Excerpt: ...t, 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 27 March 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motion of Plaintiff For Preferential Trial Setting. l. Statement of Facts. Plaintiff filed this complaint for damages and equitable relief on 22 August 2022.10 The complaint generally alleges on 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 27 March 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Orders On Defendants Mehrra Jewellers, Inc., Naresh Mehra, And Shivam Mehra's 1. Demurrer To Plaintiff Virtsoft, Inc.'s First Amended Complaint; and 2. Motion To Strike Plaintiff Virtsoft, Inc.'s First Amended Complai...

Excerpt: ... for negligent misrepresentation. A. Facts On November 30, 2017, third-party Kurt Orban Partners, LLC entered into an $85,000,000 credit facility with several lenders, including Plaintiffs. (FAC, '13.) Initial and subsequent funding underthe credit facility was conditioned on Kurt Orban Partners, LLC's delivery of an unqualified audit opinion on its consolidated financial statements. (Ibid.) Accordingly, Kurt Orban Partners, LLC retained Squar to...

Excerpt: ... written lease agreement for a commercial property ("Premises 1") located at 1250 Memorex Drive in Santa Clara for a period of 36 months. (Complaint, '1 9.) Nearly three years later, on February 13, 2017, the parties entered into a First Amendment to Lease which, among other things, extended the term of the aforementioned lease through February 28, 2019, and increased the base monthly rent. (ld., '1 10.) The lease, a Lease Rider and First Amendme...

Excerpt: ...ose. 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 22 March 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Orders on: 1. Cross-Defendant Freidrik Ternian's Demurrer To Ninos Ternian's Cross-complaint; and 2. Cross-Defendant Freidrik Ternian's Special Motion To Strike Ninos Ternian's Cross-claim For Breach Of Contract U...

Excerpt: ...and damages. (See SAXC, '1 5.) Reyna was involved in a traffic collision that occurred on or about November 15, 2019 at the intersection of Jacklin Road and the southbound off-ramp of Interstate-680 in Milpitas, California. (Ibid.) Reyna alleges Cross-complainants were negligent in the operation of their vehicles, which caused the underlying traffic collision and her resulting injuries and damages. (ld. at 5.) Cross-complainants contend a defecti...

Excerpt: ...llectively, "Defendants") breached a settlement agreement that arose from a loan ownership dispute between the Trust and Neal. (SAC, '1 12.) Neal filed that underlying loan ownership dispute against the Trust, which Neal alleges was represented by Robinson and WFZ. (ld. at '1 14) Neal also alleges that on December 30, 2021, he made an initial offer of $750,000 "in exchange for conveyance of complete title of the subject property to Plaintiff by D...

Excerpt: ... Encore Industries); 2. Breach of Fiduciary Duty (against Vogel); and 3. Declaratory Relief (against all Defendants). Hacker is a director and minority shareholder with 29,400 out of a total of 60,000 shares of common stock in Encore Industries. Vogel possesses the remaining 30,600 shares. (Complaint, 5-7.) Encore Industries was incorporated in 1997. Until 2010, Vogel served as its Chief Executive Officer ("CEO") and President. (Complaint, '18.) ...

Excerpt: ...rd in Santa Clara, California 95050 ("Property"). Plaintiffs Amelia Glissman and Michael Contolini ("Buyers") purchased the Property from Douglas Michaud and Deborah Michaud ("Sellers"). Excel Reality Inc. was the real estate broker and Samantha Gail Landon was the real estate agent for the Sellers ("Sellers' Agents"). Walter E. McGuire Real Estate, Inc. was the real estate broker and Morgan Ann Amos Mano was the real estate agent for the Buyers ...

Excerpt: ...low, the Court is inclined to grant preliminary approval, subject to the parties' agreement (1) to amend the release to conform with Amaro v. Anaheim Arena Management, LLC (2021) 69 Cal.App.5th 521 (Amaro) and (2) to use a single definition for the entire proposed class. l. BACKGROUND Plaintiff worked for Defendant from November 24, 2014 to November 16, 2021, as a non-exempt employee in various positions. (First Amended Class and Representative A...

Excerpt: ...nits and 18 office units. Plaintiff filed the original complaint in this action on May 28, 2021. It filed the operative First Amended Complaint ("FAC") on August 12, 2021. The FAC states five causes of action against Defendant and various Does: (1) "Breach of CCRs and Civil Code 4775"; (2) "Breach of the SAR Contract"; (3) Negligence; (4) Common Counts and Quantum Meruit; and (5) Declaratory Relief. Both the original complaint and the FAC allege ...

Excerpt: ...this case. De La Rosa's Retail Installment Sales Contract ("sales contract") with Premier included an agreement to arbitrate all claims arising out of or relating to the "purchase or condition of this vehicle, this contract or any resulting transaction or relationship (including any such relationship with third parties who do not sign this contract).. " Although Nissan was not a signatory to this sales contract, De La Rosa alleges that "[allong w...

