Excerpt: ...lainant Osman Yunus Guracar ("Guracar"). (Complaint, 4-6.) Guracar applied for and received a credit account with Bank of America, N.A. ("BOA"). (ld. at 5, 7.) Guracar's contract with BOA was an installment contract. (ld. at 10 & Ex. 1.) Due to Guracar's non-payment of the account, BOA charged-off and sold the account to SLS. (ld. at 6, 8.) The last activity on the account occurred within the four years prior to the filing of the Complaint. (ld. ...

Excerpt: ...rative complaint on May 26, 2023. The complaint alleges that Pamonag was a dependent adult and inpatient at Grace, a 24- hour skilled nursing facility. (Complaint, 3, 15.) On an unspecified date, and at an unspecified facility, someone on the staff at Grace placed a cap on Pamonag's tracheostomy tube, causing her to stop breathing, suffer brain damage, and ultimately pass away on March 5, 2022. (ld. at "11, 21.) Plaintiffs allege that as a result...

Excerpt: ...on of Lin in three matters from January 2021 through approximately July 2022. (Complaint, '1 1.) The parties entered several retainer agreements pursuant to which Lin agreed to pay Plaintiffs' attorney's fees and invoices when they came due. (Complaint, 2-3.) Lin was informed ofthe Plaintiffs' legal work on his behalf, and he regularly approved of the legal work and legal invoices on an ongoing basis. (Complaint, '1 4.) Lin paid under the agreeme...

Excerpt: ...y party opposing the tentatve ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 12 January 2024. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Defendants' Demurrer to Plaintiff Amended Complaint. l. Statement of Facts. According to the allegations of the first amended complaint ("FAC"), on 10 January 2019 at approximately 11:40 p.m., defendant John La...

Excerpt: ...an Jose. Two birch trees were located on Mr. Holmes' front lawn within three feet of the shared property line. They leaked saps and had dead limbs that fell and damaged Guarascios' vehicles. (Cross-complaint 9, 10.) In February of 2022, Mathew Guarascio and Mr. Holmes met to discuss the problems that were caused by the tree closest to the property line. Mr. Holmes agreed to the removal of the tree but asked that the removal be delayed since he wa...

Excerpt: ...mber 28, 2023, alleging a single cause of achon for partition. According to the complaint, Plaintiffs reside in the Philippines and are collectively a tenant-in-common owner of a 50% interest in the Property. (Complaint, '1 3.) The Reyes Defendants are a tenant-in-common owner of the remaining 50% interest. (ld. at 4.) Plaintiffs and the Reyes Defendants acquired their interest in the Property as joint tenants through a Grant Deed recorded with S...

Excerpt: ...at Medspa, consisting of six "bikini Brazilian" treatments and six "upper leg" treatments. (Complaint at 6.) On April 12, 2022, Plaintiff attended her fourth treatment of laser hair removal therapy where Nurse Mottahed was available to treat her. (ld. at '17.) During laser treatment, Nurse Mottahed burned Plaintiff's leg forcing her to leave her appointment early. (ld. at "1 10-14.) The employees at the front desk told Plaintiff that Nurse Mottah...

Excerpt: ...the Property"). (Li SAXC, '1 8.) The Property consists of a two-floor commercial building with offce spaces. (ld. at 10.) Jialin Niu ("Niu"), the owner of 577 Campbell, also owns CSBIJ, occupying the lower floor of the Property. (ld. at '19.) Li, who owns and works for GSI Homes and GSI Properties (collectively, "GSI Entities") executed a written lease ("2018 Lease") with CSBLI for Room 107 in the Property. (Li SAXC, 11-12.) Since the execution o...

Excerpt: ...treet, San Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 12 January 2024. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Defendant County of Santa Clara's: (1) Demurrer To Plaintiff's Second Amended Complaint; and (2) Motion To Strike Portions Of Plaintiff's Second Amended Complaint. l. Statement of Facts. Pla...

Excerpt: ... Southern California to attend a cheerleading competition at Disneyland that involved her daughter. (See FAC, 18.) Hijazi and Does 1- 20 completed a walk-around inspection of the subject aircraft before it was boarded, started the right engine, and then unsuccessfully attempted several times to start the left engine. (See FAC, '1 19.) Passengers were deplaned twice before he was able to start the left engine. (ld.) The plane eventually took off a...

Excerpt: ...FAC, 1-2.) During their divorce proceedings, Tuo refused to divide and distribute their marital properties located in the United States. (FAC, '1 10.) Shi initiated this action on November 29, 2021, and, on September 29, 2023, filed an FAC, asserting: (1) breach of implied covenant of good faith and fair dealing; (2) breach of fiduciary duty; (3) negligence; (4) money had and received; (5) accounting; and (6) fraud-concealment. On December 8, 202...

Excerpt: ...use states that the courts of Indiana shall have "exclusive jurisdiction for deciding legal disputes relating to this limited warranty." Having reviewed the parties' submissions, the court concludes that the forum selection clause here is valid and that a stay is appropriate under section 410.30, subdivision (a), which provides that when a court "finds that in the interest of substantial justice an action should be heard in a forum outside this s...

Excerpt: ...with Plaintiff. "A defendant may enforce a forum-selection clause by bringing a motion pursuant to sections 410.30 and 418.10, the statutes governing forum non conveniens motions, because they are the ones which generally authorize a trial court to decline jurisdiction when unreasonably invoked and provide a procedure for the motion." CalState Business Products & Services, Inc. v. Ricoh (1993)12 Cal.App.4th 1666, 1680 (Cal-State Business); see al...

