Excerpt: ...on: (1) Failure to Provide Required Meal Periods; (2) Failure to Provide Required Rest Periods; (3) Failure to Pay Overtime Wages; (4) Failure to Pay Minimum Wages; (5) Failure to Pay all Wages Due to Discharged and Quitting Employees; (6) Failure to Furnish Accurate Itemized Wage Statements; (7) Failure to Indemnify Employees for Necessary Expenditures Incurred in Discharge of Duties; and (8) Unfair and unlawful Business Practices. As is relevan...

Excerpt: ...Superior Court ("Harbour"); (2) Williams v. SOS Security, LLC, et al., Case No. 20CV362050, Santa Clara County Superior Court ("Williams"); (3) Marmolejo, et al. v. SOS Security, LP, Case No. 20CV367423, Santa Clara County Superior Court; (4) Muse v. SOS SecuriW, LLC, et al., Case No. RG20066195, Alameda County Superior Court ("Muse"); and (5) Towns v. SOS Security, LLC, Case No. 21TRCV00063, Los Angeles County Superior Court. On May 25, 2022, pl...

Excerpt: ... in non-party Wave Computing, Inc. ("Wave") since about August 2017. (TAC, '1 2.) Wave was a semi-conductor and computer learning company incorporated in Delaware and with its principal place of business in Santa Clara County, CA. (ld. at '1 1.) Wave's ability to succeed depended on the development of fts Data Processing Unit chip called "Cayenne," which was central to its artificial intelligence system called "Green." (TAC, '1 29.) Plaintiff all...

Excerpt: ...rn and practice of towing vehicles in violation of Vehicle Code sections 22953 and 22658. According to the allegations of the operative Second Amended Complaint ("SAC"), filed on February 25, 2022, Defendants caused vehicles to be towed without first having obtained signed authorizations from the property owner or its agents, in violation of Vehicle Code section 22658, subdivision (1)(1), and caused vehicles to be towed from the space available t...

Excerpt: ...0, sets forth the following causes of action: (1) Failure to Pay All Wages; (2) Rest Period Violations; (3) Meal Period Violations; (4) Wage Statement Violations; (5) Waiting Time Penalties; (6) Unfair Business Practices; (7) PAGA Penalties for Failure to Pay All Wages; (8) PAGA Penalties for Rest Period Violations; (9) PAGA Penalties for Meal Period Violations; (10) PAGA Penalties for Wage Statement Violations; and (11) PAGA Penalties for Waitin...

Excerpt: ...n: (1) Failure to Pay Wages and/or Overtime under Labor Code SS 510, 1194, and 1199; (2) Penalties Pursuant to Labor Code S 203; (3) Violation of Business & Professions Code S 17200; and (4) Penalties Pursuant to Labor Code S 2699, et seq. The parties reached a settlement and plaintiff Raul Becerra ("Plaintiff") moved for preliminary approval of the settlement. On June 30, 2022, the court entered an order denying the moton for preliminary approva...

Excerpt: ...g the tentative ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 01 May 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Moton of Defendant to Reopen Discovery. I. Statement of Facts. Plaintiff filed this complaint on 01 July 2019.28 He alleges that he was riding his bicycle approaching the corner of Monterey Road and Southside Drive in San Jose, ...

Excerpt: ...agreement with Golden Jubilee Properties, LLC ("Golden Jubilee") by which it would obtain a commission for brokering a lease agreement between Golden Jubilee and Round Table Pizza. Golden Jubilee contends it did not enter into a lease agreement with Round Table Pizza; entered into a lease agreement with Circle Pizza, thus it does not owe Guardian a commission. Guardian filed this lawsuit in Los Angeles County Superior Court on August 26, 2022, an...

Excerpt: ...the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than PM on 01May 2023. Please specify the issue to be contested when calling the Court and Counsel. Order On Defendants Santa Clara Valley Transportation Authority and Giang Truong Luu's Motion For Summary Judgment. l. Statement of Facts. On 19 July 2019, plaintiff Jeremy Hansen ("Hansen"), the path, entrance, or means of access immediately adjacent to an...

Excerpt: ...ing the tentative ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 01 May 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motion of Defendant KIA Motors America for Summary Adjudication to the First Amended Complaint. l. Statement of Facts. This is a lemon law action. On or about 25 May 2011, plaintiff Lynda Yao ("Plaintiff") purchased a 2011 Kia...

Excerpt: ...rative second Amended complaint ("SAC") filed on July 21, 2022. DEFENDANTS' REQUEST FOR JUDICIAL NOTICE "Judicial notice is the recognition and acceptance by the court, for use by the trier of fact or by the court, of the existence of a matter of law or fact that is relevant to an issue in the acton without requiring formal proof of the matter." (Poseidon Development, Inc. v. Woodland Lane Estates, LLC (2(m) 152 Cal.App.4th 1106, 1117.) Defendant...

Excerpt: ...was filed on November 23, 2022. The FAC states five causes of action, none of which are listed on the caption page. These are: (1) Violation of Civ. Code 51793.2(D); (2) Violation of Civ. Code S1793.2(B); (3) Violation of Civ. Code S1793.2(A)(3); (4) Breach of the Implied Warranty of Merchantability, and; (5) Fraud (fraudulent inducementconcealment). The FAC alleges that, as part of the vehicle lease, Plaintiff entered into a warranty contract wi...

