Excerpt: ...e of the business (“Commission”) upon any disposition of the business or if Plaintiff, AGOC, or any cooperating broker procured a buyer offering to purchase the Business. (Id.) The Agreement further provided that AGOC was to immediately pay Plaintiff the Commission if AGOC attempted to cancel the Agreement, withdraw the business from sale, refused or was unable to comply with the terms of the Agreement, entered into a contract disposing the b...

Excerpt: ...w issues its tentative ruling as follows: I. INTRODUCTION This is a class and representative action arising out of various alleged wage and hour violations by defendant Velodyne Lidar, Inc. (“Defendant”). The operative First Amended Complaint (“FAC”), filed on October 13, 2020, sets forth the following causes of action: (1) Failure to Pay Minimum and Straight Time Wages (Cal. Lab. Code §§ 204, 1194, 1194.2, and 1197); (2) Failure to Pay...

Excerpt: ...s is a putative class and representative action arising out of various alleged wage and hour violations. The original complaint was filed on May 13, 2020, on behalf of Jordan Olson. The operative Third Amended Complaint, filed on October 26, 2020, on behalf of Beniyam Kebeda, Alain Tsai, and Monica I. Pazmino (collectively, “Plaintiffs”), sets forth the following causes of action: (1) Failure to Pay Minimum Wages (Lab. Code §§ 1194, 1197.1 ...

Excerpt: ...ses out of the alleged misappropriation of trade secrets owned by plaintiff Tesla, Inc. (“Plaintiff”). The operative Fourth Amended Complaint, filed on September 29, 2021, sets forth causes of action for: (1) Violation of the Uniform Trade Secrets Act (Cal. Civ. Code § 3426 et seq.); (2) Breach of Contract; and (3) Violation of California Computer Access and Fraud Act (Cal. Pen. Code § 520 et seq.). 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ...

Excerpt: ...ct contains a provision for arbitration of any and all claims and disputes. On December 29, 2021, plaintiff filed complaint against dealership and defendant for violations of the Song‐Beverley Consumer Warranty Act Civil Code sections 1790 et seq. (“Song‐Beverly Act”) alleging three causes of action for violations of separate subdivisions of Civil Code section 1793.2 ‐ for failure to repair the vehicle to conform to express warranty and...

Excerpt: ...z (“Rodriguez”). (FAC, ¶ 22.) Rodriguez was approved, licensed, trained, supervised, and/or compensated by the County. (Ibid.) During his placement, Plaintiff was repeatedly sexually assaulted and abused by Rodriguez. (FAC, ¶ 23.) Rodriguez had care, custody, and control of multiple minors in addition to Plaintiff, including two other siblings. (FAC, ¶ 24.) Rodriguez sexually abused those foster children, as she did Plaintiff, which was re...

Excerpt: ...p, making parts for the aerospace, medical, automotive, and semiconductor industries. (Complaint, ¶ 8.) Until early 2020, and for many years prior, LP Precision's shares were owned by two individuals: Plaintiff and Lam Pham. (Id., ¶ 9.) Since 2019, Plaintiff has owned 47.6212% of LP Precision's total outstanding shares, and Lam Pham owned the remaining outstanding shares. (Id.) In early 2020, Lam Pham passed away and his wife, Le, inherited his...

Excerpt: ...th 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 02 May 2022. And Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Orders on Defendant's Motions: 1. For Judgment on the Pleadings; and 2. Motion to Strike Punitive Damages. I. Statement of Facts. This is an action arising out of Defendant Ge...

Excerpt: ...n shoe store when an unsecured shoebox dislodged by another customer fell from the top of a shelf and struck her on the head and lower back. D. Procedural Plaintiff initiated this action on May 29, 2018, asserting claims for premises liability and negligence, and seeking to recover punitive damages. Plaintiff filed an amended complaint and after a subsequent motion to strike by Defendant was granted with leave to amend, filed the operative SAC. I...

Excerpt: ...rt – intentional infliction of emotional distress, and violations of the Unruh Civil Rights Act. Following ruling on defendant's motion for summary judgment, the current, remaining cause of action of the FAC is the first cause of action for general negligence. On October 28, 2022, order was entered pursuant to hearing on October 5, 2022 in connection with plaintiff's noticed deposition of defendant's person most qualified to testify (“PMQ”)...

Excerpt: ...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 02 May 2022. And Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion of Defendants for Order Requiring Non‐Resident Plaintiff to Furnish a Bond under Corporations Code, §§ 800, 17709.02 and/or Undertaking under Code of Civil Pr...

Excerpt: ...hority and argument of counsel in the papers filed in support, opposition and reply, the court makes the following tentative ruling: Analysis The requirements for a grant of motion to seal a record are set forth in California Rules of Court, Rule 2.551 which authorizes a court to enter an order that a record be filed under seal only if facts support findings that establish all of the following requirements set forth in California Rules of Court, ...

Excerpt: ...through February 2021. (Complaint, ¶¶ 1, 11.) In November 2016, Plaintiff filed an age discrimination law suit against Defendant in federal court, case no. 5:16‐cv‐06866. (Complaint, ¶¶ 12, 35.) In February 2018, Plaintiff settled the federal law suit against the County. (Id. at ¶ 47.) Accordingly, Plaintiff alleges that he was engaged in continuous protected activity throughout the duration of the federal law suit. (Id. at ¶ 35.) Howev...

