Excerpt: ...o. 2010-1-CV- 178708. Petitioner has provided, and requested the court take judicial notice of, documents from that court file showing the cases were dismissed on July 10, 2010 and February 7, 2012, respectively. Respondent has filed an "Objection to Notice of Motion for Order of Expungement Lis Pendens From Verified Petition," in which she states, without supporting documentation, that "there is a pending lawsuit involving the property." II. Leg...

Excerpt: ...les for Defendant and Cross- Complainant S5 Advisory, Inc. ("S5"). Plaintiff alleges causes of action for wrongful termination, discrimination, and related claims stemming from that contractual relationship. S5 cross-complains for trade secret misappropriation, unfair competition, and related claims. After Plaintiff filed her motons to compel, the parties engaged in further meet and confer efforts and narrowed the number of requests that remain a...

Excerpt: ...ending default), locked him out of the premises, placed his belongings outside, and took some of his personal property, including an audio recording containing information Plaintiff claims is necessary for another lawsuit. ay this motion, Plaintiff seeks an order compelling Defendant Irma Cruz to provide responses to his Form Interrogatories (Set Two), Requests for Production of Documents (Set One), and Requests for Admission (Set One). It appear...

Excerpt: ...led to prov-de timely notice of Chau's claim under the insurance policy. Formation8 and Arch have now filed dispositive motions against each other. For the reasons that follow, the court GRANTS in part and DENIES in part Formation8's motion for summary adjudication, DENIES Arch's moton for summary judgment, and GRANTS in part and DENIES in part Arch's motion for summary adjudication. l. BACKGROUND A. The Policies Formation8 was the named insured ...

Excerpt: ...atic stress disorder for which he had been hospital-zed several times. (Ibid.) In 2019, Plaintiff was a graduate student at Stanford University in the neuroscience field. (TAC, '1 14.) On March 9, 2019, he believed he was suffering a bipolar episode and presented to Stanford Hospital for voluntary admission. (TAC, 15-16.) During his stay, he was prescribed medications that were not medically appropriate, given his history and symptoms. (TAC, "1 1...

Excerpt: ...s of Non-Hodgkin lymphoma and chronic liver disease. Defendant Tawa Supermarket, lnc„ has filed an opposition to Plaintiff's motion, in which they take the position that Plaintiffs have failed to meet their burden under CCP 535 because the declaration of counsel does not contain any documentation concerning current medical diagnoses, and that a preferential trial date would deprive defendant of their due process right to conduct a thorough inve...

Excerpt: ...er which Defendants agreed to help Plaintiff invest in real estate properties. On the same day, Plaintiff transferred $400,000.00 to Formica's bank account in exchange for his finding and purchasing an investment property for her. On or about February 3, 2018, Plaintiff and Defendants signed a note ("Promissory Note") in which Defendants agreed to return Plaintiff's $400,000.00, plus interest, by June 15, 2018. (Complaint, Exhibit A.) Defendants ...

Excerpt: ...e. 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 30 October 2023. Please specify the issue to contested when calling the Court and Counsel. mtnoOooom Order on Motion of Defendant Doe 1 to Compel Plaintiff to Identify Doe Defendants. The complaint in this matter was filed on 09 November 2022. Plaintiff contends that in 1974 when he was a minor child and a member and ...

Excerpt: ...ardi Constructon Company ("Lusardi"), and Simmons Glass and Window, Inc. ("Simmons"). (ld. at 1, 11-14.) Plaintiff alleges the shower door in her hotel nnm shattered and onto her, causing severe bodily injuries and other damages. (ld. at '11.) According to Plaintiff, defendants are responsible for her injuries, including by failing to comply with safety standards and exercise ordinary care with respect to the shower door that caused her injuries....

Excerpt: ...ackground This is an eminent domain action. Plaintiff seeks to acquire a subsurface subway easement beneath a 6,723 square foot area of Defendants' real property ("Subject Property") for SCVTA's BART Silicon Valley Extension (BSV) Program ("Project"). The Project will extend BART service from Fremont through Milpitas, San Jose, and into Santa Clara. After completion of various studies and environmental impact reports, SCVTA notified the Defendant...

Excerpt: ... to COVID-19 would exacerbate his disability. (Complaint, 13.) His request was denied without explanation, and he was denied time off under the Family Medical Leave Act ("FMLA") and paid administrative leave because his doctor's note did not have all the necessary information. (Complaint, 14-15.) Although he provided the required documentation, the County changed its policy regarding paid administrative leave in April 2020. (Complaint, 16.) The C...

Excerpt: ...age statements, and committed other wage and hour violations. Before the Court is Plaintiffs' motion for final approval of settlement and motion for attorney fees and costs, both of which are unopposed. As discussed below, the Court GRANTS both motions. VII. BACKGROUND Plaintiff began employment as a non-exempt employee with Defendant in 2013 and it appears that he remains employed by Defendant. According to Plaintiff, he was not paid for all hou...

Excerpt: ...e the Court is Plaintiffs' motion for final approval of a settlement and motion for attorney fees, both of which are unopposed. As discussed below, the Court GRANTS the motions. l. BACKGROUND Mr. Aguilar began employment with Defendant in August 2020 and Ms. Cazares began employment with Defendant November 2020. (First Amended Class Action Complaint ("FAC'), 3.) They were both employed by Defendant until March 2021 as non-exempt employees. (Ibid....

