Excerpt: ...R TO FIRST AMENDED COMPLAINT The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on September 2, 2020 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a construction defect action. According to the allegations of the First Amended Complaint (“FAC”), filed on January 17, 2020, an entity named 360 Residences, LLC entered into a contract in 2008 with B...

Excerpt: ...emises”) from December 15, 2015 to March 8, 2019. (Complaint, ¶ 1.) Plaintiff alleges that the Premises suffered from many defects and conditions and she notified defendants, including property manager Mynd, of the same. (Id., ¶¶ 13‐16.) However, the defendants refused and failed to adequately address her concerns or did so in a “negligent, unprofessional, and shoddy fashion.” (Id., ¶ 14.) She further alleges that, among other things,...

Excerpt: ...ended 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 Pilot Program, commonly referred to the as the EB‐5 vis...

Excerpt: ...of section 473(b); and b) under the “discretionary” prong of section 473(b). Defendants seek relief under the discretionary prong, so the Court focuses on that prong. Under that prong, a moving party's application for relief under section 473(b) must be made “within a reasonable time, in no case exceeding six months, after the judgment, dismissal, or proceeding was taken.” (§ 473(b).) The trial court then has discretion to excuse the def...

Excerpt: ...y party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 2 September 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON CROSS‐MOTIONS TO ENFORCE SETTLEMENT. I. Statement of Facts. The complaint was filed on 4 February 2019. 1 The parties were 50/50 partners (and once upon a time close family friends) in a construction joint venture, mos...

Excerpt: ...ked at United in several capacities, including as a veterinarian, development director, and hospital medical director; he executed agreements for each of these roles. (SAC, ¶ 15.) Plaintiff claims that United and its staff— including defendants Denise Shirey (hospital administrator) and Andrea Moore (President of United's Board)—commenced an investigation based on pretext, placed him on administrative leave, wrongfully terminated him without...

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 2 September 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, FOR SUMMARY ADJUDICATION OF ISSUES I. Statement of Facts. Plaintiff James Englehart (“Englehart”) began working for defendant Seele, Inc. (“Seele”) in or around 8 Jul...

Excerpt: ...xclusively from 2013 until 2019 when he left the company. Hernandez primarily assembled, painted, refurbished, erected, and installed signs and sign posts to market real estate. At the time Hernandez left, his hourly wage for this work was $13.00. Hernandez alleges that Opticom failed to pay him the City of San Jose's minimum wage of $13.50 per hour in 2018 and $15.00 per hour in 2019 and failed to pay him overtimes wages for the excess hours he ...

Excerpt: ...ally necessary and physician‐ordered services to the respective patients, and charged the reasonable value of services provided. (See TAC, ¶¶ 36, 45, 53.) Patient 1 did not identify any health care coverage when she presented herself to DMC and thus was registered as uninsured; however, it was later discovered after she was discharged that she was actually covered through Valley Health Plan, a public health plan operated by and through defend...

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 2 September 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDERS ON: 1. MOTION OF PETITIONER TO CONFIRM ARBITRATION AWARD; AND 2. MOTION OF RESPONDENT TO VACATE ARBITRATION AWARD. I. Statement of Facts. This petition was filed on 7 May 2020. 2 Petitioner Five Oa...

Excerpt: ...an (“Hoffman”) and Professional Association Services, Inc.'s (“PAS”) demurrer to the FACC and motion to strike portions contained therein; (3) cross‐defendants Richard P. Riley (“Riley”) and Riley Pasek Canty LLP's (“RPC”) demurrer to the FACC and motion to strike portions contained therein; and (4) cross‐ defendants Posard Broek + Associates (“Posard”), Adam Posard, Onne Broek, John Drake and Lynn Htut's (collectively, �...

Excerpt: ...oprietary information and trade secrets. On March 30, 2020, Standard filed a cross‐complaint against SunPower, alleging a single cause of action for unfair competition in violation of Business and Professions Code section 17200. According to the allegations of the cross‐complaint, SunPower included unlawful and unenforceable non‐solicitation and non‐disclosure provisions in its employment agreements and separation agreements with DeBono a...

Excerpt: ...ed that the McNish family and the Stager Bikle family own neighboring parcels of land, which are held in trust by plaintiff the Ian McNish Revocable Trust Dated December 11, 2013 (the “McNish Trust”) and defendant the Stager Bikle Revocable Trust (the “Stager‐Bikle Trust”).3 The McNish Trust's property is located on Dawnridge Drive, while the Stager‐Bikle Trust's property with an address on Magdalena Avenue is landlocked.4 According t...

