Excerpt: ...ed at 11600 Magdalena Avenue in Los Altos Hills, California, consisting of a single family residence adjacent to a cottage (“Property”). (Complaint at ¶ 2.) Defendant Katy Lee dba KLEE Real Estate and Property Management (“Lee”) is a real estate broker licensed by the State of California. (Id. at ¶¶ 3‐4.) On May 8, 2021, defendant Lee provided Plaintiffs with a document entitled “Disclosure Regarding Real Estate Agency Relationship...

Excerpt: ...entional Infliction of Emotional Distress (“IIED”). Defendant filed a demurrer to the second and third causes of action (NIED and IIED) on the ground of a failure to allege sufficient facts to establish a cause of action. With respect to the second cause of action, NIED, the Complaint failed to satisfy the contemporaneous requirement for a NIED claim. With respect to the third cause of action, IIED, Plaintiff failed to support her assertions ...

Excerpt: ...nd Floor, 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 12 December 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Orders on: (1) Demurrer to the First Amended Cross‐Complaint by Cross‐Defendant Aegis Security Insurance Company; (2) Demurrer and Motion to Strike to th...

Excerpt: ...entional spoliation of evidence or misusing the discovery process. DISCUSSION A. Legal Standard Courts have the power to impose discovery sanctions pursuant to C.C.P. § 2023.030 for spoliation of evidence. Cedars‐ Sinai Med. Ctr. v. Superior Court (1998) 18 Cal. 4th 1, 12 (spoliation of evidence is a “misuse of discovery” within the meaning of C.C.P. § 2023). On a motion for sanctions, the initial burden is on the moving party to prove th...

Excerpt: ...d Doe defendants (collectively, “Defendants”) to provide Plaintiff with fall protection and proper training, to properly inspect the premises, and to warn of dangerous conditions that were known or should have reasonably been known to these defendants. (See complaint, ¶¶ 9‐10.) The premises were owned by defendant Wilshire Park Townhouse Association. (See complaint, ¶ 11.) East West Building Services, LLC— which is not a party to this ...

Excerpt: ...ose. 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 December 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Demurrer to the First Amended Complaint by Defendants Select Portfolio Servicing, Inc. and U.S. Bank, N.A. I. Statement of Facts. This is a wrongful foreclosure action arising from real p...

Excerpt: ...ion was filed in response to an application for Good Faith Settlement filed by PVI on 9/26/22. Trinh's motion is timely. According to the allegations in Plaintiffs' Compliant, the case arises out of the management of real property located at 5936 Killarney Cir, San Jose, CA 95138 (the Property). The Property was purchased by Plaintiffs in or about May 2016 and Trinh was the agent and PVI was the broker. After the sale was completed, from 2016 to ...

Excerpt: ...hat order. Before the Court are (1) the parties' joint motion for final approval of the settlement and (2) Plaintiff's motion for approval of her attorney fees, costs, and service award. The motions are unopposed. As discussed below, the Court GRANTS final approval. I. LEGAL STANDARD FOR SETTLEMENT APPROVAL Generally, “questions whether a [class action] settlement was fair and reasonable, whether notice to the class was adequate, whether certif...

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 14 December 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Defendant TLC Of The Bay Area, Inc. d.b.a. Valley House Rehabilitation Center's (1) Demurrer To Plaintiff's Second Amended Complaint; and (2) Motion To Strike Portions Of Pl...

Excerpt: ... the complaint (“Complaint”), on March 10, 2019, plaintiff Paublo Chavarria (“Plaintiff”) tripped and fell on an unmarked, unused and unconnected ground rod located at the defendants' property, causing him to suffer severe injuries to his left shoulder. 2. Equity's Cross‐Complaint Per the allegations of the Cross‐Complaint, the property on which the subject incident took place, the Morgan Hill Preserve located at 12895 Uvas Road in Mo...

Excerpt: ...ctively, “Plaintiffs”) obtained fee simple title to certain real property and improvements located at 27223 Sherlock Road in Los Altos, California (“27223 Sherlock”). (Complaint at ¶ 4.) Defendant Joan E. Sherlock (“Sherlock”) is the owner of real property located at 27261 Sherlock Road in Los Altos (“27261 Sherlock”). (Id. at ¶ 5.) The two properties are adjacent to one another. (Id. at ¶ 10.) In 2016, Plaintiffs hired TKM Lan...

