Excerpt: ... damages and $193,315.36 in prejudgment interest against Sun. Judgment creditors are lessees and Cherry Blossom is the lessor of property at 2828 Monterey Road in San Jose in which Cherry Blossom is to receive month in "base rent" through July 31, 2025 and with an option through July 31, 2030. Additionally, section 4.1 of the lease defines "rent" as "[a]ll monetary obligations of Lessee under the terms of this Lease (except for the Security Depos...

Excerpt: ...ds of products from Defendant in an amount exceeding $10,000,000 between September 2017 and September 2018. (Second Amended Complaint ("SAC"), 4-15.) The products included the Fortinet FortiGate models FG-201E, FG-500E, FG- 6000, FG-1500D, FG-3200D, and FG-3960E; Fortinet FortiSwitch models FSW-248D, FSW-248D-FPOE, FSW- 248E-FPOE, FSW-448D, FSW-448D-FPOE, and FSW1024D; and network management software including FortiManager, FortiAnalyzer, and For...

Excerpt: ...s forth causes of action for: (1) Failure to Pay All Minimum Wages; (2) Failure to Pay All Overtime Wages; (3) Meal Period Violations; (4) Rest Period Violations; (5) Wage Statement Violations; (6) Failure to Timely Pay Wages During Employment and Upon Termination; (7) Unfair Competition; and (8) PAGA Penalties. The parties have reached a settlement. Plaintiff Anicia Cisneros ("Plaintiff") now moves for preliminary approval of the settlement. The...

Excerpt: ...forth the following causes of achon: (1) Meal and Rest Break Violations (Labor Code SS 200, 226.7, and 512, and 12 C.C.R. S 11040; (2) Failure to Pay Minimum Wage and Overtme (Welfare Commission Orders and Labor Code SS 510 and 1194); (3) Failure to Provide Proper Wage Statements and Maintain Accurate Records (Labor Code SS 226 and 1174); (4) Unfair Business Practices (Business and Professions Code S 17200, et seq.); (5) Failure to Pay Wages at t...

Excerpt: ...s") agreed that KFEI would serve as a nonexclusive distributor of Cypress products to Japanese companies and their affiliates. On November 25, 2019, KFEI filed a complaint against Cypress, alleging claims for: (1) Breach of Contract; and (2) Breach of the Covenant of Good Faith and Fair Dealing. On September 10, 2021, KFEI filed a First Amended Complaint against Cypress, which set forth the following causes of action: (1) Breach of Contract; and ...

Excerpt: ... motion for summary judgment. I. Factual and Procedural Background According to allegations of the Complaint, Plaintiff began working as an office manager for Defendants in August 2015. (Complaint at p. 1:25.) Plaintiff performed administrative tasks and other duties, including editing vocational evaluation reports. (ld. at p. 2:4-5.) Simon and others provided Plaintiff with letters of recommendation supporting her endeawrs to enter the industry ...

Excerpt: ...pute. According to the allegations of the Complaint, Plaintiffs are joint owners of a duplex located at 2171 and 2173 Pacina Drive in San Jose (the "Property"). (Complaint 1.) Plaintiffs live in 2173 Pacina Drive and Vargas lives in 2171 Pacina Drive. (Complaint, 3, 4.) Mendoza is Vargas' former spouse. (Complaint, '12.) In September 2006, Plaintiffs, along with Vargas and Mendoza, purchased the Property together. (Complaint, 5.) Plaintiffs did n...

Excerpt: ...lic Health Department's public health order, dated December 28, 2021, requiring public employees in "Higher-Risk Settings" to receive COVID-19 vaccines and any available boostersl in order to continue working. Plaintiffs do not dispute that they fall within the category of public workers in "Higher-Risk Settings." A. The Original Complaint Plaintiffs filed their original complaint on May 27, 2022, stating two causes of acton: (1) Violation of the...

Excerpt: ...tentatve ruling as follows: l. Background A. Factual This is an action by the County of Santa Clara (the "County") to abate dangerous conditions on real property located at 4140 Canada Road in Gilroy (the "Property"). According to the allegations of the Complaint, the Property consists of 40 acres of agricultural land and contains numerous decommissioned or dilapidated agricultural buildings dating to its past use as a chicken farm. (Complaint, 1...

Excerpt: ... was dismissed on December 27, 2022, after the parties executed a settlement agreement ("Agreement") on July 29, 2022. Plaintiffs filed the complaint in this action on January 17, 2023. It states three causes of action, all based on the Agreement: (1) Breach of Contract; (2) Breach of the Implied Covenant of Good Faith and Fair Dealing; and (3) Restitution (alleging that Defendants have "unfairly benefited" and been "unjustly enriched" as a resul...

Excerpt: ... negligence, after the procedure, he sustained a serious fall with loss of consciousness and physical injury while still on the premises. (Ibid.) Pourshams initiated this action on February 5, 2021, with the filing of the Complaint, for personal injury. On February 16, 2021, he filed the FAC, which asserts a claim for general negligence. On March 24, 2023, El Camino filed the instant motion. On July 25, 2023, Pourshams filed his opposition. on Au...

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 02 August 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order On Motion Of Plaintiffs For Summary Judgment Or In The Alternative Summary Adjudication Of Issues. l. Statement of Facts. Plaintiffs Shirley L. Long, Ding GWO Long, Kan T. üJng, and Charlben Long (collectively, "...

