Excerpt: ... causes of action: 1. Failure to Pay Minimum Wages (Lab. Code, SS 1182.12, 1194, 1194.2, 1197, and 1198); 2. Failure to Pay Overtime Wages (Lab. Code, SS 1194 and 1198); 3. Failure to Provide Compliant Meal Periods (Lab. Code, S 226.7); 4. Failure to Provide Compliant Rest Periods (Lab. Code, S 226.7); 5. Failure to Pay All Wages Due at Separation (Lab. Code, SS 201, 202, and 203); 6. Failure to Reimburse Necessary Business Expenses (Lab. Code, S...

Excerpt: ...ntonio Valdez (collectively, Defendants). Plaintiff Juana Garcia (Plaintiff) filed the operative complaint on December 7, 2020, alleging a single cause of action under PAGA. On December 15, 2022, Defendants filed a moton to compel arbitration of the action, which the court granted in part as to the individual component of Plaintiff's PAGA claim, but denied to the extent sought dismissal of Plaintiff's representative PAGA claim. Exercising fts inh...

Excerpt: ...endants"). On October 14, 2022, plaintiff Seana Neihart ("Neihart") filed a Complaint—PAGA Enforcement Action, setting forth a single cause of action for PAGA violations. On January 26, 2023, the parties filed a Joint Stipulation to File First Amended Complaint, permitting the addition of Jessica King ("King") as a plaintiff. On February 8, 2023, plaintiffs Neihart and King (collectively, "Plaintiffs") filed the operative First Amended Complain...

Excerpt: ...al Act (PAGA) cause of action on behalf of Plaintiff and similarly aggrieved employees. Defendant Ready 2 Go ("Defendant") is a company that hires drivers to deliver packages for Amazon Logistics, Inc. ("Amazon"). Plaintiff asserts that his former employer, Defendant, failed to properly record his hours worked, failed to pro#rly compensate him, denied him meal #riods and rest breaks, and did not provide the required premium pay compensation. The ...

Excerpt: ...gainst defendants Premier Nissan of San Jose, LLC (Premier Nissan SJ) and Troy Duhon (Duhon) (collectively, Defendants). According to the allegations of Plaintiff's individual complaint, Defendants failed to provide Plaintiff all meal periods to which they were entitled, pay meal premiums, provide employees all rest periods to which they were entitled, pay rest period premiums, pay minimum wages for all hours worked, pay overtime wages for all ov...

Excerpt: ... single claim for PAGA penalties for the following alleged Labor Code violations: (1) Sections 510 and 1198 (failure to pay overtime); (2) Sectons 1182.12, 1194, 1197, and 1198 (failure to pay minimum wages); (3) Sections 226.7, 512(a), 516, and 1198 (failure to provide and record meal periods); (4) Sections 226.7, 516, and 1198 (failure to authorize and permit rest periods); (5) Sections 226(a), 1174(d), and 1198 (failure to provide and maintain...

Excerpt: ...tiff"), the State of California, and other current and former employees of Defendant Little Caesar Enterprises, Inc. ("Defendant") for violations of the Labor Code. The First Amended Complaint ("FAC"), filed on July 24, 2023, sets forth the followng cause of acton: (1) for Civil Penalties pursuant to California Labor Cade sections 2698, et seq. for numerous violations of the Labor Code. Currently before the Court is Defendant's motion to strike P...

Excerpt: ...air share for the home while he lived there, that Defendants have limited resources, and that Plaintiff delayed settlement of the action, while Defendants prevented the property from being foreclosed on. Plaintiff argues that this Court should not consider Defendants' opposition as it was filed late. This Court will consider the opposition, as it is favored policy to consider cases on their merits and Plaintiff was not prejudiced by the late fili...

Excerpt: ...d personal expenses and travel. (Complaint, '1 15.) With the assistance of defendant Troy Foster, Kazemipour defrauded Plaintiff out of approximately $750,538. (Ibid.) After he commenced legal acton against Kazemipour, Plaintiff discovered Kazemipour transferred Plaintiff's stolen assets to others, including but not limited to, Sayar and Foster. (Ibid.) Kazemipour was the manager and director for defendant 1792 Partners, Inc. ("1792 Partners"). (...

Excerpt: ...g the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 27 November 2023. Please specify the issue to be contested when calling the Court and Counsel. Orders on: (1) Defendant Michael Shtein's Demurrer To Plaintiff Lynley Hogan's Complaint; and (2) Defendant Michael Shtein's Special Motion To Strike (CCP 5425.16). l. Statement of Facts. Plaintiff Lynley Hogan ("Hogan") rents rooms of her Los ...

Excerpt: ...o seal Exhibits 5 and 5 in Defendants' Compendium of Evidence; and Plaintiffs' motion to seal Exhibit A to Declaration of Allen Gardner and portions of their opposition to Defendants' motion for summary judgement. Pursuant to California Rule of Court 3.1308, the Court issues its tentative ruling. l. Background This is breach of contract action. On January 16, 2015, Owner, Shoreline and Mr. Calvano entered an agreement (the "LLC Agreement") to for...

Excerpt: ...ended complaint ("SAC"), the District is the largest multi-purpose water supply, watershed stewardship, and flood management special district in California. (SAC at '1 10.) The District owns and operates the Rinconada Water Treatment Plant ("RWTP") which takes in raw water from various sources and processes it to produce potable water (i.e., drinking water). (ld. at '1 11.) Like every drinking water plant, the RWTP employs a Residuals Management ...

