Excerpt: ...revino for battery and negligence, which remain at issue. The parties reached a settlement of the class and PAGA claims, which the Court preliminarily approved in an order filed on October 7, 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 motion for final approval of the settlement and for approval of her attorney...

Excerpt: ...ainst each of the Tributary Agencies, seeking declaratory relief.6 Trial is scheduled for April 10, 2023. On February 23, 2023, the Court issued an order denying the Tributary Agencies' motion for summary adjudication and granting in part separate motions for summary adjudication by Santa Clara and San Jose ("February Order").7 With respect to Plaintiffs' third cause of action for breach of mandatory duties underthe California Constituton as amen...

Excerpt: ...rising out of a failed business relationship. According to the SAC, in 2014, Plaintiff and his brother-in-law, defendant Nick Nguyen, discussed starting a restaurant to sell bowls. (SAC, 23-24.) During their subsequent efforts towards starting a restaurant, Plaintiff and Nguyen were jointly represented by attorney Lloyd Schmidt, whose responsibilities included, but were not limited to, drafting documents relating to the business' creation. (ld, 2...

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 05 April 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order On Defendants' Demurrer and Motion To Strike Portions Of First Amended Complaint. I. Statement of Facts. Plaintiffs Hui Jiang ("Jiang") and Shujing Huang ("Huang") are the owners of real property located at 1236 ...

Excerpt: ...ntiff for its CFO position and Wilco CEO Ramasamy emailed Plaintiff with compensation for the position: a base annual salary of $240,000, an annual performance bonus of up to 10% of his salary amount, and a 5% equity stake in Wilco. (See FAC, '1 11.) The salary and bonus terms of compensation were memorialized in an offer letter dated October 18, 2021, however, Ramasamy's October 17, 2021 email stated that "the equity related details will not be ...

Excerpt: ..., subdivision (e), of the Code of Civil Procedure i.e., on the ground that the complaint fails to state sufficient facts to allege a cause of action. A. Factual Allegations in the Complaint Catchlight filed the complaint on June 24, 2022. It alleges that Zhu misappropriated and absconded with investments that were originally made by Zhen Partners, a venture capital firm, in 2017. (Complaint, 2-3.) In that year, Zhen Partners and Leadvisor entered...

Excerpt: ...s unopposed. As discussed below, the Court GRANTS Plaintiff's motion. l. BACKGROUND Plaintiff worked for Defendant in Santa Clara County as a construction worker and foreman assistant from 2014 to June 2021. (First Amended Class and Representative Action Complaint ("FAC"), '18.) He alleges that Defendant failed to pay employees for all hours worked, including overtime, by requiring them to work off-the-clock: for example, when undergoing COVID sc...

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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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 ...