Excerpt: ...o would prepare and serve supplemental answers to Interrogatories Nos. 1-3 and 14-23 propounded by the 16 individual defendants (“Individual Defendants”), as well as supplemental answers to Interrogatories Nos. 1-7, 25, and 28-31 propounded by Defendant Rooled, Inc. If Defendants were satisfied with these supplemental answers, Defendants would take this hearing off calendar; if not, the parties would submit a joint statement identifying the r...

Excerpt: ...an José. 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 February 2023. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo--- Order On Motion Of Defendant San José Unified School District For Summary Judgment. I. Statement of Facts. On or around 27 May 2019, plaintiff John Doe (“Plaintiff”) was a student at Grant Elementar...

Excerpt: ... “Property”). (See FAC, ¶¶ 7, 11.) The rental agreement was subject to U.S. Department of Housing and Urban Development (“HUD”) project-based assistance and rules. (Id. at ¶ 11.) Plaintiffs requested repairs to the Property, but repairs were not forthcoming and were substandard when made. (See FAC, ¶ 12.) Security at the Property has been substandard throughout Plaintiffs' tenancy, including exterior locks that do not work, fire doors...

Excerpt: ...tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 27 February 2023. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo--- Order on Demurrer of Defendant Apple Inc. to the First Amended Complaint. I. Statement of Facts. This is an action for discrimination on the basis of national origin. A. Complaint. According to the First Amended Complaint (“FAC”), p...

Excerpt: ...nd warehouse. (Id. at ¶ 20.) Plaintiff Christopher Locsin (“Chris”) is a tenant-in-common owner of a fifty-percent (50%) interest in the Property. (Complaint at ¶ 3.) Defendant Dwight Locsin (“Dwight”) is a tenant-in-common owner of a fifty-percent (50%) marital interest in the Property together with defendant Denise Locsin (“Denise”). (Complaint at ¶ 4.) Defendants Dwight and Denise (collectively, “Defendants”) are husband and...

Excerpt: ...Plaintiff was terminated on August 26, 2021. (Id. ¶ 26.) Plaintiff was employed by three business entities, each named as a defendant, and collectively referred to as “Employers” in the complaint: Power Personnel, Inc. (“Power”), Stanford Health Care (“SHC”), and Global HR Partners, LLC, (“Global”). (See Complaint, ¶¶ 3-6, 22.) At all times relevant to the complaint, Power owned and operated a private staffing agency (Id. at 7)...

Excerpt: ... part the motion to compel. First, it appears to the court that some of the documents sought in this motion are discoverable, but just barely. As Ninico points out, Plaintiffs seek the documents in connection with their defamation cause of action, even though Ninico was retained eight months after the alleged defamation occurred. As a result, it seems that the most that Plaintiffs can hope for in these documents are damaging admissions by Defenda...

Excerpt: ...led on October 24, 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 their attorney fees, costs, and service awards. Plaintiffs' motion is unopposed. As discussed below, the Court GRANTS final approval, but with a reduced attorney fee award of $257,764....

Excerpt: ...iled an action to have a conservator appointed over Lorraine. (See FAC, ¶ 11.) Plaintiff retained defendant Howard G. Frank dba The Law Office of Howard G. Frank (“Defendant”) to represent her as a beneficiary of the Korpontinos 1988 Revocable Trust Agreement (“Trust”) and the subtrusts—the Lorraine A. Korpontinos Survivor's Trust (“Survivor's Trust”), the Lorraine A. Korpontinos Marital Trust (“Marital Trust”), and the George ...

Excerpt: ...n, including a now abandoned claim for defamation. They filed a First Amended Complaint (“FAC”) on September 26, 2022 with the following five causes of action: (1) Breach of Express or Implied Contract; (2) Breach of the Implied Covenant of Good Faith and Fair Dealing; (3) Intentional Interference with Prospective Economic Advantage; (4) Wrongful Termination, and; (5) Intentional Infliction of Emotional Distress (“IIED”). Currently before...

