Excerpt: ...A has failed to repair the vehicle in conformity with its warranty. (Id. at ¶¶ 14, 16, 42.) In some instances, KMA denied warranty coverage. (Id. at ¶ 15.) Furthermore, KMA has failed to replace the vehicle or to promptly make restitution as required by statute. (Id. at ¶ 18.) As a result, Plaintiff alleges causes of action for: (1) breach of express warranty; (2) breach of implied warranty; and (3) violation of the Song ‐Beverly Consumer W...

Excerpt: ...d A. Factual This action involves claims of construction deficiencies arising out of a condominium conversion project, commonly known as the Bird Avenue project, in San Jose (the “Project”). The owners/converters of the property at the time of the Project were defendants Santa Clara Redevelopment I LLC and Monterey Capital LLC (collectively, the “Developers”). The general contractor for the Project was Gold Coast Renovations (“Gold Coas...

Excerpt: ...tiff's custom home. (First Amended Complaint (“FAC”), ¶¶ 2 & 6‐8.) Defendant's revised structural drawings and calculations were eventually approved by the City of Monte Sereno. (Id. at ¶ 8.) Construction of Plaintiff's home began in April 2016. (FAC, ¶ 9.) The foundation of the home was completed one month later. (Ibid.) In May 2017, Plaintiff was informed by his contractor that crown molding could not be installed in the home due to a...

Excerpt: ...o because of my filing of complaints against them. On May 17, 2017, DFEH issued me a “Right to Sue” notice. I worked for the County of Santa Clara from October 2001 through August 2015.” (Complaint, p.1.) The Court granted County's motion for judgment on the pleadings as to the complaint on July 9, 2019, stating that “Plaintiff fails to identify the claims she is asserting or the nature of the relief she is requesting and does not otherwi...

Excerpt: ...piece of property and develop on it a commercial building. (FAC, ¶9.) To that end, in 2004 or 2005, Asghar formed an LLC called Rumi Group (“LLC”) with the four siblings as members. (Id.) Each member was required to make an initial capital contribution based on his or her percentage of ownership. (FAC, ¶10.) Neither Plaintiff, Defendant, nor Mahin had sufficient cash to pay their respective capital contributions, but Plaintiff owned two res...

Excerpt: ...ctively, “Defendants”), as well as Trader Joe's, for damages associated with the accident. Trader Joe's filed a cross‐complaint against Defendants. Before the Court is Defendants' motion to compel deposition testimony of Trader Joe's employee Fonda Burke (“Burke”), Trader Joe's persons most knowledgeable (“PMKs”), and Trader Joe's store managers. Discovery Dispute On June 26, 2019, Defendants served a deposition notice on Trader Joe...

Excerpt: ...its tentative ruling as follows: I. INTRODUCTION This is a putative class action arising out of various alleged Labor Code violations. Pursuant to the First Amended Complaint (“FAC”), filed on July 27, 2017, this case is brought on behalf of the following proposed class: “All persons who are working or worked as a ‘demonstrator' or similar title at Costco Warehouse locations and who were employed by WAREHOUSE DEMO SERVICES, INC., in the S...

Excerpt: ...ues its tentative ruling as follows: I. INTRODUCTION This is a putative consumer class action. According to the allegations of the Complaint, filed on April 4, 2019, defendants Arrayit Corporation and Pinner USA, Inc. (collectively, “Defendants”) manufacture, market, sell, and/or distribute a “food intolerance test” called PinnerTest. (Complaint, ¶ 1.) PinnerTest utilizes Immunoglobulin Analysis (“IgG Testing”) to screen for certain ...

Excerpt: ...(Complaint, ¶ 9.) In connection with the purchase, Plaintiff received an express warranty pursuant to which Defendant was to preserve or maintain the Subject Vehicle's utility or performance, or provide compensation in the case of failure to either in a specified period of time. (Id., ¶ 10.) During the warranty period, the Subject Vehicle contained or developed numerous defects including, but not limited to, the following: defects relating to t...

Excerpt: ...il 2016, Plaintiff was asked to serve as the Interim City Manager after the position was vacated, which he accepted, while continuing to serve as Public Works Director. (Ibid.) In October and November 2016, after evaluating dates for his eventual retirement, Liz Brown, the City's Human Resources Director, strongly recommended that Plaintiff ask the City Council to pay him additional compensation above relevant statutory caps to compensate him for...

Excerpt: ...rst amended complaint (“FAC”) of plaintiff Jane Doe (“Plaintiff”). Factual and Procedural Background Plaintiff, a minor, by and through her Guardian ad Litem, John Doe, brought this action against District, Employees, and a former teacher (“Teacher”) (collectively, “Defendants”) for damages arising from Teacher's sexual abuse of Plaintiff at one of District's schools. Plaintiff's original complaint against Defendants alleged cause...

Excerpt: ...zed by the officials. (See SAC, ¶¶ 15‐16, 19, 27‐28, exh. C.) The waiver and release agreement, attached to the complaint, states: In consideration for the opportunity to attend, volunteer and/or participate in the activities offered, provided by and/or taking place at Solar4America ice at San Jose, Solar4America Ice at Fremont and/or Oakland Ice Center (the “Activities”), the participant, or the participant's parent or legal guardian i...

Excerpt: ...19 at its campus in North Carolina. Plaintiff claims Duke failed to actively promote the on‐campus event and then cancelled it thereby depriving him of the fees per student, less the cost of refreshments, he was supposed to earn.4 Plaintiff asserts causes of action against Duke for breach of contract and breach of the implied covenant of good faith and fair dealing. Currently before the Court is Duke's motion to quash service of the summons on ...

