Excerpt: ...Penalties Pursuant to Labor code" 201, 202, 204, 226(a), 226.7, 246, 248.2, 248.5, 248.5, 510, 512, 1174, 1174.5, 1194, 1197, and 1197.1 and Pursuant to Labor Code S 2599(a) for Violations of Labor Code SS 225.3 and 558. The parties have reached a settlement of the PAGA claim. Plaintiff Anthony Batista ("Plaintiff") now moves for approval of the settlement. The motion is unopposed. X. LEGAL STANDARD Under PAGA, an aggrieved employee may bring a c...

Excerpt: ...laint, which set forth a single cause of action for Violation of California Labor Code S 2698, et seq. (California Labor Code Private Attorneys General Act of 2004). The parties have reached a settlement. Plaintiff moved for approval of the PAGA settlement. On March 29, 2023, the court continued the moton for approval of PAGA settlement to May 17, 2023. The court explained that Plaintiff had not met his burden to show that the settlement is fair ...

Excerpt: ...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; (5) Failure to Pay All Wages Due to Discharged and Quitting Employees; (6) Failure to Maintain Required Records; (7) Failure to Furnish Accurate Itemized Wage Statements; (8) Failure to Indemnify Employees for Necessary Expenditures Incur...

Excerpt: ...except Exhibit D are records of the superior court. The Court could find no filed pleading corresponding to September 11, 2019. The aforementioned exhibits, A-C and E-l are subject to judicial notice as records of the superior court under Evidence Code section 452, subdivision (d). (See Stepan v. Garcia (1974) 43 Cal.App.3d 497, 500 [the court may take judicial notice of its own file].) But, "while courts are free to take judicial notice of the e...

Excerpt: ... opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 08 May 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order On Defendants Planet Auto Wholesale And Planet Auto Self Serve's Demurrer To Plaintiff Teresa Sandra Guandulain's Form Complaint. l. Statement of Facts. On 5 August 2022,1 plaintiff Teresa Sandra Guandulain ("Plaintiff") fi...

Excerpt: ...n July 29, 2019. (See TAC at '1 4.) The original Complaint, the First Amended Complaint ("FAC"), and the Second Amended Complaint ("SAC") all list seven defendants on the caption page: the Board of Trustees of the Leland Stanford Junior University, Jane Duperrault, Lawrence Chu, M.D., Norma Leavitt, Susan Hoerger, Marc Tessier-Lavigne, and Ronald Pearl (collectively, "Defendants"). Darden alleges the following misrepresentations: 1. Job Advertise...

Excerpt: ...C "Defendants"). Kentfield Property According to the allegations in the First Amended Complaint ("FAC"), in or around April 2017, Plaintiff was solicited by defendants Braegelmann and Tralka, acting on behalf of defendants GCA and Good Steward, regarding construction financing of undeveloped real property known as the Kentfield Property. (See FAC, 11.) Said defendants represented that GCA owned the Kentfield Property and once developed it would b...

Excerpt: ... Bernardino County. (See complaint, '1 13.) On June 4, 2016, Defendant refused to comply with a family law court order for the minor child's visitaton with Plaintiff, and the police enforced the order. (ld., at 14.) In June of 2016, Defendant filed a domestic violence claim in San Bernardino Superior Court, but her claim was denied. (ld., at 16.) Defendant's refusal to comply with family court orders and continued until February 2017, when the co...

Excerpt: ...e of Civil Procedure section 340.1, subdivision (b)(l), does not apply to the conduct alleged here. Accordingly, the court denies the motion. As an initial matter, the court notes that the complaint names three defendants (in addition to Doe defendants): the Church, the Corporation of the President of the Church of Jesus Christ of Latter- Day Saints (the "Corporation of the President"), and Phil Stewart, a former bishop. The motion is unclear, ho...

Excerpt: ...) and owned and operated by defendant David Shannon Propach ("Propach"). (See complaint, "1 7-11.) When the Yamaha vessel engine was off, Plaintiff saw the ski tow rope float under the boat and reached for the rope when Propach then started the engine. (See complaint, 11-12.) The ski tow mpe was inhaled into the impeller and then wrapped around Plaintiff's hand, pulling her over the port side of the gunwale, causing a traumatic partial amputation...

