Excerpt: ... process of building a modern, multifamily residential apartment complex and mixed-use project comprised of two 28-story towers and a below grade parking garage (the "Project"). (FAC, '1 2.) As a result of groundwater intrusion and flood events, SJSC was forced to halt and/or delay construction of the SJSC Towers Project and incur substantial groundwater flood related mitigation, remediation, and restoration/repair costs. (ld. at 3, 5, 42, & 51-5...

Excerpt: ...th describes his proposed amendments as follows: (1) addition of Doe Defendant 1 Gilberto Garcia, who is being added since defendant ("Maria Garcia") signed an Interspousal Grant Deed transferring her entire interest in her property to this individual ("Gilberto Garcia"), (2) An addition of a cause of action, expanding to clarify existing cause of actions, based on facts that have already been pleaded (3) Additions to Plaintiffs prayer based on t...

Excerpt: ...s claim to VTA nearly a year later, on September 6, 2023, which claim VTA rejected as untimely. Petitioner then filed this action on October 13, 2023. Because Petitioner failed to present his claim to VTA within the required six months from the date of injury, Petitioner now seeks relief from that requirement so that his case may proceed on the merits. II. Legal Standard and Analysis Before a suit for damages may be maintained against a public en...

Excerpt: ...ative first amended complaint ("FAC") on May 5, 2023. The FAC states causes of achon for: (1) Sexual Assault of a Minor (alleged against Doe 2 only, who is referred to as the "Perpetrator"); and (2) Negligence of District and Employees (alleged against Doe 1 only). Plaintiffs allege that the sexual abuse and assaults took place during the 1973-1974 school year and that some of the alleged sexual abuse of Rodvold and all of the alleged abuse of Me...

Excerpt: ...ed by GM. (FAC, 6.) In connection with the purchase, Plaintiff entered a warranty contract with GM. (FAC, '1 7.) During the express warranty period, defects, and nonconformities, such as transmission, suspension, electrical defects, manifested. (FAC, '1 11.) Plaintiff specifically alleges defects with the 8-speed transmission ("Transmission Defect"). (FAC, '160.) Plaintiff alleges GM and its representatives were unable to service or repair the Ve...

Excerpt: ...saw GM's window sticker that contained important information about the subject vehicle and spoke with the salespeople at Courtesy Chevrolet who told her about the vehicle's key features, components and reliability but failed to inform Plaintiff about the Cooling System Defect. (See FAC, 8.) However, GM knew since 2010 that the 2011 and newer Chevrolet Cruze vehicles contained design and/or manufacturing defects in their engine cooling system that...

Excerpt: ..."SCSC") located in Santa Clara County, upon recruitment by her swim coach, Mitch Ivey ("Ivey") in 1976. (ld., 4, 16-17.) Plaintiff was 16 years old when she first joined SCSC. (ld., 11.) While Ivey coached at SCSC, he "quickly gained a reputation for making inappropriate advances towards his young, female swimmers." (ld., 11.) Plaintiff further alleges that beginning in 1976 both SCSC and the City knew or had reason to know "that Ivey was engagin...

Excerpt: ...ed recorded on August 23, 2017, Madeleine Tashjian and Dutchints Development, LLC ("Dutchints") acquired title and interest to the Property. (Declaration of Brent Roles ["Roles Decl."l, 2, Ex. 1; UMF No. 1.) In December 2017, Madeleine and Dutchints entered a loan agreement with a group of private lenders that was secured by a deed of trust recorded against the Property ("First DOT"). (Roles Decl. '1 3, Ex. 2; UMF No. 2.) In December 2017, Madele...

Excerpt: ... plush 10% interest. Gorilla Circuits disputes that it ever agreed to pay a higher price for stencils and therefore that the money is owed. In the present motion, Gorilla Circuits seeks to compel Stencil Master's further responses to Request for Production Nos. 1-9. II. Legal Standard Discovery is generally permitted "regarding any matter, not privileged, that is relevant to the subject matter inwlved in the pending action or to the determination...

Excerpt: ...ant executed an agreement for purchase of real property located in Washington D.C. (the "Property"). (Complaint, '1 11.) Defendant sought to finance the purchase with a conventional residential loan and 403 agreed to apply and obtain a residential occupancy' permit for the ground unit. (Complaint, '1 13.) At the time of the agreement, the parties contemplated obtaining a residential permit and agreed on a settlement date 30 days from the executio...

Excerpt: ...McManis with other counsel. The original and still-operative complaint, filed on May 4, 2023, states three causes of action: (1) Conversion; (2) Fraud; and (3) Breach of Fiduciary Duty. Cooper filed an answer to the complaint on June 20, 2023. Now before the court is Cooper's motion to strike the complaint, filed on August 16, 2023, nearly two months after his answer. Plaintiff opposes the motion. 4 II. MOTION TO STRIKE THE COMPLAINT A. General L...

Excerpt: ... Plaintiff is a general electrician of Afghan origin and the Muslim faith. Plaintiff was hired in February of 2021 and was fired three months later in April of 2021, at the age of 44. Plaintiff was again dispatched by his union to work for Redwood Electric in October of 2021, but he was not hired. During his employment, Plaintiff's foreman, Mr. Little, inappropriately commented on Plaintiff's origin and/or religion on one occasion. Plaintiff repo...

