Excerpt: ...� MV‐1‐2.) Plaintiff exchanged information with the driver of the vehicle, who identified herself as the owner of the vehicle and allowed Plaintiff to take a photo of her vehicle registration, listing husband's name and their address. (See Ervin decl., in support of opposition to motion to quash, ¶ 5.) Wife also allowed Plaintiff to take a picture of a DMV Driver's License Change of Address listing a different address; however, Plaintiff was...

Excerpt: ...endant Milpitas Care Center (“MCC”) from April 2016 to July 2016 and came under the care or custody of defendants Vohra Wound Care Physicians of California, PC (“Vohra”) and Hongdu K. Ly, D.O. (“Dr. Ly”). (FAC, ¶¶2 – 5.) During their care and/or custody of Decedent, defendants Vohra and Dr. Ly failed to develop and implement adequate skin integrity and infection control/ monitoring measures, which resulted in Decedent sustaining i...

Excerpt: ...ing remarks to plaintiff Lobo regarding his age and subjected plaintiff Lobo to hostility due to his ancestry/national origin. (FAC, ¶¶18 – 19.) Plaintiff Lobo was denied opportunities and benefits of employment that were essential to his continued success at defendant Intel. (FAC, ¶20.) Plaintiff Lobo made several workplace complaints to defendants regarding Perumandala's actions. (FAC, ¶21.) Defendants retaliated against plaintiff Lobo's ...

Excerpt: ...training program and obtained a phlebotomist state license, the prerequisite for admission to the Medical Laboratory Technician (“MLT”) program. (See Third Amended Complaint [“TAC”] at ¶ 20.) Plaintiff thereafter enrolled in the MLT program at De Anza College. (Ibid.) After Plaintiff started the program, defendant Patricia Buchner (“Buchner”) notified him that he needed to complete an “externship” at a clinical agency in order to...

Excerpt: ... to pickup payoff check on agreed date ‘08/07/2018' and location ‘2197 Wynfair Ridge Way, San Jose, CA' pursuant to the terms and conditions of a Credit Agreement Security #00001673.” (Complaint, ¶BC‐2 and Exh. B.) On or about August 8, 2018, defendant “trespass upon Credit Agreement Payoff Security Instrument NOTE and Release of Lien Security Contract Property with the intentions of fraud in the factum by intentionally avoiding the TE...

Excerpt: ...aintiffs”).1 Factual and Procedural Background This action arises out of interventional radiology procedures performed on Lawrence by various doctors over the course of two days in March 2017. (SAC, ¶¶ FR‐2, FR‐5, IT‐1, & GN1.) Plaintiffs allege that they did not consent to the procedures, they were misled as to who would conduct the procedures, and the doctors failed to adequately treat and obtain care for Lawrence. (Id. at ¶¶ FR‐2...

Excerpt: ...ow”)—who owned 50 percent of the business—to purchase his shares in Garden City for $55 million. (SAC, ¶¶ 1–2 & Ex. A [Stock Purchase Agreement].) The remaining 50 percent of the shares were held in trust by defendants Peter V. Lunardi, III and Jeanine Lunardi (collectively, the “Lunardis”) on behalf of the Lunardi Family Living Trust. (SAC, ¶ 1.) The Lunardis tried to stop the sale to Park by exercising their right of first refusa...

Excerpt: ...was quickly followed by the operative First Amended Complaint (“FAC”) which was filed on April 23, 2019 and— according to a proof of service filed on April 23, 2019—was served on Defendant via regular mail. Currently before the Court is Defendant's motion to quash service of summons on the ground of lack of personal jurisdiction due to improper service. (See Notice of Motion at p. 1:21‐27.) Defendant does not deny receiving the FAC in t...

Excerpt: ...macy, Inc. (“Pharmaca”) leased, operated, and managed the Subject Premises owned by defendant Stahl. (Id. at ¶¶ 3, 12.) In 2009, plaintiff Cynthia Sewak (“Plaintiff”) began working for Pharmaca as a lead pharmacist. (Complaint at ¶ 13.) During her tenure, Plaintiff worked in a building with numerous structural defects including a defective roof, inadequate plumbing, ventilation problems, water leaks, along with fungal and microbial con...

Excerpt: ...d/or cash advances in exchange for repayment of the principal amount plus interest and finance charges.2 Defendant Remez accepted the agreement and its terms by using the subject credit card.3 Following issuance of the credit card, defendant Remez made payments, charges, and incurred a balance on the subject account.4 Plaintiff sent defendant Remez statements for the account reflecting charges, payments and any fees and interest incurred.5 Defend...

