Excerpt: ...Thomas E. Kuhnle on April 19, 2019, at 11:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION On March 1, 2018, plaintiffs Howard Cho and Steve Lacombe (together, “Plaintiffs”) filed a shareholder derivative action. The action was brought on behalf of Newco Materials TENTATIVE RULING RE: MOTION TO CONSOLIDATE 2 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 21 22 23 24 25 26 27 28 9 I 20 I Technology,...

Excerpt: ...ion comes on for hearing before the Honorable Thomas E. Kuhnle on April 19, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION Plaintiff Kerry Scribner (“Plaintiff”) filed this putative class action on July 10, 2017. Plaintiff alleges defendants Simm Associates, Inc. (“Simm”), Jerry S. Simendinger, and Gregory L. Simendinger failed to provide the notice required under Civil Code secti...

Excerpt: ...ntiff's motions for final approval of the settlement and for approval of his attorney fees, costs, and service award. Plaintiff's motions are 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...

Excerpt: ...ich retailed for $649.99 to $849.99 at the time it was initially sold. (First Amended Complaint (“FAC”), ¶¶ 12‐15.) Like all iPhones, the iPhone 4S ran on Apple's iOS operating system. (Id. at ¶ 17.) When the iPhone 4S was released, it operated on version 5 of iOS. (Ibid.) In the operative FAC, Apple upgraded iPhone 4S devices in the hands of consumers first to iOS 6 and then to iOS 7. (FAC, ¶ 22.) When these new versions of iOS were in...

Excerpt: ...norable Thomas E. Kuhnle on April 19, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a class action arising out of various alleged Labor Code violations. The Second Amended Complaint (“SAC”), filed on October 20, 2017, sets forth the following causes of action: (1) Unfair Competition in Violation of Cal. Bus. & Prof. Code, § 17200, et seq.; (2) Unfair Competition in Violation...

Excerpt: ...ion of Winding Up of Corporation (the “Petition”). The Petition asserts that on August 13, 2018, Newco filed a certificate with the California Secretary of State stating that Newco's board of directors had elected to wind up its affairs and voluntarily dissolve. The Petition seeks court supervision of the winding up of Newco, and in conjunction with winding up, Newco now seeks appointment of a receiver. II. APPLICABLE LAW Newco filed the Peti...

Excerpt: ...y, Inc. (“eBay” or “Plaintiff”) operates one of the world's largest online marketplaces. (Complaint, ¶ 16.) Defendant Amazon.com (“Defendant” or “Amazon”) is a tech giant that sells virtually anything imaginable. (Id. at ¶ 18.) In contrast to eBay, Amazon sells products directly on its marketplace, often competing directly against its third‐party sellers. (Ibid.) eBay alleges that over the past several years Amazon has perpetr...

Excerpt: ...intiffs oppose the motion. I. Allegations of the Operative Complaint Plaintiffs are breast cancer survivors who were prescribed and injected with Taxotere, a brand of the drug docetaxel. (Complaint, ¶ 1.) They allege that, although lower potency alternatives had been available for years, defendants misleadingly promoted Taxotere as having superior efficacy. (Ibid.) In fact, Taxotere's increased potency only makes it more toxic than alternatives ...

Excerpt: ...edit 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 notified plaintiff of her specific debt in 12‐point type, but, in violation of Civil Code section 1812.701...

Excerpt: ... above‐entitled action comes on for hearing before the Honorable Thomas E. Kuhnle on April 5, 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 Second Amended Complaint (“SAC”), filed on December 14, 2018, defendants Coolpad Technologies Inc., Coolpad Group Limited, and Yulong Computer Telecommunication Scientific (Shenzhen) Co., Ltd. (collectively, ...

Excerpt: ... meet and confer declaration as required by Code of Civil Procedure section 430.41, subdivision (a). While the Court will overlook this deficiency in the interest of moving the case forward, Apple is reminded to comply with the Code of Civil Procedure in the future. I. Allegations of the Operative Complaint Plaintiff resides in Santa Cruz and purchased a 64GB Wifi‐enabled iPad mini 4 on October 26, 2015. (FAC, ¶¶ 4‐5.) He alleges that after...

Excerpt: ...He alleges that defendant failed to provide meal periods and failed to pay overtime due to time rounding and excluding non‐discretionary remuneration from the regular rate of pay. Based on these allegations, plaintiff asserts claims for (1) violation of Labor Code section 226.7 regarding meal periods, (2) violation of Labor Code sections 510, 558, and 1194 by failing to pay overtime, (3) violation of Labor Code section 226 by failing to provide...

Excerpt: ... hearing before the Honorable Thomas E. Kuhnle on April 5, 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. The First Amended Complaint, filed on October 16, 2018, sets forth the following causes of action: (1) Failure to Provide Meal Periods; (2) Failure to Provide Rest Periods; (3) Failure to Pay Hour...

Excerpt: ...lass Action Complaint, ¶ 8.) Plaintiff is one of these employees, and has worked for Apple from 2014 to the present. (See id. at ¶ 7.) She alleges that Apple has a policy and practice of failing to provide nonexempt retail employees with a 30‐minute meal period within the first five hours of their shifts and failing to pay the resulting meal period premiums when due. (Id. at ¶ 1.) Specifically, although employees must clock in and out for th...

