Excerpt: ...ecember 16, 2022 opinion reversing the judgment in this case, including its instructions on remand, this court agrees with plaintiffs. Accordingly, the court DENIES the motion to compel and GRANTS the motion for protective order. GBR's motion and its opposition to plaintiffs' motion are premised on the notion that because the Court of Appeal did not explicitly direct an entry of judgment of liability in fawr of plaintffs after the retrial that it...

Excerpt: ... was dismissed on December 27, 2022, after the parties executed a settlement agreement ("Agreement") on July 29, 2022. Plaintiffs filed the complaint in this action on January 17, 2023. It states three causes of action, all based on the Agreement: (1) Breach of Contract; (2) Breach of the Implied Covenant of Good Faith and Fair Dealing; and (3) Restitution (alleging that Defendants have "unfairly benefited" and been "unjustly enriched" as a resul...

Excerpt: ...lic Health Department's public health order, dated December 28, 2021, requiring public employees in "Higher-Risk Settings" to receive COVID-19 vaccines and any available boostersl in order to continue working. Plaintiffs do not dispute that they fall within the category of public workers in "Higher-Risk Settings." A. The Original Complaint Plaintiffs filed their original complaint on May 27, 2022, stating two causes of acton: (1) Violation of the...

Excerpt: ...tiff to introduce evidence that the costs were reasonable and necessary." (Reply at p. 1:4-27.) This argument is based on a clear misreading of the case law. In the context of a memorandum of costs, a moving party makes a "proper" objection only if the items appearing in the memorandum do not appear to be allowable charges under Code of Civil Procedure section 1033.5 on their face. (See Hooked Media Group, Inc. v. Apple Inc. (2020) 55 Cal.App.5th...

Excerpt: ...rrero authorized treatment for the cat, was informed of the cat's medical condition, and ultimately elected not to pursue further treatment. (Ibid.) After her cat passed away, Guerrero began posting negative comments about Arch Vet on social media (Twitter). (ld. at 7.) Guerrero also published a review on Yelp, the online review platform: Rating this place when I wish I could just say what I need to say. It doesn't deserve a single star. The owne...

Excerpt: ...fendant is Hieu Minh Nguyen ("Nguyen"), either by himself or along with one or more of his family members: Quy Ngoc Thi Nguyen (Nguyen's wife) and Nguyen Thi Ngoc Qui (Nguyen's daughter). In addition, these cases include cross-complaints involving several of these same parties, as well as Little Saigon Plaza Sacramento, LLC ("Little Saigon"), a former "partnership" between Luong and Nguyen that Luong apparently now controls. In each of these case...

Excerpt: ...required fts employees to receive vaccinations for SARS-CoV-2, the virus that causes the COVID-19 disease. (Ibid.) Salinas requested but did not receive a religious exemption or accommodations from Defendants, because the County determined that his request "[was] not based on a sincerely held religious belief, practice, or observance" and was instead being made on a "non-religious basis." (ld. at '1 9.) Salinas was not afforded an opportunity to ...

Excerpt: ... Prevailing Wage Pay; (2) Failure to Pay Applicable Prevailing Wage on Public Works Project; (3) Failure to Pay Wages/Minimum Wages/secret underpayment of Wages; (4) Failure to Indemnify for Expenses; (5) Failure to Provide Meal Periods; (5) Failure to Provide Rest Periods; (7) Failure to Provide and Maintain Itemized Wage Statements; (8) Failure to Pay Wages Due Upon Termination; (9) Unfair Business Practices; (10) Retaliation; (11) Wrongful Ter...

Excerpt: ...al documents relating to the Loan (collectively, the "Loan Documents"): 1. Promissory Note, dated October 5, 2018; 2. Business Loan Agreement, dated October 5, 2018; 3. Deed of Trust, dated October 5, 2018 and recorded in Contra Costa County on October 18, 2018; 4. Assignment of Rents, dated October 5, 2018 and recorded in Contra Costa County on October 18, 2018; and 5. Payment Deferral Agreement, dated April 28, 2020, subsequently amended by Ame...

Excerpt: ...motion. As instructed by the court, the parties had an informal discovery conference with Judge Carol Overton and were able to narrow their disputes, but many disputes remain. The court now GRANTS in part and DENIES in part the motion to compel, as follows: Form Interrogatories (General) Nos. 12.1 & 12.2 and Form Interrogatories (Employment) Nos. 215.1 & 215.2: The court does not understand the relevance of Ms. Viera's investigation and report to...

Excerpt: ...lowing causes of action: 1. VIOLATION OF LABOR CODE SECTION 1102.5 2. WRONGFUL TERMINATION IN VIOLATION OF PUBLIC POLICY The FAC alleges that Google employed Chatterjee as a senior engineering manager from 2018 to May 2022. (FAC, "1 10, 136.) As part of his duties, Chatterjee was responsible for evaluating the potential commercial use of a Google research project that developed design methtxls for the physical layout of computer chips ("Project M...

Excerpt: ...1. Relevant Background The parties had an arbitration in 2020 and 2021. The evidentiary hearing took place over the course of several days in June 2021, now more than two years ago. On November 10, 2021, the three-arbitrator panel from JAMS served its final award on the parties, awarding $83 million to Petitioners. On February 17, 2022, respondents Jeffrey Scharf and Sherril Smith-Scharf ("Respondents") filed a #tition in this court to correct th...

