Excerpt: ...ions: 4. Fraud 5. California Consumers Legal Remedies Act (Civ. Code §§ 1750 et seq.) 6. Strict and Negligent Products Liability 7. Medical Battery 8. Breach of Fiduciary Duty 9. Emergency Department Negligence 10. Abuse and Neglect in Violation of the Elderly and Dependent Adult Civil Protection Act (Welf. and Inst. Code §§ 15600 et seq.) 11. Negligent Medical Malpractice, including lack of informed consent 12. Negligent Infliction of Seriou...

Excerpt: ...here her job duties and responsibilities included making ice cream with and cleaning the LB502 DGT, a batch freezer manufactured by Ali Holding S.r.l. and its wholly‐owned subsidiaries, defendants Carpigiani North America (“Carpigiani”) and Ali Group North America (“Ali Group”), and distributed by JTB. (Complaint, ¶¶ 6‐7, 17.) Plaintiff alleges that she suffered serious injuries to her left hand as the result of defects in the subje...

Excerpt: ... Xu Pengfei (“Xu”), to defraud Plaintiff, and Ruan added non‐Google employee Xu to the Telegram group. (See FAC, ¶¶ 11, 75.) In accordance with this scheme, on May 12, 2022, Xu contacted Plaintiff and proposed that Plaintiff wire Chinese renminbi (RMB) and in exchange, Xu would wire Plaintiff US dollars (USD) based on current exchange rates, and provided Ruan's name as a reference. (See FAC, ¶¶ 12‐13.) Plaintiff and Ruan then exchange...

Excerpt: ...old Plaintiff that Plaintiff was “drunk,” and when Plaintiff stood up from the bench, Plaintiff was pushed backwards and then shoved backward despite retreating from Defendant's employee. (Id.) There was nothing to suggest that Plaintiff was guilty of disorderly conduct pursuant to Penal Code § 647. (Id.) The City of Palo Alto Police Department arrived, detained Plaintiff and conducted a field sobriety test on Plaintiff. (Id.) Plaintiff cont...

Excerpt: ...n Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 09 January 2023. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Demurrer of Defendants Clarissa Shetler and C2 Clean Beauty To First Amended Complaint of Plaintiffs C2 Skincare, Inc., and Christine Falsetti. I. Statement of Facts. A. First Amended C...

Excerpt: ...2‐3 years under the management executives, defendants Joe TaiChang Wu (“Joe”), and Gloria Mei Wu (“Gloria”), who had extensive experience in real estate development. (See complaint, ¶¶ 32‐33.) Business plans were presented to Plaintiffs in February 2014 and then June 2014, indicated a development timeline of 36 and then 72 months, a capital structure including EB‐5 investment, financial projections and the key officers of the mana...

Excerpt: .... In 2014, Plaintiff and her late husband entrusted two vintage collector vehicles with Defendant. (Complaint, ¶ 4.) The Complaint alleges that Defendant “promised to store, protect and safeguard the vehicles… has failed and refused in his promises and now refuses to either return the two vehicles described herein, or pay the fair market value of the vehicles.” (Id. at ¶ 9.) The following causes of action are alleged: 1. Conversion; 2. El...

Excerpt: ...in TPx's unit resulted in a flooding event that went undetected and unmitigated through the evening and the morning of June 3, 2018, causing damage to the premises of which Plaintiff was the tenant. (See complaint, ¶¶ 15‐16.) On May 31, 2019, Plaintiff filed a complaint against TPx for property damages and business interruption. On March 25, 2022, TPx filed a form cross‐complaint (“XC”) against cross‐defendant Honeywell International ...

Excerpt: ...o certain provisions of the Labor Code from the FAC. Plaintiffs oppose Cepheid's motion in all respects. As discussed below, the Court OVERRULES Cepheid's demurrer and GRANTS IN PART and DENIES IN PART its motion to strike. I. BACKGROUND According to the FAC, Defendant manufactures medical equipment in California. (FAC, ¶ 7.) In November 2021, Plaintiff Kamlesh Krishna began working for Defendant as an order picker in the logistics department at...

Excerpt: ...TAC, at ¶ 5.) Plaintiff met and consulted with Defendant to discuss Defendant's representation of Willie in July 2017. (Id. at ¶¶ 6‐9.) Plaintiff alleges that Defendant previously represented her and her family, resulting in Plaintiff's trust and reliance on Defendant to be fair and honest. (Id. at ¶ 6.) At the July 2017 meeting, Defendant knew or should have known that Plaintiff was vulnerable because she was 92 years old and in a distraug...

Excerpt: ... Plaintiffs and defendant Jagdeep Sidhu (“Jagdeep”), who are siblings, as well as Kaur, Jagdeep's wife, entered into an oral agreement to partner together to purchase an Arco consisting of a gas station and a workshop for automobile smog equipment inspection (“Arco”). (4AC, ¶ 13.) The agreement provided that: the parties would each pay $120,000 towards the purchase; Ranjit and Jagdeep1 would secure a loan for $185,000 using their house a...

Excerpt: ... U.S.C. sections 1692–1692p (“FDCPA”); and the California Rosenthal Fair Debt Collection Practices Act, California Civil Code sections 1788–1788.33 (“RFDCPA”). Before the Court is Ms. Guzman's motion for class certification, which CrossDefendants oppose. As discussed below, the Court DENIES the motion for class certification without prejudice. Also at issue is a motion to seal certain materials filed in support of CrossDefendants' opp...

