Excerpt: ...h assessment in connection with arranging a loan. (See 4AC, ¶ 19.) In February 2016, Plaintiffs entered into a loan agreement with CHL for the amount of $1,150,000, secured by a deed of trust on the subject property to be processed, serviced and managed by Kenoyer, and defendant K.C. Knapp (“Knapp”) of CHL. (See 4AC, ¶¶ 30‐38.) Unbeknownst to Plaintiffs, Knapp had his real estate broker's license revoked on January 9, 2016, prior to the ...

Excerpt: ...hat the majority shareholders in Omkar Rocklin are manipulating the books to unjustly enrich themselves at Plaintiffs' expense. Omkar Rocklin claims that Plaintiffs are simply disgruntled shareholders who are once again complaining regarding the management of the corporation. Plaintiff served discovery on Omkar Rocklin seeking information regarding the decisions being made by those in majority control. A long meet and confer process resolved the ...

Excerpt: ...x dislodged by another customer fell from the top of a shelf and struck her on the head and lower back. B. Procedural Plaintiff initiated this action on May 29, 2018, asserting claims for premises liability and negligence, and seeking to recover punitive damages. Plaintiff filed an amended complaint and after a subsequent motion to strike by Defendant was granted with leave to amend, filed the operative SAC. On September 1, 2020, Defendant filed ...

Excerpt: ...ate as a nonexempt, hourly engineer from January 2015 through May 18, 2020. (Complaint, ¶ 7.) He and other employees routinely earned non‐discretionary incentive wages that increased their regular rates of pay, but were incorrectly paid sick pay at their base rates. (Id., ¶ 27.) In addition, Plaintiff and other employees who received Shift OT and Shift Premium wages received wage statements that failed to identify the hours worked and hourly ...

Excerpt: ...t forth in that order. Before the Court is Plaintiff's motion for final approval of the settlement and for approval of her attorney fees, costs, and service award. Plaintiff's motion is unopposed. As discussed below, the Court GRANTS final approval. I. LEGAL STANDARDS FOR SETTLEMENT APPROVAL A. Class Action Generally, “questions whether a [class action] settlement was fair and reasonable, whether notice to the class was adequate, whether certif...

Excerpt: ...019, plaintiff filed notice of appeal, challenging the order granting the anti‐SLAPP motion (“anti‐SLAPP appeal”). On July 13, 2020, the Sixth District Court of Appeal granted defendants' motion to dismiss the appeal, and on July 25, 2020, denied plaintiff's petition for rehearing. On August 16, 2020, plaintiff filed a petition for review with the California Supreme Court. Defendants filed an answer to the petition, and plaintiff filed a ...

Excerpt: ...h Shawn Sahbari (“Sahbari”), a recognized leader in the area of semiconductor and electronic surface preparation and cleaning, to develop a better cleaning process for the iPhone's aluminum body. (See FAC, ¶¶ 13‐15.) On November 30, 2012, Gentile emailed Sahbari to execute Apple's non‐disclosure agreement (“NDA”), and requested that Sahbari create a chemical solution to clean certain aluminum samples for a December 5, 2012 meeting. ...

Excerpt: ... Family Dental Group. As the Court has previously noted, Plaintiff is self‐represented, sometimes referred to as proceeding in propria persona. “[W]hen a litigant is appearing in propria persona, he is entitled to the same, but no greater, consideration than other litigants and attorneys. Further, the in propria persona litigant is held to the same restrictive rules of procedure as an attorney.” (Burnete v. La Casa Dana Apartments (2007) 14...

Excerpt: ...t 408.808.6856 and the opposing party no later than 4:00 PM on 5 May 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Demurrer of Defendants James Li and Laura Li to Plaintiff's Complaint. I. Statement of Facts. On 24 February 2020, this Court entered a judgment of $512,312.26 in favor of plaintiffs Ampro Systems, Inc. (“Ampro”) and Consolitech Electronics, Inc. (“Consolit...

Excerpt: ...y party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 5 May 2021. Please specify the issue to be contested when calling the Court and Counsel. Order On Motion of Plaintiff to Deem Requests for Admissions to be Admitted. I. Statement of Facts. Plaintiff filed this complaint on 4 September 2020. 4 Plaintiff is a National Banking Association organized and existing under and by v...

Excerpt: ...ve for summary judgment, or in the alternative, summary adjudication, in their favor and against plaintiffs Gina M. Gray (“Gray”) and David A. Zamora (“Zamora”) (collectively, “Plaintiffs”). IV.Background C. Factual This is a wrongful foreclosure action. On August 2, 2005, plaintiffs Gina Gray and David Zamora (collectively, “Plaintiffs”) were granted, by grant deed, a fee simple interest in property located at 5850 Cannes Place i...

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 03 May 2021. Please specify the issue to be contested when calling the Court and Counsel. Demurrer to Cross Complaint by Plaintiff/Cross‐ Defendant WRI Southern Industrial Pool LLC. I. Statement of Facts. This complaint was filed on 16 November 2020. 1 A. The Complaint. On or about 18 October 2017, plaintiff...

Excerpt: .../clearing property of any/all liens.” (See 4AC, ¶ 10.) On October 23, 2009, Pham executed a grant deed, transferring his title to the subject property to Plaintiffs. (See 4AC, ¶ 13.) Subsequently, Plaintiffs discovered a lien existed, clouding title to the subject property, and notified Pham who re‐affirmed that such lien was non‐existent due to fraud and that he would clear that lien. (See 4AC, ¶ 14.) Unfortunately, Pham was unable to c...