Excerpt: ...below, the Court GRANTS the motion. l. BACKGROUND Plaintiff was employed by Defendant as an hourly, non-exempt employee. (First Amended Class Action Complaint ("FAC"), 8, 14.) According to Plaintiff, Defendant failed to pay employees for all hours worked and failed to provide them with meal periods and permit rest breaks. (ld., '1 15.) Employees worked for Defendant more than eight hours per day or 40 hours per week but Defendant failed to pay ov...

Excerpt: ...alking northbound on the sidewalk of Church Street in Morgan Hill when she tripped on a protruding segment sidewalk. (Compl„ p. 4, L-1.) Plaintiff fell, landed on her face, and suffered a broken nose and severe face bruising. (Ibid.) On March 17, 2023, Plaintiff filed a Judicial Form Complaint against Crosscomplainants and the City asserting causes of action for premises liability and negligence. On June 7, 2023, Cross-complainants filed their ...

Excerpt: ...o market and sell their property (the "Property"), through real estate agents Janet Dayton ("Ms. Dayton") and Joe Alderese ("Mr. Alderese"). (SAXC, '1 9.) Intero and the Roaches subsequently entered into a Residential Listing Agreement. (ld. at 10.) Mr. Alderese observed that the Roaches drove to and from the Property via Reynolds Drive and Montgomery Roach told Mr. Alderese that the Property could be accessed on Carlson Drive. (SAXC, 12-14.) Bas...

Excerpt: ...tiffs, Jesse Granato, Stephanie Landrum, Selestia Ordway and Janice Zarad, at various dates between January 2021 and October 2021, contacted Apple and/or visited its stores due to issues with the iPhones that they had purchased, including broken screens and cameras. None of these issues were covered by the One-Year Limited Warranty that came with the phones, and Plaintiffs either paid Apple to make repairs or, in the case of Selestia Ordway, decl...

Excerpt: ...osing the tentative ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 10 January 2024. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order On Demurrer to Plaintiffs First Amended Complaint by Defendants Covidien Holding lnc and Medronic USA INC and Covidien L.P Covidien lnc, Covidien LLC, Medtronic PLC, U.S Surgical Corp and Sofradim Production SAS. l. Stateme...

Excerpt: ...s where Mummah resided at the outset of the action. On April 22, 2022, Li filed the operative first amended complaint for declaratory relief ("FAC"). On September 2, 2022, Mummah filed an answer to the FAC and a cross- complaint alleging a violation of the federal and California Fair Debt Collection Practices Acts. On March 6, 2023, Li filed a motion for judgment on the pleadings ("JOP motion") versus the answer on two grounds: 1) that the answer...

Excerpt: ...tiff Priscilla Johnson's motion for class certification, which is opposed by Defendants. As discussed below, the Court GRANTS Plaintiff's motion. l. BACKGROUND A. Factual As alleged in the operative class action complaint, in November 2019, Plaintiff rented a residential apartment in a building SCK owns in Milpitas (the "Premises") and paid a $995 security deposit. (Class Action Complaint, 2—3, 5, 18—20.) When she vacated her apartment on Jun...

Excerpt: ...nker document log that are not privileged. D. A motion by Silvaco/K. Pesic to compel production of documents against Mr. Andersen. I. Mr. Anderson's Motion to Compel After reviewing the parties' briefs and the record, the Court makes the following findings/rulings: 1. The Court will interpret Mr. Andersen's motion as a moton seeking further document responses, as well as a motion for production of documents. 2. RFPs 108-114 are overbroad. Mr. And...

Excerpt: ...n Jose ("CP Property"). Defendant owns the real property and improvements located at 6059 Cahalan Avenue in San Jose ("STTS Property"). CP Property and STTS Property are adjacent to each other, and together they project the appearance of a single shopping center. Both properties are subject to a recorded Reciprocal Easement Agreement and Declaration of Restriction ("REA"). (FAC "11, 2, 5; Ex. A.) On June 14, 2016, both properties were severely da...

Excerpt: ... which is unopposed. As discussed below, if satisfactory clarification is provided concerning whether the notice will be provided in languages other than English, the Court is inclined to GRANT the moton. I. BACKGROUND On November 17, 2022, Plaintiff filed a class action and PAGA complaint accusing Defendant of failing to: properly pay overtime wages, provide meal periods, authorize and permit rest breaks, properly pay meal and rest break premium...

Excerpt: ...C"), filed on June 7, 2021, states four causes of acton: (1) Assault and Battery (against Don only); (2) Intentional Infliction of Emotional Distress (against Don only); (3) Negligence and Negligence Per Se (against Don only); and (4) Negligent Supervision (against Glenna and Napoleon Francisco (Don's parents) and Kelly Ng (Don's girlfriend)). The FAC alleges that Don sexually assaulted Jane Doe 1 "[flor approximately four years" starting when sh...

Excerpt: ...s discussed below, the motion is GRANTED. l. BACKGROUND According to the allegations of the operative complaint ("Complaint"), on July 6, 2017, the Property was sold to U.S. Bank at a trustee's sale under a power of sale contained in a deed of trust executed by Defendant on January 10, 2007. (Complaint, '1 5, Exhibit 1.) U.S. Bank alleges that it duly perfected its title by recording the Trustee's Deed upon Sale on July 20, 2017. (Id„ 6, Exhibi...

