Excerpt: ... claim asserted in this action does not survive Huff's death. The motion is opposed by plaintiff's son, Forrest A. Huff, who has temporarily been appointed special administrator of his estate by the Probate Division. Also before the Court is Forrest A. Huff's motion to continue the litigation pursuant to Code of Civil Procedure section 377.31, which defendant opposes. I. Factual and Procedural Background Securitas provides businesses with on‐si...

Excerpt: ... also known as a Sales Development Representative, from October 2016 to May 2017. (Complaint, ¶¶ 12‐13.) His duties included calling on potential customers and qualifying marketing‐generated leads, discussing defendant's cloud accounting and ERP software with potential customers, generating new business opportunities, and selling cloud accounting and ERP software to small to mid‐size businesses. (Ibid.) Plaintiff was paid a base salary, p...

Excerpt: ...s its tentative ruling as follows: I. INTRODUCTION This is a putative class action arising out of various alleged Labor Code violations. According to the Complaint, filed on March 21, 2016, Plaintiff Lingyu Lu (“Plaintiff”) worked as a charge nurse for defendant Surgical Care Affiliates, LLC (“Defendant”) from April 6, 2015 through October 12, 2015. (Complaint, ¶ 16.) Plaintiff alleges that throughout her employment Defendant engaged in ...

Excerpt: ...he 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)2 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 Attorn...

Excerpt: ...and services company with its principal place of business in San Ramon. (Complaint, ¶¶ 8, 14.) In recent years, the focus of BlackBerry's business has shifted from the design and development of mobile devices to the development and sale of enterprise software for the Internet of Things, including most recently AI based cyber‐security solutions. (Id., ¶ 14.) On February 21, 2019, BlackBerry acquired Cylance, Inc., based in Irvine. (Id., ¶¶ ...

Excerpt: ..., 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 17 1...

Excerpt: ...‐6.) Plaintiff offers a program of instruction where it hires Student Driver Trainees and will pay them $10.30 an hour to participate in its training program. (Id. at ¶ 5.) Plaintiff requires a participant to attend a minimum of four hours of instruction per day once the classroom training commences. (Ibid.) Upon completion, the Student Driver Trainee can then apply for a commercial driver's license and, if the student passes, Plaintiff can th...

Excerpt: ...ent of the Law Offices of Teresa Li, PC (“Law Firm”). (FAC, ¶¶ 2 & 3.) At all times, Li was the attorney of record for Wang and Hu in the case of Wang v. Santa Clara Valley Transportation Authority, et al., filed in Santa Clara County Superior Court (“Underlying Action”). (Id. at ¶ 4.) The attorney‐client contract between Li, Law Firm, Wang, and Hu “provided that the Defendants herein were authorized and would advance litigation co...

Excerpt: ...rty opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 5 August 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON DEFENDANTS' DEMURRER TO THE COMPLAINT I. Statement of Facts. This is a subrogation action. Daniel Wallis (“Wallis”) is the owner of real property located at 114 Dardanelli Lane, Apt. 50, in Los Gatos, California (“Subject...

Excerpt: .... 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 August 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON DEFENDANT WALSH CONSTRUCTION COMPANY II'S DEMURRER TO PLAINTIFF BRIAN BRYLA'S FIRST AMENDED COMPLAINT I. Statement of Facts. Plaintiff Brian Bryla (“Bryla”), utilizing the Department of Rehabilitation's services for...

Excerpt: ...C, Forty Niners SC Stadium Company LLC and Forty Niners Stadium Management Company LLC (“Plaintiffs”) and Defendant Howard, Needles, Tammen & Bergendoff California Architects P.C. (“Defendant”), the architect of record for Levi's Stadium, over the stadium's alleged noncompliance with provisions of the California Building Code and the federal Americans with Disabilities Act (“ADA”). Plaintiffs allege that this noncompliance has led to ...

Excerpt: ... Jen Hao Richard Chen (“Chen”), as owner of La Encina. (See FAXC, ¶ 12.) Prior to entering the contract, Foust questioned Chen about La Encina's ability to pay for Group One's services under the Contract; Chen assured Foust that La Encina had sufficient capital to cover the cost of the contract, it owned the property free and clear of other interests, would not leverage said equity and had money from multiple private Chinese investors. (See ...

Excerpt: ...rding to the allegations in the pleading, in 2015, Cohen and Cheng (collectively, “Defendants”) reached out to the Alafis about joining forces to develop a treatment for Huntington's disease through the company Nuredis, Inc. The Alafis would make a substantial capital investment while Defendants would contribute their scientific expertise, particularly their research into the mechanics of the gene mutation seemingly responsible for causing Hu...