Excerpt: ...EVIDENTIARY OBJECTIONS The court declines to issue a ruling on Galan Ramirez's evidentary objections because they are not material to the outcome of the summary adjudication motion. "In granting or denying a moton for summary judgment or summary adjudication, the court need rule only on those objections to evidence that it deems material to its disposition of the motion. Objections to evidence that are not ruled on for purposes of the motion shal...

Excerpt: ...the original complaint in this action on January 4, 2019. According to the allegations of the operative first amended complaint ("FAC"), Plaintiffs operate pain management clinics. (FAC, 9, 19, 20.) They were in-network providers with Cigna for many years, until 2014. (ld. at '1 2.) After they left the Cigna network, Cigna allegedly required excessive medical records and documentation for each bill prior to payment. (ld. at 3.) According to Plain...

Excerpt: ...the Contract Documents which in any way involve Subcontractor, shall be resolved by arbitration or litigation at the sole discretion of the Contractor, and any award or judgment entered theron shall be final and binding upon Subcontractor. The venue for any legal proceeding shall be held in the county and state where the project is located. Arbitration will be in accordance with the Constructon Industry Rules of the American Arbitration Associati...

Excerpt: ...than recount the long history of litigation, which has already been recounted multiple times in this case, the court simply refers to, and incorporates by reference, the court's prior orders of January 7, 2020 (issued by Judge Pierce), March 6, 2020 (judgment entered by Judge Pierce), September 24, 2020 (signed by Judge Barrett), and November 8, 2022 (signed by Judge Kirwan). Defendant Nordstrom, Inc. ("Nordstrom") requests that the court take ju...

Excerpt: ...e opposes the motion, arguing that Hix and Fahn have shown an insuffic:ient basis for quashing the subpoena; alternatively, if Fahn is excused from testifying at trial, RealPage asks that her declaration and deposition testimony be excluded, as well. This is an unusual situation, because unlike most witnesses who seek to be excused from testifying for medical reasons, Fahn has already testified for 12 hours over the course of three days of deposi...

Excerpt: ...f the FEHA (employment discrimination); (2) Failure to Pay Wages Due and Owing (violation of Labor Code SS et seq.); (3) Breach of Contract; (4) Breach of the Implied Covenant of Good Faith and Fair Dealing; and (5) Unfair Competition. The FAC alleges that Stroud began working for Intermedia in December 2014 and that she resigned in January 2019. Previously, Intermedia brought a demurrer to the FAC's second, third, fourth, and fifth causes of act...

Excerpt: ...signed multiple houses in different styles and provided photos of these designs to Li — representations confirmed by Zoran's wife, Elizabeth, in November 2021. (Complaint, '1 6.) Defendants represented that they had years of ex#rience in designing houses and working with the City of Palo Alto's zoning authorities to obtain new constructon and remodeling permits. (Ibid.) Defendants also represented that they carefully, honestly, billed their cli...

Excerpt: ...and the meet-andconfer correspondence. As a general matter, the court agrees with ChargePoint that most of Larrenaga's document requests are exceedingly overbroad, encompassing large quantifies of information that are neither relevant nor reasonably calculated to lead to the discovery of admissible evidence, but that also undoubtedly impose a significant burden upon ChargePoint to collect and produce. At the same time, the court also agrees with ...

Excerpt: ...rs, LLC ("SJHD") opposes, arguing that Butler does not have a substantial interest in the case because she is merely the successor in interest of the decedent, Hanan Butler (her son). SJHD also points out that Butler does not have any personal knowledge of the motorcycle incident that is the focus of this lawsuit. Finally, SJHD contends that Butler's motion lacks a sufficient evidentiary foundation to establish her age and her health condition, a...

Excerpt: ...s ("786") and Irfan Pathan ("Pathan") (collectively, "cross-defendants") on December 22, 2022. In their cross- complaint, Mahameed and Omari allege ownership of the property at 2110 Maykirk Rd., San Jose, CA (the "Subject Property"). (Cross-Compl., 12.) In January 2022, they hired Pathan and 786 Construction Consulting Services to work on the kitchen and bathroom remodel with "a total price of $271,723.00." (ld. at '1 15.) Mahameed and Omari did ...

Excerpt: ...tiff and (2) a showing by the plaintiff of a reasonable probability of prevailing on the merits. (Hunt v. Superior Court (1999) 21 Cal.4th 984, 999-1000.) The plaintiff has the burden of showing plaintiff would be harmed if the preliminary injunction were not granted. (Casmalia Resources, Ltd. v. County of Santa Barbara (1987) 195 Cal.App.3d 827, 838.) Plaintiff has made a sufficient showing that the balancing of hardships weigh in favor of plain...

Excerpt: ...tiff and (2) a showing by the plaintiff of a reasonable probability of prevailing on the merits. (Hunt v. Superior Court (1999) 21 Cal.4th 984, 999-1000.) The plaintiff has the burden of showing plaintiff would be harmed if the preliminary injunction were not granted. (Casmalia Resources, Ltd. v. County of Santa Barbara (1987) 195 Cal.App.3d 827, 838.) Plaintiff has made a sufficient showing that the balancing of hardships weigh in favor of plain...

Excerpt: ...acts of violence at the Gilroy Garlic Festival prior to 2019; (3) specific acts of violence that led to a policy banning gang colors, weapons, and other items from the Gilroy Garlic Festival prior to 2019; (4) erection, maintenance, and monitoring of the perimeter fence at the festival, including discovery of breaches of the fence; and (5) coordination and communication between the defendants regarding security measures at the festival. The court...