Excerpt: ...an unauthorized surreply (l abeled a “reply”) dated May 2, 2024 —Huang requests that the award be vacated, even though he has not filed a separate petition or notice of motion to vacate the award.3 Accordingly, the only petition properly before the court is one to confirm the award. But because the parties have combined all of their arguments in favor of confirming or vacating the award into five different briefs for this hearing —and...

Excerpt: ...motion to compel further responses to interrogatories, and (3) a motion to compel further responses to requests for admissions. In addition, the City moves for monetary sanctions against defendants and their former attorney, Ana Vásquez, who withdrew from representation on Novemb er 21, 2023. Because Hitesh and Golden State are companies who are no longer represented by Vásquez or any other counsel, they are unable to appear, and they have not ...

Excerpt: ...al interrogatories; and (3) a motion to deem the truth of matters and the genuineness of documents specified in requests for admissions. In addition, Jabil has requested monetary sanctions in the amount of $30,825. Human Bees opposes the motions and requests $10,000 in sanc tions against Jabil. For the reasons that follow, the court GRANTS in part and DENIES in part the motion regarding documents; the court DENIES the motions regarding the inter...

Excerpt: ...y party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 01 May 2024. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo --- Order on Motion of Defendant Sam baNova Systems, Inc. To Compel Arbitration and Stay Proceedings. I. Statement of Facts. Plaintiff filed this complaint on 19 December 2023.1 The complaint alleges cause of action for (1...

Excerpt: ...in the property to Tam. (See complaint, ¶¶ 8 -9.) On January 13, 2017, Tam caused a grant deed (“Grant Deed 1”) to be recorded in the Santa Clara County Recorder's Office that purported to state that Plaintiff had granted and delivered to Tam a share of Plaintiff's property for no consideration in joint tenancy with Tam. (See complaint, ¶ 5.) However, Plaintiff never agreed to give Tam a share of the property. (Id.) On August 17, 2017, def...

Excerpt: ..., San Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 01 May 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Order On The Chia la Defendants' Motion For Summary Judgment. I. Background. A. Plaintiff's First Amended Complaint. Defendants George Chiala Farms, Inc. (“GCF”) and Chiala Family Property Management, ...

Excerpt: ... San J ose. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 01 May 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Orders On: (1) General Motors LLC's Demurrer To Plaintiffs' Second Amended Complaint; and (2) General Motors LLC's Motion To Strike Punitive Damages From Plaintiffs' Second Amended Complaint. I. Statement ...

Excerpt: ...o design, build, and install kitchen and bathroom cabinets. Emil Eshagh was/is involved in the operation of The Perfect Finish. Subsequently, Plaintiffs filed suit against Eshagh and The Perfect Finish, DBA All Perfect Finish, for breach of contract, among other cl aims. On January 14, 2022, Plaintiffs obtained a default judgement against Eshagh and The Perfect Finish Inc. in the amount of $50,733.28. (FAC ¶¶ 8 -10.) On May 1, 2023, during a d...

Excerpt: ...��SAC,”) Plaintiff has been the owner of real property located at 2664 Senter Road, Unit No. 116, San Jose, California (“the Property”) since 1990. (SAC, ¶ 1.) FCMC is a collection agency and the “servicer of the beneficiary,” Wilmington Savings Fund, FSB (“Wilmington”). (SAC, ¶ 3.) Wilmingt on functions solely as a “Certificate of Trustee” of Bosco Credit VI Trust Series 2011 -1. (Ibid.) The SAC alleges Plaintiff signed a p...

Excerpt: ...s General Act of 2004 (Labor Code §§ 2698, et seq.) (“PAGA”). On June 7, 2023, the court entered a Stipulation to Permit Filing of Consolidated Complaint; Order (“Stipulation”), which granted Plaintiff leave to file a consolidated complaint. The Stipulation states that Plainti ff filed a putative wage and hour class action, Sima Adami v. Prime Now LLC (Santa Clara County Superior Court, Case No. 21CV379287), in addition to her PAGA re...

Excerpt: ...n for: (1) Fail ure to Pay Minimum Wages [Cal. Lab. Code §§ 204, 1194, 1194.2, and 1197]; (2) Failure to Pay Overtime Compensation [Cal. Lab. Code §§ 1194 and 1198]; (3) Failure to Provide Meal Periods [Cal. Lab. Code §§ 226.7, 512]; (4) Failure to Authorize and Permit Re st Breaks [Cal. Lab. Code § 226.7]; (5) Failure to Indemnify Necessary Business Expenses [Cal. Lab. Code § 2802]; (6) Failure to Timely Pay Final Wages at Termination [C...

Excerpt: ...uses of action f or: (1) Violation of Labor Code §§ 510, 558, and 1194; (2) Violation of Labor Code §§ 226.7 and 512; (3) Violation of Labor Code § 2802; (4) Violation of Labor Code § 226; (5) Violation of Business and Professions Code §§ 17200, et seq.; and (6) Violation of Labor Code §§ 2698, et seq. (“PAGA”). The parties reached a settlement. Plaintiff Marie Rebelo Showalter (“Plaintiff”) moved for preliminary approval of the...

