Excerpt: ...c and Legislative Affairs Division ("Division") of the Registrar of Voters ("ROV"). (FAC, 915.) Defendant County originally hired Plaintiff as a temporary employee or what defendant County refers to as an extra help appointment. (ld.) In August 2019, Plaintiff began reporting to defendant Evelyn Mendez ("Mendez") who recognized Plaintiff's value to the Div-sion/ ROV. (FAC, 916.) For instance, during her time managing the ROV's social media, Plain...

Excerpt: ...led by (1) the County of Santa Clara (the "County"), (2) the universal Protectionaffiliated Defendants, and (3) the VTA, all of which are opposed by Ms. Gil. As discussed below, the County and Universal Protection's demurrers to the SAC are SUSTAINED WITHOUT LEAVE TO AMEND and the VTA's demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the fourth cause of action and SUSTAINED WITH 30 DAYS' LEAVE TO AMEND as to the first, second and third causes ...

Excerpt: ...4.) Pursuant to the Ground Lease, the lessor provided plaintiff Bay 101 with an option to purchase the Original Premises for $15,245,000. ("Original Option Agreement"). (Complaint, "4 — 5.) On or about 15 November 1993, plaintiff Bay 101, as tenant, and Bumb & Associates, as landlord, entered into a lease ("Building Lease") whereby Bumb & Associates agreed to lease to plaintiff Bay 101 a to-be-constructed two-story, 75,000 square foot building ...

Excerpt: ...se suffered by Plaintiff when she was a student at St. Aloysius. (SAC, '1 28.) In 1997, when Plaintiff was four years old, she participated in school related and after-school activities at St. Aloysius. (SAC, 30.) Father Benedict Van Der Putten ("Van Der Putten") was a priest at St. Aloysius and he sexually abused and assaulted Plaintiff multiple times from 1997 to 1999, when Plaintiff was six years old. (Ibid.) Van Der Putten's inappropriate beh...

Excerpt: ...led on May 18, 2023, states two causes of action: (1) Violation of the Song-Beverly Act—Breach of Express Warranty, and (2) Fraudulent Inducement—concealment. The complaint alleges that, as part of the purchase of the subject vehicle, Ramadoss entered into an express written contract with Honda, a warranty agreement that is attached to the complaint as Exhibit 1. (Complaint at 9.) The complaint alleges that Honda was aware of the sensing defe...

Excerpt: ...ating to the construction of a surgery center located at 2039 Forest Avenue, San Jose, CA 95128 ("Surgery Center"). According to Physician Surgery, due to Shultz's negligence, the electrical system failed to meet the applicable standard and specification or to pass inspection until October 11, 2019, resulting in substantial costs, expenses, and lost profits. Physician Services also alleges: "Due to a typographical error, the contract misspelled '...

Excerpt: ...hich is opposed by Plaintiff. As discussed below, the Court SUSTAINS the motion, in part with leave to amend and in part without leave to amend. XVII. BACKGROUND A. Factual As alleged in the SAC, nine of Mr. aertolet's coworkers were killed in a mass shooting perpetrated by a fellow employee of the VTA on May 26, 2021. (SAC, '18.) The shooting took place at the VTA's Guadalupe Division facility which is located in the Civic Center neighborhood of...

Excerpt: ... demurrer, filed on December 8, 2023, was untimely, and that it was filed after a default should have been entered by the clerk's office on November 30, 2023. The court disagrees with Zheng's argument that he had until December 12, 2023 to demur or otherwise respond to the complaint. That is based on the erroneous premise that the court's November 16, 2023 order on his (and Ni's) second motion to quash, as well as the Appellate Division's Novembe...

Excerpt: ...ODUCTION on May 26, 2021, then Valley Transit Authority ("VTA") employee Samuel Cassidy shot and killed nine coworkers at a VTA facility in San Jose. Many of the decedents' heirs and estates have sued VTA, Santa Clara County ("the County"), and various security companies. Currently before the Court are: (1) demurrers filed in each of the above- captioned cases (except for the Balleza case) by the County ("County Demurrer"); and (2) demurrers file...

Excerpt: ... to the Estate of Timothy Swihart, Deceased (collectively, “Plaintiffs”) NOTICE: OK RELIEF REQUESTED: Moving Defendants demur to the second, third, and fourth causes of action in Plaintiffs' complaint. Moving Defendants also seeks an order striking Plaintiffs' references to punitive damages and attorney fees from the complaint. TENTATIVE RULING: The demurrer is sustained as to Plaintiffs' second and fourth causes of action and overruled as to...

