Excerpt: ...e Case Management Conference is continued to May 4, 2023. No later than 4 p.m. on Friday, April 28, 2023, Plaintiff is ordered to email to the Court, copied to Defendant, at [email protected]: (a) two redlines of its trade secret disclosures illustrating (1) what was changed from the first to second disclosure and (2) what was changed from its second to third disclosure; (b) an explanation of no more than one page for how its disclosure un...

Excerpt: ...andhi opposes both motions. As discussed below, the court DENIES Hone capital's motions. l. LEGAL STANDARD AND TERMS OF PROTECTIVE ORDER On November 29, 2021, the Court (Judge Rudy) entered a stipulated protective order in this matter (the "SPO"). The order provides that a party may designate as "Confidential Information" documents that the party "considers in good faith to contain information involving trade secrets, or confidential business or ...

Excerpt: ...me "Findora." In Case No. 2KV372622 ("Ab-ttan"), Temujin alleges that Defendants and Crosscomplainants Ariel Abittan, Benjamin Fisch, and Charles Lu conspired to: (a) assert a false claim of ownership of its business; (b) misappropriate its trade secrets; (c) usurp and interfere with control over its assets, such as social media accounts; and (d) interfere with its relationships with investors and business partners. Mr. Abittan, a former business...

Excerpt: ...claim, based on the United States Supreme Court's decision in Viking River Cruises, Inc. v. Moriana (2022) U.S. [142 S. Ct. 1906, 2022 U.S. LEXIS 2940] (Viking River). Defendants seek dismissal of the representative PAGA claim. Plaintiff opposes Defendants' motion, urging that the parties' agreement here requires arbitration of the entire PAGA claim—including its representative component—and provides no basis to compel individual arbitration....

Excerpt: ...A claim; and (2) Plaintiff's motion to compel further responses to discovery requests seeking information about the aggrieved employees. 80th motions are For the reasons discussed below, the Court DENIES Dart's motion and GRANTS Plaintiff's. l. BACKGROUND A. Factual According to the operative complaint, Dart is a Michigan corporation with its principal place of business in Michigan, but does business in California. (Second Amended Class and Repre...

Excerpt: ...ered with ILA's relationship with ASIP Holdings and Q Networks, and wrongly claimed ownership of intellectual property developed in connection with the project. JLA alleges that Defendant Liangwa Jou aided and abetted Mr. Rajagopalan in his attempted "equity grab" from JLA/Q Networks. In a cross-complaint, Mr. Rajagopalan alleges that he never signed the draft consulting agreement and was not paid for much of his work. Moreover, he claims he disc...

Excerpt: ..., Petrini filed a proposed default judgment. On July 22, 2022, Crosscomplainants filed a request for entry of default as to the cross-complaint. On October 31, 2022, Petrini filed a motion to strike the cross-complaint, answer, and request for entry of default as untimely. On January 20, 2023, the Court filed its order denying Petrini's motion to strike, stating: Petrini's premise that the date that a pleading is filed is determined by the date t...

Excerpt: ...Now before the Court is Plaintiffs' motion for preliminary approval of a settlement, which is unopposed. As discussed below, the Court is inclined to grant preliminary approva , but wants the parties to meet and confer about using a single definition for the entire proposed class, and to report on their discusssions at the May 4 hearing. l. BACKGROUND Plaintiff Lillian Audycki began employment with Defendant in September 2014 and contnues to work...

Excerpt: ...h the original complaint and the first amended complaint, which were sustained or granted in part. Latessa filed her operative second amended complaint ("SAC") on December 30, 2022. Defendants filed the present demurrer and motion to strike on January 31, 2023. II. FACTUAL ALLEGATIONS IN THE SAC After successfully applying to Stanford's Botha-Chan Entrepreneurship Innovation Program in 2021, the parties allegedly formed a joint venture partnershi...

Excerpt: ...ntained, managed and operated the premises. (ld„ at p.4, Prem.L-2.) Defendants City of San Jose and Apollo Adult Day Program, Inc. owned the public property on which the dangerous condition existed and had constructive notice of the existence of the dangerous condition in sufficient time prior to the injury to have corrected it. (ld., at p.4, Prem.L-4.) Plaintiff filed a Judicial Council form complaint against defendants City and Apollo Adult D...

Excerpt: ... in non-party Wave Computing, Inc. ("Wave") since about August 2017. (TAC, '1 2.) Wave was a semi-conductor and computer learning company incorporated in Delaware and with its principal place of business in Santa Clara County, CA. (ld. at '1 1.) Wave's ability to succeed depended on the development of fts Data Processing Unit chip called "Cayenne," which was central to its artificial intelligence system called "Green." (TAC, '1 29.) Plaintiff all...

Excerpt: ...Superior Court ("Harbour"); (2) Williams v. SOS Security, LLC, et al., Case No. 20CV362050, Santa Clara County Superior Court ("Williams"); (3) Marmolejo, et al. v. SOS Security, LP, Case No. 20CV367423, Santa Clara County Superior Court; (4) Muse v. SOS SecuriW, LLC, et al., Case No. RG20066195, Alameda County Superior Court ("Muse"); and (5) Towns v. SOS Security, LLC, Case No. 21TRCV00063, Los Angeles County Superior Court. On May 25, 2022, pl...

