Excerpt: ...Vineyards Homeowners Association (“Cabernet Vineyards” or “Cabernet”) community, tripped when she stepped on debris that had fallen from a nearby trees onto a walkway near the front of her residence. The trees were located on property owned and/or possessed by SJWC, who failed to fulfill its duty to keep that property in a reasonably safe condition by inspecting and maintaining the overgrown trees. B. Procedural Plaintiff initiated this a...

Excerpt: ...tion of Plaintiff's tooth. (Complaint, pg.4). Defendant Patel performed the oral surgery. Id. Patel was at all times an employee of Defendant Northern Dental. Id. Patel represented to Plaintiff that she was an oral surgeon and Plaintiff believed at all times that Patel was an oral surgeon. Id. Patel performed an incomplete tooth extraction on Plaintiff causing the dislocation of Plaintiff's jaw and pain whenever Plaintiff opens his mouth. Id. Pat...

Excerpt: ...t 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 21 March 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Demurrer and Motion to Strike to the First Amended Complaint by Defendant Los Gatos Union School District. I. Statement of Facts. This is a sexual assault action. According to...

Excerpt: ...C”) was sustained with leave to amend because Plaintiffs failed to allege sufficient facts to support the alter ego claim and to articulate against whom Plaintiffs plead each cause of action. I. Background This is an action arising out of various agreements between Plaintiffs and Defendants. Plaintiff Kevin is an individual, Plaintiff GVF is a non‐profit corporation, and Plaintiff 46 & 2 is a limited liability company. (TAC, ¶¶ 3‐5.) In t...

Excerpt: ...ttorneys' fees incurred in actions to enforce the note or in matters related to the note. Plaintiff fell into default in payments due on the loan, and on October 30, 2020, plaintiff and defendants entered into a Forbearance Agreement that provided a delay in foreclosure proceedings, so long as plaintiff made certain payments, including amounts due under the note. The Forbearance Agreement also has a provision for recovery of attorneys' fees. Plai...

Excerpt: ...nopposed. As discussed below, the Court GRANTS preliminary approval. I. BACKGROUND Plaintiffs worked for Defendant as gymnastics coaches: Plaintiff Anthony Huizar from October 2017 to January 2020 and Plaintiff Paola E. Navarro from 2015 to July 2021. (Second Amended Complaint (SAC), ¶¶ 8–9.) Both were classified as non‐exempt. (Id., ¶ 15.) Plaintiffs allege that Defendant failed to pay minimum and overtime wages due to its rounding policy...

Excerpt: ... of Defendant's Demurrer. Plaintiff has filed an Opposition and Defendant filed a reply to Plaintiff's Opposition. I. Background The original Complaint was filed on March 26, 2021. The FAC was filed on December 10, 2021. Both complaints allege as follows: Defendant is a criminal defense attorney. (FAC at ¶ 3.) In July 2017, Willie was charged in Santa Clara Superior Court with being an accessory to murder. (Id. at ¶ 6.) Plaintiff entered into t...

Excerpt: ...ing causes of action: (1) Negligence (against all Defendants); (2) Negligent Hiring/Retention (alleged against Avis and Does); (3) Negligent Supervision/Failure to Warn (alleged against Avis and Does); (4) Premises Liability (against Avis and Does); (5) Assault (against all Defendants); (6) Battery (against all Defendants); (7) Sexual Battery (against all Defendants); (8) False Imprisonment; (9) Intentional Infliction of Emotional Distress (again...

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 16 March 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Defendant Xilinx, Incorporated's Demurrer to the First Amended Complaint. I. Statement of Facts. Plaintiff Indradevi Sabrina Joseph (“Plaintiff”) was an elite marketing specialist with unpar...

Excerpt: ...e complaint. Plaintiff opposes both motions. As discussed below, the Court OVERRULES the demurrer and DENIES the motion to strike. I. BACKGROUND Plaintiff alleges that when he applied for employment with Defendants, they provided a disclosure and authorization form to perform a background investigation. (Complaint, ¶ 22.) But the disclosure contained extraneous and superfluous language beyond the disclosure itself and/or was not clear and conspi...

Excerpt: ...on. Now before the Court is Plaintiff's motion for preliminary approval of a settlement, which is unopposed. As discussed below, the Court requires further information to evaluate the settlement, and CONTINUES the hearing on this matter accordingly. I. BACKGROUND A. Factual Norton, formerly known as Symantec, is a global provider of security, storage, and systems management solutions that help organizations and consumers secure and manage their d...

Excerpt: ...CPA”); and the California Rosenthal Fair Debt Collection Practices Act, California Civil Code sections 1788–1788.33 (“RFDCPA”). Before the Court is a motion to quash service of the operative First Amended Class Action Cross‐Complaint (“FAXC”) by CCS's Australian parent company, Cross‐Defendant Credit Corp Group Limited (“CCGL”). As discussed below, the Court GRANTS CCGL's motion to quash. I. BACKGROUND CCS filed this action on...