Excerpt: ...ing party. Thuerk now seeks attorney's fees in the amount of $75,037, plus $11,059.15 in costs. The court GRANTS in part and DENIES in part the motion. There is no dispute that Thuerk is entitled to attorney's fees; the only dispute between the parties is over the amount of those fees. The court finds that Thuerk's counsel's billing rates are reasonable for this type of case ($300-$625 per hour). Indeed, the court has found similar rates to be re...

Excerpt: ...assigned her to obtain travel documentation related to Lee's brother and his mistress. (Ibid.) Following their meeting, Lee "lured YANG to the united States with the promise of lucrative opportunities at Stanford and in the Silicon Valley investment world." (FAC at '14.) Lee holds himself out as the senior advisor of the former CEO of Stanford Health and as an investor working at Stanford university. (ld. at 3, 7.) Throughout their relationship, ...

Excerpt: ...njured three victims and killed two others. Grace Solutions provides emergency shelter for the unhoused throughout San Jose, CA. (Grace Solutions Reply to James Chelley's Opposition to Separate Statement of Undisputed Facts "RSSUF" Nos. 1 & 2.) In 2021, Grace Solutions entered into an agreement with Defendant GRACE BAPTIST CHURCH to utilize their space for Grace Solutions' emergency shelter for the unhoused. (RSSLJF No. 3.) At the time of the inc...

Excerpt: ...ors or co-obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co-obligors." If the trial court makes a finding of good faith, then that determination "shall bar any other joint tortfeasor or co-obligor from any further claims against the settling tortfeasor or co-obligor for equitable comparative contributio...

Excerpt: ...ses of action for breach of contract and common counts. Plaintiff moves for summary judgment. l. PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Plaintiff's burden on summary adjudication The moving party bears the initial burden of production to make a prima facie showing that there are no triable issues of material fact—one sufficient to support the position of the party in question that no more is called for. (Aguilar v. Atlantic Richfield Co. (2001...

Excerpt: ...nspect, maintain, monitor, and keep free from hazards an area of landscape adjacent to the sidewalk which had landscaping bender board protruding from the ground and encroaching onto the sidewalk in the area nearest the Property's driveway. (Ibid.) The protruding bender board was a hidden and dangerous obstacle to Plaintiff and proximately caused Plaintiff to trip, fall, and sustain injuries to her health, strength, and activity. (Complaint, 6, 1...

Excerpt: ...TMS. The court finds that MCI has moved promptly to bring this proposed amendment and that granting it will not prejudice any other party. The court grants the motion, except to the extent that purports to add Taylor Morrison of California, LLC ("TMC") as a cross-defendant. This motion was alluded to in the briefing on TMC and TMS's motion for determination of good-faith settlement, which was heard by the court on November 28, 2023. It was the co...

Excerpt: ...2 through 823, public entity liability based on the torts of government employees and/or government contractors under Government Code sections 815.2 and 815.4 and Vehicle Code section 17001. On July 15, 2021, Defendant filed an answer. On December 19, 2022, the Court granted Defendant's motion to compel responses to form interrogatories (set two) and ordered Plaintiff to serve code- compliant discovery responses within 30 days. On January 19, 202...

Excerpt: ...th District Court of Appeal ("Court of Appeal") and Plaintiff later cross-appealed. While the appeal was pending, the parties negotiated a settlement. Before the Court is Plaintiff's motion for final approval of settlement and motion for attorney's fees, costs and incentve award, both of which are unopposed. For the reasons discussed below, the Court GRANTS the motions. l. BACKGROUND In 2015, Plaintiff filed the lead case (the "2016 Acton"). In 2...

Excerpt: ...plaint alleging a single cause of action under the Private Attorneys General Act of 2004. (Complaint, 2 & 21 On April 20, 2021, defendants Food Management Partners, Inc., Buffets, LLC, and FMP-Ovation Payroll, LLC (collectively "Defendants") notified this court that they filed a petition for chapter 11 bankruptcy. On October 11, 2022, Spencer Skeen ("Skeen"), Tim Johnson, and Jesse Ferrantella, attorneys with the law firm of Ogletree, Deakins, Na...