Excerpt: ... Yang was terminated and/or forced out of TutorGroup Holding, as well as communications made to third parties regarding that lawsuit. The current complaint alleges that “[w]hen his lawsuit against [Plaintiff] was not producing the results he desired, Defendants decided to escalate the matter and harass TutorGroup Holding directly. Knowing that TutorGroup Holding was facing financial difficulties and was seeking additional funding to continues i...

Excerpt: ...she fell as a result of the wet, polished concrete floor. (Complaint, ¶¶ GN‐1, Prem.L‐1, & Prem.L‐2.) At the time of the accident, there was no sign indicating that the floor was being washed. (Id. at ¶¶ GN‐1 & Prem.L‐1.) The on‐duty manager of the store admonished the clerk and stated he would open the entrance door so the floor would dry faster. (Ibid.) The incident was witnessed by employees, customers, and other people in the ...

Excerpt: ...nd An Nguyen. According to the allegations in the second amended complaint (“SAC”), Plaintiff owns several investment rental properties. (SAC, ¶ 33.) He is a barber by trade, and met Trung when Trung became Plaintiff's customer. (Id. at ¶ 34.) About ten years into their relationship, Trung approached Plaintiff with an offer to invest in properties for purposes of flipping them for profit. (Id. at ¶ 35.) Trung represented that he had connec...

Excerpt: .... (Id., ¶ 12.) On August 9, 2018, Plaintiff and Defendant entered into a written agreement (the “Agreement”) whereby Defendant would give Plaintiff $30,000 if she would terminate the pregnancy. (Id., ¶ 13.) Defendant also agreed to provide Plaintiff with a work studio/office space so that she could start a business. (Id., ¶ 15.) Defendant subsequently deposited a personal check in the amount of $30,000 into Plaintiff's bank account. (FAC, ...

Excerpt: ...dispute over payment for medical services and equipment. Qualium's operative second amended complaint (“SAC”) was filed on November 24, 2015, and alleged causes of action for: (1) breach of oral contract; (2) account stated; (3) unjust enrichment; (4) quantum meruit; and (5) unfair competition in violation of Business and Professions Code section 17200. In the SAC, Qualium alleged that it provided medical supplies and equipment to individuals...

Excerpt: ... that Plaintiff “filed a complaint regarding quantum meruit and unjust enrichment no June 24, 2014 in Fulton County Atlanta, Georgia. These claims were based on the fact that Johnson provided an idea for the defendant that was the complete basis for the ‘Nordstrom Rack App' . . . Quantum meruit and unjust enrichment were litigated in Georgia merely because that is where the plaintiff resides as well as the defendant's doing business there as ...

Excerpt: ...threatening emails and text messages to Plaintiff, and Kachroo's phone and laptop computer on which Plaintiff was shown the video of Kachroo's sexual assault of Plaintiff. On July 7, 2016, the Court filed its order regarding various discovery motions, including Plaintiff's motion to compel further responses to certain special interrogatories propounded on GL regarding: the facts and reasons for terminating Kachroo, whether Kachroo violated any di...

Excerpt: ...ndarich's motion. I. Factual and Procedural Background Plaintiff incurred a consumer debt in the form of a credit account issued by WebBank. (Complaint, ¶ 15.) She was unable to pay the debt and defaulted on her payments to WebBank. (Id. at ¶ 16.) The debt was subsequently assigned or otherwise transferred to defendant for collection, and it sent an initial collection letter to plaintiff dated February 9, 2017. (Id. at ¶¶ 17‐21.) The letter...

Excerpt: ...l services to businesses and homeowners throughout the San Francisco Bay Area. Plaintiffs are current and former, non‐exempt employees of defendant who worked as security guards or officers. (Third Amended Complaint (“TAC”), ¶ 20.) Their duties included patrolling premises to which they were assigned, and they typically worked from eight to fourteen hours a day, six days a week. (Ibid.) Plaintiffs allege that they and other employees were ...

Excerpt: ...aintiffs”).1 Factual and Procedural Background This action arises out of interventional radiology procedures performed on Lawrence by various doctors over the course of two days in March 2017. (SAC, ¶¶ FR‐2, FR‐5, IT‐1, & GN1.) Plaintiffs allege that they did not consent to the procedures, they were misled as to who would conduct the procedures, and the doctors failed to adequately treat and obtain care for Lawrence. (Id. at ¶¶ FR‐2...

Excerpt: ... to pickup payoff check on agreed date ‘08/07/2018' and location ‘2197 Wynfair Ridge Way, San Jose, CA' pursuant to the terms and conditions of a Credit Agreement Security #00001673.” (Complaint, ¶BC‐2 and Exh. B.) On or about August 8, 2018, defendant “trespass upon Credit Agreement Payoff Security Instrument NOTE and Release of Lien Security Contract Property with the intentions of fraud in the factum by intentionally avoiding the TE...

Excerpt: ...training program and obtained a phlebotomist state license, the prerequisite for admission to the Medical Laboratory Technician (“MLT”) program. (See Third Amended Complaint [“TAC”] at ¶ 20.) Plaintiff thereafter enrolled in the MLT program at De Anza College. (Ibid.) After Plaintiff started the program, defendant Patricia Buchner (“Buchner”) notified him that he needed to complete an “externship” at a clinical agency in order to...

