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: ...ng before the Honorable Thomas E. Kuhnle on August 3, 2018, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative consumer class action. Plaintiff Sherrie Lyn Walker (“Plaintiff”) alleges defendants Vantage Sourcing, LLC (“Vantage”), Scott Alan Stanford, and Derrick Dean Willman (collectively, “Defendants”) have a routine practice of sending initial written communication...

Excerpt: ... Thomas E. Kuhnle on August 3, 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 arising out of various alleged Labor Code violations. The First Amended Complaint (“FAC”), filed on March 29, 2018, sets forth the following causes of action: (1) Failure to Provide Required Meal Periods; (2) Failure to Provide Required Rest Periods; (3) Failure to Pay Overtim...

Excerpt: ...ON This is a putative class action. According to the allegations of the Complaint, filed on October 19, 2017, defendant Wells Fargo Bank, N.A. (“Wells Fargo”) promises its customers who do not opt into Wells Fargo's Overdraft Service that it will not authorize or charge overdraft fees on non‐ recurring debit card transactions. (Complaint, ¶ 1.) However, Wells Fargo authorizes and charges overdraft fees on Uber and Lyft and other one‐time...

Excerpt: ...or seeking default and default judgment are so numerous that the Court will not detail all of them. A judge may enter a default judgment against a defendant only if the plaintiff has precisely followed certain procedures that ensure that the defendant received sufficient notice of the pending action to make an informed choice as to whether to defend or ignore the plaintiff's claims. (Fasuyi v Permatex, Inc. (2008) 167 Cal.App.4th 681, 691.) T...

Excerpt: ...��3, 6‐7.) Defendants have engaged in numerous activities constituting nuisances and/or violating the conditions, covenants and restrictions (“CC&Rs”) for their subdivision. (Id. at ¶¶ 10‐21.) Among other things, they regularly allow their property to be occupied by more than fifteen adults, dump trash on their neighbors' lots, park cars on the lawn of their property, and conduct activities resulting in excessive noise. (Id. at ¶ 9.) S...

Excerpt: ...id McKee (“McKee”) with form interrogatories‐general (“FI”), set one, and request for production of documents (“RPD”), set one.1 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.2 Defendant McKee was granted an extension until December 8, 2017 to serve responses to the discovery.3 Plaintiff S...

Excerpt: ...��Complainant Mozilla Corporation's Motion to Compel Plaintiff and Cross‐ Defendant Yahoo! Singapore Digital Marketing Pte. Ltd. to Provide Further Responses to Request for Production (Set 1) (4) Motion to File Under Seal Portions of Defendant and Cross‐Complainant Mozilla Corporation's Documents ISO Motions to Compel Plaintiffs and Cross‐Defendants Yahoo Holdings, Inc., Oath (EMEA) Ltd., and Yahoo! Singapore Digital Marketing Pte. Ltd. to ...

Excerpt: ... Contract; 2) Account Stated; 3) Unjust Enrichment; 4) Quantum Meruit, and; 5) Unfair Competition (violation of Bus. & Prof. Code §17200). The pleadings limit the issues presented for summary judgment or adjudication. (See Government Employees Ins. Co. v. Sup. Ct. (2000) 79 Cal.App.4th 95, 98; Laabs v. City of Victorville (2008) 163 Cal.App.4th 1242, 1258; Nieto v. Blue Shield of Calif. Life & Health Ins. (2010) 181 Cal.App.4th 60, 73 [“the pl...

Excerpt: ...h action”. The “Lodestar” analysis is appropriate for determining attorney fees under the provisions of the Act. The Lodestar methodology requires determination of the number of hours reasonably expended and the reasonable hourly rate that is prevailing in the community for similar services. Keep Our Mountains Quiet v. County of Santa Clara (2015) 236 Cal.App.4th 714; Rey v. Madera Unified Sch. Dist. (2012) 203 Cal.App.4th 1223; Building a ...

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: ...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: ...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: ...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: ...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: ...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: ...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: ...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...