Excerpt: ...ges “[d]eff ects and nonconformities to warranty manifested themselves within the applicable express warranty period, including but not limited to, transmission defects, infotainment defects, body defects; among other defects and non -conformities. Plaintiff filed th is action on September 7, 2023, asserting various statutory claims, fraudulent inducement, and negligent repair. Plaintiff now seeks to compel FMC to produce further documents in ...

Excerpt: ...urt granted both motions. Plaintiff now asks the Court to vacate its grant of summary judgment for Flowers pursuant to Code of Civil Procedure 473(b) because Plaintiff mistakenly filed her opposition to both motions late because she thought both motions were s et for January 22, 2024. Plaintiff's request is denied. While Plaintiff is correct that the Court declined to exercise its discretion to consider Plaintiff's late filed opposition because...

Excerpt: ... enumerated “issues,” which the court heard on July 18, 2023. The court granted the motion with respect to Issue No. 5, determining “that Galan Ramirez, like all of the drivers on the roadways in California, had a duty to operate his vehicle in a safe and reasonable manner .” (July 18, 2023 Order at p. 6:5 -7.) The court denied the motion with respect to all of the other issues, none of which disposed of a cause of action, affirmative def...

Excerpt: ...ting four causes of action against State Farm and/or non -insurance company defendants: (1) Breach of Contract (the insurance policy, alleged against State Farm only); (2) Breach of the Implied Covenant of Good Faith and Fair Dealing (insurance bad faith, alleged against S tate Farm only); (3) Negligence (against all defendants); and (4) Unfair Business Practices (against all defendants). While the specific insurance policy for the subject prope...

Excerpt: ...d witnesses in December 2023, that revealed extensive new information concerning the management and problems at SSH necessitating the need to file an amended complaint. Because of the new information, Plaintiff now believes a claim for punitive damages is warranted. Plaintiff had initially pled punitive damages but voluntarily dismissed the claim without prejudice on April 10, 2023, approximately three months after filing the initial complaint....

Excerpt: ...irst Street, San Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 11 March 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo --- Order on Defendant Ford Motor Company for Motion for Judgment on the Pleadings. I. Statement of Facts. On or about 15 March 2014, plaintiffs Sarah Gryder and Stanley Moore (“Plaintiffs”) ...

Excerpt: ...rike the TACC; (3) defenda nt Hudson Insurance Company's (“Hudson”) motion to strike the TACC; and (4) Hudson's motion for sanctions against Abdo. Pursuant to California Rule of Court 3.1308, the Court issues its tentative ruling. I. Background This is an action for fraud and unfa ir business practices. According to the TACC, crossdefendant Jalal Shreim (“Jalal”) was the sole shareholder, president, and CEO of Friendly Wholesalers of Cali...

Excerpt: .... Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 11 March 2024. Please specify the issue to be contested when calling the Court and Counsel. Demurrer of Defendant Mvin ix Corporation To Plaintiff's Complaint. I. Statement of Facts. In or about 2010, plaintiff Han Bich Nguyen (“Nguyen”) secured 16.7% of the stock of defendant Mvinix Corporation (“Mvinix”). (Co...

Excerpt: ...the Healing Wellness Cente r, Inc. (“Center,”) a California corporation located in San Jose. (FAC, ¶¶ 1 -4, 16.) Plaintiff agreed to provide chiropractic services for the Center's “group practice.” (FAC, ¶ 17.) The Agreement provided that Plaintiff “would be responsible for his own t axes, but said nothing [about] billing using CHIANG's Tax ID number, nor was the CENTER using CHIANG's Tax ID number discussed when negotiating” the A...

Excerpt: ...chael Maidy's, Timothy Cox's, Martin Pichinson's motion for summary judgment, and (6) Feeva Technology Inc.'s motion for summary judgment, against Cross- Defendant, Peter Kleidman. Pursuant to California Rule of Court 3.1308, the Court issues its tentative ruling. I. Bac kground This is an action for breach of settlement agreement allegedly entered to resolve lawsuit CrossDefendant Kleidman filed in 2013. According to the Cross- Complaint brough...

Excerpt: ...(See FAC, ¶ 34.) On the date of the signing of the loan agreement, Modesto Duran was in the hospital recovering from COVID; however, Zoe Hamilton, MF's representative, pressured Marisela to forge Modesto's signatures on the loan agreement. (See FAC, ¶ 35.) Defendants forced Plaintiffs to execute a promissory note — secured by a deed of trust to the home and Plaintiffs' commercial property at 373 South Twenty -Fourth Street in San Jose (“Com...

Excerpt: ...ES in part Bernasconi's demurrer. This case arises out of a recorded interview between Hogan, Bernasconi, and Catherine Somers (Bernasconi's “podcast partner”) on June 7, 2023. (Complaint, p. 3:4.)1 After the interview, Hogan indicated to Bernasconi and Somers tha t she wanted to listen to the recording and wanted to play it on her own podcast, but Bernasconi allegedly deleted it. (Id. at p. 4:7, 4:10 -11, 4:16 -17.) Hogan filed this case tw...

Excerpt: .... Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 06 March 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Order On Defe ndant's Demurrer To Plaintiff's First Amended Complaint. I. Statement of Facts. In or around 21 January 2008, defendant Kiran Kumar Gunnam (“Gunnam”) commenced employment with plaintiff LSI Corpo...

