Excerpt: ...ual and Procedural Background In this consolidated action, various plaintiffs have filed complaints regarding damage allegedly caused by subterranean tree roots and sewer depressions/sags. The consolidated action includes the following cases: (1) Hector Rivera, et al. v. City of Sunnyvale, et al. (Santa Clara County Superior Court, Case No. 2013‐1‐CV0240935) (“Rivera Action”) (2) Casa De Amigos Investments Ltd. v. City of Sunnyvale (Santa...

Excerpt: ...Kent Wang, Kathleen Wang, Xiao Rong Zhou, Ruo (Laura) Li, Zhengmao Zhu, LXRZ, Inc., Firetide, Inc. (“Firetide”), George Zhu (“Zhu”), Xin Liu (“Liu”), and Da Yong Guan (“Guan”) (collectively “Defendants”). As alleged in the Fourth Amended Complaint (“4AC”), Ampro and Consolitech are circuit board assembly and manufacturing companies owned by Elliot Wang (“Wang”) and located in Fremont, CA. (4AC, ¶¶ 1‐2, 23.) As Wang...

Excerpt: ...and a detached three car garage for $270,000. (See SAC, ¶¶ 3, 19‐20.) On May 8, 2018, Defendant breached the contract by unilaterally voiding the contract and demanding that Plaintiff accept a new contract with different and unconscionable terms. (See SAC, ¶ 21.) Defendant refused to provide any payment despite completion of the work performed. (See SAC, ¶¶ 22‐23.) Plaintiff asserts that he has been damaged in excess of $135,000. (See SA...

Excerpt: ...cisco Pizza, Inc. (“San Francisco Pizza”) (collectively, “Plaintiffs”). I. Background A. Factual This action arises from a failed attempt to open a restaurant in a commercial condominium complex. According to the allegations of the TAC, Plaintiffs purchased a commercial condominium unit (“Unit 9015” or the “Unit”) in the Vietnam Town shopping center in San Jose with designs on operating a pizza restaurant. (TAC, ¶¶ 1, 12‐15, 1...

Excerpt: ...g the superior design, engineering, and road worthiness of the Vehicle. (SAC, ¶12.) In November 2013, the Vehicle, while driven by plaintiff Miller, suddenly and without warning, switched into the neutral gear position. (SAC, ¶13.) During the course of vehicle repairs, plaintiff Miller learned that the problem he experienced was related to a defect in the Vehicle's driver controller module which caused the transfer case to switch into the neutr...

Excerpt: ...es of action: 1) Breach of Contract (by Headstart against Uesugi); 2) Breach of Contract (by T and C Supplies against Uesugi), and 3) Common Count—Goods and Services Rendered. Plaintiffs' First Amended Complaint (“FAC”) filed January 9, 2019 added a defendant and two more claims for a total of five causes of action: 1) Breach of Contract, alleged by Plaintiff Headstart Nursery against Uesugi only; 2) Breach of Contract, alleged by Plaintiff...

Excerpt: ...plaint, ¶16.) The Foundation is a tax exempt entity that receives State, Federal, charitable, and other funds earmarked to operate the MetroEd High School, Adult Education program, and its Career Technical Education (“CTE”) programs. (Complaint, ¶¶14 and 17.) Plaintiff Adams made disclosures of District's misuse of Federal Perkins and State Pathway practices, asbestos and other contamination. (Complaint, ¶22.) Plaintiff Adams was construc...

Excerpt: ...rty in Morgan Hill. (Complaint, ¶ 1.) The Chellinos and C&C own an adjacent property where they store equipment for their landscaping business and perform work including grading and drainage. (Id. at ¶ 3.) C&C negligently performed grading and construction on the property and at a nearby creek without permission, creating an unsafe floodwater hazard. (Id. at ¶ 8.) As a result, the creek drained toward and into Plaintiff's property and residenc...

Excerpt: ...aintiff Fernanda Rocha Hawkins'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 Standards for Approving a Class Action Settlement Generally, “questions whether a settlement was fair and reasonable, whether notice to the class was adequate, whether certification of the class was proper, and whether the attorney fee award was proper are matters...

Excerpt: ...s is a class action for recovery of penalties under the California Labor Code Private Attorneys General Act of 2004 (“PAGA”). Plaintiff Eva Sharp (“Plaintiff”) worked as a cashier for defendant Safeway, Inc. (“Defendant”) in California. (Complaint, ¶¶ 3‐4.) Plaintiff alleges Defendant failed to provide Plaintiff and the other putative class members with seats. (Complaint, ¶ 17.) The Complaint, filed on June 13, 2011, sets forth a...

Excerpt: ...es and costs. I. Factual and Procedural Background As alleged in the operative complaint in the lead action (the First Amended Complaint or “FAC”), defendant Island Hospitality Management, Inc. provided hotel management services to hotels throughout California until December of 2014, when it converted to Island Hospitality Management, LLC. (FAC, ¶¶ 7‐8.) Among the hotels to which defendants have provided services is the Residence Inn by M...

Excerpt: ...iled to pay all wages due to employees due to illegal time rounding; failed to pay overtime for all overtime hours worked; failed to pay 7th‐day overtime; violated Labor Code section 552's prohibition on over six consecutive working days per week; failed to provide meal and rest periods; derivatively and independently failed to provide accurate wage statements; and are derivatively liable for penalties pursuant to Labor Code section 203, the Pr...

