Excerpt: ... Pacific Coast Med ical Clinic (collectively, “Plaintiffs”), based on alleged spoliation of evidence, (2) a motion to compel compliance with Cigna's third set of requests for production of documents (Nos. 33, 35- 37, and 39), and (3) a motion to seal certain exhibits submitte d with the motion to compel compliance. Plaintiffs oppose the first two motions but do not oppose the third. This case was originally set for trial more than 10 months...

Excerpt: ...nts.”) I. Background A. Fac tual On July 14, 2021, Plaintiff was lawfully driving his car eastbound on El Camino Real in Mountain View, California (“Subject Location”) when Defendant Ossie B. Holt (“Holt” or “Defendant”), while operating a vehicle, caused an automobile collision. (F AC, ¶¶ 10, 15.) Prior to the collision, Defendant Holt, while driving at high speed behind Plaintiff, failed to stop and “violently” rear -ended P...

Excerpt: ... and Housing Act (“FEHA”). (FAC, ¶ 9.) Plaintiff worked for the County's Probation Department at James Ranch. (FAC, ¶ 10.) In March 2020, he requested accommodations to work from home or to be transferred to a position that would allow him to work from home as an accommodation for his disability and being in the high -risk category for COVID -19. (FAC, ¶ 12.) Plaintiff alleges Defendants initially offered to compensate him with paid admini...

Excerpt: ...ti ff purchased a laser hair removal therapy treatment course at Medspa, consisting of six “bikini Brazilian” treatments and six “upper leg” treatments. (FAC at ¶ 6.) On April 12, 2022, Plaintiff attended her fourth treatment of laser hair removal therapy w here Nurse Mottahed was available to treat her. (Id. at ¶ 7.) Plaintiff was burned during her laser treatment and left her appointment early. (Id. at ¶¶ 10 -16.) The employees at t...

Excerpt: .... Plaintiff now seeks an order compelling GM to produce documents relating to (1) the subject Vehicle (RFP Nos. 1, 2, 3, 7); (2) internal Knowledge and investigation Discovery (RFP Nos. 17, 22- 24, 35- 40); (3) documents concerning summaries and memos regarding transmission defects (RFP Nos. 41 -43, 47, 49, 50); (4) documents concerning buyback policies and procedures (RFP Nos. 55. 56. 65); (5) Communications with Governmental Agencies (and suppl...

Excerpt: ...s a health care company that manufactures, markets, and distributes pediatric nutrition shakes for consumption by children ages one to thirteen under its PediaSure brand. (Id. at ¶ 3.) By placing statements such as “Complete, Balanced Nutrition,” “Balanced Nutritio n to Help Fill Gaps,” “Nutrition to Help Kids Grow,” “Use as part of a healthy diet,” and “Clinically Proven to Help Kids Grow” on the PediaSure labeling, Defendan...

Excerpt: ...ng other Labor Code vi olations. Before the Court is Plaintiffs' motion for preliminary approval of settlement, which is unopposed. As discussed below, subject to the changes in the notice, the Court GRANTS the motion. I. BACKGROUND According to the allegations of the operative Second Amended Class and Representative Complaint (“SAC”), Mr. Patton has been employed by Defendant since August 2017 as a non- exempt, hourly associate, while Mr. Re...

Excerpt: ...i nt In the operative first amended complaint (“FAC”), plaintiff Chicago Title Company (“CTC”) alleges on or about 27 July 2019, defendant 28th St Villa Apts, LLC (“Buyer”) and defendant Green Villa Apartments, LP (“Seller”) entered into an agreement for the sale of real property located at 1319 Tripp Avenue in San Jose (“Property”) from Seller to Buyer. (FAC, ¶¶9 – 10.) Between July 2019 and November 2019, plaintiff CTC ...

Excerpt: ...information techn ology services company headquartered in San Jose. (FAC, ¶ 10.) Plaintiff Jai Kumar was hired in November 2013 and held various positions in the company over the following six years until he was terminated in December 2019. (FAC, ¶¶ 10, 11.) Plaintiff alleges Jade Global wrongfully demanded that he not discuss concerns about his compensation with other employees on the grounds that doing so would be in violation of company pol...

Excerpt: ...t issues its tentative ruling. I. Background This is an action for quiet title. Plaintiffs own real property at 1711 B Marshall Ct in Los Altos (the “Property”). (Complaint, ¶ 4.) Plaintiffs allege the basis of their title is fraudulent transfer of Severino Estillore's interest in the Property circa 1998. (Ibid.) Plaintiff seeks to quiet title to the Property against all adverse claims. Plaintiffs initiated this action to quiet title on Octo...

