Excerpt: ...ODUCTION on May 26, 2021, then Valley Transit Authority ("VTA") employee Samuel Cassidy shot and killed nine coworkers at a VTA facility in San Jose. Many of the decedents' heirs and estates have sued VTA, Santa Clara County ("the County"), and various security companies. Currently before the Court are: (1) demurrers filed in each of the above- captioned cases (except for the Balleza case) by the County ("County Demurrer"); and (2) demurrers file...

Excerpt: ... demurrer, filed on December 8, 2023, was untimely, and that it was filed after a default should have been entered by the clerk's office on November 30, 2023. The court disagrees with Zheng's argument that he had until December 12, 2023 to demur or otherwise respond to the complaint. That is based on the erroneous premise that the court's November 16, 2023 order on his (and Ni's) second motion to quash, as well as the Appellate Division's Novembe...

Excerpt: ...hich is opposed by Plaintiff. As discussed below, the Court SUSTAINS the motion, in part with leave to amend and in part without leave to amend. XVII. BACKGROUND A. Factual As alleged in the SAC, nine of Mr. aertolet's coworkers were killed in a mass shooting perpetrated by a fellow employee of the VTA on May 26, 2021. (SAC, '18.) The shooting took place at the VTA's Guadalupe Division facility which is located in the Civic Center neighborhood of...

Excerpt: ...ating to the construction of a surgery center located at 2039 Forest Avenue, San Jose, CA 95128 ("Surgery Center"). According to Physician Surgery, due to Shultz's negligence, the electrical system failed to meet the applicable standard and specification or to pass inspection until October 11, 2019, resulting in substantial costs, expenses, and lost profits. Physician Services also alleges: "Due to a typographical error, the contract misspelled '...

Excerpt: ...led on May 18, 2023, states two causes of action: (1) Violation of the Song-Beverly Act—Breach of Express Warranty, and (2) Fraudulent Inducement—concealment. The complaint alleges that, as part of the purchase of the subject vehicle, Ramadoss entered into an express written contract with Honda, a warranty agreement that is attached to the complaint as Exhibit 1. (Complaint at 9.) The complaint alleges that Honda was aware of the sensing defe...

Excerpt: ...se suffered by Plaintiff when she was a student at St. Aloysius. (SAC, '1 28.) In 1997, when Plaintiff was four years old, she participated in school related and after-school activities at St. Aloysius. (SAC, 30.) Father Benedict Van Der Putten ("Van Der Putten") was a priest at St. Aloysius and he sexually abused and assaulted Plaintiff multiple times from 1997 to 1999, when Plaintiff was six years old. (Ibid.) Van Der Putten's inappropriate beh...

Excerpt: ... to the Estate of Timothy Swihart, Deceased (collectively, “Plaintiffs”) NOTICE: OK RELIEF REQUESTED: Moving Defendants demur to the second, third, and fourth causes of action in Plaintiffs' complaint. Moving Defendants also seeks an order striking Plaintiffs' references to punitive damages and attorney fees from the complaint. TENTATIVE RULING: The demurrer is sustained as to Plaintiffs' second and fourth causes of action and overruled as to...

Excerpt: ...plaint alleging a single cause of action under the Private Attorneys General Act of 2004. (Complaint, 2 & 21 On April 20, 2021, defendants Food Management Partners, Inc., Buffets, LLC, and FMP-Ovation Payroll, LLC (collectively "Defendants") notified this court that they filed a petition for chapter 11 bankruptcy. On October 11, 2022, Spencer Skeen ("Skeen"), Tim Johnson, and Jesse Ferrantella, attorneys with the law firm of Ogletree, Deakins, Na...

Excerpt: ...wing causes of action: (1) Failure to Pay Minimum Wages (Labor Code SS 1194, 1197, 1197.1, 1198, 1199); (2) Failure to Reimburse Work Related Expenses (Labor Code S 2802); (3) Failure to Provide Timely Rest Periods and/or Pay Rest Period Premiums (Labor Code S 226.7 and S 12 of IWC Wage Order No. 5); (4) Failure to Provide Timely Meal Periods and/or Pay Meal Period Premiums (Labor Code SS 226.7, 512, and S 11 of IWC Wage Order No. 5); (5) Failure...

Excerpt: ... cyber-related insurance risks. (Amended Complaint ("AC"), 2.) Defendant/crosscomplainant is a software company that provides software for secure electronic file sharing and services to customers. (ld., '1 5.) Defendant/cross- complainant developed and sold licenses for software called File Transfer Appliance ("FTA"), which it marketed as a secure method of transferring files. (ld., 7.) Insured A was Plaintiff's insured and one of Defendant's FTA...

Excerpt: ...Decedent's children. (PLD-PI- 001, MC-025.) The Complaint alleges that on November 12, 2020, Defendant hired Decedent to cut down and remove trees from his private property located at 18702 Bear Creek Road, Los Gatos, California, 95033 ("Subject Property"), knowing that Decedent did not have a contractor license. Defendant allegedly negligently created a dangerous condition on the Subject Property and failed to warn or guard the Decedent against ...

Excerpt: ...ctober 3, 2023, after the court overruled in part and sustained in part a demurrer to the first amended complaint. The present demurrer concerns Encore's cross-complaint, filed on June 9, 2023, which states causes of acton against Hacker for: (1) Breach of Fiduciary Duty; (2) Conversion; (3) Common Counts; and (4) Imposition of Constructive Trust. The cross-complaint alleges that Hacker was the Chief Executive Officer of Encore from 2010 to 2016 ...

