Excerpt: ...lso demurs to the first and second causes of action in the SAC. I. Background A. Factual This is an action for trespass and nuisance, among other things. According to the allegations in the SAC, Plaintiffs purchased real property at 20500 Town Center Ln # 289, Cupertino, CA 95014 (the “Residence”). (SAC, ¶ 1.) Plaintiffs continue to live at the Residence. (Ibid.) From August 2016 until approximately December 2018, defendant Arirang operated ...

Excerpt: ...GA”) forwarded a Letter of Intent to RCA agreeing to purchase and repair the subject property. (See FAXC, ¶ 11, exh. A.) Plaintiff and cross‐ defendant Richard Kwok (“Kwok”) and his wife, cross‐defendant Hien Am Nguyen (“Nguyen”) also contacted IGA regarding investing in the subject property. (See FAXC, ¶ 12.) RCA, IGA, Kwok and Nguyen then discussed a potential joint venture and on August 13, 2016, defendant Jeanie Russell (“Ru...

Excerpt: ... for reconsideration of order filed June 29, 2022 sustaining separate demurrers of defendants City of Campbell (“City”), Julius Nyanda (“Nyanda”) and Mark Robson (“Robson”) to plaintiff's first amended complaint (“FAC”) without leave to amend. The motion is filed June 24, 2022 and amended motion for reconsideration filed August 2, 2022 (collectively “MFR1”). (b) Motion for reconsideration of order filed July 20, 2022 sustainin...

Excerpt: ...ned Defendant $500,000 to be repaid in full with 5% interest on May 1, 2020. Plaintiff funded the loan in two payments of $250,000 on February 27, 2020 and February 28, 2020. On March 10, 2020, Plaintiff and Defendant executed an amended agreement whereby the total loan amount was revised to $750,000. The interest set at 8% and the loan maturity date was extended to May 5, 2020. The amended loan was funded with an additional $250,000 on that same...

Excerpt: ... Plaintiff received various warranties including the 6.4 liter PowerStroke Diesel Engine Warranty which covers the engine and engine components, as well an emissions warranty for eight years or 80,000 miles. (Id. at ¶ 9.) During the warranty period, the Vehicle contained or developed defects, including but not limited to, defects related to the engine; defects related to the exhaust and emissions system, including the exhaust gas recirculation t...

Excerpt: ...t, 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 12 September 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion of Defendants Central Investments, LP, Westwood Investors, LP, Richard Gregersen, and Northwest Investments, LP. For Judgment on the Pleadings to the Second Amended Compla...

Excerpt: ...d Floor, 161 North First 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 12 September 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Orders on: (1) Defendant Timothy Bumb's Demurrer to Plaintiffs' First Amended Complaint; (2) Defendant Timothy Bumb's Motion to Strike Portions of Plaintiffs...

Excerpt: ...is action arises out of the vaccination policy (the “Policy”) enacted by SCU requiring its students (absent medical exemptions) to be fully vaccinated against COVID‐19. Plaintiffs allege that the Policy is unlawful and unconstitutional and amounts to SCU, a quasigovernmental actor, coercing them into engaging in experimental medical interventions based on “politicized, fraudulent science” that can and have caused significant harm to inj...

Excerpt: ... Eighteen Requests for Production of Documents; and (4) at least Five Depositions. Plaintiff argues that good cause exists to allow the requested discovery as the enumerated discovery is narrowly defined to issues that Google has challenged in its Anti‐ SLAPP motion including their motive for terminating Plaintiff and his good faith belief that they were breaking the law. In support of the motion, Plaintiff argues that Defendant Google has plac...

Excerpt: ...ach of covenant of good faith and fair dealing, for violation of Labor Code section 201(a), and for violation of Labor Code section 210 (a)(2). On July 8, 2022, defendant filed the instant motion to compel arbitration and stay litigation. On July 18, 2022, plaintiff filed opposition, and on September 6, 2022, defendant filed reply. Summary of contentions Defendant requests that plaintiff and the claims alleged in the SAC be ordered to arbitration...

Excerpt: ...ony”),1 to whom Intervenor was formerly married, initiated the instant action seeking to quiet title to the property located at 3503 Pleasant Echo Drive in San Jose (the “Property”). (Complaint, ¶ 1.) Anthony also asserted claims for breach of contract and fraud. (Id.) The Property is titled under defendant Karine Nguyen's (“Karine”) name. (Complaint, ¶ 5, Exhibit A.) On November 17, 2001, Tung was the sole owner of the Property. (Id....

Excerpt: ...ered services to be rendered for 18 months and specified both the rate the workers were to be paid and the rate that was to be charged to Advoque. (Ibid.) At the time the Advoque Contract was executed, defendant Advoque Safeguard, LLC (“Advoque Safeguard”) did not exist. (Id. at ¶ 10.) From approximately June 2020 through early January 2021, Plaintiff issued invoices to Advoque for staffing services provided by Plaintiff and received payment...

