Excerpt: ...ER THIS CONTRACT, IN ANY CLAIM ARISING OUT OF THIS CONTRACT OR ITS BREACH, SHALL BE SUBMITTED TO BINDING ARBITRATION UPON THE WRITTEN REQUEST OF ONE PARTY AFTER THE SERVICE OF THAT REQUEST ON THE OTHER PARTY. THE PARTIES SHALL APPOINT A RETIRED SUPERIOR COURT JUDGE LOCATED IN SANTA CLARA COUNTY TO HEREIN DETERMINE THE DISPUTE. IF THE PARTIES CANNOT AGREE, THEN THE PRESIDING JUDGE OF THE SUPERIOR COURT OF SANTA CLARA COUNTY SHALL CHOOSE A RETIRED ...

Excerpt: ...ide IJI design services for his project, which would later become known as Zoom. (FAC, '1 18.) The emails designated Yu as a "UI consultant" and his job was to provide his professional opinions and make recommendations for improving the product's IJI (the "Product Development Services"). (FAC, '1 20.) The emails also indicated that Yuan promised Yu a Stock-for-Product Development Services arrangement (the "Agreement"), which provided that Yuan wo...

Excerpt: ...threatening statements Defendant made to him after each assault. Plaintiff sought counseling over the years but has only recently realized how deeply the negative effects of these events have impacted him. Plaintiffs AC is detailed, revealing, and closes this way: My goal here is to find closure, compensation, for this to be a lesson for any victims out there that it is 0k to talk about it and they are due justice despite the time period since it...

Excerpt: ... residents of China, married in China in 2010 and began divorce proceedings in the country in 2019. (AC, "1 1, 2, 7, 8.) These proceedings concluded in 2021. (ld., 8.) Plaintiff alleges that Mr. Tuo "refused to divide and distribute the parties' [marital] properties located in the United States," which includes properties and assets in California, during divorce proceedings in China, and in doing so breached implied covenants between the parties ...

Excerpt: ...re to provde paid sick leave in violation of Labor Code 5246, (5) failure to provide accurate wage statements in violation of labor Code 5226(a), (6) failure to pay wages upon termination in violation of labor Code #201 and 202, (7) failure to reimburse business expenses in violation of Labor Code 52802, (8) conversion, and (9) violation of Business & professions Code 517200. These allegations were originally brought against Defendants, AJ's Rest...

Excerpt: ...tion In this case, plaintiff Jain Family Investments, LLC ("JFI") seeks to ræover an alleged loan to defendant Pawan Agrawal ("Agrawal"). After JFI sent a demand letter to Agrawal seeking repayment, Agrawal conducted an online search for a business litigation attorney and found the Structure Law Group, LLP ("SLG"). He called SLG and to Robin Ratner about a possible response to the demand letter, and he claims that he disclosed confidential infor...

Excerpt: ...ents, and committed other wage and hour violations. Now before the Court is Plaintiffs' motion for preliminary approval of a settlement, which is unopposed. As discussed below, the Court GRANTS preliminary approval, in light of a supplemental declaration from Plaintiff's counsel that addressed certain issues identified below. BACKGROUND Plaintiff was employed by Defendant from April 2008 to October 2020 as a nonexempt employee in various position...

Excerpt: ...to lead to admissible evidence. The phrase "relating to" is particularly extreme in its unbounded scope. Shojaee argues that he needs these documents in order to determine the total amount of vehicle sales while he was employed by MEI, so that he can properly calculate the commissions to which he believes he is entitled. MEI counters that it has already produced documents from its "Dealer Management Software" (DMS) system, including "gross sales ...

Excerpt: ...that plaintiffs' purchased. This motion is functionally identical to another moton filed by plaintiffs' counsel against GM in another case in this court (Case No. 22CV396285), except that other case involved a 2016 Chevrolet Silverado 1500, instead of a GMC Terrain. In that other case, the document requests at issue were identically numbered 37-41, and they likewise called for OBDII, vehicle symptom, vehicle component repair, customer complaint, ...

Excerpt: ...r deposition should wait until Defendant's health has recovered. Accordingly, Defendant asks that the motion be denied, that sanctions be denied, and that Defendant be allowed "ample opportunity" to address the Second Amended Complaint (SAC). First, the Second Amended Complaint does appear on the public portal and was filed June 26, 2020. Defendant answered the SAC on July 28, 2020. Defendant does not need to time to address the SAC as she alread...

