Excerpt: ...ate of California. (Complaint at ¶ 5.) Plaintiff's Assignor, LINKEDIN, entered into a written agreement with defendant Oakwood Systems Group, Inc. (“Oakwood”) where LINKEDIN agreed to deliver goods and services to Oakwood. (Id. at ¶ 19, Ex. 1.) Although demand for payment has been made, defendant Oakwood has failed and refused to pay the debt in the amount of $26,750. (Id. at ¶¶ 2, 10, 20.) The alleged debt, which is the subject of this l...

Excerpt: ...ctively, “Defendants”), as well as Trader Joe's, for damages associated with the accident. Trader Joe's filed a cross‐complaint against Defendants. Before the Court is Defendants' motion to compel deposition testimony of Trader Joe's employee Fonda Burke (“Burke”), Trader Joe's persons most knowledgeable (“PMKs”), and Trader Joe's store managers. Discovery Dispute On June 26, 2019, Defendants served a deposition notice on Trader Joe...

Excerpt: ...d A. Factual This action involves claims of construction deficiencies arising out of a condominium conversion project, commonly known as the Bird Avenue project, in San Jose (the “Project”). The owners/converters of the property at the time of the Project were defendants Santa Clara Redevelopment I LLC and Monterey Capital LLC (collectively, the “Developers”). The general contractor for the Project was Gold Coast Renovations (“Gold Coas...

Excerpt: ...tiff's custom home. (First Amended Complaint (“FAC”), ¶¶ 2 & 6‐8.) Defendant's revised structural drawings and calculations were eventually approved by the City of Monte Sereno. (Id. at ¶ 8.) Construction of Plaintiff's home began in April 2016. (FAC, ¶ 9.) The foundation of the home was completed one month later. (Ibid.) In May 2017, Plaintiff was informed by his contractor that crown molding could not be installed in the home due to a...

Excerpt: ...o because of my filing of complaints against them. On May 17, 2017, DFEH issued me a “Right to Sue” notice. I worked for the County of Santa Clara from October 2001 through August 2015.” (Complaint, p.1.) The Court granted County's motion for judgment on the pleadings as to the complaint on July 9, 2019, stating that “Plaintiff fails to identify the claims she is asserting or the nature of the relief she is requesting and does not otherwi...

Excerpt: ...piece of property and develop on it a commercial building. (FAC, ¶9.) To that end, in 2004 or 2005, Asghar formed an LLC called Rumi Group (“LLC”) with the four siblings as members. (Id.) Each member was required to make an initial capital contribution based on his or her percentage of ownership. (FAC, ¶10.) Neither Plaintiff, Defendant, nor Mahin had sufficient cash to pay their respective capital contributions, but Plaintiff owned two res...

Excerpt: ...A has failed to repair the vehicle in conformity with its warranty. (Id. at ¶¶ 14, 16, 42.) In some instances, KMA denied warranty coverage. (Id. at ¶ 15.) Furthermore, KMA has failed to replace the vehicle or to promptly make restitution as required by statute. (Id. at ¶ 18.) As a result, Plaintiff alleges causes of action for: (1) breach of express warranty; (2) breach of implied warranty; and (3) violation of the Song ‐Beverly Consumer W...

Excerpt: ...its tentative ruling as follows: I. INTRODUCTION This is a putative class action arising out of various alleged Labor Code violations. Pursuant to the First Amended Complaint (“FAC”), filed on July 27, 2017, this case is brought on behalf of the following proposed class: “All persons who are working or worked as a ‘demonstrator' or similar title at Costco Warehouse locations and who were employed by WAREHOUSE DEMO SERVICES, INC., in the S...

Excerpt: ...ues its tentative ruling as follows: I. INTRODUCTION This is a putative consumer class action. According to the allegations of the Complaint, filed on April 4, 2019, defendants Arrayit Corporation and Pinner USA, Inc. (collectively, “Defendants”) manufacture, market, sell, and/or distribute a “food intolerance test” called PinnerTest. (Complaint, ¶ 1.) PinnerTest utilizes Immunoglobulin Analysis (“IgG Testing”) to screen for certain ...

Excerpt: ...(Complaint, ¶ 9.) In connection with the purchase, Plaintiff received an express warranty pursuant to which Defendant was to preserve or maintain the Subject Vehicle's utility or performance, or provide compensation in the case of failure to either in a specified period of time. (Id., ¶ 10.) During the warranty period, the Subject Vehicle contained or developed numerous defects including, but not limited to, the following: defects relating to t...