Excerpt: ...ing remarks to plaintiff Lobo regarding his age and subjected plaintiff Lobo to hostility due to his ancestry/national origin. (FAC, ¶¶18 – 19.) Plaintiff Lobo was denied opportunities and benefits of employment that were essential to his continued success at defendant Intel. (FAC, ¶20.) Plaintiff Lobo made several workplace complaints to defendants regarding Perumandala's actions. (FAC, ¶21.) Defendants retaliated against plaintiff Lobo's ...

Excerpt: ...endant Milpitas Care Center (“MCC”) from April 2016 to July 2016 and came under the care or custody of defendants Vohra Wound Care Physicians of California, PC (“Vohra”) and Hongdu K. Ly, D.O. (“Dr. Ly”). (FAC, ¶¶2 – 5.) During their care and/or custody of Decedent, defendants Vohra and Dr. Ly failed to develop and implement adequate skin integrity and infection control/ monitoring measures, which resulted in Decedent sustaining i...

Excerpt: ...ow”)—who owned 50 percent of the business—to purchase his shares in Garden City for $55 million. (SAC, ¶¶ 1–2 & Ex. A [Stock Purchase Agreement].) The remaining 50 percent of the shares were held in trust by defendants Peter V. Lunardi, III and Jeanine Lunardi (collectively, the “Lunardis”) on behalf of the Lunardi Family Living Trust. (SAC, ¶ 1.) The Lunardis tried to stop the sale to Park by exercising their right of first refusa...

Excerpt: ...� MV‐1‐2.) Plaintiff exchanged information with the driver of the vehicle, who identified herself as the owner of the vehicle and allowed Plaintiff to take a photo of her vehicle registration, listing husband's name and their address. (See Ervin decl., in support of opposition to motion to quash, ¶ 5.) Wife also allowed Plaintiff to take a picture of a DMV Driver's License Change of Address listing a different address; however, Plaintiff was...

Excerpt: ...o the allegations of the operative complaint, Plaintiffs operate pain management clinics. (Complaint, ¶ ¶ 19, 20.) They were in‐network providers with CIGNA for many years, until 2014. (Id. at ¶ 2.) After they left the CIGNA network, CIGNA required excessive medical records and documentation for each bill prior to payment. (Id. at ¶ 3.) CIGNA claimed that Plaintiffs were under investigation and proceeded to ignore records submitted and deny...

Excerpt: ... while driven by plaintiff Miller, suddenly and without warning, switched into the neutral gear position. (SAC, ¶13.) On or about December 1, 2011, plaintiff Miller paid for the installation of a catalytic converter on the Vehicle at a third‐party automotive shop as a replacement for a catalytic converter which had been previously installed on or about October 16, 2009. (SAC, ¶26.) On or about April 15, 2014, plaintiff Miller paid for the ins...

Excerpt: ...was quickly followed by the operative First Amended Complaint (“FAC”) which was filed on April 23, 2019 and— according to a proof of service filed on April 23, 2019—was served on Defendant via regular mail. Currently before the Court is Defendant's motion to quash service of summons on the ground of lack of personal jurisdiction due to improper service. (See Notice of Motion at p. 1:21‐27.) Defendant does not deny receiving the FAC in t...

Excerpt: ...macy, Inc. (“Pharmaca”) leased, operated, and managed the Subject Premises owned by defendant Stahl. (Id. at ¶¶ 3, 12.) In 2009, plaintiff Cynthia Sewak (“Plaintiff”) began working for Pharmaca as a lead pharmacist. (Complaint at ¶ 13.) During her tenure, Plaintiff worked in a building with numerous structural defects including a defective roof, inadequate plumbing, ventilation problems, water leaks, along with fungal and microbial con...

Excerpt: ...d/or cash advances in exchange for repayment of the principal amount plus interest and finance charges.2 Defendant Remez accepted the agreement and its terms by using the subject credit card.3 Following issuance of the credit card, defendant Remez made payments, charges, and incurred a balance on the subject account.4 Plaintiff sent defendant Remez statements for the account reflecting charges, payments and any fees and interest incurred.5 Defend...

Excerpt: ...ary 2018 a UPS delivery driver, identifiable only as “Hector,” approached Plaintiff in the store's stock room, leaned into her personal space, grabbed her shoulder, and made sexually suggestive and threatening statements. (Id. at ¶ 18.) Plaintiff informed her manager of the incident and her discomfort with what transpired. (FAC, ¶ 19.) As they talked, the back doorbell rang, and they answered it together to find Hector. (Ibid.) Despite what...

Excerpt: ...1.) JPMorgan acquired the Ensign Property on or about January 8, 2013 pursuant to a Trustee's Deed Upon Sale following a duly noticed foreclosure sale of the Ensign Property under a Deed of Trust dated June 11, 2007 (“Foreclosed Deed of Trust”) and recorded on or about July 2, 2007 executed by To Thi Nguyen and Candice Triet Nguyen (collectively, “Nguyens”). (FAC, ¶12.) On information and belief, the Nguyens entered into a separate lendi...

Excerpt: ...e on September 20, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION According to the allegations of the Complaint in this case (“Nichols II”), filed on December 19, 2017, plaintiff Eric S. Nichols (“Plaintiff”) was hired by defendants Northrop Grumman Systems Corporation and Northrop Grumman Corporation (together, “Defendants”) in May 2010 as an hourly, non‐exempt employee. (C...

