Excerpt: ... Pacific Coast Med ical Clinic (collectively, “Plaintiffs”), based on alleged spoliation of evidence, (2) a motion to compel compliance with Cigna's third set of requests for production of documents (Nos. 33, 35- 37, and 39), and (3) a motion to seal certain exhibits submitte d with the motion to compel compliance. Plaintiffs oppose the first two motions but do not oppose the third. This case was originally set for trial more than 10 months...

Excerpt: ...nts.”) I. Background A. Fac tual On July 14, 2021, Plaintiff was lawfully driving his car eastbound on El Camino Real in Mountain View, California (“Subject Location”) when Defendant Ossie B. Holt (“Holt” or “Defendant”), while operating a vehicle, caused an automobile collision. (F AC, ¶¶ 10, 15.) Prior to the collision, Defendant Holt, while driving at high speed behind Plaintiff, failed to stop and “violently” rear -ended P...

Excerpt: ... and Housing Act (“FEHA”). (FAC, ¶ 9.) Plaintiff worked for the County's Probation Department at James Ranch. (FAC, ¶ 10.) In March 2020, he requested accommodations to work from home or to be transferred to a position that would allow him to work from home as an accommodation for his disability and being in the high -risk category for COVID -19. (FAC, ¶ 12.) Plaintiff alleges Defendants initially offered to compensate him with paid admini...

Excerpt: ...ti ff purchased a laser hair removal therapy treatment course at Medspa, consisting of six “bikini Brazilian” treatments and six “upper leg” treatments. (FAC at ¶ 6.) On April 12, 2022, Plaintiff attended her fourth treatment of laser hair removal therapy w here Nurse Mottahed was available to treat her. (Id. at ¶ 7.) Plaintiff was burned during her laser treatment and left her appointment early. (Id. at ¶¶ 10 -16.) The employees at t...

Excerpt: ...information techn ology services company headquartered in San Jose. (FAC, ¶ 10.) Plaintiff Jai Kumar was hired in November 2013 and held various positions in the company over the following six years until he was terminated in December 2019. (FAC, ¶¶ 10, 11.) Plaintiff alleges Jade Global wrongfully demanded that he not discuss concerns about his compensation with other employees on the grounds that doing so would be in violation of company pol...

Excerpt: ...t issues its tentative ruling. I. Background This is an action for quiet title. Plaintiffs own real property at 1711 B Marshall Ct in Los Altos (the “Property”). (Complaint, ¶ 4.) Plaintiffs allege the basis of their title is fraudulent transfer of Severino Estillore's interest in the Property circa 1998. (Ibid.) Plaintiff seeks to quiet title to the Property against all adverse claims. Plaintiffs initiated this action to quiet title on Octo...

Excerpt: ...s a health care company that manufactures, markets, and distributes pediatric nutrition shakes for consumption by children ages one to thirteen under its PediaSure brand. (Id. at ¶ 3.) By placing statements such as “Complete, Balanced Nutrition,” “Balanced Nutritio n to Help Fill Gaps,” “Nutrition to Help Kids Grow,” “Use as part of a healthy diet,” and “Clinically Proven to Help Kids Grow” on the PediaSure labeling, Defendan...

Excerpt: ...ng other Labor Code vi olations. Before the Court is Plaintiffs' motion for preliminary approval of settlement, which is unopposed. As discussed below, subject to the changes in the notice, the Court GRANTS the motion. I. BACKGROUND According to the allegations of the operative Second Amended Class and Representative Complaint (“SAC”), Mr. Patton has been employed by Defendant since August 2017 as a non- exempt, hourly associate, while Mr. Re...

Excerpt: ...i nt In the operative first amended complaint (“FAC”), plaintiff Chicago Title Company (“CTC”) alleges on or about 27 July 2019, defendant 28th St Villa Apts, LLC (“Buyer”) and defendant Green Villa Apartments, LP (“Seller”) entered into an agreement for the sale of real property located at 1319 Tripp Avenue in San Jose (“Property”) from Seller to Buyer. (FAC, ¶¶9 – 10.) Between July 2019 and November 2019, plaintiff CTC ...

Excerpt: ...intiff now seeks an order compelling GM to produce responses to Requests for Production Nos. 8, 16 -19, 21 -22, 27, 34, 37, 40- 43, and 56. These requests seek (i) all documents relating to GM's internal analysis, investigations, communications, reports and design -related documents of the alleged “BATTERY DEFECT” in both the Subject Vehicle and other customers' vehicles (Request Nos. 16- 17, 19, 21 -22, and 40- 43); (ii) all documents relati...

Excerpt: .... Plaintiff now seeks an order compelling GM to produce documents relating to (1) the subject Vehicle (RFP Nos. 1, 2, 3, 7); (2) internal Knowledge and investigation Discovery (RFP Nos. 17, 22- 24, 35- 40); (3) documents concerning summaries and memos regarding transmission defects (RFP Nos. 41 -43, 47, 49, 50); (4) documents concerning buyback policies and procedures (RFP Nos. 55. 56. 65); (5) Communications with Governmental Agencies (and suppl...

Excerpt: ...suant to Code of Civil Procedure section 425.16, subdivision (g), which is opposed by LVNV. As discussed below, the Court GRANTS the motion. III. BACKGROUND According to the allegations of the operative complaint (“Complaint”), filed on August 12, 2022, LVNV is the owner of debt owed by Mr. DeLuna. (Complaint at 2, ¶ 10.) In its judicial form complaint, LVNV asserts common counts for open book account, money had and received, money lent by ...

