Excerpt: ...l of these motions are opposed. As discussed below, the Court DENIES MCM's motion for summary judgment and GRANTS Plaintiff's motion for class certification. Since neither of these rulings relies on Ms. Fisher's declarations, MCM's motion to strike is MOOT. I. BACKGROUND A. Factual According to the complaint, Plaintiff is alleged to have incurred debt associated with a consumer credit account issued by Capital One Bank (USA), N.A. (First Amended ...

Excerpt: ...ailing party under the SBA and the CCP § 998 offer Plaintiffs accepted entitles them to recover their attorneys' fees, costs, and expenses. Defendants Ford Motor Company et al (Defendants) do not dispute that Plaintiffs are the prevailing parties and entitled to seek an award of fees costs and expenses under the applicable law and the terms of the Settlement Agreement. However, Defendants dispute the amount of fees being sought based on the numb...

Excerpt: ...”) originally also included New York Life Insurance Company (“NY Life”), the company that issued the policy, as a defendant but NY Life is no longer in the case. Plaintiffs' original and still operative Complaint in the 2018 case was filed November 5, 2018 and stated three causes of action: 1) Declaratory Judgment; 2) Prohibitory Injunction (against NY Life only), and; 3) Mandatory Injunction (against NY Life only). On March 11, 2019 the Co...

Excerpt: ...nd configuration issues in identity and access management layers across different Cloud platforms. (FAC at ¶ 9.) Continued reliance on the Cloud to store data made the Technology potentially lucrative. (Ibid.) In April 2015, Plaintiff validated the commercial feasibility of the Technology and began working full time to develop a prototype. (FAC at ¶ 10.) In that regard, Plaintiff desired to create a team to help develop the prototype. (Ibid.) P...

Excerpt: ...the allegations of the underlying TAC, Francis is the former head pastor and board chairman of the Church. (TAC, ¶¶ 11.) Hungsun is Francis' wife and she handled financial matters for SJKCC. (TAC, ¶ 13.) Kim and Jung are former board members and chief financial officers of the SJKCC. (TAC, ¶ 12.) Austin is an agent for an entity named Healing Hands Dental Mission, Inc. (“HHDM”). (TAC, ¶ 14.) Park is Austin's wife and she, along with Hung...

Excerpt: ... trust. The note and deed of trust were signed by Saul Flores on behalf of Overlook. On April 24, 2019, the note was superseded by updated note executed by Overlook. The deed of trust and updated note each have a provision for award of attorneys' fees and costs. The provisions for attorneys' fees and costs are included in the deed of trust attached to the operative complaint and referenced in the declaration of attorney for plaintiff submitted in...

Excerpt: ...ich is unopposed. As discussed below, the Court requires more information to evaluate the settlement. I. BACKGROUND Plaintiff alleges that Defendant failed to provide her and other non‐exempt employees with required meal and rest periods. (First Amended Class Action Complaint (“FAC”), ¶¶ 34– 37, 46.) Defendant also failed to pay required minimum and overtime wages and to timely pay all wages owed during employment and at discharge or re...

Excerpt: ...“Complaint”), on February 13, 2019, Dr. Farris performed a total right knee arthroplasty on Plaintiff. (Complaint, ¶ 6.) Approximately three months later, on May 10, 2019, Plaintiff went to the emergency room due to problems in her right knee and was informed that the arthroplasty had not been performed correctly. (Id.) Plaintiff alleges that the arthroplasty was performed negligently, causing misalignment and misplacement of the knee, resul...

Excerpt: ...anded on the roadway causing severe and permanent injuries. (Id.) The pathway was owned, maintained, controlled, transferred, designed, built, patrolled, funded and/or operated by defendant City of Palo Alto (“City”). (See SAC, ¶ 2.) In a deposition in January 2020, it was discovered that defendants URS Corporation (“URS”), Anderson Pacific Engineering Construction, Inc. (“APEC”) and AAA Fence Company, Inc. (“AAA”) carelessly and...

Excerpt: ...bove‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on August 10, 2022 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This personal injury action brought by plaintiffs James W. Lynn (“Mr. Lynn”) and Sheelagh Lynn (collectively, “Plaintiffs”) arises out of Mr. Lynn's malignant mesothelioma, which was allegedly caused by exposure to asbestos. The operative F...

Excerpt: ...g as follows: I. INTRODUCTION This is a putative class action for alleged violations of the Fair Credit Reporting Act (“FCRA”). Plaintiff Desire Oyero (“Plaintiff”) alleges that defendant Pride Industries (“Defendant”) routinely acquires consumer, investigative consumer, and/or consumer credit reports to conduct background checks on Plaintiff and other employees and uses information from the reports in connection with the hiring proce...

Excerpt: ...ion involving the following cases: (1) Harbour v. SOS Security, LLC, et al., Case No. 19STCV33232, Los Angeles County Superior Court (“Harbour”); (2) Williams v. SOS Security, LLC, et al., Case No. 20CV362050, Santa Clara County Superior Court (“Williams”); (3) Marmolejo, et al. v. SOS Security, LP, Case No. 20CV367423, Santa Clara County Superior Court; 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 (4) Muse...

Excerpt: ...��the Estate”). (FAC at ¶ 2.) Defendant Central Concrete Supply, Inc. (“Central Concrete”) is a motor carrier and owner of commercial trucks with its principal place of business in Santa Clara County. (Id. at ¶ 3.) Defendant Roberto HuertaGarcia (“HuertaGarcia”) is a Central Concrete employee.4 (Id. at ¶ 4.) Defendant Vulcan Materials Company is the parent company of Central Concrete. (Id. at ¶ 5.) On June 23, 2020, defendant Huerta...

