Excerpt: ...1999) 21 Cal.4th 973, 975.) The court may grant a motion for withdrawing or amending deemed responses if (1) the admission was the result of mistake, inadvertence, or excusable neglect, and (2) the party that made the requests for admission will not be substantially prejudiced if the motion is granted. (CCP § 2033.300(b).) The law strongly favors a disposition on the merits and disfavors undeserved windfalls obtained through requests for admissi...

Excerpt: ...Vehicle”), which was manufactured and/or distributed by FMC. (TAC, ¶ 6.) In connection with the purchase, Plainti
¯s 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. (TAC, ¶ 8.) During the warranty period, the Vehicle contained or developed defects, including but not limited to, defects related to the ...

Excerpt: ...ussed below, the motion is GRANTED. I. BACKGROUND A. Related Case In August 2017, another Samaritan employee, Jennifer Richert, Þled 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 Plainti
¯s here. She alleges that, during pay periods when she received overtime wages, her wage statements failed to id...

Excerpt: ...ic teacher, Israel Santiago (“Santiago”). (Id.) Before Santiago assumed his teaching position at Adelante, he was employed at a di
¯erent school within the district but left that school amid allegations of sexual misconduct with students, but was nonetheless transferred into and became fully employed as a band and music teacher at Adelante. (See complaint, ¶ 5, 9.) Defendants knew or had reason to know of Santiago's unlawful sexual conduct ...

Excerpt: ... Aaron Michael Cox was a Harker employee, as a dorm parent and/or sta
¯ member, and he sexually assaulted and abused Plainti
¯ on at least 10 occasions over a year when Plainti
¯ was 10 years old. (Id.) Plainti
¯ initiated this action on December 2, 2022, and on July 20, 2023, he Þled his TAC asserting: (1) negligence; (2) negligent supervision; (3) negligent hiring and/or retention; (4) negligent failure to warn, train, or educate; (5) inte...

Excerpt: ...ollectively, “Sheet Metal Plainti
¯s”), Rick Werner, and Sean O'Donoghue (collectively, “Trustee Plainti
¯s”),1 bring this action pursuant to Labor Code sections 218.7, subdivision (b)(2) and 218.8, subdivision (b)(2) against defendants KB Home, KB Home South Bay Inc., and Lefco, Inc. (collectively, “Defendants.”) I. Background A. Factual Sheet Metal Plainti
¯s are employee beneÞt plans and multi-employer plans as deÞned in the E...

Excerpt: ... 161 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 07 February 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Orders On: Order On (1) Defendant Cole Weston Dill-De Sa's Demurrer To Plainti
¯'s F i r s t Amended Complaint; (2) Defendant Theta Delta Chi Founders' Corporation's Motion For...

Excerpt: ...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 07 February 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Order On Giuliani Construction And Restoration's Motion For Summary Adjudication. I. Statement of Facts. Complaint Plainti
¯ Giuliani Construction and Restoration, Inc. (“GCR”) is a license...

Excerpt: ...Complaint (“FAC”), ¶ 4.) On or about May 19, 2022, Plainti
¯ disclosed to Defendant that she had sleep apnea, a disabling medical condition, and required accommodations. (FAC, ¶ 5.) Instead of accommodating Plainti
¯, Defendant terminated her employment. (Id. at ¶ 6.) Plainti
¯ duly and satisfactorily performed her duties of employment and was willing and able to perform her duties if reasonable accommodations had been made. (FAC, ¶¶ ...

Excerpt: ...(Chun Decl. Exhibit “7”.) Defendant served its response to Plainti
¯ in compliance with the Order on November 22. (Chun Decl. Exhibit “8”.) Defendant changed representation during the litigation, and its initial answer was improperly submitted in pro per, which it is seeking to amend. (Def. Sep. Statement ¶ 5.) II. Legal Standard The court may impose sanctions against anyone engaging in conduct that is a misuse of discovery under Code o...

Excerpt: ...bpoena to Mr. Abye to produce records of Bend Capital, LLC (“Bend”). Bend has two, 50% managing members: Mr. Chung and Ms. Chung. Mr. Chung asserts that Ms. Chung did not have the right to unilaterally cause Bend to engage a law Þrm without his consent. Mr. Abye has since been disqualiÞed from representing Bend but, according to Mr. Chung, he continues to withhold Bend's records related to Mr. Abye's representation and positions asserted on...

Excerpt: ...nd fraud by concealment. Plainti
¯ now seeks an order compelling Ford to produce documents relating to (1) the subject Vehicle (RFP Nos. 1, 3, 12, 15); (2) Internal Knowledge and Investigation Discovery (RFP Nos. 17, 19, 31, 36, and 39); (3) Summary documents and Deposition Testimony Regarding these Documents (RFP Nos. 43, 45, and 46); (4) Policies and Procedure Discovery (RFP Nos. 56, 57, 58, 68, 69, and 73); and (5) Communications with Governm...

Excerpt: ...rom approximately June 15, 2006 to November 5, 2019, as an hourly-paid crew member/cook at Defendants restaurant in San Jose, California. (First Amended Complaint (“FAC”), ¶ 7.) Cuevas alleges that Defendant failed to pay minimum and overtime wages, failed to provide and record meal periods, failed to provide rest periods, failed to provide accurate itemized wage statements, failed to provide or produce employment records, failed to maintai...