Excerpt: ...61 North First 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 22 January 2024. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Orders on Defendants' Discovery Motions to Compel Plaintiff to Provide Responses; Case Management Conference. This achon involves a written lease agreement between plaintiff (who appa...

Excerpt: ...ommitted against herself and other aggrieved "non-white employees." Before the Court is Plaintiff's motion for leave to file the Third Amended Complaint ("TAC"), which is opposed by Google. As discussed below, the Court GRANTS Plaintiff's motion. IX.BACKGROUND A. Factual Google is a technology company specializing in internet- related services and products with offices in Mountain View and Sunnyvale. (Second Amended Complaint ("SAC"), 7.) Ms. Che...

Excerpt: ...hot sudden bursts of fire onto White. (Complaint, "1 25-25.) He suffered severe burns and other injuries to his chest, torso, groin area, upper thighs, left arm, left hand, ears, and face in addition to emotional and psychological injuries and other injuries which are still being treated or diagnosed. (Complaint, 27.) White alleges his employer, San Jose Water Company ("SJWC") purchased the Saw in new condition from Gardenland Power Equipment. (C...

Excerpt: ...y party opposing the tentatve ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 17 January 2024. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Demurrer of Defendant Berryessa Union School District to Plaintiff's Complaint. l. Statement of Facts. Plaintiff John Doe ("Plaintiff") is an adult who was the victim of childhood sexual assault. (Complaint, "1...

Excerpt: ...nd his law firm, the Hann Law Firm (collectively, "Hann"). The original complaint did not allege when Hann's representation ended. The operative first amended complaint ("FAC"), filed on August 3, 2022 after Minkowski obtained legal representation, similarly states claims for: (1) Breach of Contract (now styled an Attorney-Client Fee Agreement); (2) Legal Malpractice; and (3) Breach of Fiduciary Duty against both defendants. The FAC alleges (at 5...

Excerpt: ...airnryan") and is a Hong Kong SAR Limited Company. (See FAXC, '1 1.) Both David and Elizabeth (collectively, "the Chungs") have lived at 27925 Roble Blanco in Los Altos ("subject property") since June 2016; prior to June 20, 2016, the Chungs resided at a family home located at 13920 Mirou Drive in Los Altos Hills. (See FAXC, "1 3, 5, 10.) In May 2015, the Chungs became aware that the sale of their Mirou Drive home would take longer than anticipat...

Excerpt: ... party opposing the tentatve ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 17 January 2024. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order On Defendant County Of Santa Clara's Demurrer To Plaintiff's First Amended Complaint. l. Statement of Facts. Defendant County of Santa Clara ("County") was authorized by the State of California to place and care fo...

Excerpt: ...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 17 January 2024. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Orders on: (1) Defendants' Demurrer To Portions Of Plaintiff's First Amended Complaint; and (2) Defendants' Motion To Strike Portions Of Plaintiff's First Amended Complaint. l. Statement of Facts. On or about 22 Novem...

Excerpt: ...A-Car Co. (2000) 79 Cal.App.4th 1127, 1133 which holds that "[w]hen a cause of action for which attorney fees are prov-ded by statute is joined with other causes of action for which attorney fees are not permitted, the prevailing party may recover only on the statutory cause of action." Plaintiff does not dispute the holding of Akins, but counters that "'[s]uch fees need not be apportioned when incurred for representation on an issue common to bo...

Excerpt: ...me from a home located at 1165 E. Florinda Street, Hanford, California, that he co-owned with Travestean. Travestean has since passed away, and Darrell now seeks leave to amend his complaint to remove her as a defendant, add Chantal as a defendant in her capacity as trustee of the Travestean Wynn Williams Revocable Living Trust, add Michael Patterson (Chantal's husband) as a defendant, and add four more causes of action for elder abuse, fraud, un...

Excerpt: ...idential Management, LLC and Transunion Rental Screening Solutions, Inc. (collectively, "Defendants"). The original and still- operative complaint filed on March 30, 2023 states three causes of action: (1) Violation of the ICRAA (Civ. Code, S 1786); (2) Invasion of Privacy; and (3) Declaratory Relief. According to the complaint, Plaintiffs were all prospective tenants of the Lex Apartments, an apartment complex managed and operated by Equity Resi...

Excerpt: ...statements, among other Labor Code violations. Before the Court is Plaintiffs' motion for preliminary approval of a settlement, which is unopposed. As discussed below, the Court GRANTS the moton. l. BACKGROUND A. Factual According to the allegations of the operative Second Amended Class and Representative Class Acton Complaint ("SAC"), Escuela Popular is a charter school that operates four different educational academies: (1) Childcare Academy; (...

Excerpt: ... Kazemipour lied amount investment opportunities, which caused Plaintiff to invest money with him that Kazemipour spent on unauthorized personal expenses and travel. (Complaint, '1 15.) With the assistance of defendant Troy Foster, Kazemipour defrauded Plaintiff out of approximately $750,638. (Ibid.) After he commenced legal action against Kazemipour, Plaintiff discovered Kazemipour transferred Plaintiff's stolen assets to others, including but n...

