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 25 May 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Orders On: (1) Demurrer and Motion to Strike to the Second Amended Cross-complaint (2) by Cross-Defendant Aegis Security Insurance Company; (3) Demurrer to the Second Amended Cross-complaint; and b...

Excerpt: ...ract with Sinaga, in which Defendants agreed to remodel the property located at 1277 Camino Ramon, San Jose, California 95125 (the "Property"), provide all the labor and materials, and complete the remodel in a good and workmanlike fashion. (Complaint, '1 13.) The contract price was for $351, 057.00. (ld.) Sinaga alleges she performed her obligations under the contract whereas Defendants breached the contract by performing negligent construction,...

Excerpt: ... and that Roth Financial would see a 50% return within the first year. (ld. at '1 11.) Liddle subsequently disappeared with Roth Financial's money, in breach of their alleged fiduciary relationship, leaving Roth Financial unable to locate Liddle until a year ago. (Complaint, '1 8.) Roth Financial alleges that the induced investment was a security and that Liddle's actions constitute securities fraud, entitling Roth Financial to treble damages and...

Excerpt: ... the court finds that at least some of the requested deposition testimony is relevant to the summary judgment motion and that there would be no material prejudice to continuing the moton hearing date by 30 days. The court therefore GRANTS IN PART the motion to compel and GRANTS the motion for a 30-day continuance of the summary judgment hearing. II. BACKGROUND Newman became a resident of Manor Care, a skilled nursing and rehabilitation facility, ...

Excerpt: ...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 24 May 2023. Please specify the issue to be contested when calling the Court and Counsel. Order On Defendant City Of Gilroy's Demurrer To Plaintiffs' Complaint. l. Statement of Facts. On 29 October 2021, Jesse Sanchez, Jr. ("Decedent") was shot at defendant Rebecca Armendariz's ("Councilwoman Armendariz") home located at ...

Excerpt: ...ading northbound on Interstate 280 in Cupertino, California. (Complaint, '1 12.) The car in which Cao was riding was struck twice by a car operated by defendant Dante Martinez Escamilla, who was reported to be driving under the influence. (Ibid.) upon the second collision, the car containing Cao ran off the road and hit a tree. (ld., at "1 12, 39.) Among other things, the complaint alleges that if adequate safety measures had been placed on the f...

Excerpt: ...name "Findora." In Case No. 20CV372622 ("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: ...eding safely and carefully. (See complaint, Prem.L-1.) While crossing the crosswalk, Decedent was struck by defendant Lorelay Robles-Partida ("Robles-Partda"), who did not see and was otherwise unaware of Decedent's presence in the crosswalk due to the dangerous condition of the roadway, surrounding property, crosswalk, intersection and signals/signs at the intersection and crosswalk. (ld.) On March 8, 2019, plaintiffs Alok Jain, Neha Jain, Gori ...

Excerpt: ...siness as Cahalan Villa since (ld. at 14.) Defendant Vivielyn Juanillo ("Juanillo") has been doing business as Cahalan Villa since 2017. (Ibid.) Defendants Harry Presno ("Harry") and Grace Presno ("Grace") (collectively, "Moving Defendants") are owners of the Cahalan Villa facility and manage the day-to-day activites of maintaining the property.2 (ld. at 15.) Defendants employed plaintiffs Danilo Calica, Virginia Calica, and Antonina Ojano (colle...

Excerpt: ...osing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 24 May 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order On Defendants Elena Kozlova, Rosalie Toren And Chris Grzeszczak's Mohon For Summary Judgment Or, In The Alternative, Summary Adjudication. l. Statement of Facts. Defendant Rosalie Toren ("Toren"), a licensed psychologist, found...

Excerpt: ... 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 wants Plaintiffs to provide additional information regarding Plaintiff Aguilar's Age Discrimination in Employment Act claim and to make certain minor modifications to the class notice. BACKGROUND Plaintiff Agu...

Excerpt: ...in August 2016 where the case was delayed for a period of one year. Based on the Complaint and attachments embedded therein, the case appears to arise out of an incident that took place while Rostram was an Uber driver in San Francisco on August 13, 2016. On June 13, 2019, the Court granted Uber's petition to compel arbitration. On December 17, 2021, the Court denied Uber's motion to dismiss ostensibly on the grounds that the issue of whether the...