Excerpt: ...rst amended complaint (“FAC”) of plaintiff Jane Doe (“Plaintiff”). Factual and Procedural Background Plaintiff, a minor, by and through her Guardian ad Litem, John Doe, brought this action against District, Employees, and a former teacher (“Teacher”) (collectively, “Defendants”) for damages arising from Teacher's sexual abuse of Plaintiff at one of District's schools. Plaintiff's original complaint against Defendants alleged cause...

Excerpt: ...il 2016, Plaintiff was asked to serve as the Interim City Manager after the position was vacated, which he accepted, while continuing to serve as Public Works Director. (Ibid.) In October and November 2016, after evaluating dates for his eventual retirement, Liz Brown, the City's Human Resources Director, strongly recommended that Plaintiff ask the City Council to pay him additional compensation above relevant statutory caps to compensate him for...

Excerpt: ...19 at its campus in North Carolina. Plaintiff claims Duke failed to actively promote the on‐campus event and then cancelled it thereby depriving him of the fees per student, less the cost of refreshments, he was supposed to earn.4 Plaintiff asserts causes of action against Duke for breach of contract and breach of the implied covenant of good faith and fair dealing. Currently before the Court is Duke's motion to quash service of the summons on ...

Excerpt: ...zed by the officials. (See SAC, ¶¶ 15‐16, 19, 27‐28, exh. C.) The waiver and release agreement, attached to the complaint, states: In consideration for the opportunity to attend, volunteer and/or participate in the activities offered, provided by and/or taking place at Solar4America ice at San Jose, Solar4America Ice at Fremont and/or Oakland Ice Center (the “Activities”), the participant, or the participant's parent or legal guardian i...

Excerpt: ...she fell as a result of the wet, polished concrete floor. (Complaint, ¶¶ GN‐1, Prem.L‐1, & Prem.L‐2.) At the time of the accident, there was no sign indicating that the floor was being washed. (Id. at ¶¶ GN‐1 & Prem.L‐1.) The on‐duty manager of the store admonished the clerk and stated he would open the entrance door so the floor would dry faster. (Ibid.) The incident was witnessed by employees, customers, and other people in the ...

Excerpt: ... Yang was terminated and/or forced out of TutorGroup Holding, as well as communications made to third parties regarding that lawsuit. The current complaint alleges that “[w]hen his lawsuit against [Plaintiff] was not producing the results he desired, Defendants decided to escalate the matter and harass TutorGroup Holding directly. Knowing that TutorGroup Holding was facing financial difficulties and was seeking additional funding to continues i...

Excerpt: ...threatening emails and text messages to Plaintiff, and Kachroo's phone and laptop computer on which Plaintiff was shown the video of Kachroo's sexual assault of Plaintiff. On July 7, 2016, the Court filed its order regarding various discovery motions, including Plaintiff's motion to compel further responses to certain special interrogatories propounded on GL regarding: the facts and reasons for terminating Kachroo, whether Kachroo violated any di...

Excerpt: ... that Plaintiff “filed a complaint regarding quantum meruit and unjust enrichment no June 24, 2014 in Fulton County Atlanta, Georgia. These claims were based on the fact that Johnson provided an idea for the defendant that was the complete basis for the ‘Nordstrom Rack App' . . . Quantum meruit and unjust enrichment were litigated in Georgia merely because that is where the plaintiff resides as well as the defendant's doing business there as ...

Excerpt: ...dispute over payment for medical services and equipment. Qualium's operative second amended complaint (“SAC”) was filed on November 24, 2015, and alleged causes of action for: (1) breach of oral contract; (2) account stated; (3) unjust enrichment; (4) quantum meruit; and (5) unfair competition in violation of Business and Professions Code section 17200. In the SAC, Qualium alleged that it provided medical supplies and equipment to individuals...

Excerpt: ...nd An Nguyen. According to the allegations in the second amended complaint (“SAC”), Plaintiff owns several investment rental properties. (SAC, ¶ 33.) He is a barber by trade, and met Trung when Trung became Plaintiff's customer. (Id. at ¶ 34.) About ten years into their relationship, Trung approached Plaintiff with an offer to invest in properties for purposes of flipping them for profit. (Id. at ¶ 35.) Trung represented that he had connec...