Excerpt: ...ecember 16, 2022 opinion reversing the judgment in this case, including its instructions on remand, this court agrees with plaintiffs. Accordingly, the court DENIES the motion to compel and GRANTS the motion for protective order. GBR's motion and its opposition to plaintiffs' motion are premised on the notion that because the Court of Appeal did not explicitly direct an entry of judgment of liability in fawr of plaintffs after the retrial that it...

Excerpt: ...case back to "limited," and an order vacating the grant of the anti-SLAPP motion. Plaintiff Midland Credit Management, Inc. ("MCM") now brings four motions to compel further discovery responses from defendant/cross- complainant Merciditas Vergonio ("Vergonio"), all filed on the same date. For the most part, these motions and their four supporting memoranda are nearly identical, with the majority of the text in each document simply cut and paste f...

Excerpt: ...Street Offices, LLC ("40MSO") (collectively, "the Sorensens" or "Defendants"). According to the complaint, in 2007, the Sorensens raised $2,840,000 to purchase commercial property for redevelopment located at 40 Main Street in Los Altos, California, upon which a one-story office building stood. (Complaint at 9.) At the time, Packard was serving on the Los Altos City Council. (Ibid.) The Sorensens prepared and used an investment prospectus that ma...

Excerpt: ... failed to provide accurate itemized wage statements, in addition to other wage and hour violations. As a result of these violations, the First Amended Complaint includes causes of action for: (1) failure to pay minimum wage; (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 statements; (7) failure to...

Excerpt: ...tiff to introduce evidence that the costs were reasonable and necessary." (Reply at p. 1:4-27.) This argument is based on a clear misreading of the case law. In the context of a memorandum of costs, a moving party makes a "proper" objection only if the items appearing in the memorandum do not appear to be allowable charges under Code of Civil Procedure section 1033.5 on their face. (See Hooked Media Group, Inc. v. Apple Inc. (2020) 55 Cal.App.5th...

Excerpt: ...rrero authorized treatment for the cat, was informed of the cat's medical condition, and ultimately elected not to pursue further treatment. (Ibid.) After her cat passed away, Guerrero began posting negative comments about Arch Vet on social media (Twitter). (ld. at 7.) Guerrero also published a review on Yelp, the online review platform: Rating this place when I wish I could just say what I need to say. It doesn't deserve a single star. The owne...

Excerpt: ...is is an action for various violations of the California Labor Code. On January 20, 2021, plaintff Nieto filed a representative action in Santa Cruz Superior Court (the "Nieto Action") pursuant to the Private Attorney General Act ("PAGA") against Cellco. He alleged Cellco violated various Labor Code provisions relating to the alleged failure to provide overtime pay, minimum wage, meal and rest breaks, accurate pay stubs, and business reimbursemen...

Excerpt: ...compel arbitration of the individual claims in this action and stay Plaintiff's representative PAGA claim pending the outcome of his individual claim pursuant to Code of Civil Procedure section 1281.4. 4 Alternatively, Defendants move to stay this entre action pending completion of Plaintiff's earlier-filed class action titled Ramon Aguila v. Becton and Dickinson, et U.S. District Court for the Northern District of California, Case No. 22-cv-0657...

Excerpt: ...6, from the dealer (who has been dismissed and is no longer a party to this lawsuit). Plaintiff's complaint alleges the vehicle is defective and allege four causes of action under the Song-Beverly Consumer Warranty Act against Nissan, the manufacturer of the car, as well as fraudulent inducement. The sales contract for the car includes an arbitration agreement between the Plaintiff and the dealer, the only signatories to the agreement. The arbitr...

Excerpt: ... 7.) Anthony was formerly an offcer of TJGA, LCC, a construction company doing business as AR Construction ("ARC"). (ld. at '1 8.) ARC transferred its assets to HEAD, allegedly liable to Plaintiff on a successor liability theory. (ld. at 12.) Anthony left ARC on or about May 3, 2021, and joined HEAD on or about May 12, 2021. (ld. at "1 9, 12.) ARC transferred all or nearly all of its operating assets to HEAD in an attempt to avoid its creditors. ...

Excerpt: ...rocedural background of the action and the Court's analysis of the settlement and settlement class are set forth in that order. Before the Court is Plaintiffs motion for final approval of the settlement and for approval of their attorney fees, costs, and incentive award for the named plaintiff. Plaintiff's motion is unopposed. As discussed below, the Court GRANTS final approval but reduces the requested enhancement award to $5,000. l. LEGAL STAND...

Excerpt: ...he FAC, filed on October 9, 2020, Defendant is a health care company that manufactures, markets, and distributes pediatric nutrition shakes for consumption by children ages one to thirteen under fts PediaSure brand. (ld. at 3.) By placing statements such as "Complete, Balanced Nutrition," "Balanced Nutrition to Help Fill Gaps," "Nutrition to Help Kids Grow," "use as part of a healthy diet," and "Clinically Proven to Help Kids Grow" on the PediaSu...

Excerpt: ...an 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 02 August 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order On Defendant Trico Bancshares' Demurrer To Gilbert And Cecilia Marosi's Verified First Amended Complaint And Each And Every Cause Of Action Alleged Therein. l. Statement of Facts. On or about 9 May 2013...