Excerpt: ...ng the tentative ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 12 June May 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Cross-Motons for Summary Judgment, or in the Alternative, Summary Adjudication to the Complaint. l. Statement of Facts. This is an action for breach of contract and related claims brought by plaintiff Cohesity, Inc. ("Cohe...

Excerpt: ...g the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4m PM on 12 June May 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motion Of Plaintiff To Compel Defendant Rosalie Toren To Provide Further Responses To Plaintiff's Special Interrogatories, Set 10, Numbers One And Two, And For Monetary Sanctions. l. Statement of Facts. The facts of this matt...

Excerpt: ...2020, alleging medical negligence and loss of consortium. Plaintiffs filed a Doe amendment to the complaint on May 12, 2021, adding defendants Cheung Leung, M.D. ("Leung") and Mohammed Siddiqi, M.D. ("Siddiqi") as Does 26 and 27, respectively. On February 14, 2023, Leung filed a motion for summary judgment of all claims on the ground that he neither breached the standard of care nor negligently caused injury to Plaintiffs.2 II. EVIDENTIARY ISSUES...

Excerpt: .... Any party opposing the tentative ruling must call Department 20 at 408.808.6855 and the opposing party no later than PM on 12 June May 2023. Please specify the issue to be contested when calling the Court and Counsel. motnOooo— Order on Motion of Defendants for a Protectve Order Precluding the Oral Deposition of Loretta H. Marks. I. Statement of Facts. Plaintiff filed this complaint on 14 February 2023.9 Plaintiff alleges that at no point in ...

Excerpt: ...rst 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 12 June May 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order On Motion of Defendants Green Valley Corporation, D. Oneal Group Partnership and L. Oneal Group Partnership for Judgment on the Pleadings as to Plaintiffs' Causes Of Action For Intentiona...

Excerpt: ...he three would own 33% of the business. The company was formed by "seven written agreements whereby Plaintiff was provided the role of Chief Technology Officer (CTO) landl Defendant with the role of Chief Executive Offcer (CEO) and President. . ." Plaintiff alleged that despite his understanding that he was a joint owner, Defendant "unduly fired Plaintiff from his position and company" depriving him of some $600,000 in unpaid wages in breach of t...

Excerpt: ...ployee Melissa Bearden ("Ms. Bearden") "loudly proclaimed" that Plaintiff had "engaged in sexual activity with [Elizabeth] ... which embarrassed both Plaintiff and [Elizabeth]." (Compl., Ex. 1, '13.) Plaintiff immediately stated that the claims were not true "while there were many people present when this statement was made" and Defendants also told Ms. Bearden to stop. (Ibid.) Elizabeth, a manager at Yoga Source, also told Plaintiff she would sp...

Excerpt: ...licon City ("KW") and escrow closed on April 1, 2022. (See XC, 15.) Subsequently, Ly discovered multiple undisclosed defects at the property regarding dangerous electrical and structural issues, and was damaged because CSI's principal, Cuanuhtemoc Martinez ("Martinez") represented to Ly that the subject property was a newly built home, when in fact it was a remodel, as the permits show, and the value of the home was less than she paid because of ...

Excerpt: ...ng the tentative ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 12 June May 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order On Defendant John Doe I's Demurrer To Plaintiff's Complaint. N.B.: This hearing was originally set on 06 June 2023 at 9:00 AM in this Department. The tentative ruling was duly posted and this Department received no calls or c...

Excerpt: ... Street, San 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 12 June May 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motion of Plaintiff to Strike the Answer of Defendant The Don's Deli, Inc. l. Statement of Facts. On 02 September 2015 or thereabouts, the parties entered into a contract where in plainti...

Excerpt: ...ages, failed to provide accurate itemized wage statements, and committed other wage and hour violations. Now before the Court is Plaintiff's motion for preliminary approval of a settlement, which is unopposed. As discussed below, the Court GRANTS the motion, but requests that the parties make certain small changes to the notice and that they provide class members with a form for opting out of the settlement. BACKGROUND Plaintiff began employment ...

Excerpt: ...Atlas (the "Vehicle"). (Complaint, 15.) Defects and nonconformities manifested themselves within the applicable warranty period. (Complaint, 16.) Dardin-Box delivered the Vehicle to Cardinale for repair on numerous occasions, however, Cardinale failed to properly repair the Vehicle. (Complaint, 41-43.) Dardin-Box initiated this action on December 20, 2022, asserting: (1) violation of Song-Beverly Act- breach of express warranty; (2) violation of ...

Excerpt: ..., 2022. The factual and procedural 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 Plaintiff's motion for final approval of the settlement, attorney fees, costs, and incentive award. Plaintiff's motion is unopposed. As discussed below, the Court GRANTS final approval. l. LEGAL STANDARDS FOR SETTLEMENT APPROVAL A. Class Action Generally, "questions whether a ...