Excerpt: ...ft Hotel in Sunnyvale (the "Project"). (Complaint, 8.) S.D. Deacon ("Deacon") had subcontracts with defendants DKS, Inc. ("DKS") and Cal-Delta Plumbing Inc. ("Cal-Delta") to perform the plumbing work. (Complaint, 10.) The agreements included an obligation to indemnify and defend Deacon, as well as to obtain insurance and name Deacon as an additional insured on that insurance. (Ibid.) DKS and Cal-Delta caused and/or contributed to the damages to t...

Excerpt: ... Craig urban, co- founded and co-owned: the complaint sets forth two causes of action for professional negligence against Cheng. Cheng now argues—with no explanation as to why this argument is being raised here for the first time, nearly two and a half years after this court (Judge Kirwan) overruled her demurrer to the complaint— that Scott Urban should have named two other parties as defendants in his complaint: Craig Urban and CH Pension Se...

Excerpt: ...t motion. In the alternative, Yau requests reconsideration of the court's order granting the motion to quash under Code of Civil Procedure section 1008. The court GRANTS the motion under section 473(b) and sets a new hearing on Defendants' motion to quash for February 29, 2024 at 9:00 a.m. in Department 10. Defendants argue that relief is unavailable under section 473 and that Yau's current motion is properly one for reconsideration only, but the...

Excerpt: ... 2023, sets forth causes of achon for: (1) Violation of Cal. Labor Code SS 510 and 1198 (Unpaid Overtime); (2) Violation of Cal. Labor Code SS 226.7 and 512, subd. (a) (Unpaid Meal Period Premiums); (3) Violation of Cal. Labor Code S 226.7 (Unpaid Rest Period Premiums); (4) Violation of Cal. Labor Code SS 1194, 1197, and 1197.1 (Unpaid Minimum Wages); (5) Violation of Cal. Labor Code SS 201, 202, and 203 (Final Wages Not Timely Paid); (6) Violati...

Excerpt: ...ious wage and hour violations. The Complaint, filed on August 1, 2019, sets forth claims for: (1) Violation of California Labor Code SS 510 and 1198 (unpaid overtime); (2) Violation of California Labor Code SS 226.7 and 512(a) (failure to provide meal periods); (3) Violation of California Labor Code S 226.7 (failure to provide rest periods); (4) Violation of California Labor Code SS 1194, 1197 and 1197.1 (unpaid minimum wages); (5) Violation of C...

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

Excerpt: ...2) Arvind Srinivasan v. ZL Technologies, Inc., et al. (Case No. 20CV373027); (3) Arvind Srinivasan v. ZL Technologies, Inc. (Case No. 20CV373149); (4) ZL Technologies, Inc., et al. v. Arvind Srinivasan (Case No. 21CV378097); and (5) Arvind Srinivasan v. ZL Technologies, Inc. (Case No. 21CV382329). On August 29, 2022, the court (Hon. Patricia M. Lucas) entered an Order Re: Pretrial and Trial Dates, which set the date for completion of written disc...

Excerpt: ...CS's Head of People Operations and Plaintiff's manager. (ld. 5-6.) Plaintiff alleges Hu and Beisel are joint employers with CS. (ld. 4-6.) The Complaint, filed on April 4, 2023, alleges causes of acton for: (1) Discrimination Based on Pregnancy; (2) Failure to Accommodate; (3) CFRA Interference; (4) CFRA Retaliation; (5) Discriminaton Based on Sex; (6) Wrongful Termination in Violation of Public Policy; (7) Retaliation; (8) Failure to Prevent Dis...

Excerpt: ...Plaintiff designs, manufactures, and sells electric cars, electric vehicle powertrain components, as well as scalable energy generation and storage products. (FAC, 36.) Plaintiff sells successful electric vehicles and is poised to enter the pickup truck market, with over 500,000 reservations for its highly anticipated Cybertruck. (Ibid.) Defendants Rivian Automotive, Inc. and Rivian Automotive, LLC (collectively, "Rivian") are a prospective elect...

Excerpt: ...vil Penalties Under the Private Attorneys General Act (Labor Code SS 2698, et seq.). Defendant C2 Educational Systems, Inc. ("Defendant") now moves for an order compelling Plaintiff to arbitrate her individual PAGA claim and staying her representative PAGA claim. Plaintiff opposes the motion. II. LEGAL STANDARD "The FAA [Federal Arbitration Act], which includes both procedural and substantive provisions, governs [arbitration] agreements involving...

Excerpt: ... employee, and/or authorized agent of PCM. (ld. at 10.) On or around January 9, 2007, Nguyen incurred a financial obligation in the form of a Home Equity Line of Credit ("HELOC") issued by JPMORGAN CHASE BANK, N.A. ("Chase Bank"). (FAXC, 14.) On or around May 31, 2009, Nguyen made his last payment to Chase Bank and no further payments were made. (FAXC, '1 15.) On or around October 15, 2019, the debt was sold or resold to PCM for collection purpos...

Excerpt: ...with a group called MVLA Neighborhood Cares. (See SAC, '1 18, exh. 2.) District has failed to take the necessary steps as promised to manage traffic and parking and respond to complaints within five days, instead actively ignoring and retaliating against Plaintiff's attempts at communicaton. (See SAC, 19-20.) On February 19, 2022, Plaintiff allegedly engaged in a third peaceful "protest" on the MVHS football field, interfering with games on the f...

