Excerpt: ...n 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 28 October 2020. Please specify the issue to be contested when calling the Court and Counsel. Order On Specially Appearing Defendant Marcy Colkitt's Motion To Quash Service Of Summons For Lack Of Personal Jurisdiction I. Statement of Facts. Daisy Juntado ('Decedent") was born on 10 June 1941 and was approximately...

Excerpt: ...pposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 28 October 2020. Please specify the issue to be contested when calling the Court and Counsel. Order On Motion of Plaintiff to Amend Complaint. I. Statement of Facts. On June 6, 2018, Plaintiff Paul Dickson was allegedly caught in a cloud of pesticides while jogging next to a nearby winery, Miranda Wines. (Declaration of X. Diego Wu...

Excerpt: ...ainst defendants the Mountain Winery and Does 1–100. Although the property where Plaintiff fell is known as the Mountain Winery, the real party in interest who owns the property is Chateau Masson, LLC (“Chateau”). And, Plaintiff has since substituted general contractor Lexor Builders, Inc. (“Lexor”) for Doe 1. Chateau and Lexor now move for summary judgment of this negligence action. Lexor's motion is accompanied by a request for judici...

Excerpt: ...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. I. Legal Standards for Approving a Class Action/PAGA Settlement Generally, “questions whether a settlement was fair and reasonable, whether notice to the class was adequate, whether certification of the class was proper, and whether the attorney fee award was pr...

Excerpt: ... 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. I. Legal Standards for Approving a Class Action Settlement Generally, “questions whether a settlement was fair and reasonable, whether notice to the class was adequate, ...

Excerpt: ...cifically a four‐year/50,000 mile bumper‐to‐bumper warranty, and a four‐year/50,000 mile power train warranty. (Id., ¶ 9.) During the warranty period, the Vehicle contained or developed numerous defects. (Id., ¶ 10.) Defendants have been unable to service or repair the car to conform to the warranties, and have failed to comply with their statutory obligation to replace the Vehicle or make restitution. (Id., ¶ 60.) Plaintiff alleges th...

Excerpt: ...iff made to Nguyen. In March 2018, Nguyen asked Plaintiff to lend her $70,000 so she could pay her brother's tuition. (FAC, ¶ 7.) Nguyen represented that her brother would 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 pa...

Excerpt: ...e car for repairs. Instead of informing Plaintiff of the collision, SF Exotic tried to conceal the occurrence of the collision and associated damage to the car. Plaintiff alleges SF Exotic took his Ferrari to a nearby body shop operated by defendant Anthony's Auto Craft, Inc. (“Anthony's”). According to Plaintiff, Anthony's is not a collision shop that has been officially approved and authorized by defendant Ferrari North America, Inc. Anthon...

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 19 October 2020. Please specify the issue to be contested when calling the Court and Counsel. Orders On: Motions Of 1. Defendant To Be Relieved From Deemed Admissions; and 2. Plaintiff's Motion to Deem Request For Admissions To Be Admitted. This complaint was filed on 4 May 2017. This action is a Rule of Court 3.740 Lim...

Excerpt: ...RODUCTION This action arises out of various alleged Labor Code violations. The Complaint, filed on August 30, 2018, sets forth a single cause of action for civil penalties under the Private Attorneys 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 General Act (“PAGA”).2 Plaintiff Shawn Smith (“Plaintiff”) and defendant Homeguard, Inc. (“Defendant”) have reached a settlement. Plaintiff moves for approval of...

Excerpt: ... According to the allegations of the Second Amended Complaint (“SAC”), filed on June 12, 2020, plaintiff Brady Esch (“Esch”) (no longer a party to this action) is trained as a mechanical engineer and a materials scientist and engineer. (SAC, ¶ 20.) Esch was hired on August 2, 2004, to work for VNUS Medical Technologies (“VNUS”) at its San Jose, California facility. (Id. at ¶ 21.) On May 8, 2009, VNUS was acquired by defendants Covid...

Excerpt: ...ing before the Honorable Patricia M. Lucas on October 28, 2020 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a construction defect action. According to the allegations of the Second Amended Complaint (“SAC”), filed on April 4, 2018, plaintiff Axis Homeowners Association (“Plaintiff”) is a common interest development that includes owners of condominium units, buildings, 2 1 2 3 ...

Excerpt: ...1867 TENTATIVE RULING RE: MOTION TO QUASH; MOTION TO SEAL The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on October 28, 2020 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 action arises out of alleged trade secret misappropriation. The Fourth Amended Complaint, filed on May...