Excerpt: ... requests actually made, as opposed to the requests now made of them. Request No. 7 Plaintiff requested "any and all camera footage of the subject incident." Defendants have provided a cell phone recording of the original version, according to Plaintiff Defendants state this complies with the request because the request does not define "camera footage" and the definition of digital copies allows for digital copies to be the original or "best copy...

Excerpt: ...20, 2023 and then continued to September 19, 2023, in light of the then-pending motion by Cisco to declare Ali a vexatious litigant. On September 19, 2023, the court (Judge Kulkarni) continued the motion again, following the court's ruling granting the vexatious litigant motion and ordering the posting of a $250,000 bond, "and because there is no proof that Plaintiff has paid the necessary security." Third, at the case management conference on Se...

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 17 January 2024. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Petiton of Defendant Normandin's etc. to Compel Arbitration. l. Statement of Facts. Plaintiff filed this complaint on 12 July 2023. 39 Plaintiff alleges that on 31 July 2022, plaintiff purchased a...

Excerpt: ...RANTED IN PART. Section 9 of the Agreement provides: The Parties agree that in the event they believe any other Party has breached any term of this Agreement, the non-breaching Party will meet and confer in good faith with the allegedly breaching Party to resolve the dispute. For purposes of this Agreement, "meet and confer in good faith" means either an in-person conversation or telephone conversaton in which the Parties respectfully identify th...

Excerpt: ...e business clients and earnings; and (3) breach of contract. On January 17, 2023 this court (Judge Kirwan) overruled Defendants' demurrer to the first cause of action, sustained without leave to amend the second cause of action, and sustained with leave to amend the third cause of action for breach of contract. Hansen filed a first amended complaint ("FAC") on January 17, 2023, alleging a single claim for breach of contract. On June 6, 2023, the ...

Excerpt: ...the time, about Vince's death. The message indicated that doctors had to stop Vince's pacemaker due to increased and rapid heartbeats caused by severe allergic reaction to peanut oil. Defendant then expresses his belief that Vince's wife (Plaintiff) gave him peanut oil to kill him for money and he would try to prove it. Defendant writes that Plaintiff got the idea from a similar allergic episode in the past that put Vince in the hospital. As a re...

Excerpt: ...UPTAAA"); and iTalk Global Communications, Inc.'s ("iTalk") special motion to strike Plaintiff Ning Yu's First Amended Complaint. California Code of Civil Procedure section 425.16(c) states: "a prevailing defendant on a special motion to strike shall be entitled to recover his or her attorneys' fees and costs." (Cal. Code Civ. Pro. 5425.16(c) (emphasis added).) Given the mandatory nature of these fees and costs, the only issue before the Court is...

Excerpt: ...y party opposing the tentatve ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 17 January 2024. Please specify the issue to be contested when calling the court and counsel. ORDER ON DEFENDANTS [DIANE STEMBER RICHARDS AND LANCE BROWN'S] MOTION FOR SUMMARY JUDGMENT OR, ALTERNATIVELY, MOTION FOR SUMMARY ADJUDICATION l. Statement of Facts. On 1 July 2017, on W. Alma at or near its intersecton with W. Vine...

Excerpt: ...t Thuy Cung ("Cung"). (Complaint, 4-5, 13.) Cung applied for and received a credit account with Bank of America, N.A. ("BOA"). (ld. at 5, 7.) Cung's contract with BOA was an installment contract. (ld. at '1 10 & Ex. 1.) Due to Cung's nonpayment of the account, BOA charged-off and sold the account to SLS. (ld. at "1 6, 8.) The last activity on the account occurred within the four years prior to the filing of the Complaint. (ld. at '1 9.) Specifica...

Excerpt: ...lainant Osman Yunus Guracar ("Guracar"). (Complaint, 4-6.) Guracar applied for and received a credit account with Bank of America, N.A. ("BOA"). (ld. at 5, 7.) Guracar's contract with BOA was an installment contract. (ld. at 10 & Ex. 1.) Due to Guracar's non-payment of the account, BOA charged-off and sold the account to SLS. (ld. at 6, 8.) The last activity on the account occurred within the four years prior to the filing of the Complaint. (ld. ...

Excerpt: ... Rama Krishna Prasad Kethineni, Bamboo Solutions, Inc., HireTechForce, Inc., BoxsterTech, Inc., TechGlobalSystems, Inc., Reves Global Services, Inc. f/k/a iBridge, Inc. (collectively, "Defendants"). On December 3, 20221, Plaintiff filed the operative First Amended Complaint against Defendants, which sets forth the following causes of action: (1) Intentional Misrepresentation/Fraud; (2) Fraudulent Concealment; (3) Civil Conspiracy, (4) Breach of C...

Excerpt: ...on January 17, 2023, sets forth the following causes of acton: (1) Failure to Pay All Minimum Wages; (2) Failure to Pay All Overtime Wages; (3) Failure to Provide Rest Periods and Pay Missed Rest Period Premiums; (4) Failure to Provide Meal Periods and Pay Missed Meal Period Premiums; (5) Failure to Maintain Accurate Employment Records; (6) Failure to Pay Wages Timely During Employment; (7) Failure to Pay All Wages Earned and unpaid at Separation...

