Excerpt: ... FAC, ¶ 10.) On December 11, 1997, Mr. Searle, as trustee of the Searle Family Trust, filed a complaint against Udi Fishman for quiet title, reformation, damages and injunctive relief because Mr. Fishman barricaded a road known as “Radio Road” to prevent Mr. Searle from use of the road, in Searle v. Fishman, et al. (Super. Ct. Santa Clara County, 1997, No. CV770743). (See Pl.'s opposition to demurrer, p.2:1-9.) Searle moved for summary adjud...

Excerpt: ...Pay Overtime Wages; (3) Failure to Provide Meal Periods; (4) Failure to Permit Rest Breaks; (5) Failure to Provide Accurate Itemized Wage Statements; (6) Failure to Pay All Wages Due Upon Separation of Employment; and (7) Violation of Business and Professions Code §§ 17200, et seq. On July 10, 2020, Plaintiff filed the operative First Amended Class Action Complaint (“FAC”), which added an eighth cause of action for Enforcement of Labor Code...

Excerpt: ...ant and cross- complainant Meritage Homes of California, Inc. (“Meritage”). Plaintiffs Yalanda and Hriam Birdsong, the Bohlig Living Trust, Melissa and Basilisa Beltran, Timothy Frasch, Michael and Olivia Holt, Djenne-Sukari and Dequal Nathaniel, Henry Nguyen, Erwin and Jennifer Pablo, Gary and Stacy Quibelan, Carla Richardson, David and Crystal Sullivan, Joshua and Alicia Vera, and Akil and Stephanie Wemusa (collectively, “Plaintiffs”) a...

Excerpt: ...nts Deluxe Corporation, Deluxe Check Printers, and Deluxe Manufacturing Operations, LLC (“DMO”) (collectively, “Defendants”) on January 6, 2020. The FAC sets forth the following causes of action: (1) Failure to Provide Meal Periods (Lab. Code §§ 204, 223, 226.7, 512 and 1198); (2) Failure to Provide Rest Periods (Lab. Code §§ 204, 223, 226.7 and 1198); (3) Failure to Pay Hourly and Overtime Wages (Lab. Code §§ 223, 510, 1194, 1197 a...

Excerpt: ...d Cable California, Inc. (“Consolidated”), Verall of MI, Inc. (“Verall”), RCH Companies, Michael Burn, and Patrick Caprarola (“Caprarola”), which set forth the following causes of action: (1) Unpaid Wages, Violation of Wage Orders and Labor Code §§ 200, et seq., 223, 226.2, 1194; (2) Overtime Wages, Violation of Wage Orders and Labor Code §§ 510 and 1194; (3) Failure to Provide Meal Periods or Premium Wages in Lieu Thereof, Violat...

Excerpt: ...ject”) by Respondent Santa Clara Valley Water District (“District”). In its April 28, 2022 Notice of Exemption (“NOE”) the District allegedly found that the Project was exempt from CEQA under two categorical exemptions from CEQA set forth in the CEQA Guidelines (14 C.C.R. § 15000 et seq., “Guidelines”). These are the “Minor Alterations to Land” exemption (Guidelines § 15304), sometimes referred to as a “Class 4 “exemption,...

Excerpt: ...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 of 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); (6) Fai...

Excerpt: ...located at 23645 Oak Valley Road in Cupertino (the “Property”). (AC, ¶ 7.) According to the AC, Plaintiff and Xie began dating in February of 2018, while Plaintiff was finalizing her divorce. (Id., ¶ 11-12.) Plaintiff and her husband needed to sell the family residence, the Property, because neither could afford to buy the other out, but moving would mean that their 10-year old son would have to move to a different school district. (Id.) Xi...

Excerpt: ...ating ten causes of action: (1) Breach of Contract (a written contract, referred to as the “Arizona Loan”); (2) Breach of Contract (another written contract, referred to as the “Texas Loan”); (3) Breach of the Implied Covenant of Good Faith and Fair Dealing (arising from the “Arizona Loan”); (4) Breach of the Implied Covenant of Good Faith and Fair Dealing (arising from the “Texas Loan”); (5) Fraud (regarding the “Arizona Loan�...

Excerpt: ...gned a digital consent disclosure authorizing Defendant to obtain an investigative consumer report (“ICR”). (Complaint, ¶ 30.) Plaintiff alleges the disclosure was noncompliant and that he opted-in to request a copy of the report in the event of its procurement. (Ibid.) On July 19, 2022 and July 22, 2022, Defendant acquired electronic copies of the ICR from Asurint and Sterling, respectively. (Complaint, ¶¶ 31-33.) Asurint and Sterling are...

Excerpt: ...d on the representations made by defendants Gibbs, Rana Rekhi (“Rekhi”) and YCI, Plaintiff was formed to create a parent corporation for the acquisition of RB, with three entity owners: Hurley Family Trust, Chamonix Holding, Inc., and YCI. (See FAC, ¶¶ 7-13.) Plaintiff was not in the business of selling alcohol and therefore relied upon the representations of Defendants Rekhi, Gibbs, and YCI. (FAC, ¶ 9.) Plaintiff relied on the following i...

Excerpt: ...o weeks, on February 27, 2023. Because of the impending trial, the court granted Mulder's ex parte requests for two of these motions to be heard on shortened time. Plaintiff Richard Whitney opposes each of the motions and also previously opposed the requests to have the hearings expedited. The court GRANTS the motion for leave to file an amended answer, DENIES WITHOUT PREJUDICE the motion to bifurcate the trial, and GRANTS in part and DENIES in p...

