Excerpt: ... 29, 2022, is the operative complaint. In asserting the common count claim, Plaintiff alleges that Defendants became indebted to Plaintiff within the last four years “because an account was stated in writing by and between [Plaintiff] and [Defendants] in which it was agreed that [Defendants] were indebted to [Plaintiff].” (FAC, ¶ CC‐1.) Accordingly, Defendant became indebted to Plaintiff in the amount of $406,116.58 “for goods, wares, an...

Excerpt: ...tment 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is an action arising out of various alleged wage and hour violations. The operative First Amended Class Action and PAGA Representative Action Complaint (“FAC”), filed on July 14, 2021, sets forth causes of action for: (1) Failure to Pay Minimum Wages; (2) Failure to Pay Overtime Wages; (3) Failure to Provide Meal Periods; (4) Failure to Provide Rest Periods; (...

Excerpt: ...INTRODUCTION This action arises out of the alleged failure by defendant San Andreas Regional Center (“SARC”) to implement or follow reasonable data security procedures to protect putative class members' personal identifying information (“PII”) and protected health information (“PHI”) from unauthorized access. (First Amended Complaint (“FAC”), ¶ 4.) As a result of SARC's conduct, unknown and unauthorized persons allegedly accessed...

Excerpt: ... JAMES PATRICK PETERSEN, an individual; GEORGE MILIONIS, an individual; STEVE DOLL, an individual; NATE PRICE, an individual; and DOES 1 through 50, inclusive, Defendants. Case No. 19CV344750 TENTATIVE RULING RE: MOTION TO BE RELIEVED AS COUNSEL AND MOTION TO LIFT STAY AS TO NONDEBTOR DEFENDANTS The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on October 12, 2022, at 1:30 p.m. in Department 3. The court now ...

Excerpt: ...the order of the court. The order directed the parties to meet and confer to resolve the individual discovery requests at issue consistent the ruling. The order further directed counsel to file and email a joint statement providing a status and listing of remaining unresolved discovery requests. On September 20, 2022, counsel filed the joint statement providing a summary of meet and confer and discovery issues. In connection with the instant moti...

Excerpt: ...hrough Lincoln Financial Group (“Lincoln policies”), representing to Plaintiff that the new policy would result in better investments/returns, and that he would do a 1035 exchange from the John Hancock Policy to the Lincoln policies for an estimated total of $162,000. (See FAC, ¶¶ 11‐12.) Plaintiff authorized a medical evaluation and release of certain medical information relating to the Lincoln policies but decided to not proceed with th...

Excerpt: ...or Court of Santa Clara County and assigned the instant case number. Plaintiff subsequently filed third amended complaint and the operative fourth amended complaint, asserting a first cause of action for breach of contract, second cause of action for declaratory relief, third cause of action for breach of contract – failure to approve and pay proposed change orders and fourth cause of action for violation of prompt payment acts pursuant to Publ...

Excerpt: ...mar's individual claim. The motion is based on the November 2013 Arbitration Agreement (Arbitration Agreement) Kumar entered into with Jade Global and the recent holding in Viking River Cruises, Inc. v. Moriana. The motion is opposed by Kumar. DISCUSSION A. Legal Standard Agreements to Arbitrate California has a strong public policy in favor of arbitration. Any doubts regarding the arbitrability of a dispute are resolved in favor of arbitration.�...

Excerpt: ...s 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. 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 citat...

Excerpt: ...es that motion made pursuant to CCP § 2030.290 which is the applicable code section where a party has failed to respond to interrogatories. The notice of motion also states that it also made pursuant to CCP § 2031.310, which is the appropriate code section where a party has responded to a request for production and a further request is made. Based on the moving papers it is clear that the motion is made pursuant to CCP §§ 2030.290 and 2031.30...

Excerpt: ...challenge to more than 23,000 documents Defendant produced subject to the CO as AEO, contending that they should instead be designated “Confidential.” The motion is opposed by Plaintiff who contends that Defendant is over designating documents as AEO to prevent Shawn Sahbari, Plaintiff's CEO, from viewing the documents and participating in the prosecution of the action. DISCUSSION A. Legal Standard The California Uniform Trade Secrets Act (th...

Excerpt: ...155,051.72 (inclusive of mediation and discovery referee fees not listed in the summary page). On July 7, 2022, SEI filed the instant motion to strike and/or tax certain items in the memorandum of costs. On October 4, 2022, City's ex parte application for order shortening time to file opposition was granted, and on October 5, 2022, City filed opposition. SEI filed opposition to the ex parte application. While the court posts the within tentative ...

Excerpt: ... on 5/20/22 and originally set for hearing in Department 20 on 6/16/22. Plaintiff did not file opposition to this motion but sought a continuance. The request to continue was denied, but Plaintiff also challenged the judge in Department 20 pursuant to CCP §998. Plaintiff's challenge was conditionally accepted and the matter was reassigned to Department 7. This motion was continued for hearing to 9/8/22 in Department 7. At a Case management in De...

