Excerpt: ...below, Plaintiff' s motion is GRANTED. I. BACKGROUND According to the allegations of the operative Complaint (“Complaint”), Ms. Velasco was employed by Bright Matters, which provides cleaning and janitorial services throughout the state of California, as a janitor from appr oximately September 2021 until her termination in January 2022. Ms. Velasco alleges that she and other aggrieved employees were willfully misclassified as independent con...

Excerpt: ...is Plaintiff s' motion for final approval of settlement, which is unopposed. As discussed below, the Court GRANTS the motion. I. BACKGROUND Plaintiffs began employment with Defendant in September 2019 and ended their employment in April 2022. (First Amended Class Act ion Complaint (“FAC”), ¶ 3.) Both Plaintiffs were employed by Defendant as hourly, non- exempt employees. (Ibid.) According to Plaintiffs, they were sometimes required to work ...

Excerpt: ...ecompensated heart failure. (Ibid.) Based on Decedent's medical history, Good Samaritan knew or should have known that Decedent was at high risk of developing pressure sores. (SAC, ¶ 15.) Decedent presented with wounds in her right and left legs. (Ibid.) Pressure sore protocol sho uld have been instituted and followed at Good Samaritan. (Id. at ¶ 16.) Decedent suffered the development and/or worsening of pressure sores while at Good Samaritan. ...

Excerpt: ... attached to Dec. of Fineman. Defendant is correct that Plaintiff was not a party to the contract, and therefore lacks standing to bring suit. California law provides that “[e]very action must be prosecuted in the name of the real party in interest[.]” Code Civ. Proc. § 36 7. A real party in interest is generally defined as “the person possessing the right sued upon by reason of the substantive law.” Redevelopment Agency of San Diego v....

Excerpt: ...rty located at 1343 San Juan Avenue in San Jose, California (“Property”) upon the death of his mother, Maria Castaneda (“Castaneda”). (Complaint at BC -4.) Upon Salvador's death or sale of the Property, Plaintiff was to be provided with her share a s issue of Castaneda.1 (Ibid.) On November 26, 2022, Salvador died and Plaintiff discovered that he transferred the Property into his trust to be given to Defendant, his wife, upon his death. (...

Excerpt: ...that she and simila rly-situated dancers were employed by Defendants AJ's LLC and its owner, Paul Gill, from approximately May 1, 2013, until April 22, 2017, but were misclassified as independent contractors. AJ's Restaurant & Bar (“AJ's”) was a fictitious name for a sole pro prietorship owned by Andrea Russo until he passed away in May 2021. The restaurant closed in 2020 during the Covid pandemic and never reopened, as admitted by Plaintif...

Excerpt: ...y are in the legal cu stody of defendant County. (Id.) Defendant County was responsible for the care and safety of children within Santa Clara County. (Id.) Defendant County provided child welfare, child protective, and childcare services to foster children in Santa Clara Count y, including plaintiff Michael Holys (“Holys”). (SAC, ¶9.) At all relevant times, plaintiff Holys was in foster care under the custody, care, and control of defendant...

Excerpt: ... Company (“LBMC”), borrow ing $125,000. (FAC, ¶9.) Plaintiffs executed a promissory note (“Note”) secured by a deed of trust (“DO”) against the Subject Property, Plaintiffs' primary residence. (FAC, ¶¶10 – 11.) The Note and DOT incorrectly identified the parcel number for the Subje ct Property as 599-44 -020. (FAC, ¶¶12 – 13.) LBMC subsequently assigned the [DOT] to Mortgage Electronic Registration Services (“MERS”) on o...

Excerpt: ...y associated premiums, and failed to provide code- complaint wage statements, among other Labor Code violations. Now before the Court are Plaintiffs' motion for final approval of a settlement and motion for attorneys' fees, costs and enhancement awards, which are unopp osed. As discussed below, the Court GRANTS the motions. I. BACKGROUND On January 24, 2022, Ms. Martinez and Ms. Orellano filed a PAGA Complaint against Defendant in this Court in...

Excerpt: ...n September 29, 2021, Pl aintiff 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, “Rivi...

Excerpt: ...) Arvind Srin ivasan 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); (5) Arvind Srinivasan v. ZL Technologies, Inc . (Case No. 21CV382329). and As is relevant here, ZL Technologies, Inc., et al. v. Arvind Srinivasan (Case No. 21CV378097) (“Defamation Case”) is a defamation action filed by...

Excerpt: ...k to amend the c omplaint to add two new causes of action against defendants Suzanne Ramirez (Jonathan Ramirez's ex -fiancee) and RRT Group, Inc. (collectively, “Defendants”): for financial elder abuse and for an accounting. Defendants respond that they “will not oppose” t his motion “with the following conditions”: (1) that Defendants not be required to file a response to the amended complaint; (2) that they be allowed to conduct ...

Excerpt: ...nts LLC (collectively, the “Gong Defendants”) in “multiple protracted complex litigations” involving residential property located at 2276 Bentley Ridge Drive in San Jose (the “Property”).1 (Complaint, ¶¶ 1, 9.) In 2015, Jason Pacheco and Shanna Pacheco (collectively, the “Pachecos”) sued the Gong Defendants over a dispute regarding the Property. (Complaint, ¶ 12 -14.) David Hamerslough represented the Pachecos in the underlying...

