Excerpt: ...ussed below, the motion is GRANTED. I. BACKGROUND A. Related Case In August 2017, another Samaritan employee, Jennifer Richert, Þled a similar action related to her wage statements, Richert v. Samaritan, LLC (Super. Ct. Santa Clara County, No. 17CV314186) (Richert). Ms. Richert is represented by the same counsel who represent Plainti
¯s here. She alleges that, during pay periods when she received overtime wages, her wage statements failed to id...

Excerpt: ... and developed other serious defects and nonconformities to warranty including, but not limited to, exterior and body component defects, infotainment system defects, electrical defects, and other serous nonconformities to warranty.” (Complaint, ¶ 18.) At the time of purchase, Plainti
¯s entered a Retail Installment Sale Contract (“RISC”). (Declaration of Raymond Kim, ¶ 3, Ex. 1.) The RISC contains the following arbitration provision: ARB...

Excerpt: ...2015 pursuant to the “Prime Contract”, BBII became the general contractor on a construction project to retroÞt, upgrade, and replace major equipment at the existing Rinconada Water Treatment Plant (the “Project”) for the Santa Clara Valley Water District (“Owner”). (BBII's Separate Statement of Undisputed Material Facts (“BBIISS” No. 1; Declaration of Erin Lackey, (“Lackey Decl.”) ¶ 4.) In September 2015, BBII entered into a...

Excerpt: ...ing the relevant time period. Peters is alleged to have been BAPD's vice president during the relevant time period. The original and still-operative complaint, Þled on July 15, 2019, states six causes of action: (1) Fraud (concealment); (2) Fraud (intentional misrepresentation); (3) Fraud (false promise); (4) Breach of Contract (breach of the assignment agreement); (5) Breach of the Covenant of Good Faith and Fair Dealing (alleging that BAPD “...

Excerpt: ...tion in Santa Clara Superior Court entitled Katalyst Development, LLC v. Michel, et al. (“Underlying Action”). The subject matter of the lawsuit was real property located in Santa Clara County which was the subject of a purchase contract entered into by Forma, who assigned its rights to Katalyst. (Aalaei Decl., ¶¶ 3, 4 and Exhibit “1” attached thereto.) When the fee agreement was entered into, Plainti
¯ had a San Francisco address, but...

Excerpt: ...ve complaint “or statutory violations,” Þled on May 30, 2023, states Þve causes o action: (1) Violation o Civil Code section 1793.2(d); (2) Violation o Civil Code section 1793.2(b); (3) Violation o Civil Code section 1793.2(a)(3); (4) Breach o the Implied Warranty o Merchantability; and (5) Fraud (i.e., alleging that Kia committed raud by allowing the subject vehicle to be sold “without disclosing that the Subject Vehicle and its ...

Excerpt: ...s sixteen years old. (See Complaint at ¶¶ 4 and 7.) This occurred during the 1982-1983 school year. (See id. at ¶ 16.) The complaint alleged that the action was “brought pursuant to C.C.P § 340.1(q) as amended by Assembly Bill 218, e
¯ective January 1, 2020, reviving the statute of limitations within a three-year window for civil claims of childhood sexual assault.” (Complaint at ¶ 2.) The Complaint also alleged that P.L.s lawsuit was ...

Excerpt: ...arranty from America Honda Motor Co., Inc. (“Honda”). Plainti
¯ alleges the Vehicle was sold with “serious defects and nonconformities to warranty and developed other serious defects and nonconformities to warranty including, but not limited to, electrical system defects.” Plainti
¯ Þled this action against Honda on June 22, 2023, asserting three causes of action under the Song-Beverly Act. Plainti
¯ now brings this motion to compel H...

Excerpt: ...unoz Nava (“Plainti
¯”) Þled the operative First Amended Class Action Complaint (“FAC”) against Defendant, which sets forth the following causes of action: (1) Failure to Provide Required Meal Periods; (2) Failure to Provide Required Rest Breaks; (3) Failure to Pay Overtime Wages; (4) Failure to Pay Minimum Wages; (5) Failure to Pay Timely Wages; (6) Failure to Pay All Wages Due to Discharged and Quitting Employees; (7) Failure to Furni...

Excerpt: ...his investment in a blockchain project known as the Internet Computer Protocol (“ICP”), which is operated by defendant DÞnity USA Research LLC (“DÞnity USA”). On May 8, 2023, Plainti
¯ Þled a Complaint against Williams and DÞnity USA (collectively, “Defendants”), setting forth causes of action for: (1) Tortious Interference with Contract; (2) Tortious Interference with Prospective Economic Advantage; (3) Breach of Fiduciary Duty;...

Excerpt: ...de section 226. The Class Action Complaint, Þled by plainti
¯ Anne Elizabeth Dauphinais (“Plainti
¯”) on June 23, 2023, sets forth a single cause of action for violation of Labor Code section 226. Now before the court is Defendant's motion to compel Plainti
¯ to arbitrate her individual claim and dismiss her class claims. Plainti
¯ Þled an opposition to the motion. II. REQUEST FOR JUDICIAL NOTICE In connection with its moving papers, De...

Excerpt: ...Labor Code section 226. The Representative Action Complaint, Þled by plainti
¯ Anne Elizabeth Dauphinais (“Plainti
¯”) on August 4, 2023, sets forth a single cause of action for violation of Labor Code section 2698, et seq. (“PAGA). Now before the court is Defendant's motion to compel Plainti
¯ to arbitrate her individual PAGA claim and stay her representative PAGA claim. Plainti
¯ Þled an opposition to the motion. II. REQUEST FOR JUD...

