Excerpt: ...d 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: ...ss") agreed that KFEI would serve as a nonexclusive distributor of Cypress products to Japanese companies and their affiliates. On September 10, 2021, KFEI filed the operative First Amended Complaint against Cypress, which sets forth the following causes of action: (1) Breach of Contract; and (2) Breach of the Covenant of Good Faith and Fair Dealing. On May 23, 2022, Cypress filed a Cross-complaint against KFEI and cross-defendant Fujitsu Semicon...

Excerpt: ...Pursuant to Labor Code S 2699, et seq. for violations of Labor Code SS 201, 202, 203, 226(a), 225.7, and 2802. Now before the court is Defendant's motion to compel arbitration of Plaintiff's individual PAGA claim and dismiss Plaintiff's representative PAGA claim. Plaintiff opposes the motion. II. REQUEST FOR JUDICIAL NOTICE In connection with his opposition, Plaintiff asks the court to take judicial notice of: (1) a declaration filed In the Los A...

Excerpt: ... (1) Failure to provide rest breaks and meal periods (Lab. Code SS 226.7, 512, and 1198); (2) Failure to pay all wages earned for all hours worked (Lab. Code SS 510, 1194, 1197, and 1198); (3) Failure to provide accurate wage statements (Lab. Code S 226); (4) Waiting time penalties (Lab. Code SS 201-203); (5) Unfair Competition (Bus. & Prof. Code S 17200, et seq.); and (6) Civil penalties/PAGA (Labor Code S 2698, et seq). The parties reached a se...

Excerpt: ...s and Elsousou LLC (collectively, "Defendants") on June 18, 2021. The original complaint alleged a single cause of action for civil penalties under the Private Attorneys General Act ("PAGA"). On May 4, 2022, the court approved a stipulation entered into between Plaintiff and Defendants, which allowed Plaintiff to file a First Amended Complaint ("FAC"). The same day, Plaintiff filed the operative FAC against Defendants. The FAC sets forth the foll...

Excerpt: ...ember 29, 2020, defendant Farrah Sipin ("Sipin") filed a Cross-complaint against Velocity Investments, alleging causes of action for: (1) Cal-fornia Fair Debt Buying Practices Act; (2) Fair Debt Collection Practices Act; and (3) Rosenthal Fair Debt Collection Practices Act. Sipin then filed a First Amended Cross-complaint ("FACC") on August 26, 2021, which added alter ego allegations specific to cross-defendant Veluity Portfolio Group, Inc. ("VPG...

Excerpt: ...020. She filed a First Amended Complaint ("FAC") on September 15, 2020. She filed a Second Amended Complaint ("SAC") on April 28, 2022. The SAC stated 11 causes of action: (1) Gender Discrimination in Violation of the FEHA; (2) Retaliation; (3) Wrongful Termination in Violation of Public Policy; (4) Failure to Pay Overtime Wages; (5) unpaid Meal Period Wages; (6) Unpaid Rest Period Wages; (7) Failure to Pay All Wages Due; (8) Failure to Provide A...

Excerpt: ...ntiff was diagnosed with COVID-19 and was unable to work for over two weeks due to his serious medical condition. (ld. at '1 19.) During this time, he was not provided proper sick leave under the Families First Coronavirus Response Act. (ld. at '1 14.) Then, before Plaintiff was able to safely return to work, Defendant informed him it was reducing its workforce, it had no more work for him, and he was being laid off. (FAC 20.) Plaintiff does not ...

Excerpt: ...et, San Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6855 and the opposing party no later than 4:00 PM on 03 2023. Please specify the issue to be contested when calling the Court and Counsel. —-0000000m Order on Demurrer Of Defendants To Plaintiffs' First Amended Complaint. l. Statement of Facts. In or around May 2018, defendants Laddi S. Jhuty and NRI Life Insurance Agency ("NRI Life," collectively, "NRI Lif...

Excerpt: ...ollowing factual background come from the TAC, which generally alleges a breach of contract and fraud action between siblings over property previously owned by their now deceased mother. The subject property is located at 750 Emily Drive, Mountain View California 94043 (the "Property"). (TAC, '1 11.) Frederick, Michael, Tracy, and Gail are all siblings and the children of Ruth M. Hart.2 (TAC, 9.) Ruth died in February 2002. (TAC, '1 10.) From app...

Excerpt: ...leges unfair business practices. In 2012, Numeric became a client of LinkedIn. (SACC, '1 13.) Numeric had no payment issues until 2017. (ld.) In May 2017, David Carpenter, as an officer of Numeric, called LinkedIn to explore the possibility of placing marketing content on their website and purchasing some of their other services. (SACC, 14.) On June 17, 2017, Sean O' Kane, Enterprise Relationship Manager of LinkedIn, and a person authorized to ma...

Excerpt: ...ce. According to the Second Amended Complaint ("SAC"), Plaintiffs, brothers Zachary and Michael Daniel Kowitz, and their company Bay Surplus Technology, LLC ("Bay Surplus") hired Zachary and Michael's father, Defendant Michael David Kowitz, at the urging of their grandmother (Michael's mother) Defendant Patricia Ladd, to work with them. (SAC, "4, 10) In that capacity, Michael acted as Bay Surplus's office manager and managed its books and records...