Excerpt: ...orth causes of achon for: (1) Violation of 15 U.S.C. SS (FCRA); and (2) Violation of 15 U.S.C. SS and 1681g(c) (FCRA). On November 18, 2020, the court issued its Order Deeming Case Complex and Staying Discovery and Responsive Pleading Deadline, which stayed all discovery in this case. On June 4, 2021, Plaintiff filed the operative First Amended Complaint, which sets forth causes of action for: (1) Violation of 15 U.S.C. (FCRA); and (2) Violation ...

Excerpt: ..."Bridges l" I—against defendants Premier Nissan of San Jose, LLC ("Premier Nissan SJ") and Troy Duhon ("Duhon") (collectively, "Defendants"). According to the allegations of Plaintiff's individual complaint, Defendants failed to provide Plaintiff all meal periods to which they were entitled, pay meal period premiums, provide employees all rest periods to which they were entitled, pay rest period premiums, pay minimum wages for all hours worked,...

Excerpt: ...laint, filed by plaintiff Akimasia Walker ("Plaintiff") on January 20, 2023, sets forth a single cause of action for violation based on allegations that Defendant failed to timely pay wages, provde legally compliant meal and rest periods, pay wages during employment, reimburse necessary business expenses, pay wages due upon separation of employment, pay waiting tme penalties, furnish accurate wage statements, and maintain accurate records. Now be...

Excerpt: ..."FCRA") and violations of wage and hour laws. The Class Action Complaint, filed on July 27, 2020, sets forth causes of action for: (1) Violation of 15 U.S.C. SS 1681b(b)(2)(A) (FCRA); (2) Failure to Provide Meal Periods (Lab. Code SS 204, 223, 226.7, 512 and 1198); (3) Failure to Provide Rest Periods (Lab. code SS 204, 223, 226.7 and 1198); (4) Failure to Pay Hourly wages (Lab. code 223, 510, 1194, 1194.2, 1197, 1997.1 and 1198); (5) Failure to P...

Excerpt: ...irst 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 August 2023. Please specify the issue to be contested when calling the Court and Counsel. moooOoch3m Order On Defendant GE Appliance, Inc.'s Motion To Strike Prayer for Punitve Damages From Plaintiffs' Complaint. I. Statement of Facts. On 4 May 2022, decedent Leonid Samoylovich aka Joseph Dukhov...

Excerpt: ...EHA"); (2) Failure to Prevent and Correct Discrimination and Harassment in violation of FEHA; (3) Retaliation in violation of FEHA; (4) Retaliation in violation of California Labor Code section 1102.5; (5) harassment in violation of FEHA; (6) slander; and (7) libel. On April 13, 2020, Plaintiff filed a First Amended Complaint which added information to her prayer for relief. After over four years of litigation, pursuant to stipulation submitted o...

Excerpt: ...ff's Motion to Set Aside the Dismissal This case will be five years old in tweve days. It was originally calendared for a trial setting conference over a year ago, on July 12, 2022, at which plaintiff's counsel failed to ap#ar. The matter was then set for an order to show cause hearing regarding that failure to appear on December 1, 2022. Plaintiff's counsel failed to appear again, and the court (Judge Kirwan) dismissed the case without prejudice...

Excerpt: ...e. Any party opposing the tentatve ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 14 August 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motion of Plaintiff Jinju Zhang To Compel Defendants Benlin Yuan and Hong Lin To Provide Further Responses To Request For Production Set 1, Nos. 22 and 26 and Set 2, Nos. 34, 35, 37, 39, and 41 and Request ...

Excerpt: ...out of the alleged sexual abuse suffered by Plaintiff while she was a student at Evergreen Commun-ty College ("Evergreen"). According to the Complaint, in fall 2012, Plaintiff, who was sixteen years old at that time and participating in a cooperative program between ESUHSD and the College District, began taking a general psychology course at Evergreen taught by defendant Brad Carothers. (Complaint, "1 15, 18.) Carothers began paying special atten...

Excerpt: ...tive pleading and alleges that Kim and Lee were in a committed relationship from 1991 to 1997. (FAC, 8-9.) In 1997, Kim and Lee separated but reconciled in November 1999. (ld. at '1 11.) Lee moved in with Kim in November 1999, and Lee's minor children from a separate relationship moved in as their primary residence the following year. (ld. at 11-12.) On August 18, 2006, Kim and Lee held a wedding ceremony in Hawaii but did not file a marriage cer...

