Excerpt: ...at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative consumer class action brought pursuant to the California Fair Debt Buying Practices Act (“CFDBPA”). Plaintiff Bruno Fleming (“Plaintiff”) seeks statutory damages against defendant Oliphant Financial, LLC (“Defendant”) arising from its routine practice of sending initial written communications that provide the notice r...

Excerpt: ...Honorable Patricia M. Lucas on April 28, 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 Complaint, filed on July 31, 2019, sets forth the following causes of action: (1) Failure to Provide Required Meal Periods; (2) Failure to Provide Required Rest Periods; (3) Failure to Pay Overtime Wages; (4) Fa...

Excerpt: ...O COMPEL The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on April 28, 2021 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a representative action brought pursuant to the Private Attorneys General Act of 2004 (“PAGA”). According to the Complaint filed on June 1, 2020, plaintiff Joshua Robinson (“Plaintiff”) was employed by defendants Stryke...

Excerpt: ...ary 15, 2016 (“trust”). As the title of the petition suggests, defendant sought court order confirming the validity of the trust in response to intimations of her spouse, plaintiff David Rossi (“plaintiff”), that plaintiff considered the trust invalid and claimed ownership of properties held by the trust. The petition came for hearing on March 11, 2020, and the court entered order granting the petition and finding that all allegations in ...

Excerpt: ...osscomplainants”). On February 19, 2019, cross‐complainants filed a cross‐complaint against plaintiff alleging two causes of action, breach of contract and declaratory relief (“crosscomplaint”). On April 23, 2019, plaintiff filed a special motion to strike the cross‐complaint (“anti‐SLAPP motion”). On August 1, 2019, the anti‐SLAPP motion was granted as to the breach of contract cause of action and denied in part and granted i...

Excerpt: ...treet, 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 26 April 2021. Please specify the issue to be contested when calling the Court and Counsel. Order on Motion of Ford Motor Company to Compel Arbitration and Stay Proceedings. I. Statement of Facts. Plaintiffs filed this complaint apparently on or around 19 February 2020 in the Superior Court for the Count...

Excerpt: ... was attempting to restart his car, a CHP vehicle pulled up behind him. Plaintiff's car backfired and, apparently believing a gun had been fired, the two CHP officers on the scene (Officers Morasco and Bleisch, responding to a report by another CHP officer, a Sgt. Hill) fired multiple shots at Plaintiff, one of which grazed his skull. Plaintiff's original complaint was filed on January 27, 2018. After Defendants removed the action to federal cour...

Excerpt: ...against defendant and cross‐complainant Lisa Large (“cross‐complainant”) and settling defendants. The complaint alleges that defendant and settling defendants failed to disclose a prior lawsuit of defendant pertaining to the real property purchased by plaintiffs from defendant (“complaint”). It is alleged that the failure to disclose this known, material fact and its consequences to plaintiffs, resulted in damages to plaintiffs. Settl...

Excerpt: ...eet, 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 21 April 2021. Please specify the issue to be contested when calling the Court and Counsel. Order on Defendant's Renewed Demurrer And Motion To Strike The Plaintiff's First Amended Complaint. I. Statement of Facts. On or about 1 July 2015, plaintiff Law Offices of Maynard & Hogan, A Professional Corporatio...

Excerpt: ...C. Factual This action arises out of the foreclosure of real property located in Milpitas (the “Property”) that was used to secure a loan to build a condominium complex on the Property. Plaintiffs maintain that the Defendants devised a predatory lending scheme to defraud them. According to the allegations of the Complaint, Eighty‐Eight owns the Property and on November 6, 2018, defendant GreenLake Real Estate Fund LLC (“GreenLake Real Est...

Excerpt: ...USI's Vice President and one of Plaintiff's supervisors, began a campaign of daily harassment toward Plaintiff and made harassing comments about him to other employees, which continued until Plaintiff was terminated. (Id., ¶ 8.) Huynh commented that Plaintiff was getting too old to work for USI and called him “chief” or “Indian,” which were demeaning to Plaintiff, a man of American Indian decent/ancestry. (Id.) USI's President, John Bodo...

Excerpt: ...filed a Third Amended Cross‐Complaint (“TAXC”), alleging that SinCo's founder and others permitted and even required XingKe to operate as “SinCo Electronics (Dongguan) Co., Ltd.” for years before changing course and sabotaging XingKe after it was sold in 2016. Before the Court are SinCo's demurrer to and motion to strike portions of the TAXC, which Cross‐Complainants oppose. As discussed below, the Court OVERRULES the demurer and DENI...

Excerpt: ...int against Defendants Warren Painting and Drywall, LLC and DM&G Construction/Remodeling, LLC, alleging that Warren hired DM&G to perform work on its subcontract with Allied without permission, and Allied did not learn that Warren had failed to obtain a California contractor's license and to properly compensate workers until receiving Plaintiffs' claim. Before the Court is Warren's motion to dismiss the Cross‐ Complaint, which Allied opposes. A...

