Excerpt: ...mmonly known as Suite 700 (“Premises”) of the building located at 2440 West El Camino Real in Mountain View, California. (Complaint at ¶ 5.) The Lease required Flex Logix, among other things, to pay rent and other charges (collectivel y, “Rent”) when due. (Id. at ¶ 6.) Despite this requirement, Flex Logix failed to pay Rent when due under the terms of the Lease. (Id. at ¶ 7.) On June 8, 2023, BXP served Flex Logix with a 5 -day Notice ...

Excerpt: ...2) Battery; (3) Gen der Violence in Violation of Civil Code Section 52.4; (4) Assault; (5) Violation of the Ralph Civil Rights Act (Civil Code Section 51.7); (6) Violation of the Bane Act (Civil Code Section 52.1); (7) Intentional Infliction of Emotional Distress; and (8) Neg ligent Infliction of Emotional Distress. There are no exhibits attached to the complaint. Currently before the court is Gandoza's demurrer to the complaint, filed on Dece...

Excerpt: ...y 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 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Order On Demurr e r To Plaintiff's Complaint. I. Statement of Facts. Plaintiff Erik Estavillo (“Estavillo”) is permanently disabled, suffering from Crohn's disease, depression, obsessive -compulsive disorder, a...

Excerpt: ...ly, “Defendants”), causing h im to sustain injuries. (See complaint, ¶ 9.) Defendants knew or should have known about the dangerous condition created by the utility cover and catch basin being used on the subject premises as a latent dangerous condition in an area open and known and foreseeably to be used by the public. (See complaint, ¶ 10.) On September 20, 2021, Plaintiff filed a complaint against Defendants asserting causes of action f...

Excerpt: ...nt, ¶ 1.) Dr. Asllani is a Kosovo resident, doctor, and human rights activist, who has documented human rights violations in the Western Balkans for the past 30 years. (Complaint, ¶ 3.) Plaintiffs allege Google discriminated against the Albanian language by excl uding it on Google platforms and failing to support it on Google Ads and Google Adsense. (Complaint, ¶¶ 9 -12.) In 2014, the Director of Google Adriatic visited the Republic of Kosovo...

Excerpt: ... again st Emil Eshagh and The Perfect Finish Inc. (“Perfect Finish”) in the amount of $50,733.28, for breach of contract, fraud, and other causes of action. Emil Eshagh was/is involved in the operation of The Perfect Finish. (Complaint, ¶ 11.) Plaintiffs had contracted Perfect Finish to design, build, and install kitchen and bathroom cabinets. (Complaint, ¶ 9.) On May 1, 2023, during a debtor's exam, Mr. Eshagh claimed (1) Earthlime Inc. wa...

Excerpt: ...V395005) after Respondents successfully quashed a petition to correct the arbitration award, this court (Judge Kirwan) awarded $461,250.00 out of the $745,696.49 requested. In the second motion, filed in a related case (No. 22CV399395) after Respondents (who were petitioners in that case) prevailed on a petition to confirm the arbitration award, this court (the undersigned) awarded $361,923.55 out of the $810,545.35 requested in this case. The ...

Excerpt: ...s father and his mother Adrienne, as joint tenants, gifted property located at 2960 Sierra Road in San Jose (the “Property”) to Tyler and his wife, Leticia Kawamoto. (SAC, ¶ 10.) On April 30, 2007, Tyler and Leticia paid Tyler's parents $350,438.87 for the Property, and they continued to make mortgage payments of $1,500 per month. (SAC, ¶¶ 11 -12.) On June 6, 2008, Tyler's father passed away. (SAC, ¶ 13.) On November 12, 2008, Adrienne tr...

Excerpt: ... & Nguyen Thi Ngoc Quy Insuran ce Trust. The original and still -operative complaint, filed on October 20, 2020, states three causes of action: (1) Fraudulent Transfer re: “Granite Bay Property,” in violation of Civil Code (“Civ. Code”) section 3439.04(a), part of the Uniform Voidable Transfer Act (“UVTA”) (Civ. Code, §§ 3439 et seq.); (2) Fraudulent Transfer re: “$1.9 Millon Granite Bay Loan,” in violation of Civ. Code section...

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 14 February 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Order On Defenda n t 's Demurrer To Plaintiff's Complaint. I. Statement of Facts. Plaintiff Ampere Computing LLC (“Ampere”) is a semiconductor manufacturer founded in 2017. (Plaintiff Ampere's complaint in case n...

