Excerpt: ...Factual This is an action for violation of Title IX, among other things. According to the allegations in the SAC, for over fourteen years, San Jose State University's ("SJSU") head athletic trainer, Shaw, sexually abused countless female student-athletes during allegedly sports-related massages by inappropriately and without consent touching them in their private areas. (SAC, '1 1.) Plaintiffs suffered lasting humiliation and trauma as a result o...

Excerpt: ...GROUND This action arises from a claim for medical malpractice. Plaintiff Jacquelyn Nicole Maddox alleges as follows: Shehad chronic symptoms associated with an enlarged uterus. (Compl 112.) She undemvent an abdominal hysterectomy performed by two Unecologists, Dr. Allison Canavan and Dr. Jennifer Chen. (ld.) After the surgery, Plaintiff complained of vaginal bleeding, vaginal discharge and pelvic pain, but the gynecologists told her this was nor...

Excerpt: ...intiff Nicole Johnson FiledApri1 27, 2023 Filed June 13, 2023 Filed June 20, 2023 Defendants move to strike paragraph 122 of Plaintiffs complaint BACKGROUND This case arises out of Plaintiff Nicole Johnson's claim that on January 4, 2023, she suffered burns and injuries as a result of Defendants' negligent performance of a laser hair removal procedure. Plaintiff filed this complaint March 24, 2023, alleging eight causes of action for (1) general ...

Excerpt: ...y sanctons in connection with her motion, and Defendant seeks monetary sanctions in connection with its opposition to Plaintiff's moton. As discussed below, the Court DENIES Defendant's motion and GRANTS Plaintiff's motion in part and DENIES it in part. As to monetary sanctions, the Court GRANTS Plaintiff's request in part and DENIES Defendant's request. l. BACKGROUND Plaintiff Daniella Velasquez filed this action on June 14, 2021. Following a di...

Excerpt: ...UND This case arises from a dispute over an allegedly defective Honda Pilot Plaintiff Maria Maldonado leased a 2020 Honda Pilot, manufactured and/or distributed by Defendant American Honda Motor Company, Inc. ("AHMC"). (Compl. 6.) Plaintiff received an express warrant•ywhich provided that in the event of a defect during the warranty period, Plaintiff could deliver the car for repair service to AHMC's representative and the carwould be repaired....

Excerpt: ...UND This case arises from a dispute over an allegedly defective Honda Pilot Plaintiff Maria Maldonado leased a 2020 Honda Pilot, manufactured and/or distributed by Defendant American Honda Motor Company, Inc. ("AHMC"). (Compl. 6.) Plaintiff received an express warrant•ywhich provided that in the event of a defect during the warranty period, Plaintiff could deliver the car for repair service to AHMC's representative and the carwould be repaired....

Excerpt: ...n to strike the class claims. Plaintiff opposes the motion in both respects. As discussed below, the Court SUSTAINS the demurrer WITHOUT leave to amend, and DEEMS AS MOOT the motion to strike. l. BACKGROUND According to Plaintiff, Google has approximately 80,000 employees in California. (SAC, p. 12:31.) Plaintiff estimates Google breached the contracts of at least 31% or 25,000 of its employees during each year from 2018 through 2022. (ld. at p. ...

Excerpt: ...CURTIS. an individual: EUGENE SACCO. an individual: THE SACCO GROUP. LLC. a California limited liabilitv corporation: THE SACCO GROUP. LLC. dba SURETY SOLUTIONS. TOO TIRED TO COOK LEGION CLUB OF PASADENA. and MICRO PROJECT MANAGEMENT COMPANY: and DOES 1 to 100. inclusive. 21GDCV00949 EX PARTE APPLICATION FOR STAY OF THE PROCEEDINGS RESPONDING PARTY: SERVICE: RELIEF REQUESTED Defendants The Legion Corporation of Pasadena, Michael Seaton, Lynne Gar...

Excerpt: ...GROUND This action arises from a claim for medical malpractice. Plaintiff Jacquelyn Nicole Maddox alleges as follows: Shehad chronic symptoms associated with an enlarged uterus. (Compl 112.) She undemvent an abdominal hysterectomy performed by two Unecologists, Dr. Allison Canavan and Dr. Jennifer Chen. (ld.) After the surgery, Plaintiff complained of vaginal bleeding, vaginal discharge and pelvic pain, but the gynecologists told her this was nor...

Excerpt: ...on in part and DENIES it in part. l. BACKGROUND Defendant is a construction contractor and employed Plaintiff as a non-exempt employee in May 2022 with responsibilities for machine maintenance, mechanical repairs, drilling and handling heavy machinery. (Complaint, 2.) Plaintiff alleges that Defendant failed to pay him and other employees minimum and overtime wages. (Complaint, 10-11.) He also claims that he and other employees did not receive mea...

Excerpt: ... the allegations of the operative First Amended Complaint ("FAC"), Embarcadero Media owns and publishes Palo Alto Online and Palo Alto Weekly (the "Weekly"), which cover local news. Johnson is the founder of Embarcadero Media and a shareholder, and the publisher of the material that allegedly defamed Plaintiff. Plaintiff, who is the parent of a child who has attended schools in the Palo Alto Unified School District (the "District"), is the "Chief...

Excerpt: ...llegations of the first amended complaint ("FAC"), Leedeman incurred a financial obligation in the form of a consumer credit account issued by Capital One Bank (LISA) N.A. ("Capital One"). (FAC, '1 12.) Leedeman denies she owes any debt on this account. (Ibid.) On or about March 15, 2019, Capital One sold the alleged debt to MCM for collection. (FAC, 14.) MCM sent Leedeman an initial collection letter on April 10, 2019, which included an insert. ...