Excerpt: ...a claim for Financial Elder Abuse. The FAC also added Patty Goodwin, individually and dba Goodwin Property Management, as a defendant (“Defendant.”) Defendant previously brought a demurrer to and motion to strike portions of the FAC, which Plaintiff opposed, set for hearing on December 14, 2021. In advance of the hearing the Court posted its tentative ruling, sustaining the demurrer to the FAC's second cause of action with leave to amend on t...

Excerpt: ...tigation. Now before the Court is Plaintiff's motion for preliminary approval of a settlement, which is unopposed. In a tentative ruling issued on March 15, 2022, the Court directed Plaintiff to file a supplemental declaration addressing the merits of its claims in more detail. The Court continued the hearing on Plaintiff's motion accordingly. On April 14, 2022, Plaintiff filed a supplemental declaration by Ashley Rifkin, which the Court has revi...

Excerpt: .... 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 20 April 2022. And Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Demurrer to the Complaint by Defendants Power Integrations, Inc. and Douglas Bailey. I. Statement of Facts. This is an employment action for age and disability discrimination. According to ...

Excerpt: ...ions of the Complaint, Suning.com Co., Ltd., which is headquartered in Nanjing, China, is one of the largest retailers in the world and its website, plaintiff Suning.com, ranks among China's top e‐commerce portals. (Complaint, ¶ 1.) On November 21, 2019, Suning.com entered into a two‐year Product Purchase Agreement (the “Agreement”) with LAT Group. (Id., ¶ 15, Exhibit A.) In the Agreement LAT Group warranted, among other things, that it...

Excerpt: ...reliminary approval. I. BACKGROUND Defendant employed Plaintiffs and others as hourly‐paid or non‐ exempt employees in California. (Second Amended Complaint (“SAC”), ¶ 17.) Plaintiffs allege that Defendant failed to include incentive pay, including shift differentials, bonuses and commissions, in calculating employees' regular rates of pay. (Id., ¶ 27.) Lumentum failed to pay minimum and overtime wages and to provide required meal and r...

Excerpt: ...nopposed. As discussed below, the Court GRANTS preliminary approval. I. BACKGROUND Defendant is a California corporate entity doing business in California by operating car washes. (Complaint, ¶ 9.) Plaintiff was hired by Defendant to work as a non‐exempt car wash supervisor in May 2013. (Id., ¶ 8.) His employment was terminated on June 6, 2020. (Ibid.) Throughout Plaintiff's employment, he earned additional non‐discretionary remuneration, i...

Excerpt: ...is Plaintiff's motion for preliminary approval of a settlement, which is unopposed. On March 2, 2022, the Court issued a tentative ruling requesting further information in order to evaluate the settlement, and indicating it was disinclined to approve it unless the parties agreed to amend the release to conform with Amaro v. Anaheim Arena Management, LLC (2021) 69 Cal.App.5th 521 (Amaro). It continued the hearing on Plaintiff's motion to allow the...

Excerpt: ...r filed on July 8, 2021. The factual and procedural background of the action and the Court's analysis of the settlement and settlement class are set forth in that order. The Court entered an order approving an Addendum to the settlement on November 1, 2021. Before the Court is Plaintiff's motion for final approval of the settlement and for approval of his attorney fees, costs, and service award. The motion is unopposed. On April 14, 2022, the Cou...

Excerpt: ...intiff's motion for preliminary approval of a settlement, which is unopposed. As discussed below, the Court requires further information to evaluate the settlement, and is disinclined to approve it unless the parties agree to amend the release to conform with Amaro v. Anaheim Arena Management, LLC (2021) 69 Cal.App.5th 521 (Amaro). I. BACKGROUND ITU is a domestic non‐profit organization operating a university in California. (Complaint, ¶ 11.) ...

Excerpt: ...tered into a commercial lease (the “Lease”). (Complaint, ¶ 5.) Farhang agreed to lease the premises located at 950 The Alameda, San Jose, California (the “Premises”) to Defendants for a four‐ year term in exchange for Defendants paying rent, paying other charges, and following all the terms of the Lease. (Ibid.) Farhang performed his obligations under the Lease. (Complaint, ¶ 6.) In or about March 2018 and at other times, Defendants b...

Excerpt: ...l properties: the Palm Valley Apartments; the Magic Sands mobile home park; Villa Teresa mobile home park; and La Buona Vita mobile home park. (FAC, ¶¶ 3–4, 7–8.) The Barbaccias' family friend Jack Previte managed their businesses and finances for many years. (FAC, ¶ 7.) In 2004, they executed a 10‐year management agreement delegating their responsibilities as trustees of the Barbaccia Trust to Mr. Previte and fixing compensation for his...