Excerpt: ...�PCM”) is a busines s entity operating in Ocean Shores in the state of Washington. (Complaint, ¶3.) Defendants Fred Smith, John Gaston, David Eagen, Diane Dobson, and Michelle Womack are individuals residing in Ocean Shores, Washington, and together they form PCM's board of directors.1 (Complaint, ¶¶4 -8, 14.) Plaintiff Herman is a financial consultant, and plaintiff Cole is in the business of hotel management. (Complaint, ¶¶12 -13.) On 1...

Excerpt: ...nt. On February 15, 2024, defendant Sossaman, specially appearing, filed a motion to quash service of summons and complaint. Plaintiff filed written opposition. Motion to Quash Service of Summons Defendant Sossaman moves to quash service of summons as he was not personally served with the complaint in this action. Legal Standard “Service of process is the means by which a court having jurisdiction over the subject matter asserts jurisdiction ...

Excerpt: ...s discusse d below, the Court GRANTS the motion. I. MOTION TO SEAL A. Legal Standard “The court may order that a record be filed under seal only if it expressly finds facts that establish: (1) There exists an overriding interest that overcomes the right of public acc ess to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is ...

Excerpt: ...ard by Marriott hotel in Sunnyvale, California which was owned and operated by defendants. (FAC at ¶ 4.) Plaintiff was attending a business function in the area at the time of the events alleged in the FAC. (Ibid.) Around this time, defendants summoned officers of the Sunny vale Police Department and had Plaintiff arrested without a warrant and detained for the crime of felony vandalism. (FAC at ¶ 5.) Plaintiff was then transported to the Santa...

Excerpt: ...ng as follows. I. Backgro und This is action arises out of alleged sexual abuse suffered by Plaintiff when she was a student at St. Aloysius. (TAC, ¶ 28.) In 1997, when Plaintiff was four years old, she participated in school related and after -school activities at St. Aloysius. (TAC, ¶¶ 30.) Father Benedict Van Der Putten (“Van Der Putten”) was a priest at St. Aloysius and he sexually abused and assaulted Plaintiff multiple times from 199...

Excerpt: ...: Carrer a VII, L.P., Carrera VII (B), L.P., Mantra Ventures, LLC (the “Businesses”). (FAC, ¶1.) Defendants Chan and the Businesses (collectively, “Defendants”) convinced Plaintiff to fund an investment portfolio by making various promises and representations. (Ibi d.) Defendants promised and represented that for a payment of approximately 15 percent and related fees, they would invest Plaintiff's money for his benefit in securities as ...

Excerpt: ...tee, on Behalf of the Colt 2021HX1 Mortgage Loan Trust, a New York Common Law Trust (“U.S. Bank”), Select Portfolio Servicing, Inc. (“SPS”), and Clear Recon Corp. (“Clear Recon”) (collectively, “Defendants”). Plaintiff is the owner of r eal properties located at 1128 Dean Avenue, San Jose, CA 95125 (“Dean Property”) and 236 Bean Avenue, Los Gatos, CA 95030 (“Bean Property”) (collectively, “Properties”). (First Amended ...

Excerpt: ...“Condo”). Plaintiff initiated this act ion by filing a complaint on June 9, 2022. Plaintiff filed the first amended complaint (“FAC”) on May 15, 2023. Thereafter, Defendants demurred to the FAC. The Court (Hon. Rosen) made the following ruling: Defendants' demurrer to the first, third, fourth and fifth causes of action on the ground of insufficient facts is SUSTAINED with 10 days leave to amend. Defendants City and Housing Authoritie...

Excerpt: ...ain the utility or performance of the vehicle, or to provide compensation in the event of a failure in utility or performance for a specified period of time. (See complaint, ¶ 6.) During the warranty period, the vehicle contained or developed nonconformities including power steering failure, loss of communications between modules, dash lights illuminating including traction control light, airbag light, TPMS light, check engine light and the wre...

Excerpt: ...ls) he noted ther e was road work marked by orange cone on the shoulder of the road and noticed a steel plate across the outbound lanes. On the ride back, Plaintiff was traveling 25 mph when he got to the condition and saw that the steel plate across the inbound lanes did n ot fully cover the trench and left two shallow cutouts on either side of the asphalt. (Plaintiff's Response to Defendant's Separate Statement of Undisputed Material Facts (“...

Excerpt: ...nt requested a n extension, the extension kept open the time for Defendant to respond, as there was no agreement by the parties that objections were waived and Defendant claims he was not properly served with the requests. As such, Defendant may raise a proper objection. Defendant objects to requests 1 and 2 claiming that the requests do not identify the documents sought with “reasonable particularity” which Defendant claims is required by CC...

Excerpt: ...i nt In the operative first amended complaint (“FAC”), plaintiff Chicago Title Company (“CTC”) alleges on or about 27 July 2019, defendant 28th St Villa Apts, LLC (“Buyer”) and defendant Green Villa Apartments, LP (“Seller”) entered into an agreement for the sale of real property located at 1319 Tripp Avenue in San Jose (“Property”) from Seller to Buyer. (FAC, ¶¶9 – 10.) Between July 2019 and November 2019, plaintiff CTC ...

Excerpt: ...d and unfair busi ness practices. According to the TACC, crossdefendant Jalal Shreim (“Jalal”) was the sole shareholder, president, and CEO of Friendly Wholesalers of California (“FWC”), formerly a successful rug business in San Jose.1 (TACC, ¶¶ 2, 4.) Crossdefendant Moh amad Shreim (“Mohamad), is Jalal's son and he was the sole proprietor of SeeMoCars, a used car dealership. (TACC, ¶ 3.) SeeMoCars was evicted from its location and M...

