Excerpt: ...other wage and hour violations. The parties reached a settlement, which the Court preliminarily approved in an order filed on May 4, 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 his attorney fees, costs, and service award. The motion is unopposed. ...

Excerpt: ...f defendant McAfee Farms LLC (“MF”). (See SAC, ¶ 5.) Defendant Eric McAfee (“Eric”) is a member of MF. (See SAC, ¶ 6.) Defendants MF, Lapsley Farms LLC (“Lapsley”), and Lutz Farms LLC (“LF”) are the managing member of defendant Double L Ranches, LLC (“DLR”). (See SAC, ¶¶ 4, 13, 14, 19.) Defendant Mark McAfee (“Mark”) is a managing member of MF. (See SAC, ¶ 13.) Defendant Aaron McAfee (“Aaron”) is a managing member...

Excerpt: ...ontract and wrongful termination, against Defendant Stanford Health Care (Plaintiff's former employer) and various Does. Currently before the Court is a demurrer to the Complaint by Defendant Stanford Health Care (“Stanford”) filed on June 29, 2022. An amended notice stating the hearing date was filed on August 19, 2022. Plaintiff's opposition was filed on September 15, 2022. I. Demurrer to the Complaint The Court in ruling on a demurrer trea...

Excerpt: ...ny 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‐‐‐ Order On Demurrer of Defendants Michael Shwe and Richard Shwe to Plaintiff's Complaint. I. Statement of Facts. Plaintiff Karen Ouyang‐Shwe (“Plaintiff”) and defendant Richard Shwe (“Richard”)...

Excerpt: .... The court now issues its tentative ruling as follows: I. INTRODUCTION This is a class and representative action arising out of various alleged wage and hour violations. The operative First Amended Class and Representative Action Complaint (“FAC”), filed on October 26, 2020, sets forth the following causes of action: (1) Failure to Pay Minimum and Straight Time Wages [Cal. Lab. Code §§ 204, 1194, 1194.2, and 1197]; (2) Failure to Pay Overt...

Excerpt: ...behalf of himself and all others similarly situated, Plaintiff, vs. HANJIN INTERNATIONAL CORP., a California corporation; INTERCONTINENTAL HOTELS GROUP, INC., a Delaware corporation; INTERCONTINENTAL HOTELS GROUP (U.S.A.) FRANCHISING, INC., a Delaware corporation; SIX CONTINENTS HOTELS, INC. a Delaware corporation; INTERCONTINENTAL HOTELS GROUP RESOURCES, INC., a Delaware corporation; IHG MANAGEMENT (MARYLAND) LLC, a Maryland limited liability Ca...

Excerpt: ...022, at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class and representative action arising out of various alleged wage and hour violations. The operative First Amended Class Action Complaint, filed on August 19, 2021, sets forth the following causes of action: (1) Recovery of Unpaid Minimum Wages and Liquidated Damages; (2) Recovery of Unpaid Overtime; (3) Failure to Provide...

Excerpt: ...es its tentative ruling as follows: I. INTRODUCTION This is a putative class action. According to the allegations of the operative Third Amended Class Action Complaint for Damages and/or Declaratory Judgment and/or Injunctive Relief (“TAC”), filed on May 27, 2022, plaintiff Lowri McGill (“Plaintiff”) was a resident and tenant at a residential rental property known as Vine by Vintage. (TAC, ¶ 1.) Plaintiff has now vacated the unit. (Ibid....

Excerpt: ...lara for a period of 36 months. (Complaint, ¶ 9.) Nearly three years later, on February 13, 2017, the parties entered into a First Amendment to Lease which, among other things, extended the term of the aforementioned lease through February 28, 2019, and increased the base monthly rent. (Id., ¶ 10.) The lease, a Lease Rider and First Amendment to Lease are collectively referred to as “Lease 1.” (Id. and Exhibit 1.) Lease 1 required also requ...

Excerpt: ...ose. 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 26 September 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Demurrer of Defendants Mehrra Jewellers, Inc., Naresh Mehra, and Shivam Mehra to Plaintiff Virtsoft, Inc.'s Complaint. I. Statement of Facts. Plaintiff Virtsoft, Inc.1 dba Mac's Coin and...

Excerpt: ...ect property is located at 760 Emily Drive, Mountain View California 94043 (the “Property”). (SAC, ¶ 2.) Frederick, Michael, Tracy, and Gail are all siblings (collectively, the “Hart Siblings”) and the children of Ruth M. Hart (“Ruth”). (SAC, ¶ 9.) Ruth died in February 2002. (SAC, ¶ 10.) From approximately 1989 through her passing, Frederick lived with Ruth at the Property and took care of her by assisting her with daily living ac...

Excerpt: ... and costs. On July 21, 2022, plaintiff filed the instant motion for payment of attorney's fees and reimbursement of costs and expenses. On September 14, 2022, defendant filed opposition and on September 19, 2022, plaintiff filed reply. Analysis and findings Lodestar figure In determining reasonable attorneys' fees, the court determines the lodestar figure which is the number of hours reasonably expended multiplied by the reasonable hourly rate f...