Excerpt: ... out of a motor vehicle accident. According to the SAC, decedent Sanan Altaye (the "Decedent") was employed as a commercial semitruck driver and operated a 2006 Freightliner Truck and 2009 Trailer in that capacity. (SAC, 8.) On November 18, 2015, the 2006 Freightliner and 2009 Trailer were taken out of operation by the California Highway Patrol ("CHP") after an officer conducted a Driver/vehicle Examination documenting numerous braking system vio...

Excerpt: ...e Complaint was filed on September 29, 2022 and states four causes of action: (1) Breach of Contract (alleged against the Steiners only) for breach of the Stock Purchase Agreement ("SPA") and addendums for the sale of Allied Aire Service; (2) Intentional Misrepresentation (alleged against all defendants); (3) Violation of Cal. Business and Professions Code section 17200, et seq. (alleged against all defendants), and; (4) Declaratory Relief (alleg...

Excerpt: ...elief, that EBMS failed to properly pay Plaintiff for the medically necessary services, supplies, and/or equipment rendered to patent N.B. (the "Patent"), who was an enrollee and beneficiary of health plans sponsored, administered, and/or financed by E8MS. (FAC, '1 7-8.) Private Healthcare Systems ("PHCS") is a nonparty and it operates a preferred provider network ("PPO") in which PHCS indemnifies health care expenses, performs utilization review...

Excerpt: ...lternative, motion to strike the class and representative allegations. Plaintiff opposes Googles motion. As discussed below, the Court OVERRULES Google's demurrer and DENIES its motion to strike. l. BACKGROUND According to the complaint, Plaintiff began working for Defendants as a non-exempt preschool teacher at Google on November 7, 2021, and her employment ended in March 2022. (Class Action Complaint, '14.) Plaintiff alleges "that each and ever...

Excerpt: ... Contract; (3) Breach of the Implied Covenant of Good Faith and Fair Dealing; and (4) Slander/Defamation (violation of Civil Code SS 43 and 46). The FAC alleged that Majors worked for Thing5 from December 2, 2019 until his termination on September 29, 2021. (See FAC at 21 and 4.) Included in Exhibit B to the FAC was a copy of Majors's employment offer letter and a copy of Thing5's Employee Handbook from August 2019. The offer letter expressly sta...

Excerpt: ... personal bank accounts and share one joint account with Defendant at Wells Fargo ("joint account"). (See SAC, '1 15.) Plaintiff complied and placed all of her funds in the joint account, including her future paychecks. (See SAC, 15-17.) In April 2017, Defendant left his job to create a startup and subsequently opened a separate JP Morgan Chase account ("Chase account"). (SAC, '1 18.) Defendant's startup failed and he then joined a Bay Area compa...

Excerpt: ...ated seven causes of achon against the City and various Does who allegedly "completely dominate[] and control[]" the City. (Complaint at 12a.) The causes of action alleged were: (1) Discrimination in Violation of the FEHA (based on alleged discrimination against Amir for his "specific religious beliefs"); (2) Retaliation in Violation of the FEHA (based on alleged protected activ-ty consisting of requesting accommodation for his religious beliefs)...

Excerpt: ...et, 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 25 April 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Defendant Matthew Carpenter's Demurrer To First Amended Complaint. l. Statement of Facts. In the early morning hours of 17 January 2020, Eitan Michael Weiner ("Decedent") died alone in a bathroom...

Excerpt: ... Retail Shop Lease pursuant to which Plaintiff leased Unit #20 in the Vallco Shopping Mall (the "Prem-ses") in Cupertino. (Complaint, 10.) Section 22.14 of the Retail Shop Lease grants Plaintiff the right to extend its term (which otherwise expired on December 31, 2022) for three additional five-year periods. (ld., '1 2.) The Retail Shop Lease was amended twice; first on December 1, 2006, between Cupertino Square, LLC, successor-in-interest to Va...

Excerpt: ...d. As discussed below, the Court is inclined to grant Plaintiffs' motion, subject to the parties' agreement to amend the release to conform with Amaro v. Anaheim Arena Management, LLC (2021) 69 Cal.App.5th 521 (Amaro) and Plaintiffs' submission of some additional information described below. l. BACKGROUND As alleged in the operative complaint, Defendants maintain and operate a health and fitness facility in California, where Plaintiffs were emplo...

Excerpt: ...motions for final approval of the settlement and for approval of their attorney fees, costs, and service awards. Plaintiffs' motions are unopposed. One individual filed an objection to the settlement, which the Court has reviewed and considered. As discussed below, the court GRANTS final approval. l. LEGAL STANDARD FOR SETTLEMENT APPROVAL Generally, "questions whether a [class action] settlement was fair and reasonable, whether notice to the clas...

Excerpt: ... Background This is a product liability action. Plaintiffs are the wife and children of Walter Huang who suffered a fatal crash while driving his Tesla Model X in 2018. Mr. Huang added Autopilot when he purchased his Tesla, but he did not purchase the "Full Driving Capability Package." According to Tesla, Autopilot provides numerous warnings and -nstructons to its users, both in the manual and in the car while the Tesla is in use, making clear th...

