Excerpt: ...tiffs Delia and Isaias Ruvalcaba and Næ and Elizabeth Perez purchased the Subject Property for by paying the Ortegas $200mo in cash and borrowing from the Ortegas on a seller carryback note secured by a deed of trust that was recorded against the Subject Property. (Complaint, 18.) Plaintiff alleges the Ortegas failed to disclose an easement that permits Defendant Recology Pacheco Pass to install drainage, pumps, tanks, and similar systems on the...

Excerpt: ...e the Court is Plaintiffs' motion for final approval of a settlement and motion for attorney fees, both of which are unopposed. As discussed below, the Court GRANTS the motions. l. BACKGROUND Mr. Aguilar began employment with Defendant in August 2020 and Ms. Cazares began employment with Defendant November 2020. (First Amended Class Action Complaint ("FAC'), 3.) They were both employed by Defendant until March 2021 as non-exempt employees. (Ibid....

Excerpt: ...ues that the inclusion of AAA renders the arbitration provision unconscionable, because AAA does not guarantee him the right to conduct discovery. The court finds Robertson's position to devoid of merit and GRANTS the motion to compel. The party challenging a contractual arbitration provision bears the burden of proving that it is both procedurally and substantively unconscionable. (OTO, LL.C. v. Kho (2019) 8 Cal.5th 111, 126.) This may be done o...

Excerpt: ... to COVID-19 would exacerbate his disability. (Complaint, 13.) His request was denied without explanation, and he was denied time off under the Family Medical Leave Act ("FMLA") and paid administrative leave because his doctor's note did not have all the necessary information. (Complaint, 14-15.) Although he provided the required documentation, the County changed its policy regarding paid administrative leave in April 2020. (Complaint, 16.) The C...

Excerpt: ...parent amount of $58,237.41. Attached to the complaint as Exhibit A is a copy of a December 14, 2020 offer of employment letter from LoanDepot to Chen, signed by Chen (only). Paragraph 8 of the letter states: Agreements and Policies. This offer is contingent upon all agreements being acknowledged and agreed upon via the companvs HRIS tool, Workday, prior to your first day of employment. Agreements could include: Arbitration Agreement, Employee Co...

Excerpt: ...age statements, and committed other wage and hour violations. Before the Court is Plaintiffs' motion for final approval of settlement and motion for attorney fees and costs, both of which are unopposed. As discussed below, the Court GRANTS both motions. VII. BACKGROUND Plaintiff began employment as a non-exempt employee with Defendant in 2013 and it appears that he remains employed by Defendant. According to Plaintiff, he was not paid for all hou...

Excerpt: ...ackground This is an eminent domain action. Plaintiff seeks to acquire a subsurface subway easement beneath a 6,723 square foot area of Defendants' real property ("Subject Property") for SCVTA's BART Silicon Valley Extension (BSV) Program ("Project"). The Project will extend BART service from Fremont through Milpitas, San Jose, and into Santa Clara. After completion of various studies and environmental impact reports, SCVTA notified the Defendant...

Excerpt: ...miums, and failed to provide code-complaint wage statements, among other Labor Cuie violations. Now before the Court is Plaintiff's motion for preliminary approval of a settlement, which is As discussed below, the Court GRANTS Plaintiffs' motion. XIII. BACKGROUND On January 24, 2022, Ms. Martnez and Ms. Orellano filed a PAGA Complaint against Defendant in this Court in the action captioned Martinez, et al. v. Pacific Catch, lnc„ Case No. 22CV39...

Excerpt: ...ardi Constructon Company ("Lusardi"), and Simmons Glass and Window, Inc. ("Simmons"). (ld. at 1, 11-14.) Plaintiff alleges the shower door in her hotel nnm shattered and onto her, causing severe bodily injuries and other damages. (ld. at '11.) According to Plaintiff, defendants are responsible for her injuries, including by failing to comply with safety standards and exercise ordinary care with respect to the shower door that caused her injuries....

Excerpt: ...ome located at 70 West Fifth Street in Morgan Hill, California. (See Complaint at GN-I.) On January 10, 2017, while this was in effect, a tree owned by defendant Chan, fell and landed on the house causing damage to the Insured's home. (ld. at GN-I, Prem. L-1.) Thereafter, Allstate, pursuant to the terms and conditions of the policy, paid certain claim payments for the aforementioned loss to the Insured's home. (Ibid.) Allstate alleges defendant C...

Excerpt: ...ther to Willow Bonner. Mr. Bonner had just turned 55 when he fell from his chair while doing physical therapy at home, landed on his right arm, and dislocated his shoulder. Five days later, on October 31, 2018, Mr. Bonner presented to Regional Medical Center of San Jose emergency department. The plan was to admit Mr. Bonner and attempt closed reduction under conscious sedation and, if necessary, open reduction under general anesthesia. (Defendant...

Excerpt: ...nd a Virginia corporation) by DLSE to enforce judgments for unpaid wages obta-ned by former CMS employees. This case was consolidated with Case No. 20CV269589, a lawsuit originally filed in Placer County and later transferred to this county, on July 7, 2020. The original complaint in this action was filed on June 13, 2019. A First Amended Complaint ("FAC") was filed on December 6, 2019. A Second Amended Complaint ("SAC") was filed on July 7, 2020...

