Excerpt: ... 7.) Anthony was formerly an offcer of TJGA, LCC, a construction company doing business as AR Construction ("ARC"). (ld. at '1 8.) ARC transferred its assets to HEAD, allegedly liable to Plaintiff on a successor liability theory. (ld. at 12.) Anthony left ARC on or about May 3, 2021, and joined HEAD on or about May 12, 2021. (ld. at "1 9, 12.) ARC transferred all or nearly all of its operating assets to HEAD in an attempt to avoid its creditors. ...

Excerpt: ...he FAC, filed on October 9, 2020, Defendant is a health care company that manufactures, markets, and distributes pediatric nutrition shakes for consumption by children ages one to thirteen under fts PediaSure brand. (ld. at 3.) By placing statements such as "Complete, Balanced Nutrition," "Balanced Nutrition to Help Fill Gaps," "Nutrition to Help Kids Grow," "use as part of a healthy diet," and "Clinically Proven to Help Kids Grow" on the PediaSu...

Excerpt: ...an Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6855 and the opposing party no later than 4:00 PM on 02 August 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order On Defendant Trico Bancshares' Demurrer To Gilbert And Cecilia Marosi's Verified First Amended Complaint And Each And Every Cause Of Action Alleged Therein. l. Statement of Facts. On or about 9 May 2013...

Excerpt: ...rocedural background of the action and the Court's analysis of the settlement and settlement class are set forth in that order. Before the Court is Plaintiffs motion for final approval of the settlement and for approval of their attorney fees, costs, and incentive award for the named plaintiff. Plaintiff's motion is unopposed. As discussed below, the Court GRANTS final approval but reduces the requested enhancement award to $5,000. l. LEGAL STAND...

Excerpt: ...cisco Duenas Orellana ("Orellana") and Ronald Lopez Mendez ("Mendez") (collectively, "Plaintiffs") on July 29, 2022, sets forth the following causes of action: (1) Failure to Pay Minimum and Straight Time Wages (Cal. Lab. Code SS 204, 1194, 1194.2, and 1197); (2) Failure to Pay overtime wages (Cal. Lab. code 1194 and 1198); (3) Failure to Provide Meal Periods (Cal. Lab. Code SS 226.7, 512); (4) Failure to Authorize and Permit Rest Periods (Cal. L...

Excerpt: ...ntiff designs, manufactures, and sells electric cars, electric vehicle powertrain components, as well as scalable energy generation and storage products. (FAC, 36.) Plaintiff sells successful electric vehicles and is poised to enter the pickup truck market, with over 500,000 reservations for its highly anticipated Cybertruck. (Ibid.) Defendants Rivian Automotive, Inc. and Rivian Automotive, LLC (collectively, "Rivian") are an electric vehicle man...

Excerpt: ..."Plaintiffs") against 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 acton 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 action settlement. The court approved the amended class notice the foll...

Excerpt: ...class achon Complaint against defendants JSR Micro, Inc., JSR North America Holdings, Inc., and JSR Life Sciences, LLC (collectively, "Defendants") alleging causes of action for: (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...

Excerpt: ...ourt ("Montano"); and (2) Attaway v. Alliance Residential, LLC, Case No. 20CV365134, Santa Clara County Superior Court ("Attaway"). Montano included a single cause of action for civil penalties under the Private Attorneys General Act ("PAGA"). The PAGA claim was based on allegedly deficient wage statements. Attaway set forth the following causes of action: (1) Failure to Pay All Overtime Wages; (2) Rest Period Violations; (3) Failure to Indemnify...

Excerpt: ... ("P"") and protected health information ("PHI") from unauthorized access. (First Amended Complaint ("FAC"), '1 4.) As a result of SARC's conduct, unknown and unauthorized persons allegedly accessed and viewed class members' PII and PHI through SARC's remote desktop portal. (ld. at 5 & 7.) On or about August 27, 2021, SARC provided notice of the security breach to over 57,000 people regarding the unauthorized access of their PII and PHI. (FAC, 6,...

Excerpt: ... Spiegel's religious practice of honoring the Sabbath to a room full of nurses and thereafter reported the incident to SHC's human resources department. (See complaint, 7-8.) After an investigation ensued, Dr. Martin then mistreated Plaintiff, retaliating against Plaintiff for having complained about her conduct. (See complaint, 8-9.) Plaintiff sought the advice of her supervisor, Debra Bergman, Dr. Steve Coutre, the Medical Director of Hematolog...

Excerpt: ...required fts employees to receive vaccinations for SARS-CoV-2, the virus that causes the COVID-19 disease. (Ibid.) Salinas requested but did not receive a religious exemption or accommodations from Defendants, because the County determined that his request "[was] not based on a sincerely held religious belief, practice, or observance" and was instead being made on a "non-religious basis." (ld. at '1 9.) Salinas was not afforded an opportunity to ...

Excerpt: ...opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 31 July 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order On Demurrer Of Defendant Cradar.Ai LLC To Plaintiff's Complaint. l. Statement of Facts. Plaintiff Dr. Tal Lavian ("Dr. Lavian") is an accomplished scientst, educator, technologist, inventor, and entrepreneur. (Complaint, 91...

