Excerpt: ...95.18. On Grimley's claim form, he indicated that he was filing his claim “[i]n response to a judicial petition for forfeiture” and not “[i]n response to notice of administrative proceedings.” (Claim at p. 1.) But Grimley's claim form was the first paper filed in this proceeding; there was no pending petition.2 In November 2017, the Santa Clara County District Attorney's Office (the “DA”) filed a petition for forfeiture pursuant to He...

Excerpt: ... (See complaint, ¶ 12.) However, Novinium failed to accurately measure the length of the cables by 28%, and, in an attempt to complete the project on time, Novinium increased the injection pressure to 60 psi, double the maximum pressure provided by Novinium's documented injection procedures. (See complaint, ¶¶ 17‐20.) Moreover, Novinium reused ground clamps, improperly mixed or used defective injection fluids, and prematurely capped the cabl...

Excerpt: ... Shulmans are the current owners of 95 Mount Vernon Lane in Atherton (“Replacement Residence”). (Id.) Defendant RFBPO LLC (“LLC”) purchased the Original Residence on October 8, 2013 for $14 million dollars. (FAC, ¶¶4 and 9.) Defendant Santa Clara County Assessor's Office assessed the Original Residence value at $4.86 million dollars. (FAC, ¶4.) LLC is controlled and/or owned by Mark Zuckerberg (“Zuckerberg”), founder of Facebook. (...

Excerpt: ...ted on Mr. Usher's hand using a “MANOS device” “for a carpal tunnel repair.” (Second Amended Complaint (“SAC”) at pp. 4, 6.) Plaintiffs allege Dr. Yeh did not adequately disclose information about the MANOS device or his experience and skill using it. (SAC at pp. 6‐7.) Additionally, during the surgery, Dr. Yeh severed Mr. Usher's median nerve. (SAC at p. 4.) Subsequently, Mr. Usher told Dr. Yeh he had been experiencing “more pain ...

Excerpt: ...�FAC”), Plaintiff purchased an automobile with financing from Patelco and insurance from FLIA. At the time of purchase, FLIA provided assurances that it would pay for repairs falling within the scope of the insurance. Subsequently, the vehicle needed repairs and Plaintiff contacted FLIA to determine which repair shop would be covered by his insurance. FLIA stated Plaintiff could take the vehicle to a servicer of his choice and it would cover th...

Excerpt: ...n Santa Clara County Superior Court, case number 1‐11‐CV‐193356 (“Underlying Action”). (Second Amended Complaint (“SAC”), ¶6.) Deer Crest owned a condominium project in Utah. (Id.) Pursuant to a July 1, 2005 construction contract between Deer Crest and Silver Creek Development Group, LLC (“Silver Creek”), Silver Creek agreed to perform certain construction of the condominium project. (Id.) Granum Partners executed a written gua...

Excerpt: ...Second Amended Complaint (“SAC”) of plaintiffs Julio Mendoza (“Mendoza”) and Charise Cass (“Cass”) (collectively, “Plaintiffs”). Factual and Procedural Background This action arises out of the nonjudicial foreclosure sale of real property located at 21435 Madrone Drive, Los Gatos, CA 95033 (“Property”). Plaintiffs originally acquired the Property when they were married. (SAC at ¶¶ 1 and 7.) They allege that the Property is, ...

Excerpt: ...Plaintiff's summons and complaint is DENIED. “A defendant is under no duty to respond in any way to a defectively served summons. It makes no difference that defendant had actual knowledge of the action. Such knowledge does not dispense with statutory requirements for service of summons.” (Weil & Brown et al., CAL. PRAC. GUIDE: CIV. PROC. BEFORE TRIAL (The Rutter Group 2018) ¶4:414, p. 4‐69 citing Kappel v. Bartlett (1988) 200 Cal.App.3d 1...

Excerpt: ...tive class action for recovery of penalties under the California Labor Code Private Attorneys General Act of 2004. 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.) Now before the Court is Plaintiff's motion for class certification...

Excerpt: ... 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 Second Amended Complaint (“SAC”), filed on October 20, 2017, sets forth the following causes of action: (1) Unfair Competition in Violation of Cal. Bus. & Prof. Code, § 17200, et seq.; (2) Unfair Competition in Violation of Cal. Bus. & Prof. Code, § 17200, et seq.; (3)...

Excerpt: ...ust 15, 2016 to February 20, 2017. (Id. at ¶ 4.) He alleges that his wage statements failed to specify the hourly rates and number of hours worked for the “Premium Pay‐Hourly,” which was listed as a lump sum. (Id. at ¶ 17.) Plaintiff filed this action on May 11, 2017, asserting claims for (1) violation of Labor Code section 226 and (2) penalties under the Private Attorneys General Act (“PAGA”). The parties have reached a settlement. P...

Excerpt: ...l his termination on August 7, 2017, and was a Senior Software Engineer at its Mountain View campus. (First Amended Complaint (“FAC”), ¶ 12.) Plaintiff David Gudeman was also a Software Engineer at Google from 2013 until his termination in December 2016. (Id. at ¶ 13.) Plaintiff Manuel Amador worked for Google in San Francisco beginning in 2013, then transferred to its Zurich, Switzerland offices. (Id. at ¶ 14.) He unsuccessfully reapplied...

