Excerpt: ...uary 9, 2016, La Encina and Group One entered into an agreement in which Group One would perform certain construction work on La Encina's property in exchange for $3,900,000. (See La Encina cross‐complaint, ¶¶ 10‐11.) Group One breached the contract, failing to pay subcontractors, suppliers and laborers within 7 days after receipt of payment from La Encina, failing to hold payments received from La Encina for the benefit of subcontractors, ...

Excerpt: ...ues its tentative ruling as follows: I. INTRODUCTION This is a construction defect action. According to the allegations of the operative First Amended Complaint (“FAC”), filed on February 5, 2020, plaintiff SJSC Properties, LLC (“SJSC”) is in the process of building a modern, multifamily residential apartment complex and mixed‐use project comprised of two 28‐story towers and a below‐ grade parking garage (the “Project”). (FAC, �...

Excerpt: ... RULING RE: MOTION TO STAY CASE The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on August 17, 2022, at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative consumer class action brought pursuant to the California Rosenthal Fair Debt Collection Practices Act (“RFDCPA”). According to the allegations of the First Amended Class Action Complaint ...

Excerpt: ...INTRODUCTION This is a putative class and representative action arising out of various alleged wage and hour violations. The operative First Amended Complaint, filed on March 30, 2022, sets forth the following causes of action: (1) Failure to Pay Minimum Wages; (2) Failure to Pay Overtime Wages; (3) Failure to Provide Meal Periods; (4) Failure to Permit Rest Breaks; (5) Failure to Provide Accurate Itemized Wage Statements; (6) Failure to Pay All ...

Excerpt: ...uated, Plaintiff, vs. JSR MICRO, INC.; JSR NORTH AMERICA HOLDINGS, INC.; JSR LIFE SCIENCES, LLC; and DOES 1 through 20, inclusive, Defendants. The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on August 17, 2022 at 9:00 a.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 On June 23, 2021, plain...

Excerpt: ...e‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on August 17, 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 October 24, 2019, plaintiff and cross‐defendant Velocity Investments, LLC (“Velocity”) is the owner of debt owed...

Excerpt: ...spute between plaintiffs Regional Medical Center and Good Samaritan Hospital (collectively, “Plaintiffs”) and defendant County of Santa Clara dba Valley Health Plan (“Defendant”). Plaintiff's original Complaint, filed on December 15, 2020, set forth the following causes of action: (1) Breach of Implied‐in‐Law Contract (Emergency Services); (2) Breach of Impliedin‐Law Contract (Post‐ Stabilization Services); (3) Breach of Implied�...

Excerpt: ...ooding event that went undetected and unmitigated through the evening and the morning of June 3, 2018, causing damage to the premises of which Plaintiff was the tenant. (See complaint, ¶¶ 15‐16.) On May 31, 2019, Plaintiff filed a complaint against TPx for property damages and business interruption. On March 25, 2022, TPx filed a form cross‐ complaint (“XC”) against cross‐defendant Honeywell International Inc. (“Honeywell”), asser...

Excerpt: ...ts' insured. According to the allegations of the SAC, Plaintiff is a medical services provider. (SAC, ¶ 1.) CNP, a food preparations' business, arranges for the provision of health care services to its enrollees and the payment or reimbursement of the cost of those services. (Id., ¶ 3.) HCS, a third‐party claims administrator, works in such a capacity for CNP pursuant to a contractual agreement. (Id., ¶¶ 2, 10.) Collectively, HCS and CNP wi...

Excerpt: ...ber 30, 2021, Plaintiff filed a First Amended Complaint (“FAC”) on December 10, 2021. Defendant subsequently filed a demurrer on January 3, 2022. After the demurrer was heard on March 18, 2022, Plaintiff filed the operative complaint, the Second Amended Complaint (“SAC”), on April 4, 2022. Defendants request judicial notice in support of Defendant's Demurrer to the SAC. Plaintiff filed opposition papers on July 20, 2022, to which Defendan...

Excerpt: ...), which was manufactured and/or distributed by FMC. (FAC, ¶ 7.) In connection with the purchase, Plaintiffs received an express written warranty, 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 transmission. (FAC, ¶ 9.) During the warranty period, the Vehicle contained or developed defects, including but not limited to, defects related to the transmiss...

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 15 August 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Orders on Defendant Chirayu Patel's: 1. Demurrer To the First Amended Complaint; and 2. Motion To Strike Damages Not Supported By The First Amended Complaint. I. Statement of Facts. Pla...

Excerpt: ...titled to its attorney's fees pursuant contract. Defendant does not dispute that Plaintiff is entitled to an award of fees under the contract, but disputes that all of the fees claimed by Defendant were reasonably incurred in the defense and prosecution the claims. DISCUSSION A. Legal Standard CCP § 1032 provides that except as otherwise expressly provided by a statute, the prevailing party in an action or proceeding is entitled to recover its c...