Excerpt: ... as to the Fourth Amended Cross-complaint ("4ACC") filed by crosscomplainants TGM, Wright and Iversen (collectively, "Cross-complainants"). Pursuant to California Rule of Court 3.1308, the Court issues its tentative ruling as follows: l. Background A. Factual 1. Complaint This is an action for breach of contract. According to the Complaint, PAPO is the owner of CTC, a real estate development project located in Palo Alto which includes the premise...

Excerpt: ...d not purchase the "Full Driving Capability Package." According to Tesla, Autopilot prov-des numerous warnings and instructions to its users, both in the manual and in the car while the Tesla is in use, making clear that drivers need to keep their hands on the wheel and "be prepared to take over at any time" even while Autopilot is engaged. Tesla also argues that consumers are made aware of Autopilot's limitations in areas where, for example, the...

Excerpt: ...ourt GRANTS Cisco motion. The court also finds that Cisco has demonstrated "no reasonable likelihood" of Ali's prevailing in this action and that it is therefore entitled to an order that Ali post a security before continuing this litigation. Nevertheless, the court finds no evidentiary basis for the $250,000 requested by Cisco and therefore orders the parties to appear to address the question of the appropriate amount. Code of Civil Procedure se...

Excerpt: ...e. 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 8 May 2023. Please specify the issue to be contested when calling the Court and Counsel. Order on Special Motion to Strike the Seventh and Eighth Causes of Acton in the Complaint by Defendants Lisa Fraser, Ben Abeln, Deana A. Arnold, Erin Asheghian, Ron Bourque, Kevin Grier, Charlotte Khandelwal, Billy Martin, and Lom...

Excerpt: ...hat certain limited discovery is needed in order to oppose the motons. Having reviewed the submissions of the parties, the court grants in part and denies in part the motion to lift the stay of discovery: • Subpoena for documents from Stanford: GRANTED. The court finds that White has shown good cause to obtain documents from Stanford relating to: (1) any complaints of sexual assault against White by the defendants, and (2) complaints of any nat...

Excerpt: ..., in March 2016, Plaintiff started as a part-time sales consultant for Quantea. (Complaint, '1 19.) During his employment with Quantea, Plaintiff (1) was subject to Quantea's control and direction in connection with the performance of work; (2) performed work that was within the usual course of Quantea's business; and 5 (3) was customarily engaged in an independently established trade, occupation, or business of the same nature as that involved i...

Excerpt: ...mplaint in case number 22CV399354 ("the '354 complaint") against Abdolyousefi asserting causes of action for: 1) Fraud; 2) Breach of Contract; 3) Declaratory Relief — Rescission; 4) Declaratory Relief — Contract Terms; 5) False personation/ldentity Theft; 6) Partition and Sale of Real Property; 7) Unjust Enrichment and Restitution; 8) Assault and Battery; 9) Defamation; and 10) Computer Tampering. On May 2, 2023, the Court granted Abdolyousef...

Excerpt: ... the settlement is in good faith. City of Gran Terrace v. Sup. Ct. (1987) 192 Cal.App.3d 1251, 1261. In determining faith the court considers a number of factors as laid out in Tech-ant, Inc. v. Woodward Clyde Assocs. (1985) 38 Cal.3d 488. As explained in Tech-Bilt, the court should consider the plaintiff's likely total recovery, the settlor's proportionate liability, the amount paid in settlement, the allæation of settlement proceeds among plai...

Excerpt: ...es during the COVID-19 pandemic. As a result, Plaintiffs initiated this action and sought injunctive relief in this Court in October 2020. On November 2, 2020, the Court issued a temporary restraining order, and on November 24, 2020 issued a modified temporary restraining order and preliminary injunction enjoining Calvary from violating restrictions on indoor gatherings and requirements for face coverings and social distancing and from operating ...

Excerpt: ...auses of action: (1) Failure to Pay Minimum and Straight Time Wages [Cal. Lab. Code SS 204, 1194, 1194.2, and 1197]; (2) Failure to Pay Overtime Compensation [Cal. Lab. Code SS 1194 and 1198]; (3) Failure to Provide Meal Periods [Cal. Lab. Code SS 226.7 and 5121; (4) Failure to Authorize and Permit Rest Breaks [Cal. Lab. Code SS 226.7]; (5) Failure to Timely Pay Final Wages at Termination [Cal. Lab. Code SS 201-203]; (6) Failure to Provide Accura...