Excerpt: .... (Id., ¶ 12.) On August 9, 2018, Plaintiff and Defendant entered into a written agreement (the “Agreement”) whereby Defendant would give Plaintiff $30,000 if she would terminate the pregnancy. (Id., ¶ 13.) Defendant also agreed to provide Plaintiff with a work studio/office space so that she could start a business. (Id., ¶ 15.) Defendant subsequently deposited a personal check in the amount of $30,000 into Plaintiff's bank account. (FAC, ...

Excerpt: ...ndarich's motion. I. Factual and Procedural Background Plaintiff incurred a consumer debt in the form of a credit account issued by WebBank. (Complaint, ¶ 15.) She was unable to pay the debt and defaulted on her payments to WebBank. (Id. at ¶ 16.) The debt was subsequently assigned or otherwise transferred to defendant for collection, and it sent an initial collection letter to plaintiff dated February 9, 2017. (Id. at ¶¶ 17‐21.) The letter...

Excerpt: ...n against women at the company. Before the Court are nominal defendant Alphabet's motions to seal (1) Exhibit M to the declaration of Kimberly A. Evans filed on May 6, 2019 and (2) a portion of the complaint in the above‐entitled action, filed on April 30, 2019. The motions are unopposed. 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 int...

Excerpt: ...r. Before the Court is plaintiff's motion for final approval of the settlement and for approval of her attorney fees, costs, and service award. Plaintiff's motion is unopposed. I. Legal Standards for Approving a Class Action/PAGA Settlement Generally, “questions whether a settlement was fair and reasonable, whether notice to the class was adequate, whether certification of the class was proper, and whether the attorney fee award was proper are ...

Excerpt: ... action comes on for hearing before the Honorable Thomas E. Kuhnle on September 6, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action. Plaintiffs Petra Godinez, Jose Rodriguez, and Florentino Gayoso (collectively, “Plaintiffs”) allege various Labor Code violations in the First Amended Class Action Complaint (“FAC”), filed on November 1, 2017. TENTATIVE ...

Excerpt: ...includes three consolidated cases – Munn v. Gacek, et al., Case No. 2018‐1‐CV‐328139; Palkon v. Ahmad, et al., Case No. 2018‐1‐CV328572; and Asseta v. Rau, et al., Case No. 2019‐1‐CV‐343607. The consolidated action is brought on behalf of Quantum Corp., a Delaware corporation, for breach of fiduciary duty, unjust enrichment, abuse of control, gross mismanagement, and corporate waste. The parties have reached a settlement. In an ...

Excerpt: ...roval of the settlement and for approval of their attorney fees, costs, and service awards. Plaintiffs' motion is unopposed. I. Legal Standards for Approving a Class Action Settlement Generally, “questions whether a settlement was fair and reasonable, whether notice to the class was adequate, whether certification of the class was proper, and whether the attorney fee award was proper are matters addressed to the trial court's broad discretion.�...

Excerpt: ...otion for final approval of the settlement and for approval of his attorney fees, costs, and service award. Plaintiff's motion is unopposed. I. Legal Standards for Approving a Class Action/PAGA Settlement Generally, “questions whether a settlement was fair and reasonable, whether notice to the class was adequate, whether certification of the class was proper, and whether the attorney fee award was proper are matters addressed to the trial court...

Excerpt: ...g as follows: I. INTRODUCTION According to the allegations of the Complaint, filed on March 21, 2019, plaintiff Alorica, Inc. and defendant Fortinet, Inc. are both Delaware corporations. (Complaint, ¶¶ 1‐2.) Alorica is one of the leading providers of outsourced communication solutions, averaging over 600 million customer interactions per year. (Id. at ¶ 4.) Fortinet is a multinational corporation that develops and markets hardware, software,...

Excerpt: ... final approval of the settlement and for approval of his attorney fees, costs, and service award. Plaintiff's motion is unopposed. I. Legal Standards for Approving a Class Action/PAGA Settlement Generally, “questions whether a settlement was fair and reasonable, whether notice to the class was adequate, whether certification of the class was proper, and whether the attorney fee award was proper are matters addressed to the trial court's broad ...

Excerpt: ...DEL GRANDE ENTERPRISES, INC., Defendants. Case No. 2018‐1‐CV‐331434 TENTATIVE RULING RE: MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT The above‐entitled action comes on for hearing before the Honorable Thomas E. Kuhnle on September 6, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action arising out of various alleged wage and hour violations...

