Excerpt: ...vices including executive protection, special event, investigation, risk/threat assessment, retail loss prevention, and uniformed services. (FAC, ¶ 2.) Plaintiff has been employed by defendant as a non‐exempt security guard since February 2016. (Id. at ¶ 3.) He alleges that defendant fails to compensate security guards for missed meal and rest periods and for overtime worked. (Id. at ¶¶ 8‐14.) In addition, wages paid pursuant to defendant...

Excerpt: ...lations. The Complaint, filed on August 24, 2016, sets forth the following causes of action: (1) Failure to Pay Minimum Wage; (2) Failure to Pay Overtime Wages; (3) Unfair Competition; (4) Failure to Make Payment Within the Required Time; and (5) Failure to Indemnify Employees for Expenditures. Defendant Creative Agency Services Team, Inc. (“Defendant”) now moves to compel arbitration. The motion is opposed by plaintiff Roger Armstrong (“Pl...

Excerpt: ...mitted the misappropriation and other wrongdoing alleged by Agilent, and seeking to hold Agilent liable for defamation, intentional interference with prospective economic advantage, and unfair competition based on its public statements about this litigation preceding Twist's initial public offering and its attempts to enforce employment contract provisions that Twist contends are invalid. Agilent filed a special motion to strike the crosscomplain...

Excerpt: ...2017, plaintiff worked for defendant as a security guard/officer and was paid on an hourly basis as a non‐exempt employee. (Second Amended Complaint, ¶ 6.) Plaintiff alleges that Inter‐Con failed to pay him and other security guards/officers on a weekly basis as required of “temporary services employers” by Labor Code section 201.3. (Id. at ¶ 16.) Based on these allegations, he asserts a single cause of action under PAGA. In 2018, Inter...

Excerpt: ... willfully understaffed its facilities, forcing plaintiff and other employees to forgo meal and rest periods. (Id. at ¶ 3.) Moreover, defendant's rest break policy, which stated that employees were not entitled to rest breaks unless they had worked for at least 4 hours, was illegal on its face. (Id. at ¶ 5.) Finally, defendant required plaintiff and other employees to wear branded uniforms, but provided only two uniforms to each employee, so th...

Excerpt: ...ng before the Honorable Thomas E. Kuhnle on June 28, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action arising out of various alleged wage and hour violations. The Second Amended Complaint, filed on May 24, 2019, sets forth the following causes of action: (1) Violation of Labor Code section 510; (2) Violation of Labor Code sections 226.7(b) and 512(a) and the ...

Excerpt: ...ne of the largest information technology companies in the world, selling products and services on an enterprise level. (Complaint, ¶ 1.) Women make up approximately 1/3 of HPE's employees, filling 81 percent of administrative support jobs, but only 17 percent of technician jobs, 22 percent of sales jobs, and 17 percent of executive/senior/official & manager positions. (Id. at ¶ 3.) HPE does not publish the measures it takes to address the gende...

Excerpt: ... that the causes of action in Plaintiff's Complaint arise out of, or are directly related to Plaintiffs former employment with Defendants. On June 6, 2017, when Plaintiff was hired by Defendant, Plaintiff signed a document entitled "Mediation and Arbitration Agreement" (hereinafter “Arbitration Agreement”). Defendant contends that by signing the Arbitration Agreement Plaintiff agreed to arbitrate any and all claims arising out of her ...

Excerpt: ...ie Nava Fuller—then sold the stolen equipment to retailers and another individual, namely defendants the Starving Musician, Tap Tempo, Caveman Vintage Music, Inc., and Mark Chatfield. In the operative second amended complaint (“SAC”), Plaintiff asserts (among other claims) the fifth cause of action for negligence against Kong Yin Yiu, Simon Yiu, and Excel Property Management (collectively, “Defendants”) on the basis they negligently lef...

Excerpt: ...ff Nancy L. Roberts (“Nancy”) seeks to quiet title to a 49.5% interest in real property commonly known as 307 Hershner Drive in Los Gatos (“Subject Property”). (Complaint, ¶1.) The Property is jointly owned by plaintiff Nancy, defendant Diane M. Larson (“Diane”), and defendant Elizabeth J. Larson (“Elizabeth”) as tenants in common. (Id.) On or about May 2, 1990, Nancy, Diane, and defendant Lawrence K. Larson (“Lawrence”) purc...

Excerpt: ...the Patels”). (See Pl.'s separate statement of undisputed material facts, nos. (“UMFs”) 1‐2.) The sale involved a seller carryback loan in the amount of $2,225,119.48. (See UMF 3.) BKD signed five promissory notes in 2002 in the amounts of $245,119.48, $400,000, $400,000, $590,000 and $590,000. (See UMF 4.) The Patels personally guaranteed the notes. (See UMF 5.) On March 22, 2002, the parties entered into a security agreement in which th...

Excerpt: ...lusion Labs, Inc. dba WeTrust (“Finclusion”) creates decentralized, peer‐to‐peer financial solutions that promote financial inclusion. (Second Amended Complaint (“SAC”), ¶¶1, 7, and 10.) In February 2017, soon after Finclusion's inception, defendant Merom emailed co‐founders Li and Long stating his intent to step down. (SAC, ¶12.) For a brief time thereafter, defendant Merom appeared to have recommitted to Finclusion. (SAC, ¶13....

