Excerpt: ...ember 29, 2020, defendant Farrah Sipin ("Sipin") filed a Cross-complaint against Velocity Investments, alleging causes of action for: (1) Cal-fornia Fair Debt Buying Practices Act; (2) Fair Debt Collection Practices Act; and (3) Rosenthal Fair Debt Collection Practices Act. Sipin then filed a First Amended Cross-complaint ("FACC") on August 26, 2021, which added alter ego allegations specific to cross-defendant Veluity Portfolio Group, Inc. ("VPG...

Excerpt: ...ce. According to the Second Amended Complaint ("SAC"), Plaintiffs, brothers Zachary and Michael Daniel Kowitz, and their company Bay Surplus Technology, LLC ("Bay Surplus") hired Zachary and Michael's father, Defendant Michael David Kowitz, at the urging of their grandmother (Michael's mother) Defendant Patricia Ladd, to work with them. (SAC, "4, 10) In that capacity, Michael acted as Bay Surplus's office manager and managed its books and records...

Excerpt: ...me, a City enforcement officer issued a ticket, and in December 2018, the same offcer issued the same ticket, resulting in the threat of a substantial five-figure fine. (See FAC, 9.) On April 9, 2019, Plaintiff and the officer attended an appellate hearing of the ticket, held by a mediator from Data Ticket. (See FAC, '1 10.) Plaintiff felt that the process was biased because Plaintiff requested, but was not provided, a permit and a neutral, reput...

Excerpt: ...020. She filed a First Amended Complaint ("FAC") on September 15, 2020. She filed a Second Amended Complaint ("SAC") on April 28, 2022. The SAC stated 11 causes of action: (1) Gender Discrimination in Violation of the FEHA; (2) Retaliation; (3) Wrongful Termination in Violation of Public Policy; (4) Failure to Pay Overtime Wages; (5) unpaid Meal Period Wages; (6) Unpaid Rest Period Wages; (7) Failure to Pay All Wages Due; (8) Failure to Provide A...

Excerpt: ...ntiff was diagnosed with COVID-19 and was unable to work for over two weeks due to his serious medical condition. (ld. at '1 19.) During this time, he was not provided proper sick leave under the Families First Coronavirus Response Act. (ld. at '1 14.) Then, before Plaintiff was able to safely return to work, Defendant informed him it was reducing its workforce, it had no more work for him, and he was being laid off. (FAC 20.) Plaintiff does not ...

Excerpt: ...et, San Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6855 and the opposing party no later than 4:00 PM on 03 2023. Please specify the issue to be contested when calling the Court and Counsel. —-0000000m Order on Demurrer Of Defendants To Plaintiffs' First Amended Complaint. l. Statement of Facts. In or around May 2018, defendants Laddi S. Jhuty and NRI Life Insurance Agency ("NRI Life," collectively, "NRI Lif...

Excerpt: ...ollowing factual background come from the TAC, which generally alleges a breach of contract and fraud action between siblings over property previously owned by their now deceased mother. The subject property is located at 750 Emily Drive, Mountain View California 94043 (the "Property"). (TAC, '1 11.) Frederick, Michael, Tracy, and Gail are all siblings and the children of Ruth M. Hart.2 (TAC, 9.) Ruth died in February 2002. (TAC, '1 10.) From app...

Excerpt: ...leges unfair business practices. In 2012, Numeric became a client of LinkedIn. (SACC, '1 13.) Numeric had no payment issues until 2017. (ld.) In May 2017, David Carpenter, as an officer of Numeric, called LinkedIn to explore the possibility of placing marketing content on their website and purchasing some of their other services. (SACC, 14.) On June 17, 2017, Sean O' Kane, Enterprise Relationship Manager of LinkedIn, and a person authorized to ma...

Excerpt: ... party opposing the tentatve ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4m PM on 03 2023. Please specify the issue to be contested when calling the Court and Counsel. Order on Motions of Defendant of Stanford Health Care for Summary Adjudication to Plaintiffs' Third Amended Complaint. l. Statement of Facts. Plaintiffs Harriet Tom ("Harriet"), individually and on oehalf of the Estate of Darrell Tom ("Darrel...