Excerpt: ...�Property). Steleco LLC and Kipling Post LP were the owners (collectively, the “Owners”) of the Property and KOA was the project architect. (SACC, ¶¶ 8 -9.) The Owners filed a cross -complaint against DPR for breach of written contract, which alleges various construction deficie ncies and damages for breach of contract. (SACC, ¶ 12.) Plaintiff Pacific States Environmental Contractors, Inc. (“Pacific States”) initiated this action a...

Excerpt: ...arch 23, 2022. It filed the operative First Amended Complaint (“FAC”), adding defendant Link Corporation (“Link”), on March 15, 2023. The FAC states claims for: (1) Fraud in the Inducement (against AMS, Achkar, and various Does); (2) Fraud and Deceit (against AMS, Achkar, and vario us Does); (3) Breach of Contract (against AMS and various Does); (4) Breach of the Implied Covenant of Good Faith and Fair Dealing (against AMS and various Do...

Excerpt: ...operty at 374 Surber Dr. in San Jose (the “Property”). (Complaint, ¶ 7.) Defendant Rochelle Deleersnyder is real estate salesperson working with NRT West, Inc. dba Coldwell Banker (collectively “Coldwell”) and defendant Nakul Kapoor is a real estate salesperson worki ng with Intero Real Estate Services, Inc. (collectively “Intero”). (Complaint, ¶¶ 2, 3.) Coldwell and Intero were the designated listing agents for the Property on beh...

Excerpt: ...sed by TCL. As discussed below, Defendants' demurrer to the Complaint and the claims asserted therein on the ground of failure to state sufficient facts is SUSTAINED WITH 20 DAYS' LEAVE TO AMEND and their demurrer to the Complaint on the ground of uncertainty is OVERRULED. IX. BAC KGROUND According to the allegations of the Complaint, Cadence is a worldwide leader in Electronic Design Automation (“EDA”), as well as semiconductor intellectual ...

Excerpt: ...ssues its tentativ e ruling. I. Background This action arises from the tragic death of Mr. Henry Gonzales. On May 26, 2021, a mass shooting occurred at a SCVTA's railyard in San Jose. Mr. Henry Gonzales (Decedent) was employed by SCVTA and present on the day of the shooting . Mr. Gonzales witnessed the murder of his co -workers, and/or saw his co -workers within minutes after they were murdered, causing him to suffer severe emotional and psycholo...

Excerpt: ...er at a single family residential proper ty located at 1321 Paramount Drive in Saratoga ("Project Site"). (First Amended Complaint ("FAC"), ¶12.) Pursuant to the Pool Contract, plaintiff OCI paid defendant VSP a sum of no less than $106,800. (Id.) The Pool Contract included an express warranty. ( FAC, ¶13.) Pursuant to the Pool Contract, the swimming pool's interior plaster finish was to consist of "Aqua Blue Pebble,...

Excerpt: ...s, among other Labor Code violations. Before the Court is Plaintiff's motion for preliminary approval of settlement, which is unopposed. As discussed below, if satisfactory clarification is provided concerning whether the notice will be provided in languages other than English, the Court will GRANT the motion. I. BACKGROUND According to the allegations of the operative First Amended Complaint (“FAC”), Plaintiff was employed by Defendants as ...

Excerpt: ...iums, and failed to pr ovide code-complaint wage statements, among other Labor Code violations. Before the Court is Plaintiffs' motion for preliminary approval of settlement, which is unopposed. As discussed below, if satisfactory clarification is provided concerning whether th e notice will be provided in languages other than English, the Court will GRANT the motion. XIII. BACKGROUND According to the allegations of the operative Third Amended C...

Excerpt: ...nts”). The origin al and still-operative complaint, filed on January 17, 2023, alleges that Defendants improperly recorded a judgment lien on April 3, 2019, which operates as a cloud on the title of Plaintiffs' residence. (Complaint, ¶ 26.) The judgment lien was the last in a series of abstracts of judgments entered in a case between defendant Cintora and plaintiff Clifford Stanley and Stanley's former company, Bad Boys Bail Bonds, Inc. (Los ...

Excerpt: ...allegations of the Complaint, on July 28, 20201, Plaintiff tripped and fell on broken, raised and/or uneven pavement on the sidewalk located in front of 1904 Serge Ave., San Jose, California (“Subject Premises,”) sustaining serious injuries. (Complaint, ¶¶ 9, 13 -14, 19.) Plaintiff asserts that her injuries were the result of Defendant City's acts and omissions (Complaint, ¶ 10) and cross -complainant Kindig's2 negligent failure to maintai...

Excerpt: ...er, or managing agent of Sierra. Paragraph 6 of Plaintiff's Sierra employment agreement, which he does not dispute he signed at the time he was employed, is titled “Mutual Agreement to Arbitrate Claims” and states in the only boxed text in the agreement: “This disp ute resolution agreement is a contract and covers important issues related to ES's [employee's] rights. It is ES's sole responsibility to read it and understand it. ES is free to...

Excerpt: ...n, ¶ BC -1, exh. A.) Baro n did not pay amounts owed pursuant to the contract and Plaintiff thus suffered contractual damages and additionally seeks interest. (See FAC, first cause of action, ¶¶ BC -2 -BC -5, second cause of action, ¶¶ CC -1 -CC -3, third cause of action, ¶¶ BC -1 -BC -5, fourth cause of action, ¶¶ CC -1 -CC -4.) On December 5, 2022, Plaintiff filed the FAC against Defendant, asserting causes of action for: 1) Breach o...

Excerpt: ...oduction. The par ties asked the court to hear this matter on shortened time (essentially, within nine calendar days of the court having received the parties' ex parte papers). Because this case is set for a trial on July 22, 2024, the court agreed to do so, with an exceptionally truncated briefing schedule. The court has now reviewed the parties' filings. Because of the rushed nature of this hearing, the court makes the following preliminary o...

