Excerpt: ...of the signing of the loan agreement, Modesto Duran was in the hospital recovering from COVID; however, Zoe Hamilton, MF's representative, pressured Marisela to forge Modesto's signatures on the loan agreement. (See FAC, 35.) Defendants forced Plaintiffs to execute a promissory note— secured by a deed of trust to the home and Plaintiffs' commercial property at 373 South Twenty-Fourth Street in San Jose ("Commercial Property") for Plaintiffs' au...

Excerpt: ...he operative Second Amended Complaint ("SAC"), filed on January 27, 2022, sets forth 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 Provide Accurate Itemized Wage Statements; (6) Failure to Pay All Wages Due upon Separation of Employment; (7) Violation of Business and Professions Code SS 17200, et seq.; and ...

Excerpt: ... (1) Breach of Contract; (2) Fraud; (3) Fraud in the Inducement; (4) Negligent Misrepresentation; (5) Violation of Unfair Business Practices Act; (6) Escrow Negligence; (7) Negligent Supervision; (8) Breach of Fiduciary Duty; (9) Breach of Written Contract; (10) Violation of Uniform Fraudulent Transfers Act; and (11) Aiding and Abetting in the Commission of a Tort. On December 17, 2018, the court granted defendant Chicago Title Company's ("Chicag...

Excerpt: ...ion: (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 Provide Accurate Itemized Wage Statements; (6) Failure to Pay Wages Timely During Employment; (7) Failure to Pay Wages Due upon Separation of Employment; and (8) Violation of Business and Professions Code SS 17200, et seq. On July 11, 2022, Plaintiff filed a First Amended Class Acton Comp...

Excerpt: ... RealPage as a "System Administrator" from September 2017 until his termination on September 30, 2019. The complaint alleges that Hix was misclassified by his employers as an exempt employee and paid a fixed salary even though Hix was primarily engaged in performing nonexempt duties. (Complaint, "1 15-15.) Hix allegedly worked a substantial amount of overtime but was never paid overtime wages and did not qualify for exemption from overtme law. (l...

Excerpt: ... and that Roth Financial would see a 50% return within the first year. (ld. at '1 11.) Liddle subsequently disappeared with Roth Financial's money, in breach of their alleged fiduciary relationship, leaving Roth Financial unable to locate Liddle until a year ago. (Complaint, '1 8.) Roth Financial alleges that the induced investment was a security and that Liddle's actions constitute securities fraud, entitling Roth Financial to treble damages and...

Excerpt: ...irst 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 25 May 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Orders On: (1) Demurrer and Motion to Strike to the Second Amended Cross-complaint (2) by Cross-Defendant Aegis Security Insurance Company; (3) Demurrer to the Second Amended Cross-complaint; and b...

Excerpt: ...ract with Sinaga, in which Defendants agreed to remodel the property located at 1277 Camino Ramon, San Jose, California 95125 (the "Property"), provide all the labor and materials, and complete the remodel in a good and workmanlike fashion. (Complaint, '1 13.) The contract price was for $351, 057.00. (ld.) Sinaga alleges she performed her obligations under the contract whereas Defendants breached the contract by performing negligent construction,...

Excerpt: ...ot allege the specific location where Hsieh was injured. It asserts the general negligence claim against defendants 852-850 Villa Street LLC, Frederick Chen, Mark Chen, Don Baker, Douglas Watson (collectively, the "Villa Street Defendants") and various Does. The narratve on the "General Negligence" attachment states, somewhat generically, that "Defendants ... so negligently owned, occupied, managed, maintained or controlled certain real property,...

Excerpt: ...ective and was negligently repaired. Plaintiffs allege four causes of action under the Song-Beverly Consumer Warranty Act against FCA, the manufacturer of the car. Plaintiffs allege a single cause of action for negligent repair against Mathew Enterprise, an authorized repair facility. The sales contract for the car includes an arbitration agreement between the Plaintiffs and the dealer, the only signatories to the agreement. The arbitration agree...

Excerpt: ...ral defect, as Defendant was able to fully reply and has not prejudiced. Plaintiffs are reminded to comply with all rules of court going forward. Defendant next opposes the moton claiming that Plaintiffs have failed to meet their burden under S 3295(c). This provision states: No pretrial discovery by the plaintiff shall be with respect to the [financial condition of the defendant] unless the court enters an order permitting such discovery pursuan...

Excerpt: ... On December 29, 2022, Plaintiff filed its Proof of Service of Summons ("Proof of Service"). The initial proof of service filed with the Court reflects substituted service having been effectuated at 1746 Comstock Lane, San Jose, California ("Comstock Residence") on December 28, 2022 at 11:08 AM by registered process service Tasia Stone ("Ms. Stone"). (See Plaintiff's Proof of Service, p. 1, "1 4, 5(b).) Ms. Stone delivered the documents to Maria ...