Excerpt: ...ed partnership agreement that established KCLP ("Limited Partnership Agreement"). That Limited Partnership Agreement for KCLP contains an arbitration clause to which the parties are all signatories. The JAMS arbitration is currently scheduled for a hearing on the merits on October 16-20, 2023, with the same attorneys as in this case. Huang now argues that the present case falls outside the sco# of the Limited Partnership Agreement—and, therefor...

Excerpt: ...e operative First Amended Complaint ("FAC"). It contends that Plaintiffs claims are barred by section 230 of the Communications Decency Act (the "CDA")5 and otherwise fail to state a cause of action. (Code Civ. Proc„ S 430.10, subd. (e).) As discussed below, the Court SUSTAINS Defendant's demurrer based on CDA immunity, but gives Plaintiff 30 days to amend. l. BACKGROUND According to the FAC, Google represents that the Play Store is the only of...

Excerpt: ...s an action for defamation. According to the Complaint, Plaintiff was a law student at Santa Clara University, School of Law ("SCU") from 2019 to 2022. (Complaint, 1.) When Plaintiff was a teenager, he was convicted of a count of second degree armed robbery and received a strike. (Complaint, 18.) Since then, he turned his life around, pursued higher education at Ohlone College and then the University of San Francisco ("OSF"), where he graduated a...

Excerpt: ...February 21, 2023, but of an unfortunate delay in the clerk's office in setting the hearing on Defendants' motions for summary judgment, this court (Judge Kirwan) continued the trial date to July 3, 2023, at Defendants' request. No party requested that the original discovery deadlines be continued, and so Judge Kirwan did not continue the original fact discovery deadline of January 23, 2023. The motions for summary judgment are now scheduled to b...

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 26 April 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motion Of Plaintiffs To Compel Defendant Ajit Singh To Produce Documents And For Imposition Of Monetary Sanctions. Plaintiffs seek to compel defendant Ajit Singh provide further responses...

Excerpt: ...d. 1. Procedural History On September 15, 2022, this court (Judge Kirwan) granted Gargano's motion for judgment on the pleadings, concluding that Plaintiffs' first cause of action and Permanent Injunction") and second cause of action ("Accounting") failed to state sufficient facts to constitute proper causes of action. In particular, the court concluded: (1) that the causes of action were in the nature of derivative claims rather than direct clai...

Excerpt: ...hey moved to Nevada in or around October 2020. (ld., at '12.) Estrella Floresca and Marina Arzadon are sisters. (ld., at '19.) This achon concerns the real property located at 1662 Cathay Drive in San Jose, California (the "Property"). (See Complaint, '1 7.) On or about June 8, 1992, Plaintiffs acquired the Property by individual grant deed, paying a down payment of $34,139.20 towards its purchase. (ld., at 8, Exs. 1-2.) Because Plaintiffs were n...

Excerpt: ...tatve ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4m PM on 24 April 2023. Please specify the issue to be contested when calling the Court and Counsel. Order on Defendant's Demurrer to Plaintiff's First Amended Complaint. l. Statement of Facts In or around October 2W1, plaintiff Weda Gray ("Plaintiff") purchased the real property located at 2084 Orbellas Dr., Milpitas, CA 95035. (First Amended Complaint ["FA...

Excerpt: ...PROCEDURAL BACKGROUND Li originally filed this case on July 7, 2020, alleging that Yu and Dæ Defendants 1-10 made false statements about her on a social media application (WeChat). Li subsequently added defendants Zheng, Wu, Peng, and Wang. On June 7, 2021, Li filed the operative Second Amended Complaint (the "SAC") against Defendants, asserting the following causes of action: 1. DEFAMATION PER SE (AGAINST ALL DEFENDANTS); AND 2. DEFAMATION PER ...

Excerpt: ...party opposing the tentatve ruling must call Department 20 at 408.808.5856 and the opposing party no later than PM on 24 April 2023. Please specify the issue to be contested when calling the Court and Counsel. Order On Defendant Cisco Systems, Inc.'s Demurrer To Plaintiff Casey Ford Alexander's Complaint. l. Statement of Facts. Plaintiff filed this complaint on 19 April 2019.2 Plaintiff Casey Ford Alexander ("Plaintiff") brings this right of publ...

Excerpt: ... judgment debtors Qury Technologies, Inc. ("Qury Tech"), Wei Zheng ("Zheng"), Zhe Liu ("Liu"), and Huican Zhu ("Zhu") appeared, claiming that notice was insufficient and requesting additional time to file an opposition. The court granted the request, continuing the hearing to April 25, 2023 and setting a briefing schedule. The court also granted proposed judgment debtors' request to file a surreply brief. Having now considered all of the submissi...

Excerpt: ...ase") for a portion (the "Premises") of the commercial real property located 16185 Los Gatos Blvd. in Los Gatos (the "Property"). (Complaint, 1, 6, Exhibit A.) Since 2012, Plaintiff has operated at the Premises a yoga, Pilates, private physical training studio, and retail business commonly known as "Yoga Source." (ld.) To ensure Plaintiff's exclusivity with respect to its use, Plaintiff and Defendant agreed to an exclusivity provision which prohi...

Excerpt: ... entirety, such that they cannot forced to arbitration. In response, Defendants contend, among other things, that they were not required to be licensed in California because they performed no acts within the State of California. Accordingly, Defendants request that the parties be com#lled to arbitration, that the claims against them be severed out from the rest of the case, and that the claims against them be stayed pending the arbitration. Befor...

