Excerpt: ...laintiffs, vs. CITY OF SAN JOSÉ, BOARD OF ADMINISTRATION OF THE FEDERATED CITY EMPLOYEES' RETIREMENT SYSTEM, NORBERTO DUEÑAS, IN HIS OFFICIAL CAPACITY AS THE CITY MANAGER OF THE CITY OF SAN JOSÉ, AND DOES 1‐50, , Respondents/Defendants. Case No. 2017‐1‐CV‐312610 TENTATIVE RULING RE: MOTION FOR LEAVE TO FILE VERIFIED SECOND AMENDED PETITION FOR WRIT OF MANDATE AND COMPLAINT /// /// TENTATIVE RULING RE: MOTION FOR LEAVE TO FILE VERIFIED ...

Excerpt: ...r. Before the Court is plaintiff's motion for final approval of the settlement and for approval of her attorney fees, costs, and service award. Plaintiff's motion is unopposed. I. Legal Standards for Approving a Class Action/PAGA Settlement Generally, “questions whether a settlement was fair and reasonable, whether notice to the class was adequate, whether certification of the class was proper, and whether the attorney fee award was proper are ...

Excerpt: ...roval of the settlement and for approval of their attorney fees, costs, and service awards. Plaintiffs' motion is unopposed. I. Legal Standards for Approving a Class Action Settlement Generally, “questions whether a settlement was fair and reasonable, whether notice to the class was adequate, whether certification of the class was proper, and whether the attorney fee award was proper are matters addressed to the trial court's broad discretion.�...

Excerpt: ... final approval of the settlement and for approval of his attorney fees, costs, and service award. Plaintiff's motion is unopposed. I. Legal Standards for Approving a Class Action/PAGA Settlement Generally, “questions whether a settlement was fair and reasonable, whether notice to the class was adequate, whether certification of the class was proper, and whether the attorney fee award was proper are matters addressed to the trial court's broad ...

Excerpt: ...ON This is a putative wage and hour class action. According to the allegations of the Complaint, filed on January 14, 2019, defendant Frontier Transportation, Inc. (“Defendant”) provides trucking services in California and employs drivers to conduct its business. (Complaint, ¶ 8.) Plaintiff Gustavo Cardenas (“Plaintiff”) was employed by Defendant as a truck driver for many years, up until November 16, 2017. (Complaint, ¶ 10.) TENTATIVE ...

Excerpt: ...n; RUBY THAI BAKERSFIELD, LLC, a California corporation; CHICKEN WOW VALLEY FAIR, LLC, a California corporation; YUH MEI CHIOU, an individual; and DOES 1‐50, inclusive, Defendants. Case No. 2018‐1‐CV‐337264 TENTATIVE RULING RE: DEMURRER TO SECOND AMENDED COMPLAINT The above‐entitled action comes on for hearing before the Honorable Thomas E. Kuhnle on August 23, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative rulin...

Excerpt: ...otion for final approval of the settlement and for approval of his attorney fees, costs, and service award. Plaintiff's motion is unopposed. I. Legal Standards for Approving a Class Action/PAGA Settlement Generally, “questions whether a settlement was fair and reasonable, whether notice to the class was adequate, whether certification of the class was proper, and whether the attorney fee award was proper are matters addressed to the trial court...

Excerpt: ...signed non‐solicitation and non‐ competition agreements, Taresh and Amar agreed to form the company but have all shares issued in their wives' names, Swapnil Anand (“Swapnil”) and Taproop Virk (“Taproop”), respectively. (See FAC, ¶ 11.) Taproop paid $35,000 and Amar began working for Company for a 49% interest in Company. (See FAC, ¶ 12.) In March 2009, Amar realized that they did not have any paperwork demonstrating the interest in...

Excerpt: ..., B, and C were insureds of defendant Sheet Metal Workers Local 104 Health Plan (“Defendant”) either as subscribers to coverage or dependents of a subscriber to coverage under a policy or certificate of insurance issued and underwritten by Defendant. (Complaint, ¶7.) Prior to performing surgeries on Patients A, B, and C, CSNI employees obtained promises and information from Defendant's representatives to be assured that Defendant would pay f...

