Excerpt: ...rst 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 24 May 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion for Summary Judgment or, Alternatively, Summary Adjudication, on First Cause of Action for Breach of Contract and Second Cause of Action for Quantum Meruit in Defendant...

Excerpt: ... opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 26 May 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Demurrer and Motion to Strike to the Complaint by Defendant General Motors, LLC. I. Statement of Facts. Plaintiff Donald Prange (“Plaintiff”) filed this complaint on 21 December 2020. 1 According to the complain...

Excerpt: ... Covid‐19 pandemic. Congress authorized PPP loans as part of the so‐called “CARES Act,” which authorized lenders to pay PPP loan agents a fee between a quarter and one percent of the loan depending on the amount borrowed. (Complaint, ¶ 1.) By April 6, 2020, Plaintiff had a cache of over $10,000,000 worth of PPP applications that needed to be processed by an authorized financial institution. (Complaint, ¶ 12.) On that day, Plaintiff comm...

Excerpt: ...ian Garzon and entirely dependent upon the first cause of action). Among other things the Complaint alleges (at ¶12) that on April 3, 2019 Plaintiff was injured while receiving “a neck massage from Defendant Edward Rangel, Certified Massage Practitioner.” It is clear from the face of the Complaint that Plaintiff was aware of both her alleged injury and its alleged negligent cause (professional negligence of health care providers) as soon as ...

Excerpt: ...e outstanding taxes due on the property totaling $36,821.27 as Plaintiff's attorney advised nonpayment of the taxes while an appeal of Santa Clara County's special assessment valuation was in process. (See FAC, ¶ 17.) On January 9, 2019, defendant Easy Financial LLC (“Easy”) gave Plaintiff an initial approval for up to $2,535,000 in financing the property, stipulating that the amount shall be no more than 65% of the existing value of the pro...

Excerpt: ... motions. As discussed below, the Court OVERRULES the demurrer and DENIES the motion to strike. I. BACKGROUND As alleged in the operative First Amended Complaint (“FAC”), Defendant is a Silicon Valley‐based company whose products combine traditional Robotic Process Automation (“RPA”) with cognitive elements such as natural language processing and reading unstructured data. (FAC, ¶ 7.) Although it markets itself as a start‐up company,...

Excerpt: ...e 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. The First Amended Complaint (“FAC”), filed on April 27, 2020, sets forth the following causes of action: (1) Failure to Provide Meal Periods; (2) Failure to Provide Rest Periods; (3) Failure to Pay Hourly Wages; (4) Failure to Indemnify; (5) Failure to Provide Accurate ...

Excerpt: ...norable Patricia M. Lucas on May 26, 2021 at 1:30 p.m. in Department 3. 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 Second Amended Complaint, filed on December 22, 2020, sets forth the following causes of action: (1) Failure to Provide Meal Periods; (2) Failure to Provide Rest Periods; (3) Failure to Pay Hourly Wages; (4) Failure...

Excerpt: ...ws: I. INTRODUCTION This is a putative class action arising out of alleged violations of the Fair Credit Reporting Act (“FCRA”), the California Investigative Consumer Reporting Agencies Act (“ICRAA”), and the California Consumer Credit Reporting Agencies Act (“CCRAA”). Plaintiff Luis Arroyo (“Plaintiff”) also alleges violations of the Labor Code and Business and Professions Code on an individual basis. 2 1 2 3 4 5 6 7 8 9 10 11 12...

Excerpt: ...h 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 24 May 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion of Defendants Kachian Industries, Inc. for an Award of Reasonable Attorney's Fees. I. Statement of Facts. This complaint was filed on 15 July 2019. 21 Plaintiffs ow...

Excerpt: ...e. 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 24 May 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐ooo0ooo‐‐‐ Demurrer to the First Amended Complaint by Defendant Fifth Third Bank, N.A. I. Statement of Facts. Plaintiffs Ryan Imwalle and Harmonee Imwalle (collectively, “Plaintiffs”) filed this complaint on 10...

Excerpt: ...t, in December 1972, various individuals conveyed the Property to John Langton, Jr. (“John”) and Sara, his wife, and their son, Phillip Sydney Langton (“Phillip”), a single man, all as joint tenants via an Individual Joint Tenancy.3 (Complaint, ¶ 12, Exhibit B.) In February 1990, Sara and John, as joint tenants, conveyed their interest in the Property to themselves as community property through an interspousal transfer deed. (Complaint, ...

Excerpt: ...enning Marahrens (“Henning”) to serve as a full‐time caregiver for their elderly mother, Irene Marahrens (“Irene”).6 According to the allegations of the Complaint, on December 24, 2019, Plaintiff signed an employment agreement with Regina or Henning to care for their mother in her home in Campbell. (Complaint, ¶ 9.) Although Regina had originally claimed that her mother could use the toilet on her own, this was not the case, and Plaint...

