Excerpt: ...en 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 10 need to keep their hands on the wheel and “be prepared to take over at any time” even while Autopilot is engaged. Tesla also argues that consumers are made aware of Autopilot...

Excerpt: ...t clearly became so.” Cal.Gov. Code Section 12965(c)(6). The asymmetrical distinction between a prevailing plaintiff's and a prevailing defendant's ability to recover attorney's fees under the FEHA is meant to “make it easier for a plaintiff of limited means to bring a meritorious suit,” while serving “to deter the bringing of lawsuits without foundation,” “to discourage frivolous suits,” and “to diminish the likelihood of unjusti...

Excerpt: ...n, including a now abandoned claim for defamation. They filed a First Amended Complaint (“FAC”) on September 26, 2022 with the following five causes of action: (1) Breach of Express or Implied Contract; (2) Breach of the Implied Covenant of Good Faith and Fair Dealing; (3) Intentional Interference with Prospective Economic Advantage; (4) Wrongful Termination, and; (5) Intentional Infliction of Emotional Distress (“IIED”). Currently before...

Excerpt: ...iled an action to have a conservator appointed over Lorraine. (See FAC, ¶ 11.) Plaintiff retained defendant Howard G. Frank dba The Law Office of Howard G. Frank (“Defendant”) to represent her as a beneficiary of the Korpontinos 1988 Revocable Trust Agreement (“Trust”) and the subtrusts—the Lorraine A. Korpontinos Survivor's Trust (“Survivor's Trust”), the Lorraine A. Korpontinos Marital Trust (“Marital Trust”), and the George ...

Excerpt: ...led on October 24, 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 their attorney fees, costs, and service awards. Plaintiffs' motion is unopposed. As discussed below, the Court GRANTS final approval, but with a reduced attorney fee award of $257,764....

Excerpt: ...ed a 2010 Ford F-150 (the “Vehicle”), which was manufactured and/or distributed by FMC. (SAC, ¶ 7.) In connection with the purchase, Plaintiffs received an express written warranty, including a 3-year/36,000 mile express bumper to bumper warranty and a 5-year/60,000 mile powertrain warranty, which covers the engine and transmission. (SAC, ¶ 9.) During the warranty period, the Vehicle contained or developed defects, including but not limited...

Excerpt: ...to the SAC, on or about January 2012, Hunter purchased a 2011 Ford Edge (the “Vehicle”), which was manufactured and/or distributed by FMC.6 (SAC, ¶ 7.) In connection with the purchase, Hunter received an express written warranty, including a 3-year/36,000 mile express bumper to bumper warranty, a 5-year/60,000 mile powertrain warranty, which covers engine and transmission, and a 8-year/80,000 mile emission warranty, which covers the exhaust ...

Excerpt: ...h and negligence arising out of a motor vehicle accident. According to the allegations of the operative SAC, decedent Sanan Altaye (the “Decedent”) was employed as a commercial semi-truck driver and operated a 2006 Freightliner Truck and 2009 Trailer in that capacity. (SAC, ¶ 8.) On November 18, 2015, the 2006 Freightliner and 2009 Trailer were taken out of operation by the California Highway Patrol (“CHP”) after an officer conducted a D...

Excerpt: ... 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 16 February 2023. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo--- Order On Plaintiff Smartrent Technologies, Inc.'s Demurrer To Defendant And Cross-Complainant Level Home's First Amended Cross- Complaint. I. Statement of Facts. Plaintiff SmartRent Technologies, Inc. (...

Excerpt: ...SAC, ¶¶ 16-17.) Chen signed the document, thinking it was a sign-in sheet, and nobody described the document as a release of liability. (See SAC, ¶¶ 22-23.) Chen does not remember who handed him the clipboard or who told him that it was a sign-in sheet, but if that person was not a Silicon Shores employee, there was a Silicon Shores employee standing next to the person who referred to the document as a sign-in sheet, and that Silicon Shores e...

Excerpt: ...ntiff asserts that Feeva never authorized Gaskin to sign the 3/25/15 document on Feeva's behalf. (See FAC, ¶¶ 4-7.) While Plaintiff admits to having signed the agreement, he thereafter revoked his offer before all of the other sixteen parties validly executed the March 25, 2015 document. (See FAC, ¶ 8.) In the underlying action, on September 12, 2014, Plaintiff moved for an order deeming that Kaufhold Gaskin LLP (“KG”) did not represent Fe...

Excerpt: ...rate Statement of Undisputed Facts [“SSUF”] at No. 1.) Louisa Chiu (“Chiu”), Plaintiff's Managing Member, signed the Lease on behalf of Plaintiff. (Id. at No. 2.) Defendants Sant Mai and Trina Mai signed on behalf of Conway. (Ibid.) Also, on October 24, 2018, defendants Sant Mai, Trina Mai and Teresa Nguyen (collectively, “Defendants”) each signed a personal guarantee (“Guaranty”) for the Lease, guaranteeing Conway's obligations w...