Excerpt: ...anyon, et al. (Case No. CGC-22-599566, San Francisco County Superior Court) (“Brooks”); (3) Adam Machado v. Recology Inc., et al. (Case No. 22CIV-03760, San Mateo County Superior Court) (“Machado Class Action”); (4) Adam Machado v. Recology Inc., et al. (Case No. 22-CIV-04928, San Mateo County Superior Court) (“Machado PAGA Action”); and (5) Roderick Gibbs v. South Bay Recycling LLC, et al. (Case No. 23-CIV-00809, San Mateo County Sup...

Excerpt: ...; and (2) David Hernandez v. Burdick Painting (Santa Clara County Superior Court, Case No. 20CV366446) (“Second Action”). Both cases are putative class actions arising out of alleged wage and hour violations. The Class Action Complaint Þled in the First Action on February 21, 2020, sets forth the following causes of action: (1) Failure to Pay All Wages; (2) Failure to Pay Reporting Time Pay in Violation of California Labor Code §§ 218, 119...

Excerpt: ...vil Penalties for Violations of California Labor Code, Pursuant to PAGA, §§ 2698, et seq. (“PAGA”). The parties have reached a settlement of the PAGA claim. Plainti
¯ now moves for approval of the PAGA settlement. The motion is unopposed. II. 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 penalties for Labor Code violations. (Iskanian ...

Excerpt: ...m Glenfora, Royal Farms was to cultivate the hemp, Glenfora was to sell the hemp, and the parties were to share in the proÞts. Royal Farms alleges it had to destroy a substantial portion of the crop because it was unhealthy and that some portion of the seeds produced hemp not authorized for sale under California law. Royal Farms brings claims against Glenßora and Glenßora members Kevin Moore and Kenneth Tersini. Kevin Moore demurrers to the fr...

Excerpt: ...SAC, in August 2004 Turner purchased property located at 315 Grandpark Circle in San Jose (the “Property”), which was secured by a Deed o f Trust (“DOT” ) originally h eld by World Savings Ban k. ( SAC, ¶ 10 .) Shellpoint and Trinity Financial Services, LLC1 later acquired the DOT. (Ibid.) Since 2013, Turner has repeatedly attempted to modify her loan without success. (SAC, ¶ 11.) Turner alleges that “Defendants” recorded a Notice o...

Excerpt: ...Pico provided design services to V-Silicon in exchange for $900,000 in service fees. (Complaint, ¶ 11.) Pico fully performed its obligations under the Agreement, but V-Silicon only paid $500,000 in service fees. (Id., ¶ 12.) Pico issued two invoices on October 19, 2019 and January 2, 2020, each for $200,000. (Ibid.) V-Silicon's CFO, Linda Nie, acknowledged receipt of the October 29, 2019 invoice and planned to make payment in December 2019. (Ib...

Excerpt: ...endants in this action, was one of the three owners of the commercial building located at 201225 Hamilton Avenue, Palo Alto, CA (the “Property”). On February 28, 2014, Carol Mullen, along with the other two landlords, Don B. Mullen and Scher Holdings, LLC, leased the Property's Þrst ßoor and basement (the “Premises”) to IFTF. (IFTF's Responses and Objections to Defendant's Separate Statement of Undisputed Facts (“IFTF SS” No. 3.) Th...

Excerpt: ...endants in this action, was one of the three owners of the commercial building located at 201225 Hamilton Avenue, Palo Alto, CA (the “Property”). On February 28, 2014, Carol Mullen, along with the other two landlords, Don B. Mullen and Scher Holdings, LLC, leased the Property's Þrst ßoor and basement (the “Premises”) to IFTF. (IFTF's Responses and Objections to Defendant's Separate Statement of Undisputed Facts (“IFTF SS” No. 3.) Th...

Excerpt: ...s-Complainant Ninos Ternian To Deem Cases to Be Related. I. Statement of Facts. These two brothers have been involved in similar litigation in four di
¯erent lawsuits. The third lawsuit is currently pending in Department 20 and bears Case Number 22CV398223, entitled Freidrik Ternian vs Ninos Ternian; Arseen Autobody, Inc. Freidrik (a.k.a. Fred) Ternian and his younger brother Ninos Ternian (Ninos”2) assert interests in Arseen Auto Body, Inc., ...

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 05 February 2024. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo--- Order on Motion Of Plainti
¯ Scott Johnson To Strike The Answer Of Defendant Taqueria El Ranchito, Inc. I. Statement of Facts. Plainti
¯ Þled this complaint on 04 August 2022.1 The causes of action in the complai...

Excerpt: ... 2019, he was diagnosed with bipolar disorder and post-traumatic stress disorder for which he had been hospitalized several times. (Ibid.) In 2019, Plainti
¯ was a graduate student at Stanford University in the neuroscience Þeld. (TAC, ¶ 14.) On March 9, 2019, he believed he was su
¯ering a bipolar episode and presented to Stanford Hospital for voluntary admission. (TAC, ¶¶ 15-16.) During his stay, he was prescribed medications that were no...

