Excerpt: ...ng to the First Amended Complaint ("FAC"), Plaintiff Shadi Figuli is a licensed real estate broker and has been in business as an interior designer operating under the name and business entity Lilac Level Interiors, LLC since 2016. (FAC 5.) In May 2018, Ms. Figuli was approached by Defendants' daughter, Kimya, a friend familiar with Ms. Figuli's interior design work, regarding homes Kimya's father was constructing for profit in Campbell at 125 Ro...

Excerpt: ...orth 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 04 October 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Orders on Motions of: 1. Plaintiff And Cross-Defendant Sutter's Place, Inc. For Summary Adjudication Of Its Claims For Reformation and Declaratory Relief Issues; and 2. Plaintiff And Cros...

Excerpt: ...ert v. Samaritan, LLC (Super. Ct. Santa Clara County, No. 17CV314186) (Richert). Ms. Richert is represented by the same counsel who represent Plaintiff here. She alleges that, during pay periods when she received overtime wages, her wage statements failed to identify the accurate total hours worked as required by the Labor Code. Based on these allegations, she brings (1) a putative class claim for violation of Labor Code section 226 ("Section 226...

Excerpt: ...crimination, Harassment, and Retaliation (in violation of the FEHA). Balon sought punitive damages in relation to all four causes of action. Balon's original complaint alleged that he was hired by Intel on November 4, 2014 and was a vice president. He was terminated on August 18, 2020, when he was 51 years old. Prior to his termination, Plaintiff had no record of discipline and had received positive performance reviews. The complaint alleged that...

Excerpt: ...nsult on the project. According to JLA, Mr. Rajagopalan breached the agreements governing his work, interfered with JLA's relationship with ASIP and Q Networks, and wrongfully claimed ownership of intellectual property developed in connection with the project. In a cross-complaint ("Amended Cross-complaint" or "ACC"), Mr. Rajagopalan (along with Bay Views and Defendant/Cross-Defendant/Cross-Complainant Lianghwa Jou) alleges that he never signed t...

Excerpt: ...ory Damages ("Complaint"), filed on December 4, 2018, plaintiff Pamela Shereé Chambers ("Plaintiff") seeks statutory damages against defendant Crown Asset Management, LLC ("Defendant") arising from its routine practice of sending initial written communicatons in smaller than 12-point type. (Complaint, '1 1.) The Complaint sets forth a single cause of action under the CFD8PA. On 27, 2022, the court granted Plaintiff's motion for class certificati...

Excerpt: ...int for Declaratory Relief, Injunctive Relief, and Damages ("FAC"), filed on April 13, 2020 in federal district court, plaintiff Maria Consuelo Griego ("Plaintiff") seeks statutory damages against defendants The Tehama Law Group, P.C. ("Tehama"), Kes Narbutas ("Narbutas"), Cypress Asset Recovery Services, LLC ("Cypress"), Jeff Fernandez ("Fernandez"), Eric Wilson, Matthew Wright, and Patelco Credit Union ("Patelco"). 1 (FAC, 3 & 10-15.) Plaintiff...

Excerpt: ...ses of action for: (1) Failure to Pay Minimum Wages; (2) Failure to Pay Wages and Overtime under Labor Code S 510; (3) Meal- Period Liability under Labor Code S 226.7; (4) Rest-Period Liability under Labor Code S 225.7; (5) Failure to Pay Vacaton Wages; (6) Failure to Comply with Labor Code SS 245 and 246; (7) Reimbursement of Necessary Expenditures Under Labor Code S 2802; (8) Failure to Comply with Labor Code S 2751; (9) Violation of Labor Code...

Excerpt: ... Provide Meal Periods or Compensation in Lieu Thereof; (2) Failure to Provide Rest Periods or Compensation in Lieu Thereof; (3) Failure to Pay Minimum Wages; (4) Failure to Pay Overtime Wages; (5) Failure to Reimburse Work Related Expenses; (6) Failure to Comply with Itemized Employee Wage Statement Provisions; (7) Failure to Pay All Wages Upon Termination; (8) Unfair Business Practices; and (9) California Labor Code Private Attorneys General Act...

Excerpt: ... Arvind Srinivasan v. ZL Technologies, Inc., et al. (Case No. 20CV373027); (3) Arvind Srinivasan v. ZL Technologies, Inc. (Case No. 20CV373149); (4) ZL Technologies, Inc., et al. v. Arvind Srinivasan (Case No. 21CV378097); and (5) Arvind Srinivasan v. ZL Technologies, Inc. (Case No. 21CV382329). On June 5, 2023, defendant Arvind Srinivasan ("Srinivasan") filed: (1) a Notice of Discovery Referee's Order of May 1, 2023, Granting in Part Defendants'...

Excerpt: ...usands of products from Defendant in an amount exceeding $10,000,000 between September 2017 and September 2018. (Second Amended Complaint ("SAC"), 4-15.) The products included the Fortinet FortiGate models FG-201E, FG-500E, FG- 6000, FG-1500D, FG-3200D, and FG-3960E; Fortinet FortiSwitch models FSW-248D, FSW-248D-FPOE, FSW- 248E-FPOE, FSW-448D, FSW-448D-FPOE, and FSW1024D; and network management software including FortiManager, FortiAnalyzer, and...