Excerpt: ...ANTS th e motion, with litigation costs limited to $10,000. I. BACKGROUND Defendant employed Plaintiff and other non -exempt employees in California, and continues to do so. (First Amended Consolidated Class Action Complaint (“FAC”), ¶¶ 26 -27.) Plaintiff alleges that Defendant failed to pay minimum and overtime wages for all hours worked at the correct rate and within the required time. (Id., ¶ 29.) Plaintiff and other employees did not r...

Excerpt: ...e. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 06 March 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Order on Motion of Plaintiff For Preferential Trial Setting. I. Statement of Facts. Plaintiff filed this complaint for damages and equitable relief on 28 July 2023.33 The complaint generally alleges that plainti...

Excerpt: ...st Street, San Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 06 March 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Order on Motion of Plaintiff for a Protective Order Concerning Mental Health Examination. I. Statement of Facts. The facts of this important matter are well known to this Court and counsel. II. ...

Excerpt: ..., was “enrolled in” Defenda nt Does 1 through 6-operated religious organizations (collectively, “Doe Church Defendants”) in California. (FAC, ¶¶ 1 -2, 5, 13.) While a minor, Plaintiff attended religious services at these organizations. (Id., ¶¶ 13, 15 -16.) The FAC alleges Plaintiff wa s a minor at the time of the assault, but it neither specifies the age of Plaintiff nor date(s) of the alleged assault. (Id., ¶ 2.) Defendant Doe 7 (...

Excerpt: ... Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 06 March 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Order On Motion Of Plaintiff For Summary Judgment, or, In The Alternative, Summary Adjudication. I. Statement of Facts. Defendants Full Power Properties, LLC and FPP MB LLC (“Owners”) are fee simple owner...

Excerpt: ...nd Requests for Prod uction Nos. 1, 2, and 4. In addition, State Farm requests $2,060 in monetary sanctions against both Herrera and his defense counsel. For the reasons that follow, the court GRANTS the motion to compel; in addition, it GRANTS the request for monetary sancti ons against Herrera only, not his counsel. The responses given to the discovery so far consist entirely of objections. As such, they are insufficient on their face. The reas...

Excerpt: ...to hear Travelers' motion for summary judgment on this date (March 7, 2024), but Plaintiffs filed an ex parte application arguing that they needed additional discovery (and a motion to compel that discovery) before they could adequately respond to the summary judgment motion , under Code of Civil Procedure section 437c, subdivision (h). Without addressing the merits of Plaintiffs' discovery argument, the court granted the ex parte application, c...

Excerpt: .... (“CSC ”) to form Defendant DXC Technology Company (“DXC”) (the “Merger”). Before the Court are the following motions: (1) Defendants DXE, HPE, Mukesh Aghi, Amy E. Alving, David Herzog, Sachin Lawande, J. Michael Lawrie, Julio A. Portalatin, Peter Rutland, Mano j P. Singh, Robert F. Woods, Rishi Varma, Timothy C. Stonesifer, Jeremy K. Cox, and Margaret C. Whitman's (collectively, “Defendants”) motion to strike the declaration of ...

Excerpt: ...ril 10, 2023 email exchange demonstrates [that] the parties mutually consented to essential settlement terms— payment of $8,000 by Defendant in exchange for Plaintiff's dismissal . . . . These emails form an enforceable settlement contract under California law.” (Memo randum at p. 4:1 -4.) The court has reviewed these emails attached to the motion and finds that they are somewhat ambiguous as to whether the parties truly had a final enforce...

Excerpt: ... asserting it serve d Que by personal service in Hong Kong on August 10, 2023, at 7:49 PM. The proof of service indicates Chau Sinling Fanny (“Fanny”) served the papers on Que. Que specially appears to bring a motion to quash service by Plaintiff. II. Motion to Quash Que mo ves to quash service of summons on the ground the Court lacks jurisdiction over him because Plaintiff failed to properly serve him pursuant to international laws. a. Legal...

Excerpt: ...uest to dismiss the action pend ing the outcome of the arbitration is DENIED as MOOT. BACKGROUND On November 29, 2023, Plaintiff filed the instant action against Cloudbrink and its Chief Executive Officer, Mana. Plaintiff asserts seven causes of action in his Complaint for (1) [Whistlebl ower] Retaliation in Violation of California Labor Code sections 1102.5 and 98.6, (2) Fraudulent Misrepresentation, (3) Negligent Misrepresentation, (4) Breach ...

Excerpt: ...rmation with Meta Platforms, Inc., without class members' knowledge or consent. The Complaint, filed by plaintiff Indigo Spalinger (“Plaintiff”) on February 28, 2023, sets forth the following causes of action: (1) Violation of the California Invasion of Privacy Act, Cal. P enal Code § 631; (2) Violation of the California Confidentiality of Medical Information Act, Cal. Civ. Code § 56.10; and (3) Invasion of Privacy Under California's Cons...