Excerpt: ...ton: (1) Failure to provide rest breaks and meal periods (Lab. Code SS 226.7, 512, and 1198); (2) Failure to pay all wages earned for all hours worked (Lab. Code SS 510, 1194, 1197, and 1198); (3) Failure to provide accurate wage statements (Lab. Code S 226); (4) Waiting time penalties (Lab. Code SS 201-203); (5) Unfair Competition (Bus. & Prof. Code S 17200, et seq.); and (6) Civil penalties/PAGA (Labor Code S 2698, et seq). The parties reached ...

Excerpt: ...y party opposing the tentatve ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 12 January 2024. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Defendants' Demurrer to Plaintiff Amended Complaint. l. Statement of Facts. According to the allegations of the first amended complaint ("FAC"), on 10 January 2019 at approximately 11:40 p.m., defendant John La...

Excerpt: ...an Jose. Two birch trees were located on Mr. Holmes' front lawn within three feet of the shared property line. They leaked saps and had dead limbs that fell and damaged Guarascios' vehicles. (Cross-complaint 9, 10.) In February of 2022, Mathew Guarascio and Mr. Holmes met to discuss the problems that were caused by the tree closest to the property line. Mr. Holmes agreed to the removal of the tree but asked that the removal be delayed since he wa...

Excerpt: ...rative complaint on May 26, 2023. The complaint alleges that Pamonag was a dependent adult and inpatient at Grace, a 24- hour skilled nursing facility. (Complaint, 3, 15.) On an unspecified date, and at an unspecified facility, someone on the staff at Grace placed a cap on Pamonag's tracheostomy tube, causing her to stop breathing, suffer brain damage, and ultimately pass away on March 5, 2022. (ld. at "11, 21.) Plaintiffs allege that as a result...

Excerpt: ...at Medspa, consisting of six "bikini Brazilian" treatments and six "upper leg" treatments. (Complaint at 6.) On April 12, 2022, Plaintiff attended her fourth treatment of laser hair removal therapy where Nurse Mottahed was available to treat her. (ld. at '17.) During laser treatment, Nurse Mottahed burned Plaintiff's leg forcing her to leave her appointment early. (ld. at "1 10-14.) The employees at the front desk told Plaintiff that Nurse Mottah...

Excerpt: ...mber 28, 2023, alleging a single cause of achon for partition. According to the complaint, Plaintiffs reside in the Philippines and are collectively a tenant-in-common owner of a 50% interest in the Property. (Complaint, '1 3.) The Reyes Defendants are a tenant-in-common owner of the remaining 50% interest. (ld. at 4.) Plaintiffs and the Reyes Defendants acquired their interest in the Property as joint tenants through a Grant Deed recorded with S...

Excerpt: ...use states that the courts of Indiana shall have "exclusive jurisdiction for deciding legal disputes relating to this limited warranty." Having reviewed the parties' submissions, the court concludes that the forum selection clause here is valid and that a stay is appropriate under section 410.30, subdivision (a), which provides that when a court "finds that in the interest of substantial justice an action should be heard in a forum outside this s...

Excerpt: ...the Property"). (Li SAXC, '1 8.) The Property consists of a two-floor commercial building with offce spaces. (ld. at 10.) Jialin Niu ("Niu"), the owner of 577 Campbell, also owns CSBIJ, occupying the lower floor of the Property. (ld. at '19.) Li, who owns and works for GSI Homes and GSI Properties (collectively, "GSI Entities") executed a written lease ("2018 Lease") with CSBLI for Room 107 in the Property. (Li SAXC, 11-12.) Since the execution o...

Excerpt: ...treet, 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 12 January 2024. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Defendant County of Santa Clara's: (1) Demurrer To Plaintiff's Second Amended Complaint; and (2) Motion To Strike Portions Of Plaintiff's Second Amended Complaint. l. Statement of Facts. Pla...

Excerpt: ... Southern California to attend a cheerleading competition at Disneyland that involved her daughter. (See FAC, 18.) Hijazi and Does 1- 20 completed a walk-around inspection of the subject aircraft before it was boarded, started the right engine, and then unsuccessfully attempted several times to start the left engine. (See FAC, '1 19.) Passengers were deplaned twice before he was able to start the left engine. (ld.) The plane eventually took off a...

Excerpt: ...FAC, 1-2.) During their divorce proceedings, Tuo refused to divide and distribute their marital properties located in the United States. (FAC, '1 10.) Shi initiated this action on November 29, 2021, and, on September 29, 2023, filed an FAC, asserting: (1) breach of implied covenant of good faith and fair dealing; (2) breach of fiduciary duty; (3) negligence; (4) money had and received; (5) accounting; and (6) fraud-concealment. On December 8, 202...

Excerpt: ...with Plaintiff. "A defendant may enforce a forum-selection clause by bringing a motion pursuant to sections 410.30 and 418.10, the statutes governing forum non conveniens motions, because they are the ones which generally authorize a trial court to decline jurisdiction when unreasonably invoked and provide a procedure for the motion." CalState Business Products & Services, Inc. v. Ricoh (1993)12 Cal.App.4th 1666, 1680 (Cal-State Business); see al...

Excerpt: ...on of Lin in three matters from January 2021 through approximately July 2022. (Complaint, '1 1.) The parties entered several retainer agreements pursuant to which Lin agreed to pay Plaintiffs' attorney's fees and invoices when they came due. (Complaint, 2-3.) Lin was informed ofthe Plaintiffs' legal work on his behalf, and he regularly approved of the legal work and legal invoices on an ongoing basis. (Complaint, '1 4.) Lin paid under the agreeme...

