Excerpt: ...ter of Agreement ("LOA") that was allegedly entered into on April 21, 2020. (See Complaint at "1 5-8.) The complaint states three causes of action: (1) Breach of Contract (alleging a failure to pay for materials and finished goods in breach of the LOA); (2) Breach of the Implied Covenant of Good Faith and Fair Dealing (again alleging a failure to pay for materials ordered under the LOA); and (3) Promissory Estoppel (alleging reasonable reliance o...

Excerpt: ...ctober 3, 2023, after the court overruled in part and sustained in part a demurrer to the first amended complaint. The present demurrer concerns Encore's cross-complaint, filed on June 9, 2023, which states causes of acton against Hacker for: (1) Breach of Fiduciary Duty; (2) Conversion; (3) Common Counts; and (4) Imposition of Constructive Trust. The cross-complaint alleges that Hacker was the Chief Executive Officer of Encore from 2010 to 2016 ...

Excerpt: ...BDII codes," vehicle symptom codes," "vehicle component repair codes," "customer complaint codes," and "labor operation codes" for the 2017 GMC Sierra 1500. Martin points out that "Plaintiff's counsel has several hundred cases pending against Defendant and Defendant's counsel, and has litigated hundreds of others" involving these issues. (Memorandum of Points and Authorities at p. 3:2-3.) This court has quite a few of those cases. In two of them,...

Excerpt: ...rties reached a settlement whereby FCA would pay Pewsey $38,000 and allow Pewsey to retain possession of his 2014 Dodge Ram 5500 truck. Pewsey now seeks attorney's fees in the amount of $102,220.50 plus $9,980.90 in costs. The court GRANTS the motion in large part and DENIES it in small part. There is no dispute that Pewsey is entitled to attorney's fees under the Song-Beverly Act; the only dispute between the parties is cwer the amount of those ...

Excerpt: ... to be presented in boilerplate text in Pal's brief—to be completely meritless. The court granted Farmers' moton for summary judgment, negating all of Pal's causes of action, and entered a judgment that was entirely in Farmers' favor. Second, Pal misstates the burden of proof on a motion to strike or tax costs. He argues that because he "properly objected" to the memorandum of costs, "the burden shifted to Plaintiff to introduce evidence that t...

Excerpt: ...tract; (2) Common Counts; (3) Account Stated; (4) Open Book Account; (5) Open 800k Account; and (6) Violation of Prompt Payment Statute (apparently referring to Business & Professions Code section 7108.5, though it is not identified in the body of the complaint). Attached to the complaint as Exhibit A is a copy of a "Subcontract Agreement" between the parties, identifying CPE as the "Contractor" and Arrow as the "Subcontractor." Attached to the C...

Excerpt: ...eferred to herein as "Villa Verde"; the last three defendants are referred to herein as "Sequoia." According to the complaint, filed on July 5, 2023, Getty is an "elder" within the meaning of the Elder Abuse and Dependent Adult Civil Protection Act (Welt & Inst. Code, SS 15600 et seq. (the "Elder Abuse Act")). (Complaint, 1.) She became a resident of Villa Verde, a residential care facility for the elderly on May 4, 2023, after sustaining and rec...

Excerpt: ...T and J5. AT&T has also filed a cross-complaint against '5, Electric Tech, and Lawson Roofing ("Lawson"). Currently before the court is J5's demurrer to AT&T's first amended cross-complaint. A. The underlying Complaint and KY's Cross-complaint On July 14, 2021, Sraon initiated the principal action for breach of contract and negligence against KY and Electric Tech. The complaint alleges that KY and Electric Tech failed, among other things, to "mai...

Excerpt: ...laintiffs' allegations against the County are based on Government Code sections 835 and 840.2: i.e., a dangerous condition of public property. The County has filed two motions to compel against plaintiff Ayle: (1) for an order requiring substantive responses to supplemental document requests, and (2) for an order requiring Ayle to consent to non-party T-Mobile USA, Inc.'s ("T-Mobile's") production of phone records pursuant to subpoena. The court ...

Excerpt: ...partment. Defendant County of Santa Clara does not take any express position on this motion. The City raises two arguments in response to the motion.4 First, the City contends that the police report is protected from disclosure by Penal Code section 11167.5, which is part of the Child Abuse and Neglect Reporting Act ("CANRA") (Pen. Code, SS 11164-11174.3). According to the City, the report at issue was a "substantiated" report of child abuse "tha...

Excerpt: ...ica Fernandez ("Defendants") oppose the motion, but their arguments are without merit. The court therefore GRANTS the motion. Helen, the minor plaintiff, is five years old, and her blood lead level was reported to be 25.1 micrograms per deciliter while living in the home owned and managed by Defendants. According to Plaintiffs, this is 26 times the average blood lead level of a person in the United States. Plaintiffs contend that Helen suffers fr...

Excerpt: ...022. It filed the operative First Amended Complaint ("FAC"), adding defendant Link Corporation ("Link"), on March 15, 2023. The FAC states claims for: (1) Fraud in the Inducement (against AMS, Achkar, and various Does); (2) Fraud and Deceit (against AMS, Achkar, and various Does); (3) Breach of Contract (against AMS and various Does); (4) Breach of the Implied Covenant of Good Faith and Fair Dealing (against AMS and various Does); (5) Professiona...

Excerpt: ... court GRANTS in part and DENIES in part the motion to compel further responses; the court GRANTS the motion to compel compliance. 1. Motion to Compel Further Responses As a general matter, the court finds the vast majority of Applied's document requests to be overbroad, seeking information about not just potentially stolen Applied products, but also nearly all documents relating to legitimate sources and sales of Applied products. As far as the ...