Excerpt: ...nt on the pleadings; and (3) DENIES the motion for sanctions. l. BACKGROUND The factual and procedural background to the action are detailed in the Court's Order filed on November 28, 2022 regarding the special motion to strike the Complaint, and are not repeated in full here. In summary, the Complaint alleges plaintiff Emily Marshall ("Plaintiff") and her husband George lost their home via foreclosure. (Complaint at '125.) The sale of the home a...

Excerpt: ..., 2nd Floor, 151 North 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 31 July 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order On Motion of Plaintiff Zenith Insurance Company For Leave to File First Amended Complaint. l. Statement of Facts. Plaintiff, a Worker's Compensation insurer, filed th...

Excerpt: ..."subject property"). (See complaint, 7.) County's investigation revealed an unpermitted residence and accessory structure, two unpermitted greenhouses, a large outdoor cannabis cultivation operation, excessive outdoor storage of debris, unpermitted plumbing and electrical work, unpermitted installation of a roof mount photovoltaic system, extensive unpermitted grading, and storage and habitation of a trailer or recreational vehicle. (ld.) On Augu...

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 31 July 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order On Plaintiff's Motion For Summary Adjudication. l. Statement of Facts. Plaintiff Ezequiel Ciappolino ("Plaintiff") was a residential tenant at 561 Southside Drive in San José ("Subject Premises"). (Complaint, Plaintif...

Excerpt: ...fendant is Hieu Minh Nguyen ("Nguyen"), either by himself or along with one or more of his family members: Quy Ngoc Thi Nguyen (Nguyen's wife) and Nguyen Thi Ngoc Qui (Nguyen's daughter). In addition, these cases include cross-complaints involving several of these same parties, as well as Little Saigon Plaza Sacramento, LLC ("Little Saigon"), a former "partnership" between Luong and Nguyen that Luong apparently now controls. In each of these case...

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 31 July 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order On Motion of Defendant American Honda Motor Co, Inc. To Compel Arbitration and Stay All Proceedings. The petition is GRANTED under the authority of Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486, 495-49...

Excerpt: ... Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than PM on 31 July 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motion of Plaintiff Ezequiel Ciappolino To Compel Site Inspection and Request For $2mom In Monetary Sanctions Against Defendant Mayela Martin. l. Statement of Facts. See related order on Motion of Plaintiff for Sum...

Excerpt: ...y opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 31 July 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Motion of Plaintiff to Tax Costs/strike Memorandum of Costs Claimed by Defendants Defendant NWE Technology, Inc. and Hon Hai Precision Ind. Co. Ltd. Code of Civil Procedure, S 1033.5 states, in pertinent part, that "[a]llowable...

Excerpt: ...ry 30, 2023. The factual and procedural background of the action and the Court's analysis of the settlement and settlement class are set forth in that order. Before the Court is Plaintiff's moton for final approval of the settlement and for approval of their attorney fees, costs, and incentive award for the named plaintiff. Plaintiff's moton is unopposed. As discussed below, the Court GRANTS final approval. I. LEGAL STANDARDS FOR SETTLEMENT APPRO...

Excerpt: ...ing a box upstairs into Keleta's storage area. (FAC, PLD-Pl-001(2).) The stairs did not have a handrail. (Ibid.) During Belai's careful descent downstairs, he fell and broke his shoulder. (Ibid.) Belai was taken to the hospital. (Ibid.) Belai filed the complaint on April 6, 2021, asserting claims for general negligence and premises liability. Plaintiff filed an FAC on April 8, 2021 asserting the same claims. On April 22, 2022, Keleta filed his an...

Excerpt: ... Prevailing Wage Pay; (2) Failure to Pay Applicable Prevailing Wage on Public Works Project; (3) Failure to Pay Wages/Minimum Wages/secret underpayment of Wages; (4) Failure to Indemnify for Expenses; (5) Failure to Provide Meal Periods; (5) Failure to Provide Rest Periods; (7) Failure to Provide and Maintain Itemized Wage Statements; (8) Failure to Pay Wages Due Upon Termination; (9) Unfair Business Practices; (10) Retaliation; (11) Wrongful Ter...

Excerpt: ..."Property"). (SAC, '1 7.) According to the SAC, Plaintiff and Xie began dating in February of 2018, while Plaintiff was finalizing her diwrce. (ld., 15-21.) Plaintiff and her husband needed to sell the family residence, the Property, because neither could afford to buy the other out, but moving would mean that their 10-year old son would have to move to a different school district. (ld., 33.) Xie offered to use funds from the Foundation- a charit...

Excerpt: ...at '1 16.) After the acquisition, Plaintiff was managed by Head of Recruiting, Brian Robinson ("Mr. Robinson"). (Ibid.) While employed by Defendant, "Plaintiff had, and/or was perceived by Employer as having and/or likely to have disabilities in the future. These disabilities included . . . depression, anxiety, attention deficit hyperactivity disorder .. ., post-traumatic stress disorder .. ., Delayed Sleep Phase Syndrome, and related physical sy...

Excerpt: ...rron, Marisol Rios Trejo, Maria Quezada, Yovana Torres, Alberta Espinoza, Gloria Molina, Jose Santander, Luz Elana Legaspi, Irma Sandoval, and Yesika Bonilla (collectively, "Plaintiffs") are residents of Orchard Glen Apartments located at 3967 Seven Trees Blvd in San Jose (the "Property"). (Complaint, "15-15, 21.) KDF owns the Property and VPM manages it. (Complaint, "'117-18.) For many years, Defendants have put their tenants' health and safety ...