Excerpt: ...ions of the First Amended Complaint (“FAC”), Plaintiff is a Suspected Child Abuse and Neglect (“SCAN”) physician who was hired by the County on July 1, 2011 as a Child Abuse Pediatrician at the Santa Clara Valley Medical Center (“SCVMC”). (FAC, ¶ 8.) As a component of her contractual employment agreement with the County, Plaintiff was required to abide by the Medical Staff Bylaws and the internal policies and procedures of SCVMC. (Id...

Excerpt: ...ost/expense sharing for the potential ESI production and (2) the preclusion of additional ESI searches for custodians Dan Wood, Frank Franco, Andy Kung, Scott Bentley, Doug Field, Sean Haight and Albert Barranco. DISCUSSION Defendant submits that it has already made several document productions regarding the design, development, and testing of the restraint and airbag systems for the 2018 Model 3, provided witness testimony, and Plaintiffs also a...

Excerpt: ... opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 20 April 2022. And Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order Motion of Plaintiff to Set Aside the Dismissal of Complaint. Personal Appearance of Counsel for Moving Party Required. I. Statement of Facts. Plaintiff filed this complaint on 10 July 2020.4 Counsel for ...

Excerpt: ...urt is Plaintiff's motion to determine the trial deadline pursuant to Code of Civil Procedure section 583.310. Plaintiff contends that— due to the stay of this action in 2017, which continued while an appeal was decided—the deadline is no earlier than May 27, 2024, per Code of Civil Procedure section 583.340 (“Section 583.340”), subdivision (b); and in any event, trial before that date would be impracticable per subdivision (c) of Section...

Excerpt: ...Complaint (“FAC”), ¶ 7.) She alleges that, during pay periods when she received overtime wages, her wage statements failed to identify the accurate rates of overtime pay and the accurate total hours worked as required by the Labor Code. (Ibid.) Based on these allegations, Ms. Richert brings a class claim under Labor Code section 226 and a representative claim under the Private Attorneys General Act (“PAGA”). B. Procedural On June 17, 201...

Excerpt: ...s: I. INTRODUCTION This is a putative class and representative action arising out of various alleged wage and hour violations. The operative First Amended Complaint (“FAC”), filed by plaintiff Herman Morales Perez (“Plaintiff”) on January 20, 2022, sets forth causes of action for: (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;...

Excerpt: ... RE: MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on April 27, 2022 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 arising out of defendants Pizza Antica, LLC, Pizza Antica – Lafayette, LLC, Pizza Antica – Mill Valley, LLC, and Bacchus Management Group, LLC's...

Excerpt: ...n; RUBY THAI BAKERSFIELD, LLC, a California corporation; CHICKEN WOW VALLEY FAIR, LLC, a California corporation; YUH MEI CHIOU, an individual; and DOES 1‐50, inclusive, Defendants. Case No. 18CV337264 TENTATIVE RULING RE: DISCOVERY MOTIONS The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on April 27, 2022 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: 2 1 2 3 4 5 6 7 8 ...

Excerpt: ...its tentative ruling as follows: I. INTRODUCTION On December 23, 2021, Plaintiff Vinh Q. Huang (“Plaintiff”) filed the operative Fifth Amended Complaint (“5AC”) against defendants Trung Nhat Tran, Thoa Thi Kim Nguyen (“Thoa”), Nam Nhat Tran, Katelyn Phan, Tam Nguyen, Hung Nguyen, Nhan Dinh, Dionel Sanchez Ramirez, Sheldon Jay Cohn, PHP Group, Inc., PHP Construction, Inc. (“PHP Construction”), PHP Insurance Service, Inc. (“PHP In...

Excerpt: ...party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 25 April 2022. And Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Orders on Defendant's: 1. Demurrer to First Amended Complaint; and 2. Motion to Strike Portions of Plaintiff's First Amended Complaint. I. Statement of Facts. Defendant Julie Eagleton (“Eagleton”) was...

Excerpt: ...rved offer to compromise pursuant to Code of Civil Procedure section 998 (“998 offer”). On December 14, 2021, plaintiff filed acceptance of the 998 offer. The settlement includes a provision that plaintiff recover reasonable attorneys' fees and costs against defendant in an amount agreed by the parties or as determined by the court by noticed motion. On February 3, 2022, plaintiff filed the instant motion for attorneys' fees. On April 13, 202...

Excerpt: ...genuineness of each document specified in Defendant's First Set of Requests for Admissions, be deemed admitted and conclusively established for all purposes in this action. Defendant also seeks monetary sanctions. The motions have been properly served. DISCUSSION A. Legal Standard Interrogatories: If a party to whom interrogatories are directed fails to serve a timely response . . . The party who fails to serve a timely response waives any right ...

Excerpt: ...posing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 25 April 2022. And Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion Of City of Sunnyvale for Summary Judgment to the Complaint. I. Statement of Facts. This is a slip and fall case. On 12 April 2019, plaintiff Sharon Richmond (“Plaintiff”) was walking on the si...

Excerpt: ...ion. PANW's motion and Rising's joinder are opposed by Plaintiff. DISCUSSION E. Legal Standard 1. Arbitration of Disputes Both California and federal law favor enforcement of valid arbitration agreements. (Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 97, 99 Cal.Rptr.2d 745, 6 P.3d 669 (Armendariz), abrogated in part on another ground in **233 AT&T Mobility LLC v. Concepcion (2011) 563 U.S. 333, 339– 340, 131 S....