Excerpt: ... treatment of spine injuries and/or conditions. (FAC, ¶¶ 1, 8.) When required, Plaintiff obtains approval from a patient's managed health care plan to provide medical services. (Id., ¶ 9.) Plaintiff provided a consultation to J.S., a patient insured under Defendants' healthcare plan. (FAC, ¶¶ 11‐12.) In November 2017, Plaintiff spoke with an Anthem Blue Cross client services representative named “Yvonne A.” to verify J.S.'s healthcare ...

Excerpt: ... 650I vehicle (“Vehicle”) which was manufactured and distributed by BMW. In connection with Plaintiff's purchase of the Vehicle, BMW provided express warranties by which it undertook to preserve or maintain the utility or performance of the Vehicle, or to provide compensation if there was failure of such performance. The Vehicle contained several defects (e.g., engine defects) and after several attempts to repair the Vehicle, BMW was unable t...

Excerpt: ...ns for loan modification. According to the allegations of the first amended complaint (“FAC”), Plaintiff sought modification of a home loan that originated in 2006 with Countrywide Home Loans Inc. (“Countrywide”). (FAC, ¶ 21.) The modification was granted but Plaintiff canceled it because the terms were “falsely represented.” (FAC, ¶ 33.) He subsequently sought modifications from Countrywide's successor, Bank of America and other fi...

Excerpt: ...ct (“FEHA,” Gov. Code §12940 et seq.): 1) “Denial of employment due to religious creed, national origin, ancestry, and disability.” 2) “Job applicant inquiries as to the nature or severity of a disability,” 3) “Limitation and segregation in employment due to religious creed, national origin, ancestry and disability,” 4) “Harassment in employment due to religious creed, national origin, ancestry and disability,” and 5) “Empl...

Excerpt: ... (“Lease”) for the Premises. (FAC, ¶7 and Exh. A.) The parties later entered into an addendum to the Lease. (Id.) Defendant PBRC vacated the Premises on or about December 19, 2017. (FAC, ¶9.) Defendant PBRC breached the Lease by failing to pay rent due. (FAC, ¶10.) Pursuant to the terms of the Lease, plaintiff BSJ is entitled to $57,892.83 for unpaid rent due under the holdover rate. (Id.) Defendant PBRC breached the lease by failing to de...

Excerpt: ...disputed that Plaintiff and Defendant are engaged in a still pending divorce proceeding in France. The operative First Amended Complaint (“FAC”) in this action, filed May 2, 2019, states claims for: (1) Injunction (seeking an injunction “requiring all proceeds and other consideration arising from the sale(s) of SSLP and GSS [Defendant Global Shipping Solutions, LLC] and/or their respective assets, to be deposited in one or more blocked acco...

Excerpt: ...d inquire into records relating to an automobile financing transaction; recover or maintain possession of a 2014 RLX; compel issuance of a release of lien; and enjoin any efforts to repossess the vehicle. The Complaint also makes reference to “monetization and securitization transactions”; alludes to issues of fraud; generally avers various reporting entities, including Innovis, reported negative information about Plaintiff; and states there ...

Excerpt: ...fits as an employee was membership in the California Public Employees' Retirement System (“CalPERS”). (Complaint, ¶ 7.) In 2017, Plaintiff calculated her prospective retirement benefits using the CalPERS website and based on her projected retirement benefits, decided to retire, surrendered her California home and moved to Nevada. (Complaint, ¶ ¶12, 14.) However, shortly after retirement she received notice that her calculation of benefits ...

Excerpt: ... Zehava Shifman (“Shifman”) (collectively, “Defendants”). According to the allegations of the FAC, Shifman asked Plaintiff, an old friend, to help her found a commercial business, OSR, to market a hardware and software platform she was developing for the automotive industry. (FAC, ¶¶ 1‐4.) Plaintiff accepted Shifman's offer and agreed to provide his services in exchange for equity in OSR rather than a regular salary. (Id., ¶¶ 2‐3....

Excerpt: ...knownst to her, Defendant had inhaled “Dust‐off” before and/or while he was driving. Defendant subsequently blacked out and turned the wheel to the right, causing the vehicle to swerve off of the roadway and collide head‐on with a tree. The collision totaled the vehicle and resulted in significant injuries to Plaintiff. Plaintiff additionally pleads that on March 27, 2017, Defendant was convicted of one felony count of driving under the i...