Excerpt: ...t deed recorded on July 12, 2016 ("Julio Vesting Deed"). (Complaint, 98.) The purchase price for the Julio Property was $850,000 financed in part by a loan from Bank of America in the amount of $680,000 evidenced by a note executed by plaintiff Kalawade and defendant Chauhan as borrowers ("80FA Mortgage") and secured by a deed of trust executed by plaintiff Kalawade and defendant Chauhan as trustors and recorded against the Julio Property on July...

Excerpt: ...ter of Agreement ("LOA") that was allegedly entered into on April 21, 2020. (See Complaint at "1 5-8.) The complaint states three causes of action: (1) Breach of Contract (alleging a failure to pay for materials and finished goods in breach of the LOA); (2) Breach of the Implied Covenant of Good Faith and Fair Dealing (again alleging a failure to pay for materials ordered under the LOA); and (3) Promissory Estoppel (alleging reasonable reliance o...

Excerpt: ...ly injury and harm to Plaintiff (Complaint, "12 — 13.) The walkway was situated within improved public property owned, occupied, and controlled by defendants County of Santa Clara ("County"), City of San Jose ("City"), State of California ("State"), and California Department of Transportation ("Caltrans"). (Complaint, 912.) Defendants carelessly and negligently installed, used, controlled, maintained, and/or inspected the subject area so as to ...

Excerpt: ...d a financial relationship with Plaintiff on July 20, 2018. (FAC, 14.) Oracle knew its representation about Plaintiff's compensation was false. (ld. at '1 17.) Plaintiff relied on Oracle's representation when it began sharing its know-how and expertise with Oracle. (ld. at '1 15.) By September 2019, Oracle had changed its arrangement with Plaintiff and declared that a referral fee financial scheme was no longer available to Plaintiff. (ld. at '1 ...

Excerpt: ...ther. Currently before the court is a motion for "summary interlocutory judgment," filed by Diana on November 1, 2023. II. ACTIONS FOR PARTITION "A co-owner of real or personal property may bring an action for partition." (Code Civ. Proc., S 872.210.) As a general matter, "partition" is "the procedure for segregating and terminating common interests in the same parcel of property." (14859 Moorpark Homeowner's Assn. v. VRT Corp. (1998) 63 Cal.App....

Excerpt: ...of Court 3.1308, the Court issues its tentatve ruling as follows. l. Background This is an action arising out of the alleged improper suspension of a kindergarten student at Ruskin Elementary School ("Ruskin"), which is in the District. On June 6, 2019, a teacher allegedly saw Aygulina pinning another girl ("K") against the wall and trying to kiss and fondle her. (FAC, 17.) Aygulina was suspended for one day, which was the last day of school and ...

Excerpt: ...vidence or appears reasonably calculated to lead to the discovery of admissible evidence." (Code Civ. Pro. S 2017.010.) Everything that is relevant to the subject matter is presumed to be discoverable. (ld.) The Discovery Act further declares that "the court shall limit the scope of discovery" if it determines that the burden, expense, or intrusiveness of that discovery "clearly outweighs the likelihood that the information sought will lead to th...

Excerpt: ...ts filed and unlawful detainer action to remove Plaintiff from the Property, and Plaintiff filed the instant lawsuit asserting (1) Breach of Implied Warranty of Habitability, (2) Breach of the Covenant of Quiet Enjoyment, (3) Nuisance, (4) Negligence, (5) Violation of San Jose Municipal code Section 17.23.1250(A), (6) Violation of San Jose Municipal Code Section 17.23.010, et. seq., (7) Violation of San Jose Municipal Code Secton 17.20.900, et. s...

Excerpt: ...ontrol of his assets and companies." (July 20, 2022 Order at p. 1:19-22.) At the most recent hearing, on June 20, 2023, the court heard three motions from the parties. Now before the court are five more motions: (1) Defendants' motion to file under seal documents related to Adult Protective Services ("APS") records; (2) the State Bar of California's motion for a protective order (and request for sanctions); (3) Defendants' motion to compel Lee to...

Excerpt: ...be brought to trial within five years after the action is commenced against the defendant." Dismissal of cases not brought to trial within this timeframe is mandatory. Code of Civil Procedure section 583.360, titled "Dismissal", states: (a) An action shall be dismissed by the court on its own motion or on motion of the defendant, after notce to the parties, if the action is not brought to trial within the time prescribed in this article. (b) The ...

Excerpt: ...anty with AMH. During the warranty period, the Vehicle's Honda Sensing system suffered from defects. (Complaint, "1 15-19.) According to material AMH provided to dealers, certain environmental and roadway conditions, such as bad weather, can affect the operation of Honda Sensing. (Complaint, '1 20.) Honda's owner's guide failed to disclose this information to Plaintiff. (Complaint, 21.) AMH, according to Plaintiff, knew that Honda Sensing had fau...

Excerpt: ...nchoscopy. (FAC, '1 2.) While Dr. Nathan was under anesthesia, the anesthesiologist left him for crucial minutes, during which he suffered a stroke. Failing to detect the stroke, Stanford staff wrongly concluded that Dr. Nathan had suffered a heart attack and did not conduct a physical or neurological examination until 48 hours after the procedure. Dr. Nathan was released on March 16, 2022, and has since been recovering in Santa Barbara. (FAC, '1...

Excerpt: ...fendants: the Tashjian Defendants3 and the demurring OCTC Defendants4 . During the relevant period, the Tashjian Defendants operated as a developer of highend real estate, primarily in Santa Clara County. ( AXC, '1 13.) Tashjian financed his real estate purchases and renovations through a combination of conventional mortgages through financial institutions and short-term bridge loans through private lenders, with the loans typically secured by de...

