Excerpt: ...The Court now issues its tentative ruling as follows: I. INTRODUCTION According to the allegations of the Complaint in this case (“Nichols PAGA”), filed on December 19, 2017, plaintiff Eric S. Nichols (“Plaintiff”) was hired by defendants Northrop Grumman Systems Corporation and Northrop Grumman Corporation (together, “Defendants”) in May 2010 as an hourly, non‐exempt employee. (Complaint, ¶ 10.) Plaintiff alleges Defendants violat...

Excerpt: ...hnle on December 20, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION These are two coordinated cases arising out of alleged Labor Code violations. The Turner case is a putative class action. Turner's Second Amended Class Action Complaint for Damages (“Turner SAC”), filed on July 1, 2019, sets forth causes of action titled: (1) Violation TENTATIVE RULING RE: MOTION FOR APPROVAL OF CLASS...

Excerpt: ...ies in California. (Class Action Complaint, ¶ 8.) Plaintiff worked for defendant as a non‐exempt employee from February 20, 2017 through June 25, 2018. (Id. at ¶ 7.) He alleges that SJBH failed to include non‐discretionary incentive pay in the regular rate of pay for purposes of calculating overtime, and consequently underpaid overtime hours and provided wage statements displaying inaccurate overtime rates. (Id. at ¶ 22.) Based on these al...

Excerpt: ...9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action arising out of various alleged Labor Code violations. The Complaint, filed on November 19, 2018, sets forth causes of action titled: (1) Meal Break Violations; (2) Rest Break Violations; (3) Inaccurate Wage Statements; (4) Failure to Permit Employee Inspection of Payroll Records; (5) Failure to Permit Employee Inspectio...

Excerpt: ...cember 20, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action arising out of various alleged wage and hour violations. The Class Action Complaint for Damages, filed on February 14, 2018, sets forth causes of action titled: (1) Violation of California Labor Code §§ 510 and 1198; (2) Violation of California Labor Code §§ 26.7 and 512(a); (3) Violation of Cali...

Excerpt: ...tive ruling as follows: I. INTRODUCTION Plaintiff Elizabeth J. VanCleave (“Plaintiff”) brings this putative class action arising out of the alleged deceptive and misleading business practices of defendant Abbott Laboratories, Inc. (“Defendant”) with respect to the labeling and advertising of its PediaSure products in California and throughout the U.S. (Complaint, ¶ 1.) According to the allegations of the Complaint, filed on March 22, 201...

Excerpt: ...gatories, set two (“SI”), and for an award of monetary sanctions; and (3) the motion to compel Yifu to provide further responses to requests for production of documents, set two (“RPD”), and for an award of monetary sanctions.1 Factual and Procedural Background This is an action for retaliation. In April 2015, complainant X.Y. (“Complainant”) was hired to work as a cook for defendant Canton Prospect Inc. (“Canton”). (Complaint, ¶...

Excerpt: ... an employee was membership in the California Public Employees' Retirement System (“CalPERS”). (Id. at ¶¶ 4, 6.) From September 2016 to October 2017, Plaintiff received a temporary promotion which included a 10% increase in her salary. (Id. at ¶ 24.) She applied for, but did not get the permanent position, so she resumed her prior position. (Ibid.) Shortly thereafter, Plaintiff met with Defendant's Benefits Program Administrator, Ms. Rodri...

Excerpt: ...Plaintiffs first commenced an action against Storer on April 6, 2017, several months after the fatal collision. (Case No. 17CV308243.) In 2018, Plaintiffs decided they wanted to name the City and the District as defendants, but had not presented these public entities with an administrative claim. Acknowledging that their deadline for doing so was July 3, 2017, Plaintiffs applied to the District and the City to present a late claim in August 2018....

Excerpt: ...while working in the construction of a building at 222 North Wolfe Street in Sunnyvale. (See SAC, ¶ 3.) The general contractor was defendant Level 10 Construction L.P. (“Level 10 Construction”), and had the responsibility and duty to ensure all other contractors and subcontractors performed their work in safe and satisfactory manner, consistent with industry standards and all OSHA and CALOSHA safety regulations and standards. (See SAC, ¶ 11...

Excerpt: ...of a certain claim concerning real estate in Cupertino against defendant Chiu‐Chuan Wang (“Chiu‐Chuan”)5 and her husband Chuang‐ Min Chang (collectively, the “Changs”). (Complaint, ¶ 5.) On September 20, 2016, pursuant to the terms of a contract between Plaintiffs and the Changs, Wu sent a mediation demand via counsel to the Changs. (Id., ¶ 6.) Plaintiffs ultimately filed suit against the Changs several months later for torts aris...

Excerpt: ... Complaint, filed January 31, 2019, states three causes of action: 1) Violation of Labor Code §98.6; 2) Violation of Labor Code §1102.5, and; 3) Violation of Labor Code §6310. Currently before the Court is Plaintiff's motion to compel further (“supplemental”) responses to requests for production of documents (“RFPDs”), set one, which it propounded on all three Defendants. Discovery Dispute Plaintiff served its RFPDs on each of the thre...

Excerpt: ... value of the contract was $2.27 million. (Id. at ¶ 6.) Plaintiff performed all covenants, promises and conditions under the contract, but Defendant has not paid Plaintiff as agreed. (Id. at ¶¶ 7, 8.) Plaintiff has sustained damages after payments received of not less than $1.05 million. (Id. at ¶ 9.) As a result, Plaintiff brings the SAC alleging (1) breach of written contract; (2) money had and received; (3) money paid; (4) money lent; (5) ...

