Excerpt: ...y 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. ORDER ON DEFENDANT CITY OF SAN JOSE'S DEMURRER TO PLAINTIFF'S SECOND AMENDED COMPLAINT I. Statement of Facts. On or about 15 December 2019, plaintiff Jimmy K. Lee (“Lee”) was shopping at Home Depot and was in the process of loadi...

Excerpt: ...county when the contract was entered into, Defendant currently lives in this county, and the contract was to be performed in this county. (Id., ¶ 7.) In July 2020, Plaintiff and Defendant allegedly agreed to the terms of the contract attached as Exhibit A to the Complaint. (Cause of Action – Breach of Contract, ¶ BC‐1.) Plaintiff further alleges that Defendant breached the written agreement by failing to repay Plaintiff pursuant to the cont...

Excerpt: ...ges, (2) provide sick leave, (3) provide meal periods and rest breaks, (4) timely pay wages during employment, (5) timely pay wages upon termination, (6) provide complete and accurate wage statements, (7) keep complete and accurate payroll records, (8) reimburse business expenses, and (9) provide one day's rest in seven. (Id. at ¶¶ 18‐ 36.) On November 5, 2021, Gooden provided written notice to the Labor & Workforce Development Agency (“LWD...

Excerpt: ...emises located at 715 W. Hamilton Ave., Apt. 301 Campbell, CA 95008. (Id.) The agreement was a 12 month lease, renewable as a month‐to‐ month lease thereafter, subject to the annual recertification of Plaintiff's BMR eligibility by Alvin's and final approval by the City. (Id.) In February and May 2016, Alvin's certified Plaintiff's BMR eligibility at move‐in and Plaintiff was approved to rent by the City. (FAC, ¶ 67.) On June 7, 2016, defe...

Excerpt: ...reservation, which seeks “a Judicial Order preserving any & all Electronically Stored Informational (ESI) evidence relevant to all Dfts' algorithms & malgorithms involving Covid‐19”; “all ESI, as related to any & all persons described in my Complaint as ‘The Disinformation Dozen' ”; and “Judicial Suspension of all Dfts' routine document retention/destruction policy,& to put in place a ‘litigation hold', so as to preserve such rele...

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 22 June 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Demurrer to Complaint. I. Statement of Facts. On or about 15 May 2018, plaintiff Demcon Concrete Contractors, Inc. (“Demcon”) and defendant Teamwrkx Construction, Inc. (...

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 22 June 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Demurrer to the Cross‐ Complaint by Cross‐Defendants Best Buy, Rosemart, and Mysterious Sun. I. Statement of Facts. This is an action for breach of contract, among other things. a. Complaint...

Excerpt: ...fy the issue to be contested when calling the Court and Counsel. PLEASE NOTE THAT DUE TO CCLOSURE OF THE OLD COURTHOUSE TO THE PUBLIC, HEARINGS ON THIS DATE WILL BE CONDUCTED REMOTELY BY VIDEOCONFERENCE, COURTCALL OR VIA THE PUBLIC ACCESS LINE. PLEASE SEE FURTHER INSTRUCTIONS ABOVE. Calendar Lines 2 & 3 Case Name: Vietnam Town Condominium Owners Assn. v. TWN Investment Group, LLC, et al. Case No.: 21CV381036 Defendant Reeve‐Knight Construction,...

Excerpt: ...posing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 22 June 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion of Defendants for Attorneys Fees. This Court notes that defendants subject to the continued presence of the venerable law firm of Murchison & Cumming as counsel for plaintiff. This Court believes that ...

Excerpt: ...“FDCPA”). In an order filed on February 7, 2022, the Court granted Defendants' special motion to strike the Complaint pursuant to Code of Civil Procedure section 425.16 (the “anti‐SLAPP statute”). Plaintiff appealed, and her appeal is pending. Defendants now move for attorney fees and costs under the anti‐SLAPP statute. Plaintiff opposes their motion,1 urging that the more specific attorney fee provision in the FDCPA controls, and Def...

Excerpt: ...r wage and hour violations. The parties reached a settlement, which the Court preliminarily approved in an order filed on March 14, 2022. The factual and procedural background of the action and the Court's analysis of the settlement and settlement class are set forth in that order. Before the Court is Plaintiffs' motion for final approval of the settlement and for approval of their attorney fees, costs, and service award. The motion is unopposed....

Excerpt: ...und of the action and the Court's analysis of the settlement and settlement class are set forth in that order. Before the Court are Plaintiffs' motions (1) for final approval of the settlement and (2) for approval of their attorney fees, costs, and service awards. The motions are unopposed. As discussed below, the Court GRANTS both motions, but with a reduced attorney fee award. I. LEGAL STANDARD Generally, “questions whether a [class action] s...