Excerpt: ... filed the operati ve First Amended Complaint (“FAC”) against defendants Grocery Delivery EServices USA, Inc. and Insperity Business Services, L.P. on March 18, 2020. The FAC sets forth the following causes of action: (1) Violation of 15 U.S.C. §§ 1681b(b)(2)(A) (FCRA); (2) Violation of 15 U.S.C. §§ 1681d(a)(1) and 1681g(c) (FCRA); (3) Failure to Provide Meal Periods (Lab. Code §§ 204, 223, 226.7, 512 and 1198); (4) Failure to Provide ...

Excerpt: ...tional”), and Topgolf USA El Segundo (“Topgolf El Segundo”) (collectively, “Defendants”), which sets forth a single cause of action for Violation of the California Labor Code Private Attorneys General Act of 2004 (Cal. Lab. Code §§ 2698, et seq.). Plaintiff alleges that he wa s employed by Defendants and Defendants engaged in a systematic pattern of wage and hour violations by failing to pay all wages (including minimum wages and over...

Excerpt: ...ssed, abused and molested by McQuigg both on and off the premises of MHS. (See complaint, ¶¶ 16 -18.) In August 2023, McQuigg was arrested and charged with sexually abusing and molesting a minor student at MHS. (See complaint, ¶ 26.) On August 3, 2023, Plaintiff filed a complaint against defendants District, and McQuigg (collectively “Defendants”), asserting causes of action for: 1) Negligence, negligent supervision, negligent hiring and/...

Excerpt: ... owned by Yan Jian, together with her husban d and children, referred to as the “Chen Family.” (Id. at ¶ 2.) In March 2019, GFL leased the Property to Blueprint, so it could operate a hotpot restaurant called Tian Fu Xiang Hotpot (“TFX”). (Id. at ¶¶ 27, 44.) Shi is the owner of Blueprint. (Id. at ¶ 4 .) In order to obtain possession of the Property, Shi first interfered with GFL's sale agreement with a potential buyer of the Property...

Excerpt: ...et, San Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 04 March 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Order On Defendants' Demurrer to Plaintiff's First Amended Complaint. I. Statement of Facts. Defendant Artson Group International Trade, Inc. (“Artson Group”) was formed in 2004 at the direction of...

Excerpt: ...ion: (1) Breac h of Contract; (2) “Unauthorized charges to credit card on file with A Tool Shed,”; (3) Breach of the Implied Covenant of Good Faith and Fair Dealing; (4) “Unfair Debt Collection Action”; and (5) “Disparagement and Emotional Distress.” Although there are three named defendants in the complaint, all five causes of action are asserted against only ATS. There are also cross -complaints. On September 29, 2023, defendants ...

Excerpt: ...d and/or distribut ed by Kia. (First Amended Complaint (“FAC”), ¶6.) Morales received an express written warranty which, among other things, covered the Theta 2.0 -liter and 2.4 -liter direct injection engines (“2.0L and/or 2.4L GDI Engine”) and transmission. (FAC, ¶ 7.) A ccording to the complaint, during the warranty period, the Subject Vehicle contained or developed defects that substantially impaired the use, value, or safety of the...

Excerpt: ...t, San Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 04 March 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Motion of Plaintiff Santa Clara Valley Open Space Authority for Immediate Possession of Property. I. Statement of Facts. Plaintiff filed this eminent domain complaint on 17 November 2023.1 Plaintiff al...

Excerpt: ...ose. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 04 March 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Order on Defendants Kho Liep Chok and Ya Hui Tu's Motion for Summary Adjudication. I. Statement of Facts. Plaintiffs Michael Yelavich and Linda Yelavich (“Plaintiffs”) are a married couple who have owned th...

Excerpt: ...opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 04 March 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Order on Motion of Plaintiff to Compel Defendant to Pay Expert Deposition Witness Fees. I. Statement of Facts. This complaint was filed on 14 October 2020.1 Plaintiff, a non -English speaking Colombian immigrant, was hired b...

Excerpt: ...Cal.App.3d 243, 245-246. A plaintiff's choice of venue is “presumptively correct.” Id. At 247. The burden of proof is on defendant. Defendants first claim that venue must be transferred because it is not proper pursuant to CCP section 395.5. Under 395.5, a plaintiff must bri ng its case where the contract was made or performed, where the obligation or liability arose or where the breach occurred, or in the county where the principal plac...

Excerpt: ... First Street, San Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 22 January 2024. Please specify the issue to be contested when calling the Court and Counse l. --- oooOooo --- Order on Defendants' Special Motion to Strike Complaint. I. Statement of Facts. Plaintiffs Gurmail Singh Khalsa (aka Gurmail Singh Bath) (“Khalsa”) and Harpal Singh Chahal (“Chahal...

Excerpt: ...e allegations of the Complaint, Plaintiff Splashworks “owns” and manages Stars Therapy Services (“Stars”), an infant and toddler developmental program and service provider for children with “developmental delays.” (Complaint, ¶ 8.) Plaintiff heavily relies on its “custom” software system/platform (the “Legacy System”) to manage Stars. (Ibid.) The Legacy system, also referred to as “Splashworks 1.0,” took Plaintiff “year...

Excerpt: ...t Street, San Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 28 February 2024. Please specify the issue to be contested when calling the Court and Counsel. --- o ooOooo --- Order On Motion of Plaintiff for Summary Judgment/Summary Adjudication. I. Statement of Facts. This motion is not opposed. Plaintiff filed this complaint on 05 December 2022.2 Diane E. Holm...

