Excerpt: ...partners like third‐party Home Box Office Inc. (“HBO”) and its associated tracking of user's activities online. Before the Court are the following motions: (1) Facebook's motion to stay this action in favor of a related action by Ms. McDaniel against HBO; (2) Plaintiffs' motion to sever the claims of Mr. Rickwalder and Ms. Carter in the event the Court grants a stay; and (3) Facebook's demurrer to Plaintiffs' Second Amended Complaint (“SA...

Excerpt: ...iscrimination and retaliation; (4) failing to ensure an independent Chairman; (5) retaining PricewaterhouseCoopers LLP as the Company's auditor; and (6) making related false and misleading statements in public filings. Now before the Court is Defendants' demurrer to the complaint on various grounds, as well as their alternative motion to dismiss based on a Delaware forum selection bylaw adopted by stockholders shortly after this action was filed....

Excerpt: ...“CCP”) section 430.10, subdivision (e). Plaintiff filed opposition papers on August 18, 2022, to which Defendant filed a reply on August 25, 2022. I. Background A. Facts Plaintiff alleges a personal injury claim after she tripped and fell on a warning surface pad at the intersection of Los Gatos‐Saratoga Road and Rose Avenue in the city of Monte Sereno on August 2, 2018. (4AC, ¶ 7.) Plaintiff alleges that the warning surface pad was placed...

Excerpt: ...o oppose a motion may be deemed a consent to the granting of the motion. CRC Rule 8.54c. B. Legal Standard for Demurrer As relevant to the instant case, “[t]he party against whom a complaint or crosscomplaint has been filed may object, by demurrer or answer as provided in [s]ection 430.30, to the pleading on any one or more of the following grounds: . . . (e) The pleading does not state facts sufficient to constitute a cause of action.” (§ 4...

Excerpt: ...aintiff's demurrer to that Answer, filed on June 8, 2022. Defendant Bereczky's opposition was filed on August 16, 2022. I. Demurrer to the Answer “When any ground of an objection to a[n] … answer appears on the face of the complaint thereof, of from any matter of which the court is required to or may take judicial notice, the objection on that ground may be taken by a demurrer to the pleading.” (Code Civ. Proc. (“CCP”) §430.30(a).) A p...

Excerpt: ...twinds”), in San Jose, California, pursuant to four written ground leases with the master landlord and defendant, The Nicholson Family Partnership (“TNFP”). (FAC at ¶¶ 1, 7.) Westwinds provides affordable, rent‐controlled homes to over 1,600 residents (or “subtenants”), including numerous families with children and residents over 65 years of age, pursuant to their subleases with MHC. (Id. at ¶ 1.) Plaintiff Stacey Winkelmann (“Wi...

Excerpt: ...reet, 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 30 August 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order Motion of Plaintiffs Plaintiffs First Street Holdings, LLC; S.J. Bayshore Development, LLC; S.J. Sweetwater Holdings, LLC; Brian Bumb, individually5 to Disqualify Counsel for Defend...

Excerpt: ...[Negligent Misrepresentation].) After Plaintiff completed his shopping and put his bags in his vehicle, he was stopped by Mary Cayori (“Cayori”) from the City's police department. (Id. at p. 2.) She detained Plaintiff to determine if he had placed stolen items in his shopping bags. (Ibid.) Plaintiff responded he had a valid receipt for everything and encouraged the officer to review the store's video footage to confirm. (Id. at pp. 2 ‐3.) F...

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 29 August 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Demurrer to the First Amended Complaint by Defendants Power Integrations, Inc. and Douglas Bailey. I. Statement of Facts. This is an employment action for age and disability discrimination...

Excerpt: ...intiff's motion. I. BACKGROUND As alleged in the operative First Amended Complaint (“FAC”), Defendant is a Silicon Valley‐ based company whose products combine traditional Robotic Process Automation (“RPA”) with cognitive elements such as natural language processing and reading unstructured data. (FAC, ¶ 7.) Although it markets itself as a start‐up company, Defendant has existed since 2010 and its customers have included Google, Link...

Excerpt: ...ourt preliminarily approved in an order filed on December 7, 2021. 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 Plaintiffs' motion for final approval of the settlement and for approval of their attorney fees, costs, and service awards. The motion is unopposed. As discussed below, the Court GRANTS final approval. I. LEGAL STANDAR...

Excerpt: ...s motion for preliminary approval of a settlement of the class and PAGA claims, which is unopposed. As discussed below, the Court GRANTS preliminary approval of the amended settlement filed on August 26, 2022. I. BACKGROUND Plaintiff worked for Defendant in California as an hourly employee from approximately 2019 to July 24, 2021. (First Amended Complaint (“FAC”) ¶ 6.) He alleges that Defendant failed to include nondiscretionary bonuses and/...