Excerpt: ...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 14 February 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo --- Orders on: (1) Motion Of Defendants/ Cross -Complainants For Summary Judgment, Or In The Alternative, Summary Adjudication, On Cross -Complaint; (2) Motion Of Defendants For Summary Judgm...

Excerpt: ... on March 31, 2019, he entered into a warranty contract with Defendant and purchased a defective 2019 GMC Sierra 1500 (“Subject Vehicle”) that was manufactured and warranted by Defendant. (Complaint, ¶¶ 16 -18, 29, 31.) In connection with this purchase, Plaintiff received an express wri tten warranty providing that Defendants would repair the Vehicle in the event it developed a defect during the warranty period. Plaintiff also received an i...

Excerpt: ...on Agreement,” the cour t agrees with Plaintiff and grants his motion. The court denies defendants' motion. The parties settled their litigation shortly before trial, as memorialized in a one - page settlement agreement dated February 28, 2019. The parties noted in the agreement that they “anticipate a more formal settlement agreement being drafted and executed but it is their intent that this document, [sic] signed by them be a binding legal...

Excerpt: ...nt inc reased the interest rate from 1% to 5%, they declined to move forward with the loan, and the loan was never funded. Defendant claims the loan agreement was made between Plaintiff Van Tu's brother and Defendant in 2015. In the course of researching a pos sible refinance of the property, Plaintiffs discovered the short form deed for $200,000 was filed against their property and filed this lawsuit to quiet title. On August 13, 2021, Plaint...

Excerpt: ...h Retention of a Se curity Deposit. According to the complaint, Plaintiffs resided at 95 South 33rd Street in San Jose, California (the “Property”) from November 2020 to September 2021. (Complaint, ¶ 12.) Plaintiffs signed a written agreement with Esmeralda Real Gonzales , who represented herself as the owner of the Property.1 (Id. at ¶ 13.) After learning that Gonzales was not the owner, Plaintiffs asked her who was, prompting Gonzales to ...

Excerpt: ...ussed below, the motion is GRANTED. I. BACKGROUND A. Related Case In August 2017, another Samaritan employee, Jennifer Richert, filed a similar action related to her wage statements, Richert v. Samaritan, LLC (Super. Ct. Santa Clara County, No. 17CV314186) (Richert) . Ms. Richert is represented by the same counsel who represent Plaintiffs here. She alleges that, during pay periods when she received overtime wages, her wage statements failed to i...

Excerpt: ...ded that Why Systems would provi de equipment and services to Emodo at a monthly rate of $271,068 and with a 5% charge for late payments and award of attorneys' fees incurred in connection with the collection of amounts due. (Compl., ¶ 6, subds. (a) -(c).) Defendant breached the August Lease by failing to make the payments due and owing of at least $5,028,492, excluding interest and fees. (Compl., ¶ 8.) On July 31, 2023, Plaintiff filed its Co...

Excerpt: ...023, sets forth causes of action for: (1) Failure to Pay All Minimum Wages; (2) Failure to Pay All Overtime Wages; (3) Meal Period Violations; (4) Rest Period Violations; (5) Wage Statement Violations; (6) Failure to Timely Pay Wages During Employment and Upon Terminatio n; (7) Unfair Competition; and (8) PAGA Penalties. The parties have reached a settlement. Plaintiff Anicia Cisneros (“Plaintiff”) moved for preliminary approval of the settle...

Excerpt: ... 2020, set forth c auses of action for: (1) Violation of 15 U.S.C. §§ 1681b(b)(2)(A) (FCRA); and (2) Violation of 15 U.S.C. §§ 1681d(a)(1) and 1681g(c) (FCRA). On November 18, 2020, the court issued its Order Deeming Case Complex and Staying Discovery and Responsive Pleading Deadline, which stayed all discovery in this case. On June 4, 2021, Plaintiff filed the operative First Amended Complaint (“FAC”), which sets forth causes of action ...

Excerpt: ...ilure to Provi de Meal Periods or Compensation in Lieu Thereof; (2) Failure to Provide Rest Periods or Compensation in Lieu Thereof; (3) Failure to Pay Minimum Wages; (4) Failure to Pay Overtime Wages; (5) Failure to Reimburse Work Related Expenses; (6) Failure to Comply with Itemized Employee Wage Statement Provisions; (7) Failure to Pay All Wages Upon Termination; (8) Unfair Business Practices; and (9) California Labor Code Private Attorneys Ge...

