Excerpt: ...on company doing business as AR Constructon ("ARC"). (ld. at '1 8.) ARC transferred its assets to a separate company, defendant Happily Ever After Design, LLC ("HEAD"), allegedly liable to Plaintiff on a successor liability theory. (ld. at 12.) Anthony left ARC on or about May 3, 2021, and joined HEAD on or about May 12, 2021. (ld. at "1 9, 12.) ARC transferred all or nearly all of its operating assets to HEAD in an attempt to avoid its creditors...

Excerpt: ...st Street, 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 06 March 2023. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo--- Order on Motions for Summary Judgment, or in the Alternative, Summary Adjudication to the Second Amended Complaints by Defendants Walsh Construction Company and Walsh Construction Company II, LLC...

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 06 March 2023. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo--- Order on Motion of Plaintiff to Reconsider and Amend the Order of This Court Dated 17 January 2023 to Hear Motion of Plaintiff for Leave to File a First Amended Complaint. I. Statement of Facts. On 09 Ja...

Excerpt: ...e permitted to testify remotely by video. As an initial matter, the court notes that the question of remote trial testimony is fundamentally one of trial management, and that the final decision should be made by the trial judge, who has not yet been assigned in this case. Consequently, although the court certainly understands the parties' desire for pretrial guidance and certainty in order to prepare for trial, any decision that the court makes o...

Excerpt: ...elate to two form interrogatories and one document request, all of which concern potential sub rosa survelliance (i.e., covert survelliance) by Defendants. Each side also seeks monetary sanctions against the other. After reviewing both sides' filings and the court file, the Court agrees with Plaintiff that photographs and films of surveillance are subject to discovery. (See generally Suezaki v. Superior Court (1962) 58 Cal.2d 166 (Suezaki).) Defe...

Excerpt: ...quash the deposition of Srinithin Sundararajan or, alternatively, for a protective order. Cisco also seeks monetary sanctions against InESS and its counsel. InESS did not file an opposition to Cisco's motion.10 As discussed below, the Court GRANTS Cisco's motion to quash and GRANTS IN PART its motion for a protective order. It DENIES Cisco's request for monetary sanctions without prejudice. I. LEGAL STANDARDS A party served with a deposition noti...

Excerpt: ...anuary 2022 but was continued by this Court due to an unavailability of trial departments. The trial was rescheduled to start on 12 September 2022 but was continued at the request of plaintiff. The current trial date of 27 February 2023 now looms. Defendant claims that in supplemental responses to discovery requests following the 19 January 2023 court hearing, plaintiff served to further responses to form interrogatories on 30 January 2023. In th...

Excerpt: ...ern California to Northern California for both a physical and mental examination, but Fouladi has since agreed to come to Northern California for the physical examination on February 27, 2023 (three days before this law and motion hearing). She remains resistant to coming to Northern California for a mental examination, however. Even though she is willing to submit to a mental examination, she wishes to do it within 75 miles of her home in Southe...

Excerpt: ...n arbitration proceeding with the American Arbitration Association, but that proceeding was dismissed on September 1, 2021 due to MCM's failure to pay the initial arbitration fees while the parties finalized a settlement. On February 16, 2022, citing Code of Civil Procedure section 1281.98 (“Section 1281.98”),6 Plaintiff moved to “reinstate” the class claim in this action, deem the matter complex, and reassign it to Department 1. In an or...

Excerpt: ...opposed. As discussed below, the Court GRANTS Plaintiff's motion. I. BACKGROUND Plaintiff worked for Defendant as a non- exempt employee from May 17, 2017 to March 1, 2021. (Complaint, ¶ 7.) He alleges that Defendant had a policy and practice of: (a) failing to pay employees minimum and/or overtime wages for time spent undergoing check in/out procedures, including COVID temperature checks and screenings; (b) failing to provide offduty 10-minute ...

Excerpt: ...d into the Mach49 Operating Agreement (“Operating Agreement”). Yates became the CEO of Mach49 and Plaintiff negotiated for veto rights over any proposed sale of Mach49, any proposed issuance of additional Mach49 stock, and any proposed amendment to the Operating Agreement. The Operating Agreement incorporated Plaintiff's and Founding Defendants' ownership interests in the 10,000,000 shares of stock issued by the company in Exhibit B. Because ...

Excerpt: ...istributed by defendant Sanctuary Systems LLC (“Sanctuary”). (Id.) Between January 2020 and April 2020, Sanctuary, defendant 305 Consulting LLC (“305 Consulting”), defendant Behnam Pourdeyhimi (“Pourdeyhimi”), defendant Bryan Sigler (“Bryan”), and defendant Robert Sigler (“Robert”) made representations to Plaintiffs that: (1) Sanctuary was an industry leader in the design, manufacture, testing, and distribution of respiratory ...

Excerpt: ...tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 27 February 2023. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo--- Order on Demurrer of Defendant Apple Inc. to the First Amended Complaint. I. Statement of Facts. This is an action for discrimination on the basis of national origin. A. Complaint. According to the First Amended Complaint (“FAC”), p...