Excerpt: ...ary 2018 a UPS delivery driver, identifiable only as “Hector,” approached Plaintiff in the store's stock room, leaned into her personal space, grabbed her shoulder, and made sexually suggestive and threatening statements. (Id. at ¶ 18.) Plaintiff informed her manager of the incident and her discomfort with what transpired. (FAC, ¶ 19.) As they talked, the back doorbell rang, and they answered it together to find Hector. (Ibid.) Despite what...

Excerpt: ...1.) JPMorgan acquired the Ensign Property on or about January 8, 2013 pursuant to a Trustee's Deed Upon Sale following a duly noticed foreclosure sale of the Ensign Property under a Deed of Trust dated June 11, 2007 (“Foreclosed Deed of Trust”) and recorded on or about July 2, 2007 executed by To Thi Nguyen and Candice Triet Nguyen (collectively, “Nguyens”). (FAC, ¶12.) On information and belief, the Nguyens entered into a separate lendi...

Excerpt: ... while driven by plaintiff Miller, suddenly and without warning, switched into the neutral gear position. (SAC, ¶13.) On or about December 1, 2011, plaintiff Miller paid for the installation of a catalytic converter on the Vehicle at a third‐party automotive shop as a replacement for a catalytic converter which had been previously installed on or about October 16, 2009. (SAC, ¶26.) On or about April 15, 2014, plaintiff Miller paid for the ins...

Excerpt: ...o the allegations of the operative complaint, Plaintiffs operate pain management clinics. (Complaint, ¶ ¶ 19, 20.) They were in‐network providers with CIGNA for many years, until 2014. (Id. at ¶ 2.) After they left the CIGNA network, CIGNA required excessive medical records and documentation for each bill prior to payment. (Id. at ¶ 3.) CIGNA claimed that Plaintiffs were under investigation and proceeded to ignore records submitted and deny...

Excerpt: ...te engineer from 2003 to March 28, 2018, when he was terminated. (Id. at ¶ 8.) He alleges that defendant failed to include all nondiscretionary pay, including shift differential pay such as “Night Diff” wages, in his regular rate of pay for purposes of calculating overtime, and also failed to properly account for such pay on wage statements. (Id. at ¶¶ 20, 29, 36.) Based on these allegations, he asserts class claims for (1) violation of La...

Excerpt: ...employment, her wage statements did not identify her accurate total hours worked when she was paid shift premium and shift premium overtime wages. (Ibid.) In addition, plaintiff earned non‐discretionary incentive pay that was not factored into her regular rate of pay for purposes of calculating meal period premiums. (Ibid.) On June 17, 2016, plaintiff filed this action in San Benito County on behalf of two putative classes corresponding to her ...

Excerpt: ...e on September 20, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION According to the allegations of the Complaint in this case (“Nichols II”), filed on December 19, 2017, plaintiff Eric S. Nichols (“Plaintiff”) was hired by defendants Northrop Grumman Systems Corporation and Northrop Grumman Corporation (together, “Defendants”) in May 2010 as an hourly, non‐exempt employee. (C...

Excerpt: ...nants oppose Preston's motion. I. Factual and Procedural Background Plaintiff filed the original complaint in this action on August 2, 2016, alleging that he was injured when he fell into a hole in the ground on his Sunnyvale worksite on August 6, 2014. He named cross‐complainants Dollinger Properties and Exstra‐Arques LLC among other defendants, but has at no point named Preston as a defendant. Cross‐complainants DP Ventures, LLC and DPM P...

Excerpt: .... in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative consumer class action. According to the allegations of the Complaint, filed on April 4, 2019, defendants Arrayit Corporation and Pinner USA, Inc. (together, “Defendants”) manufacture, market, sell, and/or distribute a “food intolerance test” called PinnerTest. (Complaint, ¶ 1.) PinnerTest utilizes Immunoglobulin Analysis (“IgG Te...

Excerpt: ...s before the continued hearing on plaintiffs' motion for discovery sanctions—which remains pending. Within three hours of the bankruptcy filing, defendants filed a notice of stay in this action, indicating that the case was stayed with regard to all parties as a result of the automatic stay triggered by Newark's bankruptcy. The Court discussed the bankruptcy with the parties at the August 2nd hearing on plaintiffs' motion for sanctions. As stat...