Excerpt: ...tersection of Tully Road in San Jose. (Complaint, '1 6.) Plaintiff Carmen Sandoval Duffy suffered serious injuries when she tripped and fell due to a change in elevation of the pavement that was not properly marked. (ld., 13-14.) Plaintiff filed a government entity claim with each defendant. (Complaint, '1 12.) On September 27, 2023, Plaintiff filed a complaint against defendants City, County, and State, asserting causes of action for: (1) Neglig...

Excerpt: ...counties do not provide and that Midpen is subject to California's laws pertaining to government contracts. Plaintiff filed this action on November 23, 2022, seeking a declaratory judgment, injunctive relief, and damages against Midpen for Midpen's alleged failure to follow the Ralph M. Brown Act (Govt. Code 554950, et. seq.) ("Brown Act") when it awarded a contract for stables concessionaire at Bear Creek Stables to Chaparral Country Corporation...

Excerpt: ...bedded finance platform enabling any organization to launch financial application products in a safe, compliant, and efficient manner. (FAXC, '1 7.) Taekus is a fintech startup payment card company that provides banking services and reward cards to consumers and businesses. (FAXC, '17.) Each time a consumer "swiped" their Taekus debit card to make a purchase, a series of complex transactions would take place that had the effect of debiting the co...

Excerpt: ...f obtained a mortgage loan on property located at 191 Curry Avenue in Morgan Hill (the "Property") from LoanCity.com in the amount of $569,700M, memorialized by a Deed of Trust. (FAC, '1 11.) The maturity due date is February 1, 2034. (Ibid.) The Trustee was First American Title. (Ibid.) Mortgage Electronic Registration System, Inc. ("MERS") was delineated as Beneficiary solely as nominee for the Lender. (Ibid.) On April 5, 2022, an assignment of...

Excerpt: ...r the purchase of a 153-acre parcel of real property located at 23760 Alamitos Road in San Jose ("Property") from Twin Creek Properties LLC (" CP"). (Second Amended Complaint ("SAC"), SITI — 2 and Exh. A.) The Purchase Agreement unambiguously identifies the Marosis in their individual capacities. (SAC, 93.) The Purchase Agreement was faxed to Fidelity National Title Company of California ("Fidelity Title") on or about May 17, 2013. (SAC, 94.) F...

Excerpt: ...BDII codes," vehicle symptom codes," "vehicle component repair codes," "customer complaint codes," and "labor operation codes" for the 2017 GMC Sierra 1500. Martin points out that "Plaintiff's counsel has several hundred cases pending against Defendant and Defendant's counsel, and has litigated hundreds of others" involving these issues. (Memorandum of Points and Authorities at p. 3:2-3.) This court has quite a few of those cases. In two of them,...

Excerpt: ... Shaw, SUSTAINS it IN PART and OVERRULES it IN PART. The motion to strike is MOOT as to CSU and GRANTED as to Mr. Shaw. I. BACKGROUND A. Factual According to the allegations in the SAC, for over fourteen years, Mr. Shaw, who was San Jose State university's ("SJSU") head athletic trainer, sexually abused countless female student athletes during allegedly sports-related massages by inappropriately and without consent touching them in their private ...

Excerpt: ...rties reached a settlement whereby FCA would pay Pewsey $38,000 and allow Pewsey to retain possession of his 2014 Dodge Ram 5500 truck. Pewsey now seeks attorney's fees in the amount of $102,220.50 plus $9,980.90 in costs. The court GRANTS the motion in large part and DENIES it in small part. There is no dispute that Pewsey is entitled to attorney's fees under the Song-Beverly Act; the only dispute between the parties is cwer the amount of those ...

Excerpt: ...ver the age of forty years old, sues under Assembly Bill 218 (codified as Code of Civ. Proc. 5340.1) In his first amended complaint ("FAC") Plaintiff alleges (1) negligence, (2) negligence supervision, (3) negligent hiring/retenäon, (4) negligent failure to warn, train of educate, (5) sexual harassment (Civil Code S 51.9), and (6) sexual harassment. II. Legal Standard A defendant may move for judgment on the pleadings when the "complaint does no...

Excerpt: ... services. (See FAC, 7.) Plaintiff provided legal services and advanced costs and expenses for District and invoiced District for those services, costs and expenses. (See FAC, 8.) District has failed to pay the remaining balance of Plaintiff's legal invoices, totaling $336,016.42 in unpaid legal fees and costs, as well as the contractually agreed service charge and interest. (See FAC, 9.) On May 1, 2019, Plaintiff served District with a claim for...

Excerpt: ... Abbott. As discussed below, Plaintiffs' motion is GRANTED IN PART and DENIED IN PART. l. BACKGROUND According to the allegations of the operative First Amended Complaint ("FAC"), filed on October 9, 2020, Defendant is a health care company that manufactures, markets, and distributes pediatric nutrition shakes for consumption by children ages one to thirteen under its PediaSure brand. (ld. at '13.) By placing statements such as "Complete, Balance...

Excerpt: ...lephone Line Tax fees due to the City of San Jose (the "City") to fund its 911 emergency response telephone system. Before the Court is Plaintiff's motion to vacate the Court's December 2, 2021 order dismissing this case without prejudice for failure to appear at a hearing on an Order to Show Cause, which is opposed by Defendants. As discussed below, the Court DENIES the motion. l. BACKGROUND Plaintiff initiated this acton with the filing of the ...