Excerpt: ... opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 05 February 2024. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo--- Order on Application of Third Parties David Joshua Searle White as Trustee etc. and Karen Linnea Searle as Trustee etc. for an Order to Show Cause In Re Contempt for Violations of Judgment. (Code of Civil Procedure, § 121...

Excerpt: ...ing the relevant time period. Peters is alleged to have been BAPD's vice president during the relevant time period. The original and still-operative complaint, Þled on July 15, 2019, states six causes of action: (1) Fraud (concealment); (2) Fraud (intentional misrepresentation); (3) Fraud (false promise); (4) Breach of Contract (breach of the assignment agreement); (5) Breach of the Covenant of Good Faith and Fair Dealing (alleging that BAPD “...

Excerpt: ...s sixteen years old. (See Complaint at ¶¶ 4 and 7.) This occurred during the 1982-1983 school year. (See id. at ¶ 16.) The complaint alleged that the action was “brought pursuant to C.C.P § 340.1(q) as amended by Assembly Bill 218, e
¯ective January 1, 2020, reviving the statute of limitations within a three-year window for civil claims of childhood sexual assault.” (Complaint at ¶ 2.) The Complaint also alleged that P.L.s lawsuit was ...

Excerpt: ...tion in Santa Clara Superior Court entitled Katalyst Development, LLC v. Michel, et al. (“Underlying Action”). The subject matter of the lawsuit was real property located in Santa Clara County which was the subject of a purchase contract entered into by Forma, who assigned its rights to Katalyst. (Aalaei Decl., ¶¶ 3, 4 and Exhibit “1” attached thereto.) When the fee agreement was entered into, Plainti
¯ had a San Francisco address, but...

Excerpt: ...ve complaint “or statutory violations,” Þled on May 30, 2023, states Þve causes o action: (1) Violation o Civil Code section 1793.2(d); (2) Violation o Civil Code section 1793.2(b); (3) Violation o Civil Code section 1793.2(a)(3); (4) Breach o the Implied Warranty o Merchantability; and (5) Fraud (i.e., alleging that Kia committed raud by allowing the subject vehicle to be sold “without disclosing that the Subject Vehicle and its ...

Excerpt: ...2015 pursuant to the “Prime Contract”, BBII became the general contractor on a construction project to retroÞt, upgrade, and replace major equipment at the existing Rinconada Water Treatment Plant (the “Project”) for the Santa Clara Valley Water District (“Owner”). (BBII's Separate Statement of Undisputed Material Facts (“BBIISS” No. 1; Declaration of Erin Lackey, (“Lackey Decl.”) ¶ 4.) In September 2015, BBII entered into a...

Excerpt: ... and developed other serious defects and nonconformities to warranty including, but not limited to, exterior and body component defects, infotainment system defects, electrical defects, and other serous nonconformities to warranty.” (Complaint, ¶ 18.) At the time of purchase, Plainti
¯s entered a Retail Installment Sale Contract (“RISC”). (Declaration of Raymond Kim, ¶ 3, Ex. 1.) The RISC contains the following arbitration provision: ARB...

Excerpt: ...arranty from America Honda Motor Co., Inc. (“Honda”). Plainti
¯ alleges the Vehicle was sold with “serious defects and nonconformities to warranty and developed other serious defects and nonconformities to warranty including, but not limited to, electrical system defects.” Plainti
¯ Þled this action against Honda on June 22, 2023, asserting three causes of action under the Song-Beverly Act. Plainti
¯ now brings this motion to compel H...

Excerpt: ...ussed below, the motion is GRANTED. I. BACKGROUND A. Related Case In August 2017, another Samaritan employee, Jennifer Richert, Þled 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 Plainti
¯s here. She alleges that, during pay periods when she received overtime wages, her wage statements failed to id...

Excerpt: ...his investment in a blockchain project known as the Internet Computer Protocol (“ICP”), which is operated by defendant DÞnity USA Research LLC (“DÞnity USA”). On May 8, 2023, Plainti
¯ Þled a Complaint against Williams and DÞnity USA (collectively, “Defendants”), setting forth causes of action for: (1) Tortious Interference with Contract; (2) Tortious Interference with Prospective Economic Advantage; (3) Breach of Fiduciary Duty;...

Excerpt: ...Labor Code section 226. The Representative Action Complaint, Þled by plainti
¯ Anne Elizabeth Dauphinais (“Plainti
¯”) on August 4, 2023, sets forth a single cause of action for violation of Labor Code section 2698, et seq. (“PAGA). Now before the court is Defendant's motion to compel Plainti
¯ to arbitrate her individual PAGA claim and stay her representative PAGA claim. Plainti
¯ Þled an opposition to the motion. II. REQUEST FOR JUD...

Excerpt: ...de section 226. The Class Action Complaint, Þled by plainti
¯ Anne Elizabeth Dauphinais (“Plainti
¯”) on June 23, 2023, sets forth a single cause of action for violation of Labor Code section 226. Now before the court is Defendant's motion to compel Plainti
¯ to arbitrate her individual claim and dismiss her class claims. Plainti
¯ Þled an opposition to the motion. II. REQUEST FOR JUDICIAL NOTICE In connection with its moving papers, De...

Excerpt: ...unoz Nava (“Plainti
¯”) Þled the operative First Amended Class Action Complaint (“FAC”) against Defendant, which sets forth the following causes of action: (1) Failure to Provide Required Meal Periods; (2) Failure to Provide Required Rest Breaks; (3) Failure to Pay Overtime Wages; (4) Failure to Pay Minimum Wages; (5) Failure to Pay Timely Wages; (6) Failure to Pay All Wages Due to Discharged and Quitting Employees; (7) Failure to Furni...

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 29 January 2024. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo--- Order on Motion of Plainti
¯ C2K Architecture, Inc. for Summary Judgment Or Adjudication. I. Statement of Facts. Plainti
¯ C2K Architecture, Inc. (“C2K”) is an architectural, planning, and design...

Excerpt: ...a foreclosure on February 3, 2021. (FAC, ¶¶ 27-28.) Clear Recon is a corporation that served as the trustee in the foreclosure sale. (FAC, ¶¶ 20, 28.) Aldridge Pite, LLP, is a law Þrm that represented Clear Recon in its handling of the foreclosure sale. (FAC, ¶¶ 21, 29.) Plainti
¯s home was purchased at a trustee sale conducted by Clear Recon. (FAC, ¶ 28.) The trustees deed upon sale shows that, after the payment of the unpaid debt, th...

Excerpt: ...) According to the TAC, Plainti
¯'s p e t i t i o n f o r d i v o r c e w a s Þled on January 7, 2014, and she and her former spouse needed to sell the Property as part of their marital dissolution. (TAC, ¶¶ 16, 18.) Plainti
¯ was distraught at the prospect of losing the home she had lived in for 16 years. (TAC, ¶ 19.) In December 2016, a mutual friend introduced Plainti
¯ and Mr. Xie, who had Þled for dissolution of his own marriage. (TA...

Excerpt: ...
¯icient for the court to make a speciÞc award. The court therefore CONTINUES the hearing on this motion to April 30, 2024 at 9:00 a.m. Guerrero shall Þle additional billing records (attached to one or more declarations) to support the motion by no later than March 26, 2024; Arch Vet may Þle a supplemental opposition by April 15, 2024; and Guerrero may Þle a supplemental reply brief by April 22, 2024. First, the court is well aware that deta...

Excerpt: ...ountain View LLC (“Palmetto”), Oto Development, LLC (“Oto”), Lusardi Construction Company (“Lusardi”), Simmons Glass and Window, Inc. (“Simmons”) and Hyatt Corporation (“Hyatt”). (Id. at ¶¶ 1, 11-14.) Plainti
¯ alleges that on August 7, 2020, while using the shower in her hotel room, the shower door exploded onto her, causing severe bodily injuries and other damages. (4AC, ¶ 1.) According to Plainti
¯, the named defendant...

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 29 January 2024. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo--- Order On Cross-Defendant Ameri-Kleen's Motion For Summary Judgment, Or Alternatively, Summary Adjudication. I. Statement of Facts. A. Plainti
¯'s First Amended Complaint. Defendants George Chiala Farms...

Excerpt: ...Services (“786”), and Irfan Pathan (“Pathan”) (collectively, “Cross- Defendants”) on December 22, 2022. On July 11, 2023, the court sustained in part and overruled in part Kurnss demurrer to the cross-complaint, with leave to amend. Mahameed and Omari then Þled a Þrst amended cross-complaint (“FACC”) on July 20, 2023. In the FACC, Mahameed and Omari allege ownership of the property at 2110 Maykirk Rd., San Jose, CA (the “Subj...

Excerpt: ...positions will be taken in person. In addition, the court GRANTS IN PART defendants request for monetary sanctions, in the amount of $5,734.20; the court DENIES GDKs request for sanctions. The court has reviewed the meet-and-confer correspondence submitted by the parties. It appears that the parties spent a signiÞcant amount of time negotiating and then agreeing to a schedule by which all of the party depositions would take place in March and ...

Excerpt: ...ent of the judgment or order, but the trial court may proceed upon any other matter embraced in the action and not a
¯ected by the judgment or order.” The question is therefore whether the order denying the Tenney defendants' motion to compel arbitration embraces or a
¯ects the instant motion for good faith settlement between Plainti
¯s and the Avalon defendants. Defendant Riddle claims that the Tenney Defendants' appeal of the order denying...

Excerpt: ...awyer is likely to be a witness unless: (1) the lawyer's testimony relates to an uncontested issue or matter; (2) the lawyer's testimony relates to the nature and value of legal services rendered in the case; or (3) the lawyer has obtained informed written consent* from the client. . . (b) A lawyer may act as advocate in a trial in which another lawyer in the lawyer's Þrm* is likely to be called as a witness unless precluded from doing so by rul...

Excerpt: ... into a fee agreement that included an arbitration provision. (See Petition, ¶ 5, exh. A.) During RHRC's representation of Shah, a dispute arose between RHRC and Shah regarding Shah's failure to pay fees owed under the fee agreement, and as a result, RHRC withdrew as Shah's counsel on June 17, 2020. (See Petition, ¶ 6.) On August 4, 2020, RHRC served Shah with a notice of client's right to arbitration. (See Petition, ¶ 7.) On February 18, 2022...

Excerpt: ...�consolidate” the cases or the limited purpose o hearing these motions. Deendants Þled a single opposition brie on January 17, 2024, and Valley Water Þled a single reply brie on January 23, 2024. The court GRANTS Valley Water's motions to enorce the settlement agreements. There is no dispute that the parties entered into settlement agreements in 2022. There is no dispute that the parties agreed that the court would retain jurisdiction o...

Excerpt: ...s action arises out of the death of Michael Sirota and is brought by Shinkarsky, Sirota's wife, on behalf of herself and her two minor children. (Complaint, p. 6.) On March 10, 2022, Sirota was driving in Sunnyvale when he began to experience chest pains. (Ibid.) He called 911 but the call was disconnected. (Ibid.) His second call was patched through to Sunnyvale Department of Public Safety (“DPS”) and it lasted about eight minutes during whi...

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 29 January 2024. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo--- Order on Motion Of Plainti
¯ To Compel Defendants To Produce Responsive Documents and for Monetary Sanctions. I. Statement of Facts. Plainti
¯ Þled this complaint on 02 November 2022.1 Plainti
¯ alleges ...

Excerpt: ...Dornon Kuehn, The Carpet Butler, John Lee, James Young, and William C. Dresser. Hartman's verified complaint alleges the following causes of action: 1. Conspiracy to Harm Plaintiff and His Real and Personal Property and Injunctive Relief — Against All Defendants 2. Unfair Business Practices — Against Koshy P. George and KPGCPA Financial Services Inc. 3. Abate Public Nuisance and Private Nuisance and Criminal Nuisance (Penal Code 370 — illeg...

Excerpt: ...AC, 7.) GSC leased the Premises as the result of the assignment of a Food and Beverage Concession Agreement to GSC between City and Areas USA SJC, LLC ("Areas"). (Ibid.) With City's consent, Areas assigned its interest in the contract to GSC. (Ibid.) Pursuant to the assignment, GSC acquired Areas' rights as Concessionaire under a Concession Subcontract between Areas and MSJA. (FAC, 8.) Under this subcontract, MSJA subleased the Premises as the su...

Excerpt: ...intiff SB entered into a written agreement ("The Contract") with Northstar Truck Lines, Inc. ("Northstar")l pursuant to which the former agreed to provide "truck hauling" services to the latter. (SAC, 8-9, 23; Ex. 1.) In June 2018, while providing services to Northstar at a site in Mountain View, California, SB's truck damaged a building. (SAC, 10-11.) On September 21, 2018, Plaintiffs obtained a bid from a company named Chana Constructon to repa...

Excerpt: ...d Jocelyn Guerrero (collectively, "Plaintiffs") against defendants Equity Residential Management, LLC and Transunion Rental Screening Solutions, Inc. (collectively, "Defendants"). The original and still-operative complaint filed on March 22, 2023 alleges three causes of action: (1) Violations of the ICRAA (Civ. Code, S 1786); (2) Invasion of Privacy; and (3) Declaratory Relief. According to the complaint, Plaintiffs were all prospective tenants o...

Excerpt: ...their motion for sanctions: CCP section CCP section 128.5 and california Rule of court (CRC) 2.30(b). CCP section 128 CCP section 128 states that "(a) Every court shall have the power to do all of the following: (5) To control in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every matter pertaining thereto." (ld.) While CCP secton 128 does...

Excerpt: ...hecking the box for a "Limited" civil case, and indicating that the amount demanded was "$10,000 or less." Marowitz represents himself in this action. Marowitz propounded 153 discovery requests on Lisi (115 form interrogatories, 13 special interrogatories, 14 requests for admissions, and 11 requests for production of documents), even though each side is entitled to propound a maximum of 35 discovery requests on an opposing party in a limited civi...

Excerpt: ...ompel Defendant to further respond to Sl set two, served by Plaintiff pursuant to Code of Civil Procedure ("CCP") section 2030.300. (Motion at 2.) Particularly, Plaintiff seeks further response to Sl nos. 103, 104, and 105. (Mohon at 2-3.) Sl no. 103 asks Defendant to "identify all internal memorandums sent or received by Defendant from January 1, 2008 to December 31, 2011 relating to nerve damage associated with the Miradry System". (Sl at '1 9....

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 24 January 2024. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order On Valley Fabrication, Inc.'s Motion To Strike Portions Of Plaintiff's [First Amended] Complaint. l. Statement of Facts. Carlos Jimenez Cruz ("Decedent") sustained fatal injuries as a direct result o...

Excerpt: ...tornevs investigation and prosecution of police misconduct. On December 10, 2021, the City filed a Verified Complaint for Declaratory Relief ("Complaint") seeking a judicial determination as to the scope of the District Attorney's access to police officer records under Penal Code section 832.7, subdivision (a). (Complaint, "1 8, 41, & 44.) Specifically, the City asked for determinations as to whether it may disclose police officer personnel recor...

Excerpt: ...ets forth causes of action for: (1) Failure to Pay All Wages; (2) Failure to Provide Meal Periods or Compensation in Lieu Thereof; (3) Failure to Permit Rest Periods or Provide Compensation in Lieu Thereof; (4) Knowing and Intentional Failure to Provide Accurate Itemized Wage Statements; (5) Waiting Time Penalties; (6) Failure to Reimburse Business Expenses; (7) Violations of Unfair Competition Law; and (8) Violation of the Private Attorneys Gene...

Excerpt: ... The operative Second Amended Complaint ("SAC"), filed on January 27, 2022, sets forth the following causes of action: (1) Failure to Pay Minimum Wages; (2) Failure to 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; (7) Violation of Business and Professions Code SS 17200, et seq.; an...

Excerpt: ...f 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 SS 17200, et seq. ("UCL"); (6) Failure to Reimburse Business Expenses; and (7) Enforcement of Labor Code S 2698 et seq. ("PAGA"). The parties reached a settlement. Plaintiff Tracee Sheppard ("Plainti...

Excerpt: ... process of building a modern, multifamily residential apartment complex and mixed-use project comprised of two 28-story towers and a below grade parking garage (the "Project"). (FAC, '1 2.) As a result of groundwater intrusion and flood events, SJSC was forced to halt and/or delay construction of the SJSC Towers Project and incur substantial groundwater flood related mitigation, remediation, and restoration/repair costs. (ld. at 3, 5, 42, & 51-5...

Excerpt: ...ed recorded on August 23, 2017, Madeleine Tashjian and Dutchints Development, LLC ("Dutchints") acquired title and interest to the Property. (Declaration of Brent Roles ["Roles Decl."l, 2, Ex. 1; UMF No. 1.) In December 2017, Madeleine and Dutchints entered a loan agreement with a group of private lenders that was secured by a deed of trust recorded against the Property ("First DOT"). (Roles Decl. '1 3, Ex. 2; UMF No. 2.) In December 2017, Madele...

Excerpt: ...ative first amended complaint ("FAC") on May 5, 2023. The FAC states causes of achon for: (1) Sexual Assault of a Minor (alleged against Doe 2 only, who is referred to as the "Perpetrator"); and (2) Negligence of District and Employees (alleged against Doe 1 only). Plaintiffs allege that the sexual abuse and assaults took place during the 1973-1974 school year and that some of the alleged sexual abuse of Rodvold and all of the alleged abuse of Me...

Excerpt: ..."SCSC") located in Santa Clara County, upon recruitment by her swim coach, Mitch Ivey ("Ivey") in 1976. (ld., 4, 16-17.) Plaintiff was 16 years old when she first joined SCSC. (ld., 11.) While Ivey coached at SCSC, he "quickly gained a reputation for making inappropriate advances towards his young, female swimmers." (ld., 11.) Plaintiff further alleges that beginning in 1976 both SCSC and the City knew or had reason to know "that Ivey was engagin...

Excerpt: ...ed by GM. (FAC, 6.) In connection with the purchase, Plaintiff entered a warranty contract with GM. (FAC, '1 7.) During the express warranty period, defects, and nonconformities, such as transmission, suspension, electrical defects, manifested. (FAC, '1 11.) Plaintiff specifically alleges defects with the 8-speed transmission ("Transmission Defect"). (FAC, '160.) Plaintiff alleges GM and its representatives were unable to service or repair the Ve...

Excerpt: ...th describes his proposed amendments as follows: (1) addition of Doe Defendant 1 Gilberto Garcia, who is being added since defendant ("Maria Garcia") signed an Interspousal Grant Deed transferring her entire interest in her property to this individual ("Gilberto Garcia"), (2) An addition of a cause of action, expanding to clarify existing cause of actions, based on facts that have already been pleaded (3) Additions to Plaintiffs prayer based on t...

Excerpt: ...saw GM's window sticker that contained important information about the subject vehicle and spoke with the salespeople at Courtesy Chevrolet who told her about the vehicle's key features, components and reliability but failed to inform Plaintiff about the Cooling System Defect. (See FAC, 8.) However, GM knew since 2010 that the 2011 and newer Chevrolet Cruze vehicles contained design and/or manufacturing defects in their engine cooling system that...

Excerpt: ... plush 10% interest. Gorilla Circuits disputes that it ever agreed to pay a higher price for stencils and therefore that the money is owed. In the present motion, Gorilla Circuits seeks to compel Stencil Master's further responses to Request for Production Nos. 1-9. II. Legal Standard Discovery is generally permitted "regarding any matter, not privileged, that is relevant to the subject matter inwlved in the pending action or to the determination...

Excerpt: ...ant executed an agreement for purchase of real property located in Washington D.C. (the "Property"). (Complaint, '1 11.) Defendant sought to finance the purchase with a conventional residential loan and 403 agreed to apply and obtain a residential occupancy' permit for the ground unit. (Complaint, '1 13.) At the time of the agreement, the parties contemplated obtaining a residential permit and agreed on a settlement date 30 days from the executio...

Excerpt: ...McManis with other counsel. The original and still-operative complaint, filed on May 4, 2023, states three causes of action: (1) Conversion; (2) Fraud; and (3) Breach of Fiduciary Duty. Cooper filed an answer to the complaint on June 20, 2023. Now before the court is Cooper's motion to strike the complaint, filed on August 16, 2023, nearly two months after his answer. Plaintiff opposes the motion. 4 II. MOTION TO STRIKE THE COMPLAINT A. General L...

