Excerpt: ...es reached a settlement, which the Court (Judge Walsh) preliminarily approved in an order filed on August 7, 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 bel...

Excerpt: ...an 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 27 January 2021. Please specify the issue to be contested when calling the Court and Counsel. Demurrer To The Complaint By Defendants Fremont Union High School District and Andrew Goldenkranz. I. Statement of Facts. Plaintiff Charlene Lee (“Plaintiff”) filed this complaint against defendants Fremont Union Hi...

Excerpt: ...on for wrongful foreclosure. According to the allegations of the FAC, on June 23, 1998, Plaintiff and his wife, Florie Flores (“Mrs. Flores”), became the owners of real property located at 4871 Poston Drive in San Jose (the “Property”). The purchase was financed with a loan secured by the Property, and they took title as “Sonny Flores and Florie Flores, husband and wife as joint tenants.” (FAC, ¶ 13; Defendants' Request for Judicial ...

Excerpt: ...reet, 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 27 January 2021. Please specify the issue to be contested when calling the Court and Counsel. Order on Demurrer of Defendants Sharon E Leider, Stephanie Rae Leider (Erroneously Named As Stephanie Tae Leider), Jeffrey Scott Leider (Erroneously Named As Jeffrey Schott Leider) and Philip Alan Leider (Erroneo...

Excerpt: ...ues 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 Sta...

Excerpt: ...s: 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 April 27, 2020, 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 to Indemnify; (5) Failure to Provide Accurate Written Wage Statements; (6) Failure to Timely Pay All Final ...

Excerpt: ...ring before the Honorable Patricia M. Lucas on January 27, 2021 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: // // 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I. INTRODUCTION This is a shareholder derivative action brought on behalf of Newco Materials Technology, Inc. (“Newco” or “Newco USA”). (Shareholder's Derivative Complaint (“Complaint”), ¶ 1.) Plaintiffs Ho...

Excerpt: ...COSTS The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on January 27, 2021 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a wage and hour case. The Complaint, filed on December 7, 2018, sets forth a single cause of action for civil penalties pursuant to the Private Attorneys General Act of 2004 (“PAGA”). 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16...

Excerpt: ...contract with A‐Land Service Corp. (“A‐Corp.”) and made a payment of $20,000 (second to an initial payment of $1,000) for construction plan drawing and permits. (AC, ¶ 3.) Plaintiffs made a third payment in the amount of $38,450 for costs associated with concrete foundation work. (Id., ¶ 4.) In November 2019, the first day of physical construction at Plaintiffs' property, Defendant showed up with workers claiming that his team came to p...

Excerpt: ...s in Vietnam Town, a commercial plaza in San Jose. According to the allegations of the TAC, on October 8, 2004, Plaintiff entered into five written agreements with TWN Investment Group, LLC (“TWN”) to buy five commercial condominium units at Vietnam Town for a total cost of $615,000. (TAC, ¶ 7, Exhibit A.) On January 24, 2005, Diem Thi Hang and Tai Hung Trinh entered into an agreement with TWN to purchase of one of the units. (Id., ¶ 8.) On...

Excerpt: ...plied Covenant of Good Faith and Fair Dealing; 7) Violation of Civil Code §1708; 8) Unjust Enrichment; 9) Violation of Business and Professions Code §17200; 10) Negligence, and; 11) Violation of the Rosenthal Fair Debt Collection Practices Act (“RFDCPA,” Civil Code §1788, et seq.) against several named defendants and Does. Currently before the Court is the demurrer to the Complaint by Defendants Superior Loan Servicing, Jimmy Hui, Roller P...

Excerpt: ...(SAC, ¶¶ 1 15.) Plaintiff alleges that a contingent of Flyers fans in his section were unruly and rowdy, resulting in taunting between fans and beer being thrown. (Id., ¶¶ 16, 17.) Plaintiff further alleges that the Flyers fans shouted profanities at him and other Sharks fans, and that one particular Flyers fan, defendant Eric Williams (“Williams”), was encouraged by his friends to heckle Sharks fans in Plaintiff's section. (Id., ¶ 16.) ...

Excerpt: ...be forced to leave the country if she did not pay the tuition. (Ibid.) Nguyen promised to pay Plaintiff back in four months. (Ibid.) Nguyen told Plaintiff she would be able to pay Plaintiff back because her mother deposited $400,000 in her bank account in Vietnam before she passed away. (Ibid.) In reliance on Nguyen's representations, Plaintiff loaned Nguyen $70,000 on March 28, 2018. (Ibid.) In April 2018, Nguyen told Plaintiff she needed an add...

