Excerpt: ...ide IJI design services for his project, which would later become known as Zoom. (FAC, '1 18.) The emails designated Yu as a "UI consultant" and his job was to provide his professional opinions and make recommendations for improving the product's IJI (the "Product Development Services"). (FAC, '1 20.) The emails also indicated that Yuan promised Yu a Stock-for-Product Development Services arrangement (the "Agreement"), which provided that Yuan wo...

Excerpt: ...re to provde paid sick leave in violation of Labor Code 5246, (5) failure to provide accurate wage statements in violation of labor Code 5226(a), (6) failure to pay wages upon termination in violation of labor Code #201 and 202, (7) failure to reimburse business expenses in violation of Labor Code 52802, (8) conversion, and (9) violation of Business & professions Code 517200. These allegations were originally brought against Defendants, AJ's Rest...

Excerpt: ... residents of China, married in China in 2010 and began divorce proceedings in the country in 2019. (AC, "1 1, 2, 7, 8.) These proceedings concluded in 2021. (ld., 8.) Plaintiff alleges that Mr. Tuo "refused to divide and distribute the parties' [marital] properties located in the United States," which includes properties and assets in California, during divorce proceedings in China, and in doing so breached implied covenants between the parties ...

Excerpt: ...threatening statements Defendant made to him after each assault. Plaintiff sought counseling over the years but has only recently realized how deeply the negative effects of these events have impacted him. Plaintiffs AC is detailed, revealing, and closes this way: My goal here is to find closure, compensation, for this to be a lesson for any victims out there that it is 0k to talk about it and they are due justice despite the time period since it...

Excerpt: ..."FCRA") and violations of wage and hour laws. The Class Action Complaint, filed on July 27, 2020, sets forth causes of action for: (1) Violation of 15 U.S.C. SS 1681b(b)(2)(A) (FCRA); (2) Failure to Provide Meal Periods (Lab. Code SS 204, 223, 226.7, 512 and 1198); (3) Failure to Provide Rest Periods (Lab. code SS 204, 223, 226.7 and 1198); (4) Failure to Pay Hourly wages (Lab. code 223, 510, 1194, 1194.2, 1197, 1997.1 and 1198); (5) Failure to P...

Excerpt: ...laint, filed by plaintiff Akimasia Walker ("Plaintiff") on January 20, 2023, sets forth a single cause of action for violation based on allegations that Defendant failed to timely pay wages, provde legally compliant meal and rest periods, pay wages during employment, reimburse necessary business expenses, pay wages due upon separation of employment, pay waiting tme penalties, furnish accurate wage statements, and maintain accurate records. Now be...

Excerpt: ...orth causes of achon for: (1) Violation of 15 U.S.C. SS (FCRA); and (2) Violation of 15 U.S.C. SS and 1681g(c) (FCRA). On November 18, 2020, the court issued its Order Deeming Case Complex and Staying Discovery and Responsive Pleading Deadline, which stayed all discovery in this case. On June 4, 2021, Plaintiff filed the operative First Amended Complaint, which sets forth causes of action for: (1) Violation of 15 U.S.C. (FCRA); and (2) Violation ...

Excerpt: ..."Bridges l" I—against defendants Premier Nissan of San Jose, LLC ("Premier Nissan SJ") and Troy Duhon ("Duhon") (collectively, "Defendants"). According to the allegations of Plaintiff's individual complaint, Defendants failed to provide Plaintiff all meal periods to which they were entitled, pay meal period premiums, provide employees all rest periods to which they were entitled, pay rest period premiums, pay minimum wages for all hours worked,...

Excerpt: ...tive pleading and alleges that Kim and Lee were in a committed relationship from 1991 to 1997. (FAC, 8-9.) In 1997, Kim and Lee separated but reconciled in November 1999. (ld. at '1 11.) Lee moved in with Kim in November 1999, and Lee's minor children from a separate relationship moved in as their primary residence the following year. (ld. at 11-12.) On August 18, 2006, Kim and Lee held a wedding ceremony in Hawaii but did not file a marriage cer...

Excerpt: ...out of the alleged sexual abuse suffered by Plaintiff while she was a student at Evergreen Commun-ty College ("Evergreen"). According to the Complaint, in fall 2012, Plaintiff, who was sixteen years old at that time and participating in a cooperative program between ESUHSD and the College District, began taking a general psychology course at Evergreen taught by defendant Brad Carothers. (Complaint, "1 15, 18.) Carothers began paying special atten...

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 14 August 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motion of Plaintiff Jinju Zhang To Compel Defendants Benlin Yuan and Hong Lin To Provide Further Responses To Request For Production Set 1, Nos. 22 and 26 and Set 2, Nos. 34, 35, 37, 39, and 41 and Request ...

Excerpt: ...ff's Motion to Set Aside the Dismissal This case will be five years old in tweve days. It was originally calendared for a trial setting conference over a year ago, on July 12, 2022, at which plaintiff's counsel failed to ap#ar. The matter was then set for an order to show cause hearing regarding that failure to appear on December 1, 2022. Plaintiff's counsel failed to appear again, and the court (Judge Kirwan) dismissed the case without prejudice...