Excerpt: ...es paramedical examination services in the State of California, and A.P.P.S. of California is a related entity. (Class Action Complaint, ¶¶ 9‐10.) In October 2015, defendants hired plaintiff as a Medical Examiner to conduct medical exams for life insurance applications. (Id. at ¶ 7.) Plaintiff was classified as an independent contractor and compensated on a piece‐rate basis for her work. (Ibid.) She alleges that she and other members of th...

Excerpt: ...�� or that any mistakes were made. As noted in the Court's most recent order denying Plaintiff's motion for leave to amend, Plaintiff's proposed amended complaint did not address the defects that the Court found in the prior complaints, and otherwise did not state any valid claim against Defendant. Plaintiff argues that the Court should have granted her leave to amend, and suggests that reconsideration is appropriate, but has not filed any proper...

Excerpt: ...rn Tool”). Cruz asserts causes of action for premises liability and negligence against Medina and the property owners for whom he provided landscaping services. Additionally, and as relevant here, Cruz asserts a products liability claim against Northern Tool. Cruz's third cause of action for products liability consists of three separately identified counts for strict products liability, negligence, and breach of warranty. Northern Tool moves fo...

Excerpt: ...at this late date, to add a wholly new cause of action for alleged violation of Labor Code §1197.5 (the California Equal Pay Act). Plaintiff's supporting declaration does not fully and satisfactorily address any of the factors enumerated in California Rules of Court, rule 3.1324(b). Defendants' Request for Judicial Notice is granted. The Court agrees with defendants' arguments that the proposed new cause of action would add significant new factu...

Excerpt: ...r 24, 2002, plaintiff Leire Funk aka Leire Ferro (“Plaintiff”) and her ex‐husband, Rick Funk, financed real property located at 172 French Court in San Jose, California (“Subject Property”). (Third Amended Complaint [“TAC”] at ¶ 17.) As evidence of the loan, Plaintiff executed a promissory note (“Note”) and concurrently executed a Deed of Trust as security for the Note. (Ibid.) The Deed of Trust for the Subject Property was rec...

Excerpt: ...ushnell's (“Nancy”) husband, Nolan Bushnell (“Nolan”).1 (First Amended Complaint (“FAC”), ¶ 8.) Nancy owned real property located in Sunnyvale, California (“Property”) with her brother, plaintiff Robert Nino (“Nino”). (FAC, ¶ 10.) Nancy's interest in the Property “was her separate property, and not part of community property she shares with Nolan.” (Ibid.) At some unidentified time, Nancy and Nino (collectively, “Plain...

Excerpt: ...to assist plaintiff Yum in applying for and obtaining a modification of the first and second deeds of trust recorded against plaintiff Yum's property. (SAC, ¶8.) Defendant Yum verbally represented that he and/or defendants Nexus Line Inc. and Nexus Homes Inc. (collectively, “Nexus”) could obtain or provide plaintiff with a loan modification and prevent or stop any foreclosure of plaintiff's property, and that he had performed the same servic...

Excerpt: ...riage on September 15, 1996. (FAC, ¶12.) After marriage, Plaintiff and Defendant continued to reside together as husband and wife until March 6, 2016. (FAC, ¶13.) On or about February 1, 1992, Plaintiff and Defendant entered into an oral agreement by which they agreed to treat as joint property the earnings, income and all property acquired therewith, which resulted from all personal service, skill, effort, work, monetary contribution and non�...

Excerpt: ...s Plaintiffs' mother resided at the Terraces of Los Gatos from April 2015 until shortly before her death in April 2017. Plaintiffs allege Defendants repeatedly failed to provide their mother with adequate medical care, especially after she fell and fractured her hip in October 2016. For example, in April 2015, Plaintiffs' mother had a stroke and lost her sight during breakfast, but Defendants' employees failed to call for emergency medical care a...

Excerpt: ...e instant special motion to strike the Complaint in its entirety, which Plaintiff opposes.1 I. Defendant's Motion to Strike Code of Civil Procedure section 425.16 provides a summary procedure by which defendants may dispose of “strategic lawsuits against public participation” or “SLAPP” lawsuits, i.e., lawsuits brought “primarily to chill the valid exercise of constitutional rights of freedom of speech and petition for redress of grieva...

Excerpt: ...ty property – where the Second Amended Complaint is not verified, and plaintiff fails to present any admissible evidence from which the court can determine the probable validity of any real property claim. §405.38 commands “the court shall direct that the party prevailing on any motion under this chapter be awarded the reasonable attorney's fees and costs of making or opposing the motion...”. (Emphasis added.) As the court does not find on...

Excerpt: ...ll claims handling policy and/or procedure manuals, and all other DOCUMENTS, emails, bulletins, or other WRITINGS relating to policies or procedures relating to the handling of claims for liability coverage under liability insurance policies issued by NACIC.” In its response, NACIC objected, on the grounds that the information sought was protected by the attorney client privilege, the attorney work product doctrine, trade secret, and that the r...

Excerpt: ...ermal Partners, L.P.; Calpine Sonoma, Inc.; Calpine Geysers Company, L.P.; Geysers Power I Company; Geysers Power Company, LLC; and Calpine Corporation (“Calpine”) (collectively “Defendants”). Calpine is the successor‐in‐interest to Freeport and the remaining defendants are all subsidiaries of Calpine. As alleged in the Second Amended Complaint (“SAC”), in May 1987, SAI Geothermal, Inc. (“SAI”) and Freeport entered into an agr...