Excerpt: ...Project will provide necessary infrastructure for the City Place Project. (Id.) As relocated, Stars and Stripes Drive would cut through a City‐owned building located at 5131 Stars and Stripes Drive which is presently leased to defendant D.E. II Restaurants, Inc. (“Defendant”) pursuant to a Lease Agreement for the Santa Clara Banquet and Meeting Facility between City and Defendant, dated July 1999, as amended by that certain First Amendment ...

Excerpt: ... its tentative ruling as follows: I. INTRODUCTION This is a class action lawsuit arising from various alleged wage and hour violations. Plaintiffs Ted Stilwell and Stewart Ross (collectively, “Plaintiffs”) allege defendant First Alarm (“Defendant”) failed to reimburse its California employees for all work‐related expenses incurred in driving personal vehicles for work, failed to provide employees with signed TENTATIVE RULING RE: MOTION ...

Excerpt: .... INTRODUCTION This is a putative class action. According to the allegations of the Class Action Complaint for Declaratory Judgment and Injunctive Relief (“Complaint”), filed on December 3, 2018, plaintiff Lowri McGill (“Plaintiff”) was a resident and tenant at a residential rental property known as Vine by Vintage. (Complaint, ¶¶ 1‐2.) Plaintiff alleges she lives in a streetlevel apartment with her husband and two young children. (Id...

Excerpt: ...he 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, and services for secure computer networking...

Excerpt: ...e Thomas E. Kuhnle on August 16, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION Plaintiff Raul Laguna (“Plaintiff”) petitions for an order coordinating the cases of Laguna v. Golden State Overnight Delivery Service, Inc., Case No. 2019‐1‐CV‐343326, Santa Clara County Superior Court, and Avendano v. GC Delivery Services, LLC and Golden State Overnight Delivery Service, Inc., Case...

Excerpt: ...epartment 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative consumer class action brought pursuant to the California Fair Debt Buying Practices Act, Civil Code sections 1788.50‐1788.64 (“CFDBPA”). According to the Class Action Complaint for Statutory Damages (“Complaint”), filed on December 4, 2018, plaintiff Pamela Shereé Chambers (“Plaintiff”) seeks statutory damages against defendant Cro...

Excerpt: ...on the issue of [its] cure pursuant to Cal. Code of Civ. Proc. § 1008 (b),” and dismissing plaintiff's individual and class claims. Plaintiff filed a “limited” opposition to this second motion, urging that the motion is procedurally improper and/or untimely. I. Factual and Procedural Background Plaintiff incurred a consumer debt in the form of a credit account issued by WebBank. (Complaint, ¶ 15.) She was unable to pay the debt and defaul...

Excerpt: ...iled to pay all wages due to employees due to illegal time rounding; failed to pay overtime for all overtime hours worked; failed to pay 7th‐day overtime; violated Labor Code section 552's prohibition on over six consecutive working days per week; failed to provide meal and rest periods; derivatively and independently failed to provide accurate wage statements; and are derivatively liable for penalties pursuant to Labor Code section 203, the Pr...

Excerpt: ...a non‐ exempt employee from April 2015 through December 2017. (SAC, ¶ 11.) She and the other putative class members were hired to provide roadshow staffing in Costco stores. (Ibid.) Plaintiff alleges that both defendants were her employers. (Id. at ¶¶ 11‐18.) She and other putative class members were misclassified as exempt and paid solely by commissions; consequently, they were not paid for all hours worked (including overtime), missed me...

Excerpt: ...a”) and one of his companies, Ocean View Drive, Inc. (“Defendant”) in case number 19CV342187. The cases were consolidated on June 11, 2019, with matter 17CV317221 as the lead case.1 According to the allegations of the complaint, Plaintiff leased a commercial property to Le in March of 2016, for a term of 10 years. (Complaint, ¶ 27.) Le has failed to pay rent since September of 2017, or any penalties associated with the default, and to date...

Excerpt: ...h 2006, Purvis obtained a loan in the amount of $695,000 secured by the Property, and executed a Deed of Trust (“DOT”) in favor of World Savings Bank, FSB (“World Savings”). (Id. at ¶ 10 & Ex. A.) Thereafter, the beneficial interest in the loan was transferred to Wells Fargo. (Id. at ¶ 10.) In late 2008, Purvis sought a loan modification from Wells Fargo, but Wells Fargo refused to modify the loan because Purvis had made all of his mont...