Excerpt: ...4.) SSH makes several additional representations on its website, including: that residential clients will live on-site and will be supervised 24 hours a day, 7 days a week; clients will be paired with a certified counselor; and that in addition to an individualized treatment plan, counselors and clients will work together to identify a discharge plan that supports long term recovery. (ld. at "15-17.) Many of SSH's potential clients and clients, i...

Excerpt: ...EHA"); (2) Failure to Prevent and Correct Discrimination and Harassment in violation of FEHA; (3) Retaliation in violation of FEHA; (4) Retaliation in violation of California Labor Code section 1102.5; (5) harassment in violation of FEHA; (6) slander; and (7) libel. On April 13, 2020, Plaintiff filed a First Amended Complaint which added information to her prayer for relief. After over four years of litigation, pursuant to stipulation submitted o...

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 14 August 2023. Please specify the issue to be contested when calling the Court and Counsel. moooOoch3m Order On Defendant GE Appliance, Inc.'s Motion To Strike Prayer for Punitve Damages From Plaintiffs' Complaint. I. Statement of Facts. On 4 May 2022, decedent Leonid Samoylovich aka Joseph Dukhov...

Excerpt: ...cuments estimating 104 aggrieved employees and 1074 payroll #riods (8/30/2020 — 6/17/22) to be at issue. No formal discovery was conducted and subsequently, the Parties entered into a Joint PAGA Settlement Agreement that was approved on March 3, 2023. Pursuant to the agreement, Defendant was required to pay a Gross Settlement Amount of $95,cm.W, one-third of which was allocated for Counsel Fees. Given that the Partes were uncertain about the ex...

Excerpt: ... filed in federal court. Plaintiff opposes the motion. After reviewing the record, the Court makes the following order: 1. "Where a plaintiff brings suit in California, the potential applicability of a contractual forum selection clause is raised by the defendant through a motion to dismiss on grounds of forum non conveniens." (Bushansky v. Soon-Shiong (2018) 23 Cal.App.5th 1000, 1005.) That is what Defendant has done. "California favors contract...

Excerpt: ... name "Findora." In Case No. 2KV372622 ("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 busin...

Excerpt: ...lations. Before the Court is Defendants' motion to compel arbitration of Plaintiffs individual PAGA claim and to stay this action pending resolution of the arbitration. Plaintiff opposes the motion, arguing the arbitration agreement names the wrong employer and that the Federal Arbitration Act does not apply to the agreement. For the reasons discussed below, the Court GRANTS Defendant's motion. l. BACKGROUND As alleged in the operative complaint,...

Excerpt: ...r on August 27, 2021. He filed the operative first amended complaint ("FAC") on October 18, 2022. The FAC states three causes of action: (1) Breach of Contract (in reliance on Corporations Code secton 16801(3)); (2) Dissolution (pursuant to Corporations Code section and (C)); and (3) Accounting (pursuant to Corporations Code section 16403). Defendants filed an answer ("General Denial") to the FAC on November 9, 2022. Currently before the court is...

Excerpt: ...se' working with defendant David Howard Lichtenger ("Lichtenger") in April 2011. (Complaint, 13.) Weisel managed CA Residential Opportunity Fund LP ("CROF l"), a real estate investment fund, and was working to establish CA Residential Opportunity Fund II LP ("CROF II"), another such fund. (Ibid.) In Spring 2011, Weisel became a second "Manager" for Integrity Homes, LLC, a company founded by Lichtenger in (Ibid.) Weisel and Lichtenger subsequently...

Excerpt: ...rty opposing the tentatve ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 9 August 2023. Please specify the issue to be contested when calling the court and counsel. ORDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT I. Statement of Facts. On or about 2 March 2020, plaintiff Michelle Lozada ("Lozada"), having entered for the purpose of visiting an inpatient, was an invitee at O'Connor Hospital ("Hospit...

Excerpt: ...f a settlement, which is unopposed. As discussed below, the Court is inclined to grant preliminary approval, butthe Court requests that, at the hearing on this matter, class counsel inform the Court regarding why the notice will not be translated into languages other than English. Additionally, the Court requests that certain changes be made to the notice. BACKGROUND Plaintiff was employed by Defendant as an hourly, non-exempt employee. (First Am...

Excerpt: ...sued noncompliant wage statements, 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 is inclined to grant preliminary approval, but the Court requests a supplemental declaration from Plaintiff's counsel regarding certain issues identified below. Additionally, the Court requests that certain changes be made to the noti...

Excerpt: ...committed other wage and hour violations. Now before the Court is Plaintiffs' motion for preliminary approval of a settlement, which is As discussed below, the Court will grant preliminary approval but requests that class counsel make certain minor modifications to the class notice. BACKGROUND Plaintiffs Walker and Peete began employment with Defendant in September 2019 and ended their employment in April 2022. (First Amended Class Acton Complain...