Excerpt: ... of the settlement and settlement class are set forth in that order. Before the Court are Plaintiff's motions for final approval of the settlement and for approval of her attorney fees, costs, and service award. The motions are unopposed. As discussed below, the Court is inclined to grant both motions, subject to the parties' agreement to amend the release to conform with Amaro v. Anaheim Arena Management, LLC (2021) 69 Cal.App.5th 521 (Amaro). I...

Excerpt: ...s disputed in the instant motion whether Anthony is a beneficiary or is disinherited. On October 26, 2020, plaintiffs Angelo and Anthony (collectively “plaintiffs”) filed complaint against defendant Michael Agustine in connection with the fifth amendment, alleging causes of action for financial elder abuse, intentional interference with expected inheritance, fraud, unjust enrichment, constructive trust, damages and attorney's fees pursuant to...

Excerpt: ...Colkitt, Lore Flickinger and Joanne Russell (“defendants”). The complaint alleges four causes of action for elder abuse and neglect, violation of patient rights, negligence and wrongful death. On September 16, 2021, Valley House filed the instant motion to compel arbitration and stay proceedings. On December 29, 2021, plaintiffs filed opposition, and on January 6, 2021, Valley House filed reply. Valley House is a skilled nursing facility. On ...

Excerpt: ....) The purchase included express written warranties, specifically a four‐year/50,000 mile bumper‐to‐bumper warranty, and a four‐year/50,000 mile power train warranty. (Id., ¶ 9.) During the warranty period, the Vehicle contained or developed numerous defects. (Id., ¶ 10.) Defendants have been unable to service or repair the car to conform to the warranties, and have failed to comply with their statutory obligation to replace the Vehicle...

Excerpt: ... Plaintiffs oppose SCVWD's motion.5 As discussed below, the Court DENIES SCVWD's motion. I. BACKGROUND6 As alleged in the operative Omnibus Complaint, the 63‐ mile Coyote Creek is the longest stream and drains the largest watershed in Santa Clara County, and is located within the over 320‐square‐mile watershed system managed by SCVWD. (Omnibus Complaint, ¶ 47.) Water stored in Coyote and Anderson Reservoirs, both of which are owned and man...

Excerpt: ...scrimination in violation of FEHA, (2) retaliation in violation of FEHA, and (3) unpaid wages. There were no allegations of harassment or wrongful termination in violation of FEHA stated in the original complaint. The operative first amended complaint (“FAC”) was filed on October 16, 2019 and states claims for (1) Discrimination (on the basis of age and gender) and Harassment (with the harassment allegation added for the first time in October...

Excerpt: ...ry the case in federal court. Plaintiff opposes Costco's motion. As discussed below, the Court DENIES summary adjudication. I. BACKGROUND This action was initially filed in 2013, as a putative “class action and representative action” under PAGA. Then, as now, Plaintiff alleged that Costco failed to provide suitable seating under the applicable wage order with respect to employees who worked as “greeters” and as “exit checkers” station...

Excerpt: ...urt preliminarily approved in an order filed on September 9, 2021. 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 motion for final approval of the settlement and for approval of his attorney fees, costs, and service award. The motion is unopposed. As discussed below, the Court is inclined to grant final approval, subje...

Excerpt: ...greement with Defendants where the parties would each contribute 50% of the cost to co‐purchase and co‐own 38 vehicles costing $262,286.00 at auction and then resell them at a profit on a weekly basis. (See SAC, ¶¶ 1, 9.) The profits would be divided each week equally between Plaintiff and Defendants, with each taking the profit or rolling it over into the sales the following week. (See SAC, ¶ 9, subpara. C.) Pending their sale, the subjec...

Excerpt: ... 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 12 January 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Demurrer to Plaintiff's Complaint. I. Statement of Facts. Plaintiff Dr. Heather Colbert, M.D., Ph.D's (“Dr. Colbert”) 95 page complaint consists of 587 enumerated paragra...

Excerpt: ...ly, the parties apparently cannot even agree on what has been resolved. According to Plaintiffs' statement of issues, 28 document requests are still in dispute. According to Ford's statement of issues, 20 document requests are in dispute. It appears to the Court that, regardless of the number of disputed issues, the disputed requests share common themes. The Court will therefore issue orders to address what is sees as the common themes as opposed...

