Excerpt: ...area of Santa Clara County. While driving, a cow escaped from Defendants' pasture and wandered onto the road and into the path of Plaintiff's travel. The cow caused a violent collision and resulted in injuries and damages to Plaintiff. On October 27, 2023, Plaintiff filed an amend ed Judicial Form Complaint against Defendants, asserting the following three causes of action: 1) General Negligence; 2) Strict Liability; and 3) Negligence Per Se. On...

Excerpt: ..., among oth er Labor Code violations. Before the Court is Plaintiff's motion for approval of PAGA settlement, which is unopposed. As discussed below, the Court GRANTS Plaintiff's motion. I. BACKGROUND According to the allegations of the operative First Amended Compla int (“FAC”), Plaintiff was employed by Defendant as a client care coordinator, a non -exempt, hourly -paid position, from July 2020 to May 16, 2022. (FAC, ¶ 11.) Plaintiff alleg...

Excerpt: ...papers and the com plaint, the court rules as follows: 1. Fraud Causes of Action Although it is not entirely clear, it appears that the core allegations of Castro's complaint are fraud allegations, as set forth in the fifth cause of action (“violation of Civil Code § 1572”), sixth cause of action (“fraud”), and eighth cause of action (“intentional misrepresentation”). Castro contends that he defaulted on a home loan that was procure...

Excerpt: ...ing Systems Inc.2 (“ATS”) (collectively, “Defendants”). According to the first amended complaint (“FAC”), BioDot designs and manufactures precision liquid dispensing and material -handling systems used by corporate customers to manufacture diagnostic tests. (FAC at ¶ 3.) ATS is a multi -national conglomerate that builds automation systems for many industries, including medical devices, pharmaceuticals, telecommunications, semiconduc...

Excerpt: ... below, the Court SU STAINS the demurrer WITH LEAVE TO AMEND and deems the motion to strike MOOT. I. BACKGROUND According to the allegations of the operative FAC, Ms. Lazard worked as a per diem clinical nurse at O'Connor Hospital in San Jose from March 2019 to September 2022. (FAC, ¶ 6.) Plaintiff alleges that County's engages in practices that result in her and class members not being compensated for all work performed, including: paying emplo...

Excerpt: ...um”). (Id.) While leaning a gainst a railing in the south end zone to take a photograph, the railing gave way. (Id.) The railing failed because it was not properly constructed, maintained, inspected, and secured. (Id.) Plaintiff Benson fell several feet with her back striking a concr ete border at field level below. (Id.) Plaintiff Benson required transportation by paramedics to a local trauma center for serious low back injuries that persist ...

Excerpt: ...s, among other Labor Code violations. Before the Court is Plaintiffs' motion for approval of PAGA settlement, which is unopposed. As discussed below, the Court GRANTS Plaintiffs' motion. I. BACKGROUND According to the allegations of the operative First Amended Complain t (“FAC”), Ms. Quijada was employed by Defendant from February 22, 2021 to April 19, 2021 as an Assistant Manager, a non -exempt, hourly position, while Mr. Azar was employed i...

Excerpt: ...o license Old DivX' s codec software. (Complaint, ¶ 1.) In 2013, Plaintiff and Old DivX allegedly amended the contract so Plaintiff could purchase a perpetual license to the Old DivX decoder software. (Id. at ¶ 2.) Plaintiff subsequently paid the perpetual license fee. ( Ibid.) Plaintiff alleges that it continued using, and reporting its use of, the perpetually licensed Old DivX software for the next eight years without any issues or disputes. ...

Excerpt: ...lleges causes of action for: (1) Failure to Reimburse Expenses Pursuant to Labor Code § 2802; (2) Violation of Business & Professions Code § 16600 and Labor Code § 432.5; (3) Violation of Business & Professions Code § 17200; (4) Penalties Pursuant to Labor Code §§ 2699, et seq. (“PAGA”). Now before the court is defendant loanDepot.com, LLC's (“Defendant”) motion to compel arbitration of plaintiff Betty Sha's (“Plaintiff”) indivi...

Excerpt: ..., Case No. 21CV 384527) (“First Action”); (2) Kathleen O'Brien v. Cerida Investment Corp., et al. (Santa Clara County Superior Court, Case No. 21CV384529) (“Second Action”). The Representative Action Complaint filed in the First Action on July 20, 2021, sets forth a sing le cause of action for Violation of the Private Attorneys General Act (Labor Code §§ 2698 et seq.). The Class Action Complaint filed in the Second Action on July 20, ...

Excerpt: ... and related st atutory penalties on behalf of all non -exempt registered nurses working at Regional Medical Center from October 22, 2019, to the present. The Class Action Complaint for Damages (“Complaint”), filed on October 23, 2020, sets forth causes of action for: (1) Failure to Provide Meal Periods or Compensation in Lieu Thereof [Cal. Lab. Code §§ 512, 226.7 and Wage Order 5 -2001]; (2) Failure to Provide Rest Periods or Compensation...

Excerpt: ...r Penalties Pursuant to Labor Code § 2699, et seq. for violations of Labor Code §§ 201, 202, 203, 226(a), 226.7, and 2802. Defendant moved to compel arbitration of Plaintiff's individual PAGA claim and dismiss Plaintiff's representative PAGA claim. Plaintiff opposed the motio n. On May 18, 2023, the court denied Defendant's motion to compel arbitration. Defendant appealed the court's order. Subsequently, the parties reached a settlement of the...