Excerpt: ... The Court issued a tentative ruling on April 19, 2023 indicating it was inclined to grant Plaintiffs' motion, subject to the parties' agreement to amend the release to conform with Amaro v. Anaheim Arena Management, LLC (2021) 59 Cal.App.5th 521 (Amaro) and Plaintiffs' submission of some additional information. Having reviewed Plaintiffs' Supplemental Brief, the Bell Supplemental Declaration, and attached exhibits including the Amended Settlemen...

Excerpt: ...BACKGROUND A. Factual Plaintiff worked at Goodwill from March to June 2017. He notified Goodwill upon his hiring that he suffered from disabilities, including seizures and vascular artery disease, which required he be assigned a seated position. In his initial job assignment in the Kit-tng and Packaging department, Plaintiff was able to sit down for the majority of his time and move around when necessary. In June 2017, Plaintiff's manager, defend...

Excerpt: ... Ruiz ("Plaintiff Ruiz"), and Roxana Aguilar ("Plaintiff Aguilar") (collectively, "Plaintiffs") allege that Defendant failed to pay employees for all hours worked, failed to provide meal and rest periods, failed to timely pay wages during employment and upon termination, failed to provide accurate wage statements, and failed to reimburse for required ex#nses. Before the Court is Plaintiff's motion for approval of a settlement, which is As discuss...

Excerpt: ...h District Court of Appeal ("Court of Appeal") and Plaintiff later cross-appealed. While the appeal was pending, the parties negotiated a settlement. Now before the Court is Plaintiff's motion for preliminary approval of class action settlement, which is unopposed. For reasons discussed below, the Court GRANTS Plaintiff's motion, but requests that the parties make certain small changes to the notice and that they provide class members with a form...

Excerpt: ...on in part and DENIES it in part. l. BACKGROUND Defendant is a construction contractor and employed Plaintiff as a non-exempt employee in May 2022 with responsibilities for machine maintenance, mechanical repairs, drilling and handling heavy machinery. (Complaint, 2.) Plaintiff alleges that Defendant failed to pay him and other employees minimum and overtime wages. (Complaint, 10-11.) He also claims that he and other employees did not receive mea...

Excerpt: ... for preliminary approval of a settlement, which is Previously, the Court sent the parties a tentative ruling asking them to amend the release to conform with Amaro v. Anaheim Arena Management, LLC (2021) 69 Cal.App.5th 521 (Amaro) and make certain additional clarifications and correctons. Plaintiffs' counsel has provided two supplemental declarations and an u#ated settlement agreement, which dramatically changes the definition of the proposed cl...

Excerpt: ...ages, failed to provide accurate itemized wage statements, and committed other wage and hour violations. Now before the Court is Plaintiff's motion for preliminary approval of a settlement, which is unopposed. As discussed below, the Court GRANTS the motion, but requests that the parties make certain small changes to the notice and that they provide class members with a form for opting out of the settlement. BACKGROUND Plaintiff began employment ...

Excerpt: ...proval. l. BACKGROUND Maxar specializes in the manufacture of satellites and the provision of satellite-related services. (Second Amended Complaint ("SAC", '1 11.) Maxar's subsidiary Space Systems/Loral LLC ("SSL"), its related satellite communications business, and its satellite manufacturing and R&D operations, including the facilities and business segments central to the allegations here, are located in Palo Alto. (Ibid.) At the time of the Me...

Excerpt: ...man's ("Ms. Hyman") pro hac vice application. For the reasons discussed below, Ms. Hyman's pro hac vice application is GRANTED and Plaintiff's motion for leave to file the FAC is GRANTED. l. FACTUAL A. Background According to the allegations of the Complaint, pursuant to its account documents, Defendant is allowed to charge a single $29 NSF fee or OD fee when a transaction is returned for insufficient funds or paid despite insufficient funds. (Co...

Excerpt: ..., 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 Plaintiff's motion for final approval of the settlement, attorney fees, costs, and incentive award. Plaintiff's motion is unopposed. As discussed below, the Court GRANTS final approval. l. LEGAL STANDARDS FOR SETTLEMENT APPROVAL A. Class Action Generally, "questions whether a ...

Excerpt: ...e two motions: (1) Mr. Hess's motion to dismiss the remaining claims against him pursuant to Code of Civil Procedure sections 583.210; and (2) iTy Labs Corp.'s and Jose Cong's (collectively, the "iTy Defendants") motion to strike Plaintiff's jury demand as to the nan-stayed causes of action and equitable defenses, or in the alternative bifurcating the equitable and legal issues for trial with the equitable issues to be tried first.2 As discussed ...

Excerpt: ...name "Findora." In Case No. 20CV372622 ("Ab-ttan"), Temujin alleges that Defendants and Crosscomplainants Ariel Abittan, Benjamin Fisch, and Charles Lu conspired to: (a) assert a false claim of ownership of its business; (b) misappropriate its trade secrets; (c) usurp and interfere with control over its assets, such as social media accounts; and (d) interfere with its relationships with investors and business partners. Mr. Abittan, a former busin...

Excerpt: ... statements, and committed other wage and hour violations. Now before the Court is Plaintiffs' motion for preliminary approval of a settlement, which is unopposed. As discussed below, the Court is inclined to grant preliminary approval, but wants Plaintiffs to provide additional information regarding Plaintiff Aguilar's Age Discrimination in Employment Act claim and to make certain minor modifications to the class notice. BACKGROUND Plaintiff Agu...