Excerpt: ... Plaintiff is a general electrician of Afghan origin and the Muslim faith. Plaintiff was hired in February of 2021 and was fired three months later in April of 2021, at the age of 44. Plaintiff was again dispatched by his union to work for Redwood Electric in October of 2021, but he was not hired. During his employment, Plaintiff's foreman, Mr. Little, inappropriately commented on Plaintiff's origin and/or religion on one occasion. Plaintiff repo...

Excerpt: ...61 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 22 January 2024. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Orders on Defendants' Discovery Motions to Compel Plaintiff to Provide Responses; Case Management Conference. This achon involves a written lease agreement between plaintiff (who appa...

Excerpt: ...s claim to VTA nearly a year later, on September 6, 2023, which claim VTA rejected as untimely. Petitioner then filed this action on October 13, 2023. Because Petitioner failed to present his claim to VTA within the required six months from the date of injury, Petitioner now seeks relief from that requirement so that his case may proceed on the merits. II. Legal Standard and Analysis Before a suit for damages may be maintained against a public en...

Excerpt: ...hot sudden bursts of fire onto White. (Complaint, "1 25-25.) He suffered severe burns and other injuries to his chest, torso, groin area, upper thighs, left arm, left hand, ears, and face in addition to emotional and psychological injuries and other injuries which are still being treated or diagnosed. (Complaint, 27.) White alleges his employer, San Jose Water Company ("SJWC") purchased the Saw in new condition from Gardenland Power Equipment. (C...

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 17 January 2024. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Demurrer of Defendant Berryessa Union School District to Plaintiff's Complaint. l. Statement of Facts. Plaintiff John Doe ("Plaintiff") is an adult who was the victim of childhood sexual assault. (Complaint, "1...

Excerpt: ...nd his law firm, the Hann Law Firm (collectively, "Hann"). The original complaint did not allege when Hann's representation ended. The operative first amended complaint ("FAC"), filed on August 3, 2022 after Minkowski obtained legal representation, similarly states claims for: (1) Breach of Contract (now styled an Attorney-Client Fee Agreement); (2) Legal Malpractice; and (3) Breach of Fiduciary Duty against both defendants. The FAC alleges (at 5...

Excerpt: ...airnryan") and is a Hong Kong SAR Limited Company. (See FAXC, '1 1.) Both David and Elizabeth (collectively, "the Chungs") have lived at 27925 Roble Blanco in Los Altos ("subject property") since June 2016; prior to June 20, 2016, the Chungs resided at a family home located at 13920 Mirou Drive in Los Altos Hills. (See FAXC, "1 3, 5, 10.) In May 2015, the Chungs became aware that the sale of their Mirou Drive home would take longer than anticipat...

Excerpt: ...idential Management, LLC and Transunion Rental Screening Solutions, Inc. (collectively, "Defendants"). The original and still- operative complaint filed on March 30, 2023 states three causes of action: (1) Violation of the ICRAA (Civ. Code, S 1786); (2) Invasion of Privacy; and (3) Declaratory Relief. According to the complaint, Plaintiffs were all prospective tenants of the Lex Apartments, an apartment complex managed and operated by Equity Resi...

Excerpt: ... party opposing the tentatve ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 17 January 2024. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order On Defendant County Of Santa Clara's Demurrer To Plaintiff's First Amended Complaint. l. Statement of Facts. Defendant County of Santa Clara ("County") was authorized by the State of California to place and care fo...

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 17 January 2024. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Orders on: (1) Defendants' Demurrer To Portions Of Plaintiff's First Amended Complaint; and (2) Defendants' Motion To Strike Portions Of Plaintiff's First Amended Complaint. l. Statement of Facts. On or about 22 Novem...

Excerpt: ...A-Car Co. (2000) 79 Cal.App.4th 1127, 1133 which holds that "[w]hen a cause of action for which attorney fees are prov-ded by statute is joined with other causes of action for which attorney fees are not permitted, the prevailing party may recover only on the statutory cause of action." Plaintiff does not dispute the holding of Akins, but counters that "'[s]uch fees need not be apportioned when incurred for representation on an issue common to bo...

Excerpt: ...me from a home located at 1165 E. Florinda Street, Hanford, California, that he co-owned with Travestean. Travestean has since passed away, and Darrell now seeks leave to amend his complaint to remove her as a defendant, add Chantal as a defendant in her capacity as trustee of the Travestean Wynn Williams Revocable Living Trust, add Michael Patterson (Chantal's husband) as a defendant, and add four more causes of action for elder abuse, fraud, un...

Excerpt: ...statements, among other Labor Code violations. Before the Court is Plaintiffs' motion for preliminary approval of a settlement, which is unopposed. As discussed below, the Court GRANTS the moton. l. BACKGROUND A. Factual According to the allegations of the operative Second Amended Class and Representative Class Acton Complaint ("SAC"), Escuela Popular is a charter school that operates four different educational academies: (1) Childcare Academy; (...

