Excerpt: ...rmerly “Innogy SE”).2 Before the Court are (1) Innogy SE's motion to dismiss the claims against it for lack of service, and Plaintiff's motions (2) to compel further responses to his first set of special interrogatories to FEV and (3) for evidence and issue sanctions against FEV due to its asserted violation of the Court's August 11, 2020 and December 27, 2021 discovery orders. All of these motions are opposed, and FEV seeks monetary sanction...

Excerpt: ...was riding her bicycle on the farthest right portion of the roadway northbound on Mission College Blvd. about 571 feet west of Great America Parkway near a controlled intersection where Mission College Blvd. intersects itself. (FAC, ¶ 6.) At that time, defendant Sam Hysaj (“Hysaj”) was driving a semi‐truck tractor in the same location in the course and scope of his employment with defendant Best Overnight Express, Inc. (“Best Overnight�...

Excerpt: ...har”), and Park Capital Management, LLC (“Plaintiff” or “PCM”) entered into a limited partnership agreement (“Agreement”) to form Orchard Yield Fund I LP (“OYFLP” or “Partnership”). (See complaint, ¶¶ 3, 4, 10, 11.) The Agreement states that the general partner was OYF and that general partner may be removed only “for cause” when such cause is “reasonably determined in good faith upon the unanimous affirmative vote (...

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 18 January 2023. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion Of Defendants For A Protective Order. Continued from 08 December 2022 and 20 December 2022. I. Statement of Facts. Plaintiff filed this 31‐page complaint...

Excerpt: ...w modifications to the class notice and notice procedure. I. BACKGROUND As alleged in the Complaint, Plaintiff began working for Defendant in October 2018 and was employed as a non‐exempt IT Analyst. (Complaint, ¶ 8.) Throughout his employment, Plaintiff received wage statements that showed “86.67” hours, regardless of how many hours he actually worked. (Ibid.) The wage statements also showed gross wages earned, without any hourly rates or...

Excerpt: ...unty (Case No. 17CV307717). The Complaint alleges a breach occurred in September 2020. (See Complaint at ¶¶ 7‐21 generally.) Defendants filed an answer on August 11, 2021. The case was originally assigned an October 24, 2022 trial date, after an April 12, 2022 trial setting conference. (See April 12, 2022 Minute Order.) The matter is now set for trial on February 21, 2023. (See December 13, 2022 Minute Order.) Currently before the court is a ...

Excerpt: ...ed in an order filed on August 15, 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 Plaintiff's motion for final approval of the settlement and for approval of her attorney fees, costs, and service award. Plaintiff's motion is unopposed. As discussed below, the Court GRANTS final approval. I. LEGAL STANDARDS FOR SETTLEMENT APP...

Excerpt: ... recoverable by statute or by contract in this case, the motion is denied. This case arises out of an earlier dispute between Defendant Lundy Center Association (“LCA”), a condominium owners' association, and C Cube Investment, LLC (“C Cube”), the owner of four units in LCA's office condominium project. The dispute related to assessments that had been imposed by LCA on C Cube. Chen was not a unit owner, but she was a minority owner of C C...

Excerpt: ...ich the court has taken judicial notice. The court may not consider extrinsic evidence. The following recitation of facts is derived solely from the FAC, which the court accepts as true for the purposes of this hearing only. I. FACTS Plaintiff and Defendant are not married or otherwise related to each other, but they began dating in May 2018 through an online dating website. (FAC, ¶ 8.) On May 2, 2018, Plaintiff and Defendant had their first in�...

Excerpt: ...t Vehicle, Plaintiffs reviewed the features and components of the Chevy Bolt on defendant GM's website, saw the window sticker affixed to the Subject Vehicle and spoke with dealership sales about the Chevy Bolt. (See FAC, ¶9.) Plaintiff Nawid Elyacy specifically asked the salesperson if the Chevy Bolt's lithium‐ion battery could catch on fire. (Id.) The salesperson assured plaintiff Nawid Elyacy that the lithium‐ion battery in the Subject Ve...

Excerpt: ...ruckers to a maximum number of hours they can drive between rest periods. (Ibid.) In or about December 2017, the FMCSA enacted an electronic logging device (“ELD”) mandate, which requires commercial motor vehicles to use ELDs. (Ibid.) The devices are designed to record data related to the operation of the vehicle and driver activity. (Ibid.) Driver information mainly concerns hours of service (“HOS”)–a permanent record of driving hours,...

Excerpt: ...ng and seeking to enjoin purportedly illegal and wasteful expenditures of taxpayer funds by the County‐ specifically, in investigating alternate land uses for Reid‐Hillview airport (“Reid‐Hillview” or “RHA”) that Plaintiff contends are prohibited by Federal Aviation Administration (“FAA”) grant agreements. According to the allegations of the FAC, Reid‐Hillview has been designated by the FAA as a reliever airport for San Jose I...

