Excerpt: ...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 27 July 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON DEFENDANT AMERICAN TECHNOLOGIES INC.'S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION TO THE COMPLAINT. I. Statement of Facts. Plaintiff Stephanie Chapa (“Plaintiff” or “Chapa”) file...

Excerpt: ...g the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on ________ 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON DEFENDANT CARCO GROUP, INC.'S MOTION FOR JUDGMENT ON THE PLEADINGS I. Statement of Facts. Defendant Carco Group, Inc. (“CGI”) is in the business of providing consumer background reports for employment purposes. (Complaint, ¶12.) To c...

Excerpt: ...e. 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 27 July 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION OF RESPONDENT FOR JUDGMENT ON THE PLEADINGS I. Statement of Facts. This is a medical malpractice action. The daughter of Plaintiff's underwent a brain surgery and subsequently died. This cause of action alleged t...

Excerpt: ...eet, San Jose. Any party opposing the tentative ruling must call Department 20 at 408.882.2296 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. ORDER ON CROSS‐DEFENDANT TARRAR UTILITY CONSULTANTS' DEMURRER AND MOTION TO STRIKE TO THE CROSS‐COMPLAINT I. Statement of Facts. A. First Amended Complaint. Plaintiffs Dylan Nguyen and Julie Nguyen (collectively,...

Excerpt: ...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 27 July 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION OF STEARNS LENDING, LLC FOR JUDGMENT ON THE PLEADINGS I. Statement of Facts. Plaintiff filed this complaint on 30 October 2019. 3 The 17 page complaint names as defendants KB Home, Stearns Lending,...

Excerpt: ...l stores throughout California, including in Santa Clara County. (First Amended Class Action Complaint (“FAC”), ¶ 9.) Plaintiff was employed by defendant as a non‐ exempt Assistant Manager from July 20, 2018 until September 25, 2018. (Id., ¶ 8.) He alleges that defendant violated Labor Code section 226, subdivision (a) by providing employees with wage statements that failed to identify the accurate total hours worked when “Night Prem”...

Excerpt: ...ction comes on for hearing before the Honorable Patricia M. Lucas on July 24, 2020 at 9:00 a.m. in Department 3. The court now issues 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 Kerry William Scribner (“Plaintiff”) seeks statutory damages against defendants Simm Associates, Inc., Jeffrey S. Si...

Excerpt: ..., which the Court preliminarily approved in an order filed on March 11, 2020. The factual and procedural background of the action and the Court's analysis of the settlement 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 her attorney fees, costs, and service award. Plaintiff's motion is unopposed. I. Legal Standard for Approving a Class Action Settle...

Excerpt: ...r 22, 2019. The factual and procedural background of the action and the Court's analysis of the settlement and settlement class are set forth in that order. Before the Court is the parties' joint motion for final approval of the settlement and plaintiffs' motion for approval of their attorney fees and costs. Both motions are unopposed. I. Legal Standards for Approving a Class Action/PAGA Settlement Generally, “questions whether a settlement was...

Excerpt: ...e Court's analysis of the settlement and settlement class are set forth in that order. Before the Court is plaintiffs' motion for final approval of the settlement and for approval of their attorney fees, costs, and service awards. Plaintiffs' 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 ce...

Excerpt: ...ng as follows: I. INTRODUCTION This is a putative class action arising out of various alleged wage and hour violations. On March 10, 2020, plaintiffs Crystal Fregoso, Adrianna Rodriguez, and Truc Bui (collectively, “Plaintiffs”) filed the Third Amended Complaint (“TAC”), which sets forth the following causes of action: (1) Failure to Pay Overtime Wages; (2) Failure to Pay Minimum Wage; (3) Failure to Provide Mandated Meal Periods; (4) Fai...

Excerpt: ...cording to the allegations of the Second Amended Complaint (“SAC”), filed on June 12, 2020, plaintiff Brady Esch (“Esch”) (no longer a party to this action) is trained as a mechanical engineer and a materials scientist and engineer. (SAC, ¶ 20.) Esch was hired on August 2, 2004, to work for VNUS Medical Technologies (“VNUS”) at its San Jose, California facility. (Id. at ¶ 21.) On May 8, 2009, VNUS was acquired by defendants Covidien...

Excerpt: ...or distributed by KMA. (FAC, ¶ 9.) In connection with the purchase, Plaintiff received an express written warranty including a 5‐year/60,000 mile express bumper‐to‐bumper warranty and a 10‐year/120,000 mile powertrain warranty which, among other things, covers the engine and transmission. (Id., ¶ 10.) Defendant subsequently provided a 10‐year/12,000 mile warranty extension for various engines, including the engine contained in the Veh...

