Excerpt: ...usiness, and mailing copies to defendant at her residence and business addresses. Proof of service is pursuant to declaration of the process server, Stefan Fahrner, including declaration of diligence stating actions taken first to attempt personal service, and declaration of proof of mailing of process server, Michael Mezzetti. Defendant did not file and serve an answer or other responsive pleading to the complaint. On January 30, 2020, the clerk...

Excerpt: ...he allegations of the Complaint, on July 5, 2019, Plaintiff contacted the Intero Defendants about the Property, which was listed on MLS and advertised by defendants Patrick and Carol Davis as sellers and the Intero Defendants as listing agent and brokers for the sellers. (Complaint, ¶ 13.) The Property was advertised as a singlefamily home with a detached garage and an accessory dwelling unit (“ADU”) comprised of a detached 1 bedroom, 1 bath...

Excerpt: ...tative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 29 March 2021. Please specify the issue to be contested when calling the Court and Counsel. Judge Monahan disclosed that his sibling works as an employee assembling vehicles for Plaintiff Tesla, Inc. ORDER ON (1) DEFENDANTS RIVIAN AUTOMOTIVE, INC. AND RIVIAN AUTOMOTIVE, LLC'S DEMURRER TO SECOND AMENDED COMPLAINT; (2) DEFENDANTS SAVAYIA BERO, TAMI...

Excerpt: ...”) signed a promissory note in which they agreed to pay principal and interest of 10 percent per annum in monthly installments of $5000 on the 21st day of each month beginning on May 21, 2016. (See complaint, third cause of action, ¶¶ BC‐1‐2. Exh. C.) Defendants failed to pay McManis Faulkner's billing statements for legal services and costs and expenses advanced pursuant to the agreement and failed to pay the principal and interest on th...

Excerpt: ...ntiff served objections to the special interrogatories on November 16, 2020 and have since refused to answer any of the interrogatories. In its moving papers, Defendant argues that the discovery requests were made pursuant to CCP 2030 et seq. and 2031 et seq. as opposed to California Corporations Code Section 1601. Defendant contends that the scope and obligations of discovery are controlled by these sections and under the appropriate standards s...

Excerpt: ...e suggestion of Bui, Pham authorized a friend, Francis Khoa Do (“Do”) to act as his attorney‐ in‐fact to sign the loan papers. (See FAXC, ¶ 16.) In late December 2005, Bui informed Pham that the loan went through and closing was expected to complete in early January 2006. (See FAXC, ¶ 17.) After the purchase of the subject property, Pham made every month's mortgage payment and would pay the amount due on each bill, although he did not u...

Excerpt: ... in an order filed on November 23, 2020. 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. Plaintiff's motion is unopposed. As discussed below, the Court GRANTS final approval. I. LEGAL STANDARDS FOR SETTLEMENT APP...

Excerpt: ...rchloroethylene (“PCE”) in excess of the legal environmental screening level, as well as its degradation products, including trichloroethylene (“TCE”). (See FAC, ¶¶ 4, 39.) PCE is a solvent used in the dry cleaning industry and in other industries for applications including metal cleaning and finishing and the formulation of elastomeric materials and is a hazardous substance as defined by Health and Safety Code section 25316 and the Com...

Excerpt: ...and moves to strike the class, representative, and punitive damages allegations. As discussed below, the Court SUSTAINS the demurrer in part and OVERRULES it in part; it also GRANTS IN PART the motion to strike, which is otherwise MOOT. I. BACKGROUND Apple hired Ms. Schulze as a Technical Engineer in 2008. (FAC, ¶ 11.) Her Senior Manager was a Hindu Indian man and her Direct Manager was a Muslim Pakistani man (collectively, “Managers”). (Id....

Excerpt: ... Hoffman (“Hoffman”) and Professional Association Services, Inc.'s (“PAS”) demurrer to the SACC and motion to strike portions contained therein; (3) cross‐defendants Richard P. Riley (“Riley”) and Riley Pasek Canty LLP's (“RPC”) demurrer to the SACC and motion to strike portions contained therein; and (4) cross‐ defendants Posard Broek + Associates (“Posard”), Adam Posard, Onne Broek, John Drake and Lynn Htut's (collective...

Excerpt: ...ciation (“Plaintiff” or “Association”) for purposes of having it provide management, maintenance, repair, preservation and architectural control of the project. (See complaint, ¶ 11.) Defendant drafted the governing documents for the Association, including the declaration of covenants, conditions and restrictions for Meridian at Willow Glen (“CC&Rs”), which was recorded on December 14, 2012 as document number 22003121 with the offici...

Excerpt: ...p, Inc. (“Plaintiffs”). Both the FAC and the original complaint state a single cause of fraud, alleging that Defendant fraudulently concealed its intent to use cobalt in a silicon wafer coating process to induce HTE Labs, Inc. and/or the current Plaintiffs into signing a Research and Development Support Services Agreement (“RDSSA”). (See Complaint at ¶¶19‐23; FAC at ¶¶19‐23.) There are no exhibits attached to either the original c...

