Excerpt: ...7‐2018‐00040481‐CU‐OE‐ CTL) and (2) Gonzales v. Flagship Facility Services, Inc. (Super. Ct. Santa Clara County, No. 17‐CV‐ 316313). The parties oppose the motions to intervene, and Ceron (but not Gonzales) continues to oppose the motion for preliminary approval. I. Factual and Procedural Background Flagship provides janitorial services to clients throughout California. (Complaint, ¶ 9.) Plaintiff alleges that on or about September...

Excerpt: ...Complaint Defendant is headquartered in Milpitas and engages in wholesale food sales and distribution throughout California. (Class Action Complaint, ¶ 4.) Plaintiff alleges that defendant has employed hundreds of individuals in positions that are nonexempt from the payment of minimum and overtime wages, but paid these individuals a set salary regardless of hours worked. (Id. at ¶¶ 5, 15.) He alleges that defendant also “shaved” hours and ...

Excerpt: ...on March 22, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION These are two coordinated cases arising out of alleged Labor Code violations. The Turner case is a putative class action. Turner's Class Action Complaint for Damages, filed on June 11, 2015, in Alameda County sets forth the following causes of action against Defendant TENTATIVE RULING RE: MOTION FOR CLASS CERTIFICATION 2 1 2 3 4 ...

Excerpt: ...ign and/or manufacture, causing damage to the vehicle. As a result, Plaintiff paid the Insured $25,637.61 under its policy of insurance and became subrogated to the rights of the Insured for that amount. Plaintiff asserts the following causes of action against Defendant for subrogation recovery: (1) strict liability in tort; (2) breach of warranty; (3) negligence; and (4) failure to warn. Defendant, a Delaware corporation, moves to quash service ...

Excerpt: ...and Trisynergy Community Management, Inc. (collectively “Defendants”). As alleged in the Complaint, around September 2006, Ortiz was admitted to Amberwood Gardens, a 24‐hour skilled nursing facility owned and/or operated by Defendants. (Complaint, ¶¶ 2‐4, 8, 10, 22, 33.) Ortiz suffered from a number of medical conditions that made her particularly susceptible to falls and injuries, including mental health and addiction issues, breathing...

Excerpt: ...ity or performance of the vehicle, or to provide compensation if there was a failure of such performance. Unfortunately, the vehicle was defective and after several attempts to repair the vehicle, Defendants were unable to repair it, and did not repurchase it, prompting the instant action. On May 16, 2018, Plaintiff propounded a second set of requests for production of documents (“RPDs”) on BMW, to which BMW provided responses on June 20, 201...

Excerpt: ...ctual property and confidential information, and used it to start her own business (Defendant Hallway Healthcare, Inc.) and interfere with Bayhealth's established business relationships. Hall filed a cross‐action and her operative Second Amended Cross‐Complaint (“SACC”) filed January 24, 2018 states claims against Bayhealth, Mercy Wey, Bayhealth's President, and Bill Hwang, its Chief Financial Officer (collectively “Cross‐ Defendants�...

Excerpt: ... was first set for hearing on February 7, 2019 and continued by the Court in order for the Defendants to submit supplemental evidence to support the hourly rates charged and the reasonableness of the time spent. Defendants submitted supplemental evidence on February 13, 2019 as ordered. Code of Civil Procedure section 425.16(c)(1) contains a mandatory fee provision for prevailing defendants: that is, except in circumstances not applicable here, �...

Excerpt: ...s ACE Capital Group (“ACE”), ACEQ Investment Group, Inc. (“ACEQ Investment”), and 230 East Street and Avenue B, LLC (collectively, the “Entities”). According to the allegations in the second amended complaint (“SAC”), ACE originally purchased undeveloped real property in an unincorporated area of the Mojave Desert (the “Property”) for $605,000 in 2006. (SAC, ¶ 20.) One year later, Qin, who was ACE's real estate broker, arrang...

Excerpt: ...ry Institute (“Plaintiff”) in order to alleviate pain caused by a herniated lumbar disc of the spine. (See complaint, ¶ 12.) On June 22, 2018, Plaintiff contacted Blue Cross to verify Patient's eligibility for benefits, and the Blue Cross agent expressly or impliedly assured Plaintiff that Defendants carried the financial responsibility to pay for Patient's anticipated medical care at the reasonable and customary value for such care and not ...

Excerpt: ... authorities submitted by the Defendants, the Court makes the following rulings: The Court finds that by the evidence presented in support of the motion Defendants met their initial burden to demonstrate there is no triable issue of material fact as to essential elements of Plaintiff's claim, and entitlement to judgment on the complaint. In particular, Defendants provided expert testimony to the effect that the conduct of the Defendants did not f...

Excerpt: ...ilation, and air conditioning (“HVAC”) systems. (Compl., ¶ 8.) In 1999, they hired defendant Andrew Osborn (“Osborn”) as an independent contractor to sell these systems to companies in several counties throughout Northern California. (Compl., ¶ 11.) Osborn executed identical independent‐contractor agreements with Specialty and Pacific Coast agreeing that “correspondence, blueprints, quotations, plans, and other written information r...