Excerpt: ... January 24, 2020, added three additional defendants to the case: (1) Intive S.A., a Polish corporation; (2) Enterprise Investors (“Enterprise”), a Polish corporation; and (3) Ludovic Gaude (“Gaude”), a resident of Germany. The FAC also added four additional causes of action, claims for breach of a written options contract against Defendants Intive S.A. and Enterprise (“counts” 3 and 4); and interference with economic advantage and fr...

Excerpt: ...each of contract and fraud. i. Complaint According to the allegations of the Complaint, around September 2020, Moznine solicited Ricardo Cortez (“Ricardo”), Louriville Cortez (“Louriville”), Benedicto Estoesta (“Benedicto”), Divina Gracia Estoesta (“Divina”), Nellie, and Elpidio Baltazar (“Elpidio”) (collectively, “Plaintiffs”) to invest in SkyTec.1 (Complaint, ¶ 11.) He represented to each of them that SkyTec would have ...

Excerpt: ...in a single ruling with separate orders as to each motion as necessary. These motions arise out of Plaintiff's unsuccessful appeal of an order the granting an anti SLAPP motion brought by Defendant. Defendant was the prevailing party on appeal and was awarded costs. The Remittitur was filed on July 15, 2021. Defendant filed a memorandum of costs on August 11, 2021 that claimed filing fee costs of $400.50 and attorney's fees in the amount of $106,...

Excerpt: ...led action comes on for hearing before the Honorable Patricia M. Lucas on March 16, 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 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I. INTRODUCTION According to the allegations of the Complaint, filed on October 24, 2019, plaintiff and cross‐defendant Velocity Investments, LLC (“Velocity”) is the owner of debt owed by defend...

Excerpt: ...374613 TENTATIVE RULING RE: MOTIONS FOR ATTORNEY FEES The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on March 16, 2022 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION The First Amended Complaint (“FAC”) of plaintiff Bernabe Cantada Sinsay (“Plaintiff”), filed on April 1, 2021, alleges the following causes of action on behalf of a putative class: (...

Excerpt: ...bench trial in this promissory note case, judgment was entered on November 22, 2012 in favor of Defendant and Cross‐Complainant Mark Mitchell (“Mitchell”), and against Plaintiff and Cross‐Dcfcndant David Young (“Young”), in the principal amount of $28,613.98 and pre‐judgrnent interest at the rate of seven percent per annum in the amount of $4,866.60, for a total of $33,480.58. ‐ 2 ‐ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1...

Excerpt: ...UCTION 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, reimburse ...

Excerpt: ...and James W. Elwin are the owners of a residential property at 3010 Park Estates Way, San Jose, CA (the “Property”) pursuant to a grant deed recorded on July 25, 1986. (First Amended Complaint (“FAC”), ¶¶ 8, 20‐22.) On January 27, 2007, Plaintiff refinanced the Property and entered into a loan transaction with Alternative Financing Corporation (“AFC”), memorialized by a promissory note (the “Note”) and secured by a deed of tru...

Excerpt: ...s is an action for dangerous condition of public property. In the operative TAC, filed August 10, 2021, Plaintiff alleges a personal injury claim after she tripped and fell on a warning surface pad at the intersection of Los Gatos‐Saratoga Road and Rose Avenue in the city of Monte Sereno on August 2, 2018. (TAC, ¶ 14.) Plaintiff alleges that the warning surface pad was placed on the sidewalk as part of the 2010 Highway 9 Safety Improvement Pro...

Excerpt: ... 2020 or the early morning of January 26, 2020, and; (2) Negligence, alleged against Defendant Tau Kappa Epsilon, Inc. (“TKE”) only, alleging that it was in some fashion responsible for Swanson's attack on Plaintiff. The Court (Hon. Kirwan) previously heard Defendant TKE's demurrer to the second cause of action and motion to strike the Complaint's request for punitive damages on September 21, 2021. The Court's tentative ruling was to sustain ...

Excerpt: ....) The lease provided for an initial term of 10 years with 4 consecutive 5‐year renewal options. (Id.) Section 1.5.3 of the Lease states: 1.5.3 Termination for Failure of Use. If for any reason other than (a) as set forth in the Declaration, Title Commitment, Survey, or the Existing Exclusives, or (b) a cause within Tenant's control, Tenant is not able to operate for business in and from the Premises for the Authorized Use described in Section ...

Excerpt: ...nctions. DISCUSSION A. Legal Standard Any matter admitted in response to a request for admission is conclusively established against the party making the admission for purposes of the pending action, unless the court permits a withdrawal or amendment of the admission under section 2033.300. (§ 2033.410, subd. (a).) A party may withdraw or amend an admission made in response to a request for admission only with leave of court granted after notice...

