Excerpt: ... August 26, 2021, Plaintiff injured his wrist while pulling down heavy boxes. (ld. at 25.) Thereafter, he notified his employers of his disability and/or medical condition and ultimately could no longer continue working as he was forced to leave his shift. (ld. at 26-27.) Plaintiff was terminated from his employment on August 26, 2021. (ld. at '1 28.) Plaintiff was employed by two business entities, each named as a defendant, and collectively ref...

Excerpt: ...and We Party, Inc. ("We Party"). Ren filed her original complaint on April 25, 2022 (Case No. 22CV397314), while she was represented by counsel. That complaint stated claims for: (1) Breach of Contract; (2) Breach of the Implied Covenant of Good Faith and Fair Dealing; (3) Promissory Estoppel; (4) Fraud; (5) Unfair Business Practice; (6) Unjust Enrichment; (7) Money Paid; (8) Accounting; and (9) Conspiracy. She alleged that defendants Wu, Hu, and...

Excerpt: ...ince it was Mr. Zubillaga, not Plaintiff, who had the attorney-client relationship with H&C; (2) the other matters in which H&C represented Plaintiff are not substantially similar to the current matter and the counsel inwlved in the other matters have no confidential information regarding Plaintiff; (3) H&C has erected an effective and timely ethical wall; and (4) Plaintiff waived its ability to move to disqualify H&C due to its extreme delay in ...

Excerpt: ...(against Encore only); 2. Breach of Fiduciary Duty (against Vogel only); and 3. Declaratory Relief (against all Defendants). On March 27, 2023, the court heard Encore's demurrer to the complaint. The court overruled the demurrer to the second cause of action and sustained the demurrer to the third cause of action (based on application of the business judgment rule), with 10 days' leave to amend. In addition, the court denied Vogel's joinder to th...

Excerpt: ... their agent, supervising employees, and running daily operations. (FAC, 15.) Prieto was later appointed the CEO of TLCO 18, LLC. (Ibid.) Prieto was at all times a registered sex offender. (Ibid.) Defendants also hired Elias Rodriguez ("Rodriguez") who acted as the assistant manager of The Hut. (ld. at '1 24.) Rodriguez had been previously fired from another bar/restaurant for complaints of sexual harassment and was known to sexually harass his f...

Excerpt: ...e. Any party opposing the tentatve ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on the 25 September 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Orders On: (1) Defendant Caltrans' Demurrer To Plaintiff Tina Cacilhas's Second Amended Complaint; (2) Defendant Caltrans' Motion To Strike Portions Of Plaintiff Tina Cacilhas's Second Amended Complaint; and ...

Excerpt: ...sing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than PM on the 25 September 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motion of Defendants J.T. Magen & Co., lnc and JTM Construction Group, Inc. For Summary Judgment. l. Statement of Facts. On or about 3 November 2020, plaintiff Carlos Castro ("Plaintiff") was an employee of Southland Ind...

Excerpt: ...dministrator of GSH and a care custodian of Plaintiff. (SAC, 23.) On July 1, 2019, Plaintiff was discharged to White Blossom Care Center with complaints of stomach pain and a distended stomach; thereafter, Plaintiff's colon ruptured and he was throwing up black vomit. (SAC, 37.) On July 2, 2019, Plaintiff was returned to GSH, and required further operations, as well as placement on a colostomy bag and another bag to drain blood. (SAC, 38, 45.) Pl...

Excerpt: ...stees of the Leland Stanford Junior University and operated by defendant Stanford Health Care. The complaint, filed on October 5, 2020 by Sharif and Marghuba Razzaqui (collectively, "Plaintiffs"), 3 is a form complaint stating two causes of action—motor vehicle negligence and premises liability—against several named defendants and various Doe defendants. The first cause of action for negligence is alleged against all defendants, including the...

Excerpt: ...osition. The court finds the parties' briefing on this motion to be singularly unhelpful, with the parties mainly talking past each other and failing to explain clearly to the court exactly what remains to be resolved between the parties. For example, neither side's briefing actually addresses the language of Categories 1-4, 7, and 10. The lack of clarity may have been ameliorated with a separate statement, but as GM points out, Sanchez failed to...

Excerpt: ...pposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on the 25 September 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motion of Plaintiff to Compel Attendance at a Deposition Of Defendant's Person Most Qualified By Video With Production Of Documents and for Monetary Sanctions. l. Statement of Facts. On 17 December plaintiff was ...

Excerpt: ...692-1692p ("FDCPA"); and the California Rosenthal Fair Debt Collection Practces Act, California Civil Code sections 1788-1788.33 ("RFDCPA"). Before the Court is Ms. Guzman's motion to compel further document production responsive to requests for production of documents ("RPDs), Set Three, and CCS and CrossDefendants Patenaude & Felix and Todd Christopher Simonson's (collectively, "CrossDefendants") motion to seal certain limited records condition...

Excerpt: ...th First Street, 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 the 20 September 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order On Defendants' Demurrer To Plaintiff's Complaint. l. Statement of Facts. On or about 16 October 2019, plaintiff Outertainment Construction, Inc. ("OCI") and defendant Valerie's ...

