Excerpt: ... 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 regarding May 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Orders on Discovery Motions of Plaintiff And Requests for Monetary Sanctions. l. Statement of Facts. Plaintiff Mary Anderson was employed by defendants at their San Jose location for about 2 years. She a...

Excerpt: ...his interest in 360 IT Professionals, Inc. ("360") and US IT Solutions, Inc. ("UIS") (collectively, "the Companies") for $5 million to be paid as $800,000 in cash paid at closing, $150,000 to be paid at closing from the Companies' cash on hand, $2,200,000 in the form of a promissory note ("Note") and $2,850,000 from the accounts receivable of the Companies with $650,000 of the unbilled accounts receivables and $2,200,000 from the billed accounts ...

Excerpt: ...ined to grant preliminary approval, but first, Plaintiff must provide a full valuation of all the claims alleged in the complaint, and the parties must meet and confer about amending the release to make it clear that it is limited to claims based on the facts at issue here. Plaintiff must also provide an update on whether there has been any discussion of the settlement with plaintiff's counsel in two related actions #nding in this Department. l. ...

Excerpt: ...n the complaint is barred because the purpose ofthe lease was "deemed illegal by the City of San Jose." • In '1 10, changing Anatomage's admission that it "terminated its Lease due [tol the Landlord's improper and unlawful conduct" to an admission that it "vacated Suite 100 of the subject Premises after being served with Plaintiff's Notice to Cure or Quit dated September 19, 2019, and thereafter vacated Suites 650 and 700 .. . due [tol the Land...

Excerpt: ...y is where Mummah resided at the time of commencement of the acton. On April 22, 2022, Li filed the operative first amended complaint for declaratory relief ("FAC"). On September 2, 2022 Mummah filed: 1. Answer to the FAC; and 2. Cross-complaint for Violation of Federal and California Fair Debt Collection Practices Acts ("FDCPA") ("cross-complaint"). The cross-complaint names Li's attorney, Scott A. Flaxman, as cross-defendant. On March 5, 2023, ...

Excerpt: ...ther Marson Blair Hull, Jr. transferred the Property to Jeffrey and Jeffrey's younger sister, Courtney Hulll "not as joint tenants, but as tenants in common." (Complaint, Ex. 3; Plaintiff's Separately Bound Exhibits ("PS8E", Ex. A.) The Grant Deed from Blair to his two children was recorded. Jeffrey and Courtney formed Montevina Road LLC (the "LLC") on November 19, 2018. (PSBE, Ex. C.) Jeffrey's and Courtney's signatures appear on the LLC agreeme...

Excerpt: ...ssed below, the Court is GRANTS Plaintiff's motion. l. BACKGROUND As alleged in the operative complaint, Defendant is a manufacturer of medical imaging machines, chiefly mammography machines, and provides maintenance and repair services related to its machines throughout the U.S.A. and California. (Second Amended PAGA Representative Action Complaint ("SAC"), '1 11.) Plaintiff was a non-exempt employee at Defendant's Santa Clara location, and bega...

Excerpt: ...ntiffs filed a class action in the U.S. District Court for the Northern District (the "Federal Action") on behalf of themselves and other similarly situated former employees who worked for Alta for failing to comply with the federal Worker Adjustment Retraining Notification Act ("WARN Act") (29 U.S.C. S 2101, et seq.) and the state equivalent (Labor Code S 1400, et seq.). (Complaint, 1.) Class certification was granted in the Federal Action in Ma...

Excerpt: ...pired on January 31, 2023. (Comp'. at '16.) It further alleges that the expired tenancy was exempt from the Tenant Protecton Act of 2019 under two provisions: (1) Civil Code section 1946.2, subdivision (a) (stating in pertinent part that the Act only applies "after a tenant has continuously and lawfully occupied a residential real property for 12 months"), and (2) Civil Code section 1946.2, subdivision (e)(4) (stating that the Act does not apply ...

