Excerpt: .... All three motions are opposed. I. Allegations of the Operative Complaint From March 3, 2015 to May 19, 2017, plaintiff worked for defendant as a security guard/officer. (Second Amended Complaint, ¶ 6.) During his employment, plaintiff was paid on an hourly basis as a non‐exempt employee. (Ibid.) Plaintiff alleges that Inter‐Con failed to pay security guards/officers on a weekly basis as required by Labor Code section 201.3. (Id. at ¶ 16.)...

Excerpt: ...round According to the operative First Amended Complaint (“FAC”), the “Defendant LLCs” owned, operated, and managed at least 11 massage establishments and hired massage therapists as full‐time, non‐exempt employees. (FAC, ¶¶ 5, 29.) Six of the Defendant LLCs remain active. (FAC, ¶ 6.) Individual defendants Chiu Hung Lam and Wah Yiu Lee created the Defendant LLCs for purposes of evading individual liabilities and they are the member...

Excerpt: ...s SJSU wrongfully demoted and replaced her with Haight. Plaintiff alleges Haight thereafter made defamatory statements about her. Plaintiff asserts causes of action against SJSU for wrongful demotion and gender discrimination and against SJSU and Haight for defamation. SJSU now challenges the sufficiency of Plaintiff's first cause of action for the third time. It demurs to the first cause of action for wrongful demotion in the operative second am...

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: ... ¶ 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: ... 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: ...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: ... Peters (“Peters”), to secure Moore's release on $250,000 bail. (First Amended Complaint (“FAC”), ¶¶ 10‐11.) Plaintiffs paid a $17,500 premium for the bail bond with $10,000 due immediately and $7,500 payable in monthly installments of $416.66. (FAC, ¶ 11.) Defendant Bankers Insurance Company served as the bond's surety and required that the bond be secured by six different parcels of real property. (FAC, ¶ 11.) Plaintiffs made thei...

Excerpt: ...ts for Admission are unsupported; that the requests are clear, unambiguous, straightforward and relevant; and that no substantive responses have been provided where they are required. Defendant shall serve verified, further responses to numbers 57 through 61, which comply with Code of Civil Procedure §2033.220, without further objections, within 15 days. Monetary sanctions are assessed against Defendant and his counsel, jointly and severally, in...

Excerpt: ...0 Felter Road in San Jose (“Brady Parcel”). (Complaint, ¶2.) The Brady Parcel is immediately adjacent to and shares a common boundary with the Hazari Parcel. (Id.) Defendant Brady disputes and denies the true and correct boundary line between the Brady Parcel and the Hazari Parcel. (Complaint, ¶7.) Defendant Brady also disputes and denies plaintiff Hazari's rights in express easements over and across the Brady Parcel. (Id.) Defendant Brady ...

Excerpt: ...n, wherein Defendants could lease back the subject property, provided they allowed reasonable access to the property for Plaintiff to make improvements to the property. Plaintiff alleges that Defendants failed to disclose the existence of shared water service, a fire suppression system that was not up to code, and removal of circuit breakers. Plaintiff additionally alleges Defendants' failure to allow reasonable access to the property. In May 201...

Excerpt: ...n was to be repaid with interest in two years. Defendant failed to repay the principal and interest. Plaintiffs assert two causes of action against Defendant for breach of contract and common counts. Defendant answered the FAC utilizing a judicial council form pleading entitled First Amended General Denial to First Amended Complaint (“Denial”), which contains a general denial of all allegations in the FAC as well as seven affirmative defenses...

Excerpt: ...missioner. (Id. at ¶ 3.) On September 21, 2017, the Labor Commissioner Hearing Officer rendered an Order, Decision or Award of the Labor Commissioner. (Id. at ¶ 4.) On November 22, 2017, Mish‐ra filed and served its Notice of Appeal and Notice of Undertaking with Superior Court for Labor Commissioner Case No. 12‐ 99669 CO. (Id. at ¶ 5.) On December 19, 2017, Mish‐ra filed the operative Cross‐Complaint alleging causes of action for: (1)...