Excerpt: ...wing causes of action: (1) Failure to Pay Minimum Wages (Labor Code SS 1194, 1197, 1197.1, 1198, 1199); (2) Failure to Reimburse Work Related Expenses (Labor Code S 2802); (3) Failure to Provide Timely Rest Periods and/or Pay Rest Period Premiums (Labor Code S 226.7 and S 12 of IWC Wage Order No. 5); (4) Failure to Provide Timely Meal Periods and/or Pay Meal Period Premiums (Labor Code SS 226.7, 512, and S 11 of IWC Wage Order No. 5); (5) Failure...

Excerpt: ... cyber-related insurance risks. (Amended Complaint ("AC"), 2.) Defendant/crosscomplainant is a software company that provides software for secure electronic file sharing and services to customers. (ld., '1 5.) Defendant/cross- complainant developed and sold licenses for software called File Transfer Appliance ("FTA"), which it marketed as a secure method of transferring files. (ld., 7.) Insured A was Plaintiff's insured and one of Defendant's FTA...

Excerpt: ...Decedent's children. (PLD-PI- 001, MC-025.) The Complaint alleges that on November 12, 2020, Defendant hired Decedent to cut down and remove trees from his private property located at 18702 Bear Creek Road, Los Gatos, California, 95033 ("Subject Property"), knowing that Decedent did not have a contractor license. Defendant allegedly negligently created a dangerous condition on the Subject Property and failed to warn or guard the Decedent against ...

Excerpt: ...ctober 3, 2023, after the court overruled in part and sustained in part a demurrer to the first amended complaint. The present demurrer concerns Encore's cross-complaint, filed on June 9, 2023, which states causes of acton against Hacker for: (1) Breach of Fiduciary Duty; (2) Conversion; (3) Common Counts; and (4) Imposition of Constructive Trust. The cross-complaint alleges that Hacker was the Chief Executive Officer of Encore from 2010 to 2016 ...

Excerpt: ...t deed recorded on July 12, 2016 ("Julio Vesting Deed"). (Complaint, 98.) The purchase price for the Julio Property was $850,000 financed in part by a loan from Bank of America in the amount of $680,000 evidenced by a note executed by plaintiff Kalawade and defendant Chauhan as borrowers ("80FA Mortgage") and secured by a deed of trust executed by plaintiff Kalawade and defendant Chauhan as trustors and recorded against the Julio Property on July...

Excerpt: ...ter of Agreement ("LOA") that was allegedly entered into on April 21, 2020. (See Complaint at "1 5-8.) The complaint states three causes of action: (1) Breach of Contract (alleging a failure to pay for materials and finished goods in breach of the LOA); (2) Breach of the Implied Covenant of Good Faith and Fair Dealing (again alleging a failure to pay for materials ordered under the LOA); and (3) Promissory Estoppel (alleging reasonable reliance o...

Excerpt: ...ly injury and harm to Plaintiff (Complaint, "12 — 13.) The walkway was situated within improved public property owned, occupied, and controlled by defendants County of Santa Clara ("County"), City of San Jose ("City"), State of California ("State"), and California Department of Transportation ("Caltrans"). (Complaint, 912.) Defendants carelessly and negligently installed, used, controlled, maintained, and/or inspected the subject area so as to ...

Excerpt: ...of Court 3.1308, the Court issues its tentatve ruling as follows. l. Background This is an action arising out of the alleged improper suspension of a kindergarten student at Ruskin Elementary School ("Ruskin"), which is in the District. On June 6, 2019, a teacher allegedly saw Aygulina pinning another girl ("K") against the wall and trying to kiss and fondle her. (FAC, 17.) Aygulina was suspended for one day, which was the last day of school and ...

Excerpt: ...d a financial relationship with Plaintiff on July 20, 2018. (FAC, 14.) Oracle knew its representation about Plaintiff's compensation was false. (ld. at '1 17.) Plaintiff relied on Oracle's representation when it began sharing its know-how and expertise with Oracle. (ld. at '1 15.) By September 2019, Oracle had changed its arrangement with Plaintiff and declared that a referral fee financial scheme was no longer available to Plaintiff. (ld. at '1 ...

Excerpt: ...vidence or appears reasonably calculated to lead to the discovery of admissible evidence." (Code Civ. Pro. S 2017.010.) Everything that is relevant to the subject matter is presumed to be discoverable. (ld.) The Discovery Act further declares that "the court shall limit the scope of discovery" if it determines that the burden, expense, or intrusiveness of that discovery "clearly outweighs the likelihood that the information sought will lead to th...