Excerpt: ...rty opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 14 March 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 19 October 2021.5 Plaintiff allege that on or about 29 Septemb...

Excerpt: ...treet, San Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 14 March 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order Motion to Strike Portions of the Complaint by Defendant Stanley G. Silva, Jr. Trucking, Inc. I. Statement of Facts. Plaintiffs Giovannotto Land and Cattle, LLC (“Giovannotto”), ...

Excerpt: ...ril 13, 2018, Plaintiff received a complaint of harassment and bullying from a Muslim Pakistani subordinate of his by a Sikh Indian supervisor at Micron. (See complaint, ¶ 13.) On April 18, 2018, Plaintiff forwarded his subordinate's complaint to Plaintiff's supervisor, Prakash Jayapal, a Sikh Indian, for investigation. (See complaint, ¶ 14.) By the next day, April 19, 2018, Plaintiff's subordinate apprised Plaintiff that Micron had reprimanded...

Excerpt: ... opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 14 March 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion to Strike Portions of Plaintiff's Complaint. I. Statement of Facts. In or about 2000, plaintiff Humayun Kabir (“Kabir”) and defendant Greg Krikorian (“Krikorian”) purchased Battle Mfg Corp ...

Excerpt: ... plaintiff SI 38, LLC (“plaintiff”) against defendant, in connection with the premises leased by plaintiff to defendant. On or about November 30, 2005, defendant and plaintiff's predecessor in interest, FBJ Management, Inc., entered into a lease whereby defendant leased space in a shopping center at 20640 Homestead Road in Cupertino, CA (“original lease” and “premises” depending on context). The lease was for a term of 10 years with t...

Excerpt: ...ur commercial 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 compensa...

Excerpt: ...uash service of summons by publication, which Plaintiffs oppose. As discussed below, the Court GRANTS Mr. Gettings's motion. I. BACKGROUND2 Mr. Gettings filed his first motion to quash service of summons on April 7, 2021, challenging Plaintiffs' attempt to serve him at Palantir's business address because he had not worked for Palantir since 2015. In support of that motion, he filed a declaration stating that he had “resided outside of the State...

Excerpt: ...t, and disinherited Angelo. While it now appears uncontested that a special needs trust in which Anthony is beneficiary (“SNT”) is a beneficiary of the Trust pursuant to the Fifth Amendment, the issue in the instant motion is whether the interests of Anthony and Angelo pertaining to the Fifth Amendment are in conflict such that plaintiffs' legal counsel should be disqualified from concurrent representation of Anthony and Angelo. On October 26...

Excerpt: ... in Mountain View, at which a number of businesses operate, including a Safeway supermarket. (See complaint, ¶ 15.) On November 21, 2018, at around 8:50 pm, plaintiff Nelly Luisa Amador (“Plaintiff”) parked her vehicle at an available handicap parking spot near the Safeway supermarket, exited her vehicle, and made her way to the supermarket; however, she tripped over a concrete parking space block that was placed within the handicap parking ...

Excerpt: ... sought declaratory and injunctive relief. This amended Complaint challenged several restrictions, the most recent of which had been imposed on December 3, 2020. Previously on December 9, 2021 the Court heard a motion for judgment on the pleadings (“JOP”) brought by Defendants Gavin Newsom, in his official capacity as Governor of the State of California, and Tomas Aragon, in his official capacity as the Director of State Department of Public ...

Excerpt: ...is Plaintiff'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 Plaintiff alleges that he was employed by Defendants as an hourly, non‐exempt employee from Ap...

Excerpt: ...hour violations. Now before the Court is Plaintiffs' motion for preliminary approval of a settlement, which is unopposed. As discussed below, the Court GRANTS preliminary approval. I. BACKGROUND A. Factual Defendant operates and provides a global Data Center and IT Infrastructure Management software. (First Amended Complaint (FAC), ¶ 2.) It employed Plaintiffs and others as non‐exempt employees in California. (Id., ¶ 26.) Plaintiffs allege th...

Excerpt: ...actual 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 STANDARD FOR SETTLEMENT APPROVAL Generally, “questions whether a [class action] ...

Excerpt: ...uded express written warranties, such as a three‐year/36,000 mile express bumper to bumper warranty, a five‐ year/60,000 mile powertrain warranty which covers the engine and transmission, and a ten‐year/150,000 mile extended warranty that covers the brake assist. (FAC, ¶ 7.) During the warranty period, the Vehicle contained or developed defects, including but not limited to, defects related to the engine; defects related to the air conditi...

Excerpt: ...s 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) Failure to...

Excerpt: ... on March 9, 2022, at 9:00 a.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This action—ZL Technologies, Inc. v. SplitByte Inc, et al. (Case No. 20CV366939)—was filed on June 2, 2020, by ZL Technologies, Inc. (“ZL Technologies”) against SplitByte Inc. (“SplitByte”) and Arvind Srinivasan (“Srinivasan”). 1 ZL Technologies subsequently filed the operative First Amended 1 This action is conso...