Excerpt: ... for Production of Documents, (Sets One) (erroneously entitled “Motion to Compel Discovery”). I. Statement of Facts. Defendant Julie Eagleton (“Eagleton”) was formerly married to Jerry Feemster (“Feemster”). (First Amended Complaint (“FAC”), ¶¶2 and 9.) Defendant Eagleton's marriage to Feemster was dissolved and subject to an Interlocutory Judgment of Dissolution (“Judgment”) entered on 23 August 1977. (FAC, ¶9.) Pursuant t...

Excerpt: ...s. In its ruling of 11/4/21 this Court specifically found that Alliance's Document Requests 1, 2, 3 and 6 were overbroad. Yohanan and Coyote, despite objecting to these demands, had agreed to produce certain documents that were identified by bates stamp number. The Court sustained the objections but ordered Yohanan and Coyote to produce any document they identified and promised to produce despite their objection. In its order, the Court stated th...

Excerpt: ...Under California law, “a civil litigant's right to discovery is broad. Any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action . . . if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence.” See Williams v. Super. Ct. (2017) 3Cal.5th 531, 541 (citing CCP§ 2017.010) (internal quotati...

Excerpt: ... opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 20 April 2022. And Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order Motion of Plaintiff to Set Aside the Dismissal of Complaint. Personal Appearance of Counsel for Moving Party Required. I. Statement of Facts. Plaintiff filed this complaint on 10 July 2020.4 Counsel for ...

Excerpt: ...l distress, negligent infliction of emotional distress, and conversion. The action pertains to the residential real property on Birch Street in San Jose, CA, and the parties' respective rights and obligations in connection with the subject property. On November 18, 2021, defendants filed the instant motion to compel attendance of plaintiff Rogelina Camacho Solorio (“plaintiff Rogelina Solorio”). Each defendant is represented independently by ...

Excerpt: ...s, among other wage and hour violations. Before the Court is Plaintiffs' motion for preliminary approval of a settlement, which is unopposed. After reviewing the motion, the Court requested some changes, and informed the parties of the reasons why. In response, Plaintiffs made many of the requested changes. The Court therefore GRANTS Plaintiffs' motion I. BACKGROUND A. Factual As alleged in the operative Third Amended Complaint (“TAC”), Suref...

Excerpt: ...tual and procedural background of the action and the Court's analysis of the settlement 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 her attorney fees, costs, and service award. The motion is unopposed. As discussed below, the Court GRANTS final approval. I. LEGAL STANDARDS FOR SETTLEMENT APPROVAL Generally, “questions whether a [class action] s...

Excerpt: .... 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 20 April 2022. And Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Demurrer to the Complaint by Defendants Power Integrations, Inc. and Douglas Bailey. I. Statement of Facts. This is an employment action for age and disability discrimination. According to ...

Excerpt: ... of the alleged misappropriation of trade secrets owned by plaintiff Tesla, Inc. (“Plaintiff”). The operative Fourth Amended Complaint, filed on September 29, 2021, sets forth causes of action for: (1) Violation of the Uniform Trade Secrets Act (Cal. Civ. Code § 3426 et seq.); (2) Breach of Contract; and (3) Violation of California Computer Access and Fraud Act (Cal. Pen. Code § 520 et seq.). 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1...

Excerpt: ...s its tentative ruling as follows: I. INTRODUCTION This is a class and representative action arising out of various alleged wage and hour violations by defendant Velodyne Lidar, Inc. (“Defendant”). The operative First Amended Complaint (“FAC”), filed on October 13, 2020, sets forth the following causes of action: (1) Failure to Pay Minimum and Straight Time Wages (Cal. Lab. Code §§ 204, 1194, 1194.2, and 1197); (2) Failure to Pay Overti...

Excerpt: ...n for hearing before the Honorable Patricia M. Lucas on April 20, 2022 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class and representative action arising out various alleged wage and hour violations. The First Amended Class Action Complaint, filed by plaintiff Tina Talmoud (“Plaintiff”) on May 22, 2020, sets forth the following causes of action: (1) Violation of Calif...

Excerpt: ... 2021, Plaintiff Wu alleges Defendant CSC Group hired Plaintiff Wu as Co‐President in April 2015 to lead a $1 billion venture capital investment project in the U.S. (TAC, ¶¶ 19‐20.) Plaintiff Wu alleges she established a $100 million fund called CSC Upshot Ventures I, LLP (“Upshot”), for which CSC Group was obligated to fund the full $100 million. (Id. at ¶ 22.) Plaintiff Wu served as CSC Group's “designee” for Upshot and made inve...

Excerpt: ...�complainants filed answer and cross‐complaint against crossdefendants alleging causes of action for breach of agreement, promissory fraud, conversion, unjust enrichment, specific performance, violation of penal code section 496, malicious prosecution, abuse of process, and declaratory relief. The subject matter that is the basis of the complaint and cross‐complaint is a joint venture and oral agreement between the parties concerning rights a...

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 20 April 2022. And Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order On Defendant California Physicians' Service's Demurrer to Plaintiff's First Amended Complaint. I. Statement of Facts. Prior to 1 January 2016, defendant California Ph...