Excerpt: ...miums, and failed to provide code-complaint wage statements, among other Labor Cuie violations. Now before the Court is Plaintiff's motion for preliminary approval of a settlement, which is As discussed below, the Court GRANTS Plaintiffs' motion. XIII. BACKGROUND On January 24, 2022, Ms. Martnez and Ms. Orellano filed a PAGA Complaint against Defendant in this Court in the action captioned Martinez, et al. v. Pacific Catch, lnc„ Case No. 22CV39...

Excerpt: ...ejudice. Plaintiff's request for monetary sanctions is GRANTED IN PART. XXI. BACKGROUND According to the allegations of the operative First Amended Complaint ("FAC"), Ms. Joven was employed by Defendant as an hourly paid, non-exempt custodian from approximately April 2004 to August 2020. (FAC, 4.) She alleges that Defendant failed to pay all minimum and overtime wages, failed to provide employees with all rest and meal periods that they were enti...

Excerpt: ...parent amount of $58,237.41. Attached to the complaint as Exhibit A is a copy of a December 14, 2020 offer of employment letter from LoanDepot to Chen, signed by Chen (only). Paragraph 8 of the letter states: Agreements and Policies. This offer is contingent upon all agreements being acknowledged and agreed upon via the companvs HRIS tool, Workday, prior to your first day of employment. Agreements could include: Arbitration Agreement, Employee Co...

Excerpt: ...ome located at 70 West Fifth Street in Morgan Hill, California. (See Complaint at GN-I.) On January 10, 2017, while this was in effect, a tree owned by defendant Chan, fell and landed on the house causing damage to the Insured's home. (ld. at GN-I, Prem. L-1.) Thereafter, Allstate, pursuant to the terms and conditions of the policy, paid certain claim payments for the aforementioned loss to the Insured's home. (Ibid.) Allstate alleges defendant C...

Excerpt: ...for legal services between Ari Law and that client. (Complaint, 10.) Defendants' defamatory statements included statements about the quality of Ari Law's legal work and billing practices, which allegedly caused the former client not to pay Ari Law for services rendered. (ld. at '1 11.) On June 13, 2023, Affeld and David W. Affeld, APC filed a special moton to strike the complaint under Code of Civil Procedure section 425.16, also known as an "ant...

Excerpt: ...ther to Willow Bonner. Mr. Bonner had just turned 55 when he fell from his chair while doing physical therapy at home, landed on his right arm, and dislocated his shoulder. Five days later, on October 31, 2018, Mr. Bonner presented to Regional Medical Center of San Jose emergency department. The plan was to admit Mr. Bonner and attempt closed reduction under conscious sedation and, if necessary, open reduction under general anesthesia. (Defendant...

Excerpt: ...t, 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 11 October 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motion of Plaintiffs to Reconsider This Court's Order of 04 May 2021 Granting the Motion of Defendant Ford Motor Company to Compel Arbitration and Stay Proceedings. l. Statement of Facts. Plaint...

Excerpt: ...irst. 1. Requests for Admissions / Form Interrogatory No. 17.1 C.N.'s requests for admissions focus on whether Stewart was a mandated reporter from 2CM to 2004 (Nos. 1-4) and whether Stewart contacted law enforcement or child protective services regarding "John Zoe," C.N.'s abuser (No. 5). This information is discoverable and is not shielded from disclosure by the Fifth Amendment privilege against self-incrimination, as the court finds that there...

Excerpt: ...ive rulings. l. Background This achon arises out of a data breach. Plaintiff is an insurance company that issued a series of insurance policies to corporate insureds for coverage against cyber-related insurance risks. (Amended Complaint ("AC"), '1 2.) Defendant is a technology and software company that provides software for secure electronic file sharing and services to customers. (ld., '1 5.) Defendant developed and sold licenses for a software ...

Excerpt: ...tiffs Delia and Isaias Ruvalcaba and Næ and Elizabeth Perez purchased the Subject Property for by paying the Ortegas $200mo in cash and borrowing from the Ortegas on a seller carryback note secured by a deed of trust that was recorded against the Subject Property. (Complaint, 18.) Plaintiff alleges the Ortegas failed to disclose an easement that permits Defendant Recology Pacheco Pass to install drainage, pumps, tanks, and similar systems on the...

Excerpt: ...ues that the inclusion of AAA renders the arbitration provision unconscionable, because AAA does not guarantee him the right to conduct discovery. The court finds Robertson's position to devoid of merit and GRANTS the motion to compel. The party challenging a contractual arbitration provision bears the burden of proving that it is both procedurally and substantively unconscionable. (OTO, LL.C. v. Kho (2019) 8 Cal.5th 111, 126.) This may be done o...

Excerpt: ...nd a Virginia corporation) by DLSE to enforce judgments for unpaid wages obta-ned by former CMS employees. This case was consolidated with Case No. 20CV269589, a lawsuit originally filed in Placer County and later transferred to this county, on July 7, 2020. The original complaint in this action was filed on June 13, 2019. A First Amended Complaint ("FAC") was filed on December 6, 2019. A Second Amended Complaint ("SAC") was filed on July 7, 2020...

Excerpt: ...Complaint, Velocity alleges that the charge-off creditor was LendingClub Corporation, Veluity complied with Civil Code section 1788.52, and the document titled "Truth in Lending Disclosure" attached to the Complaint satisfies Civil Code section 1788.52, subdivision (b). (Ibid.) The Complaint sets forth common counts for: (1) Open Book Account; and (2) Money Lent. On February 19, 2019, Canul filed a putative class acton Cross-complaint against Vel...

