Excerpt: ...to Sage, for specialist care to treat the animal's anorexia “with an esophageal to stabilize prior to surgery.” (Id. at ¶ 14.) When Plaintiff arrived at Sage she was told that they were busy, but also not to worry as the cat's condition was not urgent and was treatable. (Ibid.) Sage did not perform a physical exam on the cat. (Ibid.) Further, the cat did not receive timely, appropriate care, including esophageal feeding, or proper ICU monito...

Excerpt: ...on Lawrence by various doctors over the course of two days in March 2017. (TAC, ¶¶ FR‐2, FR‐5, IT‐1, & GN‐1.) Plaintiffs allege that they did not consent to the procedures, they were misled as to who would conduct the procedures, and the doctors failed to adequately treat and obtain care for Lawrence. (Id. at ¶¶ FR‐2, FR‐3, FR‐4, IT‐1, & GN‐ 1.) As a result, Plaintiffs suffered injuries. (Id. at ¶¶ 11, FR‐6, IT‐1, & GN...

Excerpt: ...at a facility in San Jose, and Deschryver as hospital administrator neglected him while he was in their care. According to Plaintiff, he was readmitted to the hospital in July 2019 due to a colon rupture that presented shortly after he had spine surgery the week before. (Compl., ¶¶ 24–26.) Plaintiff alleges Defendants knew he was reliant on them for basic needs because, among other things, he was paralyzed from the neck down. (Compl., ¶ 27.)...

Excerpt: ...and. According to the allegations of the Complaint, Defendant is a California community college district located in San Jose, encompassing more than 300 square miles of land. (Complaint, ¶ 10.) Republic is a property developer who currently owns or controls over 2,300 multi‐family units in San Jose and on the Peninsula. (Id., ¶ 15.) On March 30, 2018, the District and Plaintiff entered into a written Excusive Negotiation Agreement (“ENA”)...

Excerpt: ...reach of Contractual Duties and Common Law Fiduciary Duties of Loyalty and Care,” and; 2) “Breach of Contractual Duty of Entire Fairness,” against nominal defendant TEEC Angel Fund L.P. and against Defendant TEEC Angel Management LLC (a California limited liability company which is alleged to be the “sole general partner” of TEEC Angel Fund L.P.) and Defendant Eugene Zhang (who is alleged to be the managing member of TEEC Angel Manageme...

Excerpt: ...s tentative ruling as follows: I. INTRODUCTION This is a putative class action arising out of various alleged Labor Code violations. The Complaint, filed on October 23, 2018, sets forth the following causes of action: (1) Failure to Pay Wages Owed Including Overtime Pay; (2) Failure to Pay Wages for Missed Meal Periods; (3) Failure to Pay Wages for Missed Rest Periods; (4) Failure to Reimburse Business Expenses; (5) Failure to Provide Accurate It...

Excerpt: ... subd. (e).) Plaintiffs oppose the demurrer. I. Allegations of the Operative Complaint Google owns and programs the most popular mobile platform in the world, the Android operating system. (Amended Complaint, ¶ 17.) Android works on a variety of mobile devices, including smartphones and tablets. (Ibid.) Many of the most popular mobile device manufacturers preinstall Android and a suite of Google's mobile applications, or “apps,” on devices t...

Excerpt: ...sues its tentative ruling as follows: I. INTRODUCTION This is a putative consumer class action. Plaintiffs Adam D.K. Abelkop and Katherine G. MacDonald (collectively, “Plaintiffs”) represent a putative class of former and present tenants of defendant The Sobrato Organization (“Sobrato”), which owns and operates thousands of apartment units in California. (First Amended Complaint (“FAC”), ¶ 12.) Defendant Alliance Communities, Inc. (�...

Excerpt: ... States, including in Santa Clara County. (SAC, ¶ 3.) Plaintiff was employed by defendant in Santa Clara from November 2, 2017 until his employment was terminated on September 14, 2018. (Id., ¶ 4.) He alleges that defendant failed to provide employees with accurate itemized wage statements: specifically, when employees were paid commission wages, defendant's wage statements did not identify the accurate pay period start and end dates for which ...

Excerpt: ..., 2020 at 9:00 a.m. in Department 3. The court now issues its tentative ruling as follows: IV. INTRODUCTION This is a putative class action arising out of various alleged wage and hour violations. The Class Action Complaint for Damages, filed on February 14, 2018, sets forth causes of action titled: (1) Violation of California Labor Code §§ 510 and 1198; (2) Violation of California Labor Code §§ 26.7 and 512(a); (3) Violation of California La...

Excerpt: ...20 at 9:00 a.m. in Department 3. The court now issues its tentative ruling as follows: VII. INTRODUCTION This is a putative class action arising out of various alleged Labor Code violations. The Sixth Amended Complaint, filed on October 2, 2018, sets forth the following causes of action: (1) Failure to Pay Meal Periods; (2) Failure to Provide Rest Periods; (3) Failure to Pay Overtime Compensation; (4) Failure to Provide Accurate Wage Statements; ...

Excerpt: ...ual was employed as a Registered Nurse by defendant at its facility in Tracy from about November 2016 until February 5, 2019. (FAC, ¶ 8.) Plaintiff Arturo Fonseca was employed by defendant as a chemotherapy dialysis technician in Morgan Hill and Gilroy from about September 2009 until his resignation on January 21, 2019. (Id., ¶ 9.) Both plaintiffs were nonexempt employees. (Id., ¶ 8.) Plaintiffs allege that when they and other employees worked...