Excerpt: ... follows: I. INTRODUCTION This putative class and representative action by plaintiffs Carlos Adalberto Mejia (“Mejia”) and Chris Alderson (“Alderson”) (collectively, “Plaintiffs”) arises out of various alleged wage and hour violations. The operative Second Amended Complaint, filed on January 27, 2022, sets forth the following causes of action: (1) Failure to Pay Minimum Wages; (2) Failure to Pay Overtime Wages; (3) Failure to Provide ...

Excerpt: ... I. INTRODUCTION This is a construction defect action. According to the allegations of the operative First Amended Complaint (“FAC”), filed on February 5, 2020, plaintiff SJSC Properties, LLC (“SJSC”) is in the process of building a modern, multifamily residential apartment complex and mixed‐use project comprised of two 28‐story towers and a below‐grade parking garage (the “Project”). (FAC, ¶ 2.) As a result of groundwater intr...

Excerpt: ...aint in this action was filed on December 28, 2017 and stated claims against three defendants: Defendant Ditech Financial LLC (“Ditech”), Defendant Countrywide Home Loans, Inc. (“Countrywide”) and Bank of America, NA (“BANA”). The operative Third Amended Complaint (“TAC”) was filed on July 9, 2021. The TAC for the first time added the Federal National Mortgage Association (“Fannie Mae”) as a defendant. The TAC alleges five num...

Excerpt: ...they are served with discovery, they will assert their Fifth Amendment privilege against self‐incrimination. The Motion is opposed by Ayhan Menekshe and the Menekshe Law Firm (Plaintiffs). The action arises out of the alleged embezzlement of a significant amount of money by Johnnell while she was employed performing office bookkeeping and accounting functions for Plaintiffs. It is alleged that she and Juan also used their construction company J...

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 07 March 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Orders on: 1. Motion of Plaintiff to Reconsider This Court's Order of 7 January 2022 Denying Leave to File an Amended Complaint; and 2. Motion of Plaintiff for a New Trial. I. ...

Excerpt: ...I. Background A. Factual This is a collection action arising out of the purchase of a vehicle. According to the allegations of the underlying complaint (“Complaint”), on April 16, 2016, Gresham executed a written contract and security agreement (the “Contract”) pursuant to which she purchased a 2016 Volkswagen Jetta (the “Vehicle”). (Complaint, ¶ 9 and Exhibit 1.) The Contract provided that if Gresham defaulted in the performance of ...

Excerpt: ...n 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 07 March 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Orders On: (1) Demurrer of Defendants To Plaintiff's Medical Battery Cause Of Action; and (2) Motion To Strike of Defendants to the Prayer For Punitive Damages. I. Statement of Facts. On informati...

Excerpt: ... an LLC by one of its members. According to the allegations of the operative FAC, on December 30, 2003, Plaintiff and Defendants entered into the “Spartagus, LLC Operating Agreement” (the “Agreement”), which made them managers and members of Spartagus, LLC (“Spartagus” or the “LLC” or the “Company”), an entity formed in order to operate a restaurant known as “Viva! Neighborhood Eatery of Los Gatos” (“Viva!”) in Los Gat...

Excerpt: ...e claims in this action were assigned to Plaintiff by LinkedIn (“Plaintiff's Assignor”) such that Plaintiff now owns and holds the claims. (Complaint ¶¶ 1, 4.) The obligations and claims were made and entered into, and are due and payable in Santa Clara County. (Id. ¶ 7.) Plaintiff is a collection agency, a corporation duly organized and existing under California law. (Id. ¶ 6.) In the four years before the commencement of this action, De...

Excerpt: ...es provider. (FAC, ¶ 1.) CNP, a food preparations' business, arranges for the provision of health care services to its enrollees and the payment or reimbursement of the cost of those services. (Id., ¶ 3.) Defendant Health Cost Solutions, Inc. (“HCS”), a third party claims administrator, works in such a capacity for CNP. (Id., ¶ 2.) Collectively, HCS and CNP will be referred to as “Defendants.” Patient M.L was a member of a health plan ...

Excerpt: ...and assault and battery civil rights violated. The action involves an incident at defendant Macy's store in Palo Alto, CA on December 23, 2015, in which plaintiff was arrested and charged by the Palo Alto police department for violation of Penal Code sections 69 resisting arrest and 1203.2 probation violation (“incident”). Plaintiff asserts that he was the victim in the incident, and was racially profiled and attacked by the responding police...

Excerpt: ...mplaint (“SAC”), ¶¶1 – 6 and 18.) Beginning in or around June 2020, defendants City of Palo Alto (“City”) and PAPD encouraged, endorsed, and otherwise permitted local efforts to engage in and showcase public art installations, including murals, throughout the City. (SAC, ¶19.) Specifically, City officials permitted and encouraged artists to create sixteen individual murals on City property that, sideby‐side, spelled out “Black Li...