Excerpt: ...ubscription plans for LinkedIn-branded products and services that are available exclusively to consumers who enroll in Defendant's auto-renewal programs through its website. According to the allegations of the operative First Amended Complaint ("FAC"), filed on June 30, 2022, Defendant enrolls consumers in programs that automatically renew from month-to-month or year-to-year and result in monthly or annual charges to the consumer's credit card, d...

Excerpt: ...on January 17, 2023, sets forth the following causes of acton: (1) Failure to Pay All Minimum Wages; (2) Failure to Pay All Overtime Wages; (3) Failure to Provide Rest Periods and Pay Missed Rest Period Premiums; (4) Failure to Provide Meal Periods and Pay Missed Meal Period Premiums; (5) Failure to Maintain Accurate Employment Records; (6) Failure to Pay Wages Timely During Employment; (7) Failure to Pay All Wages Earned and unpaid at Separation...

Excerpt: ..."von Kaenel"); (3) defendant Alexa Andrea Ingram-Cauchi (erroneously sued as Alexa Andrea Ingram-Cuachi) as Trustee of the Old Santa Cruz Revocable Trust dated January 13, 2015 ("Ingram-Cauchi"); and (4) defendant Anthony Dariano ("Dariano"). Plaintiffs filed their initial complaint on May 24, 2017 to quiet title and prevent interference with an easement that runs from their property through land that they sold. Plaintiffs filed a second amended ...

Excerpt: ...ties share one child together, born in 2017. (Ibid.) During their relationship, the parties acquired multiple properties together, including their shared home in San Jose ("the Property"). (See FAC, 8-12.) The parties agreed that for each of the properties, Plaintiff would contribute the down payment, to be paid back upon sale of the properties. (ld. at 13.) Some of these properties have been sold, but Plaintiff was not paid his down payment. (ld...

Excerpt: ...it. OTO opposes, arguing that the new pleading is tantamount to filing a new lawsuit, because it presents six new causes of action, a drastic change in this nearly two-year-old case. OTO also argues that the addition of the proposed sixth cause of action for intentional and/or negligent infliction of emotional distress would be futile, because it is time-barred and fails to state sufficient facts to constitute a cause of action. Having closely co...

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 23 October 2023. Please specify the issue to be contested when calling the Court and Counsel. —oooOtno— Order On Defendant Western National Contractors Motion For Summary Judgment. l. Statement of Facts. On 29 October 2018, while performing electrical repairs at private property located at 3320 Montgomery Drive...

Excerpt: ...Jose known as "Downtown West." (See FAC, "11-2, 42-47.) Defendants Peter Gill Case2 , Matthew Owen Case3 , Warren Titus Weber, Ots Klingbeil, Laurance Rockefeller4 , Barbara Byron, Barbara Robin Tomasi, Theodore David Tomasi, Anne Marie Tomasi, Louisa Robins Hendrix, Leslie Kipp Hendrix, James Davis Robins, David Fuller Learnard, Fric Jan Spruyt, Alan 8. Spruyt, Emily Lee5 , Ava Learnard, Otto Learnard, Louise R. 03rd, Peter Adams6 , Christopher ...

Excerpt: ...y opposing the tentatve ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 23 October 2023. Please specify the issue to be contested when calling the Court and Counsel. mtnoOooom Order on Motion of Defendants to Strike Plaintiff's Experts, to Compel Plaintiff to Provide Defendant Current Medical Records, to Preclude Plaintiff's Experts from Conducting Additional Work, and for Monetary Sanctions. Counsel...

Excerpt: ...n of Bailey Avenue and Santa Teresa Boulevard in San Jose, when the bicycle lane ended and forced him to merge into the vehicle lane. (Complaint, 11.) The lane he merged into was downhill, covered in potholes, uneven roading, and debris which caused him to crash and sustain serious bodily injuries and other damages. (Ibid.) Plaintiff initiated this achon on February 26, 2021, asserting: (1) violation of Government Code secton 815.2; (2) violation...

Excerpt: ...ery responses from Plaintiff. Plaintiff opposes the motion. Discovery Motons Meet and Confer Efforts A moton to compel further discovery responses must be accompanied by a meet and confer declaration pursuant to Code of Civil Prmædure section 2016.040. Civ. Prtw, S 2033.290, subd. (b) [requests for admission]; Ctxle Civ. Proc., S 2030.300, (b)(l) [interrogatories].) Section 2016.040 requires a moving party to make a "reasonable and good faith at...

Excerpt: ...osing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 23 October 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motion of Defendant To Compel Plaintiff to Submit To a Second Medical Examination. l. Statement of Facts. The facts of this Jesus Christ interesting matter are well known to this Court. II. Motion To Compel Second Examin...

Excerpt: ...tentative ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 23 October 2023. Please specify the issue to contested when calling the Court and Counsel. Order On Motion of Defendant to Vacate Judgment. A. Statement of Facts. This action was filed on 31 December 2012 for collection of amounts owed under a credit card account issued by Citibank, N.A. Defendant filed this motion on 19 July 2023 to vacate a ...

