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: .... 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: ...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: ...DEFICIENCIES On June 5, 2020, judgment was entered in this case. On June 25, 2020, Defendant and Cross‐complainant Tiffany Hall filed a MC‐ 010 Memorandum of Costs. Item 10 entitled “Attorney fees (enter here if contractual or statutory fees are fixed without necessity of a court determination; otherwise a noticed motion is required)” was left blank, i.e., no amount was stated. On the same day, “Defendant and Cross‐Complainant Tiffany...

Excerpt: ...policies on employees, and retaliating against employees. Plaintiff DeWayne Cassel also brings a range of individual claims arising from his employment with Google. Plaintiff's allegations are summarized in more detail in the Court's March 9th, 2020 order addressing his motion for a temporary injunction and Google's demurrer to the operative Second Amended Complaint (“SAC”). Before the Court are plaintiff's (1) demurrer to Google's answer to ...

Excerpt: ...y vehicles, parts, and accessories, as well as financing, maintenance, and repair services. (Complaint, ¶ 2.) Plaintiffs were employed by defendant in California from 2015 or 2016 to 2018, and were paid only commission wages for certain pay periods. (Id. at ¶¶ 3‐5.) They bring this action on behalf of a putative class of employees paid on a “draw vs. commission compensation scheme” during the class period, beginning four years prior to t...

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...

Excerpt: ... approval of a settlement, which is unopposed. I. Factual and Procedural Background As alleged in the operative complaint, plaintiff worked for defendants as an hourly, nonexempt employee from October 2006 to January 2015. (First Amended Class Action Complaint (“FAC”), ¶ 5.) He and other employees were not provided with required meal breaks, and were not paid hourly and overtime wages for missed meal breaks and for time spent traveling betwe...

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: ...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: ...ined Daily and her firm, the Daily Law Firm (the “Daily Firm”), to represent him in the dissolution proceedings, while Plaintiff was self‐ represented. (Complaint, ¶¶ 9, 10.) Daily is a certified specialist in family law pursuant to the California State Bar Board of Legal Specialization. (Id., ¶ 11.) This certification, and applicable case law, are alleged to confer upon her a heightened standard of care. (Id.) By court order, Loaiza was...

Excerpt: ...waived. (See Food 4 Less Supermarkets, Inc. v. Superior Court (Fletcher) (1995) 40 Cal. App. 4th 651.) Within 30 days of the filing of this order and subject to objections previously asserted, Defendant shall provide full, complete, and code‐compliant responses to Plaintiff's request for production at deposition dated January 22, 2020. Defendant is to produce a code‐compliant privilege log for any document withheld on the basis of privilege. ...

Excerpt: ...was again told that she was a trespasser and had to leave and not return. (Id.) While she was upset and traumatized, Plaintiff then gave her identifying information to Target store management and explained to the management that there was an error by security, and that they should fix the problem. (Id.) Despite the fact that Plaintiff provided Target management with her information, they did not contact her. (Id.) On November 1, 2018, Plaitiff fi...

Excerpt: ...entative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 29 July 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER SUSTAINING DEMURRERS OF DEFENDANT WITHOUT LEAVE TO AMEND I. Statement of Facts. Plaintiff filed this complaint on 14 June 2019.1 In her First Amended Complaint filed on 8 November 2019, she alleges causes of action for: 1. Copyright infringement and...

Excerpt: ...entative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 29 July 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER SUSTAINING DEMURRERS OF DEFENDANT WITHOUT LEAVE TO AMEND I. Statement of Facts. Plaintiff filed this complaint on 14 June 2019.1 In her First Amended Complaint filed on 8 November 2019, she alleges causes of action for: 1. Copyright infringement and...

Excerpt: ... a motor vehicle accident. According to the allegations of the operative complaint (“Complaint”), on March 23, 2018, decedent Wei Lun Huang (“Walter”) was driving his Tesla Model X south on Highway 101 in Mountain View. (Complaint, ¶ 23.) As the vehicle approached the Highway 101/Highway 85 interchange, Walter was using its autopilot features, which included “traffic‐aware cruise control” and “autosteer lane‐keeping assistance....

Excerpt: ...ary information and trade secrets. (SAC, ¶ 1.) According to the allegations of the operative SAC, DeBono was SunPower's Executive Vice President of Global Channels and responsible for SunPower's rooftop solar business. (SAC, ¶¶ 1 & 25.) When he started at SunPower, DeBono signed a non‐disclosure agreement whereby he agreed to safeguard SunPower's confidential information and work exclusively for SunPower during his employment. (Id. at ¶ 92....

Excerpt: ...g the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 27 July 2020. Please specify the issue to be contested when calling the Court and Counsel. MOTION OF DEFENDANTS TO COMPEL PLAINTIFF TO PROVIDE FURTHER RESPONSES TO DISTRICT'S REQUESTS FOR ADMISSION, FORM INTERROGS AND DOCUMENT REQUESTS, AND FOR MONETRAY SANCTIONS. I. Statement of Facts. Plaintiff Mark Adams (“Plaintiff”) filed this c...