Excerpt: ...ation, Schultz Industrial Services, Inc., and Schultz Mechanical Contractors, Inc. (collectively, "Defendants") on January 21 2020, sets forth a single cause of action for Violation of 15 U.S.C. (FCRA). Plaintiff reached a settlement with Defendants. On March 29, 2023, the court adopted its tentative ruling, granting preliminary approva of the settlement subject to approval of the amended class notice. Plaintiff's counsel filed an amended class n...

Excerpt: ...st Agriculture, Inc. ("Defendant"), which sets forth the following causes of action: (1) Violation of the California Consumers Legal Remedies Act, Cal. Civ. Code SS 1750, et seq.; (2) Violation of the California Unfair Competition Law, Cal. Bus. & Prof. Code SS 17200, et seq.; (3) Violation of the California False Advertising Law, Cal. Bus. & Prof. Code SS 17500, et seq.; (4) Breach of Express Warranty; (5) Breach of Implied Warranty of Merchanta...

Excerpt: ...each of the Covenant of Good Faith and Fair Dealing (against all defendants); (3) Prom-ssory 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 (against all defendants); (7) Fraudulent Inducement (against all defendants); (8) Intentional Misrepresentation (against all defendants); (9) Negligent Mis...

Excerpt: .... The answer generally denied the allegations and listed 28 affirmative defenses. On January 26, 2023, more than a year and a half later, the court heard and granted a motion to be relieved as counsel by Arevo's attorney. A formal order on the motion issued on March 24, 2023. Currently before the court is Festo's motion to strike Arevo's answer. There is no opposition on file. II. REQUEST FOR JUDICIAL NOTICE "Judicial notice may not be taken of a...

Excerpt: ... Mr. Guo was evicted along with his sub-lessors. Mr. Guo sued Ms. Bhagat for $5zm which he claims represents four months of rent, in a small claims action. Ms. Bhagat sued Mr. Guo and Ms. Zhu for breach of quiet enjoyment of premises, harassment of tenant, breach of habitability, housing discrimination, negligence, intentional infliction of emotional distress, and unfair and unlawful business practices in an unlimited civil action. Ms. Zhu claims...

Excerpt: ...nt. On or about June 13, 2023, Defendant responded to Plaintiff's RFPs. Defendant indicates that it has produced more than 790 pages of documents related to Plaintiff's allegations and her vehicle, including its policy/procedures and training materials pertinent to the pre-litigaton handling of Plaintiff's repurchase/replacement request. Plaintiff seeks an order striking Defendant's objections and compelling Defendant to provide further responses...

Excerpt: ...ling. l. undisputed Factual Background On or about October 5, 2006, Plaintiff obtained a $564,000.00 Loan ("the Loan") secured by real property located at 702 Flannery Street, Santa Clara, CA 95051. (Separate Statement of undisputed Material Facts ("SSUMF"), '1 1; Declaration of Kevin Flannigan ("Flannigan Decl.") 4, Ex. 1.) The Loan is evidenced by a Deed of Trust publicly recorded by the Santa Clara County Recorder on October 11, 2006. (SSUMF, ...

Excerpt: ...in Bates, and Brynn Ota-Matthews and stated causes of action for: (1) negligence and (2) premises liability against defendants Gilroy Garlic Festival Association, Inc. ("GGFA") and First Alarm Security & Patrol, Inc. ("First Alarm"). Plaintiffs filed a First Amended Complaint on February 27, 2020, with additional plaintiffs— Gabriella Gaus, Harry de la Vega, Barbara V. Aguirre, Alberto Romero, Barbara J. Aguirre, Lesley Sanchez (by and through ...

Excerpt: ...irst amended complaint, which asserted claims for (1) breach of contract; (2) fraud and deceit- promise without intent to perform; (3) intentional misrepresentation; (4) negligent misrepresentation; (5) conversion; (6) accounting; and (7) declaratory relief. On November 13, 2019, the Court issued its order sustaining Defendants' demurrer as to the fraud-based claims (the second, third, fourth and fifth causes of action) and overruling as to the r...

Excerpt: ... of aQ Group, Inc. a brokerage firm founded by defendant Jing Qin aka Bill Qin ("Qin"), Jason's supervisor. (ld., "1 9-10.) Beginning on July 9, 2021, Plaintiffs allege defendant Jason began approaching and stealing their clients. (Complaint, 11-18.) Thereafter, Plaintiffs contacted defendant Qin to take immediate action to stop Jason from engaging in unfair business practices. (ld., '1 19.) Qin, however, turned a blind eye to Jason's actions as ...

Excerpt: ....) Alvarez later transferred ownership to Montes, which he duly recorded. (ld.) Plaintiffs Alvarez and Montes (collectively, "Plaintiffs") were in lawful possession of the subject property at 5430 Pacheco Pass Highway when, on May 15, 2017, Plaintiffs received correspondence from the County of Santa Clara Department of Planning and Development ("Department") informing them that the property was in violation of the County Ordinance Code. (See SAC,...

Excerpt: ...e original complaint, the first amended complaint ("FAC"), and second amended complaint ("SAC"), which were sustained or granted in part. Latessa filed her operative third amended complaint ("TAC") on May 24, 2023. Defendants filed the present demurrer and motion to strike on June 27, 2023. Defendants demur to the first, second, third, sixth, seventh, and eighth causes of action for failure to state facts sufficient to constitute any claim. (Code...

Excerpt: ...party opposing the tentatve ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 14 June 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Defendants Nigel Pang, Conliza Pang, Parnell Pang, and Derrick Pang's Demurrer To Plaintiff's Complaint. l. Statement of Facts. Plaintiff SPG Center, LLC ("SPG") is the owner of those certain premises commonly known...

Excerpt: ...ders who was misled into lending money to Greymont, McClenahan, and Flores through several fraudulent real property development schemes. (FAC, p. 2:9-11.) Defendants convinced Plaintiff to abandon her secured deeds of trust on one development project, on the promise of being secured by another development project. (ld. at p. 2:11-13.) The second development project was already significantly overencumbered and resulted in Plaintiff losing the enti...

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 14 June 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order On Demurrer Of Defendant SGLC Inc. to Plaintiffs' First Amended Complaint. l. Statement of Facts. On or about 26 June 2012, plaintiff MFAS Direct Services, LLC ("MFAS") purchased the real property loca...

Excerpt: ...North First Street, San Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4m PM on 14 June 2023. Please specify the issue to be contested when calling the Court and Counsel. Orders on: (1) Defendant Doe 3, Family Service Organization's Demurrer To Plaintiffs' Complaint For Damages; and (2) Specially Appearing Church Of Jesus Christ Of Latter-Day Saints' Motion To Quash Servi...

Excerpt: ...sion is unconscionable and DENIES the moton. The party challenging a contractual arbitration provision bears the burden of proving that it is both procedurally and substantively unconscionable. (OTO, LL.C. v. Kho (2019) 8 Cal.5th 111, 126.) This may be done on a sliding scale, where the more substantively oppressive the contract term, the less evidence of procedural unconscionability is required, and vice versa. (ld. at pp. 125-126.) In this case...

Excerpt: ...compliant wage statements, and committed other wage and hour violations. In related case no. 21CV3 85443, Plaintiffs Jose Garduno and Juan Padilla, also former employees of Defendants, make similar allegations against Defendants but also include a claim for unlawful wage deductions. Before the Court is Plaintiffs' motion for final approval of a settlement, which is unopposed. As discussed below, if Plaintiffs provide satisfactory clarification of...

Excerpt: ...ovember 16, 2023 (i.e., in one week). While Jane Doe is presently just under 14 years old, Jane Doe 2 is nine months older and is already 14. Defendant Union School District (the "District") does not oppose Jane Doe's request, recognizing "the mandatory nature of secton 36, subd. (b)." (Opposition at p. 1:24-26.) But the District also argues that the "interest of justice" requires that Jane Doe's case be severed from Jane Doe 2's case and the two...

Excerpt: ...reconsideration of the Court's August 14, 2023 order granting Cisco's renewed motion for summary judgment/adjudication of both causes of action asserted in lnESS's First Amended Complaint in Case No. 19CV347622. 2 As discussed below, the court DENIES Iness's motion. l. MOTION FOR RECONSIDERATION A. Legal standard and Propriety of Motion Motions for reconsideration are generally governed by Code of Civil Procedure secton 1008 ("Section 1008"), whi...