Excerpt: ...s before the continued hearing on plaintiffs' motion for discovery sanctions—which remains pending. Within three hours of the bankruptcy filing, defendants filed a notice of stay in this action, indicating that the case was stayed with regard to all parties as a result of the automatic stay triggered by Newark's bankruptcy. The Court discussed the bankruptcy with the parties at the August 2nd hearing on plaintiffs' motion for sanctions. As stat...

Excerpt: .... in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative consumer class action. According to the allegations of the Complaint, filed on April 4, 2019, defendants Arrayit Corporation and Pinner USA, Inc. (together, “Defendants”) manufacture, market, sell, and/or distribute a “food intolerance test” called PinnerTest. (Complaint, ¶ 1.) PinnerTest utilizes Immunoglobulin Analysis (“IgG Te...

Excerpt: ...nants oppose Preston's motion. I. Factual and Procedural Background Plaintiff filed the original complaint in this action on August 2, 2016, alleging that he was injured when he fell into a hole in the ground on his Sunnyvale worksite on August 6, 2014. He named cross‐complainants Dollinger Properties and Exstra‐Arques LLC among other defendants, but has at no point named Preston as a defendant. Cross‐complainants DP Ventures, LLC and DPM P...

Excerpt: ...te engineer from 2003 to March 28, 2018, when he was terminated. (Id. at ¶ 8.) He alleges that defendant failed to include all nondiscretionary pay, including shift differential pay such as “Night Diff” wages, in his regular rate of pay for purposes of calculating overtime, and also failed to properly account for such pay on wage statements. (Id. at ¶¶ 20, 29, 36.) Based on these allegations, he asserts class claims for (1) violation of La...

Excerpt: ...employment, her wage statements did not identify her accurate total hours worked when she was paid shift premium and shift premium overtime wages. (Ibid.) In addition, plaintiff earned non‐discretionary incentive pay that was not factored into her regular rate of pay for purposes of calculating meal period premiums. (Ibid.) On June 17, 2016, plaintiff filed this action in San Benito County on behalf of two putative classes corresponding to her ...

Excerpt: ...r judicial notice. Both parties filed written objections to evidence. II. Legal Standard A defendant may move for summary judgment on the ground an action has no merit. (Code Civ. Proc., § 437c, subd. (a)(1).) A defendant bears the initial burden of proving “a cause of action has no merit [by] show[ing] that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense t...

Excerpt: ...sleep at the wheel, drove into the bicycle lane, and struck Orion. (Id. at ¶¶ 10, 14, & 22.) Defendant allegedly “admitted that she fell asleep while driving[ ] because … she had jet lag from a long flight and was really tired.” (Id. at ¶ 14.) As a result of the collision, Orion sustained severe physical injuries, mental anguish, and emotional distress. (Id. at ¶¶ 11‐13, 15, 16, 23‐27, & 52.) In addition, plaintiff Jon Listug (“J...

Excerpt: ...d the property to her daughter Ms. Silipin through a recorded Grant Deed. (Id. at 10.) However, they agreed that the property would be transferred to Ms. Silipin as trustee for the benefit of each of Ms. Cifuentes' children: Plaintiff, Ms. Lopez, Elsie Barragan, and Delia Morellon. (FAC, ¶ 24.) Ms. Cifuentes continued to live in the home until her death in 2008. (Id. at ¶ 11.) Shortly after her death, Delia Morellon also died. (Id. at ¶ 12.) T...

Excerpt: ...st”), to the demurrer. Factual and Procedural Background This is an action for breach of contract and fraud, among other things, arising out of a business dispute. Singal, a licensed mortgage broker, is the chief executive officer, chairman, and sole owner of FCREI. (FAC, ¶¶ 2 & 3.) FCREI is the majority owner and Singal is the managing partner of defendant First Capital Real Estate Advisors, LP (“FCREA”). (Id. at ¶ 4.) Additionally, FCR...

Excerpt: ...contract; (2) breach of contract (alter ego liability), and; (3) fraud. Nano filed a cross‐complaint against Tongtai, cross‐ defendant Osaume Sekine (“Sekine”), cross‐defendant Thinh Nguyen, and cross‐defendant Todd Lizotte, alleging causes of action for: (1) breach of fiduciary duty; (2) breach of contract; (3) breach of contract; (4) misappropriation of trade secrets, and; (5) breach of the covenant of good faith and fair dealing. C...

Excerpt: ...for the purchase and operation of Que Huong FastFood, Inc. (the “Business”). (FAC, ¶ 1.) Pursuant to the Agreement, the parties were to have an equal interest in the ownership, operation and profits of the Business. (Id., ¶ 5.) The parties specifically agreed that only Plaintiff and Defendant would have the right to make decisions relating to the Business and share equally in its profits; Defendant's husband, defendant Steven Chan (“Steve...

Excerpt: ...r. Calvano (through his company 1001 Shoreline LLC (“Shoreline”)) to acquire and develop real estate in Mountain View, California. (FAC, ¶ 1.) On December 26, 2018, Mr. Calvano asked Carlyle, as the managing member of the Company, to send Shoreline's profit distribution by New Year's Eve. (FAC, ¶ 4.) Carlyle did so, twice. On December 28, in accordance with Mr. Calvano's instructions, Carlyle wired $1,730,960 to a bank account for Calvano D...

Excerpt: ...utter Hospice”). Plaintiff alleges Stanford admitted her for medical care on October 5, 2017, when she was at a high risk for skin breakdown. (First Amended Complaint (“FAC”), ¶¶ 22–24.) Stanford created a skin integrity plan that required twice daily monitoring and repositioning of her body every two hours. (FAC, ¶¶ 26–27.) After Plaintiff's admission, Stanford failed to adhere to this care plan causing her to develop pressure ulce...

