Excerpt: ...ed a 2010 Ford F-150 (the “Vehicle”), which was manufactured and/or distributed by FMC. (SAC, ¶ 7.) In connection with the purchase, Plaintiffs received an express written warranty, including a 3-year/36,000 mile express bumper to bumper warranty and a 5-year/60,000 mile powertrain warranty, which covers the engine and transmission. (SAC, ¶ 9.) During the warranty period, the Vehicle contained or developed defects, including but not limited...

Excerpt: ...SAC, ¶¶ 16-17.) Chen signed the document, thinking it was a sign-in sheet, and nobody described the document as a release of liability. (See SAC, ¶¶ 22-23.) Chen does not remember who handed him the clipboard or who told him that it was a sign-in sheet, but if that person was not a Silicon Shores employee, there was a Silicon Shores employee standing next to the person who referred to the document as a sign-in sheet, and that Silicon Shores e...

Excerpt: ...h and negligence arising out of a motor vehicle accident. According to the allegations of the operative SAC, decedent Sanan Altaye (the “Decedent”) was employed as a commercial semi-truck driver and operated a 2006 Freightliner Truck and 2009 Trailer in that capacity. (SAC, ¶ 8.) On November 18, 2015, the 2006 Freightliner and 2009 Trailer were taken out of operation by the California Highway Patrol (“CHP”) after an officer conducted a D...

Excerpt: ...to the SAC, on or about January 2012, Hunter purchased a 2011 Ford Edge (the “Vehicle”), which was manufactured and/or distributed by FMC.6 (SAC, ¶ 7.) In connection with the purchase, Hunter received an express written warranty, including a 3-year/36,000 mile express bumper to bumper warranty, a 5-year/60,000 mile powertrain warranty, which covers engine and transmission, and a 8-year/80,000 mile emission warranty, which covers the exhaust ...

Excerpt: ... 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 16 February 2023. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo--- Order On Plaintiff Smartrent Technologies, Inc.'s Demurrer To Defendant And Cross-Complainant Level Home's First Amended Cross- Complaint. I. Statement of Facts. Plaintiff SmartRent Technologies, Inc. (...

Excerpt: ...Plaintiffs”) and move to strike portions contained therein. Pursuant to California Rule of Court 3.1308, the Court issues its tentative ruling as follows: I. Background A. TAC Allegations This is a breach of contract action. On January 16, 2015, Carlyle, Shoreline and Mr. Calvano entered into an agreement (the “LLC Agreement”) to form the Company for the purposes of acquiring and potentially developing certain real estate in Mountain View (...

Excerpt: ... FAC, ¶ 10.) On December 11, 1997, Mr. Searle, as trustee of the Searle Family Trust, filed a complaint against Udi Fishman for quiet title, reformation, damages and injunctive relief because Mr. Fishman barricaded a road known as “Radio Road” to prevent Mr. Searle from use of the road, in Searle v. Fishman, et al. (Super. Ct. Santa Clara County, 1997, No. CV770743). (See Pl.'s opposition to demurrer, p.2:1-9.) Searle moved for summary adjud...

Excerpt: ...s.” (SAC, ¶ 1.) There are times when a patient with an emergency medical condition is brought to a hospital that is not “in-network” with the patient's HMO; however, California law requires hospitals to provide emergency medical care, regardless of whether the hospital is in-network with the patient's health plan. (Id. at ¶ 3.) Additionally, California law requires that the health plan reimburse the hospital for emergency services. (Ibid....

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 15 February 2023. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo--- Orders On: 1. General Motors LLC's Demurrer To Plaintiff's First Amended Complaint; and 2. General Motors Llc's Motion To Strike Punitive Damages From Plaintiff's First Amended Complaint. I. Statement of Facts. Ac...

Excerpt: ...ns committed against herself and other aggrieved “non-White employees.” In an order filed on August 22, 2022 (“August 2022 Order”), the Court sustained Defendants' demurrer to the PAGA claim with leave to amend. Plaintiff filed the operative Second Amended Complaint (“SAC”) on September 20, 2022. Now before the Court is Defendants' renewed demurrer to or, in the alternative, motion to strike the PAGA claim. Plaintiff opposes Defendant...

Excerpt: ...se. 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 15 February 2023. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo--- Order on Motion Of Plaintiff for Advancement Of Trial Date. I. Statement of Facts. The complaint here was filed on 04 January 2023. Plaintiff contends that I'm 22 November 2022, defendant, age 97, was travelin...

Excerpt: ...tlement class are set forth in that order. Before the Court is Plaintiffs' motion for final approval of the settlement and for approval of their attorney fees, costs, and service awards. Plaintiffs' motion is unopposed. As discussed below, the Court GRANTS final approval. I. LEGAL STANDARD FOR SETTLEMENT APPROVAL Generally, “questions whether a [class action] settlement was fair and reasonable, whether notice to the class was adequate, whether ...

Excerpt: ...es that as a result of the work of these two defendants, asbestos was disturbed and released into the residence. Defendant MG Remediation, Inc. was then hired to perform asbestos remediation. The trial in this matter is set for next week, February 21, 2023. Currently before the court are three summary judgment motions filed by the three remaining defendants. (Defendant CSAA Insurance Services, Inc. was previously dismissed.) Notably, plaintiff ha...

Excerpt: ... in August 2009, plaintiff Anupam Sahai (“Sahai”), Chandra Bilugu (“Bilugu”), and Sayi Tigadi (“Tigadi”) co-founded eGestalt Technologies, Inc. (“eGestalt”), a California corporation. (TAC at ¶ 12.) Tigadi left the company in 2010 and his shares were distributed equally between Sahai and Bilugu. (Ibid.) In December 2012, Sahai and Bilugu created a shell entity, eGestalt Technologies, a Delaware corporation (“eGestalt-Del”). (...