Excerpt: ...intiff now seeks an order compelling GM to produce responses to Requests for Production Nos. 8, 16 -19, 21 -22, 27, 34, 37, 40- 43, and 56. These requests seek (i) all documents relating to GM's internal analysis, investigations, communications, reports and design -related documents of the alleged “BATTERY DEFECT” in both the Subject Vehicle and other customers' vehicles (Request Nos. 16- 17, 19, 21 -22, and 40- 43); (ii) all documents relati...

Excerpt: ...suant to Code of Civil Procedure section 425.16, subdivision (g), which is opposed by LVNV. As discussed below, the Court GRANTS the motion. III. BACKGROUND According to the allegations of the operative complaint (“Complaint”), filed on August 12, 2022, LVNV is the owner of debt owed by Mr. DeLuna. (Complaint at 2, ¶ 10.) In its judicial form complaint, LVNV asserts common counts for open book account, money had and received, money lent by ...

Excerpt: ...�PCM”) is a busines s entity operating in Ocean Shores in the state of Washington. (Complaint, ¶3.) Defendants Fred Smith, John Gaston, David Eagen, Diane Dobson, and Michelle Womack are individuals residing in Ocean Shores, Washington, and together they form PCM's board of directors.1 (Complaint, ¶¶4 -8, 14.) Plaintiff Herman is a financial consultant, and plaintiff Cole is in the business of hotel management. (Complaint, ¶¶12 -13.) On 1...

Excerpt: ...nt. On February 15, 2024, defendant Sossaman, specially appearing, filed a motion to quash service of summons and complaint. Plaintiff filed written opposition. Motion to Quash Service of Summons Defendant Sossaman moves to quash service of summons as he was not personally served with the complaint in this action. Legal Standard “Service of process is the means by which a court having jurisdiction over the subject matter asserts jurisdiction ...

Excerpt: ...s discusse d below, the Court GRANTS the motion. I. MOTION TO SEAL A. Legal Standard “The court may order that a record be filed under seal only if it expressly finds facts that establish: (1) There exists an overriding interest that overcomes the right of public acc ess to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is ...

Excerpt: ...ard by Marriott hotel in Sunnyvale, California which was owned and operated by defendants. (FAC at ¶ 4.) Plaintiff was attending a business function in the area at the time of the events alleged in the FAC. (Ibid.) Around this time, defendants summoned officers of the Sunny vale Police Department and had Plaintiff arrested without a warrant and detained for the crime of felony vandalism. (FAC at ¶ 5.) Plaintiff was then transported to the Santa...

Excerpt: ...: Carrer a VII, L.P., Carrera VII (B), L.P., Mantra Ventures, LLC (the “Businesses”). (FAC, ¶1.) Defendants Chan and the Businesses (collectively, “Defendants”) convinced Plaintiff to fund an investment portfolio by making various promises and representations. (Ibi d.) Defendants promised and represented that for a payment of approximately 15 percent and related fees, they would invest Plaintiff's money for his benefit in securities as ...

Excerpt: ...“Condo”). Plaintiff initiated this act ion by filing a complaint on June 9, 2022. Plaintiff filed the first amended complaint (“FAC”) on May 15, 2023. Thereafter, Defendants demurred to the FAC. The Court (Hon. Rosen) made the following ruling: Defendants' demurrer to the first, third, fourth and fifth causes of action on the ground of insufficient facts is SUSTAINED with 10 days leave to amend. Defendants City and Housing Authoritie...

Excerpt: ...tee, on Behalf of the Colt 2021HX1 Mortgage Loan Trust, a New York Common Law Trust (“U.S. Bank”), Select Portfolio Servicing, Inc. (“SPS”), and Clear Recon Corp. (“Clear Recon”) (collectively, “Defendants”). Plaintiff is the owner of r eal properties located at 1128 Dean Avenue, San Jose, CA 95125 (“Dean Property”) and 236 Bean Avenue, Los Gatos, CA 95030 (“Bean Property”) (collectively, “Properties”). (First Amended ...

Excerpt: ...ng as follows. I. Backgro und This is action arises out of alleged sexual abuse suffered by Plaintiff when she was a student at St. Aloysius. (TAC, ¶ 28.) In 1997, when Plaintiff was four years old, she participated in school related and after -school activities at St. Aloysius. (TAC, ¶¶ 30.) Father Benedict Van Der Putten (“Van Der Putten”) was a priest at St. Aloysius and he sexually abused and assaulted Plaintiff multiple times from 199...