Excerpt: ... employee from approximately November 2017 through January 3, 2018. (First Amended Complaint (“FAC”), ¶ 19.) He alleges that he and other seasonal employees were not provided with required meal and rest periods due to Costco's policies of not scheduling breaks as part of each work shift, understaffing each shift and imposing so much work on employees that they were unlikely to take their breaks, and having no formal written meal and rest per...

Excerpt: ... No. 2017‐1‐CV‐306507 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 The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on July 17, 2020 at 9:00 a.m. in Department 3. The court now issues its tentative ruling as follows: XI. INTRODUCTION This case arises out of a patent ownership dispute. According to the allegations of plaintiff Zeno Semiconductor Inc.'s (“Plaintiff” or...

Excerpt: ...now issues its tentative ruling as follows: I. INTRODUCTION This action arises out of alleged trade secret misappropriation. The Fourth Amended Complaint, filed on May 18, 2020, sets forth the following causes of action: (1) Breach of Contract; (2) Breach of the Covenant of Good Faith and Fair Dealing; (3) Unfair Business Practices; (4) Intentional Interference with Contractual Relations; (5) Intentional Interference ‐ 2 ‐ 1 2 3 4 5 6 7 8 9 1...

Excerpt: ...nd Procedural Background The operative complaints in each action1 assert claims for breach of contract and common count arising from Cisco's alleged breaches of various Statements of Work with InESS following Cisco's conclusion that InESS had participated in a fraudulent scheme with a Cisco employee. Cisco filed an answer and cross‐complaint in both actions, naming InESS's founder and CEO Souvami Sundareson, former Cisco employee Bhikha, and Bh...

Excerpt: ...ld through a dealership. ABS alleges that Abdo and the other defendants breached their agreements with ABS by failing to pay for titles to numerous vehicles in their possession and made false representations regarding their intention to make such payments so as to induce ABS to grant them possession of those vehicles. B. Procedural ABS initiated this action in August 2017 in Orange County. It was subsequently transferred to this Court in July 201...

Excerpt: ... non‐profit corporation status for the Association as early as February 6, 2018, and on March 27, 2018, Jin filed Articles of Incorporation of a Nonprofit Public Benefit Corporation, form ARTS‐PB‐501(c)(3), with the California Secretary of State. (See FAXC, ¶¶ 11‐12.) On June 25, 2018, Jin filed a Statement of Information with the California Secretary of State, listing Yaning as CEO, and Jin as Secretary and Chief Financial Officer (CFO...

Excerpt: ...ay Wages; 6) Common Count; 7) Violation of Labor Code §203; 8) Conversion; 9) Violation of Labor Code §2802, and; 10) Unfair Competition. Currently before the Court are Plaintiff's separately filed motions to compel 1) further responses to requests for production of documents (“RFPDs”) from Defendant ViewRay Technologies, Inc., filed February 18, 2020 and originally set for hearing on May 5, 2010, and; 2) further responses to form interroga...

Excerpt: ... ¶7.) Plaintiff Rad and defendant Pakdaman entered into a written fee agreement on August 1, 2017. (Id.) Pursuant to the written agreement, plaintiff Rad agreed to represent defendant Pakdaman in the Underlying Action and defendant Pakdaman agreed to pay plaintiff Rad legal fees for services rendered on behalf of defendant Pakdaman calculated at the normal hourly rates and agreed to reimburse plaintiff Rad for costs incurred. (Complaint, ¶8.) D...

Excerpt: ...rly 2014, defendant Pixel Mags, Inc. (“Pixel Mags”), a digital content distribution company, was in need of capital and contacted Plaintiff for a loan. (Id., ¶¶ 19‐20.) On February 14, 2014, Pixel Mags and Plaintiff came into agreement on terms and entered into various written agreements pursuant to which Plaintiff promised to loan Pixel Mags up to approximately $750,000 upon request, subject to certain terms and conditions. (Id., ¶ 20, ...

Excerpt: ...arted working at Eat Club in February 2017, she learned of many wage‐and‐hour violations and reported these violations to the company's management. (Compl., ¶ 12.) In December 2017, Eat Club hired Tran to overhaul its employment policies and practices. (Compl., ¶¶ 13–18.) By March 2018, Tran had developed orientation and separation processes, an employee handbook, and performance review procedures, but she continued to receive pushback f...

Excerpt: ...ny party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 13 July 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON PLAINTIFF'S MOTION TO BIFURCATE TRIAL OF CROSS‐COMPLAINT I. Statement of Facts. Plaintiff City of Santa Clara (the “City”) filed an eminent domain action against Defendant D.E. II Restaurants, Inc. (“D.E. II Restaur...

Excerpt: ...ated at 2142 The Alameda in San Jose (“Subject Property”). (Complaint, ¶¶ 7 & 15.) Defendant Esther Bright is the chief executive officer as well as an operator, owner, and member of Coachella Valley Church. (Id. at ¶ 15.) Defendant Jennifer Prescott is the chief financial officer as well as an operator, owner, and member of Coachella Valley Church. (Ibid.) Defendant Andrew Prescott is the secretary as well as an operator, owner, and membe...

Excerpt: ... offered to repair plumbing and perform maintenance at two rental properties owned by Plaintiff. He refused compensation for his work, but Plaintiff brought him coffee and helped with his laundry as a gesture of gratitude. In March 2017, Defendant was laid off from his local construction job. He absconded to his primary residence in Placerville—which he shared with his long‐term partner or spouse—without paying rent to Plaintiff and finishi...