Excerpt: ...aint As alleged in the operative complaint, defendants own and operate facilities that provide catering and café management services in California. (Class Action Complaint, ¶ 36.) Cosmopolitan is a Silicon Valley‐based full‐service catering and café management company (id. at ¶¶ 38‐39), while LGC is a national staffing agency in the fields of hospitality management, hotel management, and restaurant management (id. at ¶¶ 40‐41). Pla...

Excerpt: ... April 5, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION According to the Second Amended Complaint (“SAC”), filed on January 22, 2019, plaintiff Yi‐Ching Pao, Ph.D. (“Plaintiff”) is a shareholder and founding CEO of Epic Communications, Inc. (“Epic”), a Taiwan corporation, which has a wholly‐owned subsidiary, EpicCom, Inc. (“EpicCom”), for which Plaintiff is also the f...

Excerpt: ...ployees working at Zara's California retail locations as head cashiers, floor supervisors, assistant managers, and department managers. (Id. at ¶ 1.) They allege that, while they were classified as exempt employees by Zara, they spent at least half and often much more of their time performing duties of non‐exempt employees. (Id. at ¶¶ 2, 24.) Their claims are limited to the period ending on November 26, 2016, when Zara began paying overtime ...

Excerpt: ...” (Defendant Jay Wayne Jenkins), to appear at an after‐party in San Jose later that night when he was attacked, chased into a backstage parking lot and shot several times. The shooter has never been identified, much less apprehended. In case no. 2015‐1‐CV‐280456 (“Dennis Action”), Decedent's three children (two of whom are minors suing via their mother and guardian ad litem Ria Cotton) filed an action originally against Defendant Li...

Excerpt: ...ini & Associates (“S&A”), Simoncini, S&A's sole proprietor, and Nannette Leduc (“Leduc”), an employee of S&A (collectively, “Defendants”). According to the allegations of Plaintiff's complaint, S&A's property suffered a water loss, causing significant damage. S&A and Simoncini hired Plaintiff, a licensed contractor, to mitigate the water damage and the parties entered into a contract to that effect. Plaintiff performed that work and S...

Excerpt: ...and irrevocable, save upon such grounds as exist for the revocation of any contract.” (Cal. Code Civ. Proc., § 1281.) “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the c...

Excerpt: ...ments. (Id. at ¶14.) Around 2012, Park acquired Emahs Laundry and became Dominguez's employer until her termination in March 2018. (Id. at ¶ 12.) During this time, Park engaged in numerous wage and hour violations, including failing to properly compensate Dominguez for overtime, requiring Dominguez to work without receiving timely meal and rest breaks, failing to staff the laundromat such that Dominguez could receive meal and rest breaks, faili...

Excerpt: ...tiff Ramos suffered injuries. (Id.) Plaintiff Ramos submitted a Claim for Damages on August 18, 2017. (Id.) VTA rejected plaintiff Ramos's Claim for Damages by a Notice of Rejection of Claim dated September 7, 2017. (Id.) On August 31, 2018, plaintiff Ramos filed a Judicial Council form complaint against defendant VTA asserting causes of action for: (1) General Negligence; and (2) Premises Liability. On December 21, 2018, defendant VTA filed the ...

Excerpt: ...gently operated a motor vehicle at the intersection of Hostetter Road and Four Oaks Road causing injuries and damages Plaintiffs. (Complaint, p. 4, ¶¶ MV‐1 and MV‐2.) Rodriguez and “Does 1 to 20” were allegedly “the agents and employees of the other defendants and acted within the scope of the agency.” (Id. at ¶ MV‐2.) Furthermore, “Does 1 to 20” allegedly “employed the persons who operated a motor vehicle in the course of ...

Excerpt: ...als, co‐owners, agents, employees, and officers of defendant Fortes Brothers Towing, Inc. (“FBT”). (TAC, ¶¶7 – 8.) Plaintiff Morgan was 5 years old when her mother married defendant Michael on March 9, 2002. (TAC, ¶19.) Defendant Michael sexually abused plaintiff Morgan between 2006 and 2013. (TAC, ¶¶21 – 40.) Defendants Michael and Daniel were known to frequent under‐age child prostitutes ranging from about 14 to 16 years of age...

Excerpt: ... Electronics, Inc. (“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”), Amp...

Excerpt: ...‐action for indemnity and contribution arising out of injuries suffered by plaintiff Israel Flores (“Plaintiff”). According to the allegations of the underlying complaint (“Complaint”), on May 10, 2017, Plaintiff, a truck driver, was loading his truck at the Sunbelt Rentals yard located in San Jose when an improperly repaired entry gate fell and struck him in the head, neck, back, right shoulder and right leg, causing him injury. (Compl...

Excerpt: ... party owning 50,000 shares of common stock such that they were equal shareholders. (See complaint, ¶ 13.) Plaintiff and Defendant appointed themselves to the Board of Directors and Defendant served as the chairman, president and secretary. (Id.) Plaintiff was named as the treasurer; however, Defendant managed all corporate finances while Plaintiff focused on the floor production to meet corporate obligations to its customers. (See complaint, ¶...