Excerpt: ...ided at the time of the commencement of the action. On April 22, 2022, Li filed the operative first amended complaint for declaratory relief ("FAC"). On September 2, 2022, Mummah filed an answer to the FAC and a cross-complaint alleging a violation of the federal and California Fair Debt Collection Practices Acts ("FDCPA") ("cross-complaint"). The cross-complaint named Li's attorney, Scott A. Flaxman, as a cross- defendant. On March 6, 2023, Flax...

Excerpt: ...") (collectively, "Defendants"). The complaint, filed on May 2, 2023, states 11 causes of action: (1) Breach of Contract (against all defendants); (2) Breach of the Covenant of Good Faith and Fair Dealing (against all defendants); (3) Promissory Estoppel (against all defendants); (4) unjust Enrichment (against all defendants); (5) Nonpayment of Wages (Labor Code, S 201(a)), (alleged against the three corporate entities); (6) unfair Competition (a...

Excerpt: ... causes of action: 1. Failure to Pay Minimum Wages (Lab. Code, SS 1182.12, 1194, 1194.2, 1197, and 1198); 2. Failure to Pay Overtime Wages (Lab. Code, SS 1194 and 1198); 3. Failure to Provide Compliant Meal Periods (Lab. Code, S 226.7); 4. Failure to Provide Compliant Rest Periods (Lab. Code, S 226.7); 5. Failure to Pay All Wages Due at Separation (Lab. Code, SS 201, 202, and 203); 6. Failure to Reimburse Necessary Business Expenses (Lab. Code, S...

Excerpt: ...o on the basis of two other standalone arguments. Having considered the parties' submissions, the court concludes that Baan Thai's arguments are without merit, and the petition should be granted. 1. Delegation of Arbitrability As threshold matter, the parties disagree about whether the arbitration agreement "clearly and unmistakeably" delegates the determination of arbitrability to the arbitrator, or whether that is something the court must decid...

Excerpt: ... to compel responses to interrogatories and document requests on Defendants. For the reasons that follow, the court GRANTS in part and DENIES in part Lippincott's motion for sanctions. The court also GRANTS Lippincott's motions to compel. 1. Motion for Sanctions a. Background This is an action for fraud, breach of contract, wrongful termination, various Labor Code violations, and numerous other causes of achon (21 in total) in which Lippincott al...

Excerpt: ...ely referred to herein as "GM." The original and still-operative complaint, filed on May 18, 2023, states two causes of action: (1) Breach of Contract (based on an "Amended and Restated Enterprise Software Licensing Agreement" entered into on September 28, 2015, as well as an associated order form and purchase order); and (2) Declaratory Judgment (seeking an interpretation of certain portions of the 2015 License Agreement). The complaint alleges ...

Excerpt: ...6.) In 2019 or 2020, a representative from Human Bees, Nick Clark, contacted Jabil to offer its services as an agency with additional staffng capabilities. (ld. at '1 9.) Clark "promised that Human Bees would able to provide more workers to Jabil faster than any other agency because it actively recruited in the local communities and churches." (ld. at '1 12.) At an in-person meeting, Clark assured Jabil that "it would be solely the responsibility...

Excerpt: ...omplaint ("FAC"), filed June 23, 2023, names Kang as the sole defendant. Based on irregularities in the pleadings and the lack of an actual dismissal on file, it is somewhat unclear to the court whether O'Connor Hospital and Santa Clara County Medical Center are still parties to this case. Plaintiffs are representing themselves in this case. II. ALLEGATIONS IN THE FIRST AMENDED COMPLAINT The FAC alleges that Kang was Phil's primary care physician...

Excerpt: ...each of the Covenant of Good Faith and Fair Dealing (against all defendants); (3) Prom-ssory Estoppel (against all defendants); (4) Unjust Enrichment (against all defendants); (5) Nonpayment of Wages (Labor Code, S 201(a)), (alleged against the three corporate entities); (6) Unfair Competition (against all defendants); (7) Fraudulent Inducement (against all defendants); (8) Intentional Misrepresentation (against all defendants); (9) Negligent Mis...

Excerpt: .... The answer generally denied the allegations and listed 28 affirmative defenses. On January 26, 2023, more than a year and a half later, the court heard and granted a motion to be relieved as counsel by Arevo's attorney. A formal order on the motion issued on March 24, 2023. Currently before the court is Festo's motion to strike Arevo's answer. There is no opposition on file. II. REQUEST FOR JUDICIAL NOTICE "Judicial notice may not be taken of a...

Excerpt: ...in Bates, and Brynn Ota-Matthews and stated causes of action for: (1) negligence and (2) premises liability against defendants Gilroy Garlic Festival Association, Inc. ("GGFA") and First Alarm Security & Patrol, Inc. ("First Alarm"). Plaintiffs filed a First Amended Complaint on February 27, 2020, with additional plaintiffs— Gabriella Gaus, Harry de la Vega, Barbara V. Aguirre, Alberto Romero, Barbara J. Aguirre, Lesley Sanchez (by and through ...

Excerpt: ...sion is unconscionable and DENIES the moton. The party challenging a contractual arbitration provision bears the burden of proving that it is both procedurally and substantively unconscionable. (OTO, LL.C. v. Kho (2019) 8 Cal.5th 111, 126.) This may be done on a sliding scale, where the more substantively oppressive the contract term, the less evidence of procedural unconscionability is required, and vice versa. (ld. at pp. 125-126.) In this case...