Excerpt: ... Background A. Factual This is an action for encroachment and trespass between neighboring property owners. According to the allegations of the operative Second Amended Complaint (“SAC”), without Plaintiffs' consent, Defendants maintained a retaining wall on Plaintiffs' property (the “Property”) and refused to remove it when Plaintiffs demanded they do so. (SAC, ¶¶ 2‐3.) Defendants maintain that they were given consent to enter the Pr...

Excerpt: ...on (“Plaintiff”) against Defendant New York Style Company (“Defendant”), Plaintiff's former employer. Plaintiff's original complaint was filed on July 17, 2020. The operative First Amended Complaint (“FAC”) was filed on October 15, 2020. The FAC alleges (at ¶16) that Plaintiff was terminated on April 27, 2020. The FAC further alleges (at ¶20) that Plaintiff filed a complaint with the DFEH on August 25, 2020, after the original compl...

Excerpt: ...C's demurrer. I. BACKGROUND According to the FAC, defendants Marriott International, Inc. and SJMEC, Inc. own and operate a chain of hotels under various brands nationwide and throughout California, including approximately 52 Marriott hotel locations in California. (FAC, ¶ 21.) Defendants maintain their corporate headquarters in Bethesda, Maryland, with a centralized Human Resources department responsible for recruiting and hiring employees, as ...

Excerpt: ...Trung and Nam promised that they would use their proficiency in real estate transactions and accumulated wealth to find profitable investment properties for Plaintiff, they would act as Plaintiff's agent in the sale and purchase transactions, and they would form defendant Evergreen Equity Partners, LLC (“Evergreen”) for Plaintiff's benefit. (See 4AC, ¶¶ 37, 50‐58.) Trung encouraged Plaintiff to take a mortgage out on his residence and ren...

Excerpt: ...t. It also moves to continue the discovery stay “unless and until Plaintiff … can state a viable cause of action.” As discussed below, the Court OVERRULES Hospital's demurrer and DENIES its motion to continue the discovery stay, but largely GRANTS its motion to strike with leave to amend. I. BACKGROUND Regional Medical Center is a major hospital with an emergency room in San Jose. (First Amended Complaint (“FAC”), ¶ 5.) Plaintiff Taylo...

Excerpt: ... the allegations of the First Amended Complaint (“FAC”), filed on May 30, 2019, defendant Varsity Tutors LLC (“Defendant”) sells and provides private tutoring services. (FAC, ¶ 1.) At least 40,000 tutors work for Defendant nationwide. (Id. at ¶ 10.) Plaintiff Henry Mulak was employed by Defendant as a tutor for five years. (Id. at ¶ 3.) Plaintiff Alexander Charles has been employed by Defendant as a tutor since May 2018. (Id. at ¶ 4.)...

Excerpt: ...artment 3. The 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, filed on July 10, 2020, sets forth the following causes of action: (1) Failure to Pay Minimum Wages; (2) Failure to Pay Overtime Wages; (3) Failure to Provide Meal Periods; (4) Failure to Permit Rest Breaks; (5) Failure to Provide A...

Excerpt: ...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 Labor Code violations. According to the allegations of the First Amended Complaint (“FAC”), filed on November 9, 2018, plaintiff Talia Arroyo Rocha (“Plaintiff”) worked as a courier/delivery driver from July 21, 2015, to August 20, 2015, for defendant Cernx MN, LLC (“Defendant”...

Excerpt: ..., 2020, this case arises out of defendant Keysight Technologies' (“Defendant” or “Keysight”) tortious scheme to defraud and steal valuable business opportunities from plaintiff Guzik Technical Enterprises (“Plaintiff” or “Guzik”). (FAC, ¶ 1.) Under the guise of forming a partnership to develop and sell high‐bandwidth digitizer products, Defendant used a web of false promises, factual misrepresentations, and fraudulent omissions...

Excerpt: ...is grandfather Louis. Louis and his son Brent Bonino (“Brent”), Jeremy's uncle, co‐own LJB Farm, and the 1997 Chevy Tahoe was used for various services relating to the farm. Louis is the only insured party on the aforementioned vehicle. B. Procedural Plaintiff initiated this action on August 24, 2017. On September 14, 2020, Defendant filed the instant motion for summary judgment. Plaintiff opposes the motion. II. Defendant's Motion for Summ...

Excerpt: ...se. 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 11 February 2021. Please specify the issue to be contested when calling the Court and Counsel. Demurrer to the Complaint by Defendant Intellitalk, Inc. Defendant's reply papers were filed on 11 February 2021 at 9:05 AM on 11 February 2021 and are thus untimely. Should this matter proceed to a hearing, this Court will...