Excerpt: ...below, the Court GRANTS the motion. l. BACKGROUND Plaintiff was employed by Defendant as an hourly, non-exempt employee. (First Amended Class Action Complaint ("FAC"), 8, 14.) According to Plaintiff, Defendant failed to pay employees for all hours worked and failed to provide them with meal periods and permit rest breaks. (ld., '1 15.) Employees worked for Defendant more than eight hours per day or 40 hours per week but Defendant failed to pay ov...

Excerpt: ...alking northbound on the sidewalk of Church Street in Morgan Hill when she tripped on a protruding segment sidewalk. (Compl„ p. 4, L-1.) Plaintiff fell, landed on her face, and suffered a broken nose and severe face bruising. (Ibid.) On March 17, 2023, Plaintiff filed a Judicial Form Complaint against Crosscomplainants and the City asserting causes of action for premises liability and negligence. On June 7, 2023, Cross-complainants filed their ...

Excerpt: ...o market and sell their property (the "Property"), through real estate agents Janet Dayton ("Ms. Dayton") and Joe Alderese ("Mr. Alderese"). (SAXC, '1 9.) Intero and the Roaches subsequently entered into a Residential Listing Agreement. (ld. at 10.) Mr. Alderese observed that the Roaches drove to and from the Property via Reynolds Drive and Montgomery Roach told Mr. Alderese that the Property could be accessed on Carlson Drive. (SAXC, 12-14.) Bas...

Excerpt: ...tiffs, Jesse Granato, Stephanie Landrum, Selestia Ordway and Janice Zarad, at various dates between January 2021 and October 2021, contacted Apple and/or visited its stores due to issues with the iPhones that they had purchased, including broken screens and cameras. None of these issues were covered by the One-Year Limited Warranty that came with the phones, and Plaintiffs either paid Apple to make repairs or, in the case of Selestia Ordway, decl...

Excerpt: ...osing the tentative ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 10 January 2024. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order On Demurrer to Plaintiffs First Amended Complaint by Defendants Covidien Holding lnc and Medronic USA INC and Covidien L.P Covidien lnc, Covidien LLC, Medtronic PLC, U.S Surgical Corp and Sofradim Production SAS. l. Stateme...

Excerpt: ...s where Mummah resided at the outset of the action. On April 22, 2022, Li filed the operative first amended complaint for declaratory relief ("FAC"). On September 2, 2022, Mummah filed an answer to the FAC and a cross- complaint alleging a violation of the federal and California Fair Debt Collection Practices Acts. On March 6, 2023, Li filed a motion for judgment on the pleadings ("JOP motion") versus the answer on two grounds: 1) that the answer...

Excerpt: ...tiff Priscilla Johnson's motion for class certification, which is opposed by Defendants. As discussed below, the Court GRANTS Plaintiff's motion. l. BACKGROUND A. Factual As alleged in the operative class action complaint, in November 2019, Plaintiff rented a residential apartment in a building SCK owns in Milpitas (the "Premises") and paid a $995 security deposit. (Class Action Complaint, 2—3, 5, 18—20.) When she vacated her apartment on Jun...

Excerpt: ...t motion. In the alternative, Yau requests reconsideration of the court's order granting the motion to quash under Code of Civil Procedure section 1008. The court GRANTS the motion under section 473(b) and sets a new hearing on Defendants' motion to quash for February 29, 2024 at 9:00 a.m. in Department 10. Defendants argue that relief is unavailable under section 473 and that Yau's current motion is properly one for reconsideration only, but the...

Excerpt: ...n Jose ("CP Property"). Defendant owns the real property and improvements located at 6059 Cahalan Avenue in San Jose ("STTS Property"). CP Property and STTS Property are adjacent to each other, and together they project the appearance of a single shopping center. Both properties are subject to a recorded Reciprocal Easement Agreement and Declaration of Restriction ("REA"). (FAC "11, 2, 5; Ex. A.) On June 14, 2016, both properties were severely da...

Excerpt: ...nker document log that are not privileged. D. A motion by Silvaco/K. Pesic to compel production of documents against Mr. Andersen. I. Mr. Anderson's Motion to Compel After reviewing the parties' briefs and the record, the Court makes the following findings/rulings: 1. The Court will interpret Mr. Andersen's motion as a moton seeking further document responses, as well as a motion for production of documents. 2. RFPs 108-114 are overbroad. Mr. And...

Excerpt: ... Craig urban, co- founded and co-owned: the complaint sets forth two causes of action for professional negligence against Cheng. Cheng now argues—with no explanation as to why this argument is being raised here for the first time, nearly two and a half years after this court (Judge Kirwan) overruled her demurrer to the complaint— that Scott Urban should have named two other parties as defendants in his complaint: Craig Urban and CH Pension Se...

Excerpt: ... which is unopposed. As discussed below, if satisfactory clarification is provided concerning whether the notice will be provided in languages other than English, the Court is inclined to GRANT the moton. I. BACKGROUND On November 17, 2022, Plaintiff filed a class action and PAGA complaint accusing Defendant of failing to: properly pay overtime wages, provide meal periods, authorize and permit rest breaks, properly pay meal and rest break premium...