Excerpt: ...ely flat and vacant dirt lot, owned by defendant EAH, Inc. dba EAH Housing (“EAH”). (See SAC, ¶¶ 2, 6, 13.) Defendant Shreya Shah (“Shah”) was the project manager employed by EAH for the construction of the Bella Salici apartment complex on the property. (See SAC, ¶ 6.) EAH and defendant City of Morgan Hill (“City”) shared joint control in the planning, building and construction of the project and hired defendants L & D Constructio...

Excerpt: ...dge Carol Overton. Although the parties agreed to a stipulated protective order at the IDC, based the reports of both sides, the IDC was a failure in all other respects. Per this Court's orders, the two discovery matters are now before the Court for decision. BACKGROUND This case arises out of a contract dispute between 10:07 and Fab Ex. 10:07 claims to be owed $233,407 under a written contract with Fab Ex. 10:07 filed suit against Fab Ex allegin...

Excerpt: ...: The term of this Lease shall begin, and the Lease Commencement Date shall be deemed to have occurred, on the earlier of (i) the date Tenant commences conduct of business operations from the Leased Premises or (ii) the date that is sixty (60) days after the lifting of the Order of the Health Officer of the County of Santa Clara, dated March 16, 2020, and Executive Order N‐33‐20 issued by the Executive Department, State of California, dated M...

Excerpt: ...ith interactive process; 4) Age Discrimination; 5) Retaliation in violation of FEHA, and; 6) Wrongful Constructive Termination in violation public policy. The Complaint alleges that Plaintiff began working for Defendant in 2008. In 2009 she became an Assistant Nurse Manager. Plaintiff alleges that after she developed thyroid cancer and fibromyalgia she notified Defendant in October 2017 and requested that Defendant reduce her work load from 40 ho...

Excerpt: ...the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 03 May 2021. Please specify the issue to be contested when calling the Court to and Counsel. Motion of Defendant Randall Seidl to Compel Cohesity, Inc. to Provide Further Responses to Written Discovery. I. Statement of Facts. A. The Complaint. Plaintiff Cohesity, Inc. (“Cohesity”) filed this complaint on 15 May 2019.9 In or around July...

Excerpt: ...l structure were normal. (Id., ¶ 16.) Several hours later, Kitty underwent sedation for x‐rays and further examination. (Id., ¶ 17.) The x‐ray report indicated that the cat had a femur fracture, an injury unknown to Plaintiff. (Id.) The physician did not discuss the injury, which now affected Kitty's gait, with Plaintiff and there was no treatment provided. (Id., ¶ 19.) Dr. Sung falsely stated in her medical report that the injury occurred...

Excerpt: ... represented defendants Lin and Wang. (See complaint, ¶ 4.) Lin and Wang through Perretta asserted that the case was barred by the statute of limitations. (See complaint, ¶ 5.) Plaintiff argued that the case was not barred by the statute of limitations because Lin and Wang lived in California for less than 2 years between January 30, 2003 and October 28, 2015, thereby tolling the statute of limitations. (See complaint, ¶ 6.) Lin and Wang prepa...

Excerpt: ...materials filed in connection with discovery motions previously heard by the Court, which Plaintiff opposes. As discussed below, the Court GRANTS this motion. Also at issue is Plaintiff's motion to compel FEV and Innogy SE to provide further discovery responses. FEV and Innogy SE oppose this motion, which the Court GRANTS for the reasons explained below. I. MOTION TO SEAL A. Legal Standard Generally, “[t]he court may order that a record be file...

Excerpt: ...EHA—failure to engage in interactive process (against Roku); 3) Violation of FEHA—failure to accommodate (against Roku); 4) Violation of FEHA—retaliation (against Roku); 5) Wrongful termination (against Roku); 6) Intentional infliction of emotional distress (against all defendants); and 7) Negligent infliction of emotional distress (against all defendants). Plaintiff moves for an order permitting plaintiff to proceed with its action using t...

Excerpt: ...otion. Background This Motion arises out of a highly contentious dispute over the management of real property located in the City of San Jose (the Property). The property was owned jointly by Cace's predecessor in interest Patricia Jerkovich and Kinslella's predecessor in interest Ignatius Azarello. Jerkovich sued Donna Kinsella, and her father Ignatius Azarello in San Diego County over disputes regarding the management of the property (the Compl...

Excerpt: ...his vehicle was towed without proper authorization and in violation of law. Rebellos denies that the tow was unauthorized or unlawful. Plaintiff served Rabello with discovery directed at obtaining whatever documents exist that authorized towing of his vehicle, documenting communications between Rebellos and Anton La Moraga LLC (La Moraga) and its associates regarding the authorization to tow Plaintiff's vehicle and any tow receipts signed at the ...

Excerpt: ... and sequencing discovery. As discussed below, the Court GRANTS Google's motion. I. BACKGROUND As alleged in the operative complaint, Plaintiff Olga Ortmann was hired by Defendants as an hourly, non‐ exempt employee who worked in California during July 2018. (FAC, ¶ 9.) She was not provided with 30‐ minute meal periods for each five hour work period due to Defendants' policy of not scheduling meal periods for each shift; their imposition of ...