Excerpt: ...for the purchase and operation of Que Huong FastFood, Inc. (the “Business”). (FAC, ¶ 1.) Pursuant to the Agreement, the parties were to have an equal interest in the ownership, operation and profits of the Business. (Id., ¶ 5.) The parties specifically agreed that only Plaintiff and Defendant would have the right to make decisions relating to the Business and share equally in its profits; Defendant's husband, defendant Steven Chan (“Steve...

Excerpt: ...�), on January 17, 2007, a promissory note was executed by loan borrowers Martha N. Sabug and Alexander Sabug (collectively, “the Sabugs”) in the principal amount of $328,000. (SAC, ¶ 17.) The indebtedness was owed to Online Financial Group, a Nevada Corporation as payee. (Ibid.) The debt was secured by a Deed of Trust recorded against real property located at 4014 Shanj Court in San Jose, California (“Subject Property”). (Ibid.) In Febr...

Excerpt: ...(Complaint, ¶1.) Defendant Yaana Technologies, LLC (“Yaana”) is a business entity that develops, sells, and licenses technology solutions, such as data analytics systems and data retention systems, to service providers, enterprises, and the public sector. (Complaint, ¶2.) On or about June 10, 2016, plaintiff RCA and defendant Yaana entered into a written Master Reseller Agreement (“Agreement”) under which RCA would resell Yaana products...

Excerpt: ...“VSM”), owners of real property known as the Vallco Fashion Mall located at 10123 North Wolfe Road in Cupertino (“Subject Property”), to exclusively represent VSM in connection with the sale of the Subject Property. (SAC, ¶¶7 – 8.) On or about August 2, 2011, VSM and plaintiff Nguyen entered into an exclusive right to sell agreement entitled “Owner‐Broker Agreement‐Vallco Shopping Center” (“Listing Agreement”). (SAC, ¶9.)...

Excerpt: ...enson”) was the sole officer and director of Platinum and its majority shareholder. (Ibid.) On September 19, 2005, an order confirming plan was entered confirming Platinum's Second Amended Chapter 11 Plan (“Bankruptcy Plan”) which provided that Platinum would pay its various administrative claimants and would then pay its unsecured creditors 60% of their respective claims over time through annual payments of $90,000. (Id. at ¶ 11.) In the ...

Excerpt: ...ent of public nuisance and unfair business practices. According to the allegations of the complaint, Coachella operates a business at real property located at 2142 The Alameda in San Jose (“Subject Property”). (Complaint, ¶¶ 7 & 15.) Defendant Esther Bright is the chief executive officer as well as an operator, owner, and member of Coachella. (Id. at ¶ 15.) Defendant Jennifer Prescott is the chief financial officer as well as an operator, ...

Excerpt: ...”], Exhibits A and B.) Plaintiff alleges that the defendants breached both the promissory note and the right of first refusal agreement. (4AC, ¶¶ 17‐26, Exhibits A and B.) Plaintiff further alleges that the defendants fraudulently represented that they would repay the note and the note would be secured by real property owned by Defendant Howard Misle (“Misle”) in Los Gatos (which had also been used to secure a 2010 promissory note in fa...

Excerpt: ...y, Plaintiff concedes the strength of Defendant's arguments as to motions 1 and 3, the Court DENIES those motions and focuses below only on motions 2 and 4. I. Factual and Procedural Background This action arises out of a failed rental transaction. According to the allegations of the underlying complaint (“Complaint”), in October 2017, Defendant advertised a real property unit for rent in San Jose. (Complaint, ¶ 5.) Plaintiff entered into ne...

Excerpt: ...s of the complaint in intervention (“Complaint”), for seven years Ms. Encinas rented a home from Ms. Hynek and her husband, Bryan Hynek, who is now deceased. (Complaint, ¶¶ 21, 31.) During the tenancy, Mr. Hynek was the main point of contact for Ms. Encinas in matters related to the lease. (Complaint, ¶ 22.) Two years into the tenancy, Ms. Encinas separated from her husband, and Mr. Hynek began calling and texting her with unwelcome commen...

Excerpt: ...sure of the fact that he was found by the Court to have made misrepresentations and converted funds would hamper “his future career growth” and his “promising future.” Defendant states that his interest is “not to hide the existence of this lawsuit from anyone” but only to seal essentially all of the “details” of the proceedings, exhibits, and allegedly confidential documents, etc., that are not described. A court has the authorit...