Excerpt: ...e two motions: (1) Mr. Hess's motion to dismiss the remaining claims against him pursuant to Code of Civil Procedure sections 583.210; and (2) iTy Labs Corp.'s and Jose Cong's (collectively, the "iTy Defendants") motion to strike Plaintiff's jury demand as to the nan-stayed causes of action and equitable defenses, or in the alternative bifurcating the equitable and legal issues for trial with the equitable issues to be tried first.2 As discussed ...

Excerpt: ...osing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 24 May 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Motion of Plaintiff to Set Aside/vacate Dismissal and Enforce Settlement Agreement. l. Statement of Facts. This matter arises out of a property damage subrogation claim, due to an automobile accident that occurred on or about 6/01/20...

Excerpt: ..., Ma filed a cross-complaint against Malek for breach of contract, fraud, embezzlement, breach of fiduciary duty, account stated and breach of duty of good faith and fair dealing. Malek alleges he formed iTronix, a Silicon Valley based company specializing in in the contract manufacture of printed circuit boards used in electronic devices and their components. In January 2017, Malek agreed to transfer 15% of iTronix shares to Ma, such that from t...

Excerpt: ...se. 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 24 May 2023. Please specify the issue to be contested when calling the Court and Counsel. motnOocK)m Order On Plaintiff Holt Pacific Associates' Motion To Strike Defendants Subway Real Estate, LLC and DKNtor's Assoc:iates, Inc.'s Answers To The First Amended Complaint. l. Statement of Facts. Plaintiff Holt-Pacific ("...

Excerpt: ...uld exercise its discretion to transfer this case to Stanislaus County for the convenience of witnesses and the ends of justice, under Code of Civil Procedure section 397, subdivision (c). The court concludes that Santa Clara County is a proper venue under Code of Civil Procedure section 395.5, and that any motion under secton 397 is premature, given that no defendant has answered the complaint. Accordingly, the motion is denied. II. BACKGROUND O...

Excerpt: ...n violation of the Fair Employment and Housing Act (FEHA); (2) Age Discrimination in violation of the FEHA; (3) Disabil-ty Discriminaton in violation of the FEHA; (4) Failure to Accommodate Disability in violation of the FEHA; (5) Harassment in violation of the FEHA; (6) Failure to Prevent Harassment in violation of the FEHA; and (7) Retaliation in violation of the FEHA. The fifth cause of action for harassment is alleged against all defendants. ...

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 24 May 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motion of Defendant Robert Brower, Jr. to Dismiss, etc. l. Statement of Facts. Plaintiff filed this complaint on 20 May 2022. 28 In or about December 2014, Campeau Goodsell Smith, L.C. ("CGS") was retained to represent...

Excerpt: ...forth a single cause of action for Civil Penalties (Lab. Code SS 2698, et seq.). The parties have reached a settlement of the PAGA claim. Plaintiff Tuan Hoang ("Plaintiff") now mcwes for approval of the settlement. The moton is unopposed. VII. LEGAL STANDARD under PAGA, an aggrieved employee may bring a civil achon personally and on behalf of other current or former employees to recover civil penalties for Labor Code violations. Oskanian v. CLS T...

Excerpt: ...ntano"); (2) Attaway v. Alliance Residential, LLC, Case No. 20CV365134, Santa Clara County Superior Court ("Attaway"); Montano included a single cause of action for civil penalties under the Private Attorneys General Act ("PAGA"). The PAGA claim was based on allegedly deficient wage statements. Attaway set forth the following causes of action: (1) Failure to Pay All Overtime Wages; (2) Rest Period Violations; (3) Failure to Indemnify All Necessar...

Excerpt: ...Eaglin" (collectively, "Plaintiffs") on August 18, 2022, sets forth causes of achon 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; (5) Failure to Pay All Wages Due to Discharged and Quitting Employees; (5) Failure to Maintain Required Records; (7) Failure to Furnish Accurate Itemized Wage Statements; (8) Failure to Indemnify Empl...