Excerpt: ...ejudice. Plaintiff's request for monetary sanctions is GRANTED IN PART. XXI. BACKGROUND According to the allegations of the operative First Amended Complaint ("FAC"), Ms. Joven was employed by Defendant as an hourly paid, non-exempt custodian from approximately April 2004 to August 2020. (FAC, 4.) She alleges that Defendant failed to pay all minimum and overtime wages, failed to provide employees with all rest and meal periods that they were enti...

Excerpt: ...Complaint, Velocity alleges that the charge-off creditor was LendingClub Corporation, Veluity complied with Civil Code section 1788.52, and the document titled "Truth in Lending Disclosure" attached to the Complaint satisfies Civil Code section 1788.52, subdivision (b). (Ibid.) The Complaint sets forth common counts for: (1) Open Book Account; and (2) Money Lent. On February 19, 2019, Canul filed a putative class acton Cross-complaint against Vel...

Excerpt: ...ubscription plans for LinkedIn-branded products and services that are available exclusively to consumers who enroll in Defendant's auto-renewal programs through its website. According to the allegations of the operative First Amended Complaint ("FAC"), filed on June 30, 2022, Defendant enrolls consumers in programs that automatically renew from month-to-month or year-to-year and result in monthly or annual charges to the consumer's credit card, d...

Excerpt: ...on January 17, 2023, sets forth the following causes of acton: (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; (6) Failure to Pay Wages Timely During Employment; (7) Failure to Pay All Wages Earned and unpaid at Separation...

Excerpt: ...n of Bailey Avenue and Santa Teresa Boulevard in San Jose, when the bicycle lane ended and forced him to merge into the vehicle lane. (Complaint, 11.) The lane he merged into was downhill, covered in potholes, uneven roading, and debris which caused him to crash and sustain serious bodily injuries and other damages. (Ibid.) Plaintiff initiated this achon on February 26, 2021, asserting: (1) violation of Government Code secton 815.2; (2) violation...

Excerpt: ...Jose known as "Downtown West." (See FAC, "11-2, 42-47.) Defendants Peter Gill Case2 , Matthew Owen Case3 , Warren Titus Weber, Ots Klingbeil, Laurance Rockefeller4 , Barbara Byron, Barbara Robin Tomasi, Theodore David Tomasi, Anne Marie Tomasi, Louisa Robins Hendrix, Leslie Kipp Hendrix, James Davis Robins, David Fuller Learnard, Fric Jan Spruyt, Alan 8. Spruyt, Emily Lee5 , Ava Learnard, Otto Learnard, Louise R. 03rd, Peter Adams6 , Christopher ...

Excerpt: ..."von Kaenel"); (3) defendant Alexa Andrea Ingram-Cauchi (erroneously sued as Alexa Andrea Ingram-Cuachi) as Trustee of the Old Santa Cruz Revocable Trust dated January 13, 2015 ("Ingram-Cauchi"); and (4) defendant Anthony Dariano ("Dariano"). Plaintiffs filed their initial complaint on May 24, 2017 to quiet title and prevent interference with an easement that runs from their property through land that they sold. Plaintiffs filed a second amended ...

Excerpt: ... the Managing Director of Investments at the David and Lucile Packard Foundation, and Robert F. Wallace, who is the Chief Executive Officer of the Stanford Management Company. Wallace and the Board of Trustees of the Leland Stanford Junior University have filed a joinder in Defendants' motion to quash the subpoena to Wallace. Because the court finds that plaintiff John l. Malik has failed to show either: (1) that the requested discovery is releva...

Excerpt: ...ery responses from Plaintiff. Plaintiff opposes the motion. Discovery Motons Meet and Confer Efforts A moton to compel further discovery responses must be accompanied by a meet and confer declaration pursuant to Code of Civil Prmædure section 2016.040. Civ. Prtw, S 2033.290, subd. (b) [requests for admission]; Ctxle Civ. Proc., S 2030.300, (b)(l) [interrogatories].) Section 2016.040 requires a moving party to make a "reasonable and good faith at...

Excerpt: ...osing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 23 October 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motion of Defendant To Compel Plaintiff to Submit To a Second Medical Examination. l. Statement of Facts. The facts of this Jesus Christ interesting matter are well known to this Court. II. Motion To Compel Second Examin...

Excerpt: ...y opposing the tentatve ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 23 October 2023. Please specify the issue to be contested when calling the Court and Counsel. mtnoOooom Order on Motion of Defendants to Strike Plaintiff's Experts, to Compel Plaintiff to Provide Defendant Current Medical Records, to Preclude Plaintiff's Experts from Conducting Additional Work, and for Monetary Sanctions. Counsel...

Excerpt: ...tentative ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 23 October 2023. Please specify the issue to contested when calling the Court and Counsel. Order On Motion of Defendant to Vacate Judgment. A. Statement of Facts. This action was filed on 31 December 2012 for collection of amounts owed under a credit card account issued by Citibank, N.A. Defendant filed this motion on 19 July 2023 to vacate a ...

Excerpt: ...Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 23 October 2023. Please specify the issue to be contested when calling the Court and Counsel. —oooOtno— Order On Defendant Western National Contractors Motion For Summary Judgment. l. Statement of Facts. On 29 October 2018, while performing electrical repairs at private property located at 3320 Montgomery Drive...