Excerpt: ...attending physician, Dr. Ngai Nguyen (“Dr. Nguyen”). (Ibid.) Dr. Nguyen determined that Huynh needed to be placed in a facility with skilled nursing care for his rehabilitation. (Ibid.) Dr. Nguyen recommended Mission De La Casa Nursing Center (“Mission”) to Huynh of which Dr. Nguyen wholly owns and controls. (Ibid.) Dr. Nguyen stated Huynh would be discharged from the nursing facility when he was stronger. (Ibid.) Dr. Nguyen told Huynh an...

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 28 July 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Orders on Defendant TLC of the Bay Area, Inc. DBA Valley House Rehabilitation Center's: 1. Demurrer to Plaintiff's First Amended Complaint; and 2. Motion to Strike Portions of Plaintiff's Fi...

Excerpt: ...ed and scarred by hot wax spilling from an allegedly faulty pouring can. (FAC, GN9.) Specifically, Plaintiff alleges the following causes of action: 1. General Negligence 2. Strict Products Liability 3. Strict Liability for Defect in Design, Manufacture, and Assembly 4. Strict Liability for Defect Based on Failure to Warn of Danger 5. Strict Liability for Defect Based on Instructions on Assembly or Use that were Inadequate to Avoid Danger or Inju...

Excerpt: ...‐Tenant Lease‐ Gross (the “Lease”) with Defendant. (FAC, ¶ 6.) Pursuant to the Lease, Plaintiff agreed to lease approximately 20,710 square feet of industrial office and warehouse building and yard space at 2240 Paragon Drive in San Jose, California (the “Premises”) for bicycle sales and storage for an initial term of five (5) years. (FAC, ¶¶ 5, 6.) An addendum (“Addendum”) was attached as part of the Lease. (FAC, ¶ 7.) Paragr...

Excerpt: ...ith a covenant not to compete for a period of 5 years within 200 miles of the business, in exchange for payment of $20,000. (See complaint, ¶¶ 4‐11, exh. A.) On not less than two occasions after executing the May 11, 2021 agreement, Defendant contracted with outside parties for the construction of custom cabinetry without the knowledge and consent of Plaintiff, receiving money as consideration for the production of the cabinets, knowing that ...

Excerpt: ...nd hour violations. Plaintiff David Xiqui Vasquez (“Plaintiff”) started working as a kitchen cook for defendant The Province LLC (“Province”) on or around May 2021, and his employment ended on or around August 6, 2021. (Complaint, ¶ 10.) Defendant Paul Reddick (“Reddick”) is an owner, director, officer, and/or managing agent of Province. (Id. at ¶ 6.) During his employment Plaintiff was classified as an hourly, non‐exempt employee...

Excerpt: ...Quantum through a company called Havelsan, that Quantum was losing money, that the Turkish company did not know what to do with Quantum, and that Kose was engaged to turn the company around but was not yet formally hired by Quantum. (See initial complaint, ¶ 12.) Kose and Hassan briefly discussed SSI's KnotSuite application, and Kose stated that Havelsan could bring KnotSuite to market in Turkey. (See initial complaint, ¶ 13.) On August 16, 201...

Excerpt: ...defendant Sanctuary Systems LLC (“Sanctuary”). (Id.) Between January 2020 and April 2020, Sanctuary, defendant 305 Consulting LLC (“305 Consulting”), defendant Benham Pourdeyhimi (“Pourdeyhimi”), defendant Bryan Sigler (“Bryan”), and defendant Robert Sigler1 (“Robert”) made representations to Plaintiffs that: (1) Sanctuary was an industry leader in the design, manufacture, testing, and distribution of respiratory mask material...

Excerpt: ...ndants and various Doe defendants. As a form complaint it provides limited information. The first cause of action for motor vehicle negligence is alleged against all defendants, including the various Does. The narrative portion of the attachment for the first cause of action alleges in pertinent part that Defendant “Bang Zuan Ngo was careless in his attention, perception, knowledge, memory, skill, safety judgment and otherwise negligent in the ...

Excerpt: ...posing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 25 July 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Defendant Thuy Tran's General Demurrer to Third Amended Complaint. I. Statement of Facts. When plaintiff Kim Huong Trinh's (“Kim”)1 aunt, Hong Kim Manh Nguyen (“Nguyen”), passed away, Nguyen's will cr...

Excerpt: ...022. On or about March 29, 2015, Plaintiff entered into a warranty contract with Defendant General Motors (“Defendant”) for a 2013 Chevrolet Cruze vehicle (“Vehicle”). (First Amended Complaint [“FAC”], ¶ 6.) Plaintiff received multi‐year and/or mileage‐based warranties for the Vehicle, which stipulated that Plaintiff could deliver the Vehicle for repair services so long as the defect occurs during the warranty period. (Id. at ¶ ...

Excerpt: ... 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 25 July 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion of Defendant Reuben Shekarchi For Relief from Default. I. Statement of Facts. Plaintiff filed this complaint on 14 March 2022.17 The complaint alleges that “[t]he defendant entered...

