Excerpt: ...gations, the complaint asserts causes of action for: (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) unjust enrichment/restitution, (4) money had and received, and (5) violation of Business and Professions Code section et seq. Now before the Court is Plaintiff's motion for leave to file a first amended complaint. Defendant has opposed the motion and Plaintiff has filed a reply. DISCUSSION l. Legal St...

Excerpt: ...lowing causes of action: 1. VIOLATION OF LABOR CODE SECTION 1102.5 2. WRONGFUL TERMINATION IN VIOLATION OF PUBLIC POLICY The FAC alleges that Google employed Chatterjee as a senior engineering manager from 2018 to May 2022. (FAC, "1 10, 136.) As part of his duties, Chatterjee was responsible for evaluating the potential commercial use of a Google research project that developed design methtxls for the physical layout of computer chips ("Project M...

Excerpt: ...el C-5 quadriplegic" who "cannot walk, has significant manual dexterity impairments" and uses a wheelchair for mobility, went to the Chili's restaurant (the "Restaurant") located at the shopping center owned by Defendant (the "Property"). (FAC, 1, 3, 10.) Plaintiff intended to avail himself of the goods and services offered by the Restaurant, and his visit was also motivated by his desire to determine if Defendant complied with all disability acc...

Excerpt: ... was allowed to exist and left in disrepair. (Complaint, MC-025.) The City failed to barricade the area and/or warn of the dangerous condition, which resulted in the area becoming a dangerous condition. (Ibid.) As a result, Saabedra sustained serious injuries. (Ibid.) Saabedra filed the Complaint on November 17, 2022, asserting claims for general negligence and premises liabilityl . On March 28, 2023, the City filed the instant motion, which Saab...

Excerpt: ...Factual This is an action for violation of Title IX, among other things. According to the allegations in the SAC, for over fourteen years, San Jose State University's ("SJSU") head athletic trainer, Shaw, sexually abused countless female student-athletes during allegedly sports-related massages by inappropriately and without consent touching them in their private areas. (SAC, '1 1.) Plaintiffs suffered lasting humiliation and trauma as a result o...

Excerpt: ...ls ("Plaintiff") was hired by defendants Northrop Grumman Systems Corporation and Northrop Grumman Corporation (collectively, "Defendants") in May 2010 as an hourly, non- exempt employee. (Complaint, 10.) Plaintiff alleges that Defendants violated various wage and hour laws, including requiring Plaintiff and the putative class to go through security checks, failing to provide meal periods, failing to reimburse for business expenses such as the pu...

Excerpt: ... 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 (FCRA); (2) Failure to Provide Meal Periods (Lab. code 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 SS 223, 510, 1194, 1194.2, 1197, 1997.1 and 1198); (5) Failure to Pay vacation Wages (Lab. Code S 227.3); (...

Excerpt: ...EVIDENTIARY OBJECTIONS The court declines to issue a ruling on Galan Ramirez's evidentary objections because they are not material to the outcome of the summary adjudication motion. "In granting or denying a moton for summary judgment or summary adjudication, the court need rule only on those objections to evidence that it deems material to its disposition of the motion. Objections to evidence that are not ruled on for purposes of the motion shal...

Excerpt: ...intiff"), and defendant Mosaic Dance and Fitness, LLC ("Mosaic") entered into a written lease agreement (the "Lease Agreement"). (FAC at '1 7.) Under the Lease Agreement, defendant Mosaic agreed to lease certain premises located at 3595 Stevens Creek Blvd. in Santa Clara, California ("Premises"), for a term of approximately two (2) years and two (2) months, beginning on or about November 1, 2019, and ending on or about December 31, 2021. (Ibid.) ...

Excerpt: ...the original complaint in this action on January 4, 2019. According to the allegations of the operative first amended complaint ("FAC"), Plaintiffs operate pain management clinics. (FAC, 9, 19, 20.) They were in-network providers with Cigna for many years, until 2014. (ld. at '1 2.) After they left the Cigna network, Cigna allegedly required excessive medical records and documentation for each bill prior to payment. (ld. at 3.) According to Plain...