Excerpt: ... into records relating to an automobile financing transaction; recover or maintain possession of a 2014 RLX; compel issuance of a release of lien; and enjoin any efforts to repossess the vehicle. (Complaint at ¶ B.1.) The Complaint also makes reference to “monetization and securitization transactions”; alludes to issues of fraud; generally avers various reporting entities, including Innovis, reported negative information about Plaintiffs; an...

Excerpt: ...ive Complaint As alleged in the operative complaint, defendant provides transportation services to clients in California, particularly in the Bay Area. (First Amended Class and Representative Action Complaint (“FAC”), ¶ 8.) Plaintiff was employed by defendant as a driver from April 2016 to August 2017 as a non‐exempt employee. (Ibid.) She alleges that defendant failed to provide legally compliant rest breaks and failed to reimburse employe...

Excerpt: ...es Driver charged with delivering products to and on behalf of its customers in and around Santa Clara County from 2016 to January 2017. (Id. at ¶ 20.) He alleges that UniFund failed to pay him and other Route Sales Drivers for all time worked, and also failed to provide them with compliant meal and rest breaks. (Id. at ¶¶ 21‐31.) Based on these allegations, plaintiff asserts class claims for (1) unpaid overtime in violation of Labor Code se...

Excerpt: ...ass Action Complaint, ¶ 9.) In April 2016, it hired plaintiff to perform medical exams for various insurance applications. (Id. at ¶ 7.) She was compensated on a piece‐rate basis. (Ibid.) Plaintiff alleges that Examination Management did not pay her and other putative class members for time spent working on non‐piece‐rate tasks. (Id. at ¶ 23.) She also alleges that class members did not receive compliant meal and rest breaks and were not...

Excerpt: ...sidential customers in unincorporated Santa Clara County. (FAC, ¶ 1.) TVI is regulated by the California Public Utilities Commission and the State Water Resources Control Board, Division of Drinking Water (“DDW”). (Id. at ¶ 2.) On January 11, 2018—after this action was filed—DDW applied for the appointment of a receiver to take control of the TVI water system (the “System”), stating that Havens “is unable or unwilling to address T...

Excerpt: ...on March 29, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a certified class action arising out of various alleged wage and hour violations. The Third Amended Class Action Complaint, filed on April 25, 2018, sets forth the following causes of action: (1) Failure to Pay Overtime; (2) Breach of Contract; (3) Minimum Wages; (4) Withholding of Wages; (5) Meal Period Violations; (6) R...

Excerpt: ...intiffs Yi Zheng, Lei Liu, Di Wang, and Ran Xiong (collectively, “Plaintiffs”) filed a putative class action arising out of various alleged wage and hour violations. Their Class Action Complaint (“Complaint”) sets forth the following causes of action: (1) Failure to Pay Overtime Wages; (2) Failure to Provide Meal Periods; (3) Failure to Provide Rest Periods; (4) Failure to Furnish Accurate Wage Statements; (5) Failure to Pay Earned Wages ...

Excerpt: ...arch 29, 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. The Third Amended Class Action Complaint, filed on February 1, 2018, sets forth the following causes of action: (1) Failure to Furnish Proper and Complete Itemized Wage Statements; (2) Violation of Labor Code Sections 226.7 and 512; (3) Violation...

Excerpt: ...s E. Kuhnle on March 29, 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 brought pursuant to the California Rosenthal Fair Debt Collection Practices Act (“RFDCPA”). According to the Class Action Complaint for Statutory Damages (“Complaint”), filed on February 23, 2017, plaintiff Linda Lee Carlson (“Plaintiff”), on behalf of herself and all person...

Excerpt: ...sition to defendant's motion for fees and costs, is GRANTED. (Evid. Code, § 452, subd. (d).) I. Factual and Procedural Background According to the operative complaint, Quality provides caregivers for people who are disabled or have special needs. (Complaint, ¶ 13.) Plaintiff worked for defendant as a caregiver from June 2012 to June 27, 2015. (Ibid.) She last earned $10.30 an hour and alleges that her position was non‐exempt. (Ibid.) Plaintif...

Excerpt: ...(Second Amended Complaint, ¶ 6.) During his employment, plaintiff was paid on an hourly basis as a non‐exempt employee. (Ibid.) Plaintiff alleges that Inter‐Con failed to pay security guards/officers on a weekly basis as required by Labor Code section 201.3. (Id. at ¶ 16.) Based on these allegations, plaintiff asserts a single cause of action under PAGA. II. Discovery Dispute and Relevant Procedural History On November 6, 2017, plaintiff se...

Excerpt: ...rder that Matters in Request for Admissions be Deemed Admitted and Imposing Monetary Sanctions [against crossdefendant George Li] Factual and Procedural Background First Amended Complaint Founded in January 2017, plaintiff Finclusion Labs, Inc. dba WeTrust (“Finclusion”) creates decentralized, peer‐to‐peer financial solutions that promote financial inclusion. (First Amended Complaint (“FAC”), ¶1.) In conjunction with formation of Fin...

Excerpt: ...com. They do seek emails from four other email accounts: [email protected], [email protected], [email protected], and [email protected]. As for the [email protected] and [email protected] accounts, plaintiffs make no argument concerning them in their opposition. The Court therefore grants the motion to quash for those email accounts. That leaves the [email protected] and [email protected] accounts. First, plaintiffs have not rebutted the pres...

