Excerpt: ...RANTED. (Evid. Code, § 452, subd. (d).) Defendants' motion for summary judgment, or alternatively, summary adjudication, is DENIED. Based on the plain language of the subject promissory note alone, Plaintiff has demonstrated the existence of an actual, present controversy between the parties regarding how to interpret the meaning of terms contained therein, particularly those set forth in Sections 3(F) and 3(E) which relate to the maximum limit ...

Excerpt: ... ¶ 9.) Plaintiffs suffered serious injuries because the movement of the backhoe caused their lift basket to slam into the side of the building. (FAC, ¶ 10.) Plaintiffs assert causes of action against defendants Steve Lamming2 and his employer Duran & Venables, Inc. (collectively, “Defendants”) for negligence, battery, and intentional infliction of emotional distress for which they seek compensatory and punitive damages. Defendants filed a d...

Excerpt: ...ctric issued a Hazard Notice regarding the water heater, noting that no natural gas conversion had been made. (See FAC, ¶ 11, exh. B.) On September 6, 2016, Defendant issued a 60 day notice of termination of tenancy. (See FAC, ¶ 12, exh. C.) Defendant prosecuted an unlawful detainer action, Richard Peterson v. Virginia Galik, et al. (Super. Ct. Santa Clara County, 2016, Case No. 2016‐1‐CV‐302622). (See FAC, ¶ 13.) On the day of the Decem...

Excerpt: ... 10‐11.) They pulled her pants down and her shirt up, touched her private areas with their hands and a stick, and poured dirt and mud down her pants. (Ibid.) During the first attack, only Plaintiff and the two boys were present. (Id. at 10.) On the second occasion, the boys brought another boy to watch and participate. (Id. at 11.) This third boy told another student and the two of them told the playground aide what was occurring behind the she...

Excerpt: ...Plaintiff began working for defendant as an hourly employee on September 16, 2015, but was not provided with accurate itemized wage statements. (Id. at ¶ 8.) For example, wages identified as “Shift Reg 10” were paid at the rate of $17.32 per hour and overtime hours identified as “Shift O/T 3” were paid at $25.99 per hour, but wage statements reflected that both types of wages were paid at $15.75 per hour. (Ibid.) Plaintiff alleges that o...

Excerpt: ... 27, 2018, 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. According to the allegations of the Second Amended Complaint (“SAC”), filed on April 23, 2018, plaintiffs Thomas H. Padilla, Sr. and Darlene Padilla (collectively, “Plaintiffs”) bring this action seeking restitution for property owners in defendant City of San Jose (the “City”) for amounts pai...

Excerpt: ...proval of his attorney fees, costs, and enhancement award. Plaintiff's motion is unopposed. I. Legal Standard 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 addressed to the trial court's broad discretion.” (Wershba v. Apple Computer, Inc...

Excerpt: ...egations of the Operative Complaint Defendant Merchants & Medical Credit Corporation, Inc. (“MMCC”) is a Michigan corporation engaged in the business of collecting defaulted consumer debts in California. (Complaint, ¶ 11.) Defendants Cairnduff and Hresko are Michigan residents who plaintiff alleges are employees, agents, officers, and/or directors of MMCC and are themselves “thirdparty debt collectors” under the RFDCPA. (Id. at ¶¶ 12�...

Excerpt: ...ly reflect their pay period start dates. (Id. at ¶ 23.) Plaintiff also suffered an on‐the‐job injury on February 2, 2016. (Id. at ¶ 39.) He alleges that defendant terminated him without making any attempt to accommodate his resulting disability. (Id. at ¶¶ 39‐44.) On December 21, 2016, plaintiff filed this action, asserting class claims for (1) violation of Labor Code section 226 and (2) penalties under the Private Attorneys General Act...

Excerpt: ...ckground This is an action for defamation and intentional interference with contractual relations. Paladin is a shareholder and the president of APTFrame and Arcsona, Inc. (“Arcsona”). (5AC, ¶¶ 1‐2, 12.) Paladin was also employed by APTFrame as a Senior Program Manager for NetApp pursuant to a Statement of Work. (Id. at ¶ 12.) APTFrame, defendant Global Anchorage, Inc. (“GA”), and Appirio, Inc. (“Appirio”) each provided temporary...

Excerpt: ...ocedure, done endoscopically. (First Amended Complaint [“FAC”] at ¶ 14.) After being cleared for surgery, Kessler underwent a right carpal tunnel release procedure with the use of a Manos Device at defendant Spine and Sports Surgery Center (“Surgery Center”). (Id. at ¶ 15.) Prior to surgery, Dr. Yeh allegedly failed to disclose to Kessler that: (1) he was going to use the Manos Device; and (2) he was an investor in the Manos Device and ...

Excerpt: ...he first motion is a motion for summary judgment (“MSJ”) directed at the third cause of action for Fraud and Deceit (Promise Without Intention to Perform) in the Second Amended Complaint (“SAC”) of Plaintiff Marsha Armstrong, M.D. (“Armstrong”). The fraud claim is Plaintiff Armstrong's only remaining cause of action as the others were summarily adjudicated in Trepel's favor pursuant to this Court's Order dated June 20, 2016. That same...

Excerpt: ...her non‐Qualified Person via any platform, including identification of the non‐Qualified Person, by 5:00 P.M., July 31, 2018. Plaintiff failed to comply with paragraph 25 of the protective order to attempt informal resolution of the dispute and provide written objections stating the reasons for objection to Defendant's designation of AEO. The protective order does not specify that reasons be stated for each contested document. The Court inter...

