Excerpt: ...d Doe defendants (collectively, “Defendants”) to provide Plaintiff with fall protection and proper training, to properly inspect the premises, and to warn of dangerous conditions that were known or should have reasonably been known to these defendants. (See complaint, ¶¶ 9‐10.) The premises were owned by defendant Wilshire Park Townhouse Association. (See complaint, ¶ 11.) East West Building Services, LLC— which is not a party to this ...

Excerpt: ... Kim Le (“Annie”) executed a personal guarantee, guaranteeing and promising to pay any and all indebtedness of AGOC. (See 4AC, third cause of action, ¶¶ 12‐13.) AGOC defaulted on its account owing Plaintiff, as of 12/31/19, the sum of $31,945.19 plus interest at the rate of 24 percent per annum. (See 4AC, ¶ 14.) On August 26, 2020, after Plaintiff filed the initial complaint, Annie filed a petition for relief under Chapter 13 of the Bank...

Excerpt: ...ing that Petitioners have not and cannot establish the requisite mistake, inadvertence, surprise, or excusable neglect required to obtain relief. For the reasons discussed below, the Court DENIES the petition. I. BACKGROUND Petitioner Heather Balleza is the surviving wife of Adrian Balleza and the mother of Adrian's son Joseph, age 3. Petitioner Juan Jose Balleza is Adrian's surviving brother. Juan Balleza is a VTA employee himself and was on the...

Excerpt: ...for production of documents, set one (“RFP”s); and (3) Defendant's motion to compel further deposition answers by Plaintiff. All three motions are opposed, and both sides seek monetary sanctions in connection with each motions. As discussed below, the Court GRANTS both of Plaintiff's motions and awards monetary sanctions against Defendant and its counsel for opposing them without substantial justification. The Court DENIES Defendant's request...

Excerpt: ...inary approval. I. BACKGROUND Defendant provides retail banking services and owns and operates six credit union branch locations in California. (First Amended Class Action Complaint (“FAC”), ¶ 11.) It employed Plaintiff as a salary‐paid, non‐exempt Financial Services Representative II from approximately July 2019 to June 2020, at branch locations in San Jose and Santa Clara. (Id., ¶ 4.) Plaintiff typically worked seven to eight hours or...

Excerpt: ...nopposed. As discussed below, the Court GRANTS preliminary approval. I. BACKGROUND Defendants employed Plaintiff as an hourly‐paid, non‐exempt employee in the County of Santa Clara during the relevant period. (First Amended Class Action Complaint for Damages (“FAC”), ¶ 18.) Plaintiff alleges that he and other employees were regularly denied meal and rest periods, or their meal or rest periods were shortened, interrupted, and/or provided ...

Excerpt: .../k/a Facebook, Inc.), Instagram LLC, and Mark Zuckerberg's (collectively, the “Meta Defendants”) demurrer on the ground that every cause of action in the Complaint fails to state a claim and is barred by section 230 of the Communications Decency Act (the “CDA”).2 (Code Civ. Proc., § 430.10, subd. (e).) Plaintiff opposes the demurrer. As discussed below, the Court SUSTAINS the demurrer with 30 days' leave to amend. I. BACKGROUND Plaintiff...

Excerpt: ...rt are: (1) Defendants' motion for summary judgment, or in the alternative, summary adjudication and (2) Plaintiffs' motion for summary adjudication of issues. As discussed below, the Court GRANTS Defendants' motion and DENIES Plaintiffs'. I. BACKGROUND As alleged in the complaint, Mr. Jasper was the Chief Financial Officer (“CFO”) and Vice President of Maxim from 1998 to 2007. (Complaint, ¶ 18.) On January 31, 2007, Mr. Jasper terminated hi...

Excerpt: ...our violations. The parties reached a settlement, which the Court preliminarily approved in an order filed on April 22, 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 awards. The motion is unopposed. As discuss...

Excerpt: ...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 and for approval of his attorney fees, costs, and service award. The motion is unopposed. As discussed below, the Court GRANTS final approval. I. LEGAL STANDARDS FOR SETTLEMENT APPROVAL A. Class Action Generally, “questions whether a [class action] settlement was fair and...

Excerpt: ...s motion. As discussed below, the Court DENIES M.D.E.'s motion in its entirety. I. BACKGROUND A. Factual According to the complaint, Plaintiff worked for Defendants in Santa Clara County as an hourly‐paid, non‐exempt employee from August 2019 to July 2020. (Class Action Complaint, ¶ 7.) Plaintiff alleges that Defendants were each his employers and are liable for the conduct of one another on one of several theories. (Id., ¶ 12.) Plaintiff a...

