Excerpt: ... 27, 2018, 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. According to the allegations of the Second Amended Complaint (“SAC”), filed on April 23, 2018, plaintiffs Thomas H. Padilla, Sr. and Darlene Padilla (collectively, “Plaintiffs”) bring this action seeking restitution for property owners in defendant City of San Jose (the “City”) for amounts pai...

Excerpt: ... now issues its tentative ruling. In the Complaint, filed March 14, 2018, Plaintiff alleges that Crowdstar Inc.'s directors, controlling shareholders, and their representatives breached their fiduciary duties in various ways. Plaintiff alleges six causes of action: (1) Breach of fiduciary duty; (2) Aiding and abetting breach of fiduciary duty; (3) Intentional interference with contract; (4) Intentional interference with prospective economic advan...

Excerpt: ...TATIVE RULING RE: DEMURRER TO PLAINTIFF'S AMENDED STOCKHOLDER DERIVATIVE COMPLAINT; MOTION TO SEAL PLAINTIFF'S FIRST AMENDED COMPLAINT; MOTION TO SEAL EXHIBITS 25‐26, 28‐33, 36‐37, AND 39 TO DEFENDANTS' REPLY MEMORANDUM IN SUPPORT OF DEMURRER TO FIRST AMENDED COMPLAINT The above‐entitled action comes on for hearing before the Honorable Thomas E. Kuhnle on July 20, 2018, at 9:00 a.m. in Department 5. The Court now issues its tentative ruli...

Excerpt: ...8, at 11:00 a.m. in Department 5 (Complex Civil Litigation), the Honorable Thomas E. Kuhnle presiding. The Court now issues its tentative ruling as follows: I. INTRODUCTION This action arises out of alleged trade secret misappropriation. The First Amended Complaint, filed on January 19, 2018, sets forth the following causes of action: (1) breach of contract; (2) breach of the covenant of good faith and fair dealing; (3) unfair business practices;...

Excerpt: ... Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action arising out of various alleged Labor Code violations. The Second Amended Complaint (“SAC”), filed on October 20, 2017, sets forth the following causes of action: (1) Unfair Competition in Violation of Cal. Bus. & Prof. Code, § 17200, et seq.; (2) Unfair Competition in Violation of Cal. Bus. & Prof. Code, § 17200, et seq.; (3)...

Excerpt: ...tive class action for recovery of penalties under the California Labor Code Private Attorneys General Act of 2004. Plaintiff Eva Sharp (“Plaintiff”) worked as a cashier for defendant Safeway, Inc. (“Defendant”) in California. (Complaint, ¶¶ 3‐4.) Plaintiff alleges Defendant failed to provide Plaintiff and the other putative class members with seats. (Complaint, ¶ 17.) Now before the Court is Plaintiff's motion for class certification...

Excerpt: ...es its tentative ruling as follows: I. INTRODUCTION According to the allegations of the First Amended Complaint (“FAC”), filed on May 24, 2016, on September 19, 2014, at about 5:30 p.m., plaintiff Stephen Graham rode his bicycle southbound on State Route 9, approaching the intersection with Austin Way in the City of Saratoga, County of Santa Clara, State of California. (FAC, ¶ 5.) Defendant Fariba Farahanchi TENTATIVE RULING RE: MOTION FOR N...

Excerpt: ...t 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a construction defect action. The Complaint, filed on August 18, 2017, sets forth the following causes of action: (1) Violation of Residential Building Standards (Civil Code §§ 896 and 897); (2) Negligence; (3) Strict Liability; (4) Breach of Implied Warranty of TENTATIVE RULING RE: MOTION TO QUASH DEPOSITION SUBPOENA 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1...

Excerpt: ...2017‐1‐CV‐305120 TENTATIVE RULING RE: DEMURRER TO THIRD AMENDED COMPLAINT 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 Thomas E. Kuhnle on July 6, 2018, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: III. INTRODUCTION According to the allegations of the Third Amended Complaint, (“TAC”), filed on May...

Excerpt: ...ne 1, 2017 (“Motion”) against Defendant Mark Liew (“Defendant”) comes on regularly for hearing on Friday, July 6, 2018, at 11:00 a.m. in Department 5 (Complex Civil Litigation), the Honorable Thomas E. Kuhnle presiding. The Court now issues its tentative ruling. I. INTRODUCTION This action arises out of alleged trade secret misappropriation. The First Amended Complaint, filed on January 19, 2018, sets forth the following causes of action:...

Excerpt: ... 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 brought pursuant to the California Rosenthal Fair Debt Collection Practices Act (“RFDCPA”). According to the Class Action Complaint for Statutory Damages (“Complaint”), filed on February 23, 2017, plaintiff Linda Lee Carlson (“Plaintiff”), on behalf of herself and all persons similarly situated, seeks st...

Excerpt: ... 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 Labor Code violations. The Second Amended Complaint (“SAC”), filed on May 16, 2018, sets forth the following causes of action: (1) Meal Period Liability Under Labor Code § 226.7; (2) Rest Break Liability Under Labor Code § 226.7; (3) Failure to Pay Minimum Wages; (4) Failure to P...

Excerpt: ...The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action arising out of various alleged Labor Code violations. Plaintiff Lingyu Lu (“Plaintiff”) worked as a charge nurse for defendant Surgical Care Affiliates, LLC (“Defendant”) from April 6, 2015 through October 12, 2015. (Complaint, ¶ 16.) Plaintiff alleges that throughout her employment Defendant engaged in the following violations of the la...

Excerpt: ... for hearing before the Honorable Thomas E. Kuhnle on June 29, 2018, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This action arises out of alleged trade secret misappropriation. The First Amended Complaint, filed on January 19, 2018, sets forth the following causes of action: (1) breach of contract; (2) breach of the covenant of good faith and fair dealing; (3) unfair business practices; (4)...

Excerpt: ...ACTIONS The above‐entitled action comes on for hearing before the Honorable Thomas E. Kuhnle on June 22, 2018, at 1:30 p.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This case arises out of the Silicon Valley Berryessa Extension Project (the “Project”), a 10‐mile extension of the BART rail line south from Warm Springs to Berryessa. (First Amended Complaint of Skanska‐Shimmick‐Herzog a Joint...

Excerpt: ...Court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative consumer class action brought pursuant to the California Fair Debt Buying Practices Act, Civil Code sections 1788.50‐1788.64 (“CFDBPA”). According to the Class Action Complaint for Statutory Damages (“Complaint”), filed on August 29, 2017, plaintiff Donna Louis Horner (“Plaintiff”) seeks statutory damages against defendant Crown Asset Management, LL...

Excerpt: ...AX CENTER, and DOES 1 through 50, inclusive, Defendants. Case No. 2016‐1‐CV‐303880 TENTATIVE RULING RE: MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT The above‐entitled action comes on for hearing before the Honorable Thomas E. Kuhnle on June 22, 2018, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative wage and hour class action. According to the allegations of the...

Excerpt: ...ent 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action. According to the allegations of the Third Amended Complaint (“TAC”),1 filed on April 23, 2018, plaintiff Zuri Lazard (“Plaintiff”) was a registered nurse in the emergency room department (“ER”) at Regional Medical Center of San Jose 1 It does not appear a Second Amended Complaint was ever filed in this case. TENTATIVE RULING R...