Excerpt: ...and avoid a supervisor who was making her uncomfortable, Paknad took on a new role and began supporting Intuitive's commercial efforts in the Asia‐Pacific or “APAC” market (consisting primarily of Japan, Korea, China, and Taiwan). (FAC, ¶¶ 16–17.) Upon Paknad's transition to this new sales territory, she began reporting—directly and indirectly at times—to defendants Jeroen Van Heesewijk (“Van Heesewijk”), Senior Vice President o...

Excerpt: ...llegations of the FAC, Plaintiff brought her cat to VCA on October 17, 2018, in order to be evaluated for a kidney stone. (FAC, ¶ 15.) Initially, Dr. Sung's physical exam indicated that Kitty's gait and musculoskeletal structure were normal. (Id., ¶ 16.) Several hours later, Kitty underwent sedation for x‐rays and further examination. (Id., ¶ 17.) The x‐ray report indicated that the cat had a femur fracture, an injury unknown to Plaintiff....

Excerpt: ... Garden City's separate action against defendant Swallow (No. 16‐CV‐295297) on many occasions, these facts and allegations are not recounted in detail here. There is another discovery dispute. And so, the Court turns directly to this most recent discovery dispute between plaintiff John Park (“Park”) and Garden City. Before the Court is a motion by Park to compel Garden City to comply with a subpoena for the production of business records ...

Excerpt: ...play in the joints…to achieve a just result depending on the facts, law, and equities of the situation.” (Advanced Modular Sputtering, Inc. v. Super. Ct. (Mishin) (2005) 132 Cal.App.4th 826, 835 (Advanced Modular).) “The rule that a trade secret must be pled with ‘reasonable particularity' does not mean that the designation must be strictly construed against the pleader.” (Id.) “Generally speaking, pleadings are to be liberally constr...

Excerpt: ...party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 22 July 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION OF PLAINTIFF FOR REFERENCE I. Statement of Facts. Plaintiff filed this complaint on 13 February 2019. 2 The complaint seeks damages for breach of written contract and for declaratory relief. On or about 30 December 2015...

Excerpt: ...at the compounding pharmacy where she worked and that Pharmaca then terminated her shortly before her medical leave expired in retaliation and without engaging in an interactive process. Sewak asserts causes of action against Pharmaca and Stahl for: (1) negligence (against Stahl); (2) disability‐based discrimination (against Pharmaca); (3) failure to provide reasonable accommodation (against Pharmaca); (4) failure to engage in interactive proce...

Excerpt: ...ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 20 July 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION OF DEFENDANT TESLA TO COMPEL BINDING ARBITRATION I. Statement of Facts. Plaintiff Jefferey Lee filed a Complaint36 on February 10, 2020 against Tesla Inc. d.ba. Tesla Motors, Inc., and Does 1 to 10, alleging the following seven causes of action inv...

Excerpt: ...er, $3,065.28 remains unpaid on the account, despite Plaintiff's demand. Consequently, on June 17, 2019, Plaintiff filed the Complaint asserting common counts for an open book account and account stated. On February 20, 2020, Plaintiff filed the instant motion for summary judgment, or in the alternative, summary adjudication. Defendant opposes the motion. II. Plaintiff's Request for Judicial Notice In support of its motion for summary judgment/ad...

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 20 July 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON NEW AGE ELECTRIC INC.'S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, FOR SUMMARY ADJUDICATION I. Statement of Facts. On or about 3 August 2016, plaintiff Milenko Lisica (“Lisica”), an employee of New Age Electric Inc. (...

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 20 July, 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDERS ON DEFENDANTS' DEMURRERS AND MOTION TO STRIKE I. Statement of Facts. Virginia Egan, Barbara Meehan, and Deborah Meehan (collectively “Plaintiffs”), individually and as successors‐in‐interest to Ave Maria M...

Excerpt: ...to Sage, for specialist care to treat the animal's anorexia “with an esophageal to stabilize prior to surgery.” (Id. at ¶ 14.) When Plaintiff arrived at Sage she was told that they were busy, but also not to worry as the cat's condition was not urgent and was treatable. (Ibid.) Sage did not perform a physical exam on the cat. (Ibid.) Further, the cat did not receive timely, appropriate care, including esophageal feeding, or proper ICU monito...

Excerpt: ...reach of Contractual Duties and Common Law Fiduciary Duties of Loyalty and Care,” and; 2) “Breach of Contractual Duty of Entire Fairness,” against nominal defendant TEEC Angel Fund L.P. and against Defendant TEEC Angel Management LLC (a California limited liability company which is alleged to be the “sole general partner” of TEEC Angel Fund L.P.) and Defendant Eugene Zhang (who is alleged to be the managing member of TEEC Angel Manageme...