Excerpt: ...rst 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 19 September 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Special Motion of Defendant Dennis Sanchez's Special Motion To Strike Pursuant To Code of Civil Procedure, § 425.16 to Strike The Second And Third Causes Of Action to t...

Excerpt: ... 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 17 October 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Orders on Motions of Plaintiff to: 1. to Compel Defendant to Provide Further Responses to Special Interrogatories, Set One, and for Monetary Sanctions; 2. to Compel Defendant to Provide Furth...

Excerpt: ...re as an attorney.” (Burnete v. La Casa Dana Apartments (2007) 148 Cal.App.4th 1262, 1267, internal citations omitted.) The original complaint in this action was filed on May 12, 2020. It stated claims for: 1) Breach of Contract, of a purported written settlement agreement attached to the Complaint as exhibit A (Complaint at ¶19); 2) Breach of Duty of Loyalty; 3) Breach of the Implied Covenant of Good Faith and Fair Dealing; 4) Bad Faith Denia...

Excerpt: ...dental practice co‐owned with defendants pursuant to a Facilities and Services Agreement (“FSA”). On October 19, 2017, the court denied plaintiffs' application for a preliminary injunction. On January 24, 2018, pursuant to written stipulation of the parties pursuant to the FSA, the matter was ordered to mediation and arbitration. Mediation was unsuccessful in resolving the action, and the matter proceeded to arbitration. On March 15, 2021, ...

Excerpt: ...sureds (the “Insureds”) for coverage against cyber‐ related insurance risks. (AC, ¶ 2.) Defendant is a technology and software company that provides software for secure electronic file sharing and services to customers. (Id., ¶ 5.) As relevant here, Defendant developed and sold licenses for a software called File Transfer Appliance (“FTA”), which it marketed as a secure method of transferring files. (Id., ¶ 7.) The software operated ...

Excerpt: ...n Campbell, California (“the Property”). (Complaint at ¶ 1.) Plaintiff is entitled to possession of a certain portion of the first floor of the Property, including, but not limited to offices otherwise designated as Rooms 106 and 107. (Id. at ¶ 2.) Plaintiff alleges defendant Ying Min Li aka Ying‐Min Li (“Li”) has attempted to occupy the Property unlawfully and is affiliated with entities named as defendants in this action. (Id. at ¶...

Excerpt: ...ation in violation of the FEHA; (2) Breach of an Implied Contract; (3) Breach of the Implied Covenant of Good Faith and Fair Dealing, and; (4) Slander/Defamation (violation of Civil Code §§43 and 46). The FAC alleges that Plaintiff worked for Defendant from December 2, 2019 until his termination on September 29, 2021. (See FAC at ¶¶21 and 4.) Included in exhibit B to the FAC is a copy of Plaintiff's employment offer letter and a copy of Defen...

Excerpt: ... 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 17 October 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Orders on: 1. Plaintiff's Demurrer To Defendant Himanshu Kansara's Answer And Affirmative Defenses; and 2. Cross‐Defendant Sanjay Badshah's Demurrer To Cross‐Complainant Himanshu Kansara's Cross‐...

Excerpt: ...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 17 October 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order On Demurrer Of Defendant Level Home, Inc. to Plaintiff's [First Amended]11 Complaint. I. Statement of Facts. In April 2020, plaintiff SmartRent Technologies, Inc. (“SmartRent”) contr...

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 17 October 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order On Motion of Defendants to Strike Portions Of Plaintiffs' Complaint. I. Statement of Facts. On 5 February 2021, at or near the residence of 283 Velvetlake Drive in Sunnyvale (“Property”)...

Excerpt: ...nd to Interrogatories “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 compe...

Excerpt: ...“Property”). (First Amended Complaint (“FAC”), ¶1.) On or about May 31, 2011, plaintiff Holt and defendant Subway Real Estate, LLC (“Subway”) entered into a written lease agreement (“Agreement”) for lease of the premises located at 375‐D Saratoga Avenue in San Jose (“Premises”), effective May 4, 2011. (FAC, ¶13.) The Premises, which comprise about 1,540 square feet, are located in Saratoga Plaza shopping center. (Id.) The ...

Excerpt: ...mplaint”), on July 12, 2012, a written promissory note was executed between Ajlouny and Eliovits reflecting a loan in the amount of $101,000. This loan was assigned by Ajlouny to plaintiff 2048 Partners, LLC (“2048 Partners”) on December 15, 2015. 2048 Partners filed the Complaint against Eliovits on December 20, 2019. 2. SACC According to the allegations of the SACC, on June 1, 2006, Eliovits entered into a written promissory note with Ajl...