Excerpt: ...der filed on October 19, 2021.1 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 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 Court GRANTS final approval. I. LEGAL STANDARDS FOR SETTLEMENT APPROVAL A. Class Ac...

Excerpt: ...iled reply. Hearing was set for February 1, 2022. The court found good cause for continuance of the hearing to consider the opposition and provide defendants opportunity to file reply. Defendants do not challenge that default and default judgment have been entered against them in this action, the latter occurring on June 13, 2016. Defendants assert that neither the individual defendant Kethineni, nor the entity defendant Neelinfo was served with ...

Excerpt: ...ted by plaintiff Van Tran (“Tran”). (Complaint at ¶ 1.) As a result of the collision, plaintiff Selck suffered multiple catastrophic injuries including spinal fractures, a femoral neck fracture, a clavicle fracture, rib fracture, foot fracture, and other injuries. (Ibid.) At the time of the collision, plaintiff Tran was covered by an automobile insurance policy issued by defendant Geico Casualty Company (“GEICO”), with liability limits o...

Excerpt: ...se considerations of the parties, the ruling at the hearing of March 1, 2022 addresses all motions to compel set on the three dates. Calendar lines 2‐5 concern the special interrogatories and request for production of documents served on plaintiffs Rodolfo Arevalo and Rosemarie Arteche Clemente, and the responses served by each plaintiff, identical in substance, which defendant considered deficient, resulting in the filing of the instant motion...

Excerpt: ...g at defendant Home Depot U.S.A., Inc. (sued as Home Depot U.S.A. Inc.; hereafter, “Home Depot”) and was in the process of loading his purchases into his vehicle. (First Amended Complaint (“FAC”), ¶14.) As plaintiff Lee was about to get into his car, plaintiff Lee was pulled into an altercation. (Id.) Plaintiff Lee alleges he did not commit a crime, but as [defendant City of San Jose (hereafter, “City”)] police arrived, plaintiff Lee...

Excerpt: ...d (2) to stay this action and a related action under the Private Attorneys General Act (PAGA) pending arbitration. Plaintiff opposes both motions. As explained below, the Court GRANTS Defendant's motion to compel arbitration of this case and stay this action pending arbitration, but DENIES its motion to stay the related PAGA action. I. BACKGROUND Plaintiff was employed by Defendant in a non‐exempt capacity from May 17, 2017 to March 1, 2021. (C...

Excerpt: ... the former head pastor and board chairman of the Church and Hungsun is his wife. (FAC, ¶¶ 12, 14.) Kim and Jung are former board members and chief financial officers of the SJKCC. (FAC, ¶ 13.) Austin is a close associate of Francis' and was the agent of service of process for an entity named Healing Hands Dental Mission, Inc. (“HHDM”). (FAC, ¶ 30.) Park is Austin's wife. (FAC, ¶ 15.) In May 2019, Francis was suspended from his board cha...

Excerpt: ... of Robert Quist, David Becker, Becker Legal Group, LLC, and Bridge and Post, Inc. (“Bridge”) (collectively, “Cross‐Complainants”). III. Background C. Factual This is an action for breach of a settlement agreement purportedly reached to settle a lawsuit initially filed by Kleidman in 2013. According to the allegations of the CrossComplaint, in November 2010, technology startup Feeva ran out of funds and went out of business. (Cross‐Co...

Excerpt: ...plaintiff's performance of the contract and that a sum is due to plaintiff. On August 31, 2021, defendant filed the instant demurrer to plaintiff's complaint. The demurrer is a special demurrer filed on the ground that plaintiff does not have the legal capacity to sue. Subdivision (b) of Code of Civil Procedure section 430.10. Amended notice of hearing is on file. No opposition to the demurrer has been filed. Request for judicial notice Defendant...

Excerpt: ...deed of trust on real property located at 505 Las Coches Ct. in Morgan Hill. (Complaint at ¶ 11, Ex. A.) Plaintiff Sandra Harmon (“Plaintiff”) signed the agreement as Director of Arttec. (Ibid.) The deed of trust named Western Resources Title as the trustee, and CFS as the beneficiary. (Ibid.) On October 11, 2018, an assignment of the deed of trust was recorded, naming Civic Holdings I Trust (“Trust”) c/o Fay Servicing, LLC (“Fay”) a...

Excerpt: ...Id.) During the course of their online interactions, Coons claimed her 17 year old son studying in Ghana was in the hospital following an automobile accident. (Id.) Coons claimed her son had a severe spinal fracture and asked plaintiff Sharma for financial help. (Id.) Skeptical of online dating scams, plaintiff Sharma requested picture ID, a UN appointment letter, proof of residence, video call, and hospital bills from Coons. (Id.) Coons provided...

