Excerpt: ...d for employment with Defendant for a job assignment with Tesla. (FAC, 29.) He was offered the position and accepted. (Ibid.) Plaintiff then signed a digital consent disclosure authorizing Defendant to obtain an investigative consumer report ("ICR"). (ld. at '1 30.) The FAC alleges the disclosure was non-compliant and that he opted-in to request a copy of the report in the event of its procurement. (Ibid.) On July 19, 2022 and July 22, 2022, Defe...

Excerpt: ...d to properly pay Plaintiff for the medically necessary services, supplies, and/or equipment rendered to patient N.B. (the "Patent"), who was an enrollee and beneficiary of health plans sponsored, administered, and/or financed by EBMS. (SAC, '1 7-8.) Private Healthcare Systems ("PHCS") is a nonparty and operates a preferred provider network ("PPO") in which PHCS indemnifies health care expenses, performs utilization review services, provides or a...

Excerpt: ...l. (PAGA), Superior Court of California, County of San Mateo, Case No. 22-ClV-04928. Case No.: 22CV396584 The above- entitled action comes on for hearing before the Honorable Theodore C. Zayner on August 23, 2023, at 1:30 p.m. in Department 19. The court now issues its tentative ruling as follows: l. INTRODUCTION This coordinated action involves four cases: (1) Jesus Beltran v. Recology South Bay, et al. (Case No. 22CV396584, Santa Clara County S...

Excerpt: ... California Labor Code SS 510 and 1198 (Unpaid Overtime); (2) Violation of California Labor Code SS 226.7 and 512(a) (Unpaid Meal Period Premiums); (3) Violation of California Labor Code S 226.7 (Unpaid Rest Period Premiums); (4) Violation of California Labor Code SS 1194, 1197, and 1197.1 (Unpaid Minimum Wages); (5) Violation of California Labor Code SS 201 and 202 (Final Wages Not Timely Paid); (5) Violation of California Labor Code S 204 (Wage...

Excerpt: ...uying Practices Act ("CFD8PA" or the "Act," Civ. Code, SS 1788.50— 1788.66). The Class Action Complaint, filed on December 7, 2020, sets forth a cause of action for violation of Civil Code secton 1788.52, subdivision and asserts Plaintiff and the class are entitled to statutory damages and attorney's fees and costs under Civil Code section 1788.62, subdivisions (a)-( c). On February 23, 2022, the court granted Defendants' moton to seal financia...

Excerpt: ...old omitted), filed on March 23, 2023, sets forth the following causes of achon: (1) unpaid overtme (Lab. Code, SS 510, 1198); (2) unpaid minimum wages (Lab. Code, SS 1182.12, 1194, 1197, 1197.1, 1198); (3) failure to provide meal periods (Lab. Code, SS 226.7, 512, subd. (a), 516, 1198); (4) failure to authorize and permit rest periods (Lab. Code, SS 226.7, 516, 1198); (5) non-compliant wage statements and failure to maintain accurate payroll rec...

Excerpt: ...ny party opposing the tentatve ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 21 August 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order On Defendant Hi.Q, Inc.'s Demurrer To Plaintiff's Complaint. l. Statement of Facts. Plaintiff Osceola Lead Generation Holdings, LLC, d/b/a Quote.com ("Plaintiff"), a marketing services provider, brings this breach...

Excerpt: ...of themselves as individual shareholders and derivatively on behalf of all shareholders of VCI. (ld. at 45.) This action is brought against defendant Jenay A. Hoffman ("Jenay" or "Defendant"),l the personal representative of the Estate of James C. Hoffman ("Hoffman Estate") and the sole present Trustee of the Hoffman Trust. (FAC, 12.) VCI, a closed California corporation, is named as a nominal defendant. (ld. at '1 13.) b. General Allegations VCI...

Excerpt: ... party opposing the tentatve ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 21 August 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Orders On: (1) Demurrer ay Cradar.A1 LLC To The Complaint; and (2) Demurrer To Complaint By Defendants Eran Dor And Yekutiel Josefsberg. l. Statement of Facts. Plaintiff Dr. Tal Lavian ("Dr. Lavian") is an accomplished sc...

Excerpt: ...ehicle"). After Westlake failed to to discovery, the Court issued an order compelling Westlake to to request for of documents and special interrogatories and assessing $640 in sanctions against Westlake. On March 29, 2023, Westlake unilaterally filed a request for dismissal without prejudice. The dismissal was not a result of any settlement, and Ms. Rojas never communicated to Westlake that she was insolvent. Ms. Rojas, who was represented by sup...

Excerpt: ...ty at 7177 Pitlochry Drive in Gilroy in 2004 with a loan through Greenpoint Mortgage Funding. (See complaint, 9- 10.) Defendant Nationstar Mortgage LLC ("Nationstar") is the servicer of the loan and defendant NBS Default Services LLC ("NBS") is the trustee. (See complaint, 10.) In 2015, Plaintiffs' mortgage payment increased and they fell into financial hardship. (See complaint, '1 11.) Plaintiffs requested mortgage assistance and were assigned T...

Excerpt: ... arbitration of Plaintiff's individual labor code and PAGA claims, to dismiss her class claims, and to stay her representative PAGA claim. The parties agree that Plaintiff signed a Mutual Agreement to Arbitrate on March 14, 2014 ("the Agreement"). Plaintiff contends the Agreement is superseded by Plaintiff's rejection of a subsequent arbitration agreement that was presented to her some time in 2018. Plaintiff also argues the Agreement is unconsci...