Excerpt: ...23, finding that Northrup failed to provide wage statements that complied with Labor Code Secton 226 ("Section 225") by (1) using two-separate wage-related documents to provide all legally-required information instead of one, (2) not listing the correct employer name and (3) not permitting a reasonable employee to use simple math to calculate total hours worked when overtme hours were listed on the pay statement. The Court awarded in classwide da...

Excerpt: ...auses of achon for: (1) Failure to Pay Minimum Wages; (2) Failure to Pay Wages and Overtime Under Labor Code S 510; (3) Meal-Period Liability Under Labor Code S 226.7; (4) Rest-Period Liability under Labor Code S 226.7; (5) Failure to Pay Vacation Wages; (6) Failure to Comply with Labor Code SS 245 and 246; (7) Reimbursement of Necessary Expenditures under Labor Code S 2802; (8) Failure to Comply with Labor Code S 2751; (9) Violation of Labor Cod...

Excerpt: ... ("Hightower") against defendants Compass Group USA, Inc. and Levy Premium Foodservice Limited Partnership ("Levy"), erroneously sued as Lew Premium Foodservice, Inc., (collectively, "Defendants") and arises out various alleged wage and hour violations. The operative First Amended Complaint, filed on December 10, 2019, sets forth the following causes of action: (1) Failure to Pay All Wages Owed Including Overtime; (2) Unlawful Deductions; (3) Fai...

Excerpt: ... Plaintiff designs, manufactures, and sells electric cars, electric vehicle powertrain components, as well as scalable energy generation and storage products. (FAC, 36.) Plaintiff sells successful electric vehicles and is poised to enter the pickup truck market, with over 500,000 reservations for its highly anticipated Cybertruck. (Ibid.) Defendants Rivian Automotive, Inc. and Rivian Automotive, LLC (collectively, "Rivian") are a prospective elec...

Excerpt: ...tatutory Damages ("Complaint"), filed on December 4, 2018, plaintiff Pamela Shereé Chambers ("Plaintiff") seeks statutory damages against defendant Crown Asset Management, LLC ("Defendant") arising from its routne practice of sending initial written communications in smaller than 12-point type. (Complaint, '1 1.) The Complaint sets forth a single cause of action under the CFDBPA. On December 27, 2022, the court granted Plaintiff's motion for cla...

Excerpt: ...omplaint for Declaratory Relief, Injunctive Relief, and Damages ("FAC"), filed on April 13, 2020 in federal district court, plaintiff Maria Consuelo Griego ("Plaintiff") seeks statutory damages against defendants The Tehama Law Group, P.C. ("Tehama"), Kes Narbutas ("Narbutas"), Cypress Asset Recovery Services, LLC ("Cypress"), Jeff Fernandez ("Fernandez"), Eric Wilson, Matthew Wright, and Patelco Credit Union ("Patelco"). 1 (FAC, 3 & 10-15.) Plai...

Excerpt: ...ment in a blockchain project known as the Internet Computer Protocol, which is operated by defendant Dfinity USA Research LLC ("Dfnity USA"). On May 8, 2023, Plaintiff filed a Complaint against Williams and Dfinity USA (collectively, "Defendants"), setting forth causes of acton for: (1) Tortious Interference with Contract; (2) Tortious Interference with Prospective Economic Advantage; (3) Breach of Fiduciary Duty; (4) Conversion; (5) Trespass to ...

Excerpt: ... to late 2022, the Subject Property went to a foreclosure sale auction. (Complaint, '1 12.) Plaintiff won the auction as the highest bidder and tendered payment in November 2022. (Complaint, 12, 15.) Pursuant to SB 1079, within 45 days from Plaintiffs tender, Defendant submitted her bid with an affidavit claiming preferential treatment as an "eligible-bidder." Defendant then took title and a deed in her name was recorded in November 2022. (Compla...

Excerpt: ...64 Senter Road, Unit No. 116, San Jose California ("the Property") since 1990. (FAC, 1.) The FAC alleges Plaintiff signed a Promissory Note for a Home Equity Line of Credit ("Promissory Note") in the amount of $40,500 wherein Plaintiff was Trustor and First Magnus Financial Corporation ("Magnus"), a now defunct Arizona Corporation, was the original beneficiary. (FAC, '1 6.) In connection with the Promissory Note, Plaintiff signed a Deed of Trust ...

Excerpt: ...T and J5. AT&T has also filed a cross-complaint against '5, Electric Tech, and Lawson Roofing ("Lawson"). Currently before the court is J5's demurrer to AT&T's first amended cross-complaint. A. The underlying Complaint and KY's Cross-complaint On July 14, 2021, Sraon initiated the principal action for breach of contract and negligence against KY and Electric Tech. The complaint alleges that KY and Electric Tech failed, among other things, to "mai...

Excerpt: ...ter she had surgery on her frozen left shoulder. She claims physical therapy "was pretty effective for releasing frozen shoulder but caused some damages on Deltoid muscle and back of my left shoulder." Plaintiff alleges she "had existing injuries before Physical Therapy: a torn supraspinator muscle, inflammation on both Deltoid and Supraspinatus, a depressed sub-Crominal space, after surgery with decompression, I went to Physical Therapy." She fu...

Excerpt: ...ntered into a warranty agreement, by which AHM undertook to preserve or maintain the utility or performance of the Vehicle. (FAC, 9.) She alleges AHM manufactured and/or distributed hundreds of thousands of vehicles with defective transmissions that were installed in a range of vehicles, including the subject Vehicle while knowing of the alleged transmission defect. (FAC, "1 11, 17, 19-40.) Plaintiff initiated this action on July 21, 2023, assert...

