Excerpt: ... DISCUSSION A. Legal Standard Code of Civil Procedure section 1008 provides the only legal basis for a court to reconsider a prior order. (Code Civ. Proc, § 1008, subd. (e).) Code of Civil Procedure section 1008, subdivision (a) states: When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days af...

Excerpt: ... the demurrer on March 16, 2022, and Defendant filed a reply on April 8, 2022. A motion to strike Defendants' amended verified answer filed on May 13, 2022 is also before this Court. Defendants' contest the motion in an opposition filed on June 2, 2022. II. Request for Judicial Notice “In ruling on a demurrer, a court may consider facts of which it has taken judicial notice. (Code Civ. Proc. § 430.30, subd. (a).) This includes the existence of...

Excerpt: ...n Avenue, Alviso, California 95002 (the “Subject Property”). (See complaint, ¶¶ 7, 11.) In reliance on Ms. Rivera's promises, Plaintiff alleges that he: (1) lived with Ms. Rivera, (2) took her to all doctor's visits and the pharmacy to pick up medications, (3) aided her in getting groceries, (4) planned outings to her favorite restaurants, and (4) performed yard work from September 1, 2011 until her death on May 25, 2020. (See complaint, ¶...

Excerpt: ...themselves out to the public as competent and skilled dentists. (SAC, ¶ 5.) Williams was Defendants' patient. (Ibid.) He went to Defendants to determine the best method to get individual implants on both his lower and upper maxillary jaw so he would not have to maintain dentures anymore. (Ibid.) On January 7, 2016, Dr. Trinh performed bone graft surgery, in conjunction with performing a sinus elevation. (SAC, ¶¶ 6, 22.) Without providing Willi...

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 11 July 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Orders on: 1. Demurrer of Cross‐ Defendants Gregory Malley, 28th St. Villa Apartments LLC, and Hui Jun Li to Green Villa Apartments, LP's Second Amended Cross‐Complaint; 2. Chicago Title Co...

Excerpt: ...rst 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 11 July 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Demurrers by Defendants Cupertino Development Corporation, Los Gatos Boulevard, LLC, Jacqueline Chartier, Chartier Property Management, Charles Ott, Stanley Howard, and Rober...

Excerpt: ...8 directed at the original complaint which was set for hearing on July 31, 2018. On June 14, 2018 Attorney Stephen Ilg filed a notice of appearance indicating that he was now representing Plaintiff. Plaintiff's Counsel failed to file any opposition to the demurrer or motion to strike, but instead waited until 2:34 p.m. on July 30, 2018—the day before the hearing—to file an untimely purported First Amended Complaint still alleging the same two...

Excerpt: ...ough the Low‐Income Housing Tax Credit to rent the property at 135 Franklin Street, Unit #103, Mountain View, California. (FAC, ¶ 9.) On August 1, 2019, Plaintiff moved into the apartment, receiving government benefits which defendant FPI Management, Inc. (“FPI”) knew were contributed to Plaintiff's rent. (Id.) Shortly after moving in, Plaintiff began having issues with his neighbors. (FAC, ¶ 10.) Plaintiff's neighbors would make unusuall...

Excerpt: ...d upon acceptance in 2021, the parties formed a joint venture partnership and agreed to share the risks and rewards of the business. (Complaint, ¶ 3.) In June and July 2021, the parties continued to work on the joint venture partnership and expanding its brand. (Id. at ¶ 4.) The parties also met and represented an equal commitment to completing the Botha‐Chan program and to continue the joint venture partnership as equal partners. (Id. at ¶ ...

Excerpt: ...LLC (2021) 69 Cal.App.5th 521 (Amaro) and to address other issues noted below. However, the Court is inclined to reduce the attorney fee award to 1/3 of the common fund. I. BACKGROUND Plaintiff was employed by Defendants as an hourly, non‐exempt employee in San Jose. (Complaint, ¶ 3.) She alleges that Alpha Staffing, LLC and Caliva were her joint employers, while NC3 Systems was also listed as the employer on documentation issued to her and ot...

Excerpt: ...tigation. The parties reached a settlement, which the Court preliminarily approved in an order filed on May 4, 2022. The factual and procedural background of the action and the Court's analysis of the settlement are set forth in that order. Now before the Court is Plaintiff's motion for final approval of the settlement and for approval of its attorney fees, expenses, and incentive award. The motion is unopposed. As discussed below, the Court GRAN...

Excerpt: ...e “Vehicle”), which was manufactured and/or distributed by FMC.1 (FAC, ¶ 7.) In connection with the purchase, Hunter 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 engine and transmission, and a 8‐ year/80,000 mile emission warranty, which covers the exhaust system and transmission control module (“TCM”). (FAC, ¶ 8.) Du...

