Excerpt: ...ed partnership agreement that established KCLP ("Limited Partnership Agreement"). That Limited Partnership Agreement for KCLP contains an arbitration clause to which the parties are all signatories. The JAMS arbitration is currently scheduled for a hearing on the merits on October 16-20, 2023, with the same attorneys as in this case. Huang now argues that the present case falls outside the sco# of the Limited Partnership Agreement—and, therefor...

Excerpt: ...et, San 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 25 April 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Defendant Matthew Carpenter's Demurrer To First Amended Complaint. l. Statement of Facts. In the early morning hours of 17 January 2020, Eitan Michael Weiner ("Decedent") died alone in a bathroom...

Excerpt: ... Contract; (3) Breach of the Implied Covenant of Good Faith and Fair Dealing; and (4) Slander/Defamation (violation of Civil Code SS 43 and 46). The FAC alleged that Majors worked for Thing5 from December 2, 2019 until his termination on September 29, 2021. (See FAC at 21 and 4.) Included in Exhibit B to the FAC was a copy of Majors's employment offer letter and a copy of Thing5's Employee Handbook from August 2019. The offer letter expressly sta...

Excerpt: ...motions for final approval of the settlement and for approval of their attorney fees, costs, and service awards. Plaintiffs' motions are unopposed. One individual filed an objection to the settlement, which the Court has reviewed and considered. As discussed below, the court GRANTS final approval. l. LEGAL STANDARD FOR SETTLEMENT APPROVAL Generally, "questions whether a [class action] settlement was fair and reasonable, whether notice to the clas...

Excerpt: ... personal bank accounts and share one joint account with Defendant at Wells Fargo ("joint account"). (See SAC, '1 15.) Plaintiff complied and placed all of her funds in the joint account, including her future paychecks. (See SAC, 15-17.) In April 2017, Defendant left his job to create a startup and subsequently opened a separate JP Morgan Chase account ("Chase account"). (SAC, '1 18.) Defendant's startup failed and he then joined a Bay Area compa...

Excerpt: ...e operative First Amended Complaint ("FAC"). It contends that Plaintiffs claims are barred by section 230 of the Communications Decency Act (the "CDA")5 and otherwise fail to state a cause of action. (Code Civ. Proc„ S 430.10, subd. (e).) As discussed below, the Court SUSTAINS Defendant's demurrer based on CDA immunity, but gives Plaintiff 30 days to amend. l. BACKGROUND According to the FAC, Google represents that the Play Store is the only of...

Excerpt: ...ated seven causes of achon against the City and various Does who allegedly "completely dominate[] and control[]" the City. (Complaint at 12a.) The causes of action alleged were: (1) Discrimination in Violation of the FEHA (based on alleged discrimination against Amir for his "specific religious beliefs"); (2) Retaliation in Violation of the FEHA (based on alleged protected activ-ty consisting of requesting accommodation for his religious beliefs)...

Excerpt: ... Retail Shop Lease pursuant to which Plaintiff leased Unit #20 in the Vallco Shopping Mall (the "Prem-ses") in Cupertino. (Complaint, 10.) Section 22.14 of the Retail Shop Lease grants Plaintiff the right to extend its term (which otherwise expired on December 31, 2022) for three additional five-year periods. (ld., '1 2.) The Retail Shop Lease was amended twice; first on December 1, 2006, between Cupertino Square, LLC, successor-in-interest to Va...

Excerpt: ...lternative, motion to strike the class and representative allegations. Plaintiff opposes Googles motion. As discussed below, the Court OVERRULES Google's demurrer and DENIES its motion to strike. l. BACKGROUND According to the complaint, Plaintiff began working for Defendants as a non-exempt preschool teacher at Google on November 7, 2021, and her employment ended in March 2022. (Class Action Complaint, '14.) Plaintiff alleges "that each and ever...

Excerpt: ... Background This is a product liability action. Plaintiffs are the wife and children of Walter Huang who suffered a fatal crash while driving his Tesla Model X in 2018. Mr. Huang added Autopilot when he purchased his Tesla, but he did not purchase the "Full Driving Capability Package." According to Tesla, Autopilot provides numerous warnings and -nstructons to its users, both in the manual and in the car while the Tesla is in use, making clear th...

Excerpt: ...rst Street, San 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 26 April 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motion Of Plaintiffs To Compel Defendant Ajit Singh To Produce Documents And For Imposition Of Monetary Sanctions. Plaintiffs seek to compel defendant Ajit Singh provide further responses...

Excerpt: ...February 21, 2023, but of an unfortunate delay in the clerk's office in setting the hearing on Defendants' motions for summary judgment, this court (Judge Kirwan) continued the trial date to July 3, 2023, at Defendants' request. No party requested that the original discovery deadlines be continued, and so Judge Kirwan did not continue the original fact discovery deadline of January 23, 2023. The motions for summary judgment are now scheduled to b...

Excerpt: ...s an action for defamation. According to the Complaint, Plaintiff was a law student at Santa Clara University, School of Law ("SCU") from 2019 to 2022. (Complaint, 1.) When Plaintiff was a teenager, he was convicted of a count of second degree armed robbery and received a strike. (Complaint, 18.) Since then, he turned his life around, pursued higher education at Ohlone College and then the University of San Francisco ("OSF"), where he graduated a...