Excerpt: ...Gandhi co‐own Defendant HCI.2 (SAC, ¶ 6.) The SAC contends that Wu and Gandhi engaged in multiple instances of self‐ dealing and other wrongdoing. In April 2015, Wu was hired by CSC Group. (SAC, ¶ 11.) She was elected a member of the Board of Directors (“Board”) and she remained on the Board until September 2020. (Ibid.) On May 20, 2015, CSC Group established CSC Group International Corp. (“CSC International”), which was Hone Capita...

Excerpt: ...021, Pomogaibo went to Berman's office 3 times to serve the summons for Case No. 20CV370774. (Complaint, p. 4, ln. 21‐22.) The Complaint alleges that Berman installed a video‐camera at the door to avoid being served because she knew about the lawsuit and “does not like to be sued.” (Complaint, p. 4, ln. 22‐24.) On May 12, 2021, Pomogaibo went to her office for the third time. (Complaint, p.4, ln. 27‐28.) Hours later, Pomogaibo receive...

Excerpt: ... Nguyen are not related. Plaintiffs' original complaint was filed on April 7, 2021. The operative pleading was the Second Amended Complaint (“SAC”) filed on August 31, 2021. There is also a crossaction brought by Defendant Nguyen. Previously Defendant Nguyen's demurrer to and motion to strike the SAC was scheduled for hearing on January 20, 2022. In advance of the hearing the Court issued a tentative ruling that the demurrer was sustained wit...

Excerpt: ...nt in a movie “Slamma Jamma” which was not completed. On January 20, 2021, plaintiff filed motion to compel defendants to provide further response to special interrogatories, form interrogatories, request for production of documents and request for admissions (“plaintiff's motion to compel”). On January 29, 2021, defendants filed motion to compel plaintiff to provide further response to interrogatories and request for production of docume...

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 04 April 2022. And Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion of Wells Fargo Bank to Deem Requests For Admissions to be Admitted. I. Statement of Facts. Plaintiff filed this verified complaint on 18 June 2021.3 Plaintiff alleges causes of action f...

Excerpt: ...st Plaintiffs Tal Lavian, VisuMenu, Inc., and Aybell, LLC (collectively, “Plaintiffs”). I. Facts A. Background On July 11, 2018, Zvi Or‐ Bach filed a verified complaint in the Superior Court of California for the County of Santa Clara, initiating the Underlying Action against plaintiffs of the instant matter, VisuMenu Inc., Aybell Inc., Tal Lavian, and DOES 1‐ 100. (Complaint, ¶ 24; see also Complaint, Exhibit A.) Plaintiffs of the insta...

Excerpt: ...��Micro Bio”) whereby BV Canada purchased the worldwide rights to proprietary technology related to compost and biogas machinery relating to anaerobic digestion of organic waste material. (See complaint, ¶ 11.) In June 2013, Whole Foods agreed to demo a BV digester at Whole Foods' Campbell store, and after a successful demonstration and proof of concept, Whole Foods notified BV USA and BV Canada that it intended to purchase a digester unit for...

Excerpt: ...tors on site, Silicon Valley Sheetmetal (“SVS”). The Complaint alleges in pertinent part (on the general negligence attachment) that on September 18, 2017 “[w]hile on said construction site, Plaintiff stepped on some overlay which was not secured to the deck under construction nor was it aligned with the deck's perimeter. The overlay lacked sufficient strength to support a person and when Plaintiff stepped on it, he fell to the ground from ...

Excerpt: ...olution. (Complaint, ¶¶ 9‐10.) Decent never filed for a divorce or moved out of the family home during the entirety of the marriage. (Complaint, ¶ 11.) Unbeknownst to Plaintiff, Decedent was having an affair with Defendant between 2013 and 2017. (Complaint, ¶ 13.) In 2016, Decedent was diagnosed with a terminal illness. (Complaint, ¶ 13, subd. (a).) Plaintiff became Decedent's caregiver and, with the help of their sons, cared for Decedent ...

Excerpt: ...r filed on July 8, 2021. The factual and procedural background of the action and the Court's analysis of the settlement and settlement class are set forth in that order. The Court entered an order approving an Addendum to the settlement on November 1, 2021. Before the Court is Plaintiff's motion for final approval of the settlement and for approval of his attorney fees, costs, and service award. The motion is unopposed. As discussed below, the Co...

Excerpt: ...ground checks, and committed other wage and hour violations. The parties reached a settlement, which the Court preliminarily approved in an order filed on January 10, 2022. The factual and procedural background of the action and the Court's analysis of the settlement and settlement class are set forth in that order. Before the Court is Plaintiffs' motion for final approval of the settlement and for approval of their attorney fees, costs, and serv...

Excerpt: ...Circuit Opinion”). Before the Court is (1) Plaintiff's motion for leave to file an amended complaint and (2) Walmart's motion for judgment on the pleadings. Both motions are opposed. As discussed below, the Court DENIES both motions. I. BACKGROUND10 A. Trial Court Proceedings Plaintiff filed this action on December 2, 2016, alleging individual, putative class, and PAGA claims based on the following theories: Walmart violated Labor Code section ...