Excerpt: ...dge Terrace in Los Gatos, California (“Rahmani Property”). (Complaint at ¶ 7.) Defendant Robert Bower (“Bower”) is the owner of real property located at 16060 Greenridge Terrace (“Bower Property”). (Id. at ¶ 8.) The properties adjoin each other at the eastern boundary of Rahmani Property and the western boundary of Bower Property. (Id. at ¶ 9.) Himanshu and Darshana Vaishnav (collectively, the “Vaishnavs”) were prior owners of ...

Excerpt: ...int at ¶2.) Plaintiffs' original and still operative “Verified Complaint” was filed on September 21, 2018. The copy of the Complaint on file with the Court has no verification attached and is not signed by counsel. The Complaint states five (really four) causes of action: (1) Breach of Statutory Duty; (2) Promissory Estoppel; (3) Accounting; (4) Unfair Business Practices, and; (5) Preliminary Injunction, which is not an independent cause of ...

Excerpt: ... 2003, Plaintiff executed a promissory note in the amount of $50,000 in favor of Katherine Brown (“Brown”). (Id. at ¶ 7.) Plaintiff thereafter executed a deed of trust in favor of Brown to secure the promissory note. (Id. at ¶ 8.) Since then the deed of trust has been assigned to various defendants without giving notice to Plaintiff. (Id. at ¶ 11.) The final assignment was recorded on November 14, 2011 to defendant Bayview Loan Servicing, ...

Excerpt: ...percent of the business—to purchase his shares in Garden City for $55 million. (SAC, ¶¶ 1–2 & Ex. A [Stock Purchase Agreement].) The remaining 50 percent of the shares were held in trust by defendants Peter v. Lunardi, III and Jeanine Lunardi (collectively, the “Lunardis”) on behalf of the Lunardi Family Living Trust. (SAC, ¶ 1.) The Lunardis tried to stop the sale to Park by exercising their right of first refusal. (SAC, ¶¶ 3–4.) ...

Excerpt: ... The PPA contains an arbitration clause which is said to apply to all claims, controversies, or disputes arising out of or relating to the PPA or any aspect of the relationship between Muller and Vivint Solar. (Brown Decl. Ex. A, at § 4.)) The arbitration clause states as follows: You and We agree to arbitrate all disputes, claims and controversies arising out of or relating to (i) any aspect of the relationship between You and Us, whether based...

Excerpt: ...he vehicle) and Defendant Trader Joe's Company, Inc. (“Trader Joe's”). Several of the defendants in these consolidated actions have made cross‐claims against other defendants. Defendants Sima Hariran and Abdolaziz Arjomand (hereafter “Defendants” for purposes of this motion) have filed a cross‐ complaint against Trader Joe's and Trader Joe's has filed a cross‐complaint against Defendants. A. Background of the discovery dispute On Ja...

Excerpt: ...l Building located at 280 South 1st Street, San Jose to attend an appointment at the Social Security Administration Office. (Id.) On his way out of the building, plaintiff Rabieh accidentally exited an emergency exit door, which sounded an alarm. (Id.) One of the security guards, defendant Mario Ayala (“Ayala”)—an employee of defendant Paragon Systems, Inc., dba Parasys, Inc. (“Paragon”)—asked plaintiff Rabieh to re‐enter the buildi...

Excerpt: ...City accepted Stronghold's bid and hired it as the general contractor to complete the renovations according to the City's preexisting building plans. When Stronghold commenced work on the project, it found a number of undisclosed conditions at the construction site—including asbestos—as well as deficiencies in the City's building plans. In some respects, the City's plans simply did not comply with legal requirements, including those for acces...

Excerpt: ...uling as follows: I. INTRODUCTION According to the allegations of the First Amended Complaint (“FAC”), filed on February 19, 2019, in April of 2000, the United States Department of the Interior (“Trustees”) brought a Natural Resources Damages claim against plaintiff Santa Clara Valley Water District (the “District” or “Plaintiff”) related to mercury releases in the Guadalupe River Watershed. (FAC, ¶ 7.) On August 10, 2000, the Di...

Excerpt: ...cquired the common stock of defendant Arlo Technologies, Inc. pursuant and/or traceable to the company's registration statement and prospectus issued in connection with the company's August 3, 2018, initial public offering. There are now two motions to stay before the Court. One motion is by defendants Arlo Technologies, Inc., Matthew McRae, Christine M. Gorjanc, Patrick C.S. Lo, Andrew W. Kim, Ralph E. Faison, Jocelyn E. Carter‐Miller, and Gra...

Excerpt: ...ound This is an action for breach of contract and conversion brought by Plaintiffs against Defendant. According to the allegations of Plaintiffs' complaint, Plaintiffs are nonprofit organizations devoted to serving children through various child care and child development programs. (Complaint, ¶ 1 & 5.) Defendant is also in the business of providing services related to child care and child development programs. (Id. at ¶ 2.) Plaintiffs contract...

Excerpt: ...�) and did not specifically provide for posthumously‐conceived children in his will. And so, a dispute arose between Plaintiff, individually and on behalf of her children, and Defendant, individually and as administratrix of Pesic's estate. Currently before the Court are two motions: (1) Defendant's motion to compel Plaintiff to provide a further response to an interrogatory; and (2) Defendant's request for all manner of sanctions.1 II. Motion ...

Excerpt: ...1, FR‐2, FR‐ 5, and CC‐1.) On March 13, 2017, a written and oral agreement was allegedly made between representatives of plaintiff California Spine and Neurosurgery Institute dba San Jose Neurospine (“Plaintiff”) and “all defendants.” (Id. at ¶ BC‐1, capitalization omitted.) Specifically, “[r]epresentative ‘Alexis' of all named [defendants] orally agreed that 50% of the Usual and Customary (UCR) charge in the geographical are...