Excerpt: .... Pendar alleges that the County Medical Examiner took possession of Njawa Pendar's body shortly thereafter but failed to notify Pendar of his brother's death until December 26, 2022, more than three and a half months later. In his complaint, filed on April 10, 2023, Pendar asserts three causes of action against the County: (1) Negligence; (2) Negligent Infliction of Emotional Distress; and (3) Violation of the Unruh Civil Rights Act ("Unruh Act"...

Excerpt: ...UND As alleged in the operative complaint, Plaintiff is currently employed as a Data Center Technician by Defendant, which operates data center facilities and provides data center investment services. (Complaint, 7.) Plaintiff has been employed with Defendant since November 13, 2019, and throughout her employment has been employed as an hourly, nonexempt employee. (Ibid.) She alleges that Defendant violated Section 226, subdivision (a), by failin...

Excerpt: ...yees for business expenses. Before the Court is Plaintiff's moton for approval of a settlement, which is unopposed. As discussed below, the Court is inclined to GRANT the motion, subject to changes to attorney's fees and the net settlement amount. VIII. BACKGROUND Plaintiff worked as a janitor for A1-Jay's from approximately 2015/2016 to September 15, 2021 and was classified as an hourly, non-exempt employee. (Complaint, '1 7.) He alleges that De...

Excerpt: ... name "Findora." In Case No. 20CV372622 ("Ab-ttan"), 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 former busi...

Excerpt: ... party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:1N PM on the 20 September 2023. Please specify the issue to contested when calling the Court and Counsel. —0000000m Motion of Defendant Origo, LLC For Sanctions Pursuant to Code of Civil Procedure, S 128.7. l. Statement of Facts. Plaintiff The Carlton Group, Ltd. ("Carlton") is one of the world's leading real estate investment ban...

Excerpt: ... 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's fees, costs, and service award. The motion is unopposed. As discuss 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 reasonable, whether notce to th...

Excerpt: .... The Court found Jane Sun to be the alter ego of Cherry Blossom. In the opening paragraph of the judgment, it defines "Jane Sun" as "JANE VEI-CHUN SUN, individually and as Co-Trustee of the Jarvis Holding Trust dated 5/15/2004 and as Co-Trustee of the Nixon Lucille Holding Trust dated 6/15/2004." On April 6, 2023, ASNM served post-judgment interrogatories, and post-judgment inspection demands on Jane Sun, and on May 9, 2023, Jane Sun served resp...

Excerpt: ... Mustard Seed Learning Center ("Mustard Seed") and Shuhuan Hsu, asserting breach of lease, breach of guaranty, breach of implied covenant of good faith and fair dealing and fraud. The Complaint alleges that on November 2, 2010 Bayshore and Mustard Seed entered a 10 year lease which commenced on July 21, 2012. (Complaint, "7, 10, Ex. A.) Mustard Seed leased the premises for the purpose of operating a commercial daycare and after school learning ce...

Excerpt: ...confirm. The basis for Signature's opposition (and petition to vacate) is the fact that the arbitrator who awarded the attorney's fees and costs to Silva, Jonathan Polland, supposedly failed to disclose the fact that he teaches an American Arbitration Association (AAA) class called "Everything an Advocate Needs to Know About Winning Attorney's Fees and Costs in an Arbitration." According to Signature, the very title of this class evinces a bias i...

Excerpt: ...) on its property. By order dated April 4, 2023, the Court (Hon. Amber Rosen) granted Defendants' special motion to strike this complaint. Apparently, immediately upon receipt of this order, Plaintiff filed a paper which seems to ask the undersigned to set that ruling aside. There is no basis stated in Plaintiff's motion papers or otherwise that would support setting the April 4, 2023 ruling aside. Plaintiff's motion is therefore DENIED. II. Defe...

Excerpt: ...hn Shey-Tsuane Sun; and Christopher Shey-Tau Sun (collectively, "Defendants"). Plaintiffs brought the following seven causes of action against all Defendants: 1) Specific Performance; 2) Breach of the Implied Covenant of Good Faith and Fair Dealing; 3) Breach of the Lease Agreement; 4) Breach of Covenant of Quiet Enjoyment; 5) Intentional Interference with Prospective Economic Advantage; 6) Intentional Interference with Contract; and 7) Declarato...

Excerpt: ...tiff presented the subject vehicle to GVVs authorized repair facility for concerns regarding the vehicle's transmission, infotainment and other various concerns, and the repair facility performed warranty repairs. (See FAC, '1 24.) On November 24, 2021, Plaintiff presented the subject vehicle to GM's authorized repair facility for concerns regarding the vehicle's transmission, electrical system and other various concerns, and the repair facility ...

Excerpt: ...ants, all of whom are former Trace3 employees, joined Sycomp, a competitor, after abusing and exploiting their privileged access to Trace3's computer networks and devices to misappropriate Trace3's trade secret and confidential information to the benefit of Sycomp. Before the Court are three separate motions to seal, as well as a motion to uphold confidentiality designations by Trace3, all of which are opposed by Sycomp.2 For the reasons discusse...