Excerpt: ...low, the Court DENIES Julie's motion. I. BACKGROUND3 A. Pavlina I According to the Complaint in Case No. 17CV310026 (“Complaint”), PAV JAM, LLC (“PAV JAM”) is the general partner of limited partnerships JAM Limited Partnership; S V JAM, L.P.; CCPO A, L.P.; CCPO BC, L.P.; and K. M. Pavlina L.P. (collectively, “Limited Partnerships”). (See Complaint, ¶¶ 6, 19.) The lone members of PAV JAM are Julie and Stephen, who each hold a 50% own...

Excerpt: ...017, SAS received a work order from Defendant to respond to Happy Hollow Zoo (the “Zoo”), which is operated and controlled by Defendant, to repair and replace its security system and fence damaged by a flood. The Zoo had been flooded with hazardous materials and water from Coyote Creek, which was deposited throughout the work area and presented a threat to all neighboring properties and the public at large. At the time Defendant instructed Pl...

Excerpt: ...se for Medical Solutions, was assisting a surgery in a cardiovascular operating room. (Complaint at ¶ 6.) After Plaintiff completed her job in surgery and left the operating room, defendant Maria Ponte (“Ponte”) entered the room to complete clean up after the procedure. (Ibid.) Plaintiff thereafter returned to the operating room and tripped on a plastic bag left on the ground by defendant Ponte. (Ibid.) As a result, Plaintiff's right foot ca...

Excerpt: ...eir fiduciary duties to Hone. Hone contends that HCI's involvement with the entities Wu and Gandhi created facilitated their wrongful withholding of funds rightly belonging to Hone and that the discovery it propounded on HCI is directly relevant to Hone's constructive trust allegations. The Motion is opposed by HCI and the opposition is joined by HCI's former counsel of record. DISCUSSION A. Legal Standard The right to discovery generally does no...

Excerpt: ...ire. According to Viola, this equipment was highly technical and contained protected trade secrets. Viola subcontracted with nonparty ECS to destroy the equipment. It is alleged that the Taggarts were and All Metals were owners of ECS. Viola claims ECS falsely certified that it completed the recycling and destruction of the equipment. ECS is alleged to have sold supposedly destroyed equipment to All Metals which is company in which the Taggarts h...

Excerpt: ... 6045], cert. granted Dec. 15, 2021, No. 20‐1573, ___U.S.___ [142 S.Ct. 734, 211 L.Ed.2d 421] (“Viking River Cruises”); (2) Adecco's motion for leave to file an amended answer; (3) Plaintiff's motion to compel Adecco's responses to special interrogatory (“SI”) set nos. 3 and 4; and (4) Plaintiff's motion to compel Adecco's responses to request for production (“RFP”) set no. 2. As discussed below, the Court DENIES Adecco's motion to ...

Excerpt: ...e case in favor of Patton, et al. v. Home Depot U.S.A., Inc. (E.D. Cal., Case No. 2:21‐CV‐01096‐WBS‐KJN) (the “Federal Action”), in which Mr. Patton and other plaintiffs assert direct individual and putative class claims under the Labor Code for the same violations at issue here. Plaintiff opposes Home Depot's motion. As discussed below, the Court DENIES the motion to stay. I. LEGAL STANDARD A court ordinarily has inherent power, in i...

Excerpt: ...intiff is the owner of property located at 580‐ K N. Rengstorff Avenue in Mountain View (the “Premises”). (Company, ¶ 1.) On September 15, 2016, Plaintiff's predecessor in interest and defendants Oscar Munoz, Raquel Munoz and Taqueria La Bamba, LLC (the “Taqueria”) (collectively, “Defendants”) entered into a written lease agreement (the “Lease”) whereby the Premises was leased to Defendants for five years with minimum monthly b...

Excerpt: ...ndants Gibbs, Rana Rekhi (“Rekhi”) and YCI, financials prepared by an alleged CPA, tax documentation, the online merchant processing account, the company's e‐commerce partner, the liquor license in place for the company, and purported confidential business information of RB, including reports of significant sales from out of state website visitors, revenue exceeding one thousand dollars per day, sales reports listing nine of the ten top sel...

Excerpt: ...ve ruling as follows: I. INTRODUCTION This is a class and representative action against defendant Nutanix, Inc. (“Defendant”) arising out of various alleged wage and hour violations. The operative Second Amended Complaint, filed on November 1, 2021, sets forth the following causes of action: (1) Failure to Pay Minimum Wages; (2) Failure to Pay Overtime Wages; (3) Failure to Timely Pay All Earned Wages; (4) Failure to Provide Meal Periods; (5)...

Excerpt: ...w issues its tentative ruling as follows: I. INTRODUCTION This is a putative class and Private Attorneys General Act (“PAGA”) action arising out various alleged wage and hour violations. The operative Second Amended Complaint, filed on July 9, 2020, sets forth the following causes of action: (1) Meal and Rest Break Violations (Labor Code §§ 200, 226.7, and 512, and 12 C.C.R. § 11040; (2) Failure to Pay Minimum Wage and Overtime (Welfare Co...

