Excerpt: ... in that order. Before the Court is plaintiff's motion for final approval of the settlement and for approval of his 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, whether certification of the class was proper, and whether the attorney fee award wa...

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 23 September 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON DEMURRER BY NON PARTY: GERSHON MOSHE HAHN, AN INDIVIDUAL TO THE COMPLAINT FOR DAMAGES BY PLAINTIFF AND MOTION TO COMPEL PARTIES TO ARBITRATION AND STAY PROCEEDINGS I. Statement of Facts. On or a...

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 APPLICATION OF PLAINTIFF TO AMEND THE COMPLAINT. I. Statement of Facts. This action arises out of a car crash on May 5, 2017. Plaintiff, Eldon Grupp (Mr. Grupp), In Pro Per, filed his complaint in the action on May 1, 2019. Mr...

Excerpt: ...re as an attorney.” (Burnete v. La Casa Dana Apartments (2007) 148 Cal.App.4th 1262, 1267, internal citations omitted.) The original and still operative Complaint in this matter was filed on May 12, 2020. It states claims for: 1) Breach of Contract, of a purported written settlement agreement attached to the Complaint as exhibit A (Complaint at ¶19); 2) Breach of Duty of Loyalty; 3) Breach of the Implied Covenant of Good Faith and Fair Dealing...

Excerpt: ...n a decade ago, defendant Keysight Technologies (“Defendant”), through its predecessor, commenced a concerted campaign to mislead plaintiff Guzik Technical Enterprises (“Plaintiff”) into believing the two were forming a “partnership” centered around the development and sale of high‐end analog‐to‐digital conversion (“ADC”) digitizers. (Complaint, ¶ 3.) In 2007, Defendant first convinced Plaintiff to form a long‐term commer...

Excerpt: ...mber 23, 2020 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action. According to the allegations of the Second Amended Class Action Complaint for Damages and/or Declaratory Judgment and/or Injunctive Relief (“SAC”), filed on May 12, 2020, plaintiff Lowri McGill (“Plaintiff”) was a resident and tenant at a residential rental property known as Vine by Vintage. (S...

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 21 September 2020. Please specify the issue to be contested when calling the Court and Counsel. DEMURRER AND MOTION TO STRIKE TO THE SECOND AMENDED COMPLAINT. This matter is currently set for a Case Management Conference on 6 October 2020 at 10:00 am in this Department. This Court will entertain calendar issu...

Excerpt: ...5, 2018, Suzhou and Vitriflex entered into a memorandum of understanding for the M&A transaction plan in which Suzhou would loan Vitriflex $1.7 million through Plaintiff to keep the daily operation of Vitriflex. (Id.) On September 12, 2018, Plaintiff and Vitriflex entered into an Equipment Procurement Contract and Supplementary Contract to the Equipment Purchase Contract. (See FAC, ¶ 14, exh. A.) Plaintiff agreed to wire $1.7 million as a deposi...

Excerpt: ... According to the allegations of the operative First Amended Complaint (“FAC”), in April 2017, CrossComplainants and defendants Nathan Van and Huong Le aka Nancy Le (collectively, “Defendants”) held themselves out to Nguyen as registered franchisors of Blackball Taiwanese dessert restaurants in California. (FAC, ¶ 10.) They further represented to her that they had the right to act as a franchisor and that Nguyen would have exclusive righ...

Excerpt: ...t 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 21 September 2020. Please specify the issue to be contested when calling the Court and Counsel. DEMURRER TO THE COMPLAINT BY DEFENDANT SERGIO VON SCHMELING I. Statement of Facts. Plaintiffs Loban Willow Glen Properties, LP, Willow Glen Plaza, LLC and Willow Glen Plaza II, LLC (collectively, “Plainti...

Excerpt: ...e July 3, 2017. (Complaint, ¶ 7.) On October 4, 2019, Plaintiff complained to his warehouse supervisor and the quality inspection supervisor about fumes he observed in the warehouse, both visually and by smell. (Id., ¶ 8.) Specifically, Plaintiff complained that the hot melt machine in the warehouse was creating dangerous fumes that were not being properly ventilated. (Id.) Plaintiff asked his supervisors how it could be fixed, but instead of m...

Excerpt: ...eet, 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 21 September 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON DEFENDANT'S MOTION FOR A PROTECTIVE ORDER. I. Statement of Facts. Plaintiff Pacific Office Automation, Inc. (“Plaintiff”) is one of the largest independent office equipment dealers in the United Sta...