Excerpt: ...nts. Gottesman filed notices of lien in the instant action and served all parties and their counsel. Thereafter Plaintiff accepted settlement from YMCA and YMCA disbursed funds to Plaintiff and her counsel Gregory G. Paul (Paul) without including Gottesman as payees on the settlement draft. YMCA's settlement required Plaintiff to satisfy any liens and to hold YMCA harmless from any lien claims. Gottesman seeks satisfaction of the liens from Plain...

Excerpt: ...) failed to pay all final wages owed as a result of fees incurred with the use of pay cards; and (f) failed to provide accurate wage statements. Before the Court is Defendant's motion to compel arbitration, based on the United States Supreme Court's recent decision in 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, ...

Excerpt: ...de sections 1788–1788.33 (“RFDCPA”). Before the Court is Galaxy's motion to compel arbitration of the cross‐claims and stay the case, which Plaintiff opposes. As discussed below, the Court GRANTS Galaxy's motion. I. BACKGROUND Galaxy filed this action on November 18, 2021, asserting claim for breach of contract and account stated arising from Ms. Oda's alleged failure to fully repay a loan subsequently assigned to Galaxy. Ms. Oda answered...

Excerpt: ...with 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 ...

Excerpt: ...involving Arriaga & Associates, Inc. (“Arriaga, Inc.”), a company that provides security for other businesses and entities. (See Verified First Amended Complaint (Case No. 17CV310003) (“FAC”), ¶¶ 2 and 8.)5 In one of the cases before the court, Arriaga, Inc. alleges that defendants Jason Lara (“Lara”), and Jose Segura (“Segura”) 4 The included actions are: (1) Giron, et al. v. Arriaga, et al., Superior Court of California, Count...

Excerpt: ...rom alleged misrepresentations and omissions in the registration statement and prospectus issued in connection with defendant Cloudera, Inc.'s (“Cloudera”) acquisition of and merger with Hortonworks, Inc. (“Hortonworks”). According to the allegations of the operative Consolidated Class Action Complaint (“Complaint”), filed on August 5, 2019, Cloudera is a Delaware corporation with its principal executive offices located in Palo Alto, ...

Excerpt: ...ng before the Honorable Patricia M. Lucas on December 14, 2022, at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION These are two coordinated cases arising out of alleged Labor Code violations. The Turner case is a putative class action brought by plaintiff Adrian Turner (“Plaintiff”) against her former employer, defendant Corinthian International Parking Services, Inc. (“Defendant”), allegi...

Excerpt: ...ive ruling as follows: I. INTRODUCTION This is a putative class and representative action arising out of various alleged Labor Code violations brought by plaintiff James Abernathy (“Plaintiff”) against defendant Deacon Construction, LLC (“Defendant”). According to the allegations of the Complaint, filed on June 17, 2020, Defendant employed Plaintiff as a non‐exempt construction worker from December 2019 to April 7, 2020. (Complaint, ¶ ...

Excerpt: ... Kim Le (“Annie”) executed a personal guarantee, guaranteeing and promising to pay any and all indebtedness of AGOC. (See 4AC, third cause of action, ¶¶ 12‐13.) AGOC defaulted on its account owing Plaintiff, as of 12/31/19, the sum of $31,945.19 plus interest at the rate of 24 percent per annum. (See 4AC, ¶ 14.) On August 26, 2020, after Plaintiff filed the initial complaint, Annie filed a petition for relief under Chapter 13 of the Bank...

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: ...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: ...loyee within the control group of Defendant On‐Site. Defendant further contends that disqualification is warranted because the former manager is also a current member and shareholder with Defendant Orchard City Holdings, Inc. In support of the instant motion, Defendant makes the following arguments: (1) Murphy must be disqualified because she not only communicated with a managing agent and member of Defendant, but she also represents that indiv...

Excerpt: ...terrogatories If a party to whom interrogatories are directed fails to serve a timely response . . . The party who fails to serve a timely response waives any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protection for work product . . . [and] . . . The party propounding the interrogatories may move for an order compelling respo...