Excerpt: ...Specifically, in July 2016, Defendant told Yi Qin that she urgently needed money and “would repay [money loaned to her] in or around one year.” (Complaint, ¶¶ 15 & 19.) Yi Qin reached out to his relatives regarding Defendant's request. (Id. at ¶ 15.) Wei Qin then agreed to loan Defendant money, and Yi Qin informed Defendant of the same. (Id. ¶ 16.) Defendant sent her bank account information to Yi Qin, who forwarded it to Wei Qin. (Ibid.)...

Excerpt: ...�Khazaeli”) against Globo Mobile Technologies (“Globo” or “GMTI”) on causes of action for national origin discrimination, retaliation and violation of public policy in the amount of $4,416,667 plus costs and attorney's fees for a total of $5,147,898. Collection activity immediately commenced, and in an effort to locate and identify assets to satisfy the judgment, defendant David Brewer (“Brewer”) was served with an order of appearan...

Excerpt: .... (“Consolitech”) (collectively “Plaintiffs”) against defendants Charlene Qian (“Qian”), Xian Li aka James Li (“Li”), Thomas Zdimal, Kent Wang, Kathleen Wang, Xiao Rong Zhou, Ruo (Laura) Li, Zhengmao Zhu, LXRZ, Inc., Firetide, Inc. (“Firetide”), George Zhu (“Zhu”), Xin Liu (“Liu”), and Da Yong Guan (“Guan”) (collectively “Defendants”). As alleged in the Fourth Amended Complaint (“4AC”), Ampro and Consolitec...

Excerpt: ...oved a public transportation project which by design and necessity impacted access and ingress to K&M. (Id. at ¶ 5.) The project was scheduled to begin in early 2014, and end by late 2015. (Id. at ¶ 7.) Prior to starting the project, VTA filed a complaint in eminent domain against various defendants, including Plaintiff, in case number 12CV237430. (Complaint, ¶ 8.) VTA sought condemnation of a small strip of land fronting Alum Rock Avenue, and...

Excerpt: ...DEL GRANDE ENTERPRISES, INC., Defendants. Case No. 2018‐1‐CV‐331434 TENTATIVE RULING RE: MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT The above‐entitled action comes on for hearing before the Honorable Thomas E. Kuhnle on September 6, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action arising out of various alleged wage and hour violations...

Excerpt: ... Procedural Background Google is a California‐based multinational company that offers web‐based services, including free email accounts for individual users through Gmail. (Consolidated Complaint, ¶ 27.) Plaintiffs are individuals who have never subscribed to Gmail and have never consented to Google intercepting the contents of their emails. (Id. at ¶ 4.) Plaintiffs sent unencrypted emails from their non‐Gmail accounts to Gmail users, whi...

Excerpt: ...g as follows: I. INTRODUCTION According to the allegations of the Complaint, filed on March 21, 2019, plaintiff Alorica, Inc. and defendant Fortinet, Inc. are both Delaware corporations. (Complaint, ¶¶ 1‐2.) Alorica is one of the leading providers of outsourced communication solutions, averaging over 600 million customer interactions per year. (Id. at ¶ 4.) Fortinet is a multinational corporation that develops and markets hardware, software,...

Excerpt: ... action comes on for hearing before the Honorable Thomas E. Kuhnle on September 6, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action. Plaintiffs Petra Godinez, Jose Rodriguez, and Florentino Gayoso (collectively, “Plaintiffs”) allege various Labor Code violations in the First Amended Class Action Complaint (“FAC”), filed on November 1, 2017. TENTATIVE ...

Excerpt: ...the summons and complaint within three years of the filing of the action as required by Code of Civil Procedure section 583.210. Plaintiffs oppose his motion. I. Allegations of the Operative Complaint and Procedural Background JL Precision is a sheet metal design and manufacturing company located in San Jose. (First Amended Complaint (“FAC”), ¶ 5.) Plaintiffs Ronald Balanag and Javier Graciano were employed by JL as sheet metal printers, pai...

Excerpt: ... motion to seal materials filed in connection with its motions in limine. I. Legal Standard “The court may order that a record be filed under seal only if it expressly finds facts that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record...

Excerpt: ...on employees. Before the Court is plaintiff's motion to lift the stay pending arbitration of the first, second, and eleventh causes of action. Google opposes plaintiff's motion in large part, urging that the stay should be lifted for the limited purpose of finalizing the pleadings but should otherwise remain in place until certain conditions are satisfied. I. Allegations of the Operative Complaint According to the First Amended Complaint (“FAC�...

Excerpt: ...includes three consolidated cases – Munn v. Gacek, et al., Case No. 2018‐1‐CV‐328139; Palkon v. Ahmad, et al., Case No. 2018‐1‐CV328572; and Asseta v. Rau, et al., Case No. 2019‐1‐CV‐343607. The consolidated action is brought on behalf of Quantum Corp., a Delaware corporation, for breach of fiduciary duty, unjust enrichment, abuse of control, gross mismanagement, and corporate waste. The parties have reached a settlement. In an ...

Excerpt: ..., Decedent retained Defendants as his counsel in connection with the case of Board of Trustees, et al. v. Advanced Installation, et al. (San Francisco County Superior Court, Case No. CPF‐13 513345). (Second Amended Complaint (“SAC”), ¶ 5.) Decedent also retained Defendants to represent him regarding a claim of withdrawal liability issued by the Carpenters Pension Trust Fund for Northern California (the “Fund”). (Ibid.) On January 22 20...

