Excerpt: ... filed the operati ve First Amended Complaint (“FAC”) against defendants Grocery Delivery EServices USA, Inc. and Insperity Business Services, L.P. on March 18, 2020. The FAC sets forth the following causes of action: (1) Violation of 15 U.S.C. §§ 1681b(b)(2)(A) (FCRA); (2) Violation of 15 U.S.C. §§ 1681d(a)(1) and 1681g(c) (FCRA); (3) Failure to Provide Meal Periods (Lab. Code §§ 204, 223, 226.7, 512 and 1198); (4) Failure to Provide ...

Excerpt: ...tional”), and Topgolf USA El Segundo (“Topgolf El Segundo”) (collectively, “Defendants”), which sets forth a single cause of action for Violation of the California Labor Code Private Attorneys General Act of 2004 (Cal. Lab. Code §§ 2698, et seq.). Plaintiff alleges that he wa s employed by Defendants and Defendants engaged in a systematic pattern of wage and hour violations by failing to pay all wages (including minimum wages and over...

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 04 March 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Motion of Plaintiff Santa Clara Valley Open Space Authority for Immediate Possession of Property. I. Statement of Facts. Plaintiff filed this eminent domain complaint on 17 November 2023.1 Plaintiff al...

Excerpt: ... owned by Yan Jian, together with her husban d and children, referred to as the “Chen Family.” (Id. at ¶ 2.) In March 2019, GFL leased the Property to Blueprint, so it could operate a hotpot restaurant called Tian Fu Xiang Hotpot (“TFX”). (Id. at ¶¶ 27, 44.) Shi is the owner of Blueprint. (Id. at ¶ 4 .) In order to obtain possession of the Property, Shi first interfered with GFL's sale agreement with a potential buyer of the Property...

Excerpt: ...et, 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 March 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Order On Defendants' Demurrer to Plaintiff's First Amended Complaint. I. Statement of Facts. Defendant Artson Group International Trade, Inc. (“Artson Group”) was formed in 2004 at the direction of...

Excerpt: ...ion: (1) Breac h of Contract; (2) “Unauthorized charges to credit card on file with A Tool Shed,”; (3) Breach of the Implied Covenant of Good Faith and Fair Dealing; (4) “Unfair Debt Collection Action”; and (5) “Disparagement and Emotional Distress.” Although there are three named defendants in the complaint, all five causes of action are asserted against only ATS. There are also cross -complaints. On September 29, 2023, defendants ...

Excerpt: ...ssed, abused and molested by McQuigg both on and off the premises of MHS. (See complaint, ¶¶ 16 -18.) In August 2023, McQuigg was arrested and charged with sexually abusing and molesting a minor student at MHS. (See complaint, ¶ 26.) On August 3, 2023, Plaintiff filed a complaint against defendants District, and McQuigg (collectively “Defendants”), asserting causes of action for: 1) Negligence, negligent supervision, negligent hiring and/...

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 04 March 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Order on Defendants Kho Liep Chok and Ya Hui Tu's Motion for Summary Adjudication. I. Statement of Facts. Plaintiffs Michael Yelavich and Linda Yelavich (“Plaintiffs”) are a married couple who have owned th...

Excerpt: ...d and/or distribut ed by Kia. (First Amended Complaint (“FAC”), ¶6.) Morales received an express written warranty which, among other things, covered the Theta 2.0 -liter and 2.4 -liter direct injection engines (“2.0L and/or 2.4L GDI Engine”) and transmission. (FAC, ¶ 7.) A ccording to the complaint, during the warranty period, the Subject Vehicle contained or developed defects that substantially impaired the use, value, or safety of the...

Excerpt: ...opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 04 March 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Order on Motion of Plaintiff to Compel Defendant to Pay Expert Deposition Witness Fees. I. Statement of Facts. This complaint was filed on 14 October 2020.1 Plaintiff, a non -English speaking Colombian immigrant, was hired b...

Excerpt: ...Cal.App.3d 243, 245-246. A plaintiff's choice of venue is “presumptively correct.” Id. At 247. The burden of proof is on defendant. Defendants first claim that venue must be transferred because it is not proper pursuant to CCP section 395.5. Under 395.5, a plaintiff must bri ng its case where the contract was made or performed, where the obligation or liability arose or where the breach occurred, or in the county where the principal plac...

Excerpt: ... 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 22 January 2024. Please specify the issue to be contested when calling the Court and Counse l. --- oooOooo --- Order on Defendants' Special Motion to Strike Complaint. I. Statement of Facts. Plaintiffs Gurmail Singh Khalsa (aka Gurmail Singh Bath) (“Khalsa”) and Harpal Singh Chahal (“Chahal...