Excerpt: ...January 17, 2023, sets forth the followng causes of action: (1) Failure to Pay All Minimum Wages; (2) Failure to Pay All Overtime Wages; (3) Failure to Provide Rest Periods and Pay Missed Rest Period Premiums; (4) Failure to Provide Meal Periods and Pay Missed Meal Period Premiums; (5) Failure to Maintain Accurate Employment Records; (5) Failure to Pay Wages Timely During Employment; (7) Failure to Pay All Wages Earned and unpaid at Separation; (...

Excerpt: ...ises Ceja Martinez ("Martinez") (collectively, "Plaintiffs") filed a Complaint for Statutory Violations and Attorneys' Fees against defendants Starz Telecom, Inc., Sammy Dean Wilbur Isaacson, and Joshua Michael Wayn Isaacson (collectively, "Defendants"), which sets forth causes of action for: (1) Violation of the California Labor Code section[s] 218.5, 1194, 1194.2, 1771, 1774, 1810, 1815; (2) Failure to Pay Minimum wages and wage set by Statute ...

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

Excerpt: ... Community Hospital of the Monterey Peninsula ("CHOMP") (collectively, "Defendants") pursuant to the California Rosenthal Fair Debt Collection Practices Act, Civil Code sections 1788-1788.33 ("RFDCPA").2 Plaintiff alleges that Defendants sent him a collection letter dated August 2, 2021. (Complaint, 17-19 & Ex. 1.) Defendants allegedly failed to include the notice required by Civil Code section 1788.14, subdivisions (d)(l) and (2) in their first ...

Excerpt: ...ts tentative ruling as follows: XIII. INTRODUCTION This coordinated action involves two cases: (1) Jesus Beltran v. Recology South Bay, et al. (Case No. 22CV396584, Santa Clara County Superior Court) ("Beltran"); and (2) Antoine Brooks, et al. v. Recology American Canyon, et al. (Case No. CGC-22-599566, San Francisco County Superior Court) ("Brooks"). The Complaint in Beltran, filed on April 4, 2022, sets forth the following causes of acton: (1) ...

Excerpt: ... plaintiff Mercedes Ibarra ("Plaintiff") on October 13, 2022, sets forth causes of action for: (1) Violation of Cal. Labor Code SS 510 and 1198 (Unpaid Overtime); (2) Violation of Cal. Labor Code SS 226.7 and 512(a) (Unpaid Meal Period Premiums); (3) Violation of Cal. Labor Code S 226.7 (unpaid Rest Period Premiums); (4) Violation of Cal. Labor Code SS 1194, 1197 and 1197.1 (unpaid Minimum Wages); (5) Violation of Cal. Labor Code SS 201, 202 and ...

Excerpt: ...FAC, on June 11, 2011, Plaintiff purchased a 2011 KIA Optima (the "Vehicle") manufactured and/or distributed by Defendant. (FAC, 6.) In connection with the purchase, Plaintiff received an express warranty pursuant to which Defendant was to preserve or maintain the Vehicle's utility or performance or provide compensation in a specified period of time if utility or performance failed. (ld„ '1 7.) During the warranty period, the Vehicle contained ...

Excerpt: ...all defendants: (1) Wrongful Death; (2) Survival Action — General Negligence; (3) Breach of Implied Contract; (4) Breach of Contract; (5) Violation of California Education Code secton 65270; (6) Loss of Consortium; (7) Negligent Infliction of Emotional Distress; and (8) Intentional Infliction of Emotional Distress. There are no exhibits attached to the complaint.3 Currently before the court is a demurrer by defendant The Board of Trustees of th...

Excerpt: ...ded Complaint ("AC"), Plaintiff is an insurance company that issued a series of insurance policies to corporate insureds (the "Insureds") for coverage against cyber-related insurance risks. (AC, '1 2.) Defendant is a technology and software company that provides software for secure electronic file sharing and services to customers. (ld., 5.) Defendant developed and sold licenses for a software called File Transfer Appliance ("FTA"), which it mark...