Excerpt: ...Plaintiff was terminated on August 26, 2021. (Id. ¶ 26.) Plaintiff was employed by three business entities, each named as a defendant, and collectively referred to as “Employers” in the complaint: Power Personnel, Inc. (“Power”), Stanford Health Care (“SHC”), and Global HR Partners, LLC, (“Global”). (See Complaint, ¶¶ 3-6, 22.) At all times relevant to the complaint, Power owned and operated a private staffing agency (Id. at 7)...

Excerpt: ...nd warehouse. (Id. at ¶ 20.) Plaintiff Christopher Locsin (“Chris”) is a tenant-in-common owner of a fifty-percent (50%) interest in the Property. (Complaint at ¶ 3.) Defendant Dwight Locsin (“Dwight”) is a tenant-in-common owner of a fifty-percent (50%) marital interest in the Property together with defendant Denise Locsin (“Denise”). (Complaint at ¶ 4.) Defendants Dwight and Denise (collectively, “Defendants”) are husband and...

Excerpt: ...ended Complaint (“FAC”), which alleges the following causes of action: 1. Trade Secret Misappropriation (Civ. Code § 3426, et seq.); 2. Trade Secret Misappropriation (18 U.S.C. § 1836, subd. (b)); 3. Violation of California Data Access and Fraud Act (Cal. Pen. Code § 502); 4. Conversion; 5. Intentional Interference with Prospective Economic Advantage; 6. Intentional Interference with Contractual Relationship; and 7. Trade Libel. On October...

Excerpt: ... “Property”). (See FAC, ¶¶ 7, 11.) The rental agreement was subject to U.S. Department of Housing and Urban Development (“HUD”) project-based assistance and rules. (Id. at ¶ 11.) Plaintiffs requested repairs to the Property, but repairs were not forthcoming and were substandard when made. (See FAC, ¶ 12.) Security at the Property has been substandard throughout Plaintiffs' tenancy, including exterior locks that do not work, fire doors...

Excerpt: ...an José. 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 February 2023. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo--- Order On Motion Of Defendant San José Unified School District For Summary Judgment. I. Statement of Facts. On or around 27 May 2019, plaintiff John Doe (“Plaintiff”) was a student at Grant Elementar...

Excerpt: ... part the motion to compel. First, it appears to the court that some of the documents sought in this motion are discoverable, but just barely. As Ninico points out, Plaintiffs seek the documents in connection with their defamation cause of action, even though Ninico was retained eight months after the alleged defamation occurred. As a result, it seems that the most that Plaintiffs can hope for in these documents are damaging admissions by Defenda...

Excerpt: ...o would prepare and serve supplemental answers to Interrogatories Nos. 1-3 and 14-23 propounded by the 16 individual defendants (“Individual Defendants”), as well as supplemental answers to Interrogatories Nos. 1-7, 25, and 28-31 propounded by Defendant Rooled, Inc. If Defendants were satisfied with these supplemental answers, Defendants would take this hearing off calendar; if not, the parties would submit a joint statement identifying the r...

Excerpt: ...tive class claims. Defendant also moves to compel arbitration of the PAGA claim, based on the United States Supreme Court's decision in Viking River Cruises, Inc. v. Moriana (2022) ___U.S.___ [142 S. Ct. 1906, 2022 U.S. LEXIS 2940] (Viking River). Plaintiff opposes Defendants' motion, arguing that Defendants waived any right to compel arbitration. For the reasons discussed below, the Court GRANTS Defendants' motion in large part, but DENIES their...

Excerpt: ...AGA claim, based on the United States Supreme Court's decision in Viking River Cruises, Inc. v. Moriana (2022) ___U.S.___ [142 S. Ct. 1906, 2022 U.S. LEXIS 2940] (Viking River). Defendants seek dismissal of the representative PAGA claim. Plaintiff opposes Defendants' motion, urging that the parties' agreement here requires arbitration of the entire PAGA claim—including its representative component—and provides no basis to compel individual ar...

Excerpt: ...tion. I. BACKGROUND As alleged in the operative complaint, Defendant is a construction company that operates throughout California, including in Santa Clara County. (First Amended Class and Representative Action Complaint (“FAC”), ¶ 7.) Plaintiff was hired by Defendant as a Cement Mason in April 2018, and continues to be employed by Defendant as an hourly, non-exempt employee. (Id., ¶ 6.) Plaintiff alleges that the wage statements provided ...

Excerpt: ...aintiff's individual claims, dismiss his putative class claims, and stay the representative portion of his PAGA claims. Plaintiff opposes Defendants' motion, urging that Defendants fail to show he consented to the arbitration agreements at issue and the agreements are unconscionable. For the reasons discussed below, the Court GRANTS Defendants' motion in large part. I. BACKGROUND As alleged in the operative complaint, Defendants are engaged in th...

Excerpt: ... Plaintiffs are the wife and children of Walter Huang who suffered a fatal crash while driving his Tesla Model X in 2018. Mr. Huang added Autopilot when he purchased his Tesla, but he did not purchase the “Full Driving Capability Package.” According to Tesla, Autopilot provides numerous warnings and instructions to its users, both in the manual and in the car while the Tesla is in use, making clear that drivers need to keep their hands on the...