Excerpt: ...gainst Defendant, Daniel Rodas v. The Goodyear Tire & Rubber Co. (Los Angeles Superior Court, Case No. 21STCV28702) (the "Rodas Action"). Defendant removed the action to federal court, resulting in Daniel Rodas v. The Goodyear Tire & Rubber Co. (United States District Court, Central District of California, Case No. 2:21-CV-07526-VAP). The Rodas Action involves the following causes of action: (1) violation of Labor Code SS 510, 588, and 1194; (2) ...

Excerpt: ...n connection with defendant Cloudera, Inc.'s ("Cloudera") acquisition of and merger with Hortonworks, Inc. ("Hortonworks"). According to the allegations of the operative Consolidated Class Action Complaint ("Complaint"), filed on August 5, 2019, Cloudera is a Delaware corporation with its principal executive offices located in Palo Alto, and is purportedly an enterprise data cloud company. (Complaint, '1 15.) Intel Corporation ("Intel") is a semi...

Excerpt: ...gment of $1. The Parties' fee agreement for the federal action included the following provision: "In any legal action or proceeding other than the fee arbitration, mentioned above, the prevailing party shall be awarded reasonable attorneys' fees and costs, incurred in such a proceeding." (Declaration of Hugo Torbet in Support of Mohon for Award of Attorney Fees ("Torbet Decl. 1"), Ex. A.) Law Firms sought and were awarded attorney fees by the dis...

Excerpt: ...first set of requests for production of documents" as to the same defendant. The court finds that the earlier "first set" that is the subject of the current motion was superseded by the subsequent "first set" that the court addressed on April 4. Accordingly, this motion is denied as moot. Plaintiffs Whispering Oaks Residential Care Facility LLC, Whispering Oaks RCF Management Co. Inc., and Naren Chaganti ("Plaintiffs") originally served a "First ...

Excerpt: ...d because the amendments fail to state a viable cause of action. Finally, they argue that they will be prejudiced if Plaintiffs are allowed to amend. Legal Standard A court may allow, in its discretion "upon any terms as may be just, an amendment to any pleading." CCP S 473(a)(1). The California Supreme Court has long stated that the rule in California is one of "liberal allowance of amendments" to pleadings. Nestle v. Santa Monica (1972) 6 Cal.3...

Excerpt: ...nsolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay. These cases both arise out of a landlord tenant dispute. Urvashi Bhagat subleased a portion of property from Hong Guo. Min Zhu owns the property Mr. Guo subleased to Ms. Bhagat. The sublease was in violation of Mr. Guo's lease terms, and he was evicted along with his sub-lessors. In the small claims action, Mr. Guo is suing Ms. B...

Excerpt: ...sing the tentative ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 22 May 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Mohon for Summary Judgment, or in the Alternative, Summary Adjudication to the Second Amended Complaint by Defendants Simple Rules Company, dba Harmony, Chun To Tse, Rongjian Lan, Hao Chen, and Sahil Dewan. l. Statement of Fa...

Excerpt: ...ok some of his personal property, including an audio recording containing information Plaintiff claims is necessary for another lawsuit. By this motion, Plaintiff seeks an order compelling Defendant to further respond to two form interrogatories: 12.1 State the name ADDRESS, and telephone number of each individual: (a) who witnessed the INCIDENT or the events occurring immediately before the INCIDENT; (b) who made any statement at the scene of th...

Excerpt: ...ntity plaintiffs (collectively, "Plaintiff Companies"). (See complaint, "1 4-8.) Plaintiff Lam Hauling, Inc. ("Lam Hauling") is a junk hauling company. (ld., at '1 4.) Plaintiff Lam Supply, LLC ("Lam Supply") is a fence and steel supply company. (ld., at '15.) The remaining three plaintiffs are all real estate investment companies: Hung Nga Enterprise, LLC ("Hung Nga Enterprise"); Lam Group International, LLC ("Lam Group International"); and Sent...

