Excerpt: ...rty and removed two matured birch trees without Plaintiff's knowledge and consent. On the following day, when Plaintiff arrived home, he received a note from Defendants acknowledging that their employees had removed the two birch trees. On April 10, 2023, Plaintiff filed this complaint against Defendants alleging: (1) trespass, (2) treble damages for wrongful cutting or removal of timber pursuant to Civil Code section 3345(A) and Code of Civil Pr...

Excerpt: ...As alleged in the operative complaint,l Defendants own and operate a media-sharing platform, YouTube, which contains videos created by individuals and entities that have registered with YouTube and uploaded their videos to a "channel." (Complaint, '1 1.) YouTube is accessible as a website at youtube.com (the "YT Website"), or on a mobile application or application on a set-top streaming device (the "YT Apps") (together with the YT Website, the "Y...

Excerpt: ... property is located at 1305 Buckthorne Way in San Jose (the "Property"). (Cross-complaint, '1 4.) In March 2022, Cross-complainants discovered the Property was in tax default status and was about to be auctioned off ata real property sale. (Ibid.) Cross-complainants paid the latest year's real property taxes, which stopped the pending tax sale. (Ibid.) After investigation, they determined the Property was abandoned. (Cross Complainant, '15.) In ...

Excerpt: ... ("Defendant") in an amount exceed-ng between September 2017 and September 2018. (Second Amended Complaint ("SAC"), 4-15.) The products included the Fortinet FortiGate models FG-201E, FG-5WE, FG- FG-1500D, FG-32wD, and FG-3960E; Fortinet FortiSwitch models FSW-248D, FSW-248D-FPOE, FSW- 248E-FPOE, FSW-448D, FSW-448D-FPOE, and FSW-1024D; and network management software including FortiManager, FortiAnalyzer, and FortiAuthentcator. (SAC, 15.) Plainti...

Excerpt: ... Schultz Industrial Services, Inc., and Schultz Mechanical Contractors, Inc. (collectively, Defendants) on January 21 2020, sets forth a single cause of acton for Violation of 15 U.S.C. SS1681b(b)(2)(A) (FCRA). On May 3, 2023, the court granted preliminary approval of the settlement, subject to approval of the modified class notice. Plaintiff now moves for final approval of the settlement, attorney's fees, costs and expenses, and enhancement paym...

Excerpt: ...ent LLC ("La Encina"), a California development company. La Encina hired Group One to construct five homes in San Jose but the contract was terminated prior to the completion of the project. Group One initiated this action filing a complaint for breach of contract and to foreclose a mechanics lien in the amount of approximately $985,000. Thereafter, La Encina filed a cross-complaint raising claims for (1) breach of contract, (2) declaratory relie...

Excerpt: ...m the Kyles on August 1, 2016. The business was purchased in part with a personal loan guaranteed by the RSL's managing member, Howard Misle. Following the sale, Recycling Specialists, LLC remained in debt to the Kyles in the amount of approximately $1.3 million. In early 2016, J&Y became aware that the Kyles were selling Recycling Specialists, Inc. and it received a copy of the written purchase and sale agreement around July of 2016. (Decl. of D...

Excerpt: ...(ld.) Plaintiff filed a claim with the Labor Commissioner on July 1, 2020; however, this claim was dismissed by the Labor Commissioner on June 30, 2021. (See complaint, 10.) Plaintiff filed a second claim with the Labor Commissioner on March 10, 2022, but this claim was closed after the Labor Commissioner declined jurisdiction on February 7, 2023. (ld.) On March 16, 2023, Plaintiff filed a complaint against Defendants, asserting causes of action ...

Excerpt: ...1 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 09 October 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Orders on: (1) Demurrer and Motion to Strike to the Second Amended Cross-complaint by Cross-Defendant Arrow Pacific Insurance Services; and (2) Demurrer to the Second Amended Cross-com...

Excerpt: ... does not dispute the costs amount, but it challenges the fees amount as excessive, particularly given that this case was filed as a limited civil action, and Xia's eventual monetary recovery was only $223.00. Defendant also questions whether Xia should be considered the prevailing party at all. Having reviewed the parties' submissions, as well as Judge Rosen's statement of decision, the court GRANTS Xia's motion in large part and DENIES it in sm...

Excerpt: ...good faith settlement determination pursuant to Code of Civil Procedure 5877.6. The City of Santa Clara ("City"), who was a codefendant but has been granted summary judgment, opposes the motion on the basis that the settlement relies on inadmissible evidence, ignores the applicable insurance policy limits, and is not in the ballpark for what the case is worth. EVIDENTIARY OBJECTIONS City objects to paragraphs 2-11, 26, and 31 of the declaration o...

Excerpt: ...19. It states four causes of action: (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 State Farm only); (3) Negligence (against all defendants); and (4) Unfair Business Practices (against all defendants). While the specific policy for the subject pro#rty is mentioned in the complaint, there are no attached exhibit...

Excerpt: ...tay and for related sanctions, contending Compass waived the right to arbitration by falling to timely pay its share of the arbitration fee. (Plaintiff's memorandum of points and authorities, pp. 1, 4.) On September 7, 2023, Compass filed the second motion now the court, a motion to compel arbitration, contending it did not knowingly waive the right to arbitration because the attorney of record did not receive timely notce for the payment of the ...