Excerpt: ... of a condominium construction project at 188 West St. James ("Property"). Defendant FPP MB, LLC ("FPP MB") allegedly owns the Property, at least with respect to the individual units that have not yet been sold to the public. (First Amended Complaint, 94.) On or about July 26, 2016, Plaintiff entered a written subcontract with Defendant FPCto perform certain drywa I construction work at the Property ("Drywall Subcontract"). (FAC, "4, 15.) Califor...

Excerpt: ...ting multiple demurrers to the complaint and first amended complaint, opposing plaintiff's motion for injunctive relief and motion for leave to amend, attending and preparing for the motions and other court appearances, responding to discovery, opposing Plaintiff's post-judgment motion for new trial, moton to tax costs and motion to stay enforcement of the judgment, work related to Plaintiffs appeal, and other litigation expenses. JUDICIAL NOTICE...

Excerpt: ...es, pursuant to Code of Civil Procedure (CCP) S 425.16(c)(1) and 685.040, because the Discovery Order was reasonable and necessary to enforce Midland's ant-SLAPP fee award. Rather, the dispute over is the amount of reasonable attorney fees. JUDICIAL NOTICE Plaintiff requests for judicial notice of 1, 2 and 3 are denied as not relevant to the motion. See Gbur v. Cohen (1979) 93 Cal.App.3d 296, 301 (stating that "judicial notice.. .is always confin...

Excerpt: ...ar-old settlor, beneficiary, and co trustee of the Davidson Living Trust, dated December 6, 1989. (FAC, '1 12.) Stephanie is her daughter. (FAC, 17.) Plaintiff is Anita's neighbor, and she first met Defendants in the Spring of 1976. (FAC, 46-47.) In September 2017, Plaintiff's relationship with Anita transitioned from neighborly gestures to a close friendship that evolved into a mother-daughter dynamic over a period of two and a half years. (FAC,...

Excerpt: ...h of Fiduciary Duty; and 4. Judicial Dissolution of LLC Pursuant to Cal. Corp. Code S 17707.03. According to the complaint, Patton and Sandman jointly own real property through Sandpatt, LLC. (Complaint, 1-3.) In 1999, Sandpatt, LLC formed with the sole business of acquiring and operating the Property. (ld. at 9-10.) Patton was a 40% owner and manager of Sandpatt, LLC, while Sandman was a 60% owner and manager of Sandpatt, LLC. (ld. at 11-12.) Th...

Excerpt: ...fendant Santa Clara Valley Water District ("Defendant" or "District"). (See SAC, 26.) On November 7, 2013, Plaintiff suffered a low back/chest injury while supporting a work crew with fall protection measures, was treated for the injury through District's occupational medical provder, and was returned to work. (See SAC, 27.) However, Plaintiff continued to suffer an inability and pain in standing upright and in driving, and on November 12, 2013, ...

Excerpt: ...ion: (1) Violation of Civil Code Section 1793.2(D); (2) Violation of Civil Code Section 1793.2(B); (3) Violation of Civil Code Secton 1793.2(A)(3); (4) Breach of the Implied Warranty of Merchantability; and (5) Fraud (specifically, fraudulent inducement-concealment). The FAC alleges that, as part of the vehicle lease, Sharifirad entered into a warranty contract with GM on or about January 4, 2021. (See FAC at 6-7.) A copy of the warranty contract...

Excerpt: ...e facts sufficient to constitute a cause of action. CCP S 430.10(e). Demurrer will also lie where the pleading is uncertain, meaning ambiguous and unintelligible. CCP S 430.10(f). However, demurrers for uncertainty are disfavored, and are granted only if the pleading is so incomprehensible that a defendant cannot reasonably respond. A.J. Fistes Corp. v. GDL Best Contractors, Inc. (2019) 38 Cal.App.5th 677, 695. Plaintiffs' FAC is a two-page filin...

Excerpt: ....) Defendant is a technology and software company that provides software for secure electronic file sharing and services to customers. (ld., '1 5.) Defendant developed and sold licenses for a software called File Transfer Appliance ("FTA"), which it marketed as a secure method of transferring files. (ld„ '1 7.) Plaintiff insured Foley & Lardner LLP ("Foley") which was one of Defendant's FTA customers in December 2020 and January 2021. (ld., 31....

Excerpt: ... was "inadvertent" and can be deleted from the Fourth Amended Complaint (Reply, pp2-3); (2) S 558.1 is a remedy that applies automatically when an employer violates S 203, such that it need not be pled as a stand alone action (Reply, p3); and (3) Defendants have been aware all along, and, at the least since January 2023, that Plaintiff is claiming that Defendant Bilugu is personally liable. "The trial court has discretion to allow amendments to t...

Excerpt: ...ose. Any party opposing the tentatve ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on the 27 September 2023. Please specify the issue to be contested when calling the Court and Counsel. moooOooom Orders On: (1) Defendants Frederick W. Hsu, Mobile Gaming Technologies, Inc., Opsjet LLC, and Opsjet Services LLC's Demurrer To Plaintiffs' Amended Complaint; and (2) Defendants Michael P. Reaves And Edward W...

Excerpt: ...sure and authorization form to perform a background investigation. (Complaint, 22.) But the disclosure contained extraneous and superfluous language beyond the disclosure itself and/or was not clear and conspicuous, in violation of the FCRA. (ld., 23.) Specifically, extraneous information was reflected in "[m]iscellaneous provisions concerning Plaintiff's employment including, but not limited to, 'Time Clock Policy,' 'Uniform Policy,' 'Time Card ...