Excerpt: ... the Managing Director of Investments at the David and Lucile Packard Foundation, and Robert F. Wallace, who is the Chief Executive Officer of the Stanford Management Company. Wallace and the Board of Trustees of the Leland Stanford Junior University have filed a joinder in Defendants' motion to quash the subpoena to Wallace. Because the court finds that plaintiff John l. Malik has failed to show either: (1) that the requested discovery is releva...

Excerpt: ...rray ("Murray"), Ronald Wayne Murphy, and Kenneth Steven Carpenter (collectively, "Individual Perpetrator Defendants") for allegations of childhood sexual abuse. In 1974, Individual Perpetrator Defendants were indicted for operating a child sex and photography ring involving hundreds of young boys. (TAC, '1 2.) The four men were indicted, convicted, and sent to prison, charged with numerous crimes involving children. (Ibid.) In or around 1972-197...

Excerpt: ... Plaintiff initiated this action in June 2021, asserting eight causes of action against Defendant. On March 27, 2023, Defendant's counsel e-mailed a letter to Plaintiff's counsel containing the general terms of a settlement offer. On April 3, which was the offer's expiration date, Plaintiff's counsel emailed opposing counsel to request a one-week extension. Later that day, Plaintiff's counsel again emailed Defendant's counsel, requesting that she...

Excerpt: ...692p ("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 renewed motion for class certification, which crossDefendant opposes. As discussed below, the court GRANTS THE MOTION IN PART l. BACKGROUND CCS filed this action on December 31, 2019, asserting a single claim for breach of contract arising from Ms. Guzman's alleged failure to fu...

Excerpt: ... Defendant on May 1, 2019 for violation of Labor Code section 225 (Case No. 19CV347173). On December 12, 2019, Plaintiff Tawnya Coogan filed a class acton complaint against Defendant for various wage and hour violations, as well as a representative action under PAGA (Case No. 19CV36CMO). On March 30, 2020, Plaintiff Joseph Ferlatte filed a class action complaint against Defendant for various Ctxle violations and subsequently filed an amended comp...

Excerpt: ...rmaster's (State Water Board) motion for reconsideration the Court May 10, 2023 Order Implementing Court of Appeal's 11/16/22 Remittitur ("Order Implementing Remittitur"), which is opposed. As discussed below, the Court DENIES the moton for reconsideration. l. BACKGROUND The factual and procedural background of this matter is summarized in more detail in the Court's statement of decision, filed on April 4, 2018. Before the Court was two issues: (...

Excerpt: ...022. Plaintiff filed the operative pleading, the first amended complaint ("FAC") on May 15, 2023. The FAC alleges Plaintiff and the City of Milpitas signed a Residential Purchase Agreement and Joint Escrow Instructions ("2013 Contract") on October 18, 2013, formalizing the sale of the Condo to Plaintiff. (FAC, '1 12.) On January 15, 2018, Plaintiff opened escrowto record and close the 2013 Contract. (ld. at '1 11.) On March 1, 2018, City, Wong, a...

Excerpt: ...yed the court's prior order and have not provided necessary discovery, the City has not shown that a terminating sanction is the appropriate remedy here, given its failure to seek issue sanctons and failure to seek an order deeming admitted its requests for admissions. 1. Recent Procedural History The City filed this motion on January 18, 2023, with an original hearing date of May 9, 2023. At a case management conference on April 11, 2023, after ...

Excerpt: ...reement' (3) who drafted Plaintiff's Agreement; or (4) information regarding the drafting history of the Agreement. Motion, pp5-7. Defendant opposes the motion arguing that Defendant has no knowledge regarding the facts alleged in the complaint, such that it would be a waste of time and money to depose him. Defendant also claims that, regardless of whether Mr. Hartigan is an "apex CEO," it is entitled to a protective order to protect it from unwa...

Excerpt: ...se. 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 11 October 2023. Please specify the issue to be contested when calling the Court and Counsel. Order on Motion of Plaintiffs to Reconsider This Court's Order of 04 May 2021 Granting the Motion of Defendant Ford Motor Company to Com#l Arbitration and Stay Prueedings. l. Statement of Facts. Plaintiffs filed this complai...

Excerpt: ...fendant regarding a 2021 Chevrolet Silverado ("Vehicle"), he delivered the Vehicle to GVVs authorized service and repair facilities, at least on 4 separate occasions, and that Defendant failed to repair, adjust, and/or replace any necessary parts to conform the subject vehicle to fts applicable warranty (FAC 5, 22-25.) Despite lengthy days spent on repairs and Defendant's representations, Plaintiff continued to experience various transmission pro...

Excerpt: ...e exercise of this discretion must be sound and reasonable and not arbitrary or capricious. (Richter v. Adams, 43 Cal.App.2d 184, 187; Eckert v. Graham, 131 Cal.App. 718, 721.) '[It] is a rare case in which 'a court will be justified in refusing a party leave to amend his pleadings so that he may properly present his case.' (Guidery v. Green, 95 Cal. 530, 533; Marrv. Rhodes, 131 Cal. 267, 270.) If the motion to amend is timely made and the granti...

Excerpt: ...r for at a pay rate of $20 per hour and was then hired to provide Ms. Tapay 24 hour in home care after Ms. Tapay suffered a fall. (Complaint, Ms. Tapay agreed to pay Plaintiff $3500 per month for providing full support and assistance with all activities of daily living. (Complaint, 96-7.) Plaintiff worked for Ms. Tapay in this way from October 1, 2019 until October 31, 2021 with only very limited time off. Plaintiff alleges she was not paid overt...

