Excerpt: ...a left medial pterygium removal with amniotic grafting surgery under the advice of Defendant Ellis. (Complaint, ¶ 11.) Plaintiff felt pain in her eye during the procedure and heard Defendant Ellis or his assistant state that she was bleeding. (Id. at ¶¶ 12‐13.) Immediately after hearing the comment, Plaintiff saw a bright flash of light, smelled something burning, and felt a painful burning sensation in her left eye. (Id. at ¶ 13.) On March...

Excerpt: ...�). (See SAC at p. 5.) After Plaintiff completed his shopping and put his bags in his vehicle, he was stopped by Mary Cayori (“Cayori”) from the City's police department. (Ibid.) She detained Plaintiff to determine if he had placed stolen items in his shopping bags. (Ibid.) Plaintiff responded he had a valid receipt for everything and encouraged the officer to review the store's video footage to confirm. (Id. at pp. 5‐6.) Following review o...

Excerpt: ... committed other wage and hour violations. The parties reached a settlement, which the Court preliminarily approved in an order filed on August 29, 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 his attorney fees, costs, and service award. Plaintiff'...

Excerpt: ...a claim for intentional interference with prospective economic advantage), and; (3) Breach of Contract (a commercial lease). The Complaint also has a checked box requesting punitive damages. As noted, Plaintiff is self‐ represented, which is sometimes referred to as appearing in propria persona. “[W]hen a litigant is appearing in propria persona, he is entitled to the same, but no greater, consideration than other litigants and attorneys. Fur...

Excerpt: ...kground This is an action for ejectment and declaratory relief. According to the complaint, plaintiff 577 Campbell LLC (“Plaintiff” or “577 Campbell”) is the owner of a two‐story office building on real property located at 577 Salmar Avenue in Campbell, California (“the Property”). (Complaint at ¶ 1.) Plaintiff is entitled to possession of a certain portion of the first floor of the Property, including, but not limited to offices o...

Excerpt: ...n September 12, 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 APPROVAL A. Class Acti...

Excerpt: ...parties reached a settlement, which the Court preliminarily approved in an order filed on June 21, 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 Co...

Excerpt: ...��CSC”) to form Defendant DXC Technology Company (“DXC”) (the “Merger”). In an order filed on August 8, 2022 (“August Order”), the Court sustained a demurrer by HPE, DXC, and the individual Defendants to each claim in the First Amended Consolidated Complaint (“FAC”). Plaintiffs filed the operative Second Amended Consolidated Complaint (“SAC”) on September 21, 2022. Defendants again demur for failure to state a cause of actio...

Excerpt: ...ed in an order filed on October 3, 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: ...respects. As discussed below, the Court GRANTS Plaintiff's motion as to the proposed meal period and electronic wage statement classes, and otherwise DENIES the motion. I. BACKGROUND According to the complaint, Plaintiff worked for Defendant as a non‐exempt, hourly employee from January 17, 2000 through February 28, 2018. (Complaint, ¶ 19.) Plaintiff and other putative class members were frequently not provided with compliant meal and rest per...

Excerpt: ...edecessor in interest, for the residential property located at 1315 San Domar Drive in Mountain View (the “Property”). Monthly rent was set at $3,500. At some unspecified point in time, Plaintiff became the owner of the Property and, on April 1, 2019, monthly rent was increased to $3,641. Defendants were later served with a 60‐day notice to quit (the “Notice”), which was posted on the Property on August 12, 2020. The period stated in th...

Excerpt: ...the placement and installation of boilers, HVAC components, and other equipment, at a condominium development in violation of minimum building standards. Plaintiff claims these defects and violations have negatively affected their health, use, and enjoyment of their property. Plaintiffs filed a petition to arbitrate their claims against Los Altos8 Owner, LLC (Los Altos8) the developer of the project. The instant action is against First Street is ...

Excerpt: ...ement, which the Court preliminarily approved in an order filed on September 6, 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 are Plaintiff's motions (1) for final approval of the settlement and (2) for approval of his attorney fees, costs, and service award. Plaintiff's motions are unopposed. As discussed below, the Court GRA...

Excerpt: ...nt”) which stated that any controversy arising out of or related to services rendered to Plaintiff during her admission to Vasona Creek would be determined exclusively by binding arbitration. Defendant contends that arbitration must be ordered because Plaintiff's claims for negligence, abuse/neglect of an elder adult and violation of the Patient's Bill of Rights fall within the scope of the Agreement signed by Plaintiff. In support of the Petit...