Excerpt: ...3 date was set; b) that Plaintiff's counsel has two other trials set in June. Contrary to Defendant's contention, other trials being handled by the same trial counsel at or close to the time of trial is relevant in the continuance analysis. (See CRC 3.1332(d)(8).) Plaintiff's past litigation conduct is not dispositive on whether the Court should grant this trial continuance request. And the Court doesn't view Plaintiff's counsel's conduct as undu...

Excerpt: ...ion of the FAC. Factual and Procedural Background Plaintiff initiated this action against Defendants in November 2013, by filing a complaint for breach of contract, negligence, fraud, and violations of Business and Professions Code sections 9884.8 and 9884.9 (governing invoices and written estimates, respectively, by auto repair dealers). Plaintiff alleged that Defendants breached a contract to repair and restore his 1959 Austin Healey vehicle. S...

Excerpt: ...Story Road's intersection with Remillard Court, resulting in injuries to plaintiffs James Du, Kim T. Le and Katy N. Le (collectively, “Plaintiffs”). (See separate statement of undisputed material facts, no. (“UMF”) 1.) On June 20, 2017, Plaintiffs filed a complaint asserting a single cause of action against defendant City for motor vehicle negligence. Defendant moves for summary judgment, contending that Guerrero was not negligent in his ...

Excerpt: ...er (“Mesters”) own real property commonly known as 15645 On Orbit Drive in Saratoga (“Mester Property”). (FAC, ¶2.) The real properties owned by Plaintiffs and the Mesters share a common boundary. (FAC, ¶6.) The Mester Property is burdened by a public easement. (Id.) Defendant Pacific Gas & Electric Company (“PG&E”) installed an electrical pole and service lines pursuant to the public utility easement. (Id.) The Mesters acknowledge ...

Excerpt: ... Decedent's wallet to that effect and Plaintiffs do not dispute that the note was in Decedent's handwriting). Decedent survived the initial impact but died of his injuries at the hospital a few hours later. Plaintiffs' original and still operative Complaint filed November 10, 2015 states five causes of action: 1) Wrongful Death; 2) Negligence /Motor Vehicle (alleging Defendant violated Vehicle Code §21950); 3) Negligence Per Se; 4) Loss of Conso...

Excerpt: ...mendments extending the agreement were also made on September 15, 2014 and November 7, 2014. On March 14, 2016, Stanford terminated Plaintiff. On March 22, 2016, Plaintiff signed a release of all claims, acknowledging his termination as of March 14, 2016. Plaintiff alleges that his contract required Stanford to pay Plaintiff the amounts owed under the remaining years of his contract, except those amounts offset by his earnings from other sources ...

Excerpt: ...documents, set two (“RPD”), and for an award of monetary sanctions; and (3) the motion by Abdo to compel Wells Fargo to provide further responses to requests for admission, set two (“RFA”), form interrogatories, set two (“FI”), and special interrogatories, set one (“SI”), and for an award of monetary sanctions. Factual and Procedural Background The underlying action in this case arises from a loan whereby plaintiff Westlake Floori...

Excerpt: ... to Happy Hollow Zoo (the “Zoo”), which is operated and controlled by Defendant, to repair and replace its security system and fence damaged by a flood. The Zoo had been flooded with hazardous materials and water from Coyote Creek, which was deposited throughout the work area and presented a threat to all neighboring properties and the public at large. At the time Defendant instructed Plaintiff to respond to the purchase order, Zoo officials ...

Excerpt: ...Alexander Sabug (collectively, “the Sabugs”) in the principal amount of $328,000. (First Amended Complaint [“FAC”] at ¶¶ 16, 102.) The indebtedness was owed to Online Financial Group, a Nevada Corporation as payee. (Id. at ¶ 16.) The indebtedness under the note was secured by a Deed of Trust recorded against real property located at 4014 Shanj Court in San Jose, California (“Subject Property”). (Id. at ¶¶ 1, 16.) In February 2009...

Excerpt: ...d This is an action for breach of contract, fraud, and negligence. On July 30, 2015, Plaintiffs Hui Yang (“Yang”) and Ran Hu (“Hu”) (collectively, “Plaintiffs”) purchased property located at 1838 Charmeran Avenue, San Jose, California from defendants Hur Ling Hsiu and Hetty Teh Sun Hsiu (collectively “the Sellers”). (Complaint, ¶¶ 2, 5‐6, 7‐8, 17, 26, 28, & 51.) Ting, a licensed real estate agent, represented the Sellers. (I...

Excerpt: ...mao Zhu, LXRZ, Inc., Firetide, Inc. (“Firetide”), George Zhu (“Zhu”), Xin Liu (“Liu”), and Da Yong Guan (“Guan”) (collectively “Defendants”). As alleged in the Third Amended Complaint (“TAC”), Ampro and Consolitech are circuit board assembly and manufacturing companies owned by Elliot Wang (“Wang”) and located in Fremont, CA. (TAC, ¶¶ 1‐ 2, 23.) As Wang lived in Taiwan, he relied on individuals in California to run...

Excerpt: ...ts. Plaintiff further alleges that Defendant breached the implied warranty of merchantability and, consequently, the lemon law (i.e., the Song‐Beverly Act), when it sold the subject vehicle with the defect, which existed at the time of sale or within one year, to Plaintiff. On August 21, 2018, Plaintiff served written discovery on Defendant, including Form Interrogatories (“FI”), Set One, Special Interrogatories (“SI”), Set One, Request...