Excerpt: ...Plaintiff relied, namely: Plaintiff “did not need to worry… that his pre‐marital property in the house after his departure was being damaged or sold or disposed of… because the Court would see to it that his property in the house was secured and safe”; “a Court order she generated would allow him to move back into the residence on July 1, 2011 after an inspection by the personal property arbitrator to verify that his personal premarit...

Excerpt: ..., ¶ 3.) Ladden purportedly served Seitzinger with summons and complaint in the Underlying Action on April 23, 2014 by substitute service on an individual named Dan Martin, 55 years old with gray hair, 5'8” and 170 pounds, the occupant at 7392 Crews Road in Gilroy. (Complaint, ¶ 4.) However, service of process did not occur as described. (Id. at ¶ 5.) The address above is the home of Seitzinger's son, Daniel Seitzinger, but he was not at home...

Excerpt: ...and accompanying papers, the Court issues the following tentative ruling: 1. This Pitchess discovery scheme for discovery of peace officer personnel records applies to civil cases, not just criminal cases. (City of Hemet v. Superior Court (1995) 37 Cal.App.4th 1411, 1423–1424.) The court in Riske v. Superior Court (2016) 6 Cal.App.5th 647, 655–656, captured well the key elements of the process: Good cause for discovery of peace officer person...

Excerpt: ... this motion. Moreover, the motion is not timely, as it was not filed within 45 days from service of the objection to the inspection demand, or at a minimum 45 days from the claimed refusal to allow the inspection, in August of 2018. (See CCP 2031.310(b)(2); 2016.040.) Defendants' motion for “sanctions” is also DENIED, for multiple reasons. Code of Civil Procedure, § 2023.040 states: “A request for a sanction shall, in the notice of motion...

Excerpt: ...t also contained an arbitration clause which Plaintiff contends governs all disputes “arising out of or related to” the Agreement. Plaintiff contends that Defendants wage claims fall squarely within the scope of the arbitration clause because they pertain to compensation owed to Defendants under the Consulting Agreement. Plaintiff argues that Defendants claims through the DSLE must be pursued instead through arbitration with the American Arbi...

Excerpt: ...nt 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative consumer class action brought pursuant to the California Fair Debt Buying Practices Act, Civil Code sections 1788.50‐1788.64 (“CFDBPA”). According to the Class Action Complaint for Statutory Damages (“Complaint”), filed on August 29, 2017, plaintiff Donna Louise Horner (“Plaintiff”) seeks statutory damages against defendant Crown Asset Man...

Excerpt: ...Complaint Defendant is headquartered in Milpitas and engages in wholesale food sales and distribution throughout California. (Class Action Complaint, ¶ 4.) Plaintiff alleges that defendant has employed hundreds of individuals in positions that are nonexempt from the payment of minimum and overtime wages, but paid these individuals a set salary regardless of hours worked. (Id. at ¶¶ 5, 15.) He alleges that defendant also “shaved” hours and ...

Excerpt: ...ployed by defendant as a non‐exempt certified nurse assistant at its facilities and offices in San Jose. (Complaint, ¶ 2.) She alleges that defendant required her and other nurse assistants to perform off‐the‐clock work before and after their shifts, and rounded their time to the nearest quarter hour, to employees' detriment. (Id. at ¶ 3.) Plaintiff and putative class members also were not provided with the opportunity to take timely, uni...

Excerpt: ...es 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 First Amended Class Action Complaint (“FAC”), filed on January 29, 2019, defendant Intuit, Inc. (“Defendant”) has a program of unlawfully rounding employee time to the nearest five minutes, resulting in underpayment of all wages owed. (FAC, ¶ 14.) Intuit also has a p...

Excerpt: ...INTRODUCTION This is a putative class action brought under the Fair Credit Reporting Act (“FCRA”). According to the allegations of the Class Action Complaint (“Complaint”), filed on July 26, 2017, defendants DHI Group, Inc. and Dice Inc. (collectively, “Defendants”) operate a web service called “Dice Open Web” that searches the internet and creates profiles on people based on information scraped from various sources, including soc...

Excerpt: ...7‐2018‐00040481‐CU‐OE‐ CTL) and (2) Gonzales v. Flagship Facility Services, Inc. (Super. Ct. Santa Clara County, No. 17‐CV‐ 316313). The parties oppose the motions to intervene, and Ceron (but not Gonzales) continues to oppose the motion for preliminary approval. I. Factual and Procedural Background Flagship provides janitorial services to clients throughout California. (Complaint, ¶ 9.) Plaintiff alleges that on or about September...

Excerpt: ...erative Complaint and Procedural Background Defendant is a sheet metal design and manufacturing company located in San Jose. (First Amended Complaint (“FAC”), ¶ 5.) Plaintiffs Ronald Balanag and Javier Graciano were employed by defendant as sheet metal printers, painters, and hardware operators at different periods during their employment. (Id. at ¶¶ 11‐12.) Plaintiffs allege that they and other nonexempt employees routinely worked witho...