Excerpt: ...o GRANT the motion, given that Singh's original answer was filed when he was self - represented, and his proposed amended answer has now been prepared with the assistance of counsel. In addition, there is no discernible prejudice to Ruiz arising from the amendment. S ingh shall file his pleading within 10 days of this order —i.e., by no later than Monday, March 11, 2024. As for the motion to withdraw the admissions, Ruiz opposes the motion, a...

Excerpt: ...ains are 9 2 requests for admissions (originally 123 requests), a form interrogatory (No. 17.1, which is based on the RFAs), and a request for production of documents that is also based on the RFAs. This is in addition to 35 RFAs for which Miller previously already provided responses. Although this case has been pending since June 29, 2020 —i.e., for three years and eight months— Duraipandan served this latest set of discovery requests on Jan...

Excerpt: ...t, San Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 28 February 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo --- Order on Motion of Plaintiff for Reconsideration of Order Granting Attorney's Fees to Defendants (Code of Civil Procedure, §425.16); Motion of Defendant for Reconsideration Of Order Granting Attorn...

Excerpt: ...d omissions (see c omplaint, ¶ 14) and defendant Lisa M. Flores' (“Flores”) negligent failure to maintain, inspect, repair and warn of the dangerous condition of the subject property (see complaint, ¶¶ 20 -23). On October 21, 2021, Plaintiff presented a claim for damages wit h defendant City of San Jose (“City”) in compliance with Government Code section 911.2, and, on November 10, 2021, City sent written noticed rejecting Plaintiff's ...

Excerpt: ...s allegedly entere d into on April 21, 2020. The complaint stated three causes of action: (1) Breach of Contract (alleging a failure to pay for materials and finished goods under the LOA); (2) Breach of the Implied Covenant of Good Faith and Fair Dealing (again alleging a f ailure to pay for materials ordered under the LOA); and (3) Promissory Estoppel (alleging reasonable reliance on the LOA and requests from Cue in incurring costs). Cue brough...

Excerpt: ...ation Act (“CAA”) and the California Code of Civil Procedure (“CCP”) section 1280, et seq., is DENIED. Defendant's motion pursuant to 9 U.S.C. section 3 and CCP section 1281.4 for a stay in this action is DENIED. Legal Standards Both federal law and California law favor the enforcement of valid arbitration agreements. The United States Supreme Court has often reaffirmed the long - standing “liberal federal policy favoring arbitration,�...

Excerpt: ..., San Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 28 February 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Order on Motion of Plaintiff To Compel Defendant to Provide Further Responses To Discovery Requests. I. Statement of Facts. Plaintiff filed this complaint on 19 May 2022.3 He alleges that on 05 Novem...

Excerpt: ... this lawsuit. Wh ile this case was pending, Mr. Wu left Bitmain and is now the Chief Executive Officer, Chief Financial Officer, and Secretary of Non- Party Bitdeer. Bitmain has evidence from its discovery of Cryplex that Cryplex contacted Mr. Wu at Bitmain to discuss this lawsuit, including “litigation funding”, “acquisition of claims”, or “business transactions.” Bitmain seeks to obtain further discovery on these topics directly fr...

Excerpt: ...5) Private Nuisance; (6) Public Nuisance; and (7) Breach of Contract. All seven causes of action are alleged against all defendants. Two of the defendants, Hilton Worldwide Holdings, Inc. (“Hilton Worldwide”) and Park Hotels and Resorts (“Park Hotels”), brought a joint motion to quash service of summons based on lack of personal jurisdiction on August 17, 2022. Yau did not file any opposition to the motion, and this court (Judge Kirwan) ...

Excerpt: ...an Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 28 February 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Motion of Defendant/Cross -Complainant Century Park Ambulatory Surgical Center, LLC for Order Setting Aside and Vacating Default and Default Judgment and for Leave to File an Answer and Amended Cross -Co...

Excerpt: ...ussed below, the motion is GRANTED. I. BACKGROUND A. Related Case In August 2017, another Samaritan employee, Jennifer Richert, filed a similar action related to her wage statements, Richert v. Samaritan, LLC (Super. Ct. Santa Clara County, No. 17CV314186) (Richert) . Ms. Richert is represented by the same counsel who represent Plaintiffs here. She alleges that, during pay periods when she received overtime wages, her wage statements failed to i...

Excerpt: ...n Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 28 February 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Orde r on Motion of Defendants to Strike Portions Of Plaintiff's Complaint. I. Statement of Facts. Plaintiff Kyle Roberts (“Roberts”) alleges that on 25 October 2021, defendant Wyatt Perkins (“Perki...

Excerpt: ...) failure to provide meal periods, (6) failure to provide rest breaks, (5) failure to pay wages due upon termination; (8) failure to issue accurate and itemized wage statements, (9) failure to indemnify, and (10) unlawful business practices in violation of California Business and Professions code § 17200. Defendant asserts this matter must be sent to arbitration and the litigation stayed because Plaintiff entered an arbitration agreement at the ...