Excerpt: ...) Defendant General Motors, LLC ("GM") provided and Plaintiff received written warranties and other express and implied warranties with the lease of the Subject Vehicle. (Complaint, "7 — 8.) Plaintiff has delivered the Subject Vehicle to defendant GM's authorized service and repair facilities, agents, and/or dealers on numerous occasions resulting in the Subject Vehicle being out of service by reason of repair and nonconformities. (Complaint, "...

Excerpt: ...eferred to herein as "Villa Verde"; the last three defendants are referred to herein as "Sequoia." According to the complaint, filed on July 5, 2023, Getty is an "elder" within the meaning of the Elder Abuse and Dependent Adult Civil Protection Act (Welt & Inst. Code, SS 15600 et seq. (the "Elder Abuse Act")). (Complaint, 1.) She became a resident of Villa Verde, a residential care facility for the elderly on May 4, 2023, after sustaining and rec...

Excerpt: ...er to Mr. Abdo's Second Amended Cross-complaint came on for hearing on May 30, 2023. According to the local rules, Judge Manoukian issued a tentative ruling sustaining the demurrers without leave to amend. The parties appeared both for argument and a case management conference. Because Judge Manoukian had a particularly busy calendar that day, during the hearing, Mr. Abdo was not permitted to provide Judge Manoukian with his complete argument con...

Excerpt: ...tract; (2) Common Counts; (3) Account Stated; (4) Open Book Account; (5) Open 800k Account; and (6) Violation of Prompt Payment Statute (apparently referring to Business & Professions Code section 7108.5, though it is not identified in the body of the complaint). Attached to the complaint as Exhibit A is a copy of a "Subcontract Agreement" between the parties, identifying CPE as the "Contractor" and Arrow as the "Subcontractor." Attached to the C...

Excerpt: ... to be presented in boilerplate text in Pal's brief—to be completely meritless. The court granted Farmers' moton for summary judgment, negating all of Pal's causes of action, and entered a judgment that was entirely in Farmers' favor. Second, Pal misstates the burden of proof on a motion to strike or tax costs. He argues that because he "properly objected" to the memorandum of costs, "the burden shifted to Plaintiff to introduce evidence that t...

Excerpt: ...efendant General Motors, LLC ("GM") regarding a 2021 Chevrolet Bolt EV ("Subject Vehicle"), manufactured and/or distributed by defendant GM. (FAC, "1, 4, 6, 7, and Exh. A.) Plaintiffs purchased the Subject Vehicle at defendant GM's authorized dealer, Del Grande Dealer Group ("DGDG"), in San Jose. (FAC, 96.) Prior to purchasing the Subject Vehicle, Plaintiffs interacted with defendant GM's authorized sales representatives at DGDG who discussed the...

Excerpt: ...any ("FMC") that included that, in the event a defect developed with the subject vehicle during the warranty period, Plaintiff could deliver the subject vehicle for repair services and the subject vehicle would be repaired. (See FAC, 8.) During the warranty period, the subject vehicle had: defects related to the engine; defects causing EGR cooler failure; oil cooler failure; radiation failure; fuel injector failure; coolant entering the engine ve...

Excerpt: ...Plaintiff maintained his own private law practice. (Ibid.) In or around 2013, ATI became involved in litigation against another company. (SAC, 13.) Plaintiff was involved in managing outside counsel, consulting with outside counsel and ATI executives, researching areas of law for discussion with outside counsel, participating in witness and export depositions, participating in mediations, and having settlement discussions with the other company's...

Excerpt: ...Mejia was operating a commercial vehicle registered to defendant Dishnet Direct, Inc. ("Dishnet") and operated with the permission and consent of defendant Elia Victor Betbadal ("Betbadal"), Chief Executive Officer of defendant Dishnet. (FAC, "3 and 9.) Defendant Betbadal and others, including defendant Mejia, were engaged in operating defendant Dishnet on the date of the incident and continuing thereafter. (FAC, 910.) At the above date, time, an...

Excerpt: ...n permits for a new clinic he was planning on opening at 1378 El Camino Real in Santa Clara. (FAC, 8.) On October 31, 2021, Ma retained Defendants to complete the drawings and obtain the permits. (Ibid.) The parties agreed that Ma would pay $7,000 and Defendants would provide schematic designs, design development, and construction documents for the space, which would have three treatment rooms with a reception area, a Chinese medicine room, a lau...

Excerpt: ...022. It filed the operative First Amended Complaint ("FAC"), adding defendant Link Corporation ("Link"), on March 15, 2023. The FAC states claims for: (1) Fraud in the Inducement (against AMS, Achkar, and various Does); (2) Fraud and Deceit (against AMS, Achkar, and various Does); (3) Breach of Contract (against AMS and various Does); (4) Breach of the Implied Covenant of Good Faith and Fair Dealing (against AMS and various Does); (5) Professiona...

Excerpt: ...2 In the original complaint, plaintiff Martin alleges defendant Jose A. Ramirez ("Ramirez") is his landlord and that defendant Ramirez (and/or agents, employees, co- conspirators) committed trespass on plaintiff Martin's apartment. Plaintiff Martin's original complaint further alleged that defendant Emalee Ousley ("Ousley") and defendant Ramirez (and/or agents, employees, co-conspirators) committed an assault and battery. Plaintiff Martin's origi...