Excerpt: ...l termination on December 13, 2022. (Complaint, '1 7.) Plaintiff alleges during a meeting with Calix's C-Suite executives required as part of her on-boarding process during her first week at Calix, Calix's Chief Financial Officer Cory Sinclair "voluntarily disclosed to Plaintiff that the press releases that Calix consistently put outto their shareholders and investors were false, or at the very least, deliberately misleading." (Complaint, 8-11.) ...

Excerpt: ...a 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, '19.) Plaintiff relied on the following information provided by Defendant Gibbs, at the request of Defend...

Excerpt: ... to compel responses to interrogatories and document requests on Defendants. For the reasons that follow, the court GRANTS in part and DENIES in part Lippincott's motion for sanctions. The court also GRANTS Lippincott's motions to compel. 1. Motion for Sanctions a. Background This is an action for fraud, breach of contract, wrongful termination, various Labor Code violations, and numerous other causes of achon (21 in total) in which Lippincott al...

Excerpt: ...o on the basis of two other standalone arguments. Having considered the parties' submissions, the court concludes that Baan Thai's arguments are without merit, and the petition should be granted. 1. Delegation of Arbitrability As threshold matter, the parties disagree about whether the arbitration agreement "clearly and unmistakeably" delegates the determination of arbitrability to the arbitrator, or whether that is something the court must decid...

Excerpt: ... any response to Sl Nos. 11, 13, 21-23, and 26-29 and submitted objections to the remaining interrogatories that are the subject of the instant motion to compel. Regarding the RPDs, SJHP argues Plaintiff asserted boilerplate objections and Plaintiff did not respond to the S#cific RPDs or failed to offer any supplemental response. On October 23, 2023, SJHP filed a motion to compel further responses to supplemental interrogatories and a motion to c...

Excerpt: ...1) the remand from the appellate court is limited to the issue of Kathy Pesic's damages; (2) the motion is not timely and is in bad faith; and (3) the cross-complaint falls to state a valid cause of acton. Factual and Procedural Background This action arises out of the alleged use of decedent Ivan Pesic's ("Pesic") genetic material by Joyce Chin ("Chin") to conceive two children through the fertility procedures performed by the Zouves Defendants....

Excerpt: ...ne 19, 2017, in the City of San Jose, defendant Owens negligently operated, maintained, and controlled her vehicle which collided with Insured's vehicle causing property damage. (ld. at "1 11-13.) Owens drove her vehicle with the permission, consent, and knowledge of defendant Wilcox. (ld. at 11.) As a result of Defendants' negligence and after receiving proof of loss, plaintiff Sentry under its policy, paid to or on behalf of its Insured, along ...

Excerpt: ...6.) In 2019 or 2020, a representative from Human Bees, Nick Clark, contacted Jabil to offer its services as an agency with additional staffng capabilities. (ld. at '1 9.) Clark "promised that Human Bees would able to provide more workers to Jabil faster than any other agency because it actively recruited in the local communities and churches." (ld. at '1 12.) At an in-person meeting, Clark assured Jabil that "it would be solely the responsibility...

Excerpt: ...llectively, the "AMD Defendants") demurrer to the operative complaint ("Complaint") and motion to dismiss or stay for forum non conveniens. As discussed below, the Court GRANTS the AMD Defendants' motion to stay or dismiss this action for forum non conveniens. Consequently, the Court will not issue a ruling on the demurrer to the Complaint. X. BACKGROUND A. Factual Plaintiff Realtek, a Taiwanese corporation, is a leading designer and supplier of ...

Excerpt: ...UND A. Factual On June 30, 2020, Ms. West purchased a 13-inch 2020 1.2 Gigahertz ("GHz") Quadcore Intel i7 MacBook Air and paid additional amounts to upgrade from the base model to a speedier configuration of 3.8 GHz with "Turbo Boost." (FAC, '1 22.) Prior to this purchase, Ms. West read and relied on representations made by Apple in its marketing and sales materials concerning the speed and functionality of the Class Laptops, particularly that h...

Excerpt: ...omplaint ("FAC"), filed June 23, 2023, names Kang as the sole defendant. Based on irregularities in the pleadings and the lack of an actual dismissal on file, it is somewhat unclear to the court whether O'Connor Hospital and Santa Clara County Medical Center are still parties to this case. Plaintiffs are representing themselves in this case. II. ALLEGATIONS IN THE FIRST AMENDED COMPLAINT The FAC alleges that Kang was Phil's primary care physician...

Excerpt: ...l., '1 1.) Plaintiffs Perla and Mohan are also a married couple. (ld. at 2.)1 B. Defendants Defendant Tashjian is an individual and a principal and/or controlling member of defendant Homestead, a limited liability company. (Compl., 5, 6.) Whitman is an individual and a manager or member of Homestead. (ld. at 7.) Homestead, Tashjian, and Whitman are considered the "Sellers." (Ibid.) Defendant Baronian is a California real estate agent employed by ...

Excerpt: ...he Employee Plaintiffs were employed by Kiewit Infrastructure West Corporation ("Kiewit Corporation") as Journeyman Pipe Fitters, working at San Jose-Santa Clara Regional Wastewater Facility ("Wastewater Facility"). (Compl., 19.) The Wastewater Facility is owned by the City Defendants. (Compl., 18.) On or around June 14, 2022, Employee Plaintiffs' employer was contracted by Defendants to replace and update equipment at the Wastewater Facility. (C...