Excerpt: ...Valerie Anderson, who died intestate and without a surviving spouse, child, or parent. (TAC, 1.) Decedent was Defendant's patent from July 12, 2008 to her passing on September 16, 2021. (TAC, '1 6, 41.) During the entirety of her stay at A Grace, decedent was mentally incapacitated due to hypoxic brain injury and other conditions. (TAC, 6.) As a result of those conditions, Decedent was unable to comprehend rights that she was otherwise bound to k...

Excerpt: ...ested and abused while she was a student at Ida Jew Academy, a charter school within the Mount Pleasant Elementary School District (the "District"). Plaintiff alleges the District contracted with Santa Clara County Office of Education ("SCCOE") to provide outdoor education experiences for minor students, including Plaintiff, particularly at Walden West Science Camp ("Walden West"), a public educational science overnight camp owned by SCCOE. (Seco...

Excerpt: ...ng this motion. Tuan's counsel sent one substantive, sharply worded letter to Applied's counsel on December 8, 2022, in which he addressed Applied's objections and answers, and in which he concluded with a threat of monetary sanctions. After Applied responded to this letter, Tuan's counsel never responded substantively again, and he refused to engage in multiple efforts by Applied's attorneys to have a dialogue to resolve their disputes. In an em...

Excerpt: ...ition"); (2) Request for Production No. 36 (which requests documents reflecting measures taken by the Church from 1990-2005 to protect children from sexual abuse); and (3) the corresponding person-most-knowledgeable deposition topics for these document requests (Topic Nos. 1 and 2). C.N. has filed a motion to compel further responses to this same discovery. In addition, C.N. requests monetary sanctions in connection with both motions. In its oppo...

Excerpt: ...etween CashNetUSA and Defendant Jeffrey Strozza. Strozza answered and filed a cross complaint on October 29, 2021, which cross complaint it served on Strozza. Strozza also served document requests and other discovery on UHG on October 29, 2021. The clerk's office did not immediately process the cross-complaint filing, leading LJHG to believe it had not been filed. Thus, on November 8, 2021, UHG requested the case be dismissed with prejudice. The ...

Excerpt: ...C, to consult on the project. According to JLA, Mr. Rajagopalan breached the agreements governing his work, interfered with JLA's relationship with ASIP Holdings and Q Networks, and wrongly claimed ownership of intellectual property developed in connection with the project. JLA alleges that Defendant Liangwa Jou aided and abetted Mr. Rajagopalan in his attempted "equity grab" from JLA/Q Networks. In a cross-complaint, Mr. Rajagopalan alleges that...

Excerpt: ...ns. HCL Technologies and related entities HCL America Solutions, Inc. ("HCLA Solutions") and HCL America ("HCLA") (collectively, "HCL Defendants") mcwe to compel arbitration, which Plaintiff opposes. As discussed below, the Court GRANTS Defendants' motion. l. BACKGROUND According to the Complaint, Defendants employed Plaintiff as a non-exempt Documentation Writer from October 8, 2018 to March 19, 2021. (Complaint, "1 16—17.) Because of Defendan...

Excerpt: ...n engaged in the business of collecting defaulted consumer debts in California. (First Amended Complaint ("FAC"), '111.) Defendants Matthew Hresko, Terry Lee Brewer, and Andrea Ina-Michelle Church are Michigan residents who Plaintiff alleges are employees, agents, and, in Mr. Hresko's case, an offcer and/or director of MMCC and are also "thirdparty debt collectors" under the Rosenthal Act. (ld., 12— 14.) Plaintiff alleges that Defendants routin...

Excerpt: ...ica (1972) 6 Cal.3d 920, 939. "That the trial courts are to liberally permit such amendments, at any stage of the proceeding, has been established policy of this state since 1901." Hirsa v. Superior Ct. (1981) 118 Cal.App.3d 486, 488- 89. Defendant claims that the motion should be denied because the claim against Ms. Pereyra is beyond the statute of limitations, as the motion for leave was not filed until 3 months after the statute of limitations...

Excerpt: ...January 5, 2023, Chase filed a motion for judgment on the pleadings ("JOP motion"). On February 27, 2023, Porras filed a declaration in opposition to the JOP Motion. He also filed an amended declaration on April 12, 2023. II. LEGAL STANDARD A plaintiff's JOP motion is proper when: (1) the complaint states facts sufficient to constitute causes of action against the defendant, and (2) the defendant's answer does not state facts sufficient to consti...

Excerpt: ...nicated productively about it. 80th sides sent needlessly contentious correspondence to the other. They should have been working cooperatively toward achieving a common goal: a prompt dismissal of this case with prejudice. The court finds that both sides are to blame for this situation. In addition, both sides shared the common goal of dismissal, so there is no "winner" or "loser," in the traditional sense, in connection with the ex parte applica...

Excerpt: ...er ways. (ld.) This group of people contacted various companies to ruin Plaintiff. (ld.) Among these companies were WhatsApp LLC ("WhatsApp") and Meta Platforms, Inc. ("Meta"). (ld.) Plaintiff "joined some RV Park Groups and made some advertisement posts" to rent land space in Arizona for RV owners to park and reside, and three people responded to the posts on the same day. (See FAC, attachment number 5, pp.1-2.) After Plaintiff gave links to her...

