Excerpt: ...the Honorable Patricia M. Lucas on February 28, 2020 at 9:00 a.m. in Department 3. The Court now issues its tentative ruling as follows: IV. INTRODUCTION According to the allegations of the First Amended Complaint (“FAC”), filed on September 9, 2019, plaintiff Backstage Networks, Inc. (“Plaintiff”) provides live event technology services, including information technology, internet, and temporary data networking infrastructure. (FAC, ¶ 6....

Excerpt: ...ent 3. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a construction defect action involving a condominium development. The Second Amended Complaint, filed on April 4, 2018, sets forth the following causes of action: (1) Breach of Express Warranties; (2) Breach of Implied Warranties; (3) Violation of Statute (Civil Code, § 896, et seq.); and Breach of Declaration of Covenants, Conditions, and Restrictions. 2 1 2 3 ...

Excerpt: ...CTION This is a case for recovery of penalties under the California Labor Code Private Attorneys General Act of 2004 (“PAGA”). The Complaint, filed on February 7, 2018, sets forth the following causes of action: (1) PAGA Penalties for Failure to Pay Wages Owed; (2) PAGA Penalties for Failure to Provide Meal Periods; (3) PAGA Penalties for Waiting Time Penalties; and (4) PAGA Penalties for Itemized Wage Statement and Recordkeeping Violations. ...

Excerpt: ...partment 3. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action brought by plaintiffs Wade Shumway (“Shumway”) and Johanna Tovar (“Tovar”) (collectively, “Plaintiffs”), arising out of various alleged Labor Code violations. According to the allegations of the Second Amended Class Action Complaint (“SAC”), filed on April 2, 2019, defendant Intuit, Inc. (“Defendant”) has a program...

Excerpt: ...us alleged wage and hour violations. The parties have reached a settlement. Plaintiffs Enrique Torres, Ruben S. Hermosillo, and Rosario De La Trinidad (collectively, “Plaintiffs”) now move for preliminary approval of the settlement. II. LEGAL STANDARD Generally, “questions whether a settlement was fair and reasonable, whether notice to the class was adequate, whether certification of the class was proper, and whether the attorney fee award ...

Excerpt: ...TRODUCTION This is a putative class action. Plaintiffs Cathy O'Brien and Laura Adney (collectively, “Plaintiffs”) are social media influencers. (Amended Class Action Complaint (“Complaint”), ¶¶ 4‐5.) Thousands of influencers across the country recently learned that defendant PopSugar, a pop culture website focusing on celebrity news, entertainment, fashion, which has its own shopping platform, impersonated and misappropriated the infl...

Excerpt: ...he 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 June 11, 2019, plaintiff Nicholas Vincent Serio (“Plaintiff”) seeks statutory damages against defendant Portfolio Recovery As...

Excerpt: ... 31, 2020 at 9:00 a.m. in Department 3. The Court now issues its tentative ruling as follows: IV. INTRODUCTION This is a putative class action. According to the allegations of the First Amended Class Action Complaint for Damages and/or Declaratory Judgment and/or Injunctive Relief (“FAC”), filed on November 23, 2019, plaintiff Lowri McGill (“Plaintiff”) was a resident and tenant at a residential rental property known as Vine by Vintage. (...

Excerpt: ...NT The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on January 24, 2020, at 9:00 a.m. in Department 3. The Court now issues its tentative ruling as follows: I. INTRODUCTION According to the allegations of the First Amended Complaint (“FAC”), filed on August 15, 2019, this case concerns the construction of a multi‐unit residential project (the “Project”). (FAC, ¶ 17.) Plaintiff The Globe Homeowners...

Excerpt: ... venue was ordered transferred on May 4, 2017. On August 1, 2018, the court clerk's office filed a letter rejecting for lack of a signature an attempted filing by Plaintiff of a Case Management Conference Statement in which Plaintiff listed her address as 1560 Fulton Street #103, Fresno CA 93721. On October 4, 2018, Defendants served the following three discovery requests on Plaintiff by mail at the address Plaintiff used when attempting to file ...

Excerpt: ... child abuse. In the course of making their assessment, the medical professionals allegedly removed L.C. from Plaintiff Margariti's custody and performed examinations of L.C. (including a head CT scan) without Plaintiffs' consent. The First Amended Complaint (“FAC”), the operative pleading filed December 17, 2018, states seven causes of action against Defendants Stanford Hospital, Stanford Healthcare, Lucile Packard Childrens Hospital, Stanfo...

Excerpt: ...App.5th 191, 199‐ 206. The motion is denied. Plaintiffs' request for sanctions is granted. On or before July 19, 2019, Defendants shall pay to Plaintiffs the sum of $1,000 as and for attorney fees incurred in connection with this motion. Defendants also move for a second mental examination of Plaintiff William Ferris. The motion fails to comply with Code of Civil Procedure section 2032.310(b) because it fails to set forth any of the specific pa...

Excerpt: ...e Services, LLC (“TBG West”), a licensed insurance broker and agent, to procure insurance for him. (Id. at ¶¶ 11, 15, 16, 41, 42, 47, & 48.) TBG West sold Plaintiff a disability insurance policy from Provident, an insurance company owned and operated by Unum Group. (Id. at ¶¶ 1‐3, 11, 14, 15, & 19.) Unum Group is allegedly Provident's alter ego and controls, directs, and supervises Provident's activities. (Id. at ¶¶ 2‐6.) When he pu...

Excerpt: ...Care demurred to the original complaint and on January 29, 2019 the Court adopted as final the uncontested tentative order sustaining that demurrer to all three causes of action on the ground that they failed to state sufficient facts. Ten days' leave to amend was granted expressly because it was the first pleading challenge and in spite of the opposition's failure to address how any of the claims could be amended to state sufficient facts. The o...

Excerpt: ...l Medical Center and Good Samaritan Hospital (collectively, “Plaintiffs”) and defendant County of Santa Clara dba Valley Health Plan (“Defendant”). According to the Complaint, filed on December 15, 2020, Plaintiffs operate emergency departments in Santa Clara County and provide emergency medical services to patients. (Complaint, ¶ 1.) Defendant is a licensed “health care services plan” under the Knox‐Keene Act. (Id. at ¶ 2.) Patie...