Excerpt: ... RealPage as a “System Administrator” from September 2017 until his termination on September 30, 2019. The Complaint alleges (at ¶ 1) that Hix was misclassified by his employers as an employee who was exempt from the overtime provisions of California's Wage Orders. On-Site and RealPage are the only named defendants in the Complaint. The Complaint states six causes of action: (1) Failure to pay overtime (violation of Labor Code §§ 510, 558 ...

Excerpt: ...ner (“Emily”) is Klopp's niece. (Ibid.) Throughout his life, Klopp remained close to Jane and Emily, often assuring Emily that she would never have to worry about money. (Id. at ¶ 8.) When Jane was experiencing health problems in 2021, Klopp told Jane and Emily not to worry about the healthcare costs because he had “multiple millions of dollars” set aside for them. (Id. at ¶ 8.) Beginning in or about 2003, Klopp established several indi...

Excerpt: ...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”). (TAC at ¶ 13.) In March 2015, the eGestalt-Del was renamed Aegify, Inc. (“Aegify”). (TAC at ¶ 15.) On February 1, 2010, Aegify made an offer of employment ...

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 08 February 2023. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo--- Orders on: 1. Freidrik Ternian's Motion To Strike Arseen Autobody, Inc.'s Answer; and 2. Freidrik Ternian's Demurrer To The Second Through Eighteenth Affirmative Defenses of Ninos Ternian's Answer and ...

Excerpt: ...equests without either disclosing attorney client information or divulging information unrelated to this matter, and thus irrelevant. “Evidence Code section 954 confers a privilege to a client “to refuse to disclose, and to prevent another from disclosing, a confidential communication between client and lawyer.” A “confidential communication,” is defined as “information transmitted between a client and his or her lawyer in the course ...

Excerpt: ...ct with Deputy Vesey. I do not consider this level of contact to be a basis for recusal, but it does meet the minimum threshold for disclosure to the parties.] This is a wrongful death case filed by Al Nievas, the father of Philip and Precious Nievas, who were both killed in an automobile collision with Alberto Garcia. Nievas alleges that the County of Santa Clara's employee, Deputy Sheriff Ryan Vesey, negligently caused the crash when he initiat...

Excerpt: ... Plaintiffs claim they received written warranties and other express and implied warranties from Nissan. Id. at ¶¶7-8. Plaintiffs further allege that despite numerous attempts at repairs to various aspects of the Vehicle, Nissan was unable to correct the alleged defects. Id. at ¶¶10-13. Consequently, Plaintiffs filed a complaint against Nissan on August 8, 2022, asserting the following claims: Breach of Implied Warranty of Merchantability und...

Excerpt: ...causes of action for: 1) Reformation of contract; 2) Declaratory relief; 3) Declaratory relief; 4) Breach of lease; and, 5) Breach of the implied covenant of good faith and fair dealing. On May 20, 2022, Plaintiff served requests for production of documents on Defendant. (See Pulliam decl. in support of motion to compel compliance, ¶ 2, exh. A.) On July 5, 2022, Defendant provided verified responses and objections indicating that they would prod...

Excerpt: ...ailure to provide rest breaks and meal periods (Lab. Code §§226.7, 512, and 1198); (2) Failure to pay all wages earned for all hours worked (Lab. Code §§ 510, 1194, 1197, and 1198); (3) Failure to provide accurate wage statements (Lab. Code § 226); (4) Waiting time penalties (Lab. Code §§ 201-203); (5) Unfair Competition (Bus. & Prof. Code §§ 17200, et seq.); and (6) Civil Penalties/PAGA (Labor Code § 2698, et seq). The parties have rea...

Excerpt: ...defendants Compass Group USA, Inc. and Levy Premium Foodservice Limited Partnership (“Levy”), erroneously sued as Levy Premium Foodservice, Inc., (collectively, “Defendants”) and arises out various alleged wage and hour violations. The operative First Amended Complaint, filed on December 10, 2019, sets forth the following causes of action: (1) Failure to Pay All Wages Owed Including Overtime; (2) Unlawful Deductions; (3) Failure to Provid...

Excerpt: ... action: (1) Meal and Rest Break Violations (Labor Code §§ 200, 226.7, and 512, and 12 C.C.R. § 11040; (2) Failure to Pay Minimum Wage and Overtime (Welfare Commission Orders and Labor Code §§ 510 and 1194); (3) Failure to Provide Proper Wage Statements and Maintain Accurate Records (Labor Code §§ 226 and 1174); (4) Unfair Business Practices (Business and Professions Code § 17200, et seq.); (5) Failure to Pay Wages at the Time of Terminat...

Excerpt: ... rental property known as Vine by Vintage. (TAC at ¶ 1.) Plaintiff has now vacated the unit. (Ibid.) Defendants Woodstone by Vintage, L.P. (“Woodstone”), Heartstone Housing Foundation (“HHF”), and Heartstone CA Properties I, LLC (“Heartstone I”) (collectively, “Defendants”) are allegedly the owners, operators, and managers of Vine by Vintage. (TAC at ¶ 2.) Plaintiff alleges each of the Defendants “were the agents, employees, r...

Excerpt: ... owner of the Property and 6 acquired her interest as the spouse of former owner Enrique Villa (“Enrique”).1 (Complaint, ¶¶ 7-8.) Plaintiff and Enrique separated as a married couple on March 14, 2004. (Id., ¶ 8.) At that time, although Enrique's name remained on the deed, Plaintiff alleges the parties agreed that pursuant to their marital separation, and as a full and complete settlement of their marital estate, Plaintiff would become the ...