Excerpt: ...contract; (2) breach of contract (alter ego liability), and; (3) fraud. Nano filed a cross‐complaint against Tongtai, cross‐ defendant Osaume Sekine (“Sekine”), cross‐defendant Thinh Nguyen, and cross‐defendant Todd Lizotte, alleging causes of action for: (1) breach of fiduciary duty; (2) breach of contract; (3) breach of contract; (4) misappropriation of trade secrets, and; (5) breach of the covenant of good faith and fair dealing. C...

Excerpt: ...r judicial notice. Both parties filed written objections to evidence. II. Legal Standard A defendant may move for summary judgment on the ground an action has no merit. (Code Civ. Proc., § 437c, subd. (a)(1).) A defendant bears the initial burden of proving “a cause of action has no merit [by] show[ing] that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense t...

Excerpt: ...sleep at the wheel, drove into the bicycle lane, and struck Orion. (Id. at ¶¶ 10, 14, & 22.) Defendant allegedly “admitted that she fell asleep while driving[ ] because … she had jet lag from a long flight and was really tired.” (Id. at ¶ 14.) As a result of the collision, Orion sustained severe physical injuries, mental anguish, and emotional distress. (Id. at ¶¶ 11‐13, 15, 16, 23‐27, & 52.) In addition, plaintiff Jon Listug (“J...

Excerpt: ...d the property to her daughter Ms. Silipin through a recorded Grant Deed. (Id. at 10.) However, they agreed that the property would be transferred to Ms. Silipin as trustee for the benefit of each of Ms. Cifuentes' children: Plaintiff, Ms. Lopez, Elsie Barragan, and Delia Morellon. (FAC, ¶ 24.) Ms. Cifuentes continued to live in the home until her death in 2008. (Id. at ¶ 11.) Shortly after her death, Delia Morellon also died. (Id. at ¶ 12.) T...

Excerpt: ...st”), to the demurrer. Factual and Procedural Background This is an action for breach of contract and fraud, among other things, arising out of a business dispute. Singal, a licensed mortgage broker, is the chief executive officer, chairman, and sole owner of FCREI. (FAC, ¶¶ 2 & 3.) FCREI is the majority owner and Singal is the managing partner of defendant First Capital Real Estate Advisors, LP (“FCREA”). (Id. at ¶ 4.) Additionally, FCR...

Excerpt: ...for the purchase and operation of Que Huong FastFood, Inc. (the “Business”). (FAC, ¶ 1.) Pursuant to the Agreement, the parties were to have an equal interest in the ownership, operation and profits of the Business. (Id., ¶ 5.) The parties specifically agreed that only Plaintiff and Defendant would have the right to make decisions relating to the Business and share equally in its profits; Defendant's husband, defendant Steven Chan (“Steve...

Excerpt: ...oved a public transportation project which by design and necessity impacted access and ingress to K&M. (Id. at ¶ 5.) The project was scheduled to begin in early 2014, and end by late 2015. (Id. at ¶ 7.) Prior to starting the project, VTA filed a complaint in eminent domain against various defendants, including Plaintiff, in case number 12CV237430. (Complaint, ¶ 8.) VTA sought condemnation of a small strip of land fronting Alum Rock Avenue, and...

Excerpt: ...r. Calvano (through his company 1001 Shoreline LLC (“Shoreline”)) to acquire and develop real estate in Mountain View, California. (FAC, ¶ 1.) On December 26, 2018, Mr. Calvano asked Carlyle, as the managing member of the Company, to send Shoreline's profit distribution by New Year's Eve. (FAC, ¶ 4.) Carlyle did so, twice. On December 28, in accordance with Mr. Calvano's instructions, Carlyle wired $1,730,960 to a bank account for Calvano D...

Excerpt: .... (“Consolitech”) (collectively “Plaintiffs”) against defendants Charlene Qian (“Qian”), Xian Li aka James Li (“Li”), Thomas Zdimal, Kent Wang, Kathleen Wang, Xiao Rong Zhou, Ruo (Laura) Li, Zhengmao Zhu, LXRZ, Inc., Firetide, Inc. (“Firetide”), George Zhu (“Zhu”), Xin Liu (“Liu”), and Da Yong Guan (“Guan”) (collectively “Defendants”). As alleged in the Fourth Amended Complaint (“4AC”), Ampro and Consolitec...