Excerpt: ...e action. In 2001, plaintiff Roger Nelson ("Plaintiff") purchased real property located at 1201 Ayer Dr. in Gilroy, California ("Property"). (See First Amended Complaint ["FAC"I at 1, 13.) Plaintiff purchased the Property for $425,000 by obtaining loans from First Franklin in the amounts of $339,950 ("First") and $85,000 ("Second Home Equity Line"). (ld. at '1 13.) Plaintiff refinanced the First loan in 2004 for $333,000 through Pacific Financial...

Excerpt: ...iginal Complaint against defendants Ruby Thai Valley Fair, LLC and Yuh Mei Chiou on November 8, 2018. The Complaint set forth the following causes of action: (1) Failure to Properly Pay Minimum and Overtime Wages; (2) Failure to Pay Wages Due and "Waiting Time" Penalties; (3) Failure to Provide Accurate Wage Stubs; (4) Failure to Provide Meal Periods or Compensation in Lieu Thereof; and (5) Restitution for Unfair Business Practices. On February 5...

Excerpt: ...l Penalties Under Labor Code S 210; (2) Civil Penalties under Labor Code S 226.3; (3) Violation of Labor Code S 558; (4) Violation of Labor Code S 1174.5; (5) Violation of Labor Code S 1197.1; and (6) Civil Penalties under Labor Code S 2699. On May 17, 2022, Plaintiff filed the operative First Amended Complaint against Defendants, which sets forth the following causes of action: (1) Failure to Pay Overtime Wages; (2) Failure to Pay Minimum Wages;...

Excerpt: ... Complaint, filed on October 19, 2020, Defendant employed Plaintiff as an hourly non-exempt employee from February 22, 2010 to August 6, 2020. (Complaint, '1 7.) Plaintiff alleges Defendant failed to provide accurate wage statements to its employees. (ld. at 21 & 28.) Specifically, when overtime wages were paid, the wage statements issued to Plaintiff and putative class members identified the overtme rate as half of the regular rate of pay. (Comp...

Excerpt: ...th America Holdings, Inc., and JSR Life Sciences, LLC (collectively, "Defendants") alleging causes of action for: (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 Statements; (7) Failure to Pay All Wages Due Upon Separation of Employment; and (8) Violation of Business...

Excerpt: ...ice and breach of contract arising out of a dispute between plaintiff Naren Chaganti, Fifth Third, and Plaintiffs former counsel, Luby. According to the Complaint, in October 2008, Fifth Third, a bank based in Cincinnati, Ohio, opened two business trust accounts for Whispering Oaks RCF Management Co. Inc. ("Whispering Oaks") in St. Louis, Missouri. (Complaint, 2, 5.) The purpose of these accounts was to hold funds for those under the care of a Wh...

Excerpt: ...ny party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 13 March 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motion of Defendant C3 Care LLC to Compel Plaintiffs to Provide Further Responses and for Monetary Sanctions. l. Statement of Facts. Deferred. II. Motion. In the current discovery at issue, defendants seek the ...

Excerpt: ...serta's Requests for Pr(Nluction, Set No. 3; (7) further dtNuments and responses in connection with Caserta's Requests for Production, Set No. 4; (8) further documents and responses in connection with Caserta's Requests for Production, Set No. 5; (9) further documents and responses in connection with Caserta's Requests for Production, Set No. 6; (10) further documents and responses in connection with Caserta's first supplemental request for of do...

Excerpt: ...dant Dfinity as a software engineer in August 2018. (Complaint, 911.) 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 bitcoin. (Complaint, 912.) As a condition of his employment with Dfinity, Plaintiff was ...

Excerpt: ...osing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 13 March 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order On Defendants Nwe Technology, Inc. and Hon Hai Precision Industry Co., Ltd .'s Motion For Summary Judgment, Or In The Alternative, Summary Adjudication. l. Statement of Facts. On or about 17 November 2018, defendant Zeja Wu (...

Excerpt: ... (the "Property") after purchasing it at a foreclosure sale conducted under a pov.er of sale contained in a deed of trust executed by Defendant. (Complaint, '1 4, Exhibit A.) On October 31, 2018, Plaintiff purchased the Property from Chase. (ld., '1 5, Exhibit B.) On November 14, 2018, Plaintiff caused to be served on Defendant a three-day Notice to Quit pursuant to Code of Civil Procedure section 1161a, subdivision (b) (the "Notice"). (Complaint...

Excerpt: ... Defendants. The Court has now reviewed all filings from the parties. Based on the filings and the arguments of Counsel at Feb. 14th hearing, the now finds as follows: Plaintiff asks for sanctions against Defendants GS Almaden LLC and Greystar California ("Defendants") for failure to comply with their discovery obligations. As acknowledged by both sides, Defendants did not comply with the time constraints of this Court's order of June 20, 2022. D...

Excerpt: ...tion of Corporations Code SS 25401, 25501, 25504.1; 3) Violation of Fair Labor Standards Act of 1938; 4) Violation of Labor Code SS 558.1(a), 1194(a) and 1194.2(a); 5) Violation of Labor Code S 1197.1(a); 6) Violation of Labor Code SS 201(a), 203(a) and 558.1(a); 7) Violation of Labor Code S 204(a); 8) Violation of Labor Code S 226; 9) Violation of Labor Code S 226.8; 10) Fraud; 11) Exemplary damages; 12) Negligent misrepresentation; 13) Breach o...