Excerpt: ...A”) for software consulting and development services. On April 3, 2020, Armor Scientific filed the operative FACC against TreasureLife. According to the allegations of the FACC, Armor Scientific is a start‐up company which develops and integrates cybersecurity technology for use in businesses. (FACC, ¶ 6.) On January 1, 2019, Armor Scientific entered into the written MSA with TreasureLife, under which TreasureLife would provide Armor Scienti...

Excerpt: ...se. 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 31 August 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON (1) DEFENDANTS BASEHEALTH, INC., ARDY ARIANPOUR, HOSSEIN FAKHRAI‐RAD, DANIEL HOEMKE, AND PRAKASH MENON'S MOTION TO STRIKE; (2) DEFENDANTS ARDY ARIANPOUR, HOSSEIN FAKHRAI‐RAD, DANIEL HOEMKE, AND PRAKASH MENON'S DE...

Excerpt: ...ices and fraud 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 ...

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 31 August 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION OF PLAINTIFFS TO ENFORCE SETTLEMENT AGREEMENT AND TO STRIKE DEFENDANTS' ANSWER AND CROSS‐COMPLAINT. I. Statement of Facts. Plaintiff filed this complaint on 31 October 2017. 1 It concerns a dispute between adjacent home...

Excerpt: ...hen Pham worked for it as in‐house counsel with a focus on intellectual property, including patent licensing and litigation, he was neither licensed to practice in California nor alternatively registered as in‐house counsel with the State Bar of California and had been suspended by the only jurisdiction where he held a license, Wisconsin. Verint additionally alleges that when Pham voluntarily departed to work for a direct competitor, he downl...

Excerpt: ...ng through UCLA's Institute for Technology Advancement (“ITA”) and suggested that Plaintiff present to ITA. (Id.) On October 7, 2009, Plaintiff provided Konda Tech's business presentation to Markovic and ITA in confidence. (Id.) On October 12, 2009, just prior to presenting to ITA, Markovic, for the first time, indicated that Plaintiff should not expect ITA to fund Konda Tech because ITA does not fund technologies built outside UCLA. (Id.) IT...

Excerpt: ...e funds for purposes other than the purpose for which the funds were gifted.1 Hertzfeld asserts causes of action against Tanaka for conversion and for trafficking in stolen goods under Penal Code section 496, subdivision (c). Tanaka, in turn, filed a crosscomplaint seeking indemnity and contribution from her ex‐ husband Nikolas. Before the Court is a dispute over Hertzfeld's subpoena to a third party—deponent Pulkit Gulati (“Gulati”), Tan...

Excerpt: ...ehicle”) which was manufactured, distributed, or sold by Defendants. (Complaint, ¶ 7.) In connection with the purchase, Plaintiff received an express written warranty pursuant to which Defendants undertook to preserve or maintain the utility or performance of the Vehicle or to provide compensation if there was a failure in utility or performance for a specified period of time. (Id., ¶ 8.) During the warranty period, the Vehicle contained or d...

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 26 August 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON DEFENDANT'S DEMURRER TO PLAINTIFF'S COMPLAINT I. Statement of Facts. Plaintiff Pacific Office Automation, Inc. (“Plaintiff”) is one of the largest independent office equipment dealers in the United States...

Excerpt: ...participating provider” who had no preferred provider contracts or other such standing, written contract with Defendant setting their rates of pay for services rendered, prior to when medical services were provided to covered patients. (Id., ¶ 9.) When a medical provider such as Plaintiff does not have a written agreement with a health plan, the common industry practice is for the out‐ofnetwork provider to obtain a separate oral promise and ...

Excerpt: ...r company plaintiff Pachira, LLC, originally purchased the real property from defendants Edwin and Jemelle Maspat and the operating business (defendant Allied Care, LLC) from the Maspats and defendant Carolina Dizon (“Dizon”) in 2015. But the facility was not as profitable and as scalable as Li was promised. After discovering the fraud in 2018, Li settled her claims against the parties that facilitated and brokered the transaction, namely def...

Excerpt: ...orth 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 24 August 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON DEFENDANTS AVAGO TECHNOLOGIES U.S. INC., ANTHEM BLUE CROSS LIFE AND HEALTH INSURANCE COMPANY AND ANTHEM UM SERVICES, INC.'S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDIC...