Excerpt: ...fendants: the Tashjian Defendants3 and the demurring OCTC Defendants4 . During the relevant period, the Tashjian Defendants operated as a developer of highend real estate, primarily in Santa Clara County. ( AXC, '1 13.) Tashjian financed his real estate purchases and renovations through a combination of conventional mortgages through financial institutions and short-term bridge loans through private lenders, with the loans typically secured by de...

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 elec...

Excerpt: ...omplaint for Declaratory Relief, Injunctive Relief, and Damages ("FAC"), filed on April 13, 2020 in federal district court, plaintiff Maria Consuelo Griego ("Plaintiff") seeks statutory damages against defendants The Tehama Law Group, P.C. ("Tehama"), Kes Narbutas ("Narbutas"), Cypress Asset Recovery Services, LLC ("Cypress"), Jeff Fernandez ("Fernandez"), Eric Wilson, Matthew Wright, and Patelco Credit Union ("Patelco"). 1 (FAC, 3 & 10-15.) Plai...

Excerpt: ...tatutory Damages ("Complaint"), filed on December 4, 2018, plaintiff Pamela Shereé Chambers ("Plaintiff") seeks statutory damages against defendant Crown Asset Management, LLC ("Defendant") arising from its routne practice of sending initial written communications in smaller than 12-point type. (Complaint, '1 1.) The Complaint sets forth a single cause of action under the CFDBPA. On December 27, 2022, the court granted Plaintiff's motion for cla...

Excerpt: ...auses of achon for: (1) Failure to Pay Minimum Wages; (2) Failure to Pay Wages and Overtime Under Labor Code S 510; (3) Meal-Period Liability Under Labor Code S 226.7; (4) Rest-Period Liability under Labor Code S 226.7; (5) Failure to Pay Vacation Wages; (6) Failure to Comply with Labor Code SS 245 and 246; (7) Reimbursement of Necessary Expenditures under Labor Code S 2802; (8) Failure to Comply with Labor Code S 2751; (9) Violation of Labor Cod...

Excerpt: ... ("Hightower") against defendants Compass Group USA, Inc. and Levy Premium Foodservice Limited Partnership ("Levy"), erroneously sued as Lew Premium Foodservice, Inc., (collectively, "Defendants") and arises out various alleged wage and hour violations. The operative First Amended Complaint, filed on December 10, 2019, sets forth the following causes of action: (1) Failure to Pay All Wages Owed Including Overtime; (2) Unlawful Deductions; (3) Fai...

Excerpt: ...ment in a blockchain project known as the Internet Computer Protocol, which is operated by defendant Dfinity USA Research LLC ("Dfnity USA"). On May 8, 2023, Plaintiff filed a Complaint against Williams and Dfinity USA (collectively, "Defendants"), setting forth causes of acton for: (1) Tortious Interference with Contract; (2) Tortious Interference with Prospective Economic Advantage; (3) Breach of Fiduciary Duty; (4) Conversion; (5) Trespass to ...

Excerpt: ...ter she had surgery on her frozen left shoulder. She claims physical therapy "was pretty effective for releasing frozen shoulder but caused some damages on Deltoid muscle and back of my left shoulder." Plaintiff alleges she "had existing injuries before Physical Therapy: a torn supraspinator muscle, inflammation on both Deltoid and Supraspinatus, a depressed sub-Crominal space, after surgery with decompression, I went to Physical Therapy." She fu...

Excerpt: ... to late 2022, the Subject Property went to a foreclosure sale auction. (Complaint, '1 12.) Plaintiff won the auction as the highest bidder and tendered payment in November 2022. (Complaint, 12, 15.) Pursuant to SB 1079, within 45 days from Plaintiffs tender, Defendant submitted her bid with an affidavit claiming preferential treatment as an "eligible-bidder." Defendant then took title and a deed in her name was recorded in November 2022. (Compla...

Excerpt: ...64 Senter Road, Unit No. 116, San Jose California ("the Property") since 1990. (FAC, 1.) The FAC alleges Plaintiff signed a Promissory Note for a Home Equity Line of Credit ("Promissory Note") in the amount of $40,500 wherein Plaintiff was Trustor and First Magnus Financial Corporation ("Magnus"), a now defunct Arizona Corporation, was the original beneficiary. (FAC, '1 6.) In connection with the Promissory Note, Plaintiff signed a Deed of Trust ...

Excerpt: ...T and J5. AT&T has also filed a cross-complaint against '5, Electric Tech, and Lawson Roofing ("Lawson"). Currently before the court is J5's demurrer to AT&T's first amended cross-complaint. A. The underlying Complaint and KY's Cross-complaint On July 14, 2021, Sraon initiated the principal action for breach of contract and negligence against KY and Electric Tech. The complaint alleges that KY and Electric Tech failed, among other things, to "mai...

Excerpt: ...ntered into a warranty agreement, by which AHM undertook to preserve or maintain the utility or performance of the Vehicle. (FAC, 9.) She alleges AHM manufactured and/or distributed hundreds of thousands of vehicles with defective transmissions that were installed in a range of vehicles, including the subject Vehicle while knowing of the alleged transmission defect. (FAC, "1 11, 17, 19-40.) Plaintiff initiated this action on July 21, 2023, assert...

Excerpt: ...) Defendant General Motors, LLC ("GM") provided and Plaintiff received written warranties and other express and implied warranties with the lease of the Subject Vehicle. (Complaint, "7 — 8.) Plaintiff has delivered the Subject Vehicle to defendant GM's authorized service and repair facilities, agents, and/or dealers on numerous occasions resulting in the Subject Vehicle being out of service by reason of repair and nonconformities. (Complaint, "...

Excerpt: ...efendant General Motors, LLC ("GM") regarding a 2021 Chevrolet Bolt EV ("Subject Vehicle"), manufactured and/or distributed by defendant GM. (FAC, "1, 4, 6, 7, and Exh. A.) Plaintiffs purchased the Subject Vehicle at defendant GM's authorized dealer, Del Grande Dealer Group ("DGDG"), in San Jose. (FAC, 96.) Prior to purchasing the Subject Vehicle, Plaintiffs interacted with defendant GM's authorized sales representatives at DGDG who discussed the...

Excerpt: ...eferred to herein as "Villa Verde"; the last three defendants are referred to herein as "Sequoia." According to the complaint, filed on July 5, 2023, Getty is an "elder" within the meaning of the Elder Abuse and Dependent Adult Civil Protection Act (Welt & Inst. Code, SS 15600 et seq. (the "Elder Abuse Act")). (Complaint, 1.) She became a resident of Villa Verde, a residential care facility for the elderly on May 4, 2023, after sustaining and rec...

Excerpt: ...er to Mr. Abdo's Second Amended Cross-complaint came on for hearing on May 30, 2023. According to the local rules, Judge Manoukian issued a tentative ruling sustaining the demurrers without leave to amend. The parties appeared both for argument and a case management conference. Because Judge Manoukian had a particularly busy calendar that day, during the hearing, Mr. Abdo was not permitted to provide Judge Manoukian with his complete argument con...

Excerpt: ...tract; (2) Common Counts; (3) Account Stated; (4) Open Book Account; (5) Open 800k Account; and (6) Violation of Prompt Payment Statute (apparently referring to Business & Professions Code section 7108.5, though it is not identified in the body of the complaint). Attached to the complaint as Exhibit A is a copy of a "Subcontract Agreement" between the parties, identifying CPE as the "Contractor" and Arrow as the "Subcontractor." Attached to the C...

Excerpt: ... to be presented in boilerplate text in Pal's brief—to be completely meritless. The court granted Farmers' moton for summary judgment, negating all of Pal's causes of action, and entered a judgment that was entirely in Farmers' favor. Second, Pal misstates the burden of proof on a motion to strike or tax costs. He argues that because he "properly objected" to the memorandum of costs, "the burden shifted to Plaintiff to introduce evidence that t...

Excerpt: ...e Court is Plaintiff's moton for preliminary approval of a settlement, which is unopposed. As discussed below, the Court GRANTS Plaintiff's motion. VII. BACKGROUND On July 27, 2022, Plaintiff filed a class action complaint accusing Defendant of failing to: properly pay overtime, provide meal periods, authorize and permit rest breaks, properly pay meal and rest break premiums, pay minimum wages, pay timely pay wages during employment and upon term...

Excerpt: ... was sixteen years old at that time and participating in cooperative program between ESUHSD and the College District, began taking general psychology course at Evergreen taught by Defendant Brad Carothers. (FAC, 22.) Carothers began paying special attention to Plaintiff, including frequent late night phone calls and text messages. (FAC, 23, 25.) In April 2013, the conversations between Plaintiff and Carothers veered into inappropriate territory w...

Excerpt: ...Plaintiff maintained his own private law practice. (Ibid.) In or around 2013, ATI became involved in litigation against another company. (SAC, 13.) Plaintiff was involved in managing outside counsel, consulting with outside counsel and ATI executives, researching areas of law for discussion with outside counsel, participating in witness and export depositions, participating in mediations, and having settlement discussions with the other company's...

Excerpt: ...Mejia was operating a commercial vehicle registered to defendant Dishnet Direct, Inc. ("Dishnet") and operated with the permission and consent of defendant Elia Victor Betbadal ("Betbadal"), Chief Executive Officer of defendant Dishnet. (FAC, "3 and 9.) Defendant Betbadal and others, including defendant Mejia, were engaged in operating defendant Dishnet on the date of the incident and continuing thereafter. (FAC, 910.) At the above date, time, an...

Excerpt: ...n permits for a new clinic he was planning on opening at 1378 El Camino Real in Santa Clara. (FAC, 8.) On October 31, 2021, Ma retained Defendants to complete the drawings and obtain the permits. (Ibid.) The parties agreed that Ma would pay $7,000 and Defendants would provide schematic designs, design development, and construction documents for the space, which would have three treatment rooms with a reception area, a Chinese medicine room, a lau...

Excerpt: ...022. It filed the operative First Amended Complaint ("FAC"), adding defendant Link Corporation ("Link"), on March 15, 2023. The FAC states claims for: (1) Fraud in the Inducement (against AMS, Achkar, and various Does); (2) Fraud and Deceit (against AMS, Achkar, and various Does); (3) Breach of Contract (against AMS and various Does); (4) Breach of the Implied Covenant of Good Faith and Fair Dealing (against AMS and various Does); (5) Professiona...

Excerpt: ...2 In the original complaint, plaintiff Martin alleges defendant Jose A. Ramirez ("Ramirez") is his landlord and that defendant Ramirez (and/or agents, employees, co- conspirators) committed trespass on plaintiff Martin's apartment. Plaintiff Martin's original complaint further alleged that defendant Emalee Ousley ("Ousley") and defendant Ramirez (and/or agents, employees, co-conspirators) committed an assault and battery. Plaintiff Martin's origi...

Excerpt: ...of the appellate fee award, requesting a total of $31,618,50 for its appellate work and the present motion. Defendants claim that this Court should not consider Plaintiff's opposition to its August 14, 2023 motion because it was late. The opposition was due nine court days before the hearing set for December 7, 2023. CCP S 1005. The opposition was filed on November 27, 2023. The opposition was due on November 22, 2023, as November 23rd and Novemb...

Excerpt: ...pposed. As discussed below, in the event that the discrepancy between the amount of litigation expenses requested by Plaintiff's counsel and the amount provided in the notice to class members is satisfactorily resolved, the Court is prepared to GRANT both motions. l. BACKGROUND Maxar specializes in the manufacture of satellites and the provision of satellite-related services. (Second Amended Complaint ("SAC"), '1 11.) Maxar s subsidiary Space Sys...

Excerpt: ...laintiffs' allegations against the County are based on Government Code sections 835 and 840.2: i.e., a dangerous condition of public property. The County has filed two motions to compel against plaintiff Ayle: (1) for an order requiring substantive responses to supplemental document requests, and (2) for an order requiring Ayle to consent to non-party T-Mobile USA, Inc.'s ("T-Mobile's") production of phone records pursuant to subpoena. The court ...

Excerpt: ...any ("FMC") that included that, in the event a defect developed with the subject vehicle during the warranty period, Plaintiff could deliver the subject vehicle for repair services and the subject vehicle would be repaired. (See FAC, 8.) During the warranty period, the subject vehicle had: defects related to the engine; defects causing EGR cooler failure; oil cooler failure; radiation failure; fuel injector failure; coolant entering the engine ve...

Excerpt: ...tion to be designated as complex pursuant to Rule 3.400 of the California Rules of Court, which is opposed by TAT. As discussed below, the Court DENIES the motion. XV. BACKGROUND For ease of understanding the lengthy h-story of this achon and related litigation, the Court parrots much of the summary authored by the Fourth District Court of Appeal in its remittitur issued to this Court in January 2023. ZF Micro Devices was founded by David Feldman...

Excerpt: ...of the appellate fee award, requesting a total of $31,618,50 for its appellate work and the present motion. Defendants claim that this Court should not consider Plaintiff's opposition to its August 14, 2023 motion because it was late. The opposition was due nine court days before the hearing set for December 7, 2023. CCP S 1005. The opposition was filed on November 27, 2023. The opposition was due on November 22, 2023, as November 23rd and Novemb...

Excerpt: ...ica Fernandez ("Defendants") oppose the motion, but their arguments are without merit. The court therefore GRANTS the motion. Helen, the minor plaintiff, is five years old, and her blood lead level was reported to be 25.1 micrograms per deciliter while living in the home owned and managed by Defendants. According to Plaintiffs, this is 26 times the average blood lead level of a person in the United States. Plaintiffs contend that Helen suffers fr...

Excerpt: ...0, titled "Dismissal", states: (a) An action shall be dismissed by the court on its own motion or on motion of the defendant, after notice to the parties, if the action is not brought to trial within the time prescribed in this article. (b) The requirements of this article are mandatory and are not subject to extension, excuse, or exception except as expressly provided by statute. (Emphasis added.) "The purpose of the five-year rule is to 'promot...

Excerpt: ...d the Lex Apartments in San Jose (collectively, "Subject Properties"), as well as multiple other residential complexes throughout the State of California. (Complaint at '1 17.) Plaintiffs Kim Diaz, Brittany Jensen, Kayla Angerman, Akhil Koul, Chika Ofodu, Guadalupe Fuentes, Luis Heras, Joanne Hurlston, Karan Ghuman, Melissa Butler, and Gwendolynne Grey (collectively, "Plaintiffs") are prospective tenants of the Subject Properties. (ld. at 1-11.) ...

Excerpt: ... of the California Rules of Court, which is opposed by Envirodigm, and Envirodigm's motion to seal certain related materials as well as its trade secret disclosure, which is unopposed by Apple. As discussed below, the Court GRANTS both motions. XXI. BACKGROUND A. Factual According to the allegations of the first amended complaint ("FAC"), on September 12, 2012, Apple introduced the iPhone 5 as its latest iteration of the product. (See FAC, '1 10....

Excerpt: ...partment. Defendant County of Santa Clara does not take any express position on this motion. The City raises two arguments in response to the motion.4 First, the City contends that the police report is protected from disclosure by Penal Code section 11167.5, which is part of the Child Abuse and Neglect Reporting Act ("CANRA") (Pen. Code, SS 11164-11174.3). According to the City, the report at issue was a "substantiated" report of child abuse "tha...

Excerpt: ...ng with Plaintiff. In its November 28, 2023 order, the Court ordered "the parties to submit on or before December 5, 2023 a joint letter brief (a) listing the discovery requests that still require Court intervention and (b) providing authority for the Court to sanction prior counsel to pay for Plaintiff's attorney fees and costs incurred in bringing this motion." The Court received the joint letter brief, which states the parties have resolved th...

Excerpt: ...n the alternative, stay the representative action pending the outcome of arbitration of Plaintiff's individual claims. As discussed below, the Court GRANTS Defendants' motion to compel arbitration of Plaintiff's individual PAGA claim. Plaintiff's representative PAGA claim is stayed pending the outcome of his individual claim pursuant to Code of Civil Procedure secton 1281.4. XVIII.BACKGROUND According to the allegations of the operative Complaint...

Excerpt: ...nc. ("Defendant") in an amount exceeding $10,000,000 between September 2017 and September 2018. (Second Amended Complaint ("SAC"), 4-15.) The products included the Fortinet FortiGate models FG- 201E, FG-500E, FG-600D, FG-1500D, FG-3200D, and FG-3S50E; Fortinet Fortswitch models FSW-248D, FSW-248D-FPOE, FSW-248E-FPOE, FSW-448D, FSW-448D-FPOE, and FSW-1024D; and network management software including FortiManager, FortiAnalvzer, and FortAuthenticato...

Excerpt: ...pment LLC ("La Encina"), a California development company. La Encina hired Group One to construct five homes in San Jose but the contract was terminated prior to the completion of the project. On November 28, 2017, Group One filed a complaint for breach of contract and to foreclose a mechanics lien in the amount of approximately $985,000. On February 5, 2018, La Encina filed a Cross-complaint, which alleged claims for: (1) Breach of Contract; (2)...

Excerpt: ...2020, sets forth the following causes of action: (1) Failure to Pay All Wages; (2) Rest Period Violations; (3) Meal Period Violations; (4) Wage Statement Violations; (5) Waiting Time Penalties; (6) Unfair Business Practices; (7) PAGA Penalties for Failure to Pay All Wages; (8) PAGA Penalties for Rest Period Violations; (9) PAGA Penalties for Meal Period Violations; (10) PAGA Penalties for Wage Statement Violations; and (11) PAGA Penalties for Wai...

Excerpt: ...l Period Compensation; (4) Failure to Provide Rest Period Compensation; (5) Failure to Indemnify Necessary Business Expenditures; (6) Wage Statement Violations; (7) Waiting Time Penalties; (8) Private Attorney General Act (Labor Code SS 2699, et seq.) (9) Declaratory Relief; and (10) Unfair Competition in Violation of Cal. Business and Professions Code SS 17200, et seq. On April 13, 2022, the court entered an order dismissing Plaintiff's first th...

Excerpt: ...e case was thereafter transferred to Santa Clara County. Plaintiff alleges that on September 5, 2019, following an open court hearing in the State Courts of the Republic of Singapore, Jennifer Marie, Registrar of State Courts of Singapore entered a conclusive and enforceable judgment ("Judgment") against Defendant in the principal amount of $48,000 (USD), plus costs of $1,800 USD, plus interest at 5.33% per annum from the date of the preceding wr...

Excerpt: ...endor credit applications that, unbeknownst to Plaintiff, included personal guaranties against both Plaintiff and the CEO. (See SAC, 12.) On June 30, 2016, defendant Ron Jankov ("Jankov") had Plaintiff sign an indemnification agreement concerning the personal guarantees on the credit application Plaintiff signed. (See SAC, '1 13.) Platinum also obtained insurance policies from Admiral Insurance Company and QBE Specialty Insurance and expressly re...

Excerpt: ...ided at the time of the commencement 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 ("FDCPA") ("cross-complaint"). The cross-complaint named Li's attorney, Scott A. Flaxman, as a cross- defendant. On March 6, 2023, Flax...

Excerpt: ...On or about 2 April 2007, plaintiff Brian Quinn ("Quinn") and his former spouse, Lisa Quinn ("Lisa")l , signed a promissory note with defendant Patricia Novak ("Novak") in the amount of $200,000, to be paid in installments, without interest. (First Amended Complaint ("FAC"), 94.) Plaintiff Quinn and Lisa made payments on the promissory note during their marriage totaling $237,443.00 and plaintiff Quinn paid an additional $5,500 to defendant Novak...

Excerpt: ...ction in whole or in part on any conditions that may be just." Code Civ. Proc. S 410.30(a). Factual Background In dissolving their marriage, Elizabeth Chung and David Chung are dividing their assets. Bend Capital, LLC ("Bend") holds title to the family home. Elizabeth and David are Members of Bend and each holds a 50% interest in Bend. The purpose of Bend is to borrow money and hold title to the family home. Elizabeth and David disagree about whe...

Excerpt: ...Properties, LLC, ("Owner") and FPI Management, Inc., ("FPI") for an apartment unit located at 2680 Fayette Drive, Mountain View, California, 94040, unit #201 ("Subject Unit"). Amirabbas Kashanipour, Alireza Kashanipour, Fatemeh Akhacanyekta (an individual and Guardian ad Litem for Amirehsan Kashanipour, a minor), Amirsadegh Kashanipour (collectively, "Plaintiffs") reside at the Subject unit, which Plaintiffs claim Defendants knew before December ...

Excerpt: ..., including a cooling system leak, soot accumulation in the Vehicle's particulate filter which required a replacement of the vehicles entre fuel system. Consumer Law Experts, PC ("CLE") agreed to take Plaintiff's case on a contingency fee basis. During the litigation, CLE engaged in written discovery; produced the Vehicle for inspection; defended Plaintiff's deposition; attended court mandated case management conferences, informal discovery confe...

Excerpt: ...on arises out of the medical treatment and passing of decedent Hugo Amaya ("Decedent"). Plaintiff Karen Amaya is Decedent's sister. (SAC, 1.) Around August 6, 2021, Decedent contracted COVID-19 and he was admitted to Kaiser-San Francisco and then transferred to Kaiser-Santa Clara. (SAC, 9, 11.) The same day, Decedent granted power-of-attorney to Amaya. (SAC, '1 61.) From October 2021 to January 26, 2022, Defendants constantly threatened to "pull ...

Excerpt: ...ployed by Defendant Planned Parenthood Mar Monte, Inc. ("PPMM"). (Amended Complaint, 8.) Defendants hired Plaintiff on October 7, 2019 as VoIP Architect with job responsibilities that included general information technology, ensuring data security, design and implementation of Defendants' next generation Unified Communications as a Service, vendor selection and management, data analysis, and resign of Defendants' call center. (Amended Complaint, ...

Excerpt: ...NERGY LLC AND FERHAT ATAS TO STRIKE CLAIM FOR PUNITIVE DAMAGES l. statement of Facts. Plaintiff Blue Arc Electric, Inc. ("BAE") provides consultation, design, and engineering services related to the installation of electrical systems. (Complaint, 913.) In April 2022, defendant Ferhat Atas ("Atas"), on behalf of defendant Atash Energy, LLC ("Atash Energy"), hired plaintiff BAE to install can lighting on the campus of Cisco Systems, Inc. in San Jos...

Excerpt: ... court GRANTS in part and DENIES in part the motion to compel further responses; the court GRANTS the motion to compel compliance. 1. Motion to Compel Further Responses As a general matter, the court finds the vast majority of Applied's document requests to be overbroad, seeking information about not just potentially stolen Applied products, but also nearly all documents relating to legitimate sources and sales of Applied products. As far as the ...

Excerpt: ...engineering work experience at the time he was hired. (ld.) In the summer of 2016, Plaintiff began suffering severe migraine headaches, which he attributes to Defendant's punishing work culture and schedule. (FAC, '1 20.) He informed Liftoff of his medical issues in 2016 and again in 2017 and was told there were not forms he needed to fill out to more officially inform Liftoff of this issue. (FAC, 20-21.) Despite his medical condition and gruelin...

Excerpt: ...Set One) on Plaintiff. After Defendants agreed to an extension for Plaintiff to respond, Plaintiff served responses to Special Interrogatory (Set One) and Requests for Production (Set One) by email on or about June 1, 2023. Defendants claim that as of the filing of their motion, Plaintiff did not response to Form Interrogatory General (Set One). Defendants sent meet and confer letters on June 8, 2023 and June 21, 2023. Plaintiff asked for an exte...

Excerpt: ... causes of action: 1. Failure to Pay Minimum Wages (Lab. Code, SS 1182.12, 1194, 1194.2, 1197, and 1198); 2. Failure to Pay Overtime Wages (Lab. Code, SS 1194 and 1198); 3. Failure to Provide Compliant Meal Periods (Lab. Code, S 226.7); 4. Failure to Provide Compliant Rest Periods (Lab. Code, S 226.7); 5. Failure to Pay All Wages Due at Separation (Lab. Code, SS 201, 202, and 203); 6. Failure to Reimburse Necessary Business Expenses (Lab. Code, S...

Excerpt: ...pposed. As discussed below, if Plaintiff provides the requested clarification on the procedures to be followed where checks mailed to Aggrieved Employees are returned to the administrator as undeliverable, the Court is inclined to GRANT the motion. l. BACKGROUND According to the operative First Amended Complaint ("FAC"), Defendant employed Plaintiff and "Aggrieved Employees" as non-exempt, hourly employees in California during the relevant statut...

Excerpt: ...arefully read this provision, which applies to any dispute between you and Tesla, Inc. and its affiliates, (together "Tesla"). If you have a concern or dispute, please send a written notce describing it and your desired resolution to [email protected]. If not resolved within 50 days, you agree that any dispute arising out of or relating to any aspect of the relationship between you and Tesla will not be decided by a judge or jury but instead ...

Excerpt: ...d failed to provide wage statements, among other Labor Cade violations. Now before the Court is Plaintiff's motion for preliminary approval of a settlement, which is As discussed the Court GRANTS Plaintiff's moton. l. BACKGROUND Plaintiff was employed as a general laborer by Defendants, a non-exempt, hourly position, from December 28, 2018 through March 9, 2021. He initiated this action with the filing of the operative complaint on March 7, 2022,...

Excerpt: ...n account. Defendant claims she was "hacked." Plaintiffs served Form Interrogatories, Requests for Admission, and Requests for Production of Documents (Set One) on Defendant on March 24, 2023. On July 14, 2023, Plaintiffs emailed Defendant's counsel indicating Defendant had failed to respond to this discovery and offered July 28, 2023 as a new deadline for response and that full and complete responses without objections would be necessary to avoi...

Excerpt: ...ants, all of whom are former Trace3 employees, joined Sycomp, a competitor, after abusing and exploiting their privileged access to Trace3's computer networks and devices to misappropriate Trace3's trade secret and confidential information to the benefit of Sycomp. Before the Court are two motions to seal by Trace3, as well as Sycomp's motion to com#l further responses to expedited discovery, all of which are opposed. For the reasons discussed be...

Excerpt: ...nsel from the Sixth District Appellate Project ("SOAP"), Jared Coleman, who prepared and filed a criminal appeal, and prepared and planned to file a habeas petition with the Sixth District. (See complaint, 12-13.) Plaintiff reviewed the draft and suggested additional investigative work that Mr. Coleman was unable to do or did not have funds for. (See complaint, '1 14.) Plaintiff then floated the habeas petition draft to private attorneys for opin...

Excerpt: ...nd Construction Incorporated ("ACI") on May 19 2023, making ACI's responses due June 21, 2023. ACI did not serve responses. A&E did not move to compel, but instead engaged in informal document exchange in the context of mediation, which informal exchange did not satisfy A&E's discovery requests. By email dated October 11, 2023, ACI first claimed not to have received the discovery, then after a telephone conference with A&E, acknowledged receiving...

Excerpt: ...") (collectively, "Defendants"). The complaint, filed on May 2, 2023, states 11 causes of action: (1) Breach of Contract (against all defendants); (2) Breach of the Covenant of Good Faith and Fair Dealing (against all defendants); (3) Promissory Estoppel (against all defendants); (4) unjust Enrichment (against all defendants); (5) Nonpayment of Wages (Labor Code, S 201(a)), (alleged against the three corporate entities); (6) unfair Competition (a...

Excerpt: ...tiff"), the State of California, and other current and former employees of Defendant Little Caesar Enterprises, Inc. ("Defendant") for violations of the Labor Code. The First Amended Complaint ("FAC"), filed on July 24, 2023, sets forth the followng cause of acton: (1) for Civil Penalties pursuant to California Labor Cade sections 2698, et seq. for numerous violations of the Labor Code. Currently before the Court is Defendant's motion to strike P...

Excerpt: ...ntonio Valdez (collectively, Defendants). Plaintiff Juana Garcia (Plaintiff) filed the operative complaint on December 7, 2020, alleging a single cause of action under PAGA. On December 15, 2022, Defendants filed a moton to compel arbitration of the action, which the court granted in part as to the individual component of Plaintiff's PAGA claim, but denied to the extent sought dismissal of Plaintiff's representative PAGA claim. Exercising fts inh...

Excerpt: ...endants"). On October 14, 2022, plaintiff Seana Neihart ("Neihart") filed a Complaint—PAGA Enforcement Action, setting forth a single cause of action for PAGA violations. On January 26, 2023, the parties filed a Joint Stipulation to File First Amended Complaint, permitting the addition of Jessica King ("King") as a plaintiff. On February 8, 2023, plaintiffs Neihart and King (collectively, "Plaintiffs") filed the operative First Amended Complain...

Excerpt: ...al Act (PAGA) cause of action on behalf of Plaintiff and similarly aggrieved employees. Defendant Ready 2 Go ("Defendant") is a company that hires drivers to deliver packages for Amazon Logistics, Inc. ("Amazon"). Plaintiff asserts that his former employer, Defendant, failed to properly record his hours worked, failed to pro#rly compensate him, denied him meal #riods and rest breaks, and did not provide the required premium pay compensation. The ...

Excerpt: ...gainst defendants Premier Nissan of San Jose, LLC (Premier Nissan SJ) and Troy Duhon (Duhon) (collectively, Defendants). According to the allegations of Plaintiff's individual complaint, Defendants failed to provide Plaintiff all meal periods to which they were entitled, pay meal premiums, provide employees all rest periods to which they were entitled, pay rest period premiums, pay minimum wages for all hours worked, pay overtime wages for all ov...

Excerpt: ... single claim for PAGA penalties for the following alleged Labor Code violations: (1) Sections 510 and 1198 (failure to pay overtime); (2) Sectons 1182.12, 1194, 1197, and 1198 (failure to pay minimum wages); (3) Sections 226.7, 512(a), 516, and 1198 (failure to provide and record meal periods); (4) Sections 226.7, 516, and 1198 (failure to authorize and permit rest periods); (5) Sections 226(a), 1174(d), and 1198 (failure to provide and maintain...

Excerpt: ...d personal expenses and travel. (Complaint, '1 15.) With the assistance of defendant Troy Foster, Kazemipour defrauded Plaintiff out of approximately $750,538. (Ibid.) After he commenced legal acton against Kazemipour, Plaintiff discovered Kazemipour transferred Plaintiff's stolen assets to others, including but not limited to, Sayar and Foster. (Ibid.) Kazemipour was the manager and director for defendant 1792 Partners, Inc. ("1792 Partners"). (...

Excerpt: ...g the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 27 November 2023. Please specify the issue to be contested when calling the Court and Counsel. Orders on: (1) Defendant Michael Shtein's Demurrer To Plaintiff Lynley Hogan's Complaint; and (2) Defendant Michael Shtein's Special Motion To Strike (CCP 5425.16). l. Statement of Facts. Plaintiff Lynley Hogan ("Hogan") rents rooms of her Los ...

Excerpt: ...air share for the home while he lived there, that Defendants have limited resources, and that Plaintiff delayed settlement of the action, while Defendants prevented the property from being foreclosed on. Plaintiff argues that this Court should not consider Defendants' opposition as it was filed late. This Court will consider the opposition, as it is favored policy to consider cases on their merits and Plaintiff was not prejudiced by the late fili...

Excerpt: ...o seal Exhibits 5 and 5 in Defendants' Compendium of Evidence; and Plaintiffs' motion to seal Exhibit A to Declaration of Allen Gardner and portions of their opposition to Defendants' motion for summary judgement. Pursuant to California Rule of Court 3.1308, the Court issues its tentative ruling. l. Background This is breach of contract action. On January 16, 2015, Owner, Shoreline and Mr. Calvano entered an agreement (the "LLC Agreement") to for...

Excerpt: ...ended complaint ("SAC"), the District is the largest multi-purpose water supply, watershed stewardship, and flood management special district in California. (SAC at '1 10.) The District owns and operates the Rinconada Water Treatment Plant ("RWTP") which takes in raw water from various sources and processes it to produce potable water (i.e., drinking water). (ld. at '1 11.) Like every drinking water plant, the RWTP employs a Residuals Management ...

Excerpt: ...l termination on December 13, 2022. (Complaint, '1 7.) Plaintiff alleges during a meeting with Calix's C-Suite executives required as part of her on-boarding process during her first week at Calix, Calix's Chief Financial Officer Cory Sinclair "voluntarily disclosed to Plaintiff that the press releases that Calix consistently put outto their shareholders and investors were false, or at the very least, deliberately misleading." (Complaint, 8-11.) ...

Excerpt: ... to compel responses to interrogatories and document requests on Defendants. For the reasons that follow, the court GRANTS in part and DENIES in part Lippincott's motion for sanctions. The court also GRANTS Lippincott's motions to compel. 1. Motion for Sanctions a. Background This is an action for fraud, breach of contract, wrongful termination, various Labor Code violations, and numerous other causes of achon (21 in total) in which Lippincott al...

Excerpt: ...o on the basis of two other standalone arguments. Having considered the parties' submissions, the court concludes that Baan Thai's arguments are without merit, and the petition should be granted. 1. Delegation of Arbitrability As threshold matter, the parties disagree about whether the arbitration agreement "clearly and unmistakeably" delegates the determination of arbitrability to the arbitrator, or whether that is something the court must decid...

Excerpt: ...a Rekhi ("Rekhi") and YCI, Plaintiff was formed to create a parent corporation for the acquisition of RB, with three entity owners: Hurley Family Trust, Chamonix Holding, Inc., and YCI. (See FAC, 7-13.) Plaintiff was not in the business of selling alcohol and therefore relied upon the representations of Defendants Rekhi, Gibbs, and YCI. (FAC, '19.) Plaintiff relied on the following information provided by Defendant Gibbs, at the request of Defend...

Excerpt: ... any response to Sl Nos. 11, 13, 21-23, and 26-29 and submitted objections to the remaining interrogatories that are the subject of the instant motion to compel. Regarding the RPDs, SJHP argues Plaintiff asserted boilerplate objections and Plaintiff did not respond to the S#cific RPDs or failed to offer any supplemental response. On October 23, 2023, SJHP filed a motion to compel further responses to supplemental interrogatories and a motion to c...

Excerpt: ...1) the remand from the appellate court is limited to the issue of Kathy Pesic's damages; (2) the motion is not timely and is in bad faith; and (3) the cross-complaint falls to state a valid cause of acton. Factual and Procedural Background This action arises out of the alleged use of decedent Ivan Pesic's ("Pesic") genetic material by Joyce Chin ("Chin") to conceive two children through the fertility procedures performed by the Zouves Defendants....

Excerpt: ...ne 19, 2017, in the City of San Jose, defendant Owens negligently operated, maintained, and controlled her vehicle which collided with Insured's vehicle causing property damage. (ld. at "1 11-13.) Owens drove her vehicle with the permission, consent, and knowledge of defendant Wilcox. (ld. at 11.) As a result of Defendants' negligence and after receiving proof of loss, plaintiff Sentry under its policy, paid to or on behalf of its Insured, along ...

Excerpt: ...he Employee Plaintiffs were employed by Kiewit Infrastructure West Corporation ("Kiewit Corporation") as Journeyman Pipe Fitters, working at San Jose-Santa Clara Regional Wastewater Facility ("Wastewater Facility"). (Compl., 19.) The Wastewater Facility is owned by the City Defendants. (Compl., 18.) On or around June 14, 2022, Employee Plaintiffs' employer was contracted by Defendants to replace and update equipment at the Wastewater Facility. (C...

Excerpt: ...llectively, the "AMD Defendants") demurrer to the operative complaint ("Complaint") and motion to dismiss or stay for forum non conveniens. As discussed below, the Court GRANTS the AMD Defendants' motion to stay or dismiss this action for forum non conveniens. Consequently, the Court will not issue a ruling on the demurrer to the Complaint. X. BACKGROUND A. Factual Plaintiff Realtek, a Taiwanese corporation, is a leading designer and supplier of ...

Excerpt: ...UND A. Factual On June 30, 2020, Ms. West purchased a 13-inch 2020 1.2 Gigahertz ("GHz") Quadcore Intel i7 MacBook Air and paid additional amounts to upgrade from the base model to a speedier configuration of 3.8 GHz with "Turbo Boost." (FAC, '1 22.) Prior to this purchase, Ms. West read and relied on representations made by Apple in its marketing and sales materials concerning the speed and functionality of the Class Laptops, particularly that h...

Excerpt: ...omplaint ("FAC"), filed June 23, 2023, names Kang as the sole defendant. Based on irregularities in the pleadings and the lack of an actual dismissal on file, it is somewhat unclear to the court whether O'Connor Hospital and Santa Clara County Medical Center are still parties to this case. Plaintiffs are representing themselves in this case. II. ALLEGATIONS IN THE FIRST AMENDED COMPLAINT The FAC alleges that Kang was Phil's primary care physician...

Excerpt: ...l., '1 1.) Plaintiffs Perla and Mohan are also a married couple. (ld. at 2.)1 B. Defendants Defendant Tashjian is an individual and a principal and/or controlling member of defendant Homestead, a limited liability company. (Compl., 5, 6.) Whitman is an individual and a manager or member of Homestead. (ld. at 7.) Homestead, Tashjian, and Whitman are considered the "Sellers." (Ibid.) Defendant Baronian is a California real estate agent employed by ...

Excerpt: ...6.) In 2019 or 2020, a representative from Human Bees, Nick Clark, contacted Jabil to offer its services as an agency with additional staffng capabilities. (ld. at '1 9.) Clark "promised that Human Bees would able to provide more workers to Jabil faster than any other agency because it actively recruited in the local communities and churches." (ld. at '1 12.) At an in-person meeting, Clark assured Jabil that "it would be solely the responsibility...