Excerpt: ...any common issues of law and fact, as well as many common parties. What GBR has not shown, however, is how consolidation at this exceedingly late stage of the proceedings—after three of the four cases have already been appealed, two of the four cases are still on appeal, and one of the cases is on remand from the Court of Appeal—will conserve any resources or help avoid any inconsistent outcomes. Even more critically, GBR has not shown that c...

Excerpt: ...Clara Superior Court Case No. 20CV366905) ("Dutcher"). Defendant now moves once again to decertify the class. In connection with the motion, Plaintiff moves to exclude the declaration of Yingyi Yang ("Yang Declaration") submitted by Google in support of its motion for decertification. Plaintiff opposes the motion to decertify and Google opposes the motion to exclude. For the reasons discussed below, the Court DENIED the motion to exclude and GRAN...

Excerpt: ...onsumed multiple beers and was intoxicated at the time of the accident when he rear-ended Plaintiff at a high rate of speed and totaled his vehicle. (FAC, 10-11, 13.) As a result, Plaintiff suffered severe personal injuries, which will result in some permanent disability. (FAC, '118.) On March 1, 2023, Plaintiff initiated this action, asserting a claim for negligence. On May 25, 2023, he filed his FAC, which asserts a claim for negligence. On Jun...

Excerpt: ...y party opposing the tentatve ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on the 27 September 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Orders On Motions of Defendants Avalara, Inc. and Intuit, Inc. for Summary Judgment. l. Statement of Facts On or about 7 November 2019, plaintiff April Mallord ("Plaintiff") was at defendant M Asian Fusion, a rest...

Excerpt: ...and six form interrogatories. The court GRANTS Stanford's motion, and the court GRANTS in part and DENIES in part the Meyers' motion. 1. Stanford's Motion to Compel Compliance (the "Mirror Drive") The court finds that the Meyers agreed to priNluce the "mirror drive" of Katie's laptop in responses verified under oath by both of them (on March 10, 2023) and then backtracked on this agreement, including expressly serving "amended" responses (on June...

Excerpt: ...3) ("Bridges against defendants Premier Nissan of San Jose, LLC ("Premier Nissan S'") and Troy Duhon ("Duhon") (collectively, "Defendants"). According to the allegations of Plaintiff's individual complaint, Defendants failed to provide Plaintiff all meal periods to which they were entitled, pay meal period premiums, provide employees all rest periods to which they were entitled, pay rest period premiums, pay minimum wages for all hours worked, pa...

Excerpt: ...press" agreed that KFEI would serve as a nonexclusive distributor of Cypress products to Japanese companies and their affliates. On November 25, 2019, KFEI filed a complaint against Cypress, alleging claims for: (1) Breach of Contract; and (2) Breach of the Covenant of Good Faith and Fair Dealing. On September 10, 2021, KFEI filed a First Amended Complaint against Cypress, which set forth the followng causes of action: (1) Breach of Contract; and...

Excerpt: ...Bakersfield, Kern Delta Water District, North Kern Water Storage District, Kern County Water Agency, and L Mark Mulkay ("Mulkay"), which sets forth a single cause of action for declaratory and injunctive relief. Specifically, Plaintiff seeks a judgment declaring that it holds valid pre-1914 appropriative rights on the South of Fork of the Kern River, it can change the point of diversion and place of use of its rights (provided it does not injure ...

Excerpt: ...rior Court ("Montano"); and (2) Attaway v. Alliance Residential, LLC, Case No. 20CV365134, Santa Clara County Superior Court ("Attaway"). Montano included a single cause of action for civil penalties under the Private Attorneys General Act ("PAGA"). The PAGA claim was based on allegedly deficient wage statements. Attaway set forth the following causes of action: (1) Failure to Pay All Overtime Wages; (2) Rest Period Violations; (3) Failure to Ind...

Excerpt: ...orked for defendant Konica Minolta Business Solutions USA ("Defendant") in California for the four years preceding the filing of the original Complaint on April 2, 2014. (First Amended Complaint, '17.) According to the operative First Amended Complaint, filed on October 29, 2015, Plaintiffs worked as service technicians for Defendant. (ld. at '1 5.) Defendant allegedly required Plaintiffs and similarly situated service technicians to drive their ...

Excerpt: ...llowing causes of acton: (1) Failure to Pay Wages for All Hours Worked, Labor Code sectons 204(b), 223, 1194, 1194.2 Wage Orders; (2) Failure to Pay Overtime Wages, Labor Code sections 510, 1194, 1198, Wage Orders; (3) Failure to Provide Meal Periods, or Pay Premium Wages in Lieu Thereof; (4) Failure to Provide Rest Breaks, or Pay Premium Wages in Lieu Thereof; (5) Failure to Provide Accurate Itemized Wage Statements, Labor Code section 226; (6) ...

Excerpt: ...sets forth the following causes of action: (1) Failure to Pay Minimum Wages [Cal. Lab Code SS 204, 1994, 1194.2, and 1197]; (2) Failure to Pay Overtime Compensation [Cal. Lab Code SS 1194 and 1198]; (3) Failure to Provide Meal Periods [Cal. Lab Code SS 226.7 and 512]; (4) Failure to Authorize and Permit Rest Breaks [Cal. Lab Code S 225.7]; (5) Failure to Indemnify Necessary Business Expenses [Cal. Lab Code S 2802]; (6) Failure to Timely Pay Final...