Excerpt: ...fessor at Stanford, asserted that he was entitled to reimbursement for expenses incurred in bringing a lawsuit to defend both his academic integrity and that of others. The underlying Labor Code proceeding (sometimes referred to as a "Berman hearing") "is designed to provide a speedy, informal, and affordable method of resolving wage claims." (Post v. Palo/Haklar & Assocs. (20W) 23 Cal.4th 942, 947; see also Arias v. Kardoulias (2012) 207 Cal.App...

Excerpt: ...s, the requests at issue are: Nos. 2, 4, 5, 5, 7, 9, 11, 18, and 20. For the reasons set forth below, the court DENIES the motion. As an initial matter, Travelers points out that Plaintiffs' motion is untimely. Travelers served its amended responses to the requests for production on November 22, 2022, and so Plaintiffs' deadline to file their motion was January 10, 2023 (45 days + 2 court days). Plaintiffs did not file the Notice of Motion until ...

Excerpt: ...n as 16185 Los Gatos Blvd., Town of Los Gatos, County of Santa Clara, State of California 95032 (the "Property"). (Complaint, 91.) Yoga Solutions has occupied a 10,350 square foot portion of the Property (the "Premises") as a tenant since 2012. (ld.) Throughout its occupation of the Premises, Yoga Solutions operated a yoga, Pilates, private physical training studio and retail business. (ld.) Defendant Pepper Lane — Berryessa, LLC ("Pepper Lane"...

Excerpt: ...J Von Schaumberg ("Von Schaumberg") (collectively, "Shah defendants"), and the request for joinder in the motion for judgment on the pleadings by defendants Michael Maidy, Timothy Cox, Martin Pichinson, Bernie Murphy and Feevt (assignment for the benefit of creditors), LLC (collectively, "Sherwood defendants") came on for hearing. The Court issued an order on February 23, 2023, declaring Plaintiff as a vexatious litigant as defined by Code of Civ...

Excerpt: ...ement with Grant Turner. A detailed statement of facts and procedural history of this action is set forth in the orders sustaining demurrer filed June 29, 2022 and July 20, 2022, and is incorporated herein, but will not be restated here in the interests of brevity. Demurrers were sustained without leave to amend for all defendants on June 29, 2023 and July 20, 2022. Notwithstanding the granting of the demurrers without leave to amend, on July 5, ...

Excerpt: ...revino for battery and negligence, which remain at issue. The parties reached a settlement of the class and PAGA claims, which the Court preliminarily approved in an order filed on October 7, 2022. The factual and procedural background of the action and the Court's analysis of the settlement and settlement class are set forth in that order. Before the Court is Plaintiffs motion for final approval of the settlement and for approval of her attorney...

Excerpt: ... 1, 2007, Plaintiff entered into a written lease agreement (the "Lease") for the premises located at 600 South Second Street and 617 South Third Street, San Jose, California (the "Premises"). (FAC, 8.) The Lease was entered into between Plaintiff and Delores Oliver Jamhour and A. Alan Alameda and Elisabeth D. Alameda, Trustees of the Alameda Family Trust (collectively, the "Original Lessors"). (ld.) Around October or November 2007, Plaintiff and ...

Excerpt: ...ainst each of the Tributary Agencies, seeking declaratory relief.6 Trial is scheduled for April 10, 2023. On February 23, 2023, the Court issued an order denying the Tributary Agencies' motion for summary adjudication and granting in part separate motions for summary adjudication by Santa Clara and San Jose ("February Order").7 With respect to Plaintiffs' third cause of action for breach of mandatory duties underthe California Constituton as amen...

Excerpt: ...s unopposed. As discussed below, the Court GRANTS Plaintiff's motion. l. BACKGROUND Plaintiff worked for Defendant in Santa Clara County as a construction worker and foreman assistant from 2014 to June 2021. (First Amended Class and Representative Action Complaint ("FAC"), '18.) He alleges that Defendant failed to pay employees for all hours worked, including overtime, by requiring them to work off-the-clock: for example, when undergoing COVID sc...

Excerpt: ...sabeth D. Alameda, Trustees of the Alameda Family Trust (collectively, the "Or-ginal Lessors") entered into a written lease agreement (the "Lease") for the premises located at 600 South Second Street and 617 South Third Street, San Jose, California (the "Premises"). (FAC, 8.) Plaintiffs allege, on information and belief, that Defendants are the successors-in-interest to the Original Lessors to the Lease and are the current owners of the Premises,...

