Excerpt: ...te between plaintiffs Regional Medical Center and Good Samaritan Hospital (collectively, “Plaintiffs”) and defendant County of Santa Clara dba Valley Health Plan (“Defendant”). Plaintiff's original Complaint, filed on December 15, 2020, set forth the following causes of action: (1) Breach of Implied‐in‐ Law Contract (Emergency Services); (2) Breach of Impliedin‐Law Contract (Post‐Stabilization Services); (3) Breach of Implied‐in...

Excerpt: ...entative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 30 June 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order Motion of Plaintiff to Compel Defendant to Provide Discovery Responses Pertaining to Exhibits. I. Statement of Facts. The facts of this matter are well known to the Court and to the litigants. II. Motion. Plaintiff here see...

Excerpt: ...mpetition, breach of contract, and Labor Code violations for failure to pay wages twice per month. The causes of action arise from plaintiff's position as an HR and employee benefits consultant for defendant. On April 20, 2022, defendant filed the instant motion to compel arbitration. On June 22, 2022, plaintiff filed opposition and on June 27, 2022, defendant filed reply. Summary of contentions Defendant asserts that the parties entered into a v...

Excerpt: ...ive FACC, Amit Gupta (“Gupta”) founded the company now known as Opensense, which focuses on corporate email tools, such as email signature management, tracking and analytics, in 2013. (FACC, ¶ 6.) Gupta first met Perone, a wealthy investor with extensive high‐tech business experience, in November 2017. (Id., ¶¶ 9‐10.) After utilizing Opensense's products in his venture capital company, 345 Partners LLC, Perone emailed Gupta staying tha...

Excerpt: ...aint in this action was filed on December 28, 2017 and stated claims for breach of contract (of the 2014 settlement agreement in case no. 113CV251320), rescission (of the same settlement agreement) and unfair debt collection practices against three defendants: Defendant Ditech Financial LLC (“Ditech”), Defendant Countrywide Home Loans, Inc. (“Countrywide”) and Bank of America, NA (“BANA”). A First Amended Complaint (“FAC”) was fil...

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 30 June 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Defendant City Of Palo Alto's Demurrer to Plaintiffs' Third Amended Complaint. I. Statement of Facts. Plaintiffs Eric Figueroa, Michael Foley, Christopher Moore, Robert Parham, Julie Tannock, and ...

Excerpt: ...s, gifted the property of 2960 Sierra Road, San Jose, California 95132 (the “Property”) to Tyler and his wife, Leticia Kawamoto (“Leticia”). (FAC, ¶ 10.)3 On or about April 30, 2007, Tyler and Leticia paid his parents $350,438.87 for the Property. (FAC, ¶ 11.) Tyler and Leticia continued to make mortgage payments of $1,500 per month on the Property. (FAC, ¶ 12.) On or about June 6, 2008, Tyler's father passed away due to natural causes...

Excerpt: ... loan to $123,000.00. (Complaint, ¶ 8.) Subsequently, FCI Lender Services, Inc. (“FCI”) is believed to have become the servicer of the loan on behalf of Mr. Natterstad. (Complaint, ¶ 9.) Between July 2005 and February 2019, Plaintiff diligently made each and every payment due under the loan, however, his principal balance appeared to increase to $132,071.40 without any justification and he grew weary of the balance increase. (Complaint, ¶�...

Excerpt: ...defendants Patrick Wherry, M.D. (“Wherry”) and Urological Surgeons of Northern California (“USNC”) (collectively, “Defendants”) for surgery intended to be “circumcision only.” (FAC at ¶¶ 5, 7.) Defendant Wherry represented to plaintiff Bobby Joe that he needed circumcision to facilitate flow during urination, and to facilitate needed cystoscopy examinations. (Id. at ¶ 7.) Despite these representations, defendant Wherry performe...

Excerpt: ...sing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 30 June 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Orders on Motion of Defendant to Compel Plaintiff to Provide Responses to Discovery and Request for Sanctions. I. Statement of Facts. Plaintiff filed this complaint on 18 August 2021.6 In his complaint, plaintiff allege...

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 29 June 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Orders on: 1. Plaintiffs/Cross‐Defendants Julio Mendoza's and Aricka L. Bueno's Demurrer To Cross‐Complaint; and 2. Plaintiffs/ Cross‐Defendants Julio Mendoza's and Aricka L. Bueno's Motion To S...

Excerpt: ...ings entered into an oral lease with Defendants to rent an unpermitted garage at 383 Nancy Lane, San Jose, CA 95127 (the “Property”). (Complaint, ¶ 8.) Defendants packed as many people at the property as possible, with over 15 people living there at times. (Complaint, ¶ 9.) Springs paid $1,600 a month to rent an illegally converted garage at the Property. (Complaint, ¶ 10.) The Property had faulty cooling and heating and it would get extre...

