Excerpt: ...m. in Department 19. The court now issues its tentative ruling as follows: IX.INTRODUCTION This is a putative class and representative action arising out of alleged wage and hour violations. According to the allegations of the Class Action Complaint for Damages (“Complaint”), filed on January 22, 2020, plaintiff Jaime Echeverria (“Plaintiff”) was an employee of defendant Tapestry, Inc. dba Coach (“Defendant”). (Complaint, ¶ 7.) Plain...

Excerpt: ...MICRO, INC.; JSR NORTH AMERICA HOLDINGS, INC.; JSR LIFE SCIENCES, LLC; and DOES 1 through 20, inclusive, Defendants. Case No. 21CV386334 The above‐entitled action comes on for hearing before the Honorable Theodore C. Zayner on January 18, 2023, at 1:30 p.m. in Department 19. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a consolidated action arising out of various alleged Labor Code violations. On June 23, 2021, ...

Excerpt: ...NT The above‐entitled action comes on for hearing before the Honorable Theodore C. Zayner on January 18, 2023, at 1:30 p.m. in Department 19. The court now issues its tentative ruling as follows: VII. INTRODUCTION This putative class action arises out of allegations that defendants The Sobrato Organization, SI VI, LLC, and Alliance Communities Inc. (collectively, “Defendants”) made unlawful deductions to departing tenants' security deposits...

Excerpt: ...allegations of the operative Third Amended Complaint (“TAC”), filed on July 22, 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. (TAC, ¶ 2.) Wave was a semi‐conductor and computer learning company incorporated in Delaware and with its principal place of business in Santa Clara County, CA. (Id. at ¶ 1.) ...

Excerpt: ...HP Group, Inc., Evergreen Equity Partners, LLC (“Evergreen”), Bach Lan Thi Le, Kimly Huynh, Andrew Luong, To Tran, and An Nguyen. According to the second amended complaint (“SAC”), Plaintiff owns several investment rental properties. (SAC at ¶ 33.) He is a barber by trade and met Trung when Trung became his customer. (Id. at ¶ 34.) About ten years into their relationship, Trung approached Plaintiff with an offer to invest in properties ...

Excerpt: ...ts (collectively, “Plaintiffs”) are female pediatricians classified as P‐41 County employees employed at Santa Clara Valley Medical Center (“SCVMC”) and Santa Clara Valley Health Care System (“SCVHCS”), both of which are owned and operated by defendant County of Santa Clara (“County”). (See FAC, ¶¶ 1‐ 2.) County also employs male pediatricians as P‐41 County employees at SCVMC and SCVHCS, and Plaintiffs perform the same or...

Excerpt: ...iculty understanding and managing his own financial affairs and therefore his son and daughter‐inlaw, Defendants, offered to help him purchase a home. (SAC, ¶ 1.) On March 24, 2011, Plaintiff and Defendants purchased a residential property (the “Property”) located in Gilroy. (Id., ¶ 2.) When the Property was purchased, title was taken by the parties as joint tenants, with the intention that the home be a place for Plaintiff, whom the part...

Excerpt: ...der the applicable Code of Civil Procedure sections. The motions are DENIED as presented. As responses and objections were served, there is no basis for a motion to compel responses nor a motion to deem admissions admitted. And as the proper motion(s) under such circumstances would be timely motions to compel further responses – which must be brought within 45 days of service of the responses – the motion is DENIED as untimely. The Court is w...

Excerpt: ...uted by Defendant. (Complaint, ¶ 6.) In connection with the purchase, Plaintiff received an express warranty pursuant to which Defendant was to preserve or maintain the Vehicle's utility or performance, or provide compensation in the case of failure to either for a specified period of time. The warranty further provided that in the event a defect developed with the Vehicle during the warranty period, Plaintiff could deliver the Vehicle for repai...

Excerpt: ...�) and did not specifically provide for posthumously‐conceived children in his will. And so, a dispute arose between Plaintiff, individually and on behalf of her children, and Defendant, individually and as administratrix of Pesic's estate. Currently before the Court are two motions: (1) Defendant's motion to compel Plaintiff to provide a further response to an interrogatory; and (2) Defendant's request for all manner of sanctions.1 II. Motion ...

Excerpt: ...o the allegations of the operative complaint (“Complaint”), on February 16, 2017, Plaintiff was admitted to the hospital in Santa Cruz after suffering a stroke, which left him unable to perform certain physical movements and for some time affected his verbal and mental acuity and abilities. (Complaint, ¶ 6.) At the time of his stroke, William and Valerie were in the midst of a highly‐contested marital dissolution action, with a community e...

Excerpt: ...In October 2010, Brassfield and defendant Paul S.S. Elias (“Elias”) entered into a written contract for the remodeling of Brassfield's home. (FAC, ¶¶ 1 & 25.) The contract provided that Elias would add a basement and a new ground floor to the property, with construction scheduled to be completed by July 20, 2011. (Id. at ¶ 25.) Construction commenced on November 1, 2010 as contemplated by the parties, but was not completed by the July 20, ...

Excerpt: .... According to the allegations of the underlying complaint (the “Complaint”), pursuant to a written agreement dated July 16, 2015 (the “Lease”), Cross‐Defendants leased a commercial real property located at 1566 South 7th Street in San Jose (the “Premises”) to Celebuddy for the purpose of operating a medical cannabis facility. (Complaint, ¶¶ 1, 4, Exhibits A and B.) Tran, the President of Celebuddy, signed a written Guaranty of th...