Excerpt: ...ction against the City of Gilroy, the County of Santa Clara, Santa Clara Transportation Authority (collectively, "Roadway Defendants"), Brian Omar Sanchez Ayala ("Ayala"), and Does 1 through 100 (collectively, "Defendants"). According to the FAC, on or around January 9, 2022, Decedent was a lawful pedestrian walking home on or near Monterey Road in Santa Clara County, California after being transported and dropped off at the bus stop on Monterey ...

Excerpt: ...nal and still-operative form complaint on December 3, 2019, and it states two causes of action: (1) General Negligence, and (2) Premises Liability. There are no exhibits attached to the complaint. The complaint refers collectively to the "Defendants" and does not make any distinction between DL Bar and La Senda. The only narrative portions of the complaint are attachments for General Negligence and Premises Liability. The first of these (the Gene...

Excerpt: ...January 20, 2022, sets forth causes of action for: (1) Failure to Provide Required Meal Periods; (2) Failure to Provide Required Rest Periods; (3) Failure to Pay Overtime Wages; (4) Failure to Pay Minimum Wages; (5) Failure to Pay All Wages Due to Discharged and Quitting Employees; (6) Failure to Maintain Required Records; (7) Failure to Furnish Accurate Itemized Wage Statements; (8) Failure to Indemnify Employees for Necessary Expenditures Incur...

Excerpt: ...laint, which set forth a single cause of action for Violation of California Labor Code S 2698, et seq. (California Labor Code Private Attorneys General Act of 2004). The parties have reached a settlement. Plaintiff moved for approval of the PAGA settlement. On March 29, 2023, the court continued the moton for approval of PAGA settlement to May 17, 2023. The court explained that Plaintiff had not met his burden to show that the settlement is fair ...

Excerpt: ...e following causes of action: (1) Failure to Pay All Minimum Wages; (2) Failure to Pay All Overtme 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 have reached a settlement. Plaintiffs Erlinda Reyes and Jaz...

Excerpt: ...Penalties Pursuant to Labor code" 201, 202, 204, 226(a), 226.7, 246, 248.2, 248.5, 248.5, 510, 512, 1174, 1174.5, 1194, 1197, and 1197.1 and Pursuant to Labor Code S 2599(a) for Violations of Labor Code SS 225.3 and 558. The parties have reached a settlement of the PAGA claim. Plaintiff Anthony Batista ("Plaintiff") now moves for approval of the settlement. The motion is unopposed. X. LEGAL STANDARD Under PAGA, an aggrieved employee may bring a c...

Excerpt: ...o Provide Meal Periods of Pay Meal Period Premiums (Labor Code SS 204, 223, 226.7, 512 and 1198); (2) Failure to Authorize and Permit Rest Breaks or Pay Rest Break Premiums (Labor Code SS 204, 223, and 226.7); (3) Failure to Pay Overtime Wages (Violation of California Wage Order and Labor Code SS 204, 223, 510, 1194, 1197 and 1198); (4) Failure to Provide Accurate Itemized Wage Statements (Labor Code S 225); (5) For Waiting Time Penalties (Labor ...

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: ...ourt GRANTS Cisco motion. The court also finds that Cisco has demonstrated "no reasonable likelihood" of Ali's prevailing in this action and that it is therefore entitled to an order that Ali post a security before continuing this litigation. Nevertheless, the court finds no evidentiary basis for the $250,000 requested by Cisco and therefore orders the parties to appear to address the question of the appropriate amount. Code of Civil Procedure se...

Excerpt: ...d not purchase the "Full Driving Capability Package." According to Tesla, Autopilot prov-des numerous warnings and instructions to its users, both in the manual and in the car while the Tesla is in use, making clear that drivers need to keep their hands on the wheel and "be prepared to take over at any time" even while Autopilot is engaged. Tesla also argues that consumers are made aware of Autopilot's limitations in areas where, for example, the...

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: ...) 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: ...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...