Excerpt: ...ion ("P"") and protected health information ("PHI") from unauthorized access. (First Amended Complaint ("FAC"), '1 4.) As a result of SARC's conduct, unknown and unauthorized persons allegedly accessed and viewed class members' PII and PHI through SARC's remote desktop portal. (ld. at 5 & 7.) On or about August 27, 2021, SARC provided notice of the security breach to over 57,000 people regarding the unauthorized access of their PII and PHI. (FAC,...

Excerpt: ... filed on November 4, 2021, sets forth the following causes of action: (1) Failure to Reimburse Business Expenses (Labor code S 2802); (2) UC Violations (Cal. Bus. & Prof. code SS and (3) PAGA Penalties (Labor Code S 2698 et seq.). The parties have reached a settlement. Plaintiff Valerie Boyer ("Plaintiff") moved for preliminary approval of the settlement. On August 30, 2023, the court continued the moton for preliminary approval of settlement to...

Excerpt: ...sing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than PM on the 25 September 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motion of Defendants J.T. Magen & Co., lnc and JTM Construction Group, Inc. For Summary Judgment. l. Statement of Facts. On or about 3 November 2020, plaintiff Carlos Castro ("Plaintiff") was an employee of Southland Ind...

Excerpt: ...(against Encore only); 2. Breach of Fiduciary Duty (against Vogel only); and 3. Declaratory Relief (against all Defendants). On March 27, 2023, the court heard Encore's demurrer to the complaint. The court overruled the demurrer to the second cause of action and sustained the demurrer to the third cause of action (based on application of the business judgment rule), with 10 days' leave to amend. In addition, the court denied Vogel's joinder to th...

Excerpt: ...e. Any party opposing the tentatve ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on the 25 September 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Orders On: (1) Defendant Caltrans' Demurrer To Plaintiff Tina Cacilhas's Second Amended Complaint; (2) Defendant Caltrans' Motion To Strike Portions Of Plaintiff Tina Cacilhas's Second Amended Complaint; and ...

Excerpt: ... their agent, supervising employees, and running daily operations. (FAC, 15.) Prieto was later appointed the CEO of TLCO 18, LLC. (Ibid.) Prieto was at all times a registered sex offender. (Ibid.) Defendants also hired Elias Rodriguez ("Rodriguez") who acted as the assistant manager of The Hut. (ld. at '1 24.) Rodriguez had been previously fired from another bar/restaurant for complaints of sexual harassment and was known to sexually harass his f...

Excerpt: ...and We Party, Inc. ("We Party"). Ren filed her original complaint on April 25, 2022 (Case No. 22CV397314), while she was represented by counsel. That complaint stated claims for: (1) Breach of Contract; (2) Breach of the Implied Covenant of Good Faith and Fair Dealing; (3) Promissory Estoppel; (4) Fraud; (5) Unfair Business Practice; (6) Unjust Enrichment; (7) Money Paid; (8) Accounting; and (9) Conspiracy. She alleged that defendants Wu, Hu, and...

Excerpt: ...ince it was Mr. Zubillaga, not Plaintiff, who had the attorney-client relationship with H&C; (2) the other matters in which H&C represented Plaintiff are not substantially similar to the current matter and the counsel inwlved in the other matters have no confidential information regarding Plaintiff; (3) H&C has erected an effective and timely ethical wall; and (4) Plaintiff waived its ability to move to disqualify H&C due to its extreme delay in ...

Excerpt: ...dministrator of GSH and a care custodian of Plaintiff. (SAC, 23.) On July 1, 2019, Plaintiff was discharged to White Blossom Care Center with complaints of stomach pain and a distended stomach; thereafter, Plaintiff's colon ruptured and he was throwing up black vomit. (SAC, 37.) On July 2, 2019, Plaintiff was returned to GSH, and required further operations, as well as placement on a colostomy bag and another bag to drain blood. (SAC, 38, 45.) Pl...

Excerpt: ...stees of the Leland Stanford Junior University and operated by defendant Stanford Health Care. The complaint, filed on October 5, 2020 by Sharif and Marghuba Razzaqui (collectively, "Plaintiffs"), 3 is a form complaint stating two causes of action—motor vehicle negligence and premises liability—against several named defendants and various Doe defendants. The first cause of action for negligence is alleged against all defendants, including the...

Excerpt: ...osition. The court finds the parties' briefing on this motion to be singularly unhelpful, with the parties mainly talking past each other and failing to explain clearly to the court exactly what remains to be resolved between the parties. For example, neither side's briefing actually addresses the language of Categories 1-4, 7, and 10. The lack of clarity may have been ameliorated with a separate statement, but as GM points out, Sanchez failed to...

Excerpt: ...pposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on the 25 September 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motion of Plaintiff to Compel Attendance at a Deposition Of Defendant's Person Most Qualified By Video With Production Of Documents and for Monetary Sanctions. l. Statement of Facts. On 17 December plaintiff was ...

Excerpt: ... August 26, 2021, Plaintiff injured his wrist while pulling down heavy boxes. (ld. at 25.) Thereafter, he notified his employers of his disability and/or medical condition and ultimately could no longer continue working as he was forced to leave his shift. (ld. at 26-27.) Plaintiff was terminated from his employment on August 26, 2021. (ld. at '1 28.) Plaintiff was employed by two business entities, each named as a defendant, and collectively ref...

Excerpt: ...th 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 the 20 September 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order On Defendants' Demurrer To Plaintiff's Complaint. l. Statement of Facts. On or about 16 October 2019, plaintiff Outertainment Construction, Inc. ("OCI") and defendant Valerie's ...