Excerpt: ...LLC (“VSM”), owners of real property known as the Vallco Fashion Mall located at 10123 North Wolfe Road in Cupertino (“Subject Property”), to exclusively represent VSM in connection with the sale of the Subject Property. (SAC, ¶¶7 – 8.) On or about August 2, 2011, VSM and plaintiff Nguyen entered into an exclusive right to sell agreement entitled “Owner‐Broker Agreement‐Vallco Shopping Center” (“Listing Agreement”). (SAC, ...

Excerpt: ...AC”] at ¶ 2.2 ) Plaintiff Stephanie Drewsen (“Plaintiff”) became a patient of defendant SHC in January 2013. (Id. at ¶ 7.) Dr. David W. Lowenberg (“Dr. Lowenberg”) was Plaintiff's physician and an employee of defendant SHC. (Id. at ¶ 2.) Eric Sundberg, M.D. and Varun Gajendran, M.D. (collectively, “the residents”) were employed by defendant SHC as assistant resident surgeons. (Ibid.) On April 29, 2013, Plaintiff was scheduled to ...

Excerpt: ...tter was filed on March 22, 2019 and states four causes of action. The first is titled “Breach of Contract and Implied Covenant of Good Faith and Fair Dealing,” (two separate and distinct causes of action), alleging that Defendant breached an NDA the parties had signed by, among other things, “first purchasing, and then encouraging hundreds of their affiliates to advertise the literal characters of the TRADEMARKIA Marks [defined in the Comp...

Excerpt: ... property located in San Jose (the “Property”). (Complaint, ¶¶ 4, 9 and Exhibit 1.) In August 2018, Defendants purchased the Property and assumed the lease. (Id., ¶ 10.) On January 3, 2019, a fire started in a neighboring unit and spread to Plaintiff's unit, resulting in significant damage to the unit and Plaintiff's personal property. (Id., ¶¶ 11, 13.) After the fire was extinguished, Mr. Chan arrived and was advised by the fire departm...

Excerpt: ...f promised to provide Defendant with the services detailed in the accompanying statement of work (“SOW”) over a period of 14 weeks. (FAC, ¶ 10.) The Agreement required Defendant to pay invoices within 15 days, while the SOW stated payment was due immediately upon receipt. (FAC, ¶¶ 11–13.) Plaintiff was authorized to suspend its performance and terminate the agreement upon Defendant's failure to timely pay for services rendered. (FAC, ¶ ...

Excerpt: ...s released to the custody of Lexington's agent, defendant Ed Mumbert (“Mumbert”). (Id.) Thereafter, Decedent did not appear in court. (Id.) Defendants Lexington and Mumbert located Decedent in Nevada and took Decedent into custody. (Id.) An arrangement had been made for Decedent to be represented by defendant Robert Drescher (“Drescher”) in the Santa Clara proceedings. (Id.) On September 11, 2016, defendant Drescher acquired an airplane o...

Excerpt: ...dala”) made disparaging 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 aga...

Excerpt: ...ghts. (FAC, ¶ 17.) In October 2017, Plaintiff was admitted to Stanford's hospital and upon admission was deemed at high risk for skin breakdown. (FAC, ¶ 24.) The nursing staff created a skin integrity plan for her by which they would monitor her skin two times daily. (FAC, ¶ 26.) The protocol also required staff to reposition her at least every two hours to prevent skin breakdown. (FAC, ¶ 27.) Due to deliberate understaffing by its managing a...

Excerpt: ...hleen 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 circuit board assembly and manufacturing companies owned by Elliot Wang (“Wang”) and located in Fremont, CA. (4AC, ¶¶ 1‐2, 23.) As Wang lived in Taiw...

Excerpt: ...genia Florencia Chavez Sanchez, and Gabino Guevara (collectively, “Plaintiffs”). Factual and Procedural Background This is an action for fraud and negligence. According to the allegations of the operative 6AC, defendants Leticia Ramona Sandoval Gonzalez (“Gonzalez”), Daniel Alberto Valdez Sandoval, Juventia Narciso Marquez, Felipe Carrasco Villamares, Alejandra Villamares, and Maria Carmen Arteaga Barajas (“Barajas”) (collectively, �...