Excerpt: ...ft Hotel in Sunnyvale (the "Project"). (Complaint, 8.) S.D. Deacon ("Deacon") had subcontracts with defendants DKS, Inc. ("DKS") and Cal-Delta Plumbing Inc. ("Cal-Delta") to perform the plumbing work. (Complaint, 10.) The agreements included an obligation to indemnify and defend Deacon, as well as to obtain insurance and name Deacon as an additional insured on that insurance. (Ibid.) DKS and Cal-Delta caused and/or contributed to the damages to t...

Excerpt: ...s discussed below, the motion is GRANTED. l. BACKGROUND According to the allegations of the operative complaint ("Complaint"), on July 6, 2017, the Property was sold to U.S. Bank at a trustee's sale under a power of sale contained in a deed of trust executed by Defendant on January 10, 2007. (Complaint, '1 5, Exhibit 1.) U.S. Bank alleges that it duly perfected its title by recording the Trustee's Deed upon Sale on July 20, 2017. (Id„ 6, Exhibi...

Excerpt: ...C"), filed on June 7, 2021, states four causes of acton: (1) Assault and Battery (against Don only); (2) Intentional Infliction of Emotional Distress (against Don only); (3) Negligence and Negligence Per Se (against Don only); and (4) Negligent Supervision (against Glenna and Napoleon Francisco (Don's parents) and Kelly Ng (Don's girlfriend)). The FAC alleges that Don sexually assaulted Jane Doe 1 "[flor approximately four years" starting when sh...

Excerpt: ...2) Arvind 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 August 29, 2022, the court (Hon. Patricia M. Lucas) entered an Order Re: Pretrial and Trial Dates, which set the date for completion of written disc...

Excerpt: ...Plaintiff designs, manufactures, and sells electric cars, electric vehicle powertrain components, as well as scalable energy generation and storage products. (FAC, 36.) Plaintiff sells successful electric vehicles and is poised to enter the pickup truck market, with over 500,000 reservations for its highly anticipated Cybertruck. (Ibid.) Defendants Rivian Automotive, Inc. and Rivian Automotive, LLC (collectively, "Rivian") are a prospective elect...

Excerpt: ...CS's Head of People Operations and Plaintiff's manager. (ld. 5-6.) Plaintiff alleges Hu and Beisel are joint employers with CS. (ld. 4-6.) The Complaint, filed on April 4, 2023, alleges causes of acton for: (1) Discrimination Based on Pregnancy; (2) Failure to Accommodate; (3) CFRA Interference; (4) CFRA Retaliation; (5) Discriminaton Based on Sex; (6) Wrongful Termination in Violation of Public Policy; (7) Retaliation; (8) Failure to Prevent Dis...

Excerpt: ... 2023, sets 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) Violati...

Excerpt: ...ts forth the following causes of action: (1) Failure to Pay All Minimum Wages; (2) Failure to Pay All Overtime Wages; (3) Rest Period Violations; (4) Meal Period Violations; (5) Wage Statement Violations; (6) Failure to Reimburse for Necessary Business Expenses; (7) Waiting Time Penalties; (8) Failure to Timely Pay Wages During Employment; (9) Unfair Competition; and (10) PAGA Penalties. The parties reached a settlement. Plaintiffs Erlinda Reyes ...

Excerpt: ...ious wage and hour violations. The Complaint, filed on August 1, 2019, sets forth claims for: (1) Violation of California Labor Code SS 510 and 1198 (unpaid overtime); (2) Violation of California Labor Code SS 226.7 and 512(a) (failure to provide meal periods); (3) Violation of California Labor Code S 226.7 (failure to provide rest periods); (4) Violation of California Labor Code SS 1194, 1197 and 1197.1 (unpaid minimum wages); (5) Violation of C...

Excerpt: ...vil Penalties Under the Private Attorneys General Act (Labor Code SS 2698, et seq.). Defendant C2 Educational Systems, Inc. ("Defendant") now moves for an order compelling Plaintiff to arbitrate her individual PAGA claim and staying her representative PAGA claim. Plaintiff opposes the motion. II. LEGAL STANDARD "The FAA [Federal Arbitration Act], which includes both procedural and substantive provisions, governs [arbitration] agreements involving...

Excerpt: ... employee, and/or authorized agent of PCM. (ld. at 10.) On or around January 9, 2007, Nguyen incurred a financial obligation in the form of a Home Equity Line of Credit ("HELOC") issued by JPMORGAN CHASE BANK, N.A. ("Chase Bank"). (FAXC, 14.) On or around May 31, 2009, Nguyen made his last payment to Chase Bank and no further payments were made. (FAXC, '1 15.) On or around October 15, 2019, the debt was sold or resold to PCM for collection purpos...

Excerpt: ...with a group called MVLA Neighborhood Cares. (See SAC, '1 18, exh. 2.) District has failed to take the necessary steps as promised to manage traffic and parking and respond to complaints within five days, instead actively ignoring and retaliating against Plaintiff's attempts at communicaton. (See SAC, 19-20.) On February 19, 2022, Plaintiff allegedly engaged in a third peaceful "protest" on the MVHS football field, interfering with games on the f...