Excerpt: ... E. Kuhnle on March 8, 2019, at 11:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a shareholder derivative action brought on behalf of Newco Materials Technology, Inc. (“Newco”). (Shareholder's Derivative Complaint (“Complaint”), ¶ 1.) TENTATIVE RULING RE: MOTION TO QUASH 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiffs Howard Cho and Steve Lac...

Excerpt: ...rst amended complaint (“FAC”), Decedent was a commercial semi‐truck driver and operated a 2006 Freightliner truck and 2009 trailer (the “Truck”). (FAC, ¶ 8.) In November 2015, the California Highway Patrol (“CHP”) conducted an examination of the Truck and noted several deficiencies in the braking system including: defective lining on axle #1, leaking and oil contamination on axle #1, and worn brake lining on axle #5. (FAC, ¶ 9.) T...

Excerpt: ... On or about October 26, 2016, Poore hit a pallet containing large and heavy items while he was operating a forklift. As a result, a tire nearly fell on Plaintiff, who then admonished Poore to be more careful in operating the forklift. After Plaintiff turned away, Poore approached him from behind, wrapped his arm around his neck, and began choking him. Plaintiff lost consciousness and fell to the ground. When he regained consciousness, he was on ...

Excerpt: ...��SI”), and for an award of monetary sanctions; and (3) the motion by Plaintiff to compel Kim to provide further responses to requests for production of documents, set one (“RPD”), and for an award of monetary sanctions. Factual and Procedural Background This action arises out of agreements to purchase shares of stock in defendant Chattingcat, Inc. (“Chattingcat”). Kim is the chief executive officer and president and sole director of Ch...

Excerpt: ...and Trisynergy Community Management, Inc. (collectively “Defendants”). As alleged in the Complaint, around September 2006, Ortiz was admitted to Amberwood Gardens, a 24‐hour skilled nursing facility owned and/or operated by Defendants. (Complaint, ¶¶ 2‐4, 8, 10, 22, 33.) Ortiz suffered from a number of medical conditions that made her particularly susceptible to falls and injuries, including mental health and addiction issues, breathing...

Excerpt: ...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 Book Account; and ...

Excerpt: ...Ravi Dronamraju (“Dronamraju”) (collectively, “Defendants”). After a series of demurrers, on June 26, 2017, Plaintiffs filed a third amended complaint (“TAC”). On October 5, 2018, Red Dot filed a cross‐complaint (“XC”) against Buckel and Chalet. The XC alleges that Red Dot is the owner of the property at 140 Alley Way, purchasing the property from Jokipii on July 1, 2015. (See XC, ¶ 8.) Jokipii entered into a tenancy agreement ...

Excerpt: ... 1) Breach of Written Contract; 2) Common Count for Indebtedness for Work, Labor, Services and Materials, and; 3) Foreclosure of Mechanics' Lien. Currently before the Court are two matters: 1) Defendants' demurer to the Complaint's second and third causes of action, and; 2) Defendants' motion to strike certain portions of the Complaint. As an initial matter the Court notes that Defendants have failed to comply with Code of Civil Procedure (“CCP...

Excerpt: ...nce policy. (Complaint, ¶ 3 and Exhibit 1.) Plaintiff had such coverage when she suffered a covered loss of human eyelashes that she had imported from Asia. (Id., ¶ 6.) Plaintiff tendered the loss to GIA, who failed to render a coverage opinion on the claim. (Id., ¶ 10.) GIA's conduct was intended to compel Plaintiff to abandon her insurance claim and absorb the loss herself. (Id., ¶ 15.) As a direct result of Defendants' conduct, Plaintiff m...

Excerpt: ...y based on the assumption the marriage would take place. (Id. at ¶ 8.) In accordance with Hindu custom, the jewelry given was not a gift to the bride but was given to her for the express purpose of passing it on to the next generation. (Id. at ¶¶ 9‐10.) In September 2016, however, Chunduri moved out of the apartment she had moved into with Suri, the marriage did not take place, and they never had any children together. (Id. at ¶¶ 7, 9.) Su...

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: ...(Complaint, ¶¶ 12, 32.) Plaintiff hired Kitchen as a direct hire recruiter. (Complaint ¶ 7.) As a condition of employment, he signed a NDA. (Complaint, ¶ 9.) Among other things, the NDA provides: confidential information learned by an employee is proprietary information that is the exclusive property of Plaintiff; an employee may not use proprietary information for any purpose other than to fulfill his duties to Plaintiff; and an employee sha...

Excerpt: ...ative Second Amended Complaint (“SAC”), on or about June 16, 2014, Paul Alexander Da Silva (“Paul Da Silva”), while acting in the course and scope of his employment by Da Silva Dairy Farms, LP, drove through a red traffic signal directly facing him without braking or swerving. 6 He collided with the vehicle occupied by Holly Wright, Richard Wright III, Jeremy Wright (“Jeremy”), and decedents Ashleigh Wright and Curtis Lanch. As a resu...

Excerpt: ...owned by Langenberg. Per the agreement, Plaintiff was a 15% owner in the company. In the fall of 2016, Langenberg informed Plaintiff that Luke's was in merger discussions and he would receive approximately $3,750,000 from the merger. But later, Langenberg gave Plaintiff conflicting information about the transaction; for example, he stated Plaintiff would only receive $2,089,000. In November 2016, Langenberg gave Plaintiff two signature pages to s...

