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: ...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: ..., 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: ...n 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 February 2023. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo--- Orders on: 1. Demurrer of Defendants CAB Broadcasting, LLC And Neeraj Dhar's to Plaintiff KLOK Media, Inc.'s Complaint; and 2. Defendant Taresh Anand's Demurrer To Plaintiff KLOK Media, Inc.'s Complaint. I...

Excerpt: ...tiff Youlin Wang (“Wang”) owns 100% of Magnolia and resides in China. (Id. at ¶ 2.) Guohua “Greg” Xiong (“Xiong”), Wang's brother-in-law, is an authorized agent for Magnolia and Wang (collectively, “Plaintiffs”). (Id. at ¶¶ 13-14.) Plaintiff Wang developed two new single family residences in Palo Alto, California, located at 3878 Magnolia Drive and 3880 Magnolia Drive. (SAC at ¶ 15.) Plaintiff Wang subsequently transferred own...

Excerpt: ...r 1 collided with yet another driver (Driver 2) before then colliding with Villar Blasquez. (Ibid.) Villar Blasquez was seriously injured. She alleges that: (1) Defendant, by and through the California Department of Transportation, had constructive notice of a dangerous condition in the highway in sufficient time prior to her injury to have corrected it; and (2) the condition was created by Defendant's employees. (Complaint, p. 4-5.) B. PROCEDURA...

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 ...

Excerpt: ...n 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 February 2023. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo--- Order on Motion of Plaintiff for Attorneys Fees. The above-entitled action came to trial in this Department on 04 April 2022. After consideration of the procedural background, the default package submitted...

Excerpt: ...cable Family Trust (the “Boumis Trust”) are the current owners of the property adjacent to Plaintiff's property, located at 1072 Lincoln Avenue, San Jose, California, 95125 (“1072 Lincoln” or the “Boumis Property”). (See SAC, ¶ 10.) The Froom Trust is the current owner of real property located at 1060 Lincoln Avenue, San Jose, California, 95125 (“1060 Lincoln” or “Froom Property”). (See SAC, ¶ 11.) Plaintiff has been the tit...

Excerpt: ...and Berman moved to quash service of summons on March 24, 2022. The court also granted this motion to quash. Pomogaibo has attempted further service of summons by mail, personal service, and publication. The court subsequently permitted the following: 1  September 2, 2022 Order to Serve by Publication as to Defendant Babichev via East Bay Express  October 6, 2022 Order to Serve by Publication as to Defendant Berman via San Jose Post Record ...

Excerpt: ...nn Dornon Kuehn, the Carpet Butler, John Lee, James Young, and William C. Dresser. To date, none of these seven latter defendants has been served or made an appearance in this case.3 On March 7, 2022, Hartman filed a demand for arbitration with the American Arbitration Association, naming the Georges and three other neighbors as respondents: Xuan Bai, Thao Bui, and Klarissa Marenitch. Bai, Bui, and Marenitch share the same easement with Hartman a...

Excerpt: ...ndant Sanctuary Systems LLC (“Sanctuary”). (Id.) Between January 2020 and April 2020, Sanctuary, defendant 305 Consulting LLC (“305 Consulting”), defendant Benham 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 mask materials for...

Excerpt: ...egligence. Plaintiff seeks damages for “(1) past and future medical and/or ancillary related expenses; (2) past and future medical and/or ancillary related expenses; (3) past and future income and/or earning capacity loss; (4) loss of ability to provide household services; and (4) incidental and consequential damages and/or property damage and lose of use.” Non‐economic damages include but are not limited to (1) past and future physical and...

Excerpt: ...aint was filed by Plaintiffs Libby Reams, individually and as administrator of Decedent's estate, and Jon Speckman (“Plaintiffs”) on September 18, 2019. A separate complaint was filed on behalf of McCarthy (Case No. 19CV358560). On September 30, 2020, this court (Judge Barrett) consolidated the two cases solely for discovery and pretrial purposes. The present motion for summary judgment pertains only to the Reams/Speckman case. Plaintiffs fil...

Excerpt: ...rdered them to conduct a face‐to‐face meet and confer and if that did not resolve the issues, to participate in an informal discovery conference (IDC). Because the parties were still in dispute over requests 3, 7, 8, 9, 12 and 21 at the December 13, 2022 hearing (see Minute Order of Jan. 4, 2023), this motion for protective hearing was set for February 2, 2023. The court notes that the parties' joint statement of December 6, 2022, included re...

Excerpt: ...or deny the allegations of her operative Second Amended Complaint (“SAC”) and (2) each of its affirmative defenses “does not plead how or why facts constitute a defense to a material allegation in the [SAC].” Plaintiff seeks an order striking the entire FAA and each of its affirmative defenses, and entering a judgment making certain findings and awarding relief to Plaintiff and other aggrieved employees. Defendants oppose Plaintiff's moti...