Excerpt: ... (“Cypress”) agreed that KFEI would serve as a nonexclusive distributor of Cypress products to Japanese companies and their affiliates. On November 25, 2019, KFEI filed a complaint against Cypress, alleging claims for: (1) Breach of Contract; and (2) Breach of the Covenant of Good Faith and Fair Dealing. On September 10, 2021, KFEI filed a First Amended Complaint against Cypress, which set forth the following causes of action: (1) Breach of...

Excerpt: ...Plaintiff”). Plai ntiff's original Complaint, filed on September 30, 2019, set forth the following causes of action: (1) Breach of Contract; (2) Breach of the Implied Covenant of Good Faith and Fair Dealing; (3) Intentional Misrepresentation; (4) Promise Without Intent to P erform; (5) Fraudulent Omission; (6) Breach of Fiduciary Duty; (7) Quasi -Contract Based on Unjust Enrichment; (8) Violation of California Bus. & Prof. Code § 17200; (9) I...

Excerpt: ...h the following causes of action: (1) Violation of Cal. Labor Code §§ 510 and 1198 (Unpaid Overtime); (2) Violation of Cal. Labor Code §§ 226.7 and 512(a) (Unpaid Meal Period Premiums); (3) Violation of Cal. Labor Code § 226.7 (Unpaid Rest Period Premiums); (4) Violation of Cal. Labor Code §§ 1194, 1197 and 1197.1 (Unpaid Minimum Wages); (5) Violation of Cal. Labor Code §§ 201, 202 and 203 (Final Wages Not Timely Paid); (6) Violation of ...

Excerpt: ...��), filed on Nove mber 4, 2021, sets forth the following causes of action: (1) Failure to Reimburse Business Expenses (Labor Code § 2802); (2) UCL Violations (Cal. Bus. & Prof. Code §§ 17200 -17204); and (3) PAGA Penalties (Labor Code § 2698 et seq.). The parties have reache d a settlement. Plaintiff Valerie Boyer (“Plaintiff”) moved for preliminary approval of the settlement. On August 30, 2023, the court continued the motion for preli...

Excerpt: ... causes of action: (1) V iolations of Unfair Competition Law (Cal. Bus & Prof. Code §§ 17200, et seq.) (“UCL”); and (2) Violations of California Consumers Legal Remedies Act (Cal. Civ. Code §§ 1750, et seq.) (“CLRA”). In the Complaint, Plaintiff alleges Defendant unlawfully charg ed him 20 cents for recycled grocery bags when he used his WICs Electronic Benefit Transfer card (“EBT”) or voucher to purchase groceries, in violation ...

Excerpt: ... complaint, Moreno was injured on July 6, 2021 when an outdoor wall dividing property between the defendants fell over. There are no exhibits attached to the complaint, and the complaint itself is notably quite vague as to how Moreno came to be at the location where the wall collapsed and how the several defendants are liable for his injury. The complaint for the most part refers only to “Defendants.” Currently before the court is a motion fo...

Excerpt: ...r action mo ot. The trial court in Department 12 (Judge Isger) then set the matter for an order to show cause re: dismissal on September 21, 2023. At the OSC hearing, Fang asked that the case not be dismissed in order to proceed with the case as an ordinar y civil ac tion. He also asked that his ex parte application to amend his complaint be granted. The court denied the ex parte application “without prejudice” and sent the matter back to the...

Excerpt: ...e context of Pla intiff's motion for RFP set one, and that the Court (J. Manoukian) issued an order on December 19, 2023 compelling Xilinx only to turn over the identity of the employees, but not their actual text messages. As such, the Court should not now compel the turn ing over of those same text messages. In reply, Plaintiff argues that because the Court was “deeply troubled” by Defendant's argument that text messages of its employees se...

Excerpt: ... of the Javid Family Trust, and their adult daughter Roya Javid, filed the first amended cross-complaint (FACC) against two groups of cross -defendants: the Tashjian Defendants and the OCTC Defendants.2 Safoora Javid subsequently passed away. Ahmad contends he is Safoora's successor in interest and the sole Trustee of the Javid Family Trust.3 This is disputed because, on November 30, 2023, Roya filed a petition in the probate division of this ...

Excerpt: ...rding to the complai nt, Citizens is in the sign, construction, and advertising business. (Complaint, ¶ 8.) In 2018, Citizens brought a civil rights action against the City of San Jose (the “2018 federal action”). (Id. at ¶ 9.) In September 2018, Citizens entered into a wr itten representation agreement with Defendants, who handled various aspects of the 2018 federal action. (Id. at ¶¶ 10 -14.) In 2020, the City of San Jose filed a lawsu...

Excerpt: ...t for dismissal of the co mplaint as to all Defendants and all causes of action, without prejudice. Although Ari Law dismissed the complaint and never filed an opposition to the anti -SLAPP motions, the parties nevertheless appeared for the hearing on October 26, 2023 to address th e court's tentative ruling. In that October 25, 2023 tentative ruling, the court recognized that it no longer had jurisdiction to rule on the motion to strike, given ...

Excerpt: ...ion”]; Stepan v. Garcia (1974) 43 Cal.App.3d 497, 500 [the court may take judicial notice of its own file].) Accordingly, the court takes judicial notice of its own file in this matter. Plaintiff's moving papers filed 10/10/2023 and on 2/1/2024 show her address is: 2694 G LEN DOON CT, SAN JOSE, CA 95148. Here, the proof of service filed 6/29/2022 shows that Defendant was served by substitute service. It states that the summons and complaint...