Excerpt: ...ts filed and unlawful detainer action to remove Plaintiff from the Property, and Plaintiff filed the instant lawsuit asserting (1) Breach of Implied Warranty of Habitability, (2) Breach of the Covenant of Quiet Enjoyment, (3) Nuisance, (4) Negligence, (5) Violation of San Jose Municipal code Section 17.23.1250(A), (6) Violation of San Jose Municipal Code Section 17.23.010, et. seq., (7) Violation of San Jose Municipal Code Secton 17.20.900, et. s...

Excerpt: ...ontrol of his assets and companies." (July 20, 2022 Order at p. 1:19-22.) At the most recent hearing, on June 20, 2023, the court heard three motions from the parties. Now before the court are five more motions: (1) Defendants' motion to file under seal documents related to Adult Protective Services ("APS") records; (2) the State Bar of California's motion for a protective order (and request for sanctions); (3) Defendants' motion to compel Lee to...

Excerpt: ...be brought to trial within five years after the action is commenced against the defendant." Dismissal of cases not brought to trial within this timeframe is mandatory. Code of Civil Procedure section 583.360, titled "Dismissal", states: (a) An action shall be dismissed by the court on its own motion or on motion of the defendant, after notce to the parties, if the action is not brought to trial within the time prescribed in this article. (b) The ...

Excerpt: ...ther. Currently before the court is a motion for "summary interlocutory judgment," filed by Diana on November 1, 2023. II. ACTIONS FOR PARTITION "A co-owner of real or personal property may bring an action for partition." (Code Civ. Proc., S 872.210.) As a general matter, "partition" is "the procedure for segregating and terminating common interests in the same parcel of property." (14859 Moorpark Homeowner's Assn. v. VRT Corp. (1998) 63 Cal.App....

Excerpt: ...anty with AMH. During the warranty period, the Vehicle's Honda Sensing system suffered from defects. (Complaint, "1 15-19.) According to material AMH provided to dealers, certain environmental and roadway conditions, such as bad weather, can affect the operation of Honda Sensing. (Complaint, '1 20.) Honda's owner's guide failed to disclose this information to Plaintiff. (Complaint, 21.) AMH, according to Plaintiff, knew that Honda Sensing had fau...

Excerpt: ...nchoscopy. (FAC, '1 2.) While Dr. Nathan was under anesthesia, the anesthesiologist left him for crucial minutes, during which he suffered a stroke. Failing to detect the stroke, Stanford staff wrongly concluded that Dr. Nathan had suffered a heart attack and did not conduct a physical or neurological examination until 48 hours after the procedure. Dr. Nathan was released on March 16, 2022, and has since been recovering in Santa Barbara. (FAC, '1...

Excerpt: ...tersection of Tully Road in San Jose. (Complaint, '1 6.) Plaintiff Carmen Sandoval Duffy suffered serious injuries when she tripped and fell due to a change in elevation of the pavement that was not properly marked. (ld., 13-14.) Plaintiff filed a government entity claim with each defendant. (Complaint, '1 12.) On September 27, 2023, Plaintiff filed a complaint against defendants City, County, and State, asserting causes of action for: (1) Neglig...

Excerpt: ...counties do not provide and that Midpen is subject to California's laws pertaining to government contracts. Plaintiff filed this action on November 23, 2022, seeking a declaratory judgment, injunctive relief, and damages against Midpen for Midpen's alleged failure to follow the Ralph M. Brown Act (Govt. Code 554950, et. seq.) ("Brown Act") when it awarded a contract for stables concessionaire at Bear Creek Stables to Chaparral Country Corporation...

Excerpt: ...bedded finance platform enabling any organization to launch financial application products in a safe, compliant, and efficient manner. (FAXC, '1 7.) Taekus is a fintech startup payment card company that provides banking services and reward cards to consumers and businesses. (FAXC, '17.) Each time a consumer "swiped" their Taekus debit card to make a purchase, a series of complex transactions would take place that had the effect of debiting the co...

Excerpt: ...f obtained a mortgage loan on property located at 191 Curry Avenue in Morgan Hill (the "Property") from LoanCity.com in the amount of $569,700M, memorialized by a Deed of Trust. (FAC, '1 11.) The maturity due date is February 1, 2034. (Ibid.) The Trustee was First American Title. (Ibid.) Mortgage Electronic Registration System, Inc. ("MERS") was delineated as Beneficiary solely as nominee for the Lender. (Ibid.) On April 5, 2022, an assignment of...