Excerpt: .... Pendar alleges that the County Medical Examiner took possession of Njawa Pendar's body shortly thereafter but failed to notify Pendar of his brother's death until December 26, 2022, more than three and a half months later. In his complaint, filed on April 10, 2023, Pendar asserts three causes of action against the County: (1) Negligence; (2) Negligent Infliction of Emotional Distress; and (3) Violation of the Unruh Civil Rights Act ("Unruh Act"...

Excerpt: ... party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:1N PM on the 20 September 2023. Please specify the issue to contested when calling the Court and Counsel. —0000000m Motion of Defendant Origo, LLC For Sanctions Pursuant to Code of Civil Procedure, S 128.7. l. Statement of Facts. Plaintiff The Carlton Group, Ltd. ("Carlton") is one of the world's leading real estate investment ban...

Excerpt: ...UND As alleged in the operative complaint, Plaintiff is currently employed as a Data Center Technician by Defendant, which operates data center facilities and provides data center investment services. (Complaint, 7.) Plaintiff has been employed with Defendant since November 13, 2019, and throughout her employment has been employed as an hourly, nonexempt employee. (Ibid.) She alleges that Defendant violated Section 226, subdivision (a), by failin...

Excerpt: ...yees for business expenses. Before the Court is Plaintiff's moton for approval of a settlement, which is unopposed. As discussed below, the Court is inclined to GRANT the motion, subject to changes to attorney's fees and the net settlement amount. VIII. BACKGROUND Plaintiff worked as a janitor for A1-Jay's from approximately 2015/2016 to September 15, 2021 and was classified as an hourly, non-exempt employee. (Complaint, '1 7.) He alleges that De...

Excerpt: ... 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's fees, costs, and service award. The motion is unopposed. As discuss below, the court GRANTS final approval. I. LEGAL STANDARDS FOR SETTLEMENT APPROVAL A. Class Action Generally, "questions whether a [class action] settlement was fair and reasonable, whether notce to th...

Excerpt: ... name "Findora." In Case No. 20CV372622 ("Ab-ttan"), 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, a former busi...

Excerpt: ...tiff presented the subject vehicle to GVVs authorized repair facility for concerns regarding the vehicle's transmission, infotainment and other various concerns, and the repair facility performed warranty repairs. (See FAC, '1 24.) On November 24, 2021, Plaintiff presented the subject vehicle to GM's authorized repair facility for concerns regarding the vehicle's transmission, electrical system and other various concerns, and the repair facility ...

Excerpt: ...692-1692p ("FDCPA"); and the California Rosenthal Fair Debt Collection Practces Act, California Civil Code sections 1788-1788.33 ("RFDCPA"). Before the Court is Ms. Guzman's motion to compel further document production responsive to requests for production of documents ("RPDs), Set Three, and CCS and CrossDefendants Patenaude & Felix and Todd Christopher Simonson's (collectively, "CrossDefendants") motion to seal certain limited records condition...

Excerpt: ...most of the fact witnesses and medical professionals are located in Texas; and (3) there is no private or public policy interest in having the case heard in California, this case should be brought in Texas. Plaintiffs oppose the motion. Legal Standard "In determining whether to grant a motion based on forum non conveniens, a court must first determine whether the alternate forum is a 'suitable' place for trial. If it is, the next step is to consi...

Excerpt: ... Mustard Seed Learning Center ("Mustard Seed") and Shuhuan Hsu, asserting breach of lease, breach of guaranty, breach of implied covenant of good faith and fair dealing and fraud. The Complaint alleges that on November 2, 2010 Bayshore and Mustard Seed entered a 10 year lease which commenced on July 21, 2012. (Complaint, "7, 10, Ex. A.) Mustard Seed leased the premises for the purpose of operating a commercial daycare and after school learning ce...

Excerpt: ...) on its property. By order dated April 4, 2023, the Court (Hon. Amber Rosen) granted Defendants' special motion to strike this complaint. Apparently, immediately upon receipt of this order, Plaintiff filed a paper which seems to ask the undersigned to set that ruling aside. There is no basis stated in Plaintiff's motion papers or otherwise that would support setting the April 4, 2023 ruling aside. Plaintiff's motion is therefore DENIED. II. Defe...

Excerpt: ...hn Shey-Tsuane Sun; and Christopher Shey-Tau Sun (collectively, "Defendants"). Plaintiffs brought the following seven causes of action against all Defendants: 1) Specific Performance; 2) Breach of the Implied Covenant of Good Faith and Fair Dealing; 3) Breach of the Lease Agreement; 4) Breach of Covenant of Quiet Enjoyment; 5) Intentional Interference with Prospective Economic Advantage; 6) Intentional Interference with Contract; and 7) Declarato...

Excerpt: ...ants, all of whom are former Trace3 employees, joined Sycomp, a competitor, after abusing and exploiting their privileged access to Trace3's computer networks and devices to misappropriate Trace3's trade secret and confidential information to the benefit of Sycomp. Before the Court are three separate motions to seal, as well as a motion to uphold confidentiality designations by Trace3, all of which are opposed by Sycomp.2 For the reasons discusse...

Excerpt: ...confirm. The basis for Signature's opposition (and petition to vacate) is the fact that the arbitrator who awarded the attorney's fees and costs to Silva, Jonathan Polland, supposedly failed to disclose the fact that he teaches an American Arbitration Association (AAA) class called "Everything an Advocate Needs to Know About Winning Attorney's Fees and Costs in an Arbitration." According to Signature, the very title of this class evinces a bias i...