Excerpt: ...rty opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 08 January 2024. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Orders On Defendant Sl 51, LLC's Demurrer and Motion To Strike. l. Statement of Facts This is a landlord-tenant matter. Plaintiffs Linda Thy and her minor child (collectively, "Plaintiffs") lived in a rental property locat...

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 08 January 2024. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motion of Plaintiff For Preferential Trial Setting. l. Statement of Facts. Plaintiff filed this complaint for damages and equitable relief on 28 July 2023.11 The complaint generally alleges that plaintiff is c...

Excerpt: ...tal consultant initially detected hazardous substances contamination in the subsurface of the Site, detecting PCE and its degradation products, including trichloroethylene (TCE), in excess of the legal screening level for these chemicals. (See SAC, 33.) upon discovery of contamination at the Site, Plaintiff retained environmental consultant Genesis Engineering & Redevelopment, Inc. ("Genesis") to perform an investigation pursuant to the requireme...

Excerpt: .... 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 08 January 2024. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order On Motion of Defendants to Compel Arbitration. I. Statement of Facts. This action was filed on 21 February 2023.5 The 33-page complaint alleges causes of action for: 1. Breach of Contract, the "Agreement to P...

Excerpt: ...n 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 08 January 2024. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order Motion of Defendant/cross- Complainant Ninos Ternian To Deem Cases to Be Related. l. Statement of Facts. These two brothers have been involved in similar litigation in four different lawsuits. The third...

Excerpt: ...aches a January 2019 asset purchase agreement that governs the sale of "A Special Place Schools" by Allen to Devinder and Anoma Singh for $285,000.00 (the "Agreement"). (See Complaint, 8-10, Exhibit 1.) According to the complaint, the Agreement provided that Amazing Stars would tender $185,000.00 in cash to Allen and pay the remaining $100,000.00 through monthly installments over a 36-month period at a seven percent annual interest rate (the "Car...

Excerpt: ... Nguyen (Nguyen's wife) and Nguyen Thi Ngoc Qui (Nguyen's daughter). In addition, these cases include cross- complaints involving several of the same parties, as well as Little Saigon Plaza Sacramento LLC ("Little Saigon"), a former "partnership" between Luong and Nguyen that Luong apparently now controls. In each of these cases, Nguyen previously filed a "Motion to Set Aside Default, Default Judgment, Summary Adjudications, Charging Orders, and ...

Excerpt: ...ney's fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorney's fees reasonable in relation to the work expended and costs"][emphasis added].) Cross-complainant's memo in support of his moton likewise request attorney's fees pursuant to section 1692k, subd. (a)(3). (See Cross-complainant's Memo, pp. 31:15-3...

Excerpt: ... This action arises out of a tenant's purported failure to pay rent and other amounts due under a commercial lease. According to the Complaint, Plaintiff owns property located at 580-K N. Rengstorff Avenue in Mountain View (the "Premises"). (Complaint, 91.) On September 15, 2016, Plaintiff ROIC Pinole Vista, LLC's ("ROIC") predecessor-in-interest and Defendants Oscar Munoz, Raquel Munoz and Taqueria La Bamba, LCC (the "Taqueria") entered a writte...

Excerpt: ...ses of action for breach of contract and common counts. Plaintiff moves for summary judgment. l. PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Plaintiff's burden on summary adjudication The moving party bears the initial burden of production to make a prima facie showing that there are no triable issues of material fact—one sufficient to support the position of the party in question that no more is called for. (Aguilar v. Atlantic Richfield Co. (2001...

Excerpt: ...ing party. Thuerk now seeks attorney's fees in the amount of $75,037, plus $11,059.15 in costs. The court GRANTS in part and DENIES in part the motion. There is no dispute that Thuerk is entitled to attorney's fees; the only dispute between the parties is over the amount of those fees. The court finds that Thuerk's counsel's billing rates are reasonable for this type of case ($300-$625 per hour). Indeed, the court has found similar rates to be re...

Excerpt: ...ors or co-obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co-obligors." If the trial court makes a finding of good faith, then that determination "shall bar any other joint tortfeasor or co-obligor from any further claims against the settling tortfeasor or co-obligor for equitable comparative contributio...

Excerpt: ...th District Court of Appeal ("Court of Appeal") and Plaintiff later cross-appealed. While the appeal was pending, the parties negotiated a settlement. Before the Court is Plaintiff's motion for final approval of settlement and motion for attorney's fees, costs and incentve award, both of which are unopposed. For the reasons discussed below, the Court GRANTS the motions. l. BACKGROUND In 2015, Plaintiff filed the lead case (the "2016 Acton"). In 2...

Excerpt: ...2 through 823, public entity liability based on the torts of government employees and/or government contractors under Government Code sections 815.2 and 815.4 and Vehicle Code section 17001. On July 15, 2021, Defendant filed an answer. On December 19, 2022, the Court granted Defendant's motion to compel responses to form interrogatories (set two) and ordered Plaintiff to serve code- compliant discovery responses within 30 days. On January 19, 202...

Excerpt: ...TMS. The court finds that MCI has moved promptly to bring this proposed amendment and that granting it will not prejudice any other party. The court grants the motion, except to the extent that purports to add Taylor Morrison of California, LLC ("TMC") as a cross-defendant. This motion was alluded to in the briefing on TMC and TMS's motion for determination of good-faith settlement, which was heard by the court on November 28, 2023. It was the co...