Excerpt: ...he following causes of acti on: (1) Breach of Contract (against Bernard); and (2) Breach of Contract (against Andrews). Plaintiff alleges Bernard breached his Proprietary Information and Invention Assignment Agreement (“PIIA Agreement”) and Employment Agreement by modifying security protections on the Market Operating Plan, downloading the Market Operating Plan onto a personal computer, preparing to compete against Plaintiff during his employ...

Excerpt: ... forth the foll owing causes of action: (1) Violation of Cal. Labor Code §§ 510 and 1198 (Unpaid Overtime); (2) Violation of Cal. Labor Code §§ 226.7 and 512(a) (Unpaid Meal Period Premiums); (3) Violation of Cal. Labor Code § 226.7 (Unpaid Rest Period Premiums); (4) Viol ation of Cal. Labor Code §§ 1194, 1197 and 1197.1 (Unpaid Minimum Wages); (5) Violation of Cal. Labor Code §§ 201, 202 and 203 (Final Wages Not Timely Paid); (6) Violat...

Excerpt: ... (“C&B”), alleging violations of the California Fair Debt Buying Practices Act and the Rosenthal Fair Debt Collection Practices Act. The Complaint, filed on December 14, 2021, alleges that Plaintiff incurred a debt in the form of a consumer credit account issued by non -party We bBank and evidenced by an electronic promissory note. The debt was allegedly transferred to CKS and Webcollex, but they were never given the electronic promissory no...

Excerpt: ...r Velador Zuniga are mother and son. Esther Zuniga is the Trustee of the Ester V. Zuniga Revocable Living Trust Dated December 20, 2004 (“Trust”). Defendant Alesia Murrieta is the Successor Trustee under the terms of the Trust and Esther Zuniga's granddaughter. The facts are not disputed. Esther Zuniga and her ex -husband, Plaintiff's father, purchased the Property as their residence in 1972. On July 2, 2003, Plaintiff's father/Esther Zuniga'...

Excerpt: ...in user -in terface (“UI”) designs, via email to provide UI design services for his project, which would later become known as Zoom. The email designated Plaintiff as “UI consultant,” and his job was to provide his professional opinions and make recommendations for im proving the product's UI. Between October 27, 2011, and October 29, 2011, Mr. Yaun and Plaintiff exchanged emails regarding contract terms, eventually entering a Shares -for...

Excerpt: ...al negligence. The FAC al leges Officer Taktejeva engaged in police misconduct on March 19, 2021 when she displayed inaccuracies in her police report in relation to an attack by Tang Jianing (“Jianing”) on Plaintiff.1 Specifically, the FAC alleges: inaccurate reporting regarding Ji aning's account of the attack and weapon utilization; failure to communicate Plaintiff's injury to the on- call judge who issued the emergency protective order; P...

Excerpt: ...ixteen years old.” (Complaint, ¶¶ 1 -2, 8, 11 -14.) According to the allegations in the Complaint, Plaintiff, who is currently sixty -two years old, was a student at Lynbrook High School (“Lynbrook”) located in Santa Clara County. (Ibid.) The alleged sexual abuse occurred betw een 1976 and 1977. Defendant, a public entity/school district, was an employer of Doe 2, a then 40 -year -old Lynbrook science teacher who molested and sexually abu...

Excerpt: ... stated claims for: (1) Breach of Contract; (2) Breach of the Implied Covenant of Good Faith and Fair Dealing; (3) Promissory Estoppel; (4) Fraud; (5) Unfair Business Practice; (6) Unjust Enrichment; (7) Money Paid; (8) Accounting; and (9) Conspiracy. She alleged that defendants Wu, H u, and Li were all the alter egos of We Party. We Party brought a demurrer to Ren's original complaint, as well as a motion to strike the complaint's request for pu...

Excerpt: ...ve rulings below. I. Background This is a personal injury matter arising out of incidents that occurred during Plaintiff's incarceration. On August 7, 2020, a deputy twisted Plaintiff's wrist over tightened handcuffs, causing injury. (SAC, p. 40; Attachment to Co mplaint, p. 4.)2 On October 3, 2020, another deputy challenged Plaintiff because he refused orders to confront another inmate. (Ibid.) Plaintiff identifies another incident on October 2...

Excerpt: ...ntiff Travel ers Property Casualty Company of America (“Travelers”), requests a total of $60,994.50 in fees and costs, representing the amounts incurred in responding to both appeals and the petition for review. Defendant Critchfield Mechanical, Inc. (“Critchfield”) o pposes the motion on two discrete grounds, discussed below. As a threshold matter, Travelers has submitted a request for judicial notice of various court filings and orde...

Excerpt: ... North First Street, San Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 26 February 2024. Please specify the issue to be contested when calling the Court and Couns el. ---oooOooo --- Order on Motions of Defendant Bledsoe Family Properties, LLC To Compel Responses to Discovery Requests and Request for Monetary Sanctions. I. Statement of Facts. Plaintiff filed t...

Excerpt: ...dow during which Piazza's normally maintained its video footage, Gonzalez argues that litigation was reasonably foreseeable in this instance, and so the failure to preserve the video constituted spoliation of evidence. Although it is a much closer call than either side is willing to admit, the court finds that litigation was reasonably foreseeable before Gonzalez made a formal demand, and that Piazza's was negligent in failing to preserve the vi...