Excerpt: ...proval of PAGA settlement, which is unopposed. As discussed below, the Court GRANTS the motion. IV.BACKGROUND According to the operative Third Amended Complaint ("TAC"), Marriott and SJMEC own and operate a chain of hotels under various brands nationwide and throughout California, including approximately 52 Marriott hotel locations in California. (TAC, '1 26.) Defendants maintain their corporate headquarters in Bethesda, Maryland, with a centrali...

Excerpt: ...co Mortgage Management, LLC, dba Sprout Mortgage ("Recovco") to purchase property located at Fennel Court in Morgan Hill (the "Property). (Complaint, 1, 16-17.) To secure the loan, he executed a deed of trust ("Deed of Trust") by which he conveyed the Property to Stewart Title of California Inc. ("Stewart Title") as trustee to hold for the benefit of Recovco's designee, Mortgage Electronic Recording Systems, Inc. ("MERS"). (ld. at '1 1, Exs. A, B...

Excerpt: ...jeet Singh (aka Jasjeet Singh Chala) and Defendant aalwinder Singh are the owners of the publication Quamantry Amritsar Times. (Complaint, 2.) According to Plaintiff, Quamantry Amritsar Times Volume 9, Issue 37, dated September 18, 2019 to September 24, 2019, contained statements about Plaintiff Defendants knew were false. (Complaint, "1 9- 10.) Defendants contend the statements were true. Plaintiff filed this lawsuit on November 8, 2019. Trial i...

Excerpt: ...ving documents that were fully responsive to RFPs 7, 10, 34 and 35 as well as documents partially responsive to RFP 19. However, Defendant has not supplemented its responses. Defendant must supplement these responses within 45 days of date of service of this order. 3. With regard to specific RFPs at issue: —RFP 7: DENIED, as Defendant already has prcKluced dtNuments responsive to this RFP. —RFP 10: DENIED, as Defendant already has produced do...

Excerpt: ..."an interest relating to the property or transacton that is the subject of the action," (2) that the "disposition of the action may impair or impede [the non-party's] ability to protect that interest," and (3) the interest is not "adequately represented by one or more of the existing parties." (S 387 subd. "These criteria are virtually identical to those for compulsory joinder of an indispensable party." (Carlsbad Police Officers Association v. C...

Excerpt: ...ely referred to herein as "GM." The original and still-operative complaint, filed on May 18, 2023, states two causes of action: (1) Breach of Contract (based on an "Amended and Restated Enterprise Software Licensing Agreement" entered into on September 28, 2015, as well as an associated order form and purchase order); and (2) Declaratory Judgment (seeking an interpretation of certain portions of the 2015 License Agreement). The complaint alleges ...

Excerpt: ...intiff Ruby Rebosa was employed by Defendant Dolores Tapay as Ms. Tapay's in-home caregiver. (Complaint, 91.) Plaintiff alleges that in late 2018 Ms. Tapay hired her on an hourly basis to be a driver for at a pay rate of $20 per hour and was then hired to provide Ms. Tapay 24 hour in home care after Ms. Tapay suffered a fall. (Complaint, 96.) Ms. Tapay to pay Plaintiff $35ff) per month for providing full support and assistance with all activities...

Excerpt: ... the following causes of action: (1) Failure to Pay Minimum Wages [Cal. Lab Code SS 204, 1994, 1194.2, and 1197]; (2) Failure to Pay Overtime Compensation [Cal. Lab Code SS 1194 and 1198]; (3) Failure to Provide Meal Periods [Cal. Lab Code SS 226.7 and 512]; (4) Failure to Authorize and Permit Rest Breaks [Cal. Lab Code S 225.7]; (5) Failure to Indemnify Necessary Business Expenses [Cal. Lab Code S 2802]; (6) Failure to Timely Pay Final Wages at ...

Excerpt: ...st Agriculture, Inc. ("Defendant"), which sets forth the following causes of action: (1) Violation of the California Consumers Legal Remedies Act, Cal. Civ. Code SS 1750, et seq.; (2) Violation of the California Unfair Competition Law, Cal. Bus. & Prof. Code SS 17200, et seq.; (3) Violation of the California False Advertising Law, Cal. Bus. & Prof. Code SS 17500, et seq.; (4) Breach of Express Warranty; (5) Breach of Implied Warranty of Merchanta...

Excerpt: ...ation, Schultz Industrial Services, Inc., and Schultz Mechanical Contractors, Inc. (collectively, "Defendants") on January 21 2020, sets forth a single cause of action for Violation of 15 U.S.C. (FCRA). Plaintiff reached a settlement with Defendants. On March 29, 2023, the court adopted its tentative ruling, granting preliminary approva of the settlement subject to approval of the amended class notice. Plaintiff's counsel filed an amended class n...

Excerpt: ...eriod Violations Pursuant to Labor Code S 2598 et seq.; (2) Minimum Wage Violations Pursuant to Labor Code S 2698 et seq.; (3) Overtime Violations Pursuant to Labor Code S 2698 et seq.; (4) Wage Statement Violations Pursuant to Labor Code S 2698 et seq.; (5) Failure to Reimburse Pursuant to Labor Code S 2698 et seq.; and (6)Failure to Pay Wages Upon Separation Pursuant to Labor Code S 2698 et seq. Now before the court is the motion by defendant B...

Excerpt: ...ment LLC ("La Encina"), a California development company. La Encina hired Group One to construct five homes in San Jose but the contract was terminated prior to the completion of the project. On November 28, 2017, Group One filed a complaint for breach of contract and to foreclose a mechanics lien in the amount of approximately $985,000. On February 5, 2018, La Encina filed a Cross-complaint, which alleged claims for: (1) Breach of Contract; (2) ...

