Excerpt: ...rsonal injuries arising out of a trip and fall. According to the allegations of the complaint (“Complaint”), on January 24, 2018, Plaintiff tripped and fell because of a broken, uneven and unlevel public sidewalk in front of 539 Carver Street in San Jose (the “Property”) and suffered injuries as a result. The Property is owned by Defendants, who allegedly failed to maintain the condition of the adjacent sidewalk as was their obligation to...

Excerpt: ... This action arises from an employment dispute between Jain and his former employer, Samsung. According to allegations of the operative fourth amended complaint (“FAC”), Jain, a 53‐year old technology researcher, began working for Samsung in June 2014, as a principal engineer and biosensing lead. (FAC, ¶¶ 1 & 12.) During his employment, Jain was part of the Think Tank Team (“TTT”) and worked under the supervision of Mistry and Sadi. (...

Excerpt: ...e in‐home care for Barton, who needed such care due to physical disabilities and limited mental capacity. (First Amended Complaint [“FAC”] at ¶12.) In or about October 2017 SYW (which are alleged to be owned and operated by Dumbuya) were hired to provide additional in‐home care. (FAC at ¶13.) Plaintiff provided in‐home care for Barton during the day while Dellard, an SYW employee, provided such care overnight. (Id.) Plaintiff further ...

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 24 August 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 I. Statement of Facts. On 4 October 2019, appellants Classic Pet Grooming, Inc. (“...

Excerpt: ...ty 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. DEFENDANT NISSAN NORTH AMERICA, INC.'S DEMURRER TO THE COMPLAINT I. Statement of Facts. Plaintiff Peter Phan (“Plaintiff”) filed this Complaint on 25 March 2020.2 This is a lemon law action brought by Plaintiff against defendant Nis...

Excerpt: ...ock Redemption Agreement (“Agreement”). (SAC at ¶5.) A copy of the Agreement is attached to the SAC as exhibit A. The parties later signed an amendment to the Agreement on January 1, 2002 to reflect a stock split. (SAC at ¶12.) A copy of the amendment is attached to the SAC as exhibit B. The amendment clearly states that “[a]s of November 1, 2000, Higashi still owns 28 shares of the Corporation, which the Corporation will completely redee...

Excerpt: ..., ¶¶ 6, 12.) Tuyet and coworker and cross‐defendant Thy Vo (“Vo”) then scratched off numbers off one of the tickets which was not a winner. (See FAXC, ¶ 12.) Vo then asked Binh for permission to scratch off another ticket, and Vo scratched off the ticket, which was a winning ticket for $750,000. (Id.) Vo gave the ticket back to Binh, who presented it to the cashier and received a claim receipt stating that he won $750,000. (Id.) Binh sub...

Excerpt: ... predecessor in interest, and it operated a drugstore at the leased premises for many years (most recently under the name CVS). In April 2016, in contemplation of relocating this drugstore, Longs executed a sublease with plaintiff Goodwill of Silicon Valley (“Goodwill”). (Compl., ¶ 7.) Longs and Goodwill agreed Goodwill would take over the space when Longs finished relocating its drugstore. (Compl., ¶ 7.) Two years later, in early 2018, Lon...

Excerpt: ...The court now issues its tentative ruling as follows: I. INTRODUCTION Plaintiff Tevita Tuifua (“Plaintiff”) filed this case as a putative class action, alleging various wage and hour violations. The Complaint sets forth the following causes of action: (2)3 Violation of California Labor Code Section 226; (3) Unlawful, Unfair, and Fraudulent Business Practices Pursuant to Business & Professions Code Section 17200, et seq.; and (4) Private Attor...

Excerpt: ...its tentative ruling as follows: I. INTRODUCTION This is a putative consumer class action brought pursuant to the California Rosenthal Fair Debt Collection Practices Act (“RFDCPA”). Plaintiff Frederick Michele Brady (“Plaintiff”) seeks statutory damages against defendant Patenaude & Felix (“Defendant”) arising from its routine practice of sending initial written communications that fail to provide the “Consumer Collection Notice” ...

Excerpt: ...The court now issues its tentative ruling as follows: I. THE AUGUST 7 ORDER AND SUPPLEMENTAL BRIEFING On Friday, August 7, 2020, this court entered an Order Re: Motion for Dismissal of Class Action (“Order”), which is incorporated herein. In the Order, the court declined to grant the joint motion to dismiss the class action based on the record evidence and ordered the Parties to proceed as follows: Based on this showing, the court cannot fulf...

Excerpt: ...nt 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 his attorney fees, costs, and service awards. 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,...