Excerpt: ... party opposing the tentatve ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4m PM on 03 2023. Please specify the issue to be contested when calling the Court and Counsel. Order on Motions of Defendant of Stanford Health Care for Summary Adjudication to Plaintiffs' Third Amended Complaint. l. Statement of Facts. Plaintiffs Harriet Tom ("Harriet"), individually and on oehalf of the Estate of Darrell Tom ("Darrel...

Excerpt: ...fessor at Stanford, asserted that he was entitled to reimbursement for expenses incurred in bringing a lawsuit to defend both his academic integrity and that of others. The underlying Labor Code proceeding (sometimes referred to as a "Berman hearing") "is designed to provide a speedy, informal, and affordable method of resolving wage claims." (Post v. Palo/Haklar & Assocs. (20W) 23 Cal.4th 942, 947; see also Arias v. Kardoulias (2012) 207 Cal.App...

Excerpt: ...s, the requests at issue are: Nos. 2, 4, 5, 5, 7, 9, 11, 18, and 20. For the reasons set forth below, the court DENIES the motion. As an initial matter, Travelers points out that Plaintiffs' motion is untimely. Travelers served its amended responses to the requests for production on November 22, 2022, and so Plaintiffs' deadline to file their motion was January 10, 2023 (45 days + 2 court days). Plaintiffs did not file the Notice of Motion until ...

Excerpt: ...n as 16185 Los Gatos Blvd., Town of Los Gatos, County of Santa Clara, State of California 95032 (the "Property"). (Complaint, 91.) Yoga Solutions has occupied a 10,350 square foot portion of the Property (the "Premises") as a tenant since 2012. (ld.) Throughout its occupation of the Premises, Yoga Solutions operated a yoga, Pilates, private physical training studio and retail business. (ld.) Defendant Pepper Lane — Berryessa, LLC ("Pepper Lane"...

Excerpt: ...J Von Schaumberg ("Von Schaumberg") (collectively, "Shah defendants"), and the request for joinder in the motion for judgment on the pleadings by defendants Michael Maidy, Timothy Cox, Martin Pichinson, Bernie Murphy and Feevt (assignment for the benefit of creditors), LLC (collectively, "Sherwood defendants") came on for hearing. The Court issued an order on February 23, 2023, declaring Plaintiff as a vexatious litigant as defined by Code of Civ...

Excerpt: ...ement with Grant Turner. A detailed statement of facts and procedural history of this action is set forth in the orders sustaining demurrer filed June 29, 2022 and July 20, 2022, and is incorporated herein, but will not be restated here in the interests of brevity. Demurrers were sustained without leave to amend for all defendants on June 29, 2023 and July 20, 2022. Notwithstanding the granting of the demurrers without leave to amend, on July 5, ...

Excerpt: ...me, a City enforcement officer issued a ticket, and in December 2018, the same offcer issued the same ticket, resulting in the threat of a substantial five-figure fine. (See FAC, 9.) On April 9, 2019, Plaintiff and the officer attended an appellate hearing of the ticket, held by a mediator from Data Ticket. (See FAC, '1 10.) Plaintiff felt that the process was biased because Plaintiff requested, but was not provided, a permit and a neutral, reput...

Excerpt: ...sabeth D. Alameda, Trustees of the Alameda Family Trust (collectively, the "Or-ginal Lessors") entered into a written lease agreement (the "Lease") for the premises located at 600 South Second Street and 617 South Third Street, San Jose, California (the "Premises"). (FAC, 8.) Plaintiffs allege, on information and belief, that Defendants are the successors-in-interest to the Original Lessors to the Lease and are the current owners of the Premises,...

Excerpt: ...er ways. (ld.) This group of people contacted various companies to ruin Plaintiff. (ld.) One of these companies was Air France-KLM Group. (See FAC, attachment number 5, p.3.) While in Nigeria, Air France cancelled Plaintiff's flight on the day of the flight despite the fact that Plaintiff did not request to cancel her booking; however, it stated in an email that she could ask one of the airport employees to reinstate her flight booking. (ld.) Whe...

Excerpt: ...y party opposing the tentatve ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 29 March 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motion of Defendants to Compel Plaintiff to Produce Documents. l. Statement of Facts. Plaintiff filed this complaint on 19 April 2019.67 Plaintiff is a data and analytics company that provides real-tme crowd sour...

Excerpt: ...Any party opposing the tentatve ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 29 March 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motion of Defendants for Summary Judgment, or, in the Alternative, Summary Adjudication. NOTE: In an order signed on 14 March 2023 and not filed until 21 March 2023, this Court specially set this matter for tod...

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 29 March 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order On Defendant City Of San José's Motion For Summary Judgment Against Plaintiff. l. Statement of Facts. At approximately 10:52am on or about 10 July 2019, plaintiff Michelle Espinoza ("Espino...

Excerpt: ...y Irrigation District ("8810"), Central Delta Water Agency ("CDWA"), South Delta Water Agency ("SDWA"), San Joaquin Tributaries Authority ("SJTA"), South San Joaquin Irrigation District ("SSJID"), Banta Carbona Irrigation District and Patterson Irrigation District ("BCID et the "Districts" or "Petitioners"); and (2) a motion to tax costs by the Board.l The factual and procedural background of this matter is summarized in more detail in the Court'...