Excerpt: ...4.) SSH makes several additional representations on its website, including: that residential clients will live on-site and will be supervised 24 hours a day, 7 days a week; clients will be paired with a certified counselor; and that in addition to an individualized treatment plan, counselors and clients will work together to identify a discharge plan that supports long term recovery. (ld. at "15-17.) Many of SSH's potential clients and clients, i...

Excerpt: ...rty opposing the tentatve ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 9 August 2023. Please specify the issue to be contested when calling the court and counsel. ORDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT I. Statement of Facts. On or about 2 March 2020, plaintiff Michelle Lozada ("Lozada"), having entered for the purpose of visiting an inpatient, was an invitee at O'Connor Hospital ("Hospit...

Excerpt: ... damages and $193,315.36 in prejudgment interest against Sun. Judgment creditors are lessees and Cherry Blossom is the lessor of property at 2828 Monterey Road in San Jose in which Cherry Blossom is to receive month in "base rent" through July 31, 2025 and with an option through July 31, 2030. Additionally, section 4.1 of the lease defines "rent" as "[a]ll monetary obligations of Lessee under the terms of this Lease (except for the Security Depos...

Excerpt: ...committed other wage and hour violations. Now before the Court is Plaintiffs' motion for preliminary approval of a settlement, which is As discussed below, the Court will grant preliminary approval but requests that class counsel make certain minor modifications to the class notice. BACKGROUND Plaintiffs Walker and Peete began employment with Defendant in September 2019 and ended their employment in April 2022. (First Amended Class Acton Complain...

Excerpt: ...sued noncompliant wage statements, and committed other wage and hour violations. Now before the Court is Plaintiffs' motion for preliminary approval of a settlement, which is unopposed. As discussed below, the Court is inclined to grant preliminary approval, but the Court requests a supplemental declaration from Plaintiff's counsel regarding certain issues identified below. Additionally, the Court requests that certain changes be made to the noti...

Excerpt: ...f a settlement, which is unopposed. As discussed below, the Court is inclined to grant preliminary approval, butthe Court requests that, at the hearing on this matter, class counsel inform the Court regarding why the notice will not be translated into languages other than English. Additionally, the Court requests that certain changes be made to the notice. BACKGROUND Plaintiff was employed by Defendant as an hourly, non-exempt employee. (First Am...

Excerpt: ...r on August 27, 2021. He filed the operative first amended complaint ("FAC") on October 18, 2022. The FAC states three causes of action: (1) Breach of Contract (in reliance on Corporations Code secton 16801(3)); (2) Dissolution (pursuant to Corporations Code section and (C)); and (3) Accounting (pursuant to Corporations Code section 16403). Defendants filed an answer ("General Denial") to the FAC on November 9, 2022. Currently before the court is...

Excerpt: ...se' working with defendant David Howard Lichtenger ("Lichtenger") in April 2011. (Complaint, 13.) Weisel managed CA Residential Opportunity Fund LP ("CROF l"), a real estate investment fund, and was working to establish CA Residential Opportunity Fund II LP ("CROF II"), another such fund. (Ibid.) In Spring 2011, Weisel became a second "Manager" for Integrity Homes, LLC, a company founded by Lichtenger in (Ibid.) Weisel and Lichtenger subsequently...

Excerpt: ... name "Findora." In Case No. 2KV372622 ("Ab-ttan"), Temujin alleges that Defendants and Crosscomplainants Ariel Abittan, Benjamin Fisch, and Charles Lu conspired to: (a) assert a false claim of ownership of its business; (b) misappropriate its trade secrets; (c) usurp and interfere with control over its assets, such as social media accounts; and (d) interfere with its relationships with investors and business partners. Mr. Abittan, a former busin...

Excerpt: ... filed in federal court. Plaintiff opposes the motion. After reviewing the record, the Court makes the following order: 1. "Where a plaintiff brings suit in California, the potential applicability of a contractual forum selection clause is raised by the defendant through a motion to dismiss on grounds of forum non conveniens." (Bushansky v. Soon-Shiong (2018) 23 Cal.App.5th 1000, 1005.) That is what Defendant has done. "California favors contract...