Excerpt: ...ws: I. INTRODUCTION This is a putative class action brought under the Fair Credit Reporting Act (“FCRA”). According to the allegations of the Class Action Complaint (“Complaint”), filed on July 26, 2017, defendants DHI Group, Inc. and Dice Inc. (collectively, “Defendants”) operate a web service called “Dice Open Web” that searches the internet and creates profiles on people based on information scraped from various sources, includ...

Excerpt: ...ment 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION Plaintiff Marcelo A. Ignelzi (“Plaintiff”) brings this putative class and representative action against defendants DA Defense Logistics HQ, LLC (“DA”) and Northrop Grumman Technical Services, Inc. (“Northrop”) (collectively, “Defendants”) for alleged violations of the Labor Code and Business and Professions Code. The Third Amended Complaint (“TAC”), ...

Excerpt: ...s plaintiff's motion for final approval of the settlement and for approval of her attorney fees, costs, and service award. Plaintiff's motion is unopposed. I. Legal Standards for Approving a Class Action/PAGA Settlement Generally, “questions whether a settlement was fair and reasonable, whether notice to the class was adequate, whether certification of the class was proper, and whether the attorney fee award was proper are matters addressed to ...

Excerpt: ...f's motion for final approval of the settlement and for approval of her attorney fees, costs, and service award. Plaintiff's motion is unopposed. I. Legal Standards for Approving a Class Action/PAGA Settlement Generally, “questions whether a settlement was fair and reasonable, whether notice to the class was adequate, whether certification of the class was proper, and whether the attorney fee award was proper are matters addressed to the trial ...

Excerpt: ...oval of the settlement and for approval of his attorney fees, costs, and service award. Plaintiff's motion is unopposed. I. Legal Standards for Approving a Class Action/PAGA Settlement Generally, “questions whether a settlement was fair and reasonable, whether notice to the class was adequate, whether certification of the class was proper, and whether the attorney fee award was proper are matters addressed to the trial court's broad discretion....

Excerpt: ...ng Arriaga & Associates, Inc. (“Arriaga, Inc.”), a company that provides security for other businesses and entities. (See Verified First Amended Complaint (Case No. 2017‐1‐CV‐ 310003) (“FAC”), ¶¶ 2 and 8.) In one of the cases before the Court, Arriaga, Inc. alleges defendants Jason Lara and Jose Segura were employees of Arriaga, Inc. (FAC, ¶¶ 3 and 7.) On July 1, 2016, Lara and Segura contacted Arriaga, Inc.'s 1 Included Actions...

Excerpt: ...anta Clara on October 24, 2017; (2) Sam Moussa v. Fogo de Chao Churrascaria (California), LLC, et al., Case No. BC689391, filed in the Superior Court of California, County of Los Angeles on January 11, 2018; and (3) Faraz Yousefian v. Fogo de Chao Churrascaria California, LLC, et al., Case No. BC709639, filed in the Superior Court of California, County of Los Angeles on June 15, 2018. Defendants' petition is unopposed. I. Legal Standard “Coordi...

Excerpt: ...��), and defendant Elizabeth J. Larson (“Elizabeth”) as tenants in common. (Id.) On or about May 2, 1990, Nancy, Diane, and defendant Lawrence K. Larson (“Lawrence”) purchased the Subject Property as joint tenants, each possessing an equal onethird beneficial ownership. (Complaint, ¶9.) On or about February 3, 2000, defendants Lawrence and Diane severed the joint tenancy by each transferring an undivided one percent interest to their mot...

Excerpt: ... Catalina LLC and 574 Mariscal LLC unlawfully obtained $150,000 that belonged to plaintiff BHI through fraud, conversion, and conspiracy. The third parties then used the money to acquire real property in San Diego and in Palm Springs. The San Diego property was subsequently deeded to defendant 2006 Catalina Fund, LLC by the third party 2006 Catalina LLC for no consideration. The Palm Springs property was later deeded to defendant 574 Mariscal Fun...

Excerpt: ...itClave is a private company with its principle place of business in San Jose that developed a blockchain‐based platform called BitClave Active Search Ecosystem, which allows consumers to control when and how they share data with retail companies. (FAC, ¶ 9.) In exchange, consumers earn Consumer Activity Tokens (‘CAT”). (Id.) At the time the company was founded in July 2017, it had two shareholders: Alex Bessanov (“Bessanov”), the foun...