Excerpt: ...t El camino Real APN 165-01-040 (See complaint, "1 1-2.) Plaintiffs, Donald Ottavis ("Donald") and Ernest Ottavis ("Ernest") (collectively, "Plaintiffs") are co-Trustees of the Thelma Ottavis 2004 Trust (the "Ottavis Trust") which owns an undivided 25% interest in the Properties as tenant in common. (See complaint, 1- 2.) Defendants Silvio and Angele Borello are Trustees of the Borello Trust, which owns an undivided twenty-five percent (25%) inte...

Excerpt: ... opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 08 May 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order On Defendants Planet Auto Wholesale And Planet Auto Self Serve's Demurrer To Plaintiff Teresa Sandra Guandulain's Form Complaint. l. Statement of Facts. On 5 August 2022,1 plaintiff Teresa Sandra Guandulain ("Plaintiff") fi...

Excerpt: ..., on February 16, 2018, plaintiff Sabri Gurbuz was at 1 Apple Park Way, Cupertino, California 95014 (the "Premises" or "AC2"). (Cause of ActionGeneral Negligence, GN-I.) He operated a bicycle on or about a sloped loose surface of a designated path linking structures causing the thin tires to lose stability, fall, and cause seriously bodily injury. (Ibid.) Defendants, and each of them, negligently owned, designed, constructed, managed, maintained,...

Excerpt: ...e tentatve ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 08 May 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Moton Of Plaintiff To Compel Defendant To Provide Further Responses To Request For Production Of Documents. l. Statement of Facts. Plaintiff filed this complaint on 19 April 2019.8 In this personal injury action, plaintiff claims she...

Excerpt: ...el; (4) Fraud; (5) Unfair Business Practice[s]; (5) Unjust Enrichment; (7) Money Paid; (8) Accounting; and (9) Conspiracy. She alleged that defendants Wu, Hu and Li were all the alter egos of We Party. We Party brought a demurrer to the original complaint, as well as a motion to strike the complaint's request for punitive damages. Ren, now self-represented, filed oppositions to the demurrer and motion to strike. Ren also filed a motion for leave ...

Excerpt: ...d at an RV park owned by Defendant Equity Lifestyle Properties, Inc. ("Equity"), causing him to suffer severe injuries to his left shoulder. Plaintiff initiated this action on October 2, 2019 against Equity and Comco. In June 2021, Plaintiff took Jeff Gipson's deposition. Mr. Gipson is the owner of Comco and was identified as its person most knowledgeable. At that deposition, Mr. Gipson essentially testified that Comco did not remove "any of the ...

Excerpt: ...e. 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 8 May 2023. Please specify the issue to be contested when calling the Court and Counsel. Order on Special Motion to Strike the Seventh and Eighth Causes of Acton in the Complaint by Defendants Lisa Fraser, Ben Abeln, Deana A. Arnold, Erin Asheghian, Ron Bourque, Kevin Grier, Charlotte Khandelwal, Billy Martin, and Lom...

Excerpt: ...tion of Kelsey Jeup ("Jeup Decl."), 96; see also, Complaint.) Mr. McKenzie claims Zoom terminated him in retaliation for a medical leave he took during his employment and asserts the following claims: disability discrimination in violation of FEHA, failure to accommodate in violation of FEHA, failure to engage in the interactive process in violation of FEHA, retaliation in violation of FEHA, failure to investigate and prevent in violation of FEHA...

Excerpt: ..., Petrini filed a proposed default judgment. On July 22, 2022, Crosscomplainants filed a request for entry of default as to the cross-complaint. On October 31, 2022, Petrini filed a motion to strike the cross-complaint, answer, and request for entry of default as untimely. On January 20, 2023, the Court filed its order denying Petrini's motion to strike, stating: Petrini's premise that the date that a pleading is filed is determined by the date t...

Excerpt: ...ntained, managed and operated the premises. (ld„ at p.4, Prem.L-2.) Defendants City of San Jose and Apollo Adult Day Program, Inc. owned the public property on which the dangerous condition existed and had constructive notice of the existence of the dangerous condition in sufficient time prior to the injury to have corrected it. (ld., at p.4, Prem.L-4.) Plaintiff filed a Judicial Council form complaint against defendants City and Apollo Adult D...