Excerpt: ...Viking River Cruises, Inc. v. Moriana (2022) ___U.S.___ [142 S. Ct. 1906, 2022 U.S. LEXIS 2940] (Viking River). Plaintiff opposes the motion. As discussed below, the Court GRANTS Defendant's motion in part and DENIES it in part. I. BACKGROUND As alleged in the complaint, Plaintiff worked for Defendant as a non-exempt, hourly employee from August 2016 through September 2018. (Representative Action Complaint, ¶ 10.) When Plaintiff and other employ...

Excerpt: ...tipulated order establishing a briefing schedule for Defendant's motion. Per that order, Plaintiff's opposition was due on January 12, 2023. Plaintiff did not file an opposition, and instead filed a First Amended Complaint (“FAC”) naming Manuel Nieto as an additional class representative. The FAC was filed on January 30, 2023, without leave of Court or a stipulation by the parties. Defendant urges that this filing was untimely and unauthorize...

Excerpt: ...Violation of 15 U.S.C. §§ 1681b(b)(2)(A) (Fair Credit Reporting Act); (2) Violation of 15 U.S.C. §§ 1681d(a)(1) and 1681g(c) (Fair Credit Reporting Act); (3) Violation of California Civil Code § 1786 et seq. (Investigative Consumer Reporting Agencies Act); (4) Violation of California Civil Code § 1785 et seq. (Consumer Credit Reporting Agencies Act); (5) Failure to Provide Meal Periods (Lab. Code §§ 204, 223, 226.7, 512 and 1198); (6) Fai...

Excerpt: ...Pay Overtime Wages; (3) Failure to Provide Meal Periods; (4) Failure to Permit Rest Breaks; (5) Failure to Provide Accurate Itemized Wage Statements; (6) Failure to Pay All Wages Due Upon Separation of Employment; and (7) Violation of Business and Professions Code §§ 17200, et seq. On July 10, 2020, Plaintiff filed the operative First Amended Class Action Complaint (“FAC”), which added an eighth cause of action for Enforcement of Labor Code...

Excerpt: ...ant and cross- complainant Meritage Homes of California, Inc. (“Meritage”). Plaintiffs Yalanda and Hriam Birdsong, the Bohlig Living Trust, Melissa and Basilisa Beltran, Timothy Frasch, Michael and Olivia Holt, Djenne-Sukari and Dequal Nathaniel, Henry Nguyen, Erwin and Jennifer Pablo, Gary and Stacy Quibelan, Carla Richardson, David and Crystal Sullivan, Joshua and Alicia Vera, and Akil and Stephanie Wemusa (collectively, “Plaintiffs”) a...

Excerpt: ...nts Deluxe Corporation, Deluxe Check Printers, and Deluxe Manufacturing Operations, LLC (“DMO”) (collectively, “Defendants”) on January 6, 2020. The FAC sets forth the following causes of action: (1) Failure to Provide Meal Periods (Lab. Code §§ 204, 223, 226.7, 512 and 1198); (2) Failure to Provide Rest Periods (Lab. Code §§ 204, 223, 226.7 and 1198); (3) Failure to Pay Hourly and Overtime Wages (Lab. Code §§ 223, 510, 1194, 1197 a...

Excerpt: ...d Cable California, Inc. (“Consolidated”), Verall of MI, Inc. (“Verall”), RCH Companies, Michael Burn, and Patrick Caprarola (“Caprarola”), which set forth the following causes of action: (1) Unpaid Wages, Violation of Wage Orders and Labor Code §§ 200, et seq., 223, 226.2, 1194; (2) Overtime Wages, Violation of Wage Orders and Labor Code §§ 510 and 1194; (3) Failure to Provide Meal Periods or Premium Wages in Lieu Thereof, Violat...

Excerpt: ...ject”) by Respondent Santa Clara Valley Water District (“District”). In its April 28, 2022 Notice of Exemption (“NOE”) the District allegedly found that the Project was exempt from CEQA under two categorical exemptions from CEQA set forth in the CEQA Guidelines (14 C.C.R. § 15000 et seq., “Guidelines”). These are the “Minor Alterations to Land” exemption (Guidelines § 15304), sometimes referred to as a “Class 4 “exemption,...

Excerpt: ...eGestalt”), a California corporation. (TAC at ¶ 12.) Tigadi left the company in 2010 and his shares were distributed equally between Sahai and Bilugu. (Ibid.) In December 2012, Sahai and Bilugu created a shell entity, eGestalt Technologies, a Delaware corporation (“eGestalt-Del”). (TAC at ¶ 13.) In March 2015, the eGestalt-Del was renamed Aegify, Inc. (“Aegify”). (TAC at ¶ 15.) On February 1, 2010, Aegify made an offer of employment ...

Excerpt: ...ner (“Emily”) is Klopp's niece. (Ibid.) Throughout his life, Klopp remained close to Jane and Emily, often assuring Emily that she would never have to worry about money. (Id. at ¶ 8.) When Jane was experiencing health problems in 2021, Klopp told Jane and Emily not to worry about the healthcare costs because he had “multiple millions of dollars” set aside for them. (Id. at ¶ 8.) Beginning in or about 2003, Klopp established several indi...

Excerpt: ... RealPage as a “System Administrator” from September 2017 until his termination on September 30, 2019. The Complaint alleges (at ¶ 1) that Hix was misclassified by his employers as an employee who was exempt from the overtime provisions of California's Wage Orders. On-Site and RealPage are the only named defendants in the Complaint. The Complaint states six causes of action: (1) Failure to pay overtime (violation of Labor Code §§ 510, 558 ...