Excerpt: .... As discussed below, the Court GRANTS Plaintiff's motion to compel and DENIES the requests for sanctions. l. BACKGROUND A. Factual According to the operative complaint, Toray is an employer with employees engaged throughout California. (Complaint, '1 5.) Plaintiff brings this action on behalf of herself, and all other members of the general public similarly situated, seeking class certification under Code of Civil Procedure section 382. (ld., '1...

Excerpt: ...issues its tentative ruling. I. Background This is an action for personal injuries arising out of an airplane crash. According to the Complaint, on November 19, 2017, plaintiff Ting-Ting Chiu was piloting a Cessna aircraft, with Plaintiff Chiale Tseng as his passenger, when its engine stopped operating suddenly and without warning, causing the plane to crash and injure Plaintiffs. (Complaint, '110.) Plaintiffs allege that the engine stoppage and ...

Excerpt: ...Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6855 and the opposing party no later than 4:00 PM on 28 June May 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Orders on Cross-Motions for Summary Judgment. l. Facts and Procedure. A. Statement of Facts. This is an action for breach of contract and reformation by plaintiffs Adrian Lopez ("Adrian") and Esther Brambila L...

Excerpt: ...ed as Exhibit A to the Second Declaration of Guadalupe, claiming that Creditor should have included it in her moving papers. The Court will consider it. The Order directly contradicts evidence submitted by Defendants in their opposition, in which they state that no counsel appeared on behalf of Care Intranet. As such, it was properly submitted as rebuttal evidence in reply. The Court finds it unnecessary to rule on Defendants' other evidentiary o...

Excerpt: ...cuments by Dr. Oshotory served by Plaintiff, claiming it is premature under CCP S 2034.210 et seq. Plaintiff claims that under CCP SS 2032.610 he is entitled to get the medical report from the examining doctor and may also depose him. Plaintiff contends that the case Kennedy v. Superior Court (1998) 64 Cal.App.4th 674, 576 makes clear that an examining physician can be deposed regardless of the expert witness timing rules. Defendant counters that...

Excerpt: ...ises, placed his belongings outside, and took some of his personal property, including an audio recording containing information Plaintiff claims is necessary for another lawsuit. Defendant served Set No. One of Form Interrogatories and Requests for Production on Plaintiff by U.S. mail on April 11, 2023. Plaintiff failed to serve any responses on the due date. Defendant sent Plaintiff a meet and confer letter, which Plaintiff ignored. In Oppositi...

Excerpt: ...ricia Aguilar (Plaintiff Aguilar) in Case No. 23CV410551 against Defendant Stars Bay Area, Inc.4 Before the Court is a motion by Plaintiff Aguilar to consolidate the two actions, 5 which is unopposed. l. FACTUAL AND PROCEDURAL BACKGROUND Plaintiff Viveros filed case No. 190.1347692 on May 8, 2019 and Plaintiff Aguilar filed Case No. 23CV410551 on January 23, 2023. The operative complaints in each achon assert various claims for Labor Code and Bus...

Excerpt: ... 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. Now before the court is the demurrer by Defendants to each and every cause of action of the Complaint ...

Excerpt: ...rth 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 17200, et seq.; and (9) Enforcement of Labor Code SS 2598...

Excerpt: ...rvind Srinivasan v. ZL Technologies, Inc., et al. (Case No. 20CV373027); (3) Arvind Srinivasan v. ZL Technologies, Inc. (Case No. 20CV373149); (4) ZL Technologies, Inc., et al. v. Arvind Srinivasan (Case No. 21CV378097); and (5) Arvind Srinivasan v. ZL Technologies, Inc. (Case No. 21CV382329). On June 5, 2023, defendant Arvind Srinivasan ("Srinivasan") filed: (1) a Notice of Discovery Referee's Order of May 1, 2023, Granting in Part Defendants' M...

Excerpt: ...Defendant Qi has failed to prov-de any response to these requests. Defendant contends that he need not provide such documents because "(1) there are bank statements in general EventBrite, Venmo, PayPal, etc. and (2) there are no bank statements reflecting the deposit of funds collected on behalf of Plaintiff individually," as the money was collected on behalf of "the corporation." He also contends that because the amount collected is not in contr...

Excerpt: ...) is a nonprofit California corporation, owned, controlled, directed, and operated by Doe 1, which included the church ("San Jose Congregation") that Plaintiff attended and the property where the unlawful acts of childhood sexual assault occurred. (ld. at '1 11.) Doe 1 was responsible for finalizing the appointments of Elders and Ministerial Servants, including Doe 3, from its headquarters in New York. (Complaint, '17.) The managing agents direct...

Excerpt: ...al documents relating to the Loan (collectively, the "Loan Documents"): 1. Promissory Note, dated October 5, 2018; 2. Business Loan Agreement, dated October 5, 2018; 3. Deed of Trust, dated October 5, 2018 and recorded in Contra Costa County on October 18, 2018; 4. Assignment of Rents, dated October 5, 2018 and recorded in Contra Costa County on October 18, 2018; and 5. Payment Deferral Agreement, dated April 28, 2020, subsequently amended by Ame...

