Excerpt: ... of the Javid Family Trust, and their adult daughter Roya Javid, filed the first amended cross-complaint (FACC) against two groups of cross -defendants: the Tashjian Defendants and the OCTC Defendants.2 Safoora Javid subsequently passed away. Ahmad contends he is Safoora's successor in interest and the sole Trustee of the Javid Family Trust.3 This is disputed because, on November 30, 2023, Roya filed a petition in the probate division of this ...

Excerpt: ...rtyards”). Plaintiff is an owner within the Courtyards. All owners within the Courtyards are members of Eagle Ridge Owners Association (“Association”) and subject to the Eagle Ridge Declaration of Covenants, Conditions and Restrictions (“CC&Rs”). The Courtyards are also subject to the Declaration of Annexation and Supplemental Restrictions for The Community of Eagle Ridge (“Supplement”). The Supplement mandates that the Association ...

Excerpt: ...heard. [Citation.] In [determining] the county (or counties) where venue is proper, the courts generally look to the main relief sought, as determined from the complaint as it stands at the time of the motion for change of venue. [Citation.]” (K.R.L. Partnership v. Superior Cou rt (2004) 120 Cal.App.4th 490, 496- 497.) “‘It is a long established rule that a motion for change of venue must satisfy two requirements: (1) It must be shown the a...

Excerpt: ...e Order No. 4 -2001); (2) Failure to Provide Mandated Meal Periods (Violation of Labor Code Sections 226.7 & 512 and Wage Order No. 4- 2001); (3) Failure to Provide Mandated Rest Periods (Violation of Labor Code Section 226.7 and Wage Order No. 4 -2001); (4) Failure to Provide Item ized Wage Statements (Violation of Labor Code Sections 226 & 226.3 and Wage Order No. 7 -2001); (5) Failure to Pay Wages Upon Termination (Violation of Labor Code Sect...

Excerpt: ... and Pla intiffs surrendering the vehicle. The parties could not agree on an amount of reasonable fees and costs, thus this motion followed. II. Legal Standard An attorneys' fee award to the prevailing party is mandatory under the Song -Beverly act: “If the buye r prevails in an action under this section, the buyer shall be allowed the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including ...

Excerpt: ...iff entered a n investment advisory agreement with Clarity Wealth Advisors, LLC (“Clarity”) through its agent and owner Mr. Dalal. (FAC ¶ 20.) Pursuant to the agreement, Clarity agreed to provide investment advice to Plaintiff. (FAC ¶¶ 21 -22.) At all times relevant, Def endant Dalal was also a member of Casa Blanca Investments, LLC (“Casa Blanca”) and its agent. (FAC ¶ 41.) In October 2018, Mr. Dalal advised Plaintiff to invest in Ca...

Excerpt: ...mpliant wage statem ents, and committed other wage and hour violations. Before the Court is Plaintiff's motion for final approval of settlement, which is unopposed. As discussed below, the Court GRANTS Plaintiff's motion. VIII. BACKGROUND Plaintiff was employed by Defendant from May 2018 to November 2018 as an hourly, non- exempt employee. (First Amended Class Action Complaint (“FAC”), ¶ 23.) According to Plaintiff, Defendant failed to pay ...

Excerpt: ...d minimum wages, failed to provide meal and rest periods or pay associated premiums, and failed to provide code -complaint wage statements, among other Labor Code violations. Before the Court is Plaintiff's motion for preliminary approval of settlement, which is unopposed. As discussed below, the Court GRANTS Plaintiff's motion. XIV. BACKGROUND According to the allegations of the operative class action complaint (“Class Complaint”), Plaintiff...

Excerpt: ...val of set tlement, which is unopposed. Subject to the changes to the notice discussed below, the Court GRANTS Plaintiff's motion for preliminary approval. I. BACKGROUND A. Factual According to the allegations of the operative complaint (“Complaint”), Plaintiff was employed by Defendant, who provides childhood care and education, from approximately October 2014 through May 2018 as a Substitute Teacher, an hourly- paid, non-exempt position. (C...

Excerpt: ... of these motions. The court's limited understanding as to the individual defendants, based on the parties' papers (which barely differentiate between the defendants), is as follows: (1) Tessier -Lavigne was the President of Stanford at the time of Katie Meyer's suicide —he is no longer President but is still employed by Stanford; (2) Brubaker -Cole is the Vice Provost for Student Affairs; (3) Zumwalt is the General Counsel; (4) Caldera is the ...