Excerpt: ...1. Relevant Background The parties had an arbitration in 2020 and 2021. The evidentiary hearing took place over the course of several days in June 2021, now more than two years ago. On November 10, 2021, the three-arbitrator panel from JAMS served its final award on the parties, awarding $83 million to Petitioners. On February 17, 2022, respondents Jeffrey Scharf and Sherril Smith-Scharf ("Respondents") filed a #tition in this court to correct th...

Excerpt: ...ble because Defendants did not initial the arbitration clause, as they claim is required under Business and Professions Code S 7191. That section requires a line or space "for the parties to indicate their assent or nonassent to the arbitration provision" and it also requires a notice provision advising of the rights waived by agreeing to arbitrate. CA Cade S 7191(b). There is no dispute that the contract at issue complied with the general requir...

Excerpt: ...ebruary 9, 2015, Plaintiff and Defendant entered into a written contact for the pre-planning of a multi story high rise residential building located in the City of San Jose (the City) downtown district. Defendant had experienced professional architects who could assist[] Plaintiff plan, design, and build project. The contract required Defendant to complete its work within five weeks. The contract price was $23,000, and the contract specified that...

Excerpt: ...the Contract Documents which in any way involve Subcontractor, shall be resolved by arbitration or litigation at the sole discretion of the Contractor, and any award or judgment entered theron shall be final and binding upon Subcontractor. The venue for any legal proceeding shall be held in the county and state where the project is located. Arbitration will be in accordance with the Constructon Industry Rules of the American Arbitration Associati...

Excerpt: ...ues its tentative ruling: l. Background According to the amended complaint ("FAC") for unlawful detainer to evict and obtain possession, Cross-complainants were tenants at 1315 San Damar Drive in Mountain View (the "Property") since March 27, 2015. (FAC, 3, 6.) On August 12, 2022, they were served with a 60-day notice to quit. (FAC, "1 9, 10.) The XC alleges the Property was sold to Cross-Defendants in July 2020. (XC, 1.) Crosscomplainants' tenan...

Excerpt: ...1.) Thereafter, defendants Nancy Kim and her brother, defendant Timothy Kim (collectively, "Defendants"), occupied the Subject Property. (ld. at '1 9.) On or about August 15, 2018, plaintiff Park and defendant Nancy Kim agreed to extend the lease term for an additional six months. (Complaint at '1 10.) Defendant Nancy Kim gave her brother, Timothy Kim, power of attorney to enter into a written lease extension. (Ibid.) The rent increased to $3,750...

Excerpt: ...g as follows: l. Background This is an action for breach of contract arising out of a commercial business relationship. According to the SAC, Plaintiff is in the business of acquisition and sales in the capital equipment secondary market, particularly hi-tech fabrication equipment. (SAC, '1 13; see Declaration of Sal Shafi in Support of Motion for Summary Adjudication ("Shafi Decl."), 2.) On November 16, 2016, Plaintiff and Defendants entered int...

Excerpt: ...the parties in this and the related matter before this Court have filed a variety of motions so that the Court is well acquainted with the two lawsuits and the allegations. Secondarily, the Court is disappointed that what is essentially a pleading motion has been filed many years after suit was filed, as to matters that might well have been addressed by demurrer or by a few specifically targeted contention interrogatories. The opposition papers a...

Excerpt: ...upervision. Plaintiff alleges he chose Defendant's office due to its proximity to Plaintiff's home, as Plaintiff is elderly and has poor vision, such that he prefers not to drive long distances. Plaintiff alleges Defendant made numerous errors and omissions in connection with his care and treatment. The most serious allegation concerns an event that took place on 9/02/21. Defendant assigned a new trainee phlebotomist to Plaintiff, and Defendant w...

Excerpt: ...upervision. Plaintiff alleges he chose Defendant's office due to its proximity to Plaintiff's home, as Plaintiff is elderly and has poor vision, such that he prefers not to drive long distances. Plaintiff alleges Defendant made numerous errors and omissions in connection with his care and treatment. The most serious allegation concerns an event that took place on 9/02/21. Defendant assigned a new trainee phlebotomist to Plaintiff, and Defendant w...

Excerpt: ...ity to amend as the Opposition raises several issues which are susceptible of amendment if Plaintiff can overcome the claim-presentation defect. (2) Defendants' Motion to Strike is MOOTED. ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On March 18, 2021, Plaintiff, Alan Hall (“Plaintiff”) filed a Complaint against Defendant, City of Lawndale (“Defendant”). On February 8, 2022, Plaintiff filed a First Amended Complaint (“FAC”). On Octob...