Excerpt: ...trier of fact or by the court, of the existence of a matter of law or fact that is relevant to an issue in the action without requiring formal proof of the matter." (Poseidon Development, Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117.) Defendant seeks judicial of Exhibits A-G. Exhibits A-E are court documents. The aforementioned exhibits are subject to judicial notice as records of the superior court under Evidence Code sec...

Excerpt: ...e the court is Plaintiff's motion for preliminary approval of a settlement, which is unopposed. As discussed below the court is inclined to grant preliminary approval of the settlement agreement. l. Background Plaintiff Cabuag worked for Defendant as hourly-paid, non-exempt employee from March 2015 to May 2018. (See Complaint at '1 19.) The original and still operative Complaint filed on August 1, 2019 states claims for: (1) Violation of Californ...

Excerpt: ...2 U.S. LEXIS 2940] (Viking River). Defendants also seek dismissal of the representative PAGA claim. Plaintiff opposes Defendants' motions. BACKGROUND As alleged in the Complaint, Plaintiff worked for Defendants as a full-time, nonexempt employee from January 2019 until March 16, 2019. (Complaint, 26.) Plaintiff alleges Defendants failed to pay minimum wage and overtime premium wages in violation of California wage and hours laws. (ld., '1 22.) Th...

Excerpt: ...to provide accurate wage statements and failed to provide meal periods and rest breaks as required. Now before the court is Plaintiffs motion for preliminary approval of a settlement, which is unopposed. As discussed the court is inclined to grant preliminary approval of the settlement agreement. l. Background Plaintiff Alcazar worked for Defendant as a canvasser and sales representative from May 2019 to July 12, 2019. Additional Plaintiff Luwana...

Excerpt: ... inaccessible without that driveway that provided street access. (See FAXC, 12-14.) The driveway crosses a triangle-shaped sliver of the southeastern corner of the property ("the Triangle") that is approximately 180 square feet where both the 19555 and 19605 properties abut Redberry Drive. (See FAXC, '1 15.) In October 1987, crosscomplainants Arthur and Elaine Gallun, individually and as trustees of the Gallun 2CM Revocable Trust (collectively, "...

Excerpt: ... 35.) The Lease was a "ground lease," meaning the tenant was the owner of any tenant-added improvements on the Property until the end of the Lease term. (Ibid.) The initial term of the Lease was 20 years, but White & McKee's tenancy on the premises continued through a series of 5-year extension options and terminated after the final extension on or about March 2, 2022. (FAC 36.) Defendant Duckett-Wilson Development Company ("Duckett") has served ...

Excerpt: ...in Violation of Public Policy), and on September 29, 2022, the court (Judge Kirwan) sustained the demurrer with leave to amend. Dornidon filed her first amended complaint ("FAC") on October 11, 2022, alleging the same causes of action as in the original complaint: (1) Breach of Contract and (2) Wrongful Termination in Violation of Public Policy. SHC now brings this demurrer to the second cause of action, arguing that it still fails to allege suff...

Excerpt: ...According to the SAC, on December 3, 2015, Jerrold Grannis of Universal Music Publishing Group ("UMPG") randomly called Plaintiff and Plaintiff asked Grannis to confirm confidentiality in writing. (SAC, p. 3, 1.) Grannis granted Curcio confidentiality in written contract, along with a questionnaire. (ld.) Around mid-February 2016 to mid-March 2016, Plaintiff invented his monetization model and trade secret. (SAC, p. 3, 2.) On March 24, 2016, Plai...

Excerpt: ...e judicial reference provision is part of a void and invalid contract. The court finds Plaintiffs' arguments to be unpersuasive and concludes that the agreement may be enforced in this case. Nevertheless, the court also believes that ATI's motion may be incomplete, as it does not include any of the information required by rules 3.901 and 3.902 of the California Rules of Court. As a result, the court grants ATI's motion, as far as it goes, but the...

Excerpt: ...Quach agreed to form Quach & Lien LLC (the "LLC") for the purpose of operating a supermarket in Santa Clara County. The day of the LLC's formation and registration, Quach also formed and registered QREI. (Complaint, 10-12, Exhibits A and B.) Huynh, Lien, Lai, Irene Lee and QREI each received a percentage membership interest in the LLC in exchange for their respective initial investment amounts (totaling $2 million), with Hunyh obtaining a 20% int...

Excerpt: ...arty opposing the tentatve ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 11 April 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Orders On: 1. Defendants Cassidy Turley L.P., DTZ, and Cushman & Wakefield's Motion For Summary Judgment/summary Adjudication; 2. Facebook, Inc.'s Motion For Summary Judgment/summary Adjudication. l. Statement of Facts. Davi...

Excerpt: ... located at 15280 Blackberry Hill Road, Los Gatos, California (the "Arora Parcel"). (ld., at "1 2, 7.) Blackberry Hill Road does not directly reach either the Arora Parcel or the Searle Parcel; there are two roads connecting Blackberry Hill Road to the Searle Parcel: (1) the "Lower Road" and (2) the "Radio Road." (See SAC, '1 10.) The Lower Road connects Blackberry Hill Road to the Searle Parcel by crossing over both the "Schwager Parcel" (locate...