Excerpt: ...ons of Plaintiff's rights under the state and federal constitutions and/or intentionally inflicted emotional distress. As noted, Plaintiff is self‐represented, which is sometimes referred to as appearing in propria persona. “[W]hen a litigant is appearing in propria persona, he is entitled to the same, but no greater, consideration than other litigants and attorneys. Further, the in propria persona litigant is held to the same restrictive rul...

Excerpt: ... entry of dismissal with prejudice, and on March 25, 2022, notice of entry of judgment served on the parties. On March 25, 2022, order was filed granting defendants' motion to expunge lis pendens and ordering plaintiffs to pay attorneys' fees to defendants in the amount of $25,364. On June 3, 2022, notice of entry of order was filed of order denying plaintiffs' motion for new trial, reconsideration, or relief pursuant to Code of Civil Procedure s...

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 15 August 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion of Defendants for Relief from Default of Request for Admissions and from Deemed Admissions. I. Statement of Facts. In the First Amended Complaint, plaintiff alleges that it entered i...

Excerpt: ... husband of Plaintiff, obtained a temporary domestic violence restraining order (“TRO”) against Plaintiff, and Plaintiff was arrested and criminally prosecuted and convicted for her violation of that TRO. (See FAC, ¶¶ 10‐11.) Defendant filed for divorce in 2009, and later obtained child and spousal support, which was subsequently enforced through the Department of Child Support Services (“DCSS”). (See FAC, ¶ 5.) In February 2017, Pla...

Excerpt: ...) section 395, subdivision (a) from San Mateo County because venue was proper in Santa Clara County, where Defendant resided at the commencement of the action. On April 15, 2022, the Court granted Defendant's motion to strike portions of Plaintiff's verified complaint, permitting Plaintiff 10 days' leave to amend. On April 22, 2022 Plaintiff filed the operative complaint, First Amended Complaint for Declaratory Relief (“FAC”). On May 17, 2022...

Excerpt: ...otions to strike demurrers filed July 22, 2022, and will not restated in its entirety here in the interest of brevity. Current motion On September 29, 2020, plaintiff filed the operative first amended complaint (“FAC”) in this action alleging 11 causes of action against defendants Bradford Baugh (“Baugh”), Thomas Kenefick and Jeanne Schmidt (“Schmidt”). On November 19, 2020, Baugh filed a special motion to strike the FAC. On November ...

Excerpt: ...oss‐Complaint ¶¶ 10‐11, 16.) Vergonio further alleges that Credit One Bank, N.A., subsequently sold, assigned, or transferred the alleged debt to FNBM, LLC. (Id. at ¶ 12.) Vergonio alleges that, despite receiving the final payment in December 2019, FNBNM, LLC treated the alleged debt as a loss or expense and sold the debt in August 2020 to Sherman Originator III, LLC. (Id. at ¶¶ 12‐14.) Vergonio contends that the alleged debt is subjec...

Excerpt: ..., 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 and assurances by Xiangshuan...

Excerpt: ...on of PAGA. The Complaint alleges (at ¶8) that Plaintiff was employed by Defendant from approximately June 2018 to January 2020. Under PAGA, an aggrieved employee may bring a civil action personally and on behalf of other current or former employees to recover civil penalties for Labor Code violations. (Iskanian v. CLS Transp. Los Angeles, LLC (2014) 59 Cal.4th 348, 380.) Currently before the Court is Defendant's motion to dismiss this PAGA acti...

Excerpt: ...t on the grounds that the motion was made prematurely while the parties were still meeting and conferring, and on the further grounds that the motion is moot because for all but one request, Defendant has provided code‐complaint responses to the requests, made a complete responsive production and served three sets of supplemental responses, a privilege and over 23,000 pages of responsive documents. Defendant asks the Court to sanction Plaintiff...

Excerpt: ...he tentative ruling must call Department 8 at 408.808.6856 and the opposing party no later than 4:00 PM on August 10, 2022. Please specify the issue to be contested when calling the Court and Counsel. BACKGROUND Before the court is a motion by Defendant American Management Service, Inc. (“Defendant”) to compel Plaintiff Vera Fox (“Plaintiff”) to provide further responses to Form Interrogatories, set one, numbers 6.5, 12.1 and 14.1. Plaint...

Excerpt: ...entative ruling must call Department 8 at 408.808.6856 and the opposing party no later than 4:00 PM on August 10, 2022. Please specify the issue to be contested when calling the Court and Counsel. BACKGROUND Before the court is a motion by the City of San Jose (“Plaintiff”) for Terminating Sanctions against Church of Zion and Damian Galvan (“Defendants”) for what is described as a continued refusal of either Defendant to appear for deposi...