Excerpt: ...le‐family residence and separate garage in Los Gatos (the “Residence”) and the alleged defective work performed. According to the allegations of the Complaint, on February 18, 2004 Shann,1 in his capacity as trustee of his own revocable trust, acquired title to the property on which the Residence was to be constructed, which included taking ownership of approved plans and other construction documents, as well as assumption of the existing c...

Excerpt: ...ion setting forth a single cause of action for breach of contract. According to the Amended Class Action Complaint (“FAC”), filed on January 25, 2021, plaintiff Jesse Scott (“Plaintiff”) brings this action on behalf of individuals that purchased Stadium Builders Licenses (“SBLs”) from defendant Santa Clara Stadium Authority (“Defendant”) to have the right to purchase annual season tickets to attend home games of the National Footb...

Excerpt: ...rty opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 22 March 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐ooOooo‐‐‐ Orders on Demurrers by Defendant President and Board Of Trustees of Santa Clara College, Santa Clara University,5 to First and Seventh Causes of Action of Amended Complaint for Damages. I. Statement of Facts. On...

Excerpt: ...as follows: I. INTRODUCTION This putative class action arises out of various alleged Labor Code violations, brought by plantiff Michael Oliver against defendant Konica Minolta Business Solutions USA (“Defendant”). The original complaint, filed in April 2014, set forth three causes of action: (1) failure to pay overtime wages and failure to provide accurate wage statements; (2) failure to reimburse for work related expenses; and (3) violation ...

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 22 March 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Orders on: 1. Cross‐Defendant's Demurrer to Cross‐ Complaint; and 2. Cross‐Defendant's Motion to Strike Prayer for Punitive Damages in Cross‐Complaint. I. Statement of Facts. This complaint was filed on ...

Excerpt: ...or (1) restitution; (2) restitution; (3) breach of contract; (4) fraud; (5) negligence per se; (6) negligence per se; (7) civil conspiracy; (8) negligence per se; (9) negligence; and (10) civil conspiracy against Defendants Kozlova, Dr. Toren, Chris Grzeszczak, Toren Psychological Services, Inc., and Sofia University. The eighth, ninth and tenth causes of action as alleged against Sofia University were dismissed by Plaintiff (without prejudice) o...

Excerpt: ...w issues its tentative ruling as follows: I. INTRODUCTION This is a class and representative action alleging wage and hour violations. The parties have reached a settlement. The Fourth Amended Complaint, filed pursuant to stipulation on the same day as the current motion, sets forth the following causes of action: (1) Failure to Pay Overtime Wages; (2) Failure to Pay Minimum Wages; (3) Failure to Provide Meal Breaks; (4) Failure to Provide Rest B...

Excerpt: ...vember 22, 2017. The now operative Second Amended Complaint (“SAC”) filed September 25, 2020 states claims for (1) Breach of written contract (against Nano only); (2) fraud in the inducement (against all Defendants), and; (3) Conversion (against all Defendants). The SAC alleges (at ¶¶12‐18) that on March 23, 2015 Tongtai and Nano entered into a “written commercial business agency agreement,” whereby Nano was granted the right to buy T...

Excerpt: ...was lifted. On November 12, 2020, Plaintiff filed the FAC, asserting a single cause of action for violation of Labor Code section 2698, et seq., the Labor Code Private Attorneys General Act of 2004 (“PAGA”). As Plaintiff acknowledges, under the PAGA, “an ‘aggrieved employee' may bring a civil action personally and on behalf of other current or former employees to recover civil penalties for Labor Code violations. (Arias v. Super. Ct. (Dai...

Excerpt: ...the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 17 March 2021. Please specify the issue to be contested when calling the Court and Counsel. The Special Motion to Strike the First Amended Complaint and to Declare Plaintiff a Vexatious Litigant by Defendant Tracey Fuller I. Statement of Facts. A. The First Amended Complaint. This case arises out of false and defamatory statements by defen...

Excerpt: ...rassment, denial of employment benefits and other adverse actions that traumatized and disabled Plaintiff from working due to major depression and anxiety disorder. (See complaint, ¶ 7.) In February 2006, upon his placement on medical leave, Plaintiff filed a workers' compensation claim with the risk management of City's Human Resources department (“HR”). (See complaint, ¶ 8.) In May 2006, the independent Qualified Medical Evaluator (“QME...

Excerpt: ...CLA's Institute for Technology Advancement (“ITA”) and suggested that Plaintiff present to ITA. (Id.) On October 7, 2009, Plaintiff provided Konda Tech's business presentation to Markovic and ITA in confidence. (Id.) On October 12, 2009, just prior to presenting to ITA, Markovic, for the first time, indicated that Plaintiff should not expect ITA to fund Konda Tech because ITA does not fund technologies built outside UCLA. (Id.) ITA rejected f...

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 17 March 2021. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON DEFENDANT KIA MOTORS AMERICA, INC.'S MOTION TO STRIKE PLAINTIFFS' FIRST AMENDED COMPLAINT I. Statement of Facts. On or about 25 November 2011, plaintiffs Kris Orpilla and Nishi Moonka (collectively, “Plaintiffs�...