Excerpt: ...cuments estimating 104 aggrieved employees and 1074 payroll #riods (8/30/2020 — 6/17/22) to be at issue. No formal discovery was conducted and subsequently, the Parties entered into a Joint PAGA Settlement Agreement that was approved on March 3, 2023. Pursuant to the agreement, Defendant was required to pay a Gross Settlement Amount of $95,cm.W, one-third of which was allocated for Counsel Fees. Given that the Partes were uncertain about the ex...

Excerpt: ...lations. Before the Court is Defendants' motion to compel arbitration of Plaintiffs individual PAGA claim and to stay this action pending resolution of the arbitration. Plaintiff opposes the motion, arguing the arbitration agreement names the wrong employer and that the Federal Arbitration Act does not apply to the agreement. For the reasons discussed below, the Court GRANTS Defendant's motion. l. BACKGROUND As alleged in the operative complaint,...

Excerpt: ...s") agreed that KFEI would serve as a nonexclusive distributor of Cypress products to Japanese companies and their affiliates. On November 25, 2019, KFEI filed a complaint against Cypress, alleging claims for: (1) Breach of Contract; and (2) Breach of the Covenant of Good Faith and Fair Dealing. On September 10, 2021, KFEI filed a First Amended Complaint against Cypress, which set forth the following causes of action: (1) Breach of Contract; and ...

Excerpt: ...ds of products from Defendant in an amount exceeding $10,000,000 between September 2017 and September 2018. (Second Amended Complaint ("SAC"), 4-15.) The products included the Fortinet FortiGate models FG-201E, FG-500E, FG- 6000, FG-1500D, FG-3200D, and FG-3960E; Fortinet FortiSwitch models FSW-248D, FSW-248D-FPOE, FSW- 248E-FPOE, FSW-448D, FSW-448D-FPOE, and FSW1024D; and network management software including FortiManager, FortiAnalyzer, and For...

Excerpt: ...s forth causes of action for: (1) Failure to Pay All Minimum Wages; (2) Failure to Pay All Overtime Wages; (3) Meal Period Violations; (4) Rest Period Violations; (5) Wage Statement Violations; (6) Failure to Timely Pay Wages During Employment and Upon Termination; (7) Unfair Competition; and (8) PAGA Penalties. The parties have reached a settlement. Plaintiff Anicia Cisneros ("Plaintiff") now moves for preliminary approval of the settlement. The...

Excerpt: ...forth the following causes of achon: (1) Meal and Rest Break Violations (Labor Code SS 200, 226.7, and 512, and 12 C.C.R. S 11040; (2) Failure to Pay Minimum Wage and Overtme (Welfare Commission Orders and Labor Code SS 510 and 1194); (3) Failure to Provide Proper Wage Statements and Maintain Accurate Records (Labor Code SS 226 and 1174); (4) Unfair Business Practices (Business and Professions Code S 17200, et seq.); (5) Failure to Pay Wages at t...

Excerpt: ...tentatve ruling as follows: l. Background A. Factual This is an action by the County of Santa Clara (the "County") to abate dangerous conditions on real property located at 4140 Canada Road in Gilroy (the "Property"). According to the allegations of the Complaint, the Property consists of 40 acres of agricultural land and contains numerous decommissioned or dilapidated agricultural buildings dating to its past use as a chicken farm. (Complaint, 1...

Excerpt: ...pute. According to the allegations of the Complaint, Plaintiffs are joint owners of a duplex located at 2171 and 2173 Pacina Drive in San Jose (the "Property"). (Complaint 1.) Plaintiffs live in 2173 Pacina Drive and Vargas lives in 2171 Pacina Drive. (Complaint, 3, 4.) Mendoza is Vargas' former spouse. (Complaint, '12.) In September 2006, Plaintiffs, along with Vargas and Mendoza, purchased the Property together. (Complaint, 5.) Plaintiffs did n...

Excerpt: ...lic Health Department's public health order, dated December 28, 2021, requiring public employees in "Higher-Risk Settings" to receive COVID-19 vaccines and any available boostersl in order to continue working. Plaintiffs do not dispute that they fall within the category of public workers in "Higher-Risk Settings." A. The Original Complaint Plaintiffs filed their original complaint on May 27, 2022, stating two causes of acton: (1) Violation of the...

