Excerpt: ... I. INTRODUCTION This is a representative action pursuant to the Private Attorneys General Act of 2004 (“PAGA”). In the Complaint, filed on July 24, 2018, plaintiff John Ortiz (“Plaintiff”) alleges that he worked for defendant California Cemetery and Funeral Services, LLC (“Defendant”) as a driver. (Complaint, ¶ 2.) Defendant allegedly failed to pay its drivers proper wages for on‐call hours, provide adequate meal and rest breaks, ...

Excerpt: ...a California business organization; CRATUS, INC., a California business organization; GEORGE REYES, as an individual; and DOES 1 through 250, inclusive, Defendants. Case No. 20CV366044 TENTATIVE RULING RE: AMENDED MOTION FOR APPROVAL OF PRIVATE ATTORNEY GENERAL ACT SETTLEMENT The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on April 13, 2022 at 1:30 p.m. in Department 3. The court now issues its tentative ru...

Excerpt: ...reside at real property located at 121 Vista Del Lago in Los Gatos, California. (FAC at ¶¶ 2, 26.) Plaintiff Ronen purchased the subject property on January 28, 1994. (Id. at ¶ 28.) While difficult to determine, Plaintiffs allege multiple defendants, including banks and other financial institutions, intentionally conned, tricked, and maliciously deceived plaintiff Ronen into signing fraudulent documents and instruments in connection with the s...

Excerpt: ... of business in Los Altos, California. (FAC at ¶ 1.) Plaintiff Youlin Wang (“Wang”) owns 100% of Magnolia and resides in China. (Id. at ¶ 2.) Guohua “Greg” Xiong (“Xiong”), Wang's brother‐in‐law, is an authorized agent for Magnolia and Wang (collectively, “Plaintiffs”). (Id. at ¶¶ 13‐14.) Plaintiff Wang developed two new single family residences in Palo Alto, California, located at 3878 Magnolia Drive and 3880 Magnolia D...

Excerpt: ..., Plaintiff alleges that “Defendant employee Sheriff Deputy Investigator Dan Rodriguez” (“Deputy”) committed negligence by failing to perform the legal duty to prevent or suppress arrays, preserve peace, and arrest individuals who attempt to or have committed a public offense pursuant to Government Code sections 26600‐26602. (SAC, p. 4.) As a consequence of Defendant Deputy's alleged negligence, Plaintiff and her two minor children suff...

Excerpt: ... San Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 11 April 2022. And Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Defendants Kylix Enterprises Incorporated and Hohbach Realty Company Limited Partnership's Demurrer to Plaintiffs' First Amended Complaint. I. Statement of Facts. On or about 1 Jun...

Excerpt: ...30 Alum Rock Avenue San Jose CA, 95127, Santa Clara, California. (Complaint, ¶ 1.) Turner and Reandeau jointly presented a check from Flagstar that was made payable to both of them in the amount of $40,000. (Complaint, ¶ 2.) At the time, Citibank's teller examined the identification of Turner and Reandeau before they signed the check. (Complaint, ¶ 3.) After Reandeau signed the check, he stepped away to take a phone call. (Complaint, ¶ 4.) Tu...

Excerpt: ...joyment, nuisance, negligence, violation of San Jose City Municipal Code sections (wrongful eviction and retaliation) and (substandard housing), violation of Civil Code section 1942.4,, retaliation, violation of Civil Code section 1950.5, wrongful death, elder financial abuse. According to the allegations in the FAC, the action arises out of plaintiffs leasing and residing in a residential real property owned by defendants, and substandard, uninh...

Excerpt: ... assault. On September 30, 2021, plaintiff filed the instant motion against defendant UBER Technologies, Inc. (“defendant”) to compel further deposition of defendant's person most qualified no. 2 (“PMQ2”) and production of documents. On January 21, 2022, defendant filed opposition and on January 27, 2022, plaintiff filed reply. On February 3, 2022, the court directed the parties to Informal Discovery Conference (“IDC”) and continued h...

Excerpt: ...s. 7‐9, 11, 15‐16, 20, 25‐ 27 and 29‐35. Kumar sought monetary sanctions in the amount of $5,635.30. The motion was opposed by Jade Global. The Court referred the parties to an informal discovery conference and after two sessions a partial agreement was reached. The parties reached agreement as to Special Interrogatory Nos. 24‐26, 29, 32‐33, and 40‐ 47, and Inspection Demand Nos. 7‐9 and 20. The parties reached a partial agreement...

Excerpt: ...AC filed by S3G. I. Background A. Factual This is an action for trade secret misappropriation and fraud, among other things. According to the allegations of the operative First Amended Complaint (the “FAC”), plaintiff S3G Technology LLC (“S3G” or “Plaintiff”) is a company that provides custom mobile solutions to improve operational efficiencies and reduce costs, including in semi‐urban, rural and remote areas. (FAC, ¶ 1.) In 2007 S...

Excerpt: ...�) section 395, subdivision (a) from San Mateo County because venue was proper in Santa Clara County, where Defendant resided at the commencement of the action. B. Factual Plaintiff alleges that she obtained a home equity line of credit (HELOC) for her Oakland home to generate funds loaned to Defendant. (Complaint, ¶ 4.) By March 30, 2019, Plaintiff's accountant estimated the outstanding loan balance to be $111,489.47, inclusive of accrued inter...