Excerpt: ...tiff's entire petition without leave to amend, and the petition is therefore dismissed. REQUEST FOR JUDICIAL NOTICE: Respondent's request for judicial notice is granted. BACKGROUND Petitioner brings this action against Respondent in relation to the Los Angeles County Department of Regional Planning's (“DRP”) evaluation and recommendation of conditions of approval in Petitioner's Conditional Use Permit (“CUP”) Application No. RPPL201900266...

Excerpt: ...ct to provide designs and obtain permits for a new clinic he was planning on opening at 1378 El Camino Real in Santa Clara. (Complaint, 8.) On October 31, 2021, Ma retained Defendants to complete the draw-ngs and obtain the permits. (Ibid.) The parties agreed that Ma would pay $7,000 and Defendants would provide schematic designs, design development, and construction documents for the space, which would have 3 treatment rooms with a reception are...

Excerpt: ...y 21, 2023, Defendant/Cross-Complainant THOMAS REYES, JR. (“Cross-Complainant” or “Reyes”) filed subject Second Amended Cross-Complaint (“SAXC”). The SAXC alleges, in pertinent part: “This Cross-Complaint centers around the fraud and breach of duties by Cross-Defendants to take control of Cross-Complainant's business and the Cross-Defendant's attempts to take Cross-Complainant's personal property that he created and owned before the...

Excerpt: ...n Plaintiff Aric Cho (Plaintiff) and Defendant Kye Hyun Lee (Defendant). On 11/7/22, Plaintiff filed his original complaint which was captioned as a complaint for “intentional bodily injury.” On 12/9/22, Plaintiff filed his First Amended Complaint which no longer includes the reference to “intentional bodily injury” in the caption. However, the First Amended Complaint is based on the same allegations as the original complaint. After Plain...

Excerpt: ...endant to file a responsive pleading within five days. Defendant appealed the ruling on the motion to quash, and the appeal was ultimately dismissed. On 5/23/23, the Court permitted Plaintiff to re-file the action as an unlimited civil action, and on 5/24/23, Plaintiff filed the operative First Amended Complaint. On 6/12/23, Defendant filed a demurrer to the FAC, which is set for hearing today. 2. Demurrer a. Legal Standard on Demurrer A demurrer...

Excerpt: ...signed multiple houses in different styles and provided photos of these designs to Li — representations confirmed by Zoran's wife, Elizabeth, in November 2021. (Complaint, '1 6.) Defendants represented that they had years of ex#rience in designing houses and working with the City of Palo Alto's zoning authorities to obtain new constructon and remodeling permits. (Ibid.) Defendants also represented that they carefully, honestly, billed their cli...

Excerpt: ...alleges the following relevant facts: “On April 22, 2020… Plaintiff IRENE LOPEZ TARIN, was walking on Pine Ave. and tripped an [sic] fell due to a dangerous condition in the form of severely uneven pavement.” (FAC Prem. L-1.) Plaintiff alleges that “Defendants and each of them negligently and carelessly owned, operated, managed, entrusted, designed, and maintained said premises as to cause bodily injury to Plaintiff.” (FAC GN-1.) The FA...

Excerpt: ...alleges the following relevant facts: “On April 22, 2020… Plaintiff IRENE LOPEZ TARIN, was walking on Pine Ave. and tripped an [sic] fell due to a dangerous condition in the form of severely uneven pavement.” (FAC Prem. L-1.) Plaintiff alleges that “Defendants and each of them negligently and carelessly owned, operated, managed, entrusted, designed, and maintained said premises as to cause bodily injury to Plaintiff.” (FAC GN-1.) The FA...

Excerpt: ...r PAGA for personally sustained violations and violations against other aggrieved employees. Except for specifically enumerated exceptions, the court must order the petitioner and respondent to arbitrate a controversy if the court finds that a written agreement to arbitrate the controversy exists. (See CCP §1281.2.) “In California, [g]eneral principles of contract law determine whether the parties have entered a binding agreement to arbitrate....