Excerpt: ... was allowed to exist and left in disrepair. (Complaint, MC-025.) The City failed to barricade the area and/or warn of the dangerous condition, which resulted in the area becoming a dangerous condition. (Ibid.) As a result, Saabedra sustained serious injuries. (Ibid.) Saabedra filed the Complaint on November 17, 2022, asserting claims for general negligence and premises liabilityl . On March 28, 2023, the City filed the instant motion, which Saab...

Excerpt: ...el C-5 quadriplegic" who "cannot walk, has significant manual dexterity impairments" and uses a wheelchair for mobility, went to the Chili's restaurant (the "Restaurant") located at the shopping center owned by Defendant (the "Property"). (FAC, 1, 3, 10.) Plaintiff intended to avail himself of the goods and services offered by the Restaurant, and his visit was also motivated by his desire to determine if Defendant complied with all disability acc...

Excerpt: ...respond to the discovery requests or whether Plaintiff would need to obtain a Court order compelling response. On March 31, 2022, Mr. Klein emailed Plaintiff's counsel and stated he was encountering enormous difficulty in securing his clients' cooperation in responding to this written discovery. On May 3, 2022, a substitution of attorney for Defendant was filed which substituted Defendant as a self-represented party in place of Mr. Klein. Plainti...

Excerpt: ...Factual This is an action for violation of Title IX, among other things. According to the allegations in the SAC, for over fourteen years, San Jose State University's ("SJSU") head athletic trainer, Shaw, sexually abused countless female student-athletes during allegedly sports-related massages by inappropriately and without consent touching them in their private areas. (SAC, '1 1.) Plaintiffs suffered lasting humiliation and trauma as a result o...

Excerpt: ...gations, the complaint asserts causes of action for: (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) unjust enrichment/restitution, (4) money had and received, and (5) violation of Business and Professions Code section et seq. Now before the Court is Plaintiff's motion for leave to file a first amended complaint. Defendant has opposed the motion and Plaintiff has filed a reply. DISCUSSION l. Legal St...

Excerpt: ...lowing causes of action: 1. VIOLATION OF LABOR CODE SECTION 1102.5 2. WRONGFUL TERMINATION IN VIOLATION OF PUBLIC POLICY The FAC alleges that Google employed Chatterjee as a senior engineering manager from 2018 to May 2022. (FAC, "1 10, 136.) As part of his duties, Chatterjee was responsible for evaluating the potential commercial use of a Google research project that developed design methtxls for the physical layout of computer chips ("Project M...

Excerpt: ...n for summary adjudication of both causes of action asserted in InESS's First Amended Complaint ("FAC") in Case No. 19CV347622 and (2) lnESS's second motion for summary adjudication of its fifth cause of action in Case No. 19CV350478. 80th motions are opposed. As discussed below, the Court DENIES Cisco's motion and GRANTS lnE-ss's motion. l. BACKGROUND A. Factual lnESS filed case No. 19CV347622 on May 7, 2019 and Case No. 19CV350478 on June 28, 2...

Excerpt: ...nd Parkmoor Avenue in San Jose, California ("Subject Location"). (ld. at '1 7.) At the same time, defendant David Allen was operating a light rail vehicle in the generally northbound direction towards the Subject (Ibid.) The light rail vehicle ran into Decedent, and she was killed. (ld. at 7.) Plaintiff alleges the train operator (Allen) and the VTA (collectively, "Defendants"), "failed to sound a horn or other device at or near the crossing, to ...

Excerpt: ...rt "to honor the arbitration clause in the Client Manual." (Opp. at p. 3:7.) After Citibank failed to pay the administrative fee required by AAA and by statute (Code Civ. Proc., S 1281.97), AAA closed out the case, and Lee filed the present action in this court. Lee now contends that Citibank waived its right to compel arbitration, and the court agrees. Accordingly, the court denies the motion. Although a waiver of arbitration is generally not li...

Excerpt: ...motion. As instructed by the court, the parties had an informal discovery conference with Judge Carol Overton and were able to narrow their disputes, but many disputes remain. The court now GRANTS in part and DENIES in part the motion to compel, as follows: Form Interrogatories (General) Nos. 12.1 & 12.2 and Form Interrogatories (Employment) Nos. 215.1 & 215.2: The court does not understand the relevance of Ms. Viera's investigation and report to...

Excerpt: ...er rate, and failed to provide accurate itemized wage statements, in addition to other wage and hour violations. As a result of these violations, the First Amended Complaint includes causes of action for: (1) violation of Business and Professions Code section 17200, et seq.; (2) failure to pay all wages (Labor Code sectons 2[n, et seq. 218, 226, 510, 511, 1194, 1198, 2802); (3) failure to pay sick pay at the correct regular rate; (4) failure to p...

Excerpt: ... trade secrets. Plaintiff alleges that its former employees joined Sycomp, a competitor, after abusing and exploiting their privileged access to Plaintiff's computer networks and devices to misappropriate Plaintiff's trade secret and confidential information to the benefit of Defendant Sycomp. (Complaint, 2.) The operative Complaint, filed on May 12, 2023, alleges the following causes of action: 1. Violation of the California Uniform Trade Secret...