Excerpt: ...Any party opposing the tentatve ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 17 April 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Mohon of Defendants DS Cargo lnc„ Salah Ziada and DGA Services dba JIT Transportation to Compel Plaintiff Sylvia Armas To Provide Responses to Written Discovery, to Deem Requests for Admissions to ae Admitted...

Excerpt: ...e. Any party opposing the tentatve ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 12 April 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Demurrer and Motion to Strike Portions of the First Amended Complaint by Defendants Dr. Nicolas Kokkalis and Dr. Chengdiao Fan. l. Statement of Facts. This is a shareholder derivative action regarding the sa...

Excerpt: ... action and the Court's analysis of the settlement and settlement class are set forth in that order. Before the Court are Plaintiff's motions for final approval of the settlement and for approval of her attorney fees, costs, and service award. Plaintiff's motions are unopposed. As discussed below, the Court GRANTS final approval. l. LEGAL STANDARDS FOR SETTLEMENT APPROVAL A. Class Action Generally, "questions whether a [class action] settlement w...

Excerpt: ...filed on October 13, 2022. 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 Plaintiffs' moton for final approval of the settlement and for approval of their attorney fees, costs, and service awards. Plaintiffs' motion is unopposed. On April 3, 2023, the Court issued a tentative ruling indicating it was inclined to grant final approv...

Excerpt: .... 20CV372622 ("Abittan action"), Temujin alleged that Defendants and Cross-complainants Ariel Abittan ("Abittan"), Benjamin Fisch, and Charles Lu conspired to: (a) assert a false claim of ownership of its business; (b) misappropriate its trade secrets; (c) usurp and interfere with control over its assets, such as social media accounts; and (d) interfere with its relationships with investors and business partners. Mr. Abittan, a former business pa...

Excerpt: ... shelving and sorting books and miscellaneous closing duties. Laurent contends that he was fired from the Library because of his disabilities, which include autism and compartment syndrome, which Laurent describes as increased pressure in an anatomic compartment (of the leg), causing chronic knee pain. On May 2, 2018, Laurent approached his supervisor, Gena Cortez, and asked her to provide him with a different task from the shelving duties to whi...

Excerpt: ...ant opposes. As discussed below the Court DENIES the motion without prejudice. l. BACKGROUND A. Factual According to the operative complaint, Dart is a Michigan corporation with its principal place of business in Michigan, which does business in California. (Second Amended Class and Representative Acton Complaint ("SAC"), "1 7, 9.) When Plaintiff applied for employment with Defendant on October 14, 2013, he was required to fill out a disclosure a...

Excerpt: ...e terms of the contract, Group One was obligated to: commence construction on Monday, November 9, 2015 and complete construction on Friday, August 19, 2016; supply La Encina with Conditional Lien Releases with all progress billings and upon all progress payments from the subcontractors or supplies; pay subcontractors, sub-subcontractors and suppliers within seven days after receipt of payment by La Encina; hold payments received from La Encina fo...

Excerpt: ...posing the tentative ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 12 April 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motion of Plaintiff to Compel Deposition Attendance of Defendants Person(s) Most Qualified and for Monetary Sanctions. I. Statement of Facts. On 13 September 2022, plaintiff filed this complaint seeking resttution and dam...

Excerpt: ...n July 29, 2022. None of the responses was verified but each included a page stating, "VERIFICATION TO FOLLOW." Plaintiff, finding the responses deficient and unverified, requested verified, full and complete discovery responses on August 17, 2022. Plaintiff then extended the date for Defendant to respond several times. On October 21, 2022, Defendant served some supplemental responses. Both the initial and supplemental responses remained unverifi...

Excerpt: ... below, the Court GRANTS the motion as to Case No. 22CV398811 (the class action), and GRANTS IN PART the motion as to case No. 22CV401779 (the PAGA action). l. BACKGROUND As alleged in case No. 22CV398811, Plaintiff was employed by Defendant as a nonexempt employee from March 8, 2019 to February 2, 2022. (Class Action Complaint for Damages, '1 8.) Plaintiff and other employees were required to undergo COVID-19 screenings, such as submitting to te...

Excerpt: ... by (1) Medi Mall and (2) Kelly Services Global, LLC and Kelly Services USA, LLC (the "Kelly Defendants"). Defendants move to compel arbitration pursuant to the United States Supreme Court's decision in Viking River Cruises, Inc. v. Moriana (2022) [142 S. ct. 1906, 2022 US. LEXIS 29401 (Viking River). In the alternative, the Kelly Defendants move to dismiss or stay the action based on the rule of exclusive concurrent jurisdiction. Plaintiff oppos...

Excerpt: ...ition brief is not yet due on that last motion. All three of these motions are interrelated, however, as evidenced by frequent references to the propriety of Google's confidentiality designations in the briefing on the first two motions, particularly by plaintiff Satrajit Chatterjee ("Chatterjee"). Nevertheless, because the third motion appears to raise the most substantive issues of the three, and because the court does not yet know the full ext...

Excerpt: ...ock in non-party Wave Computing, Inc. ("Wave") since about August 2017. (TAC, 2.) Wave was a semi-conductor and computer learning company incorporated in Delaware and with its principal place of business in Santa Clara County, CA. (ld. at '1 1.) Wave's ability to succeed depended on the development of its Data Processing unit chip called "Cayenne," which was central to its artificial intelligence system called "Green." (TAC, '1 29.) Plaintiff all...