Excerpt: ...ation Act (“CAA”) and the California Code of Civil Procedure (“CCP”) section 1280, et seq., is DENIED. Defendant's motion pursuant to 9 U.S.C. section 3 and CCP section 1281.4 for a stay in this action is DENIED. Legal Standards Both federal law and California law favor the enforcement of valid arbitration agreements. The United States Supreme Court has often reaffirmed the long - standing “liberal federal policy favoring arbitration,�...

Excerpt: ...ains are 9 2 requests for admissions (originally 123 requests), a form interrogatory (No. 17.1, which is based on the RFAs), and a request for production of documents that is also based on the RFAs. This is in addition to 35 RFAs for which Miller previously already provided responses. Although this case has been pending since June 29, 2020 —i.e., for three years and eight months— Duraipandan served this latest set of discovery requests on Jan...

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 28 February 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo --- Order on Motion of Plaintiff for Reconsideration of Order Granting Attorney's Fees to Defendants (Code of Civil Procedure, §425.16); Motion of Defendant for Reconsideration Of Order Granting Attorn...

Excerpt: ...d omissions (see c omplaint, ¶ 14) and defendant Lisa M. Flores' (“Flores”) negligent failure to maintain, inspect, repair and warn of the dangerous condition of the subject property (see complaint, ¶¶ 20 -23). On October 21, 2021, Plaintiff presented a claim for damages wit h defendant City of San Jose (“City”) in compliance with Government Code section 911.2, and, on November 10, 2021, City sent written noticed rejecting Plaintiff's ...

Excerpt: ...t 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 28 February 2024. Please specify the issue to be contested when calling the Court and Counsel. --- o ooOooo --- Order On Motion of Plaintiff for Summary Judgment/Summary Adjudication. I. Statement of Facts. This motion is not opposed. Plaintiff filed this complaint on 05 December 2022.2 Diane E. Holm...

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 28 February 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Orde r on Motion of Defendants to Strike Portions Of Plaintiff's Complaint. I. Statement of Facts. Plaintiff Kyle Roberts (“Roberts”) alleges that on 25 October 2021, defendant Wyatt Perkins (“Perki...

Excerpt: ...) failure to provide meal periods, (6) failure to provide rest breaks, (5) failure to pay wages due upon termination; (8) failure to issue accurate and itemized wage statements, (9) failure to indemnify, and (10) unlawful business practices in violation of California Business and Professions code § 17200. Defendant asserts this matter must be sent to arbitration and the litigation stayed because Plaintiff entered an arbitration agreement at the ...

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 28 February 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Order on Motion of Plaintiff To Compel Defendant to Provide Further Responses To Discovery Requests. I. Statement of Facts. Plaintiff filed this complaint on 19 May 2022.3 He alleges that on 05 Novem...

Excerpt: ... this lawsuit. Wh ile this case was pending, Mr. Wu left Bitmain and is now the Chief Executive Officer, Chief Financial Officer, and Secretary of Non- Party Bitdeer. Bitmain has evidence from its discovery of Cryplex that Cryplex contacted Mr. Wu at Bitmain to discuss this lawsuit, including “litigation funding”, “acquisition of claims”, or “business transactions.” Bitmain seeks to obtain further discovery on these topics directly fr...

Excerpt: ...5) Private Nuisance; (6) Public Nuisance; and (7) Breach of Contract. All seven causes of action are alleged against all defendants. Two of the defendants, Hilton Worldwide Holdings, Inc. (“Hilton Worldwide”) and Park Hotels and Resorts (“Park Hotels”), brought a joint motion to quash service of summons based on lack of personal jurisdiction on August 17, 2022. Yau did not file any opposition to the motion, and this court (Judge Kirwan) ...

Excerpt: ...an 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 28 February 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Motion of Defendant/Cross -Complainant Century Park Ambulatory Surgical Center, LLC for Order Setting Aside and Vacating Default and Default Judgment and for Leave to File an Answer and Amended Cross -Co...

Excerpt: ...ussed below, the motion is GRANTED. I. BACKGROUND A. Related Case In August 2017, another Samaritan employee, Jennifer Richert, filed a similar action related to her wage statements, Richert v. Samaritan, LLC (Super. Ct. Santa Clara County, No. 17CV314186) (Richert) . Ms. Richert is represented by the same counsel who represent Plaintiffs here. She alleges that, during pay periods when she received overtime wages, her wage statements failed to i...

Excerpt: ...o GRANT the motion, given that Singh's original answer was filed when he was self - represented, and his proposed amended answer has now been prepared with the assistance of counsel. In addition, there is no discernible prejudice to Ruiz arising from the amendment. S ingh shall file his pleading within 10 days of this order —i.e., by no later than Monday, March 11, 2024. As for the motion to withdraw the admissions, Ruiz opposes the motion, a...