Excerpt: ...an Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 26 February 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Order on Motion of Defendant Tacomania, Inc. for Sanctions against Plaintiff and Counsel. I. Statement of Facts. Plaintiff Skinner Law Group APC filed this complaint on 27 December 2022, seeking damages...

Excerpt: ...rformance” records, wh ich shall be excluded from the records produced. It is DENIED as to all the other records requested. The subpoenaed records (except Plaintiff's performance records) shall be produced by Tacos pursuant to Defendant's subpoena within 20 days of notice of this order. The records produced by Tacos pursuant to the Defendant's subpoena shall only be used in this action. The Complaint Plaintiff filed a complaint against Defenda...

Excerpt: ... Kia had just recently filed its motion to tax costs. As a threshold matter, the court rejects Thuerk's argument that Kia's motion is untimely. Rule 3.1700(b)(1) requires that a motion to strike or tax costs be served within 15 days after service of the memorandum of c osts. That was done here, and so that ends the inquiry. It does not matter that an amended notice of motion was served later with an updated hearing date for the motion. As for th...

Excerpt: ...h First Street, San Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 26 February 2024. Please specify the issue to be contested when calling the Court and Counsel . --- oooOooo --- Orders on 1. Motion of Defendant Good Samaritan Hospital To Strike Portions of Plaintiff's Second Amended Complaint; 2. Demurrer of Defendant Good Samaritan Hospital to Plaintiff's Cau...

Excerpt: ...ined in the parties' brief s, and so the court turns to the arbitrator's interim and final awards for an explanation. John is apparently Tom's nephew. The three parties (John, Tom, and MCM) hold membership interests in Urban Markets, LLC (“UM”) and Urban Markets Entertainment, LLC (“UME”), which are the entities that operate San Pedro Square Market, a food hall in downtown San Jose. John and Tom's economic interests in UM are held indire...

Excerpt: ...eral statements to a group of individuals including, but not limited to, the Plaintiff, and members of the Williams, Rader, Gordon, and Ayal families (and possibly the Bromberg family). (Complaint at p. 2:33 -38.) The email content consists o f the following statements: (1) “And that one was before or after you got arrested for hurting Emma? Did she get a restraining order against you? That was the second or third restraining order women have t...

Excerpt: ...Lua. (Complaint, p. 4.) Lua initiated this action on December 3, 2021, asserting claims for negligence and premises liability. On October 4, 2023, Seaside filed the instant motion, which Lua opposes. II. Evidentiary Objections Lua's objections to Seaside's evide nce do not need to be ruled upon because they do not comply with Rule of Court 3.1354. Rule 3.1354 requires two documents to be submitted when evidentiary objections are made: the object...

Excerpt: ... Way in Stanford, County of Santa Clara (“Property”.) The Property is owned by Plaintiff as part of its housing program located in a 450 -acre subdivision and used exclusively to provide subsidized housing for eligible faculty. (FAC ¶¶ 3, 8, 33.) On August 21, 2018, P laintiff entered into a ground lease agreement with the Faculty Lessee for a term of 51 years. Plaintiff reserved a significant ongoing interest in the Property and granted o...

Excerpt: ...operator of the vehicle, was driving a 2017 Lexus RX. (Compl., ¶¶ 3 -4.) Plaintiff did not contribute to the accident. (Compl., ¶ 7.) On October 16, 2023, Plaintiff filed her Complaint alleging a negligence cause of action against Defendant. On January 2, 2024, Defendant filed a demurrer to the Complaint. Plaintiff opposes the motion. II. Demurrer a. Legal Standard “A demurrer tests only the legal sufficiency of the pleading. It admits the...

Excerpt: ...irst Street, San Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 21 February 2024. Please specify the issue to be contested when calling the Court and Counsel. --- o ooOooo --- Order On Defendant Aemetis Advanced Fuels Keyes, Inc.'s Demurrer To Plaintiff's Complaint. I. Statement of Facts. Plaintiff Lion Manufacturing (“Lion”) is engaged in the business of c...

Excerpt: ...reholder of a separate entity, Cynthi.io Inc. Google's termination letter —sent only to Mr. Willaims —accuses Plaintiff of conducting work for Cynthi.io using Google's time and resources, including his corporate laptop. Plaintiff vehemently denies very sentence o f the termination letter, referencing both his pre -hiring correspondence with other Google personnel and his cooperation during Google's investigation of this alleged conflict of i...

Excerpt: ...scan for Plaintiff. (Ibid.) Plaintiff did not receive a call from Defendant explaining the results of the CT scan or to discuss any risks or future treatment. (Ibid.) Instead, Plaintiff received a postcard concerning her test re sults which simply stated, “no abnormalities.” (Ibid.) On August 18, 2022, Plaintiff woke up and was nearly completely blind in her right eye. (See Attachment to Complaint.) Plaintiff alleges Defendant should have dia...

Excerpt: ...ah resided at t he time of commencement of the action. On April 22, 2022, Li filed the operative first amended complaint for declaratory relief (“FAC”). On September 2, 2022, Mummah concurrently filed an Answer to the FAC and a Cross- Complaint for Violation of Federal and California Fair Debt Collection Practices Acts (“FDCPA”) (“cross- complaint”). The cross-complaint named Li's attorney, Scott A. Flaxman, as a cross- defendant. ...