Excerpt: ...n November 2, 2023, finding that Northrup failed to provide wage statements that complied with Labor Code Section 226 (“Section 226”) by (1) using two -separate wage -related documents to provide all legally -required information instead of one, (2) not listing the correct employ er name and (3) not permitting a reasonable employee to use simple math to calculate total hours worked when overtime hours were listed on the pay statement. The Co...

Excerpt: ... (1) Violation of 15 U.S.C. §§ 1681b(b)(2)(A) (Fair Credit Reporting Act); (2) Violation of 15 U.S.C. §§ 1681d(a)(1) and 1681g(c) (Fair Credit Reporting Act); (3) Violation of California Civil Code § 1786 et seq. (Investigative Consumer Reporting Agencies Act); (4) Violation o f California Civil Code § 1785 et seq. (Consumer Credit Reporting Agencies Act); (5) Failure to Provide Meal Periods (Lab. Code §§ 204, 223, 226.7, 512 and 1198); (...

Excerpt: ...sets forth the following causes of action: (1) Failure to Pay Minimum Wages; (2) Failure to Pay Overtime Wages; (3) Failure to Provide Meal Periods; (4) Failure to Permit Rest Breaks; (5) Failure to Reimburse Business Expenses; (6) Failure to Provide Accurate Itemized Wage State ments; (7) Failure to Pay Wages Timely During Employment; (8) Failure to Pay All Wages Due Upon Separation of Employment (9) Violation of Business and Professions Code §...

Excerpt: ...; and (2) David Hernandez v. Burdick Painting (Santa Clara County Superior Court, Case No. 20CV366446) (“Second Action”). Both cases are putative class actions arising out of alleged wage and hour violations. The Class Action Complaint filed in the First Action on Febr uary 21, 2020, sets forth the following causes of action: (1) Failure to Pay All Wages; (2) Failure to Pay Reporting Time Pay in Violation of California Labor Code §§ 218, 1...

Excerpt: ...4401) (“F irst Action”); and (2) Kenneth Nguyen v. Port Plastics, Inc. (Santa Clara County Superior Court, Case No. 22CV394403) (“Second Action”). The Representative Action Complaint filed in the First Action on February 15, 2022, set forth a single cause of action for Civil Penalties Pursuant to Labor Code §§ 2699, et seq. (“PAGA”) based on underlying wage and hour violations. The Class Action Complaint filed in the Second Action...

Excerpt: ...nder Labor Code §§ 26 98 et seq. (“PAGA”). On November 30, 2022, the court entered an Order Deeming Case Complex and Staying Discovery and Responsive Pleading Deadline. On December 5, 2022, Plaintiff filed a Proof of Service of Summons, stating that the summons and complaint was served on Defendant's registered agent on December 2, 2022. The minute order from a Case Management Conference on April 19, 2023, states that the court lifts the s...

Excerpt: ...tion.” (See also Department of Forestry & Fire Protection v. Howell (2017) 18 Cal.App.5th 154.) There are four types of terminating sanctions: (1) striking pleadings in whole or in part; (2) staying further proceedings by a party until it obeys a discovery order; (3) dismissing the action or part of it; and (4) rendering a default judgment. (Code of Civ. Pro. §2023.030(d).) An issue sanction either orders that designated facts be taken as esta...

Excerpt: ...t a single cause of action for intentional tort – defamation.2 Zhan alleges that Tang intentionally and maliciously mistranslated Zhan's emails from Chinese to English as part of the evidence submitted to the Santa Cruz court in the civil harassment case. According to Zh an, she notified Tang about these alleged mistranslations and thereafter sent a cease -and -desist letter to Tang. Zhan never received a response from Tang. Zhan then filed t...

Excerpt: ...ttachment alleges that “Pomogaibo has to sent [sic] order for publication, summons, and credit card details to newspaper. Newspaper has to publish summons 4 weeks and charge $400 for it. Newspaper refused to comply with court order based on conversation with attorney Ekate rina Berman, who said to newspaper three false datums – she represented his client Yevgeniy Babichev, [I]'m [vexatious] litigant, [I] have not received permission from pres...

Excerpt: ...undivided one - eighth tenant -in -common interest in the Cupertino Property, and Irina is owner of an undivided three - eighths interest in the Cupertino Property. (Id. at ¶¶3 -4.) Bernard is the father of Owen, the father -in - law of Irina, a trustee of the Bernard Buckvar Revocable Trust dat ed October 24, 2014 (the “Trust”), and the owner of undivided one -half interest in the Cupertino Property. (Id. at ¶5.) On 2 December 2014, Berna...