Excerpt: ...June 9, 2017, fifty percent of Garden City's shares were owned by Swallow and fifty percent were owned by Peter and Jeanine Lunardi (collectively “the Lunardis”). (Ibid.) On April 13, 2015, following several months of discussions and negotiations, Park and Swallow entered into a stock purchase agreement, whereby Swallow agreed to sell his shares in Garden City to Park for a total purchase price of $55 million (the “Stock Purchase Agreement�...

Excerpt: ...rom's Motion to Compel Plaintiff and Cross‐Defendant George Li to Provide Complete Responses to Form Interrogatories and for Sanctions Factual and Procedural Background First Amended Complaint Founded in January 2017, plaintiff Finclusion Labs, Inc. dba WeTrust (“Finclusion”) creates decentralized, peer‐to‐peer financial solutions that promote financial inclusion. (First Amended Complaint (“FAC”), ¶1.) In conjunction with formation...

Excerpt: ..., ¶ 3.) Ladden purportedly served Seitzinger with summons and complaint in the Underlying Action on April 23, 2014 by substitute service on an individual named Dan Martin, 55 years old with gray hair, 5'8” and 170 pounds, the occupant at 7392 Crews Road in Gilroy. (Complaint, ¶ 4.) However, service of process did not occur as described. (Id. at ¶ 5.) The address above is the home of Seitzinger's son, Daniel Seitzinger, but he was not at home...

Excerpt: ...tion for breach of contract, fraud, and unfair competition. CrossDefendants filed the underlying second amended complaint (“SAC”) against Lam Hauling, defendant Tinh Lam, and defendant James T. Kim on July 20, 2018. On January 2, 2019, Lam Hauling filed the operative FACC against Cross‐Defendants. According to the allegations of the FACC, prior to August 19, 2016, Lam Hauling owned and operated Leo Recycle—a recycling and waste dumping bu...

Excerpt: ...ative first amended complaint (“FAC”), Defendants entered into a contract (the “Contract”) with Plaintiffs, the owners of a single‐family residence at 19910 Robin Way in Saratoga, California (the “Property”), whereby Defendants agreed to remodel the Property. Defendants breached the Contract in various ways by failing to perform services in a competent, good and workmanlike manner; failing to perform in accordance with standards of ...

Excerpt: ...arnard”).4 Plaintiff immigrated to the United States from Lebanon in 1988 and identifies as a Lebanese‐American and Muslim‐American. (Compl., ¶ 13.) The City hired Plaintiff in 1996 and placed him on patrol duty after he graduated from the police academy the following year. (Compl., ¶ 14.) After the September 11, 2001, attack on the World Trade Center, Plaintiff began experiencing harassment based on his race, national origin, and religio...

Excerpt: ...��). According to the allegations in the second amended complaint (“SAC”), Plaintiff underwent an appendectomy on December 25, 2016. (SAC, ¶ 10.2.) On or about January 21, 2017, Plaintiff experienced symptoms of abdominal and pelvic pain, nausea, and vomiting. (SAC, ¶¶ 10.8‐10.10.) The next day, she went to the emergency room on two separate occasions; during the second visit, she was diagnosed with “abdominal pain, bowel obstruction, ...

Excerpt: ...t agreed to lease a commercial property located at 3553 North First Street in San Jose (the “Property”) to Le Holdings and Le Technology (collectively, “Tenants”). (Fourth Amended Complaint (“FAC”), ¶ 21.) When the parties first executed their 10‐year lease, Tenants paid monthly rent of $193,826.25. (FAC, ¶ 21.) In March 2017, the rent increased to $199,856.40. (FAC, ¶ 21.) Tenants have not paid rent and related maintenance expen...

Excerpt: ... Davidovits & Co., Inc. and Edward A. Davidovits (collectively, “EAD”) entered into multiple contracts with defendants SKW San Jose LLC, SKW Capital Management LLC, and Sid Weiner (collectively, “SKW”) for architectural, engineering, construction and other services related to real property. (Complaint at ¶¶ 9‐ 20.) Such contracts include the Design Build Agreement, Put and Call Option Agreement, Agreement for Construction Services, an...

Excerpt: ...Complaint Defendant is headquartered in Milpitas and engages in wholesale food sales and distribution throughout California. (Class Action Complaint, ¶ 4.) Plaintiff alleges that defendant has employed hundreds of individuals in positions that are nonexempt from the payment of minimum and overtime wages, but paid these individuals a set salary regardless of hours worked. (Id. at ¶¶ 5, 15.) He alleges that defendant also “shaved” hours and ...

Excerpt: ...on March 22, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION These are two coordinated cases arising out of alleged Labor Code violations. The Turner case is a putative class action. Turner's Class Action Complaint for Damages, filed on June 11, 2015, in Alameda County sets forth the following causes of action against Defendant TENTATIVE RULING RE: MOTION FOR CLASS CERTIFICATION 2 1 2 3 4 ...

Excerpt: ...7‐2018‐00040481‐CU‐OE‐ CTL) and (2) Gonzales v. Flagship Facility Services, Inc. (Super. Ct. Santa Clara County, No. 17‐CV‐ 316313). The parties oppose the motions to intervene, and Ceron (but not Gonzales) continues to oppose the motion for preliminary approval. I. Factual and Procedural Background Flagship provides janitorial services to clients throughout California. (Complaint, ¶ 9.) Plaintiff alleges that on or about September...

Excerpt: ...erative Complaint and Procedural Background Defendant 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 defendant as sheet metal printers, painters, and hardware operators at different periods during their employment. (Id. at ¶¶ 11‐12.) Plaintiffs allege that they and other nonexempt employees routinely worked witho...

Excerpt: ...and Trisynergy Community Management, Inc. (collectively “Defendants”). As alleged in the Complaint, around September 2006, Ortiz was admitted to Amberwood Gardens, a 24‐hour skilled nursing facility owned and/or operated by Defendants. (Complaint, ¶¶ 2‐4, 8, 10, 22, 33.) Ortiz suffered from a number of medical conditions that made her particularly susceptible to falls and injuries, including mental health and addiction issues, breathing...

Excerpt: ...ity or performance of the vehicle, or to provide compensation if there was a failure of such performance. Unfortunately, the vehicle was defective and after several attempts to repair the vehicle, Defendants were unable to repair it, and did not repurchase it, prompting the instant action. On May 16, 2018, Plaintiff propounded a second set of requests for production of documents (“RPDs”) on BMW, to which BMW provided responses on June 20, 201...

Excerpt: ...ctual property and confidential information, and used it to start her own business (Defendant Hallway Healthcare, Inc.) and interfere with Bayhealth's established business relationships. Hall filed a cross‐action and her operative Second Amended Cross‐Complaint (“SACC”) filed January 24, 2018 states claims against Bayhealth, Mercy Wey, Bayhealth's President, and Bill Hwang, its Chief Financial Officer (collectively “Cross‐ Defendants�...

Excerpt: ... was first set for hearing on February 7, 2019 and continued by the Court in order for the Defendants to submit supplemental evidence to support the hourly rates charged and the reasonableness of the time spent. Defendants submitted supplemental evidence on February 13, 2019 as ordered. Code of Civil Procedure section 425.16(c)(1) contains a mandatory fee provision for prevailing defendants: that is, except in circumstances not applicable here, �...

Excerpt: ...s ACE Capital Group (“ACE”), ACEQ Investment Group, Inc. (“ACEQ Investment”), and 230 East Street and Avenue B, LLC (collectively, the “Entities”). According to the allegations in the second amended complaint (“SAC”), ACE originally purchased undeveloped real property in an unincorporated area of the Mojave Desert (the “Property”) for $605,000 in 2006. (SAC, ¶ 20.) One year later, Qin, who was ACE's real estate broker, arrang...

Excerpt: ...ry Institute (“Plaintiff”) in order to alleviate pain caused by a herniated lumbar disc of the spine. (See complaint, ¶ 12.) On June 22, 2018, Plaintiff contacted Blue Cross to verify Patient's eligibility for benefits, and the Blue Cross agent expressly or impliedly assured Plaintiff that Defendants carried the financial responsibility to pay for Patient's anticipated medical care at the reasonable and customary value for such care and not ...

Excerpt: ...ign and/or manufacture, causing damage to the vehicle. As a result, Plaintiff paid the Insured $25,637.61 under its policy of insurance and became subrogated to the rights of the Insured for that amount. Plaintiff asserts the following causes of action against Defendant for subrogation recovery: (1) strict liability in tort; (2) breach of warranty; (3) negligence; and (4) failure to warn. Defendant, a Delaware corporation, moves to quash service ...

Excerpt: ... this motion. Moreover, the motion is not timely, as it was not filed within 45 days from service of the objection to the inspection demand, or at a minimum 45 days from the claimed refusal to allow the inspection, in August of 2018. (See CCP 2031.310(b)(2); 2016.040.) Defendants' motion for “sanctions” is also DENIED, for multiple reasons. Code of Civil Procedure, § 2023.040 states: “A request for a sanction shall, in the notice of motion...

Excerpt: ...and accompanying papers, the Court issues the following tentative ruling: 1. This Pitchess discovery scheme for discovery of peace officer personnel records applies to civil cases, not just criminal cases. (City of Hemet v. Superior Court (1995) 37 Cal.App.4th 1411, 1423–1424.) The court in Riske v. Superior Court (2016) 6 Cal.App.5th 647, 655–656, captured well the key elements of the process: Good cause for discovery of peace officer person...

Excerpt: ...t also contained an arbitration clause which Plaintiff contends governs all disputes “arising out of or related to” the Agreement. Plaintiff contends that Defendants wage claims fall squarely within the scope of the arbitration clause because they pertain to compensation owed to Defendants under the Consulting Agreement. Plaintiff argues that Defendants claims through the DSLE must be pursued instead through arbitration with the American Arbi...

Excerpt: ..., ¶ 3.) Ladden purportedly served Seitzinger with summons and complaint in the Underlying Action on April 23, 2014 by substitute service on an individual named Dan Martin, 55 years old with gray hair, 5'8” and 170 pounds, the occupant at 7392 Crews Road in Gilroy. (Complaint, ¶ 4.) However, service of process did not occur as described. (Id. at ¶ 5.) The address above is the home of Seitzinger's son, Daniel Seitzinger, but he was not at home...