Excerpt: ...ny party opposing the tentatve ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 08 January 2024. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motion of Plaintiff For Preferential Trial Setting. l. Statement of Facts. Plaintiff filed this complaint for damages and equitable relief on 28 July 2023.11 The complaint generally alleges that plaintiff is c...

Excerpt: ...tal consultant initially detected hazardous substances contamination in the subsurface of the Site, detecting PCE and its degradation products, including trichloroethylene (TCE), in excess of the legal screening level for these chemicals. (See SAC, 33.) upon discovery of contamination at the Site, Plaintiff retained environmental consultant Genesis Engineering & Redevelopment, Inc. ("Genesis") to perform an investigation pursuant to the requireme...

Excerpt: ...rty opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 08 January 2024. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Orders On Defendant Sl 51, LLC's Demurrer and Motion To Strike. l. Statement of Facts This is a landlord-tenant matter. Plaintiffs Linda Thy and her minor child (collectively, "Plaintiffs") lived in a rental property locat...

Excerpt: .... Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 08 January 2024. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order On Motion of Defendants to Compel Arbitration. I. Statement of Facts. This action was filed on 21 February 2023.5 The 33-page complaint alleges causes of action for: 1. Breach of Contract, the "Agreement to P...

Excerpt: ...n Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 08 January 2024. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order Motion of Defendant/cross- Complainant Ninos Ternian To Deem Cases to Be Related. l. Statement of Facts. These two brothers have been involved in similar litigation in four different lawsuits. The third...

Excerpt: ...aches a January 2019 asset purchase agreement that governs the sale of "A Special Place Schools" by Allen to Devinder and Anoma Singh for $285,000.00 (the "Agreement"). (See Complaint, 8-10, Exhibit 1.) According to the complaint, the Agreement provided that Amazing Stars would tender $185,000.00 in cash to Allen and pay the remaining $100,000.00 through monthly installments over a 36-month period at a seven percent annual interest rate (the "Car...

Excerpt: ... Nguyen (Nguyen's wife) and Nguyen Thi Ngoc Qui (Nguyen's daughter). In addition, these cases include cross- complaints involving several of the same parties, as well as Little Saigon Plaza Sacramento LLC ("Little Saigon"), a former "partnership" between Luong and Nguyen that Luong apparently now controls. In each of these cases, Nguyen previously filed a "Motion to Set Aside Default, Default Judgment, Summary Adjudications, Charging Orders, and ...

Excerpt: ...ney's fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorney's fees reasonable in relation to the work expended and costs"][emphasis added].) Cross-complainant's memo in support of his moton likewise request attorney's fees pursuant to section 1692k, subd. (a)(3). (See Cross-complainant's Memo, pp. 31:15-3...

Excerpt: ... This action arises out of a tenant's purported failure to pay rent and other amounts due under a commercial lease. According to the Complaint, Plaintiff owns property located at 580-K N. Rengstorff Avenue in Mountain View (the "Premises"). (Complaint, 91.) On September 15, 2016, Plaintiff ROIC Pinole Vista, LLC's ("ROIC") predecessor-in-interest and Defendants Oscar Munoz, Raquel Munoz and Taqueria La Bamba, LCC (the "Taqueria") entered a writte...

Excerpt: ... to the Estate of Timothy Swihart, Deceased (collectively, “Plaintiffs”) NOTICE: OK RELIEF REQUESTED: Moving Defendants demur to the second, third, and fourth causes of action in Plaintiffs' complaint. Moving Defendants also seeks an order striking Plaintiffs' references to punitive damages and attorney fees from the complaint. TENTATIVE RULING: The demurrer is sustained as to Plaintiffs' second and fourth causes of action and overruled as to...

Excerpt: ...ing party. Thuerk now seeks attorney's fees in the amount of $75,037, plus $11,059.15 in costs. The court GRANTS in part and DENIES in part the motion. There is no dispute that Thuerk is entitled to attorney's fees; the only dispute between the parties is over the amount of those fees. The court finds that Thuerk's counsel's billing rates are reasonable for this type of case ($300-$625 per hour). Indeed, the court has found similar rates to be re...

Excerpt: ...led by (1) the County of Santa Clara (the "County"), (2) the universal Protectionaffiliated Defendants, and (3) the VTA, all of which are opposed by Ms. Gil. As discussed below, the County and Universal Protection's demurrers to the SAC are SUSTAINED WITHOUT LEAVE TO AMEND and the VTA's demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the fourth cause of action and SUSTAINED WITH 30 DAYS' LEAVE TO AMEND as to the first, second and third causes ...

Excerpt: ...ODUCTION on May 26, 2021, then Valley Transit Authority ("VTA") employee Samuel Cassidy shot and killed nine coworkers at a VTA facility in San Jose. Many of the decedents' heirs and estates have sued VTA, Santa Clara County ("the County"), and various security companies. Currently before the Court are: (1) demurrers filed in each of the above- captioned cases (except for the Balleza case) by the County ("County Demurrer"); and (2) demurrers file...

Excerpt: ...ating to the construction of a surgery center located at 2039 Forest Avenue, San Jose, CA 95128 ("Surgery Center"). According to Physician Surgery, due to Shultz's negligence, the electrical system failed to meet the applicable standard and specification or to pass inspection until October 11, 2019, resulting in substantial costs, expenses, and lost profits. Physician Services also alleges: "Due to a typographical error, the contract misspelled '...

