Excerpt: ...n July 29, 2022. None of the responses was verified but each included a page stating, "VERIFICATION TO FOLLOW." Plaintiff, finding the responses deficient and unverified, requested verified, full and complete discovery responses on August 17, 2022. Plaintiff then extended the date for Defendant to respond several times. On October 21, 2022, Defendant served some supplemental responses. Both the initial and supplemental responses remained unverifi...

Excerpt: ...posing the tentative ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 12 April 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motion of Plaintiff to Compel Deposition Attendance of Defendants Person(s) Most Qualified and for Monetary Sanctions. I. Statement of Facts. On 13 September 2022, plaintiff filed this complaint seeking resttution and dam...

Excerpt: ...ant opposes. As discussed below the Court DENIES the motion without prejudice. l. BACKGROUND A. Factual According to the operative complaint, Dart is a Michigan corporation with its principal place of business in Michigan, which does business in California. (Second Amended Class and Representative Acton Complaint ("SAC"), "1 7, 9.) When Plaintiff applied for employment with Defendant on October 14, 2013, he was required to fill out a disclosure a...

Excerpt: ...e terms of the contract, Group One was obligated to: commence construction on Monday, November 9, 2015 and complete construction on Friday, August 19, 2016; supply La Encina with Conditional Lien Releases with all progress billings and upon all progress payments from the subcontractors or supplies; pay subcontractors, sub-subcontractors and suppliers within seven days after receipt of payment by La Encina; hold payments received from La Encina fo...

Excerpt: ... shelving and sorting books and miscellaneous closing duties. Laurent contends that he was fired from the Library because of his disabilities, which include autism and compartment syndrome, which Laurent describes as increased pressure in an anatomic compartment (of the leg), causing chronic knee pain. On May 2, 2018, Laurent approached his supervisor, Gena Cortez, and asked her to provide him with a different task from the shelving duties to whi...

Excerpt: .... 20CV372622 ("Abittan action"), Temujin alleged that Defendants and Cross-complainants Ariel Abittan ("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 pa...

Excerpt: ...filed on October 13, 2022. The factual and procedural background of the action and the Court's analysis of the settlement and settlement class are set forth in that order. Before the Court is Plaintiffs' moton for final approval of the settlement and for approval of their attorney fees, costs, and service awards. Plaintiffs' motion is unopposed. On April 3, 2023, the Court issued a tentative ruling indicating it was inclined to grant final approv...

Excerpt: ... action and the Court's analysis of the settlement and settlement class are set forth in that order. Before the Court are Plaintiff's motions for final approval of the settlement and for approval of her attorney fees, costs, and service award. Plaintiff's motions are unopposed. As discussed below, the Court GRANTS final approval. l. LEGAL STANDARDS FOR SETTLEMENT APPROVAL A. Class Action Generally, "questions whether a [class action] settlement w...

Excerpt: ...e. 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 12 April 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Demurrer and Motion to Strike Portions of the First Amended Complaint by Defendants Dr. Nicolas Kokkalis and Dr. Chengdiao Fan. l. Statement of Facts. This is a shareholder derivative action regarding the sa...

Excerpt: ...es Ceja Martinez ("Martinez") (collectively, "Plaintiffs") filed a Complaint for Statutory Violations and Attorneys' Fees against defendants Starz Telecom, Inc., Sammy Dean Wilbur Isaacson, and Joshua Michael Wayn Isaacson (collectively, "Defendants"), which sets forth causes of action for: (1) Violation of the California Labor Code section[s] 218.5, 1194, 1194.2, 1771, 1774, 1810, 1815; (2) Failure to Pay Minimum wages and wage set by Statute Ca...

Excerpt: ...ollectively, "Defendants"), which operate number of McDonald's franchises. The plaintiffs allege that Defendants failed to pay employees for off-the-clock work, failed to provide compliant meal and rest breaks, and committed other wage and hour violations. As alleged in the operative complaint in the lead action Victor Manuel Monroy Chavez v. CAM-BAS, Inc., et al. (Santa Clara County Superior Court, Case No. 20CV372311) (Chavez), Defendants own a...

Excerpt: ...ock in non-party Wave Computing, Inc. ("Wave") since about August 2017. (TAC, 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 its Data Processing unit chip called "Cayenne," which was central to its artificial intelligence system called "Green." (TAC, '1 29.) Plaintiff all...

Excerpt: ...onsolidated Class Action Complaint, filed on January 12, 2023, sets forth the following causes of acton: (1) Failure to Pay Minimum Wages; (2) Failure to Pay Overtime Wages; (3) Failure to Provide Meal Periods; (4) Failure to Permit Rest Breaks; (5) Failure to Provide Accurate Itemized Wage Statements; (6) Failure to Pay All Wages Due upon Separation of Employment; (7) Failure to Reimburse Necessary Business Expenses; (8) Violation of Business an...