Excerpt: ...00341); (2) a civil harassment case, Ekaterina Berman v. Sergey Firsov (Santa Clara County Superior Court, Case No. 19‐CH‐ 008591); and (3) a civil harassment case, Sergey Firsov v. Evgeniy Babichev (Santa Clara County Superior Court, Case No. 19‐ CH‐008613). Defendant Ekaterina Berman (“Berman”), an attorney, represents Plaintiff's ex‐wife in the ongoing dissolution action. In that case, Berman helped her client file requests for o...

Excerpt: ...��Subject Property”). (Second Amended Complaint (“SAC”), ¶¶5 and 16.) The Agreement was a partnership enterprise and contained two main components. (SAC, ¶17.) The first component was a service agreement wherein Asefi was to perform, or cause to be performed, certain work upon the Subject Property to improve its condition for re‐sale. (SAC, ¶18.) The second component was a partnership and/or joint venture between Asefi and Marifat whe...

Excerpt: ...tive Services (“CPS”) reports, school complaints, as well as allegations of child abuse and domestic violence. (Ibid.) As a result Defendants wrongfully obtained a restraining order against Plaintiff which has prevented him from working or passing a background check. (Complaint, p. 3.) Based on the foregoing, Plaintiff filed the complaint alleging causes of action for (1) malicious prosecution; (2) intentional infliction of emotional distress...

Excerpt: ...� 1.) He entered into contracts with United for employment as a Veterinarian, Associate Veterinarian, Hospital Medical Director, and Development Director. (Id. at ¶ 14.) He was subsequently voted onto the Board of Directors of United. (Ibid.) During Plaintiff's employment, Shirey and Moore engaged in conduct contrary to United's interests which led to tension between them and Plaintiff. (SAC, ¶ 20.) Likewise, Shirey and Moore attempted to under...

Excerpt: ...f abuse and knowingly presented false reports of abuse to local and state authorities. Kamarei claims Bijan acted out of anger and jealousy because he was dating Bijan's ex‐wife, Tannaz Dastmalchi (“Tannaz”). In the cross‐ complaint, Kamarei asserts causes of action against Bijan for: (1) falsely reporting child abuse; (2) abuse of process; (3) intentional infliction of emotional distress; (4) negligent infliction of emotional distress; (...

Excerpt: ...omplaint at ¶1.) The original and still operative Complaint in this action was filed by Plaintiffs Deanna Lacy (the alleged personal representative of Decedent's estate) and Kara Quirke (Decedent's surviving spouse) on July 30, 2019. The Complaint states three causes of action against seven named defendants and “Does 1‐100”: (1) “Violation of Government Code §§ 835, 815.2(A), 815.6, 835.2 and 840.4 (in essence a dangerous condition of ...

Excerpt: ...2005, Plaintiffs obtained a loan of $632,000 from America's Wholesale Lender that was secured by a deed of trust for real property located at 4992 Mise Avenue in San Jose, California (the “Property”). (FAC, ¶ 10.) America's Wholesale Lender eventually transferred the loan to Countrywide Home Loans (“Countrywide”) who thereafter modified the loan in 2008. (¶ 11.) The modification reduced Plaintiffs' monthly mortgage payment to $2,500. (I...

Excerpt: ...their home. Best Build, in turn, hired subcontractor Lopez. Plaintiffs allege Best Build and its subcontractors, including Lopez, did not carry out the construction project in accordance with the specifications in the contract and with due care. Plaintiffs assert a cause of action against Best Build for breach of contract and a second cause of action against Best Build and all of its subcontractors, including Lopez, for negligence. Lopez argues t...

Excerpt: ...iang”) in mid‐2014 to discuss the possibility of investing in defendant Zen Media Entertainment Group, Inc. (“Zen Media”). (First Amended Complaint (“FAC”), ¶22.) Defendants Deutsch and Liang told Plaintiffs that Zen Media was an investment firm focused on developing and investing in entertainment, social media, video games and mobile commerce companies. (FAC, ¶22.) Defendants Deutsch and Liang made material misrepresentations to Pl...

Excerpt: ...urt. (Id.) Defendants Lexington and Mumbert located Decedent in Nevada and took Decedent into custody. (Id.) An arrangement had been made for Decedent to be represented by defendant Robert Drescher (“Drescher”) in the Santa Clara proceedings. (Id.) On September 11, 2016, defendant Drescher acquired an airplane owned by defendant RCS3 LLC and flew to Reno, Nevada to pick up defendant Mumbert and Decedent for transport to Santa Clara County for...

Excerpt: ...��Subject Property”). (Second Amended Complaint (“SAC”), ¶¶5 and 16.) The Agreement was a partnership enterprise and contained two main components. (SAC, ¶17.) The first component was a service agreement wherein Asefi was to perform, or cause to be performed, certain work upon the Subject Property to improve its condition for re‐sale. (SAC, ¶18.) The second component was a partnership and/or joint venture between Asefi and Marifat whe...

Excerpt: ...I, Set Two, on Defendant. (Declaration of Danny Ledezma in Support of Motion to Compel (“Ledezma Decl.”), ¶ 2, Exhibit 1.) After Defendant failed to provide timely responses, its counsel requested an extension. (Id., ¶ 6.) On July 25, 2019, Plaintiff's counsel granted the extension but noted that Defendant had waived all objections by failing to timely respond to the discovery requests. (Id., Exhibit 5.) On August 5, 2019, Defendant served ...