Excerpt: ...t clearly became so.” Cal.Gov. Code Section 12965(c)(6). The asymmetrical distinction between a prevailing plaintiff's and a prevailing defendant's ability to recover attorney's fees under the FEHA is meant to “make it easier for a plaintiff of limited means to bring a meritorious suit,” while serving “to deter the bringing of lawsuits without foundation,” “to discourage frivolous suits,” and “to diminish the likelihood of unjusti...

Excerpt: ...aintiff's individual claims, dismiss his putative class claims, and stay the representative portion of his PAGA claims. Plaintiff opposes Defendants' motion, urging that Defendants fail to show he consented to the arbitration agreements at issue and the agreements are unconscionable. For the reasons discussed below, the Court GRANTS Defendants' motion in large part. I. BACKGROUND As alleged in the operative complaint, Defendants are engaged in th...

Excerpt: ...en he purchased his Tesla, but he did not purchase the “Full Driving Capability Package.” According to Tesla, Autopilot provides 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 10 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...

Excerpt: ... Plaintiffs are the wife and children of Walter Huang who suffered a fatal crash while driving his Tesla Model X in 2018. Mr. Huang added Autopilot when he purchased his Tesla, but he did not purchase the “Full Driving Capability Package.” According to Tesla, Autopilot provides 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...

Excerpt: ...tion. I. BACKGROUND As alleged in the operative complaint, Defendant is a construction company that operates throughout California, including in Santa Clara County. (First Amended Class and Representative Action Complaint (“FAC”), ¶ 7.) Plaintiff was hired by Defendant as a Cement Mason in April 2018, and continues to be employed by Defendant as an hourly, non-exempt employee. (Id., ¶ 6.) Plaintiff alleges that the wage statements provided ...

Excerpt: ...AGA 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 ar...

Excerpt: ...tive class claims. Defendant also moves to compel arbitration of the PAGA 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). Plaintiff opposes Defendants' motion, arguing that Defendants waived any right to compel arbitration. For the reasons discussed below, the Court GRANTS Defendants' motion in large part, but DENIES their...

Excerpt: ...ed a 2010 Ford F-150 (the “Vehicle”), which was manufactured and/or distributed by FMC. (SAC, ¶ 7.) In connection with the purchase, Plaintiffs received an express written warranty, including a 3-year/36,000 mile express bumper to bumper warranty and a 5-year/60,000 mile powertrain warranty, which covers the engine and transmission. (SAC, ¶ 9.) During the warranty period, the Vehicle contained or developed defects, including but not limited...

Excerpt: ...to the SAC, on or about January 2012, Hunter purchased a 2011 Ford Edge (the “Vehicle”), which was manufactured and/or distributed by FMC.6 (SAC, ¶ 7.) In connection with the purchase, Hunter received an express written warranty, including a 3-year/36,000 mile express bumper to bumper warranty, a 5-year/60,000 mile powertrain warranty, which covers engine and transmission, and a 8-year/80,000 mile emission warranty, which covers the exhaust ...

Excerpt: ...SAC, ¶¶ 16-17.) Chen signed the document, thinking it was a sign-in sheet, and nobody described the document as a release of liability. (See SAC, ¶¶ 22-23.) Chen does not remember who handed him the clipboard or who told him that it was a sign-in sheet, but if that person was not a Silicon Shores employee, there was a Silicon Shores employee standing next to the person who referred to the document as a sign-in sheet, and that Silicon Shores e...

Excerpt: ... 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 2023. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo--- Order On Plaintiff Smartrent Technologies, Inc.'s Demurrer To Defendant And Cross-Complainant Level Home's First Amended Cross- Complaint. I. Statement of Facts. Plaintiff SmartRent Technologies, Inc. (...

Excerpt: ...h and negligence arising out of a motor vehicle accident. According to the allegations of the operative SAC, decedent Sanan Altaye (the “Decedent”) was employed as a commercial semi-truck driver and operated a 2006 Freightliner Truck and 2009 Trailer in that capacity. (SAC, ¶ 8.) On November 18, 2015, the 2006 Freightliner and 2009 Trailer were taken out of operation by the California Highway Patrol (“CHP”) after an officer conducted a D...

Excerpt: ...ntiff asserts that Feeva never authorized Gaskin to sign the 3/25/15 document on Feeva's behalf. (See FAC, ¶¶ 4-7.) While Plaintiff admits to having signed the agreement, he thereafter revoked his offer before all of the other sixteen parties validly executed the March 25, 2015 document. (See FAC, ¶ 8.) In the underlying action, on September 12, 2014, Plaintiff moved for an order deeming that Kaufhold Gaskin LLP (“KG”) did not represent Fe...

Excerpt: ...North 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 2023. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo--- Orders on: 1. Motion of Defendants to Compel Plaintiffs To Respond To Defendants' Special Interrogatories, Set One; 2. Motion of Plaintiffs to Compel Defendants Ford Motor Company To ...

Excerpt: ...s action. That is a proper subject for judicial notice. Evid. Code Section 452. The request is GRANTED. Timeliness Plaintiff claims that Defendants' motion to quash is not timely and should be denied for this reason. In this case, the date for production was October 14, 2022 and Defendants did not file their motion to quash until October 20, 2022. Under CCP 1985.3(g) a party “may, prior to the date for production, bring a motion under Section 1...

Excerpt: ...r general negligence against Defendant. The Complaint has an exemplary damages attachment. The Complaint alleges that Defendant was negligent in maintaining the spa and pool in the common areas of the property, that the duty to maintain these areas was created and imposed by Defendant's governing documents (referred to as the “CC&Rs” and attached to the Complaint as exhibit A), and that Defendant's negligence in maintaining the spa and pool w...

Excerpt: ...rate Statement of Undisputed Facts [“SSUF”] at No. 1.) Louisa Chiu (“Chiu”), Plaintiff's Managing Member, signed the Lease on behalf of Plaintiff. (Id. at No. 2.) Defendants Sant Mai and Trina Mai signed on behalf of Conway. (Ibid.) Also, on October 24, 2018, defendants Sant Mai, Trina Mai and Teresa Nguyen (collectively, “Defendants”) each signed a personal guarantee (“Guaranty”) for the Lease, guaranteeing Conway's obligations w...

Excerpt: ...Plaintiffs”) and move to strike portions contained therein. Pursuant to California Rule of Court 3.1308, the Court issues its tentative ruling as follows: I. Background A. TAC Allegations 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 developing certain real estate in Mountain View (...

Excerpt: ... FAC, ¶ 10.) On December 11, 1997, Mr. Searle, as trustee of the Searle Family Trust, filed a complaint against Udi Fishman for quiet title, reformation, damages and injunctive relief because Mr. Fishman barricaded a road known as “Radio Road” to prevent Mr. Searle from use of the road, in Searle v. Fishman, et al. (Super. Ct. Santa Clara County, 1997, No. CV770743). (See Pl.'s opposition to demurrer, p.2:1-9.) Searle moved for summary adjud...

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 15 February 2023. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo--- Orders On: 1. General Motors LLC's Demurrer To Plaintiff's First Amended Complaint; and 2. General Motors Llc's Motion To Strike Punitive Damages From Plaintiff's First Amended Complaint. I. Statement of Facts. Ac...

Excerpt: ...ns committed against herself and other aggrieved “non-White employees.” In an order filed on August 22, 2022 (“August 2022 Order”), the Court sustained Defendants' demurrer to the PAGA claim with leave to amend. Plaintiff filed the operative Second Amended Complaint (“SAC”) on September 20, 2022. Now before the Court is Defendants' renewed demurrer to or, in the alternative, motion to strike the PAGA claim. Plaintiff opposes Defendant...

Excerpt: ...s.” (SAC, ¶ 1.) There are times when a patient with an emergency medical condition is brought to a hospital that is not “in-network” with the patient's HMO; however, California law requires hospitals to provide emergency medical care, regardless of whether the hospital is in-network with the patient's health plan. (Id. at ¶ 3.) Additionally, California law requires that the health plan reimburse the hospital for emergency services. (Ibid....

Excerpt: ...se. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 15 February 2023. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo--- Order on Motion Of Plaintiff for Advancement Of Trial Date. I. Statement of Facts. The complaint here was filed on 04 January 2023. Plaintiff contends that I'm 22 November 2022, defendant, age 97, was travelin...