Excerpt: .... The Court found Jane Sun to be the alter ego of Cherry Blossom. In the opening paragraph of the judgment, it defines "Jane Sun" as "JANE VEI-CHUN SUN, individually and as Co-Trustee of the Jarvis Holding Trust dated 5/15/2004 and as Co-Trustee of the Nixon Lucille Holding Trust dated 6/15/2004." On April 6, 2023, ASNM served post-judgment interrogatories, and post-judgment inspection demands on Jane Sun, and on May 9, 2023, Jane Sun served resp...

Excerpt: ...l; Discovery Motions filed on August 14, 2023 (Hon. Zayner) and is not repeated here. Court records show a trial conference scheduled for October 11, 2023, and a jury trial scheduled to begin October 16, 2023. Before the court is Defendant's motion for (1) an order compelling Plaintiff to withdraw its request to claw back three documents, ALORICA-01860037, ALORICA-01902906, ALORICA-01866965 (the "Clawed Back Documents"); (2) a finding that Plaint...

Excerpt: ... required notice. The Class Action Complaint ("Complaint"), filed on May 14, 2021, sets forth the following causes of action: (1) Violation of California Unfair Competition Law, Cal. Business & Professions Code SS 17200-17210; and (2) Declaratory Judgment. Plaintiffs Rakly Dominguez and Grace Dominguez (collectively, "Plaintiffs") have reached a settlement with defendants All-Pro Bail Bonds, Inc. ("All-Pro"), Bankers Insurance Company, and Banker...

Excerpt: ...flights. Plaintiffs Claire Reedy, Victoria Rosales, and Roman Chepulskyy (collectively, "Plaintiffs") contend that Defendant advertises that it does not charge "change fees" or "cancel fees" for fts plane tickets. They assert that they each purchased plane tickets from Defendant but they later had to cancel or reschedule their flights. They were issued travel credits which displayed expiration dates. Because customers may not be able to use their...

Excerpt: ...presented when the original complaint was filed. Vo brought a motion for preliminary injunction which was denied by the court (Judge Williams) on January 11, 2022. Defendant Truong then brought a demurrer to both causes of action alleged in the original complaint. Plaintiff Vo failed to file any opposition to this demurrer and on March 10, 2022 the court (Judge Kirwan) adopted its uncontested tentative ruling sustaining the demurrer with 10 days'...

Excerpt: ...t of alleged sexual abuse suffered by Plaintiff when she was a student at St. Aloysius. (FAC, 28.) In 1997, when Plaintiff was four years old, she participated in school related and after-school activites at St. Aloysius. (FAC, 28, 29.) Father Benedict Van Der Putten ("Van Der Putten") was a priest at St. Aloysius and he sexually abused and assaulted Plaintiff multiple times from 1997 to 1999, when Plaintiff was six years old. (FAC, 30.) St. Aloy...

Excerpt: ... Plaintiffs' original complaint was filed on January 27, 2021. It stated four causes of action: (1) Unjust Enrichment; (2) Negligence; (3) Fraud, and (4) Breach of Contract against two defendants, ATI and Berkeley Insurance Company, alleged to be ATI's bonding company. Attached to the complaint as exhibit A was a copy of the contract ("Work Proposal and Authorization") between Plaintiffs and ATI. The operative First Amended Complaint ("FAC") was ...

Excerpt: ...reet and 617 South Third Street in San Jose (the "Premises"). (SAC, '1 15.) The Property has always functioned as a funeral home. (SAC, '116.) The lease was signed between Plaintiff and the original lessors on August 1, 2007. (SAC, 16.) The lease was modified in October or November 2007. (SAC, '117.) Plaintiff made all rental payments for the first four years of the Lease and there were no objections to the timing or amount during these years or ...

Excerpt: ...r around March 19, 2021. In connection with that purchase, Plaintiffs allegedly entered a warranty contract with General Motors LLC Plaintiffs allege that during the warranty period, Vehicle manifested "[coeffects and nonconformities", "including but not limited to, the engine defects; the airbag defects; the break defects; the suspension defects; the infotainment defects; among other defects and nonconformities." (Complaint, 914.) Plaintiffs fil...

Excerpt: .... The operative Third Amended Complaint ("TAC"), filed on December 2, 2022, states single cause of action for negligent misrepresentation arising from the terminaton of Plaintiff's employment on July 29, 2019. (See TAC at '14.) The original Complaint, the First Amended Complaint ("FAC"), the Second Amended Complaint ("SAC"), and the Third Amended Complaint (TAC) list seven defendants: the Board of Trustees of the Leland Stanford Junior University...

Excerpt: ... opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 18 September 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motions of Plaintiff to: 1. Compel Defendants to Comply with This Court's Order of 20 July 2023; and 2. To Deem Requests for Admissions to ae Admitted. l. Statement of Facts. Plaintiff alleges that in April 2020, D...

Excerpt: ...f the Song-Beverly Act breach of implied warranty, and (3) violation of the Song-Beverly Act section 1793.2 against General Motors, LLC ("GM"). Plaintiffs claim a 2018 Chevrolet Silverado ("Vehicle") they purchased on May 27, 2019 was delivered with "serious defects and nonconformities to warranty and developed other serious defects and nonconformities to warranty including, but not limited to, engine, electrical, emission, suspension, and transm...