Excerpt: ...n was required. No further activity occurred in the case, until Plaintiff's motion filed on July 25, 2017 seeking to “vacate notice of settlement and set case for trial.” As noted by the Court in denying the motion at the hearing on September 12, 2017: Motion to vacate notice of settlement is DENIED without prejudice. Based on the stipulation of the parties, the case was dismissed at the request of Plaintiff with jurisdiction retained under C...

Excerpt: ...2017‐1‐CV‐305120 TENTATIVE RULING RE: DEMURRER TO THIRD AMENDED COMPLAINT 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The above‐ entitled action comes on for hearing before the Honorable Thomas E. Kuhnle on July 6, 2018, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: III. INTRODUCTION According to the allegations of the Third Amended Complaint, (“TAC”), filed on May...

Excerpt: ...nsley (“Tinsley”), originally owned the Property as joint tenants. (FAC, ¶ 3.) When Mr. Tinsley passed away in February 2016, Plaintiff became the sole owner of the Property as the surviving joint tenant. (FAC, ¶ 4.) Subsequently, Plaintiff moved to Nevada and “secured Defendant to manage the [P]roperty for her since she no 1onger lived in California.” (Id. at ¶¶ 1 and 5.) “The agreement was for Defendant to rent the [P]roperty, wit...

Excerpt: ...ne 1, 2017 (“Motion”) against Defendant Mark Liew (“Defendant”) comes on regularly for hearing on Friday, July 6, 2018, at 11:00 a.m. in Department 5 (Complex Civil Litigation), the Honorable Thomas E. Kuhnle presiding. The Court now issues its tentative ruling. I. INTRODUCTION This action arises out of alleged trade secret misappropriation. The First Amended Complaint, filed on January 19, 2018, sets forth the following causes of action:...

Excerpt: ...es its tentative ruling as follows: I. INTRODUCTION According to the allegations of the First Amended Complaint (“FAC”), filed on May 24, 2016, on September 19, 2014, at about 5:30 p.m., plaintiff Stephen Graham rode his bicycle southbound on State Route 9, approaching the intersection with Austin Way in the City of Saratoga, County of Santa Clara, State of California. (FAC, ¶ 5.) Defendant Fariba Farahanchi TENTATIVE RULING RE: MOTION FOR N...

Excerpt: ...t 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a construction defect action. The Complaint, filed on August 18, 2017, sets forth the following causes of action: (1) Violation of Residential Building Standards (Civil Code §§ 896 and 897); (2) Negligence; (3) Strict Liability; (4) Breach of Implied Warranty of TENTATIVE RULING RE: MOTION TO QUASH DEPOSITION SUBPOENA 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1...

Excerpt: ...d the day before, and the plywood platform upon which Decedent stood collapsed, resulting in Decedent's multi‐story fall and subsequent death. (See SAC, ¶¶ 18, 20.) On January 17, 2018, the Court sustained the demurrer by defendants Level 10 Construction L.P. (“L10 Construction”), Level 10 Management, Inc. (“L10 Management”) and Level 10 Investments LLC (“L10 Investments”) (collectively, “Level 10 defendants”) to the fifth cau...

Excerpt: ...er he complained of substandard patient care that was occurring at the Santa Clara Valley Medical Center. As alleged in the Complaint, the County employed Plaintiff as a psychiatrist for a period of around five years. (Complaint, ¶¶ 9, 44.) During this time, Plaintiff informed Ho – his supervisor – that her policies violated a Food and Drug Administration (“FDA”) mandate. (Id. at ¶ 11.) Specifically, Ho was posting him to a juvenile of...

Excerpt: ...id McKee (“McKee”) with form interrogatories‐general (“FI”), set one, and request for production of documents (“RPD”), set one.3 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.4 Defendant McKee was granted an extension until December 8, 2017 to serve responses to the discovery.5 Plaintiff S...

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: ...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: ... 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...