Excerpt: ...0, sets forth the following causes of action: (1) Failure to Pay All Wages; (2) Rest Period Violations; (3) Meal Period Violations; (4) Wage Statement Violations; (5) Waiting Time Penalties; (6) Unfair Business Practices; (7) PAGA Penalties for Failure to Pay All Wages; (8) PAGA Penalties for Rest Period Violations; (9) PAGA Penalties for Meal Period Violations; (10) PAGA Penalties for Wage Statement Violations; and (11) PAGA Penalties for Waitin...

Excerpt: ...n: (1) Failure to Pay Wages and/or Overtime under Labor Code SS 510, 1194, and 1199; (2) Penalties Pursuant to Labor Code S 203; (3) Violation of Business & Professions Code S 17200; and (4) Penalties Pursuant to Labor Code S 2699, et seq. The parties reached a settlement and plaintiff Raul Becerra ("Plaintiff") moved for preliminary approval of the settlement. On June 30, 2022, the court entered an order denying the moton for preliminary approva...

Excerpt: ...rn and practice of towing vehicles in violation of Vehicle Code sections 22953 and 22658. According to the allegations of the operative Second Amended Complaint ("SAC"), filed on February 25, 2022, Defendants caused vehicles to be towed without first having obtained signed authorizations from the property owner or its agents, in violation of Vehicle Code section 22658, subdivision (1)(1), and caused vehicles to be towed from the space available t...

Excerpt: ...on: (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 Furnish Accurate Itemized Wage Statements; (7) Failure to Indemnify Employees for Necessary Expenditures Incurred in Discharge of Duties; and (8) Unfair and unlawful Business Practices. As is relevan...

Excerpt: ...g the tentative ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 01 May 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Moton of Defendant to Reopen Discovery. I. Statement of Facts. Plaintiff filed this complaint on 01 July 2019.28 He alleges that he was riding his bicycle approaching the corner of Monterey Road and Southside Drive in San Jose, ...

Excerpt: ...agreement with Golden Jubilee Properties, LLC ("Golden Jubilee") by which it would obtain a commission for brokering a lease agreement between Golden Jubilee and Round Table Pizza. Golden Jubilee contends it did not enter into a lease agreement with Round Table Pizza; entered into a lease agreement with Circle Pizza, thus it does not owe Guardian a commission. Guardian filed this lawsuit in Los Angeles County Superior Court on August 26, 2022, an...

Excerpt: ...the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than PM on 01May 2023. Please specify the issue to be contested when calling the Court and Counsel. Order On Defendants Santa Clara Valley Transportation Authority and Giang Truong Luu's Motion For Summary Judgment. l. Statement of Facts. On 19 July 2019, plaintiff Jeremy Hansen ("Hansen"), the path, entrance, or means of access immediately adjacent to an...

Excerpt: ...ing the tentative ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 01 May 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motion of Defendant KIA Motors America for Summary Adjudication to the First Amended Complaint. l. Statement of Facts. This is a lemon law action. On or about 25 May 2011, plaintiff Lynda Yao ("Plaintiff") purchased a 2011 Kia...

Excerpt: ...rative second Amended complaint ("SAC") filed on July 21, 2022. DEFENDANTS' REQUEST FOR JUDICIAL NOTICE "Judicial notice is the recognition and acceptance by the court, for use by the trier of fact or by the court, of the existence of a matter of law or fact that is relevant to an issue in the acton without requiring formal proof of the matter." (Poseidon Development, Inc. v. Woodland Lane Estates, LLC (2(m) 152 Cal.App.4th 1106, 1117.) Defendant...

Excerpt: ...was filed on November 23, 2022. The FAC states five causes of action, none of which are listed on the caption page. These are: (1) Violation of Civ. Code 51793.2(D); (2) Violation of Civ. Code S1793.2(B); (3) Violation of Civ. Code S1793.2(A)(3); (4) Breach of the Implied Warranty of Merchantability, and; (5) Fraud (fraudulent inducementconcealment). The FAC alleges that, as part of the vehicle lease, Plaintiff entered into a warranty contract wi...

Excerpt: ... out of a motor vehicle accident. According to the SAC, decedent Sanan Altaye (the "Decedent") was employed as a commercial semitruck driver and operated a 2006 Freightliner Truck and 2009 Trailer in that capacity. (SAC, 8.) On November 18, 2015, the 2006 Freightliner and 2009 Trailer were taken out of operation by the California Highway Patrol ("CHP") after an officer conducted a Driver/vehicle Examination documenting numerous braking system vio...

Excerpt: ...e Complaint was filed on September 29, 2022 and states four causes of action: (1) Breach of Contract (alleged against the Steiners only) for breach of the Stock Purchase Agreement ("SPA") and addendums for the sale of Allied Aire Service; (2) Intentional Misrepresentation (alleged against all defendants); (3) Violation of Cal. Business and Professions Code section 17200, et seq. (alleged against all defendants), and; (4) Declaratory Relief (alleg...

Excerpt: ...elief, that EBMS failed to properly pay Plaintiff for the medically necessary services, supplies, and/or equipment rendered to patent N.B. (the "Patent"), who was an enrollee and beneficiary of health plans sponsored, administered, and/or financed by E8MS. (FAC, '1 7-8.) Private Healthcare Systems ("PHCS") is a nonparty and it operates a preferred provider network ("PPO") in which PHCS indemnifies health care expenses, performs utilization review...