Excerpt: ... predecessor in interest, and it operated a drugstore at the leased premises for many years (most recently under the name CVS). In April 2016, in contemplation of relocating this drugstore, Longs executed a sublease with plaintiff Goodwill of Silicon Valley (“Goodwill”). (Compl., ¶ 7.) Longs and Goodwill agreed Goodwill would take over the space when Longs finished relocating its drugstore. (Compl., ¶ 7.) Two years later, in early 2018, Lon...

Excerpt: ..., ¶¶ 6, 12.) Tuyet and coworker and cross‐defendant Thy Vo (“Vo”) then scratched off numbers off one of the tickets which was not a winner. (See FAXC, ¶ 12.) Vo then asked Binh for permission to scratch off another ticket, and Vo scratched off the ticket, which was a winning ticket for $750,000. (Id.) Vo gave the ticket back to Binh, who presented it to the cashier and received a claim receipt stating that he won $750,000. (Id.) Binh sub...

Excerpt: ...t 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. The Complaint, filed on August 2, 2019, sets forth the following causes of action: (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 Discharge...

Excerpt: ...dant sells home renovation and design products and services and does business throughout California, including in Santa Clara County. (Class Action Complaint, ¶ 4.) Plaintiff was employed by Houzz as a non‐exempt employee from August 10, 2015 through December 6, 2018. (Id. at ¶¶ 7–8.) She alleges that she and other putative class members were not paid at least the minimum wage for all hours worked; were not paid the correct rates for overt...

Excerpt: ...uling as follows: I. INTRODUCTION This is a case for recovery of penalties under California's Private Attorneys General Act of 2004 (“PAGA”) based on various alleged wage and hour violations. The Complaint, filed on January 29, 2019, sets forth a single PAGA cause of action. The parties have now reached a PAGA settlement. Plaintiffs Adolph Cruz, Jarlath Reynolds, William Saldivar, and Xiang Yang (collectively, “Plaintiffs”) move for appro...

Excerpt: ...nt 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 awards. 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,...

Excerpt: ...The court now issues its tentative ruling as follows: I. THE AUGUST 7 ORDER AND SUPPLEMENTAL BRIEFING On Friday, August 7, 2020, this court entered an Order Re: Motion for Dismissal of Class Action (“Order”), which is incorporated herein. In the Order, the court declined to grant the joint motion to dismiss the class action based on the record evidence and ordered the Parties to proceed as follows: Based on this showing, the court cannot fulf...

Excerpt: ...its tentative ruling as follows: I. INTRODUCTION This is a putative consumer class action brought pursuant to the California Rosenthal Fair Debt Collection Practices Act (“RFDCPA”). Plaintiff Frederick Michele Brady (“Plaintiff”) seeks statutory damages against defendant Patenaude & Felix (“Defendant”) arising from its routine practice of sending initial written communications that fail to provide the “Consumer Collection Notice” ...

Excerpt: ...The court now issues its tentative ruling as follows: I. INTRODUCTION Plaintiff Tevita Tuifua (“Plaintiff”) filed this case as a putative class action, alleging various wage and hour violations. The Complaint sets forth the following causes of action: (2)3 Violation of California Labor Code Section 226; (3) Unlawful, Unfair, and Fraudulent Business Practices Pursuant to Business & Professions Code Section 17200, et seq.; and (4) Private Attor...

Excerpt: ... Home and Gilroy Funeral Home (collectively, “the Habings”), which entities purchased the Mt. Hope Memorial Park from Alderwoods Group, Inc. in 2004.2 In 1992, before the Habings purchased the cemetery, a decedent unrelated to Plaintiffs was incorrectly interred in one of the graves at their family's plot (grave 10) instead of in the neighboring double‐depth grave where the decedent and his wife were to be interred together (grave 8). (FAC,...

Excerpt: ... Give Life, Save Life Foundation), which is broadcast by defendant Poor Peoples' Radio, Inc. via its station KPOO. During Crawford's radio show, he discussed his relationship with Plaintiff and her personal information with defendant Loma Kaye Flowers, a licensed psychiatrist who occasionally appears on Crawford's show and who counseled Plaintiff and Crawford as a couple earlier in their relationship.5 Plaintiff asserts causes of action against t...

Excerpt: ...tory relief, among other things, arising out of the relationship between SCSA, which owns Levi's Stadium (the “Stadium”), and StadCo, which leases the Stadium from SCSA as the home of the San Francisco 49ers professional football team (the “49ers”). Stadium Manager manages and operates the Stadium and thus serves both SCSA and StadCo. According to the allegations of the operative FACC, on March 28, 2012, SCSA, as landlord, and StadCo, as ...

Excerpt: ...AC”), ¶12.) In or around 2003, Maintenance Inc. merged with a competitor, Industrial Janitorial Service and the two companies began operating under the name Industrial Janitorial Service (“IJS”). (Id.) When the companies merged, IJS was performing janitorial services throughout the country for various defendant Apple Inc. (“Apple”) retail stores, responsibilities which IJS assumed after the merger. (FAC, ¶13.) To sustain its image of ...