Excerpt: ...lege Sasan directed racial and religious epithets Antranik and threatened violence towards Antranik and his family. According to the FAC, on August 31, 2020, Antranik entered the 7-Eleven, which Mohammed and Khandan own and Khandan manages, to purchase lottery tickets. (FAC, "1 5, 6, 11.) After receiving his change from Sasan, who was behind the register, Antranik asked Sasan what he could buy for $1. (ld., 12-13.) Sasan, which is alleged on info...

Excerpt: ...ls ("Plaintiff") was hired by defendants Northrop Grumman Systems Corporation and Northrop Grumman Corporation (collectively, "Defendants") in May 2010 as an hourly, non- exempt employee. (Complaint, 10.) Plaintiff alleges that Defendants violated various wage and hour laws, including requiring Plaintiff and the putative class to go through security checks, failing to provide meal periods, failing to reimburse for business expenses such as the pu...

Excerpt: ... wage and hour laws. The Class Action Complaint, filed on July 27, 2020, sets forth causes of action for: (1) Violation of 15 U.S.C. SS (FCRA); (2) Failure to Provide Meal Periods (Lab. code 204, 223, 226.7, 512 and 1198); (3) Failure to Provide Rest Periods (Lab. Code SS 204, 223, 226.7 and 1198); (4) Failure to Pay Hourly wages (Lab. code SS 223, 510, 1194, 1194.2, 1197, 1997.1 and 1198); (5) Failure to Pay vacation Wages (Lab. Code S 227.3); (...

Excerpt: ...EVIDENTIARY OBJECTIONS The court declines to issue a ruling on Galan Ramirez's evidentary objections because they are not material to the outcome of the summary adjudication motion. "In granting or denying a moton for summary judgment or summary adjudication, the court need rule only on those objections to evidence that it deems material to its disposition of the motion. Objections to evidence that are not ruled on for purposes of the motion shal...

Excerpt: ...1. Relevant Background The parties had an arbitration in 2020 and 2021. The evidentiary hearing took place over the course of several days in June 2021, now more than two years ago. On November 10, 2021, the three-arbitrator panel from JAMS served its final award on the parties, awarding $83 million to Petitioners. On February 17, 2022, respondents Jeffrey Scharf and Sherril Smith-Scharf ("Respondents") filed a #tition in this court to correct th...

Excerpt: ...the original complaint in this action on January 4, 2019. According to the allegations of the operative first amended complaint ("FAC"), Plaintiffs operate pain management clinics. (FAC, 9, 19, 20.) They were in-network providers with Cigna for many years, until 2014. (ld. at '1 2.) After they left the Cigna network, Cigna allegedly required excessive medical records and documentation for each bill prior to payment. (ld. at 3.) According to Plain...

Excerpt: ...intiff"), and defendant Mosaic Dance and Fitness, LLC ("Mosaic") entered into a written lease agreement (the "Lease Agreement"). (FAC at '1 7.) Under the Lease Agreement, defendant Mosaic agreed to lease certain premises located at 3595 Stevens Creek Blvd. in Santa Clara, California ("Premises"), for a term of approximately two (2) years and two (2) months, beginning on or about November 1, 2019, and ending on or about December 31, 2021. (Ibid.) ...

Excerpt: ...ble because Defendants did not initial the arbitration clause, as they claim is required under Business and Professions Code S 7191. That section requires a line or space "for the parties to indicate their assent or nonassent to the arbitration provision" and it also requires a notice provision advising of the rights waived by agreeing to arbitrate. CA Cade S 7191(b). There is no dispute that the contract at issue complied with the general requir...

Excerpt: ...ebruary 9, 2015, Plaintiff and Defendant entered into a written contact for the pre-planning of a multi story high rise residential building located in the City of San Jose (the City) downtown district. Defendant had experienced professional architects who could assist[] Plaintiff plan, design, and build project. The contract required Defendant to complete its work within five weeks. The contract price was $23,000, and the contract specified that...

Excerpt: ...the Contract Documents which in any way involve Subcontractor, shall be resolved by arbitration or litigation at the sole discretion of the Contractor, and any award or judgment entered theron shall be final and binding upon Subcontractor. The venue for any legal proceeding shall be held in the county and state where the project is located. Arbitration will be in accordance with the Constructon Industry Rules of the American Arbitration Associati...

Excerpt: ...ues its tentative ruling: l. Background According to the amended complaint ("FAC") for unlawful detainer to evict and obtain possession, Cross-complainants were tenants at 1315 San Damar Drive in Mountain View (the "Property") since March 27, 2015. (FAC, 3, 6.) On August 12, 2022, they were served with a 60-day notice to quit. (FAC, "1 9, 10.) The XC alleges the Property was sold to Cross-Defendants in July 2020. (XC, 1.) Crosscomplainants' tenan...

Excerpt: ...1.) Thereafter, defendants Nancy Kim and her brother, defendant Timothy Kim (collectively, "Defendants"), occupied the Subject Property. (ld. at '1 9.) On or about August 15, 2018, plaintiff Park and defendant Nancy Kim agreed to extend the lease term for an additional six months. (Complaint at '1 10.) Defendant Nancy Kim gave her brother, Timothy Kim, power of attorney to enter into a written lease extension. (Ibid.) The rent increased to $3,750...