Excerpt: ...or declaratory relief; but the court also granted the motion in small part (with leave to amend), determining that the seventh affirmative defense was "merely conclusory and contains no supporting facts." (Order at pp. 5:24-26 & 6:16-18.)1 Mummah now brings this motion for sanctions under Code of Civil Procedure section 128.5, arguing that Li's JOP moton was "frivolous," "solely intended to cause unnecessary delay," and brought in "bad faith," bu...

Excerpt: ...nd David disagree about whether there is an outstanding loan on the family home. Elizabeth filed this lawsuit against various company defendants and David for declaratory and injunctive relief as to whether the loan on the family home is legitimate and should be enforced. She did not sue Bend. One defendant, Altva Capital Management Limited, filed a counterclaim against David and Bend to enforce the loan on the family home. Elizabeth, as a Member...

Excerpt: ...ty opposing the tentatve ruling must call Department 20 at 408.808.5856 and the opposing party no later than PM on 14 June 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order On Defendants Peyman Rad and Sasan Momeni's Special Motion To Strike (Code of Civil Procedure, S 5425.16) Plaintiff's Complaint For (1) Defaming (Libeling); (2) Malicious Conduct; (3) Breach Of Fiduciary Duty; (4) Intentional ...

Excerpt: ...nal Parking Services, Inc. ("Defendant"), alleging various Labor Code violations in 2015 ("Turner Acton"). 2 On January 21, 2016, plaintiff Mykale Rocquemore ("Rocquemore") filed a representative action against Defendant asserting a single claim for civil penalties under the Private Attorneys General Act of 2W4 ("PAGA") ("Rocquemore Action"). The PAGA claim is predicated on allegations that Defendant failed to compensate Rocquemore and the other ...

Excerpt: ...ightower") against defendants Compass Group USA, Inc. and Levy Premium Foodservice Limited Partnership ("Levy"), erroneously sued as Levy 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 acton: (1) Failure to Pay All Wages Owed Including Overtime; (2) Unlawful Deductions; (3) Failure...

Excerpt: ...ilure to Provide Meal Periods of Pay Meal Period Premiums (Labor Code SS 204, 223, 226.7, 512 and 1198); (2) Failure to Authorize and Permit Rest Breaks or Pay Rest Break Premiums (Labor Code SS 204, 223, and 226.7); (3) Failure to Pay Overtime Wages (Violation of California Wage Order and Labor Code SS 204, 223, 510, 1194, 1197 and 1198); (4) Failure to Provide Accurate Itemized Wage Statements (Labor Code S 225); (5) For Waiting Time Penalties ...

Excerpt: ...s v. Richard Barton, et al. (Santa Clara County Superior Court, Case No. 22CV407(M7) ("Daniels Acton") and Jessica Perry v. Richard Barton, et al. (Santa Clara County Superior Court, Case No. ("Perry Acton"). On 7, 2022, plaintiff Martin Daniels ("Daniels") filed a Stockholder Derivative Complaint for Breach of Fiduciary Duty, Unjust Enrichment, and Waste of Corporate Assets ("Daniels Complaint") against Netflix and certain directors and officers...

Excerpt: ...ed on December 14, 2021, sets forth causes of action for: (1) Failure to Pay Minimum Wages; (2) Failure to Pay Overtime Compensation; (3) Failure to Provide Meal Periods; (4) Failure to Authorize and Permit Rest Breaks; (5) Failure to Indemnify Necessary Business Expenses; (6) Failure to Timely Pay Final Wages at Termination; (7) Failure to Provide Accurate Itemized Wage Statements; (8) Unfair Business Practices; and (8) Civil Penalties Under PAG...

Excerpt: ...uses of action: (1) Failure to Pay Minimum Wages [Cal. Lab. Code SS 204, 1194, 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 5121; (4) Failure to Authorize and Permit Rest Breaks [Cal. Lab. Code S 226.7]; (5) Failure to Indemnify Necessary Business Expenses [Cal. Lab. Code S 2802]; (6) Failure to Timely Pay Final Wages at Termination ...