Excerpt: ...ies have resolved the underlying motion to compel, the parties persist in their request for sanctons. Plaintiffs request sanctons for Defendants' misuse of the discovery process under CCP S 2023.030, among other statutes. Misuse of the discovery process includes "[mlaking, without substantial justification, an unmeritorious objections to discovery," "making an evasive response to discovery," and "opposing, unsuccessfully and without substantial j...

Excerpt: ...ENIED. At the outset, it is important to note that Ren does not claim a current or former attorney-client relationship with Zou. Normally, a party must have had an attorney-client relationship with an opposing attorney in order to have standing to bring a moton to disqualify. (See Jarvis v. Jarvis (2019) 33 Cal.App.5th 113, 131-133.) A non-client may still move for disqualification of opposing counsel in certain limited circumstances. In this cas...

Excerpt: ...agreement to sell the stock of Allied Aire Service, Inc. to defendant RH BAS, lnc„ whose president was defendant John Akhoian (collectively, "Defendants"). (ld., at 7.) Defendants materially breached the agreement. (ld., at "1 21, 23.) On October 11, 2022, Plaintiff filed the operative complaint in this case alleging causes of action for: (1) breach of contract; (2) specific performance; (3) declaratory relief; (4) failure to pay wages in viola...

Excerpt: ... On June 16, 2021, Duarte filed a cross-claim against Perez seeking damages of $15,000, purportedly arising out of the same real estate transacton. At the time Duarte filed her cross-complaint, Perez was represented by attorney Timothy A. Pupach. Perez is now represented by different counsel. Mr. Pupach swears that, despite the proof of service indicating service of the cross-complaint by mail, Mr. Pupach never received the crosscomplaint and kne...

Excerpt: ...ix Creamery in San Jose, where her job duties and responsibilities included making ice cream with and cleaning the LB502 DGT, a batch freezer manufactured by Ali Holding S.r.l. and its wholly owned subsidiaries, defendants Carpigiani North America ("Carpigiani") and Ali Group North America ("Ali Group") and distributed by JTB. (FAC, "15-7, 17.) Plaintiff alleges she suffered serious injuries to her left hand as the result of defects in the freeze...

Excerpt: ...ners of property located at 2140 High Street in Palo Alto ("the Property"). In November 2021, Plaintiffs contracted with Defendants Compass California II, Inc., Carol Carnevale, Nicole Aron, James Steele and Zachar Trailer to sell the Property, which had been their long time home. (Complaint, "1-2.) Plaintiffs allege Defendants told them the Property was worth $3.5 million and that Plaintiffs would receive at least that price for the Property if ...

Excerpt: ...n the complaint is barred because the purpose ofthe lease was "deemed illegal by the City of San Jose." • In '1 10, changing Anatomage's admission that it "terminated its Lease due [tol the Landlord's improper and unlawful conduct" to an admission that it "vacated Suite 100 of the subject Premises after being served with Plaintiff's Notice to Cure or Quit dated September 19, 2019, and thereafter vacated Suites 650 and 700 .. . due [tol the Land...

Excerpt: ...ntiffs filed a class action in the U.S. District Court for the Northern District (the "Federal Action") on behalf of themselves and other similarly situated former employees who worked for Alta for failing to comply with the federal Worker Adjustment Retraining Notification Act ("WARN Act") (29 U.S.C. S 2101, et seq.) and the state equivalent (Labor Code S 1400, et seq.). (Complaint, 1.) Class certification was granted in the Federal Action in Ma...

Excerpt: ...ssed below, the Court is GRANTS Plaintiff's motion. l. BACKGROUND As alleged in the operative complaint, Defendant is a manufacturer of medical imaging machines, chiefly mammography machines, and provides maintenance and repair services related to its machines throughout the U.S.A. and California. (Second Amended PAGA Representative Action Complaint ("SAC"), '1 11.) Plaintiff was a non-exempt employee at Defendant's Santa Clara location, and bega...

Excerpt: ...ther Marson Blair Hull, Jr. transferred the Property to Jeffrey and Jeffrey's younger sister, Courtney Hulll "not as joint tenants, but as tenants in common." (Complaint, Ex. 3; Plaintiff's Separately Bound Exhibits ("PS8E", Ex. A.) The Grant Deed from Blair to his two children was recorded. Jeffrey and Courtney formed Montevina Road LLC (the "LLC") on November 19, 2018. (PSBE, Ex. C.) Jeffrey's and Courtney's signatures appear on the LLC agreeme...

