Excerpt: ...urts have found that shareholder derivative plaintiffs may be considered as trustees or guardians ad litem to the right of action. [Citation.) Such plaintiffs have no power to settle or compromise the corporation's action absent court approval"l.) "A court reviewing a settlement agreement considers whether the proposed settlement is fair and reasonable in light of all relevant factors. [Citations.] A court reviews the settlement of a derivative s...

Excerpt: ...s CFO position and Wilco CEO, Mr. Ramasamy, emailed Plaintiff with compensation for the position: a base annual salary of $240,000, an annual performance bonus of up to 10% of his salary amount, and a 5% equity stake in Wilco. (See SAC, 15-16.) The salary and bonus terms of compensation were memorialized in an offer letter dated October 18, 2021, however, Ramasamvs October 17, 2021 email stated that "the equity related details will not be present...

Excerpt: ...Complaint ("FAXC"), in or around June 2022, Cross-complainants discussed the possibility of obtaining a loan in a cash amount between to $475,0W with Cross-defendant. (FAXC, '1 8.) On or around July 13, 2022, Cross-complainants and Cross-defendant executed an Agreement to Procure üJan ("the Agreement"), wherein Cross-defendant agreed to obtain a cash out loan in an amount of $4COOW to on of Cross-complainants and secured by two of their properti...

Excerpt: ...oject. The electrical light fixtures were manufactured by cross-defendant Selux Corporation ("Selux"). On December 23, 2022, the owner of the Project, Synopsys Inc. ("Synopsys") filed its complaint against SC Builders, Inc., Sprig, and Selux for damages stemming from installation of the defective light fixtures. On March 23, 2023, Sprig filed its first amended cross-complaint containing causes of action for equitable indemnity, implied indemnity,...

Excerpt: ... and Ms. Gandhi have filed cross-claims againat Hine for unpaid wages and profit-sharing. After a number of demurrers by various defendants and a number of amendments, Hone has now filed its fifth amended complaint ("5AC"). All Defendants, apart from OnePrime Capital LLC, OnePrime Alpha Fund VII, LP, and One Prime Opportunity Fund l, LLC (collectively, "OnePrime") and Windward Ventures LLC ("Windward") have filed their answer to the FAC. Now befo...

Excerpt: ...h the following causes of action: (1) Failure to Pay Minimum Wages [Cal. Lab. Code SS 204, 1194, 1194.2, and 1197]; (2) Failure to Pay Overtme Compensation [Cal. Lab. Code SS 1194 and 1198]; (3) Failure to Provide Meal Periods [Cal. Lab. Code SS 226.7, 5121; (4) Failure to Authorize and Permit Rest Breaks [Cal. Lab. Code SO 226.7]; (5) Failure to Indemnify Necessary Business Expenses [Cal. Lab. Code S 28021; (5) Failure to Timely Pay Final Wages ...

Excerpt: ...ed on November 4, 2021, sets forth the following causes of action: (1) Failure to Reimburse Business Expenses (Labor code S 2802); (2) UC Violations (Cal. Bus. & Prof. code SS 17200-17204); and (3) PAGA Penalties (Labor Code S 2698 et seq.). The parties have reached a settlement. Plaintiff Valerie Boyer ("Plaintiff") now moves for preliminary approval of the settlement. II. LEGAL STANDARD Generally, "questions whether a settlement was fair and re...

Excerpt: ... the tentative ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 28 August 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motion of Plaintiff To Bifurcate Pursuant To Code Of Civil Procedure, SS 1048(b) and 598. In this action, plaintiff Cohesity, Inc. filed a complaint against defendant Randall Seidl alleging the following causes of action: 1. B...

Excerpt: ...lto (the "Sheridan Property")3 , while the consolidated cases involve property located at 4234 Pomona Avenue in Palo Alto (the "Pomona Property").4 The instant motions involve the Pomona Property. Sherry holds a 70% title interest in the Pomona Property with her husband, Alexander Liu ("Alex"), as community property. (Complaint, 3.)5 Defendant Mei Haw Chuang is Sherrvs mother and the wife of the late Ying Cheh Chuang, who passed in April 2017. (C...

Excerpt: ...tered a contract with TM for the purchase of Lot 104 at 73 Montecito Vista Drive, Unit No. 1 in San Jose (the "Property") for $669,745 and deposited $20,093.25 into escrow. (TAC, '1 23.) Pursuant to section 8(a) of the contract, the closing date for the transaction was required to when a certificate of occupancy was issued, as San Jose Municipal Code S 24.02.61(A) prohibited usage or occupancy of the Property prior to the issuance of a certificat...

Excerpt: ...elieved to be the smell of oil (Complaint, 910.) When Plaintiff asked the salesperson about this smell, he was told the smell was because of "caps" that had been removed from the exhaust system, but that the Vehicle had been extensively checked by Dealer's technician and had no problems. (ld.) Plaintiff had no reason not to believe the salesperson's representations. (ld.) Plaintiff then immediately experienced several problems with the Vehicle, n...

Excerpt: ...plaint, 1.) In the fall of 2019, White, Wall, Thompson, Harris, and White's girlfriend, "S.V.," formed a cover band. (ld. at '127.) In the fall of 2020, White, Wall, and Thompson lived as friends and roommates in an apartment near Stanford. (ld. at '1 26.) White had a close but platonic relationship with Wall, Thompson, and Harris. (ld. at 33-34.) From the fall of 2019 to early 2020, White was a residential advisor who lived in the same dorms as ...