Excerpt: ...each defendant), third c ause of action for breach of contract, fourth cause of action for breach of covenant of good faith and fair dealing and fifth cause of action for specific performance. On June 23, 2023, Plaintiff's motions for summary judgment on the complaint and cross co mplaint were granted, and on November 7, 2023, judgment was entered in favor of Plaintiff. On January 8, 2024, Plaintiff filed the instant motion for attorney's fees...

Excerpt: ...er things, Stensrud made a significant capital contribution and loan to Plaintiff in exchange for 80% ownership of the company. (Complaint, ¶3.) Plaintiff corporation later prepared a written “Action by Unanimous Written Consent of the Board of Directors of Level 5 Security, Inc.,” to formally document actions taken at the May 15, 2022 organizational meeting. (Complaint, ¶7.) The Unanimous Written Consent adopted new bylaws, documented a $...

Excerpt: ...ff Martin's apartment. Plaintiff Martin's original complaint further alleged that defendant Emalee Ousley (“Ousley”) and defendant Ramirez (and/or agents, employees, co -conspirators) committed an assault and battery. Plaintiff Martin's original complaint also names as defendants the City of Sacramento (“Sacramento”), City of West Sacramento (“West Sacramento”), and Google LLC (“Google”). Without much in the way of facts, plaintif...

Excerpt: ...), alleging first cause of action f or negligence-unprofessional inadequate security, second cause of action for commercial premises liability and third cause of action for failure to warn of dangerous condition on business premises. According to the allegations of the FAC, on or about May 5 , 2018, security personnel of Restaurant witnessed attacks unfolding inside Restaurant's premises involving Decedent and an alleged assailant. Security pers...

Excerpt: ... complaint does not identify any “Doe” defendants in paragraph 1, where all defendants are supposed to be identified. In paragraph 6, however, Sun has checked the box stating that Doe defendants “1 -5” were the “agents or employees of other named defendants.” The co mplaint does not allege compliance with any claim presentation requirement, as none of the boxes in paragraph 9 of the form are checked. In paragraph 10, where causes of ...

Excerpt: ...rez (“Ramirez”) i s his landlord and that defendant Ramirez (and/or agents, employees, co - conspirators) committed trespass on plaintiff Martin's apartment. Plaintiff Martin's original complaint further alleged that defendant Emalee Ousley (“Ousley”) and defendant Ramirez (an d /o r agents, employees, co -conspirators) committed an assault and battery. Plaintiff Martin's original complaint also names as defendants the City of Sacramento ...

Excerpt: ...' claims against th em on the grounds that Cross-Complainants were truly ignorant of the fictitiously named cross -defendants' identities when the CrossComplaint was filed on July 10, 2020, pursuant to Code of Civil Procedure(“CCP”) sections 473(a), 474 and 576 and California Rules of Court (CRC) Rule 3.1324 is GRANTED. CrossComplainants are granted 15 days leave to file their proposed First Amended Cross -Complaint. The court may, in the ...

Excerpt: ... in a forum outside this state, the court shall stay or dismiss the action in whole or in part on any conditions that may be just. (CCP § 410.30, subd. (a) (Deering, Lexis Advance through the 2024 Regular Session Ch 1).) “Forum non conveniens is an equitable doctrine invoking the discretionary power of a court to decline to exercise the jurisdiction it has over a transitory cause of action when it believes that the action may be more appropria...

Excerpt: ...ion Chicago Title Insurance Company and cross -complainant Roya Javid (R Javid”) each filed joinder in Javid's opposition (collectively “Objectors”). On March 29, 2024, defendant and cross complainant Orange Coast Title Company of Northern California (“Orange Coast”) and defendant, cross - defendant and cross -complainant Susan Trujillo (Trujillo) filed response to Tashjian's motion to stay in support of stay. Evidentiary objections O...

Excerpt: ...024. The primary ba sis for the District's demurrer was the claim that Assembly Bill 218 (“AB 218”), which amended the limitations period for bringing a childhood sexual assault claim under Code of Civil Procedure section 340.1, was unconstitutional under Article XVI, § 6 of the California Constitution, also known as the “Gift Clause.” The court ultimately rejected this claim and overruled the demurrer. (See January 23, 2024 Order.)3 Two...

Excerpt: ...n Hsu and Chin- Wei Hsu in Case No. 23CV427626 filed a similar notice in their case referencing this Case No. 22CV407623, the same day. In both notices, the second box in Section 1(h) is checked indicating that each case “arise from the same or substantially identical transact ions, incidents, or events requiring determination of the same or substantially identical questions of law or fact.” The plaintiffs in both actions are represented by ...

Excerpt: ...ENIED IN PART. Fi rst, Steinberg Hart seeks further responses to Requests for Production Nos. 24, 25, and 26 from its second set of document requests, under section 2031.310. Z&L's responses consisted solely of objections, without any statement of compliance. But Z&L argu es in its opposition that these requests are duplicative of Requests for Production Nos. 4, 5, and 6, which were presumably contained in Steinberg Hart's first set of document ...

Excerpt: ...mon areas on the subdi vision map of Tract No. 10108, file no. 21798266 in San Jose (“Project”). (See TAC, ¶¶ 2, 14.) However, as a result of Defendant's omissions and actions, there were numerous latent defects at the Project, including: missing head flashings at windows and doors, improperly installed stucco and stucco accessories, improperly installed self- adhered membrane and building paper, improperly installed lath, improperly inst...