Excerpt: ...NTRODUCTION This is a putative class and representative action brought by plaintiff Samuel Abrego (“Abrego”) against defendant Stericycle, Inc. (“Stericycle” or “Defendant”) arising out of alleged wage and hour violations. The First Amended Class Action Complaint (“FAC”), filed on July 22, 2020, sets forth the following causes of action: (1) Failure to Pay Minimum Wages; (2) Failure to Pay Overtime; (3) Failure to Provide Meal Per...

Excerpt: ... as follows: I. INTRODUCTION This is a putative class action arising out of various alleged wage and hour violations. The Second Amended Class and Representative Action Complaint sets forth the following causes of action: (1) Knowing and Intentional Failure to Issue Accurate Wage Statements; (2) Injunctive Relief; (3) Failure to Pay for All Hours Worked; (4) Failure to Authorize and Permit Off‐Duty Paid Rest Breaks and Pay Premium Pay; (5) Fail...

Excerpt: ...rings was served on Plaintiff March 2, 2021. Plaintiff's Responses to Defendant's motions were due April 7, 2021. Plaintiff did not file a timely opposition. On April 8, 2021 Defendant filed notice of Plaintiff's non opposition to all of the pending motions. That same day, Plaintiff filed a single opposition paper that the Court interprets as being made in opposition to all of Defendant's motions. Having considered all of the papers in support an...

Excerpt: ...d opposing parties Corinna Reyes and Golden State Care Collective, (Reyes) filed a single memorandum of Points and Authorities in opposition to both motions. The Court will follow Plaintiffs' example and combine its ruling into a single document with separate findings and orders for the two motions. BACKGROUND These motions arise out of a landlord tenant dispute. Kruger was Reye's landlord and Rothbard was Kruger's attorney. Kruger sought to evic...

Excerpt: ... party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 19 April 2021. Please specify the issue to be contested when calling the Court and Counsel. Orders on (1) Plaintiff Sherry Chuang's Motion To Strike Defective Portions Of Verified Answer And Deem Admitted The Authenticity Of The Written Pomona Agreement; (2) Plaintiff Sherry Chuang's Demurrer To Improper Affirmative Defense...

Excerpt: ...posing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 19 April 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion of Plaintiff to Quash or For Protective Order Relating to Expert Witnesses. I. Statement of Facts. Plaintiff filed this complaint on 7 December 2018. 11 This lawsuit is a claim by plaintiff for injuri...

Excerpt: ...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 19 April 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion of Theodore David Baker for Stay of Action. I. Statement of Facts. This complaint was filed on 5 October 2020.17 The upshot of the lawsuit is that plaintiffs ...

Excerpt: ...ed claims for: 1) “Breach of Contract and Accounting,” 2) “Tortious Breach of Contract and Accounting,” 3) Breach of Fiduciary Duties, 4) Aiding and Abetting Breach of Fiduciary Duties, 5) Conspiracy to Breach Fiduciary Duties 6) Fraudulent Concealment; 7) Constructive Fraud; 8) “Tortious Inducement to Breach of Contract” 9) “Tortious Interference with Contractual Relations” 10) “Tortious Interference with Prospective Economic R...

Excerpt: ...rning the property. (See TAC, ¶ 17.) In October 2013, First American Title Company issued a purported title commitment letter, but it was subject to the condition that Seller clear title, and upon subsequent approval of the title company's underwriting department. (See TAC, ¶ 18.) Krucker is still not able to provide a grant deed conveying insurable clear fee title of the property to Plaintiff. (See TAC, ¶ 18.) Title questions arose as to whet...

Excerpt: ...rtinez and Katie Nielsen, as well as Defendant San Jose‐New Horizons Homeowners Association (“Association”) the homeowners association for the condominium complex in which the individual parties lived during the relevant period. On June 20, 2019 Darrel Martinez, Sylvia Martinez, Matthew Martinez and Katie Nielsen (hereafter referred to “Cross‐Complainants”) filed a Cross‐Complaint against Plaintiffs and the Association, stating clai...

Excerpt: ...loyed by Samaritan since at least June of 2014. (First Amended Class Action Complaint (“FAC”), ¶ 7.) She alleges that, during pay periods when she received overtime wages, her wage statements failed to identify the accurate rates of overtime pay and the accurate total hours worked as required by the Labor Code. (Ibid.) Based on these allegations, Ms. Richert brings a class claim under Labor Code section 226 (“Section 226”) and a represen...

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 14 April 2021. Please specify the issue to be contested when calling the Court and Counsel. Order on Defendant Chrisp Company's Motion for Summary Judgment. I. Statement of Facts. Defendant, The Irvine Company, LLC (“Irvine Co.”), is the owner of real property located at 3485‐ 3585 Monroe Street in Santa Clara ca...