Excerpt: ...a nail salon known as Kim's Nail Care, located at 540 Emerson Street in Palo Alto, California. (See Defendants' Separate Statement of Undisputed Facts [“SSUF”] at No. 1.) The entrance to the salon includes a step up which leads to double doors into the salon from the street. (Ibid.) On July 25, 2015, plaintiff Gloria Phillips (“Plaintiff”) and her husband entered the nail salon through the double doors. (See Defendants' SSUF at No. 2.) On...

Excerpt: ...he tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 22 June 2022. Please specify the issue to be contested when calling the Court and Counsel. Order on Motion for Summary Judgment, or in the Alternative, Summary Adjudication I. Statement of Facts. Plaintiff Linda Cambareri (“Plaintiff”) (self‐represented) filed this Complaint on 15 August 2018. 3 This is a dispute between Plaintiff Lin...

Excerpt: ...able to defendants for overpayment of fees) for services rendered by plaintiffs as defendants' legal counsel. On March 21, 2021, defendants served plaintiffs with written discovery, including requests for production of documents, set one (“RPD”). The RPD is the discovery at issue. On May 17, 2021, plaintiffs served responses to RPD indicating plaintiffs would comply with the RPD and produce all responsive documents. The parties participated i...

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 22 June 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion of Plaintiff to Compel Responses to Form Interrogatories, General; Request for Production of Documents; Requests for Admissions; and for Monetary Sanctions. I. Statement of F...

Excerpt: ... Code section 2924.17, breach of good faith and fair dealing, negligence, wrongful foreclosure, cancellation of instruments, violation of Business and Professions Code section 17200, and quiet title. The action pertains to a loan secured by deed of trust (“DOT”) on the real property at 181 Fennel Court, Morgan Hill, CA (“subject property”). On December 2, 2020, plaintiff recorded a lis pendens. On December 4, 2020, a trustee's sale pursua...

Excerpt: ...��Subject Property.”) A three day notice to pay rent or quit was served May 4, 2022. On May 16, 2022, the complaint was filed. On June 1, 2022, Plaintiff filed a proof of service of the complaint and summons, indicating personal service on Defendant Campos on May 21, 2022. On June 9, 2022, default judgment was entered and the writ of possession was issued. On June 13, 2022, Defendant attempted to file an answer, which was rejected and filed thi...

Excerpt: ...ION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on June 22, 2022 at 1:30 p.m. in Department 3. The court 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 Complaint, filed on March 10, 2021, sets forth the following causes of action: (1) Fai...

Excerpt: ...e Patricia M. Lucas on June 22, 2022 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class and representative action arising out various alleged wage and hour violations. The original complaint was filed on April 8, 2020. The operative First Amended Complaint, filed on August 13, 2020, sets forth the following causes of action: (1) Failure to Pay Overtime Wages (Labor Code § ...

Excerpt: ...llegations of the operative Second Amended Complaint (“SAC”), filed on January 27, 2022, plaintiff Canyon Bridge Fund I, LP (“Plaintiff”) is a Delaware limited partnership that has held stock in non‐party Wave Computing, Inc. (“Wave”) since about August 2017. (SAC, ¶ 2.) Wave is a company incorporated in Delaware and with its principal place of business in Santa Clara County, CA. (Id. at ¶ 1.) // 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14...

Excerpt: ...y 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 June 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motions of Defendants to Compel Plaintiff to Further Responses to: 1. Compel Plaintiff to Further Responses to Request for Production of Documents Nos. 10‐11, 13‐15, 21‐23 and 42; 2. Form Inte...

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 20 June 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion of Defendants to Tax Costs Claimed by Plaintiff. I. Statement of Facts. This case has been returned to this Court by Remittitur from the Court of Appeal, after that court granted P...

Excerpt: ...Notice Moving Parties ask the Court to take Judicial Notice of documents filed and rulings by this Court and the Sixth District Court of Appeals in support of their motion to have Plaintiffs declared vexatious litigants. Evidence Code section 452(d), provides that the Court may take judicial notice of “[r]ecords of any court of this state.” Section 452(d) permits the trial court to “take judicial notice of the existence of judicial opinions...

Excerpt: ...tures, Inc. (“tenant”). The complaint alleges that defendants guaranteed the tenant's performance of its obligations under the lease to the premises, including the payment of rent. On December 14, 2021, the court granted plaintiff's motion to compel each defendant to serve further responses and produce documents pursuant to plaintiff's request for production of documents. Written order was filed January 24, 2022 (“discovery order”). On Fe...