Excerpt: ...up”). (See Defendants' Separate Statement of Undisputed Facts [“SSUF”] at No. 1.) Pow and Figueiredo eventually agreed to end the partnership. (Id. at No. 2.) On August 20, 2015, Pow filed a complaint against Figueiredo in Santa Clara County Superior Court (case no. 2015‐1‐CV‐282824). (See Defendants' SSUF at No. 4.) In response, Figueiredo filed a cross complaint against Pow while he was represented by Structure Law Group. (Id. at No...

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 25 July 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion of Cross‐Defendant Tarrar Utility Consultants to approve That Good‐Faith Settlement and Dismissal of Cross‐Complaint. I. Statement of Facts. A. The Complaint. Plaintiff filed this com...

Excerpt: ...lid arbitration agreements. (Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 97, 99 Cal.Rptr.2d 745, 6 P.3d 669 (Armendariz), abrogated in part on another ground in **233 AT&T Mobility LLC v. Concepcion (2011) 563 U.S. 333, 339–340, 131 S.Ct. 1740, 179 L.Ed.2d 742.) The California Arbitration Act (CAA), Code of Civil Procedure1 section 1280 et seq., sets forth “a comprehensive scheme regulating private arbitrati...

Excerpt: ...party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 25 July 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion of Defendant to Compel Plaintiff to Comply with the Court Order of 10 February 2022; for Monetary Sanctions against Plaintiff; and, in the Alternative, for the Setting of an Order to Show Cause...

Excerpt: ...CAP”) and a final basis of design report pertaining to certain issues of plaintiff's Rinconada water treatment plant. On November 19, 2021, defendant CH2M Hill, Inc. (“defendant”) served plaintiff with first set of requests for admission (“RFA”). On January 21, 2022, plaintiff served response to RFA. Defendant considered the response deficient, and the parties conducted meet and confer. The parties were unable to resolve the issues, and...

Excerpt: ... finally determined; and 3) Plaintiff repeatedly files unmeritorious pleadings, conducts unnecessary discovery, and engages in other tactics that are frivolous or solely intended to cause unnecessary delay. The motion is opposed by Plaintiff. Plaintiff is a pro se litigant. Plaintiff has filed three lawsuits against Defendant. Each of Plaintiff's three lawsuits allege that Defendant discriminated against Plaintiff in some way. The court ruled aga...

Excerpt: ...ion for Judgment on the Pleadings to the Fifth Cause of Action in the First Amended Complaint by Plaintiff Richard B. Beauchesne (6) Demurrer, or in the Alternative, Motion for Judgment on the Pleadings to the Fifth Cause of Action in the First Amended Complaint by Defendant Bradford Baugh Factual and Procedural Background The factual and procedural history of this case is complicated and extensive. This is an action for fraud purportedly committ...

Excerpt: ...ntiffs have refused to cooperate in engaging in ADR. The Motion is opposed by Plaintiffs. This case arises out of a light airplane crash that occurred on 11/19/18 in San Jose, CA. McClelland is the owner of the aircraft. Squadron 2 is the flight school. Plaintiffs filed their complaint against McClelland, Squadron 2 its related entity on 4/10/18. Plaintiffs settled their claims for injuries against the Squadron 2 and its related entity (settling ...

Excerpt: ...t , including sex and gender discrimination; sexual harassment; hostile work environment sexual harassment; retaliation; failure to take steps to correct and prevent discrimination, harassment and retaliation; wrongful discharge; violation of the Labor Code; and negligent hiring, retention and supervision. On December 31, 2021, Intuitive served plaintiff with requests for production, set one (“RFP”). On March 26, 2021, plaintiff served respon...

Excerpt: ...r Code section 450. On May 11, 2022, defendant filed the instant motion to compel arbitration and to stay all civil court proceedings pending arbitration. On July 11, 2022, plaintiff filed opposition. After consideration of the authority, evidence and argument of counsel in the papers filed in support and opposition, the court makes the following tentative ruling: Analysis At issue are two documents, an offer letter and an arbitration agreement (...

Excerpt: ...ew modifications to the class notice. I. BACKGROUND According to the operative complaint, Defendant employed Plaintiff as an hourly‐paid nonexempt employee from 2016 to 2020 in Santa Clara County. (First Amended Class Action Complaint for Damages (“FAC”), ¶ 18.) Defendant failed to provide Plaintiff and other employees with compliant meal and rest periods or to pay required premiums. (Id., ¶¶ 26–28.) It failed to pay minimum and overti...

Excerpt: ...s resulting from the COVID‐19 pandemic. In an order filed on March 1, 2022, the Court sustained Factory Mutual's demurrer to the First Amended Complaint (“FAC”) with leave to amend (“March Order”).2 The Hockey Plaintiffs filed the operative Second Amended Complaint (“SAC”) on March 30, 2022. Now, Factory Mutual demurs to and moves to strike portions of the SAC. The Hockey Plaintiffs oppose both motions. As discussed below, the Court...

Excerpt: ...irst 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 20 July 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Orders on Defendants Peter McMahon, Shoreline Builders, Inc. and Dave Bedell's Demurrer and Motion to Strike Plaintiff's First Amended Complaint. I. Statement of Facts. According to ...