Excerpt: ...the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 25 January 2021. Please specify the issue to be contested when calling the Court and Counsel. Order on Defense Motion to Compel Arbitration and Stay Proceedings. I. Statement of Facts. Plaintiff filed this complaint on 19 August 2020.6 Plaintiff alleges that on 8 May 2017 he purchased a 2017 Chrysler Pacifica from Normandin Chrysler Jeep D...

Excerpt: ...) Breach of the Implied Covenant of Good Faith and Fair Dealing. All three cross‐claims are alleged against Plaintiff and the first cross‐claim for breach of fiduciary duty is also alleged against Cross‐Defendant Rao Mikkilineni (“Mikkilineni”), a former member of the Company's board of directors. The Cross‐Complaint alleges (at ¶4) that Plaintiff was the CEO and a member of C3DNA's board of directors “from April 5, 2018 through at...

Excerpt: ...d further alleges that harassment and retaliation by Iyer occurred after Plaintiff confronted Iyer about the statement. Doe contacted Cisco's human resources and employee relations to file a discrimination complaint against Iyer. After Cisco investigated Doe's complaint, Iyer's retaliatory efforts continued. Doe sought review of Cisco's investigation's findings, and a reopening of the investigation occurred. Cisco, however, refused to recognize d...

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 25 January 2021. Please specify the issue to be contested when calling the Court and Counsel. Order. I. Statement of Facts. Plaintiff Jimmy K. Lee, in propria persona, filed this complaint on 30 September 2020.9 Plaintiff alleges that he was shopping at Home Depot on 15 December 2019. He was in the proc...

Excerpt: ...��) as an interested party of liability insurance. (See complaint, ¶¶ 10‐11.) On December 24, 2018, Plaintiff discovered a puddle of water in her bedroom; she called Avana's emergency phone number as designated in the lease agreement but the number did not allow her to leave a message. (See complaint, ¶ 12.) On December 25, 2018, Plaintiff again called the emergency line and spoke to a man who answered the phone. (See complaint, ¶ 13.) A su...

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 25 January 2021. Please specify the issue to be contested when calling the Court and Counsel. Order Vacating Arbitration Award. I. Statement of Facts. This complaint was filed on 8 February 2017. The original complaint is not in Odyssey and has not been provided to this Court. Plaintiff, an employee of def...

Excerpt: ...nd settlement class are set forth in that order. Before the Court are Plaintiffs' motions for final approval of the settlement and for approval of their attorney fees, costs, and service awards. Plaintiffs' motions are unopposed, but one objection was submitted to class counsel and the settlement administrator. I. LEGAL STANDARDS FOR CLASS ACTION SETTLEMENT APPROVAL Generally, “questions whether a [class action] settlement was fair and reasonab...

Excerpt: ...rough assessment in connection with arranging a loan. (See TAC, ¶ 21.) 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 TAC, ¶¶ 30‐33, 36‐37.) Unbeknownst to Plaintiffs, Knapp had his real estate broker's license revoked on January 9, 2016, ...

Excerpt: ...1 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 20 January 2021. Please specify the issue to be contested when calling the Court and Counsel. Orders on Motions of Defendant Milestone Financial, LLC to Compel Plaintiff Ruma Chakraborty to Respond to Special Interrogatories, Request for Admissions of Documents, and to Deem Requests for Ad...

Excerpt: ... defendant Pacific Plumbing & Sewer Service, Inc.'s (“Defendant”) work on the San Jose Convention Center, the County of Santa Clara Winter Shelter, the County of Santa Clara's County Building Bathroom removal, the County of Santa Clara's County Correctional Complex (Elmwood Jail) and the Sunnyvale Community Center, and found that: Defendant's employees are working on a project but are not paid prevailing wages as those workers do not appear i...

Excerpt: ...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 CLASS ACTION SETTLEMENT APPROVAL Generally, “questions whether a [class action] settlement was fair and reasonable, whether notice to the class was ...

Excerpt: ...ULES Defendants' demurrer. I. BACKGROUND As alleged in the operative complaint, Defendants own and operate a media‐sharing platform, YouTube (the “YouTube Platform”), which contains videos created by individuals and entities that have registered with YouTube and uploaded their videos to a “channel.” (Complaint, ¶ 2.) The YouTube Platform is accessible as a website at youtube.com (the “YT Website”), or as a mobile application or app...