Excerpt: ... of the Javid Family Trust, and their adult daughter Roya Javid, filed the first amended cross-complaint (FACC) against two groups of cross -defendants: the Tashjian Defendants and the OCTC Defendants.2 Safoora Javid subsequently passed away. Ahmad contends he is Safoora's successor in interest and the sole Trustee of the Javid Family Trust.3 This is disputed because, on November 30, 2023, Roya filed a petition in the probate division of this ...

Excerpt: ...n November 2, 2023, finding that Northrup failed to provide wage statements that complied with Labor Code Section 226 (“Section 226”) by (1) using two -separate wage -related documents to provide all legally -required information instead of one, (2) not listing the correct employ er name and (3) not permitting a reasonable employee to use simple math to calculate total hours worked when overtime hours were listed on the pay statement. The Co...

Excerpt: ... of these motions. The court's limited understanding as to the individual defendants, based on the parties' papers (which barely differentiate between the defendants), is as follows: (1) Tessier -Lavigne was the President of Stanford at the time of Katie Meyer's suicide —he is no longer President but is still employed by Stanford; (2) Brubaker -Cole is the Vice Provost for Student Affairs; (3) Zumwalt is the General Counsel; (4) Caldera is the ...

Excerpt: ...val of set tlement, which is unopposed. Subject to the changes to the notice discussed below, the Court GRANTS Plaintiff's motion for preliminary approval. I. BACKGROUND A. Factual According to the allegations of the operative complaint (“Complaint”), Plaintiff was employed by Defendant, who provides childhood care and education, from approximately October 2014 through May 2018 as a Substitute Teacher, an hourly- paid, non-exempt position. (C...

Excerpt: ...d minimum wages, failed to provide meal and rest periods or pay associated premiums, and failed to provide code -complaint wage statements, among other Labor Code violations. Before the Court is Plaintiff's motion for preliminary approval of settlement, which is unopposed. As discussed below, the Court GRANTS Plaintiff's motion. XIV. BACKGROUND According to the allegations of the operative class action complaint (“Class Complaint”), Plaintiff...

Excerpt: ...mpliant wage statem ents, and committed other wage and hour violations. Before the Court is Plaintiff's motion for final approval of settlement, which is unopposed. As discussed below, the Court GRANTS Plaintiff's motion. VIII. BACKGROUND Plaintiff was employed by Defendant from May 2018 to November 2018 as an hourly, non- exempt employee. (First Amended Class Action Complaint (“FAC”), ¶ 23.) According to Plaintiff, Defendant failed to pay ...

Excerpt: ...rtyards”). Plaintiff is an owner within the Courtyards. All owners within the Courtyards are members of Eagle Ridge Owners Association (“Association”) and subject to the Eagle Ridge Declaration of Covenants, Conditions and Restrictions (“CC&Rs”). The Courtyards are also subject to the Declaration of Annexation and Supplemental Restrictions for The Community of Eagle Ridge (“Supplement”). The Supplement mandates that the Association ...

Excerpt: ... and Pla intiffs surrendering the vehicle. The parties could not agree on an amount of reasonable fees and costs, thus this motion followed. II. Legal Standard An attorneys' fee award to the prevailing party is mandatory under the Song -Beverly act: “If the buye r prevails in an action under this section, the buyer shall be allowed the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including ...

Excerpt: ...e Order No. 4 -2001); (2) Failure to Provide Mandated Meal Periods (Violation of Labor Code Sections 226.7 & 512 and Wage Order No. 4- 2001); (3) Failure to Provide Mandated Rest Periods (Violation of Labor Code Section 226.7 and Wage Order No. 4 -2001); (4) Failure to Provide Item ized Wage Statements (Violation of Labor Code Sections 226 & 226.3 and Wage Order No. 7 -2001); (5) Failure to Pay Wages Upon Termination (Violation of Labor Code Sect...

Excerpt: ...iff entered a n investment advisory agreement with Clarity Wealth Advisors, LLC (“Clarity”) through its agent and owner Mr. Dalal. (FAC ¶ 20.) Pursuant to the agreement, Clarity agreed to provide investment advice to Plaintiff. (FAC ¶¶ 21 -22.) At all times relevant, Def endant Dalal was also a member of Casa Blanca Investments, LLC (“Casa Blanca”) and its agent. (FAC ¶ 41.) In October 2018, Mr. Dalal advised Plaintiff to invest in Ca...

Excerpt: ...heard. [Citation.] In [determining] the county (or counties) where venue is proper, the courts generally look to the main relief sought, as determined from the complaint as it stands at the time of the motion for change of venue. [Citation.]” (K.R.L. Partnership v. Superior Cou rt (2004) 120 Cal.App.4th 490, 496- 497.) “‘It is a long established rule that a motion for change of venue must satisfy two requirements: (1) It must be shown the a...

Excerpt: ...4401) (“F irst Action”); and (2) Kenneth Nguyen v. Port Plastics, Inc. (Santa Clara County Superior Court, Case No. 22CV394403) (“Second Action”). The Representative Action Complaint filed in the First Action on February 15, 2022, set forth a single cause of action for Civil Penalties Pursuant to Labor Code §§ 2699, et seq. (“PAGA”) based on underlying wage and hour violations. The Class Action Complaint filed in the Second Action...

Excerpt: ...nder Labor Code §§ 26 98 et seq. (“PAGA”). On November 30, 2022, the court entered an Order Deeming Case Complex and Staying Discovery and Responsive Pleading Deadline. On December 5, 2022, Plaintiff filed a Proof of Service of Summons, stating that the summons and complaint was served on Defendant's registered agent on December 2, 2022. The minute order from a Case Management Conference on April 19, 2023, states that the court lifts the s...