Excerpt: ..., Stanford Real Estate Networks, LLC dba Amar Realtor, and Silicon Valley Real Estate Corporation dba Keller Williams Palo Alto (collectively “Broker Defendants”). The original complaint in this action was filed October 6, 2014. The operative Fifth Amended Complaint (“5AC”), filed September 5, 2018, originally asserted twelve causes of action: (1) invasion of privacy under the California Constitution, article I, section 1; (2) housing dis...

Excerpt: ...o the allegations of the operative complaint (“Complaint”), on February 16, 2017, Plaintiff was admitted to the hospital in Santa Cruz after suffering a stroke, which left him unable to perform certain physical movements and for some time affected his verbal and mental acuity and abilities. (Complaint, ¶ 6.) At the time of his stroke, William and Valerie were in the midst of a highly‐contested marital dissolution action, with a community e...

Excerpt: ... 50 litigation matters and dozens of transactional matters, personal and business, from 2000 to 2006. (First Amended Complaint (“FAC”), ¶8.) Defendant Parr provided professional advice to plaintiff Pho in May 2016. (FAC, ¶9.) In the course of representing plaintiff Pho, defendant Parr extensively reviewed plaintiff Pho's personal and financial records, obtaining confidential information about plaintiff Pho. (FAC, ¶¶14 – 19.) Defendants ...

Excerpt: ...llege the sidewalk that they were crossing was a dangerous condition of public property because it had “very dim and/or non‐functioning crosswalk lights” and “constituted a trap for the unwary” since “they activated the pedestrian signal and walked in the crosswalk which they were led to believe was safe.” (See FAC, ¶ Prem. L‐4.) On February 14, 2019, Plaintiffs filed the FAC against Yao and the City of Palo Alto (“City”), as...

Excerpt: ...money due in the sum of $85,447.88 for medical care, services, and supplies furnished by plaintiff County, by or through VMC, at the special instance and request of defendant Sonagere. (Complaint, ¶¶2 and 5.) Neither the whole nor any part of the sum has been paid and the sum is now due, owing, and unpaid. (Complaint, ¶6.) On June 25, 2018, plaintiff County filed a complaint against defendant Sonagere asserting causes of action for: (1) Open B...

Excerpt: ...imothy Kim, occupied the Subject Property. (Complaint, ¶9.) On or about August 15, 2018, plaintiff Park and defendant Nancy Kim agreed to extend the lease term for an additional six months. (Complaint, ¶10.) Defendant Nancy Kim gave her brother, Timothy Kim, power of attorney to enter into a written lease extension. (Id.) The rent increased to $3,750 per month and the lease expiration became April 30, 2019. (Id.) Defendant Timothy Kim signed th...

Excerpt: .... According to the allegations of the underlying complaint (the “Complaint”), pursuant to a written agreement dated July 16, 2015 (the “Lease”), Cross‐Defendants leased a commercial real property located at 1566 South 7th Street in San Jose (the “Premises”) to Celebuddy for the purpose of operating a medical cannabis facility. (Complaint, ¶¶ 1, 4, Exhibits A and B.) Tran, the President of Celebuddy, signed a written Guaranty of th...

Excerpt: ...al area for a spine surgery to be performed by plaintiff CSNI on behalf of patient “G.H.” would be paid. (Second Amended Complaint (“SAC”), ¶BC‐1.) The UCR in the geographical area of plaintiff for the services rendered on behalf of defendants' insured patient is $93,500. (SAC, ¶BC‐4.) Defendants agreed to pay 60% of the UCR, or $56,100. (Id.) Defendants paid $13,735.80. (Id.) Defendants failed to pay $41,539.89. (SAC, ¶¶BC‐2 an...

Excerpt: ...In October 2010, Brassfield and defendant Paul S.S. Elias (“Elias”) entered into a written contract for the remodeling of Brassfield's home. (FAC, ¶¶ 1 & 25.) The contract provided that Elias would add a basement and a new ground floor to the property, with construction scheduled to be completed by July 20, 2011. (Id. at ¶ 25.) Construction commenced on November 1, 2010 as contemplated by the parties, but was not completed by the July 20, ...

Excerpt: ...¶ 2.) Plaintiff Aaronson, Austin, P.A. (“Plaintiff”) is a law firm based in Orlando Florida, practicing consumer law on behalf of aggrieved timeshare owners. (Id. at ¶ 1.) “From and since 2014, … Plaintiff … had an agreement with Defendant” to “advertise online in the search engine operated by … Defendant.” (Complaint, ¶ 3.) Pursuant to that agreement, Plaintiff made payments to Defendant “on a ‘per‐click' basis … und...

Excerpt: ...f financial officer, and sole director of Setty Dental.2 (Complaint, ¶¶ 3‐5 & 11.) Potti “was an agent and/or employee” of Setty and Setty Dental, and performed all relevant actions in that capacity. (Id. at ¶ 6.) “Defendants owned and operated a dental practice located at 1705 Branham Lane Suite B4, San Jose, [California] … .” (Id. at ¶ 14.) In 2015, Defendants decided to market and sell the Practice. (Complaint, ¶ 15.) They ret...

Excerpt: ...in regards to the discrimination, harassment, hostile work environment, and retaliation that I have been subjected to because of my filing of complaints against them. On May 17, 2017, DFEH issued me a “Right to Sue” notice. I worked for [Defendant] from October 2001 through August 2015. In the outline attached to the complaint—which seems to be what Plaintiff perhaps submitted to DFEH—she states she began working for Defendant in 2001 and...