Excerpt: ...Viking River Cruises, Inc. v. Moriana (2022) ___U.S.___ [142 S. Ct. 1906, 2022 U.S. LEXIS 2940] (Viking River). Plaintiff opposes the motion on several grounds. As discussed below, the Court DENIES Defendants' motion. I. BACKGROUND As alleged in the complaint, Defendant Western Digital Technologies, Inc. is a Delaware corporation that does business in California, including in Santa Clara County. (Complaint, ¶ 9.) Western Digital is engaged in th...

Excerpt: ...letion of her deposition and answer certain questions, and for a protective order addressing the logistics of the remote deposition as well as conduct by Goodwill's attorney Gregory Simonian and Ms. Sosa's attorney Frank Perretta. Plaintiff also seeks monetary sanctions against Goodwill, its counsel, and Mr. Perretta. Goodwill and, separately, Ms. Sosa oppose Plaintiff's motion. As discussed below, the Court GRANTS Plaintiff's motion with certain...

Excerpt: ...bjects that the subpoenas are overbroad and seek private medical information regarding conditions that are not at issue in this case. Defendant opposes the motion but agrees to modify the subpoenas. DISCUSSION A. Legal Standard Code of Civil Procedure sections 1985.3, subd. (g), 1985.6, subd. (f)(1), and 1987.1 authorize a party to bring a motion to “quash a subpoena entirely, modify it, or direct compliance with it upon such terms or condition...

Excerpt: ...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 21 December 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Motion of Defendant/Cross‐ Complainant Michael Stephenson for Equitable Offset; and Motion of Plaintiff to Enforce Settlement. I. Statement of Facts. Plaintiff filed this complaint on 19 April ...

Excerpt: ...ach being Plaintiff's termination); (2) Breach of the Implied Covenant of Good Faith and Fair Dealing (based on the same alleged breach, Plaintiff's termination); (3) Fraud (alleging at ¶¶75‐78 that Defendant's motto: “Don't be Evil” is an actionable misrepresentation that could be reasonably relied upon as an inducement to forgo other employment opportunities); (4) Intentional Misrepresentation (also alleging at ¶¶80‐84 that Defendan...

Excerpt: ...orable Patricia M. Lucas on December 21, 2022, at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a class and representative action arising out of alleged violations of the Fair Credit Reporting Act (“FCRA”) and the Labor Code. Plaintiff Jennifer Geierman (“Plaintiff”) filed the operative First Amended Complaint (“FAC”) against defendants Grocery Delivery E‐Services USA, Inc. ...

Excerpt: ...urt now issues its tentative ruling as follows: I. INTRODUCTION This is a putative consumer class action brought pursuant to the California Fair Debt Buying Practices Act, Civil Code sections 1788.50‐ 1788.64 (“CFDBPA”). According to the Class Action Complaint for Statutory Damages (“Complaint”), filed on December 4, 2018, plaintiff Pamela Shereé Chambers (“Plaintiff”) seeks statutory damages against defendant Crown Asset Managemen...

Excerpt: ...This representative action brought pursuant to the Private Attorneys General Act of 2004 (“PAGA”) arises out of alleged wage and hour violations. The operative Second Amended Representative Action Complaint (“SAC”), filed on September 22, 2022, sets forth a single cause of action for PAGA Civil Penalties [Cal. Lab. Code §2698 et seq.] based on alleged misclassification by defendant Keyence Corporation of America (“Defendant”) of aggr...

Excerpt: ...pposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 12 December 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order On Defendant Caltrans' Motion To Strike A Portion Of Plaintiff Jaime Canales's Second Amended Complaint. I. Statement of Facts. On 11 May 2019, Armando Canales (“Decedent”) was a passenger in a 2003 Toy...

Excerpt: ...orth 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 12 December 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Further Order on Motion of Defendants for Order Requiring Non‐Resident Plaintiff to Furnish a Bond under Corporations Code, §§ 800, 17709.02 and/or Undertaking under Co...

Excerpt: ...th Rule of Court 2.112, which states: “Each separately stated cause of action, count, or defense must specifically state: (1) Its number (e.g., ‘first cause of action'); (2) Its nature (e.g., ‘for fraud'); (3) The party asserting it if more than one party is represented on the pleading (e.g., ‘by plaintiff Jones'); and (4) The party or parties to whom it is directed (e.g., ‘against defendant Smith').” Failure to comply with Rule of Co...

Excerpt: ...sole member, Director, CEO, President, Secretary, and Treasurer of a management entity called Healthcare Integrity, LLC (“HCI”). (Ibid.) The FAC alleges, upon information and belief, that HCI became Rehoboth's manager pursuant to the terms of a management agreement dated September 1, 2016 (“HCI Management Agreement”), but there was no final sign off by the Board of Trustees (the “Board”). (Ibid.) Conejo intentionally, purposefully, an...

Excerpt: ...et, 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 12 December 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Motion Of Defendant California Department Of Transportation To Compel Plaintiff Jaime Canales To Respond To Form Interrogatories, Set One. In reviewing the separate statement of plaintiff...