Excerpt: ...ed to practice law in California. (Complaint, ¶¶ 1 & 9.) On October 19, 2017, Plaintiff entered into a written fee agreement with Betak whereby Betak agreed to pay for Plaintiff's legal services. (Id. at ¶¶ 2‐3, 22, 55, & Ex. A.) The agreement provided that Plaintiff would provide legal services in connection with Betak's claims against defendants Electric Motor Werks and Valery Miftakhov. (Id. at Ex. A.) Under the terms of the agreement, B...

Excerpt: ...ation with a principal place of business in Dallas, Texas. (See Muthukalai decl., ¶ 2.) The subject contract was to be performed entirely in California by a California resident and MAE's consultant, defendant Rohanreddy Thummala (“Thummala”). (See complaint, ¶ BC‐1; see also Muthukalai decl., ¶¶ 3‐6; see also Muthukalai decl., exh. 2.) According to MAE, Thummula is unrelated to the dispute between it and Photon. (See Adamson decl., ¶...

Excerpt: ...According to the allegations of the complaint, Plaintiff Jack Wang (“Plaintiff”) is a lawyer and entrepreneur who has extensive experience in the bitcoin and cryptocurrency industry and resides in California. (Complaint, ¶¶ 3 & 11.) In 2010, Windus Partners, a partnership, was started by Plaintiff, defendant Steve Byun (“Byun”), and nonparty Andrew Kim as equal partners.1 (Id. at ¶¶ 5 & 13.) Wang eventually left Widus Partners in mid�...

Excerpt: ...his medication “put her life in jeopardy.” F. Procedural Based on the foregoing allegations, Plaintiff filed the FAC on May 2, 2018, asserting a single claim for professional negligence. On July 31, 2020, Defendant filed the instant motion for summary judgment. Plaintiff opposes the motion. VIII. Defendant's Motion for Summary Judgment A. Burden of Proof “A defendant seeking summary judgment [or adjudication] must show that at least one ele...

Excerpt: ...nd CR Realty & Mortgage Corporation (“CR”), a licensed real estate company, represented Plaintiff. (Id., ¶ 9.) Sellers were represented by Alan Huynh and KW Silicon City (“Sellers' Agents”). (Id., ¶ 9.) Escrow ultimate closed on October 8, 2015, with Plaintiff purchasing the Property for $1.4 million. (Id. and Exhibit A.) Prior to close of escrow, Plaintiff visited the Property and noticed the basketball court located in the backyard ha...

Excerpt: ...el), Kenneth Robinson, Bonnie Robinson (collectively, “Buyers”), Anthony Dariano, and Alexa Andrea Ingram‐Cuachi as Trustee of the Old Santa Cruz Revocable Trust dated January 13, 2015 arises from Sellers' attempts to build an access road. Plaintiffs/Sellers filed their initial complaint on May 24, 2017 to quiet title and prevent interference with an access easement that runs from their property (“Sellers' Property”) through land they r...

Excerpt: ...”). Prior to purchasing the Property, Gurmail and Defendants agreed that he would own a 50‐percent interest in the Property—which would be held in trust by Gurmail's father Gian and mother Mahinder—in exchange for paying 50 percent of the mortgage and property taxes. Gurmail alleges that while he paid his share of the mortgage and taxes on the Property, Defendants failed to hold his interest in trust and transferred it in 2019. The deed a...

Excerpt: ...fraud, based on allegations that the defendants conspired in a scheme to cheat their clients in order to evade millions of dollars in taxable income to their client John R. Sandell (“Sandell”). According to the allegations of the operative SAC, plaintiff Del Medio Associates IV, LLC (“Del Medio”) was formed as a general partnership in 1976 for the purpose of investing in real estate, and is primarily owned by members of Plaintiffs' extend...

Excerpt: ... 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 21 October 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON DEFENDANT APPLE INC.'S DEMURRER TO FIRST AMENDED COMPLAINT I. Statement of Facts. Plaintiff Trieu Pham (“Pham”), an American man of Vietnamese national origin and ancestry, worked for defendant Apple, Inc. (“Apple”) as an iOS App Reviewer (“App Reviewer”) from 13 Oct...

Excerpt: ...el of real property at 1034 Luther Avenue in San Jose, California (the “Property”). Although the FAC lacks clarity, Plaintiff does allege that Defendants falsely promised not to foreclose and to return the Property to him. Apparently, the Property was then sold in 2017 and again in 2018 and has appreciated significantly in value. Plaintiff takes issue with what transpired. Plaintiff also alleges that a settlement agreement attached to his com...

Excerpt: ...osing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 21 October 2020. Please specify the issue to be contested when calling the Court and Counsel. Order on Special Motion to Strike Pursuant to Code of Civil Procedure, § 425.16 by Defendant Ekaterina Berman. I. Statement of Facts. Plaintiff filed this complaint on 28 July 2020. 8 Ms. Berman is an attorney licensed to practice law in th...

Excerpt: ...at a record be filed under seal only if it expressly finds facts that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the...