Excerpt: ...en opposition. As discussed below, the Court DENIES the motions. l. BACKGROUND As set forth in the operative Complaint, Plaintiff is wholly owned by Pramod Anand ("Anand"). (Complaint, '1 1.) Defendants Cooper, Holmes, and Nijmeh are each equity owners and managers of defendant SVFFC. (ld., 2-5.) On May 23, 2018, Cooper and Holmes contacted Anand with an investment opportunity. (ld., 12.) They promised a 25% return on a six-month investment of $5...

Excerpt: ...th 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 18 September 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Cross Motions of plaintiffs/Cross-Defendants ProHealth Care, Inc. and ProHealth Home Care, Inc. and Defendant/cross-complainant Malalai Olomi a.k.a. Malalai Mohideen Concerning G...

Excerpt: ...("TAC"). Dart opposes the motion. For the reasons discussed the Court DENIES Plaintiff's motion. l. BACKGROUND A. Factual According to the operative complaint, Dart is a Michigan corporation with principal place of business in Michigan, but does business in California. (Second Amended Class and Representative Acton Complaint ('SAC"), 7, 9.) When Plaintiff applied for employment with Defendant on 14, 2013, he was required to fill out a disclosure ...

Excerpt: ...ns tailored to consumers' needs. HQ operated as part of a common enterprise with its four subsidiaries, Health IQ Insurance Services lnc„ Health IQ Administrative Services Inc., Health IQ RE Inc., HIQ SPV Insurance Services. (FAC '1 11-26, 31.) On April 6, 2022, Plaintiff and HiQ entered into a Lead Purchase Agreement ("Agreement") under which Plaintiff agreed to provide HiQ leads to potential customers. (ld. '1 32 & Ex. 1, Pg. 1.) Although HIQ...

Excerpt: ...n 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 13 September 2023. Please specify the issue to be contested when calling the Court and Counsel. —oooOtno— Orders on: 1. Defendant California Highway Patrol's Demurrer To First Amended Complaint; and 2. By Defendant Kermit Edwards/ Demurrer To Plaintiff's First Amended Complaint. l. Statement of Facts. At all ...

Excerpt: ...rchard City Holdings, Inc. at an unspecified date. (ld. at 8.) Hix worked for RealPage as a "System Administrator" from September 2017 until his termination on September 30, 2019. (Ibid.) On March 3, 2020, an amendment substituted "Orchard City Holdings, Inc." ("Orchard") in place of Doe 1. On April 14, 2021, an amendment substituted "Thomas Harrington" for Doe 2 and "Jonathan Harrington" for Doe 3 (collectively, "Harrington Defendants"). Current...

Excerpt: ...filed on February 7, 2022, the Court granted Defendants' special motion to strike the Complaint pursuant to Ctxle of Civil Procedure section 425.16 (the "anti-SLAPP statute" or "Section 425.15") and Plaintiff appealed. The Court's order was affirmed on appeal. Defendants now move for attorney fees and costs incurred on the appeal pursuant to the ant-SLAPP statute. The moton is unopposed. For the reasons discussed below, the court GRANTS the motio...

Excerpt: ...aritan, LLC (Super. Ct. Santa Clara County, No. 17CV314186) (Richert). Ms. Richert is represented by the same counsel who represent Plaintiff here. She alleges that, during pay periods when she received overtime wages, her wage statements failed to identify the accurate total hours worked as required by the Labor Cade. Based on these allegations, she brings (1) a putative class claim for violation of Labor Code section 226 ("Section 226") and (2)...

Excerpt: ...c access to the record" and "[al substantial probability exists that the overriding interest will be prejudiced if the record is not sealed." CRC 2.550(d); see Overstock.com, Inc. v. Goldman Sachs Group, Inc. (2014) 231 Cal. App. 4th 471, 487 (Court must make express findings of the 2.550(d) factors and identify the facts supporting its issuance of sealing order). Under CRC 2.551(a), a court cannot permit the sealing of a record based solely on t...

Excerpt: ...er individual claims; (2) dismissing her class claims; and (3) staying the achon pending completion of the individual arbitration. Plaintiff nominally opposes the motion, insisting that is moot because she dismissed her class claims and added a representative PAGA claim after Wraplify filed the instant motion. BACKGROUND A. Factual Wraplify is a delivery service based in Milpitas that makes lual-only deliveries in California for its clients. Acco...

Excerpt: ...os' moton to compel further responses to various requests for production of documents on Mach49 and Next 15. As discussed below, the motion is GRANTED IN PART and DENIED IN PART. l. BACKGROUND A. Factual According to the allegations of the operative First Amended Complaint ("FAC"), Mach49 is a startup company founded by Mr. Yotopoulos and defendants Linda Yates, Russell Lampert, and Brad Sharek (collectively referred to as the "Founder Defendants...

Excerpt: ...g of decedent Hugo Amaya ("Decedent"). Plaintiff Karen Amaya is Decedent's sister. (SAC, '1 1.) Around August 6, 2021, Decedent contracted COVID-19 and he was admitted to Kaiser-San Francisco and then transferred to Kaiser-Santa Clara. (SAC, 9, 11.) The same day, Decedent granted power-of-attorney to Amaya. (SAC, 61.) From October 2021 to January 26, 2022, Defendants constantly threatened to "pull the plug" on the Decedent. (SAC, 17.) On January ...

Excerpt: ...settlement agreement allegedly entered to resolve a lawsuit Cross-Defendant Kleidman filed in 2013. According to the Cross Complaint brought by Nitin Shah, Don Cook, E.J. Von Schaumburg, Feeva Technology ("Feeva"), Michael Maidy, Timothy Cox, Martin Pichinson, Bernie Murphy, Sherwood Management, LLC, Sherwood Partners, LLC ("Sherwocff), FeevT (Assignment for the Benefit of Creditors), LLC ("FeevT"), Estate of Robert Quist, David Becker, Becker Le...