Excerpt: ...rst Amended Complaint (“FAC”), BitClave is a private company with its principle place of business in San Jose that developed a blockchain‐based platform called BitClave Active Search Ecosystem, which allows consumers to control when and how they share data with retail companies. (FAC, ¶ 9.) In exchange, consumers earn Consumer Activity Tokens (‘CAT”). (Id.) At the time the company was founded in July 2017, it had two shareholders: Alex...

Excerpt: ...he Coffee Bean and Tea Leaf when she fell and suffered severe injuries while using the restroom. (First Amended Complaint [“FAC”] at ¶ 10.) The condition of the floor in the restroom caused Plaintiff to fall. (Ibid.) Plaintiff alleges that defendants occupied and controlled the subject premises. (Id. at ¶¶ 11, 17.) Plaintiff claims defendants were negligent by failing to use reasonable care to keep the property in a reasonably safe conditi...

Excerpt: ...nts County of Santa Clara (“County”), JP Dinapoli Companies, erroneously sued as Dinapoli Companies & Ruwan (“Dinapoli”) and D&D Ranch (“D&D”) (collectively, “Defendants”), where she slipped on the floor of the premises, injuring herself. (See complaint, ¶ Prem L‐1, p.4.) On October 3, 2016, Plaintiff filed a form complaint against Defendants, asserting a cause of action for premises liability with counts for: 1) Premises liabi...

Excerpt: ...ex Assurance Group, Inc. They initially wired $75,000 to an escrow agent, namely defendant Gregory L. Davis (“Davis”). They subsequently wired an additional $175,000, which was deposited with Swiss Monex Global, AG in the Bahamas. They had to take out a home‐equity loan to secure the $175,000 payment. By September 2017, Yuan had not returned the $250,000 they fronted for the transaction. In September 2018, Yuan executed a promissory note in...

Excerpt: ...wagen Group of America, Inc. (“Volkswagen”) undertook to preserve or maintain the utility or performance of Plaintiff's vehicle or to provide compensation if there was a failure in such utility or performance. (Id. at ¶¶ 9, 17.) The sale of the vehicle included an express warranty guaranteeing the subject vehicle was safe to drive and not equipped with defective parts, including the engine, electrical, and suspension. (Id. at ¶ 47.) The sa...

Excerpt: ...re the occurrence of an Urban liquidity event creating distributable cash resources in such an amount sufficient to fully repay the loan. (See second amended complaint (“SAC”), ¶ 9.) On January 18, 2016, Plaintiff was informed of an Urban liquidity event, and Plaintiff made a written demand for repayment in May 2016. (See SAC, ¶ 10.) On December 19, 2017, Plaintiff made a payment of $124,000, leaving a balance due of $858,365, but Defendant...

Excerpt: ...� 18; see also Def.'s request for judicial notice, exh. 4,.) Despite the deed of trust plainly listing the Belletto Dr. property, and not listing a different property, Plaintiff mistakenly thought that the loan was secured by a different property in San Juan Bautista. (See SAC, ¶ 18.) From 2002 to 2009, Plaintiff made all payments on the San Juan Bautista property, but nevertheless, in 2009, the San Juan Bautista property was foreclosed upon. (S...

Excerpt: ...e Coffee Bean and Tea Leaf when she fell and suffered severe injuries while using the restroom. (First Amended Complaint [“FAC”] at ¶ 10.) The condition of the floor in the restroom caused Plaintiff to fall. (Ibid.) Plaintiff alleges that defendants occupied and controlled the subject premises. (Id. at ¶¶ 11, 17.) Plaintiff claims defendants were negligent by failing to use reasonable care to keep the property in a reasonably safe conditio...

Excerpt: ...nts County of Santa Clara (“County”), JP Dinapoli Companies, erroneously sued as Dinapoli Companies & Ruwan (“Dinapoli”) and D&D Ranch (“D&D”) (collectively, “Defendants”), where she slipped on the floor of the premises, injuring herself. (See complaint, ¶ Prem L‐1, p.4.) On October 3, 2016, Plaintiff filed a form complaint against Defendants, asserting a cause of action for premises liability with counts for: 1) Premises liabi...

Excerpt: ...ex Assurance Group, Inc. They initially wired $75,000 to an escrow agent, namely defendant Gregory L. Davis (“Davis”). They subsequently wired an additional $175,000, which was deposited with Swiss Monex Global, AG in the Bahamas. They had to take out a home‐equity loan to secure the $175,000 payment. By September 2017, Yuan had not returned the $250,000 they fronted for the transaction. In September 2018, Yuan executed a promissory note in...

Excerpt: ...wagen Group of America, Inc. (“Volkswagen”) undertook to preserve or maintain the utility or performance of Plaintiff's vehicle or to provide compensation if there was a failure in such utility or performance. (Id. at ¶¶ 9, 17.) The sale of the vehicle included an express warranty guaranteeing the subject vehicle was safe to drive and not equipped with defective parts, including the engine, electrical, and suspension. (Id. at ¶ 47.) The sa...

Excerpt: ...re the occurrence of an Urban liquidity event creating distributable cash resources in such an amount sufficient to fully repay the loan. (See second amended complaint (“SAC”), ¶ 9.) On January 18, 2016, Plaintiff was informed of an Urban liquidity event, and Plaintiff made a written demand for repayment in May 2016. (See SAC, ¶ 10.) On December 19, 2017, Plaintiff made a payment of $124,000, leaving a balance due of $858,365, but Defendant...