Excerpt: ... I. INTRODUCTION This is a representative action pursuant to the Private Attorneys General Act of 2004 (“PAGA”). In the Complaint, filed on July 24, 2018, plaintiff John Ortiz (“Plaintiff”) alleges that he worked for defendant California Cemetery and Funeral Services, LLC (“Defendant”) as a driver. (Complaint, ¶ 2.) Defendant allegedly failed to pay its drivers proper wages for on‐call hours, provide adequate meal and rest breaks, ...

Excerpt: ...a California business organization; CRATUS, INC., a California business organization; GEORGE REYES, as an individual; and DOES 1 through 250, inclusive, Defendants. Case No. 20CV366044 TENTATIVE RULING RE: AMENDED MOTION FOR APPROVAL OF PRIVATE ATTORNEY GENERAL ACT SETTLEMENT The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on April 13, 2022 at 1:30 p.m. in Department 3. The court now issues its tentative ru...

Excerpt: ...30 Alum Rock Avenue San Jose CA, 95127, Santa Clara, California. (Complaint, ¶ 1.) Turner and Reandeau jointly presented a check from Flagstar that was made payable to both of them in the amount of $40,000. (Complaint, ¶ 2.) At the time, Citibank's teller examined the identification of Turner and Reandeau before they signed the check. (Complaint, ¶ 3.) After Reandeau signed the check, he stepped away to take a phone call. (Complaint, ¶ 4.) Tu...

Excerpt: ... of business in Los Altos, California. (FAC at ¶ 1.) Plaintiff Youlin Wang (“Wang”) owns 100% of Magnolia and resides in China. (Id. at ¶ 2.) Guohua “Greg” Xiong (“Xiong”), Wang's brother‐in‐law, is an authorized agent for Magnolia and Wang (collectively, “Plaintiffs”). (Id. at ¶¶ 13‐14.) Plaintiff Wang developed two new single family residences in Palo Alto, California, located at 3878 Magnolia Drive and 3880 Magnolia D...

Excerpt: ..., Plaintiff alleges that “Defendant employee Sheriff Deputy Investigator Dan Rodriguez” (“Deputy”) committed negligence by failing to perform the legal duty to prevent or suppress arrays, preserve peace, and arrest individuals who attempt to or have committed a public offense pursuant to Government Code sections 26600‐26602. (SAC, p. 4.) As a consequence of Defendant Deputy's alleged negligence, Plaintiff and her two minor children suff...

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 11 April 2022. And Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Defendants Kylix Enterprises Incorporated and Hohbach Realty Company Limited Partnership's Demurrer to Plaintiffs' First Amended Complaint. I. Statement of Facts. On or about 1 Jun...

Excerpt: ...�) section 395, subdivision (a) from San Mateo County because venue was proper in Santa Clara County, where Defendant resided at the commencement of the action. B. Factual Plaintiff alleges that she obtained a home equity line of credit (HELOC) for her Oakland home to generate funds loaned to Defendant. (Complaint, ¶ 4.) By March 30, 2019, Plaintiff's accountant estimated the outstanding loan balance to be $111,489.47, inclusive of accrued inter...

Excerpt: ...reside at real property located at 121 Vista Del Lago in Los Gatos, California. (FAC at ¶¶ 2, 26.) Plaintiff Ronen purchased the subject property on January 28, 1994. (Id. at ¶ 28.) While difficult to determine, Plaintiffs allege multiple defendants, including banks and other financial institutions, intentionally conned, tricked, and maliciously deceived plaintiff Ronen into signing fraudulent documents and instruments in connection with the s...

Excerpt: ... assault. On September 30, 2021, plaintiff filed the instant motion against defendant UBER Technologies, Inc. (“defendant”) to compel further deposition of defendant's person most qualified no. 2 (“PMQ2”) and production of documents. On January 21, 2022, defendant filed opposition and on January 27, 2022, plaintiff filed reply. On February 3, 2022, the court directed the parties to Informal Discovery Conference (“IDC”) and continued h...

Excerpt: ...s. 7‐9, 11, 15‐16, 20, 25‐ 27 and 29‐35. Kumar sought monetary sanctions in the amount of $5,635.30. The motion was opposed by Jade Global. The Court referred the parties to an informal discovery conference and after two sessions a partial agreement was reached. The parties reached agreement as to Special Interrogatory Nos. 24‐26, 29, 32‐33, and 40‐ 47, and Inspection Demand Nos. 7‐9 and 20. The parties reached a partial agreement...

Excerpt: ...AC filed by S3G. I. Background A. Factual This is an action for trade secret misappropriation and fraud, among other things. According to the allegations of the operative First Amended Complaint (the “FAC”), plaintiff S3G Technology LLC (“S3G” or “Plaintiff”) is a company that provides custom mobile solutions to improve operational efficiencies and reduce costs, including in semi‐urban, rural and remote areas. (FAC, ¶ 1.) In 2007 S...

Excerpt: ...joyment, nuisance, negligence, violation of San Jose City Municipal Code sections (wrongful eviction and retaliation) and (substandard housing), violation of Civil Code section 1942.4,, retaliation, violation of Civil Code section 1950.5, wrongful death, elder financial abuse. According to the allegations in the FAC, the action arises out of plaintiffs leasing and residing in a residential real property owned by defendants, and substandard, uninh...