Excerpt: ...d she was owed, and Ward later entered a settlement with Cytobank. Cytobank filed an action for interpleader, deposited the amount of lien Costanzo obtained against Ward's recovery, and named Ward, the Constanzo Law Firm, and the McClure Law Firm as defendants. W ard initiated a fee arbitration, and the arbitrators found Costanzo was not entitled to fees. Ward had already paid the arbitration fee, and the arbitrators ordered that Ward be respons...

Excerpt: ...mpliant wage statem ents, and committed other wage and hour violations. Before the Court is Plaintiff's motion for final approval of settlement, which is unopposed. As discussed below, the Court GRANTS Plaintiff's motion. VIII. BACKGROUND Plaintiff was employed by Defendant from May 2018 to November 2018 as an hourly, non- exempt employee. (First Amended Class Action Complaint (“FAC”), ¶ 23.) According to Plaintiff, Defendant failed to pay ...

Excerpt: ...heard. [Citation.] In [determining] the county (or counties) where venue is proper, the courts generally look to the main relief sought, as determined from the complaint as it stands at the time of the motion for change of venue. [Citation.]” (K.R.L. Partnership v. Superior Cou rt (2004) 120 Cal.App.4th 490, 496- 497.) “‘It is a long established rule that a motion for change of venue must satisfy two requirements: (1) It must be shown the a...

Excerpt: ...e Order No. 4 -2001); (2) Failure to Provide Mandated Meal Periods (Violation of Labor Code Sections 226.7 & 512 and Wage Order No. 4- 2001); (3) Failure to Provide Mandated Rest Periods (Violation of Labor Code Section 226.7 and Wage Order No. 4 -2001); (4) Failure to Provide Item ized Wage Statements (Violation of Labor Code Sections 226 & 226.3 and Wage Order No. 7 -2001); (5) Failure to Pay Wages Upon Termination (Violation of Labor Code Sect...

Excerpt: ...rtyards”). Plaintiff is an owner within the Courtyards. All owners within the Courtyards are members of Eagle Ridge Owners Association (“Association”) and subject to the Eagle Ridge Declaration of Covenants, Conditions and Restrictions (“CC&Rs”). The Courtyards are also subject to the Declaration of Annexation and Supplemental Restrictions for The Community of Eagle Ridge (“Supplement”). The Supplement mandates that the Association ...

Excerpt: ...iff entered a n investment advisory agreement with Clarity Wealth Advisors, LLC (“Clarity”) through its agent and owner Mr. Dalal. (FAC ¶ 20.) Pursuant to the agreement, Clarity agreed to provide investment advice to Plaintiff. (FAC ¶¶ 21 -22.) At all times relevant, Def endant Dalal was also a member of Casa Blanca Investments, LLC (“Casa Blanca”) and its agent. (FAC ¶ 41.) In October 2018, Mr. Dalal advised Plaintiff to invest in Ca...

Excerpt: ...d minimum wages, failed to provide meal and rest periods or pay associated premiums, and failed to provide code -complaint wage statements, among other Labor Code violations. Before the Court is Plaintiff's motion for preliminary approval of settlement, which is unopposed. As discussed below, the Court GRANTS Plaintiff's motion. XIV. BACKGROUND According to the allegations of the operative class action complaint (“Class Complaint”), Plaintiff...

Excerpt: ...val of set tlement, which is unopposed. Subject to the changes to the notice discussed below, the Court GRANTS Plaintiff's motion for preliminary approval. I. BACKGROUND A. Factual According to the allegations of the operative complaint (“Complaint”), Plaintiff was employed by Defendant, who provides childhood care and education, from approximately October 2014 through May 2018 as a Substitute Teacher, an hourly- paid, non-exempt position. (C...

Excerpt: ... of these motions. The court's limited understanding as to the individual defendants, based on the parties' papers (which barely differentiate between the defendants), is as follows: (1) Tessier -Lavigne was the President of Stanford at the time of Katie Meyer's suicide —he is no longer President but is still employed by Stanford; (2) Brubaker -Cole is the Vice Provost for Student Affairs; (3) Zumwalt is the General Counsel; (4) Caldera is the ...

Excerpt: ...n November 2, 2023, finding that Northrup failed to provide wage statements that complied with Labor Code Section 226 (“Section 226”) by (1) using two -separate wage -related documents to provide all legally -required information instead of one, (2) not listing the correct employ er name and (3) not permitting a reasonable employee to use simple math to calculate total hours worked when overtime hours were listed on the pay statement. The Co...

Excerpt: ... and Pla intiffs surrendering the vehicle. The parties could not agree on an amount of reasonable fees and costs, thus this motion followed. II. Legal Standard An attorneys' fee award to the prevailing party is mandatory under the Song -Beverly act: “If the buye r prevails in an action under this section, the buyer shall be allowed the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including ...

Excerpt: ... (1) Violation of 15 U.S.C. §§ 1681b(b)(2)(A) (Fair Credit Reporting Act); (2) Violation of 15 U.S.C. §§ 1681d(a)(1) and 1681g(c) (Fair Credit Reporting Act); (3) Violation of California Civil Code § 1786 et seq. (Investigative Consumer Reporting Agencies Act); (4) Violation o f California Civil Code § 1785 et seq. (Consumer Credit Reporting Agencies Act); (5) Failure to Provide Meal Periods (Lab. Code §§ 204, 223, 226.7, 512 and 1198); (...

Excerpt: ...sets forth the following causes of action: (1) Failure to Pay Minimum Wages; (2) Failure to Pay Overtime Wages; (3) Failure to Provide Meal Periods; (4) Failure to Permit Rest Breaks; (5) Failure to Reimburse Business Expenses; (6) Failure to Provide Accurate Itemized Wage State ments; (7) Failure to Pay Wages Timely During Employment; (8) Failure to Pay All Wages Due Upon Separation of Employment (9) Violation of Business and Professions Code §...