Excerpt: ...�Plaintiff”). Pl aintiff's original Complaint, filed on September 30, 2019, set forth the following causes of action: (1) Breach of Contract; (2) Breach of the Implied Covenant of Good Faith and Fair Dealing; (3) Intentional Misrepresentation; (4) Promise Without Intent to Perform; (5) Fraudulent Omission; (6) Breach of Fiduciary Duty; (7) Quasi -Contract Based on Unjust Enrichment; (8) Violation of California Bus. & Prof. Code § 17200; (9) I...

Excerpt: ...onal (“Colliers”), and John Machado (“Machado”)(collectively, “Cross-Defendants”). According to the allegations of the Cross-Complaint (“XC”), on May 7, 2002, Schmitt purchased a fee estate of real property located at Hillsdale Ave in San Jose (“the Property”). (XC, ¶ 1.) Alliance was hired through Colliers' agent Machado, to handle the transaction and prepare the grant deed for the Property. (Id. at ¶ 4.) Also on May 7, 200...

Excerpt: ...��)2, property located at 4234 Pomona Avenue in Palo Alto (the “Pomona Property”)3, and property located at 2972 Clara Drive in Palo Alto (the “Clara Property”). The Clara Property is at the center of this Complaint. In 2002, Sherry and Lisa purchased the Clara Property. (Complaint, ¶ 16.) Mei and her late husband, Ying, put up the $300,000 down payment for the Clara Property as a gift to their daughters, who are each 50% owners. (Compla...

Excerpt: ...”) (collectively, “Defendants”). According to the complaint, BioDot designs and manufactures precision liquid dispensing and material-handling systems used by corporate customers to manufacture diagnostic tests. (Complaint at ¶ 2.) ATS is a multi-national conglomerate that builds automation systems for many industries, including medical devices, pharmaceuticals, telecommunications, semiconductor, Þber optics, automotive, computers, solar ...

Excerpt: ...elief from the government claim Þling requirements (Government Code section 945.4), Doe Þled the operative Þrst amended complaint (“FAC”) on July 21, 2023. The FAC states causes of action for: (1) Gender Violence (Civ. Code, § 52.4); (2) Sexual Harassment (Civ. Code, §§ 51.9, 52); (3) Sexual Assault (Code Civ. Proc., § 340.16); (4) Sexual Battery (Civ. Code, § 1708.5); (5) Intentional Inßiction of Emotional Distress (Code Civ. Proc.,...

Excerpt: ... attorney's fees provisions in two di
¯erent agreements that apply to this case. Having reviewed these provisions closely, as well as the cited case law, the court disagrees and now denies the motion. 1. The MOU First, defendants rely on a memorandum of understanding (“MOU”) between plainti
¯ Brett Weisel and defendant David Lichtenger that was “attached and incorporated into the LLC Operating Agreement” for Integrity Homes, LLC, which ...

Excerpt: ...t 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 09 February 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Orders on Defendant's Demurrer and Motion to Strike. I. Statement of Facts. On or about 16 September 2022 decedent Adeburezak Ebrahim (“Decedent”) was admitted to Santa Clara Valley Medica...

Excerpt: ...ca's (“BUPTAAA”); and iTalk Global Communications, Inc.'s (“iTalk”) special motion to strike Plainti
¯ Ning Yu's First Amended Complaint. California Code of Civil Procedure section 425.16(c) states: “a prevailing defendant on a special motion to strike shall be entitled to recover his or her attorneys' fees and costs.” (Cal. Code Civ. Pro. §425.16(c) (emphasis added).) Given the mandatory nature of these fees and costs, the only iss...

Excerpt: ...answered questions. This brief was also tardy.4 The court would like the parties to address the following questions at the hearing: 1. Plainti
¯s argue that the Federal Arbitration Act (“FAA”) does not apply in this case, because “[t]here is no indication . . . that AXIOM engaged in any interstate commerce or that the agreement is intended to encompass such activity at all.” (Opposition at pp. 3:28-4:2.) If the court ultimately agrees an...