Excerpt: ...Diamond Elevator propounded to Defendant John Construction, lnc„ its Form Interrogatories, which included a Request for Admissions, Special Interrogatories, and Requests for Production, Set One. When Defendant did not respond to the discovery, Plaintiff filed its motion to compel. Defendant failed to file an opposition to the motion to compel. A hearing on the motion was held on August 1, 2023. At the hearing, Judge Chung continued the motion t...

Excerpt: ... damage or loss under two builders risk insurance issued by Respondent American Zurich Insurance Company. (Petition, "2-3, Ex A.) The provided replacement cost coverage up to a stated limit of $9CWW for all risks of direct physical loss to the Property not specifically excluded or excepted, including physical loss or damage caused by water escaping from a plumbing system and for additional coverage for other types of stated losses above the $900,...

Excerpt: ... against defendants CA FG8 Operation, LLC and CA FG8 Sunnyvale, LLC (collectively, "Defendants") on behalf of any and all persons who are or were hourly, non-exempt employees who worked in Defendants' restaurant locations in California. (Complaint, '1 2.) Plaintiff alleges that Defendants implemented policies and practices that resulted in the failure to pay minimum wages, failure to provide lawful meal periods, failure to timely pay wages during...

Excerpt: ...dlong") (collectively, "Plaintiffs") filed a Complaint alleging causes of action for: (1) Failure to Pay Minimum Wage (Lab. Code S 1194 and IWC Wage Orders); (2) Failure to Pay Overtime (Lab. Code SS 510, 1194); (3) Failure to Provide Authorized Meal Periods (Lab. Code SS 226.7, 512, IWC Wage Orders); (4) Failure to Provide Authorized Rest Periods (Lab. Code SS 225.7, 512, IWC Wage Orders); (5) Failure to Pay All Wages upon Discharge (Lab. Code S...

Excerpt: ...) and Peter Wh-te ("White") (collectively, "Plaintiffs") on June 28, 2023, sets forth causes of action for: (1) Failure to Pay Prevailing Wages, Lab. Code S 1720 et seq.; (2) Unfair Competition, Business & Professions Code SS 17200-09; and (3) Violations of the Labor Code Private Attorneys General Act of 2004, Lab. Code SS 2698 et seq. On August 28, 2023, the court granted Plaintiffs' request for dismissal of White's claims without prejudice. Now...

Excerpt: ...ed on December 14, 2021, sets forth causes of action for: (1) Failure to Pay Minimum Wages; (2) Failure to Pay Overtime Compensation; (3) Failure to Provide Meal Periods; (4) Failure to Authorize and Permit Rest Breaks; (5) Failure to Indemnify Necessary Business Expenses; (6) Failure to Timely Pay Final Wages at Termination; (7) Failure to Provide Accurate Itemized Wage Statements; (8) Unfair Business Practices; and (8) Civil Penalties Under PAG...

Excerpt: ...3, 2023, at 1:30 p.m. in Department 19. The court now issues its tentative ruling as follows: l. INTRODUCTION These are two coordinated cases arising out of alleged Labor Code violations. On June 11, 2015, plaintiff Adrian Turner ("Turner") filed a putative class action against her former employer, defendant Corinthian International Parking Services, Inc. ("Defendant"), alleging various Labor Code violations in 2015 ("Turner Acton"). On January 2...

Excerpt: ...nd hour action against defendants Stevens Creek Quarry, Inc. and Richard A. Voss (collectively, "Defendants"). On March 29, 2018, Shuff filed a First Amended Complaint, adding John Howland ("Howland") as a plaintiff and class representative. Howland and Shuff were dismissed as plaintiffs on April 24, 2019 and November 1, 2019, respectively. On November 6, 2019, the Second Amended Complaint was filed, adding Christopher Bryan ("Bryan") as a plaint...

Excerpt: ... forth the following causes of action: (1) Failure to Pay All Wages Owed; (2) Failure to Provide Meal and Rest Periods; (3) Failure to Pay Wages on Separation; (4) Failure to Maintain Accurate Time Records; (5) Failure to Provide Accurate Itemized Wage Statements; (6) Recovery Under Private Attorneys General Act (PAGA); and (7) Unfair Competition Law. Defendants demurred to each and every cause of action of the Complaint on the ground of failure ...

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 11 September 2023. Please specify the issue to be contested when calling the Court and Counsel. Motion to Strike, or in the Alternative, Demurrer to the First Amended Cross-complaint by Plaintiff and Cross-Defendant Catherine Adams. l. Statement of Facts. A. First Amended Complaint. Plaintiff Catherine Adams ("Plaintif...

Excerpt: ...se. 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 11 September 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motion of Plaintiff to Quash/Modify Deposition Subpoena Served on Robert A. Rovner, M.D. l. Statement of Facts. On 18 April 2023, Dr. Rovner examined plaintiff and concluded that plaintiff did not requ...

Excerpt: ...cal examination of Souza is directly relevant to her claim of damages and that good cause exists to GRANT the motion under Code of Civil Procedure section 2032.320. Souza raises a number of arguments in opposition to the motion, none of which alter the court's decision. First, Souza argues that Jepson did not adequately meet and confer before filing this motion. The court finds otherwise. Although the correspondence and discussions on March 21 an...