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: ... 1.) Thereafter, defendants Nancy Kim and her brother, defendant Timothy Kim, occupied the Subject Property. (Complaint, ¶9.) On or about August 15, 2018, plaintiff Park and defendant Nancy Kim agreed to extend the lease term for an additional six months. (Complaint, ¶10.) Defendant Nancy Kim gave her brother, Timothy Kim, power of attorney to enter into a written lease extension. (Id.) The rent increased to $3,750 per month and the lease expir...

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 29 August 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order On Demurrer of Defendant Matthew Carpenter To Plaintiffs' Complaint. I. Statement of Facts. In the early morning hours of 17 January 2020, Eitan Michael Weiner (“Decedent”) di...

Excerpt: ...ff is entitled to reasonable attorney fees, costs and interest under Sections 1194 and 226 of the Labor Code which entitles Plaintiff to recover attorney fees as allowable costs under Cal. Code Civ. Proc. §1033.5 and case law and Plaintiff obtained a net monetary recover from all defendants by accepting defendant's settlement offer made pursuant to Section 998 of the Code of Civil Procedure which provided a net monetary recovery and payment of a...

Excerpt: ...fendant. (Complaint, ¶ 9.) In connection with the purchase, Plaintiffs received various warranties, including a 3‐year/36,000‐mile express bumper to bumper warranty, a 5‐year/60,000‐mile powertrain warranty which covers the engine and the transmission, as well as various emissions warranties that exceed the time and mileage limitations of the bumper to bumper and powertrain warranties. (Complaint, ¶ 11.) During the warranty period, the ...

Excerpt: ...proceeding on the same subject. The arbitration also included claims brought by defendant against plaintiff and a third party, who was not a party to the arbitration agreement. The claims of defendant asserted in the arbitration are substantively similar to the claims asserted in the proposed cross complaint which defendant seeks leave to file. On July 21, 2021, plaintiff filed the operative first amended complaint (“FAC”) asserting causes of...

Excerpt: ...) resides in Santa Cruz County and also works for the Santa Clara County Fire Department. (See FAC, ¶ 10.) Vergona has not received the COVID‐19 vaccine. (Id.) Plaintiff Santa Clara County Firefighters 4 Freedom (“SCCF4F”) is an unincorporated association that advocates for civil rights issues, bodily autonomy, medical freedom and other rights, formed specifically to advocate for firefighters in Santa Clara County during the COVID‐19 pan...

Excerpt: ... allegations of the operative First Amended Complaint (“FAC”), Plaintiff purchased the Property in 1987 and placed her daughter Maria Hart (“Hart”), as an unmarried woman, and her then‐boyfriend, John Encinas, Jr. (“Encinas”), as an unmarried man, on title as joint tenants with her. (FAC, ¶ 9.) From the beginning, right after the purchase, Plaintiff made all of the mortgage payments and paid for the taxes, insurance, repairs and ma...

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: ...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: ...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: ... 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: ...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...

Excerpt: ...ay 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. As discussed below, the Court GRANTS final approval. I. LEGAL STANDARDS FOR SETTLEMENT APPROVAL A. Class Action Generally, “q...

Excerpt: ...heelchair rolled backwards off the hydraulic wheelchair lift and ramp that was attached to the van owned by Defendant Community Partners, LLC. (Ibid.) Plaintiff Collier's wheelchair rolled off of the ramp at a high rate of speed, tipping backwards and causing Plaintiff Collier to be thrown on the ground. (Ibid.) Plaintiff Collier was later diagnosed with a fractured cervical spine, back impairments, and paralysis in her arms. (Ibid.) Upon informa...

Excerpt: ...2010. Plaintiffs' original complaint was filed on October 18, 2018. Attached to the complaint were two exhibits: (1) a copy of a “Water Tank Lease with Option” between Whispering Oaks Health Care Center, Inc. and Cricket Communications, Inc. entered into on April 24, 2008, which expressly states in paragraph 18(e) that “This Lease shall be construed in accordance with the laws of the state of Missouri.” and; (2) A custom commercial insura...

Excerpt: ...(collectively, “F&S” or “Company”) are a consultancy that provides its employees with meaningful growth opportunities and career paths. (SAC at ¶ 19.) Defendants Wyman Bravard (“Bravard”) and David Frigstad (“Frigstad”) are Shareholders, Directors, and Officers of the Company. (Id. at ¶¶ 12‐13.) For approximately 40 years, and while acting as principal shareholders at F&S, Frigstad worked in the role of the visionary/strategi...

Excerpt: ...ly, “Plaintiffs”) filed the form FAC against Defendant, asserting causes of action for negligence, premises liability and loss of consortium. On February 2, 2021, Defendant filed its answer to the FAC, asserting 24 affirmative defenses including the eighth affirmative defense of release of liability. Plaintiffs move for summary adjudication of the eighth affirmative defense. Defendant moves for judgment on the pleadings. I. PLAINTIFF'S MOTION...

Excerpt: ...ircuit Opinion”). In an order filed on April 18, 2022 (“April Order”), the Court denied Plaintiff's motion for leave to file an amended complaint and Walmart's motion for judgment on the pleadings. The factual and procedural background to the action is summarized in more detail in the April Order and is not repeated here.11 Now before the Court is another motion by Plaintiff for leave to file an amended complaint, this time in order to add ...

Excerpt: ...d committed other wage and hour violations. Now before the Court is Plaintiff's motion for preliminary approval of a settlement, which is unopposed. As discussed below, the Court GRANTS preliminary approval. I. BACKGROUND Solaray, LLC is a wholesale retailer of eyewear, accessories, gifts, apparel, and other merchandise and sells merchandise in California, across the United States, and in Canada. (Complaint, ¶ 6.) Plaintiff was employed by Solar...

Excerpt: ...opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 24 August 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Motion of Defendant For Protective Order That Depositions Not Be Taken. I. Statement of Facts. Plaintiff filed this complaint on 12 January 2021.1 The complaint alleges causes of action for: 1. Wrongful Death (Cod...

Excerpt: ...h leave to amend by the Court (Hon. Zayner) on June 11, 2018. Plaintiff's operative First Amended Complaint (“FAC”) was filed on July 26, 2018. The FAC alleges that Defendants initially represented Plaintiff “on an hourly matter,” which “involved a $14,000 case.” (FAC at ¶¶ 7‐9.) The hourly fee agreement required Defendants to send monthly billing statements, but they did not provide the requisite billing statements until the end ...

Excerpt: ...nd failed to reimburse employees for business expenses associated with their use of personal cell phones to help customers. Before the Court is Walmart's motion to stay the action in favor of (1) a related class action by the same plaintiffs, Salvador Guzman, et al. v. Walmart Inc., et al. (N.D.Cal, No. 21‐ CV‐09133‐NC) (the “Federal Guzman Action”), as well as (2) three PAGA cases by different plaintiffs that assert overlapping claims,...

Excerpt: ...ision in a related federal case, Epic Games Inc. v. Apple Inc. (N.D. Cal., No. 4:20‐ CV‐05640) (“Epic”), Plaintiffs filed a First Amended Class Action Complaint (“FAC”).1 Apple demurred, and in an order filed on February 4, 2022 (“February Order”), the Court sustained its demurrer with leave to amend. The Court held that Plaintiffs failed to state a claim under the Cartwright Act because, under the Colgate doctrine, the conduct th...