Excerpt: ...) (“First Action”); and (2) Kenneth Nguyen v. Port Plastics, Inc. (Santa Clara County Superior Court, Case No. 22CV394403) (“Second Action”). The Representative Action Complaint filed in the First Action on February 15, 2022, set forth a single cause of action for Civil Penalties Pursuant to Labor Code §§ 2699, et seq. (“PAGA”) based on underlying wage and hour violations. The Class Action Complaint filed in the Second Action on F...

Excerpt: ...vices, Inc. (“Def endant”) on July 21, 2022. The complaint alleged a single cause of action under the Private Attorneys General Act of 2004 (“PAGA”). Several months later, on November 17, 2022, Plaintiff filed a first amended complaint adding several class claims. Defendan t removed the action to federal court on December 16, 2022. On September 14, 2023, Plaintiff filed the operative second amended complaint (“SAC”), which alleges ...

Excerpt: ...dling t o make an offer to purchase a $1.3 million dollar property (the “Property”) for Love. (Ibid.) Love instructed Wandling not to inform LeRoy about the purchase, which would have required that Wandling deplete his entire life savings, apply his only source of income —social security payments — to purchase the Property, and assume mortgage payments in excess of $8,000 per month. (Ibid.) Plaintiff further alleges she prevented Love's a...

Excerpt: ...On January 31, 2023, Plaintiff sued Defendant for negligence. On April 13, 2023, Defendant presented a claim against the Courty of Santa Clara (“County”) for personal injuries that he sustained in the bicycle accident with Plaintiff. Defendant specified that the County was li able pursuant to Govt. Code § 835 (dangerous condition) and it indicated that that Plaintiff, an employee of the DOT, was involved in the injury to Defendant. See Ex. ...

Excerpt: ...became ind ebted to LinkedIn in the amount of $227,655.61. (Complaint, ¶ 11.) Plaintiff is a California collection agency seeking to collect that debt. (Complaint, ¶¶ 5, 22.) On October 18, 2023, Plaintiff thus initiated this action alleging open book account and account stated and reasonable value. On March 12, 2024, Defendant moved to quash service of summons for lack of personal jurisdiction. Greg Casale, Defendant's Chief Executive Officer...

Excerpt: ...st supplement its response with a straightforward answer to this contention interrogatory. GRANTED. Special Interrogatory No. 2: Because the answer to this interrogatory relies entirely on the evasive and insufficient answer to Interrogatory No. 1, GM must supplement its response to this interrogatory with a straightforward answer. GRANTED. Special Interrogatory No. 3: Because the answer to this interrogatory relies entirely on the evasive and in...

Excerpt: ... Plaintiff said d uring an all-day meeting on July 18, 2018. Plaintiff makes no attempt to limit the subject of the matter of the statements to anything relevant, which it could have done. As such the request is DENIED. SI 16 and SI 17 In paragraph 22 of its cross -complain t, Defendant states that it “negotiated for a contractual mechanism to minimize its losses, to terminate and simply get out of the PPAS on mutually agreed and clear terms.�...

Excerpt: ...party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 06 May 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Order On Defendants And Cross - Comp lainants Neil Jesani And Beamalife Corporation's Motion For Summary Judgment, Or Alternatively, Summary Adjudication. I. Statement of Facts. Complaint In the operative complaint, plain...

Excerpt: ...egligence and Premises Liability. The Premises Liability attachment checks boxes for negligence and failure to warn but does not check the box for dangerous condition of public property, which is the only basis for a premises liability claim against a public entity. Th e complaint admits in paragraph five that the City is a public entity. The narrative allegations on the General Negligence attachment state: On July 28, 2020 at around 7:15 pm, Pl...

Excerpt: ...and Melvin agreed to pay for these services and expenses on or before the 20th of each month. (See Complaint, First Cause of Action, ¶ BC -1, Exhibit A.) Melvin and his father, Clarke Cooper (“Clarke”) (collectively, “Defendants”), signed a promissory note in which they agre ed to pay principal and interest of 10 percent per annum in monthly installments of $5,000 on the 21st of each month, beginning on May 21, 2016. (Complaint, Third Ca...

Excerpt: ...rage duration for a SongBeverly case, though it is not unprecedented. The history of this case includes multiple discovery motions, multiple continuances of the trial date, and a summary adjudication motion filed by FCA as to one of the causes of action. The terms of the pa rties' settlement includes an award of attorney's fees, costs, and expenses to Plaintiffs as the prevailing party, but the parties are far apart in their views regarding the ...

Excerpt: ... Petition (“SAC”), p. 3 .)1 Father was a patient of Regional Medical Center (“RMC”) in San Jose from March 13, 2019 to March 21, 2019. (Id. at p. 4.) RMC diagnosed Father with “basic influenza”; he was subsequently transferred to Defendants' rehabilitation facility; and then D efendants failed to investigate his past medical history and “overmedicated” him, which compromised his health. (Id. at pp. 4 -5.) Defendants further negle...

Excerpt: ...posing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 01 May 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Order On Defendant City Of Sacramento's De murrer To Plaintiff's Third Amended Complaint. I. Statement of Facts. Plaintiff David Martin (“Martin”), a self -represented litigant1, filed his original complaint in this action o...