Excerpt: ...e July 3, 2017. (Complaint, ¶ 7.) On October 4, 2019, Plaintiff complained to his warehouse supervisor and the quality inspection supervisor about fumes he observed in the warehouse, both visually and by smell. (Id., ¶ 8.) Specifically, Plaintiff complained that the hot melt machine in the warehouse was creating dangerous fumes that were not being properly ventilated. (Id.) Plaintiff asked his supervisors how it could be fixed, but instead of m...

Excerpt: ..., 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 21 September 2020. Please specify the issue to be contested when calling the Court and Counsel. DEMURRER AND MOTION TO STRIKE TO THE SECOND AMENDED COMPLAINT. This matter is currently set for a Case Management Conference on 6 October 2020 at 10:00 am in this Department. This Court will entertain calendar issu...

Excerpt: ...t 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 21 September 2020. Please specify the issue to be contested when calling the Court and Counsel. DEMURRER TO THE COMPLAINT BY DEFENDANT SERGIO VON SCHMELING I. Statement of Facts. Plaintiffs Loban Willow Glen Properties, LP, Willow Glen Plaza, LLC and Willow Glen Plaza II, LLC (collectively, “Plainti...

Excerpt: ... According to the allegations of the operative First Amended Complaint (“FAC”), in April 2017, CrossComplainants and defendants Nathan Van and Huong Le aka Nancy Le (collectively, “Defendants”) held themselves out to Nguyen as registered franchisors of Blackball Taiwanese dessert restaurants in California. (FAC, ¶ 10.) They further represented to her that they had the right to act as a franchisor and that Nguyen would have exclusive righ...

Excerpt: ...5, 2018, Suzhou and Vitriflex entered into a memorandum of understanding for the M&A transaction plan in which Suzhou would loan Vitriflex $1.7 million through Plaintiff to keep the daily operation of Vitriflex. (Id.) On September 12, 2018, Plaintiff and Vitriflex entered into an Equipment Procurement Contract and Supplementary Contract to the Equipment Purchase Contract. (See FAC, ¶ 14, exh. A.) Plaintiff agreed to wire $1.7 million as a deposi...

Excerpt: ...y 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 (“Mulak”) was employed by Defendant as a tutor for five years. (Id. at ¶ 3.) Plaintiff Alexander Charles (“Charles”) has been employed by Defendant as a tutor since May 2018. (Id. at ¶ 4.) 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ...

Excerpt: ...h retail and outlet store locations throughout the United States, including in California. (Complaint, ¶ 10.) Plaintiff began working for defendant as an hourly non‐exempt employee in February 2003, and currently works at its outlet store in Gilroy. (Id., ¶ 8.) He alleges that defendant failed to include all non‐ discretionary remuneration, including bonuses and “spiffs,” in calculating employees' regular rate of pay for purposes of pay...

Excerpt: ...LIMINARY APPROVAL OF CLASS ACTION SETTLEMENT The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on September 16, 2020 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 and representative action arising out of various alleged wage and hour violations. The First Amended Complaint, filed on February 5, 2020, sets forth the following...

Excerpt: ...ants. Case No. 19CV354170 TENTATIVE RULING RE: MOTION FOR APPROVAL OF PAGA SETTLEMENT The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on September 16, 2020 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is an individual and representative Private Attorney General Act (“PAGA”) action arising out of various alleged wage and hour violations. The Com...

Excerpt: ...sband Peter V. Lunardi, III; (3) defendant and crosscomplainant Eric Swallow, a former business partner (“Swallow”); (4) cross‐defendant Patrick Tierney (“Tierney”); and (5) other defendants1 neither named in the cross‐ complaint at issue nor implicated in the proceeding currently before the Court. Before the Court is a motion to strike and demurrer to Swallow's third‐amended crosscomplaint (“TACC”) brought primarily by Tierney ...

Excerpt: ...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 16 September 2020. Please specify the issue to be contested when calling the Court and Counsel. DEMURRER TO THE FIRST AMENDED COMPLAINT BY DEFENDANTS DAVE KOEHLER AND TONY BAYARD DE VOLO DBA LEGAL REALTY. I. Statement of Facts. Plaintiffs filed this Complaint on 9 May 2019. 2 This is an action for elder abuse a...

Excerpt: ...rly Plaintiffs' investment in an EB5 visa program intended to provide them permanent residence status in the U.S. in exchange for financing a business in the country. According to the allegations of the Complaint, in 2012 Plaintiffs, who were Canadian citizens, were interested in becoming permanent residents of the U.S. (Complaint, ¶ 32.) One manner of doing so was through the U.S. Citizenship and Immigration Services (“USCIS”) Investor Pilo...

Excerpt: ... 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 16 September 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION OF PLAINTIFFS TO COMPEL DEFENDANTS TO RESPOND TOFORM INTERROGATORIES, SET 1; SPECIAL INTERROGATORIES, SET 1; AND REQUEST FOR PRODUCTION OF DOCUMENTS, SET 1. I. Statement of Facts....

