerpt: ...tem purchased from PSC by non‐ party Clarke Property Maintenance on or about March 24, 2017. (See Complaint at ¶10; FAC at ¶14.) On November 20, 2019 PSC filed a cross‐complaint stating claims for 1) equitable/comparative indemnity and 2) implied indemnity against Cross‐Defendants Cleantecs GMBH and TEV Jager MBH (collectively “Cross‐Defendants”), two German limited liability companies. Currently before the Court is a motion by (spe...

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 28 September 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON (1) THE FREDERICKSON DEFENDANTS' SPECIAL MOTION TO STRIKE PLAINTIFFS' FIRST AMENDED COMPLAINT PURSUANT TO C.C.P. § 425.16; (2) THE FREDERICKSON DEFENDANTS' DEMURRER TO PLAINTIFFS' FIRST AMEN...

Excerpt: ...ted federal action. Plaintiff opposes defendants' motion. I. Allegations of the Operative Complaint According to the operative Second Amended Complaint (“SAC”), Maxar specializes in the manufacture of satellites and the provision of satellite‐related services. (SAC, ¶ 11.) At all times relevant to the Merger, the company's principal executive offices were located in California, which served as the official mailing address for nearly all of...

Excerpt: ...(“Tentative Ruling”). The Court subsequently entered an order adopting the Tentative Ruling, which was issued conditionally under seal to the parties on June 30, 2020 (“Final Order”). Before the Court is Alphabet's unopposed motion to seal portions of the Tentative Ruling and Final Order. I. Legal Standard “The court may order that a record be filed under seal only if it expressly finds facts that establish: (1) There exists an overridi...

Excerpt: ...�) to comply with a subpoena for business records. For context, Mohebbi originally sought out Aria for advice on immigration law. (Vatankhah Decl., ¶ 3.) He wanted to seek asylum and emigrate from Iran after an attempt to get a visa through the EB‐5 investor program did not work out. (Vatankhah, ¶¶ 3–4.) Mohebbi claimed that the individuals who were to procure the investment project to support his EB‐5 visa application defrauded him. (Va...

Excerpt: ... opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 23 September 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION OF PLAINTIFF TO AMEND COMPLAINT. I. Statement of Facts. On June 6, 2018, Plaintiff Paul Dickson was allegedly caught in a cloud of pesticides while jogging next to a nearby winery, Miranda Wines. (Declaration of X. Dieg...

Excerpt: ... and fell when he stepped in a hole in the ground at Sahara Mobile Village in Mountain View (the “Premises”), causing him to suffer injuries. The subject hole surrounded a plumbing pipe installed by Discount in between Plaintiff's mobile home and that of his neighbor Maria Martinez. B. Procedural Based on the foregoing, Plaintiff filed the Complaint on January 5, 2017, asserting claims for (1) premises liability and (2) general negligence. On...

Excerpt: ...ing practice and form a new practice of their own. (FAC, ¶ 8.) The surgeons met defendant Blatz—then counsel for defendant Bay Area Surgical Management, LLC (“Surgical Management”)—through an acquaintance and hired him to assist with the formation and incorporation of their new practice, including the hiring of a practice manager that could provide billing and other management services. (FAC, ¶¶ 9–11.) Blatz provided inadequate legal...

Excerpt: ... Breach of Contract (a written contract to provide online recruitment services, invoices for which are attached as exhibit 1 to the Complaint) against Cinerama Jewelry, Inc. doing business as Alex and Ani, Inc., and various Doe defendants. On January 21, 2020 the Complaint was amended to add Alex and Ani, LLC (hereafter, “Defendant”) as a named defendant in place of Doe 1. Subsequently, “Cinerama Jewelry, Inc. dba Alex and Ani, Inc.” was ...

Excerpt: ...ction and the Court's analysis of the settlement and settlement class are set forth in that order. Before the Court is plaintiff's motion for final approval of the settlement and for approval of her attorney fees, costs, and service award. Plaintiff's 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, w...