Excerpt: ...the following causes of action: (1) Failure to Pay Minimum Wages; (2) Failure to Pay Overtime Owed; (3) Failure to Provide Lawful Meal Periods; (4) Failure to Authorize and Permit Rest Periods; (5) Failure to Timely Pay Wages During Employment; (6) Failure to Timely Pay Wages Owed upon Separation From Employment; (7) Failure to Reimburse Necessary Expenses; (8) Knowing and Intentional Failure to Comply with Itemized Wage Statement Provisions; (9)...

Excerpt: ... necessary discovery, KGB has not shown that a terminating sanction is the appropriate remedy here, given its failure to seek less severe sanctions or show why less severe sanctions would be inadequate. 1. Recent Procedural History KGB filed its original motion to compel against the Schimmels on February 7, 2023. One week later, on February 14, 2023, the Schimmels' attorney filed a motion to be relieved as counsel. The motion to compel was heard ...

Excerpt: ...irst Street, San Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 06 November 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Demurrer Defendant Wells Fargo Bank, N.A. to Plaintiff's Complaint. l. Statement of Facts. This is an action for damages brought by plaintiffs Flavio P. Pando and Maria J. Pando (coll...

Excerpt: ...rve or maintain the utility or performance of the Vehicle or to provide compensation if there was a failure in such utility or performance. (Ibid.) The Vehicle was delivered to Plaintiff with serious defects and nonconformities to the warranty and it developed other serious defects and nonconformities to the warranty, including but not limited to, engine, transmission, electrical, and exterior defects. (FAC, 9.) Plaintiff initiated this action on...

Excerpt: ...ber Defendants hired Plaintiff as a full time, non-exempt employee. (Complaint, '128.) She performed her job duties with excellence until Mehranfar terminated her on July 8, 2021. (Ibid.) During her employment, Defendants misclassified Plaintiff as an independent contractor and deprived her of pay for all hours worked, rest periods, mealtimes, and itemized wage statements. (Complaint, '135.) Plaintiff worked 5 days a week, with 3 of those days co...

Excerpt: ...oes it contest the factual basis for the amounts sought by defendants (counsel's billing records). Nevertheless, 18T opposes the motion on three grounds, discussed below. 1. The Court's "Schedule of Reasonable Attorney Fees" First, IBT argues that the court has published a "Schedule of Reasonable Attorney Fees" on its website and that defendants' request "is 80 times higher than allowed" by this schedule. The court rejects this argument out of ha...

Excerpt: ...e original complaint on July 14, 2022. John 1 and John Doe 2 filed a First Amended Complaint ("FAC"), adding allegations regarding the latter, on August 31, 2022. Plaintiffs filed the operative Second Amended Complaint ("SAC"), adding allegations regarding John Doe 3, on February 10, 2023. All three Plaintiffs allege that they were sexually abused at different times by defendant Ronald Gardner ("Gardner"), while he was employed by the District. T...

Excerpt: ...ects." Plaintiffs "national origin is Lebanese, which is an Arab country in the Middle East" and has "Arabic ancestry and ethnic characteristics." Plaintiff's first name "Mazen" is allegedly "known to be an Arabic name" and his surname "Arakji" is allegedly "known to a [M]uslim surname." (First Amended Complaint 1.) Plaintiff holds a Bachelor's in Electrical and Computer Engineering and a Master's in Computer Engineering from the university of Co...

Excerpt: ...osition: Taylor has proposed recording the testimony by audio only, rather than stenographically; in addition, he has proposed having the oath administered at a UPS Store in Sunnyvale (where there is a notary public) and then conducting the examination in the lobby of City Hall in Palo Alto. Like the City, defendant Su has also objected to the proposed manner and location of the deposition. The court agrees with the City and Su that the depositio...

Excerpt: ...e. 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 06 November 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Orders on Motions of Plaintiff Bernardo Magaöa Loya to Compel Defendant General Motors LLC To Provide Further Responses to Special Interrogatories, Requests For Production Of Documents, and to Form Interrogatori...

Excerpt: ...art the request for sanctions. 1. Documents Relating to the "Kennedy Investigation" (Requests for Production Nos. 27 & 29) The parties' primary substantive dispute centers on an investigation by the District into allegations of sexual assault committed by defendant Bryan Rios, which Flowers-Haywood refers to as the "December 2017 Kennedy Investigation." According to the District, it retained "outside counsel" to conduct this investigation after a...

