Excerpt: ... August 26, 2021, Plaintiff injured his wrist while pulling down heavy boxes. (ld. at 25.) Thereafter, he notified his employers of his disability and/or medical condition and ultimately could no longer continue working as he was forced to leave his shift. (ld. at 26-27.) Plaintiff was terminated from his employment on August 26, 2021. (ld. at '1 28.) Plaintiff was employed by two business entities, each named as a defendant, and collectively ref...

Excerpt: ...and We Party, Inc. ("We Party"). Ren filed her original complaint on April 25, 2022 (Case No. 22CV397314), while she was represented by counsel. That complaint 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, Hu, and...

Excerpt: ...ince it was Mr. Zubillaga, not Plaintiff, who had the attorney-client relationship with H&C; (2) the other matters in which H&C represented Plaintiff are not substantially similar to the current matter and the counsel inwlved in the other matters have no confidential information regarding Plaintiff; (3) H&C has erected an effective and timely ethical wall; and (4) Plaintiff waived its ability to move to disqualify H&C due to its extreme delay in ...

Excerpt: ...(against Encore only); 2. Breach of Fiduciary Duty (against Vogel only); and 3. Declaratory Relief (against all Defendants). On March 27, 2023, the court heard Encore's demurrer to the complaint. The court overruled the demurrer to the second cause of action and sustained the demurrer to the third cause of action (based on application of the business judgment rule), with 10 days' leave to amend. In addition, the court denied Vogel's joinder to th...

Excerpt: ...e. Any party opposing the tentatve ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on the 25 September 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Orders On: (1) Defendant Caltrans' Demurrer To Plaintiff Tina Cacilhas's Second Amended Complaint; (2) Defendant Caltrans' Motion To Strike Portions Of Plaintiff Tina Cacilhas's Second Amended Complaint; and ...

Excerpt: ... their agent, supervising employees, and running daily operations. (FAC, 15.) Prieto was later appointed the CEO of TLCO 18, LLC. (Ibid.) Prieto was at all times a registered sex offender. (Ibid.) Defendants also hired Elias Rodriguez ("Rodriguez") who acted as the assistant manager of The Hut. (ld. at '1 24.) Rodriguez had been previously fired from another bar/restaurant for complaints of sexual harassment and was known to sexually harass his f...

Excerpt: ...sing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than PM on the 25 September 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motion of Defendants J.T. Magen & Co., lnc and JTM Construction Group, Inc. For Summary Judgment. l. Statement of Facts. On or about 3 November 2020, plaintiff Carlos Castro ("Plaintiff") was an employee of Southland Ind...

Excerpt: ...dministrator of GSH and a care custodian of Plaintiff. (SAC, 23.) On July 1, 2019, Plaintiff was discharged to White Blossom Care Center with complaints of stomach pain and a distended stomach; thereafter, Plaintiff's colon ruptured and he was throwing up black vomit. (SAC, 37.) On July 2, 2019, Plaintiff was returned to GSH, and required further operations, as well as placement on a colostomy bag and another bag to drain blood. (SAC, 38, 45.) Pl...

Excerpt: ...stees of the Leland Stanford Junior University and operated by defendant Stanford Health Care. The complaint, filed on October 5, 2020 by Sharif and Marghuba Razzaqui (collectively, "Plaintiffs"), 3 is a form complaint stating two causes of action—motor vehicle negligence and premises liability—against several named defendants and various Doe defendants. The first cause of action for negligence is alleged against all defendants, including the...

Excerpt: ...osition. The court finds the parties' briefing on this motion to be singularly unhelpful, with the parties mainly talking past each other and failing to explain clearly to the court exactly what remains to be resolved between the parties. For example, neither side's briefing actually addresses the language of Categories 1-4, 7, and 10. The lack of clarity may have been ameliorated with a separate statement, but as GM points out, Sanchez failed to...

Excerpt: ...pposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on the 25 September 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motion of Plaintiff to Compel Attendance at a Deposition Of Defendant's Person Most Qualified By Video With Production Of Documents and for Monetary Sanctions. l. Statement of Facts. On 17 December plaintiff was ...

Excerpt: .... The Court found Jane Sun to be the alter ego of Cherry Blossom. In the opening paragraph of the judgment, it defines "Jane Sun" as "JANE VEI-CHUN SUN, individually and as Co-Trustee of the Jarvis Holding Trust dated 5/15/2004 and as Co-Trustee of the Nixon Lucille Holding Trust dated 6/15/2004." On April 6, 2023, ASNM served post-judgment interrogatories, and post-judgment inspection demands on Jane Sun, and on May 9, 2023, Jane Sun served resp...

Excerpt: ...yees for business expenses. Before the Court is Plaintiff's moton for approval of a settlement, which is unopposed. As discussed below, the Court is inclined to GRANT the motion, subject to changes to attorney's fees and the net settlement amount. VIII. BACKGROUND Plaintiff worked as a janitor for A1-Jay's from approximately 2015/2016 to September 15, 2021 and was classified as an hourly, non-exempt employee. (Complaint, '1 7.) He alleges that De...