Excerpt: ...; and (2) David Hernandez v. Burdick Painting (Santa Clara County Superior Court, Case No. 20CV366446) (“Second Action”). Both cases are putative class actions arising out of alleged wage and hour violations. The Class Action Complaint filed in the First Action on Febr uary 21, 2020, sets forth the following causes of action: (1) Failure to Pay All Wages; (2) Failure to Pay Reporting Time Pay in Violation of California Labor Code §§ 218, 1...

Excerpt: ...4401) (“F irst Action”); and (2) Kenneth Nguyen v. Port Plastics, Inc. (Santa Clara County Superior Court, Case No. 22CV394403) (“Second Action”). The Representative Action Complaint filed in the First Action on February 15, 2022, set forth a single cause of action for Civil Penalties Pursuant to Labor Code §§ 2699, et seq. (“PAGA”) based on underlying wage and hour violations. The Class Action Complaint filed in the Second Action...

Excerpt: ...nder Labor Code §§ 26 98 et seq. (“PAGA”). On November 30, 2022, the court entered an Order Deeming Case Complex and Staying Discovery and Responsive Pleading Deadline. On December 5, 2022, Plaintiff filed a Proof of Service of Summons, stating that the summons and complaint was served on Defendant's registered agent on December 2, 2022. The minute order from a Case Management Conference on April 19, 2023, states that the court lifts the s...

Excerpt: ...tion.” (See also Department of Forestry & Fire Protection v. Howell (2017) 18 Cal.App.5th 154.) There are four types of terminating sanctions: (1) striking pleadings in whole or in part; (2) staying further proceedings by a party until it obeys a discovery order; (3) dismissing the action or part of it; and (4) rendering a default judgment. (Code of Civ. Pro. §2023.030(d).) An issue sanction either orders that designated facts be taken as esta...

Excerpt: ...t a single cause of action for intentional tort – defamation.2 Zhan alleges that Tang intentionally and maliciously mistranslated Zhan's emails from Chinese to English as part of the evidence submitted to the Santa Cruz court in the civil harassment case. According to Zh an, she notified Tang about these alleged mistranslations and thereafter sent a cease -and -desist letter to Tang. Zhan never received a response from Tang. Zhan then filed t...

Excerpt: ...zemipour lied about investment opportunities, which caused Plaintiff to invest money with him that Kazemipour spent on unauthorized personal expenses and travel. (FAC, ¶ 21.) With the assistance of defendant Troy Foster, Kazemipour defrauded Plaintiff out of approxima tely $750,638. (Ibid.) On information and belief, Tirgari alleges from 2019 to 2021, Kazemipour used funds from their joint investment account for his own personal benefit and the...

Excerpt: ...ttachment alleges that “Pomogaibo has to sent [sic] order for publication, summons, and credit card details to newspaper. Newspaper has to publish summons 4 weeks and charge $400 for it. Newspaper refused to comply with court order based on conversation with attorney Ekate rina Berman, who said to newspaper three false datums – she represented his client Yevgeniy Babichev, [I]'m [vexatious] litigant, [I] have not received permission from pres...

Excerpt: ...undivided one - eighth tenant -in -common interest in the Cupertino Property, and Irina is owner of an undivided three - eighths interest in the Cupertino Property. (Id. at ¶¶3 -4.) Bernard is the father of Owen, the father -in - law of Irina, a trustee of the Bernard Buckvar Revocable Trust dat ed October 24, 2014 (the “Trust”), and the owner of undivided one -half interest in the Cupertino Property. (Id. at ¶5.) On 2 December 2014, Berna...

Excerpt: ... victims and killed two others. Grace Solutions provides emergency shelter for the unhoused throughout San Jose, CA. (RSSUF Nos. 1 & 2) In 2021, Grace Solutions entered into an agreement with Defendant GRACE BAPTIST CHURCH to utilize their space for Grace Solutions' emer gency shelter for the unhoused. (RSSUF No. 3) At the time of the incident, Grace Solutions had seven employees, including Mr. Chelley, and a number of volunteers working at the p...

Excerpt: ...S OF SHANNON AND ELIZABETH CRAWFORD Factual and Procedural Background Soukoulis FAC Plaintiff Richard D. Soukoulis (“Soukoulis”) is the owner of residential real property commonly known as 21296 Cinnabar Hills Road in San Jose (“Soukoulis Property”). (First Amended Com plaint (“FAC”), ¶1.) Defendants Diana Avila Southern and Richard Southern (collectively, “Southerns”) are owners of residential real property commonly known as 212...

Excerpt: ...ehavior by a s enior executive as required by Samsung internal policies and was promptly fired in retaliation for this protected activity. Mo filed his Complaint on December 2, 2022, asserting (1) unlawful retaliation in violation of public policy, (2) wrongful termination in violation of public policy, and (3) discrimination and harassment. Samsung filed an answer on February 6, 2023, denying all allegations and asserting in its fifteenth af...

Excerpt: ...9, Plaintiffs purchased real property located at 710 North Winchester Boulevard in Santa Clara (the “Property”). (TAC, ¶ 1.) Samantha Landon was the Sellers' real estate agent and Excel was the real estate broker for the Sellers. (TAC, ¶ ¶ 4, 5.) Walter E. Mc Guire Real Estate was the real estate broker. (TAC, ¶ 6.) Morgan Ann Amos Manos was Plaintiffs' real estate agent on the Property under the brokerage of McGuire. (TAC, ¶ 7.) On Apri...