Excerpt: ...5660.40 for a total of $121,272.90. Nguyen is the “prevailing defendant under CCP section 425.16(c), which mandates that “a prevailing defendant on a special motion to strike shall be entitled to recover his or her attorney's fees and costs.” (CCP § 425.16(c).) On November 8, 2023, the Court issued an order granting Nguyen's anti-SLAPP motion with respect to six of the seven counts contained in Plainti
¯'s First Amended Complaint. By this...

Excerpt: ...ackground 1. Complaint According to the Complaint, the Falcocchias engaged in unpermitted work on their residential property in violation of the City's municipal code. An administrative hearing was held before the City's Appeals Hearing Board (the “Board”). The Board ordered the Falcocchias to obtain City approval, including permits and inspections, for work done on their property. The Board also assessed administrative costs and penalties, i...

Excerpt: ...ly favor the enforceability of arbitration agreements and require that – where parties have agreed to arbitrate – they must do so in lieu of litigating in court. (Buckeye Cheek Cashing, Inc. v. Cardegna (2006) 546 U.S. 440, 443; Moses H. Cone Mem. Hospital v. Mercury Constr. Corp. (1983) 460 U.S. 1, 24-25; Harris v. Tap Worldwide, LLC (2016) 248 Cal.App.4th 373, 380 [“California law favors enforcement of valid arbitration agreements.”]; t...

Excerpt: ...lleges Purvis breached his Þduciary duties to StormQuant when “he walked o
¯ the job with no notice or e
¯ort to protect StormQuants interests” and engaged in self-dealing to enrich himself and others, including his spouse. (Id.) StormQuant alleges Purvis “developed a scheme” to create employment agreements that would only be o
¯ered if StormQuant obtained $5 million in funding from an investor. (Complaint, ¶ 7.) StormQuant alleges ...

Excerpt: ... 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 09 February 2024. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo--- Order on Motion of Defendants to Quash Subpoena Issued to Bank of America, N.A. I. Statement of Facts. Plainti
¯ Þled this complaint on 22 of August 2022.4 Plainti
¯s contend that defen...

Excerpt: ...d oral argument, the Court essentially found for Petitioners. The arbitrator's interim award states: Arbitrator awards Claimants $13,504.00 as damages for breach of the HIA, plus costs in the amount of $748.32, plus attorney's fees according to proof. Claimant shall submit to Arbitrator an itemized statement of attorney's fees incurred showing the attorney's hourly rate, the date the work was performed, the work performed, and the amount of time ...

Excerpt: ... did not Þle her memorandum o points and authorities until January 22, 2024, which is only 15 court days beore a February 13, 2024 hearing date. Code o Civil Procedure section 1005, subdivision (b), requires moving papers to be served at least 16 court days beore a hearing. Unsurprisingly, given the lack o notice (much less, timely notice) the court has received no response to the motion rom Nordstrom. Second, even i notice were proper, t...

Excerpt: ...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 07 February 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Order On Giuliani Construction And Restoration's Motion For Summary Adjudication. I. Statement of Facts. Complaint Plainti
¯ Giuliani Construction and Restoration, Inc. (“GCR”) is a license...

Excerpt: ...ic teacher, Israel Santiago (“Santiago”). (Id.) Before Santiago assumed his teaching position at Adelante, he was employed at a di
¯erent school within the district but left that school amid allegations of sexual misconduct with students, but was nonetheless transferred into and became fully employed as a band and music teacher at Adelante. (See complaint, ¶ 5, 9.) Defendants knew or had reason to know of Santiago's unlawful sexual conduct ...

Excerpt: ... Aaron Michael Cox was a Harker employee, as a dorm parent and/or sta
¯ member, and he sexually assaulted and abused Plainti
¯ on at least 10 occasions over a year when Plainti
¯ was 10 years old. (Id.) Plainti
¯ initiated this action on December 2, 2022, and on July 20, 2023, he Þled his TAC asserting: (1) negligence; (2) negligent supervision; (3) negligent hiring and/or retention; (4) negligent failure to warn, train, or educate; (5) inte...

Excerpt: ... 161 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 07 February 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Orders On: Order On (1) Defendant Cole Weston Dill-De Sa's Demurrer To Plainti
¯'s F i r s t Amended Complaint; (2) Defendant Theta Delta Chi Founders' Corporation's Motion For...