Excerpt: ...issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action arising out of various alleged Labor Code violations. Plaintiff Lingyu Lu (“Plaintiff”) worked as a charge nurse for defendant Surgical Care Affiliates, LLC (“Defendant”) from April 6, 2015 through October 12, 2015. (Complaint, ¶ 16.) Plaintiff alleges that throughout her employment Defendant engaged in the following violations of the laws of the Stat...

Excerpt: ...s paid at a rate of $9.00 per hour during his employment in 2017, while the applicable minimum wage was $10.50 per hour as of January 1st of that year. (Id. at ¶ 24.) In addition, plaintiff alleges that non‐discretionary commission pay was not included in his regular rate of pay for purposes of calculating his overtime compensation. (Ibid.) Based on these allegations, plaintiff brings class claims for (1) failure to pay minimum wages in violat...

Excerpt: ...n the lead action (the First Amended Complaint or “FAC”), defendant Island Hospitality Management, Inc. provided hotel management services to hotels throughout California until December of 2014, when it converted to Island Hospitality Management, LLC. (FAC, ¶¶ 7‐8.) Among the hotels to which defendants have provided services is the Residence Inn by Marriott in San Jose. (Ibid.) Plaintiff Charmie Ruffy worked for defendants in San Jose as ...

Excerpt: ...as E. Kuhnle on March 1, 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 brought by plaintiff Tabitha Newsom (“Plaintiff”) pursuant to the California Fair Debt Buying Practices Act (“CFDBPA”). According to the Complaint, filed on September 15, 2016, Plaintiff is alleged to have incurred a financial obligation in the form of a consumer credit account ...

Excerpt: ... browse and download Android Apps published by both Google and third‐party developers. (Complaint, ¶¶ 20‐ 22.) Through the Google Play Store, defendant offers digital products including songs, movies, television shows, and periodicals through paid subscriptions that are automatically renewed at the end of a definite term for a subsequent term or that continue until the consumer cancels (“In‐App subscriptions”). (Id. at ¶ 23.) To make...

Excerpt: ...“VSM”), 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.)...

Excerpt: ...erine Martinez (“Plaintiff”) as a “Caregiver” from June 2012 to July 2015. (Id. at ¶¶ 2, 17.) Her duties included visiting clients in their homes and providing assistance with activities for daily living, such as light housekeeping, meal preparation, grocery‐shopping and running errands. (Id. at ¶ 17.) As part of her employment, Plaintiff was assigned to aggressive clients—e.g., those that bite, punch, kick, pull hair and throw phy...

Excerpt: ...rraHash by filing the original complaint in December 2013. In June 2014, after filing the operative second amended complaint, Plaintiffs applied for an order authorizing service of the summons and complaint upon Khan by publication. They omitted an affidavit establishing the existence of a cause of action against Khan, and so the Court informed them that their application was incomplete. Plaintiffs thereafter cured the deficiency in their applica...

Excerpt: ...buted to him suffering post‐surgical complications and losing his right leg to amputation. They falsely promised Plaintiffs that a board certified vascular surgeon would be on standby during the procedure should any complications arise, when in fact one was not. Additionally, they failed to advise Plaintiffs of the true nature of the procedures he performed, failed to fully advise Plaintiffs of the risks and alternatives to the procedures, and ...

Excerpt: ...nia (“Subject Property”). (Complaint, ¶¶ 3, 10.) Phillip, along with John Langton (“John”) and Sara Langton (“Sara”), owned the Subject Property as joint tenants. (Complaint, ¶ 12.) In 1990, John and Sara changed the character of their interest in the Subject Property to community property via an inter‐spousal transfer deed. (Complaint, ¶ 13.) Then, in 1996, they conveyed their interest in the Subject Property to themselves as t...

Excerpt: ...ill operative Complaint by Plaintiffs Mimi Karas Durante and Joseph Durante (“Plaintiffs”), alleged original (minority) shareholders and investors of PF1, states several3 causes of action: 1) “Breach of Contract and Accounting,” 2) “Tortious Breach of Contract and Accounting,” 3) Breach of Fiduciary Duties, 4) Aiding and Abetting Breach of Fiduciary Duties, 5) Conspiracy to Breach Fiduciary Duties 6) Fraudulent Concealment; 7) Constru...

Excerpt: ...round of funding, but that he expected this deferred payment to include compensation for work he performed prior to March 1, 2017. Zhou, however, asserted Plaintiff would start earning a salary on March 1, 2017, and would not receive retroactive compensation for work performed prior to that date. Plaintiff alleges Zhou's refusal to compensate him for all the work he performed constituted a breach of their agreement. He asserts causes of action ag...

Excerpt: ...cided to mortgage the Property. (Id. at ¶ 10.) To this end, Peck obtained a $582,000 mortgage loan from Santander Bank, which was secured by a deed of trust on the Property (the “Santandar Lien”). (Id. at ¶ 10.) Defendants continued to reside together at the Property from 2005 to 2016. (Id. at ¶ 11.) Around June 2016, Plaintiff purchased the Property at a trustee's sale and acquired title subject to the Santander Lien. (Id. at ¶ 12.) This...

