Excerpt: ... as to the Fourth Amended Cross-complaint ("4ACC") filed by crosscomplainants TGM, Wright and Iversen (collectively, "Cross-complainants"). Pursuant to California Rule of Court 3.1308, the Court issues its tentative ruling as follows: l. Background A. Factual 1. Complaint This is an action for breach of contract. According to the Complaint, PAPO is the owner of CTC, a real estate development project located in Palo Alto which includes the premise...

Excerpt: ...e of Civil Procedure section 340.1, subdivision (b)(l), does not apply to the conduct alleged here. Accordingly, the court denies the motion. As an initial matter, the court notes that the complaint names three defendants (in addition to Doe defendants): the Church, the Corporation of the President of the Church of Jesus Christ of Latter- Day Saints (the "Corporation of the President"), and Phil Stewart, a former bishop. The motion is unclear, ho...

Excerpt: ...except Exhibit D are records of the superior court. The Court could find no filed pleading corresponding to September 11, 2019. The aforementioned exhibits, A-C and E-l are subject to judicial notice as records of the superior court under Evidence Code section 452, subdivision (d). (See Stepan v. Garcia (1974) 43 Cal.App.3d 497, 500 [the court may take judicial notice of its own file].) But, "while courts are free to take judicial notice of the e...

Excerpt: ... Bernardino County. (See complaint, '1 13.) On June 4, 2016, Defendant refused to comply with a family law court order for the minor child's visitaton with Plaintiff, and the police enforced the order. (ld., at 14.) In June of 2016, Defendant filed a domestic violence claim in San Bernardino Superior Court, but her claim was denied. (ld., at 16.) Defendant's refusal to comply with family court orders and continued until February 2017, when the co...

Excerpt: ...C "Defendants"). Kentfield Property According to the allegations in the First Amended Complaint ("FAC"), in or around April 2017, Plaintiff was solicited by defendants Braegelmann and Tralka, acting on behalf of defendants GCA and Good Steward, regarding construction financing of undeveloped real property known as the Kentfield Property. (See FAC, 11.) Said defendants represented that GCA owned the Kentfield Property and once developed it would b...

Excerpt: ...n July 29, 2019. (See TAC at '1 4.) The original Complaint, the First Amended Complaint ("FAC"), and the Second Amended Complaint ("SAC") all list seven defendants on the caption page: the Board of Trustees of the Leland Stanford Junior University, Jane Duperrault, Lawrence Chu, M.D., Norma Leavitt, Susan Hoerger, Marc Tessier-Lavigne, and Ronald Pearl (collectively, "Defendants"). Darden alleges the following misrepresentations: 1. Job Advertise...

Excerpt: ... opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 08 May 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order On Defendants Planet Auto Wholesale And Planet Auto Self Serve's Demurrer To Plaintiff Teresa Sandra Guandulain's Form Complaint. l. Statement of Facts. On 5 August 2022,1 plaintiff Teresa Sandra Guandulain ("Plaintiff") fi...

Excerpt: ...) and owned and operated by defendant David Shannon Propach ("Propach"). (See complaint, "1 7-11.) When the Yamaha vessel engine was off, Plaintiff saw the ski tow rope float under the boat and reached for the rope when Propach then started the engine. (See complaint, 11-12.) The ski tow mpe was inhaled into the impeller and then wrapped around Plaintiff's hand, pulling her over the port side of the gunwale, causing a traumatic partial amputation...

Excerpt: ... the settlement is in good faith. City of Gran Terrace v. Sup. Ct. (1987) 192 Cal.App.3d 1251, 1261. In determining faith the court considers a number of factors as laid out in Tech-ant, Inc. v. Woodward Clyde Assocs. (1985) 38 Cal.3d 488. As explained in Tech-Bilt, the court should consider the plaintiff's likely total recovery, the settlor's proportionate liability, the amount paid in settlement, the allæation of settlement proceeds among plai...

Excerpt: ...es during the COVID-19 pandemic. As a result, Plaintiffs initiated this action and sought injunctive relief in this Court in October 2020. On November 2, 2020, the Court issued a temporary restraining order, and on November 24, 2020 issued a modified temporary restraining order and preliminary injunction enjoining Calvary from violating restrictions on indoor gatherings and requirements for face coverings and social distancing and from operating ...

Excerpt: ...mplaint in case number 22CV399354 ("the '354 complaint") against Abdolyousefi asserting causes of action for: 1) Fraud; 2) Breach of Contract; 3) Declaratory Relief — Rescission; 4) Declaratory Relief — Contract Terms; 5) False personation/ldentity Theft; 6) Partition and Sale of Real Property; 7) Unjust Enrichment and Restitution; 8) Assault and Battery; 9) Defamation; and 10) Computer Tampering. On May 2, 2023, the Court granted Abdolyousef...

Excerpt: ..., in March 2016, Plaintiff started as a part-time sales consultant for Quantea. (Complaint, '1 19.) During his employment with Quantea, Plaintiff (1) was subject to Quantea's control and direction in connection with the performance of work; (2) performed work that was within the usual course of Quantea's business; and 5 (3) was customarily engaged in an independently established trade, occupation, or business of the same nature as that involved i...

Excerpt: ...hat certain limited discovery is needed in order to oppose the motons. Having reviewed the submissions of the parties, the court grants in part and denies in part the motion to lift the stay of discovery: • Subpoena for documents from Stanford: GRANTED. The court finds that White has shown good cause to obtain documents from Stanford relating to: (1) any complaints of sexual assault against White by the defendants, and (2) complaints of any nat...