Excerpt: ...o compel arbitration. l. BACKGROUND According to the allegations of the operative First Amended Complaint ("FAC"), Stanford offers banking customers a checking account which features the use of a debit card. (FAC, '1 14.) In connection with the processing of debit transactions, Stanford charges what it calls "Insufficient Funds Fee ACH Debit (Returned), "Insufficient Funds Fee CK," "Insufficient Funds Fee ACH Debit (Paid)" and "Premium Overdraft ...

Excerpt: ...forth causes of action for: (1) Violation of 15 U.S.C. SS (FCRA); and (2) Violation of 15 U.S.C. SS and 1681g(c) (FCRA). On November 18, 2020, the court issued its Order Deeming Case Complex and Staying Discovery and Responsive Pleading Deadline, which stayed all discovery in this case. On June 4, 2021, Plaintiff filed the operative First Amended Complaint ("FAC"), which sets forth causes of action for: (1) Violation of 15 U.S.C. SS (FCRA); and (...

Excerpt: ... (1) Failure to Provide Meal Peritxls (Lab. Code SS 204, 223, 226.7, 512 and 1198); (2) Failure to Provide Rest Periods (Lab. Code SS 204, 223, 226.7 and 1198); (3) Failure to Provide Hourly and Overtime Wages (Lab. Code SS 223, 510, 1194, 1194.2, 1197, 1997.1 and 1198); (4) Failure to Indemnify (Lab. code S 2802); (5) Failure to Provide Accurate Written Wage Statements (Lab. Ctxle S 226(a)); (6) Failure to Timely Pay All Final Wages (Lab. Code S...

Excerpt: ...forth the following causes of action: (1) Failure to Pay Minimum and Straight Time Wages [Cal. Lab. Cade SS 204, 1194, 1194.2, and 1197]; (2) Failure to Pay Overtime Compensation [Cal. Lab. Code SS 1194 and 1198]; (3) Failure to Provide Meal Periods [Cal. Lab. Code SS 226.7, 512]; (4) Failure to Authorize and Permit Rest Breaks [Cal. Lab. Code SS 226.7]; (5) Failure to Indemnify Necessary Business Expenses [Cal. Lab. Code S 28021; (5) Failure to ...

Excerpt: ...us wage and hour violations. The Complaint, filed on August 1, 2019, sets forth claims for: (1) Violation of California Labor Code SS 510 and 1198 (unpaid overtime); (2) Violation of California Labor Code SS 226.7 and 512(a) (failure to provide meal periods); (3) Violation of California Labor Code S 226.7 (failure to provide rest periods); (4) Violation of California Labor Code SS 1194, 1197 and 1197.1 (unpaid minimum wages); (5) Violation of Cal...

Excerpt: ...on, and that the amounts he seeks are excessive. Having reviewed the parties' submissions, as well as prior orders of the court in this case (of which the court takes judicial notice under Evidence Ctxle section 452, subdivision (d)), the court GRANTS the motion in part and DENIES it in part. 2 The court awards attorney's fees in the amount of $56,702.00, as well as costs in the amount of $3,932.76, for a total of $ü634.76. 1. Timeliness GM argu...

Excerpt: ...y SoundHound from November 29, 2011 to August 30, 2019. (TAC, '1 12.) SoundHound is a digital voice application company that enables humans to speak naturally to their smartphones and other devices. (TAC, 13.) Wilson was initially hired as a Principal Engineer and later he was promoted to Architect. (TAC, 14.) He created a significant amount of SoundHound's intellectual property, and he was an integral employee. (TAC, '114.) Over the course of hi...

Excerpt: ... Gatos High School ("Los Gatos"). (FAC, '121.) On February 9, 2022, Los Gatos hosted a boys' varsity soccer game. (FAC, 22.) Rokini attend the extra-curricular activity. (Ibid.) Once the game ended, Rokini promptly attempted to leave the school facilities. (FAC, '1 23.) Near the school parking lot, Rokini and his friend were confronted by a group from behind the bleachers. (FAC, '1 24.) The group of students, comprised largely of male varsity ath...

Excerpt: ... and coach who was and is employed by the Campbell Union School District ("CUHSD") and the Foothill-De Anza Community College School District ("FHDA"). (FAC, '1 8.) In early December 2021, Plaintiff began interviewing for promotion to a full-time tenured coach with FHDA and was told that he would likely be accepted for the position. Plaintiff had worked at FHDA for 14 years (6 years as the part-time head football coach). (FAC, 9.) Prior to Defend...

Excerpt: ...earden ("Ms. Bearden") "loudly proclaimed" that Plaintiff had sex with Defendant, which embarrassed them both. (ld. at '1 6.) Plaintiff immediately stated that the claims were not true. (Ibid.) Defendant, a manager at Yoga Source, told Plaintiff she spoke with Ms. Bearden about the unprofessional behavior. (Ibid.) Defendant denied ever suggesting anything that would lead Ms. Bearden to "conclude any facts that would substantiate defamatory statem...

Excerpt: ...IE On May 30, 2023, Plaintiff filed four motions to compel further discovery responses from H. Sarji, R. Sarji, and Entity Defendant. Defendants opposed the motons. II. Preliminary Matters a. Motions to Compel Against Individual Defendants On October 11, 2023, Plaintiff withdrew its motions to compel further responses to requests for document production against individual defendants H. Sarji and R. Sarji. Accordingly, the Court will not address t...