Excerpt: ...g as follows: l. Background This is an action for breach of contract arising out of a commercial business relationship. According to the SAC, Plaintiff is in the business of acquisition and sales in the capital equipment secondary market, particularly hi-tech fabrication equipment. (SAC, '1 13; see Declaration of Sal Shafi in Support of Motion for Summary Adjudication ("Shafi Decl."), 2.) On November 16, 2016, Plaintiff and Defendants entered int...

Excerpt: ...the parties in this and the related matter before this Court have filed a variety of motions so that the Court is well acquainted with the two lawsuits and the allegations. Secondarily, the Court is disappointed that what is essentially a pleading motion has been filed many years after suit was filed, as to matters that might well have been addressed by demurrer or by a few specifically targeted contention interrogatories. The opposition papers a...

Excerpt: ...upervision. Plaintiff alleges he chose Defendant's office due to its proximity to Plaintiff's home, as Plaintiff is elderly and has poor vision, such that he prefers not to drive long distances. Plaintiff alleges Defendant made numerous errors and omissions in connection with his care and treatment. The most serious allegation concerns an event that took place on 9/02/21. Defendant assigned a new trainee phlebotomist to Plaintiff, and Defendant w...

Excerpt: ...upervision. Plaintiff alleges he chose Defendant's office due to its proximity to Plaintiff's home, as Plaintiff is elderly and has poor vision, such that he prefers not to drive long distances. Plaintiff alleges Defendant made numerous errors and omissions in connection with his care and treatment. The most serious allegation concerns an event that took place on 9/02/21. Defendant assigned a new trainee phlebotomist to Plaintiff, and Defendant w...

Excerpt: ...ity to amend as the Opposition raises several issues which are susceptible of amendment if Plaintiff can overcome the claim-presentation defect. (2) Defendants' Motion to Strike is MOOTED. ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On March 18, 2021, Plaintiff, Alan Hall (“Plaintiff”) filed a Complaint against Defendant, City of Lawndale (“Defendant”). On February 8, 2022, Plaintiff filed a First Amended Complaint (“FAC”). On Octob...

Excerpt: ...tiff's entire petition without leave to amend, and the petition is therefore dismissed. REQUEST FOR JUDICIAL NOTICE: Respondent's request for judicial notice is granted. BACKGROUND Petitioner brings this action against Respondent in relation to the Los Angeles County Department of Regional Planning's (“DRP”) evaluation and recommendation of conditions of approval in Petitioner's Conditional Use Permit (“CUP”) Application No. RPPL201900266...

Excerpt: ...ct to provide designs and obtain permits for a new clinic he was planning on opening at 1378 El Camino Real in Santa Clara. (Complaint, 8.) On October 31, 2021, Ma retained Defendants to complete the draw-ngs and obtain the permits. (Ibid.) The parties agreed that Ma would pay $7,000 and Defendants would provide schematic designs, design development, and construction documents for the space, which would have 3 treatment rooms with a reception are...

Excerpt: ...y 21, 2023, Defendant/Cross-Complainant THOMAS REYES, JR. (“Cross-Complainant” or “Reyes”) filed subject Second Amended Cross-Complaint (“SAXC”). The SAXC alleges, in pertinent part: “This Cross-Complaint centers around the fraud and breach of duties by Cross-Defendants to take control of Cross-Complainant's business and the Cross-Defendant's attempts to take Cross-Complainant's personal property that he created and owned before the...

Excerpt: ...n Plaintiff Aric Cho (Plaintiff) and Defendant Kye Hyun Lee (Defendant). On 11/7/22, Plaintiff filed his original complaint which was captioned as a complaint for “intentional bodily injury.” On 12/9/22, Plaintiff filed his First Amended Complaint which no longer includes the reference to “intentional bodily injury” in the caption. However, the First Amended Complaint is based on the same allegations as the original complaint. After Plain...

Excerpt: ...endant to file a responsive pleading within five days. Defendant appealed the ruling on the motion to quash, and the appeal was ultimately dismissed. On 5/23/23, the Court permitted Plaintiff to re-file the action as an unlimited civil action, and on 5/24/23, Plaintiff filed the operative First Amended Complaint. On 6/12/23, Defendant filed a demurrer to the FAC, which is set for hearing today. 2. Demurrer a. Legal Standard on Demurrer A demurrer...

Excerpt: ...signed multiple houses in different styles and provided photos of these designs to Li — representations confirmed by Zoran's wife, Elizabeth, in November 2021. (Complaint, '1 6.) Defendants represented that they had years of ex#rience in designing houses and working with the City of Palo Alto's zoning authorities to obtain new constructon and remodeling permits. (Ibid.) Defendants also represented that they carefully, honestly, billed their cli...

Excerpt: ...alleges the following relevant facts: “On April 22, 2020… Plaintiff IRENE LOPEZ TARIN, was walking on Pine Ave. and tripped an [sic] fell due to a dangerous condition in the form of severely uneven pavement.” (FAC Prem. L-1.) Plaintiff alleges that “Defendants and each of them negligently and carelessly owned, operated, managed, entrusted, designed, and maintained said premises as to cause bodily injury to Plaintiff.” (FAC GN-1.) The FA...

Excerpt: ...alleges the following relevant facts: “On April 22, 2020… Plaintiff IRENE LOPEZ TARIN, was walking on Pine Ave. and tripped an [sic] fell due to a dangerous condition in the form of severely uneven pavement.” (FAC Prem. L-1.) Plaintiff alleges that “Defendants and each of them negligently and carelessly owned, operated, managed, entrusted, designed, and maintained said premises as to cause bodily injury to Plaintiff.” (FAC GN-1.) The FA...