Excerpt: ...aziz Arjomand (collectively “Defendants” for purposes of this motion) have filed a cross‐complaint against Defendant Trader Joe's (“Trader Joe's”) and Trader Joe's has filed a cross‐complaint against Defendants. Currently before the Court is Trader Joe's motion for protective order, brought pursuant to Code of Civil Procedure (“CCP”) §§2017.020(a) and 2025.420(b), seeking an order blocking Defendants from taking the deposition o...

Excerpt: ...ncludes six legal parcels, two located in an unincorporated area of County, and four located in San Jose (“City”). (Id. at ¶ 7.) It also includes an area designated for habitat conservation of endangered species and a natural community conservation plan area. (Id. at ¶ 11.) Since 2012, YCS has sought permission to develop a portion of the land. (SAC, ¶ 7.) It originally submitted a project plan in two phases, the first which would develop ...

Excerpt: ...eronica Martinez and Melanie Gutierrez (collectively, “Plaintiffs”) and move to strike portions contained therein. I. Background A. Factual This is an action for breach of contract and breach of the implied warranty of habitability, among other things, between 20 residential tenants and their landlords. Plaintiffs, who are comprised of both adults and minors, reside in a 40 unit apartment complex located in San Jose. Plaintiffs allege that th...

Excerpt: ... the business of financing vehicle inventory for car dealerships. Defendants Azzam Abdo and Jalal Shreim signed individual personal guaranties for all amounts owed by Friendly Wholesalers to Plaintiff under the Loan and Security Agreement. Signed copies of these guaranty agreements are attached to the Complaint as exhibits 2 and 3 respectively. Friendly Wholesalers subsequently entered into two promissory notes with Plaintiff, acknowledging recei...

Excerpt: ... company with three shareholders: Plaintiff; her brother Crain; and the Crain Family 1994 Trust (“Trust”). (FAC, ¶ 2.) Plaintiff and Crain each own a 46 percent interest, and the Trust owns an 8 percent interest. (Ibid.) Plaintiff and Crain are co‐trustees of the Trust and equal beneficiaries of the shares held in the Trust. (Ibid.) Accordingly, Plaintiff holds at least 50 percent of the voting power of the shareholders of CCCI. (Ibid.) CC...

Excerpt: ...alleges that Defendant failed to properly evaluate tests performed on her and consequently failed to detect that she had been diagnosed with leukemia rather than lymphoma. This failure resulted in Plaintiff being treated with unnecessary FCR chemotherapy for six months and extended the treatments actually necessary to treat her leukemia. B. Procedural Plaintiff filed her Complaint against Defendant and co‐defendant Sutter Health Palo Alto Medic...

Excerpt: ... products, so named because its production involves the heating or “toasting” of the cannabis. (FAC, ¶ 12.) Plaintiff has also developed and continuously uses the phrase “Toast. Chill. Repeat” in marketing its products. (FAC, ¶ 14.) Plaintiff acquired common law rights in its “Toasties” and “Toast. Chill. Repeat.” trademarks and they are also registered. (FAC, ¶ 14.) At the same time, Defendants distribute and sell cannabis pro...

Excerpt: ...ono”) alleged misappropriation of SunPower's proprietary information and trade secrets. According to the allegations of the complaint, DeBono was SunPower's Executive Vice President of Global Channels and responsible for SunPower's rooftop solar business. (Complaint, ¶ 1.) When he started at SunPower, DeBono signed a non‐disclosure agreement whereby he agreed to safeguard SunPower's confidential information and work exclusively for SunPower ...

Excerpt: ...olitech”) (collectively “Plaintiffs”) against defendants Charlene Qian (“Qian”), Xian Li aka James Li (“Li”), Thomas Zdimal, Kent Wang, Kathleen Wang, Xiao Rong Zhou, Ruo (Laura) Li, Zhengmao Zhu, LXRZ, Inc., Firetide, Inc. (“Firetide”), George Zhu (“Zhu”), Xin Liu (“Liu”), and Da Yong Guan (“Guan”) (collectively “Defendants”). As alleged in the Fourth Amended Complaint (“4AC”), Ampro and Consolitech are circ...

Excerpt: ...n against women at the company. Before the Court are nominal defendant Alphabet's motions to seal (1) Exhibit M to the declaration of Kimberly A. Evans filed on May 6, 2019 and (2) a portion of the complaint in the above‐entitled action, filed on April 30, 2019. The motions are unopposed. I. Legal Standard “The court may order that a record be filed under seal only if it expressly finds facts that establish: (1) There exists an overriding int...

Excerpt: ... action comes on for hearing before the Honorable Thomas E. Kuhnle on September 6, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action. Plaintiffs Petra Godinez, Jose Rodriguez, and Florentino Gayoso (collectively, “Plaintiffs”) allege various Labor Code violations in the First Amended Class Action Complaint (“FAC”), filed on November 1, 2017. TENTATIVE ...

Excerpt: ...DEL GRANDE ENTERPRISES, INC., Defendants. Case No. 2018‐1‐CV‐331434 TENTATIVE RULING RE: MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT The above‐entitled action comes on for hearing before the Honorable Thomas E. Kuhnle on September 6, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action arising out of various alleged wage and hour violations...