Excerpt: ...on January 18, 2022, plaintiff and cross‐defendant CKS Prime Investments, LLC (“CKS”) is the owner of debt owed by defendant and cross‐ complainant Ivana Vincenzi (“Vincenzi”). (Complaint, ¶¶ 2‐3 & 14‐17.) Vincenzi applied for and received a credit account with WebBank. (Id. at ¶ 9.) Vincenzi agreed to repay WebBank for any charges on the account and used the account to make purchases, to take cash advances, and/or to make bala...

Excerpt: ...uling as follows: I. INTRODUCTION This is a class and representative action arising out of various alleged wage and hour violations. The operative First Amended Complaint (“FAC”), filed on November 25, 2020, sets forth the following causes of action against defendant Joseph J. Albanese, Inc. (“Defendant”): (1) Minimum Wage Violations; (2) Rest Period Violations; (3) Meal Period Violations; (4) Failure to Indemnify All Necessary Business E...

Excerpt: ...2023, at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION Plaintiff David Chai (“Chai”) brings this putative consumer class action pursuant to the California Fair Debt Buying Practices Act (“CFDBPA”) against defendants Velocity Investments, LLC and Velocity Portfolio Group, Inc. (collectively, “Defendants”). According to the allegations of the Class Action Complaint (“Complaint”), fi...

Excerpt: ...ion comes on for hearing before the Honorable Patricia M. Lucas on January 11, 2023, at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a class action arising out of alleged violations of the Fair Credit Reporting Act (“FCRA”). The Complaint, filed by plaintiffs Monica Velazquez and Chrystal Gregoso (collectively, “Plaintiffs”) against defendants L Brands, Inc., Victoria's Secret St...

Excerpt: ...to be heard on 12/7/22 and 12/9/21, but were ordered to an informal discovery conference, along with a number of other discovery disputes. The parties, working with Judge Carol Overton, asked the Court to continue all of their discovery disputes over the ensuing year they continued productive meet and confer efforts. On 12/19/22 the parties entered into a stipulation regarding further discovery responses. The parties advised the Court that they r...

Excerpt: ...y opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 09 January 2023. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion of Plaintiff Ouster, Inc. to Seal Exhibit A of the Complaint and First Amended Complaint. I. Statement of Facts. In this misappropriation of trade secrets case, plaintiff claims that defendant V...

Excerpt: ...treatment, and psychological treatment for mental and emotional stress from the accident. On or about February 4, 2022, plaintiff and defendant reached settlement of the lawsuit for $250,000. Plaintiff is eligible for “full‐ scope” Medi‐Cal services available through the Medi‐Cal program, and from the time of injury to settlement of the lawsuit, Medi‐Cal paid $54,214 in injuryrelated medical expenses for plaintiff. Plaintiff provided ...

Excerpt: ...ond to the petition and oppose the motion to compel. Petitioner is the plaintiff and Cytrio, Inc. is the defendant in the subject action outside California, State of Massachusetts, County of Middlesex case no. 2181CV00081 (“MA action”). On December 27, 2022, respondent‐third party, Zymr, Inc. filed opposition to the motion to compel. On January 3, 2023, petitioner filed reply. According to the moving papers, on January 12, 2021, petitioner ...

Excerpt: ... October 3, 2022, defendants filed the instant motion to compel arbitration and stay proceedings. On December 27, 2022, plaintiff filed opposition. Procedural issue Preliminarily, plaintiff's opposition is procedurally defective because it is 19 pages in length, and thus, exceeds the mandated page limit. (See Cal. Rules of Court, rule 3.1113(d) [no opening or responding memorandum may exceed 15 pages, except in a summary judgment or adjudication ...

Excerpt: ...an 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 January 2023. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order On Motion of Plaintiff to Amend the Complaint. I. Statement of Facts. Plaintiff filed this complaint on 25 May 2021.6 She seeks damages in the amount of $113,426.00 arising from her purch...

Excerpt: ...assment/retaliation in violation of the FEHA. Plaintiff seeks punitive damages in relation to all four causes of action. The Complaint alleges that Plaintiff was hired by Intel on November 4, 2014 and was a vice president. He was terminated on August 18, 2020 when he was 51 years old. Prior to his termination Plaintiff had no record of discipline and had received positive performance reviews. The Complaint alleges that after the George Floyd prot...