Excerpt: ...r PAGA for personally sustained violations and violations against other aggrieved employees. Except for specifically enumerated exceptions, the court must order the petitioner and respondent to arbitrate a controversy if the court finds that a written agreement to arbitrate the controversy exists. (See CCP §1281.2.) “In California, [g]eneral principles of contract law determine whether the parties have entered a binding agreement to arbitrate....

Excerpt: ...f the FEHA (employment discrimination); (2) Failure to Pay Wages Due and Owing (violation of Labor Code SS et seq.); (3) Breach of Contract; (4) Breach of the Implied Covenant of Good Faith and Fair Dealing; and (5) Unfair Competition. The FAC alleges that Stroud began working for Intermedia in December 2014 and that she resigned in January 2019. Previously, Intermedia brought a demurrer to the FAC's second, third, fourth, and fifth causes of act...

Excerpt: ...fiduciary duty, fraudulent inducement, intentional misrepresentation, breach of contract, and negligent misrepresentation. The cross-complaint arises out of the same business relationship that forms the basis of the complaint. 2. 2/14/23 Motion to Reopen Discovery On 2/14/23, the Court heard Plaintiffs' motion to reopen discovery. As it relates to today's motion, the Court ruled: Plaintiffs propounded a deposition subpoena for production of busin...

Excerpt: ...by Lawrence Moroso. The incident occurred on The Old Road in Newhall, California. Lawrence died as a result of the injuries. Plaintiffs allege Jacob Sanchez was operating the vehicle on behalf of employer, defendant Newegg. On August 5, 2021, Plaintiffs filed a complaint for Negligence, Negligent Hiring, Negligent Entrustment, Negligent Supervision, and Survival Action. On September 9, 2021, Distinct Cars answered the complaint. On September 17, ...

Excerpt: ...mended complaint (“FAC”). TENTATIVE RULING: The motion is denied. ANALYSIS The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. (Code Civ. Proc., § 436, subd. (a).) The court may also strike all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. (I...

Excerpt: ...than recount the long history of litigation, which has already been recounted multiple times in this case, the court simply refers to, and incorporates by reference, the court's prior orders of January 7, 2020 (issued by Judge Pierce), March 6, 2020 (judgment entered by Judge Pierce), September 24, 2020 (signed by Judge Barrett), and November 8, 2022 (signed by Judge Kirwan). Defendant Nordstrom, Inc. ("Nordstrom") requests that the court take ju...

Excerpt: ...with a grant date of January 1, 2020. (See complaint, "1 2-3.) The offer letter further states that the RSU grant shall be converted into "ordinary shares of YY Inc." subject to a conversation ratio of "10000/2774 (10000 RSU[s] equals 2774 ordinary shares of YY Inc.)." (See complaint, '13.) As of January 1, 2021, Plaintiff expected to have 5,091 shares in YY vested; however, instead, only 255 YY shares had vested. (See complaint, 4.) Plaintiff fo...

Excerpt: ...fiduciary duty, fraudulent inducement, intentional misrepresentation, breach of contract, and negligent misrepresentation. The cross-complaint arises out of the same business relationship that forms the basis of the complaint. 2. 2/14/23 Motion to Reopen Discovery On 2/14/23, the Court heard Plaintiffs' motion to reopen discovery. As it relates to today's motion, the Court ruled: Plaintiffs propounded a deposition subpoena for production of busin...

Excerpt: ...fiduciary duty, fraudulent inducement, intentional misrepresentation, breach of contract, and negligent misrepresentation. The cross-complaint arises out of the same business relationship that forms the basis of the complaint. 2. 2/14/23 Motion to Reopen Discovery On 2/14/23, the Court heard Plaintiffs' motion to reopen discovery. As it relates to today's motion, the Court ruled: Plaintiffs propounded a deposition subpoena for production of busin...

Excerpt: ...e opposes the motion, arguing that Hix and Fahn have shown an insuffic:ient basis for quashing the subpoena; alternatively, if Fahn is excused from testifying at trial, RealPage asks that her declaration and deposition testimony be excluded, as well. This is an unusual situation, because unlike most witnesses who seek to be excused from testifying for medical reasons, Fahn has already testified for 12 hours over the course of three days of deposi...

Excerpt: ...nuing to practice law until well into the case, and as a result, his prior attorney did little to prepare the case for trial. Plaintiff asks the Court to deduct from the five year statute the tme from when his attorney had a stroke to the present. The Court declines to do so. II. Legal Standard and Analysis Code of Civil Procedure secton 583.310 states: "an action shall be brought to trial within five years after the action is commenced against t...

Excerpt: ...ubsequently purchased a defective 2016 Chevrolet Traverse ("Subject Vehicle") that was manufactured and warranted by Defendant. (Complaint ("Compl."), 11- 12, 15.) The Subject Vehicle had nonconformities including, but not limited to, transmission and engine issues which substantially impaired the use, value, and/or safety of the Subject Vehicle. (ld. at "1 15-17.) On January 28, 2022, Plaintiffs filed the operative Complaint, asserting the follo...