Excerpt: ...aintiff to compel Defendant to provide further responses to requests for production of documents, set one (“RPD”); and (4) the motion by Plaintiff to compel Defendant to provide further responses to form interrogatories, set one (“FI”). Factual and Procedural Background This is a lemon law action. According to the allegations of the complaint, on August 18, 2015, Plaintiff purchased a 2015 Cadillac Escalade vehicle (“Vehicle”) contain...

Excerpt: ...eged to be a property management company which acted as the broker for the rental and Defendant Robert Zuvela was the agent who completed the rental deal on behalf of Realty World. Plaintiff alleges that the pool was dangerous because “[t]he back‐yard swimming pool itself did not have a method of exiting the pool at the deep end.” (First Amended Complaint [“FAC”] at ¶¶15‐16.) Plaintiff further alleges that the Patel Defendants and D...

Excerpt: ...019, plaintiff Sarah Vaughn was admitted to Covia's facility; she was wheelchair bound, considered nonambulatory and required two people to assist in physical movement. (See FAC, ¶ 12.) Covia assigned Rodriguez to the care and custody of Plaintiff as a certified nursing assistant. (See FAC, ¶¶ 13‐14.) On June 9, 2019, Rodriguez sexually assaulted and battered Plaintiff. (See FAC, ¶ 15.) After Plaintiff reported the incident to Covia's direc...

Excerpt: ...ns of the SAC, Plaintiff attended the San Jose Sharks season opening hockey game against the Philadelphia Flyers on October 4, 2017. (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,...

Excerpt: ...Road and Keith Way in Morgan Hill. A house fronts Keith Way on the east side of the parcel while a commercial building occupied by tenant Enterprise Rent‐a‐ Car fronts Monterey Road on the west side of the parcel. South of Plaintiffs' land is a cluster of neighboring parcels that also span from Monterey Road on the west to Keith Way on the east, which parcels are the site of the new apartment complex planned, developed, and constructed by def...

Excerpt: ... prosecuting an underlying business litigation and fraud case for Mohebbi in its capacity as co‐counsel with the law firm of Holland & Schenone (hereinafter “RHHS”). Subsequently, Mohebbi filed an action against Plaintiff for legal malpractice, fraud, overbilling and other claims that arising out of the prosecution of the underlying business litigation and fraud case that gave rise to Plaintiff's claim. The two cases were consolidated under...

Excerpt: ...urance Company (“CIC”), along with Premier Claims Management, Inc. (“Premier”) for their refusal to indemnify and defend Apec in an underlying action for negligence and fraud arising from construction and repairs to a single‐family home (Brassfield v. Elias, case no. 17CV305267). The underlying action remains pending in Santa Clara County. In the operative First Amended Complaint (“FAC”) filed March 6, 2019, plaintiff Apec alleges c...

Excerpt: ...ing practice and form a new practice of their own. (FAC, ¶ 8.) The surgeons met defendant Blatz—then counsel for defendant Bay Area Surgical Management, LLC (“Surgical Management”)—through an acquaintance and hired him to assist with the formation and incorporation of their new practice, including the hiring of a practice manager that could provide billing and other management services. (FAC, ¶¶ 9–11.) Blatz provided inadequate legal...

Excerpt: ...the underlying complaint (“Complaint”), on November 16, 2011, plaintiff Beth Gray (“Gray” or “Plaintiff”) was seriously injured when she slipped and fell on the stairs leading to her room at the JRC. Plaintiff alleges that the stairs, which were wet when she fell and were made of a smooth stone material that became slick when wet, lacked “friction strips” and only had a handrail on one side. She further alleges that the lighting w...

Excerpt: ... company specializing in the contract manufacture of printed circuit boards used in electronic devices and their components. (Complaint, ¶¶ 11, 12.) At the time of formation, Malek was the sole shareholder. (Id., ¶ 13.) In January 2017, Malek agreed to transfer 15% of iTronix to Ma. (Id.) In 2012, Ma joined iTronix as an officer, and has officially been the company's CEO from 2017 through at least December 2019. (Complaint, ¶ 14.) At all rele...

Excerpt: ...the underlying complaint (“Complaint”), on November 16, 2011, plaintiff Beth Gray (“Gray” or “Plaintiff”) was seriously injured when she slipped and fell on the stairs leading to her room at the JRC. Plaintiff alleges that the stairs, which were wet when she fell and were made of a smooth stone material that became slick when wet, lacked “friction strips” and only had a handrail on one side. She further alleges that the lighting w...

Excerpt: ... which Hashemieh is the managing member—from nonparty GEX Management, Inc. Although Hashemieh initially welcomed Setco and acknowledged its new status as a member of the LLC, Hashemieh and Payroll Express subsequently refused to acknowledge Setco's membership and accompanying rights, including the right to distributions. According to Setco, Hashemieh claims the sale of GEX Management, Inc.'s interest to Setco is void. And so, Setco commenced th...