Excerpt: ... was dismissed on December 27, 2022, after the parties executed a settlement agreement ("Agreement") on July 29, 2022. Plaintiffs filed the complaint in this action on January 17, 2023. It states three causes of action, all based on the Agreement: (1) Breach of Contract; (2) Breach of the Implied Covenant of Good Faith and Fair Dealing; and (3) Restitution (alleging that Defendants have "unfairly benefited" and been "unjustly enriched" as a resul...

Excerpt: ...ecember 16, 2022 opinion reversing the judgment in this case, including its instructions on remand, this court agrees with plaintiffs. Accordingly, the court DENIES the motion to compel and GRANTS the motion for protective order. GBR's motion and its opposition to plaintiffs' motion are premised on the notion that because the Court of Appeal did not explicitly direct an entry of judgment of liability in fawr of plaintffs after the retrial that it...

Excerpt: ... motion for summary judgment. I. Factual and Procedural Background According to allegations of the Complaint, Plaintiff began working as an office manager for Defendants in August 2015. (Complaint at p. 1:25.) Plaintiff performed administrative tasks and other duties, including editing vocational evaluation reports. (ld. at p. 2:4-5.) Simon and others provided Plaintiff with letters of recommendation supporting her endeawrs to enter the industry ...

Excerpt: ... negligence, after the procedure, he sustained a serious fall with loss of consciousness and physical injury while still on the premises. (Ibid.) Pourshams initiated this action on February 5, 2021, with the filing of the Complaint, for personal injury. On February 16, 2021, he filed the FAC, which asserts a claim for general negligence. On March 24, 2023, El Camino filed the instant motion. On July 25, 2023, Pourshams filed his opposition. on Au...

Excerpt: ...ny party opposing the tentatve ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 02 August 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order On Motion Of Plaintiffs For Summary Judgment Or In The Alternative Summary Adjudication Of Issues. l. Statement of Facts. Plaintiffs Shirley L. Long, Ding GWO Long, Kan T. üJng, and Charlben Long (collectively, "...

Excerpt: ...case back to "limited," and an order vacating the grant of the anti-SLAPP motion. Plaintiff Midland Credit Management, Inc. ("MCM") now brings four motions to compel further discovery responses from defendant/cross- complainant Merciditas Vergonio ("Vergonio"), all filed on the same date. For the most part, these motions and their four supporting memoranda are nearly identical, with the majority of the text in each document simply cut and paste f...

Excerpt: ...Street Offices, LLC ("40MSO") (collectively, "the Sorensens" or "Defendants"). According to the complaint, in 2007, the Sorensens raised $2,840,000 to purchase commercial property for redevelopment located at 40 Main Street in Los Altos, California, upon which a one-story office building stood. (Complaint at 9.) At the time, Packard was serving on the Los Altos City Council. (Ibid.) The Sorensens prepared and used an investment prospectus that ma...

Excerpt: ... failed to provide accurate itemized wage statements, in addition to other wage and hour violations. As a result of these violations, the First Amended Complaint includes causes of action for: (1) failure to pay minimum wage; (2) failure to pay overtime wages; (3) failure to provide meal periods; (4) failure to permit rest breaks; (5) failure to reimburse business expenses; (6) failure to provide accurate, itemized wage statements; (7) failure to...

Excerpt: ...tiff to introduce evidence that the costs were reasonable and necessary." (Reply at p. 1:4-27.) This argument is based on a clear misreading of the case law. In the context of a memorandum of costs, a moving party makes a "proper" objection only if the items appearing in the memorandum do not appear to be allowable charges under Code of Civil Procedure section 1033.5 on their face. (See Hooked Media Group, Inc. v. Apple Inc. (2020) 55 Cal.App.5th...

Excerpt: ...rrero authorized treatment for the cat, was informed of the cat's medical condition, and ultimately elected not to pursue further treatment. (Ibid.) After her cat passed away, Guerrero began posting negative comments about Arch Vet on social media (Twitter). (ld. at 7.) Guerrero also published a review on Yelp, the online review platform: Rating this place when I wish I could just say what I need to say. It doesn't deserve a single star. The owne...

Excerpt: ...is is an action for various violations of the California Labor Code. On January 20, 2021, plaintff Nieto filed a representative action in Santa Cruz Superior Court (the "Nieto Action") pursuant to the Private Attorney General Act ("PAGA") against Cellco. He alleged Cellco violated various Labor Code provisions relating to the alleged failure to provide overtime pay, minimum wage, meal and rest breaks, accurate pay stubs, and business reimbursemen...