Excerpt: ...aint (“FAC”), the vehicle had a number of significant defects, including a defective engine. Kia equipped Plaintiff's vehicle and a number of other models with a Theta II engine that turned out to be defective because it restricted oil flow around essential engine components. The defect in the Theta II engine caused stalling, catastrophic engine failure, and fires. According to Plaintiff, Kia knew about this defect and the attendant risks, bu...

Excerpt: ...�Moquin”) to represent it in a case to recover damages (“Underlying Action”) caused by Timothy Walton (“Walton”). (Complaint, ¶19.) Walton brought a frivolous lawsuit against Rossdale in an attempt to extort a settlement out of Rossdale. (Complaint, ¶22.) Rossdale defended itself vigorously and accrued hundreds of thousands of dollars in damages to fend off Walton's litigation. (Complaint, ¶23.) Moquin received a $10,000 flat fee to ...

Excerpt: ...�Defendants”). (See complaint, ¶ 7.) Drywall paid Plaintiff's salary. (See complaint, ¶ 7.) From January 2014 to June 15, 2015, Defendants' employees and management gratuitously, constantly and routinely harassed Plaintiff regarding his Mexican heritage. (See complaint, ¶ 12.) On March 24, 2014, Defendants reduced Plaintiff's work hours and pay, refused to provide him with training and refused to promote Plaintiff, for no legitimate reason. ...

Excerpt: ...�Plaintiff purchased the Vehicle from a person or entity engaged in the business of manufacturing, distributing, or selling consumer goods at retail.” (Ibid.) In connection with Plaintiff's purchase of the Vehicle, BMW provided express written warranties by which it undertook to preserve or maintain the utility or performance of the Vehicle, or to provide compensation if there was failure of such performance. (Id. at ¶¶ 7 & 24‐26.) During t...

Excerpt: ...ity, Hernon Lake Shore, LLC, owns a 13.77% interest in the partnership. (Id., ¶ 8.) Plaintiff was first introduced to the Partnership investment in 2007 and at that time he understood the investment would be adequately capitalized and that then‐general partner Delamore and main fundraiser Byron Meo could meet their $7 million fund raise commitments. (Id., ¶ 10.) In consideration of his financial investment, which exceeded $1 million, Plaintif...

Excerpt: ...njunction, Dissolution of Limited Liability Company, Intentional Interference with Contractual Relations, and Inducing Breach of Contract Factual and Procedural Background Plaintiff Michael Dorian (“Dorian”) has been the sole member of plaintiff Briand Properties, LLC (“Briand”) since December 15, 2006. (Third Amended Complaint (“TAC”), ¶28.) Plaintiff Briand owned several assets including 540 S. First Street and 545 S. Second Street...

Excerpt: ...ler. (Complaint, ¶32 and Exh. E.) Escrow closed on this sales transaction on May 1, 2014. (Complaint, ¶32.) In this transaction, defendant HLE acted as Plaintiff's real estate agent. (Complaint, ¶33.) At some time prior to the execution of the sales agreement and continuing through the escrow period, defendant HLE was fully aware and had knowledge of the fact that Plaintiff was not fluent or proficient at reading and writing English and requir...

Excerpt: ...usiness.2 (FAC, ¶ 10.) In 2015, Defendant acquired the building from Plaintiff's previous landlord. (FAC, ¶ 10.) Plaintiff alleges Defendant modified the building's parking lot in a manner that precluded safe and convenient access by delivery trucks. (FAC, ¶¶ 15–17.) Additionally, in April 2018, Defendant wrongfully demanded payment of $49,362.19 in back taxes and gave Plaintiff a three‐day notice to quit.3 (FAC, ¶¶ 11–13.) Six months...

Excerpt: ...Search and operates Yahoo! And Verizon Media from its headquarters in Sunnyvale. (Complaint, p. 2, lines 6 – 9.) Defendant Oath is a Delaware Corporation that owns the brands Yahoo!, Yahoo! Search, and Verizon Digital Media Services and operates Yahoo! and Verizon Media from its headquarters in Sunnyvale. (Complaint, p. 2, lines 10 – 13.) Defendant Microsoft Corporation (“Microsoft”) is a computer software designer whose search engine Bin...