Excerpt: ...' 91‐year old mother, Ressurrection “Rosie” Arevalo Arteche (“plaintiffs' mother”) entrusted defendant to hold the plaintiffs' mother's cash in five envelopes totaling $25,300 while plaintiffs' mother travelled abroad. The full amount was not returned to plaintiffs' mother after she returned from traveling. A deficiency of $16,200 forms the basis of the lawsuit. On June 23, 2021, defendant propounded identical sets of special interrogat...

Excerpt: ... lawsuit in Missouri which was filed in 2014 and dismissed in 2015 due to Plaintiffs' failure to prosecute. The original (unverified) Complaint in this matter was filed on January 6, 2020. The operative (unverified) First Amended Complaint (“FAC”) was filed a year later on January 6, 2021. The FAC states three causes of action (labeled as “counts”): (1) Breach of Contract (an insurance policy for property located in Missouri); (2) “Vexa...

Excerpt: ... Ida Jew Academy, a charter school within defendant Mount Pleasant Elementary School District (“MPESD”). According to the allegations of the Complaint, MPESD contracted with defendant Santa Clara County Office of Education (“SCCOE”) to provide an outdoor education experience for minor students, including Plaintiff, particularly at Walden West Science Camp (“Walden West”), a public educational science overnight camp owned by SCCOE. (FA...

Excerpt: ...n the Interactive Process; (3) sixth cause of action for Failure to Accommodate Disability; and (4) seventh cause of action for Retaliation (use of or interference with CFRA rights). Plaintiff requests that the Court grant the motion “in the furtherance of justice” and argues that absent a showing of prejudice, delay alone is not grounds for denial of a motion to amend. (California Civil Procedure Code sections 473 subdivision (a) and 576). P...

Excerpt: ...plus Lines Insurance Company, seeking compensation under their policies for losses resulting from the COVID‐19 pandemic. Before the Court are (1) Factory Mutual's demurrer to the operative First Amended Complaint (“FAC”) for failure to state a claim, and alternative motion to strike allegations from the FAC, and (2) Lexington and Starr's motion to quash for lack of personal jurisdiction or, alternatively, to sever for improper joinder and i...

Excerpt: ...ising out of the alleged failure to pay for legal services rendered. According to the allegations of the FAC, Bomi, Peak Health and Joseph retained Plaintiff as its counsel in June 2018, as did defendant The Phyto Foundation (“Foundation”). (SAC, ¶¶23, 24, 26, 28 and Exhibits A, B, D and F.) Barahona executed the agreement for legal services with Plaintiff on behalf of the Foundation. (Id., ¶ 28.) At their initial and subsequent meetings, ...

Excerpt: ...an 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 23 February 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Orders on: 1. Demurrer to Plaintiff's Complaint; and 2. Motion to Strike Plaintiff's Complaint. I. Statement of Facts. Plaintiff Chipongolo Mulenga (“Plaintiff”) is a Black woman who was b...

Excerpt: ...ue, in Sunnyvale, California (the “Property”) which is Plaintiff's primary residence. (Complaint at ¶ 11.) In May 2007, Plaintiff obtained a loan in the amount of $330,000 from Washington Mutual Bank, FA (“WAMU”), secured by a Deed of Trust against the Property. (Ibid.) The subject loan was assigned multiple times resulting in a constant revolving door of loan beneficiaries and servicers. (Complaint at ¶ 14.) Within a few years of Plain...

Excerpt: ...uary 9, 2016, La Encina and Group One entered into an agreement in which Group One would perform certain construction work on La Encina's property in exchange for $3,900,000. (See La Encina cross‐complaint, ¶¶ 10‐11.) Group One breached the contract, failing to pay subcontractors, suppliers and laborers within 7 days after receipt of payment from La Encina, failing to hold payments received from La Encina for the benefit of subcontractors, ...

Excerpt: ...fendant from May 30, 2012 until the date of request and (c) Defendant's annual and quarterly general ledgers listing all financial transactions from May 30, 2012, until the date of request. The documents were to be provided by May 14, 2019. Plaintiff also contends that Defendant is in violation of a stipulated order dated June 19, 2019 that Defendant produce “top level” documents maintained by Defendant to sufficiently identify Defendants ann...

Excerpt: ... for plaintiff's deposition at the office of attorneys for defendant or be permitted to appear remotely via Skype or other platform. Subdivision (a) of Section 2025.310 permits the deposition officer/reporter to appear at the deposition remotely at the election of either the deponent or deposing party, and expressly provides that the deponent is not required to be physically present at the same location with the deposition officer/reporter. While...

Excerpt: ...that the term “warranty repairs” is vague, ambiguous, and overbroad is OVERRULED. While defendant may answer the SI by specifying writings where the answer can be derived or ascertained, here the response lacks sufficient detail to permit the propounding party to locate and identify the answer to the SI. The motion to compel further response to the interrogatory is GRANTED. Defendant shall serve a further response to the SI, without objection...