Excerpt: ...(Complaint, ¶8.) In correspondence between plaintiff Bukhari and defendant Day Dream, plaintiff Bukhari expected the following treatment: “A classic full body massage that uses soothing techniques to increase circulation, reduce stress, and improve muscle relaxation. This massage is designed to relieve tension found in the deeper tissue layers through slower strokes and more direct pressure.” (Id.) Defendant Evans provided massage treatment ...

Excerpt: ...(the “App”). In 2015, the court granted Defendant's motion for summary judgment in the Georgia Action. Plaintiff alleges the court granted Defendant's motion only because it fraudulently concealed information from Plaintiff preventing her from establishing her claims. For example, Plaintiff alleges Defendant concealed the amount of revenue generated by the App in its response to an interrogatory answer. This allegedly prohibited Plaintiff fro...

Excerpt: ...application. (CCP §§ 484.040, 1005(a)(1), (b).) As there were two court holidays in February, the application was served by electronic service exactly 16 court days before the hearing. Electronic service extends the necessary time for service by an additional two days (CCP §1010.6(a)(4)(b)), and the notice of the hearing was insufficient. A judge may order the issuance of a writ of attachment only if the claim has probable validity (CCP § 484...

Excerpt: ... complaint (“FAC”), ¶¶ 6‐7.) During the warranty period, the vehicle developed defects relating to the vehicle's transmission, power on acceleration, 3‐5 reverse housing and piston, transmission control module, case gasket and seals, pump seals, axle seals, engine, spark plugs, coil pack assembly, the engine control module, accelerator pedal, cooling system, water pump, water pump gasket and thermostat, axle, axle shaft, axle shaft bolt...

Excerpt: ...ver concluded that she was authorized to accept service. (See CCP sec. 2020.220((b)(2).) Somebody at the company later identified Mr. Miller as the PMQ. Mr. Miller refused to agree to attend in the first instance, and would not agree to continue the date. The parties then agreed (without AABC's or Mr. Miller's consent) to continue the date of the deposition to November 8, 2018. Defendant mailed a copy of a revised deposition subpoena, now address...

Excerpt: ...al Background This is an action for breach of contract and common counts. On June 16, 2016, Fathom allegedly entered into a written agreement with Candesant whereby Fathom agreed to perform engineering consulting services and Candesant agreed to pay Fathom for its services (“Consulting Agreement”). (Complaint, ¶ 7 & Ex. A.) “Compensation for the tasks to be performed was set forth in Schedule A” of the Consulting Agreement. (Ibid.) Sched...

Excerpt: ...t is based is one upon which an attachment may be issued; (2) the applicant has established “the probable validity” of the claim upon which the attachment is based; (3) the attachment is not sought for a purpose other than the recovery on the claim upon which the request for attachment is based; and (4) the amount to be secured by the attachment is greater than zero. (CCP § 484.090.) In order to establish the probable validity of its claim, ...

Excerpt: ... Car, he received an express warranty from Defendant; the purpose of the express warranty was to preserve or maintain the Car's utility or performance, or provide compensation in the case of failure to either in a specified period of time. (Id., ¶ 7.) During the warranty period, the Car contained or developed numerous defects including, but not limited to, the following: defects relating to the steering system; impairment of the fuel flow; prema...

Excerpt: ... amended Chapter 11 plan (“Bankruptcy Plan”) which provided that Platinum would pay its various administrative claimants and would then pay its unsecured creditors 60% of their respective claims over time through annual payments of $90,000. (Complaint, ¶11.) In the ensuing years, Platinum made some payments to it unsecured creditors. (Complaint, ¶12.) Some payments included exchanges of trade services to unsecured creditors out of order rat...

Excerpt: ... browse and download Android Apps published by both Google and third‐party developers. (Complaint, ¶¶ 20‐ 22.) Through the Google Play Store, defendant offers digital products including songs, movies, television shows, and periodicals through paid subscriptions that are automatically renewed at the end of a definite term for a subsequent term or that continue until the consumer cancels (“In‐App subscriptions”). (Id. at ¶ 23.) To make...

Excerpt: ...s paid at a rate of $9.00 per hour during his employment in 2017, while the applicable minimum wage was $10.50 per hour as of January 1st of that year. (Id. at ¶ 24.) In addition, plaintiff alleges that non‐discretionary commission pay was not included in his regular rate of pay for purposes of calculating his overtime compensation. (Ibid.) Based on these allegations, plaintiff brings class claims for (1) failure to pay minimum wages in violat...

Excerpt: ...n the lead action (the First Amended Complaint or “FAC”), defendant Island Hospitality Management, Inc. provided hotel management services to hotels throughout California until December of 2014, when it converted to Island Hospitality Management, LLC. (FAC, ¶¶ 7‐8.) Among the hotels to which defendants have provided services is the Residence Inn by Marriott in San Jose. (Ibid.) Plaintiff Charmie Ruffy worked for defendants in San Jose as ...