Excerpt: ...��SAC”) states claims for: 1) Violation of Health & Safety Code § 1278.5; 2) Violation of Labor Code §1102.5; 3) Violation of Labor Code §98.6; 4) Violation of Labor Code §6310; 5) Defamation (alleging that false oral statements were made that Plaintiff was caught with a drug bottle in his pocket and then terminated for drug diversion); 6) False Light Invasion of Privacy (based on the same oral statements) ; 7) Disability Discrimination (FE...

Excerpt: ...her, thereby creating a hostile work environment. (Complaint, ¶¶13 – 20.) Plaintiff Aguilar's complaint asserts causes of action for: (1) Sexual Harassment (2) Tortious Termination in Violation of Public Policy (3) Violation of Government Code §12940(k) [Failure to Prevent Sexual Harassment] (4) Failure to Pay Premium Overtime Wages (5) Failure to Provide an Accurate Itemized Wage Statement (6) Waiting Time Penalties (7) Failure to Provide M...

Excerpt: ...natal care concerning a pregnancy which delivered on August 16, 2017. (Complaint, ¶10.) Defendants were negligent, careless, and unskillful in their management of the prenatal, labor, delivery, postnatal phase, including but not limited to the examination, ultrasound evaluations, diagnosis, care and treatment of plaintiff Wu. (Complaint, ¶12.) As a result of defendants' negligence, plaintiff Wu and plaintiff Wu's daughter, plaintiff Olivia Pan ...

Excerpt: ...rst Amended Complaint (“FAC”), BitClave is a private company with its principle place of business in San Jose that developed a blockchain‐based platform called BitClave Active Search Ecosystem, which allows consumers to control when and how they share data with retail companies. (FAC, ¶ 9.) In exchange, consumers earn Consumer Activity Tokens (‘CAT”). (Id.) At the time the company was founded in July 2017, it had two shareholders: Alex...

Excerpt: ...; (3) gender violence; and (4) intentional infliction of emotional distress. After Plaintiff came forward, a number of other women in the industry reached out to her and asserted they had been victims of similar assaults. And so, Plaintiff filed the first amended complaint (“FAC”) asserting the same causes of action against Defendant, but additionally alleging: After this lawsuit was filed, other women approached [Plaintiff] to share their ex...

Excerpt: ...t's father, Alphonse Peters (“Peters”). (Ibid.) In 2000, Plaintiff and Defendant got married. (Complaint at ¶ 6.) The parties did not have a prenuptial agreement. (Ibid.) In 2004, the parties purchased the townhouse from Peters. (Id. at ¶ 7.) The down payment consisted of rental money the parties had paid to Peters from 1998 to 2004. (Ibid.) Both parties did not have the financial resources to buy the house themselves. (Id. at ¶ 8.) The pa...

Excerpt: ...ONS COMPANY L.P. a Virginia limited partnership; and DOES 1 to 10 inclusive, Defendants. Case No. 2018‐1‐CV‐323955 TENTATIVE RULING RE: MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT The above‐entitled action comes on for hearing before the Honorable Thomas E. Kuhnle on June 14, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action arising out of var...

Excerpt: ...nt accordingly. Isaacson now brings a motion for reconsideration of the May 2nd order and a motion for leave to intervene. The motion for reconsideration is opposed by both AFOP and plaintiff Stephen Bushansky, while the motion for leave to intervene is unopposed. I. Motion for Reconsideration In his motion for reconsideration, Isaacson contends that the Court's “reduction in the award of attorneys' fees” to class counsel in the May 2nd order...

Excerpt: ...d overtime wages, her wage statements failed to identify the accurate rates of overtime pay and the accurate total hours worked as required by the Labor Code. (Ibid.) Based on these allegations, plaintiff brings a putative class claim under Labor Code section 226 and a representative claim under the Private Attorneys General Act (“PAGA”). Plaintiff now moves to certify the alleged class of “all current and former California non‐ exempt em...

Excerpt: ...ues its tentative ruling as follows: I. INTRODUCTION This is a putative class action arising out of various alleged Labor Code violations brought by plaintiffs Wade Shumway (“Shumway”) and Johanna Tovar (“Tovar”) (collectively, “Plaintiffs”). According to the allegations of the Second Amended Class Action Complaint (“SAC”), filed on April 2, 2019, defendant Intuit, Inc. (“Defendant”) has a program of unlawfully rounding employ...

Excerpt: ...y of 2017. (Complaint, ¶ 8.) She alleged that SIS failed to compensate her and other putative class members for time spent cleaning and maintaining their uniforms and associated expenses, and issued their final wages in the form of an ATM card that triggered fees upon use, was not fully cashable, and could not be used at all financial institutions. (Id. at ¶ 18.) Based on these allegations, plaintiff brought claims for (1) violation of Labor Co...

Excerpt: ...her, thereby creating a hostile work environment. (Complaint, ¶¶13 – 20.) Plaintiff Aguilar's complaint asserts causes of action for: (1) Sexual Harassment (2) Tortious Termination in Violation of Public Policy (3) Violation of Government Code §12940(k) [Failure to Prevent Sexual Harassment] (4) Failure to Pay Premium Overtime Wages (5) Failure to Provide an Accurate Itemized Wage Statement (6) Waiting Time Penalties (7) Failure to Provide M...