Excerpt: ...mplaint (“FAC”), ¶ 4.) Loren z is the Chief Executive Officer of County Hospital/SCVMC. (Id. at ¶¶ 2, 3(a).) During Plaintiff's employment, he observed County Hospital's failure to maintain a sanitary environment and improper handling of materials, including surgical instruments. (FA C, ¶ 11.) On and after September 2022, Plaintiff informed several people that certain instruments were incorrectly sterilized and had been incorrectly steril...

Excerpt: ..., 2022, and the y filed the operative first amended complaint (“FAC”) on October 16, 2023. The FAC alleges in part that of the $623,300.00 currently owed to Plaintiffs: . . . $552,300 represents money Plaintiffs loaned to Defendant to assist in the purchase of two pieces of residential real property —one in the City of San Jose and one in the City of Palo Alto, as well as a small of amount of interest on one of those loans. Constituting t...

Excerpt: ...(“San Jose City”) (collectiv e l y, “City Defendants,”), and the County of Santa Clara (“Santa Clara County”) (collectively, “Defendants.”) Plaintiffs Valdez and Garrett were employed by Kiewit6 Infrastructure West Corporation (“Kiewit Corporation”) as Journeyman Pipe Fitters, working a t San Jose-Santa Clara Regional Wastewater Facility (“Wastewater Facility.”) (FAC, ¶ 19.) The Wastewater Facility is jointly owned and op...

Excerpt: ... agent to serve. Plai ntiff has been unable to serve EMC. Defendant is a citizen of Canada and was a board director and significant shareholder of EMC. After another investigation, Plaintiff found a residential address for Defendant. In October 2023, Plaintiff engaged a Canadi an process server to conduct personal service on Defendant, but this was unsuccessful. In November or December 2023, Plaintiff retained a new process server who was able t...

Excerpt: ...t, but from the breach of the separate Noncompetition and Nonsolicitation Agreement (“Noncompetition Agreement”) between the parties. Plaintiff argues that because the Noncompetition Agreement does not contain an arbitration clause, it cannot be compelled to arbitration. Defendant responds that the Employment Agreement and Noncompetition Agreement should be read as one, citing both Civ. Code § 1642 and Fillpoint, LLC v. Maas (2012) 208 Cal.A...

Excerpt: ...y generic and dev oid of specific explanations regarding the disputed requests. Indeed, the brief does not include or discuss the specific text of any of the 37 the requests at issue, instead grouping them into broad categories and then making general arguments about them. In addition, the brief contains no definition of the “transmission defect” and “engine defect” at issue, leaving it for the reply brief to define these terms. Even ...

Excerpt: ...her responses to requests for production of documents, and (5) to compel compliance with requests for production of documents. In addition, Plaintiffs seek $7,429.00 in monetary sanctions against Surgicare. Because Plaintiffs' motion fails to demonstrate good cause for further responses to the document requests, and because the moving papers barely address the substance of the answers to the interrogatories, the court DENIES the motion in large p...

Excerpt: ... now seek an o rder compelling GM to produce documents relating to (1) the SUBJECT Vehicle (RFP Nos. 1, 2, 3, 9, 14); (2) communications between Plaintiff and Defendant or those associated with Defendant (RFP Nos. 15 and 16); (3) documents relating to the call center, lo yalty program, after warrant assistance program, or technical hotline (RFP Nos. 31 -33); and (4) documents evidencing complaints made by California owners of the same make, model...

Excerpt: ...a fraudulent sc heme to retire senior water rights vis- à-vis duplicitous water claims….for the construction and massive expansion of a luxurious private urban development” in Salt Lake City, Utah. (Complaint ¶ 2.) On September 26, 2014, Plaintiff filed suit under the Fed eral Claims Act in the Federal Court for the District of Utah relating to a public drinking water system in Salt Lake County operated by the Emigration Canyon Improvement...

Excerpt: ...2024, in the principal amount of $ 894,443.54 that was modified on June 5, 2023, to $979,425.90, on two major grounds. First, Kokinos claimed that vacatur is required pursuant to “section 1286.2(a)(6)(B) because WELSH refused to honor KOKINOS's timely demands for disqualification of hersel f and of her designated forensic accountant Vanessa Hill (Hill), when WELSH was required to remove herself and the accountant from the proceedings” citin...

Excerpt: ...e Fenton”). Pursuant t o California Rule of Court 3.1308, the Court issues its tentative ruling. I. Background This is an action for fraudulent conveyance. According to the allegations, on November 25, 2014, Martin and Hoge Fenton entered into an agreement in which Hoge Fento n agreed to represent Martin in an underlying action, which was a real property dispute between Martin's father and Mark and Paul Watts related to property located at 3156...

Excerpt: ...actions whe re there is a common question of law or fact pending in the same court. CCP §1048(a). In considering a motion for consolidation, the court should consider the timeliness of the motion, the complexity of the case, and prejudice. See State Farm Mut. Auto Ins. Co. v. Superior Court (1956) 47 C.2d 428, 430- 432. Jane Doe's motion is timely and the two actions concern the same property and involve overlapping parties. However, LHP 2019 wi...