Excerpt: ...0 et seq. (the “UCL”). Both Plaintiffs are in the business of semi‐conductor/miscellaneous electronic equipment and parts, refurbishment and repair. (SAC, ¶¶ 1‐2.) New Tec possesses one of the largest inventories of legacy electronic equipment parts, acquired over years with permission from sought after Original Equipment Manufacturers of semiconductor/miscellaneous equipment and parts. (Id., ¶ 16.) Rowenn has invested time and money i...

Excerpt: ...d with JLA's relationship with ASIP Holdings and Q Networks, and wrongly claimed ownership of intellectual property developed in connection with the project. In a cross‐complaint, Mr. Rajagopalan alleges that he never signed the draft consulting agreement and was not paid for much of his work. Moreover, he claims he disclosed his other work for Q Networks—on his own time—on technology outside the scope of the JLA project to Cross‐Complain...

Excerpt: ...te Attorneys General , Pl ai ntiff, vs. NEW LEAF COMMUNITY MARKETS, INC. , a Cal i fornia corporation; NEW SEASONS MARKET, LLC, an unknown busi ness entity; and DOES 1 through 100, i nclusive, Defendants. Case No. 21CV390546 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The above‐ ent i tled act ion comes on f or hear i ng bef or e the Honor abl e Pat r i ci a M. Lucas on Oct ober 5, 2022 at 1: 30 p. m. i n Depar ...

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 03 October 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order On Demurrer Of Defendant To Plaintiff's First Amended Complaint. I. Statement of Facts. Plaintiff Silverio R. Panlasigui (“Plaintiff”) owns real property located at 572 Kevenaire Drive ...

Excerpt: ...22. The SAC states 11 causes of action: (1) Gender Discrimination in violation of the FEHA; (2) Retaliation; (3) Wrongful Termination in Violation of Public Policy; (4) Failure to Pay Overtime Wages; (5) Unpaid Meal Period Wages; (6) Unpaid Rest Period Wages; (7) Failure to pay all wages due; (8) Failure to provide accurate wage statements; (9) Late payment of payday wages; (10) Unfair Competition, and; (11) Private Attorneys General Act (“PAGA...

Excerpt: ... “Plaintiffs”). I. Background A. Factual This is an action for breach of contract, among other things, arising out of a commercial landlord‐tenant relationship. According to the allegations of the operative Complaint, on October 20, 1988, Plaintiffs entered into a lease (the “Original Lease”) for the real properly located at 1272 S. Bascom Avenue (the “Premises”) with Geno I. Castello and Victoria M. Castello, predecessors in intere...

Excerpt: ...ent Services (“SUTS”). (FAC at ¶ 1.) The Memorandum of Understanding (“MOU”) between the County and Union of American Physicians and Dentists (“UAPD”) is a collective bargaining agreement amended every few years, with current effective dates from 10‐19‐20 to 10‐29‐23. (FAC at ¶ 5.) The MOU is a legally binding contract with terms and conditions of employment at one clinic for P28 Senior Staff Physicians II and other physicia...

Excerpt: ...he United States. (Complaint at ¶ 10.) Plaintiff Central Pacific District (“Central Pacific District”) is the ecclesiastical body of the C&MA which has authority over approximately 90 individual churches in Northern California, Nevada, Utah, Hawaii and Guam. (Complaint at ¶ 11.) Defendant Vertical Church of the C&MA (“Vertical Church”) is a subordinate church of the C&MA located in the Willow Glen area of San Jose. (Id. at ¶¶ 1, 14‐...

Excerpt: ...plaintiff”). Present motions On July 15, 2022, Vanni defendants filed motion for attorneys' fees (line 7 of calendar). On July 20, 2022, plaintiff filed opposition, entitled in pertinent part, “motion to deny Defendant counsel motion for legal fees…” On September 27, 2022, Vanni defendants filed reply. On July 15, 2022, MHVOA filed motion for attorneys' fees (line 8). On August 3, 2022, plaintiff filed opposition entitled in pertinent par...

Excerpt: ...t by Decedent's surviving spouse, Gang, and her son, Justin. According to the allegations of the complaint (“Complaint”), on June 19, 2017, Decedent presented herself as a patient of Defendants for the evaluation and treatment of a fever. (Complaint, ¶ 7.) Defendants, collectively and individually, were careless and negligent in and about their evaluation, treatment, nursing care, observation, examination, monitoring, and diagnosis of Decede...

Excerpt: ...rks, Inc. (“FNI”). (See complaint, ¶¶ 14‐15.) Plaintiff performed his job duties satisfactorily but his supervisor assigned him twice the number of projects as other employees who were not of Asian descent, despite his requests to reduce his workload to those of other co‐workers. (See complaint, ¶¶ 17‐18.) Plaintiff's supervisor complained that the prior project manager, who spoke Russian, was incompetent, and did not speak negative...

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 03 October 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Orders on: 1. Motion of Respondent to Vacate the Order of This Court Dated 04 May 2022 and to Set Evidentiary Hearing; and 2. Motion of Petitioner for Attorneys Fees. This case concerns the hearing ...