Excerpt: ...) Arvind Srinivasan v. ZL Technologies, Inc., et al. (Case No. 2WV373027); (3) Arvind Srinivasan v. ZL Technologies, Inc. (Case No. 20CV373149); (4) ZL Technologies, Inc., et al. v. Arvind Srinivasan (Case No. 21CV378097); and (5) Arvind Srinivasan v. ZL Technologies, Inc. (Case No. 21CV382329). Now before the court are: (1) the motion to seal by ZL Technologies, Inc. ("ZL"); and (2) the motion by Arvind Srinivasan ("Srinivasan"), Splitbyte Inc.,...

Excerpt: ...d on March 22, 2021, alleged the following claims: (1) Failure to Pay Minimum Wages; (2) Failure to Pay Overtime Wages; (3) Failure to Provide Meal Periods, or Pay Premiums in lieu thereof; (4) Failure to Permit Rest Breaks, or Pay Premiums in lieu thereof; (5) Failure to Reimburse Necessary Business Expenses; (6) Failure to Provide Accurate Itemized Wage Statements; (7) Failure to Timely Pay Wages; (8) Failure to Pay All Wages Due upon Separatio...

Excerpt: ...in Bates, and Brynn Ota-Matthews and stated causes of action for: (1) negligence and (2) premises liability against defendants Gilroy Garlic Festival Association, Inc. ("GGFA") and First Alarm Security & Patrol, Inc. ("First Alarm"). Plaintiffs filed a First Amended Complaint on February 27, 2020, with additional plaintiffs— Gabriella Gaus, Harry de la Vega, Barbara V. Aguirre, Alberto Romero, Barbara J. Aguirre, Lesley Sanchez (by and through ...

Excerpt: ....) Alvarez later transferred ownership to Montes, which he duly recorded. (ld.) Plaintiffs Alvarez and Montes (collectively, "Plaintiffs") were in lawful possession of the subject property at 5430 Pacheco Pass Highway when, on May 15, 2017, Plaintiffs received correspondence from the County of Santa Clara Department of Planning and Development ("Department") informing them that the property was in violation of the County Ordinance Code. (See SAC,...

Excerpt: ... of aQ Group, Inc. a brokerage firm founded by defendant Jing Qin aka Bill Qin ("Qin"), Jason's supervisor. (ld., "1 9-10.) Beginning on July 9, 2021, Plaintiffs allege defendant Jason began approaching and stealing their clients. (Complaint, 11-18.) Thereafter, Plaintiffs contacted defendant Qin to take immediate action to stop Jason from engaging in unfair business practices. (ld., '1 19.) Qin, however, turned a blind eye to Jason's actions as ...

Excerpt: ...irst amended complaint, which asserted claims for (1) breach of contract; (2) fraud and deceit- promise without intent to perform; (3) intentional misrepresentation; (4) negligent misrepresentation; (5) conversion; (6) accounting; and (7) declaratory relief. On November 13, 2019, the Court issued its order sustaining Defendants' demurrer as to the fraud-based claims (the second, third, fourth and fifth causes of action) and overruling as to the r...

Excerpt: ...each of the Covenant of Good Faith and Fair Dealing (against all defendants); (3) Prom-ssory Estoppel (against all defendants); (4) Unjust Enrichment (against all defendants); (5) Nonpayment of Wages (Labor Code, S 201(a)), (alleged against the three corporate entities); (6) Unfair Competition (against all defendants); (7) Fraudulent Inducement (against all defendants); (8) Intentional Misrepresentation (against all defendants); (9) Negligent Mis...

Excerpt: ...ling. l. undisputed Factual Background On or about October 5, 2006, Plaintiff obtained a $564,000.00 Loan ("the Loan") secured by real property located at 702 Flannery Street, Santa Clara, CA 95051. (Separate Statement of undisputed Material Facts ("SSUMF"), '1 1; Declaration of Kevin Flannigan ("Flannigan Decl.") 4, Ex. 1.) The Loan is evidenced by a Deed of Trust publicly recorded by the Santa Clara County Recorder on October 11, 2006. (SSUMF, ...

Excerpt: ...nt. On or about June 13, 2023, Defendant responded to Plaintiff's RFPs. Defendant indicates that it has produced more than 790 pages of documents related to Plaintiff's allegations and her vehicle, including its policy/procedures and training materials pertinent to the pre-litigaton handling of Plaintiff's repurchase/replacement request. Plaintiff seeks an order striking Defendant's objections and compelling Defendant to provide further responses...

Excerpt: ... Mr. Guo was evicted along with his sub-lessors. Mr. Guo sued Ms. Bhagat for $5zm which he claims represents four months of rent, in a small claims action. Ms. Bhagat sued Mr. Guo and Ms. Zhu for breach of quiet enjoyment of premises, harassment of tenant, breach of habitability, housing discrimination, negligence, intentional infliction of emotional distress, and unfair and unlawful business practices in an unlimited civil action. Ms. Zhu claims...

Excerpt: .... The answer generally denied the allegations and listed 28 affirmative defenses. On January 26, 2023, more than a year and a half later, the court heard and granted a motion to be relieved as counsel by Arevo's attorney. A formal order on the motion issued on March 24, 2023. Currently before the court is Festo's motion to strike Arevo's answer. There is no opposition on file. II. REQUEST FOR JUDICIAL NOTICE "Judicial notice may not be taken of a...