Excerpt: ...further responses to requests for production of documents, set three (“RPD”). Julie opposes the motion. Neither Stephen nor Julie request any award of monetary sanctions. II. Motion to Compel The propounding party may move for an order compelling a further response to an inspection demand if the responding party's substantive response or objection is inadequate. (Code Civ. Proc., § 2031.310, subd. (a).) The propounding party must first “se...

Excerpt: ...tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 03 August 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER RE MOTION TO REOPEN DISCOVERY FOR LIMITED PURPOSE OF CONDUCTING VIDEO DEPOSITION OF RICHARD STOLL I. Statement of Facts. The Complaint in the above reference matter was filed on November 10, 201616 and is related to issues concerning the sale of ...

Excerpt: ...� This involved the establishment of an indexed Universal Life Insurance Policy (“IUL”) for plaintiff in May 2017 with the policy premiums to be paid for with structured cash flows acquired through Future Income Payments (“FIPs”). The eventual result was that Plaintiff lost 75% of her retirement assets. Defendant Shurwest is alleged to be an Arizona LLC headquartered in Scottsdale, Arizona that is a “marketing service specializing in fi...

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 3 August 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION OF PLAINTIFF JEREMY RIGHT TO AUGMENT/AMEND EXPERT WITNESS DISCLOSURE I. Statement of Facts. Plaintiff filed this complaint on 15 June 2016.19 This Court is well aware of the impending five year statute within which to brin...

Excerpt: ... (“Casco”) and Victoria Noperi (collectively, “Plaintiffs”). (Id. at pp. 1:26‐2:3 & 2:11‐18, & ¶ 34.) Plaintiffs moved into the Premises in January 2016. (Complaint, ¶ 5.) Upon moving into the Premises, Casco “noticed a leak in the bathroom and on the living room window,” which caused moisture to develop in the Premises. (Id. at ¶ 6.) Defendant was “put on notice of these conditions however did nothing to repair the situation...

Excerpt: ...ose. 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 3 August 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON (1) DEFENDANT MICHAEL MURT SHEA, JR.'S DEMURRER; AND (2) DEFENDANTS MICHAEL MURT SHEA, JR. AND MEGAN BARRETT SHEA'S MOTION TO STRIKE I. Statement of Facts. Plaintiff Kelly Barrett (“Kelly”) and defendant Megan Ba...

Excerpt: ...n May 25, 2010, a notice of default and election to sell under deed of trust was recorded with the Santa Clara County Recorder's Office. (See FAC, ¶ 18, exh.2.) On July 7, 2010, a substitution of trustee was recorded with the Santa Clara County Recorder's Office, listing NDEX West, LLC (“NDEX”) on behalf of Wells Fargo Bank, N.A. successor by merger to Wells Fargo Bank Southwest, N.A. f/k/a Wachovia Mortgage FSB f/k/a World Savings Bank, FSB...

Excerpt: ...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 3 August 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON DEMURRER TO PLAINTIFF'S COMPLAINT I. Statement of Facts. On or about 24 August 2018, Plaintiff LWG Construction, Inc. (“LWG”) entered into a written contract with defendants Foodspace, Foodspace+Co, SCG Foodspace, Sch...

Excerpt: ...ion case against her former employer. (Complaint, at 1.) Plaintiff subsequently filed a complaint with the State Bar against Hilton for the mishandling of her case. (Id.) Ultimately, after stipulating to misconduct in various cases in proceedings before the State Bar Court, including Plaintiff's, Hilton was suspended from the practice of law. (The State Bar's Request for Judicial Notice (“RJN”), Exhibits 2 and 3.) Plaintiff alleges that an in...

Excerpt: ...020 at 9:00 a.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This action arises out of alleged trade secret misappropriation. The Fourth Amended Complaint, filed on May 18, 2020, sets forth the following causes of action: (1) Breach of Contract; (2) Breach of the Covenant of Good Faith and Fair Dealing; (3) Unfair Business Practices; (4) Intentional Interference with Contractual Relations; (5) Intentiona...

Excerpt: ...AC”), defendant operates a hotel in Campbell, California. (FAC, ¶ 2.) Plaintiff was employed by RK as a non‐ exempt front desk clerk. (Id., ¶¶ 10, 18.) He alleges that he and other aggrieved employees were not paid overtime wages when defendant failed to include shift premiums, bonuses, and other incentive pay in their overtime pay rates. (Id., ¶ 23.) In addition, RK failed to provide employees with required meal and rest breaks or to pay...

Excerpt: ...ve ruling as follows: I. INTRODUCTION This is a class action brought by plaintiffs Garry A. Bailey and Brooke T. Bailey (collectively, “the Baileys”) individually and on behalf of approximately eleven hundred individuals (collectively, “Plaintiffs”) who paid about $3.8 million in advance fees for “loan modification” services to defendants Daylight Technologies, Inc. (“Daylight Technologies”), Charles Everette Rose (“Rose”), Am...