Excerpt: ...erns Defendant's noncompliance with discovery orders filed on September 15, 2017, granting Plaintiff's motions to compel initial responses to its first sets of form interrogatories and request for production of documents. The Court originally ordered Defendant to serve complete verified responses, without objections, within 45 days. Defendant did not comply, and Plaintiff consequently filed a motion to strike Defendant's answer and associated req...

Excerpt: ...hrough its current counsel, who was not counsel of record when the discovery was initially served, essentially does not oppose the motion on its substance, and apparently acknowledges that no responses have been served. Counsel objects to the monetary sanction requested as “discretionary” (which it is not, absent certain required findings), and a “patently unreasonable and excessive.” The Court agrees with the latter contention – the am...

Excerpt: ...facts to allow the Court to conclude that he would be able to amend his complaint to state a viable claim, or to support any argument that the demurrer was not properly sustained. By virtue of the demurrer filed by Defendant that challenged Plaintiff's complaint, it was not reasonable for Plaintiff to expect a settlement and then fail to oppose the demurrer and choose not to appear at the hearing. Moreover, Defendant presented evidence that it co...

Excerpt: ...ose Sanchez, Efigenia Florencia Chavez Sanchez, and Gabino Guevara (collectively, “Plaintiffs”). Factual and Procedural Background This is an action for fraud and negligence. According to the allegations of the operative 4AC, Plaintiffs allege that defendants Leticia Ramona Sandoval Gonzalez (“Gonzalez”), Daniel Alberto Valdez Sandoval, Juventia Narciso Marquez, Felipe Carrasco Villamares, Alejandra Villamares, and Maria Carmen Arteaga Ba...

Excerpt: ...ts, namely 1697 and 1699 Foxworthy Avenue. Although not especially clear, it appears they treated these units as one parcel (the “Property”) and agreed they would each own 50 percent of the Property. In 2008, apparently after purchasing the Property, the parties “reduced their oral agreement to a written agreement with Defendants reflecting that Plaintiffs [purchased] 50% of the Property and Defendants [purchased] the other 50% of the Prope...

Excerpt: ... the plywood platform upon which Decedent stood collapsed, resulting in Decedent's multi‐story fall and subsequent death. (See SAC, ¶¶ 18, 20.) On January 29, 2018, plaintiffs Irma Vargas, individually and as representative of the Estate of Jose Luis Delgado Lopez and as successor in interest to Decedent, Sebastian Delgado‐Vargas, Monserrat Delgado‐Vargas, and Samantha DelgadoVargas by and through Irma Vargas as guardian ad litem (collect...

Excerpt: ...documents, set one; and 3. Plaintiffs' motion to deem unanswered requests for admission, set one, deemed admitted. It is apparently undisputed, and agreed by counsel, that copies of the discovery requests at issue have been provided to defense counsel, and that this was done on or about April 26, 2018. It is also undisputed that defendant at no time has served responses to this discovery, neither within 30 days of the time the documents were pers...

Excerpt: ...fendants”) negligently constructed the wooden, job‐made portable ladder being used by plaintiff Johnathan E. Looper (“Looper”) at the time of the incident by failing to equip the ladder with a rope. (Complaint, First Cause of Action, ¶GN‐1.) As a result, plaintiff Looper was harmed. (Id.) Plaintiff Looper was injured while working as an ironworker for Schuff Steel and working on real property occupied and controlled by Defendants. (Com...

Excerpt: ... in favor of plaintiff Gold in the amount necessary to prevent foreclosure of the Property plus plaintiff Gold's expenses in documenting the loan, and defendant Sims would sign and record a deed of trust to secure the loan against the Property. (Complaint, ¶4.) On or about March 15, 2016, defendant Sims signed a promissory note in the amount of $20,000. (Complaint, ¶5 and Exh. 1.) On or about March 31, 2016, plaintiff Gold provided defendant Si...

Excerpt: ...id McKee (“McKee”) with form interrogatories‐general (“FI”), set one, and request for production of documents (“RPD”), set one.12 On October 17, 2017; November 6, 2017; and November 22, 2017, defendant McKee's counsel requested and plaintiff Speaker's counsel granted extensions of time to serve answers to the FI and RPD.13 Defendant McKee was granted an extension until December 8, 2017 to serve responses to the discovery.14 Plaintif...

Excerpt: ...cedent”) was participating in a Metabolics class at defendant Achievement Fitness, LLC (“Achievement”), taught by Achievement trainer and co‐owner defendant Denise Riesenhuber (“Denise”). 1 (Complaint, ¶ 7.) In the middle of class, Decedent collapsed, lied flat on her back, motionless, unconscious, not breathing or breathing with agonal respiration, not speaking, and with eyes neither moving nor focused. (Id., ¶ 10.) After seeing th...

Excerpt: ... (“BDFTW”) (collectively, “Defendants”). According to the allegations of the verified complaint, Plaintiff is the owner of real property located at 43 Heath Street, Milpitas, CA (“Subject Property”). Plaintiff executed a mortgage relating to the Subject Property, which consisted of a Deed of Trust (“DOT”) and an Adjustable Rate Rider. The lender, Fieldstone, was a table lender for Contrywide Home Loans (“CHL”). CHL is the orig...