Excerpt: ...aw Office of Wright, Finlay & Zak (“WFZ”) (collectively, “Defendants”) breached a settlement agreement that arose from a proceeding filed in bankruptcy court. (FAC, ¶ 12.) Plaintiff filed the proceeding against Defendant Trust, which Plaintiff alleges was represented by Defendants Robinson and WFZ. (Id.) Plaintiff alleges that on December 30, 2021, he made an initial offer of $750,000 “in consideration of Defendants discharging any all...

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 03 October 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Orders On: 1. CBRE, Inc.'s Motion For Summary Adjudication of its 4th Cause Of Action For Declaratory Relief (Duty To Defend) Against Johnson Controls Fire Protection, L.P.; and 2. [Cross‐Co...

Excerpt: ... a settlement of the class and PAGA claims, which is unopposed. As discussed below, the Court GRANTS preliminary approval. I. BACKGROUND Plaintiff began working for Defendant in 2018. (First Amended Class and Representative Action Complaint (“FAC”), ¶ 9.) Until her employment as a business data analyst was terminated in August 2020, she was paid on an hourly basis as a non‐exempt employee. (Ibid.) Plaintiff alleges that her wage statements...

Excerpt: ...nd any pleading at any time, even after commencement of trial. Code of Civil Procedure sections 474 and 576. See Hong Sang Market, Inc. v. Peng (2018) 20 Cal.5th 473. Courts are generally liberal in permitting amendments, as long as the statute of limitations has not expired, and the opposing party will not be prejudiced by the amendment, such as a delay in the trial of the case, loss of critical evidence, or added costs of trial preparation. Har...

Excerpt: ... asserted solely against them. The Proposed TACC also adds Peter and Paul as cross defendants to the existing cause of action for unfair business practices. The instant proposed TACC was the subject of a motion for leave to amend that was heard and denied without prejudice on June 30, 2022 (the June motion). The June motion was heard by Judge Mary Arand who was sitting in Department 7 while Judge Rudy was away from Court. In ruling on that reques...

Excerpt: ...yed Plaintiff Steven Hammer as an exempt driver from June 2014 to March 2018, and Plaintiff Michael Holdiman in the same capacity from October 2018 to February 2019. (First Amended Class Action Complaint for Damages (“FAC”), ¶ 18.) But Plaintiffs allege that drivers were misclassified as exempt. (See id., ¶ 16.) Plaintiffs allege that Defendant failed to pay drivers overtime compensation and to provide required meal and rest breaks or assoc...

Excerpt: ...ornia and California Department of Consumer Affairs. (The Medical Board). DISCUSSION A. Legal Standard C.C.P. Section 1987.1 provides that the Court "may make any order ... directing compliance with" a subpoena for the production of documents upon a party's motion; C.C.P. Section 2025.480 provides that that "[i]f a deponent fails to answer any question or to produce any document, electronically stored information, or tangible thing under the depo...

Excerpt: ...rty opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 28 September 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Defendant KIA Motors America, Inc.'s Motion for Summary Judgment, or in the Alternative, Summary Adjudication to the First Amended Complaint. I. Statement of Facts. This is a lemon law action. On o...

Excerpt: ... motion on several grounds. As discussed below, the Court DENIES Adecco's motion. I. BACKGROUND A. Factual As alleged in the operative complaint, Plaintiff Olga Ortmann was hired by Defendants as an hourly, non‐ exempt employee who worked in California during July 2018. (First Amended Complaint (“FAC”), ¶ 9.) She was not provided with 30‐minute meal periods for each five hour work period due to Defendants' policy of not scheduling meal p...

Excerpt: ...grounds. As discussed below, the Court GRANTS HCLA's motion in part and DENIES it in part. I. BACKGROUND As alleged in the Complaint, HCLA is located in Sunnyvale and offers computer programming solutions including informational technology, infrastructure management, software engineering, data center, and application development services. (Complaint, ¶¶ 2–3.) Plaintiff worked for Defendant until April 27, 2021. (Id., p. 4.) Plaintiff alleges ...

Excerpt: ... and Cross‐Defendant James Tananbaum (collectively, “Cross‐Defendants” or the “Foresite Parties”) misappropriated its trade secrets and started two competing companies. Before the Court are the following motions: (1) Defendant Hesaam Esfandyarpour, Ph.D.'s motion to stay pending resolution of bankruptcy proceeding; (2) Dr. Esfandyarpour's motion to strike portions of the operative Second Amended Complaint (“SAC”); and (3) Dr. Esfa...

Excerpt: ...ardi”) was the general contractor retained to construct, design and develop the hotel rooms at Palmetto. (See TAC, ¶ 12.) While staying at the hotel, after taking a shower, Plaintiff slid the tempered glass shower door when it suddenly exploded, shattering over Plaintiff's body, causing Plaintiff to fall to the ground and to sustain multiple lacerations and cuts to her wrists, hands, fingers, legs and feet. (See TAC, ¶ 26.) Plaintiff necessit...

Excerpt: ...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 28 September 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Orders on: 1. Defendants' Motion For Judgment on the Pleadings; and 2. Defendants' Motion To Strike All Or Portions of Plaintiff's Amended Complaint. I. Statement of Facts. On 18 Aug...