Excerpt: ... demurrer, filed on December 8, 2023, was untimely, and that it was filed after a default should have been entered by the clerk's office on November 30, 2023. The court disagrees with Zheng's argument that he had until December 12, 2023 to demur or otherwise respond to the complaint. That is based on the erroneous premise that the court's November 16, 2023 order on his (and Ni's) second motion to quash, as well as the Appellate Division's Novembe...

Excerpt: ...th District Court of Appeal ("Court of Appeal") and Plaintiff later cross-appealed. While the appeal was pending, the parties negotiated a settlement. Before the Court is Plaintiff's motion for final approval of settlement and motion for attorney's fees, costs and incentve award, both of which are unopposed. For the reasons discussed below, the Court GRANTS the motions. l. BACKGROUND In 2015, Plaintiff filed the lead case (the "2016 Acton"). In 2...

Excerpt: ...hich is opposed by Plaintiff. As discussed below, the Court SUSTAINS the motion, in part with leave to amend and in part without leave to amend. XVII. BACKGROUND A. Factual As alleged in the SAC, nine of Mr. aertolet's coworkers were killed in a mass shooting perpetrated by a fellow employee of the VTA on May 26, 2021. (SAC, '18.) The shooting took place at the VTA's Guadalupe Division facility which is located in the Civic Center neighborhood of...

Excerpt: ...led on May 18, 2023, states two causes of action: (1) Violation of the Song-Beverly Act—Breach of Express Warranty, and (2) Fraudulent Inducement—concealment. The complaint alleges that, as part of the purchase of the subject vehicle, Ramadoss entered into an express written contract with Honda, a warranty agreement that is attached to the complaint as Exhibit 1. (Complaint at 9.) The complaint alleges that Honda was aware of the sensing defe...

Excerpt: ...se suffered by Plaintiff when she was a student at St. Aloysius. (SAC, '1 28.) In 1997, when Plaintiff was four years old, she participated in school related and after-school activities at St. Aloysius. (SAC, 30.) Father Benedict Van Der Putten ("Van Der Putten") was a priest at St. Aloysius and he sexually abused and assaulted Plaintiff multiple times from 1997 to 1999, when Plaintiff was six years old. (Ibid.) Van Der Putten's inappropriate beh...

Excerpt: ...ors or co-obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co-obligors." If the trial court makes a finding of good faith, then that determination "shall bar any other joint tortfeasor or co-obligor from any further claims against the settling tortfeasor or co-obligor for equitable comparative contributio...

Excerpt: ... Cloud to store data made the Technology potentially lucrative. (Ibid.) In April 2015, Plaintiff validated the commercial feasibility of the Technology and began working full time to develop a prototype. (FAC at 10.) In that regard, Plaintiff desired to create a team to help develop the prototype. (Ibid.) Plaintiff had previously met defendant Balaji Parimi ("Parimi") in 2000 and the two had prior work experience in the technology sector and star...

Excerpt: ...2 through 823, public entity liability based on the torts of government employees and/or government contractors under Government Code sections 815.2 and 815.4 and Vehicle Code section 17001. On July 15, 2021, Defendant filed an answer. On December 19, 2022, the Court granted Defendant's motion to compel responses to form interrogatories (set two) and ordered Plaintiff to serve code- compliant discovery responses within 30 days. On January 19, 202...

Excerpt: ...c and Legislative Affairs Division ("Division") of the Registrar of Voters ("ROV"). (FAC, 915.) Defendant County originally hired Plaintiff as a temporary employee or what defendant County refers to as an extra help appointment. (ld.) In August 2019, Plaintiff began reporting to defendant Evelyn Mendez ("Mendez") who recognized Plaintiff's value to the Div-sion/ ROV. (FAC, 916.) For instance, during her time managing the ROV's social media, Plain...

Excerpt: ...ina is over the age of 80. (ld. at 11.) On April 8, 2022, Mr. Medina received notice from the senior regional manager of BAP, which stated that the owners of the building intended to relocate to the area and move into Plaintiffs' unit. (FAC, 12.) The Property owner, and manager, had knowledge that the owner would not actually move into the Plaintiffs' unit and the owners had no legal basis for evicting Plaintiffs. (ld. at 13, 14.) upon eviction, ...

Excerpt: ...Roes 1-25 for indemnity, declaratory relief, contribution, and apportionment of negligence. On March 8, 2023, Carbone and Porsche filed an answer. On March 28, 2023, Carbone amended the complaint to include Defendant Lyft, Inc. (“Lyft”) as Doe 1. On June 23, 2023, Lyft filed an answer. On September 29, 2023, the Court found that this case (22STCV36892) and case number 22STCV21671 are related within the meaning of California Rules of Court, ru...

Excerpt: ...TMS. The court finds that MCI has moved promptly to bring this proposed amendment and that granting it will not prejudice any other party. The court grants the motion, except to the extent that purports to add Taylor Morrison of California, LLC ("TMC") as a cross-defendant. This motion was alluded to in the briefing on TMC and TMS's motion for determination of good-faith settlement, which was heard by the court on November 28, 2023. It was the co...

Excerpt: ...h includes the following arbitration provision: BINDING ARBITRATION FOR CALIFORNIA VEHICLES ONLY PLEASE READ THIS SECTION IN ITS ENTIRETY AS IT AFFECTS YOUR RIGHTS THIS SECTION DOES NOT PRECLUDE YOU FROM FIRST PURSUING ALTERNATIVE DISPUTE RESOLUTION THROUGH BBB AUTO LINE AS DESCRIBED IN THE "ALTERNATIVE DISPUTE RESOLUTION" PROVISION IN SECTION 3 OF THIS HANDBOOK. If you purchased or leased your Gensis vehicle in the State of California, you and w...