Excerpt: ...roval of the settlement and for approval of their attorney fees, costs, and service awards. Plaintiffs' motion is unopposed. I. Legal Standards for Approving a Class Action Settlement Generally, “questions whether a settlement was fair and reasonable, whether notice to the class was adequate, whether certification of the class was proper, and whether the attorney fee award was proper are matters addressed to the trial court's broad discretion.�...

Excerpt: ... final approval of the settlement and for approval of his attorney fees, costs, and service award. Plaintiff's motion is unopposed. I. Legal Standards for Approving a Class Action/PAGA Settlement Generally, “questions whether a settlement was fair and reasonable, whether notice to the class was adequate, whether certification of the class was proper, and whether the attorney fee award was proper are matters addressed to the trial court's broad ...

Excerpt: ...otion for final approval of the settlement and for approval of his attorney fees, costs, and service award. Plaintiff's motion is unopposed. I. Legal Standards for Approving a Class Action/PAGA Settlement Generally, “questions whether a settlement was fair and reasonable, whether notice to the class was adequate, whether certification of the class was proper, and whether the attorney fee award was proper are matters addressed to the trial court...

Excerpt: ...r. Before the Court is plaintiff's motion for final approval of the settlement and for approval of her attorney fees, costs, and service award. Plaintiff's motion is unopposed. I. Legal Standards for Approving a Class Action/PAGA Settlement Generally, “questions whether a settlement was fair and reasonable, whether notice to the class was adequate, whether certification of the class was proper, and whether the attorney fee award was proper are ...

Excerpt: ...includes three consolidated cases – Munn v. Gacek, et al., Case No. 2018‐1‐CV‐328139; Palkon v. Ahmad, et al., Case No. 2018‐1‐CV328572; and Asseta v. Rau, et al., Case No. 2019‐1‐CV‐343607. The consolidated action is brought on behalf of Quantum Corp., a Delaware corporation, for breach of fiduciary duty, unjust enrichment, abuse of control, gross mismanagement, and corporate waste. The parties have reached a settlement. In an ...

Excerpt: ...g as follows: I. INTRODUCTION According to the allegations of the Complaint, filed on March 21, 2019, plaintiff Alorica, Inc. and defendant Fortinet, Inc. are both Delaware corporations. (Complaint, ¶¶ 1‐2.) Alorica is one of the leading providers of outsourced communication solutions, averaging over 600 million customer interactions per year. (Id. at ¶ 4.) Fortinet is a multinational corporation that develops and markets hardware, software,...

Excerpt: ...”], Exhibits A and B.) Plaintiff alleges that the defendants breached both the promissory note and the right of first refusal agreement. (4AC, ¶¶ 17‐26, Exhibits A and B.) Plaintiff further alleges that the defendants fraudulently represented that they would repay the note and the note would be secured by real property owned by Defendant Howard Misle (“Misle”) in Los Gatos (which had also been used to secure a 2010 promissory note in fa...

Excerpt: ...�), on January 17, 2007, a promissory note was executed by loan borrowers Martha N. Sabug and Alexander Sabug (collectively, “the Sabugs”) in the principal amount of $328,000. (SAC, ¶ 17.) The indebtedness was owed to Online Financial Group, a Nevada Corporation as payee. (Ibid.) The debt was secured by a Deed of Trust recorded against real property located at 4014 Shanj Court in San Jose, California (“Subject Property”). (Ibid.) In Febr...

Excerpt: ...ent of public nuisance and unfair business practices. According to the allegations of the complaint, Coachella operates a business at real property located at 2142 The Alameda in San Jose (“Subject Property”). (Complaint, ¶¶ 7 & 15.) Defendant Esther Bright is the chief executive officer as well as an operator, owner, and member of Coachella. (Id. at ¶ 15.) Defendant Jennifer Prescott is the chief financial officer as well as an operator, ...

Excerpt: ...enson”) was the sole officer and director of Platinum and its majority shareholder. (Ibid.) On September 19, 2005, an order confirming plan was entered confirming Platinum's Second Amended Chapter 11 Plan (“Bankruptcy Plan”) which provided that Platinum would pay its various administrative claimants and would then pay its unsecured creditors 60% of their respective claims over time through annual payments of $90,000. (Id. at ¶ 11.) In the ...

Excerpt: ...“VSM”), owners of real property known as the Vallco Fashion Mall located at 10123 North Wolfe Road in Cupertino (“Subject Property”), to exclusively represent VSM in connection with the sale of the Subject Property. (SAC, ¶¶7 – 8.) On or about August 2, 2011, VSM and plaintiff Nguyen entered into an exclusive right to sell agreement entitled “Owner‐Broker Agreement‐Vallco Shopping Center” (“Listing Agreement”). (SAC, ¶9.)...

Excerpt: ...for the purchase and operation of Que Huong FastFood, Inc. (the “Business”). (FAC, ¶ 1.) Pursuant to the Agreement, the parties were to have an equal interest in the ownership, operation and profits of the Business. (Id., ¶ 5.) The parties specifically agreed that only Plaintiff and Defendant would have the right to make decisions relating to the Business and share equally in its profits; Defendant's husband, defendant Steven Chan (“Steve...

Excerpt: ...(Complaint, ¶1.) Defendant Yaana Technologies, LLC (“Yaana”) is a business entity that develops, sells, and licenses technology solutions, such as data analytics systems and data retention systems, to service providers, enterprises, and the public sector. (Complaint, ¶2.) On or about June 10, 2016, plaintiff RCA and defendant Yaana entered into a written Master Reseller Agreement (“Agreement”) under which RCA would resell Yaana products...