Excerpt: ...pine surgery to patients suffering from spinal injuries and/or conditions. (FAC, ¶ 1.) Anthem Blue Cross sponsors and administers health plans. (Id., ¶ 2.) Defendant CIFW is a voluntary employees' beneficiary association which pays for hospital, medical, vision, drug and dental claims incurred under the terms of the CIFW's plan with its participants. (Id., ¶ 3.) Plaintiff does not have any agreement, partnership and/or contract with any manage...

Excerpt: ... customize and resell fiber‐optic thermal sensors and nondispersive infrared sensors to the ten companies specified in their value‐added reseller agreement (the “Agreement”). Lumasense purportedly reverse engineered and misappropriated Plaintiff's trade secrets in the process. Plaintiff asserts causes of action against Lumasense for: (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) intentional...

Excerpt: ...al area for a spine surgery to be performed by plaintiff CSNI on behalf of patient “G.H.” would be paid. (Second Amended Complaint (“SAC”), ¶BC‐1.) The UCR in the geographical area of plaintiff for the services rendered on behalf of defendants' insured patient is $93,500. (SAC, ¶BC‐4.) Defendants agreed to pay 60% of the UCR, or $56,100. (Id.) Defendants paid $13,735.80. (Id.) Defendants failed to pay $41,539.89. (SAC, ¶¶BC‐2 an...

Excerpt: ...intiff fails to demonstrate he is entitled to a protective order. First, he does not clearly and consistently identify the nature and scope of the protective order he seeks. In the caption of his combined notice and motion, he states he seeks an order limiting the scope of discovery, restricting the extent or use of a discovery method, and appointing a discovery referee. Yet, in the body of this same document he states “by way of an example onl...

Excerpt: ...og, D.O. (“Plaintiff”) and move to strike portions contained therein. I. Factual and Procedural Background This is an action for breach of contract and intentional infliction of emotional distress, among other things. According to the allegations of the FAC, Plaintiff began her affiliation with Stanford in 2009 when she served as a member of the Emergency Medical Services Fellowship though the Department of Emergency Medicine of the Stanford ...

Excerpt: ...d for and obtained a line of credit from Plaintiff with the issuance of a credit card. Defendant subsequently utilized the card but failed to make all payments due on the amounts owed. Wells Fargo filed the instant motion on March 11, 2019. Defendant filed a late opposition on May 31, 2019. II. Plaintiff's Motion for Summary Judgment A. Legal Standard The party moving for summary judgment bears the initial burden of production to make a prima fac...

Excerpt: ...natal care concerning a pregnancy which delivered on August 16, 2017. (Complaint, ¶10.) Defendants were negligent, careless, and unskillful in their management of the prenatal, labor, delivery, postnatal phase, including but not limited to the examination, ultrasound evaluations, diagnosis, care and treatment of plaintiff Wu. (Complaint, ¶12.) As a result of defendants' negligence, plaintiff Wu and plaintiff Wu's daughter, plaintiff Olivia Pan ...

Excerpt: ...nt (“FAC”), Plaintiffs' unit is in a complex with defective drain, plumbing, and waste‐ management systems.1 Their toilet overflowed repeatedly and a sewage pipe burst in their living room, spraying them from above as they watched a movie. Plaintiffs contacted CIMS many times, but it consistently refused to hire a plumber or assist them with cleanup. Plaintiffs persisted, and CIMS eventually scheduled a plumber; but, the plumber never showe...

Excerpt: ...seeking relief from the requirement of posting a bond or undertaking has the burden of proof to show entitlement to such relief. (C.C.P. § 995.240.) There is no abuse of discretion in a court's refusal to waive appeal bond where no showing of indigency or unsuccessful attempt to obtain bond is made by the presentation of admissible evidence. (See Williams v. Freedomcard, Inc. (2004) 123 Cal.App.4th 609, 614‐615.) Defendant has presented no evi...

Excerpt: ...FAC”), ¶ 5.) “Konverti facilitates exchanges of small amounts of currency.” (Ibid.) “These transactions typically involve small amounts that someone would need coming into a country or would want to get rid of going out of a country.” (Ibid.) The identities of Konverti users are vetted through Defendant's identity management system. (Id. at ¶ 6.) “Konverti users are tracked with their Apple IDs while using Konverti.” (Ibid.) Plain...

Excerpt: ...y, “Defendants”). Plaintiff alleges Defendants' payment of $2,009.93 was insufficient and seeks to recover $24,810.27, which is a portion of the $50,700 it billed for its services. In Plaintiff's original complaint, it alleged an Anthem representative warranted that it would be reimbursed for surgical services based on the reasonable and customary value of those services and not at the discounted rate received by in‐network providers. (Comp...

Excerpt: ..., ¶ Prem.L‐1.) The City and defendant County of Santa Clara (collectively, “Defendants”) allegedly owned the public property on which the dangerous condition existed. (Complaint, ¶¶ Prem.L‐1 & Prem.L‐4.) Defendants breached their duty to Plaintiff “by failing to address, alleviate, remove and/or remedy the dangerous condition on [their] premises, and by failing to warn people, including Plaintiff, of the presence of such a dangerou...

Excerpt: ...redit Management, Inc. (“MCM”) in its collection and enforcement activities.1 (Id. at ¶ 4.) On October 2, 2013, Midland filed a collection action against Melanie Barr (“Ms. Barr”) in Santa Clara County Superior Court (case no. 2013‐1‐CV‐254015). (Complaint at ¶ 15.) Midland allegedly purchased a defaulted credit card agreement from Wells Fargo Bank. (Id. at ¶ 16.) Midland sued Ms. Barr for the total amount of $20,112.67. (Ibid.) ...