Excerpt: ...ussed below, the motion is GRANTED. I. BACKGROUND A. Related Case In August 2017, another Samaritan employee, Jennifer Richert, filed a similar action related to her wage statements, Richert v. Samaritan, LLC (Super. Ct. Santa Clara County, No. 17CV314186) (Richert) . Ms. Richert is represented by the same counsel who represent Plaintiffs here. She alleges that, during pay periods when she received overtime wages, her wage statements failed to i...

Excerpt: ...First Street, San Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 21 February 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oo oOooo --- Orders on: (1) Motion Of Defendants/ Cross -Complainants For Summary Judgment, Or In The Alternative, Summary Adjudication, On Cross -Complaint; (2) Motion Of Defendants For Summary Judg...

Excerpt: ...On 12/8/2022 Defendant served a notice of taking Plaintiff's deposition on 12/28/2022 and requested the RPD Nos. 1 -17 be produced at the deposition. Written objections must be served on the party noticing the deposition at least three calendar days before the deposition. (Code Civ. Proc. § 2025.410(a), (b).)3 Plaintiff served timely written objections to the notice of deposition by email on 12/23/2022. A party may move to compel deposition atte...

Excerpt: ...ar, make, and model as the [Subject Vehicle]”: (1) internal analyses and investigations regarding the “electrical defect” that allegedly manifested itself in the Subject Vehicle; (2) communications regarding the electrical defect; (3) electronic documents “relating to any decision to issue any notices, letters, campaigns, warranty extensions, technical service bulletins and recall concerning the [electrical defect]; (4) customer complaint...

Excerpt: ...of John Doe 6. Doe 1 argues that Doe 6 has placed his mental condition at issue in this case, given his claims that he “continues to suffer from post -traumatic stress disorder, depression, repressed feelings and memories of his encounters, aggression, psychological s truggles, substance abuse, psychological trauma[,] and an inability to maintain meaningful relationships as a result of the alleged childhood sexual abuse that forms the basis of ...

Excerpt: ...nt project in San Jose know n as “Downtown West.” (See FAC, ¶¶ 1 -2, 42 -47.) Defendant Leslie Kipp is one of several descendants of former owners of the parcels comprising the subject property and may claim to have some right, title, estate, interest, lien or cloud on title to the s ubject properties. (See FAC, ¶¶ 5 -41.) Plaintiffs collectively assert fee interest ownership of the subject properties, alleging that Civil Code section 831...

Excerpt: ...y opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 21 February 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Order On Defendant Zhichao Lu's Motion To Dismiss Or, in the Alternative, Stay Proceedings. I. Statement of Facts. Plaintiff Jin Zhang (“Zhang”) started working for defendants Hefei Reliance Memory Ltd.; Reliance Mem...

Excerpt: ...ry relief; and, 3) Fraud. On March 22, 2023, the Arzadons filed a demurrer to the complaint. Artemio passed away. On May 5, 2023, Estrella R. Floresca (“Estrella”), individually and as the successor of interest of Artemio C. Floresca, filed a first amended complaint (“FA C”) asserting identical causes of action. On June 6, 2023, the Arzadons filed an answer to the FAC. Estrella demurred to the unverified answer and on September 29, 2...

Excerpt: ...acate. 1. Backgrou nd This case arises out of Hopkins's representation of Carleen Whittelsey (“Whittelsey”) and her now -deceased husband Stuart G. Whittelsey Jr. (“Stuart”) in estate planning and estate administration over the course of numerous years, including in litigatio n regarding the estate after Stuart passed away. On June 22, 2021, Whittelsey filed this action for legal malpractice and breach of fiduciary duty against Hopkins....

Excerpt: ... Penalties Under PAGA fo r Violations of Labor Code Section 2751(a) and (b); (2) Civil Penalties Under PAGA for Violations of Labor Code Section 1102.5; (3) Civil Penalties Under PAGA for Violations of Labor Code Section 232.5; and (4) Civil Penalties Under PAGA for Violations of Labor Code Section[s] 201, 202, and 203. Now before the court is Defendant's demurrer to the first through third causes of action of the SAC on the ground of failure to...

Excerpt: ...023, sets fort h the following causes of action: (1) Failure to Pay All Minimum Wages; (2) Failure to Pay All Overtime Wages; (3) Rest Period Violations; (4) Meal Period Violations; (5) Wage Statement Violations; (6) Failure to Reimburse for Necessary Business Expenses; (7) Waiting Time Penalties; (8) Failure to Timely Pay Wages During Employment; (9) Unfair Competition; and (10) PAGA Penalties. The parties reached a settlement. Plaintiffs Erlind...

Excerpt: ... 23, 2023, sets forth causes of action for: (1) Violation of Cal. Labor Code §§ 510 and 1198 (Unpaid Overtime); (2) Violation of Cal. Labor Code §§ 226.7 and 512, subd. (a) (Unpaid Meal Period Premiums); (3) Violation of Cal. Labor Code § 226.7 (Unpaid Rest Period P remiums); (4) Violation of Cal. Labor Code §§ 1194, 1197, and 1197.1 (Unpaid Minimum Wages); (5) Violation of Cal. Labor Code §§ 201, 202, and 203 (Final Wages Not Timely Pai...