Excerpt: ...most of the fact witnesses and medical professionals are located in Texas; and (3) there is no private or public policy interest in having the case heard in California, this case should be brought in Texas. Plaintiffs oppose the motion. Legal Standard "In determining whether to grant a motion based on forum non conveniens, a court must first determine whether the alternate forum is a 'suitable' place for trial. If it is, the next step is to consi...

Excerpt: ...l; Discovery Motions filed on August 14, 2023 (Hon. Zayner) and is not repeated here. Court records show a trial conference scheduled for October 11, 2023, and a jury trial scheduled to begin October 16, 2023. Before the court is Defendant's motion for (1) an order compelling Plaintiff to withdraw its request to claw back three documents, ALORICA-01860037, ALORICA-01902906, ALORICA-01866965 (the "Clawed Back Documents"); (2) a finding that Plaint...

Excerpt: ... required notice. The Class Action Complaint ("Complaint"), filed on May 14, 2021, sets forth the following causes of action: (1) Violation of California Unfair Competition Law, Cal. Business & Professions Code SS 17200-17210; and (2) Declaratory Judgment. Plaintiffs Rakly Dominguez and Grace Dominguez (collectively, "Plaintiffs") have reached a settlement with defendants All-Pro Bail Bonds, Inc. ("All-Pro"), Bankers Insurance Company, and Banker...

Excerpt: ...flights. Plaintiffs Claire Reedy, Victoria Rosales, and Roman Chepulskyy (collectively, "Plaintiffs") contend that Defendant advertises that it does not charge "change fees" or "cancel fees" for fts plane tickets. They assert that they each purchased plane tickets from Defendant but they later had to cancel or reschedule their flights. They were issued travel credits which displayed expiration dates. Because customers may not be able to use their...

Excerpt: ...presented when the original complaint was filed. Vo brought a motion for preliminary injunction which was denied by the court (Judge Williams) on January 11, 2022. Defendant Truong then brought a demurrer to both causes of action alleged in the original complaint. Plaintiff Vo failed to file any opposition to this demurrer and on March 10, 2022 the court (Judge Kirwan) adopted its uncontested tentative ruling sustaining the demurrer with 10 days'...

Excerpt: ...t of alleged sexual abuse suffered by Plaintiff when she was a student at St. Aloysius. (FAC, 28.) In 1997, when Plaintiff was four years old, she participated in school related and after-school activites at St. Aloysius. (FAC, 28, 29.) Father Benedict Van Der Putten ("Van Der Putten") was a priest at St. Aloysius and he sexually abused and assaulted Plaintiff multiple times from 1997 to 1999, when Plaintiff was six years old. (FAC, 30.) St. Aloy...

Excerpt: ... Plaintiffs' original complaint was filed on January 27, 2021. It stated four causes of action: (1) Unjust Enrichment; (2) Negligence; (3) Fraud, and (4) Breach of Contract against two defendants, ATI and Berkeley Insurance Company, alleged to be ATI's bonding company. Attached to the complaint as exhibit A was a copy of the contract ("Work Proposal and Authorization") between Plaintiffs and ATI. The operative First Amended Complaint ("FAC") was ...

Excerpt: ...reet and 617 South Third Street in San Jose (the "Premises"). (SAC, '1 15.) The Property has always functioned as a funeral home. (SAC, '116.) The lease was signed between Plaintiff and the original lessors on August 1, 2007. (SAC, 16.) The lease was modified in October or November 2007. (SAC, '117.) Plaintiff made all rental payments for the first four years of the Lease and there were no objections to the timing or amount during these years or ...

Excerpt: ...r around March 19, 2021. In connection with that purchase, Plaintiffs allegedly entered a warranty contract with General Motors LLC Plaintiffs allege that during the warranty period, Vehicle manifested "[coeffects and nonconformities", "including but not limited to, the engine defects; the airbag defects; the break defects; the suspension defects; the infotainment defects; among other defects and nonconformities." (Complaint, 914.) Plaintiffs fil...

Excerpt: .... The operative Third Amended Complaint ("TAC"), filed on December 2, 2022, states single cause of action for negligent misrepresentation arising from the terminaton of Plaintiff's employment on July 29, 2019. (See TAC at '14.) The original Complaint, the First Amended Complaint ("FAC"), the Second Amended Complaint ("SAC"), and the Third Amended Complaint (TAC) list seven defendants: the Board of Trustees of the Leland Stanford Junior University...

Excerpt: ... opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 18 September 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motions of Plaintiff to: 1. Compel Defendants to Comply with This Court's Order of 20 July 2023; and 2. To Deem Requests for Admissions to ae Admitted. l. Statement of Facts. Plaintiff alleges that in April 2020, D...

Excerpt: ...f the Song-Beverly Act breach of implied warranty, and (3) violation of the Song-Beverly Act section 1793.2 against General Motors, LLC ("GM"). Plaintiffs claim a 2018 Chevrolet Silverado ("Vehicle") they purchased on May 27, 2019 was delivered with "serious defects and nonconformities to warranty and developed other serious defects and nonconformities to warranty including, but not limited to, engine, electrical, emission, suspension, and transm...