Excerpt: ...or owner of record unless the requirements of Section 405.22 are met for that party or owner and a proof of service in the form and content specified in Section 1013a has been recorded with the notice of pendency of action.” (CCP § 405.23.) The Court finds that Plaintiff did not comply with this service and notice requirement. Certainly Plaintiff knew that Paul Greenfield was adverse, as he was the first named defendant in the original complai...

Excerpt: ... Camino Real, Sunnyvale, California. (Complaint, pp. 1:15‐18 & 2:8‐11.) On December 30, 2016, Plaintiff stopped by Patio Bar where she was allegedly “harassed, hassled, stressed, beleaguered and threatened by the Bar Employees and was kicked and harmed physically.” (Id. at p. 2:8‐17.) Plaintiff alleges that she was denied service and her civil rights were violated by Patio Bar's manager and employees. (Id. at p. 2:14‐28.) Based on the...

Excerpt: ... California (the “Property”) and Plaintiff was the caretaker of it. Defendant approached Plaintiff in 2004 and suggested he rent the Property at an above‐market price for twelve years, at which point Defendant would convey it to him. Plaintiff agreed and made every payment for twelve years. However, Defendant never intended to convey the Property to him; he only wanted to induce Plaintiff to pay the above‐market price in rent. When Plaint...

Excerpt: ...m for Camila Alvarez (“Alvarez”), a minor (collectively, “Plaintiffs”). I. Factual and Procedural Background This is an action for wrongful death and negligence. According to the allegations of the operative complaint (“Complaint”), on June 20, 2015, plaintiff Garcia was a passenger in a vehicle being driven by Aldo Alvarez (the “Decedent”) southbound on Capitol Avenue in San Jose. (Complaint, ¶ 15.) While at the intersection of ...

Excerpt: ...d for and obtained a line of credit from Plaintiff with the issuance of a credit card. Defendant subsequently utilized the card but failed to make all payments due on the amounts owed. Wells Fargo filed the instant motion on March 11, 2019. Defendant filed a late opposition on May 31, 2019. II. Plaintiff's Motion for Summary Judgment A. Legal Standard The party moving for summary judgment bears the initial burden of production to make a prima fac...

Excerpt: ...eclaratory Relief and 2) Interference with Prospective Economic Advantage. The Complaint alleges that Plaintiff is a California resident and that in early 2010 Defendant solicited him to work for it in California “as a sales representative employed from his home located on Bryan Avenue, in San Jose, California. Plaintiff was employed to call on prospective customers throughout the United States, including within the State of California, using h...

Excerpt: ..., and Chun had a company debit card and credit card for that purpose. (FAC, ¶ 15.) In February 2014, Plaintiff's accountants discovered banking transactions that appeared to involve Chun's personal expenses rather than business expenses. (FAC, ¶ 15.) Chun admitted he had not maintained his own bank account and used the company debit card for personal expenses. (FAC, ¶ 15.) Chun's partners subsequently discovered additional unauthorized purchas...

Excerpt: ...s are necessary to fully try the case on the merits and since the instant case is at the middle stage of litigation, there will be no prejudice to Defendant Yama Marifat (“Defendant”). The motion is opposed by Defendant. In his opposition papers, Defendant makes the following arguments: (1) Plaintiff's attempt to amend for a second time is based solely on an attempt to avoid liability under CCP Section 128.7 and not based on newly discovered ...

Excerpt: ...1) unpaid wages – failure to pay commissions; (2) unlawful wage deductions; (3) breach of contract; (4) breach of implied covenant of good faith and fair dealing; (5) failure to reimburse an employee for business expenses; (6) unfair business practices; (7) waiting time penalties; and (8) failure to provide accurate wage statements. Thereafter, DealerCMO filed the operative first amended cross‐complaint (“FACC”) against Wilder. According ...

Excerpt: ... includes three consolidated cases – Munn v. Gacek, et al., Case No. 2018‐1‐CV‐328139; Palkon v. Ahmad, et al., Case No. 2018‐1‐CV328572; and Assetta v. Rau, et al., Case No. 2019‐1‐CV‐343607. The consolidated action is brought on behalf of Quantum Corp., a Delaware corporation, for breach of fiduciary duty, unjust enrichment, abuse of control, gross mismanagement, and corporate waste. The parties have reached a settlement. Lead...

Excerpt: ...t 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action arising out of various alleged Labor Code violations. According to the allegations of the Fourth Amended Class Action Complaint (“4AC”), filed on May 9, 2019, plaintiff Jose Melvin Alvarado (“Plaintiff”) worked for defendant Timberworks Construction, Inc. (“Defendant”) as a laborer from March 2013 to December 2014. (4AC, ¶ 6.) P...

Excerpt: ... 180413 TENTATIVE RULING RE: CONTINUED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT This Document Relates To: ALL ACTIONS. The above‐entitled action comes on for hearing before the Honorable Thomas E. Kuhnle on May 24, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a certified class action arising out of a merger between McAfee and Intel. The parties have reached a...

Excerpt: ...LE CONSOLIDATED SECOND AMENDED CROSS‐COMPLAINT The above‐entitled action comes on for hearing before the Honorable Thomas E. Kuhnle on May 24, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This case arises out of the Silicon Valley Berryessa Extension Project (the “Project”), a 10‐mile extension of the BART rail line south from Warm Springs to Berryessa. (First Amended Complain...

