Excerpt: ...rron, Marisol Rios Trejo, Maria Quezada, Yovana Torres, Alberta Espinoza, Gloria Molina, Jose Santander, Luz Elana Legaspi, Irma Sandoval, and Yesika Bonilla (collectively, "Plaintiffs") are residents of Orchard Glen Apartments located at 3967 Seven Trees Blvd in San Jose (the "Property"). (Complaint, "15-15, 21.) KDF owns the Property and VPM manages it. (Complaint, "'117-18.) For many years, Defendants have put their tenants' health and safety ...

Excerpt: ..."Property"). (SAC, '1 7.) According to the SAC, Plaintiff and Xie began dating in February of 2018, while Plaintiff was finalizing her diwrce. (ld., 15-21.) Plaintiff and her husband needed to sell the family residence, the Property, because neither could afford to buy the other out, but moving would mean that their 10-year old son would have to move to a different school district. (ld., 33.) Xie offered to use funds from the Foundation- a charit...

Excerpt: ... Prevailing Wage Pay; (2) Failure to Pay Applicable Prevailing Wage on Public Works Project; (3) Failure to Pay Wages/Minimum Wages/secret underpayment of Wages; (4) Failure to Indemnify for Expenses; (5) Failure to Provide Meal Periods; (5) Failure to Provide Rest Periods; (7) Failure to Provide and Maintain Itemized Wage Statements; (8) Failure to Pay Wages Due Upon Termination; (9) Unfair Business Practices; (10) Retaliation; (11) Wrongful Ter...

Excerpt: ...ing a box upstairs into Keleta's storage area. (FAC, PLD-Pl-001(2).) The stairs did not have a handrail. (Ibid.) During Belai's careful descent downstairs, he fell and broke his shoulder. (Ibid.) Belai was taken to the hospital. (Ibid.) Belai filed the complaint on April 6, 2021, asserting claims for general negligence and premises liability. Plaintiff filed an FAC on April 8, 2021 asserting the same claims. On April 22, 2022, Keleta filed his an...

Excerpt: ...at '1 16.) After the acquisition, Plaintiff was managed by Head of Recruiting, Brian Robinson ("Mr. Robinson"). (Ibid.) While employed by Defendant, "Plaintiff had, and/or was perceived by Employer as having and/or likely to have disabilities in the future. These disabilities included . . . depression, anxiety, attention deficit hyperactivity disorder .. ., post-traumatic stress disorder .. ., Delayed Sleep Phase Syndrome, and related physical sy...

Excerpt: ...rvind Srinivasan v. ZL Technologies, Inc., et al. (Case No. 20CV373027); (3) Arvind Srinivasan v. ZL Technologies, Inc. (Case No. 20CV373149); (4) ZL Technologies, Inc., et al. v. Arvind Srinivasan (Case No. 21CV378097); and (5) Arvind Srinivasan v. ZL Technologies, Inc. (Case No. 21CV382329). On June 5, 2023, defendant Arvind Srinivasan ("Srinivasan") filed: (1) a Notice of Discovery Referee's Order of May 1, 2023, Granting in Part Defendants' M...

Excerpt: ...rth 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 Statements; (7) Failure to Pay All Wages Due Upon Separation of Employment; (8) Violation of Business and Professions Code SS 17200, et seq.; and (9) Enforcement of Labor Code SS 2598...

Excerpt: ... the following causes of action: (1) Failure to Pay All Wages Owed; (2) Failure to Provide Meal and Rest Periods; (3) Failure to Pay Wages on Separation; (4) Failure to Maintain Accurate Time Records; (5) Failure to Provide Accurate Itemized Wage Statements; (6) Recovery under Private Attorneys General Act (PAGA); and (7) Unfair Competition Law. Now before the court is the demurrer by Defendants to each and every cause of action of the Complaint ...

Excerpt: ...al documents relating to the Loan (collectively, the "Loan Documents"): 1. Promissory Note, dated October 5, 2018; 2. Business Loan Agreement, dated October 5, 2018; 3. Deed of Trust, dated October 5, 2018 and recorded in Contra Costa County on October 18, 2018; 4. Assignment of Rents, dated October 5, 2018 and recorded in Contra Costa County on October 18, 2018; and 5. Payment Deferral Agreement, dated April 28, 2020, subsequently amended by Ame...

Excerpt: ...Defendant Qi has failed to prov-de any response to these requests. Defendant contends that he need not provide such documents because "(1) there are bank statements in general EventBrite, Venmo, PayPal, etc. and (2) there are no bank statements reflecting the deposit of funds collected on behalf of Plaintiff individually," as the money was collected on behalf of "the corporation." He also contends that because the amount collected is not in contr...

Excerpt: ...) is a nonprofit California corporation, owned, controlled, directed, and operated by Doe 1, which included the church ("San Jose Congregation") that Plaintiff attended and the property where the unlawful acts of childhood sexual assault occurred. (ld. at '1 11.) Doe 1 was responsible for finalizing the appointments of Elders and Ministerial Servants, including Doe 3, from its headquarters in New York. (Complaint, '17.) The managing agents direct...

Excerpt: ... was allowed to exist and left in disrepair. (Complaint, MC-025.) The City failed to barricade the area and/or warn of the dangerous condition, which resulted in the area becoming a dangerous condition. (Ibid.) As a result, Saabedra sustained serious injuries. (Ibid.) Saabedra filed the Complaint on November 17, 2022, asserting claims for general negligence and premises liabilityl . On March 28, 2023, the City filed the instant motion, which Saab...