Excerpt: ...co Mortgage Management, LLC, dba Sprout Mortgage ("Recovco") to purchase property located at Fennel Court in Morgan Hill (the "Property). (Complaint, 1, 16-17.) To secure the loan, he executed a deed of trust ("Deed of Trust") by which he conveyed the Property to Stewart Title of California Inc. ("Stewart Title") as trustee to hold for the benefit of Recovco's designee, Mortgage Electronic Recording Systems, Inc. ("MERS"). (ld. at '1 1, Exs. A, B...

Excerpt: ...proval of PAGA settlement, which is unopposed. As discussed below, the Court GRANTS the motion. IV.BACKGROUND According to the operative Third Amended Complaint ("TAC"), Marriott and SJMEC own and operate a chain of hotels under various brands nationwide and throughout California, including approximately 52 Marriott hotel locations in California. (TAC, '1 26.) Defendants maintain their corporate headquarters in Bethesda, Maryland, with a centrali...

Excerpt: ...jeet Singh (aka Jasjeet Singh Chala) and Defendant aalwinder Singh are the owners of the publication Quamantry Amritsar Times. (Complaint, 2.) According to Plaintiff, Quamantry Amritsar Times Volume 9, Issue 37, dated September 18, 2019 to September 24, 2019, contained statements about Plaintiff Defendants knew were false. (Complaint, "1 9- 10.) Defendants contend the statements were true. Plaintiff filed this lawsuit on November 8, 2019. Trial i...

Excerpt: ...ving documents that were fully responsive to RFPs 7, 10, 34 and 35 as well as documents partially responsive to RFP 19. However, Defendant has not supplemented its responses. Defendant must supplement these responses within 45 days of date of service of this order. 3. With regard to specific RFPs at issue: —RFP 7: DENIED, as Defendant already has prcKluced dtNuments responsive to this RFP. —RFP 10: DENIED, as Defendant already has produced do...

Excerpt: ..."an interest relating to the property or transacton that is the subject of the action," (2) that the "disposition of the action may impair or impede [the non-party's] ability to protect that interest," and (3) the interest is not "adequately represented by one or more of the existing parties." (S 387 subd. "These criteria are virtually identical to those for compulsory joinder of an indispensable party." (Carlsbad Police Officers Association v. C...

Excerpt: ...ely referred to herein as "GM." The original and still-operative complaint, filed on May 18, 2023, states two causes of action: (1) Breach of Contract (based on an "Amended and Restated Enterprise Software Licensing Agreement" entered into on September 28, 2015, as well as an associated order form and purchase order); and (2) Declaratory Judgment (seeking an interpretation of certain portions of the 2015 License Agreement). The complaint alleges ...

Excerpt: ...intiff Ruby Rebosa was employed by Defendant Dolores Tapay as Ms. Tapay's in-home caregiver. (Complaint, 91.) Plaintiff alleges that in late 2018 Ms. Tapay hired her on an hourly basis to be a driver for at a pay rate of $20 per hour and was then hired to provide Ms. Tapay 24 hour in home care after Ms. Tapay suffered a fall. (Complaint, 96.) Ms. Tapay to pay Plaintiff $35ff) per month for providing full support and assistance with all activities...

Excerpt: ...d on March 22, 2021, alleged the following claims: (1) Failure to Pay Minimum Wages; (2) Failure to Pay Overtime Wages; (3) Failure to Provide Meal Periods, or Pay Premiums in lieu thereof; (4) Failure to Permit Rest Breaks, or Pay Premiums in lieu thereof; (5) Failure to Reimburse Necessary Business Expenses; (6) Failure to Provide Accurate Itemized Wage Statements; (7) Failure to Timely Pay Wages; (8) Failure to Pay All Wages Due upon Separatio...

Excerpt: ...) Arvind Srinivasan v. ZL Technologies, Inc., et al. (Case No. 2WV373027); (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). Now before the court are: (1) the motion to seal by ZL Technologies, Inc. ("ZL"); and (2) the motion by Arvind Srinivasan ("Srinivasan"), Splitbyte Inc.,...

Excerpt: ...eriod Violations Pursuant to Labor Code S 2598 et seq.; (2) Minimum Wage Violations Pursuant to Labor Code S 2698 et seq.; (3) Overtime Violations Pursuant to Labor Code S 2698 et seq.; (4) Wage Statement Violations Pursuant to Labor Code S 2698 et seq.; (5) Failure to Reimburse Pursuant to Labor Code S 2698 et seq.; and (6)Failure to Pay Wages Upon Separation Pursuant to Labor Code S 2698 et seq. Now before the court is the motion by defendant B...

Excerpt: ...ment LLC ("La Encina"), a California development company. La Encina hired Group One to construct five homes in San Jose but the contract was terminated prior to the completion of the project. On November 28, 2017, Group One filed a complaint for breach of contract and to foreclose a mechanics lien in the amount of approximately $985,000. On February 5, 2018, La Encina filed a Cross-complaint, which alleged claims for: (1) Breach of Contract; (2) ...

Excerpt: ... the following causes of action: (1) Failure to Pay Minimum Wages [Cal. Lab Code SS 204, 1994, 1194.2, and 1197]; (2) Failure to Pay Overtime Compensation [Cal. Lab Code SS 1194 and 1198]; (3) Failure to Provide Meal Periods [Cal. Lab Code SS 226.7 and 512]; (4) Failure to Authorize and Permit Rest Breaks [Cal. Lab Code S 225.7]; (5) Failure to Indemnify Necessary Business Expenses [Cal. Lab Code S 2802]; (6) Failure to Timely Pay Final Wages at ...