Excerpt: ...ction with that purchase they received various warranties from Ford Motor Company ("FMC"). (Complaint, "9-10.) Plaintiffs further allege that the Vehicle experienced transmission and engine defects during the warranty period. (Complaint, 911.) Plaintiffs filed this lawsuit on February 22, 2021 alleging (1) Violation of Civil Code Section 1793.2(D) (against FMC); (2) Violation of Civil Code Section 1793.2(B) (against FMC); Violation of Civil Code ...

Excerpt: ...otes that notice dæs not ap#ar to be proper for the motion for reconsideration. Although there is a prtnf of service dated July 20, 2023 in the file, indicating service of the "motion to reconsider" on Berman by Pomogaibo's husband, Sergey Firsov, there is no amended notice of the October 17, 2023 hearing, as required by the court's læal rule. As a result, the court has no way of knowing whether Berman received notice of the hearing date. In ad...

Excerpt: ...laint, '1 7.) The operating agreement states that the parties are members and managers of FJP and owe a fiduciary duty to one another. (See complaint, 11'18-10.) On December 29, 2017, Pastore formed NP, LC of which Pastore was the sole member. (See complaint, 11-13.) On January 1, 2018, FJP, as landlord, entered into a commercial lease with NP as the tenant for a term of five years from January 1, 2018 to December 31, 2022. (See complaint, '1 14....

Excerpt: ...tin object's to Plaintiff's undertaking. Justin also moves to join in Defendant's moton to quash and evidentiary objections. Request for Judicial Notice Defendant requests judicial notice of the Second Amended Complaint (A), the docket in this case (B), the proof of service for the Application for Renewal of Judgment (C), the Notice of Levy (D), the Memorandum of Garnishee (E), and the Plaintiff's Undertaking (F). The request is granted as to Exh...

Excerpt: ...posing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 16 October 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Motions of Defendant to 1. Strike All Allegations in Case Number 20PR187701 (Code of Civil Procedure, S 425.16) and For an Order Compelling Plaintiff to Pay Attorney's Fees; 2. Demurrer to Plaintiff's Complaint. l. Statement of ...

Excerpt: ...As alleged in the operative complaint,l Defendants own and operate a media-sharing platform, YouTube, which contains videos created by individuals and entities that have registered with YouTube and uploaded their videos to a "channel." (Complaint, '1 1.) YouTube is accessible as a website at youtube.com (the "YT Website"), or on a mobile application or application on a set-top streaming device (the "YT Apps") (together with the YT Website, the "Y...

Excerpt: ... property is located at 1305 Buckthorne Way in San Jose (the "Property"). (Cross-complaint, '1 4.) In March 2022, Cross-complainants discovered the Property was in tax default status and was about to be auctioned off ata real property sale. (Ibid.) Cross-complainants paid the latest year's real property taxes, which stopped the pending tax sale. (Ibid.) After investigation, they determined the Property was abandoned. (Cross Complainant, '15.) In ...

Excerpt: ...rty and removed two matured birch trees without Plaintiff's knowledge and consent. On the following day, when Plaintiff arrived home, he received a note from Defendants acknowledging that their employees had removed the two birch trees. On April 10, 2023, Plaintiff filed this complaint against Defendants alleging: (1) trespass, (2) treble damages for wrongful cutting or removal of timber pursuant to Civil Code section 3345(A) and Code of Civil Pr...

Excerpt: ...the parties' submissions, including the proposed protective order and protocol, and now rules on the disputed provisions as follows: • Paragraph 3: The proposed amendment to this paragraph of the protective order creates an "outside counsel only" tier of protection for the most highly confidential information. As a general matter, the court has no problem with the creation of an "attorneys' eyes only"- level tier in the protective order, as suc...

Excerpt: ...is action arises out of the alleged use of decedent Ivan Pesies ("Pesic") genetic material by Joyce Chin ("Chin") to conceive two children through the fertility performed by the Zouves Defendants. In February 2011, Pesic and Chin signed the Informed Consent and Agreement for Longterm Cryopreservation and Storage of Semen (the "Agreement") with the Zouves Defendants governing the storage and use of Pesic's sperm. The Agreement provided an initial ...

Excerpt: ... to show the profits that they earned— either directly or through trusts that they own—from the "AC Master Franchise," and that this information is needed in order for him to calculate and prove damages in this case. Plaintiff notes that Judge Kirwan's order specifically found that "the profits earned by Defendants (and/or entities they own and control) from the AC Master Franchise" are "directly relevant to Plaintiff's damages claims." (Sept...

Excerpt: ... corporation) to enforce judgments for unpaid wages obtained by former CMS employees. The Virginia entity is hereinafter referred to as "PEW Based on the operative third amended complaint ("TAC"), DLSE brought a motion for summary judgment or summary adjudication, which was heard on July 6, 2023. In a formal order issued that same day, the court denied summary judgment but granted summary adjudication to DLSE as to the first and fourth causes of ...

Excerpt: ...e is no arbitration agreement between Kia and Plaintiff, thus there is no arbitration agreement to enforce." The Parties appeared for argument, and Kia argued the Court did not have jurisdiction to sua sponte reconsider Judge Rudy's prior order sending the matter to arbitration. The Court granted Kia's request to brief and argue the issue. Having reviewed the Parties' supplemental briefing, the Court now issues a revised tentative ruling. l. Back...