Excerpt: ...ain the utility or performance of the vehicle, or to provide compensation in the event of a failure in utility or performance for a specified period of time. (See complaint, ¶ 6.) During the warranty period, the vehicle contained or developed nonconformities including power steering failure, loss of communications between modules, dash lights illuminating including traction control light, airbag light, TPMS light, check engine light and the wre...

Excerpt: ...d and unfair busi ness practices. According to the TACC, crossdefendant Jalal Shreim (“Jalal”) was the sole shareholder, president, and CEO of Friendly Wholesalers of California (“FWC”), formerly a successful rug business in San Jose.1 (TACC, ¶¶ 2, 4.) Crossdefendant Moh amad Shreim (“Mohamad), is Jalal's son and he was the sole proprietor of SeeMoCars, a used car dealership. (TACC, ¶ 3.) SeeMoCars was evicted from its location and M...

Excerpt: ...ls) he noted ther e was road work marked by orange cone on the shoulder of the road and noticed a steel plate across the outbound lanes. On the ride back, Plaintiff was traveling 25 mph when he got to the condition and saw that the steel plate across the inbound lanes did n ot fully cover the trench and left two shallow cutouts on either side of the asphalt. (Plaintiff's Response to Defendant's Separate Statement of Undisputed Material Facts (“...

Excerpt: ...i nt In the operative first amended complaint (“FAC”), plaintiff Chicago Title Company (“CTC”) alleges on or about 27 July 2019, defendant 28th St Villa Apts, LLC (“Buyer”) and defendant Green Villa Apartments, LP (“Seller”) entered into an agreement for the sale of real property located at 1319 Tripp Avenue in San Jose (“Property”) from Seller to Buyer. (FAC, ¶¶9 – 10.) Between July 2019 and November 2019, plaintiff CTC ...

Excerpt: ...nt requested a n extension, the extension kept open the time for Defendant to respond, as there was no agreement by the parties that objections were waived and Defendant claims he was not properly served with the requests. As such, Defendant may raise a proper objection. Defendant objects to requests 1 and 2 claiming that the requests do not identify the documents sought with “reasonable particularity” which Defendant claims is required by CC...

Excerpt: ...�Property). Steleco LLC and Kipling Post LP were the owners (collectively, the “Owners”) of the Property and KOA was the project architect. (SACC, ¶¶ 8 -9.) The Owners filed a cross -complaint against DPR for breach of written contract, which alleges various construction deficie ncies and damages for breach of contract. (SACC, ¶ 12.) Plaintiff Pacific States Environmental Contractors, Inc. (“Pacific States”) initiated this action a...

Excerpt: ...arch 23, 2022. It filed the operative First Amended Complaint (“FAC”), adding defendant Link Corporation (“Link”), on March 15, 2023. The FAC states claims for: (1) Fraud in the Inducement (against AMS, Achkar, and various Does); (2) Fraud and Deceit (against AMS, Achkar, and vario us Does); (3) Breach of Contract (against AMS and various Does); (4) Breach of the Implied Covenant of Good Faith and Fair Dealing (against AMS and various Do...

Excerpt: ...operty at 374 Surber Dr. in San Jose (the “Property”). (Complaint, ¶ 7.) Defendant Rochelle Deleersnyder is real estate salesperson working with NRT West, Inc. dba Coldwell Banker (collectively “Coldwell”) and defendant Nakul Kapoor is a real estate salesperson worki ng with Intero Real Estate Services, Inc. (collectively “Intero”). (Complaint, ¶¶ 2, 3.) Coldwell and Intero were the designated listing agents for the Property on beh...

Excerpt: ...sed by TCL. As discussed below, Defendants' demurrer to the Complaint and the claims asserted therein on the ground of failure to state sufficient facts is SUSTAINED WITH 20 DAYS' LEAVE TO AMEND and their demurrer to the Complaint on the ground of uncertainty is OVERRULED. IX. BAC KGROUND According to the allegations of the Complaint, Cadence is a worldwide leader in Electronic Design Automation (“EDA”), as well as semiconductor intellectual ...