Excerpt: ...seudonym from the complaint, arguing that Plaintiff failed to allege facts demonstrating that she was permitted the use of a pseudonym given the presumption that judicial prueedings in civil cases are to be open. After SSH filed the motion, counsel for Plaintiff emailed counsel for Defendants, indicating that he found an additional case supporting the use of a pseudonym and that he that Defendants knew the identity of Plaintiff because "[ilf the ...

Excerpt: ...9, Plaintiff David Feldman filed this lawsuit against his former attorney Robert Machado alleging (1) deceit and intentional fraud, (2) promissory fraud, (3) concealment fraud, (4) constructive fraud, and (5) elder financial abuse. Feldman filed a first amended complaint on November 12, 2019 asserting the same five claims and seeking 33,123,340M in actual damages, pun-tive damages, and treble damages. By stipulation of the parties, Feldman added ...

Excerpt: ...e May 23 hearing, the court noted that Wormley's counsel's declaration in support of the moton to vacate (Declaration of Patrick Khalil) was inadequate, because it did not provide enough information about an alleged calendaring error that led to his multiple failures to appear, and was also not delivered under oath, as required by Code of Civil Procedure section 473, subdivision (b). Nevertheless, the court also stated that it would grant the mot...

Excerpt: ...ecton 1281.2, until resolution of the plaintiffs' claims against SFM and Sterling DAF. 1. Background According to the plaintiffs, "[t]his case is about a defective estate planning vehicle ... that was supposedly designed to allow plaintiff Joseph Wong ... to transfer assets into a charitable donor's fund which he could manage for growth and utilize in advertised beneficial ways while getting a tax deduction." (Opposition to Sterling Foundation Ma...

Excerpt: ...these alleged violations, the Complaint includes causes of action for: (1) failure to pay minimum wage for all hours worked; (2) failure to pay overtme wages; (3) failure to provide meal periods; (4) failure to permit rest breaks; (5) failure to reimburse business expenses; (6) failure to timely pay wages during employment; (7) failure to provide accurate, itemized wage statements; (8) failure to pay all wages due upon separation of employment; (...

Excerpt: ...s, arguing that venue is proper in either Santa Clara County or Tulare County. The court finds this motion to be somewhat vexing, because neither side appears to have presented a full picture of the relevant circumstances that would allow the court to make a knowledgeable decision on the question presented. The court believes that key pieces of information are missing. Because the burden of proof is ultimately on the moving party, the court finds...

Excerpt: ... was a passenger in an aircraft that crashed, killing her and the other passengers aboard. On February 25, 2019, plaintiff Richard Pierce, individually and as successor-in-interest to the Estate of Stacey Pierce, and Brandon Pierce ("Plaintiff") filed a complaint against multiple defendants. Around November 2020, Plaintiff learned that Larry Fistolera may be liable for the plane crash, as he had inspected and serviced the plane. Mr. Fistolera pas...

Excerpt: ...'s motion to stay this achon pending resolution of the following related cases: (1) Ramon Ponce, et al. v. Cortec Precision Sheet Metal, Inc., Santa Clara County Superior Court, Case No. 21CV378025 (the "Ponce Action"); and (2) Maria Sanchez v. Cortec Precision Sheet Metal, Inc., Santa Clara County Superior Court, Case No. 21CV380908 (the "Sanchez Action"). Based on the reasons discussed below, the Court GRANTS Cortec's motion. IV.BACKGROUND Plai...

Excerpt: ...round August 19, 2022, Defendants terminated Plaintiff. (Ibid.) The parties had an oral agreement with Prada whereby Defendants agreed to pay Plaintiff $1,000 per month to cook dinner for Shifter and sleep at her home. (Complaint, 15.) Prada communicated with Plaintiff multiple times through phone and text to discuss Plaintiff's employment responsibilities and to later end Plaintiff's employment. (Complaint, "1 16, 18, 19, 21, 23- 25.) However, P...

Excerpt: ...s where Plaintiff was not a party relating to flat pricing or off label use. Plaintiff lists numerous other short falls in the discovery on pages 6-7 of its motion, as well as prov-des evidence of Defendant's failure to look for relevant documents and information in fts reply. Plaintiff now seeks the discovery as well as monetary and issue sanctions for Defendant's willful behavior. Misuse of the discovery process includes "[dlisobeying a court o...

Excerpt: ...) on or about July 1, 2018 and obtained an express warranty. Plaintiff further alleges that during the warranty period, the Vehicle developed defects, including a defective transmission system and defective body system. Plaintiff brought this case against GM on January 20, 2023 asserting various warranty claims. Plaintiff now seeks an order compelling GM to produce documents relating to (1) GM's internal investigation and analysis of the Powertra...

Excerpt: ...ber 19, 2022 for breach of warranties. The complaint does not appear to have any more specific allegations for this Vehicle. Plaintiff now seeks to compel Kia to produce person(s) most knowledgeable for deposition and documents. Kia argues the topics are overbroad and Plaintiff failed to adequately meet and confer. II. Legal Standard Discovery is generally permitted "regarding any matter, not privileged, that is relevant to the subject matter inv...