Excerpt: ...se. 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 11 October 2023. Please specify the issue to be contested when calling the Court and Counsel. Order on Motion of Plaintiffs to Reconsider This Court's Order of 04 May 2021 Granting the Motion of Defendant Ford Motor Company to Com#l Arbitration and Stay Prueedings. l. Statement of Facts. Plaintiffs filed this complai...

Excerpt: ...cerning these payments, while in the Third Amended Cross-complaint ("TAXC"), Cross-complainants seek damages and other relief against Silvaco and Kathy and Iliya Pesic ("the Pesics"), based on various contractual breach and business tort theories. Before the Court is Defendants/cross-complainants Ole Christian Andersen, Jens Michelsen, and JPT8 Family Holding ApS's ("JPTB") (collectively, "Cross- Complainants") motion to compel Silvaco and Ms. Pe...

Excerpt: ... ("Defendant") in an amount exceed-ng between September 2017 and September 2018. (Second Amended Complaint ("SAC"), 4-15.) The products included the Fortinet FortiGate models FG-201E, FG-5WE, FG- FG-1500D, FG-32wD, and FG-3960E; Fortinet FortiSwitch models FSW-248D, FSW-248D-FPOE, FSW- 248E-FPOE, FSW-448D, FSW-448D-FPOE, and FSW-1024D; and network management software including FortiManager, FortiAnalyzer, and FortiAuthentcator. (SAC, 15.) Plainti...

Excerpt: ... Schultz Industrial Services, Inc., and Schultz Mechanical Contractors, Inc. (collectively, Defendants) on January 21 2020, sets forth a single cause of acton for Violation of 15 U.S.C. SS1681b(b)(2)(A) (FCRA). On May 3, 2023, the court granted preliminary approval of the settlement, subject to approval of the modified class notice. Plaintiff now moves for final approval of the settlement, attorney's fees, costs and expenses, and enhancement paym...

Excerpt: ...ent LLC ("La Encina"), a California development company. La Encina hired Group One to construct five homes in San Jose but the contract was terminated prior to the completion of the project. Group One initiated this action filing a complaint for breach of contract and to foreclose a mechanics lien in the amount of approximately $985,000. Thereafter, La Encina filed a cross-complaint raising claims for (1) breach of contract, (2) declaratory relie...

Excerpt: ...m the Kyles on August 1, 2016. The business was purchased in part with a personal loan guaranteed by the RSL's managing member, Howard Misle. Following the sale, Recycling Specialists, LLC remained in debt to the Kyles in the amount of approximately $1.3 million. In early 2016, J&Y became aware that the Kyles were selling Recycling Specialists, Inc. and it received a copy of the written purchase and sale agreement around July of 2016. (Decl. of D...

Excerpt: ...(ld.) Plaintiff filed a claim with the Labor Commissioner on July 1, 2020; however, this claim was dismissed by the Labor Commissioner on June 30, 2021. (See complaint, 10.) Plaintiff filed a second claim with the Labor Commissioner on March 10, 2022, but this claim was closed after the Labor Commissioner declined jurisdiction on February 7, 2023. (ld.) On March 16, 2023, Plaintiff filed a complaint against Defendants, asserting causes of action ...

Excerpt: ...1 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 09 October 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Orders on: (1) Demurrer and Motion to Strike to the Second Amended Cross-complaint by Cross-Defendant Arrow Pacific Insurance Services; and (2) Demurrer to the Second Amended Cross-com...

Excerpt: ... does not dispute the costs amount, but it challenges the fees amount as excessive, particularly given that this case was filed as a limited civil action, and Xia's eventual monetary recovery was only $223.00. Defendant also questions whether Xia should be considered the prevailing party at all. Having reviewed the parties' submissions, as well as Judge Rosen's statement of decision, the court GRANTS Xia's motion in large part and DENIES it in sm...

Excerpt: ...good faith settlement determination pursuant to Code of Civil Procedure 5877.6. The City of Santa Clara ("City"), who was a codefendant but has been granted summary judgment, opposes the motion on the basis that the settlement relies on inadmissible evidence, ignores the applicable insurance policy limits, and is not in the ballpark for what the case is worth. EVIDENTIARY OBJECTIONS City objects to paragraphs 2-11, 26, and 31 of the declaration o...

Excerpt: ...19. It states four causes of action: (1) Breach of Contract (the insurance policy, alleged against State Farm only); (2) Breach of the Implied Covenant of Good Faith and Fair Dealing (insurance bad faith, alleged against State Farm only); (3) Negligence (against all defendants); and (4) Unfair Business Practices (against all defendants). While the specific policy for the subject pro#rty is mentioned in the complaint, there are no attached exhibit...

Excerpt: ...tay and for related sanctions, contending Compass waived the right to arbitration by falling to timely pay its share of the arbitration fee. (Plaintiff's memorandum of points and authorities, pp. 1, 4.) On September 7, 2023, Compass filed the second motion now the court, a motion to compel arbitration, contending it did not knowingly waive the right to arbitration because the attorney of record did not receive timely notce for the payment of the ...