Excerpt: ...so addressed a request by Defendant that the Court strike Plaintiff's PAGA claim as unmanageable: Finally, Northr[o]p Grumman urges that, for the same reasons it argues against certification, the Court should “exercise its inherent authority to strike [Plaintiff's] PAGA claims—which are significantly broader than the proposed class—due to a lack of manageability.” While the Court has the authority to strike unmanageable PAGA claims, it de...

Excerpt: ... compel arbitration of the PAGA claim, based on the United States Supreme Court's recent decision in Viking River Cruises, Inc. v. Moriana (2022) ___U.S.___ [142 S. Ct. 1906, 2022 U.S. LEXIS 2940] (Viking River). Plaintiff opposes the motion on several grounds. As discussed below, the Court GRANTS Defendant's motion in part and DENIES it in part. I. BACKGROUND As alleged in the operative complaint, Defendant does business in California as Mollie ...

Excerpt: ... the name “Findora.” In Case No. 20CV372622 (“Abittan”), 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...

Excerpt: ...gencies' motion for terminating sanctions against the City of San Jose (“San Jose”) for asserted disobedience of a stipulated discovery order entered on June 21, 2022 (the “Stipulated Order”), following other asserted discovery abuse. Alternatively, the Tributary Agencies seek an order appointing a special master to review San Jose's compliance with its discovery obligations, to be paid for by San Jose, and compelling immediate compliance...

Excerpt: ...n for summary adjudication of both causes of action asserted in InESS's First Amended Complaint (“FAC”) in Case No. 19CV347622 and (2) InESS's motion for summary adjudication of its fifth cause of action in Case No. 19CV350478 and of the “issue” that “Cisco is precluded from asserting that it has sustained monetary damages … because Cisco's claim has been presented and defeated in [Mr.] Bhikha's Criminal case Proceedings.” Both moti...

Excerpt: ...ement, which the Court preliminarily approved in minute order dated July 7, 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 are Plaintiff's motions for final approval of the settlement and for approval of his attorney fees, costs, and service award. The motions are unopposed. As discussed below, the Court GRANTS both motions. I....

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 is Plaintiff's motion for final approval of the settlement and for approval of his attorney fees, costs, and service award. Plaintiff's motion is unopposed. As discussed below, the Court GRANTS final approval. I. LEGAL STANDARDS FOR SETTLEMENT APPROVAL A. Class Action Generally, “questions whether a [class action] sett...

Excerpt: ...o names Veeco as a nominal defendant. In January 2021, the Court sustained Defendants' demurrer to the amended complaint without leave to amend based on Plaintiff's failure to plead demand futility. Plaintiff appealed that decision. While the appeal was pending, the parties negotiated a settlement. The Court granted preliminary approval to the settlement in an order filed on September 12, 2022. Fuller summaries of the action's factual and procedu...

Excerpt: ...sclosures in connection with background checks; and committed other wage and hour violations. The parties reached a settlement, which the Court preliminarily approved in an order filed on June 13, 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 and for approval of her at...

Excerpt: ... in an order filed on June 13, 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 and for approval of her attorney fees, costs, and service award. The motion is unopposed. As discussed below, the Court GRANTS final approval, now that Plaintiff has filed an amended complaint...

Excerpt: ... reached a settlement, which the Court preliminarily approved in an order filed on June 16, 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 and for approval of his attorney fees, costs, and service award. The motion is unopposed. As discussed below, the Court GRANTS fina...

Excerpt: ...In August 2017, another Samaritan employee, Jennifer Richert, filed a similar action related to her wage statements, Richert v. Samaritan, LLC (Super. Ct. Santa Clara County, No. 17CV314186) (Richert). Ms. Richert is represented by the same counsel who represent Plaintiff here. She alleges that, during pay periods when she received overtime wages, her wage statements failed to identify the accurate total hours worked as required by the Labor Code...

Excerpt: ...ely, “Plaintiffs”) are tenants at the Property. (Id. at ¶ 5.) According to the complaint, the following conditions existed on the Property: (a) Insect infestations and lack of insect control; (b) Bites from insects; (c) Water leaks and intrusion; (d) Water damage; (e) Toxic mold causing mold spores to float in the air and be inhaled by Plaintiffs, thereby causing serious medical and health problems; (f) Holes in ceiling and/or interior walls...

Excerpt: ...hour violations. Before the Court are (1) HCA's motion to compel arbitration pursuant to the United States Supreme Court's recent decision in Viking River Cruises, Inc. v. Moriana (2022) ___U.S.___ [142 S. Ct. 1906, 2022 U.S. LEXIS 2940] (Viking River) and (2) Plaintiff's motion to stay the matter pending a decision by the Supreme Court of California that is expected to provide guidance about the impact of Viking River (see Adolph v. Uber Technol...