Excerpt: ... 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 28 August 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order On Motion Of Defendant Vacate Judgment. Plaintiff did not file opposition to this motion. It does not appear that there was a proper proof of service of the motion to counsel for plaintiff. The file contains a l...

Excerpt: ...assigned her to obtain travel documentation related to Lee's brother and his mistress. (Ibid.) Following their meeting, Lee "lured YANG to the united States with the promise of lucrative opportunities at Stanford and in the Silicon Valley investment world." (FAC at '14.) Lee holds himself out as the senior advisor of the former CEO of Stanford Health and as an investor working at Stanford university. (ld. at 3, 7.) Throughout their relationship, ...

Excerpt: ...de provisions, the court GRANTS the motion. 1. Factual Background For some reason, it dæs not appear that anything substantive happened in this case between August 3, 2020 and December 2, 2022, the time period between this court's (Judge Barrett's) order compelling arbitration and the date on which plaintiffs finally submitted a demand for arbitration to JAMS. Nevertheless, once that occurred, JAMS sent an invoice for a $6mo retainer to defendan...

Excerpt: ...d (3) Defendants' demurrer to the First Amended Complaint ("FAC"). Pursuant to California Rule of Court 3.1308, the Court issues its tentative ruling. l. Background On May 24, 2007, Plaintiff executed a deed of trust ("DOT") encumbering the property at 1588 Calco Creek Drive in San Jose (the "Property") to secure a promissory note in the principal amount of $1 million (the "Note") from Washington Mutual. JP Morgan Chase ("Chase") later acquired t...

Excerpt: ...llowing provisions: 3. Mutual Stay-Away Provision: The Parties agree not to contact the other, either directly or indyectly, in anyway, including but not limited to, in person, by telephone, in writing, by public or private mail, by interoffice mail, by email, by text message, by fax, or by any other electronic means. This is not an exclusive legal remedy for any future conduct. If the parties encounter one another by chance or accident, the part...

Excerpt: ...g papers and $3,665 for the reply. Apart from a brief answer or two, Omega has admittedly failed to prov-de responses to nearly all of these interrogatories and requests, serving only objections. Omega offered to serve substantive responses to Ahedo by September 15, 2023, in exchange for Ahedo's willingness to take the motion off calendar. Ahedo declined. Notwithstanding the lack of any meaningful responses to date, Omega now seeks $5,649.20 in m...

Excerpt: ...ient on February 13, 2020 and was punched in the breast with a closed fist and insulted by the client after he became agitated. Familiar alleges Plaintiff entered a Personal Caregiver Employment Agreement on December 10, 2019 (the "Agreement"). Paragraph 6 of the Agreement contains a detailed arbitration clause that requires: All claims, disputes, controversies, or disagreements of any kind whatsoever ("Claims"), including any Claim arising out o...

Excerpt: .... Any party opposing the tentative ruling must call Department 20 at 408.808.6855 and the opposing party no later than 4:00 PM on 23 August 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motion of Plaintiff to Require Defendant Kuantsol Inc. to Advance Attorney's Fees And Costs to Alex Shahidi Pursuant to Indemnity Agreement. l. Statement of Facts. Plaintiff filed this complaint on 21 Febru...

Excerpt: ...e roadway causing severe and permanent injuries. (ld.) The pathway was owned, maintained, controlled, transferred, designed, built, patrolled, funded and/or operated by defendant City of Palo Alto ("City"). (See SAC, 2.) The accident was allegedly caused by City as it negligently designed, warned, failed to warn, constructed, created, maintained, repaired, owned, operated, controlled, signed and regulated the subject location, thereby creating a ...

Excerpt: ...nal and still operative complaint is a form complaint filed on September 24, 2021. It states causes of action for: (1) Premises Liability/Dangerous Condition of Public Property, and (2) General Negligence. Three of the several defendants are the City of San Jose (the "City"), the 1939 Monterey Road Owners Association (the "Association"), and Verity Properties, Inc. ("Verity"). The complaint makes little distinction between the defendants and has ...

Excerpt: ...of Fresno ("Dealer"). The Vehicle was manufactured by Ford Motor Company ("Ford"). Plaintiff entered a written "Retail Installment Contract—Simple Finance Charge (with arbitration provision)" ("RISC"). Immediately above the final buyer/co-buyer signature block, the RISC provides: YOU AGREE TO THE TERMS OF THIS CONTRACT. YOU CONFIRM THAT BEFORE YOU SIGNED THIS CONTRACT, WE GAVE IT TO you, AND YOU WERE FREE TO TAKE IT AND REVIEW IT. YOU ACKNOWLED...

Excerpt: ...Trucking could bring. Plaintiffs request the court take judicial notice of the original complaint and the FAC. As they are court records, the request is GRANTED. Defendants request that the court take judicial notce of facts within court filed documents. This request is DENIED. The fact of the filings can be judicially noticed, but the court will not take judicial notice of the truth of the information in the records or of the interpretation of t...

Excerpt: ...uest that the Court correct this error pursuant to Code of Civil Procedure section 473(d) and impose $2,457,400 in fines. Code of Civil Procedure section 473(d) provides: "The court may, upon motion of the injured party, or its own motion, correct clerical mistakes in fts judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgmen...