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 28 February 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Orde r on Motion of Defendants to Strike Portions Of Plaintiff's Complaint. I. Statement of Facts. Plaintiff Kyle Roberts (“Roberts”) alleges that on 25 October 2021, defendant Wyatt Perkins (“Perki...

Excerpt: ...d omissions (see c omplaint, ¶ 14) and defendant Lisa M. Flores' (“Flores”) negligent failure to maintain, inspect, repair and warn of the dangerous condition of the subject property (see complaint, ¶¶ 20 -23). On October 21, 2021, Plaintiff presented a claim for damages wit h defendant City of San Jose (“City”) in compliance with Government Code section 911.2, and, on November 10, 2021, City sent written noticed rejecting Plaintiff's ...

Excerpt: ...e allegations of the Complaint, Plaintiff Splashworks “owns” and manages Stars Therapy Services (“Stars”), an infant and toddler developmental program and service provider for children with “developmental delays.” (Complaint, ¶ 8.) Plaintiff heavily relies on its “custom” software system/platform (the “Legacy System”) to manage Stars. (Ibid.) The Legacy system, also referred to as “Splashworks 1.0,” took Plaintiff “year...

Excerpt: ...s allegedly entere d into on April 21, 2020. The complaint stated three causes of action: (1) Breach of Contract (alleging a failure to pay for materials and finished goods under the LOA); (2) Breach of the Implied Covenant of Good Faith and Fair Dealing (again alleging a f ailure to pay for materials ordered under the LOA); and (3) Promissory Estoppel (alleging reasonable reliance on the LOA and requests from Cue in incurring costs). Cue brough...

Excerpt: ...o GRANT the motion, given that Singh's original answer was filed when he was self - represented, and his proposed amended answer has now been prepared with the assistance of counsel. In addition, there is no discernible prejudice to Ruiz arising from the amendment. S ingh shall file his pleading within 10 days of this order —i.e., by no later than Monday, March 11, 2024. As for the motion to withdraw the admissions, Ruiz opposes the motion, a...

Excerpt: ...ains are 9 2 requests for admissions (originally 123 requests), a form interrogatory (No. 17.1, which is based on the RFAs), and a request for production of documents that is also based on the RFAs. This is in addition to 35 RFAs for which Miller previously already provided responses. Although this case has been pending since June 29, 2020 —i.e., for three years and eight months— Duraipandan served this latest set of discovery requests on Jan...

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 28 February 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo --- Order on Motion of Plaintiff for Reconsideration of Order Granting Attorney's Fees to Defendants (Code of Civil Procedure, §425.16); Motion of Defendant for Reconsideration Of Order Granting Attorn...

Excerpt: ...ussed below, the motion is GRANTED. I. BACKGROUND A. Related Case In August 2017, another Samaritan employee, Jennifer Richert, filed a similar action related to her wage statements, Richert v. Samaritan, LLC (Super. Ct. Santa Clara County, No. 17CV314186) (Richert) . Ms. Richert is represented by the same counsel who represent Plaintiffs here. She alleges that, during pay periods when she received overtime wages, her wage statements failed to i...

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 28 February 2024. Please specify the issue to be contested when calling the Court and Counsel. --- o ooOooo --- Order On Motion of Plaintiff for Summary Judgment/Summary Adjudication. I. Statement of Facts. This motion is not opposed. Plaintiff filed this complaint on 05 December 2022.2 Diane E. Holm...

Excerpt: ...) failure to provide meal periods, (6) failure to provide rest breaks, (5) failure to pay wages due upon termination; (8) failure to issue accurate and itemized wage statements, (9) failure to indemnify, and (10) unlawful business practices in violation of California Business and Professions code § 17200. Defendant asserts this matter must be sent to arbitration and the litigation stayed because Plaintiff entered an arbitration agreement at the ...

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 28 February 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Order on Motion of Plaintiff To Compel Defendant to Provide Further Responses To Discovery Requests. I. Statement of Facts. Plaintiff filed this complaint on 19 May 2022.3 He alleges that on 05 Novem...

Excerpt: ... this lawsuit. Wh ile this case was pending, Mr. Wu left Bitmain and is now the Chief Executive Officer, Chief Financial Officer, and Secretary of Non- Party Bitdeer. Bitmain has evidence from its discovery of Cryplex that Cryplex contacted Mr. Wu at Bitmain to discuss this lawsuit, including “litigation funding”, “acquisition of claims”, or “business transactions.” Bitmain seeks to obtain further discovery on these topics directly fr...

Excerpt: ...5) Private Nuisance; (6) Public Nuisance; and (7) Breach of Contract. All seven causes of action are alleged against all defendants. Two of the defendants, Hilton Worldwide Holdings, Inc. (“Hilton Worldwide”) and Park Hotels and Resorts (“Park Hotels”), brought a joint motion to quash service of summons based on lack of personal jurisdiction on August 17, 2022. Yau did not file any opposition to the motion, and this court (Judge Kirwan) ...

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 28 February 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Motion of Defendant/Cross -Complainant Century Park Ambulatory Surgical Center, LLC for Order Setting Aside and Vacating Default and Default Judgment and for Leave to File an Answer and Amended Cross -Co...

Excerpt: ...ation Act (“CAA”) and the California Code of Civil Procedure (“CCP”) section 1280, et seq., is DENIED. Defendant's motion pursuant to 9 U.S.C. section 3 and CCP section 1281.4 for a stay in this action is DENIED. Legal Standards Both federal law and California law favor the enforcement of valid arbitration agreements. The United States Supreme Court has often reaffirmed the long - standing “liberal federal policy favoring arbitration,�...

Excerpt: ... (“C&B”), alleging violations of the California Fair Debt Buying Practices Act and the Rosenthal Fair Debt Collection Practices Act. The Complaint, filed on December 14, 2021, alleges that Plaintiff incurred a debt in the form of a consumer credit account issued by non -party We bBank and evidenced by an electronic promissory note. The debt was allegedly transferred to CKS and Webcollex, but they were never given the electronic promissory no...

Excerpt: ... forth the foll owing causes of action: (1) Violation of Cal. Labor Code §§ 510 and 1198 (Unpaid Overtime); (2) Violation of Cal. Labor Code §§ 226.7 and 512(a) (Unpaid Meal Period Premiums); (3) Violation of Cal. Labor Code § 226.7 (Unpaid Rest Period Premiums); (4) Viol ation of Cal. Labor Code §§ 1194, 1197 and 1197.1 (Unpaid Minimum Wages); (5) Violation of Cal. Labor Code §§ 201, 202 and 203 (Final Wages Not Timely Paid); (6) Violat...

Excerpt: ...he following causes of acti on: (1) Breach of Contract (against Bernard); and (2) Breach of Contract (against Andrews). Plaintiff alleges Bernard breached his Proprietary Information and Invention Assignment Agreement (“PIIA Agreement”) and Employment Agreement by modifying security protections on the Market Operating Plan, downloading the Market Operating Plan onto a personal computer, preparing to compete against Plaintiff during his employ...

Excerpt: ...r Velador Zuniga are mother and son. Esther Zuniga is the Trustee of the Ester V. Zuniga Revocable Living Trust Dated December 20, 2004 (“Trust”). Defendant Alesia Murrieta is the Successor Trustee under the terms of the Trust and Esther Zuniga's granddaughter. The facts are not disputed. Esther Zuniga and her ex -husband, Plaintiff's father, purchased the Property as their residence in 1972. On July 2, 2003, Plaintiff's father/Esther Zuniga'...

Excerpt: ...in user -in terface (“UI”) designs, via email to provide UI design services for his project, which would later become known as Zoom. The email designated Plaintiff as “UI consultant,” and his job was to provide his professional opinions and make recommendations for im proving the product's UI. Between October 27, 2011, and October 29, 2011, Mr. Yaun and Plaintiff exchanged emails regarding contract terms, eventually entering a Shares -for...

Excerpt: ...al negligence. The FAC al leges Officer Taktejeva engaged in police misconduct on March 19, 2021 when she displayed inaccuracies in her police report in relation to an attack by Tang Jianing (“Jianing”) on Plaintiff.1 Specifically, the FAC alleges: inaccurate reporting regarding Ji aning's account of the attack and weapon utilization; failure to communicate Plaintiff's injury to the on- call judge who issued the emergency protective order; P...

Excerpt: ...ixteen years old.” (Complaint, ¶¶ 1 -2, 8, 11 -14.) According to the allegations in the Complaint, Plaintiff, who is currently sixty -two years old, was a student at Lynbrook High School (“Lynbrook”) located in Santa Clara County. (Ibid.) The alleged sexual abuse occurred betw een 1976 and 1977. Defendant, a public entity/school district, was an employer of Doe 2, a then 40 -year -old Lynbrook science teacher who molested and sexually abu...

Excerpt: ...ve rulings below. I. Background This is a personal injury matter arising out of incidents that occurred during Plaintiff's incarceration. On August 7, 2020, a deputy twisted Plaintiff's wrist over tightened handcuffs, causing injury. (SAC, p. 40; Attachment to Co mplaint, p. 4.)2 On October 3, 2020, another deputy challenged Plaintiff because he refused orders to confront another inmate. (Ibid.) Plaintiff identifies another incident on October 2...

Excerpt: ...ntiff Travel ers Property Casualty Company of America (“Travelers”), requests a total of $60,994.50 in fees and costs, representing the amounts incurred in responding to both appeals and the petition for review. Defendant Critchfield Mechanical, Inc. (“Critchfield”) o pposes the motion on two discrete grounds, discussed below. As a threshold matter, Travelers has submitted a request for judicial notice of various court filings and orde...

Excerpt: ... stated claims for: (1) Breach of Contract; (2) Breach of the Implied Covenant of Good Faith and Fair Dealing; (3) Promissory Estoppel; (4) Fraud; (5) Unfair Business Practice; (6) Unjust Enrichment; (7) Money Paid; (8) Accounting; and (9) Conspiracy. She alleged that defendants Wu, H u, and Li were all the alter egos of We Party. We Party brought a demurrer to Ren's original complaint, as well as a motion to strike the complaint's request for pu...

Excerpt: ...dow during which Piazza's normally maintained its video footage, Gonzalez argues that litigation was reasonably foreseeable in this instance, and so the failure to preserve the video constituted spoliation of evidence. Although it is a much closer call than either side is willing to admit, the court finds that litigation was reasonably foreseeable before Gonzalez made a formal demand, and that Piazza's was negligent in failing to preserve the vi...

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 26 February 2024. Please specify the issue to be contested when calling the Court and Couns el. ---oooOooo --- Order on Motions of Defendant Bledsoe Family Properties, LLC To Compel Responses to Discovery Requests and Request for Monetary Sanctions. I. Statement of Facts. Plaintiff filed t...

Excerpt: ...rformance” records, wh ich shall be excluded from the records produced. It is DENIED as to all the other records requested. The subpoenaed records (except Plaintiff's performance records) shall be produced by Tacos pursuant to Defendant's subpoena within 20 days of notice of this order. The records produced by Tacos pursuant to the Defendant's subpoena shall only be used in this action. The Complaint Plaintiff filed a complaint against Defenda...

Excerpt: ... Kia had just recently filed its motion to tax costs. As a threshold matter, the court rejects Thuerk's argument that Kia's motion is untimely. Rule 3.1700(b)(1) requires that a motion to strike or tax costs be served within 15 days after service of the memorandum of c osts. That was done here, and so that ends the inquiry. It does not matter that an amended notice of motion was served later with an updated hearing date for the motion. As for th...

Excerpt: ...h 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 26 February 2024. Please specify the issue to be contested when calling the Court and Counsel . --- oooOooo --- Orders on 1. Motion of Defendant Good Samaritan Hospital To Strike Portions of Plaintiff's Second Amended Complaint; 2. Demurrer of Defendant Good Samaritan Hospital to Plaintiff's Cau...

Excerpt: ...ined in the parties' brief s, and so the court turns to the arbitrator's interim and final awards for an explanation. John is apparently Tom's nephew. The three parties (John, Tom, and MCM) hold membership interests in Urban Markets, LLC (“UM”) and Urban Markets Entertainment, LLC (“UME”), which are the entities that operate San Pedro Square Market, a food hall in downtown San Jose. John and Tom's economic interests in UM are held indire...

Excerpt: ...eral statements to a group of individuals including, but not limited to, the Plaintiff, and members of the Williams, Rader, Gordon, and Ayal families (and possibly the Bromberg family). (Complaint at p. 2:33 -38.) The email content consists o f the following statements: (1) “And that one was before or after you got arrested for hurting Emma? Did she get a restraining order against you? That was the second or third restraining order women have t...

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 26 February 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Order on Motion of Defendant Tacomania, Inc. for Sanctions against Plaintiff and Counsel. I. Statement of Facts. Plaintiff Skinner Law Group APC filed this complaint on 27 December 2022, seeking damages...

Excerpt: ...Lua. (Complaint, p. 4.) Lua initiated this action on December 3, 2021, asserting claims for negligence and premises liability. On October 4, 2023, Seaside filed the instant motion, which Lua opposes. II. Evidentiary Objections Lua's objections to Seaside's evide nce do not need to be ruled upon because they do not comply with Rule of Court 3.1354. Rule 3.1354 requires two documents to be submitted when evidentiary objections are made: the object...

Excerpt: ... Way in Stanford, County of Santa Clara (“Property”.) The Property is owned by Plaintiff as part of its housing program located in a 450 -acre subdivision and used exclusively to provide subsidized housing for eligible faculty. (FAC ¶¶ 3, 8, 33.) On August 21, 2018, P laintiff entered into a ground lease agreement with the Faculty Lessee for a term of 51 years. Plaintiff reserved a significant ongoing interest in the Property and granted o...

Excerpt: ...operator of the vehicle, was driving a 2017 Lexus RX. (Compl., ¶¶ 3 -4.) Plaintiff did not contribute to the accident. (Compl., ¶ 7.) On October 16, 2023, Plaintiff filed her Complaint alleging a negligence cause of action against Defendant. On January 2, 2024, Defendant filed a demurrer to the Complaint. Plaintiff opposes the motion. II. Demurrer a. Legal Standard “A demurrer tests only the legal sufficiency of the pleading. It admits the...

Excerpt: ...irst 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 February 2024. Please specify the issue to be contested when calling the Court and Counsel. --- o ooOooo --- Order On Defendant Aemetis Advanced Fuels Keyes, Inc.'s Demurrer To Plaintiff's Complaint. I. Statement of Facts. Plaintiff Lion Manufacturing (“Lion”) is engaged in the business of c...

Excerpt: ...reholder of a separate entity, Cynthi.io Inc. Google's termination letter —sent only to Mr. Willaims —accuses Plaintiff of conducting work for Cynthi.io using Google's time and resources, including his corporate laptop. Plaintiff vehemently denies very sentence o f the termination letter, referencing both his pre -hiring correspondence with other Google personnel and his cooperation during Google's investigation of this alleged conflict of i...

Excerpt: ...scan for Plaintiff. (Ibid.) Plaintiff did not receive a call from Defendant explaining the results of the CT scan or to discuss any risks or future treatment. (Ibid.) Instead, Plaintiff received a postcard concerning her test re sults which simply stated, “no abnormalities.” (Ibid.) On August 18, 2022, Plaintiff woke up and was nearly completely blind in her right eye. (See Attachment to Complaint.) Plaintiff alleges Defendant should have dia...

Excerpt: ...ah resided at t he time of commencement of the action. On April 22, 2022, Li filed the operative first amended complaint for declaratory relief (“FAC”). On September 2, 2022, Mummah concurrently filed an Answer to the FAC and a Cross- Complaint for Violation of Federal and California Fair Debt Collection Practices Acts (“FDCPA”) (“cross- complaint”). The cross-complaint named Li's attorney, Scott A. Flaxman, as a cross- defendant. ...

Excerpt: ...of John Doe 6. Doe 1 argues that Doe 6 has placed his mental condition at issue in this case, given his claims that he “continues to suffer from post -traumatic stress disorder, depression, repressed feelings and memories of his encounters, aggression, psychological s truggles, substance abuse, psychological trauma[,] and an inability to maintain meaningful relationships as a result of the alleged childhood sexual abuse that forms the basis of ...

Excerpt: ...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 21 February 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oo oOooo --- Orders on: (1) Motion Of Defendants/ Cross -Complainants For Summary Judgment, Or In The Alternative, Summary Adjudication, On Cross -Complaint; (2) Motion Of Defendants For Summary Judg...

Excerpt: ...On 12/8/2022 Defendant served a notice of taking Plaintiff's deposition on 12/28/2022 and requested the RPD Nos. 1 -17 be produced at the deposition. Written objections must be served on the party noticing the deposition at least three calendar days before the deposition. (Code Civ. Proc. § 2025.410(a), (b).)3 Plaintiff served timely written objections to the notice of deposition by email on 12/23/2022. A party may move to compel deposition atte...

Excerpt: ...ar, make, and model as the [Subject Vehicle]”: (1) internal analyses and investigations regarding the “electrical defect” that allegedly manifested itself in the Subject Vehicle; (2) communications regarding the electrical defect; (3) electronic documents “relating to any decision to issue any notices, letters, campaigns, warranty extensions, technical service bulletins and recall concerning the [electrical defect]; (4) customer complaint...

Excerpt: ...nt project in San Jose know n as “Downtown West.” (See FAC, ¶¶ 1 -2, 42 -47.) Defendant Leslie Kipp is one of several descendants of former owners of the parcels comprising the subject property and may claim to have some right, title, estate, interest, lien or cloud on title to the s ubject properties. (See FAC, ¶¶ 5 -41.) Plaintiffs collectively assert fee interest ownership of the subject properties, alleging that Civil Code section 831...

Excerpt: ...y opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 21 February 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Order On Defendant Zhichao Lu's Motion To Dismiss Or, in the Alternative, Stay Proceedings. I. Statement of Facts. Plaintiff Jin Zhang (“Zhang”) started working for defendants Hefei Reliance Memory Ltd.; Reliance Mem...

Excerpt: ...ussed below, the motion is GRANTED. I. BACKGROUND A. Related Case In August 2017, another Samaritan employee, Jennifer Richert, filed a similar action related to her wage statements, Richert v. Samaritan, LLC (Super. Ct. Santa Clara County, No. 17CV314186) (Richert) . Ms. Richert is represented by the same counsel who represent Plaintiffs here. She alleges that, during pay periods when she received overtime wages, her wage statements failed to i...

Excerpt: ...ry relief; and, 3) Fraud. On March 22, 2023, the Arzadons filed a demurrer to the complaint. Artemio passed away. On May 5, 2023, Estrella R. Floresca (“Estrella”), individually and as the successor of interest of Artemio C. Floresca, filed a first amended complaint (“FA C”) asserting identical causes of action. On June 6, 2023, the Arzadons filed an answer to the FAC. Estrella demurred to the unverified answer and on September 29, 2...

Excerpt: ...acate. 1. Backgrou nd This case arises out of Hopkins's representation of Carleen Whittelsey (“Whittelsey”) and her now -deceased husband Stuart G. Whittelsey Jr. (“Stuart”) in estate planning and estate administration over the course of numerous years, including in litigatio n regarding the estate after Stuart passed away. On June 22, 2021, Whittelsey filed this action for legal malpractice and breach of fiduciary duty against Hopkins....

Excerpt: ... Penalties Under PAGA fo r Violations of Labor Code Section 2751(a) and (b); (2) Civil Penalties Under PAGA for Violations of Labor Code Section 1102.5; (3) Civil Penalties Under PAGA for Violations of Labor Code Section 232.5; and (4) Civil Penalties Under PAGA for Violations of Labor Code Section[s] 201, 202, and 203. Now before the court is Defendant's demurrer to the first through third causes of action of the SAC on the ground of failure to...

Excerpt: ...023, sets fort h the following causes of action: (1) Failure to Pay All Minimum Wages; (2) Failure to Pay All Overtime Wages; (3) Rest Period Violations; (4) Meal Period Violations; (5) Wage Statement Violations; (6) Failure to Reimburse for Necessary Business Expenses; (7) Waiting Time Penalties; (8) Failure to Timely Pay Wages During Employment; (9) Unfair Competition; and (10) PAGA Penalties. The parties reached a settlement. Plaintiffs Erlind...

Excerpt: ... following cau ses of action: (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 Premiu m 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 22...

Excerpt: ... 23, 2023, sets forth causes of action for: (1) Violation of Cal. Labor Code §§ 510 and 1198 (Unpaid Overtime); (2) Violation of Cal. Labor Code §§ 226.7 and 512, subd. (a) (Unpaid Meal Period Premiums); (3) Violation of Cal. Labor Code § 226.7 (Unpaid Rest Period P remiums); (4) Violation of Cal. Labor Code §§ 1194, 1197, and 1197.1 (Unpaid Minimum Wages); (5) Violation of Cal. Labor Code §§ 201, 202, and 203 (Final Wages Not Timely Pai...

Excerpt: ... “Defendants”) ar ising out of various alleged wage and hour violations. The Class Action Complaint (“Complaint”), filed by plaintiffs Chyna La She Cole (“Cole”) and Alexander Jay Matua (“Matua”) (collectively, “Plaintiffs”) on March 24, 2023, sets forth causes of action f or: (1) Failure to Pay Overtime Wages; (2) Failure to Pay Minimum Wages; (3) Failure to Provide Meal Periods; (4) Failure to Provide Rest Periods; (5) Wait...

Excerpt: ...uses of action: (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 §§ 17200, et seq. (“UCL”); (6) Failure to Reimburse Business Expenses; and (7) Enforcement of Labor Code § 2698 et seq. (“PAGA”). The parties reached a settlement. Plaintiff Tracee S...

Excerpt: ...al According to the allegation s in the operative Complaint, Plaintiff Pereira entered into a “Listing” agreement with prospective buyers, Xiochiti Mijangos and Patel Mijangos (collectively, “Buyers,”) for the sale of real property located on 12935 Columbet Avenue, San Martin, Californi a (“Subject Property.”) Robert Ellis (“Ellis,”) a realtor at Remax Morgan Hill, was the listing agent of the Subject Property. (Complaint. p. 3.) ...

Excerpt: ...2) Battery; (3) Gen der Violence in Violation of Civil Code Section 52.4; (4) Assault; (5) Violation of the Ralph Civil Rights Act (Civil Code Section 51.7); (6) Violation of the Bane Act (Civil Code Section 52.1); (7) Intentional Infliction of Emotional Distress; and (8) Neg ligent Infliction of Emotional Distress. There are no exhibits attached to the complaint. Currently before the court is Gandoza's demurrer to the complaint, filed on Dece...

Excerpt: ...y 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 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Order On Demurr e r To Plaintiff's Complaint. I. Statement of Facts. Plaintiff Erik Estavillo (“Estavillo”) is permanently disabled, suffering from Crohn's disease, depression, obsessive -compulsive disorder, a...

Excerpt: ...mmonly known as Suite 700 (“Premises”) of the building located at 2440 West El Camino Real in Mountain View, California. (Complaint at ¶ 5.) The Lease required Flex Logix, among other things, to pay rent and other charges (collectivel y, “Rent”) when due. (Id. at ¶ 6.) Despite this requirement, Flex Logix failed to pay Rent when due under the terms of the Lease. (Id. at ¶ 7.) On June 8, 2023, BXP served Flex Logix with a 5 -day Notice ...

Excerpt: ...In mid -2021, the Coun ty required its employees to receive vaccinations for SARS -CoV -2, the virus that causes the COVID -19 disease. (Ibid.) From mid -2021 to November 15, 2021, Salinas sought a religious exemption or accommodation from Defendants, and he submitted a Religious Exception Request Form in August 2021. (Id. at ¶ 3; see also Exh. A.) On November 4, 2021, Defendants sent a notice of denial of the religious exemption, determining th...

Excerpt: ...of action in the First Ame nded Complaint (“FAC”). Defendants have also filed a motion to strike certain portions of the FAC. I. BACKGROUND A. Factual According to the allegations of the FAC, Plaintiff was employed at Yeganah. (FAC, ¶¶ 20 -21.) On or about August 28, 2021, Plainti ff pointed out to Tarighat that he believed Tarighat had made a mistake with a customer's food order. (Id., ¶ 22.) Tarighat became upset and began yelling at Pl...

Excerpt: ...) loaned Plaintiff $620,000 (the “Loan”) subject to a promissory note (“Note”) secured by real property located at 11820 Foothill Avenue in Gilroy (the “Property”).1 (SAC, ¶¶ 1, 10.) A Deed of Trust was recorded on December 16, 2016. (SAC, ¶ 11.) In 2018 and 2020, Mil estone Financial imposed amended terms for the Loan and Plaintiff had no choice but to agree to the demands each time. (SAC, ¶ 13.) The 2020 Amended Loan Agreement c...

Excerpt: ...ourt 3.1308, the Court issues its tentative ruling. I. Background Plaintiff claims he is a “federal whistleblower in what [is] alleged to be the longest and most lucrative water grab [] in the State of Utah.” (Complaint ¶ 1.) According to the complaint, Defendants “perpetuated a fraudulent scheme to retire senior water rights vis- à-vis duplicitous water claims….for the construction and massive expansion of a luxurious private urban dev...

Excerpt: ...ghth Division (F ord Motor Warranty Cases (2023) 89 Cal.App.5th 1324 (Ochoa)), and one from the Seventh Division (Montemayor v. Ford Motor Co. (June 26, 2023, B320477) __ Cal.App.5th __ [2023 Cal.App.Lexis 481; 2023 WL 4181909] (Montemayor)) —both of which expressly disagre e with Felisilda. More recently, the Third Appellate District Court of Appeal in Keilar on August 16, 2023, and, the First Appellate District Court of Appeal in Yeh on Septe...

Excerpt: ...their papers a nd the hearing, the court makes the following rulings: This is an action for attorney malpractice. According to the allegations of the complaint, in 2013, plaintiff Kevin Young (“Young”) began working at plaintiff ABC Wholesale, Inc. (“ABC”), a company founded by his parents. (See complaint, ¶ 8.) Young obtained legal advice regarding the business, including operations and collections, from defendants Judy ChiDee Tsai (“...

Excerpt: ...y 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 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Order On Defe ndant Michael Shtein's Special Motion To Strike. I. Statement of Facts. Plaintiff Lynley Hogan (“Hogan”) rents rooms in her Los Gatos home to guests through a company called VRBO. (First Amended C...

Excerpt: ...ly, “Defendants”), causing h im to sustain injuries. (See complaint, ¶ 9.) Defendants knew or should have known about the dangerous condition created by the utility cover and catch basin being used on the subject premises as a latent dangerous condition in an area open and known and foreseeably to be used by the public. (See complaint, ¶ 10.) On September 20, 2021, Plaintiff filed a complaint against Defendants asserting causes of action f...

Excerpt: ...nt, ¶ 1.) Dr. Asllani is a Kosovo resident, doctor, and human rights activist, who has documented human rights violations in the Western Balkans for the past 30 years. (Complaint, ¶ 3.) Plaintiffs allege Google discriminated against the Albanian language by excl uding it on Google platforms and failing to support it on Google Ads and Google Adsense. (Complaint, ¶¶ 9 -12.) In 2014, the Director of Google Adriatic visited the Republic of Kosovo...

Excerpt: ... again st Emil Eshagh and The Perfect Finish Inc. (“Perfect Finish”) in the amount of $50,733.28, for breach of contract, fraud, and other causes of action. Emil Eshagh was/is involved in the operation of The Perfect Finish. (Complaint, ¶ 11.) Plaintiffs had contracted Perfect Finish to design, build, and install kitchen and bathroom cabinets. (Complaint, ¶ 9.) On May 1, 2023, during a debtor's exam, Mr. Eshagh claimed (1) Earthlime Inc. wa...

Excerpt: ...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 February 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Order On Defenda n t 's Demurrer To Plaintiff's Complaint. I. Statement of Facts. Plaintiff Ampere Computing LLC (“Ampere”) is a semiconductor manufacturer founded in 2017. (Plaintiff Ampere's complaint in case n...

Excerpt: ...s father and his mother Adrienne, as joint tenants, gifted property located at 2960 Sierra Road in San Jose (the “Property”) to Tyler and his wife, Leticia Kawamoto. (SAC, ¶ 10.) On April 30, 2007, Tyler and Leticia paid Tyler's parents $350,438.87 for the Property, and they continued to make mortgage payments of $1,500 per month. (SAC, ¶¶ 11 -12.) On June 6, 2008, Tyler's father passed away. (SAC, ¶ 13.) On November 12, 2008, Adrienne tr...

Excerpt: ... & Nguyen Thi Ngoc Quy Insuran ce Trust. The original and still -operative complaint, filed on October 20, 2020, states three causes of action: (1) Fraudulent Transfer re: “Granite Bay Property,” in violation of Civil Code (“Civ. Code”) section 3439.04(a), part of the Uniform Voidable Transfer Act (“UVTA”) (Civ. Code, §§ 3439 et seq.); (2) Fraudulent Transfer re: “$1.9 Millon Granite Bay Loan,” in violation of Civ. Code section...

Excerpt: ...V395005) after Respondents successfully quashed a petition to correct the arbitration award, this court (Judge Kirwan) awarded $461,250.00 out of the $745,696.49 requested. In the second motion, filed in a related case (No. 22CV399395) after Respondents (who were petitioners in that case) prevailed on a petition to confirm the arbitration award, this court (the undersigned) awarded $361,923.55 out of the $810,545.35 requested in this case. The ...

Excerpt: ...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 14 February 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo --- Orders on: (1) Motion Of Defendants/ Cross -Complainants For Summary Judgment, Or In The Alternative, Summary Adjudication, On Cross -Complaint; (2) Motion Of Defendants For Summary Judgm...

Excerpt: ...on Agreement,” the cour t agrees with Plaintiff and grants his motion. The court denies defendants' motion. The parties settled their litigation shortly before trial, as memorialized in a one - page settlement agreement dated February 28, 2019. The parties noted in the agreement that they “anticipate a more formal settlement agreement being drafted and executed but it is their intent that this document, [sic] signed by them be a binding legal...

Excerpt: ...nt inc reased the interest rate from 1% to 5%, they declined to move forward with the loan, and the loan was never funded. Defendant claims the loan agreement was made between Plaintiff Van Tu's brother and Defendant in 2015. In the course of researching a pos sible refinance of the property, Plaintiffs discovered the short form deed for $200,000 was filed against their property and filed this lawsuit to quiet title. On August 13, 2021, Plaint...