Excerpt: ...tlement class are set forth in that order. Before the Court is Plaintiffs' motion for final approval of the settlement and for approval of their attorney fees, costs, and service awards. Plaintiffs' motion is unopposed. As discussed below, the Court GRANTS final approval. I. LEGAL STANDARD FOR SETTLEMENT APPROVAL Generally, “questions whether a [class action] settlement was fair and reasonable, whether notice to the class was adequate, whether ...

Excerpt: ...es that as a result of the work of these two defendants, asbestos was disturbed and released into the residence. Defendant MG Remediation, Inc. was then hired to perform asbestos remediation. The trial in this matter is set for next week, February 21, 2023. Currently before the court are three summary judgment motions filed by the three remaining defendants. (Defendant CSAA Insurance Services, Inc. was previously dismissed.) Notably, plaintiff ha...

Excerpt: ... in August 2009, plaintiff Anupam Sahai (“Sahai”), Chandra Bilugu (“Bilugu”), and Sayi Tigadi (“Tigadi”) co-founded eGestalt Technologies, Inc. (“eGestalt”), a California corporation. (TAC at ¶ 12.) Tigadi left the company in 2010 and his shares were distributed equally between Sahai and Bilugu. (Ibid.) In December 2012, Sahai and Bilugu created a shell entity, eGestalt Technologies, a Delaware corporation (“eGestalt-Del”). (...

Excerpt: ...Viking River Cruises, Inc. v. Moriana (2022) ___U.S.___ [142 S. Ct. 1906, 2022 U.S. LEXIS 2940] (Viking River). Plaintiff opposes the motion. As discussed below, the Court GRANTS Defendant's motion in part and DENIES it in part. I. BACKGROUND As alleged in the complaint, Plaintiff worked for Defendant as a non-exempt, hourly employee from August 2016 through September 2018. (Representative Action Complaint, ¶ 10.) When Plaintiff and other employ...

Excerpt: ...tipulated order establishing a briefing schedule for Defendant's motion. Per that order, Plaintiff's opposition was due on January 12, 2023. Plaintiff did not file an opposition, and instead filed a First Amended Complaint (“FAC”) naming Manuel Nieto as an additional class representative. The FAC was filed on January 30, 2023, without leave of Court or a stipulation by the parties. Defendant urges that this filing was untimely and unauthorize...

Excerpt: ...ject”) by Respondent Santa Clara Valley Water District (“District”). In its April 28, 2022 Notice of Exemption (“NOE”) the District allegedly found that the Project was exempt from CEQA under two categorical exemptions from CEQA set forth in the CEQA Guidelines (14 C.C.R. § 15000 et seq., “Guidelines”). These are the “Minor Alterations to Land” exemption (Guidelines § 15304), sometimes referred to as a “Class 4 “exemption,...

Excerpt: ...d Cable 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 §§ 200, et seq., 223, 226.2, 1194; (2) Overtime Wages, Violation of Wage Orders and Labor Code §§ 510 and 1194; (3) Failure to Provide Meal Periods or Premium Wages in Lieu Thereof, Violat...

Excerpt: ...nts Deluxe Corporation, Deluxe Check Printers, and Deluxe Manufacturing Operations, LLC (“DMO”) (collectively, “Defendants”) on January 6, 2020. The FAC sets forth the following causes of action: (1) Failure to Provide Meal Periods (Lab. Code §§ 204, 223, 226.7, 512 and 1198); (2) Failure to Provide Rest Periods (Lab. Code §§ 204, 223, 226.7 and 1198); (3) Failure to Pay Hourly and Overtime Wages (Lab. Code §§ 223, 510, 1194, 1197 a...

Excerpt: ...ant and cross- complainant Meritage Homes of California, Inc. (“Meritage”). Plaintiffs Yalanda and Hriam Birdsong, the Bohlig Living Trust, Melissa and Basilisa Beltran, Timothy Frasch, Michael and Olivia Holt, Djenne-Sukari and Dequal Nathaniel, Henry Nguyen, Erwin and Jennifer Pablo, Gary and Stacy Quibelan, Carla Richardson, David and Crystal Sullivan, Joshua and Alicia Vera, and Akil and Stephanie Wemusa (collectively, “Plaintiffs”) a...