Excerpt: ...uling as follows: I. INTRODUCTION This case involves a number of actions and cross‐actions involving both active and nominal parties. The primary dispute is between Plaintiff Mark A. Calvano and Defendants Marwood Investors I, LLC (“Marwood”) and Vincent Woo (together, “Defendants”). In 2015, Calvano owned rights to purchase three properties (the “Properties”) in Mountain View, TENTATIVE RULING RE: MOTION FOR CLARIFICATION 2 1 2 3 4...

Excerpt: ...ade no explicit findings about the probable validity of plaintiff's claim, and did not rely solely on that issue to find against plaintiff. 2. Based on the declarations and documents submitted by Plaintiff, the Court finds that plaintiff has established by a preponderance of the evidence the probable validity of his claim. (See § 405.32.) (Defendant Tran's evidentiary objections are overruled.) Defendant Tran provides no actual evidence to the c...

Excerpt: ...ptember 11, 2018 and provided 483 pages of documents of which approximately 444 pages were of the owner's manual.6 Plaintiff Marshall deemed defendant GM's response to RPD deficient. Between October 4, 2018 and December 7, 2018, plaintiff Marshall's counsel met and conferred with defendant GM's counsel regarding the purported deficiencies with defendant GM's response to plaintiff Marshall's RPD.7 As of December 10, 2018, plaintiff Marshall's coun...

Excerpt: ...en to support any of their objections, which were waived in any event, and objections except for attorney client privilege are OVERRULED. The motion to compel further written responses has merit, and is GRANTED. As the responses were late, Defendants are correct that objections were waived, except for attorney client communications. Plaintiffs Randall Shuler and Stackspeed, Inc. shall serve full and complete code‐compliant written responses to ...

Excerpt: ...‐in‐interest to Decedent's estate. (Complaint, ¶1.) Defendant ALGD, LLC dba Stonebrook Health and Rehabilitation (“ALGD”) owned, leased, licensed, operated, administered, managed, directed, and/or controlled Stonebrook Health and Rehabilitation (“Stonebrook”), a skilled nursing facility in Los Gatos. (Complaint, ¶3.) Decedent was a resident of Stonebrook from approximately July 10, 2017 through approximately September 27, 2017. (Com...

Excerpt: ...efendant Rao was initially employed by Ma Labs as a RMA (return merchandise) clerk and subsequently became an account manager (sales) in or about 1994. (SAC, ¶16.) In late February 1995, defendant Rao filed for divorce from her then husband. (SAC, ¶17.) Plaintiff Abraham C. Ma (“Ma”) and Rao married on December 7, 1995. (Id.) After taking business and accounting studies at a local community college, defendant Rao returned to work at Ma Labs...

Excerpt: ...ute arises from Defendant's banning Plaintiff from attending the convention. Defendant does not dispute that on January 4, 2018 it published a statement on its website and social media accounts stating in pertinent part that it had decided to revoke Plaintiff's attending membership and prohibit his presence at the Convention. Defendant stated that it had made this decision because Plaintiff purportedly had “made clear that he fully intends to b...

Excerpt: ...6, 2015. (FAC, ¶ 6.) In connection with the purchase, Plaintiff received an express warranty pursuant to which Defendant was to preserve or maintain the Subject Vehicle's utility or performance, or provide compensation in the case of failure to either in a specified period of time. (Id., ¶ 7.) During the warranty period, the Subject Vehicle contained or developed numerous defects including, but not limited to, the following: defects relating to...

Excerpt: ... under seal on Oct. 24, 2018; (2) Redacted Portions of the Memorandum of Points and Authorities in Support of Edeniq's Motion to Compel Further Responses referenced above; and (3) Redacted Portions of the Separate Statement of Discovery in Dispute in Support of Edeniq's Motion to Compel Further Responses referenced above. A court has the authority to order that a record be filed under seal only if it expressly finds facts that establish: 1. there...

Excerpt: ...s acquisition entity, which centralizes global rights acquisitions and sales. (First Amended Complaint (“FAC”), ¶ 1.) Plaintiff owns the rights to exclusively distribute and broadcast certain sports programs and alleges that defendant Saudi Selevision Company LLC (“Selevision”), who distributed beIN channels in Saudi Arabia from February 2014 to April 2016, when the relationship was terminated, pirated beIN's programming and made it avai...

Excerpt: ...rice 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 Plaintiff demanded that Defendant convey the Property to him, Defendant instead evicted Plaintiff for technical violations of the lease that he had tacitly approved of for ye...

Excerpt: ...able Thomas E. Kuhnle on February 8, 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. Plaintiff Michael Turner (“Plaintiff”) worked for defendants Aemetis, Inc. and Aemetis Advanced Fuels Keyes, Inc. (collectively, “Defendants”) as an hourly‐paid, non‐exempt employee from approximately December 2014 to July 2015 in California. (Complaint, ¶ 18.)...

Excerpt: ...s paid at a rate of $9.00 per hour during his employment in 2017, while the applicable minimum wage was $10.50 per hour as of January 1st of that year. (Id. at ¶ 24.) In addition, plaintiff alleges that non‐discretionary commission pay was not included in his regular rate of pay for purposes of calculating his overtime compensation. (Ibid.) Based on these allegations, plaintiff brings class claims for (1) failure to pay minimum wages in violat...