Excerpt: ...tion pursuant to Code of Civil Procedure section 761.010 on May 30, 2023. CN One moves the Court to expunge the lis pendens. PP Elmdale owns apartment buildings located at 984 Elm Street in San Jose ("Plaintiff's Property") and at the adjacent 990 Elm Street, both of which it acquired in 1973. (Complaint, "1, 4, Ex. A; Corrected Declaration of Kirk Kozlowski, '13.) In 2020, CN One purchased property adjacent to 984 Elm Street for development ("De...

Excerpt: ...ly, "Plaintiffs") have filed causes of action alleging negligence and premises liability, among other claims, against defendants Gilroy Garlic Festival Association ("GGFA"), First Alarm Security & Patrol, lnc„ the City of Gilroy (the "City"), and Century Arms, Inc. ("Century Arms"). On July 23, 2021, Plaintiffs filed the operative pleading, the fifth amended complaint ("5AC"), which alleges the following causes of action: 1. Negligence - agains...

Excerpt: ...rding to Tesla, Autopilot provides numerous warnings and instructions to its users, both in the manual and in the car while the Tesla is in use, making clear that drivers need to keep their hands on the wheel and "be prepared to take over at any time" even while Autopilot is engaged. Tesla also argues that consumers are made aware of Autopilot's limitations in areas where, for example, the lanes are unclear, the light is low or the Tesla's camera...

Excerpt: ...n of assets and liabilities. (ld.) On July 18, 21W7, pursuant to a judgment of dissolution for division of assets and liabilities, Olivia and An agreed to sell a jointly-owned vacation home located at 39045 N. Shore Drive in Fawnskin, CA ("Fawnskin Home") and divide the proceeds after sale. (ld.) However, Olivia and An never sold the Fawnskin Home after their divorce but continued to jointly own and use the property thereafter. (ld.) The Fawnskin...

Excerpt: ... the allegations of the operative Complaint, on various dates beginning on or about April 20, 2021, and continuing through the present date, plaintiff Robert Everet Johnston is alleged to have incurred one or more contractual obligations owed to Embarcadero Homes, Inc. ("Embarcadero"). (Complaint, '1 13.) The alleged debt is a "consumer debt" as the term is defined under the RFDCPA. Plaintiff alleges that Embarcadero retained Defendant to collect...

Excerpt: ...de, S 12900, et seq.) ("FEHA") against employee John Doe ("Doe"). Doe is a Dalit Indian, a caste at the bottom of the Indian hierarchy into which he was born. (Compl., 1.) Doe was recruited and hired at Cisco by 'yer in or around September 2015. (30.) At Cisco, Doe worked with a team of entirely Indian employees who all grew up in India and immigrated to the United States as adults. (Compl., 3.) Except for Doe, his entire team was from the high c...

Excerpt: ...fendants LPCH and Stanford Health Care's (collectively, "Defendants") motion for a protective order and (2) deceased Plaintiff Emily Masuda's competing motion to compel Defendants to provide the class list and to allow discovery into the identity of absent class members to locate potential additional class representatives. Both motions are opposed. As discussed below, the Court GRANTS Defendants' motion for a protective order and DENIES Plaintiff...

Excerpt: ...f Eagle Ridge called Eagle Ridge Courtyards ("Courtyards"). Plaintiff is an owner within the Courtyards. All owners within the Courtyards are members of Eagle Ridge Owners Association ("Association") and subject to the Eagle Ridge Declaration of Covenants, Conditions and Restrictions ("CC&Rs"). The Courtyards are also subject to the Declaration of Annexation and Supplemental Restrictions for The Community of Eagle Ridge ("Supplement"). The Supple...

Excerpt: ...Jerry Ivy Sr. and Deborah Ivy, Plaintiff's parents, reside in Santa Clara County. Defendant Edward lw, Plaintiff's brother, resides in Contra Costa County. Plaintiff's original Complaint was filed on November 17, 2020. Defendants initially brought a demurrer against this complaint, but this was rendered mint when the operative First Amended Complaint ("FAC") was filed on May 18, 2021. The FAC originally stated 13 causes of action against all Defe...

