Excerpt: ...692p ("FDCPA"); and the California Rosenthal Fair Debt Collection Practices Act, California Civil Code sections 1788—1788.33 ("RFDCPA") Before the Court is Ms. Guzman's renewed motion for class certification, which crossDefendant opposes. As discussed below, the court GRANTS THE MOTION IN PART l. BACKGROUND CCS filed this action on December 31, 2019, asserting a single claim for breach of contract arising from Ms. Guzman's alleged failure to fu...

Excerpt: ...022. Plaintiff filed the operative pleading, the first amended complaint ("FAC") on May 15, 2023. The FAC alleges Plaintiff and the City of Milpitas signed a Residential Purchase Agreement and Joint Escrow Instructions ("2013 Contract") on October 18, 2013, formalizing the sale of the Condo to Plaintiff. (FAC, '1 12.) On January 15, 2018, Plaintiff opened escrowto record and close the 2013 Contract. (ld. at '1 11.) On March 1, 2018, City, Wong, a...

Excerpt: ...rray ("Murray"), Ronald Wayne Murphy, and Kenneth Steven Carpenter (collectively, "Individual Perpetrator Defendants") for allegations of childhood sexual abuse. In 1974, Individual Perpetrator Defendants were indicted for operating a child sex and photography ring involving hundreds of young boys. (TAC, '1 2.) The four men were indicted, convicted, and sent to prison, charged with numerous crimes involving children. (Ibid.) In or around 1972-197...

Excerpt: ...forth causes of action for: (1) Violation of 15 U.S.C. SS (FCRA); and (2) Violation of 15 U.S.C. SS and 1681g(c) (FCRA). On November 18, 2020, the court issued its Order Deeming Case Complex and Staying Discovery and Responsive Pleading Deadline, which stayed all discovery in this case. On June 4, 2021, Plaintiff filed the operative First Amended Complaint ("FAC"), which sets forth causes of action for: (1) Violation of 15 U.S.C. SS (FCRA); and (...

Excerpt: ... (1) Failure to Provide Meal Peritxls (Lab. Code SS 204, 223, 226.7, 512 and 1198); (2) Failure to Provide Rest Periods (Lab. Code SS 204, 223, 226.7 and 1198); (3) Failure to Provide Hourly and Overtime Wages (Lab. Code SS 223, 510, 1194, 1194.2, 1197, 1997.1 and 1198); (4) Failure to Indemnify (Lab. code S 2802); (5) Failure to Provide Accurate Written Wage Statements (Lab. Ctxle S 226(a)); (6) Failure to Timely Pay All Final Wages (Lab. Code S...

Excerpt: ...forth the following causes of action: (1) Failure to Pay Minimum and Straight Time Wages [Cal. Lab. Cade SS 204, 1194, 1194.2, and 1197]; (2) Failure to Pay Overtime Compensation [Cal. Lab. Code SS 1194 and 1198]; (3) Failure to Provide Meal Periods [Cal. Lab. Code SS 226.7, 512]; (4) Failure to Authorize and Permit Rest Breaks [Cal. Lab. Code SS 226.7]; (5) Failure to Indemnify Necessary Business Expenses [Cal. Lab. Code S 28021; (5) Failure to ...

Excerpt: ...us wage and hour violations. The Complaint, filed on August 1, 2019, sets forth claims for: (1) Violation of California Labor Code SS 510 and 1198 (unpaid overtime); (2) Violation of California Labor Code SS 226.7 and 512(a) (failure to provide meal periods); (3) Violation of California Labor Code S 226.7 (failure to provide rest periods); (4) Violation of California Labor Code SS 1194, 1197 and 1197.1 (unpaid minimum wages); (5) Violation of Cal...

Excerpt: ...y SoundHound from November 29, 2011 to August 30, 2019. (TAC, '1 12.) SoundHound is a digital voice application company that enables humans to speak naturally to their smartphones and other devices. (TAC, 13.) Wilson was initially hired as a Principal Engineer and later he was promoted to Architect. (TAC, 14.) He created a significant amount of SoundHound's intellectual property, and he was an integral employee. (TAC, '114.) Over the course of hi...

Excerpt: ... Gatos High School ("Los Gatos"). (FAC, '121.) On February 9, 2022, Los Gatos hosted a boys' varsity soccer game. (FAC, 22.) Rokini attend the extra-curricular activity. (Ibid.) Once the game ended, Rokini promptly attempted to leave the school facilities. (FAC, '1 23.) Near the school parking lot, Rokini and his friend were confronted by a group from behind the bleachers. (FAC, '1 24.) The group of students, comprised largely of male varsity ath...

Excerpt: ... and coach who was and is employed by the Campbell Union School District ("CUHSD") and the Foothill-De Anza Community College School District ("FHDA"). (FAC, '1 8.) In early December 2021, Plaintiff began interviewing for promotion to a full-time tenured coach with FHDA and was told that he would likely be accepted for the position. Plaintiff had worked at FHDA for 14 years (6 years as the part-time head football coach). (FAC, 9.) Prior to Defend...

Excerpt: ...earden ("Ms. Bearden") "loudly proclaimed" that Plaintiff had sex with Defendant, which embarrassed them both. (ld. at '1 6.) Plaintiff immediately stated that the claims were not true. (Ibid.) Defendant, a manager at Yoga Source, told Plaintiff she spoke with Ms. Bearden about the unprofessional behavior. (Ibid.) Defendant denied ever suggesting anything that would lead Ms. Bearden to "conclude any facts that would substantiate defamatory statem...