Excerpt: ...zemipour lied about investment opportunities, which caused Plaintiff to invest money with him that Kazemipour spent on unauthorized personal expenses and travel. (FAC, ¶ 21.) With the assistance of defendant Troy Foster, Kazemipour defrauded Plaintiff out of approxima tely $750,638. (Ibid.) On information and belief, Tirgari alleges from 2019 to 2021, Kazemipour used funds from their joint investment account for his own personal benefit and the...

Excerpt: ... victims and killed two others. Grace Solutions provides emergency shelter for the unhoused throughout San Jose, CA. (RSSUF Nos. 1 & 2) In 2021, Grace Solutions entered into an agreement with Defendant GRACE BAPTIST CHURCH to utilize their space for Grace Solutions' emer gency shelter for the unhoused. (RSSUF No. 3) At the time of the incident, Grace Solutions had seven employees, including Mr. Chelley, and a number of volunteers working at the p...

Excerpt: ...S OF SHANNON AND ELIZABETH CRAWFORD Factual and Procedural Background Soukoulis FAC Plaintiff Richard D. Soukoulis (“Soukoulis”) is the owner of residential real property commonly known as 21296 Cinnabar Hills Road in San Jose (“Soukoulis Property”). (First Amended Com plaint (“FAC”), ¶1.) Defendants Diana Avila Southern and Richard Southern (collectively, “Southerns”) are owners of residential real property commonly known as 212...

Excerpt: ...ehavior by a s enior 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. Samsung filed an answer on February 6, 2023, denying all allegations and asserting in its fifteenth af...

Excerpt: ...9, Plaintiffs purchased real property located at 710 North Winchester Boulevard in Santa Clara (the “Property”). (TAC, ¶ 1.) Samantha Landon was the Sellers' real estate agent and Excel was the real estate broker for the Sellers. (TAC, ¶ ¶ 4, 5.) Walter E. Mc Guire Real Estate was the real estate broker. (TAC, ¶ 6.) Morgan Ann Amos Manos was Plaintiffs' real estate agent on the Property under the brokerage of McGuire. (TAC, ¶ 7.) On Apri...

Excerpt: .... Plaintiff Eftychios Theodorakis alleges that he was employed by Defendant Dfinity as a software engineer in August 2018. (Complaint, ¶11.) Dfinity is a wholly owned subsidiary of Dfinity Stiftung, a not -for - profit foundation with its principal place of business in Zurich, Switzerland (“Dfinity Foundation”). (Complaint, ¶¶2, 3, 11.) Dfinity is a decentralized network design whose tokens are a form of digital currently similar to ...

Excerpt: ...partan sought damages i n the amount of $31,945.19 plus finance charges and interest and attorney's fees of $2,058.00. (See 4AC, first cause of action, ¶¶ BC -2 -6.) Defendant Annie Kim Le, aka Annie Le, aka Annie K. Le, Anniel A. Le, aka Anh Le, aka Kim Le, aka, Kim A. Le, aka A nnie Le Anna, aka K. Le Anna, aka K. Leannie, aka K. L. Leannie dba American Gas & Oil Corporation and dba Philip, LLC (“Le”) personally guaranteed and promised ...

Excerpt: ...osts of $1,5660.40 for a total of $121,272.90. Nguyen is the “prevailing defendant under CCP section 425.16(c), which mandates that “a prevailing defendant on a special motion to strike shall be entitled to recover his or her attorney's fees and costs.” (CCP § 425.16(c).) On November 8, 2023, the Court issued an order granting Nguyen's anti -SLAPP motion with respect to six of the seven counts contained in Plaintiff's First Amended Complai...

Excerpt: ...ollectively, “Defendants”). Dr. Kethineni is a medical doctor with a specialization in infectious diseases who practices at San Joquin General Hospital. (Complaint at ¶ 2.) In December 2010, non- party Neelinfo, Inc. (“Neelinfo”), a California c orporation, entered into a commercial agreement (“Agreement”) with defendant Techorbit, a Texas corporation. (Complaint at ¶ 3.) On June 13, 2012, Techorbit filed an action against Dr. Keth...

Excerpt: ...d SAC, Plaintiff had a duty to “competently” advise City Entities and to defend them in “numerous lawsuits” involving the City Entities' ownership of the “San Francisco 49ers football team.” (Id. at ¶ 3.) From approximately February 2017 to December 2017, Plaintiff became the “Interim City Attorney” for the Defendant, in a “part time capacity.” (Id. at ¶ 4.) From December 19, 2017, until his termination on September 2, 2021,...