Excerpt: ...seudonym from the complaint, arguing that Plaintiff failed to allege facts demonstrating that she was permitted the use of a pseudonym given the presumption that judicial prueedings in civil cases are to be open. After SSH filed the motion, counsel for Plaintiff emailed counsel for Defendants, indicating that he found an additional case supporting the use of a pseudonym and that he that Defendants knew the identity of Plaintiff because "[ilf the ...

Excerpt: ...9, Plaintiff David Feldman filed this lawsuit against his former attorney Robert Machado alleging (1) deceit and intentional fraud, (2) promissory fraud, (3) concealment fraud, (4) constructive fraud, and (5) elder financial abuse. Feldman filed a first amended complaint on November 12, 2019 asserting the same five claims and seeking 33,123,340M in actual damages, pun-tive damages, and treble damages. By stipulation of the parties, Feldman added ...

Excerpt: ...e May 23 hearing, the court noted that Wormley's counsel's declaration in support of the moton to vacate (Declaration of Patrick Khalil) was inadequate, because it did not provide enough information about an alleged calendaring error that led to his multiple failures to appear, and was also not delivered under oath, as required by Code of Civil Procedure section 473, subdivision (b). Nevertheless, the court also stated that it would grant the mot...

Excerpt: ...ecton 1281.2, until resolution of the plaintiffs' claims against SFM and Sterling DAF. 1. Background According to the plaintiffs, "[t]his case is about a defective estate planning vehicle ... that was supposedly designed to allow plaintiff Joseph Wong ... to transfer assets into a charitable donor's fund which he could manage for growth and utilize in advertised beneficial ways while getting a tax deduction." (Opposition to Sterling Foundation Ma...

Excerpt: ...these alleged violations, the Complaint includes causes of action for: (1) failure to pay minimum wage for all hours worked; (2) failure to pay overtme wages; (3) failure to provide meal periods; (4) failure to permit rest breaks; (5) failure to reimburse business expenses; (6) failure to timely pay wages during employment; (7) failure to provide accurate, itemized wage statements; (8) failure to pay all wages due upon separation of employment; (...

Excerpt: ...s, arguing that venue is proper in either Santa Clara County or Tulare County. The court finds this motion to be somewhat vexing, because neither side appears to have presented a full picture of the relevant circumstances that would allow the court to make a knowledgeable decision on the question presented. The court believes that key pieces of information are missing. Because the burden of proof is ultimately on the moving party, the court finds...

Excerpt: ... was a passenger in an aircraft that crashed, killing her and the other passengers aboard. On February 25, 2019, plaintiff Richard Pierce, individually and as successor-in-interest to the Estate of Stacey Pierce, and Brandon Pierce ("Plaintiff") filed a complaint against multiple defendants. Around November 2020, Plaintiff learned that Larry Fistolera may be liable for the plane crash, as he had inspected and serviced the plane. Mr. Fistolera pas...

Excerpt: ...'s motion to stay this achon pending resolution of the following related cases: (1) Ramon Ponce, et al. v. Cortec Precision Sheet Metal, Inc., Santa Clara County Superior Court, Case No. 21CV378025 (the "Ponce Action"); and (2) Maria Sanchez v. Cortec Precision Sheet Metal, Inc., Santa Clara County Superior Court, Case No. 21CV380908 (the "Sanchez Action"). Based on the reasons discussed below, the Court GRANTS Cortec's motion. IV.BACKGROUND Plai...

Excerpt: ...round August 19, 2022, Defendants terminated Plaintiff. (Ibid.) The parties had an oral agreement with Prada whereby Defendants agreed to pay Plaintiff $1,000 per month to cook dinner for Shifter and sleep at her home. (Complaint, 15.) Prada communicated with Plaintiff multiple times through phone and text to discuss Plaintiff's employment responsibilities and to later end Plaintiff's employment. (Complaint, "1 16, 18, 19, 21, 23- 25.) However, P...

Excerpt: ...s where Plaintiff was not a party relating to flat pricing or off label use. Plaintiff lists numerous other short falls in the discovery on pages 6-7 of its motion, as well as prov-des evidence of Defendant's failure to look for relevant documents and information in fts reply. Plaintiff now seeks the discovery as well as monetary and issue sanctions for Defendant's willful behavior. Misuse of the discovery process includes "[dlisobeying a court o...

Excerpt: ...) on or about July 1, 2018 and obtained an express warranty. Plaintiff further alleges that during the warranty period, the Vehicle developed defects, including a defective transmission system and defective body system. Plaintiff brought this case against GM on January 20, 2023 asserting various warranty claims. Plaintiff now seeks an order compelling GM to produce documents relating to (1) GM's internal investigation and analysis of the Powertra...

Excerpt: ...ber 19, 2022 for breach of warranties. The complaint does not appear to have any more specific allegations for this Vehicle. Plaintiff now seeks to compel Kia to produce person(s) most knowledgeable for deposition and documents. Kia argues the topics are overbroad and Plaintiff failed to adequately meet and confer. II. Legal Standard Discovery is generally permitted "regarding any matter, not privileged, that is relevant to the subject matter inv...

Excerpt: ...laintiff Joseph Ruiz. For the reasons discussed below, the Court GRANTS Defendant's motion. VII. BACKGROUND A. Factual As alleged in the operative complaint, Defendant is a construction contractor who employed Plaintiff in May 2022 as a non-exempt employee with responsibilities for machine maintenance, mechanical repairs, drilling and handling hea\r,' machinery. (Complaint, 26.) Plaintiff alleges that Defendant failed to pay him and other non-exe...