Excerpt: ...ollectively, “Sheet Metal Plainti
¯s”), Rick Werner, and Sean O'Donoghue (collectively, “Trustee Plainti
¯s”),1 bring this action pursuant to Labor Code sections 218.7, subdivision (b)(2) and 218.8, subdivision (b)(2) against defendants KB Home, KB Home South Bay Inc., and Lefco, Inc. (collectively, “Defendants.”) I. Background A. Factual Sheet Metal Plainti
¯s are employee beneÞt plans and multi-employer plans as deÞned in the E...

Excerpt: ...Vehicle”), which was manufactured and/or distributed by FMC. (TAC, ¶ 6.) In connection with the purchase, Plainti
¯s 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. (TAC, ¶ 8.) During the warranty period, the Vehicle contained or developed defects, including but not limited to, defects related to the ...

Excerpt: ...nd fraud by concealment. Plainti
¯ now seeks an order compelling Ford to produce documents relating to (1) the subject Vehicle (RFP Nos. 1, 3, 12, 15); (2) Internal Knowledge and Investigation Discovery (RFP Nos. 17, 19, 31, 36, and 39); (3) Summary documents and Deposition Testimony Regarding these Documents (RFP Nos. 43, 45, and 46); (4) Policies and Procedure Discovery (RFP Nos. 56, 57, 58, 68, 69, and 73); and (5) Communications with Governm...

Excerpt: ...Complaint (“FAC”), ¶ 4.) On or about May 19, 2022, Plainti
¯ disclosed to Defendant that she had sleep apnea, a disabling medical condition, and required accommodations. (FAC, ¶ 5.) Instead of accommodating Plainti
¯, Defendant terminated her employment. (Id. at ¶ 6.) Plainti
¯ duly and satisfactorily performed her duties of employment and was willing and able to perform her duties if reasonable accommodations had been made. (FAC, ¶¶ ...

Excerpt: ...(Chun Decl. Exhibit “7”.) Defendant served its response to Plainti
¯ in compliance with the Order on November 22. (Chun Decl. Exhibit “8”.) Defendant changed representation during the litigation, and its initial answer was improperly submitted in pro per, which it is seeking to amend. (Def. Sep. Statement ¶ 5.) II. Legal Standard The court may impose sanctions against anyone engaging in conduct that is a misuse of discovery under Code o...

Excerpt: ...bpoena to Mr. Abye to produce records of Bend Capital, LLC (“Bend”). Bend has two, 50% managing members: Mr. Chung and Ms. Chung. Mr. Chung asserts that Ms. Chung did not have the right to unilaterally cause Bend to engage a law Þrm without his consent. Mr. Abye has since been disqualiÞed from representing Bend but, according to Mr. Chung, he continues to withhold Bend's records related to Mr. Abye's representation and positions asserted on...

Excerpt: ...ussed below, the motion is GRANTED. I. BACKGROUND A. Related Case In August 2017, another Samaritan employee, Jennifer Richert, Þled a similar action related to her wage statements, Richert v. Samaritan, LLC (Super. Ct. Santa Clara County, No. 17CV314186) (Richert). Ms. Richert is represented by the same counsel who represent Plainti
¯s here. She alleges that, during pay periods when she received overtime wages, her wage statements failed to id...

Excerpt: ...1999) 21 Cal.4th 973, 975.) The court may grant a motion for withdrawing or amending deemed responses if (1) the admission was the result of mistake, inadvertence, or excusable neglect, and (2) the party that made the requests for admission will not be substantially prejudiced if the motion is granted. (CCP § 2033.300(b).) The law strongly favors a disposition on the merits and disfavors undeserved windfalls obtained through requests for admissi...

Excerpt: ...f boarding a ßight back to her home in the State of Washington. (Deposition of Shannon Krzycki (“Krzycki Depo.”) 72:5-10.) As Ms. Krzycki waited for her ßight to begin boarding, she sat in a bank of seats across from a restroom near Gate 13 with several traveling companions, including Ken Erickson, Adam Berns, and Alessandra Berns. (Krzycki 72:21-74:13; Deposition of Adam Berns (“ Adam Berns Depo.”), 26:1-10; Deposition of Ken Erickson ...

Excerpt: ...rom approximately June 15, 2006 to November 5, 2019, as an hourly-paid crew member/cook at Defendants restaurant in San Jose, California. (First Amended Complaint (“FAC”), ¶ 7.) Cuevas alleges that Defendant failed to pay minimum and overtime wages, failed to provide and record meal periods, failed to provide rest periods, failed to provide accurate itemized wage statements, failed to provide or produce employment records, failed to maintai...