Excerpt: ...rth the following causes of action: (1) Violation of California Labor Code SS 510 and 1198 (Unpaid Overtime); (2) Violation of California Labor Code SS 1182.12, 1194, 1197, 1197.1, and 1198 (Unpaid Minimum Wages); (3) Violation of California Labor Code SS 226.7, 512(a), 516, and 1198 (Failure to Provide Meal Periods); (4) Violation of California Labor Code SS 226.7, 516, and 1198 (Failure to Authorize and Permit Rest Periods); (5) Violation of Ca...

Excerpt: ...and (2) Carlos Lopez v. Bay Mountain Air, Inc. et al. (Santa Clara County Superior Court, Case No. 21CV386284) ("Individual Case"). On May 17, 2021, plaintiff Carlos Lopez ("Plaintiff") filed the operative Class Action Complaint ("CAC") in the Lead Case. According to the allegatons of the CAC, Plaintiff worked for defendant Bay Mountain Air, Inc. ("Defendant") as a non-exempt hourly employee installing air conditioners from approximately November...

Excerpt: ...ts forth causes of action for: (1) Failure to Pay Overtime Wages; (2) Failure to Pay Minimum Wages; (3) Failure to Provide Meal Periods; (4) Failure to Provide Rest Periods; (5) Waiting Time Penalties; (6) Wage Statement Violations; (7) Failure to Timely Pay Wages; (8) Failure to Indemnify; and (9) Unfair Competition. Defendant Innovative Facility Services, LLC ("Defendant") now moves for an order compelling Plaintiff to arbitrate her individual ...

Excerpt: ...ny other programs that Plaintiff was considering. Plaintiff's complaint alleged that he had interviewed at twenty- two other residency programs, and was being "courted" by the faculty of several of these institutions. Defendant, in preparation of their case, served deposition subpoenas on several institutons mentioned in the complaint. This was done to determine if, in fact, Plaintiff had been sought after by the programs that he claimed. After s...

Excerpt: ... BACKGROUND A. Factual Allegations in the Complaint Plaintiff Applied Materials, Inc. ("Applied") supplies equipment, services, and software for fabrication of semiconductor products. (Complaint ("Compl.") '16.) It brings this action against defendants Huu Vu ("Huu") and Tuan Vu ("Tuan") (brothers and former employees of Applied) 3 , defendant James Nguyen dba Mechatronics Engineering Group ("Nguyen"), and defendant Capital Asset Exchange & Tradi...

Excerpt: ...20, and as a result, she fell off a rock and was severely injured. (Complaint, '1 2.) Plaintiff was six years old at the time of the incident. (Ibid.) Defendant Kathy Banks is adult individual doing business as CCKC. (ld. at 6.) Through her guardian ad 'item, Dragos Sbirlea, Plaintiff filed a Complaint against Defendants alleging causes of action for (1) negligence; and (2) negligent hiring, retention, supervision, training and entrustment. Defen...

Excerpt: ...sona, [slhe is entitled to the same, but no greater, consideration than other litigants and attorneys. Further, the in propria persona litigant is held to the same restrictive rules of procedure as an attorney." (Burnete v. La Casa Dana Apartments (2007) 148 Cal.App.4th 1262, 1267, internal citatons omitted; see also Rappleyea v. Campbell (1994) 8 Cal.4th 975, 985.) The original complaint in this action, filed on June 20, 2019, stated claims for:...

Excerpt: ... the tentative ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 11 April 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order On Motion of Plaintiff for Leave to File a Second Amended Complaint. I. Statement of Facts. Plaintiff filed this complaint on 08 July 2020.4 The action arises out of a new home design and development and construction project betwe...

Excerpt: ...ng the tentative ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 10 April 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Defendants Debra Gould, Joshua J. Wolfe, and Optimum Solutions Group, Inc.'s Demurrer to Plaintiff Chad Garton's Second Amended Complaint. l. Statement of Facts. Plaintiff Chad Garton ("Plaintiff") brings this action against ...

Excerpt: ...-represented here, is a full-time physician for the County at the South County Clinic, run by Substance Use Treatment Services ("SUTS"). (SAC at 1.) He has been employed as a category "P28" Senior Staff Physician II since July 2013. (SAC at '1 1, 30.) Per County records, he is paid every two weeks with the terms and conditions of his employment set forth in the Memorandum of understanding ("MOU") between the County and the Union of American Physi...

Excerpt: ...ity. Johnson visited the California Pizza Kitchen located at 136 El Camino Real in Palo Alto California in May and June 2021 and alleges that he was "deterred from physically attempting to sit" at the restaurant as a result of noncompliance with the Americans with Disabilities Act ("ADA"). The complaint states two causes of action: (1) Violation of the Unruh Act; and (2) Violation of the California Disabled Persons Act. The complaint primarily re...

Excerpt: ...and Excel collectively as "Defendants". Pursuant to California Rule of Court 3.1308, the Court issues its tentative ruling as follows: l. Background A. Factual According to the SAC, on April 22, 2019, Plaintiffs purchased real property Imrated at 710 North Winchester Boulevard, Santa Clara, California 95050 (the "Property"). (SAC, 1, 19.) Douglas Michaud and Deborah Michaud were the Property sellers (collectively, the "Sellers"). (SAC, '1 2.) Lan...