Excerpt: ...nts served a statutory offer to compromise pursuant to Code of Civil Procedure section 998 (“998 offer”). On or about December 8, 2021, the 998 offer was accepted by plaintiff and the accepted offer is the settlement of the litigation. The settlement provides that FCS reimburse plaintiff for all sums paid toward the purchase of the vehicle and satisfying the lien holder of the vehicle. The settlement provides that attorney's fees incurred by ...

Excerpt: ...ss warranties. (Complaint at ¶7.) Plaintiffs further allege that the vehicle they purchased had a “1.6‐liter GDI engine” and that the vehicle developed problems with “the powertrain system, including the engine and/or transmission.” (Complaint at ¶¶8‐9.) The original and still operative Complaint filed on February 23, 2021 states six causes of action (none of which are listed on the Complaint's caption page): (1) Violation of Civ. ...

Excerpt: ...y located at 546 Bird Avenue, San Jose, California with Santa Clara County Assessor's Parcel Number 284‐18‐052 (“Property”). (Complaint, ¶¶ 2, 5; Exhibit A.) Closing date of escrow was anticipated to be 30 days after receipt of city approval to build on the vacant parcel. (Complaint, ¶ 7.) Pursuant to the VLPA, Trustee agreed that San Rafael would secure city approval to build on the vacant parcel before the close of escrow. (Complaint...

Excerpt: ...ion. I. BACKGROUND Mr. Brewer and Ms. Church provided certain information concerning their net worth in response to written discovery requests served by Plaintiff earlier in the case. Plaintiff's counsel declares that after reviewing this information and investigating its accuracy using government records and online information services, he believes that both Defendants significantly understated their net worth. Plaintiff reached out to Defendant...

Excerpt: ...ecision 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, the Court GRANTS Defendant's motion in part and DENIES it in part. I. BACKGROUND As alleged in the operative complaint,13 Defendant employed Plaintiff and other salaried on‐site employees as “retail sales supervisors, showroom leads, showroom managers,�...

Excerpt: ...s, and comitted other wage and hour violations. Before the Court is Defendants' motion to compel arbitration pursuant to 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, the Court GRANTS Defendants' motion in part and DENIES it in part. I. BACKGROUND As alleged in ...

Excerpt: ...tes 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, the Court GRANTS Defendant's motion in part and DENIES it in part. I. BACKGROUND As alleged in the operative complaint, Plaintiff worked for Defendant as an RN Case Manager from November 13, 2020 to June 28, 2021. (Second Amended ...

Excerpt: ...reme 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, the Court DENIES Defendants' motion. I. BACKGROUND As alleged in the operative First Amended Complaint (“FAC”), Defendants employed Plaintiff as a service worker at the Juniper Hotel Cupertino from August 2019 to February 2020. (FAC,...

Excerpt: ...on 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, the Court GRANTS Defendant's motion in part and DENIES it in part. I. BACKGROUND As alleged in the Complaint, Defendant Extra Space Management, Inc. is a Utah corporation doing business in California providing general contracting services. (Representative Action ...

Excerpt: ...so addressed a request by Defendant that the Court strike Plaintiff's PAGA claim as unmanageable: Finally, Northr[o]p Grumman urges that, for the same reasons it argues against certification, the Court should “exercise its inherent authority to strike [Plaintiff's] PAGA claims—which are significantly broader than the proposed class—due to a lack of manageability.” While the Court has the authority to strike unmanageable PAGA claims, it de...

Excerpt: ...ona, he is entitled to the same, but no greater, consideration than other litigants and attorneys. Further, the in propria persona litigant is held to the same restrictive rules of procedure as an attorney.” (Burnete v. La Casa Dana Apartments (2007) 148 Cal.App.4th 1262, 1267, internal citations omitted); see also Rappleyea v. Campbell (1994) 8 Cal.4th 975, 985 [“A doctrine generally requiring or permitting exceptional treatment of parties w...

Excerpt: ...intiff S3G Technology LLC (“S3G” or “Plaintiff”) is a company that provides custom mobile solutions to improve operational efficiencies and reduce costs, including in semi‐urban, rural and remote areas. (SAC, ¶ 1.) In 2007 S3G's principal and founder, Dr. Sandeep Chatterjee (“Dr. Chatterjee”), co‐founded defendant SourceTrace Systems, Inc. (“SourceTrace”) and served as its CTO through August 2021. (Id., ¶ 6.) As CTO, Dr. Cha...