Excerpt: ...Roes 1-25 for indemnity, declaratory relief, contribution, and apportionment of negligence. On March 8, 2023, Carbone and Porsche filed an answer. On March 28, 2023, Carbone amended the complaint to include Defendant Lyft, Inc. (“Lyft”) as Doe 1. On June 23, 2023, Lyft filed an answer. On September 29, 2023, the Court found that this case (22STCV36892) and case number 22STCV21671 are related within the meaning of California Rules of Court, ru...

Excerpt: ...4.) Pursuant to the Ground Lease, the lessor provided plaintiff Bay 101 with an option to purchase the Original Premises for $15,245,000. ("Original Option Agreement"). (Complaint, "4 — 5.) On or about 15 November 1993, plaintiff Bay 101, as tenant, and Bumb & Associates, as landlord, entered into a lease ("Building Lease") whereby Bumb & Associates agreed to lease to plaintiff Bay 101 a to-be-constructed two-story, 75,000 square foot building ...

Excerpt: ...njured three victims and killed two others. Grace Solutions provides emergency shelter for the unhoused throughout San Jose, CA. (Grace Solutions Reply to James Chelley's Opposition to Separate Statement of Undisputed Facts "RSSUF" Nos. 1 & 2.) In 2021, Grace Solutions entered into an agreement with Defendant GRACE BAPTIST CHURCH to utilize their space for Grace Solutions' emergency shelter for the unhoused. (RSSLJF No. 3.) At the time of the inc...

Excerpt: ...nspect, maintain, monitor, and keep free from hazards an area of landscape adjacent to the sidewalk which had landscaping bender board protruding from the ground and encroaching onto the sidewalk in the area nearest the Property's driveway. (Ibid.) The protruding bender board was a hidden and dangerous obstacle to Plaintiff and proximately caused Plaintiff to trip, fall, and sustain injuries to her health, strength, and activity. (Complaint, 6, 1...

Excerpt: ...ses of action for breach of contract and common counts. Plaintiff moves for summary judgment. l. PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Plaintiff's burden on summary adjudication The moving party bears the initial burden of production to make a prima facie showing that there are no triable issues of material fact—one sufficient to support the position of the party in question that no more is called for. (Aguilar v. Atlantic Richfield Co. (2001...

Excerpt: ...assigned her to obtain travel documentation related to Lee's brother and his mistress. (Ibid.) Following their meeting, Lee "lured YANG to the united States with the promise of lucrative opportunities at Stanford and in the Silicon Valley investment world." (FAC at '14.) Lee holds himself out as the senior advisor of the former CEO of Stanford Health and as an investor working at Stanford university. (ld. at 3, 7.) Throughout their relationship, ...

Excerpt: ...plaint alleging a single cause of action under the Private Attorneys General Act of 2004. (Complaint, 2 & 21 On April 20, 2021, defendants Food Management Partners, Inc., Buffets, LLC, and FMP-Ovation Payroll, LLC (collectively "Defendants") notified this court that they filed a petition for chapter 11 bankruptcy. On October 11, 2022, Spencer Skeen ("Skeen"), Tim Johnson, and Jesse Ferrantella, attorneys with the law firm of Ogletree, Deakins, Na...

Excerpt: ...wing causes of action: (1) Failure to Pay Minimum Wages (Labor Code SS 1194, 1197, 1197.1, 1198, 1199); (2) Failure to Reimburse Work Related Expenses (Labor Code S 2802); (3) Failure to Provide Timely Rest Periods and/or Pay Rest Period Premiums (Labor Code S 226.7 and S 12 of IWC Wage Order No. 5); (4) Failure to Provide Timely Meal Periods and/or Pay Meal Period Premiums (Labor Code SS 226.7, 512, and S 11 of IWC Wage Order No. 5); (5) Failure...

Excerpt: ...Decedent's children. (PLD-PI- 001, MC-025.) The Complaint alleges that on November 12, 2020, Defendant hired Decedent to cut down and remove trees from his private property located at 18702 Bear Creek Road, Los Gatos, California, 95033 ("Subject Property"), knowing that Decedent did not have a contractor license. Defendant allegedly negligently created a dangerous condition on the Subject Property and failed to warn or guard the Decedent against ...

Excerpt: ...ctober 3, 2023, after the court overruled in part and sustained in part a demurrer to the first amended complaint. The present demurrer concerns Encore's cross-complaint, filed on June 9, 2023, which states causes of acton against Hacker for: (1) Breach of Fiduciary Duty; (2) Conversion; (3) Common Counts; and (4) Imposition of Constructive Trust. The cross-complaint alleges that Hacker was the Chief Executive Officer of Encore from 2010 to 2016 ...

Excerpt: ...t deed recorded on July 12, 2016 ("Julio Vesting Deed"). (Complaint, 98.) The purchase price for the Julio Property was $850,000 financed in part by a loan from Bank of America in the amount of $680,000 evidenced by a note executed by plaintiff Kalawade and defendant Chauhan as borrowers ("80FA Mortgage") and secured by a deed of trust executed by plaintiff Kalawade and defendant Chauhan as trustors and recorded against the Julio Property on July...