Excerpt: ...party opposing the tentatve ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 14 June 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Defendants Nigel Pang, Conliza Pang, Parnell Pang, and Derrick Pang's Demurrer To Plaintiff's Complaint. l. Statement of Facts. Plaintiff SPG Center, LLC ("SPG") is the owner of those certain premises commonly known...

Excerpt: ...ders who was misled into lending money to Greymont, McClenahan, and Flores through several fraudulent real property development schemes. (FAC, p. 2:9-11.) Defendants convinced Plaintiff to abandon her secured deeds of trust on one development project, on the promise of being secured by another development project. (ld. at p. 2:11-13.) The second development project was already significantly overencumbered and resulted in Plaintiff losing the enti...

Excerpt: ...e original complaint, the first amended complaint ("FAC"), and second amended complaint ("SAC"), which were sustained or granted in part. Latessa filed her operative third amended complaint ("TAC") on May 24, 2023. Defendants filed the present demurrer and motion to strike on June 27, 2023. Defendants demur to the first, second, third, sixth, seventh, and eighth causes of action for failure to state facts sufficient to constitute any claim. (Code...

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 14 June 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order On Demurrer Of Defendant SGLC Inc. to Plaintiffs' First Amended Complaint. l. Statement of Facts. On or about 26 June 2012, plaintiff MFAS Direct Services, LLC ("MFAS") purchased the real property loca...

Excerpt: ...North First Street, San Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4m PM on 14 June 2023. Please specify the issue to be contested when calling the Court and Counsel. Orders on: (1) Defendant Doe 3, Family Service Organization's Demurrer To Plaintiffs' Complaint For Damages; and (2) Specially Appearing Church Of Jesus Christ Of Latter-Day Saints' Motion To Quash Servi...

Excerpt: ...sion is unconscionable and DENIES the moton. The party challenging a contractual arbitration provision bears the burden of proving that it is both procedurally and substantively unconscionable. (OTO, LL.C. v. Kho (2019) 8 Cal.5th 111, 126.) This may be done on a sliding scale, where the more substantively oppressive the contract term, the less evidence of procedural unconscionability is required, and vice versa. (ld. at pp. 125-126.) In this case...

Excerpt: ...compliant wage statements, and committed other wage and hour violations. In related case no. 21CV3 85443, Plaintiffs Jose Garduno and Juan Padilla, also former employees of Defendants, make similar allegations against Defendants but also include a claim for unlawful wage deductions. Before the Court is Plaintiffs' motion for final approval of a settlement, which is unopposed. As discussed below, if Plaintiffs provide satisfactory clarification of...

Excerpt: ...reconsideration of the Court's August 14, 2023 order granting Cisco's renewed motion for summary judgment/adjudication of both causes of action asserted in lnESS's First Amended Complaint in Case No. 19CV347622. 2 As discussed below, the court DENIES Iness's motion. l. MOTION FOR RECONSIDERATION A. Legal standard and Propriety of Motion Motions for reconsideration are generally governed by Code of Civil Procedure secton 1008 ("Section 1008"), whi...

Excerpt: ...or declaratory relief; but the court also granted the motion in small part (with leave to amend), determining that the seventh affirmative defense was "merely conclusory and contains no supporting facts." (Order at pp. 5:24-26 & 6:16-18.)1 Mummah now brings this motion for sanctions under Code of Civil Procedure section 128.5, arguing that Li's JOP moton was "frivolous," "solely intended to cause unnecessary delay," and brought in "bad faith," bu...

Excerpt: ...nd David disagree about whether there is an outstanding loan on the family home. Elizabeth filed this lawsuit against various company defendants and David for declaratory and injunctive relief as to whether the loan on the family home is legitimate and should be enforced. She did not sue Bend. One defendant, Altva Capital Management Limited, filed a counterclaim against David and Bend to enforce the loan on the family home. Elizabeth, as a Member...

Excerpt: ...ty opposing the tentatve ruling must call Department 20 at 408.808.5856 and the opposing party no later than PM on 14 June 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order On Defendants Peyman Rad and Sasan Momeni's Special Motion To Strike (Code of Civil Procedure, S 5425.16) Plaintiff's Complaint For (1) Defaming (Libeling); (2) Malicious Conduct; (3) Breach Of Fiduciary Duty; (4) Intentional ...

Excerpt: ...ovember 16, 2023 (i.e., in one week). While Jane Doe is presently just under 14 years old, Jane Doe 2 is nine months older and is already 14. Defendant Union School District (the "District") does not oppose Jane Doe's request, recognizing "the mandatory nature of secton 36, subd. (b)." (Opposition at p. 1:24-26.) But the District also argues that the "interest of justice" requires that Jane Doe's case be severed from Jane Doe 2's case and the two...

Excerpt: ...nal Parking Services, Inc. ("Defendant"), alleging various Labor Code violations in 2015 ("Turner Acton"). 2 On January 21, 2016, plaintiff Mykale Rocquemore ("Rocquemore") filed a representative action against Defendant asserting a single claim for civil penalties under the Private Attorneys General Act of 2W4 ("PAGA") ("Rocquemore Action"). The PAGA claim is predicated on allegations that Defendant failed to compensate Rocquemore and the other ...

Excerpt: ...ightower") against 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 acton: (1) Failure to Pay All Wages Owed Including Overtime; (2) Unlawful Deductions; (3) Failure...

Excerpt: ...ilure to Provide Meal Periods of Pay Meal Period Premiums (Labor Code SS 204, 223, 226.7, 512 and 1198); (2) Failure to Authorize and Permit Rest Breaks or Pay Rest Break Premiums (Labor Code SS 204, 223, and 226.7); (3) Failure to Pay Overtime Wages (Violation of California Wage Order and Labor Code SS 204, 223, 510, 1194, 1197 and 1198); (4) Failure to Provide Accurate Itemized Wage Statements (Labor Code S 225); (5) For Waiting Time Penalties ...