Excerpt: ...respond to the discovery requests or whether Plaintiff would need to obtain a Court order compelling response. On March 31, 2022, Mr. Klein emailed Plaintiff's counsel and stated he was encountering enormous difficulty in securing his clients' cooperation in responding to this written discovery. On May 3, 2022, a substitution of attorney for Defendant was filed which substituted Defendant as a self-represented party in place of Mr. Klein. Plainti...

Excerpt: ...el C-5 quadriplegic" who "cannot walk, has significant manual dexterity impairments" and uses a wheelchair for mobility, went to the Chili's restaurant (the "Restaurant") located at the shopping center owned by Defendant (the "Property"). (FAC, 1, 3, 10.) Plaintiff intended to avail himself of the goods and services offered by the Restaurant, and his visit was also motivated by his desire to determine if Defendant complied with all disability acc...

Excerpt: ...lowing causes of action: 1. VIOLATION OF LABOR CODE SECTION 1102.5 2. WRONGFUL TERMINATION IN VIOLATION OF PUBLIC POLICY The FAC alleges that Google employed Chatterjee as a senior engineering manager from 2018 to May 2022. (FAC, "1 10, 136.) As part of his duties, Chatterjee was responsible for evaluating the potential commercial use of a Google research project that developed design methtxls for the physical layout of computer chips ("Project M...

Excerpt: ...Factual This is an action for violation of Title IX, among other things. According to the allegations in the SAC, for over fourteen years, San Jose State University's ("SJSU") head athletic trainer, Shaw, sexually abused countless female student-athletes during allegedly sports-related massages by inappropriately and without consent touching them in their private areas. (SAC, '1 1.) Plaintiffs suffered lasting humiliation and trauma as a result o...

Excerpt: ...gations, the complaint asserts causes of action for: (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) unjust enrichment/restitution, (4) money had and received, and (5) violation of Business and Professions Code section et seq. Now before the Court is Plaintiff's motion for leave to file a first amended complaint. Defendant has opposed the motion and Plaintiff has filed a reply. DISCUSSION l. Legal St...

Excerpt: ...er rate, and 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) violation of Business and Professions Code section 17200, et seq.; (2) failure to pay all wages (Labor Code sectons 2[n, et seq. 218, 226, 510, 511, 1194, 1198, 2802); (3) failure to pay sick pay at the correct regular rate; (4) failure to p...

Excerpt: ...n for summary adjudication of both causes of action asserted in InESS's First Amended Complaint ("FAC") in Case No. 19CV347622 and (2) lnESS's second motion for summary adjudication of its fifth cause of action in Case No. 19CV350478. 80th motions are opposed. As discussed below, the Court DENIES Cisco's motion and GRANTS lnE-ss's motion. l. BACKGROUND A. Factual lnESS filed case No. 19CV347622 on May 7, 2019 and Case No. 19CV350478 on June 28, 2...

Excerpt: ...lege Sasan directed racial and religious epithets Antranik and threatened violence towards Antranik and his family. According to the FAC, on August 31, 2020, Antranik entered the 7-Eleven, which Mohammed and Khandan own and Khandan manages, to purchase lottery tickets. (FAC, "1 5, 6, 11.) After receiving his change from Sasan, who was behind the register, Antranik asked Sasan what he could buy for $1. (ld., 12-13.) Sasan, which is alleged on info...

Excerpt: ...nd Parkmoor Avenue in San Jose, California ("Subject Location"). (ld. at '1 7.) At the same time, defendant David Allen was operating a light rail vehicle in the generally northbound direction towards the Subject (Ibid.) The light rail vehicle ran into Decedent, and she was killed. (ld. at 7.) Plaintiff alleges the train operator (Allen) and the VTA (collectively, "Defendants"), "failed to sound a horn or other device at or near the crossing, to ...

Excerpt: ...rt "to honor the arbitration clause in the Client Manual." (Opp. at p. 3:7.) After Citibank failed to pay the administrative fee required by AAA and by statute (Code Civ. Proc., S 1281.97), AAA closed out the case, and Lee filed the present action in this court. Lee now contends that Citibank waived its right to compel arbitration, and the court agrees. Accordingly, the court denies the motion. Although a waiver of arbitration is generally not li...

Excerpt: ...motion. As instructed by the court, the parties had an informal discovery conference with Judge Carol Overton and were able to narrow their disputes, but many disputes remain. The court now GRANTS in part and DENIES in part the motion to compel, as follows: Form Interrogatories (General) Nos. 12.1 & 12.2 and Form Interrogatories (Employment) Nos. 215.1 & 215.2: The court does not understand the relevance of Ms. Viera's investigation and report to...

Excerpt: ... trade secrets. Plaintiff alleges that its former employees joined Sycomp, a competitor, after abusing and exploiting their privileged access to Plaintiff's computer networks and devices to misappropriate Plaintiff's trade secret and confidential information to the benefit of Defendant Sycomp. (Complaint, 2.) The operative Complaint, filed on May 12, 2023, alleges the following causes of action: 1. Violation of the California Uniform Trade Secret...

Excerpt: ...ls ("Plaintiff") was hired by defendants Northrop Grumman Systems Corporation and Northrop Grumman Corporation (collectively, "Defendants") in May 2010 as an hourly, non- exempt employee. (Complaint, 10.) Plaintiff alleges that Defendants violated various wage and hour laws, including requiring Plaintiff and the putative class to go through security checks, failing to provide meal periods, failing to reimburse for business expenses such as the pu...