Excerpt: ... contract between the parties. The motions are opposed by Rajaa Sonai and Maria Menjivar (Plaintiffs) According to Plaintiffs' Second Amended Complaint (SAC) Plaintiffs entered into a loan with Defendant after it falsely promised that it would revise the term after two years. There is no dispute that the loan was for $975,000.00 and that Plaintiff's signed a Promissory Note (“Note”) and executed a Deed of Trust (DOT) putting up property locat...

Excerpt: ... et seq. (the “UCL”). Both Plaintiffs are in the business of semi‐conductor/miscellaneous electronic equipment and parts, refurbishment and repair. (FAC, ¶¶ 1‐2.) New Tec possesses one of the largest inventories of legacy electronic equipment parts, acquired over years with permission from sought after Original Equipment Manufacturers of semiconductor/miscellaneous equipment and parts. (Id., ¶ 16.) Rowenn has invested time and money in...

Excerpt: ...ment”) for the premises located at 950 The Alameda, San Jose, California 95126 (the “Premises”) for the purpose of running a coffee shop. (FACC, ¶ 4.) Tran and Lam created Crema Coffee as the business entity for their coffee shop and Tran is the sole member of the LLC. (Ibid.) The Lease Agreement included provisions that shifted all of the responsibility to comply with the Americans with Disability Act (“ADA”) and the Unruh Civil Right...

Excerpt: ...ollectively, “F&S” or “Company”) are a consultancy that provides its employees with meaningful growth opportunities and career paths. (FAC at ¶ 18.) Defendants Wyman Bravard (“Bravard”) and David Frigstad (“Frigstad”) are Shareholders, Directors, and Officers of the Company. (Id. at ¶¶ 11‐12.) For approximately 40 years, and while acting as principal shareholders at F&S, Frigstad worked in the role of the visionary/strategist...

Excerpt: ...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 06 April 2022. And Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Defendant Xilinx, Inc.'s Demurrer To First Amended Complaint. I. Statement of Facts. Plaintiff Indradevi Sabrina Joseph (“Plaintiff”) was an elite marketing specialist with unparalleled s...

Excerpt: ...LLC (“GTL”), Lotus Class, Inc. (“Lotus Class”), Atour Amirkhas, Grace Amirkhas and Lotus Shin (“Shin”), Wei Liu and V3CRE, Holdings, LLC (“V3CRE”) (collectively, “Defendants”) on Plaintiffs' First Amended Complaint (“FAC”). III. Background C. Factual This is a public nuisance action for injunctive relief and civil penalties arising out of a dispute concerning electric signs displayed in the City of San Jose. According to t...

Excerpt: ... (2) Wrongful Termination in Violation of Public Policy (based entirely on the first cause of action). The Complaint (at ¶5) alleges that Plaintiff was terminated on January 21, 2019 for violation of Plant Rules and Regulations A‐7 “Fighting, Assault, Horseplay or other disorderly conduct.” The Complaint alleges that this is false and that Plaintiff was actually terminated in retaliation for reporting purported threats of violence made to ...

Excerpt: ...ty opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 04 April 2022. And Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on City Of Palo Alto's Motion For Summary Judgment Or, In The Alternative, Summary Adjudication. I. Statement of Facts. Plaintiff Dentell Reed (“Reed”) is an African‐American male formerly employ...

Excerpt: ..., Yehs II Family Limited Partnership, Chinche Huang, and Chuan LLC (collectively “cross‐defendants”) filed the instant motion to compel further response to special interrogatories from cross‐complainant Richard Foust (“Foust”). On January 19, 2022, Foust filed opposition, and on January 25, 2022, La Encina and crossdefendants filed reply. On February 3, 2022, the parties were ordered to Informal Discovery Conference (“IDC”) with J...

Excerpt: ...posing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 06 April 2022. And Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion of Defendant Fidelity National Title Company to Strike Portions of the Complaint. I. Statement of Facts. Plaintiff Hong Zhang (“H. Zhang”) and her brother, defendant Dongliang Zhang (“D. Zha...

Excerpt: ...y party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 06 April 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motions of Defendant Ford Motor Company to Compel Arbitration and to Stay Action. I. Statement of Facts. Plaintiff filed this complaint on 28 September 2021.12 Plaintiff alleges that on or about 16...

Excerpt: ... the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 06 April 2022. And Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Petition to Quash Subpoena and Request for Sanctions. I. Statement of Facts. On January 26, 2021, Patrick S. Tomilson (“Tomlinson”) filed a complaint in the State of Wisconsin Circuit Court, Milwaukee Coun...

Excerpt: ...to the Lease, commencement of the Lease was conditioned on Defendants being able to regain possession of the Premises from another tenant. (See complaint, ¶ 9.) If Defendants did not deliver possession of the Premises to Plaintiff after 180 days from the date of execution, either party would have the right to terminate the Lease by written notice. (Id.) Upon execution of the Lease, Plaintiff paid Defendants $4,826.50 for base rent, $1,172.15 for...