Excerpt: ...ed on December 14, 2021, sets forth causes of action for: (1) Failure to Pay Minimum Wages; (2) Failure to Pay Overtime Compensation; (3) Failure to Provide Meal Periods; (4) Failure to Authorize and Permit Rest Breaks; (5) Failure to Indemnify Necessary Business Expenses; (6) Failure to Timely Pay Final Wages at Termination; (7) Failure to Provide Accurate Itemized Wage Statements; (8) Unfair Business Practices; and (8) Civil Penalties Under PAG...

Excerpt: ...the following causes of action: (1) Failure to Pay Minimum Wages; (2) Failure to Pay Overtime Owed; (3) Failure to Provide Lawful Meal Periods; (4) Failure to Authorize and Permit Rest Periods; (5) Failure to Timely Pay Wages During Employment; (6) Failure to Timely Pay Wages Owed upon Separation From Employment; (7) Failure to Reimburse Necessary Expenses; (8) Knowing and Intentional Failure to Comply with Itemized Wage Statement Provisions; (9)...

Excerpt: ...s v. Richard Barton, et al. (Santa Clara County Superior Court, Case No. 22CV407(M7) ("Daniels Acton") and Jessica Perry v. Richard Barton, et al. (Santa Clara County Superior Court, Case No. ("Perry Acton"). On 7, 2022, plaintiff Martin Daniels ("Daniels") filed a Stockholder Derivative Complaint for Breach of Fiduciary Duty, Unjust Enrichment, and Waste of Corporate Assets ("Daniels Complaint") against Netflix and certain directors and officers...

Excerpt: ...uses of action: (1) Failure to Pay Minimum Wages [Cal. Lab. Code SS 204, 1194, 1194.2, and 1197]; (2) Failure to Pay Overtime Compensation [Cal. Lab. Code SS 1194 and 1198]; (3) Failure to Provide Meal Periods [Cal. Lab. Code SS 226.7 and 5121; (4) Failure to Authorize and Permit Rest Breaks [Cal. Lab. Code S 226.7]; (5) Failure to Indemnify Necessary Business Expenses [Cal. Lab. Code S 2802]; (6) Failure to Timely Pay Final Wages at Termination ...

Excerpt: ... necessary discovery, KGB has not shown that a terminating sanction is the appropriate remedy here, given its failure to seek less severe sanctions or show why less severe sanctions would be inadequate. 1. Recent Procedural History KGB filed its original motion to compel against the Schimmels on February 7, 2023. One week later, on February 14, 2023, the Schimmels' attorney filed a motion to be relieved as counsel. The motion to compel was heard ...

Excerpt: ...irst Street, San Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 06 November 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Demurrer Defendant Wells Fargo Bank, N.A. to Plaintiff's Complaint. l. Statement of Facts. This is an action for damages brought by plaintiffs Flavio P. Pando and Maria J. Pando (coll...

Excerpt: ...rve or maintain the utility or performance of the Vehicle or to provide compensation if there was a failure in such utility or performance. (Ibid.) The Vehicle was delivered to Plaintiff with serious defects and nonconformities to the warranty and it developed other serious defects and nonconformities to the warranty, including but not limited to, engine, transmission, electrical, and exterior defects. (FAC, 9.) Plaintiff initiated this action on...

Excerpt: ...ber Defendants hired Plaintiff as a full time, non-exempt employee. (Complaint, '128.) She performed her job duties with excellence until Mehranfar terminated her on July 8, 2021. (Ibid.) During her employment, Defendants misclassified Plaintiff as an independent contractor and deprived her of pay for all hours worked, rest periods, mealtimes, and itemized wage statements. (Complaint, '135.) Plaintiff worked 5 days a week, with 3 of those days co...

Excerpt: ...e original complaint on July 14, 2022. John 1 and John Doe 2 filed a First Amended Complaint ("FAC"), adding allegations regarding the latter, on August 31, 2022. Plaintiffs filed the operative Second Amended Complaint ("SAC"), adding allegations regarding John Doe 3, on February 10, 2023. All three Plaintiffs allege that they were sexually abused at different times by defendant Ronald Gardner ("Gardner"), while he was employed by the District. T...

Excerpt: ...ects." Plaintiffs "national origin is Lebanese, which is an Arab country in the Middle East" and has "Arabic ancestry and ethnic characteristics." Plaintiff's first name "Mazen" is allegedly "known to be an Arabic name" and his surname "Arakji" is allegedly "known to a [M]uslim surname." (First Amended Complaint 1.) Plaintiff holds a Bachelor's in Electrical and Computer Engineering and a Master's in Computer Engineering from the university of Co...

Excerpt: ...oes it contest the factual basis for the amounts sought by defendants (counsel's billing records). Nevertheless, 18T opposes the motion on three grounds, discussed below. 1. The Court's "Schedule of Reasonable Attorney Fees" First, IBT argues that the court has published a "Schedule of Reasonable Attorney Fees" on its website and that defendants' request "is 80 times higher than allowed" by this schedule. The court rejects this argument out of ha...

Excerpt: ...osition: Taylor has proposed recording the testimony by audio only, rather than stenographically; in addition, he has proposed having the oath administered at a UPS Store in Sunnyvale (where there is a notary public) and then conducting the examination in the lobby of City Hall in Palo Alto. Like the City, defendant Su has also objected to the proposed manner and location of the deposition. The court agrees with the City and Su that the depositio...