Excerpt: ...raud after Roberts obtained a bail bond to secure Moore's release from jail. Defendant Hoffman allegedly withheld BIC's response to a demand letter in order to lure Plaintiffs into spending thousands of dollars on a lawsuit. Defendant Hoffman charged Plaintiffs an unconscionable fee, withheld documents, failed to fully advise Plaintiffs, placed his own financial interest ahead of Plaintiffs, conducted costly unapproved actions, and did not provid...

Excerpt: ... and H‐P A San Jose, LLC (“H‐P”) were the owners and/or property managers of real property located at 1170 Olinder Court in San Jose, California. (Complaint, ¶¶ 10‐11.) SBCC was the general contractor “in charge of safety and conditions of the real property.” (Id. at ¶¶ 9 & 74.) Lopez was “employed by Cold Storage Design & Build, LLC [(‘Cold Storage')], a subcontractor on the … site.” (Id. at ¶ 76.) Highridge, H‐P, an...

Excerpt: ...n 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 21 September 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON DEFENDANT VICTOR BRINGAS CONSTRUCTION'S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION OF THE ISSUES; TRIAL SETTING CONFERENCE. I. Statement of Facts. On 1 July 2017, on W. Alma at or...

Excerpt: ...y 30, 2019, defendant Varsity Tutors LLC (“Defendant”) sells and provides private tutoring services. (FAC, ¶ 1.) At least 40,000 tutors work for Defendant nationwide. (Id. at ¶ 10.) Plaintiff Henry Mulak (“Mulak”) was employed by Defendant as a tutor for five years. (Id. at ¶ 3.) Plaintiff Alexander Charles (“Charles”) has been employed by Defendant as a tutor since May 2018. (Id. at ¶ 4.) 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ...

Excerpt: ...h retail and outlet store locations throughout the United States, including in California. (Complaint, ¶ 10.) Plaintiff began working for defendant as an hourly non‐exempt employee in February 2003, and currently works at its outlet store in Gilroy. (Id., ¶ 8.) He alleges that defendant failed to include all non‐ discretionary remuneration, including bonuses and “spiffs,” in calculating employees' regular rate of pay for purposes of pay...

Excerpt: ...LIMINARY APPROVAL OF CLASS ACTION SETTLEMENT The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on September 16, 2020 at 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, filed on February 5, 2020, sets forth the following...

Excerpt: ...ants. Case No. 19CV354170 TENTATIVE RULING RE: MOTION FOR APPROVAL OF PAGA SETTLEMENT The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on September 16, 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 representative Private Attorney General Act (“PAGA”) action arising out of various alleged wage and hour violations. The Com...

Excerpt: ...tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 16 September 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON PLAINTIFF MANUHAR PILLAI'S MOTION TO SET ASIDE DISMISSAL. I. Statement of Facts. Plaintiff filed this complaint on June 19, 2019 regarding fraud. In the moving papers, counsel for plaintiff state: “The matter was filed and served in June ...

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 16 September 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION OF PLAINTIFFS TO COMPEL DEFENDANTS TO RESPOND TOFORM INTERROGATORIES, SET 1; SPECIAL INTERROGATORIES, SET 1; AND REQUEST FOR PRODUCTION OF DOCUMENTS, SET 1. I. Statement of Facts....

Excerpt: ...rly Plaintiffs' investment in an EB5 visa program intended to provide them permanent residence status in the U.S. in exchange for financing a business in the country. According to the allegations of the Complaint, in 2012 Plaintiffs, who were Canadian citizens, were interested in becoming permanent residents of the U.S. (Complaint, ¶ 32.) One manner of doing so was through the U.S. Citizenship and Immigration Services (“USCIS”) Investor Pilo...

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 16 September 2020. Please specify the issue to be contested when calling the Court and Counsel. DEMURRER TO THE FIRST AMENDED COMPLAINT BY DEFENDANTS DAVE KOEHLER AND TONY BAYARD DE VOLO DBA LEGAL REALTY. I. Statement of Facts. Plaintiffs filed this Complaint on 9 May 2019. 2 This is an action for elder abuse a...

Excerpt: ...sband Peter V. Lunardi, III; (3) defendant and crosscomplainant Eric Swallow, a former business partner (“Swallow”); (4) cross‐defendant Patrick Tierney (“Tierney”); and (5) other defendants1 neither named in the cross‐ complaint at issue nor implicated in the proceeding currently before the Court. Before the Court is a motion to strike and demurrer to Swallow's third‐amended crosscomplaint (“TACC”) brought primarily by Tierney ...

Excerpt: ...et, 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 MOTION OF PLAINTIFF TO QUASH SUBPOENA FOR MEDICAL RECORDS. I. Statement of Facts. Plaintiff filed this complaint on 7 February 2018.8 Jury trial is currently set for 7 December 2020.9 On 3 December 2016,...