Excerpt: ...ssues its tentativ e ruling. I. Background This action arises from the tragic death of Mr. Henry Gonzales. On May 26, 2021, a mass shooting occurred at a SCVTA's railyard in San Jose. Mr. Henry Gonzales (Decedent) was employed by SCVTA and present on the day of the shooting . Mr. Gonzales witnessed the murder of his co -workers, and/or saw his co -workers within minutes after they were murdered, causing him to suffer severe emotional and psycholo...

Excerpt: ...er at a single family residential proper ty located at 1321 Paramount Drive in Saratoga ("Project Site"). (First Amended Complaint ("FAC"), ¶12.) Pursuant to the Pool Contract, plaintiff OCI paid defendant VSP a sum of no less than $106,800. (Id.) The Pool Contract included an express warranty. ( FAC, ¶13.) Pursuant to the Pool Contract, the swimming pool's interior plaster finish was to consist of "Aqua Blue Pebble,...

Excerpt: ...oduction. The par ties asked the court to hear this matter on shortened time (essentially, within nine calendar days of the court having received the parties' ex parte papers). Because this case is set for a trial on July 22, 2024, the court agreed to do so, with an exceptionally truncated briefing schedule. The court has now reviewed the parties' filings. Because of the rushed nature of this hearing, the court makes the following preliminary o...

Excerpt: ...s, among other Labor Code violations. Before the Court is Plaintiff's motion for preliminary approval of settlement, which is unopposed. As discussed below, if satisfactory clarification is provided concerning whether the notice will be provided in languages other than English, the Court will GRANT the motion. I. BACKGROUND According to the allegations of the operative First Amended Complaint (“FAC”), Plaintiff was employed by Defendants as ...

Excerpt: ...iums, and failed to pr ovide code-complaint wage statements, among other Labor Code violations. Before the Court is Plaintiffs' motion for preliminary approval of settlement, which is unopposed. As discussed below, if satisfactory clarification is provided concerning whether th e notice will be provided in languages other than English, the Court will GRANT the motion. XIII. BACKGROUND According to the allegations of the operative Third Amended C...

Excerpt: ...nts”). The origin al and still-operative complaint, filed on January 17, 2023, alleges that Defendants improperly recorded a judgment lien on April 3, 2019, which operates as a cloud on the title of Plaintiffs' residence. (Complaint, ¶ 26.) The judgment lien was the last in a series of abstracts of judgments entered in a case between defendant Cintora and plaintiff Clifford Stanley and Stanley's former company, Bad Boys Bail Bonds, Inc. (Los ...

Excerpt: ...allegations of the Complaint, on July 28, 20201, Plaintiff tripped and fell on broken, raised and/or uneven pavement on the sidewalk located in front of 1904 Serge Ave., San Jose, California (“Subject Premises,”) sustaining serious injuries. (Complaint, ¶¶ 9, 13 -14, 19.) Plaintiff asserts that her injuries were the result of Defendant City's acts and omissions (Complaint, ¶ 10) and cross -complainant Kindig's2 negligent failure to maintai...

Excerpt: ...er, or managing agent of Sierra. Paragraph 6 of Plaintiff's Sierra employment agreement, which he does not dispute he signed at the time he was employed, is titled “Mutual Agreement to Arbitrate Claims” and states in the only boxed text in the agreement: “This disp ute resolution agreement is a contract and covers important issues related to ES's [employee's] rights. It is ES's sole responsibility to read it and understand it. ES is free to...

Excerpt: ...n, ¶ BC -1, exh. A.) Baro n did not pay amounts owed pursuant to the contract and Plaintiff thus suffered contractual damages and additionally seeks interest. (See FAC, first cause of action, ¶¶ BC -2 -BC -5, second cause of action, ¶¶ CC -1 -CC -3, third cause of action, ¶¶ BC -1 -BC -5, fourth cause of action, ¶¶ CC -1 -CC -4.) On December 5, 2022, Plaintiff filed the FAC against Defendant, asserting causes of action for: 1) Breach o...

Excerpt: ... causes of action: (1) V iolations of Unfair Competition Law (Cal. Bus & Prof. Code §§ 17200, et seq.) (“UCL”); and (2) Violations of California Consumers Legal Remedies Act (Cal. Civ. Code §§ 1750, et seq.) (“CLRA”). In the Complaint, Plaintiff alleges Defendant unlawfully charg ed him 20 cents for recycled grocery bags when he used his WICs Electronic Benefit Transfer card (“EBT”) or voucher to purchase groceries, in violation ...