Excerpt: ...nt 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action. According to the allegations of the Complaint, filed on January 8, 2021, the Doe plaintiffs in this case (collectively with Citizen Power Initiatives for China, “Plaintiffs”) are users of an app called WeChat. (Complaint, ¶¶ 14‐19.) WeChat is a messaging‐and‐payments mobile application offered by defendants Tencent America LLC ...

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: MOTION FOR APPROVAL OF PAGA SETTLEMENT The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on January 12, 2022 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: 2 1 2 3 4 5 6...

Excerpt: ... 12, 2022 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class and representative action arising out of various alleged wage and hour violations. Plaintiff Paul Hancock (“Plaintiff”) filed the original complaint on November 19, 2019. On November 20, 2019, the court ordered all discovery stayed. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 T...

Excerpt: .... 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. The First Amended Complaint, filed on September 2, 2021, sets forth the following causes of action: (1) Violation of California Labor Code §§ 510 and 1198 (Unpaid Overtime); (2) Violation of California Labor Code §§ 226.7 and 512(a) (Unpaid Meal Period Premiums); (3) Violation of Cali...

Excerpt: ...is action arises out of the alleged misappropriation of trade secrets owned by plaintiff Tesla, Inc. (“Plaintiff”). Plaintiff filed the original Complaint on July 17, 2020, against defendants Rivian Automotive, Inc. and Rivian Automotive , LLC (collectively, “Rivian”) and four individual defendants. The Complaint set forth causes of action for: (1) Violation of the Uniform Trade Secrets Act (Cal. Civ. Code § 3426 et seq.); (2) Breach of ...

Excerpt: ... repairing a common roadway area and a gate on Felter Road leading into the common roadway area together with issues concerning animals in a common well areas. The moving papers argue that the time within which to challenge the award has passed as Respondent had 100 days to challenge the award pursuant to CCP 1288 and failed to do so. The moving papers also argue that Respondent was a sophisticated business woman who was bound by the 2016 Settlem...

Excerpt: ...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 10 January 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion of Defendant Uber Technologies Inc. (and Joinder by Defendants Anthony James Rab and Sean Rapisura) to Reconsider This Court's Order of 8 September 2021 Denying Motion to Transfer ...

Excerpt: ... California Rosenthal Fair Debt Collection Practices Act (Civ. Code, §§ 1788‐1788.33) (the “RFDCPA”). According to the allegations of the operative Complaint, on October 9, 2015, Plaintiff is alleged to have incurred a financial obligation in the form of a consumer credit account issued by One Main Financial, Inc. (“One Main Financial”) which qualifies as a “consumer debt” within the meaning of the RFDCPA. (Complaint, ¶ 13.) Plai...

Excerpt: ...e Deposition by Defendants Everspring Construction Inc., Patrick Tsao, Montecito Realty Group LP and Suretec Indemnity Company. The Motion is opposed by Plaintiff and Cross Defendant RAM Concrete Construction, Inc. (RAM). DISCUSSION A. Legal Standard Any party may discover any relevant, non‐privileged matter that might reasonably lead to other admissible evidence. The relevance to the subject matter' and ‘reasonably calculated to lead to disc...

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 10 January 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Motion of Defendants Creative Habitat, Inc. and Sima Katzir As Personal Representative, etc. for Clarification of Order on Motion to Quash Subpoena. Defendants seek “clarification” of thi...

Excerpt: ...nses: (1) a statement that the party will comply with the particular demand, (2) a representation that the party lacks the ability to comply, or (3) an objection. CCP §2031.210(a). When the party complies, the required responsive statement is clear: “[a] statement that the party to whom an inspection demand has been directed will comply with the particular demand shall state that the production, inspection, and related activity demanded will b...

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 10 January 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Defendants' Motion for Summary Judgment, or in the Alternative, Summary Adjudication to the First Amended Complaint. I. Statement of Facts. Plaintiff Amanda Martin (“Plaintiff”)...

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 10 January 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion of Defendants Creative Habitat, Inc. and Sima Katzir As Personal Representative, etc. For Judgment on the Pleadings. I. Statement of Facts. On or about 15 June 2015, plaintiff...

Excerpt: ...he Court is the Motion of Plaintiff to Strike or Tax Costs claimed by Ganion, CSCG, Joyce Lee, Taylor Beck and Tina Longo. (Collectively “Defendants”) Plaintiff's motion is opposed by all Defendants. DISCUSSION Plaintiff's arguments in opposition to the Ganion and CSCG motions and Plaintiff's argument in support of her motion to Tax costs share a common legal and factual basis. For that reason, the Court believes it is useful to consider the ...