Excerpt: ...en opposition. As discussed below, the Court DENIES the motions. l. BACKGROUND As set forth in the operative Complaint, Plaintiff is wholly owned by Pramod Anand ("Anand"). (Complaint, '1 1.) Defendants Cooper, Holmes, and Nijmeh are each equity owners and managers of defendant SVFFC. (ld., 2-5.) On May 23, 2018, Cooper and Holmes contacted Anand with an investment opportunity. (ld., 12.) They promised a 25% return on a six-month investment of $5...

Excerpt: ...th First Street, 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 18 September 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Cross Motions of plaintiffs/Cross-Defendants ProHealth Care, Inc. and ProHealth Home Care, Inc. and Defendant/cross-complainant Malalai Olomi a.k.a. Malalai Mohideen Concerning G...

Excerpt: ...ns tailored to consumers' needs. HQ operated as part of a common enterprise with its four subsidiaries, Health IQ Insurance Services lnc„ Health IQ Administrative Services Inc., Health IQ RE Inc., HIQ SPV Insurance Services. (FAC '1 11-26, 31.) On April 6, 2022, Plaintiff and HiQ entered into a Lead Purchase Agreement ("Agreement") under which Plaintiff agreed to provide HiQ leads to potential customers. (ld. '1 32 & Ex. 1, Pg. 1.) Although HIQ...

Excerpt: ...n 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 13 September 2023. Please specify the issue to be contested when calling the Court and Counsel. —oooOtno— Orders on: 1. Defendant California Highway Patrol's Demurrer To First Amended Complaint; and 2. By Defendant Kermit Edwards/ Demurrer To Plaintiff's First Amended Complaint. l. Statement of Facts. At all ...

Excerpt: ...("TAC"). Dart opposes the motion. For the reasons discussed the Court DENIES Plaintiff's motion. l. BACKGROUND A. Factual According to the operative complaint, Dart is a Michigan corporation with principal place of business in Michigan, but does business in California. (Second Amended Class and Representative Acton Complaint ('SAC"), 7, 9.) When Plaintiff applied for employment with Defendant on 14, 2013, he was required to fill out a disclosure ...

Excerpt: ...filed on February 7, 2022, the Court granted Defendants' special motion to strike the Complaint pursuant to Ctxle of Civil Procedure section 425.16 (the "anti-SLAPP statute" or "Section 425.15") and Plaintiff appealed. The Court's order was affirmed on appeal. Defendants now move for attorney fees and costs incurred on the appeal pursuant to the ant-SLAPP statute. The moton is unopposed. For the reasons discussed below, the court GRANTS the motio...

Excerpt: ...aritan, 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 Cade. Based on these allegations, she brings (1) a putative class claim for violation of Labor Code section 226 ("Section 226") and (2)...

Excerpt: ...rchard City Holdings, Inc. at an unspecified date. (ld. at 8.) Hix worked for RealPage as a "System Administrator" from September 2017 until his termination on September 30, 2019. (Ibid.) On March 3, 2020, an amendment substituted "Orchard City Holdings, Inc." ("Orchard") in place of Doe 1. On April 14, 2021, an amendment substituted "Thomas Harrington" for Doe 2 and "Jonathan Harrington" for Doe 3 (collectively, "Harrington Defendants"). Current...

Excerpt: ...er individual claims; (2) dismissing her class claims; and (3) staying the achon pending completion of the individual arbitration. Plaintiff nominally opposes the motion, insisting that is moot because she dismissed her class claims and added a representative PAGA claim after Wraplify filed the instant motion. BACKGROUND A. Factual Wraplify is a delivery service based in Milpitas that makes lual-only deliveries in California for its clients. Acco...

Excerpt: ...g of decedent Hugo Amaya ("Decedent"). Plaintiff Karen Amaya is Decedent's sister. (SAC, '1 1.) Around August 6, 2021, Decedent contracted COVID-19 and he was admitted to Kaiser-San Francisco and then transferred to Kaiser-Santa Clara. (SAC, 9, 11.) The same day, Decedent granted power-of-attorney to Amaya. (SAC, 61.) From October 2021 to January 26, 2022, Defendants constantly threatened to "pull the plug" on the Decedent. (SAC, 17.) On January ...

Excerpt: ...settlement agreement allegedly entered to resolve a lawsuit Cross-Defendant Kleidman filed in 2013. According to the Cross Complaint brought by Nitin Shah, Don Cook, E.J. Von Schaumburg, Feeva Technology ("Feeva"), Michael Maidy, Timothy Cox, Martin Pichinson, Bernie Murphy, Sherwood Management, LLC, Sherwood Partners, LLC ("Sherwocff), FeevT (Assignment for the Benefit of Creditors), LLC ("FeevT"), Estate of Robert Quist, David Becker, Becker Le...

Excerpt: ...Diamond Elevator propounded to Defendant John Construction, lnc„ its Form Interrogatories, which included a Request for Admissions, Special Interrogatories, and Requests for Production, Set One. When Defendant did not respond to the discovery, Plaintiff filed its motion to compel. Defendant failed to file an opposition to the motion to compel. A hearing on the motion was held on August 1, 2023. At the hearing, Judge Chung continued the motion t...

Excerpt: ...c access to the record" and "[al substantial probability exists that the overriding interest will be prejudiced if the record is not sealed." CRC 2.550(d); see Overstock.com, Inc. v. Goldman Sachs Group, Inc. (2014) 231 Cal. App. 4th 471, 487 (Court must make express findings of the 2.550(d) factors and identify the facts supporting its issuance of sealing order). Under CRC 2.551(a), a court cannot permit the sealing of a record based solely on t...