Excerpt: ... contract between the parties. The motions are opposed by Rajaa Sonai and Maria Menjivar (Plaintiffs) According to Plaintiffs' Second Amended Complaint (SAC) Plaintiffs entered into a loan with Defendant after it falsely promised that it would revise the term after two years. There is no dispute that the loan was for $975,000.00 and that Plaintiff's signed a Promissory Note (“Note”) and executed a Deed of Trust (DOT) putting up property locat...

Excerpt: ... et seq. (the “UCL”). Both Plaintiffs are in the business of semi‐conductor/miscellaneous electronic equipment and parts, refurbishment and repair. (FAC, ¶¶ 1‐2.) New Tec possesses one of the largest inventories of legacy electronic equipment parts, acquired over years with permission from sought after Original Equipment Manufacturers of semiconductor/miscellaneous equipment and parts. (Id., ¶ 16.) Rowenn has invested time and money in...

Excerpt: ...ment”) for the premises located at 950 The Alameda, San Jose, California 95126 (the “Premises”) for the purpose of running a coffee shop. (FACC, ¶ 4.) Tran and Lam created Crema Coffee as the business entity for their coffee shop and Tran is the sole member of the LLC. (Ibid.) The Lease Agreement included provisions that shifted all of the responsibility to comply with the Americans with Disability Act (“ADA”) and the Unruh Civil Right...

Excerpt: ...ollectively, “F&S” or “Company”) are a consultancy that provides its employees with meaningful growth opportunities and career paths. (FAC at ¶ 18.) Defendants Wyman Bravard (“Bravard”) and David Frigstad (“Frigstad”) are Shareholders, Directors, and Officers of the Company. (Id. at ¶¶ 11‐12.) For approximately 40 years, and while acting as principal shareholders at F&S, Frigstad worked in the role of the visionary/strategist...

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 April 2022. And Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Defendant Xilinx, Inc.'s Demurrer To First Amended Complaint. I. Statement of Facts. Plaintiff Indradevi Sabrina Joseph (“Plaintiff”) was an elite marketing specialist with unparalleled s...

Excerpt: ... the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 06 April 2022. And Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Petition to Quash Subpoena and Request for Sanctions. I. Statement of Facts. On January 26, 2021, Patrick S. Tomilson (“Tomlinson”) filed a complaint in the State of Wisconsin Circuit Court, Milwaukee Coun...

Excerpt: ... (2) Wrongful Termination in Violation of Public Policy (based entirely on the first cause of action). The Complaint (at ¶5) alleges that Plaintiff was terminated on January 21, 2019 for violation of Plant Rules and Regulations A‐7 “Fighting, Assault, Horseplay or other disorderly conduct.” The Complaint alleges that this is false and that Plaintiff was actually terminated in retaliation for reporting purported threats of violence made to ...

Excerpt: ...ty opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 04 April 2022. And Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on City Of Palo Alto's Motion For Summary Judgment Or, In The Alternative, Summary Adjudication. I. Statement of Facts. Plaintiff Dentell Reed (“Reed”) is an African‐American male formerly employ...

Excerpt: ...LLC (“GTL”), Lotus Class, Inc. (“Lotus Class”), Atour Amirkhas, Grace Amirkhas and Lotus Shin (“Shin”), Wei Liu and V3CRE, Holdings, LLC (“V3CRE”) (collectively, “Defendants”) on Plaintiffs' First Amended Complaint (“FAC”). III. Background C. Factual This is a public nuisance action for injunctive relief and civil penalties arising out of a dispute concerning electric signs displayed in the City of San Jose. According to t...

Excerpt: ..., Yehs II Family Limited Partnership, Chinche Huang, and Chuan LLC (collectively “cross‐defendants”) filed the instant motion to compel further response to special interrogatories from cross‐complainant Richard Foust (“Foust”). On January 19, 2022, Foust filed opposition, and on January 25, 2022, La Encina and crossdefendants filed reply. On February 3, 2022, the parties were ordered to Informal Discovery Conference (“IDC”) with J...

Excerpt: ...posing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 06 April 2022. And Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion of Defendant Fidelity National Title Company to Strike Portions of the Complaint. I. Statement of Facts. Plaintiff Hong Zhang (“H. Zhang”) and her brother, defendant Dongliang Zhang (“D. Zha...

Excerpt: ...y party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 06 April 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motions of Defendant Ford Motor Company to Compel Arbitration and to Stay Action. I. Statement of Facts. Plaintiff filed this complaint on 28 September 2021.12 Plaintiff alleges that on or about 16...

Excerpt: ...to the Lease, commencement of the Lease was conditioned on Defendants being able to regain possession of the Premises from another tenant. (See complaint, ¶ 9.) If Defendants did not deliver possession of the Premises to Plaintiff after 180 days from the date of execution, either party would have the right to terminate the Lease by written notice. (Id.) Upon execution of the Lease, Plaintiff paid Defendants $4,826.50 for base rent, $1,172.15 for...