Excerpt: ...d. As discussed below, the Court is inclined to grant Plaintiffs' motion, subject to the parties' agreement to amend the release to conform with Amaro v. Anaheim Arena Management, LLC (2021) 69 Cal.App.5th 521 (Amaro) and Plaintiffs' submission of some additional information described below. l. BACKGROUND As alleged in the operative complaint, Defendants maintain and operate a health and fitness facility in California, where Plaintiffs were emplo...

Excerpt: ...PROCEDURAL BACKGROUND Li originally filed this case on July 7, 2020, alleging that Yu and Dæ Defendants 1-10 made false statements about her on a social media application (WeChat). Li subsequently added defendants Zheng, Wu, Peng, and Wang. On June 7, 2021, Li filed the operative Second Amended Complaint (the "SAC") against Defendants, asserting the following causes of action: 1. DEFAMATION PER SE (AGAINST ALL DEFENDANTS); AND 2. DEFAMATION PER ...

Excerpt: ...party opposing the tentatve ruling must call Department 20 at 408.808.5856 and the opposing party no later than PM on 24 April 2023. Please specify the issue to be contested when calling the Court and Counsel. Order On Defendant Cisco Systems, Inc.'s Demurrer To Plaintiff Casey Ford Alexander's Complaint. l. Statement of Facts. Plaintiff filed this complaint on 19 April 2019.2 Plaintiff Casey Ford Alexander ("Plaintiff") brings this right of publ...

Excerpt: ...tatve ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4m PM on 24 April 2023. Please specify the issue to be contested when calling the Court and Counsel. Order on Defendant's Demurrer to Plaintiff's First Amended Complaint. l. Statement of Facts In or around October 2W1, plaintiff Weda Gray ("Plaintiff") purchased the real property located at 2084 Orbellas Dr., Milpitas, CA 95035. (First Amended Complaint ["FA...

Excerpt: ...Valerie Anderson, who died intestate and without a surviving spouse, child, or parent. (TAC, 1.) Decedent was Defendant's patent from July 12, 2008 to her passing on September 16, 2021. (TAC, '1 6, 41.) During the entirety of her stay at A Grace, decedent was mentally incapacitated due to hypoxic brain injury and other conditions. (TAC, 6.) As a result of those conditions, Decedent was unable to comprehend rights that she was otherwise bound to k...

Excerpt: ...ng this motion. Tuan's counsel sent one substantive, sharply worded letter to Applied's counsel on December 8, 2022, in which he addressed Applied's objections and answers, and in which he concluded with a threat of monetary sanctions. After Applied responded to this letter, Tuan's counsel never responded substantively again, and he refused to engage in multiple efforts by Applied's attorneys to have a dialogue to resolve their disputes. In an em...

Excerpt: ...d. 1. Procedural History On September 15, 2022, this court (Judge Kirwan) granted Gargano's motion for judgment on the pleadings, concluding that Plaintiffs' first cause of action and Permanent Injunction") and second cause of action ("Accounting") failed to state sufficient facts to constitute proper causes of action. In particular, the court concluded: (1) that the causes of action were in the nature of derivative claims rather than direct clai...

Excerpt: ... judgment debtors Qury Technologies, Inc. ("Qury Tech"), Wei Zheng ("Zheng"), Zhe Liu ("Liu"), and Huican Zhu ("Zhu") appeared, claiming that notice was insufficient and requesting additional time to file an opposition. The court granted the request, continuing the hearing to April 25, 2023 and setting a briefing schedule. The court also granted proposed judgment debtors' request to file a surreply brief. Having now considered all of the submissi...

Excerpt: ... entirety, such that they cannot forced to arbitration. In response, Defendants contend, among other things, that they were not required to be licensed in California because they performed no acts within the State of California. Accordingly, Defendants request that the parties be com#lled to arbitration, that the claims against them be severed out from the rest of the case, and that the claims against them be stayed pending the arbitration. Befor...

Excerpt: ...ested and abused while she was a student at Ida Jew Academy, a charter school within the Mount Pleasant Elementary School District (the "District"). Plaintiff alleges the District contracted with Santa Clara County Office of Education ("SCCOE") to provide outdoor education experiences for minor students, including Plaintiff, particularly at Walden West Science Camp ("Walden West"), a public educational science overnight camp owned by SCCOE. (Seco...

Excerpt: ...ase") for a portion (the "Premises") of the commercial real property located 16185 Los Gatos Blvd. in Los Gatos (the "Property"). (Complaint, 1, 6, Exhibit A.) Since 2012, Plaintiff has operated at the Premises a yoga, Pilates, private physical training studio, and retail business commonly known as "Yoga Source." (ld.) To ensure Plaintiff's exclusivity with respect to its use, Plaintiff and Defendant agreed to an exclusivity provision which prohi...

Excerpt: ...hey moved to Nevada in or around October 2020. (ld., at '12.) Estrella Floresca and Marina Arzadon are sisters. (ld., at '19.) This achon concerns the real property located at 1662 Cathay Drive in San Jose, California (the "Property"). (See Complaint, '1 7.) On or about June 8, 1992, Plaintiffs acquired the Property by individual grant deed, paying a down payment of $34,139.20 towards its purchase. (ld., at 8, Exs. 1-2.) Because Plaintiffs were n...