Excerpt: ...��), filed on Nove mber 4, 2021, sets forth the following causes of action: (1) Failure to Reimburse Business Expenses (Labor Code § 2802); (2) UCL Violations (Cal. Bus. & Prof. Code §§ 17200 -17204); and (3) PAGA Penalties (Labor Code § 2698 et seq.). The parties have reache d a settlement. Plaintiff Valerie Boyer (“Plaintiff”) moved for preliminary approval of the settlement. On August 30, 2023, the court continued the motion for preli...

Excerpt: ...h the following 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) 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 Paid); (6) Violation of ...

Excerpt: ...Plaintiff”). Plai ntiff's original Complaint, filed on September 30, 2019, set forth the following causes of action: (1) Breach of Contract; (2) Breach of the Implied Covenant of Good Faith and Fair Dealing; (3) Intentional Misrepresentation; (4) Promise Without Intent to P erform; (5) Fraudulent Omission; (6) Breach of Fiduciary Duty; (7) Quasi -Contract Based on Unjust Enrichment; (8) Violation of California Bus. & Prof. Code § 17200; (9) I...

Excerpt: ... (“Cypress”) agreed that KFEI would serve as a nonexclusive distributor of Cypress products to Japanese companies and their affiliates. On November 25, 2019, KFEI filed a complaint against Cypress, alleging claims for: (1) Breach of Contract; and (2) Breach of the Covenant of Good Faith and Fair Dealing. On September 10, 2021, KFEI filed a First Amended Complaint against Cypress, which set forth the following causes of action: (1) Breach of...

Excerpt: ...t for dismissal of the co mplaint as to all Defendants and all causes of action, without prejudice. Although Ari Law dismissed the complaint and never filed an opposition to the anti -SLAPP motions, the parties nevertheless appeared for the hearing on October 26, 2023 to address th e court's tentative ruling. In that October 25, 2023 tentative ruling, the court recognized that it no longer had jurisdiction to rule on the motion to strike, given ...

Excerpt: ...d she was owed, and Ward later entered a settlement with Cytobank. Cytobank filed an action for interpleader, deposited the amount of lien Costanzo obtained against Ward's recovery, and named Ward, the Constanzo Law Firm, and the McClure Law Firm as defendants. W ard initiated a fee arbitration, and the arbitrators found Costanzo was not entitled to fees. Ward had already paid the arbitration fee, and the arbitrators ordered that Ward be respons...

Excerpt: ...ion”]; Stepan v. Garcia (1974) 43 Cal.App.3d 497, 500 [the court may take judicial notice of its own file].) Accordingly, the court takes judicial notice of its own file in this matter. Plaintiff's moving papers filed 10/10/2023 and on 2/1/2024 show her address is: 2694 G LEN DOON CT, SAN JOSE, CA 95148. Here, the proof of service filed 6/29/2022 shows that Defendant was served by substitute service. It states that the summons and complaint...

Excerpt: ...rding to the complai nt, Citizens is in the sign, construction, and advertising business. (Complaint, ¶ 8.) In 2018, Citizens brought a civil rights action against the City of San Jose (the “2018 federal action”). (Id. at ¶ 9.) In September 2018, Citizens entered into a wr itten representation agreement with Defendants, who handled various aspects of the 2018 federal action. (Id. at ¶¶ 10 -14.) In 2020, the City of San Jose filed a lawsu...

Excerpt: ... complaint, Moreno was injured on July 6, 2021 when an outdoor wall dividing property between the defendants fell over. There are no exhibits attached to the complaint, and the complaint itself is notably quite vague as to how Moreno came to be at the location where the wall collapsed and how the several defendants are liable for his injury. The complaint for the most part refers only to “Defendants.” Currently before the court is a motion fo...

Excerpt: ...e context of Pla intiff's motion for RFP set one, and that the Court (J. Manoukian) issued an order on December 19, 2023 compelling Xilinx only to turn over the identity of the employees, but not their actual text messages. As such, the Court should not now compel the turn ing over of those same text messages. In reply, Plaintiff argues that because the Court was “deeply troubled” by Defendant's argument that text messages of its employees se...

Excerpt: ...r action mo ot. The trial court in Department 12 (Judge Isger) then set the matter for an order to show cause re: dismissal on September 21, 2023. At the OSC hearing, Fang asked that the case not be dismissed in order to proceed with the case as an ordinar y civil ac tion. He also asked that his ex parte application to amend his complaint be granted. The court denied the ex parte application “without prejudice” and sent the matter back to the...