Excerpt: ...“Complaint”), MDisrupt is a digital platform that connects physicians and scientists with companies in the healthcare space that need their expertise as medical advisors and medical officers to help them get their products to market quickly and responsibly. (Complaint, ¶ 11.) Recruiting and connecting physicians and scientists to platform is an integral part of MDisrupt. (Complaint, ¶ 12.) Its entire existence relies on the quality of its e...

Excerpt: ...to Request for Production No. 25; and for an award of monetary sanctions against Defendant. No opposition has been filed. DISCUSSION C. Legal Standard Self‐Represented Litigants An unrepresented party “is to be treated like any other party and is entitled to the same, but no greater consideration than other litigants and attorneys. Thus, as is the case with attorneys, pro per litigants must follow correct rules of procedure.” (Nwosu v. Uba ...

Excerpt: ...ing function of our justice system. As stated by the Court in Steiny & Co. v. California Electric Supply Co. (2000) 79 Ca1.App.4th 285, 291: “In general, our civil justice system seeks truth by allowing the parties to lay all relevant evidence before the judge or jury. Thus, a party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action” CCP § 2030.210 provides in pert...

Excerpt: ...of $7692.50 pursuant to CCP Sections 2031.310, 2023.030 and 2023.010. The Requests at issue in this motion seek financial records from Plaintiff including bank records and tax returns filed by Plaintiff. According to their moving papers, Defendants contend that the requests are narrowly tailored to determine whether Plaintiff paid a fee to BEZ Financial Network, Inc., a licensed real estate broker, or its agents (Howard Wong and Edward Wong) in c...

Excerpt: ...ent, the parties also seek leave for Plaintiffs to file a First Amended Complaint (“FAC”) adding a claim under the Private Attorneys General Act (“PAGA”). As discussed below, the Court GRANTS preliminary approval and GRANTS leave to file the FAC. I. BACKGROUND Plaintiffs and the other putative class members worked at Teleféric's restaurant in Palo Alto as servers and food staff. (Complaint, ¶ 5.) They worked shifts of up to twelve hours...

Excerpt: ..., Patrick died. On 3/22/22, Fabian moved to be appointed in Patrick's place as his Successor in Interest. Fabian alleges that Patrick died as a result of injuries he sustained in the motorcycle accident. Fabian contends that due to injuries sustained in the motorcycle accident, Patrick was disabled. It is alleged that Patrick's claimed disability caused him to fall while he was performing tree work. Fabian seeks to amend the complaint to add a cl...

Excerpt: ...eliminarily approved in an order filed on May 31, 2022. The factual and procedural background of the action and the Court's analysis of the settlement and settlement class are set forth in that order. Before the Court is Plaintiff's motion for final approval of the settlement and for approval of her attorney fees, costs, and service award. The motion is unopposed. As discussed below, the Court GRANTS final approval. I. LEGAL STANDARD FOR SETTLEME...

Excerpt: ...nts 1‐30. In a subsequent filing, Dana amended the complaint to add Kristin Nicole King, the Deforest Building Condominium Owners Association, and the Deforest Residential Condominium Owners Association as Does 2, 3, and 4, respectively. On June 28, 2022, Defendant Kristin Nicole King (“Kristin”) concurrently filed a demurer to both causes of action and a motion to strike the complaint of punitive damages. Dana filed an Opposition on Septem...

Excerpt: ... to the allegations of the SAC, Plaintiff is in the business of acquisition and sales in the capital equipment secondary market. (SAC, ¶ 13.) On November 16, 2016, Plaintiff and Defendants entered into an agreement (the “Agreement”) pursuant to which the latter agreed to pay the former for services rendered (the “Service Payments”). (Id., ¶ 14.) Service Payments were to be based on “Adjusted Gross Margin” (“AGM”) as defined in 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 05 October 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Defendants Cacaos' Demurrer To Plaintiffs' First Amended Complaint. I. Statement of Facts. Plaintiffs Henry Om'mani and Matimba Shiyanga (“Plaintiffs”) were the parents of Leona...

Excerpt: ...party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 05 October 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Demurrer of Defendant Ashley Oliver To Plaintiff Jaime Canales's First Amended Complaint. I. Statement of Facts. On 11 May 2019, Armando Canales (“Decedent”) was a passenger in a 2003 Toyota Co...

Excerpt: ...iff is an individual with physical disabilities. (Complaint, ¶ 1.) He is substantially limited in his ability to walk as he suffers from a C‐4 spinal cord injury. (Ibid.) He is a quadriplegic and uses a wheelchair for mobility. (Ibid.) Due to his disability, Plaintiff is unable to, or seriously challenged in his ability to stand, move, reach objects mounted at heights above his shoulders, transfer from his chair to other equipment, and maneuve...