Excerpt: ...he Coffee Bean and Tea Leaf when she fell and suffered severe injuries while using the restroom. (First Amended Complaint [“FAC”] at ¶ 10.) The condition of the floor in the restroom caused Plaintiff to fall. (Ibid.) Plaintiff alleges that defendants occupied and controlled the subject premises. (Id. at ¶¶ 11, 17.) Plaintiff claims defendants were negligent by failing to use reasonable care to keep the property in a reasonably safe conditi...

Excerpt: ...e authority to order that a record be filed under seal only if it expressly finds facts that establish: 1. there exists an overriding interest that overcomes the right of public access to the record; 2. the overriding interest supports sealing the record; 3. a substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; 4. the proposed sealing is narrowly tailored; and 5. no less restrictive means ex...

Excerpt: ...ex Assurance Group, Inc. They initially wired $75,000 to an escrow agent, namely defendant Gregory L. Davis (“Davis”). They subsequently wired an additional $175,000, which was deposited with Swiss Monex Global, AG in the Bahamas. They had to take out a home‐equity loan to secure the $175,000 payment. By September 2017, Yuan had not returned the $250,000 they fronted for the transaction. In September 2018, Yuan executed a promissory note in...

Excerpt: ...rse (“RN”) for Good Samaritan Hospital in Northern California in March 2017. (SAC, ¶ 11.) Plaintiff worked at Good Samaritan until July 2017 and considered himself an employee of Good Samaritan during that time. (Id., ¶¶ 14‐20.) On July 19, 2017, Plaintiff received a letter from Advanced Med informing him that his employment relationship with Good Samaritan was being terminated following an incident between Plaintiff and a Respiratory Th...

Excerpt: ... September 1, 2015, on Interstate 280 in Campbell. Plaintiff sets forth no charging allegations against Allstate but acknowledges that she is suing Allstate because it insured Aboud. Plaintiff's complaint, which was filed on January 24, 2018, asserts a single cause of action against the defendants for “general negligence.” II. Procedural Background On February 22, 2018, Aboud filed a demurrer to the complaint, which was scheduled for hearing ...

Excerpt: ...nts County of Santa Clara (“County”), JP Dinapoli Companies, erroneously sued as Dinapoli Companies & Ruwan (“Dinapoli”) and D&D Ranch (“D&D”) (collectively, “Defendants”), where she slipped on the floor of the premises, injuring herself. (See complaint, ¶ Prem L‐1, p.4.) On October 3, 2016, Plaintiff filed a form complaint against Defendants, asserting a cause of action for premises liability with counts for: 1) Premises liabi...

Excerpt: ...owed to Plaintiff under a consulting contract with the District which called for Plaintiff to aid the District in getting the proper documentation to support mandated cost claims to be filed with the State. The operative First Amended Complaint (“FAC”) filed October 18, 2017 alleges that Plaintiff and District entered into a contract whereby Plaintiff was to prepare and maintain documentation for District. This documentation would eventually ...

Excerpt: ...wagen Group of America, Inc. (“Volkswagen”) undertook to preserve or maintain the utility or performance of Plaintiff's vehicle or to provide compensation if there was a failure in such utility or performance. (Id. at ¶¶ 9, 17.) The sale of the vehicle included an express warranty guaranteeing the subject vehicle was safe to drive and not equipped with defective parts, including the engine, electrical, and suspension. (Id. at ¶ 47.) The sa...

Excerpt: ...bruary 6, 2019 the Court ordered this case consolidated with an unlawful detainer action (case no. 18CV337024) between the same parties, but brought by Defendant Abpikar against Plaintiff. In that unlawful detainer action, Defendant Abpikar was represented by attorney Daniel T. Paris until Mr. Paris's motion to be relieved as counsel was granted by the Court in the unlawful detainer action (Hon. Overton) on January 31, 2019, before the action was...

Excerpt: ... her complaint in this Court without frustrating the automatic stay as to Group One Construction, Inc. And since there is no trial date set, allowing the amended complaint would not unduly the case. 2. But the Court should not permit a futile amendment. One way an amended complaint is futile is if there is a statute of limitation defense obvious from the face of the amended complaint. “The general rule is that an amended complaint that adds a n...

Excerpt: ...anning Jiang (“Jiang”) is an attorney licensed in the State of California. (First Amended Complaint [“FAC”] at ¶ 1.) Defendant James Cai (aka Jingming Cai) is also an attorney licensed in the State of California and the owner of defendant SAC Attorneys LLP, a limited liability partnership (collectively, “Defendants”). (Id. at ¶¶ 2‐3.) Defendants had previously represented an entity known as Chuangjia International Co. dba as TX T...

Excerpt: ...equest for productions of documents, set one A. Background of the discovery dispute On November 27, 2018 Plaintiff propounded the requests for production of documents (“RFPDs”) that are the subject of the current motion on Defendant via regular mail. (See Declaration of Plaintiff's Counsel Frank Mayo (“Mayo Decl.”) at ¶2 & Ex.1.) Defendant's responses were sent to Plaintiff on January 16, 2019 via regular mail. Plaintiff responded by sen...

Excerpt: ...ne 2016, defendant Wen Fang Wang (“Wang”) approached plaintiff X. Young Lai (“Lai”) for legal representation in her divorce case. (First Amended Complaint (“FAC”), ¶8.) With respect to her financial condition, defendant Wang represented to plaintiff Lai that (1) she received no distribution of assets before separation; (2) she has no funds to retain an attorney for her divorce; (3) she was in arrears of her rent and had insufficient ...