Excerpt: ... E. Kuhnle on March 8, 2019, at 11:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a shareholder derivative action brought on behalf of Newco Materials Technology, Inc. (“Newco”). (Shareholder's Derivative Complaint (“Complaint”), ¶ 1.) TENTATIVE RULING RE: MOTION TO QUASH 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiffs Howard Cho and Steve Lac...

Excerpt: ... in intravascular robotics, developing products and technology designed to enable the accurate positioning, manipulation, and control of catheters and catheter‐based technologies. (Consolidated Amended Complaint for Breach of Fiduciary Duty and Violations of State Law (“Amended Complaint”), ¶¶ 56‐57.) On July 27, 2016, Auris and its subsidiary acquired Hansen for $4.00 per share in an all‐cash transaction valued at approximately $80 m...

Excerpt: ...INTRODUCTION This is a putative class action brought under the Fair Credit Reporting Act (“FCRA”). According to the allegations of the Class Action Complaint (“Complaint”), filed on July 26, 2017, defendants DHI Group, Inc. and Dice Inc. (collectively, “Defendants”) operate a web service called “Dice Open Web” that searches the internet and creates profiles on people based on information scraped from various sources, including soc...

Excerpt: ...nt 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative consumer class action brought pursuant to the California Fair Debt Buying Practices Act, Civil Code sections 1788.50‐1788.64 (“CFDBPA”). According to the Class Action Complaint for Statutory Damages (“Complaint”), filed on August 29, 2017, plaintiff Donna Louise Horner (“Plaintiff”) seeks statutory damages against defendant Crown Asset Man...

Excerpt: ...es its tentative ruling as follows: I. INTRODUCTION This is a putative class action arising out of various alleged Labor Code violations. According to the allegations of the First Amended Class Action Complaint (“FAC”), filed on January 29, 2019, defendant Intuit, Inc. (“Defendant”) has a program of unlawfully rounding employee time to the nearest five minutes, resulting in underpayment of all wages owed. (FAC, ¶ 14.) Intuit also has a p...

Excerpt: ...ovember 2016, Ahner introduced Plaintiff, who was then employed at Symantec and possessed needed software expertise to compliment Defendants' technical backgrounds, to Mullen and the three began to collaborate. (Id.) On December 12, 2016, in a series of intranet messages, Ahner communicated to Plaintiff that: he and Mullen were working with attorneys; they were naming him as a fellow co‐founder in the stock pool; he was going to get 5% of the c...

Excerpt: ...ords relating to an automobile financing transaction; recover or maintain possession of a 2015 Toyota Sienna; compel issuance of a release of lien; and enjoin any efforts to repossess the vehicle. (Complaint at ¶ B.1.) The Complaint also makes reference to “monetization and securitization transactions”; alludes to issues of fraud; generally avers various reporting entities, including Innovis, reported negative information about Plaintiffs; a...

Excerpt: ...nty. (Complaint at ¶ 1.) Immediately to the north of the subject gas meter was a parking lot for an adjacent 7‐Eleven, Inc. (“7‐ Eleven”) convenience store. (Id. at ¶ 23.) Between the gas meter and the boundary of the parking lot there were only 10 feet or so of empty space. (Ibid.) The 7‐Eleven parking lot itself had only a small parking curb and no other structure or enclosure existed along its southern boundary so as to stop or slo...

Excerpt: ...information under Civil Code section 3295, subdivision (c) . . . it must (1) weigh the evidence presented by both sides, and (2) make a finding that it is very likely the plaintiff will prevail on his claim for punitive damages. (Jabro v. Superior Court (2002) 95 Cal.App.4th 754, 755.) That means the Court must find that it is very likely that plaintiff will show by clear and convincing evidence that defendant acted with oppression, fraud, or mal...

Excerpt: ...which time Respondent mistreated him in various ways. Decedent later filed for divorce in March 2017. Around the same time, he executed estate planning documents expressly disinheriting Respondent and devising all of his assets to Petitioner, his sister. In the divorce proceeding, Decedent and Respondent executed a Stipulation and Order Re: Partial Property Settlement (“Stipulated Order”) entered on October 4, 2017, which in pertinent part ad...

Excerpt: ...to provide investment advice and manage investment accounts for clients. (FAC, ¶¶ 2‐5 & 8.) In November 2012, Dan approached Plaintiff about managing his savings. (FAC, ¶ 26.) Dan represented that the defendants would “only invest [Plaintiff's] savings in low‐risk stocks.” (Id. at ¶ 27.) “[Dan] also indicated that [Pacific Bay] would collect a small percentage of [Plaintiff's] eventual investment returns as compensation for [Pacific...

Excerpt: ...s from an alleged failure to provide written notice to Plaintiff that his applications for a loan modification and short sale were denied. According to the allegations of the operative first amended complaint (“FAC”), Plaintiff purchased real property located at 3892 Kauai Drive, San Jose (the “Property”). In order to purchase the Property, Plaintiff obtained a loan memorialized by a Deed of Trust and Promissory Note. The Deed of Trust wa...