Excerpt: ...utter Hospice”). Plaintiff alleges Stanford admitted her for medical care on October 5, 2017, when she was at a high risk for skin breakdown. (First Amended Complaint (“FAC”), ¶¶ 22–24.) Stanford created a skin integrity plan that required twice daily monitoring and repositioning of her body every two hours. (FAC, ¶¶ 26–27.) After Plaintiff's admission, Stanford failed to adhere to this care plan causing her to develop pressure ulce...

Excerpt: ...�Khazaeli”) against Globo Mobile Technologies (“Globo” or “GMTI”) on causes of action for national origin discrimination, retaliation and violation of public policy in the amount of $4,416,667 plus costs and attorney's fees for a total of $5,147,898. Collection activity immediately commenced, and in an effort to locate and identify assets to satisfy the judgment, defendant David Brewer (“Brewer”) was served with an order of appearan...

Excerpt: ...Specifically, in July 2016, Defendant told Yi Qin that she urgently needed money and “would repay [money loaned to her] in or around one year.” (Complaint, ¶¶ 15 & 19.) Yi Qin reached out to his relatives regarding Defendant's request. (Id. at ¶ 15.) Wei Qin then agreed to loan Defendant money, and Yi Qin informed Defendant of the same. (Id. ¶ 16.) Defendant sent her bank account information to Yi Qin, who forwarded it to Wei Qin. (Ibid.)...

Excerpt: ... action comes on for hearing before the Honorable Thomas E. Kuhnle on September 6, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action. Plaintiffs Petra Godinez, Jose Rodriguez, and Florentino Gayoso (collectively, “Plaintiffs”) allege various Labor Code violations in the First Amended Class Action Complaint (“FAC”), filed on November 1, 2017. TENTATIVE ...

Excerpt: ...includes three consolidated cases – Munn v. Gacek, et al., Case No. 2018‐1‐CV‐328139; Palkon v. Ahmad, et al., Case No. 2018‐1‐CV328572; and Asseta v. Rau, et al., Case No. 2019‐1‐CV‐343607. The consolidated action is brought on behalf of Quantum Corp., a Delaware corporation, for breach of fiduciary duty, unjust enrichment, abuse of control, gross mismanagement, and corporate waste. The parties have reached a settlement. In an ...

Excerpt: ...DEL GRANDE ENTERPRISES, INC., Defendants. Case No. 2018‐1‐CV‐331434 TENTATIVE RULING RE: MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT The above‐entitled action comes on for hearing before the Honorable Thomas E. Kuhnle on September 6, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action arising out of various alleged wage and hour violations...

Excerpt: ... Procedural Background Google is a California‐based multinational company that offers web‐based services, including free email accounts for individual users through Gmail. (Consolidated Complaint, ¶ 27.) Plaintiffs are individuals who have never subscribed to Gmail and have never consented to Google intercepting the contents of their emails. (Id. at ¶ 4.) Plaintiffs sent unencrypted emails from their non‐Gmail accounts to Gmail users, whi...

Excerpt: ...the summons and complaint within three years of the filing of the action as required by Code of Civil Procedure section 583.210. Plaintiffs oppose his motion. I. Allegations of the Operative Complaint and Procedural Background JL Precision is a sheet metal design and manufacturing company located in San Jose. (First Amended Complaint (“FAC”), ¶ 5.) Plaintiffs Ronald Balanag and Javier Graciano were employed by JL as sheet metal printers, pai...

Excerpt: ... motion to seal materials filed in connection with its motions in limine. I. Legal Standard “The court may order that a record be filed under seal only if it expressly finds facts that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record...

Excerpt: ...on employees. Before the Court is plaintiff's motion to lift the stay pending arbitration of the first, second, and eleventh causes of action. Google opposes plaintiff's motion in large part, urging that the stay should be lifted for the limited purpose of finalizing the pleadings but should otherwise remain in place until certain conditions are satisfied. I. Allegations of the Operative Complaint According to the First Amended Complaint (“FAC�...

Excerpt: ...g as follows: I. INTRODUCTION According to the allegations of the Complaint, filed on March 21, 2019, plaintiff Alorica, Inc. and defendant Fortinet, Inc. are both Delaware corporations. (Complaint, ¶¶ 1‐2.) Alorica is one of the leading providers of outsourced communication solutions, averaging over 600 million customer interactions per year. (Id. at ¶ 4.) Fortinet is a multinational corporation that develops and markets hardware, software,...