Excerpt: ...y is where Mummah resided at the time of commencement of the acton. On April 22, 2022, Li filed the operative first amended complaint for declaratory relief ("FAC"). On September 2, 2022 Mummah filed: 1. Answer to the FAC; and 2. Cross-complaint for Violation of Federal and California Fair Debt Collection Practices Acts ("FDCPA") ("cross-complaint"). The cross-complaint names Li's attorney, Scott A. Flaxman, as cross-defendant. On March 5, 2023, ...

Excerpt: ... 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 17 regarding May 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Orders on Discovery Motions of Plaintiff And Requests for Monetary Sanctions. l. Statement of Facts. Plaintiff Mary Anderson was employed by defendants at their San Jose location for about 2 years. She a...

Excerpt: ...ined to grant preliminary approval, but first, Plaintiff must provide a full valuation of all the claims alleged in the complaint, and the parties must meet and confer about amending the release to make it clear that it is limited to claims based on the facts at issue here. Plaintiff must also provide an update on whether there has been any discussion of the settlement with plaintiff's counsel in two related actions #nding in this Department. l. ...

Excerpt: ...his interest in 360 IT Professionals, Inc. ("360") and US IT Solutions, Inc. ("UIS") (collectively, "the Companies") for $5 million to be paid as $800,000 in cash paid at closing, $150,000 to be paid at closing from the Companies' cash on hand, $2,200,000 in the form of a promissory note ("Note") and $2,850,000 from the accounts receivable of the Companies with $650,000 of the unbilled accounts receivables and $2,200,000 from the billed accounts ...

Excerpt: ...nal and still-operative form complaint on December 3, 2019, and it states two causes of action: (1) General Negligence, and (2) Premises Liability. There are no exhibits attached to the complaint. The complaint refers collectively to the "Defendants" and does not make any distinction between DL Bar and La Senda. The only narrative portions of the complaint are attachments for General Negligence and Premises Liability. The first of these (the Gene...

Excerpt: ...laint, 91.) Plaintiffs brought this action for negligence/wrongful death, strict liability, negligence (post sale), and survival against Tesla, Inc. on March 12, 2021. Plaintiffs claim their parents were traveling in a 2019 Tesla Model 3 on August 12, 2020 at approximately 11:20 a.m. on highway 85 in the northbound direction, that David Brown was using Tesla's Autopilot features, and the car automatically accelerated without David Brown's knowled...

Excerpt: ...sco Henriquez and Prudential Overall Supply (collectively, "Defendants"). According to the Second Amended Complaint ("SAC") and Plaintiffs' discovery responses, on June 30, 2020 Plaintiff was hit by a truck at or near 5601 Great Oaks Parkway in San Jose California while walking to work. (SAC, MV-I; Declaration of Laurie J. Elza ("Elza Decl."), 93.) It appears Defendant Francisco Henriquez was driving the truck in the course and scope of his emplo...

Excerpt: ...cebook's offering of "Business Tools" to partners like third-party Home Box Offce Inc. ("HBO") and its associated tracking of user's activities online. Before the Court is Plaintiff McDaniel's motion to compel Meta to: (1) produce all documents responsive to RFPs Nos. 1-7, 9-13, 18, 21-23 within 30 days; (2) respond fully to Plaintiffs' Interrogatory Nos. 1, 2, 6, 7, and 9; (3) make the entire FACEBOOK SOURCE CODE available for inspection. It is ...

Excerpt: ...pired on January 31, 2023. (Comp'. at '16.) It further alleges that the expired tenancy was exempt from the Tenant Protecton Act of 2019 under two provisions: (1) Civil Code section 1946.2, subdivision (a) (stating in pertinent part that the Act only applies "after a tenant has continuously and lawfully occupied a residential real property for 12 months"), and (2) Civil Code section 1946.2, subdivision (e)(4) (stating that the Act does not apply ...