Excerpt: ...es Ceja Martinez ("Martinez") (collectively, "Plaintiffs") filed a Complaint for Statutory Violations and Attorneys' Fees against defendants Starz Telecom, Inc., Sammy Dean Wilbur Isaacson, and Joshua Michael Wayn Isaacson (collectively, "Defendants"), which sets forth causes of action for: (1) Violation of the California Labor Code section[s] 218.5, 1194, 1194.2, 1771, 1774, 1810, 1815; (2) Failure to Pay Minimum wages and wage set by Statute Ca...

Excerpt: ...ollectively, "Defendants"), which operate number of McDonald's franchises. The plaintiffs allege that Defendants failed to pay employees for off-the-clock work, failed to provide compliant meal and rest breaks, and committed other wage and hour violations. As alleged in the operative complaint in the lead action Victor Manuel Monroy Chavez v. CAM-BAS, Inc., et al. (Santa Clara County Superior Court, Case No. 20CV372311) (Chavez), Defendants own a...

Excerpt: ...rth the following causes of action: (1) Violation of California Labor Code SS 510 and 1198 (Unpaid Overtime); (2) Violation of California Labor Code SS 1182.12, 1194, 1197, 1197.1, and 1198 (Unpaid Minimum Wages); (3) Violation of California Labor Code SS 226.7, 512(a), 516, and 1198 (Failure to Provide Meal Periods); (4) Violation of California Labor Code SS 226.7, 516, and 1198 (Failure to Authorize and Permit Rest Periods); (5) Violation of Ca...

Excerpt: ...onsolidated Class Action Complaint, filed on January 12, 2023, sets forth the following causes of acton: (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 Accurate Itemized Wage Statements; (6) Failure to Pay All Wages Due upon Separation of Employment; (7) Failure to Reimburse Necessary Business Expenses; (8) Violation of Business an...

Excerpt: ...ts forth causes of action for: (1) Failure to Pay Overtime Wages; (2) Failure to Pay Minimum Wages; (3) Failure to Provide Meal Periods; (4) Failure to Provide Rest Periods; (5) Waiting Time Penalties; (6) Wage Statement Violations; (7) Failure to Timely Pay Wages; (8) Failure to Indemnify; and (9) Unfair Competition. Defendant Innovative Facility Services, LLC ("Defendant") now moves for an order compelling Plaintiff to arbitrate her individual ...

Excerpt: ...and (2) Carlos Lopez v. Bay Mountain Air, Inc. et al. (Santa Clara County Superior Court, Case No. 21CV386284) ("Individual Case"). On May 17, 2021, plaintiff Carlos Lopez ("Plaintiff") filed the operative Class Action Complaint ("CAC") in the Lead Case. According to the allegatons of the CAC, Plaintiff worked for defendant Bay Mountain Air, Inc. ("Defendant") as a non-exempt hourly employee installing air conditioners from approximately November...

Excerpt: ...ny other programs that Plaintiff was considering. Plaintiff's complaint alleged that he had interviewed at twenty- two other residency programs, and was being "courted" by the faculty of several of these institutions. Defendant, in preparation of their case, served deposition subpoenas on several institutons mentioned in the complaint. This was done to determine if, in fact, Plaintiff had been sought after by the programs that he claimed. After s...

Excerpt: ... BACKGROUND A. Factual Allegations in the Complaint Plaintiff Applied Materials, Inc. ("Applied") supplies equipment, services, and software for fabrication of semiconductor products. (Complaint ("Compl.") '16.) It brings this action against defendants Huu Vu ("Huu") and Tuan Vu ("Tuan") (brothers and former employees of Applied) 3 , defendant James Nguyen dba Mechatronics Engineering Group ("Nguyen"), and defendant Capital Asset Exchange & Tradi...

Excerpt: ...20, and as a result, she fell off a rock and was severely injured. (Complaint, '1 2.) Plaintiff was six years old at the time of the incident. (Ibid.) Defendant Kathy Banks is adult individual doing business as CCKC. (ld. at 6.) Through her guardian ad 'item, Dragos Sbirlea, Plaintiff filed a Complaint against Defendants alleging causes of action for (1) negligence; and (2) negligent hiring, retention, supervision, training and entrustment. Defen...

Excerpt: ...sona, [slhe 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) 148 Cal.App.4th 1262, 1267, internal citatons omitted; see also Rappleyea v. Campbell (1994) 8 Cal.4th 975, 985.) The original complaint in this action, filed on June 20, 2019, stated claims for:...

Excerpt: ... the tentative ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 11 April 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order On Motion of Plaintiff for Leave to File a Second Amended Complaint. I. Statement of Facts. Plaintiff filed this complaint on 08 July 2020.4 The action arises out of a new home design and development and construction project betwe...

Excerpt: ...ng the tentative ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 10 April 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Defendants Debra Gould, Joshua J. Wolfe, and Optimum Solutions Group, Inc.'s Demurrer to Plaintiff Chad Garton's Second Amended Complaint. l. Statement of Facts. Plaintiff Chad Garton ("Plaintiff") brings this action against ...

Excerpt: ...-represented here, is a full-time physician for the County at the South County Clinic, run by Substance Use Treatment Services ("SUTS"). (SAC at 1.) He has been employed as a category "P28" Senior Staff Physician II since July 2013. (SAC at '1 1, 30.) Per County records, he is paid every two weeks with the terms and conditions of his employment set forth in the Memorandum of understanding ("MOU") between the County and the Union of American Physi...