Excerpt: ... damage or loss under two builders risk insurance issued by Respondent American Zurich Insurance Company. (Petition, "2-3, Ex A.) The provided replacement cost coverage up to a stated limit of $9CWW for all risks of direct physical loss to the Property not specifically excluded or excepted, including physical loss or damage caused by water escaping from a plumbing system and for additional coverage for other types of stated losses above the $900,...

Excerpt: ...os' moton to compel further responses to various requests for production of documents on Mach49 and Next 15. As discussed below, the motion is GRANTED IN PART and DENIED IN PART. l. BACKGROUND A. Factual According to the allegations of the operative First Amended Complaint ("FAC"), Mach49 is a startup company founded by Mr. Yotopoulos and defendants Linda Yates, Russell Lampert, and Brad Sharek (collectively referred to as the "Founder Defendants...

Excerpt: ...3, 2023, at 1:30 p.m. in Department 19. The court now issues its tentative ruling as follows: l. INTRODUCTION These are two coordinated cases arising out of alleged Labor Code violations. On June 11, 2015, plaintiff Adrian Turner ("Turner") filed a putative class action against her former employer, defendant Corinthian International Parking Services, Inc. ("Defendant"), alleging various Labor Code violations in 2015 ("Turner Acton"). On January 2...

Excerpt: ... forth the following causes of action: (1) Failure to Pay All Wages Owed; (2) Failure to Provide Meal and Rest Periods; (3) Failure to Pay Wages on Separation; (4) Failure to Maintain Accurate Time Records; (5) Failure to Provide Accurate Itemized Wage Statements; (6) Recovery Under Private Attorneys General Act (PAGA); and (7) Unfair Competition Law. Defendants demurred to each and every cause of action of the Complaint on the ground of failure ...

Excerpt: ...nd hour action against defendants Stevens Creek Quarry, Inc. and Richard A. Voss (collectively, "Defendants"). On March 29, 2018, Shuff filed a First Amended Complaint, adding John Howland ("Howland") as a plaintiff and class representative. Howland and Shuff were dismissed as plaintiffs on April 24, 2019 and November 1, 2019, respectively. On November 6, 2019, the Second Amended Complaint was filed, adding Christopher Bryan ("Bryan") as a plaint...

Excerpt: ...) and Peter Wh-te ("White") (collectively, "Plaintiffs") on June 28, 2023, sets forth causes of action for: (1) Failure to Pay Prevailing Wages, Lab. Code S 1720 et seq.; (2) Unfair Competition, Business & Professions Code SS 17200-09; and (3) Violations of the Labor Code Private Attorneys General Act of 2004, Lab. Code SS 2698 et seq. On August 28, 2023, the court granted Plaintiffs' request for dismissal of White's claims without prejudice. Now...

Excerpt: ...ed on December 14, 2021, sets forth causes of action for: (1) Failure to Pay Minimum Wages; (2) Failure to Pay Overtime Compensation; (3) Failure to Provide Meal Periods; (4) Failure to Authorize and Permit Rest Breaks; (5) Failure to Indemnify Necessary Business Expenses; (6) Failure to Timely Pay Final Wages at Termination; (7) Failure to Provide Accurate Itemized Wage Statements; (8) Unfair Business Practices; and (8) Civil Penalties Under PAG...

Excerpt: ...dlong") (collectively, "Plaintiffs") filed a Complaint alleging causes of action for: (1) Failure to Pay Minimum Wage (Lab. Code S 1194 and IWC Wage Orders); (2) Failure to Pay Overtime (Lab. Code SS 510, 1194); (3) Failure to Provide Authorized Meal Periods (Lab. Code SS 226.7, 512, IWC Wage Orders); (4) Failure to Provide Authorized Rest Periods (Lab. Code SS 225.7, 512, IWC Wage Orders); (5) Failure to Pay All Wages upon Discharge (Lab. Code S...

Excerpt: ... against defendants CA FG8 Operation, LLC and CA FG8 Sunnyvale, LLC (collectively, "Defendants") on behalf of any and all persons who are or were hourly, non-exempt employees who worked in Defendants' restaurant locations in California. (Complaint, '1 2.) Plaintiff alleges that Defendants implemented policies and practices that resulted in the failure to pay minimum wages, failure to provide lawful meal periods, failure to timely pay wages during...

Excerpt: ...udgment and a motion to quash a deposition subpoena. In the lead case, plaintiff Chang Long Realty Development LLC ("CLRD") filed the original and still operative complaint on January 18, 2019. The complaint states seven causes of action against Sun and Zhu: (1) Quiet Title; (2) Partition; (3) Accounting; (4) Breach of Fiduciary Duty; (5) Conversion; (5) Trespass to Chattels; and (7) Imposition of Constructive Trust. On April 22, 2019 Sun and Zhu...