Excerpt: .... Plaintiff Eftychios Theodorakis alleges that he was employed by Defendant Dfinity as a software engineer in August 2018. (Complaint, ¶11.) Dfinity is a wholly owned subsidiary of Dfinity Stiftung, a not -for - profit foundation with its principal place of business in Zurich, Switzerland (“Dfinity Foundation”). (Complaint, ¶¶2, 3, 11.) Dfinity is a decentralized network design whose tokens are a form of digital currently similar to ...

Excerpt: ...partan sought damages i n the amount of $31,945.19 plus finance charges and interest and attorney's fees of $2,058.00. (See 4AC, first cause of action, ¶¶ BC -2 -6.) Defendant Annie Kim Le, aka Annie Le, aka Annie K. Le, Anniel A. Le, aka Anh Le, aka Kim Le, aka, Kim A. Le, aka A nnie Le Anna, aka K. Le Anna, aka K. Leannie, aka K. L. Leannie dba American Gas & Oil Corporation and dba Philip, LLC (“Le”) personally guaranteed and promised ...

Excerpt: ...osts of $1,5660.40 for a total of $121,272.90. Nguyen is the “prevailing defendant under CCP section 425.16(c), which mandates that “a prevailing defendant on a special motion to strike shall be entitled to recover his or her attorney's fees and costs.” (CCP § 425.16(c).) On November 8, 2023, the Court issued an order granting Nguyen's anti -SLAPP motion with respect to six of the seven counts contained in Plaintiff's First Amended Complai...

Excerpt: ...ollectively, “Defendants”). Dr. Kethineni is a medical doctor with a specialization in infectious diseases who practices at San Joquin General Hospital. (Complaint at ¶ 2.) In December 2010, non- party Neelinfo, Inc. (“Neelinfo”), a California c orporation, entered into a commercial agreement (“Agreement”) with defendant Techorbit, a Texas corporation. (Complaint at ¶ 3.) On June 13, 2012, Techorbit filed an action against Dr. Keth...

Excerpt: ...d SAC, Plaintiff had a duty to “competently” advise City Entities and to defend them in “numerous lawsuits” involving the City Entities' ownership of the “San Francisco 49ers football team.” (Id. at ¶ 3.) From approximately February 2017 to December 2017, Plaintiff became the “Interim City Attorney” for the Defendant, in a “part time capacity.” (Id. at ¶ 4.) From December 19, 2017, until his termination on September 2, 2021,...

Excerpt: ...c. (collectively, “Defendants”). According to the first amended complaint (“FAC”), the subject of this action concerns certain real property located at 3962 Ross Avenue in San Jose, California (“Property”). (FAC at ¶ 1.) The Mathew Wang Li ving Trust Dated May 5, 2021 (“Trust”) was and is the co -owner of the Property. (FAC at ¶ 2.) Plaintiff and his late wife, Betty Wang (“Betty”1), were cotrustees of the Trust. (Ibid.) Up...

Excerpt: ...er Labor Code vio lations. Before the Court is Plaintiff's motion for approval of PAGA settlement, which is unopposed. As discussed below, the Court GRANTS Plaintiff's motion. VII. BACKGROUND According to the allegations of the operative First Amended Complaint, Plaintiff was employed by Defendants as a non -exempt employee from January 1, 2017, through March 25, 2021. Defendant Lite -On Inc. is engaged in the research, development, sale and dist...

Excerpt: ...laintiff's motion. I. BACKGROUND As alleged in the operative complaint, Plaintiff worked for Defendant as an RN Case Manager from November 13, 2020 to June 28, 2021. (Second Amended Class Action Complaint for Damages (“SAC”), ¶ 6.) Plaintiff alleges that Defendant f ailed to provide her and other employees with accurate itemized wage statements and failed to pay meal and rest break premiums at the regular rate of pay. (Id., ¶ 18.) Specific...

Excerpt: ...s. (Complaint, ¶ 1.) O n March 5, 2015, Royal Coach and Miletak entered into an employment agreement in which Miletak agreed to participate in Royal Coach's Student Driver Trainee Program. (Id. at ¶ 5.) Under the program, Royal Coach would pay Student Driver Trainees to attend classroom instruction, enabling them then to apply for a commercial driver's license. (Ibid.) Upon completion of the program, Royal Coach had the option to hire trainees ...

Excerpt: ... (“UPI”). (Complaint, ¶¶ 4 -5.) Cheng, a licensed accountant, provided accounting services to the brothers and to UPI. (Id. at ¶¶ 2 -3, 6, 9, 14 & 19.) In 1991, UPI established a Money Purchase Pension Plan (“Plan 1”) and a Profit Sharing Plan (“Plan 2”). (Complaint, ¶ 10.) S cott made contributions and payments to Plan 1 and Plan 2. (Id. at ¶ 12.) In addition, UPI was required to make annual contributions to Plan 1 for Scott. ...

Excerpt: ...n May 3, 2023, plaintiff s Lingsen and Hang Chun Leung (collectively, “Plaintiffs”) filed the FAC against defendants Welcome Market and Welcome Market's owner, Tawa Supermarket, Inc. (“Tawa”) (collectively, “Defendants”) asserting causes of action for: 1) Premises liability; 2) Negligence; and, 3) Loss of consortium. Defendants move for summary judgment, or, in the alterative, for summary adjudication of each cause of action, on the ...

Excerpt: .... App. 4th 1272, 1283 (citations omitted).) “The petitioner bears the burden of proving the existence of a valid arbitration agreement by a preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. [Citation.] In these summary proceedings, the trial court sits as a trier of fact, weighing all the affidavits, declarations, and other documenta...