Excerpt: ...ussed below, the motion is GRANTED. I. BACKGROUND A. Related Case In August 2017, another Samaritan employee, Jennifer Richert, filed a similar action related to her wage statements, Richert v. Samaritan, LLC (Super. Ct. Santa Clara County, No. 17CV314186) (Richert) . Ms. Richert is represented by the same counsel who represent Plaintiffs here. She alleges that, during pay periods when she received overtime wages, her wage statements failed to i...

Excerpt: ...ded that Why Systems would provi de equipment and services to Emodo at a monthly rate of $271,068 and with a 5% charge for late payments and award of attorneys' fees incurred in connection with the collection of amounts due. (Compl., ¶ 6, subds. (a) -(c).) Defendant breached the August Lease by failing to make the payments due and owing of at least $5,028,492, excluding interest and fees. (Compl., ¶ 8.) On July 31, 2023, Plaintiff filed its Co...

Excerpt: ...h Retention of a Se curity Deposit. According to the complaint, Plaintiffs resided at 95 South 33rd Street in San Jose, California (the “Property”) from November 2020 to September 2021. (Complaint, ¶ 12.) Plaintiffs signed a written agreement with Esmeralda Real Gonzales , who represented herself as the owner of the Property.1 (Id. at ¶ 13.) After learning that Gonzales was not the owner, Plaintiffs asked her who was, prompting Gonzales to ...

Excerpt: ... on March 31, 2019, he entered into a warranty contract with Defendant and purchased a defective 2019 GMC Sierra 1500 (“Subject Vehicle”) that was manufactured and warranted by Defendant. (Complaint, ¶¶ 16 -18, 29, 31.) In connection with this purchase, Plaintiff received an express wri tten warranty providing that Defendants would repair the Vehicle in the event it developed a defect during the warranty period. Plaintiff also received an i...

Excerpt: ...023, sets forth causes of action for: (1) Failure to Pay All Minimum Wages; (2) Failure to Pay All Overtime Wages; (3) Meal Period Violations; (4) Rest Period Violations; (5) Wage Statement Violations; (6) Failure to Timely Pay Wages During Employment and Upon Terminatio n; (7) Unfair Competition; and (8) PAGA Penalties. The parties have reached a settlement. Plaintiff Anicia Cisneros (“Plaintiff”) moved for preliminary approval of the settle...

Excerpt: ... 2020, set forth c auses of action for: (1) Violation of 15 U.S.C. §§ 1681b(b)(2)(A) (FCRA); and (2) Violation of 15 U.S.C. §§ 1681d(a)(1) and 1681g(c) (FCRA). On November 18, 2020, the court issued its Order Deeming Case Complex and Staying Discovery and Responsive Pleading Deadline, which stayed all discovery in this case. On June 4, 2021, Plaintiff filed the operative First Amended Complaint (“FAC”), which sets forth causes of action ...

Excerpt: ...ilure to Provi de Meal Periods or Compensation in Lieu Thereof; (2) Failure to Provide Rest Periods or Compensation in Lieu Thereof; (3) Failure to Pay Minimum Wages; (4) Failure to Pay Overtime Wages; (5) Failure to Reimburse Work Related Expenses; (6) Failure to Comply with Itemized Employee Wage Statement Provisions; (7) Failure to Pay All Wages Upon Termination; (8) Unfair Business Practices; and (9) California Labor Code Private Attorneys Ge...

Excerpt: ...�Plaintiff”). Pl aintiff's original Complaint, filed on September 30, 2019, set forth the following causes of action: (1) Breach of Contract; (2) Breach of the Implied Covenant of Good Faith and Fair Dealing; (3) Intentional Misrepresentation; (4) Promise Without Intent to Perform; (5) Fraudulent Omission; (6) Breach of Fiduciary Duty; (7) Quasi -Contract Based on Unjust Enrichment; (8) Violation of California Bus. & Prof. Code § 17200; (9) I...

Excerpt: ... attorney's fees provisions in two di
¯erent agreements that apply to this case. Having reviewed these provisions closely, as well as the cited case law, the court disagrees and now denies the motion. 1. The MOU First, defendants rely on a memorandum of understanding (“MOU”) between plainti
¯ Brett Weisel and defendant David Lichtenger that was “attached and incorporated into the LLC Operating Agreement” for Integrity Homes, LLC, which ...

Excerpt: ...onal (“Colliers”), and John Machado (“Machado”)(collectively, “Cross-Defendants”). According to the allegations of the Cross-Complaint (“XC”), on May 7, 2002, Schmitt purchased a fee estate of real property located at Hillsdale Ave in San Jose (“the Property”). (XC, ¶ 1.) Alliance was hired through Colliers' agent Machado, to handle the transaction and prepare the grant deed for the Property. (Id. at ¶ 4.) Also on May 7, 200...

Excerpt: ...��)2, property located at 4234 Pomona Avenue in Palo Alto (the “Pomona Property”)3, and property located at 2972 Clara Drive in Palo Alto (the “Clara Property”). The Clara Property is at the center of this Complaint. In 2002, Sherry and Lisa purchased the Clara Property. (Complaint, ¶ 16.) Mei and her late husband, Ying, put up the $300,000 down payment for the Clara Property as a gift to their daughters, who are each 50% owners. (Compla...

Excerpt: ...”) (collectively, “Defendants”). According to the complaint, BioDot designs and manufactures precision liquid dispensing and material-handling systems used by corporate customers to manufacture diagnostic tests. (Complaint at ¶ 2.) ATS is a multi-national conglomerate that builds automation systems for many industries, including medical devices, pharmaceuticals, telecommunications, semiconductor, Þber optics, automotive, computers, solar ...