Excerpt: ...017 Ford F-150 (the "Vehicle"), which was manufactured and/or distributed by Ford. (FAC, 9.) In connection with the purchase, Plaintiffs received various warranties, including a 3-year/36,OOO-mile express bumper to bumper warranty, a 5-year/60,OOO-mile powertrain warranty which covers the engine and the transmission, as well as various emissions warranties that exceed the time and mileage limitations of the bumper to bumper and powertrain warrant...

Excerpt: ...man's ("Ms. Hyman") pro hac vice application. For the reasons discussed below, Ms. Hyman's pro hac vice application is GRANTED and Plaintiff's motion for leave to file the FAC is GRANTED. l. FACTUAL A. Background According to the allegations of the Complaint, pursuant to its account documents, Defendant is allowed to charge a single $29 NSF fee or OD fee when a transaction is returned for insufficient funds or paid despite insufficient funds. (Co...

Excerpt: ...proval. l. BACKGROUND Maxar specializes in the manufacture of satellites and the provision of satellite-related services. (Second Amended Complaint ("SAC", '1 11.) Maxar's subsidiary Space Systems/Loral LLC ("SSL"), its related satellite communications business, and its satellite manufacturing and R&D operations, including the facilities and business segments central to the allegations here, are located in Palo Alto. (Ibid.) At the time of the Me...

Excerpt: ...ility for the accident at issue in this case. RFA number 1 asks about "fault"; RFA number 4 asks about whether defendant admits being "responsible"; RFA number 7 discusses whether defendant admits being "negligent"; and RFA number 10 asks whether defendant admits being "liable." To each of these RFA's, defendant responds: "Defendant admits that he had a duty and breached the duty. However, Defendant disputes causaton as to Plaintiff's injuries, a...

Excerpt: ... for preliminary approval of a settlement, which is Previously, the Court sent the parties a tentative ruling asking them to amend the release to conform with Amaro v. Anaheim Arena Management, LLC (2021) 69 Cal.App.5th 521 (Amaro) and make certain additional clarifications and correctons. Plaintiffs' counsel has provided two supplemental declarations and an u#ated settlement agreement, which dramatically changes the definition of the proposed cl...

Excerpt: ...vided to Defendants' insured. Plaintiff is a medical services provider. (SAC, 1.) Defendant California Natural Products ("CNP"), a food preparations' business, arranges for the provision of health care services to its enrollees and the payment or reimbursement of the cost of those services. (ld„ '13.) HCS, a third-party claims administrator, works in such a capacity for CNP pursuant to a contractual agreement. (ld., 2, 10; HCS's Separate Statem...

Excerpt: ...5, 2022, states six causes of action: (1) Breach of Contract; (2) Common Counts; (3) Account Stated; (4) Open Book Account; (5) Open Book Account, and; (6) Violation of Prompt Payment Statute (apparently referring to Business & Professions Code S 7108.5, though it is not identified in the body of the Complaint). Attached to the Complaint as exhibit A is a copy of a "Subcontract Agreement" between the parties, identifying Defendant as the "Contrac...

Excerpt: ...or by the court, of the existence of a matter of law or fact that is relevant to an issue in the action without requiring formal proof of the matter." (Poseidon Development, Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1105, 1117.) In support of the motion, Defendants request judicial notice of the following: (1) Plaintiff's complaint; (2) Defendants' answer; and (3) the request for dismissal entered with prejudice as to defendant Le...

Excerpt: ...on in part and DENIES it in part. l. BACKGROUND Defendant is a construction contractor and employed Plaintiff as a non-exempt employee in May 2022 with responsibilities for machine maintenance, mechanical repairs, drilling and handling heavy machinery. (Complaint, 2.) Plaintiff alleges that Defendant failed to pay him and other employees minimum and overtime wages. (Complaint, 10-11.) He also claims that he and other employees did not receive mea...

Excerpt: ...ney through coercion, pressure and exploitation of his worsening dementia. Defendant has cross-complained claiming that Plaintiff has breached his promise to financially support her for the remainder of her life. MOTION Defendant propounded requests for production of documents and communications seeking investment, real estate, business interest, loan, insurance and money-transfer transactions from January 2016 to the present. Defendant asserts t...

Excerpt: ...orth 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 4M PM on 07 June May 2023. Please specify the issue to be contested when calling the Court and Counsel. motnOooo— Orders On Motions Of Defendant To Com#l Plaintiffs to Provide Further Responses to Defendant's Special Interrogatories, Set One, Request for Production of Documents, Set One, and Form Inte...

Excerpt: ...tive AC, Wilson was employed by SoundHound, a digital voice application company, from approximately November 29, 2011 until August 30, 2019. (AC, 11'112-13.) Wilson, who was initially hired as a Principal Engineer and later promoted to Architect, created a significant amount of the company's intellectual property and was an integral employee. (ld., '1 14.) Over the course of his seven-and-a-half year employment, in addition to a yearly base salar...