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 07 September 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Demurrers of Defendants Orange Coast Title Company of Northern California and Susan Trujillo to First Amended Complaint. I. Statement of Facts. On 28 November 2018, defendants Ahmad Javid and...

Excerpt: ...ussed below, the Court is inclined to grant Plaintiff's motion, but will require him to provide a declaration addressing his experience working for Defendant, his view of the settlement, and his efforts on the case. In addition, Plaintiff must submit an explanatory cover letter to be mailed to aggrieved employees for the Court's review. I. BACKGROUND Defendant operates large apartment complexes in Northern California. (Complaint, ¶ 9.) Plaintiff...

Excerpt: ...le shifts, failed to reimburse them for business expenses, and committed other wage and hour violations. The parties reached a settlement, which the Court preliminarily approved in an order filed on June 3, 2022.1 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 approva...

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 07 September 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order On Defendant's Motion for Judgment on the Pleadings. I. Statement of Facts. Plaintiff Mary Anderson (“Anderson”) generally alleges she was employed by Carrington College for appro...

Excerpt: ...loyed by XPT since mid to late 2016, Plaintiffs were forced by XPT to sign new employment contracts on June 1, 2018. (Complaint, ¶ 19.) The new contracts purported to change the nature of their employment from employee to independent contractors, however, only their compensation changed as the terms and conditions of their employment remained the same. (Ibid.) In August 2019, XPT's Chief Executive Officer (“CEO”) Jack Cheng (“Cheng”) rea...

Excerpt: ...t. (Cottini v. Enloe Med. Ctr. (2014) 226 Cal.App.4th 401, 421.) Those conditions are: (a) The court has taken into account the extent to which the opposing party has relied on the list of expert witnesses. (b) The court has determined that any party opposing the motion will not be prejudiced in maintaining that party's action or defense on the merits. (c) The court has determined either of the following: (1) The moving party would not in the exe...

Excerpt: ... names Veeco as a nominal defendant. In an order filed on January 25, 2021 (“January 2021 Order”), the Court sustained Defendants' demurrer to the amended complaint without leave to amend based on Plaintiff's failure to plead demand futility.3 Plaintiff appealed that decision. While the appeal was pending, the parties negotiated a settlement. Now before the Court is Plaintiff's motion for preliminary approval of the settlement, which is unopp...

Excerpt: ...claims, which is unopposed. As discussed below, the Court GRANTS preliminary approval of the revised settlement filed on September 6, 2022. I. BACKGROUND Plaintiff was employed by Defendants in California as a non‐ exempt hourly employee during the relevant time period. (First Amended Complaint (“FAC”), ¶ 2.) She alleges that Defendants have intentionally rounded down employees' hours to avoid paying overtime, paid employees less than thei...

Excerpt: ... preliminary approval. I. BACKGROUND Defendant HGST, Inc. is a Delaware corporation that manufactures, distributes, and sells hard disk drives, external storage drives, and other computer storage devices. (First Amended Class and Representative Action Complaint (“FAC”), ¶ 10.) Plaintiff worked for Defendant as a non‐exempt operator from about September 2017 to January 2021. (Id., ¶ 8.) Plaintiff alleges that he and other employees were re...

Excerpt: ... 2017, HMI executed and delivered to Plaintiff a Revolving/Installment Note (the “Note”) and Security Agreement (collectively, the “Loan Documents”) pursuant to which HMI borrowed and promised to pay to Plaintiff the principal sum of $250,000, together with interest at a variable rate of Prime plus 1.75% per year, in monthly installments as stated in the Note. (Complaint, ¶ 6, Exhibits 1 and 2.) In order to induce Plaintiff to furnish th...

Excerpt: ... business is located) in 2010. Plaintiffs' original complaint was filed on October 18, 2018. The original complaint alleged at ¶6 that “Defendant Robert Killingsworth is believed to be a resident of Kansas City, Missouri, and at all time relevant herein, worked as an insurance claims adjuster working for Travelers.” A proof of service indicating service of the original complaint on Robert Killingworth in Missouri on December 20, 2020 was fil...

Excerpt: ...ff filed a motion to continue certain hearings. The notice of motion does not identify this motion or Demurrer. Because the present motion and Demurrer were not noticed to Plaintiff until 6/16/22, they could not relate to these proceedings. Although the Court has denied Plaintiff's motion to continue in a separate ruling, even if it had been granted, the Court finds that Plaintiff's motion to continue was not directed to this motion or Demurrer. ...

Excerpt: ... damages. DISCUSSION A. Legal Standard The party to whom a request for production of documents has been directed can make one of three responses: (1) a statement that the party will comply with the particular demand, (2) a representation that the party lacks the ability to comply, or (3) an objection. CCP §2031.210(a). When the party complies, the required responsive statement is clear: “[a] statement that the party to whom an inspection deman...