Excerpt: ...havior by a senior executive as required by Samsung internal policies and was promptly fired in retaliation for this protected activity. Mo filed his Complaint on December 2, 2022, asserting (1) unlawful retaliation in violation of public policy, (2) wrongful termination in violation of public policy, and (3) discrimination and harassment. Defendant filed an answer on February 6, 2023, denying all allegations and asserting in its fifteenth affirm...

Excerpt: ...eet, 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 21 August 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motion Of Defendant Timothy Bumb to Compel the Deposition of Brian Bumb, to Provide Further Responses to Interrogatories, and to Compel Compliance with Privilege Log Agreement. l. Statement of ...

Excerpt: ...ifornia Rule of Court 3.1308, the Court issues its tentatve ruling. l. Background This action arises out of damages to the interior of a condominium unit caused by a fire sprinkler. According to the Complaint, Ms. Tham purchased real property located at 2078 Mendocino Lane in San Jose (the "Property") in 2008, at which time she became a member of the HOA (Complaint, 1, 12, 13.) On May 6, 2022, the HOA's contractor, Defendant Pacific Maintenance S...

Excerpt: ...et, San Jose. 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 21 August 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motion to Quash Deposition Subpoenas By Defendants Eran Dor and Yekutial Josefsberg. Defendants object to plaintiff's service of deposition subpoenas upon 19 separate entities. Defendants assert...

Excerpt: ...irst 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 21 August 2023. Please specify the issue to be contested when calling the Court and Counsel. moooOooom Order On Defendant GE Appliance, Inc.'s Motion To Strike Prayer for Punitive Damages From Plaintiffs' Complaint. Continued from 15 August 2023. l. Statement of Facts. On 4 May 2022, decedent Leoni...

Excerpt: ...lareh Homayounfar ("Wife") were married on August 21, 2016 in Washington D.C. (See complaint, 21.) In September 2017, they had their first child ("Child 1") and in the summer of 2018, Wife, Child 1 and Wife's mother, defendant Homa Homayounfar ("Homa") moved from Brooklyn, New York to a residence in Santa Clara that Husband was renting. (See complaint, 23-27.) In May 2021, Wife and Husband had a second child ("Child 2"). (See complaint, '1 41.) A...

Excerpt: ...C&Rs") to maintain the common areas—specifically, the swimming pool and spa—caused him injury in the form of lung disease. Hudspeth filed his original complaint on April 22, 2022. This was a form complaint alleging a single cause of action for "General Negligence" with an "Exemplary Damages Attachment" seeking punitive damages. Also attached was a copy of the Association's CC&Rs. The Association brought a motion to strike the request for puni...

Excerpt: ...ER THIS CONTRACT, IN ANY CLAIM ARISING OUT OF THIS CONTRACT OR ITS BREACH, SHALL BE SUBMITTED TO BINDING ARBITRATION UPON THE WRITTEN REQUEST OF ONE PARTY AFTER THE SERVICE OF THAT REQUEST ON THE OTHER PARTY. THE PARTIES SHALL APPOINT A RETIRED SUPERIOR COURT JUDGE LOCATED IN SANTA CLARA COUNTY TO HEREIN DETERMINE THE DISPUTE. IF THE PARTIES CANNOT AGREE, THEN THE PRESIDING JUDGE OF THE SUPERIOR COURT OF SANTA CLARA COUNTY SHALL CHOOSE A RETIRED ...

Excerpt: ...tion In this case, plaintiff Jain Family Investments, LLC ("JFI") seeks to ræover an alleged loan to defendant Pawan Agrawal ("Agrawal"). After JFI sent a demand letter to Agrawal seeking repayment, Agrawal conducted an online search for a business litigation attorney and found the Structure Law Group, LLP ("SLG"). He called SLG and to Robin Ratner about a possible response to the demand letter, and he claims that he disclosed confidential infor...

Excerpt: ...that plaintiffs' purchased. This motion is functionally identical to another moton filed by plaintiffs' counsel against GM in another case in this court (Case No. 22CV396285), except that other case involved a 2016 Chevrolet Silverado 1500, instead of a GMC Terrain. In that other case, the document requests at issue were identically numbered 37-41, and they likewise called for OBDII, vehicle symptom, vehicle component repair, customer complaint, ...

Excerpt: ...to lead to admissible evidence. The phrase "relating to" is particularly extreme in its unbounded scope. Shojaee argues that he needs these documents in order to determine the total amount of vehicle sales while he was employed by MEI, so that he can properly calculate the commissions to which he believes he is entitled. MEI counters that it has already produced documents from its "Dealer Management Software" (DMS) system, including "gross sales ...

Excerpt: ...r deposition should wait until Defendant's health has recovered. Accordingly, Defendant asks that the motion be denied, that sanctions be denied, and that Defendant be allowed "ample opportunity" to address the Second Amended Complaint (SAC). First, the Second Amended Complaint does appear on the public portal and was filed June 26, 2020. Defendant answered the SAC on July 28, 2020. Defendant does not need to time to address the SAC as she alread...

Excerpt: ...ents, and committed other wage and hour violations. Now before the Court is Plaintiffs' motion for preliminary approval of a settlement, which is unopposed. As discussed below, the Court GRANTS preliminary approval, in light of a supplemental declaration from Plaintiff's counsel that addressed certain issues identified below. BACKGROUND Plaintiff was employed by Defendant from April 2008 to October 2020 as a nonexempt employee in various position...