Excerpt: ...c. (collectively, “Defendants”). According to the first amended complaint (“FAC”), the subject of this action concerns certain real property located at 3962 Ross Avenue in San Jose, California (“Property”). (FAC at ¶ 1.) The Mathew Wang Li ving Trust Dated May 5, 2021 (“Trust”) was and is the co -owner of the Property. (FAC at ¶ 2.) Plaintiff and his late wife, Betty Wang (“Betty”1), were cotrustees of the Trust. (Ibid.) Up...

Excerpt: ...er Labor Code vio lations. Before the Court is Plaintiff's motion for approval of PAGA settlement, which is unopposed. As discussed below, the Court GRANTS Plaintiff's motion. VII. BACKGROUND According to the allegations of the operative First Amended Complaint, Plaintiff was employed by Defendants as a non -exempt employee from January 1, 2017, through March 25, 2021. Defendant Lite -On Inc. is engaged in the research, development, sale and dist...

Excerpt: ...laintiff's motion. I. BACKGROUND As alleged in the operative complaint, Plaintiff worked for Defendant as an RN Case Manager from November 13, 2020 to June 28, 2021. (Second Amended Class Action Complaint for Damages (“SAC”), ¶ 6.) Plaintiff alleges that Defendant f ailed to provide her and other employees with accurate itemized wage statements and failed to pay meal and rest break premiums at the regular rate of pay. (Id., ¶ 18.) Specific...

Excerpt: ...s. (Complaint, ¶ 1.) O n March 5, 2015, Royal Coach and Miletak entered into an employment agreement in which Miletak agreed to participate in Royal Coach's Student Driver Trainee Program. (Id. at ¶ 5.) Under the program, Royal Coach would pay Student Driver Trainees to attend classroom instruction, enabling them then to apply for a commercial driver's license. (Ibid.) Upon completion of the program, Royal Coach had the option to hire trainees ...

Excerpt: ... (“UPI”). (Complaint, ¶¶ 4 -5.) Cheng, a licensed accountant, provided accounting services to the brothers and to UPI. (Id. at ¶¶ 2 -3, 6, 9, 14 & 19.) In 1991, UPI established a Money Purchase Pension Plan (“Plan 1”) and a Profit Sharing Plan (“Plan 2”). (Complaint, ¶ 10.) S cott made contributions and payments to Plan 1 and Plan 2. (Id. at ¶ 12.) In addition, UPI was required to make annual contributions to Plan 1 for Scott. ...

Excerpt: ...n May 3, 2023, plaintiff s Lingsen and Hang Chun Leung (collectively, “Plaintiffs”) filed the FAC against defendants Welcome Market and Welcome Market's owner, Tawa Supermarket, Inc. (“Tawa”) (collectively, “Defendants”) asserting causes of action for: 1) Premises liability; 2) Negligence; and, 3) Loss of consortium. Defendants move for summary judgment, or, in the alterative, for summary adjudication of each cause of action, on the ...

Excerpt: .... App. 4th 1272, 1283 (citations omitted).) “The petitioner bears the burden of proving the existence of a valid arbitration agreement by a preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. [Citation.] In these summary proceedings, the trial court sits as a trier of fact, weighing all the affidavits, declarations, and other documenta...

Excerpt: ...periods or pay associated premiums, failure to provide code -compliant wage statements, and other Labor Code violations. Before the Court is Defendants' motion to (1) compel arbitration of Plaintiffs' individual PAGA claims and (2) stay the representative PAGA claim pending resolution of the arbitration, which is opposed by Plaintiffs. As discussed below, the Court GRANTS Defendants' motion to compel arbitration of Plaintiffs' individual PAGA cla...

Excerpt: ...egligent repai r, and fraud by concealment. Plaintiffs now seek an order compelling Ford to produce documents relating to (1) the subject Vehicle (RFP Nos. 1, 3, 12, 15); (2) internal Knowledge and investigation Discovery (RFP Nos. 17, 19, 31, 36, and 39); (3) documents concerning summaries and memos regarding transmission defects (RFP Nos. 43, 45, and 46); (4) documents concerning buyback policies and procedures (RFP Nos. 56, 57, 58, 68, 69, and...

Excerpt: ... complaint wage statem ents, among other Labor Code violations. Before the Court is Plaintiffs' motion for preliminary approval of settlement, which is unopposed. As discussed below, if satisfactory clarification is provided concerning whether the notice will be provided in lan guages other than English, the Court will GRANT the motion. XIII. BACKGROUND According to the allegations of the operative Third Amended Complaint (“TAC”), Plaintiffs...