Excerpt: ...y Irrigation District ("8810"), Central Delta Water Agency ("CDWA"), South Delta Water Agency ("SDWA"), San Joaquin Tributaries Authority ("SJTA"), South San Joaquin Irrigation District ("SSJID"), Banta Carbona Irrigation District and Patterson Irrigation District ("BCID et the "Districts" or "Petitioners"); and (2) a motion to tax costs by the Board.l The factual and procedural background of this matter is summarized in more detail in the Court'...

Excerpt: ...rst 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 29 March 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order On Defendant City Of San José's Motion For Summary Judgment Against Plaintiff. l. Statement of Facts. At approximately 10:52am on or about 10 July 2019, plaintiff Michelle Espinoza ("Espino...

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 29 March 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motion of Defendants for Summary Judgment, or, in the Alternative, Summary Adjudication. NOTE: In an order signed on 14 March 2023 and not filed until 21 March 2023, this Court specially set this matter for tod...

Excerpt: ...y party opposing the tentatve ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 29 March 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motion of Defendants to Compel Plaintiff to Produce Documents. l. Statement of Facts. Plaintiff filed this complaint on 19 April 2019.67 Plaintiff is a data and analytics company that provides real-tme crowd sour...

Excerpt: ...er ways. (ld.) This group of people contacted various companies to ruin Plaintiff. (ld.) One of these companies was Air France-KLM Group. (See FAC, attachment number 5, p.3.) While in Nigeria, Air France cancelled Plaintiff's flight on the day of the flight despite the fact that Plaintiff did not request to cancel her booking; however, it stated in an email that she could ask one of the airport employees to reinstate her flight booking. (ld.) Whe...

Excerpt: ...a Representative Action Complaint, which set forth a single cause of action for Violation of the Private Attorneys General Act [Cal. Lab. Code SS 2698, et seq.]. On December 30, 2020, plaintiff Melissa Freitas ("Freitas") filed an action, Melissa Freitas v. Vitamin Shoppe Industries Inc. (Monterey County Superior Court, Case No. 20-CV003549), which set forth a single cause of action under PAGA. Following mediation, Almadhi, Freitas, and defendant...

Excerpt: ...e that this affects in any way its ability to be fair and impartial in this case. This is an action arising out of various alleged wage and hour violations. The operative First Amended Class Action and PAGA Representative Action Complaint ("FAC"), filed on July 14, 2021, sets forth causes of action for: (1) Failure to Pay Minimum Wages; (2) Failure to Pay Overtime Wages; (3) Failure to Provide Meal Periods; (4) Failure to Provide Rest Periods; (5...

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 now moves for approval of the PAGA settlement. The motion is unopposed. X. LEGAL STANDARD under PAGA, an aggrieved employee may bring a civil action personally and on behalf of other current or former employees to recover civil penalti...

Excerpt: ...e California, Inc. ("Consolidated"), Verall of MI, Inc. ("Verall"), RCH Companies, Michael Burn, and Patrick Caprarola ("Caprarola"), which set forth the following causes of action: (1) unpaid Wages, Violation of Wage Orders and Labor Code SS 200, et seq., 223, 226.2, 1194; (2) Overtime Wages, Violation of Wage Orders and Labor Code SS 510 and 1194; (3) Failure to Provide Meal Periods or Premium Wages in Lieu Thereof, Violation of Wage Orders and...

Excerpt: ...(1) Failure to Pay Wages for All Hours Worked, Labor Code sections 204(b), 223, 1194, 1194.2 Wage Orders; (2) Failure to Pay Overtime Wages, Labor Code sections 510, 1194, 1198, Wage Orders; (3) Failure to Provide Meal Periods, or Pay Premium Wages in Lieu Thereof; (4) Failure to Provide Rest Breaks, or Pay Premium Wages in Lieu Thereof; (5) Failure to Provide Accurate Itemized Wage Statements, Labor Code section 226; (6) Failure to Timely Pay Fi...