Excerpt: ...of the appellate fee award, requesting a total of $31,618,50 for its appellate work and the present motion. Defendants claim that this Court should not consider Plaintiff's opposition to its August 14, 2023 motion because it was late. The opposition was due nine court days before the hearing set for December 7, 2023. CCP S 1005. The opposition was filed on November 27, 2023. The opposition was due on November 22, 2023, as November 23rd and Novemb...

Excerpt: ...pposed. As discussed below, in the event that the discrepancy between the amount of litigation expenses requested by Plaintiff's counsel and the amount provided in the notice to class members is satisfactorily resolved, the Court is prepared to GRANT both motions. l. BACKGROUND Maxar specializes in the manufacture of satellites and the provision of satellite-related services. (Second Amended Complaint ("SAC"), '1 11.) Maxar s subsidiary Space Sys...

Excerpt: ...e Court is Plaintiff's moton for preliminary approval of a settlement, which is unopposed. As discussed below, the Court GRANTS Plaintiff's motion. VII. BACKGROUND On July 27, 2022, Plaintiff filed a class action complaint accusing Defendant of failing to: properly pay overtime, provide meal periods, authorize and permit rest breaks, properly pay meal and rest break premiums, pay minimum wages, pay timely pay wages during employment and upon term...

Excerpt: ... was sixteen years old at that time and participating in cooperative program between ESUHSD and the College District, began taking general psychology course at Evergreen taught by Defendant Brad Carothers. (FAC, 22.) Carothers began paying special attention to Plaintiff, including frequent late night phone calls and text messages. (FAC, 23, 25.) In April 2013, the conversations between Plaintiff and Carothers veered into inappropriate territory w...

Excerpt: ...ica Fernandez ("Defendants") oppose the motion, but their arguments are without merit. The court therefore GRANTS the motion. Helen, the minor plaintiff, is five years old, and her blood lead level was reported to be 25.1 micrograms per deciliter while living in the home owned and managed by Defendants. According to Plaintiffs, this is 26 times the average blood lead level of a person in the United States. Plaintiffs contend that Helen suffers fr...

Excerpt: ...tion to be designated as complex pursuant to Rule 3.400 of the California Rules of Court, which is opposed by TAT. As discussed below, the Court DENIES the motion. XV. BACKGROUND For ease of understanding the lengthy h-story of this achon and related litigation, the Court parrots much of the summary authored by the Fourth District Court of Appeal in its remittitur issued to this Court in January 2023. ZF Micro Devices was founded by David Feldman...

Excerpt: ...n the alternative, stay the representative action pending the outcome of arbitration of Plaintiff's individual claims. As discussed below, the Court GRANTS Defendants' motion to compel arbitration of Plaintiff's individual PAGA claim. Plaintiff's representative PAGA claim is stayed pending the outcome of his individual claim pursuant to Code of Civil Procedure secton 1281.4. XVIII.BACKGROUND According to the allegations of the operative Complaint...

Excerpt: ...d the Lex Apartments in San Jose (collectively, "Subject Properties"), as well as multiple other residential complexes throughout the State of California. (Complaint at '1 17.) Plaintiffs Kim Diaz, Brittany Jensen, Kayla Angerman, Akhil Koul, Chika Ofodu, Guadalupe Fuentes, Luis Heras, Joanne Hurlston, Karan Ghuman, Melissa Butler, and Gwendolynne Grey (collectively, "Plaintiffs") are prospective tenants of the Subject Properties. (ld. at 1-11.) ...

Excerpt: ...0, titled "Dismissal", states: (a) An action shall be dismissed by the court on its own motion or on motion of the defendant, after notice to the parties, if the action is not brought to trial within the time prescribed in this article. (b) The requirements of this article are mandatory and are not subject to extension, excuse, or exception except as expressly provided by statute. (Emphasis added.) "The purpose of the five-year rule is to 'promot...

Excerpt: ...of the appellate fee award, requesting a total of $31,618,50 for its appellate work and the present motion. Defendants claim that this Court should not consider Plaintiff's opposition to its August 14, 2023 motion because it was late. The opposition was due nine court days before the hearing set for December 7, 2023. CCP S 1005. The opposition was filed on November 27, 2023. The opposition was due on November 22, 2023, as November 23rd and Novemb...

Excerpt: ... of the California Rules of Court, which is opposed by Envirodigm, and Envirodigm's motion to seal certain related materials as well as its trade secret disclosure, which is unopposed by Apple. As discussed below, the Court GRANTS both motions. XXI. BACKGROUND A. Factual According to the allegations of the first amended complaint ("FAC"), on September 12, 2012, Apple introduced the iPhone 5 as its latest iteration of the product. (See FAC, '1 10....

Excerpt: ...laintiffs' allegations against the County are based on Government Code sections 835 and 840.2: i.e., a dangerous condition of public property. The County has filed two motions to compel against plaintiff Ayle: (1) for an order requiring substantive responses to supplemental document requests, and (2) for an order requiring Ayle to consent to non-party T-Mobile USA, Inc.'s ("T-Mobile's") production of phone records pursuant to subpoena. The court ...

Excerpt: ...partment. Defendant County of Santa Clara does not take any express position on this motion. The City raises two arguments in response to the motion.4 First, the City contends that the police report is protected from disclosure by Penal Code section 11167.5, which is part of the Child Abuse and Neglect Reporting Act ("CANRA") (Pen. Code, SS 11164-11174.3). According to the City, the report at issue was a "substantiated" report of child abuse "tha...