Excerpt: ...n the lead action (the First Amended Complaint or “FAC”), defendant Island Hospitality Management, Inc. provided hotel management services to hotels throughout California until December of 2014, when it converted to Island Hospitality Management, LLC. (FAC, ¶¶ 7‐8.) Among the hotels to which defendants have provided services is the Residence Inn by Marriott in San Jose. (Ibid.) Plaintiff Charmie Ruffy worked for defendants in San Jose as ...

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 PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT The above‐entitled action comes on for hearing before the Honorable Thomas E. Kuhnle on February 8, 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 o...

Excerpt: ... browse and download Android Apps published by both Google and third‐party developers. (Complaint, ¶¶ 20‐ 22.) Through the Google Play Store, defendant offers digital products including songs, movies, television shows, and periodicals through paid subscriptions that are automatically renewed at the end of a definite term for a subsequent term or that continue until the consumer cancels (“In‐App subscriptions”). (Id. at ¶ 23.) To make...

Excerpt: ...É, BOARD OF ADMINISTRATION OF THE FEDERATED CITY EMPLOYEES' RETIREMENT SYSTEM, DAVID SYKES, IN HIS OFFICIAL CAPACITY AS THE CITY MANAGER OF THE CITY OF SAN JOSÉ, AND DOES 1‐50, Respondents/Defendants. Case No. 17‐CV‐312610 TENTATIVE RULING RE: DEMURRER TO AMENDED COMPLAINT/PETITION The above‐entitled matter comes on for hearing before the Honorable Thomas E. Kuhnle on Friday, February 8, 2019, at 9:00 a.m. in Department 5. The Court now...

Excerpt: ...n 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 area of Plaintiff for a spine surgery to be performed by Plaint...

Excerpt: ...dants Louis P. Barbaccia, Sr. (“Louis”), as trustee of the Louis P. Barbaccia Revocable Inter Vivos Trust dated May 22, 1984, Loubar, LLC (“Loubar”), Vivian Martorana, as successor trustee of the Josephine Pecoraro Trust, and Catherine Pecoraro (“Catherine”) (collectively, “Plaintiffs”) initiated this action against GBR on August 3, 2017. But the relevant facts reach further back in time. In 1960, the parents of Josephine B. Pecor...

Excerpt: ...nitially employed by Ma Labs as a RMA (return merchandise) clerk and subsequently became an account manager (sales) in or about 1994. (SAC, ¶16.) In late February 1995, defendant Rao filed for divorce from her then husband. (SAC, ¶17.) Plaintiff Abraham C. Ma (“Ma”) and Rao married on December 7, 1995. (Id.) After taking business and accounting studies at a local community college, defendant Rao returned to work at Ma Labs on February 21, 1...

Excerpt: ...s that Defendant has failed to comply with Code of Civil Procedure (“CCP”) § 435.5, effective January 1, 2018, which clearly requires a party moving to strike all or a portion of a pleading to file a declaration with such a motion stating their compliance with the meet and confer efforts required by the statute. As a failure to comply with the statute is not by itself a basis for denying the motion (see CCP § 435.5(a)(4)), the Court will pr...

Excerpt: ...f regarding the Plaza's current status and financial value. For instance, Tammy Pham, Tony Ninh, and Kim Pham represented that the Plaza had been appraised for $11 million and was more than 80% leased. (Id. at ¶ 23.) Furthermore, Son Nguyen, Hai Guyen, Tammy Pham, and Kim Pham represented the Plaza would be worth about 30% more than $11 million after construction was completed. (Id. at ¶¶ 25, 45, 54.) Finally, someone provided Plaintiff with a...

Excerpt: ... 1. Super Talent Electronics, Inc. On August 8, 2018, defendant Christine Rao (“Rao”) served plaintiff Super Talent Electronics, Inc. (“STE”) with a notice of deposition for August 23, 2018.2 On August 16, 2018, plaintiff STE served defendant Rao with objections to the notice of deposition.3 On September 10, 2018, defendant Rao served plaintiff STE with an amended notice of deposition for September 25, 2018.4 On September 21, 2018, plaint...

Excerpt: ...struck and injured by a golf cart driven by Simard, an employee of AGC. (Complaint at p. 5.) The Complaint alleges a cause of action against Defendants for motor vehicle negligence and a cause of action against Simard for general negligence. Currently before the Court is AGC's motion for summary judgment or, in the alternative, summary adjudication. Plaintiff opposes the motion and submits written evidentiary objections in support. II. Legal Stan...

Excerpt: ...acy. The third parties then used the money to acquire real property in San Diego and in Palm Springs. The San Diego property was subsequently deeded to defendant 2006 Catalina Fund, LLC by the third party 2006 Catalina LLC for no consideration. The Palm Springs property was later deeded to defendant 574 Mariscal Fund, LLC by third party 574 Mariscal LLC for no consideration. Therefore, both the third parties did not receive the reasonable equival...