Excerpt: ...t, 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 29 January 2024. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo--- Order on Motion of Plainti
¯ C2K Architecture, Inc. for Summary Judgment Or Adjudication. I. Statement of Facts. Plainti
¯ C2K Architecture, Inc. (“C2K”) is an architectural, planning, and design...

Excerpt: ...) According to the TAC, Plainti
¯'s p e t i t i o n f o r d i v o r c e w a s Þled on January 7, 2014, and she and her former spouse needed to sell the Property as part of their marital dissolution. (TAC, ¶¶ 16, 18.) Plainti
¯ was distraught at the prospect of losing the home she had lived in for 16 years. (TAC, ¶ 19.) In December 2016, a mutual friend introduced Plainti
¯ and Mr. Xie, who had Þled for dissolution of his own marriage. (TA...

Excerpt: ...
¯icient for the court to make a speciÞc award. The court therefore CONTINUES the hearing on this motion to April 30, 2024 at 9:00 a.m. Guerrero shall Þle additional billing records (attached to one or more declarations) to support the motion by no later than March 26, 2024; Arch Vet may Þle a supplemental opposition by April 15, 2024; and Guerrero may Þle a supplemental reply brief by April 22, 2024. First, the court is well aware that deta...

Excerpt: ...ountain View LLC (“Palmetto”), Oto Development, LLC (“Oto”), Lusardi Construction Company (“Lusardi”), Simmons Glass and Window, Inc. (“Simmons”) and Hyatt Corporation (“Hyatt”). (Id. at ¶¶ 1, 11-14.) Plainti
¯ alleges that on August 7, 2020, while using the shower in her hotel room, the shower door exploded onto her, causing severe bodily injuries and other damages. (4AC, ¶ 1.) According to Plainti
¯, the named defendant...

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 29 January 2024. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo--- Order On Cross-Defendant Ameri-Kleen's Motion For Summary Judgment, Or Alternatively, Summary Adjudication. I. Statement of Facts. A. Plainti
¯'s First Amended Complaint. Defendants George Chiala Farms...

Excerpt: ...s action arises out of the death of Michael Sirota and is brought by Shinkarsky, Sirota's wife, on behalf of herself and her two minor children. (Complaint, p. 6.) On March 10, 2022, Sirota was driving in Sunnyvale when he began to experience chest pains. (Ibid.) He called 911 but the call was disconnected. (Ibid.) His second call was patched through to Sunnyvale Department of Public Safety (“DPS”) and it lasted about eight minutes during whi...

Excerpt: ...positions will be taken in person. In addition, the court GRANTS IN PART defendants request for monetary sanctions, in the amount of $5,734.20; the court DENIES GDKs request for sanctions. The court has reviewed the meet-and-confer correspondence submitted by the parties. It appears that the parties spent a signiÞcant amount of time negotiating and then agreeing to a schedule by which all of the party depositions would take place in March and ...

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 29 January 2024. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo--- Order on Motion Of Plainti
¯ To Compel Defendants To Produce Responsive Documents and for Monetary Sanctions. I. Statement of Facts. Plainti
¯ Þled this complaint on 02 November 2022.1 Plainti
¯ alleges ...

Excerpt: ...ent of the judgment or order, but the trial court may proceed upon any other matter embraced in the action and not a
¯ected by the judgment or order.” The question is therefore whether the order denying the Tenney defendants' motion to compel arbitration embraces or a
¯ects the instant motion for good faith settlement between Plainti
¯s and the Avalon defendants. Defendant Riddle claims that the Tenney Defendants' appeal of the order denying...

Excerpt: ...awyer is likely to be a witness unless: (1) the lawyer's testimony relates to an uncontested issue or matter; (2) the lawyer's testimony relates to the nature and value of legal services rendered in the case; or (3) the lawyer has obtained informed written consent* from the client. . . (b) A lawyer may act as advocate in a trial in which another lawyer in the lawyer's Þrm* is likely to be called as a witness unless precluded from doing so by rul...

Excerpt: ... into a fee agreement that included an arbitration provision. (See Petition, ¶ 5, exh. A.) During RHRC's representation of Shah, a dispute arose between RHRC and Shah regarding Shah's failure to pay fees owed under the fee agreement, and as a result, RHRC withdrew as Shah's counsel on June 17, 2020. (See Petition, ¶ 6.) On August 4, 2020, RHRC served Shah with a notice of client's right to arbitration. (See Petition, ¶ 7.) On February 18, 2022...

Excerpt: ...�consolidate” the cases or the limited purpose o hearing these motions. Deendants Þled a single opposition brie on January 17, 2024, and Valley Water Þled a single reply brie on January 23, 2024. The court GRANTS Valley Water's motions to enorce the settlement agreements. There is no dispute that the parties entered into settlement agreements in 2022. There is no dispute that the parties agreed that the court would retain jurisdiction o...

Excerpt: ...a foreclosure on February 3, 2021. (FAC, ¶¶ 27-28.) Clear Recon is a corporation that served as the trustee in the foreclosure sale. (FAC, ¶¶ 20, 28.) Aldridge Pite, LLP, is a law Þrm that represented Clear Recon in its handling of the foreclosure sale. (FAC, ¶¶ 21, 29.) Plainti
¯s home was purchased at a trustee sale conducted by Clear Recon. (FAC, ¶ 28.) The trustees deed upon sale shows that, after the payment of the unpaid debt, th...