Excerpt: ...s forth causes of achon for: (1) Violation of Cal. Labor Code SS 510 and 1198 (Unpaid Overtime); (2) Violation of Cal. Labor Code SS 226.7 and 512, subd. (a) (Unpaid Meal Period Premiums); (3) Violation of Cal. Labor Code S 226.7 (Unpaid Rest Period Premiums); (4) Violation of Cal. Labor Code SS 1194, 1197, and 1197.1 (Unpaid Minimum Wages); (5) Violation of Cal. Labor Code SS 201, 202, and 203 (Final Wages Not Timely Paid); (6) Violation of Cal....

Excerpt: ...Lee to redesignate documents under the protective order. The court addresses these matters in order. The court dispenses with a lengthy recitaton of the background and procedural history of this case, focusing solely on the facts and law that are directly relevant to the issues at hand. I. DEFENDANTS' MOTION TO DISQUALIFY PLAINTIFF'S COUNSEL The moton to disqualify is denied. This motion is based on the premise that Lee's counsel improperly used ...

Excerpt: ...ntiff Santa Clara County Federal Credit Union ("Credit Union") alleges Defendants Avelino David Cargile and his mother, Caneisha Howell, opened a checking account with $.22 in it, fraudulent money orders (either directly or through a third party Jared Yarber) that the Credit Union initially accepted, then withdrew funds from the account creating a negative balance of $5,981.29. (Complaint, "5-6, 11-14.) On December 9, 2022, Credit Union served Re...

Excerpt: ...hey are the true owners of the real property known as Birch Property that is subject to this action. (See id. at 8-10.) Plaintiffs allege that they purchased Birch Property in 2007 under the name of Abraham Oseguera's sister, Defendant Maria Oseguera. The title to Birch Property was in her name. (See id. at '1 15-16). There were specific conversations between Defendant Ivan Caballero and Plaintiff Abraham Oseguera on April 20, 2020, where Plainti...

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 16 June 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Orders On: (1) Defendant Lockwood Hills Federal, LLC's Motion For Summary Judgment; and (2) Defendant Anthem Builders Inc. Mohon For Summary Judgment or, In The Alternative, For Summary Adjudication. l. Statement of Facts...

Excerpt: ... relatively junior attorneys are not reasonable; and (4) Plaintiffs overstaffed the case causing excessive fees to be incurred. ANALYSIS Civil Code S 1717 permits the party prevailing on the contract to recover "reasonable attorneys fees." Defendants claim that Plaintiffs' claim of $731,380 in attorney fees is unreasonable and should be reduced for four reasons. Each reason is addressed in turn. 1. Whether the Fee Agreement Allows for Prelitigati...

Excerpt: ... from 2020 until November 8, 2021. (FAC, 3-4, 23.) In the summer of 2021, PCHA implemented a policy to collect its employees' health data. (FAC, 10.) PCHA specifically sought out Bobbit's COVID-19 vaccination status. (FAC, 11.) On August 9, 2021, Bobbit submitted her vaccination status to PCHA, in an attempt to get a "religious accommodation". (FAC, 12.) PCHA sought to obtain additional medical information from Bobbit by stating "she was required...

Excerpt: ...ties' Arguments The basis for Lee's motion is that he filed a request for dismissal on September 19, 2022 as to Defendant City of San Jose (the "City") only, and not as to DOES 1-20, and so he argues that it was improper for the clerk of the court to dismiss the entre case. Alternatively, he argues that it was standard procedure for the clerk's offce to dismiss all DOE defendants when all of the named defendants are dismissed, then it was his "mi...

Excerpt: ...h District Court of Appeal ("Court of Appeal") and Plaintiff later cross-appealed. While the appeal was pending, the parties negotiated a settlement. Now before the Court is Plaintiff's motion for preliminary approval of class action settlement, which is unopposed. For reasons discussed below, the Court GRANTS Plaintiff's motion, but requests that the parties make certain small changes to the notice and that they provide class members with a form...

Excerpt: ...n May 8, 2015. (FAC, '111.) Plaintiff was forced to sign a vendor credit application that placed a personal guarantee against Plaintiff and the CEO. (ld. at 12.) On June 30, 2016, Plaintiff was required to sign an indemnification agreement for the personal guarantees, and Platinum obtained indemnity insurance from defendants Admiral and QBE (collectively "Insurance Defendants") for its directors and officers. (ld. at '1 13.) Plaintiff was told th...

Excerpt: ... Plaintiff went to the Restaurant, a place of public accommodation and a business establishment, intending to "avail himself of its goods, services, privileges or advantages" but also "motivated in part to determine if the Defendant complies with the disability access laws." (Compl., 8, 9.) Plaintiff qualifies as a "high- frequency litigant as defined by [Code of Civil Procedure section] 425.50[, subdivision] [He] is an ADA advocate and tester as...

Excerpt: ... The Court issued a tentative ruling on April 19, 2023 indicating it was inclined to grant Plaintiffs' motion, subject to the parties' agreement to amend the release to conform with Amaro v. Anaheim Arena Management, LLC (2021) 59 Cal.App.5th 521 (Amaro) and Plaintiffs' submission of some additional information. Having reviewed Plaintiffs' Supplemental Brief, the Bell Supplemental Declaration, and attached exhibits including the Amended Settlemen...

Excerpt: ... Ruiz ("Plaintiff Ruiz"), and Roxana Aguilar ("Plaintiff Aguilar") (collectively, "Plaintiffs") allege that Defendant failed to pay employees for all hours worked, failed to provide meal and rest periods, failed to timely pay wages during employment and upon termination, failed to provide accurate wage statements, and failed to reimburse for required ex#nses. Before the Court is Plaintiff's motion for approval of a settlement, which is As discuss...

Excerpt: ...egligence. Plaintiffs, brothers Zachary and Michael Daniel Kow-tz, and their company Bay Surplus Technology, LLC ("Bay Surplus") hired Defendant/cross-complainant Michael David Kowitz (Zachary and Michael's father), at the urging of their grandmother (Michael's mother) Defendant Patricia Ladd, to work with them. (Third Amended Complaint ("TAC"), "1-4, 10.) In that capacity, Michael acted as Bay Surplu