Excerpt: ...f the FEHA (employment discrimination); (2) Failure to Pay Wages Due and Owing (violation of Labor Code SS et seq.); (3) Breach of Contract; (4) Breach of the Implied Covenant of Good Faith and Fair Dealing; and (5) Unfair Competition. The FAC alleges that Stroud began working for Intermedia in December 2014 and that she resigned in January 2019. Previously, Intermedia brought a demurrer to the FAC's second, third, fourth, and fifth causes of act...

Excerpt: ...fiduciary duty, fraudulent inducement, intentional misrepresentation, breach of contract, and negligent misrepresentation. The cross-complaint arises out of the same business relationship that forms the basis of the complaint. 2. 2/14/23 Motion to Reopen Discovery On 2/14/23, the Court heard Plaintiffs' motion to reopen discovery. As it relates to today's motion, the Court ruled: Plaintiffs propounded a deposition subpoena for production of busin...

Excerpt: ...by Lawrence Moroso. The incident occurred on The Old Road in Newhall, California. Lawrence died as a result of the injuries. Plaintiffs allege Jacob Sanchez was operating the vehicle on behalf of employer, defendant Newegg. On August 5, 2021, Plaintiffs filed a complaint for Negligence, Negligent Hiring, Negligent Entrustment, Negligent Supervision, and Survival Action. On September 9, 2021, Distinct Cars answered the complaint. On September 17, ...

Excerpt: ...mended complaint (“FAC”). TENTATIVE RULING: The motion is denied. ANALYSIS The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. (Code Civ. Proc., § 436, subd. (a).) The court may also strike all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. (I...

Excerpt: ...than recount the long history of litigation, which has already been recounted multiple times in this case, the court simply refers to, and incorporates by reference, the court's prior orders of January 7, 2020 (issued by Judge Pierce), March 6, 2020 (judgment entered by Judge Pierce), September 24, 2020 (signed by Judge Barrett), and November 8, 2022 (signed by Judge Kirwan). Defendant Nordstrom, Inc. ("Nordstrom") requests that the court take ju...

Excerpt: ...fiduciary duty, fraudulent inducement, intentional misrepresentation, breach of contract, and negligent misrepresentation. The cross-complaint arises out of the same business relationship that forms the basis of the complaint. 2. 2/14/23 Motion to Reopen Discovery On 2/14/23, the Court heard Plaintiffs' motion to reopen discovery. As it relates to today's motion, the Court ruled: Plaintiffs propounded a deposition subpoena for production of busin...

Excerpt: ...with a grant date of January 1, 2020. (See complaint, "1 2-3.) The offer letter further states that the RSU grant shall be converted into "ordinary shares of YY Inc." subject to a conversation ratio of "10000/2774 (10000 RSU[s] equals 2774 ordinary shares of YY Inc.)." (See complaint, '13.) As of January 1, 2021, Plaintiff expected to have 5,091 shares in YY vested; however, instead, only 255 YY shares had vested. (See complaint, 4.) Plaintiff fo...

Excerpt: ...fiduciary duty, fraudulent inducement, intentional misrepresentation, breach of contract, and negligent misrepresentation. The cross-complaint arises out of the same business relationship that forms the basis of the complaint. 2. 2/14/23 Motion to Reopen Discovery On 2/14/23, the Court heard Plaintiffs' motion to reopen discovery. As it relates to today's motion, the Court ruled: Plaintiffs propounded a deposition subpoena for production of busin...

Excerpt: ...e opposes the motion, arguing that Hix and Fahn have shown an insuffic:ient basis for quashing the subpoena; alternatively, if Fahn is excused from testifying at trial, RealPage asks that her declaration and deposition testimony be excluded, as well. This is an unusual situation, because unlike most witnesses who seek to be excused from testifying for medical reasons, Fahn has already testified for 12 hours over the course of three days of deposi...

Excerpt: ...nuing to practice law until well into the case, and as a result, his prior attorney did little to prepare the case for trial. Plaintiff asks the Court to deduct from the five year statute the tme from when his attorney had a stroke to the present. The Court declines to do so. II. Legal Standard and Analysis Code of Civil Procedure secton 583.310 states: "an action shall be brought to trial within five years after the action is commenced against t...