Excerpt: ...rising out of a failed business relationship. According to the SAC, in 2014, Plaintiff and his brother-in-law, defendant Nick Nguyen, discussed starting a restaurant to sell bowls. (SAC, 23-24.) During their subsequent efforts towards starting a restaurant, Plaintiff and Nguyen were jointly represented by attorney Lloyd Schmidt, whose responsibilities included, but were not limited to, drafting documents relating to the business' creation. (ld, 2...

Excerpt: ..., subdivision (e), of the Code of Civil Procedure i.e., on the ground that the complaint fails to state sufficient facts to allege a cause of action. A. Factual Allegations in the Complaint Catchlight filed the complaint on June 24, 2022. It alleges that Zhu misappropriated and absconded with investments that were originally made by Zhen Partners, a venture capital firm, in 2017. (Complaint, 2-3.) In that year, Zhen Partners and Leadvisor entered...

Excerpt: ...ntiff for its CFO position and Wilco CEO Ramasamy emailed Plaintiff with compensation for the position: a base annual salary of $240,000, an annual performance bonus of up to 10% of his salary amount, and a 5% equity stake in Wilco. (See FAC, '1 11.) The salary and bonus terms of compensation were memorialized in an offer letter dated October 18, 2021, however, Ramasamy's October 17, 2021 email stated that "the equity related details will not be ...

Excerpt: ... Any party opposing the tentatve ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 05 April 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order On Defendants' Demurrer and Motion To Strike Portions Of First Amended Complaint. I. Statement of Facts. Plaintiffs Hui Jiang ("Jiang") and Shujing Huang ("Huang") are the owners of real property located at 1236 ...

Excerpt: ...and Excel collectively as "Defendants". Pursuant to California Rule of Court 3.1308, the Court issues its tentative ruling as follows: l. Background A. Factual According to the SAC, on April 22, 2019, Plaintiffs purchased real property Imrated at 710 North Winchester Boulevard, Santa Clara, California 95050 (the "Property"). (SAC, 1, 19.) Douglas Michaud and Deborah Michaud were the Property sellers (collectively, the "Sellers"). (SAC, '1 2.) Lan...

Excerpt: ...ainst each of the Tributary Agencies, seeking declaratory relief.6 Trial is scheduled for April 10, 2023. On February 23, 2023, the Court issued an order denying the Tributary Agencies' motion for summary adjudication and granting in part separate motions for summary adjudication by Santa Clara and San Jose ("February Order").7 With respect to Plaintiffs' third cause of action for breach of mandatory duties underthe California Constituton as amen...

Excerpt: ...s unopposed. As discussed below, the Court GRANTS Plaintiff's motion. l. BACKGROUND Plaintiff worked for Defendant in Santa Clara County as a construction worker and foreman assistant from 2014 to June 2021. (First Amended Class and Representative Action Complaint ("FAC"), '18.) He alleges that Defendant failed to pay employees for all hours worked, including overtime, by requiring them to work off-the-clock: for example, when undergoing COVID sc...

Excerpt: ...revino for battery and negligence, which remain at issue. The parties reached a settlement of the class and PAGA claims, which the Court preliminarily approved in an order filed on October 7, 2022. 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 Plaintiffs motion for final approval of the settlement and for approval of her attorney...

Excerpt: ...ity. Johnson visited the California Pizza Kitchen located at 136 El Camino Real in Palo Alto California in May and June 2021 and alleges that he was "deterred from physically attempting to sit" at the restaurant as a result of noncompliance with the Americans with Disabilities Act ("ADA"). The complaint states two causes of action: (1) Violation of the Unruh Act; and (2) Violation of the California Disabled Persons Act. The complaint primarily re...

Excerpt: ...d Community Hospital of the Monterey Peninsula ("CHOMP") (collectively, "Defendants") pursuant to the California Rosenthal Fair Debt Collection Practices Act, Civil Code sections 1788-1788.33 ("RFDCPA").2 Plaintiff alleges that Defendants sent him a collection letter dated August 2, 2021. (Complaint, 17-19 & Ex. 1.) Defendants allegedly failed to include the notice required by Civil Code section 1788.14, subdivisions (d)(l) and (2) in their first...

Excerpt: ...ss") agreed that KFEI would serve as a nonexclusive distributor of Cypress products to Japanese companies and their affiliates. On September 10, 2021, KFEI filed the operative First Amended Complaint against Cypress, which sets forth the following causes of action: (1) Breach of Contract; and (2) Breach of the Covenant of Good Faith and Fair Dealing. On May 23, 2022, Cypress filed a Cross-complaint against KFEI and cross-defendant Fujitsu Semicon...

Excerpt: ...Pursuant to Labor Code S 2699, et seq. for violations of Labor Code SS 201, 202, 203, 226(a), 225.7, and 2802. Now before the court is Defendant's motion to compel arbitration of Plaintiff's individual PAGA claim and dismiss Plaintiff's representative PAGA claim. Plaintiff opposes the motion. II. REQUEST FOR JUDICIAL NOTICE In connection with his opposition, Plaintiff asks the court to take judicial notice of: (1) a declaration filed In the Los A...