Excerpt: ...e. 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 November 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Orders on Motions of Plaintiff Bernardo Magaöa Loya to Compel Defendant General Motors LLC To Provide Further Responses to Special Interrogatories, Requests For Production Of Documents, and to Form Interrogatori...

Excerpt: ...art the request for sanctions. 1. Documents Relating to the "Kennedy Investigation" (Requests for Production Nos. 27 & 29) The parties' primary substantive dispute centers on an investigation by the District into allegations of sexual assault committed by defendant Bryan Rios, which Flowers-Haywood refers to as the "December 2017 Kennedy Investigation." According to the District, it retained "outside counsel" to conduct this investigation after a...

Excerpt: ...tion pursuant to Code of Civil Procedure section 761.010 on May 30, 2023. CN One moves the Court to expunge the lis pendens. PP Elmdale owns apartment buildings located at 984 Elm Street in San Jose ("Plaintiff's Property") and at the adjacent 990 Elm Street, both of which it acquired in 1973. (Complaint, "1, 4, Ex. A; Corrected Declaration of Kirk Kozlowski, '13.) In 2020, CN One purchased property adjacent to 984 Elm Street for development ("De...

Excerpt: ...ly, "Plaintiffs") have filed causes of action alleging negligence and premises liability, among other claims, against defendants Gilroy Garlic Festival Association ("GGFA"), First Alarm Security & Patrol, lnc„ the City of Gilroy (the "City"), and Century Arms, Inc. ("Century Arms"). On July 23, 2021, Plaintiffs filed the operative pleading, the fifth amended complaint ("5AC"), which alleges the following causes of action: 1. Negligence - agains...

Excerpt: ...rding 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 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's limitations in areas where, for example, the lanes are unclear, the light is low or the Tesla's camera...

Excerpt: ...n of assets and liabilities. (ld.) On July 18, 21W7, pursuant to a judgment of dissolution for division of assets and liabilities, Olivia and An agreed to sell a jointly-owned vacation home located at 39045 N. Shore Drive in Fawnskin, CA ("Fawnskin Home") and divide the proceeds after sale. (ld.) However, Olivia and An never sold the Fawnskin Home after their divorce but continued to jointly own and use the property thereafter. (ld.) The Fawnskin...

Excerpt: ... the allegations of the operative Complaint, on various dates beginning on or about April 20, 2021, and continuing through the present date, plaintiff Robert Everet Johnston is alleged to have incurred one or more contractual obligations owed to Embarcadero Homes, Inc. ("Embarcadero"). (Complaint, '1 13.) The alleged debt is a "consumer debt" as the term is defined under the RFDCPA. Plaintiff alleges that Embarcadero retained Defendant to collect...

Excerpt: ...de, S 12900, et seq.) ("FEHA") against employee John Doe ("Doe"). Doe is a Dalit Indian, a caste at the bottom of the Indian hierarchy into which he was born. (Compl., 1.) Doe was recruited and hired at Cisco by 'yer in or around September 2015. (30.) At Cisco, Doe worked with a team of entirely Indian employees who all grew up in India and immigrated to the United States as adults. (Compl., 3.) Except for Doe, his entire team was from the high c...

Excerpt: ...fendants LPCH and Stanford Health Care's (collectively, "Defendants") motion for a protective order and (2) deceased Plaintiff Emily Masuda's competing motion to compel Defendants to provide the class list and to allow discovery into the identity of absent class members to locate potential additional class representatives. Both motions are opposed. As discussed below, the Court GRANTS Defendants' motion for a protective order and DENIES Plaintiff...

Excerpt: ...f Eagle Ridge called Eagle Ridge Courtyards ("Courtyards"). Plaintiff is an owner within the Courtyards. All owners within the Courtyards are members of Eagle Ridge Owners Association ("Association") and subject to the Eagle Ridge Declaration of Covenants, Conditions and Restrictions ("CC&Rs"). The Courtyards are also subject to the Declaration of Annexation and Supplemental Restrictions for The Community of Eagle Ridge ("Supplement"). The Supple...

Excerpt: ...Jerry Ivy Sr. and Deborah Ivy, Plaintiff's parents, reside in Santa Clara County. Defendant Edward lw, Plaintiff's brother, resides in Contra Costa County. Plaintiff's original Complaint was filed on November 17, 2020. Defendants initially brought a demurrer against this complaint, but this was rendered mint when the operative First Amended Complaint ("FAC") was filed on May 18, 2021. The FAC originally stated 13 causes of action against all Defe...

Excerpt: ...f Surgery for the Santa Clara Valley Medical Center ("SCVMA") for 13 years until she tendered her resignation on August 18, 2017. (Complaint, 2.) In January 2017, Plaintiff took medical leave because of her disability. (Complaint, 4.) She returned to work in late July 2017, with a Work Status Report from her doctor that contained a restriction, limiting her to no more than 4 hours of work per day. (Complaint, '15.) The Work Status Report stated "...

Excerpt: ... Abittan, Benjamin Fisch, and Charles Lu conspired to: (a) assert a false claim of ownership of its business; (b) misappropriate its trade secrets; (c) usurp and interfere with control over its assets, such as social media accounts; and (d) interfere with its relationships with investors and business partners. Mr. Abittan, a former business partner of Ms. Chao and Mr. Ding, filed a crosscomplaint alleging, among other things, that Ms. Chao and Mr...