Excerpt: ...ter of Agreement ("LOA") that was allegedly entered into on April 21, 2020. (See Complaint at "1 5-8.) The complaint states three causes of action: (1) Breach of Contract (alleging a failure to pay for materials and finished goods in breach of the LOA); (2) Breach of the Implied Covenant of Good Faith and Fair Dealing (again alleging a failure to pay for materials ordered under the LOA); and (3) Promissory Estoppel (alleging reasonable reliance o...

Excerpt: ...ly injury and harm to Plaintiff (Complaint, "12 — 13.) The walkway was situated within improved public property owned, occupied, and controlled by defendants County of Santa Clara ("County"), City of San Jose ("City"), State of California ("State"), and California Department of Transportation ("Caltrans"). (Complaint, 912.) Defendants carelessly and negligently installed, used, controlled, maintained, and/or inspected the subject area so as to ...

Excerpt: ... cyber-related insurance risks. (Amended Complaint ("AC"), 2.) Defendant/crosscomplainant is a software company that provides software for secure electronic file sharing and services to customers. (ld., '1 5.) Defendant/cross- complainant developed and sold licenses for software called File Transfer Appliance ("FTA"), which it marketed as a secure method of transferring files. (ld., 7.) Insured A was Plaintiff's insured and one of Defendant's FTA...

Excerpt: ...d a financial relationship with Plaintiff on July 20, 2018. (FAC, 14.) Oracle knew its representation about Plaintiff's compensation was false. (ld. at '1 17.) Plaintiff relied on Oracle's representation when it began sharing its know-how and expertise with Oracle. (ld. at '1 15.) By September 2019, Oracle had changed its arrangement with Plaintiff and declared that a referral fee financial scheme was no longer available to Plaintiff. (ld. at '1 ...

Excerpt: ...of Court 3.1308, the Court issues its tentatve ruling as follows. l. Background This is an action arising out of the alleged improper suspension of a kindergarten student at Ruskin Elementary School ("Ruskin"), which is in the District. On June 6, 2019, a teacher allegedly saw Aygulina pinning another girl ("K") against the wall and trying to kiss and fondle her. (FAC, 17.) Aygulina was suspended for one day, which was the last day of school and ...

Excerpt: ...vidence or appears reasonably calculated to lead to the discovery of admissible evidence." (Code Civ. Pro. S 2017.010.) Everything that is relevant to the subject matter is presumed to be discoverable. (ld.) The Discovery Act further declares that "the court shall limit the scope of discovery" if it determines that the burden, expense, or intrusiveness of that discovery "clearly outweighs the likelihood that the information sought will lead to th...

Excerpt: ...ts filed and unlawful detainer action to remove Plaintiff from the Property, and Plaintiff filed the instant lawsuit asserting (1) Breach of Implied Warranty of Habitability, (2) Breach of the Covenant of Quiet Enjoyment, (3) Nuisance, (4) Negligence, (5) Violation of San Jose Municipal code Section 17.23.1250(A), (6) Violation of San Jose Municipal Code Section 17.23.010, et. seq., (7) Violation of San Jose Municipal Code Secton 17.20.900, et. s...

Excerpt: ...ontrol of his assets and companies." (July 20, 2022 Order at p. 1:19-22.) At the most recent hearing, on June 20, 2023, the court heard three motions from the parties. Now before the court are five more motions: (1) Defendants' motion to file under seal documents related to Adult Protective Services ("APS") records; (2) the State Bar of California's motion for a protective order (and request for sanctions); (3) Defendants' motion to compel Lee to...

Excerpt: ...be brought to trial within five years after the action is commenced against the defendant." Dismissal of cases not brought to trial within this timeframe is mandatory. Code of Civil Procedure section 583.360, titled "Dismissal", states: (a) An action shall be dismissed by the court on its own motion or on motion of the defendant, after notce to the parties, if the action is not brought to trial within the time prescribed in this article. (b) The ...

Excerpt: ...ther. Currently before the court is a motion for "summary interlocutory judgment," filed by Diana on November 1, 2023. II. ACTIONS FOR PARTITION "A co-owner of real or personal property may bring an action for partition." (Code Civ. Proc., S 872.210.) As a general matter, "partition" is "the procedure for segregating and terminating common interests in the same parcel of property." (14859 Moorpark Homeowner's Assn. v. VRT Corp. (1998) 63 Cal.App....

Excerpt: ...anty with AMH. During the warranty period, the Vehicle's Honda Sensing system suffered from defects. (Complaint, "1 15-19.) According to material AMH provided to dealers, certain environmental and roadway conditions, such as bad weather, can affect the operation of Honda Sensing. (Complaint, '1 20.) Honda's owner's guide failed to disclose this information to Plaintiff. (Complaint, 21.) AMH, according to Plaintiff, knew that Honda Sensing had fau...

Excerpt: ... Shaw, SUSTAINS it IN PART and OVERRULES it IN PART. The motion to strike is MOOT as to CSU and GRANTED as to Mr. Shaw. I. BACKGROUND A. Factual According to the allegations in the SAC, for over fourteen years, Mr. Shaw, who was San Jose State university's ("SJSU") head athletic trainer, sexually abused countless female student athletes during allegedly sports-related massages by inappropriately and without consent touching them in their private ...

Excerpt: ...counties do not provide and that Midpen is subject to California's laws pertaining to government contracts. Plaintiff filed this action on November 23, 2022, seeking a declaratory judgment, injunctive relief, and damages against Midpen for Midpen's alleged failure to follow the Ralph M. Brown Act (Govt. Code 554950, et. seq.) ("Brown Act") when it awarded a contract for stables concessionaire at Bear Creek Stables to Chaparral Country Corporation...

