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: ...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: ... 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: ...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: .... 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: ...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: ...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: ...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: ...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: ...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: ...OWARD; KRISTIAN KNOWLES; DAVID & YUNG MANIBUSAN; ADRIANA MARTINS; ROSS & MARISA MCMILLAN; PAM & ROBERT MOULDEN; DJENNE‐SUKARI & DEQUAL NATHANIEL; HENRY NGUYEN; ERWIN & JENNIFER PABLO; GARY & STACY QUIBELAN; JOSEPH & NICOLE QUINATA; CARLA RICHARDSON; DAVIDA ROBINSON; JENNIFER & ERNESTO ROM; EDUARDO & RIZZA SANTOS; BALJEET & ARMINDER SINGH; GEORGE & MARIKA SOMORJAI; DAVID & CRYSTAL SULLIVAN; JOSHUA & ALICIA VERA; ROBERT & SHAIRON ZINGSHEIM, Plain...

Excerpt: ...s follows: I. INTRODUCTION This is a class and representative action arising out of various alleged wage and hour violations. The operative First Amended Complaint, filed on February 26, 2020, sets forth the following causes of action: (1) Failure to Pay Wages and/or Overtime Under Labor Code §§ 510, 1194, and 1199; (2) Penalties Pursuant to Labor Code § 203; (3) Violation of Business & Professions Code § 17200; and (4) Penalties Pursuant to ...

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 §§ ...

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: ... 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: ...posing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 27 June 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion Of Defendants AnyRide, Inc. and Peter Moran to Strike and/or Motion For Protective Order Re: Case No. 21DV000056 and for Order to Show Cause. I. Statement of Facts. A. Complaint In or about early March...

Excerpt: ... traveling westbound in the #2 lane on Tully Road at approximately 35‐40 mph. (FAC at ¶ 13.) Defendant Edward Rico, Jr. (“Defendant”) was driving eastbound on Tully Road at an extreme and reckless speed in excess of the 40 mph speed limit. (Id. at ¶ 14.) Without yielding to Plaintiff's right of way, Defendant made an unsafe left turn from eastbound Tully Road at an unsafe speed attempting to enter a shopping center and violently struck th...

Excerpt: ...Factual 1. Complaint This action arises out of purported numerous labor code violations. Plaintiff worked for Defendants from May 2017 until his constructive discharge in January 2020. (Complaint, ¶ 20.) Throughout the entirety of his employment, Defendants allegedly required Plaintiff to perform work in excess of 40 hours without paying him overtime compensation, paid him on an irregular basis, did not pay him the applicable minimum wage, did n...

Excerpt: ...ill located at 2650 John Smith Road in Hollister, California (“John Smith Road landfill”). (See Defendants' Separate Statement of Undisputed Facts [“SSUF”] at Nos. 1‐2.) Waste Connections owns and operates the landfill, and by extension was responsible for managing, supervising, training, and disciplining its employees, including Mr. Canela. (Id. at No. 13.) Mr. Canela started off as a general landfill worker before being assigned as a ...

Excerpt: ...ny party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 27 June 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion of Defendants Jess Castillo and Unedus Concrete Inc. dba Castillo Construction for Summary Adjudication. I. Statement of Facts. Plaintiffs Cain Velásquez and Michelle Velásquez (collective...

Excerpt: ...en the vehicle driven by defendant took an illegal left turn and hit the vehicle driven by plaintiff, causing physical injury to plaintiff. On May 6, 2021, plaintiff filed the operative first amended complaint (“FAC”) adding SCP Distributors, LLC, (“SCP”) and government entities, State of California, County of Santa Clara and City of San Jose as defendants. It is alleged that at the time of the accident, defendant was driving the vehicle ...

Excerpt: ...rth First 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 27 June 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion of Plaintiff to Continue Trial Date. I. Statement of Facts. Plaintiff filed this lawsuit on 20 to July 2019. 15 The lawsuit seeks damages for a collision that oc...

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 27 June 2022. And Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion of Plaintiff for a New Trial. I. Statement of Facts. The plaintiffs filed this complailnt on 4 November 2015.14 According to this complaint, "[t]he property that is the subject o...

Excerpt: ...purchased the Vehicle. (See id., ¶¶ 12‐19.,) In connection with the purchase, Plaintiff 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 the engine and transmission. (Id., ¶ 9.) Plaintiff also received an 8‐ year/100,000 mile hybrid electrical components warranty and additional coverage under Customer Satisfaction Program (CSP)...

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 27 June 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Orders on: 1. Defendant Hope Services' Demurrer To Plaintiff's First Amended Complaint; and 2. Defendant Hope Services, Inc.'S Motion To Strike Plaintiff's First Amended Complaint. I. Statement of Facts....