Excerpt: ...mbiguous and unintelligible." After the filing of the instant motion, Defendant filed supplemental responses to the RFA's, repeating the objections as noted above. Although continuing to IINlge the objection, each supplemental response contained either an admission or denial, "without waiving said objections." Defendant's declaration asserts that Plaintiff refused to withdraw this motion upon the filing of the supplemental responses, on the groun...

Excerpt: ...r PAGA for personally sustained violations and violations against other aggrieved employees. Except for specifically enumerated exceptions, the court must order the petitioner and respondent to arbitrate a controversy if the court finds that a written agreement to arbitrate the controversy exists. (See CCP §1281.2.) “In California, [g]eneral principles of contract law determine whether the parties have entered a binding agreement to arbitrate....

Excerpt: ...ase arises from a dispute between an insurer and its insured. Plaintiffs Carney Shegarian and Shekar Family Trust I (the “Trust”) formed Plaintiff 32453 PCH, LLC (the “LLC”) to buy and own property located at 32453 Pacific Coast Highway in Malibu (the “Property”). (Undisputed Material Facts (“UMF”) No. 1.) The LLC purchased the Property for $7,775,000. (UMF No. 56.) To insure the Property, Shegerian's broker (Greg Saffer) worked w...

Excerpt: ...ase arises from a dispute between an insurer and its insured. Plaintiffs Carney Shegarian and Shekar Family Trust I (the “Trust”) formed Plaintiff 32453 PCH, LLC (the “LLC”) to buy and own property located at 32453 Pacific Coast Highway in Malibu (the “Property”). (Undisputed Material Facts (“UMF”) No. 1.) The LLC purchased the Property for $7,775,000. (UMF No. 56.) To insure the Property, Shegerian's broker (Greg Saffer) worked w...

Excerpt: ...g company. Market Street filed suit in May 2019, seeking among other relief the involuntary dissolution of MSD-DV and liquidation of real property assets. ay order dated November 6, 2019, the court (Hon. Peter Kirwan) granted AVID's motion to stay the prueedings and fix the value of Market Street's interest, under Corporations Code section 17707.03 and ordered the parties to supply a list of six appraisers from which the court would appoint the t...

Excerpt: ...rth causes of achon for: (1) Violation of 15 U.S.C. SS (FCRA); and (2) Violation of 15 U.S.C. SS and 1681g(c) (FCRA). On November 18, 2020, the court issued its Order Deeming Case Complex and Staying Discovery and Responsive Pleading Deadline, which stayed all discovery in this case. On June 4, 2021, Plaintiff filed the operative First Amended Complaint, which sets forth causes of action for: (1) Violation of 15 U.S.C. (FCRA); and (2) Violation o...

Excerpt: ... forth causes of action for: (1) Failure to Pay All Wages; (2) Failure to Provide Meal Periods or Compensation in Lieu Thereof; (3) Failure to Permit Rest Periods or Provide Compensation in Lieu Thereof; (4) Knowing and Intentional Failure to Provide Accurate Itemized Wage Statements; (5) Waiting Time Penalties; (6) Failure to Reimburse Business Expenses; (7) Violations of Unfair Competition Law; and (8) Violation of the Private Attorneys General...

Excerpt: ...action: (1) Failure to Provide Meal Periods; (2) Failure to Permit Rest Breaks; (3) Failure to Provide Accurate Itemized Wage Statements; (4) Failure to Pay All Wages Due upon Separation of Employment; (5) Violation of Business and Professions Code SS 17200, et seq. ("UCL"); (6) Failure to Reimburse Business Expenses; and (7) Enforcement of Labor Code S 2698 et seq. ("PAGA"). The parties reached a settlement. Plaintiff Tracee Sheppard ("Plaintiff...

Excerpt: ...ornia Labor Code SS 510 and 1198 (Unpaid Overtime); (2) Violation of California Labor Code SS 226.7 and 512(a) (Unpaid Meal Period Premiums); (3) Violation of California Labor Code S 226.7 (unpaid Rest Period Premiums); (4) Violation of California Labor Code SS 1194, 1197, and 1197.1 (Unpaid Minimum Wages); (5) Violation of California Labor Code SS 201 and 202 (Final Wages Not Timely Paid); (6) Violation of California Labor Code S 204 (Wages Not ...

Excerpt: ...tral Coast Agriculture, Inc. ("Defendant"), which sets forth the following causes of action: (1) Violation of the California Consumers Legal Remedies Act, Cal. Civ. Code SS 1750, et seq.; (2) Violation of the California Unfair Competition Law, Cal. Bus. & Prof. Code SS 17200, et seq.; (3) Violation of the California False Advertising Law, Cal. Bus. & Prof. Code SS 17500, et seq.; (4) Breach of Express Warranty; (5) Breach of Implied Warranty of M...

Excerpt: ... (1) Civil Penalties Under Labor Code S 210; (2) Civil Penalties Under Labor Code S 226.3; (3) Violation of Labor Code S 558; (4) Violation of Labor Code S 1174.5; (5) Violation of Labor Code S 1197.1; and (6) Civil Penalties under Labor Code S 2699. On May 17, 2022, Plaintiff filed the First Amended Complaint against Defendants, which sets forth the following causes of action: (1) Failure to Pay Overtime Wages; (2) Failure to Pay Minimum Wages; ...