Excerpt: ...ded Complaint (“FAC”) was filed on July 30, 2021 to include Defendant County and is the operative complaint. Venue was changed by the parties' stipulation on September 21, 2021. Defendant County filed the demurrer on April 15, 2022. In response, Plaintiff filed an Opposition on June 17, 2022. Defendant County filed a Reply on June 23, 2022. Plaintiff was a foster child under the care of Defendant Clyne from April 1995 to April 1998 under the ...

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 29 June 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Defendants' Demurrer To First Amended Complaint. I. Statement of Facts. This lawsuit arises from a dispute over investments in real property between Plaintiffs Thai Quach and T&T California Collision,...

Excerpt: ...opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 29 June 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Orders on Defendant's Demurrer and Motion to Strike Portions of Plaintiff's Complaint. I. Statement of Facts. Plaintiff filed this complaint on 01 September 2021. 1 In his form complaint, Mr. Clancy alleges that he ...

Excerpt: ... October 1, 2019, plaintiff filed notice of appeal, challenging the order granting the antiSLAPP motion (“anti‐SLAPP appeal”). On July 13, 2020, the Sixth District Court of Appeal granted defendants' motion to dismiss the appeal, and on July 25, 2020, denied plaintiff's petition for rehearing. On August 16, 2020, plaintiff filed a petition for review with the California Supreme Court. Defendants filed an answer to the petition, and plaintif...

Excerpt: .... Plaintiff Cristina Gonzalez opposes both motions. As discussed below, the Court largely DENIES Defendants' motion to strike, and SUSTAINS Ms. Nguyen's demurrer. I. BACKGROUND As alleged in the operative complaint, Plaintiff worked as a mercantile clerk at the gas station known as Gilroy Gas from July 20, 2005 to January 14, 2020. (FAC, ¶ 2.) Each pay period, Defendant Luong Pham gave Plaintiff a carbon copy of a handwritten pay record that did...

Excerpt: ...legations of the Complaint, Plaintiff is a resident of Garden Grove pursuant to a written lease agreement. (Complaint, ¶ 1, Exhibit 1.) Plaintiff began to complain about habitability defects and requested that various repairs be made. (Id., ¶¶ 5‐6.) Plaintiff alleges that in retaliation for the foregoing, Defendants served him an eviction notice and then filed an unlawful detainer (“UD”) action, which was prosecuted by Rothbart. (Id., ¶...

Excerpt: ... approval, subject to the parties' agreement to amend the release to conform with Amaro v. Anaheim Arena Management, LLC (2021) 69 Cal.App.5th 521 (Amaro). I. BACKGROUND According to the operative complaint, Defendants employed Plaintiff in Santa Clara County as an hourly‐paid employee from March 2014 to March 2020. (First Amended Class Action Complaint for Damages (“FAC”), ¶ 18.) Defendants failed to provide Plaintiff and other employees ...

Excerpt: ...low, the Court is inclined to grant Plaintiff's motion, but requires more information to evaluate counsel's fee request. I. BACKGROUND According to the operative complaint, Defendant employed Plaintiff and others as nonexempt employees in California during the relevant time period. (Second Amended Complaint (“SAC”), ¶¶ 17–19.) Plaintiff alleges that Defendant failed to include non‐discretionary bonuses, commissions, and other incentive ...

Excerpt: ...McManis Faulkner (“MF”). On March 8, 2020, the motion was heard, and the court granted the motion disqualifying MF from further representation of plaintiff in the action. On March 16, 2022, plaintiff filed notice of appeal. On April 4, 2022, defendant filed the instant motion to stay all trial proceedings pending appeals. On June 3, 2022, plaintiff filed opposition, and on June 9, 2022, defendant filed reply. Summary of contentions Defendant ...

Excerpt: ... wheelie on the bicycle to show off for his friends riding straight through a stop sign in a parking lot crowded with vehicles and pedestrians. (Complaint, ¶ 25.) Brandon lost control of the bicycle and slammed into plaintiff Cynthia Hernandez (“Plaintiff”). (Complaint, ¶ 26.) Plaintiff sustained serious injuries as a result of the collision. (Complaint, ¶ 15.) On November 30, 2021, Plaintiff filed a complaint alleging negligence and punit...

Excerpt: ... RULING RE: DISCOVERY MOTIONS The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on June 29, 2022, at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative consumer class action brought pursuant to the California Rosenthal Fair Debt Collection Practices Act (“RFDCPA”). According to the allegations of the First Amended Class Action Complaint for ...

Excerpt: ...urity, 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 (“Marmolejo”); (4) Muse v. SOS Security, LLC, et al., Case No. RG20066195, Alameda County Superior Court (“Muse”); and 2 1 2 3 4 5 6 7 ...

Excerpt: ...ntative ruling as follows: I. INTRODUCTION This is a class and representative action arising out of various alleged wage and hour violations. The operative First Amended Class and Representative Action Complaint (“FAC”), filed on June 22, 2022, sets forth the following causes of action: (1) Unlawful Business Practices [Cal. Bus. & Prof. Code §§ 17200, et seq.]; (2) Failure to Properly Pay Minimum and StraightTime Wages [Cal. Lab. Code §§ ...