Excerpt: ...M”), owners of real property known as the Vallco Fashion Mall located at 10123 North Wolfe Road in Cupertino (“Subject Property”), to exclusively represent VSM in connection with the sale of the Subject Property. (SAC, ¶¶7 – 8.) On or about August 2, 2011, VSM and plaintiff Nguyen entered into an exclusive right to sell agreement entitled “Owner‐Broker Agreement‐Vallco Shopping Center” (“Listing Agreement”). (SAC, ¶9.) Purs...

Excerpt: ...sponsive to the RPD, and an award of monetary sanctions. Factual and Procedural Background This is a personal injury action. On October 2, 2015, Salvador and his minor children (collectively, “Plaintiffs”) went to defendant California Great America (“Great America”), which does business as an amusement park. (Complaint, ¶¶ 1‐2 & 8.) “While at the park, the family rode on the ride called: ‘Snoopy Space Ride' and/or ‘First Beagle ...

Excerpt: ...as a failure in such utility or performance. (Complaint, ¶8.) The Vehicle was delivered to Plaintiff with serious defects and nonconformities to warranty and developed other serious defects and nonconformities to warranty. (Complaint, ¶9.) On March 26, 2018, Plaintiff commenced this action by filing a complaint against defendant Toyota which asserts causes of action for: (1) Violation of the Song‐Beverly Act – Breach of Express Warranty (2)...

Excerpt: ...erships”). (See complaint, ¶¶ 6, 19.) The lone members of PAV JAM are plaintiff Julie A. Pavlina San Giorgio (“Plaintiff”) and Stephen J. Pavlina, Jr. (“Stephen”), who each hold a 50% ownership interest. (See complaint, ¶ 19.) Stephen is the manager for PAV JAM. (See complaint, ¶ 20.) During and as a result of Stephen's management of limited partnership asset The Remington Grove Apartments, Stephen, PAV JAM, Jam Limited Partnership ...

Excerpt: ... summons and complaint in this action was effectuated on Defendant on January 8, 2019 via substitute service. On February 15, 2019, Defendant filed the instant motion to quash service of the summons and complaint on the ground that proper service on her of the foregoing items was not made. Plaintiff opposes the motion. II. Defendant's Motion to Quash Service of Summons Defendant moves to quash service of summons pursuant to Code of Civil Procedur...

Excerpt: ...plaint against Nano, Nano's CEO defendant XiangZhen Qi (“Qi”), and Nano's CFO defendant Qi Jiang, alleging causes of action for: (1) breach of contract; (2) breach of implied covenant of good faith and fair dealing; (3) fraud and deceit; (4) negligent misrepresentation; (5) negligence; (6) conversion; (7) breach of contract; (8) breach of implied covenant of good faith and fair dealing; and (9) conversion. Thereafter, Nano filed a cross‐ co...

Excerpt: ...d for defendant Vive Sol, Inc. (“VSI”) as a hostess/ food server. (Complaint, ¶9.) Defendant Hector Sol is the owner of defendant VSI and was Plaintiff's boss. (Complaint, ¶7.) Defendant Jaime Alor (“Alor”) was Plaintiff's supervisor. (Id.) Defendants Gerardo Mejia and Mario Herrera Ramirez (erroneously sued as Mario LNU (last name unknown); hereafter, “Ramirez”) were Plaintiff's co‐workers. (Id.) Plaintiff was sexually harassed, ...

Excerpt: ...f Pasha and Mahjabeen Pasha (collectively, “Plaintiffs”) and move to strike portions contained therein. I. Factual Background This is an action for fraud and violations of the California Homeowners' Bill of Rights (the “HBOR”), among other things, arising out of the foreclosure of a residential property located in Santa Clara (the “Subject Property”). According to the allegations of the operative FAC, on September 14, 2005, Plaintiffs...

Excerpt: ...e 2.550(d) [stating that the court must make the following express factual findings before granting leave to file records under seal: (1) an overriding interest overcomes the public's presumptive right of access to court records, (2) that interest supports sealing the records, (3) a substantial probability exists that the overriding interest will be prejudiced if the records are not sealed, (4) the proposed sealing is narrowly tailored, and (5) n...

Excerpt: ...pacity. (Complaint, ¶ 8.) Like other employees, plaintiff was required to routinely work overtime hours and was paid overtime wages. (Id. at ¶ 23.) He also earned non‐discretionary remuneration in the form of shift differential pay, which was not factored into his regular rate of pay for purposes of paying overtime. (Ibid.) Consequently, plaintiff's overtime wages were underpaid, and his wage statements were inaccurate as a result. (Ibid.) Hi...

Excerpt: ...n San Jose. (First Amended Class Action Complaint (“FAC”), ¶ 8.) Her employment ended on December 3, 2017. (Ibid.) She alleges that defendants failed to pay employees minimum wages for all hours worked, failed to pay minimum wages for missed meal and rest periods, and failed to provide accurate itemized wage statements. (Id. at ¶ 20.) Plaintiff, for example, was paid $9.10 per hour although the minimum wage became $10.50 per hour on January...

Excerpt: ...he above‐entitled action comes on for hearing before the Honorable Thomas E. Kuhnle on May 3, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a shareholder derivative action. According to the allegations of the Verified Shareholder Derivative Complaint (“Complaint”), filed on February 18, 2016, on October 31, TENTATIVE RULING RE: MOTION FOR FINAL APPROVAL OF DERIVATIVE SETTLE...