Excerpt: ...ubsequently purchased a defective 2016 Chevrolet Traverse ("Subject Vehicle") that was manufactured and warranted by Defendant. (Complaint ("Compl."), 11- 12, 15.) The Subject Vehicle had nonconformities including, but not limited to, transmission and engine issues which substantially impaired the use, value, and/or safety of the Subject Vehicle. (ld. at "1 15-17.) On January 28, 2022, Plaintiffs filed the operative Complaint, asserting the follo...

Excerpt: ...mbiguous and unintelligible." After the filing of the instant motion, Defendant filed supplemental responses to the RFA's, repeating the objections as noted above. Although continuing to IINlge the objection, each supplemental response contained either an admission or denial, "without waiving said objections." Defendant's declaration asserts that Plaintiff refused to withdraw this motion upon the filing of the supplemental responses, on the groun...

Excerpt: ...r PAGA for personally sustained violations and violations against other aggrieved employees. Except for specifically enumerated exceptions, the court must order the petitioner and respondent to arbitrate a controversy if the court finds that a written agreement to arbitrate the controversy exists. (See CCP §1281.2.) “In California, [g]eneral principles of contract law determine whether the parties have entered a binding agreement to arbitrate....

Excerpt: ...ase arises from a dispute between an insurer and its insured. Plaintiffs Carney Shegarian and Shekar Family Trust I (the “Trust”) formed Plaintiff 32453 PCH, LLC (the “LLC”) to buy and own property located at 32453 Pacific Coast Highway in Malibu (the “Property”). (Undisputed Material Facts (“UMF”) No. 1.) The LLC purchased the Property for $7,775,000. (UMF No. 56.) To insure the Property, Shegerian's broker (Greg Saffer) worked w...

Excerpt: ...ase arises from a dispute between an insurer and its insured. Plaintiffs Carney Shegarian and Shekar Family Trust I (the “Trust”) formed Plaintiff 32453 PCH, LLC (the “LLC”) to buy and own property located at 32453 Pacific Coast Highway in Malibu (the “Property”). (Undisputed Material Facts (“UMF”) No. 1.) The LLC purchased the Property for $7,775,000. (UMF No. 56.) To insure the Property, Shegerian's broker (Greg Saffer) worked w...

Excerpt: ...g company. Market Street filed suit in May 2019, seeking among other relief the involuntary dissolution of MSD-DV and liquidation of real property assets. ay order dated November 6, 2019, the court (Hon. Peter Kirwan) granted AVID's motion to stay the prueedings and fix the value of Market Street's interest, under Corporations Code section 17707.03 and ordered the parties to supply a list of six appraisers from which the court would appoint the t...

Excerpt: ...rth 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 o...

Excerpt: ... forth causes of action for: (1) Failure to Pay All Wages; (2) Failure to Provide Meal Periods or Compensation in Lieu Thereof; (3) Failure to Permit Rest Periods or Provide Compensation in Lieu Thereof; (4) Knowing and Intentional Failure to Provide Accurate Itemized Wage Statements; (5) Waiting Time Penalties; (6) Failure to Reimburse Business Expenses; (7) Violations of Unfair Competition Law; and (8) Violation of the Private Attorneys General...

Excerpt: ...action: (1) Failure to Provide Meal Periods; (2) Failure to Permit Rest Breaks; (3) Failure to Provide Accurate Itemized Wage Statements; (4) Failure to Pay All Wages Due upon Separation of Employment; (5) Violation of Business and Professions Code SS 17200, et seq. ("UCL"); (6) Failure to Reimburse Business Expenses; and (7) Enforcement of Labor Code S 2698 et seq. ("PAGA"). The parties reached a settlement. Plaintiff Tracee Sheppard ("Plaintiff...

Excerpt: ...ornia Labor Code SS 510 and 1198 (Unpaid Overtime); (2) Violation of California Labor Code SS 226.7 and 512(a) (Unpaid Meal Period Premiums); (3) Violation of California Labor Code S 226.7 (unpaid Rest Period Premiums); (4) Violation of California Labor Code SS 1194, 1197, and 1197.1 (Unpaid Minimum Wages); (5) Violation of California Labor Code SS 201 and 202 (Final Wages Not Timely Paid); (6) Violation of California Labor Code S 204 (Wages Not ...