Excerpt: ... I. INTRODUCTION This is a case for recovery of penalties under the California Labor Code Private Attorneys General Act of 2004 (“PAGA”). The Complaint, filed on February 7, 2018, sets forth the following causes of action: (1) PAGA Penalties for Failure to Pay Wages Owed; (2) PAGA Penalties for Failure to Provide Meal Periods; (3) PAGA Penalties for Waiting Time Penalties; and (4) PAGA Penalties for Itemized Wage Statement and Recordkeeping V...

Excerpt: ...a, Washington. (TAC, ¶ 17.) Plaintiff and Husband purchased property in Newport, Washington and Banner issued home equity lines of credit (“HELOC”), secured by the property. (Id. at ¶ ¶177, 179, 180.) The loans was sought by Husband, who caused a third person to fraudulently notarize the bank documents. (Id. at ¶ ¶ 179, 181.) The lines of credit exceeded the value of the property, and Plaintiff was unaware of their existence. (Id. at ¶�...

Excerpt: ...Tristen Heitz, R.N.; hereafter, “Heitz”), Dean Vistnes, M.D., and Dean Vistnes, M.D., Inc. (collectively “Defendants”). According to the allegations of the First Amended Complaint (“FAC”), in August 2015, Plaintiff visited Skinspirit Skincare Clinic and Spa, Skinspirit LLC, and Skinspirit Essential, LLC (collectively “Skinspirit”) to undergo certain procedures, including Ultherapy. (FAC, ¶8.) Skinspirit agreed to supervise and ma...

Excerpt: ...cle to a Kia authorized repair facility (Capitol Kia) for repair of nonconformities (“repairs of the engine and electrical”) on multiple occasions and Defendants were unable to bring to vehicle into compliance with the express warranties that accompanied its sale. The original and still operative Complaint was filed on December 19, 2018 and states three causes of action, all for violations of the Song‐Beverly Act, against Defendant Kia Moto...

Excerpt: ...shine I. L.P. (“Evershine”) owns commercial property in Santa Clara County. (Id. at ¶ 2.) Defendants Wayne Okubo (“Okubo”) and Annie Chan (“Chan”) are agents of Evershine. (Id. at ¶¶ 4‐5.) Defendants Evershine, Okubo, and Chan are collectively known as “Defendants.”7 On July 31, 2006, Plaintiff entered into a contract with Defendants to lease 19770 Stevens Creek Boulevard in Cupertino, California. (Complaint at ¶ 11.) The sp...

Excerpt: ...to provide compensation if there was a failure of such utility or performance. (Complaint, ¶9.) The Vehicle was delivered to plaintiff Spencer with and developed other serious defects and nonconformities to warranty including, but not limited to, transmission and engine defects. (Complaint, ¶10.) Plaintiff Spencer delivered the Vehicle to an FCA‐authorized repair facility for repair of the nonconformities but defendant was unable to conform p...

Excerpt: ...aintiff was riding his bicycle northbound on Middlefield Road near the intersection of Lowell Avenue in Palo Alto. (FAC, ¶ 8.) As Plaintiff was riding his bicycle, he was struck by a 2005 Gray Acura TL that was “owned, controlled, maintained, entrusted, handled, managed, supervised, operated and/or possessed” by defendants Diep Diep (“Diep”) and Ching‐Pei Hu (“Hu”). (Id. at ¶¶ 4 & 8.) As a result of the accident, Plaintiff suffer...

Excerpt: ...rs from arguments made in the Anti‐SLAPP motion. The Court will allow the tardy filing Paragon objects to consideration of the opposition to the motion because it was not timely filed. Admittedly, the opposition filed on October 7, 2019 was not filed the full nine court days required. However, the Court will exercise its discretion to consider the late opposition as TFLG established good cause that it did not know of the motion because the serv...

Excerpt: ...tiff purchased the Vehicle from a person or entity engaged in the business of manufacturing, distributing, or selling consumer goods at retail.” (Ibid.) In connection with Plaintiff's purchase of the Vehicle, Defendant provided express written warranties by which it undertook to preserve or maintain the utility or performance of the Vehicle, or to provide compensation if there was failure of such performance. (Id. at ¶ 7.) During the warranty ...

Excerpt: ...merica sponsors a self‐ funded health benefit plan, providing health care benefits to its employees and their dependents.” (FAC, ¶ 3.) SAP America “entered into a contractual relationship with [Aetna, Inc. and Aetna Life Insurance Company (collectively, ‘Aetna')] for Aetna to provide administrative services with respect to paying for and/or arranging for medical care to be rendered by providers like [Plaintiff] to Aetna's participants.�...

Excerpt: ...Plaintiffs requested entry of default; however, default was not entered because Defendant filed an answer. Plaintiffs move to strike the answer on the ground that it is not drawn or filed in conformity with the laws of this state because Defendant, as a corporation, may not represent itself and must be represented by an attorney, and also because Defendant is a suspended corporation. In opposition, an entity identifying itself as “Legal Propert...

Excerpt: ... 6.) He was subsequently hired as a regular employee. (Id. at ¶ 9.) Defendant promised to compensate Plaintiff 33 1/3 percent of the gross fees collected from projects assigned to him. (Ibid.) Plaintiff accepted the employment terms, but it immediately became clear that his position required substantial administrative work that did not directly lead to fee generation. (Id. at ¶ 11.) Consequently, Defendant modified his compensation agreement to...

Excerpt: ...isado”), Scott W. Benninghoven, M.D. (“Dr. Benninghoven”), and Physicians Medical Group of San Jose, Inc. to provide plaintiff Bunten with adequate and complete care and attention as well as with other necessary medical services. (Complaint, ¶15.) Defendants promised and undertook to care for, treat, and advise plaintiff faithfully, skillfully, and carefully. (Id.) Defendants, in their respective care and treatment, failed to exercise that...