Excerpt: ... shall not engage in abusive conduct towards Plaintiff's employees and agents, unreasonably interfere with Plaintiff's management of the community, make changes to the apartment without Plaintiff's prior written consent, or keep more than two pets in the home. (Id., Exh. 2, 2a.) The agreement further provided Plaintiff with the right to terminate the lease upon Defendant's failure to comply with any terms of the lease. (Id., Exh. 1h.) Defendant v...

Excerpt: ...ment of its medical school. (Complaint, ¶ 3.) Plaintiff performed gene therapy research in Kay's lab, first under his supervision and later under his mentorship. (Ibid.) In June 2014 and March 2016, Plaintiff was awarded two grants from the National Institutes of Health (“NIH”), which is part of the U.S. Department of Health and Human Services. (Id. at ¶ 12.) As a condition of receiving the grants, Plaintiff was required to comply with NIH ...

Excerpt: ...rking at Eat Club in February 2017, she learned of many wage‐and‐hour violations and reported these violations to the company's management. (Compl., ¶ 12.) In December 2017, Eat Club hired Tran to overhaul its employment policies and practices. (Compl., ¶¶ 13–18.) By March 2018, Tran had developed orientation and separation processes, an employee handbook, and performance review procedures, but she continued to receive pushback from exec...

Excerpt: ...r violations and discriminated against him. Regarding the wage and hour violations, Plaintiff was not provided full meal and rest breaks, accurate wage statements, his personnel file, or his final paycheck. Regarding the discrimination, Plaintiff notified Goodwill upon his hiring that he suffered from disabilities, including seizures and vascular artery disease, which required he be assigned a seated position. Plaintiff's job as a sorter worked w...

Excerpt: ...ing, assembling, marketing, distributing, and selling automobiles and other motor vehicles and motor vehicle components in Santa Clara County.” (Complaint, ¶ 4.) On or about August 7, 2012, Plaintiff purchased a 2013 Chevrolet Volt vehicle (“Vehicle”), “which was manufactured and or distributed by Defendant.” (Id. at ¶ 6.) In connection with the purchase, Plaintiff received an express warranty in which Defendant undertook to preserve ...

Excerpt: ...RTL”). (Id.) At the time of the incident, the truck and liftgate was leased by defendant RTL to plaintiff's employer. (Id.) The liftgate was designed and manufactured by defendant Maxon Lift Corp. (“Maxon”). (Id.) On February 9, 2017, plaintiffs Carlos Perezdeleon and Elizabeth Perezdeleon filed a complaint against defendants RTL and Maxon asserting causes of action for: (1) Negligence (2) Negligent Inspection and Maintenance (3) Strict Pro...

Excerpt: ...he terms of said agreement said defendants promised to pay plaintiff for all purchases and/or cash advance drafts procured by the use of the card bearing said defendants' name. (Id.) Defendants breached the cardholder agreement on or about June 24, 2014, by failing to comply with the terms and conditions of said agreement, including, but not limited to paying the amounts due. (Complaint, ¶7.) On December 29, 2015, defendant Anh K. Nguyen (“Ngu...

Excerpt: ...n Pipelines, Inc. (“Preston”) on a primary pedestrian promenade at San Jose City College, with no spotter or flagger. (See FAC, ¶ 9.) Preston was hired by the San Jose Evergreen Community College District (“District”) pursuant to a July 9, 2013 agreement. (See FAC, ¶ 10.) Preston performed excavation work to replace and relocate pipelines. (Id.) During its excavation work, Preston transferred fill material using the front loader from on...

Excerpt: ...nt's urging and Plaintiffs did not receive what they expected (and what they allege Decedent intended) from the estate upon Decedent's death on September 10, 2017. This dispute is also the subject of an action in the Probate division of this Court, case no. 18PR183155. In this action, Defendant is being sued in her individual capacity, as the alleged “personal representative” of Decedent, and as the Trustee of the 2004 Aberth Family Trust dat...

Excerpt: ...gleton's Managing Director, defendant Yifang (Jack) Wang (“Wang”) solicited plaintiff Veronica Li (“Li”) for employment with Singleton, offering plaintiff Li the position of Global Strategy Account Manager. (Complaint, ¶10.) Defendant Wang offered to match plaintiff Li's pay of $10,000 per month plus commissions and bonuses. (Id.) After plaintiff Li provided documentation confirming her salary, defendant Wang sent plaintiff Li an offer l...

Excerpt: ...ligations in the Unit Purchase Agreement (“UPA”) with Defendant. (Complaint, ¶¶ 5‐7.) In October 2018, Defendant delivered a demand for arbitration to Butler and claimed Butler owes at least $10,700,000 for breaching a provision in the UPA3 . (Complaint, ¶ 9.) Defendant contends that Plaintiffs would be liable to satisfy Butler's alleged liability for breach of the UPA. (Complaint, ¶ 10.) Plaintiffs allege Butler, and consequently Plain...

Excerpt: ...and “intimate” her. (Complaint, pp. 1‐3.) One security guard purportedly approached Plaintiff and stood “in [the] middle of the sidewalk while [Plaintiff] was standing on the street in the middle of [her] car width,” and said to Plaintiff that she “can't park here” because she was “parked in the red zone.” (Id. at p. 3.) Plaintiff further alleges that the other security guard “slowly shov[ed] her … presence towards [Plaintif...