Excerpt: ...or “Cytobank”) resolved a legal action (the “Legal Action”) brought by Ward which resulted in Cytobank and Ward executing a Confidential Settlement Agreement (the “Settlement Agreement”) that provided for, among other things, the distribution of settlement funds (“Settlement Funds”) to Ward and defendant McClure Law Firm (“MLF”), who represented Ward in the action. (Complaint, ¶ 1.) CLF previously represented Ward in the Lega...

Excerpt: ...defendant filed the operative second amended cross‐complaint (“SAXC”) against plaintiff. A separate action for a restraining order was filed by plaintiff against defendant, and a restraining order was issued and continues in effect in which plaintiff is the protected party and defendant is the restrained party. The gravamen of the litigation is an alleged, contested agreement between the parties to share income and assets, representations m...

Excerpt: ...id Kristian Andresen as defendant (“defendant”). According to the allegations of the FAC, plaintiff suffered serious personal injuries from an auto accident on July 18, 2018 caused by David Kristian Andresen (“decedent”) running a red light and colliding into plaintiff's auto. Plaintiff alleges that plaintiff immediately felt pain in her collarbone, neck, back, chest, forearm, wrist, and ankles. Plaintiff further alleges that she is infor...

Excerpt: .... The instant motion arises out of claim being made by Plaintiffs that they were defrauded by the Wus in connection with Plaintiffs' investment in Sunrise Plaza. During the course of discovery Plaintiffs obtained evidence that First Commercial purportedly holds the bank accounts for United, Sunrise Plaza's general partner and that United was supposed to (but did not) use its own funds to make payments directly to Sunrise Plaza. Instead, United ro...

Excerpt: ...eek PMQ testimony. Plaintiff also seeks an order that a subsequent PMQ notice shall only issue upon agreement of the parties or approval by the Court upon a showing of good cause as to why the proposed topics were not addressed in the initial PMQ notice. The motions are opposed by Defendant. DISCUSSION A. Legal Standard When discovery has been propounded, the party to whom it is directed may promptly move for a protective order. (Code Civ. Proc. ...

Excerpt: ...et One, Special Interrogatories Set One, Request for Production of Documents Set One, and Request for Admissions. On March 24, 2022, Defendant was given an extension to respond by April 8, 2022. Defendant did not provide timely responses. On April 14, 2022 Defendant responded to the discovery at issue but asserted various objections. Plaintiff has also filed a motion to compel Defendant to Produce Documents that Defendant has identified in its la...

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 21 September 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion of Defendant County of Santa Clara for Summary Judgment, or in the Alternative, Summary Adjudication to the Second Amended Complaint. I. Statement of Facts. Plaintiffs Laura ...

Excerpt: ...he front passenger seat, hand‐ cuffed, and with no seat belt. Prior to filing this complaint, Plaintiff settled with Tekle for Tekle's insurance policy limit of $15,000. Issue Cross‐Defendant Tekle now moves for determination of good faith settlement under CCP §§ 877 and 877.6. If the Court finds that the settlement between Plaintiff and Tekle is in good faith, then the settlement “shall discharge” Tekle “from all liability for any co...

Excerpt: ...west Holdings, Inc., Northwest Investment Consulting, Inc. (collectively “NWPS Defendants”), Kaufmann and Goble Associates, Inc., Sidney T. Kaufmann, and various Does. Plaintiffs' original complaint was filed on September 17, 2021. The operative First Amended Complaint (“FAC”) was filed on April 5, 2022 and states claims for: (1) Professional Negligence/Malpractice (against all Defendants); (2) Breach of Written Contract (against all Defe...

Excerpt: ... various amenities, concluded her visit with a 90‐minute massage. Plaintiff was not familiar with her assigned masseuse, but gave him explicit direction that she had had surgery on her left hand in July 2019 and that he was not to touch or manipulate her left hand, wrist or forearm during the massage. The masseuse then asked her to repeat the information on where she had the surgery and when, and appeared to understand her direction. Near the e...

Excerpt: ...lows: I. INTRODUCTION This is a putative class action arising out of the breach of defendants Guess?, Inc., Guess? Retail, Inc., and Guess? Factory's (collectively, “Defendants”) servers and the resulting disclosure of Defendants' employees' and customers' personally identifying information (“PII”), including their names, social security numbers, driver's license numbers, passport numbers, and/or financial information. (Complaint, ¶¶ 1�...

Excerpt: ...ruling as follows: I. INTRODUCTION This is a putative class and representative action arising out of various alleged wage and hour violations. On June 17, 2020, plaintiff Noe Alcazar (“Alcazar”) filed a Class Action Complaint (“Complaint”), setting forth the following causes of action: (1) Failure to Pay Minimum and Straight Time Wages [Cal. Lab. Code §§ 204, 1194, 1194.2, and 1197]; (2) Failure to Pay Overtime Compensation [Cal. Lab. C...

Excerpt: ... RE: MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on September 21, 2022, at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action arising out of defendants Pizza Antica, LLC, Pizza Antica – Lafayette, LLC, Pizza Antica – Mill Valley, LLC, and Bacchus Management Group, LLC's ...