Excerpt: ...North First 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 16 February 2023. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo--- Orders on: 1. Motion of Defendants to Compel Plaintiffs To Respond To Defendants' Special Interrogatories, Set One; 2. Motion of Plaintiffs to Compel Defendants Ford Motor Company To ...

Excerpt: ...s action. That is a proper subject for judicial notice. Evid. Code Section 452. The request is GRANTED. Timeliness Plaintiff claims that Defendants' motion to quash is not timely and should be denied for this reason. In this case, the date for production was October 14, 2022 and Defendants did not file their motion to quash until October 20, 2022. Under CCP 1985.3(g) a party “may, prior to the date for production, bring a motion under Section 1...

Excerpt: ...r general negligence against Defendant. The Complaint has an exemplary damages attachment. The Complaint alleges that Defendant was negligent in maintaining the spa and pool in the common areas of the property, that the duty to maintain these areas was created and imposed by Defendant's governing documents (referred to as the “CC&Rs” and attached to the Complaint as exhibit A), and that Defendant's negligence in maintaining the spa and pool w...

Excerpt: ...tipulated order establishing a briefing schedule for Defendant's motion. Per that order, Plaintiff's opposition was due on January 12, 2023. Plaintiff did not file an opposition, and instead filed a First Amended Complaint (“FAC”) naming Manuel Nieto as an additional class representative. The FAC was filed on January 30, 2023, without leave of Court or a stipulation by the parties. Defendant urges that this filing was untimely and unauthorize...

Excerpt: ...Viking River Cruises, Inc. v. Moriana (2022) ___U.S.___ [142 S. Ct. 1906, 2022 U.S. LEXIS 2940] (Viking River). Plaintiff opposes the motion. As discussed below, the Court GRANTS Defendant's motion in part and DENIES it in part. I. BACKGROUND As alleged in the complaint, Plaintiff worked for Defendant as a non-exempt, hourly employee from August 2016 through September 2018. (Representative Action Complaint, ¶ 10.) When Plaintiff and other employ...

Excerpt: ... in August 2009, plaintiff Anupam Sahai (“Sahai”), Chandra Bilugu (“Bilugu”), and Sayi Tigadi (“Tigadi”) co-founded eGestalt Technologies, Inc. (“eGestalt”), a California corporation. (TAC at ¶ 12.) Tigadi left the company in 2010 and his shares were distributed equally between Sahai and Bilugu. (Ibid.) In December 2012, Sahai and Bilugu created a shell entity, eGestalt Technologies, a Delaware corporation (“eGestalt-Del”). (...

Excerpt: ...es that as a result of the work of these two defendants, asbestos was disturbed and released into the residence. Defendant MG Remediation, Inc. was then hired to perform asbestos remediation. The trial in this matter is set for next week, February 21, 2023. Currently before the court are three summary judgment motions filed by the three remaining defendants. (Defendant CSAA Insurance Services, Inc. was previously dismissed.) Notably, plaintiff ha...

Excerpt: ...tlement class are set forth in that order. Before the Court is Plaintiffs' motion for final approval of the settlement and for approval of their attorney fees, costs, and service awards. Plaintiffs' motion is unopposed. As discussed below, the Court GRANTS final approval. I. LEGAL STANDARD FOR SETTLEMENT APPROVAL Generally, “questions whether a [class action] settlement was fair and reasonable, whether notice to the class was adequate, whether ...

Excerpt: ...se. 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 15 February 2023. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo--- Order on Motion Of Plaintiff for Advancement Of Trial Date. I. Statement of Facts. The complaint here was filed on 04 January 2023. Plaintiff contends that I'm 22 November 2022, defendant, age 97, was travelin...

Excerpt: ...Plaintiffs”) and move to strike portions contained therein. Pursuant to California Rule of Court 3.1308, the Court issues its tentative ruling as follows: I. Background A. TAC Allegations This is a breach of contract action. On January 16, 2015, Carlyle, Shoreline and Mr. Calvano entered into an agreement (the “LLC Agreement”) to form the Company for the purposes of acquiring and potentially developing certain real estate in Mountain View (...

Excerpt: ...ns committed against herself and other aggrieved “non-White employees.” In an order filed on August 22, 2022 (“August 2022 Order”), the Court sustained Defendants' demurrer to the PAGA claim with leave to amend. Plaintiff filed the operative Second Amended Complaint (“SAC”) on September 20, 2022. Now before the Court is Defendants' renewed demurrer to or, in the alternative, motion to strike the PAGA claim. Plaintiff opposes Defendant...

Excerpt: ...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 15 February 2023. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo--- Orders On: 1. General Motors LLC's Demurrer To Plaintiff's First Amended Complaint; and 2. General Motors Llc's Motion To Strike Punitive Damages From Plaintiff's First Amended Complaint. I. Statement of Facts. Ac...

Excerpt: ...s.” (SAC, ¶ 1.) There are times when a patient with an emergency medical condition is brought to a hospital that is not “in-network” with the patient's HMO; however, California law requires hospitals to provide emergency medical care, regardless of whether the hospital is in-network with the patient's health plan. (Id. at ¶ 3.) Additionally, California law requires that the health plan reimburse the hospital for emergency services. (Ibid....