Excerpt: ...tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 16 September 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON PLAINTIFF MANUHAR PILLAI'S MOTION TO SET ASIDE DISMISSAL. I. Statement of Facts. Plaintiff filed this complaint on June 19, 2019 regarding fraud. In the moving papers, counsel for plaintiff state: “The matter was filed and served in June ...

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 14 September 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION OF PLAINTIFF TO QUASH SUBPOENA FOR MEDICAL RECORDS. I. Statement of Facts. Plaintiff filed this complaint on 7 February 2018.8 Jury trial is currently set for 7 December 2020.9 On 3 December 2016,...

Excerpt: ...tion of emotional distress. In the third cause of action in particular, Plaintiff makes the following allegations about the collision. Plaintiff alleges she was driving in the center lane on southbound Highway 101 at a rate of approximately 65 mph when Defendant began engaging in aggressive conduct attributable to road rage. Defendant began tailgating Plaintiff, leaving only a few feet of following distance, before he abruptly changed lanes, pass...

Excerpt: ... of his family and it was agreed that his eldest sibling, Sze, and his sister, Shirley, would be Plaintiff's attorneys‐in‐fact and manage his personal and financial affairs due to his health issues. (Id.) Because of Shirley's proficiency in English, it was agreed that that she would manage a rental property (a duplex in Santa Clara) owned by Plaintiff (the “Property”). (Id.) It was further agreed that Shirley would become a representative...

Excerpt: ...rth 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 14 September 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON DEMURRER OF DEFENDANTS NRT WEST, INC., COLDWELL BANKER RESIDENTIAL BROKERAGE COMPANY, AND JEFF BELL TO FIRST AMENDED COMPLAINT I. Statement of Facts. Defendant Jeff Bell (“Bell”) was th...

Excerpt: ....) In January 2018, Plaintiff discovered discrepancies in Defendants' invoices and incomplete or defective workmanship. (See TAC, ¶ 20.) When Plaintiff was unable to amicable resolve the disputed invoices and receive adequate assurances that the restoration work would be done in an acceptable manner, Plaintiff retook possession of the vehicle and filed a complaint with the California Bureau of Automotive Repair. (Id.) The Bureau investigated the...

Excerpt: ...treet, 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 14 September 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON DEFENDANTS HIN & ANDERSON INC. DBA MAX MUSCLE'S; JAMES ANDERSON'S; AND VIMOL HIN'S DEMURRER TO PLAINTIFF'S COMPLAINT I. Statement of Facts. Plaintiff Milpitas Town Center 2008 L.P. (“Plaintiff”) i...

Excerpt: ...thority, Inc. for: (1) breach of contract; (2) common count; and (3) fraud. Before the Court is Xie's demurrer to the entire complaint on the ground of uncertainty and to the first, second, and third causes of action on the ground of failure to state facts sufficient to constitute a cause of action. (Code Civ. Proc., § 430.10, subds. (e), (f).) II. Demurrer In general, “a complaint must contain ‘[a] statement of the facts constituting the ca...

Excerpt: ...ODUCTION This is a putative class action and representative action arising out of various alleged wage and hour violations. The Second Amended Class and Representative Action Complaint, filed on July 30, 2020, sets forth the following causes of action: (1) Failure to Pay Minimum Wage; (2) Failure to Authorize and Permit Paid Rest Breaks and Pay Premium Pay; (3) Failure to Provide Off‐Duty Meal Breaks and Pay Premium Pay; (4) Failure to Issue It...

Excerpt: ...ETTLEMENT The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on September 9, 2020 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a coordinated action which includes two cases: Canez v. Milgard Manufacturing, Inc., et al., Riverside County Superior Court Case No. RIC1814387, filed on July 16, 2018, and Sydney T. Stewart v. Milgard Manufacturing, Inc.,...

Excerpt: ...t 3. The court now issues its tentative ruling as follows: I. INTRODUCTION According to the allegations of the Complaint filed on December 19, 2017, plaintiff Eric S. Nichols (“Plaintiff”) was hired by defendants Northrop Grumman Systems Corporation and Northrop Grumman Corporation (collectively, “Defendants”) in May 2010 as an hourly, nonexempt employee. (Complaint, ¶ 10.) Plaintiff alleges that Defendants violated various wage 2 1 2 3 ...

Excerpt: ...pany headquartered in San Jose. (FAC, ¶ 10.) Plaintiff was hired in November 2013 and over the course of the next six years held various positions in the company until he was terminated in December 2019. (Id., ¶ 11.) He alleges that Defendant wrongfully demanded that he not discuss concerns about his compensation with other employees on the grounds that doing so would be in violation of company policy. (Id., ¶ 15.) On June 25, 2019, Defendant ...