Excerpt: ...on, Schultz Industrial Services, Inc., and Schultz Mechanical Contractors, Inc. (collectively, "Defendants") on January 21 2020, sets forth a single cause of action for Violation of 15 U.S.C. (FCRA). The Plaintiffs has reached a settlement with Defendants. Plaintiff now moves for preliminary approval of the settlement. VI. LEGAL STANDARD Generally, "questions whether a settlement was fair and reasonable, whether notice to the class was adequate, ...

Excerpt: ... forth the following causes of action: (1) Failure to Pay Minimum Wages [Cal. Lab Code SS 204, 1994, 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 512]; (4) Failure to Authorize and Permit Rest Breaks [Cal. Lab Code S 225.7]; (5) Failure to Indemnify Necessary Business Expenses [Cal. Lab Code S 2802]; (6) Failure to Timely Pay Final Wag...

Excerpt: ... for defendant Konica Minolta Business Solutions USA ("Defendant") in California for the four years preceding the filing of the original Complaint on April 2, 2014. (First Amended Complaint, 7.) According to the operative First Amended Complaint, filed on October 29, 2015, Plaintiffs worked as service technicians for Defendant. (ld. at 5.) Defendant allegedly required Plaintiffs and similarly situated service technicians to drive their personal v...

Excerpt: ...ction: (1) Failure to Pay Minimum Wages; (2) Failure to Pay Wages and Overtime Under Labor Code S 510; (3) Meal Period Liability under Labor Code S 226.7; (4) Rest Break Liability Under Labor Code S 226.7; (5) Violation of Labor Code SS 226(a); (6) Violation of Labor Code S 221; (7) Violation of Labor Code S 204; (8) Violation of Labor Code S 203; (9) Violation of Business & Professions Code S 17200 et seq.; and (10) Penalties Pursuant to Labor C...

Excerpt: ...e required notce. The Class Action Complaint ("Complaint"), filed on May 14, 2021, sets forth the following causes of action: (1) Violation of California Unfair Competition Law, Cal. Business & Professions Code SS 17200-17210; and (2) Declaratory Judgment. Plaintiffs Rakly Dominguez and Grace Dominguez (collectively, "Plaintiffs") have reached a settlement with defendants All-Pro Bail Bonds, Inc. ("All-Pro"), Bankers Insurance Company, and Banker...

Excerpt: ...t, 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 27 March 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motion of Plaintiff For Preferential Trial Setting. l. Statement of Facts. Plaintiff filed this complaint for damages and equitable relief on 22 August 2022.10 The complaint generally alleges on 2...

Excerpt: ... for negligent misrepresentation. A. Facts On November 30, 2017, third-party Kurt Orban Partners, LLC entered into an $85,000,000 credit facility with several lenders, including Plaintiffs. (FAC, '13.) Initial and subsequent funding underthe credit facility was conditioned on Kurt Orban Partners, LLC's delivery of an unqualified audit opinion on its consolidated financial statements. (Ibid.) Accordingly, Kurt Orban Partners, LLC retained Squar to...

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 27 March 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Orders On Defendants Mehrra Jewellers, Inc., Naresh Mehra, And Shivam Mehra's 1. Demurrer To Plaintiff Virtsoft, Inc.'s First Amended Complaint; and 2. Motion To Strike Plaintiff Virtsoft, Inc.'s First Amended Complai...

Excerpt: ... written lease agreement for a commercial property ("Premises 1") located at 1250 Memorex Drive in Santa Clara for a period of 36 months. (Complaint, '1 9.) Nearly three years later, on February 13, 2017, the parties entered into a First Amendment to Lease which, among other things, extended the term of the aforementioned lease through February 28, 2019, and increased the base monthly rent. (ld., '1 10.) The lease, a Lease Rider and First Amendme...

Excerpt: ... opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 27 March 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motion of Defendant Hongfujin Precision Electronics (Chongqing) Co., Ltd. For a Protective Order Regarding Plaintiff's First Exchange of Expert Witnesses Designating 145 Non-Retained Expert Witnesses. l. Statement of F...

Excerpt: ... granted the parties time to review the deposition transcripts and other discovery in the case and provide additional briefing related solely to this issue. Having reviewed the supplemental briefing and evidence, and pursuant to California Rule of Court 3.1308, the Court issues its tentative ruling as follows: l. Background A. Factual 1. The Complaint This is an action to quiet title to a property located at 741 Carlotta Court in San Jose (the "P...