Excerpt: ...y, Plaintiff concedes the strength of Defendant's arguments as to motions 1 and 3, the Court DENIES those motions and focuses below only on motions 2 and 4. I. Factual and Procedural Background This action arises out of a failed rental transaction. According to the allegations of the underlying complaint (“Complaint”), in October 2017, Defendant advertised a real property unit for rent in San Jose. (Complaint, ¶ 5.) Plaintiff entered into ne...

Excerpt: ...aint (“FAC”), the vehicle had a number of significant defects, including a defective engine. Kia equipped Plaintiff's vehicle and a number of other models with a Theta II engine that turned out to be defective because it restricted oil flow around essential engine components. The defect in the Theta II engine caused stalling, catastrophic engine failure, and fires. According to Plaintiff, Kia knew about this defect and the attendant risks, bu...

Excerpt: ...sure of the fact that he was found by the Court to have made misrepresentations and converted funds would hamper “his future career growth” and his “promising future.” Defendant states that his interest is “not to hide the existence of this lawsuit from anyone” but only to seal essentially all of the “details” of the proceedings, exhibits, and allegedly confidential documents, etc., that are not described. A court has the authorit...

Excerpt: ...s of the complaint in intervention (“Complaint”), for seven years Ms. Encinas rented a home from Ms. Hynek and her husband, Bryan Hynek, who is now deceased. (Complaint, ¶¶ 21, 31.) During the tenancy, Mr. Hynek was the main point of contact for Ms. Encinas in matters related to the lease. (Complaint, ¶ 22.) Two years into the tenancy, Ms. Encinas separated from her husband, and Mr. Hynek began calling and texting her with unwelcome commen...

Excerpt: ...Search and operates Yahoo! And Verizon Media from its headquarters in Sunnyvale. (Complaint, p. 2, lines 6 – 9.) Defendant Oath is a Delaware Corporation that owns the brands Yahoo!, Yahoo! Search, and Verizon Digital Media Services and operates Yahoo! and Verizon Media from its headquarters in Sunnyvale. (Complaint, p. 2, lines 10 – 13.) Defendant Microsoft Corporation (“Microsoft”) is a computer software designer whose search engine Bin...

Excerpt: ...�Moquin”) to represent it in a case to recover damages (“Underlying Action”) caused by Timothy Walton (“Walton”). (Complaint, ¶19.) Walton brought a frivolous lawsuit against Rossdale in an attempt to extort a settlement out of Rossdale. (Complaint, ¶22.) Rossdale defended itself vigorously and accrued hundreds of thousands of dollars in damages to fend off Walton's litigation. (Complaint, ¶23.) Moquin received a $10,000 flat fee to ...

Excerpt: ...�Defendants”). (See complaint, ¶ 7.) Drywall paid Plaintiff's salary. (See complaint, ¶ 7.) From January 2014 to June 15, 2015, Defendants' employees and management gratuitously, constantly and routinely harassed Plaintiff regarding his Mexican heritage. (See complaint, ¶ 12.) On March 24, 2014, Defendants reduced Plaintiff's work hours and pay, refused to provide him with training and refused to promote Plaintiff, for no legitimate reason. ...

Excerpt: ...ity, Hernon Lake Shore, LLC, owns a 13.77% interest in the partnership. (Id., ¶ 8.) Plaintiff was first introduced to the Partnership investment in 2007 and at that time he understood the investment would be adequately capitalized and that then‐general partner Delamore and main fundraiser Byron Meo could meet their $7 million fund raise commitments. (Id., ¶ 10.) In consideration of his financial investment, which exceeded $1 million, Plaintif...

Excerpt: ...njunction, Dissolution of Limited Liability Company, Intentional Interference with Contractual Relations, and Inducing Breach of Contract Factual and Procedural Background Plaintiff Michael Dorian (“Dorian”) has been the sole member of plaintiff Briand Properties, LLC (“Briand”) since December 15, 2006. (Third Amended Complaint (“TAC”), ¶28.) Plaintiff Briand owned several assets including 540 S. First Street and 545 S. Second Street...

Excerpt: ...ler. (Complaint, ¶32 and Exh. E.) Escrow closed on this sales transaction on May 1, 2014. (Complaint, ¶32.) In this transaction, defendant HLE acted as Plaintiff's real estate agent. (Complaint, ¶33.) At some time prior to the execution of the sales agreement and continuing through the escrow period, defendant HLE was fully aware and had knowledge of the fact that Plaintiff was not fluent or proficient at reading and writing English and requir...

Excerpt: ...usiness.2 (FAC, ¶ 10.) In 2015, Defendant acquired the building from Plaintiff's previous landlord. (FAC, ¶ 10.) Plaintiff alleges Defendant modified the building's parking lot in a manner that precluded safe and convenient access by delivery trucks. (FAC, ¶¶ 15–17.) Additionally, in April 2018, Defendant wrongfully demanded payment of $49,362.19 in back taxes and gave Plaintiff a three‐day notice to quit.3 (FAC, ¶¶ 11–13.) Six months...

Excerpt: ...�Plaintiff purchased the Vehicle from a person or entity engaged in the business of manufacturing, distributing, or selling consumer goods at retail.” (Ibid.) In connection with Plaintiff's purchase of the Vehicle, BMW provided express written warranties by which it undertook to preserve or maintain the utility or performance of the Vehicle, or to provide compensation if there was failure of such performance. (Id. at ¶¶ 7 & 24‐26.) During t...