Excerpt: ...ng with Plaintiff. In its November 28, 2023 order, the Court ordered "the parties to submit on or before December 5, 2023 a joint letter brief (a) listing the discovery requests that still require Court intervention and (b) providing authority for the Court to sanction prior counsel to pay for Plaintiff's attorney fees and costs incurred in bringing this motion." The Court received the joint letter brief, which states the parties have resolved th...

Excerpt: ...nc. ("Defendant") in an amount exceeding $10,000,000 between September 2017 and September 2018. (Second Amended Complaint ("SAC"), 4-15.) The products included the Fortinet FortiGate models FG- 201E, FG-500E, FG-600D, FG-1500D, FG-3200D, and FG-3S50E; Fortinet Fortswitch models FSW-248D, FSW-248D-FPOE, FSW-248E-FPOE, FSW-448D, FSW-448D-FPOE, and FSW-1024D; and network management software including FortiManager, FortiAnalvzer, and FortAuthenticato...

Excerpt: ...pment LLC ("La Encina"), a California development company. La Encina hired Group One to construct five homes in San Jose but the contract was terminated prior to the completion of the project. On November 28, 2017, Group One filed a complaint for breach of contract and to foreclose a mechanics lien in the amount of approximately $985,000. On February 5, 2018, La Encina filed a Cross-complaint, which alleged claims for: (1) Breach of Contract; (2)...

Excerpt: ...2020, 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 Wai...

Excerpt: ...l Period Compensation; (4) Failure to Provide Rest Period Compensation; (5) Failure to Indemnify Necessary Business Expenditures; (6) Wage Statement Violations; (7) Waiting Time Penalties; (8) Private Attorney General Act (Labor Code SS 2699, et seq.) (9) Declaratory Relief; and (10) Unfair Competition in Violation of Cal. Business and Professions Code SS 17200, et seq. On April 13, 2022, the court entered an order dismissing Plaintiff's first th...

Excerpt: ...ction in whole or in part on any conditions that may be just." Code Civ. Proc. S 410.30(a). Factual Background In dissolving their marriage, Elizabeth Chung and David Chung are dividing their assets. Bend Capital, LLC ("Bend") holds title to the family home. Elizabeth and David are Members of Bend and each holds a 50% interest in Bend. The purpose of Bend is to borrow money and hold title to the family home. Elizabeth and David disagree about whe...

Excerpt: ...endor credit applications that, unbeknownst to Plaintiff, included personal guaranties against both Plaintiff and the CEO. (See SAC, 12.) On June 30, 2016, defendant Ron Jankov ("Jankov") had Plaintiff sign an indemnification agreement concerning the personal guarantees on the credit application Plaintiff signed. (See SAC, '1 13.) Platinum also obtained insurance policies from Admiral Insurance Company and QBE Specialty Insurance and expressly re...

Excerpt: ...ided at the time of the commencement of the action. On April 22, 2022, Li filed the operative first amended complaint for declaratory relief ("FAC"). On September 2, 2022, Mummah filed an answer to the FAC and a cross-complaint alleging a violation of the federal and California Fair Debt Collection Practices Acts ("FDCPA") ("cross-complaint"). The cross-complaint named Li's attorney, Scott A. Flaxman, as a cross- defendant. On March 6, 2023, Flax...

Excerpt: ...On or about 2 April 2007, plaintiff Brian Quinn ("Quinn") and his former spouse, Lisa Quinn ("Lisa")l , signed a promissory note with defendant Patricia Novak ("Novak") in the amount of $200,000, to be paid in installments, without interest. (First Amended Complaint ("FAC"), 94.) Plaintiff Quinn and Lisa made payments on the promissory note during their marriage totaling $237,443.00 and plaintiff Quinn paid an additional $5,500 to defendant Novak...

Excerpt: ...Properties, LLC, ("Owner") and FPI Management, Inc., ("FPI") for an apartment unit located at 2680 Fayette Drive, Mountain View, California, 94040, unit #201 ("Subject Unit"). Amirabbas Kashanipour, Alireza Kashanipour, Fatemeh Akhacanyekta (an individual and Guardian ad Litem for Amirehsan Kashanipour, a minor), Amirsadegh Kashanipour (collectively, "Plaintiffs") reside at the Subject unit, which Plaintiffs claim Defendants knew before December ...

Excerpt: ...on arises out of the medical treatment and passing of decedent Hugo Amaya ("Decedent"). Plaintiff Karen Amaya is Decedent's sister. (SAC, 1.) Around August 6, 2021, Decedent contracted COVID-19 and he was admitted to Kaiser-San Francisco and then transferred to Kaiser-Santa Clara. (SAC, 9, 11.) The same day, Decedent granted power-of-attorney to Amaya. (SAC, '1 61.) From October 2021 to January 26, 2022, Defendants constantly threatened to "pull ...

Excerpt: ...e case was thereafter transferred to Santa Clara County. Plaintiff alleges that on September 5, 2019, following an open court hearing in the State Courts of the Republic of Singapore, Jennifer Marie, Registrar of State Courts of Singapore entered a conclusive and enforceable judgment ("Judgment") against Defendant in the principal amount of $48,000 (USD), plus costs of $1,800 USD, plus interest at 5.33% per annum from the date of the preceding wr...

Excerpt: ..., including a cooling system leak, soot accumulation in the Vehicle's particulate filter which required a replacement of the vehicles entre fuel system. Consumer Law Experts, PC ("CLE") agreed to take Plaintiff's case on a contingency fee basis. During the litigation, CLE engaged in written discovery; produced the Vehicle for inspection; defended Plaintiff's deposition; attended court mandated case management conferences, informal discovery confe...