Excerpt: ... also named James T. Stroud, the Chu Defendants' attorney of record, as a defendant. According to the complaint, in 1993, Plaintiffs, the Chu Defendants, Chi Chu, and Lan Chu purchased the Property; the eight of them agreed to share equally in the management costs and ownership of the Property. (Complaint, 9-10.) Only the Chu Defendants were named on the title of the Property, however, because they suggested that it was faster for two owners to r...

Excerpt: ... extinguish the debt. Request for Judicial Notice Plaintiff's request for judicial notce is denied as the facts are not necessary to the decision of the Court. Facts In 2001, Plaintiff Roger Nelson ("Plaintiff") purchased real property located at 1201 Ayer Dr. in Gilroy, California ("Property"). (See First Amended Complaint ["FAC"] at 1, 13.) Plaintiff purchased the Property for by obtaining loans from First Franklin in the amounts of $339,950 ("...

Excerpt: ... that make a preference necessary to prevent prejudicing her interest in the case. The court finds that Getty has satisfied the statutory requirements for a trial preference and GRANTS the motion. Defendants Villa Verde, Dominica Oliva, Sequoia Home Health & Hospice, Cornerstone Healthcare, Inc., Pennant Services, Inc. have filed four separate oppositions to the motion, raising several overlapping and needlessly repetitive arguments. 4 The court ...

Excerpt: .... 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 11 September 2023. Please specify the issue to be contested when calling the Court and Counsel. Motion to Strike, or in the Alternative, Demurrer to the First Amended Cross-complaint by Plaintiff and Cross-Defendant Catherine Adams. l. Statement of Facts. A. First Amended Complaint. Plaintiff Catherine Adams ("Plaintif...

Excerpt: ... asks the court to bifurcate the punitive damages claim. There is no discretion regarding punitive damages. It is mandatory for the punitive damages claim to be bifurcated under CCP S 3295(d). Plaintiff does not object. Therefore, this aspect of Defendant's motion is GRANTED. The Court has the authority and discretion to bifurcate the equitable claims and hear those claims separately from and prior to the legal claims tried to a jury. CCP S 598 s...

Excerpt: ...party opposing the tentatve ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 11 September 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motion of Defendants To Compel Plaintiff To Submit To A Mental Examination. l. Statement of Facts. The facts of this important matter are well known to this Court and counsel. II. Motion to Compel Mental Examin...

Excerpt: ...cal examination of Souza is directly relevant to her claim of damages and that good cause exists to GRANT the motion under Code of Civil Procedure section 2032.320. Souza raises a number of arguments in opposition to the motion, none of which alter the court's decision. First, Souza argues that Jepson did not adequately meet and confer before filing this motion. The court finds otherwise. Although the correspondence and discussions on March 21 an...

Excerpt: ...se. 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 11 September 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motion of Plaintiff to Quash/Modify Deposition Subpoena Served on Robert A. Rovner, M.D. l. Statement of Facts. On 18 April 2023, Dr. Rovner examined plaintiff and concluded that plaintiff did not requ...

Excerpt: ...ous condition on Defendant's premises. (ld.) On October 13, 2022, Plaintiff filed a form complaint against defendants City and County of Santa Clara ("County"), asserting causes of action for: premises liability negligence; premises liability—dangerous condition of public property; and negligence. On April 7, 2023, Plaintiff filed a request for dismissal as to County. Remaining defendant City demurs to the causes of achon for premises liability...

Excerpt: ... 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 06 September 2023. Please specify the issue to be contested when calling the Court and Counsel. Orders on General Motors LLC's: 1. Demurrer To Plaintiffs' First Amended Complaint; and 2. Motion To Strike Punitive Damages From Plaintiffs' First Amended Complaint. l. Statement of Facts. On or about 12 May 2019, plaintiffs...

Excerpt: ...Moore, and K&K Confidential Investigations (collectively, "Defendants") relating to an inc:ident that occurred at Plaintiffs' place of business in Missouri in 2010. Currently before the court is Travelers' demurrer to the tenth, eleventh, and twelfth causes of acton in the third amended complaint. A. Background Plaintiffs filed their original complaint on October 18, 2018. The complaint attached two exhibits: (1) a copy ofa "Water Tank Lease with...

Excerpt: ...annis of Universal Music Publishing Group ("UMPG") randomly called Mr. Curcio and he asked Mr. Grannis to confirm confidentiality in writing. (TAC, p. 3, 1.) Mr. Grannis granted Mr. Curcio confidentiality in written contract, along with a questionnaire. (ld.) Around mid-February 2016 to mid-March 2016, Mr. Curcio invented his monetzation model and trade secret. (TAC, p. 3, 2.) On March 24, 2016, Mr. Curcio emailed Mr. Grannis and shared his monet...

Excerpt: ...d that Defendants failed to provide employees with full, timely, uninterrupted meal periods and rest breaks; failed to pay employees for all hours worked; failed to pay overtime; failed to reimburse or fully reimburse employees for required expenses; and committed other wage and hour violations. The Complaint asserted causes of action for (1) failure to provide meal periods; (2) failure to authorize and permit rest periods; (3) failure to pay min...