Excerpt: ...ntiff's motion for preliminary approval of a settlement of the class and PAGA claims, which is unopposed. As discussed below, the Court GRANTS preliminary approval to the settlement as modified by the Amendment filed on August 22, 2022. I. BACKGROUND Defendant is an Illinois corporation with employees in California and throughout this county. (First Amended Class Action Complaint (“FAC”), ¶ 6.) It is a leading home furnishings specialty reta...

Excerpt: ...ichard Trevino for battery and negligence. Now before the Court is Plaintiff's motion for preliminary approval of a settlement of the class and PAGA claims, which is unopposed. As discussed below, the Court is inclined to grant preliminary approval, subject to the parties' agreement to amend the release to remove the waiver of Civil Code section 1542 by class members and the State of California. I. BACKGROUND A. Factual SJCC operates a country cl...

Excerpt: ... designs and develops advanced digital imaging technologies and products for use in a variety of electronic devices. (Complaint, ¶ 2.) Plaintiff is a design engineer with a master's degree in computer engineering and a bachelor's degree in electronic engineering with 20 plus years of experience in ASIC design, digital design and verification. (Id., ¶ 5.) Plaintiff was employed by Defendant as a Senior Design Engineer from 2006 until October 201...

Excerpt: ...game with his girlfriend Alma Alicia Castro and friends Erica Neraida Castro and Joel Olvera Rodriguez. (See UMF 8.) Prior to the subject incident, there were no known interactions between the two groups. (See UMF 11.) After watching the game, Decedent walked back to Martin's car through Red Lot 1 and kicked a bottle that was lying on the ground which struck the side of Gonazlez's vehicle. (See UMFs 13‐15.) Gonzales immediately confronted Deced...

Excerpt: .... On May 18, 2022, plaintiff served form interrogatories Set 4, requests for admissions set 4, and special interrogatories set 5 on defendant EQR and form interrogatories set 4, requests for admission set 4 and special interrogatories set 6 on defendant Equity. Responses to the discovery were due from each defendant on June 22, 2022. Responses were not served on the due date. On July 14, 2022, plaintiff filed the instant motion to compel response...

Excerpt: ...he above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on August 31, 2022 at 9:00 a.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a class and representative action arising out of various alleged Labor Code violations. The operative First Amended Complaint (“FAC”), filed on May 5, 2022, sets forth the following causes of action: (1) Failure to Pay Minimum Wages...

Excerpt: ...es on for hearing before the Honorable Patricia M. Lucas on August 31, 2022 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: 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 I. INTRODUCTION According to the allegations of the Complaint, filed on December 10, 2018, plaintiff and cross‐defendant Velocity Investments, LLC (“Velocity”) is the owner of debt owed by defendant and cros...

Excerpt: ... on for hearing before the Honorable Patricia M. Lucas on August 31, 2022 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: 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 I. INTRODUCTION According to the allegations of the Complaint, filed on September 20, 2016, plaintiff and cross‐defendant Velocity Investments, LLC (“Velocity”) is the owner of debt owed by defendant and cross...

Excerpt: ... Michael Weinstock, Marissa Weinstock, and the Weinstock Family Trust in the Spokane County Superior Court in the State of Washington. (Complaint at ¶¶ 5, 34.) The caption of the case was Developers Surety and Indemnity Company v. W&S Investments, Inc., Action Number 13‐2‐03051‐3. (Ibid.) On October 14, 2014, Developers obtained a sister‐state judgment in the Santa Clara County Superior Court (case no. 2014‐1‐ CV‐271852). (Complai...

Excerpt: ...ng the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 29 August 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Orders on Application of Defendant: 1. For Setting of Trial on Order to Show Cause; and 2. Stay of Execution Of Judgment. The complaint in this case was filed on 17 February 2021. The complaint alleges causes of action ...

Excerpt: ...ing to the allegations of the Complaint, from January 2020 to April 2020, Ali applied for six jobs at Apple. (Complaint, ¶ 19.) He has 22 years of IT work experience in the US, technical skills, professional training, and certifications. (Ibid.) However, Apple management did not offer Ali a fair and just opportunity for an interview. (Ibid.) Apple hiring management retaliated against him because of his two prior civil lawsuits against Apple. (Ib...

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 29 August 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion of Plaintiff to Compel Defendant DPR Construction to Respond to Requests for Production of Documents and to Produce Persons Most Knowledgeable. I. Statement of Facts. Plaintiff filed this com...

Excerpt: ...essed, used, and disclosed her private financial, business, and personal information stored on electronic devices owned by Defendant's then‐husband that had been entrusted to him for safekeeping in connection with consulting work he performed for Plaintiff. Defendant is conducting discovery in an effort to ascertain the nature and extent of Plaintiff's damages claim. DISCUSSION A. Legal Standard The party to whom a request for production of doc...