Excerpt: ...ose. 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 26 May 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motions for Summary Judgment, or in the Alternative, Summary Adjudication to the Second Amended Complaint by Defendants County of Santa Clara and Inessa Christy. l. Statement of Facts. Plaintiffs Laura Aton...

Excerpt: ...ty opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 24 May 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motion of Defendant Robert Brower, Jr. to Dismiss, etc. l. Statement of Facts. Plaintiff filed this complaint on 20 May 2022. 28 In or about December 2014, Campeau Goodsell Smith, L.C. ("CGS") was retained to represent...

Excerpt: ...siness as Cahalan Villa since (ld. at 14.) Defendant Vivielyn Juanillo ("Juanillo") has been doing business as Cahalan Villa since 2017. (Ibid.) Defendants Harry Presno ("Harry") and Grace Presno ("Grace") (collectively, "Moving Defendants") are owners of the Cahalan Villa facility and manage the day-to-day activites of maintaining the property.2 (ld. at 15.) Defendants employed plaintiffs Danilo Calica, Virginia Calica, and Antonina Ojano (colle...

Excerpt: ...osing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 24 May 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order On Defendants Elena Kozlova, Rosalie Toren And Chris Grzeszczak's Mohon For Summary Judgment Or, In The Alternative, Summary Adjudication. l. Statement of Facts. Defendant Rosalie Toren ("Toren"), a licensed psychologist, found...

Excerpt: ... the court finds that at least some of the requested deposition testimony is relevant to the summary judgment motion and that there would be no material prejudice to continuing the moton hearing date by 30 days. The court therefore GRANTS IN PART the motion to compel and GRANTS the motion for a 30-day continuance of the summary judgment hearing. II. BACKGROUND Newman became a resident of Manor Care, a skilled nursing and rehabilitation facility, ...

Excerpt: ...in August 2016 where the case was delayed for a period of one year. Based on the Complaint and attachments embedded therein, the case appears to arise out of an incident that took place while Rostram was an Uber driver in San Francisco on August 13, 2016. On June 13, 2019, the Court granted Uber's petition to compel arbitration. On December 17, 2021, the Court denied Uber's motion to dismiss ostensibly on the grounds that the issue of whether the...

Excerpt: ...se. 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 24 May 2023. Please specify the issue to be contested when calling the Court and Counsel. motnOocK)m Order On Plaintiff Holt Pacific Associates' Motion To Strike Defendants Subway Real Estate, LLC and DKNtor's Assoc:iates, Inc.'s Answers To The First Amended Complaint. l. Statement of Facts. Plaintiff Holt-Pacific ("...

Excerpt: ...e two motions: (1) Mr. Hess's motion to dismiss the remaining claims against him pursuant to Code of Civil Procedure sections 583.210; and (2) iTy Labs Corp.'s and Jose Cong's (collectively, the "iTy Defendants") motion to strike Plaintiff's jury demand as to the nan-stayed causes of action and equitable defenses, or in the alternative bifurcating the equitable and legal issues for trial with the equitable issues to be tried first.2 As discussed ...

Excerpt: ...osing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 24 May 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Motion of Plaintiff to Set Aside/vacate Dismissal and Enforce Settlement Agreement. l. Statement of Facts. This matter arises out of a property damage subrogation claim, due to an automobile accident that occurred on or about 6/01/20...

Excerpt: ...uld exercise its discretion to transfer this case to Stanislaus County for the convenience of witnesses and the ends of justice, under Code of Civil Procedure section 397, subdivision (c). The court concludes that Santa Clara County is a proper venue under Code of Civil Procedure section 395.5, and that any motion under secton 397 is premature, given that no defendant has answered the complaint. Accordingly, the motion is denied. II. BACKGROUND O...

Excerpt: ...n violation of the Fair Employment and Housing Act (FEHA); (2) Age Discrimination in violation of the FEHA; (3) Disabil-ty Discriminaton in violation of the FEHA; (4) Failure to Accommodate Disability in violation of the FEHA; (5) Harassment in violation of the FEHA; (6) Failure to Prevent Harassment in violation of the FEHA; and (7) Retaliation in violation of the FEHA. The fifth cause of action for harassment is alleged against all defendants. ...

Excerpt: ..., Ma filed a cross-complaint against Malek for breach of contract, fraud, embezzlement, breach of fiduciary duty, account stated and breach of duty of good faith and fair dealing. Malek alleges he formed iTronix, a Silicon Valley based company specializing in in the contract manufacture of printed circuit boards used in electronic devices and their components. In January 2017, Malek agreed to transfer 15% of iTronix shares to Ma, such that from t...

Excerpt: ...eding safely and carefully. (See complaint, Prem.L-1.) While crossing the crosswalk, Decedent was struck by defendant Lorelay Robles-Partida ("Robles-Partda"), who did not see and was otherwise unaware of Decedent's presence in the crosswalk due to the dangerous condition of the roadway, surrounding property, crosswalk, intersection and signals/signs at the intersection and crosswalk. (ld.) On March 8, 2019, plaintiffs Alok Jain, Neha Jain, Gori ...