Excerpt: ...allegations of the operative Third Amended Complaint (“TAC”), filed on July 22, 2022, plaintiff Canyon Bridge Fund I, LP (“Plaintiff”) is a Delaware limited partnership that has held stock in non‐party Wave Computing, Inc. (“Wave”) since about August 2017. (TAC, ¶ 2.) Wave was a semi‐conductor and computer learning company incorporated in Delaware and with its principal place of business in Santa Clara County, CA. (Id. at ¶ 1.) ...

Excerpt: ...m. in Department 19. The court now issues its tentative ruling as follows: IX.INTRODUCTION This is a putative class and representative action arising out of alleged wage and hour violations. According to the allegations of the Class Action Complaint for Damages (“Complaint”), filed on January 22, 2020, plaintiff Jaime Echeverria (“Plaintiff”) was an employee of defendant Tapestry, Inc. dba Coach (“Defendant”). (Complaint, ¶ 7.) Plain...

Excerpt: ...NT The above‐entitled action comes on for hearing before the Honorable Theodore C. Zayner on January 18, 2023, at 1:30 p.m. in Department 19. The court now issues its tentative ruling as follows: VII. INTRODUCTION This putative class action arises out of allegations that defendants The Sobrato Organization, SI VI, LLC, and Alliance Communities Inc. (collectively, “Defendants”) made unlawful deductions to departing tenants' security deposits...

Excerpt: ...MICRO, INC.; JSR NORTH AMERICA HOLDINGS, INC.; JSR LIFE SCIENCES, LLC; and DOES 1 through 20, inclusive, Defendants. Case No. 21CV386334 The above‐entitled action comes on for hearing before the Honorable Theodore C. Zayner on January 18, 2023, at 1:30 p.m. in Department 19. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a consolidated action arising out of various alleged Labor Code violations. On June 23, 2021, ...

Excerpt: ...gence b. Count 2: Willful Failure to Warn Defendant filed this Motion to Strike on September 20, 2022, seeking to strike Count Two of the Premises Liability cause of action: Page 1 of 1 ‘Attachment to Complaint', Second Cause of Action Premises Liability, Paragraph Prem. L‐3, Count Two – Willful Failure to Warn [Civil Code section 846]. Plaintiff filed an Opposition on January 3, 2023, to which Defendant replied on January 9, 2023. II. MOTI...

Excerpt: ...vember 12, 2021 by Defendants Juan Galan Ramirez and Genoeva Martinez, was unverified. An amended answer filed on November 22, 2021 was also unverified. On February 23, 2022, Wawanesa Insurance Company filed a limited civil action (case no. 22CV395264) against Defendant Ramirez, and that action was consolidated with this one by order of the Court (Hon. Kirwan) on April 13, 2022. The limited civil action was subsequently dismissed with prejudice o...

Excerpt: ...his Court to modify its Order of December 21, 2021 (hereinafter “the Order”) to compel arbitration and stay proceedings to make explicit that notwithstanding any agreement between Appellant and Respondent to arbitrate employment disputes, the Labor Commissioner has the right to investigate and prosecute, if warranted, the retaliation claim filed by Appellant under Labor Code Section 98.7. The Commissioner asserts this is warranted under Code ...

Excerpt: ...nt to Cal. Code of Civil Procedure § 36(f). Plaintiff and Cross‐Defendant Johnson Controls Fire Protection LP, Defendants Hyatt Corp., San Jose Hotel Partners, LLC, HPHH San Jose, LLC, and PNC Bank, and Defendant and Cross‐Complainant Metcalf Builders (hereinafter collectively referred to as “Defendants”) all filed oppositions to the motion for preference on either December 19, 2022 or January 3, 2023. WEG filed its reply to the oppositi...

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 January 2023. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion of Defendants Katrina Hoagland for Relief from Request for Entry of Default. I. Statement of Facts. Plaintiff filed this complaint on 17 June 20225 for the collection of $5,501.986 On 28 ...

Excerpt: ... 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 January 2023. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Defendant Zaki Manian's: (1) Demurrer; and (2) Motion To Strike. I. Statement of Facts. Plaintiff VolumeFi Software, Inc. (“VSI”) is a fast‐growing startup that delivers innovative software ...

Excerpt: ... investments Plaintiffs allege were made as a result of fraud and other wrongdoing. According to the allegations in the FAC, in 2010, defendant Sukhjinder Singh Ghuman (“Ghuman”) began visiting Dr. Shoker's dental office in Fremont. (FAC, ¶ 12.) During these visits, he began cultivating his relationship with Dr. Shoker. (Ibid.) They shared a common background and Ghuman referred to Dr. Shoker as his “brother” and he referred to Rajwant a...

Excerpt: ...t 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 Feeva, referencin...

Excerpt: ...ew and sign an employment agreement because he had access to confidential information in the regular course of his job. (See XC, ¶ 10 and Exhibit 1.) The employment agreement defines RPO's “confidential information” to include customer lists and accounting records. (Id. at ¶ 11.) It also requires Litwin to protect RPO's confidential information during his employment and upon termination. (Id. at ¶¶ 12‐13). At or near the end of Litwin's...