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

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: ...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: ...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: ...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: ...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: ...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: ...) 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: ...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: ...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: ... 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: ...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: ...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: ...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 ...