Excerpt: ...of a PAGA settlement, filed May 8, 2023, forthe reasons set forth in the minute order filed June 2, 2023. As discussed below, the Court is inclined to grant Plaintiffs' Motion pending receipt and review of a corrected PAGA Notice. l. BACKGROUND According to the Complaint filed October 8, 2021, Plaintiffs Adriana Mendoza, Liliana Rios, Patricia Huerta, Veronica Martinez, and Diana Zapata (collectively, Named Plaintiffs) are former employees who wo...

Excerpt: ...ny 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 September 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order On Plaintiffs' and Cross- Defendants' Motion For Summary Judgment or, in the Alternative, Summary Adjudication. l. Statement of Facts. First Amended Complaint Plaintiffs Ampro Systems, Inc. ("Ampro") and Conso...

Excerpt: ... opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 06 September 2023. Please specify the issue to be contested when calling the Court and Counsel. —CK)oOooom Order On Plaintiffs' and Cross- Defendants' Motion For Summary Judgment or, in the Alternative, Summary Adjudication. l. Statement of Facts. First Amended Complaint Plaintiffs Ampro Systems, Inc. ("Ampro") and Consolitech ...

Excerpt: ...cuments (on August 22 and 23, 2023), and Jones's reply brief, filed on August 30, 2023, indicates that an order compelling compliance is no longer necessary. Instead, Jones reserves only his request for monetary sanctions ($2,872.50) for having had to bring this motion. Plaintiffs oppose the imposition of sanctions on multiple grounds. First, they argue that Jones has been "impatient" and failed to provide reasonable allowances for John Pilling t...

Excerpt: ...compel further responses to various discovery. Plaintiff opposes AAP's motion and AAP opposes the motions to compel. For the reasons discussed below, the Court GRANTS AAP's motion and DENIES Plaintiffs motions. IV.BACKGROLJND According to the allegations of the Complaint, Mr. Phan was employed by AAP as an hourly-paid, non- exempt employee from September 2012 to approximately April 2015. He alleges that AAP failed to compensate him and class memb...

Excerpt: ...e joint status report filed June 30, 3023.) Plaintiff seeks an order directing to disclose the complete compensation and employment history of each employee in the relevant population, starting from the date of hire of each employee in the relevant population. Google opposes, contending Plaintiff's request covers too broad of a tme As discussed below, the Court GRANTS Plaintiff's request in part and DENIES it in part. l. BACKGROUND As set forth i...

Excerpt: ...nt ("FAC"). BlackBerry opposes the motion in part. For the reasons discussed below, the Court GRANTS IN PART and DENIES IN PART Sentinelone's motion. l. BACKGROUND BlackBerry is a security software and services company that provides enterprises and governments with the technology necessary to secure the Internet of Things (the applications for transferring date over networks of digital machines without human interaction), including A1 based cyber...

Excerpt: ...he tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4m PM on 06 September 2023. Please specify the issue to be contested when calling the Court and Counsel. motnOooom Order on Special Motion to Strike the Complaint by Defendant Mandy J. Brady (Code of Civil Procedure, S 425.16). l. Statement of Facts. On 12 June 1998, plaintiff Dagmar Horvath ("Dr. Horvath") together with Cyrus Hazari ("Hazari") purcha...

Excerpt: ... l. Background This achon arises from a dispute over the leadership of a now-dissolved limited liability company, RS Enterprise, LLC ("RS"), formed to process and sell cannabis products in Santa Cruz, California. Plaintiff William Sump ("Sump") alleges that he was improperly deprived of his voting and membership interest in Rs—including three pieces of real property owned by RS in Santa Cruz—by defendants Nathaniel Ready, John Vitale, Trevor ...

Excerpt: ... forth the following causes of action: (1) Failure to Pay Minimum Wages; (2) Failure to Pay Overtime Wages; (3) Failure to Provide Meal Periods; (4) Failure to Permit Rest Breaks; (5) Failure to Reimburse Business Expenses; (6) Failure to Provide Accurate Itemized Wage Statements; (7) Failure to Pay All Wages Due Upon Separation of Employment; (8) Violation of Business and Professions Code SS 172(L et seq.; and (9) Enforcement of Labor Code SS 26...

Excerpt: ...nst defendants L Brands, Inc., Victoria's Secret Stores, Inc., and Victoria's Secret Stores, LLC (collectively, "Defendants") on February 3, 2020, sets forth a single cause of action for Violation of 15 U.S.C. (FCRA). he Plaintiffs reached a settlement with Victoria's Secret Stores, LLC. On January 11, 2023, the court granted preliminary approval of the class achon settlement. The court approved the amended class notice the following day. Plainti...

Excerpt: ...ed and requested repurchase of the Vehicle. Before filing this lawsuit on March 4, 2020, Plaintiff sent correspondence to Defendant again demanding repurchase of the Vehicle. Plaintiff received no response. Accordingly, Plaintiff filed this lawsuit on July 15, 2020. Defendant answered, denying liability, and asserting twenty-three affirmative defenses. Defendant conducted written discovery and deposed dealership personnel and Defendant's person m...

Excerpt: ...aving chest pains. (Attachment to Complaint, p. 4.)2 On August 7, 2020, a deputy twisted his wrist over tightened handcuffs, which caused injury; on August 17, 2020, Plaintiff was left in a hot van with no air conditioning, which caused him to suffer from heat stroke; and on September 10, 2020, deputies retaliated against him, which led to a "code 3" on October 3, 2020, when another deputy challenged Plaintiff because he refused orders to confron...