Excerpt: ...uling as follows: I. INTRODUCTION This is a case for recovery of penalties under California's Private Attorneys General Act of 2004 (“PAGA”) based on various alleged wage and hour violations. The Complaint, filed on January 29, 2019, sets forth a single PAGA cause of action. The parties have now reached a PAGA settlement. Plaintiffs Adolph Cruz, Jarlath Reynolds, William Saldivar, and Xiang Yang (collectively, “Plaintiffs”) move for appro...

Excerpt: ...dant 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 overt...

Excerpt: ...t 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. 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 Discharge...

Excerpt: ...Road and Keith Way in Morgan Hill. A house fronts Keith Way on the east side of the parcel while a commercial building occupied by tenant Enterprise Rent‐a‐ Car fronts Monterey Road on the west side of the parcel. South of Plaintiffs' land is a cluster of neighboring parcels that also span from Monterey Road on the west to Keith Way on the east, which parcels are the site of the new apartment complex planned, developed, and constructed by def...

Excerpt: ...ns of the SAC, Plaintiff attended the San Jose Sharks season opening hockey game against the Philadelphia Flyers on October 4, 2017. (SAC, ¶¶ 1 15.) Plaintiff alleges that a contingent of Flyers fans in his section were unruly and rowdy, resulting in taunting between fans and beer being thrown. (Id., ¶¶ 16, 17.) Plaintiff further alleges that the Flyers fans shouted profanities at him and other Sharks fans, and that one particular Flyers fan,...

Excerpt: ...019, plaintiff Sarah Vaughn was admitted to Covia's facility; she was wheelchair bound, considered nonambulatory and required two people to assist in physical movement. (See FAC, ¶ 12.) Covia assigned Rodriguez to the care and custody of Plaintiff as a certified nursing assistant. (See FAC, ¶¶ 13‐14.) On June 9, 2019, Rodriguez sexually assaulted and battered Plaintiff. (See FAC, ¶ 15.) After Plaintiff reported the incident to Covia's direc...

Excerpt: ...aintiff to compel Defendant to provide further responses to requests for production of documents, set one (“RPD”); and (4) the motion by Plaintiff to compel Defendant to provide further responses to form interrogatories, set one (“FI”). Factual and Procedural Background This is a lemon law action. According to the allegations of the complaint, on August 18, 2015, Plaintiff purchased a 2015 Cadillac Escalade vehicle (“Vehicle”) contain...

Excerpt: ...eged to be a property management company which acted as the broker for the rental and Defendant Robert Zuvela was the agent who completed the rental deal on behalf of Realty World. Plaintiff alleges that the pool was dangerous because “[t]he back‐yard swimming pool itself did not have a method of exiting the pool at the deep end.” (First Amended Complaint [“FAC”] at ¶¶15‐16.) Plaintiff further alleges that the Patel Defendants and D...

Excerpt: ... Home and Gilroy Funeral Home (collectively, “the Habings”), which entities purchased the Mt. Hope Memorial Park from Alderwoods Group, Inc. in 2004.2 In 1992, before the Habings purchased the cemetery, a decedent unrelated to Plaintiffs was incorrectly interred in one of the graves at their family's plot (grave 10) instead of in the neighboring double‐depth grave where the decedent and his wife were to be interred together (grave 8). (FAC,...

Excerpt: ...AC”), ¶12.) In or around 2003, Maintenance Inc. merged with a competitor, Industrial Janitorial Service and the two companies began operating under the name Industrial Janitorial Service (“IJS”). (Id.) When the companies merged, IJS was performing janitorial services throughout the country for various defendant Apple Inc. (“Apple”) retail stores, responsibilities which IJS assumed after the merger. (FAC, ¶13.) To sustain its image of ...

Excerpt: ...tory relief, among other things, arising out of the relationship between SCSA, which owns Levi's Stadium (the “Stadium”), and StadCo, which leases the Stadium from SCSA as the home of the San Francisco 49ers professional football team (the “49ers”). Stadium Manager manages and operates the Stadium and thus serves both SCSA and StadCo. According to the allegations of the operative FACC, on March 28, 2012, SCSA, as landlord, and StadCo, as ...

Excerpt: ... Give Life, Save Life Foundation), which is broadcast by defendant Poor Peoples' Radio, Inc. via its station KPOO. During Crawford's radio show, he discussed his relationship with Plaintiff and her personal information with defendant Loma Kaye Flowers, a licensed psychiatrist who occasionally appears on Crawford's show and who counseled Plaintiff and Crawford as a couple earlier in their relationship.5 Plaintiff asserts causes of action against t...

Excerpt: ... prosecuting an underlying business litigation and fraud case for Mohebbi in its capacity as co‐counsel with the law firm of Holland & Schenone (hereinafter “RHHS”). Subsequently, Mohebbi filed an action against Plaintiff for legal malpractice, fraud, overbilling and other claims that arising out of the prosecution of the underlying business litigation and fraud case that gave rise to Plaintiff's claim. The two cases were consolidated under...