Excerpt: ... Patricia M. Lucas on May 25, 2021 at 9:00 a.m. in Department 2. The court now issues its tentative ruling as follows: According to the allegations of the complaint, in the spring of 2008, plaintiffs Lonny Oswalt, individually and as trustee of the Lonny Lee Oswalt Living Trust, and Patricia Oswalt (collectively, “Plaintiffs”) were in discussions to purchase a home and were told of an agreement that permitted the owners of the neighboring pro...

Excerpt: ...�CFRA”); (2) Age discrimination and retaliation in violation of the Fair Employment and Housing Act (“FEHA”); (3) Wrongful discharge in violation of public policy, and; (4) Failure to engage in the interactive process in violation of FEHA. Defendant demurred to all four causes of action in the FAC on the sole ground that each of them failed to state sufficient facts. (See August 26, 2020 Notice of Demurrer.) On December 3, 2020 the Court (H...

Excerpt: ...ection of conversations they had with Defendants and their agents on specified dates. Defendants seek orders of the Court compelling plaintiffs to further respond to the interrogatories listed below. Plaintiffs provided identical responses to each of the disputed interrogatories, so their single response is reproduced at the end of the list of interrogatories. SPECIAL INERROGATORIES. SET ONE. TO PRAICHEE JAIN. NOS. 47‐61; INTERROGATORIES AND RE...

Excerpt: ... of the properties the parties own together. The Clara Property has now been sold by the Court Appointed Referee. Remaining for determination (in this case) are claims for attorney's fees and ouster damages. Defendant brings this motion claiming that Plaintiff and her counsel engaged in deliberate efforts to interfere with and disrupt Defendant's ability to take Plaintiff's deposition. Among other things, Defendant contends that, encouraged by he...

Excerpt: ...the First Amended Complaint (“FAC”) of Plaintiff Sarah Vaughan (“Plaintiff”), she alleges that while receiving care at the facility of Defendant Covia Communities dba Webster House (“Covia”), she was sexually assaulted by Defendant Jeremias Frago Rodriguez (“Rodriguez”}, at that time employed as a certified nursing assistant. Defendant Linda Hibbs (“Hibbs”) was executive director, and Defendant Ana Gatchalian (“Gatchalian”...

Excerpt: ...tors on site, Silicon Valley Sheetmetal (“SVS”). The Complaint alleges in pertinent part (on the general negligence attachment) that on September 18, 2017 “[w]hile on said construction site, Plaintiff stepped on some overlay which was not secured to the deck under construction nor was it aligned with the deck's perimeter. The overlay lacked sufficient strength to support a person and when Plaintiff stepped on it, he fell to the ground from ...

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 24 May 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐ooo0ooo‐‐‐ Order on Motion of Plaintiff for Summary Judgment or, in the Alternative, Summary Adjudication. I. Statement of Facts. Operative Complaint On or about 1 October 1999, plaintiff Fourfront Sales, Inc. (“F...

Excerpt: ... any type, including handwritten, typewritten, printed, photocopied, photographs, Whether available on paper or stored electronically, which evidence payments of money by LORIE WILLIAMS or any entity in which she is a principal agent for, to attorney David Kraft, including but not limited to copies of all checks made payable to David Kraft between January 1, 2013 and December 3 1, 2018. The Motion is GRANTED. Other than for Attorney Client privil...

Excerpt: ...t Taylor Morrison of California, LLC (“TM”) for the purchase of Lot 104 at 73 Montecito Vista Drive, Unit No. 1 in San Jose (the “Property”) for $669,745, and deposited $20,093.25 into escrow. (TAC, ¶ 23.) Pursuant to section 8(a) of the contract, the closing date for the transaction was required to occur when a certificate of occupancy was issued, as San Jose Municipal Code § 24.02.61(A) prohibited usage or occupancy of the Property pr...

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 24 May 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion of Defendants Silicon Valley Real Estate Group II Inc. (DBA Keller Williams) and Edris Karzai to Strike Complaint. I. Statement of Facts. This complaint was filed on 10 December 2019.1 Plaintiffs a...

Excerpt: ...nacted through Proposition 218—which prohibits local public agencies from imposing property‐related fees that exceed the cost of service. They allege that the Retail Water Providers use retail water rates to subsidize water service to the government and for general government services like public fire hydrants, and some Retail Water Providers violate Proposition 218 by providing below‐cost “SAWR” rates for agriculture/irrigation. Before...

Excerpt: ...the statutory time limit. Defendant eventually retained counsel who promised to respond to discovery and asked for additional time. Plaintiff granted additional time to respond on several occasions. Eventually Plaintiff filed the instant motion to compel. Plaintiff's Motion is GRANTED. Defendant is ordered to provide code compliant responses and responsive documents, without objections to Request for Production of Documents Set 1, within 20 days ...