Excerpt: ...h the original complaint and the first amended complaint, which were sustained or granted in part. Latessa filed her operative second amended complaint ("SAC") on December 30, 2022. Defendants filed the present demurrer and motion to strike on January 31, 2023. II. FACTUAL ALLEGATIONS IN THE SAC After successfully applying to Stanford's Botha-Chan Entrepreneurship Innovation Program in 2021, the parties allegedly formed a joint venture partnershi...

Excerpt: ...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 approva , but wants the parties to meet and confer about using a single definition for the entire proposed class, and to report on their discusssions at the May 4 hearing. l. BACKGROUND Plaintiff Lillian Audycki began employment with Defendant in September 2014 and contnues to work...

Excerpt: ...claim, based on the United States Supreme Court's decision in Viking River Cruises, Inc. v. Moriana (2022) U.S. [142 S. Ct. 1906, 2022 U.S. LEXIS 2940] (Viking River). Defendants seek dismissal of the representative PAGA claim. Plaintiff opposes Defendants' motion, urging that the parties' agreement here requires arbitration of the entire PAGA claim—including its representative component—and provides no basis to compel individual arbitration....

Excerpt: ...ered with ILA's relationship with ASIP Holdings and Q Networks, and wrongly claimed ownership of intellectual property developed in connection with the project. JLA alleges that Defendant Liangwa Jou aided and abetted Mr. Rajagopalan in his attempted "equity grab" from JLA/Q Networks. In a cross-complaint, Mr. Rajagopalan alleges that he never signed the draft consulting agreement and was not paid for much of his work. Moreover, he claims he disc...

Excerpt: ...A claim; and (2) Plaintiff's motion to compel further responses to discovery requests seeking information about the aggrieved employees. 80th motions are For the reasons discussed below, the Court DENIES Dart's motion and GRANTS Plaintiff's. l. BACKGROUND A. Factual According to the operative complaint, Dart is a Michigan corporation with its principal place of business in Michigan, but does business in California. (Second Amended Class and Repre...

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

Excerpt: ...andhi opposes both motions. As discussed below, the court DENIES Hone capital's motions. l. LEGAL STANDARD AND TERMS OF PROTECTIVE ORDER On November 29, 2021, the Court (Judge Rudy) entered a stipulated protective order in this matter (the "SPO"). The order provides that a party may designate as "Confidential Information" documents that the party "considers in good faith to contain information involving trade secrets, or confidential business or ...

Excerpt: ...e Case Management Conference is continued to May 4, 2023. No later than 4 p.m. on Friday, April 28, 2023, Plaintiff is ordered to email to the Court, copied to Defendant, at [email protected]: (a) two redlines of its trade secret disclosures illustrating (1) what was changed from the first to second disclosure and (2) what was changed from its second to third disclosure; (b) an explanation of no more than one page for how its disclosure un...

Excerpt: ...on: (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; (6) Failure to Furnish Accurate Itemized Wage Statements; (7) Failure to Indemnify Employees for Necessary Expenditures Incurred in Discharge of Duties; and (8) Unfair and unlawful Business Practices. As is relevan...

Excerpt: ...rn and practice of towing vehicles in violation of Vehicle Code sections 22953 and 22658. According to the allegations of the operative Second Amended Complaint ("SAC"), filed on February 25, 2022, Defendants caused vehicles to be towed without first having obtained signed authorizations from the property owner or its agents, in violation of Vehicle Code section 22658, subdivision (1)(1), and caused vehicles to be towed from the space available t...

Excerpt: ...0, sets forth the following causes of action: (1) Failure to Pay All Wages; (2) Rest Period Violations; (3) Meal Period Violations; (4) Wage Statement Violations; (5) Waiting Time Penalties; (6) Unfair Business Practices; (7) PAGA Penalties for Failure to Pay All Wages; (8) PAGA Penalties for Rest Period Violations; (9) PAGA Penalties for Meal Period Violations; (10) PAGA Penalties for Wage Statement Violations; and (11) PAGA Penalties for Waitin...