Excerpt: ...periods or pay associated premiums, failure to provide code -compliant wage statements, and other Labor Code violations. Before the Court is Defendants' motion to (1) compel arbitration of Plaintiffs' individual PAGA claims and (2) stay the representative PAGA claim pending resolution of the arbitration, which is opposed by Plaintiffs. As discussed below, the Court GRANTS Defendants' motion to compel arbitration of Plaintiffs' individual PAGA cla...

Excerpt: ...egligent repai r, and fraud by concealment. Plaintiffs now seek an order compelling Ford to produce documents relating to (1) the subject Vehicle (RFP Nos. 1, 3, 12, 15); (2) internal Knowledge and investigation Discovery (RFP Nos. 17, 19, 31, 36, and 39); (3) documents concerning summaries and memos regarding transmission defects (RFP Nos. 43, 45, and 46); (4) documents concerning buyback policies and procedures (RFP Nos. 56, 57, 58, 68, 69, and...

Excerpt: ... complaint wage statem ents, among other Labor Code violations. Before the Court is Plaintiffs' motion for preliminary approval of settlement, which is unopposed. As discussed below, if satisfactory clarification is provided concerning whether the notice will be provided in lan guages other than English, the Court will GRANT the motion. XIII. BACKGROUND According to the allegations of the operative Third Amended Complaint (“TAC”), Plaintiffs...

Excerpt: ...ivil Penalties for Violations of California Labor Code, Pursuant to PAGA, §§ 2698, et seq. (“PAGA”). The parties reached a settlement of the PAGA claim. Plaintiff moved for approval of the PAGA settlement. The motion was unopposed. On February 7, 2024, the court continu ed the motion for approval of the PAGA settlement to March 13, 2024. The court explained that it had multiple concerns regarding the fairness of the settlement. First, the l...

Excerpt: ...n February 18, 2020, sets forth the following causes of action: (1) Failure to Pay All Hours Worked; (2) Failure to Pay All Overtime Hours; (3) Meal Period Violations; (4) Rest Period Violations; (5) Failure to Reimburse Business Expenses; (6) Wage Statement Violations; (7) Waiting Time Penalties; (8) Private Attorney General Act; and (9) Unfair Competition in Violation of Cal. Business and Professions Code § 17200, et seq. On April 22, 2022, Pl...

Excerpt: ..., 2022, sets f orth the following causes of action: (1) Willful Misclassification of Employees as Independent Contractors; (2) Failure to Provide Required Meal Periods; (3) Failure to Provide Required Rest Breaks; (4) Failure to Pay Overtime Wages; (5) Failure to Pay Min imum Wages; (6) Failure to Pay Timely Wages; (7) Failure to Pay All Wages Due to Discharged and Quitting Employees; (8) Failure to Maintain Required Records; (9) Failure to Furn...

Excerpt: ... Under the Pri vate Attorneys General Act (“PAGA”). Plaintiff alleges that defendant Facility Masters, Inc. (“Defendant”) had an unlawful rounding policy, failed to compensate employees for “off the clock” time, failed to compensate employees when they worked through me al periods, failed to accurately calculate employees' regular rate of pay, failed to provide employees with accurate and complete itemized wage statements, failed to k...

Excerpt: ...license Old DivX's codec software. (Complaint, ¶ 1.) In 2013, Plaintiff and Old DivX allegedly amended the contract so Plaintiff could purchase a perpetual license to the Old DivX decoder software. (Id. at ¶ 2.) Plaintiff subsequently paid the perpetual license fee. (I bid.) Plaintiff alleges that it continued using, and reporting its use of, the perpetually licensed Old DivX software for the next eight years without any issues or disputes. (Co...

Excerpt: ...opposes the motion. Because the court sees little to no utility in a four -month stay, and because Timothy does not demonstrate any valid basis for a stay, the court DENIES the motion. Timothy contends that this case was commenced improperly by his brother, Brian Bumb (“Brian”), in Bria n's capacity as manager of S.J. Bayshore, and that the First Street case will establish this fact by granting Timothy a declaratory judgment that Brian unlawf...

Excerpt: ...ion”]; Stepan v. Garcia (1974) 43 Cal.App.3d 497, 500 [the court may take judicial notice of its own file].) Accordingly, the court takes judicial notice of its own file in this matter. Plaintiff's moving papers filed 10/10/2023 and on 2/1/2024 show her address is: 2694 GLEN DOON CT, SAN JOSE, CA 95148. Here, the proof of service filed 6/29/2022 shows that Defendant was served by substitute service. It states that the summons and complaint ...

Excerpt: ...d and wa s responsible for maintaining the roadway and contracted with Defendant MasTec North America, Inc. (“MasTec”) to dig and/or maintain trenches or tunnels for electrical components near where Plaintiff's accident occurred. (Complaint, ¶¶10 -11.) According t o Plaintiff, MasTec contracted with Smart Communications Systems, LLC (“SCS”) to assist and oversee the construction, including resurfacing the roadway at the accident locatio...

Excerpt: ...der”) alleges on February 10, 2022, Lender's predecessors -in -interest entered into a loan agreement (the “Loan”) for up to $3,262,500.00. (Complaint, ¶ 7.) The borrower executed a secured note (the “Note”) in which they agreed to pay the original lender the principa l amount of $3,262,500.00 plus interest, costs, and attorneys' fees. (Complaint, ¶ 8.) To secure payment under the Loan and Note, the borrower pledged to the original le...

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 11 March 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Ord er on Motion of Defendant JPMorgan Chase Bank, N.A. to Compel Plaintiff to Respond to Discovery Requests, and Request for Monetary Sanctions. I. Statement of Facts. Plaintiff filed this complaint on ...