Excerpt: ...elief from the government claim Þling requirements (Government Code section 945.4), Doe Þled the operative Þrst amended complaint (“FAC”) on July 21, 2023. The FAC states causes of action for: (1) Gender Violence (Civ. Code, § 52.4); (2) Sexual Harassment (Civ. Code, §§ 51.9, 52); (3) Sexual Assault (Code Civ. Proc., § 340.16); (4) Sexual Battery (Civ. Code, § 1708.5); (5) Intentional Inßiction of Emotional Distress (Code Civ. Proc.,...

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 09 February 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Orders on Defendant's Demurrer and Motion to Strike. I. Statement of Facts. On or about 16 September 2022 decedent Adeburezak Ebrahim (“Decedent”) was admitted to Santa Clara Valley Medica...

Excerpt: ...ca's (“BUPTAAA”); and iTalk Global Communications, Inc.'s (“iTalk”) special motion to strike Plainti
¯ Ning Yu's First Amended Complaint. California Code of Civil Procedure section 425.16(c) states: “a prevailing defendant on a special motion to strike shall be entitled to recover his or her attorneys' fees and costs.” (Cal. Code Civ. Pro. §425.16(c) (emphasis added).) Given the mandatory nature of these fees and costs, the only iss...

Excerpt: ...lleges Purvis breached his Þduciary duties to StormQuant when “he walked o
¯ the job with no notice or e
¯ort to protect StormQuants interests” and engaged in self-dealing to enrich himself and others, including his spouse. (Id.) StormQuant alleges Purvis “developed a scheme” to create employment agreements that would only be o
¯ered if StormQuant obtained $5 million in funding from an investor. (Complaint, ¶ 7.) StormQuant alleges ...

Excerpt: ...5660.40 for a total of $121,272.90. Nguyen is the “prevailing defendant under CCP section 425.16(c), which mandates that “a prevailing defendant on a special motion to strike shall be entitled to recover his or her attorney's fees and costs.” (CCP § 425.16(c).) On November 8, 2023, the Court issued an order granting Nguyen's anti-SLAPP motion with respect to six of the seven counts contained in Plainti
¯'s First Amended Complaint. By this...

Excerpt: ... did not Þle her memorandum o points and authorities until January 22, 2024, which is only 15 court days beore a February 13, 2024 hearing date. Code o Civil Procedure section 1005, subdivision (b), requires moving papers to be served at least 16 court days beore a hearing. Unsurprisingly, given the lack o notice (much less, timely notice) the court has received no response to the motion rom Nordstrom. Second, even i notice were proper, t...

Excerpt: ...ackground 1. Complaint According to the Complaint, the Falcocchias engaged in unpermitted work on their residential property in violation of the City's municipal code. An administrative hearing was held before the City's Appeals Hearing Board (the “Board”). The Board ordered the Falcocchias to obtain City approval, including permits and inspections, for work done on their property. The Board also assessed administrative costs and penalties, i...

Excerpt: ...answered questions. This brief was also tardy.4 The court would like the parties to address the following questions at the hearing: 1. Plainti
¯s argue that the Federal Arbitration Act (“FAA”) does not apply in this case, because “[t]here is no indication . . . that AXIOM engaged in any interstate commerce or that the agreement is intended to encompass such activity at all.” (Opposition at pp. 3:28-4:2.) If the court ultimately agrees an...

Excerpt: ...ly favor the enforceability of arbitration agreements and require that – where parties have agreed to arbitrate – they must do so in lieu of litigating in court. (Buckeye Cheek Cashing, Inc. v. Cardegna (2006) 546 U.S. 440, 443; Moses H. Cone Mem. Hospital v. Mercury Constr. Corp. (1983) 460 U.S. 1, 24-25; Harris v. Tap Worldwide, LLC (2016) 248 Cal.App.4th 373, 380 [“California law favors enforcement of valid arbitration agreements.”]; t...

Excerpt: ... 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 09 February 2024. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo--- Order on Motion of Defendants to Quash Subpoena Issued to Bank of America, N.A. I. Statement of Facts. Plainti
¯ Þled this complaint on 22 of August 2022.4 Plainti
¯s contend that defen...

Excerpt: ...d oral argument, the Court essentially found for Petitioners. The arbitrator's interim award states: Arbitrator awards Claimants $13,504.00 as damages for breach of the HIA, plus costs in the amount of $748.32, plus attorney's fees according to proof. Claimant shall submit to Arbitrator an itemized statement of attorney's fees incurred showing the attorney's hourly rate, the date the work was performed, the work performed, and the amount of time ...

Excerpt: ...f boarding a ßight back to her home in the State of Washington. (Deposition of Shannon Krzycki (“Krzycki Depo.”) 72:5-10.) As Ms. Krzycki waited for her ßight to begin boarding, she sat in a bank of seats across from a restroom near Gate 13 with several traveling companions, including Ken Erickson, Adam Berns, and Alessandra Berns. (Krzycki 72:21-74:13; Deposition of Adam Berns (“ Adam Berns Depo.”), 26:1-10; Deposition of Ken Erickson ...