Excerpt: ...) denied with prejudice Plaintiff's application for a right to attach order and order for writ of attachment. Currently before the Court is a demurrer to the Complaint by Defendants NC Fit, Inc. fka Khalipa, Inc., NC Fit Group, Inc., and Jason Khalipa (“Defendants”) filed on May 4, 2022. The demurrer is opposed by Plaintiff. I. Request for Judicial Notice “Judicial notice may not be taken of any matter unless authorized or required by law.�...

Excerpt: ...or assistance with locating and jointly acquiring income generating and long‐term equity growth properties. (Complaint at ¶ 10.) Defendant Kao wished to use Plaintiff's expertise in real estate, as well as his capital contributions, since she did not have sufficient funds to purchase any properties on her own. (Ibid.) Defendant Kao previously worked as Plaintiff's CPA and thus he had trust and confidence in her professionalism, ethics, and int...

Excerpt: ...of action: (1) Professional Negligence; (2) Breach of the Implied Covenant of Good Faith and Fair Dealing, and; (3) Reformation of Contract. The FAC also added Travelers Insurance Company of America (“Travelers”) as a defendant under the second and third causes of action. Currently before the Court is Travelers' demurrer to the FAC, which is opposed by Plaintiffs. I. Demurrer to the FAC The Court in ruling on a demurrer treats it “as admitt...

Excerpt: ...the tentative ruling must call Department 8 at 408.808.6856 and the opposing party no later than 4:00 PM on 8 August 2022. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON DEMURRER OF DEFENDANT SANDRA FRANCES KERRIGAN TO PLAINTIFF'S SECOND AMENDED COMPLAINT I. Statement of Facts. On or about 3 July 2007, plaintiff Yvonne Kerrigan (“Plaintiff”) and defendant Sandra Frances Kerrigan (“Defendant”) entered...

Excerpt: ...he tentative ruling must call Department 8 at 408.808.6856 and the opposing party no later than 4:00 PM on 8 August 2022. Please specify the issue to be contested when calling the Court and Counsel. BACKGROUND Before the court is Defendant's motion to dismiss the complaint for failure to prosecute pursuant to Code of Civil Procedure Section 583.410. Plaintiff filed a First Amended Complaint (hereinafter, FAC) after a demurrer with leave to amend ...

Excerpt: ...aintiffs”) (self‐represented), husband and wife, reside at real property located at 121 Vista Del Lago in Los Gatos, California. (FAC at ¶¶ 2, 26.) Plaintiff Ronen purchased the subject property on January 28, 1994. (Id. at ¶ 28.) While difficult to determine, Plaintiffs allege multiple defendants, including banks and other financial institutions, intentionally conned, tricked, and maliciously deceived plaintiff Ronen into signing fraudule...

Excerpt: ...onto the property located at 14105 Columbet Avenue in San Martin (the “Ranch”), pursuant to an agreement with the property manager at the time. (Complaint, ¶ 10.) In or around December 2019, UFA purchased the premises.1 (Ibid.) After UFA gained title to the Ranch, Castillo and Plaintiff formed a verbal agreement allowing him to live on the property in exchange for labor completed around the Ranch. (Complaint, ¶ 11.) Pursuant to the agreemen...

Excerpt: ...ay Plaintiff for such services. (See FAC, ¶ 7.) Plaintiff provided legal services and advanced costs and expenses for District and invoiced District for those services, costs and expenses. (See FAC, ¶ 8.) District has failed to pay the remaining balance of Plaintiff's legal invoices, totaling $336,016.42 in unpaid legal fees and costs, as well as the contractually agreed service charge and interest. (See FAC, ¶ 9.) On May 1, 2019, Plaintiff se...

Excerpt: ...out Plaintiffs' consent, Defendants maintained a retaining wall on Plaintiffs' property (the “Property”) and refused to remove it when Plaintiffs demanded they do so. (TAC, ¶ 3.) Defendants maintain that they were given consent to enter the Property while Plaintiffs argue that such consent was revoked when they sent a letter to Defendants on March 26, 2019 demanding that they remove the retaining wall. (Id., ¶ 4.) Defendants failed to respo...

Excerpt: ... Magic Sands MHP LLC (hereinafter GBR) filed its Opposition to the Motion for Writ on July 27, 2022 along with its own Request for Judicial Notice. On August 2, 2022, Plaintiffs filed a Reply to the Opposition to the Motion for Writ, filed Objections to GBR's Request for Judicial Notice, and filed another Request for Judicial Notice in Support of its Reply. GBR filed a Reply to the Objections to its Request for Judicial Notice on August 2, 2022. ...

Excerpt: ... party opposing the tentative ruling must call Department 8 at 408.808.6856 and the opposing party no later than 4:00 PM on 8 August 2022. Please specify the issue to be contested when calling the Court and Counsel. BACKGROUND Before the Court is Plaintiff's Motion to Compel Responses to Form Interrogatories, Set One and Request for Production of Documents and Things, Set One from Defendant Fry's Electronics (“Defendant”). The motion requests...

Excerpt: ...mended Complaint and portions of its Cross‐Complaint. As discussed below, the Court GRANTS Cypress's motion. I. LEGAL STANDARD “The court may order that a record be filed under seal only if it expressly finds facts that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding inte...