Excerpt: ...ano") (collectively, "Defendants") and as to the First Amended Cross-complaint ("FAXC") filed by Shoreline. Pursuant to California Rule of Court 3.1308, the Court issues its tentative ruling as follows: IV. Background C. Factual 1. TAC This is a breach of contract action. On January 16, 2015, Carlyle, Shoreline and Mr. Calvano entered into an agreement (the "LLC Agreement") to form the Company for the purposes of acquiring and potentially develop...

Excerpt: ...st 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 27 March 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motion of Defendants To Compel Plaintiff to Provide Further Responses to Special Interrogatories, Set One, Form Interrogatories, Set One, Requests For Admissions, Set One, Request For Prod...

Excerpt: ...this case. De La Rosa's Retail Installment Sales Contract ("sales contract") with Premier included an agreement to arbitrate all claims arising out of or relating to the "purchase or condition of this vehicle, this contract or any resulting transaction or relationship (including any such relationship with third parties who do not sign this contract).. " Although Nissan was not a signatory to this sales contract, De La Rosa alleges that "[allong w...

Excerpt: ...nits and 18 office units. Plaintiff filed the original complaint in this action on May 28, 2021. It filed the operative First Amended Complaint ("FAC") on August 12, 2021. The FAC states five causes of action against Defendant and various Does: (1) "Breach of CCRs and Civil Code 4775"; (2) "Breach of the SAR Contract"; (3) Negligence; (4) Common Counts and Quantum Meruit; and (5) Declaratory Relief. Both the original complaint and the FAC allege ...

Excerpt: ...low, the Court is inclined to grant preliminary approval, subject to the parties' agreement (1) to amend the release to conform with Amaro v. Anaheim Arena Management, LLC (2021) 69 Cal.App.5th 521 (Amaro) and (2) to use a single definition for the entire proposed class. l. BACKGROUND Plaintiff worked for Defendant from November 24, 2014 to November 16, 2021, as a non-exempt employee in various positions. (First Amended Class and Representative A...

Excerpt: ...e action. In 2001, plaintiff Roger Nelson ("Plaintiff") purchased real property located at 1201 Ayer Dr. in Gilroy, California ("Property"). (See First Amended Complaint ["FAC"I at 1, 13.) Plaintiff purchased the Property for $425,000 by obtaining loans from First Franklin in the amounts of $339,950 ("First") and $85,000 ("Second Home Equity Line"). (ld. at '1 13.) Plaintiff refinanced the First loan in 2004 for $333,000 through Pacific Financial...

Excerpt: ...rd in Santa Clara, California 95050 ("Property"). Plaintiffs Amelia Glissman and Michael Contolini ("Buyers") purchased the Property from Douglas Michaud and Deborah Michaud ("Sellers"). Excel Reality Inc. was the real estate broker and Samantha Gail Landon was the real estate agent for the Sellers ("Sellers' Agents"). Walter E. McGuire Real Estate, Inc. was the real estate broker and Morgan Ann Amos Mano was the real estate agent for the Buyers ...

Excerpt: ...ose. 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 22 March 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Orders on: 1. Cross-Defendant Freidrik Ternian's Demurrer To Ninos Ternian's Cross-complaint; and 2. Cross-Defendant Freidrik Ternian's Special Motion To Strike Ninos Ternian's Cross-claim For Breach Of Contract U...

Excerpt: ...llectively, "Defendants") breached a settlement agreement that arose from a loan ownership dispute between the Trust and Neal. (SAC, '1 12.) Neal filed that underlying loan ownership dispute against the Trust, which Neal alleges was represented by Robinson and WFZ. (ld. at '1 14) Neal also alleges that on December 30, 2021, he made an initial offer of $750,000 "in exchange for conveyance of complete title of the subject property to Plaintiff by D...

Excerpt: ...and damages. (See SAXC, '1 5.) Reyna was involved in a traffic collision that occurred on or about November 15, 2019 at the intersection of Jacklin Road and the southbound off-ramp of Interstate-680 in Milpitas, California. (Ibid.) Reyna alleges Cross-complainants were negligent in the operation of their vehicles, which caused the underlying traffic collision and her resulting injuries and damages. (ld. at 5.) Cross-complainants contend a defecti...