Excerpt: ...ivil Penalties for Violations of California Labor Code, Pursuant to PAGA, §§ 2698, et seq. (“PAGA”). The parties reached a settlement of the PAGA claim. Plaintiff moved for approval of the PAGA settlement. The motion was unopposed. On February 7, 2024, the court continu ed the motion for approval of the PAGA settlement to March 13, 2024. The court explained that it had multiple concerns regarding the fairness of the settlement. First, the l...

Excerpt: ...n February 18, 2020, sets forth the following causes of action: (1) Failure to Pay All Hours Worked; (2) Failure to Pay All Overtime Hours; (3) Meal Period Violations; (4) Rest Period Violations; (5) Failure to Reimburse Business Expenses; (6) Wage Statement Violations; (7) Waiting Time Penalties; (8) Private Attorney General Act; and (9) Unfair Competition in Violation of Cal. Business and Professions Code § 17200, et seq. On April 22, 2022, Pl...

Excerpt: ..., 2022, sets f orth the following causes of action: (1) Willful Misclassification of Employees as Independent Contractors; (2) Failure to Provide Required Meal Periods; (3) Failure to Provide Required Rest Breaks; (4) Failure to Pay Overtime Wages; (5) Failure to Pay Min imum Wages; (6) Failure to Pay Timely Wages; (7) Failure to Pay All Wages Due to Discharged and Quitting Employees; (8) Failure to Maintain Required Records; (9) Failure to Furn...

Excerpt: ... Under the Pri vate Attorneys General Act (“PAGA”). Plaintiff alleges that defendant Facility Masters, Inc. (“Defendant”) had an unlawful rounding policy, failed to compensate employees for “off the clock” time, failed to compensate employees when they worked through me al periods, failed to accurately calculate employees' regular rate of pay, failed to provide employees with accurate and complete itemized wage statements, failed to k...

Excerpt: ...license Old DivX's codec software. (Complaint, ¶ 1.) In 2013, Plaintiff and Old DivX allegedly amended the contract so Plaintiff could purchase a perpetual license to the Old DivX decoder software. (Id. at ¶ 2.) Plaintiff subsequently paid the perpetual license fee. (I bid.) Plaintiff alleges that it continued using, and reporting its use of, the perpetually licensed Old DivX software for the next eight years without any issues or disputes. (Co...

Excerpt: ...opposes the motion. Because the court sees little to no utility in a four -month stay, and because Timothy does not demonstrate any valid basis for a stay, the court DENIES the motion. Timothy contends that this case was commenced improperly by his brother, Brian Bumb (“Brian”), in Bria n's capacity as manager of S.J. Bayshore, and that the First Street case will establish this fact by granting Timothy a declaratory judgment that Brian unlawf...

Excerpt: ...ion”]; Stepan v. Garcia (1974) 43 Cal.App.3d 497, 500 [the court may take judicial notice of its own file].) Accordingly, the court takes judicial notice of its own file in this matter. Plaintiff's moving papers filed 10/10/2023 and on 2/1/2024 show her address is: 2694 GLEN DOON CT, SAN JOSE, CA 95148. Here, the proof of service filed 6/29/2022 shows that Defendant was served by substitute service. It states that the summons and complaint ...

Excerpt: ...d and wa s responsible for maintaining the roadway and contracted with Defendant MasTec North America, Inc. (“MasTec”) to dig and/or maintain trenches or tunnels for electrical components near where Plaintiff's accident occurred. (Complaint, ¶¶10 -11.) According t o Plaintiff, MasTec contracted with Smart Communications Systems, LLC (“SCS”) to assist and oversee the construction, including resurfacing the roadway at the accident locatio...

Excerpt: ...der”) alleges on February 10, 2022, Lender's predecessors -in -interest entered into a loan agreement (the “Loan”) for up to $3,262,500.00. (Complaint, ¶ 7.) The borrower executed a secured note (the “Note”) in which they agreed to pay the original lender the principa l amount of $3,262,500.00 plus interest, costs, and attorneys' fees. (Complaint, ¶ 8.) To secure payment under the Loan and Note, the borrower pledged to the original le...

Excerpt: ... 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 11 March 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Ord er on Motion of Defendant JPMorgan Chase Bank, N.A. to Compel Plaintiff to Respond to Discovery Requests, and Request for Monetary Sanctions. I. Statement of Facts. Plaintiff filed this complaint on ...