Excerpt: ...Pay Overtime Wages; (3) Failure to Provide Meal Periods; (4) Failure to Permit Rest Breaks; (5) Failure to Provide Accurate Itemized Wage Statements; (6) Failure to Pay All Wages Due Upon Separation of Employment; and (7) Violation of Business and Professions Code §§ 17200, et seq. On July 10, 2020, Plaintiff filed the operative First Amended Class Action Complaint (“FAC”), which added an eighth cause of action for Enforcement of Labor Code...

Excerpt: ...Violation of 15 U.S.C. §§ 1681b(b)(2)(A) (Fair Credit Reporting Act); (2) Violation of 15 U.S.C. §§ 1681d(a)(1) and 1681g(c) (Fair Credit Reporting Act); (3) Violation of California Civil Code § 1786 et seq. (Investigative Consumer Reporting Agencies Act); (4) Violation of California Civil Code § 1785 et seq. (Consumer Credit Reporting Agencies Act); (5) Failure to Provide Meal Periods (Lab. Code §§ 204, 223, 226.7, 512 and 1198); (6) Fai...

Excerpt: ...eGestalt”), a California corporation. (TAC at ¶ 12.) Tigadi left the company in 2010 and his shares were distributed equally between Sahai and Bilugu. (Ibid.) In December 2012, Sahai and Bilugu created a shell entity, eGestalt Technologies, a Delaware corporation (“eGestalt-Del”). (TAC at ¶ 13.) In March 2015, the eGestalt-Del was renamed Aegify, Inc. (“Aegify”). (TAC at ¶ 15.) On February 1, 2010, Aegify made an offer of employment ...

Excerpt: ...ner (“Emily”) is Klopp's niece. (Ibid.) Throughout his life, Klopp remained close to Jane and Emily, often assuring Emily that she would never have to worry about money. (Id. at ¶ 8.) When Jane was experiencing health problems in 2021, Klopp told Jane and Emily not to worry about the healthcare costs because he had “multiple millions of dollars” set aside for them. (Id. at ¶ 8.) Beginning in or about 2003, Klopp established several indi...

Excerpt: ... RealPage as a “System Administrator” from September 2017 until his termination on September 30, 2019. The Complaint alleges (at ¶ 1) that Hix was misclassified by his employers as an employee who was exempt from the overtime provisions of California's Wage Orders. On-Site and RealPage are the only named defendants in the Complaint. The Complaint states six causes of action: (1) Failure to pay overtime (violation of Labor Code §§ 510, 558 ...

Excerpt: ...o weeks, on February 27, 2023. Because of the impending trial, the court granted Mulder's ex parte requests for two of these motions to be heard on shortened time. Plaintiff Richard Whitney opposes each of the motions and also previously opposed the requests to have the hearings expedited. The court GRANTS the motion for leave to file an amended answer, DENIES WITHOUT PREJUDICE the motion to bifurcate the trial, and GRANTS in part and DENIES in p...

Excerpt: ...located at 23645 Oak Valley Road in Cupertino (the “Property”). (AC, ¶ 7.) According to the AC, Plaintiff and Xie began dating in February of 2018, while Plaintiff was finalizing her divorce. (Id., ¶ 11-12.) Plaintiff and her husband needed to sell the family residence, the Property, because neither could afford to buy the other out, but moving would mean that their 10-year old son would have to move to a different school district. (Id.) Xi...

Excerpt: ...d on the representations made by defendants Gibbs, Rana Rekhi (“Rekhi”) and YCI, Plaintiff was formed to create a parent corporation for the acquisition of RB, with three entity owners: Hurley Family Trust, Chamonix Holding, Inc., and YCI. (See FAC, ¶¶ 7-13.) Plaintiff was not in the business of selling alcohol and therefore relied upon the representations of Defendants Rekhi, Gibbs, and YCI. (FAC, ¶ 9.) Plaintiff relied on the following i...