Excerpt: ...bedded finance platform enabling any organization to launch financial application products in a safe, compliant, and efficient manner. (FAXC, '1 7.) Taekus is a fintech startup payment card company that provides banking services and reward cards to consumers and businesses. (FAXC, '17.) Each time a consumer "swiped" their Taekus debit card to make a purchase, a series of complex transactions would take place that had the effect of debiting the co...

Excerpt: ...f obtained a mortgage loan on property located at 191 Curry Avenue in Morgan Hill (the "Property") from LoanCity.com in the amount of $569,700M, memorialized by a Deed of Trust. (FAC, '1 11.) The maturity due date is February 1, 2034. (Ibid.) The Trustee was First American Title. (Ibid.) Mortgage Electronic Registration System, Inc. ("MERS") was delineated as Beneficiary solely as nominee for the Lender. (Ibid.) On April 5, 2022, an assignment of...

Excerpt: ...r the purchase of a 153-acre parcel of real property located at 23760 Alamitos Road in San Jose ("Property") from Twin Creek Properties LLC (" CP"). (Second Amended Complaint ("SAC"), SITI — 2 and Exh. A.) The Purchase Agreement unambiguously identifies the Marosis in their individual capacities. (SAC, 93.) The Purchase Agreement was faxed to Fidelity National Title Company of California ("Fidelity Title") on or about May 17, 2013. (SAC, 94.) F...

Excerpt: ...nchoscopy. (FAC, '1 2.) While Dr. Nathan was under anesthesia, the anesthesiologist left him for crucial minutes, during which he suffered a stroke. Failing to detect the stroke, Stanford staff wrongly concluded that Dr. Nathan had suffered a heart attack and did not conduct a physical or neurological examination until 48 hours after the procedure. Dr. Nathan was released on March 16, 2022, and has since been recovering in Santa Barbara. (FAC, '1...

Excerpt: ... services. (See FAC, 7.) Plaintiff provided legal services and advanced costs and expenses for District and invoiced District for those services, costs and expenses. (See FAC, 8.) District has failed to pay the remaining balance of Plaintiff's legal invoices, totaling $336,016.42 in unpaid legal fees and costs, as well as the contractually agreed service charge and interest. (See FAC, 9.) On May 1, 2019, Plaintiff served District with a claim for...

Excerpt: ...23, finding that Northrup failed to provide wage statements that complied with Labor Code Secton 226 ("Section 225") by (1) using two-separate wage-related documents to provide all legally-required information instead of one, (2) not listing the correct employer name and (3) not permitting a reasonable employee to use simple math to calculate total hours worked when overtme hours were listed on the pay statement. The Court awarded in classwide da...

Excerpt: ...rties reached a settlement whereby FCA would pay Pewsey $38,000 and allow Pewsey to retain possession of his 2014 Dodge Ram 5500 truck. Pewsey now seeks attorney's fees in the amount of $102,220.50 plus $9,980.90 in costs. The court GRANTS the motion in large part and DENIES it in small part. There is no dispute that Pewsey is entitled to attorney's fees under the Song-Beverly Act; the only dispute between the parties is cwer the amount of those ...

Excerpt: ...ver the age of forty years old, sues under Assembly Bill 218 (codified as Code of Civ. Proc. 5340.1) In his first amended complaint ("FAC") Plaintiff alleges (1) negligence, (2) negligence supervision, (3) negligent hiring/retenäon, (4) negligent failure to warn, train of educate, (5) sexual harassment (Civil Code S 51.9), and (6) sexual harassment. II. Legal Standard A defendant may move for judgment on the pleadings when the "complaint does no...

Excerpt: ... Abbott. As discussed below, Plaintiffs' motion is GRANTED IN PART and DENIED IN PART. l. BACKGROUND According to the allegations of the operative First Amended Complaint ("FAC"), filed on October 9, 2020, Defendant is a health care company that manufactures, markets, and distributes pediatric nutrition shakes for consumption by children ages one to thirteen under its PediaSure brand. (ld. at '13.) By placing statements such as "Complete, Balance...

Excerpt: ...BDII codes," vehicle symptom codes," "vehicle component repair codes," "customer complaint codes," and "labor operation codes" for the 2017 GMC Sierra 1500. Martin points out that "Plaintiff's counsel has several hundred cases pending against Defendant and Defendant's counsel, and has litigated hundreds of others" involving these issues. (Memorandum of Points and Authorities at p. 3:2-3.) This court has quite a few of those cases. In two of them,...

Excerpt: ...lephone Line Tax fees due to the City of San Jose (the "City") to fund its 911 emergency response telephone system. Before the Court is Plaintiff's motion to vacate the Court's December 2, 2021 order dismissing this case without prejudice for failure to appear at a hearing on an Order to Show Cause, which is opposed by Defendants. As discussed below, the Court DENIES the motion. l. BACKGROUND Plaintiff initiated this acton with the filing of the ...

Excerpt: ...tersection of Tully Road in San Jose. (Complaint, '1 6.) Plaintiff Carmen Sandoval Duffy suffered serious injuries when she tripped and fell due to a change in elevation of the pavement that was not properly marked. (ld., 13-14.) Plaintiff filed a government entity claim with each defendant. (Complaint, '1 12.) On September 27, 2023, Plaintiff filed a complaint against defendants City, County, and State, asserting causes of action for: (1) Neglig...