Excerpt: ... hearing, plaintiff requested that the court rule on each interrogatory, primarily for a record of rulings on general objections and objections to each request in response and amended response of defendant set forth in defendant's amended responses to plaintiff's request for production, set one. After consideration of the authority and argument of counsel set forth in the papers filed in support, opposition and reply, the court issues the followi...

Excerpt: ...ught by Defendants PDI Legacy, Inc., Acrisure of California, LLC and Jon Voorhies (hereafter “Defendants”) on November 18, 2021. An amended notice of motion was filed on December 17, 2021. Plaintiff's opposition to the motion was filed on February 9, 2022. I. Motion to Strike Pursuant to Code of Civil Procedure (“CCP”) §436 a court may strike out any irrelevant, false, or improper matter inserted into any pleading or strike out all or pa...

Excerpt: ...brings his own motion for summary adjudication of this issue, which Defendants oppose. As discussed below, the Court GRANTS Defendants' motion and DENIES Plaintiff's. I. BACKGROUND A. Factual As alleged in the operative complaint, Defendants maintain and operate a health and fitness facility in California, where Plaintiff was employed. (First Amended Representative Action Complaint (“FAC”), ¶¶ 2, 14, 15.) Plaintiff alleges that Defendants c...

Excerpt: ...ON This is an action under the Unfair Competition Law (“UCL”) and Consumers Legal Remedies Act (“CLRA”), arising out of defendant Comcast Cable Communications, LLC's (“Defendant”) alleged unlawful marketing and sales practices used in providing Xfinity cable, internet, home telephone, security, and/or other subscription services to consumers. (Complaint, ¶ 2.) 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ...

Excerpt: ...2022 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION Plaintiff David Chai (“Chai”) brings this putative consumer class action pursuant to the California Fair Debt Buying Practices Act (“CFDBPA”) against defendants Velocity Investments, LLC and Velocity Portfolio Group, Inc. (collectively, “Defendants”). According to the allegations of the Class Action Complaint (“Complaint”), fil...

Excerpt: ...laintiffs, vs. CITY OF SAN JOSÉ, BOARD OF ADMINISTRATION OF THE FEDERATED CITY EMPLOYEES' RETIREMENT SYSTEM, DAVID SYKES, IN HIS OFFICIAL CAPACITY AS THE CITY MANAGER OF THE CITY OF SAN JOSÉ, AND DOES 1‐50, , Respondents/Defendants. Case No. 17CV312610 TENTATIVE RULING RE: MOTION FOR SUMMARY JUDGMENT The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on February 23, 2022 at 1:30 p.m. in Department 3. The c...

Excerpt: ...tive ruling as follows: I. INTRODUCTION This is a class and representative action arising out of various alleged wage and hour violations. The operative First Amended Complaint (“FAC”), filed on November 25, 2020, sets forth the following causes of action against defendant Joseph J. Albanese, Inc. (“Defendant”): (1) Minimum Wage Violations; (2) Rest Period Violations; (3) Meal Period Violations; (4) Failure to Indemnify All Necessary Busi...

Excerpt: ...epartment 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a representative action pursuant to the Private Attorneys General Act of 2004 (“PAGA”), the class claims having been dismissed without prejudice at Plaintiff's request on August 20, 2021. The First Amended Complaint, filed on December 17, 2019, sets forth an Eleventh Cause of Action under PAGA, which includes claims for violations of various Labor Code ...

Excerpt: ...or the services. Defendant breached the contract by failing to pay for services. It is further alleged that on January 14, 2014, defendant executed a written guaranty and addendum to the contract. The complaint alleges three causes of action for breach of the written engagement agreement, breach of the written guaranty agreement and for successor in interest. Trial is set for March 21, 2022. On December 21, 2021, plaintiff filed the instant motio...

Excerpt: ...e attending physician, Dr. Ngai Nguyen (“Dr. Nguyen”). (Ibid.) Dr. Nguyen determined that Huynh needed to be placed in a facility with skilled nursing care for his rehabilitation. (Ibid.) Dr. Nguyen recommended Mission De La Casa Nursing Center (“Mission”) to Huynh of which Dr. Nguyen wholly owns and controls. (Ibid.) Dr. Nguyen stated Huynh would be discharged from the nursing facility when he was stronger. (Ibid.) Dr. Nguyen told Huynh ...

Excerpt: ...must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 18 February 2022. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON DEMURRERS TO THE CROSS‐COMPLAINT I. Statement of Facts Complaint In or about early March 2018, plaintiff Chaoliang Gu aka Colin Gu (“Gu”) first met defendant Peter Moran aka Pierre Moran (“Moran”) when he was applying for a product manager role at ...