Excerpt: ...roperty") from LoanCity.com in the amount of $569,700.W, memorialized by a Deed of Trust. (Complaint, 1, 12.) The maturity due date is February 1, 2034. (Complaint, '1 12.) The Trustee was First American Title. (Ibid.) Mortgage Electronic Registration System, Inc. ("MERS") was delineated as Beneficiary solely as nominee for the Lender. (Ibid.) On April 5, 2022, an assignment of the deed of trust from MERS to U.S. Bank National Association ("U.S. ...

Excerpt: ...First Street, 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 September 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Orders on: 1. Defendants Cricket Communications, Inc. and New Cingular Wireless PC's LLC's Demurrer To First Amended Complaint of Whispering Oaks Residential Care Facility LLC and Whispering...

Excerpt: ...n. On September 15, 2022, this court (Judge Kirwan) granted Gargano's motion for judgment on the pleadings, finding, among other things, that Plaintiffs' causes of action were an "apparent attempt to evade" the mandatory ADR provisions of the operating agreements between the parties. On February 2, 2023, Judge Kirwan denied Plaintiffs' motion for reconsideration. Gargano then moved for an award of attornevs fees and costs. On April 25, 2023, this...

Excerpt: ...tive damages because Defendant knew there were live wires buried at the site where Plaintiff was excavating, was unaware of how deeply buried the wires were, learned that there were other unexpected items buried at the site, including a set of communication pipes and a copper pipe, and yet encouraged Plaintiff to keep digging, without regard for his safety. Defendant opposes the motion claiming (1) Plaintiff's delay in bringing this motion and th...

Excerpt: ...t. Cade 554950, et. seq.) ("Brown Act") when it awarded a contract for stables concessionaire at Bear Creek Stables to Chaparral Country Corporation ("Chaparral"). (First Amended Complaint, '1 1.) Plaintiff alleges Midpen is a California voter created independent district, i.e., a local government that provides 3 specialized service to the public that local cites and counties do not provide and that Midpen is subject to California's laws pertaini...

Excerpt: ...7, 2022, Plaintiff's counsel prepared and filed the summons and complaint in the Orange County Superior Court of California. On October 7, 2022, Plaintiff filed a first amended complaint and a motion for change of venue. On November 14, 2022, the motion for change of venue was granted. On January 25, 2023, Plaintiff filed the FAC with the new case number against defendant Costco Wholesale Corporation ("Costco"), asserting causes of action for neg...

Excerpt: ...ated through the evening and the morning of June 3, 2018, causing damage to the premises of which Plaintiff was the tenant. On May 31, 2019, Plaintiff filed a complaint against Defendant for property damages and business interruption. On April 7, 2023, Defendant served Plaintiff's counsel with two separate subpoenas for production of business records and accompanying notices to consumers or employees related to the bank subpoenas served on Citiba...

Excerpt: ...ny party opposing the tentatve ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 01 September 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motion of Defendant Omid Beheshti's Special Mohon To Strike and for Attorney's Fees And Costs. l. Statement of Facts. Defendants Omid Beheshti ("Beheshti") and Gary Allen Walker dba Aborn Properties ("Walker...

Excerpt: ...the Court is Defendants' petition to com#l arbitration and stay Plaintiff's representative PAGA claim. As explained below, the Court GRANTS Defendants' petition. Plaintiff's individual PAGA claim must go to arbitration, and the representative PAGA claim will be stayed. . BACKGROUND As alleged in the operative complaint, Plaintiff worked for Defendants from June 2021 through approximately January 2022 as a non-exempt employee. (Complaint, 9.) Plai...

Excerpt: ...so been narrowed in scope, as Balfour has produced about 20WJ more documents. Based on the opposition, filed August 18, and the reply, filed August 24, it appears that the remaining items in dispute are: (1) job cost reports, and (2) "key letters" between Balfour and the Santa Clara Valley Water District (aka the "Project Owner"). Job cost reports: Balfour argues that its job cost reports are not responsive to Neal's first set of document request...

Excerpt: ...tion to enforce settlement and for attorney's fees, which is As discussed below, the Court is inclined to grant the motion but it requests a supplemental declaration from Plaintiff's counsel indicating the dates and amounts of the payments Defendant has made and an explanation of how Plaintiff determined the total remaining balance. Plaintiff should provide that declaration prior to the hearing on this matter if possible. BACKGROUND Plaintiff wor...

Excerpt: ...osing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 30 August 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motion of Plaintiff to Compel Defendant to Provide Further Responses and Documents in Response to Plaintiff's Request for Production, Set Number One. l. Statement of Facts. Plaintiff filed this complaint on 20 May 2022. 1...

Excerpt: ...entered a written Retail Installment Sale Contract — Simple Finance Charge ("RISC") under which the purchase of the vehicle was to be paid in installments as provided for in the RISC. (Complaint, 93.) The RISC is attached to the Complaint as Exhibit 1 "and incorporated [into the Complaint] by reference." (ld.) Top Notch Auto Sales "sold, assigned and transferred to Plaintiff all of the seller's right, title and interest in and to the [RISC], an...