Excerpt: ..., Decedent retained Defendants as his counsel in connection with the case of Board of Trustees, et al. v. Advanced Installation, et al. (San Francisco County Superior Court, Case No. CPF‐13 513345). (Second Amended Complaint (“SAC”), ¶ 5.) Decedent also retained Defendants to represent him regarding a claim of withdrawal liability issued by the Carpenters Pension Trust Fund for Northern California (the “Fund”). (Ibid.) On January 22 20...

Excerpt: ...aziz Arjomand (collectively “Defendants” for purposes of this motion) have filed a cross‐complaint against Defendant Trader Joe's (“Trader Joe's”) and Trader Joe's has filed a cross‐complaint against Defendants. Currently before the Court is Trader Joe's motion for protective order, brought pursuant to Code of Civil Procedure (“CCP”) §§2017.020(a) and 2025.420(b), seeking an order blocking Defendants from taking the deposition o...

Excerpt: ...ncludes six legal parcels, two located in an unincorporated area of County, and four located in San Jose (“City”). (Id. at ¶ 7.) It also includes an area designated for habitat conservation of endangered species and a natural community conservation plan area. (Id. at ¶ 11.) Since 2012, YCS has sought permission to develop a portion of the land. (SAC, ¶ 7.) It originally submitted a project plan in two phases, the first which would develop ...

Excerpt: ...eronica Martinez and Melanie Gutierrez (collectively, “Plaintiffs”) and move to strike portions contained therein. I. Background A. Factual This is an action for breach of contract and breach of the implied warranty of habitability, among other things, between 20 residential tenants and their landlords. Plaintiffs, who are comprised of both adults and minors, reside in a 40 unit apartment complex located in San Jose. Plaintiffs allege that th...

Excerpt: ... the business of financing vehicle inventory for car dealerships. Defendants Azzam Abdo and Jalal Shreim signed individual personal guaranties for all amounts owed by Friendly Wholesalers to Plaintiff under the Loan and Security Agreement. Signed copies of these guaranty agreements are attached to the Complaint as exhibits 2 and 3 respectively. Friendly Wholesalers subsequently entered into two promissory notes with Plaintiff, acknowledging recei...

Excerpt: ... company with three shareholders: Plaintiff; her brother Crain; and the Crain Family 1994 Trust (“Trust”). (FAC, ¶ 2.) Plaintiff and Crain each own a 46 percent interest, and the Trust owns an 8 percent interest. (Ibid.) Plaintiff and Crain are co‐trustees of the Trust and equal beneficiaries of the shares held in the Trust. (Ibid.) Accordingly, Plaintiff holds at least 50 percent of the voting power of the shareholders of CCCI. (Ibid.) CC...

Excerpt: ...alleges that Defendant failed to properly evaluate tests performed on her and consequently failed to detect that she had been diagnosed with leukemia rather than lymphoma. This failure resulted in Plaintiff being treated with unnecessary FCR chemotherapy for six months and extended the treatments actually necessary to treat her leukemia. B. Procedural Plaintiff filed her Complaint against Defendant and co‐defendant Sutter Health Palo Alto Medic...

Excerpt: ... products, so named because its production involves the heating or “toasting” of the cannabis. (FAC, ¶ 12.) Plaintiff has also developed and continuously uses the phrase “Toast. Chill. Repeat” in marketing its products. (FAC, ¶ 14.) Plaintiff acquired common law rights in its “Toasties” and “Toast. Chill. Repeat.” trademarks and they are also registered. (FAC, ¶ 14.) At the same time, Defendants distribute and sell cannabis pro...

Excerpt: ...ono”) alleged misappropriation of SunPower's proprietary information and trade secrets. According to the allegations of the complaint, DeBono was SunPower's Executive Vice President of Global Channels and responsible for SunPower's rooftop solar business. (Complaint, ¶ 1.) When he started at SunPower, DeBono signed a non‐disclosure agreement whereby he agreed to safeguard SunPower's confidential information and work exclusively for SunPower ...

Excerpt: ...olitech”) (collectively “Plaintiffs”) against defendants Charlene Qian (“Qian”), Xian Li aka James Li (“Li”), Thomas Zdimal, Kent Wang, Kathleen Wang, Xiao Rong Zhou, Ruo (Laura) Li, Zhengmao Zhu, LXRZ, Inc., Firetide, Inc. (“Firetide”), George Zhu (“Zhu”), Xin Liu (“Liu”), and Da Yong Guan (“Guan”) (collectively “Defendants”). As alleged in the Fourth Amended Complaint (“4AC”), Ampro and Consolitech are circ...