Excerpt: ...ommitted against herself and other aggrieved "non-white employees." Before the Court is Plaintiff's motion for leave to file the Third Amended Complaint ("TAC"), which is opposed by Google. As discussed below, the Court GRANTS Plaintiff's motion. IX.BACKGROUND A. Factual Google is a technology company specializing in internet- related services and products with offices in Mountain View and Sunnyvale. (Second Amended Complaint ("SAC"), 7.) Ms. Che...

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 17 January 2024. Please specify the issue to be contested when calling the court and counsel. ORDER ON DEFENDANTS [DIANE STEMBER RICHARDS AND LANCE BROWN'S] MOTION FOR SUMMARY JUDGMENT OR, ALTERNATIVELY, MOTION FOR SUMMARY ADJUDICATION l. Statement of Facts. On 1 July 2017, on W. Alma at or near its intersecton with W. Vine...

Excerpt: ... Kazemipour lied amount investment opportunities, which caused Plaintiff to invest money with him that Kazemipour spent on unauthorized personal expenses and travel. (Complaint, '1 15.) With the assistance of defendant Troy Foster, Kazemipour defrauded Plaintiff out of approximately $750,638. (Ibid.) After he commenced legal action against Kazemipour, Plaintiff discovered Kazemipour transferred Plaintiff's stolen assets to others, including but n...

Excerpt: ... requests actually made, as opposed to the requests now made of them. Request No. 7 Plaintiff requested "any and all camera footage of the subject incident." Defendants have provided a cell phone recording of the original version, according to Plaintiff Defendants state this complies with the request because the request does not define "camera footage" and the definition of digital copies allows for digital copies to be the original or "best copy...

Excerpt: ...20, 2023 and then continued to September 19, 2023, in light of the then-pending motion by Cisco to declare Ali a vexatious litigant. On September 19, 2023, the court (Judge Kulkarni) continued the motion again, following the court's ruling granting the vexatious litigant motion and ordering the posting of a $250,000 bond, "and because there is no proof that Plaintiff has paid the necessary security." Third, at the case management conference on Se...

Excerpt: ...RANTED IN PART. Section 9 of the Agreement provides: The Parties agree that in the event they believe any other Party has breached any term of this Agreement, the non-breaching Party will meet and confer in good faith with the allegedly breaching Party to resolve the dispute. For purposes of this Agreement, "meet and confer in good faith" means either an in-person conversation or telephone conversaton in which the Parties respectfully identify th...

Excerpt: ...e business clients and earnings; and (3) breach of contract. On January 17, 2023 this court (Judge Kirwan) overruled Defendants' demurrer to the first cause of action, sustained without leave to amend the second cause of action, and sustained with leave to amend the third cause of action for breach of contract. Hansen filed a first amended complaint ("FAC") on January 17, 2023, alleging a single claim for breach of contract. On June 6, 2023, the ...

Excerpt: ...the time, about Vince's death. The message indicated that doctors had to stop Vince's pacemaker due to increased and rapid heartbeats caused by severe allergic reaction to peanut oil. Defendant then expresses his belief that Vince's wife (Plaintiff) gave him peanut oil to kill him for money and he would try to prove it. Defendant writes that Plaintiff got the idea from a similar allergic episode in the past that put Vince in the hospital. As a re...

Excerpt: ...UPTAAA"); and iTalk Global Communications, Inc.'s ("iTalk") special motion to strike Plaintiff 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. 5425.16(c) (emphasis added).) Given the mandatory nature of these fees and costs, the only issue before the Court is...

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 17 January 2024. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Petiton of Defendant Normandin's etc. to Compel Arbitration. l. Statement of Facts. Plaintiff filed this complaint on 12 July 2023. 39 Plaintiff alleges that on 31 July 2022, plaintiff purchased a...

Excerpt: ... Rama Krishna Prasad Kethineni, Bamboo Solutions, Inc., HireTechForce, Inc., BoxsterTech, Inc., TechGlobalSystems, Inc., Reves Global Services, Inc. f/k/a iBridge, Inc. (collectively, "Defendants"). On December 3, 20221, Plaintiff filed the operative First Amended Complaint against Defendants, which sets forth the following causes of action: (1) Intentional Misrepresentation/Fraud; (2) Fraudulent Concealment; (3) Civil Conspiracy, (4) Breach of C...

Excerpt: ...ton: (1) Failure to provide rest breaks and meal periods (Lab. Code SS 226.7, 512, and 1198); (2) Failure to pay all wages earned for all hours worked (Lab. Code SS 510, 1194, 1197, and 1198); (3) Failure to provide accurate wage statements (Lab. Code S 226); (4) Waiting time penalties (Lab. Code SS 201-203); (5) Unfair Competition (Bus. & Prof. Code S 17200, et seq.); and (6) Civil penalties/PAGA (Labor Code S 2698, et seq). The parties reached ...

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: ...t Thuy Cung ("Cung"). (Complaint, 4-5, 13.) Cung applied for and received a credit account with Bank of America, N.A. ("BOA"). (ld. at 5, 7.) Cung's contract with BOA was an installment contract. (ld. at '1 10 & Ex. 1.) Due to Cung's nonpayment of the account, BOA charged-off and sold the account to SLS. (ld. at "1 6, 8.) The last activity on the account occurred within the four years prior to the filing of the Complaint. (ld. at '1 9.) Specifica...