Excerpt: ...sets forth the following causes of action: (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 Reimburse Business Expenses; (6) Failure to Provide Accurate Itemized Wage State ments; (7) Failure to Pay Wages Timely During Employment; (8) Failure to Pay All Wages Due Upon Separation of Employment (9) Violation of Business and Professions Code §...

Excerpt: ...; and (2) David Hernandez v. Burdick Painting (Santa Clara County Superior Court, Case No. 20CV366446) (“Second Action”). Both cases are putative class actions arising out of alleged wage and hour violations. The Class Action Complaint filed in the First Action on Febr uary 21, 2020, sets forth the following causes of action: (1) Failure to Pay All Wages; (2) Failure to Pay Reporting Time Pay in Violation of California Labor Code §§ 218, 1...

Excerpt: ... (1) Violation of 15 U.S.C. §§ 1681b(b)(2)(A) (Fair Credit Reporting Act); (2) Violation of 15 U.S.C. §§ 1681d(a)(1) and 1681g(c) (Fair Credit Reporting Act); (3) Violation of California Civil Code § 1786 et seq. (Investigative Consumer Reporting Agencies Act); (4) Violation o f California Civil Code § 1785 et seq. (Consumer Credit Reporting Agencies Act); (5) Failure to Provide Meal Periods (Lab. Code §§ 204, 223, 226.7, 512 and 1198); (...

Excerpt: .... Plaintiff Eftychios Theodorakis alleges that he was employed by Defendant Dfinity as a software engineer in August 2018. (Complaint, ¶11.) Dfinity is a wholly owned subsidiary of Dfinity Stiftung, a not -for - profit foundation with its principal place of business in Zurich, Switzerland (“Dfinity Foundation”). (Complaint, ¶¶2, 3, 11.) Dfinity is a decentralized network design whose tokens are a form of digital currently similar to ...

Excerpt: ...9, Plaintiffs purchased real property located at 710 North Winchester Boulevard in Santa Clara (the “Property”). (TAC, ¶ 1.) Samantha Landon was the Sellers' real estate agent and Excel was the real estate broker for the Sellers. (TAC, ¶ ¶ 4, 5.) Walter E. Mc Guire Real Estate was the real estate broker. (TAC, ¶ 6.) Morgan Ann Amos Manos was Plaintiffs' real estate agent on the Property under the brokerage of McGuire. (TAC, ¶ 7.) On Apri...

Excerpt: ...ehavior by a s enior executive as required by Samsung internal policies and was promptly fired in retaliation for this protected activity. Mo filed his Complaint on December 2, 2022, asserting (1) unlawful retaliation in violation of public policy, (2) wrongful termination in violation of public policy, and (3) discrimination and harassment. Samsung filed an answer on February 6, 2023, denying all allegations and asserting in its fifteenth af...

Excerpt: ...S OF SHANNON AND ELIZABETH CRAWFORD Factual and Procedural Background Soukoulis FAC Plaintiff Richard D. Soukoulis (“Soukoulis”) is the owner of residential real property commonly known as 21296 Cinnabar Hills Road in San Jose (“Soukoulis Property”). (First Amended Com plaint (“FAC”), ¶1.) Defendants Diana Avila Southern and Richard Southern (collectively, “Southerns”) are owners of residential real property commonly known as 212...

Excerpt: ...partan sought damages i n the amount of $31,945.19 plus finance charges and interest and attorney's fees of $2,058.00. (See 4AC, first cause of action, ¶¶ BC -2 -6.) Defendant Annie Kim Le, aka Annie Le, aka Annie K. Le, Anniel A. Le, aka Anh Le, aka Kim Le, aka, Kim A. Le, aka A nnie Le Anna, aka K. Le Anna, aka K. Leannie, aka K. L. Leannie dba American Gas & Oil Corporation and dba Philip, LLC (“Le”) personally guaranteed and promised ...

Excerpt: ... victims and killed two others. Grace Solutions provides emergency shelter for the unhoused throughout San Jose, CA. (RSSUF Nos. 1 & 2) In 2021, Grace Solutions entered into an agreement with Defendant GRACE BAPTIST CHURCH to utilize their space for Grace Solutions' emer gency shelter for the unhoused. (RSSUF No. 3) At the time of the incident, Grace Solutions had seven employees, including Mr. Chelley, and a number of volunteers working at the p...

Excerpt: ...tion.” (See also Department of Forestry & Fire Protection v. Howell (2017) 18 Cal.App.5th 154.) There are four types of terminating sanctions: (1) striking pleadings in whole or in part; (2) staying further proceedings by a party until it obeys a discovery order; (3) dismissing the action or part of it; and (4) rendering a default judgment. (Code of Civ. Pro. §2023.030(d).) An issue sanction either orders that designated facts be taken as esta...

Excerpt: ...undivided one - eighth tenant -in -common interest in the Cupertino Property, and Irina is owner of an undivided three - eighths interest in the Cupertino Property. (Id. at ¶¶3 -4.) Bernard is the father of Owen, the father -in - law of Irina, a trustee of the Bernard Buckvar Revocable Trust dat ed October 24, 2014 (the “Trust”), and the owner of undivided one -half interest in the Cupertino Property. (Id. at ¶5.) On 2 December 2014, Berna...

Excerpt: ...ttachment alleges that “Pomogaibo has to sent [sic] order for publication, summons, and credit card details to newspaper. Newspaper has to publish summons 4 weeks and charge $400 for it. Newspaper refused to comply with court order based on conversation with attorney Ekate rina Berman, who said to newspaper three false datums – she represented his client Yevgeniy Babichev, [I]'m [vexatious] litigant, [I] have not received permission from pres...