Excerpt: ...ts tentative ruling as follows: XIII. INTRODUCTION This coordinated action involves two cases: (1) Jesus Beltran v. Recology South Bay, et al. (Case No. 22CV396584, Santa Clara County Superior Court) ("Beltran"); and (2) Antoine Brooks, et al. v. Recology American Canyon, et al. (Case No. CGC-22-599566, San Francisco County Superior Court) ("Brooks"). The Complaint in Beltran, filed on April 4, 2022, sets forth the following causes of acton: (1) ...

Excerpt: ... Community Hospital of the Monterey Peninsula ("CHOMP") (collectively, "Defendants") pursuant to the California Rosenthal Fair Debt Collection Practices Act, Civil Code sections 1788-1788.33 ("RFDCPA").2 Plaintiff alleges that Defendants sent him a collection letter dated August 2, 2021. (Complaint, 17-19 & Ex. 1.) Defendants allegedly failed to include the notice required by Civil Code section 1788.14, subdivisions (d)(l) and (2) in their first ...

Excerpt: ... plaintiff Mercedes Ibarra ("Plaintiff") on October 13, 2022, sets forth causes of action for: (1) Violation of Cal. Labor Code SS 510 and 1198 (Unpaid Overtime); (2) Violation of Cal. Labor Code SS 226.7 and 512(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 ...

Excerpt: ...tion: (1) Failure to Provide Meal Periods; (2) Failure to Permit Rest Breaks; (3) Failure to Provide Accurate Itemized Wage Statements; (4) Failure to Pay All Wages Due upon Separation of Employment; (5) Violation of Business and Professions Code SS 17200, et seq. ("UCL"); (6) Failure to Reimburse Business Expenses; and (7) Enforcement of Labor Code S 2698 et seq. ("PAGA"). The parties have reached a settlement. Plaintiff Tracee Sheppard ("Plaint...

Excerpt: ...auses of action: (1) Failure to Pay Minimum and Straight Time Wages [Cal. Lab. Code SS 204, 1194, 1194.2, and 1197]; (2) Failure to Pay Overtime Compensation [Cal. Lab. Code SS 1194 and 1198]; (3) Failure to Provide Meal Periods [Cal. Lab. Code SS 226.7 and 5121; (4) Failure to Authorize and Permit Rest Breaks [Cal. Lab. Code SS 226.7]; (5) Failure to Timely Pay Final Wages at Termination [Cal. Lab. Code SS 201-203]; (6) Failure to Provide Accura...

Excerpt: ...January 17, 2023, sets forth the followng causes of action: (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; (5) Failure to Pay Wages Timely During Employment; (7) Failure to Pay All Wages Earned and unpaid at Separation; (...

Excerpt: ...ises Ceja Martinez ("Martinez") (collectively, "Plaintiffs") filed a Complaint for Statutory Violations and Attorneys' Fees against defendants Starz Telecom, Inc., Sammy Dean Wilbur Isaacson, and Joshua Michael Wayn Isaacson (collectively, "Defendants"), which sets forth causes of action for: (1) Violation of the California Labor Code section[s] 218.5, 1194, 1194.2, 1771, 1774, 1810, 1815; (2) Failure to Pay Minimum wages and wage set by Statute ...

Excerpt: ...e. 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 8 May 2023. Please specify the issue to be contested when calling the Court and Counsel. Order on Special Motion to Strike the Seventh and Eighth Causes of Acton in the Complaint by Defendants Lisa Fraser, Ben Abeln, Deana A. Arnold, Erin Asheghian, Ron Bourque, Kevin Grier, Charlotte Khandelwal, Billy Martin, and Lom...

Excerpt: ...d at an RV park owned by Defendant Equity Lifestyle Properties, Inc. ("Equity"), causing him to suffer severe injuries to his left shoulder. Plaintiff initiated this action on October 2, 2019 against Equity and Comco. In June 2021, Plaintiff took Jeff Gipson's deposition. Mr. Gipson is the owner of Comco and was identified as its person most knowledgeable. At that deposition, Mr. Gipson essentially testified that Comco did not remove "any of the ...

Excerpt: ...el; (4) Fraud; (5) Unfair Business Practice[s]; (5) Unjust Enrichment; (7) Money Paid; (8) Accounting; and (9) Conspiracy. She alleged that defendants Wu, Hu and Li were all the alter egos of We Party. We Party brought a demurrer to the original complaint, as well as a motion to strike the complaint's request for punitive damages. Ren, now self-represented, filed oppositions to the demurrer and motion to strike. Ren also filed a motion for leave ...

Excerpt: ...e tentatve ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 08 May 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Moton Of Plaintiff To Compel Defendant To Provide Further Responses To Request For Production Of Documents. l. Statement of Facts. Plaintiff filed this complaint on 19 April 2019.8 In this personal injury action, plaintiff claims she...

Excerpt: ...tion of Kelsey Jeup ("Jeup Decl."), 96; see also, Complaint.) Mr. McKenzie claims Zoom terminated him in retaliation for a medical leave he took during his employment and asserts the following claims: disability discrimination in violation of FEHA, failure to accommodate in violation of FEHA, failure to engage in the interactive process in violation of FEHA, retaliation in violation of FEHA, failure to investigate and prevent in violation of FEHA...