Excerpt: ...r the purchase of a 153-acre parcel of real property located at 23760 Alamitos Road in San Jose ("Property") from Twin Creek Properties LLC (" CP"). (Second Amended Complaint ("SAC"), SITI — 2 and Exh. A.) The Purchase Agreement unambiguously identifies the Marosis in their individual capacities. (SAC, 93.) The Purchase Agreement was faxed to Fidelity National Title Company of California ("Fidelity Title") on or about May 17, 2013. (SAC, 94.) F...

Excerpt: ...ver the age of forty years old, sues under Assembly Bill 218 (codified as Code of Civ. Proc. 5340.1) In his first amended complaint ("FAC") Plaintiff alleges (1) negligence, (2) negligence supervision, (3) negligent hiring/retenäon, (4) negligent failure to warn, train of educate, (5) sexual harassment (Civil Code S 51.9), and (6) sexual harassment. II. Legal Standard A defendant may move for judgment on the pleadings when the "complaint does no...

Excerpt: ... Shaw, SUSTAINS it IN PART and OVERRULES it IN PART. The motion to strike is MOOT as to CSU and GRANTED as to Mr. Shaw. I. BACKGROUND A. Factual According to the allegations in the SAC, for over fourteen years, Mr. Shaw, who was San Jose State university's ("SJSU") head athletic trainer, sexually abused countless female student athletes during allegedly sports-related massages by inappropriately and without consent touching them in their private ...

Excerpt: ...23, finding that Northrup failed to provide wage statements that complied with Labor Code Secton 226 ("Section 225") by (1) using two-separate wage-related documents to provide all legally-required information instead of one, (2) not listing the correct employer name and (3) not permitting a reasonable employee to use simple math to calculate total hours worked when overtme hours were listed on the pay statement. The Court awarded in classwide da...

Excerpt: ...rties reached a settlement whereby FCA would pay Pewsey $38,000 and allow Pewsey to retain possession of his 2014 Dodge Ram 5500 truck. Pewsey now seeks attorney's fees in the amount of $102,220.50 plus $9,980.90 in costs. The court GRANTS the motion in large part and DENIES it in small part. There is no dispute that Pewsey is entitled to attorney's fees under the Song-Beverly Act; the only dispute between the parties is cwer the amount of those ...

Excerpt: ... services. (See FAC, 7.) Plaintiff provided legal services and advanced costs and expenses for District and invoiced District for those services, costs and expenses. (See FAC, 8.) District has failed to pay the remaining balance of Plaintiff's legal invoices, totaling $336,016.42 in unpaid legal fees and costs, as well as the contractually agreed service charge and interest. (See FAC, 9.) On May 1, 2019, Plaintiff served District with a claim for...

Excerpt: ... Abbott. As discussed below, Plaintiffs' motion is GRANTED IN PART and DENIED IN PART. l. BACKGROUND According to the allegations of the operative First Amended Complaint ("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 its PediaSure brand. (ld. at '13.) By placing statements such as "Complete, Balance...

Excerpt: ...BDII codes," vehicle symptom codes," "vehicle component repair codes," "customer complaint codes," and "labor operation codes" for the 2017 GMC Sierra 1500. Martin points out that "Plaintiff's counsel has several hundred cases pending against Defendant and Defendant's counsel, and has litigated hundreds of others" involving these issues. (Memorandum of Points and Authorities at p. 3:2-3.) This court has quite a few of those cases. In two of them,...

Excerpt: ...lephone Line Tax fees due to the City of San Jose (the "City") to fund its 911 emergency response telephone system. Before the Court is Plaintiff's motion to vacate the Court's December 2, 2021 order dismissing this case without prejudice for failure to appear at a hearing on an Order to Show Cause, which is opposed by Defendants. As discussed below, the Court DENIES the motion. l. BACKGROUND Plaintiff initiated this acton with the filing of the ...

Excerpt: ...fendants: the Tashjian Defendants3 and the demurring OCTC Defendants4 . During the relevant period, the Tashjian Defendants operated as a developer of highend real estate, primarily in Santa Clara County. ( AXC, '1 13.) Tashjian financed his real estate purchases and renovations through a combination of conventional mortgages through financial institutions and short-term bridge loans through private lenders, with the loans typically secured by de...