Excerpt: ...assigned her to obtain travel documentation related to Lee's brother and his mistress. (Ibid.) Following their meeting, Lee "lured YANG to the united States with the promise of lucrative opportunities at Stanford and in the Silicon Valley investment world." (FAC at '14.) Lee holds himself out as the senior advisor of the former CEO of Stanford Health and as an investor working at Stanford university. (ld. at 3, 7.) Throughout their relationship, ...

Excerpt: ...c and Legislative Affairs Division ("Division") of the Registrar of Voters ("ROV"). (FAC, 915.) Defendant County originally hired Plaintiff as a temporary employee or what defendant County refers to as an extra help appointment. (ld.) In August 2019, Plaintiff began reporting to defendant Evelyn Mendez ("Mendez") who recognized Plaintiff's value to the Div-sion/ ROV. (FAC, 916.) For instance, during her time managing the ROV's social media, Plain...

Excerpt: ...nspect, maintain, monitor, and keep free from hazards an area of landscape adjacent to the sidewalk which had landscaping bender board protruding from the ground and encroaching onto the sidewalk in the area nearest the Property's driveway. (Ibid.) The protruding bender board was a hidden and dangerous obstacle to Plaintiff and proximately caused Plaintiff to trip, fall, and sustain injuries to her health, strength, and activity. (Complaint, 6, 1...

Excerpt: ...njured three victims and killed two others. Grace Solutions provides emergency shelter for the unhoused throughout San Jose, CA. (Grace Solutions Reply to James Chelley's Opposition to Separate Statement of Undisputed Facts "RSSUF" Nos. 1 & 2.) In 2021, Grace Solutions entered into an agreement with Defendant GRACE BAPTIST CHURCH to utilize their space for Grace Solutions' emergency shelter for the unhoused. (RSSLJF No. 3.) At the time of the inc...

Excerpt: ...4.) Pursuant to the Ground Lease, the lessor provided plaintiff Bay 101 with an option to purchase the Original Premises for $15,245,000. ("Original Option Agreement"). (Complaint, "4 — 5.) On or about 15 November 1993, plaintiff Bay 101, as tenant, and Bumb & Associates, as landlord, entered into a lease ("Building Lease") whereby Bumb & Associates agreed to lease to plaintiff Bay 101 a to-be-constructed two-story, 75,000 square foot building ...

Excerpt: ... Cloud to store data made the Technology potentially lucrative. (Ibid.) In April 2015, Plaintiff validated the commercial feasibility of the Technology and began working full time to develop a prototype. (FAC at 10.) In that regard, Plaintiff desired to create a team to help develop the prototype. (Ibid.) Plaintiff had previously met defendant Balaji Parimi ("Parimi") in 2000 and the two had prior work experience in the technology sector and star...

Excerpt: ...h includes the following arbitration provision: BINDING ARBITRATION FOR CALIFORNIA VEHICLES ONLY PLEASE READ THIS SECTION IN ITS ENTIRETY AS IT AFFECTS YOUR RIGHTS THIS SECTION DOES NOT PRECLUDE YOU FROM FIRST PURSUING ALTERNATIVE DISPUTE RESOLUTION THROUGH BBB AUTO LINE AS DESCRIBED IN THE "ALTERNATIVE DISPUTE RESOLUTION" PROVISION IN SECTION 3 OF THIS HANDBOOK. If you purchased or leased your Gensis vehicle in the State of California, you and w...

Excerpt: ...Roes 1-25 for indemnity, declaratory relief, contribution, and apportionment of negligence. On March 8, 2023, Carbone and Porsche filed an answer. On March 28, 2023, Carbone amended the complaint to include Defendant Lyft, Inc. (“Lyft”) as Doe 1. On June 23, 2023, Lyft filed an answer. On September 29, 2023, the Court found that this case (22STCV36892) and case number 22STCV21671 are related within the meaning of California Rules of Court, ru...

Excerpt: ...Roes 1-25 for indemnity, declaratory relief, contribution, and apportionment of negligence. On March 8, 2023, Carbone and Porsche filed an answer. On March 28, 2023, Carbone amended the complaint to include Defendant Lyft, Inc. (“Lyft”) as Doe 1. On June 23, 2023, Lyft filed an answer. On September 29, 2023, the Court found that this case (22STCV36892) and case number 22STCV21671 are related within the meaning of California Rules of Court, ru...

Excerpt: ...ina is over the age of 80. (ld. at 11.) On April 8, 2022, Mr. Medina received notice from the senior regional manager of BAP, which stated that the owners of the building intended to relocate to the area and move into Plaintiffs' unit. (FAC, 12.) The Property owner, and manager, had knowledge that the owner would not actually move into the Plaintiffs' unit and the owners had no legal basis for evicting Plaintiffs. (ld. at 13, 14.) upon eviction, ...

Excerpt: ...led by (1) the County of Santa Clara (the "County"), (2) the universal Protectionaffiliated Defendants, and (3) the VTA, all of which are opposed by Ms. Gil. As discussed below, the County and Universal Protection's demurrers to the SAC are SUSTAINED WITHOUT LEAVE TO AMEND and the VTA's demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the fourth cause of action and SUSTAINED WITH 30 DAYS' LEAVE TO AMEND as to the first, second and third causes ...