Excerpt: ...call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on February 18, 2022. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION FOR JUDGMENT ON THE PLEADINGS I. Statement of Facts. Complaint Defendant Ali Kamarei (“Kamarei”) is in a romantic relationship with plaintiff Jane Doe's mother. (Complaint, ¶5.) Because of this romantic relationship, defendant Kamarei is often left a...

Excerpt: ...), on January 20, 2018, Tostado was driving a ProTransport ambulance in a negligent manner, causing it to collide with Plaintiff's vehicle, resulting in injuries to him. B. Procedural Based on the foregoing, the Complaint1 was filed on January 7, 2020, asserting claims for motor vehicle negligence and general negligence. On August 27, 2021, Defendants filed the instant motion for summary judgment. Plaintiff opposes the motion. II. Defendants' Mot...

Excerpt: ...and on any terms as may be proper, allow a party to amend any pleading…' [Citation.] However, the court's discretion will usually be exercised liberally to permit amendment of the pleadings. The policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified.” (Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428.) “Although courts are bound to apply a policy of great liberality in...

Excerpt: ...H. DISCUSSION A. Legal Standard Any matter admitted in response to a request for admission is conclusively established against the party making the admission for purposes of the pending action, unless the court permits a withdrawal or amendment of the admission under section 2033.300. (§ 2033.410, subd. (a).) A party may withdraw or amend an admission made in response to a request for admission only with leave of court granted after notice to al...

Excerpt: ...�) entered into a written lease agreement (the “Lease Agreement”). (Complaint at ¶ 7.) Under the Lease Agreement, defendant Mosaic agreed to lease certain premises located at 3595 Stevens Creek Blvd. in Santa Clara, California, 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.) In connection with the Lease Agreement, defendant Eyekick Visual,...

Excerpt: ...Discover's demand. B. Procedural Based on the foregoing allegations, Discover initiated this action on November 18, 2020, with the filing of the Complaint, which asserts claims for open book account and account stated. On December 15, 2020, Jennings filed an answer. On August 31, 2021, Discover filed the instant motion for summary judgment, or in the alternative, for summary adjudication for each cause of action. On February 15, 2022, Jennings fi...

Excerpt: .... (Id.) In October 2020, Decedent developed signs and symptoms of infection, including chills, a fever, increasing confusion and other symptoms. (Id.) Plaintiff Alice Mohorko‐Lotter (“Plaintiff”) spoke with Decedent on the telephone and noted her increased confusion to staff; however, there is no documentation or evidence that the staff took any steps to follow up on these signs and symptoms, or reported them to her physician. (Id.) Deceden...

Excerpt: ...orth 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 16 February 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Petition of Defendants to Compel Arbitration and Dismiss/Stay Action. I. Statement of Facts. Plaintiff filed this complaint on 26 January 2021. 14 Plaintiff is emp...

Excerpt: ..., 2019, defendants filed a memorandum of costs. Plaintiffs appealed the anti‐SLAPP order, and on July 7, 2021, the Court of Appeal issued its opinion affirming the order (modified on August 11, 2021). Defendants are awarded their costs on appeal. On September 30, 2021 the Court of Appeal issued a remittitur which was amended on October 5, 2021. On October 28, 2021, defendants filed a second memorandum of costs on trial, and a memorandum of cost...

Excerpt: ... 9, 2020. On November 9, 2021, plaintiff filed the instant motion to disqualify Sheppard, Mullin, Richter & Hampton (“SMRH”) as attorneys for defendant, strike answer of defendant, and for sanctions. On February 3, 2022, defendant filed opposition, and on February 8, 2022, plaintiff filed reply. Summary of contentions Plaintiff asserts that SMRH represents VMware in another, unrelated lawsuit, Awadallah v. VMware, Inc., filed with the Santa C...

Excerpt: ...parate discovery requests on Plaintiff: Demand for Inspection of Documents, Set One; General Form Interrogatories, Set One; Employment Form Interrogatories, Set One; Special Interrogatories, Set One; Requests for Admission, Set One. The time for responding to this discovery has long since expired. According to Plaintiff's Opposition papers filed on 2/1/22, the motions are moot because complete, code compliant verified responses to all of the disc...

Excerpt: ...arty opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 16 February 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order On Motion of Defendant Kenzo Sudo for Summary Judgment; or in the alternative, for Summary Adjudication. I. Statement of Facts. In or around 1998, plaintiff Alan Yu (“Yu”) joined defendant Advan I...

Excerpt: ...sing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 16 February 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion by Plaintiff for Summary Judgment re: Plaintiff's Verified First Amended Complaint, or, in the alternative, Summary Adjudication. I. Statement of Facts. Plaintiff Lan Bui (“Bui”), an individual a...

Excerpt: ...treet, 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 16 February 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order Motion of Plaintiff for Monetary, Issue, Evidence, and Terminating Sanctions for Spoliation of Evidence. I. Statement of Facts. Plaintiff filed this complaint on 19 April 2019. 1...