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: ...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: ...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: ...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: ...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: ...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: .... 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: ...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: ...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: ...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: ... 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: ...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: ...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...

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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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...