Excerpt: ... in the TAC, in April 2015, Wu was recruited by China Science & Merchants (“CSC Group”) as CoPresident. (TAC, ¶ 4, 19.) She was told there would be a competitive profit‐ sharing plan. (TAC, ¶ 25.) She was hired to lead the investment activity. (TAC, ¶ 20.) By 2019, Wu built what became a top tier portfolio in early‐stage technology companies by applying rigor and high selectivity in investing. (Ibid.) Had it not been for the promises a...

Excerpt: ...s 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 Overtime Compensation [Cal...

Excerpt: ...g as follows: I. INTRODUCTION This is a putative consumer class action brought pursuant to the California Fair Debt Buying Practices Act, Civil Code sections 1788.50‐1788.64 (“CFDBPA”). According to the Class Action Complaint for Statutory Damages (“Complaint”), filed on December 4, 2018, plaintiff Pamela Shereé Chambers (“Plaintiff”) seeks statutory damages against defendant Crown Asset Management, LLC (“Defendant”) arising fr...

Excerpt: ...es its tentative ruling as follows: I. INTRODUCTION This is a representative action arising out of various alleged wage and hour violations. Defendant Little Caesar Enterprises, Inc. (“Defendant”) allegedly employed plaintiff Jose Cuevas (“Plaintiff”) from approximately June 15, 2006 to November 5, 2019, as an hourly‐paid crew member/cook at Defendant's restaurant in San Jose, California. (Complaint, ¶ 6.) Plaintiff alleges that Defend...

Excerpt: ... injured as a result of the accident. (See complaint, ¶ 15.) The complaint alleges that at the time of the incident, Morris was acting in the court and scope of his employment with defendant McCarthy Building Companies, Inc. (“McCarthy”). On January 14, 2019, Plaintiff filed a complaint against the State of California Department of Transportation (“Caltrans”), Morris and McCarthy (collectively “Defendants”), asserting causes of actio...

Excerpt: ... Offer.1 (FAC, ¶ 5.) In 2017, Defendant offered members of the management group change of control severance benefits to provide job security and encourage retention as the company began working towards an initial public offering. (Id. at ¶ 7.) Defendant offered the benefits as an amendment to her Employment Offer (“Change of Control Amendment”), and Plaintiff accepted the change. (Ibid.) The Change of Control Amendment provided for severanc...

Excerpt: ...ent Rental Co., LLC (Sunstate”) filed the instant motion for protective order to prohibit plaintiff from obtaining certain discovery pursuant to subpoena which Sunstate identifies as items 1 through 4 in the motion (“request for protective orders”). The court will not restate the items here in the interest of brevity. Following consideration of the authority, evidence and argument of counsel in the papers filed in support, opposition and re...

Excerpt: ...relief. The matter proceeded to court trial on March 16, 2021, the Hon. Joseph Huber, presiding. A tentative decision was filed, followed by statement of decision which was adopted, and judgment was entered on September 13, 2021 in favor of plaintiffs and against defendant. The judgment included an award of plaintiffs' costs, according to proof. On March 4, 2022, order was entered awarding plaintiffs attorneys' fees of 144,946 against defendant. ...

Excerpt: ...order of January 17, 2020. On May 16, 2022, defendant demanded that the parties arbitrate the dispute pursuant to a provision for arbitration contained in a document “General Terms and Conditions of Sale” (“arbitration provision”) which defendant asserts was agreed to by plaintiff and defendant. Defendant demanded plaintiff stipulate to arbitration of plaintiff's claims asserted in the complaint, and plaintiff declined. On May 19, 2022, d...

Excerpt: ...‐solicitation and non‐ competition agreements, in February 2008, Taresh and Amar agreed to form the company but have all shares issued in their wives names, Swapnil Anand (“Swapnil”) and Taproop Virk (“Taproop”), respectively. Taproop paid $35,000 and Amar began working for defendant Anjaneyap, Inc. (“AI”) for a 49% interest in AI. In March 2009, Amar realized that they did not have any paperwork demonstrating the interest in AI, ...

Excerpt: ...eet, 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 22 August 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Orders on Motions of Plaintiff to Compel Defendant FPC Builders, Inc. to Respond to Requests for Production of Documents, Set One; Responses to Special Interrogatories, Set One; and to Res...

Excerpt: ...posing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 22 August 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Orders on Motions to Seal of: 1. Defendant VMWare, Inc.'s Motion to Seal Portions of Defendant's Reply in Support of Defendant's Motion to Dismiss/State Action; and 2. Plaintiff's Motion to Seal Portions of Plaintif...

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 the...