Excerpt: ...engineering work experience at the time he was hired. (ld.) In the summer of 2016, Plaintiff began suffering severe migraine headaches, which he attributes to Defendant's punishing work culture and schedule. (FAC, '1 20.) He informed Liftoff of his medical issues in 2016 and again in 2017 and was told there were not forms he needed to fill out to more officially inform Liftoff of this issue. (FAC, 20-21.) Despite his medical condition and gruelin...

Excerpt: ...ployed by Defendant Planned Parenthood Mar Monte, Inc. ("PPMM"). (Amended Complaint, 8.) Defendants hired Plaintiff on October 7, 2019 as VoIP Architect with job responsibilities that included general information technology, ensuring data security, design and implementation of Defendants' next generation Unified Communications as a Service, vendor selection and management, data analysis, and resign of Defendants' call center. (Amended Complaint, ...

Excerpt: ...NERGY LLC AND FERHAT ATAS TO STRIKE CLAIM FOR PUNITIVE DAMAGES l. statement of Facts. Plaintiff Blue Arc Electric, Inc. ("BAE") provides consultation, design, and engineering services related to the installation of electrical systems. (Complaint, 913.) In April 2022, defendant Ferhat Atas ("Atas"), on behalf of defendant Atash Energy, LLC ("Atash Energy"), hired plaintiff BAE to install can lighting on the campus of Cisco Systems, Inc. in San Jos...

Excerpt: ... court GRANTS in part and DENIES in part the motion to compel further responses; the court GRANTS the motion to compel compliance. 1. Motion to Compel Further Responses As a general matter, the court finds the vast majority of Applied's document requests to be overbroad, seeking information about not just potentially stolen Applied products, but also nearly all documents relating to legitimate sources and sales of Applied products. As far as the ...

Excerpt: ...") (collectively, "Defendants"). The complaint, filed on May 2, 2023, states 11 causes of action: (1) Breach of Contract (against all defendants); (2) Breach of the Covenant of Good Faith and Fair Dealing (against all defendants); (3) Promissory Estoppel (against all defendants); (4) unjust Enrichment (against all defendants); (5) Nonpayment of Wages (Labor Code, S 201(a)), (alleged against the three corporate entities); (6) unfair Competition (a...

Excerpt: ...nd Construction Incorporated ("ACI") on May 19 2023, making ACI's responses due June 21, 2023. ACI did not serve responses. A&E did not move to compel, but instead engaged in informal document exchange in the context of mediation, which informal exchange did not satisfy A&E's discovery requests. By email dated October 11, 2023, ACI first claimed not to have received the discovery, then after a telephone conference with A&E, acknowledged receiving...

Excerpt: ...nsel from the Sixth District Appellate Project ("SOAP"), Jared Coleman, who prepared and filed a criminal appeal, and prepared and planned to file a habeas petition with the Sixth District. (See complaint, 12-13.) Plaintiff reviewed the draft and suggested additional investigative work that Mr. Coleman was unable to do or did not have funds for. (See complaint, '1 14.) Plaintiff then floated the habeas petition draft to private attorneys for opin...

Excerpt: ...ants, all of whom are former Trace3 employees, joined Sycomp, a competitor, after abusing and exploiting their privileged access to Trace3's computer networks and devices to misappropriate Trace3's trade secret and confidential information to the benefit of Sycomp. Before the Court are two motions to seal by Trace3, as well as Sycomp's motion to com#l further responses to expedited discovery, all of which are opposed. For the reasons discussed be...

Excerpt: ...n account. Defendant claims she was "hacked." Plaintiffs served Form Interrogatories, Requests for Admission, and Requests for Production of Documents (Set One) on Defendant on March 24, 2023. On July 14, 2023, Plaintiffs emailed Defendant's counsel indicating Defendant had failed to respond to this discovery and offered July 28, 2023 as a new deadline for response and that full and complete responses without objections would be necessary to avoi...

Excerpt: ...Set One) on Plaintiff. After Defendants agreed to an extension for Plaintiff to respond, Plaintiff served responses to Special Interrogatory (Set One) and Requests for Production (Set One) by email on or about June 1, 2023. Defendants claim that as of the filing of their motion, Plaintiff did not response to Form Interrogatory General (Set One). Defendants sent meet and confer letters on June 8, 2023 and June 21, 2023. Plaintiff asked for an exte...

Excerpt: ...arefully read this provision, which applies to any dispute between you and Tesla, Inc. and its affiliates, (together "Tesla"). If you have a concern or dispute, please send a written notce describing it and your desired resolution to [email protected]. If not resolved within 50 days, you agree that any dispute arising out of or relating to any aspect of the relationship between you and Tesla will not be decided by a judge or jury but instead ...

Excerpt: ...d failed to provide wage statements, among other Labor Cade violations. Now before the Court is Plaintiff's motion for preliminary approval of a settlement, which is As discussed the Court GRANTS Plaintiff's moton. l. BACKGROUND Plaintiff was employed as a general laborer by Defendants, a non-exempt, hourly position, from December 28, 2018 through March 9, 2021. He initiated this action with the filing of the operative complaint on March 7, 2022,...

Excerpt: ...pposed. As discussed below, if Plaintiff provides the requested clarification on the procedures to be followed where checks mailed to Aggrieved Employees are returned to the administrator as undeliverable, the Court is inclined to GRANT the motion. l. BACKGROUND According to the operative First Amended Complaint ("FAC"), Defendant employed Plaintiff and "Aggrieved Employees" as non-exempt, hourly employees in California during the relevant statut...