Excerpt: ... of the settlement and settlement class are set forth in that order. Before the Court is Plaintiff's motion for final approval of the settlement, and for approval of his attorney's fees, costs, and service award. The motion is unopposed. As discuss below, the court GRANTS final approval. I. LEGAL STANDARDS FOR SETTLEMENT APPROVAL A. Class Action Generally, "questions whether a [class action] settlement was fair and reasonable, whether notce to th...

Excerpt: ... name "Findora." In Case No. 20CV372622 ("Ab-ttan"), Temujin alleges that Defendants and Crosscomplainants Ariel Abittan, Benjamin Fisch, and Charles Lu conspired to: (a) assert a false claim of ownership of its business; (b) misappropriate its trade secrets; (c) usurp and interfere with control over its assets, such as social media accounts; and (d) interfere with its relationships with investors and business partners. Mr. Abittan, a former busi...

Excerpt: ... party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:1N PM on the 20 September 2023. Please specify the issue to contested when calling the Court and Counsel. —0000000m Motion of Defendant Origo, LLC For Sanctions Pursuant to Code of Civil Procedure, S 128.7. l. Statement of Facts. Plaintiff The Carlton Group, Ltd. ("Carlton") is one of the world's leading real estate investment ban...

Excerpt: ...692-1692p ("FDCPA"); and the California Rosenthal Fair Debt Collection Practces Act, California Civil Code sections 1788-1788.33 ("RFDCPA"). Before the Court is Ms. Guzman's motion to compel further document production responsive to requests for production of documents ("RPDs), Set Three, and CCS and CrossDefendants Patenaude & Felix and Todd Christopher Simonson's (collectively, "CrossDefendants") motion to seal certain limited records condition...

Excerpt: ...ants, all of whom are former Trace3 employees, joined Sycomp, a competitor, after abusing and exploiting their privileged access to Trace3's computer networks and devices to misappropriate Trace3's trade secret and confidential information to the benefit of Sycomp. Before the Court are three separate motions to seal, as well as a motion to uphold confidentiality designations by Trace3, all of which are opposed by Sycomp.2 For the reasons discusse...

Excerpt: ...most of the fact witnesses and medical professionals are located in Texas; and (3) there is no private or public policy interest in having the case heard in California, this case should be brought in Texas. Plaintiffs oppose the motion. Legal Standard "In determining whether to grant a motion based on forum non conveniens, a court must first determine whether the alternate forum is a 'suitable' place for trial. If it is, the next step is to consi...

Excerpt: ... Mustard Seed Learning Center ("Mustard Seed") and Shuhuan Hsu, asserting breach of lease, breach of guaranty, breach of implied covenant of good faith and fair dealing and fraud. The Complaint alleges that on November 2, 2010 Bayshore and Mustard Seed entered a 10 year lease which commenced on July 21, 2012. (Complaint, "7, 10, Ex. A.) Mustard Seed leased the premises for the purpose of operating a commercial daycare and after school learning ce...

Excerpt: ...) on its property. By order dated April 4, 2023, the Court (Hon. Amber Rosen) granted Defendants' special motion to strike this complaint. Apparently, immediately upon receipt of this order, Plaintiff filed a paper which seems to ask the undersigned to set that ruling aside. There is no basis stated in Plaintiff's motion papers or otherwise that would support setting the April 4, 2023 ruling aside. Plaintiff's motion is therefore DENIED. II. Defe...

Excerpt: ...hn Shey-Tsuane Sun; and Christopher Shey-Tau Sun (collectively, "Defendants"). Plaintiffs brought the following seven causes of action against all Defendants: 1) Specific Performance; 2) Breach of the Implied Covenant of Good Faith and Fair Dealing; 3) Breach of the Lease Agreement; 4) Breach of Covenant of Quiet Enjoyment; 5) Intentional Interference with Prospective Economic Advantage; 6) Intentional Interference with Contract; and 7) Declarato...

Excerpt: ...tiff presented the subject vehicle to GVVs authorized repair facility for concerns regarding the vehicle's transmission, infotainment and other various concerns, and the repair facility performed warranty repairs. (See FAC, '1 24.) On November 24, 2021, Plaintiff presented the subject vehicle to GM's authorized repair facility for concerns regarding the vehicle's transmission, electrical system and other various concerns, and the repair facility ...

Excerpt: ...confirm. The basis for Signature's opposition (and petition to vacate) is the fact that the arbitrator who awarded the attorney's fees and costs to Silva, Jonathan Polland, supposedly failed to disclose the fact that he teaches an American Arbitration Association (AAA) class called "Everything an Advocate Needs to Know About Winning Attorney's Fees and Costs in an Arbitration." According to Signature, the very title of this class evinces a bias i...

Excerpt: ...UND As alleged in the operative complaint, Plaintiff is currently employed as a Data Center Technician by Defendant, which operates data center facilities and provides data center investment services. (Complaint, 7.) Plaintiff has been employed with Defendant since November 13, 2019, and throughout her employment has been employed as an hourly, nonexempt employee. (Ibid.) She alleges that Defendant violated Section 226, subdivision (a), by failin...