Excerpt: ...ndant entered into an agreement dated June 16, 2017 under which Varghese agreed to demolish a 20,000 square foot building in Sunnyvale and construct a new refrigerated warehouse in its place. (FAC, ¶¶ 7‐8.) Greet Well advised Varghese that time was of the essence because it was incurring the expense of two warehouses (a smaller warehouse and the new one in Sunnyvale) and business demand was growing. (Id., ¶ 9.) Pursuant to the terms of the a...

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 10 February 2021. Please specify the issue to be contested when calling the Court and Counsel. Order on Cross‐Defendant Elizabeth Misich's Demurrer To The First Amended Cross‐Complaint Filed By Thomas Misich. I. Statement of Facts. First Amended Complaint Plaintiff Elizabeth Henin Misich (“Elizabeth”)1 is the s...

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 10 February 2021. Please specify the issue to be contested when calling the Court and Counsel. Demurrer to the Complaint by Defendants Matthew Enterprises, Inc. and FCA US LLC. I. Statement of Facts. Plaintiff Carlos Jimenez (“Plaintiff”) filed this complaint on 8 September 2020. 5 According to the complaint, o...

Excerpt: ...ing for appellate resolution two questions of law raised by that order. It also asks the Court to stay this action pending resolution of Defendant's forthcoming writ petition. As discussed below, the Court DENIES Northrop Grumman's motion in its entirety. I. DISCUSSION “Upon the written request of any party …, a judge may indicate in any interlocutory order a belief that there is a controlling question of law as to which there are substantial...

Excerpt: ...3.) Section 7 of the lease agreement states that Plaintiff is not responsible for payment of any utilities; however, despite this provision, Defendant has charged Plaintiff for bimonthly water bills and Plaintiff has paid all water bills charged to him by Defendant from July 26, 2010 through August 2020. (See complaint, ¶¶ 9‐10.) On July 15, 2020, Plaintiff arranged a representative from San Jose Water Company to inspect the water meter and e...

Excerpt: ...and crashed. The Complaint states two cause of action: 1) Negligence (premises liability, brought by Dr. Stewart only), and; 2) Loss of Consortium (brought by Pamela Stuart only). Currently before the Court is Defendant's Motion for Summary Judgment filed November 15, 2020 after the Court (Hon. Barrett) granted an order shortening time. The pleadings limit the issues presented for summary judgment and the motion may not be granted or denied on is...

Excerpt: ... 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 10 February 2021. Please specify the issue to be contested when calling the Court and Counsel. Order on Motion of Plaintiff to Compel Defendant Christ Company to Produce Further Documents and for Monetary Sanctions. I. Statement of Facts. Plaintiff filed this complaint on 22 October 2018. 6 This case a...

Excerpt: ...ourt 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 Janice Ashley Dayton (“Plaintiff”) seeks statutory damages against defendant Portfolio Recovery Associates, LLC (“Defendant”) arising from its routine practice of sending initial written communications that provide the notice required by the CF...

Excerpt: ...ourt 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 Janice Ashley Dayton (“Plaintiff”) seeks statutory damages against defendant Portfolio Recovery Associates, LLC (“Defendant”) arising from its routine practice of sending initial written communications that provide the notice required by the CF...

Excerpt: ...ent 3. The court now issues its tentative ruling as follows: I. INTRODUCTION On October 15, 2019 following a jury trial, judgment was entered in favor of Plaintiff Brokaw San Jose LLC (“Plaintiff”) and against Defendant Pacific Bay Recycling Center, Inc. (“Defendant”) only, Mindy Ngo (“Ms. Ngo”) having been dismissed as a defendant without prejudice on September 23, 2019, before trial began. After judgment was entered, the court on 2 ...

Excerpt: ...a M. Lucas on February 10, 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 First Amended Complaint 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 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1...

Excerpt: ...sues 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, filed on July 12, 2019, sets forth the following causes of action: (1) Failure to Provide Rest Periods; (2) Failure to Provide Meal Periods; (3) Failure to Pay Hourly and Overtime Wages; (4) Failure to Pay Minimum Wage; (5) Failure to Furnish Itemized Wage St...

Excerpt: ...ehalf of Akrivis by Gordon Finwall and Finwall Law Offices (hereafter “Finwall”), counsel for Akrivis in this action. On August 7, 2020 Defendants filed a Cross‐Complaint against Akrivis and Finwall, based in part on a prior action for breach of contract and common counts brought by Akrivis and Finwall (solely as counsel for Akrivis) in August 2019, case no. 19CV353651(“Prior Action”). The Cross‐Complaint states claims for 1) Breach o...

Excerpt: ...ing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 8 February 2021. Please specify the issue to be contested when calling the Court and Counsel. Order On Petition of Defendants to Compel Arbitration. I. Statement of Facts. Plaintiff filed this complaint on 23 September 2020. 20 Plaintiff alleges he is the sole shareholder of Ryker, SF, Inc., owner of a Fed Ex service contract. Plaintif...