Excerpt: ...uses of action: (1) Failure to Provide Meal Periods; (2) Failure to Permit Rest Breaks; (3) Failure to Provide Accurate Itemized Wage Statements; (4) Failure to Pay All Wages Due Upon Separation of Employment; (5) Violation of Business and Professions Code §§ 17200, et seq. (“UCL”); (6) Failure to Reimburse Business Expenses; and (7) Enforcement of Labor Code § 2698 et seq. (“PAGA”). The parties reached a settlement. Plaintiff Tracee S...

Excerpt: ... following cau ses of action: (1) Failure to Pay Wages for All Hours Worked, Labor Code sections 204(b), 223, 1194, 1194.2 Wage Orders; (2) Failure to Pay Overtime Wages, Labor Code sections 510, 1194, 1198, Wage Orders; (3) Failure to Provide Meal Periods, or Pay Premiu m Wages in Lieu Thereof; (4) Failure to Provide Rest Breaks, or Pay Premium Wages in Lieu Thereof; (5) Failure to Provide Accurate Itemized Wage Statements, Labor Code section 22...

Excerpt: ... “Defendants”) ar ising out of various alleged wage and hour violations. The Class Action Complaint (“Complaint”), filed by plaintiffs Chyna La She Cole (“Cole”) and Alexander Jay Matua (“Matua”) (collectively, “Plaintiffs”) on March 24, 2023, sets forth causes of action f or: (1) Failure to Pay Overtime Wages; (2) Failure to Pay Minimum Wages; (3) Failure to Provide Meal Periods; (4) Failure to Provide Rest Periods; (5) Wait...

Excerpt: ...y party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 16 February 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Order On Defe ndant Michael Shtein's Special Motion To Strike. I. Statement of Facts. Plaintiff Lynley Hogan (“Hogan”) rents rooms in her Los Gatos home to guests through a company called VRBO. (First Amended C...

Excerpt: ...their papers a nd the hearing, the court makes the following rulings: This is an action for attorney malpractice. According to the allegations of the complaint, in 2013, plaintiff Kevin Young (“Young”) began working at plaintiff ABC Wholesale, Inc. (“ABC”), a company founded by his parents. (See complaint, ¶ 8.) Young obtained legal advice regarding the business, including operations and collections, from defendants Judy ChiDee Tsai (“...

Excerpt: ...ghth Division (F ord Motor Warranty Cases (2023) 89 Cal.App.5th 1324 (Ochoa)), and one from the Seventh Division (Montemayor v. Ford Motor Co. (June 26, 2023, B320477) __ Cal.App.5th __ [2023 Cal.App.Lexis 481; 2023 WL 4181909] (Montemayor)) —both of which expressly disagre e with Felisilda. More recently, the Third Appellate District Court of Appeal in Keilar on August 16, 2023, and, the First Appellate District Court of Appeal in Yeh on Septe...

Excerpt: ...ourt 3.1308, the Court issues its tentative ruling. I. Background Plaintiff claims he is a “federal whistleblower in what [is] alleged to be the longest and most lucrative water grab [] in the State of Utah.” (Complaint ¶ 1.) According to the complaint, Defendants “perpetuated a fraudulent scheme to retire senior water rights vis- à-vis duplicitous water claims….for the construction and massive expansion of a luxurious private urban dev...

Excerpt: ...) loaned Plaintiff $620,000 (the “Loan”) subject to a promissory note (“Note”) secured by real property located at 11820 Foothill Avenue in Gilroy (the “Property”).1 (SAC, ¶¶ 1, 10.) A Deed of Trust was recorded on December 16, 2016. (SAC, ¶ 11.) In 2018 and 2020, Mil estone Financial imposed amended terms for the Loan and Plaintiff had no choice but to agree to the demands each time. (SAC, ¶ 13.) The 2020 Amended Loan Agreement c...

Excerpt: ...of action in the First Ame nded Complaint (“FAC”). Defendants have also filed a motion to strike certain portions of the FAC. I. BACKGROUND A. Factual According to the allegations of the FAC, Plaintiff was employed at Yeganah. (FAC, ¶¶ 20 -21.) On or about August 28, 2021, Plainti ff pointed out to Tarighat that he believed Tarighat had made a mistake with a customer's food order. (Id., ¶ 22.) Tarighat became upset and began yelling at Pl...

Excerpt: ...al According to the allegation s in the operative Complaint, Plaintiff Pereira entered into a “Listing” agreement with prospective buyers, Xiochiti Mijangos and Patel Mijangos (collectively, “Buyers,”) for the sale of real property located on 12935 Columbet Avenue, San Martin, Californi a (“Subject Property.”) Robert Ellis (“Ellis,”) a realtor at Remax Morgan Hill, was the listing agent of the Subject Property. (Complaint. p. 3.) ...

Excerpt: ...In mid -2021, the Coun ty required its employees to receive vaccinations for SARS -CoV -2, the virus that causes the COVID -19 disease. (Ibid.) From mid -2021 to November 15, 2021, Salinas sought a religious exemption or accommodation from Defendants, and he submitted a Religious Exception Request Form in August 2021. (Id. at ¶ 3; see also Exh. A.) On November 4, 2021, Defendants sent a notice of denial of the religious exemption, determining th...