Excerpt: ...ed against herself and other aggrieved “non‐White employees.” Before the Court is Defendants' demurrer to the PAGA claim and alternative motion to strike that claim. Again in the alternative, Defendants move to bifurcate Plaintiff's PAGA claim. Plaintiff opposes Defendants' motion in all respects. As discussed below, the Court SUSTAINS Defendants' demurrer with 30 days' leave to amend. The alternative motion to strike and motion to bifurcat...

Excerpt: ...ns in the FAC, on December 10, 2016, Plaintiff was at a complete stop in her motor vehicle at a red light. (FAC, p. 5, GN‐1.) At the time of the accident, Madelyn was a minor and she was driving a vehicle that she and the other defendants knew or should have known had defective and/or dysfunctional brakes and was likely to cause personal injury, wage loss, and property damage. (Ibid.) Because of the defective/dysfunctional brakes and Madelyn's ...

Excerpt: ...he negligent driving of a vehicle which hit decedent‐pedestrian causing decedent's death. The plaintiffs were not involved in or present at the collision that caused the death of the decedent. Two of the plaintiffs are adults. The three plaintiffs are represented by the same attorney, and plaintiffs settled their claims at mediation. On June 16, 2022, the guardian ad litem for the minor filed the instant petition for approval of compromise of c...

Excerpt: ... “Motions for leave to amend are directed to the sound discretion of the judge: ‘The court may, in furtherance of justice and on any terms as may be proper, allow a party to amend any pleading…' [Citation.] However, the court's discretion will usually be exercised liberally to permit amendment of the pleadings. The policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified.” (Howard v....

Excerpt: ...dora.” In Case No. 20CV372622 (“Abittan”), Temujin alleges that Defendants and CrossComplainants Ariel Abittan, Benjamin Fisch, and Charles Lu conspired to (a) assert a false claim of ownership of its business, (b) misappropriate its trade secrets, (c) usurp and interfere with control over its assets, such as social media accounts, and (d) interfere with its relationships with investors and business partners. Mr. Abittan and, separately, Mr...

Excerpt: ...he Court DENIES Defendants' motion. I. BACKGROUND3 MMCC is a Michigan corporation engaged in the business of collecting defaulted consumer debts in California. (First Amended Complaint (“FAC”), ¶ 11.) Mr. Hresko, Mr. Brewer, and Ms. Church are Michigan residents who Plaintiff alleges are employees, agents, and, in Mr. Hresko's case, an officer and/or director of MMCC and are also “third‐party debt collectors” under the Rosenthal Act. (...

Excerpt: ...y party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 17 August 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion of Plaintiff for Summary Judgment. I. Statement of Facts. Plaintiff filed this complaint on 22 December 2021. 2 in this collection case, plaintiff alleges that within four years of the fili...

Excerpt: ...��Micro Bio”) whereby BV Canada purchased the worldwide rights to proprietary technology related to compost and biogas machinery relating to anaerobic digestion of organic waste material. (See complaint, ¶ 11.) In June 2013, Whole Foods agreed to demo a BV digester at Whole Foods' Campbell store, and after a successful demonstration and proof of concept, Whole Foods notified BV USA and BV Canada that it intended to purchase a digester unit for...

Excerpt: ...��) propounded to Plaintiff. BACKGROUND Plaintiff worked for GSV from March to June 2017. He notified GSV upon his hiring that he suffered from disabilities, including seizures and vascular artery disease, which required he be assigned a seated position. In his initial job assignment in the Kitting and Packaging department, Plaintiff was able to sit down for much of his scheduled shift and move around when necessary. In June 2017, Plaintiff's man...

Excerpt: ...ilure to protect passenger from assault. On May 24, 2022, Uber filed the instant motion to require non‐resident plaintiff to file an undertaking pursuant to Code of Civil Procedure section 1030. On August 5, 2022, plaintiff filed opposition and on August 11, 2022, Uber filed reply. Summary of contentions Uber asserts that plaintiff is a non‐resident of California and requests an order requiring plaintiff to file an undertaking for Uber's esti...

Excerpt: ...egligence and; (2) Premises liability. There are no exhibits attached to the Complaint. There are also cross‐actions. On January 9, 2020 Defendant DL Bar filed both an answer to the Complaint and a cross‐complaint stating cross‐claims for: (1) Partial Indemnity; (2) Total Indemnity; (3) Equitable Indemnity; (4) Contribution, and; (5) Declaratory Relief against “Roes 1‐20” only. There are no exhibits attached to DL Bar's cross‐compla...

Excerpt: ...opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 17 August 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order On Defendant City Of Palo Alto's Demurrert to Plaintiff's First Amended Complaint. I. Statement of Facts. On 28 February 2021, defendant Gautam Ravi (“Ravi”), while operating a Honda Accord EX vehicle, n...