Excerpt: ...intiff's motion for preliminary approval of a settlement, which is unopposed. The Court issued a tentative ruling on April 22, 2022, stating that it required more information to evaluate the settlement and directing the parties to meet and confer about whether they could amend the release to conform with Amaro v. Anaheim Arena Management, LLC (2021) 69 Cal.App.5th 521 (Amaro). The matter came on for hearing on April 28, 2022 and was submitted to ...

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 06 July 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Plaintiffs' Motion for Summary Judgment, or in the Alternative, Summary Adjudication to the Complaint. I. Statement of Facts. This is a dispute among property owners concerning payment fo...

Excerpt: ...ed the use of the Account for the acquisition of goods, services, balance transfers or cash advances. (Id.) However, Defendant failed to make periodic payments on the outstanding balance and the Account was ultimately charged‐off. (Id.) Consequently, the entire Account balance of $49,761.90 is presently due and payable in full. (Id., ¶¶ 7‐8.) B. Procedural Based on the foregoing, Plaintiff filed the Complaint on April 23, 2021, asserting cl...

Excerpt: ...ing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 06 July 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion of Defendants for Terminating Sanctions. I. Statement of Facts. Plaintiff filed this complaint on 19 April 2019.3 On 5 January 2022, this Court granted the motion of defendant to compel plaintiff to answe...

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 06 July 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion of Defendants to Compel Plaintiffs to Provide Further Responses to Discovery Requests and Request for Monetary Sanctions.. I. Statement of Facts. This Court is beginning to form the opinio...

Excerpt: ...three responses: (1) a statement that the party will comply with the particular demand, (2) a representation that the party lacks the ability to comply, or (3) an objection. CCP §2031.210(a). Under Code of Civil Procedure section 2031.310, subdivision (a), a party may move for an order compelling a further response to a document demand on the ground that (1) an objection is without merit or too general, (2) a statement of compliance with the dem...

Excerpt: ...st defendants alleging 11 causes of action as set forth in the FAC. The action was transferred to Santa Clara County on May 6, 2021 and assigned to Judge Christopher Rudy (“Judge Rudy”) as the case manager. On June 4, 2021, defendant Baugh filed a special motion to strike the FAC. On June 10, 2021, defendant Baugh filed a demurrer challenging the first through eleventh causes of action. Defendant Schmidt had previously filed a special motion ...

Excerpt: ...eclosure; violation of truth in lending; accounting; emotional distress; and attorney fees and costs. The causes of action arise from the trustee's sale of the subject real property. On May 24, 2021, plaintiff recorded a lis pendens against the subject property. On November 17, 2021, the court sustained defendant's demurrer to plaintiff's complaint with 20 days leave to file first amended complaint (“FAC”). Plaintiff failed to file FAC, and u...

Excerpt: ...overy was served on defendant Forensic Professionals Group USA, Inc. (“Forensic”). At the time of service of process, defendants Kahn and Forensic were represented by attorney Douglas Klein. Responses to the discovery were not served by Kahn or Forensic when due. Counsel conducted written meet and confer regarding defendants' compliance with discovery. On April 29, 2022, plaintiff filed the instant motions to compel responses from defendants ...

Excerpt: ... tentative ruling as follows: I. INTRODUCTION On October 28, 2021, plaintiff Jamie Bridges (“Plaintiff”) asserted, in a different action against defendants Premier Nissan of San Jose, LLC and Troy Duhon (collectively, “Defendants”), individual claims for wage and hour violations, retaliation, and wrongful termination: Bridges v. Premier Nissan of San Jose, LLC, et al. (Santa Clara County Superior Court, Case No. 21CV390763) (“Individual...

Excerpt: ...urt now issues its tentative ruling as follows: I. INTRODUCTION This is a class and representative action arising out of various alleged wage and hour violations. The operative Second Amended Class and Representative Action Complaint (“SAC”), filed on June 2, 2021, sets forth the following causes of action: (1) Failure to Pay All Overtime Wages Owed (Labor Code §§ 204, 510, 558, 1194, 1198); (2) Failure to Pay All Minimum Wages Owed (Labor ...

Excerpt: ...ntative 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, ¶ 2.) As a re...

Excerpt: ...aggrieved employees, Plaintiff, vs. CANON BUSINESS PROCESS SERVICES, INC., a Delaware corporation; CANON U.S.A., INC., a New York corporation; and DOES 1 through 10, inclusive, Defendants. Case No. 21CV391418 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 The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on July 6, 2022 at 1:30 p.m. in Department 3. The court now issues its tenta...