Excerpt: ...on, and that the amounts he seeks are excessive. Having reviewed the parties' submissions, as well as prior orders of the court in this case (of which the court takes judicial notice under Evidence Ctxle section 452, subdivision (d)), the court GRANTS the motion in part and DENIES it in part. 2 The court awards attorney's fees in the amount of $56,702.00, as well as costs in the amount of $3,932.76, for a total of $ü634.76. 1. Timeliness GM argu...

Excerpt: ...ction with that purchase they received various warranties from Ford Motor Company ("FMC"). (Complaint, "9-10.) Plaintiffs further allege that the Vehicle experienced transmission and engine defects during the warranty period. (Complaint, 911.) Plaintiffs filed this lawsuit on February 22, 2021 alleging (1) Violation of Civil Code Section 1793.2(D) (against FMC); (2) Violation of Civil Code Section 1793.2(B) (against FMC); Violation of Civil Code ...

Excerpt: ...otes that notice dæs not ap#ar to be proper for the motion for reconsideration. Although there is a prtnf of service dated July 20, 2023 in the file, indicating service of the "motion to reconsider" on Berman by Pomogaibo's husband, Sergey Firsov, there is no amended notice of the October 17, 2023 hearing, as required by the court's læal rule. As a result, the court has no way of knowing whether Berman received notice of the hearing date. In ad...

Excerpt: ...laint, '1 7.) The operating agreement states that the parties are members and managers of FJP and owe a fiduciary duty to one another. (See complaint, 11'18-10.) On December 29, 2017, Pastore formed NP, LC of which Pastore was the sole member. (See complaint, 11-13.) On January 1, 2018, FJP, as landlord, entered into a commercial lease with NP as the tenant for a term of five years from January 1, 2018 to December 31, 2022. (See complaint, '1 14....

Excerpt: ...IE On May 30, 2023, Plaintiff filed four motions to compel further discovery responses from H. Sarji, R. Sarji, and Entity Defendant. Defendants opposed the motons. II. Preliminary Matters a. Motions to Compel Against Individual Defendants On October 11, 2023, Plaintiff withdrew its motions to compel further responses to requests for document production against individual defendants H. Sarji and R. Sarji. Accordingly, the Court will not address t...

Excerpt: ...tin object's to Plaintiff's undertaking. Justin also moves to join in Defendant's moton to quash and evidentiary objections. Request for Judicial Notice Defendant requests judicial notice of the Second Amended Complaint (A), the docket in this case (B), the proof of service for the Application for Renewal of Judgment (C), the Notice of Levy (D), the Memorandum of Garnishee (E), and the Plaintiff's Undertaking (F). The request is granted as to Exh...

Excerpt: ...posing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 16 October 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Motions of Defendant to 1. Strike All Allegations in Case Number 20PR187701 (Code of Civil Procedure, S 425.16) and For an Order Compelling Plaintiff to Pay Attorney's Fees; 2. Demurrer to Plaintiff's Complaint. l. Statement of ...

Excerpt: ...se. 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 October 2023. Please specify the issue to be contested when calling the Court and Counsel. Order on Motion of Plaintiffs to Reconsider This Court's Order of 04 May 2021 Granting the Motion of Defendant Ford Motor Company to Com#l Arbitration and Stay Prueedings. l. Statement of Facts. Plaintiffs filed this complai...

Excerpt: ...e is no arbitration agreement between Kia and Plaintiff, thus there is no arbitration agreement to enforce." The Parties appeared for argument, and Kia argued the Court did not have jurisdiction to sua sponte reconsider Judge Rudy's prior order sending the matter to arbitration. The Court granted Kia's request to brief and argue the issue. Having reviewed the Parties' supplemental briefing, the Court now issues a revised tentative ruling. l. Back...

Excerpt: ... corporation) to enforce judgments for unpaid wages obtained by former CMS employees. The Virginia entity is hereinafter referred to as "PEW Based on the operative third amended complaint ("TAC"), DLSE brought a motion for summary judgment or summary adjudication, which was heard on July 6, 2023. In a formal order issued that same day, the court denied summary judgment but granted summary adjudication to DLSE as to the first and fourth causes of ...

Excerpt: ...cerning these payments, while in the Third Amended Cross-complaint ("TAXC"), Cross-complainants seek damages and other relief against Silvaco and Kathy and Iliya Pesic ("the Pesics"), based on various contractual breach and business tort theories. Before the Court is Defendants/cross-complainants Ole Christian Andersen, Jens Michelsen, and JPT8 Family Holding ApS's ("JPTB") (collectively, "Cross- Complainants") motion to compel Silvaco and Ms. Pe...

Excerpt: ... to show the profits that they earned— either directly or through trusts that they own—from the "AC Master Franchise," and that this information is needed in order for him to calculate and prove damages in this case. Plaintiff notes that Judge Kirwan's order specifically found that "the profits earned by Defendants (and/or entities they own and control) from the AC Master Franchise" are "directly relevant to Plaintiff's damages claims." (Sept...

Excerpt: ...is action arises out of the alleged use of decedent Ivan Pesies ("Pesic") genetic material by Joyce Chin ("Chin") to conceive two children through the fertility performed by the Zouves Defendants. In February 2011, Pesic and Chin signed the Informed Consent and Agreement for Longterm Cryopreservation and Storage of Semen (the "Agreement") with the Zouves Defendants governing the storage and use of Pesic's sperm. The Agreement provided an initial ...

Excerpt: ...the parties' submissions, including the proposed protective order and protocol, and now rules on the disputed provisions as follows: • Paragraph 3: The proposed amendment to this paragraph of the protective order creates an "outside counsel only" tier of protection for the most highly confidential information. As a general matter, the court has no problem with the creation of an "attorneys' eyes only"- level tier in the protective order, as suc...