Excerpt: ...derlying Lawsuit”) to recover damages from a former employee, Andres Anguiano (“Anguiano”), who gained access to their home and stole $1,300 in cash and medications belonging to Lamb along, with multiple items of jewelry belonging to Williams. The Underlying Lawsuit was also brought against Anguiano's girlfriend, Maria Madrigal (“Madrigal”) and Rosalba Velazquez (“Velazquez”), the owner of a jewelry business who bought the stolen je...

Excerpt: ...ntiff prepared an agreement during the divorce proceedings entitled “Personal Conduct Contract” that provided, in part: 4. Personal Conduct Provisions: The parties agree to be bound by the following personal conduct terms: a. For duration of this contract Ronald shall stay at least 300 yards away from Ruth, Ruth's home and Ruth's place of employment. For the duration of this contract Ronald shall not contact or attempt to contact Ruth by any ...

Excerpt: ...Honda for injuries arising out of a car accident. Paul Da Silva is an owner, partner, employee, and agent of Da Silva Dairy Farms, LP and Da Silva Dairy Management, Inc. Joe Da Silva, who was substituted as Doe #2, is an agent, servant, or employee of other defendants and ratified their actions. On or about June 16, 2014, Paul Alexander Da Silva (“Paul Da Silva”), while acting in the course and scope of his employment by Da Silva Dairy Farms,...

Excerpt: .... As alleged in the Complaint, the defendants made misrepresentations or omissions in disclosures and inspection reports provided to Plaintiffs before they purchased the Property. (Complaint, ¶¶ 12‐19.) These reports included a misleading termite report supplied by Antique in January 2016. (Id. at ¶¶ 12‐13.) Based on these misrepresentations, Plaintiffs bought a house that had many issues, including toxic mold and faulty construction. (Id...

Excerpt: ...eyman iron worker. (Complaint, ¶14.) Plaintiff Englehart and defendant Jeffers were often alone together when they worked on a man lift, sometimes 80 feet in the air. (Complaint, ¶15.) Beginning July 2016, defendant Jeffers subjected plaintiff Englehart to frequent, ongoing, unwelcome conduct of a sexual nature. (Complaint, ¶16.) Defendant Jeffers criticized plaintiff Englehart's performance, trying to make plaintiff look bad for rejecting his...

Excerpt: ...ement plants located in San Jose. (FAC, ¶7.) On or about June 3, 2014, plaintiff Hafely loaded concrete mixture into a concrete truck, but the mixture was too dry and plugged up the hopper of the truck. (FAC, ¶8.) To clear the blockage, plaintiff Hafely climbed on top of the truck and used a specially designed tool to loosen the mixture. (Id.) When plaintiff Hafely attempted to retract the tool, the tool became lodged in the hopper. (Id.) In at...

Excerpt: ... 6– 7.) They agreed Restivo would not compete with Transportation Solutions for seven years following the sale and would, in exchange, receive limousine services at a discounted rate. (Compl., ¶¶ 6–7.) Restivo claims Brown and Transportation Solutions (collectively, “Defendants”) failed to provide him with discounted limousine services as promised. (Compl., ¶ 7.) He alleges that because he could obtain up to $5,000 worth of limousine s...

Excerpt: ... case is not yet set for trial, Plaintiffs motion is timely; (2) the facts establishing “alter ego” liability were recently discovered in depositions and the discovery of these new facts justifies the inclusion of the ”alter ego” allegations as alleged in paragraphs 17‐24 of the Proposed SAC; and (3) there has been no delay by Plaintiffs or their counsel in the prosecution of this action including the current request for leave to amend....

Excerpt: ...d Cross‐Complaint [SAXC] at ¶ 1.1 ) Cross‐Defendant TriQuint WJ, Inc. (“TriQuint”) is successor in interest to WJ Communications, Inc., which in turn was successor in interest to Watkins‐Johnson Company (“Watkins‐Johnson”), a California corporation with its principal place of business in Palo Alto, California. (Id. at ¶ 2.) In August 2014, plaintiff Continental Insurance Company (“Continental”) filed the underlying action ag...

Excerpt: ...ents, including the Bohlin Family Living Trust. (FAC, ¶ 5.) In exchange for drafting these documents, Plaintiff and his then‐wife paid Poyner the sum of $1,450. (Id.) On December 7, 2007, Plaintiff and Sandra executed various estate planning documents executed by Poyner including a document entitled “Community Property Statement Transmutation Agreement” (the “Transmutation Agreement”), which purportedly transmuted one‐half of Plainti...

Excerpt: ...Holdings, LLC (“EAN”) and various Does (“Defendants”). Currently before the Court is Defendant EAN's demurrer to the Complaint, opposed by Plaintiffs.1 As an initial matter the Court notes that Defendant has not complied with Code of Civil Procedure (“CCP”) §430.41, which requires the parties to meet and confer “in person or by telephone” before the filing of a demurrer. The mere exchange of emails, as described in the declaratio...

Excerpt: ...ocal Parking Agreement (the “RPA”) for the purpose of developing a shopping center (“Center”) in Mountain View, California. The Johnson Family Partnership owned parcel 13 and had the right to review and consent to proposed changes to the design and composition of the Center. In 2011, a real estate developer that had acquired several of the parcels—Merlone Geier Partners—began the process of obtaining zoning and building approval from ...