Excerpt: ...efendant Hero Adams to (1) form interrogatories ("Fl") (set one), nos. 12.1-12.7, 13.1, 13.2, 14.1, 14.2 and 15.1, (2) special interrogatories (set three) nos. 1 and 2, (3) Sl (set four), nos. 1-29 and (4) requests for production of documents ("RPD") (set two), nos. 1-84. Plaintiff seeks monetary sanctions in connection with all four motions. Defendant opposes the motions and requests monetary sanctions in its favor. As discussed below, the Court...

Excerpt: ...ayers committed various acts of domestic violence against her. (Amended Complaint ("AC"), Plaintiff further alleges Mayers' stepfather, James P. Dechaine and his stepbrother Roanld Dechaine were involved in a "traunching" fraud scheme involving investments and real estate. (AC, "113-14.) Plaintiff also seems to allege that Defendants Randy Omoto and his wife Alison Macuch were involved in a scheme with Mavers and the Dechaines to use Plaintiff's ...

Excerpt: ...y opposing the tentatve ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 01 November 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Orders on: 1. Defendant Revestors LLC For Order To Expunge Any and All Notices Of Pendecy Of Action Or Lis Pendens; 2. Demurrer of Defendant Revestors LLC To Plaintiff's Complaint; and 3. Motion of Plaintiff to Consolidate F...

Excerpt: ...Policy"). (FAC, '1 10.) In August 2019, Carpenter began the process of obtaining for Plaintiff, through Lincoln Financial Group ("Lincoln"), two additional life insurance policies for $7,500,000 each (the "Lincoln Policies"). (ld. at 11.) Carpenter told Plaintiff he would do a "1035 exchange" from the John Hancock Policy to the Lincoln Polices for an estimated total of $162,000. (ld. at '1 12.) The FAC further alleges Carpenter allowed the John H...

Excerpt: ...tion, which is currently under submission. The motion was initially by Plaintiffs, but in their response to Google's reply, they explain that as a result of the parties' negotiations during the meet and confer process, they now withdraw that opposition. As discussed below, the Court GRANTS the moton as modified by the parties' negotiations.7 X. MOTION TO SEAL A. Legal Standard "The court may order that a record be filed under seal only if it expr...

Excerpt: ...aintiff designs, manufactures, and sells electric cars, electric vehicle powertrain components, as well as scalable energy generation and storage products. (FAC, 36.) Plaintiff sells successful electric vehicles and is poised to enter the pickup truck market, with over 500,000 reservations for its highly anticipated Cybertruck. (Ibid.) Defendants Rivian Automotive, Inc. and Rivian Automotive, LLC (collectively, "Rivian") are a prospective electri...

Excerpt: ...eneral Act of 2004 (Labor Code SS 2698, et seq.) ("PAGA"). On June 7, 2023, the court entered a Stipulation to Permit Filing of Consolidated Complaint; Order ("Stpulation"), which granted Plaintiff leave to file a consolidated complaint. The Stipulation states that Plaintiff filed a putative wage and hour class action, Sima Adami v. Prime Now LLC (Santa Clara County Superior Court, Case No. 21CV379287), in addition to her PAGA representative acti...

Excerpt: ...s forth causes of action for: (1) Violation of Labor Code SS 510, 558, and 1194; (2) Violation of Labor Code SS 226.7 and 512; (3) Violation of Labor Code S 2802; (4) Violation of Labor Code S 226; (5) Violation of Business and Professions Code SS 17200, et seq.; and (6) Violation of Labor Code SS 2698, et seq. ("PAGA"). The parties have reached a settlement. Plaintiff Marie Rebelo Showalter ("Plaintiff") now moves for preliminary approval of the...

Excerpt: ... for: (1) Failure to Pay Minimum Wages [Cal. Lab. Code SS 204, 1194, 1194.2, and 1197]; (2) Failure to Pay Overtime Compensation [Cal. Lab. Code SS 1194 and 1198]; (3) Failure to Provide Meal Periods [Cal. Lab. Code SS 226.7, 512]; (4) Failure to Authorize and Permit Rest Breaks [Cal. Lab. Code S 226.71; (5) Failure to Indemnify Necessary Business Expenses [Cal. Lab. Code S 28021; (6) Failure to Timely Pay Final Wages at Termination [Cal. Lab. Co...

Excerpt: ...cton: (1) Failure to Pay Minimum Wages; (2) Failure to Pay Wages and Overtime Under Labor Code S 510; (3) Meal Period Liability Under Labor Code S 226.7; (4) Rest Break Liability under Labor Code S 226.7; (5) Violation of Labor Code SS 226(a); (6) Violation of Labor Code S 221; (7) Violation of Labor Code S 204; (8) Violation of Labor Code S 203; (9) Violation of Business & Professions Code S 17200 et seq.; and (10) Penalties Pursuant to Labor Co...

Excerpt: ...e Consolidated Class Action Complaint, filed on January 12, 2023, sets forth the following causes of acton: (1) Failure to Pay Minimum Wages; (2) Failure to 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; (7) Failure to Reimburse Necessary Business Expenses; (8) Violation of Business...

Excerpt: ...a reasonably careful person would do in the same situation" causing injuries to Plaintiffs. (Complaint, p. 4, '1 2.) Specifically, Villela drove over 85 miles per hour while swerving between other vehicles traveling north on Highway 101. (Ibid.) Marra was the owner of the vehicle driven by Villela. (ld. at p. 5, 2.) Plaintiffs further allege that Marra knew, or should have known, that Villela was incompetent or unfit to drive the vehicle but stil...