Excerpt: ...f Surgery for the Santa Clara Valley Medical Center ("SCVMA") for 13 years until she tendered her resignation on August 18, 2017. (Complaint, 2.) In January 2017, Plaintiff took medical leave because of her disability. (Complaint, 4.) She returned to work in late July 2017, with a Work Status Report from her doctor that contained a restriction, limiting her to no more than 4 hours of work per day. (Complaint, '15.) The Work Status Report stated "...

Excerpt: ... Abittan, Benjamin Fisch, and Charles Lu conspired to: (a) assert a false claim of ownership of its business; (b) misappropriate its trade secrets; (c) usurp and interfere with control over its assets, such as social media accounts; and (d) interfere with its relationships with investors and business partners. Mr. Abittan, a former business partner of Ms. Chao and Mr. Ding, filed a crosscomplaint alleging, among other things, that Ms. Chao and Mr...

Excerpt: ...ayers committed various acts of domestic violence against her. (Amended Complaint ("AC"), Plaintiff further alleges Mayers' stepfather, James P. Dechaine and his stepbrother Roanld Dechaine were involved in a "traunching" fraud scheme involving investments and real estate. (AC, "113-14.) Plaintiff also seems to allege that Defendants Randy Omoto and his wife Alison Macuch were involved in a scheme with Mavers and the Dechaines to use Plaintiff's ...

Excerpt: ...y opposing the tentatve ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 01 November 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Orders on: 1. Defendant Revestors LLC For Order To Expunge Any and All Notices Of Pendecy Of Action Or Lis Pendens; 2. Demurrer of Defendant Revestors LLC To Plaintiff's Complaint; and 3. Motion of Plaintiff to Consolidate F...

Excerpt: ...Policy"). (FAC, '1 10.) In August 2019, Carpenter began the process of obtaining for Plaintiff, through Lincoln Financial Group ("Lincoln"), two additional life insurance policies for $7,500,000 each (the "Lincoln Policies"). (ld. at 11.) Carpenter told Plaintiff he would do a "1035 exchange" from the John Hancock Policy to the Lincoln Polices for an estimated total of $162,000. (ld. at '1 12.) The FAC further alleges Carpenter allowed the John H...

Excerpt: ...tion, which is currently under submission. The motion was initially by Plaintiffs, but in their response to Google's reply, they explain that as a result of the parties' negotiations during the meet and confer process, they now withdraw that opposition. As discussed below, the Court GRANTS the moton as modified by the parties' negotiations.7 X. MOTION TO SEAL A. Legal Standard "The court may order that a record be filed under seal only if it expr...

Excerpt: ...efendant Hero Adams to (1) form interrogatories ("Fl") (set one), nos. 12.1-12.7, 13.1, 13.2, 14.1, 14.2 and 15.1, (2) special interrogatories (set three) nos. 1 and 2, (3) Sl (set four), nos. 1-29 and (4) requests for production of documents ("RPD") (set two), nos. 1-84. Plaintiff seeks monetary sanctions in connection with all four motions. Defendant opposes the motions and requests monetary sanctions in its favor. As discussed below, the Court...

Excerpt: ...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, "Rivian") are a prospective electri...

Excerpt: ...eneral Act of 2004 (Labor Code SS 2698, et seq.) ("PAGA"). On June 7, 2023, the court entered a Stipulation to Permit Filing of Consolidated Complaint; Order ("Stpulation"), which granted Plaintiff leave to file a consolidated complaint. The Stipulation states that Plaintiff filed a putative wage and hour class action, Sima Adami v. Prime Now LLC (Santa Clara County Superior Court, Case No. 21CV379287), in addition to her PAGA representative acti...

Excerpt: ...s forth causes of action for: (1) Violation of Labor Code SS 510, 558, and 1194; (2) Violation of Labor Code SS 226.7 and 512; (3) Violation of Labor Code S 2802; (4) Violation of Labor Code S 226; (5) Violation of Business and Professions Code SS 17200, et seq.; and (6) Violation of Labor Code SS 2698, et seq. ("PAGA"). The parties have reached a settlement. Plaintiff Marie Rebelo Showalter ("Plaintiff") now moves for preliminary approval of the...

Excerpt: ... for: (1) Failure to Pay Minimum Wages [Cal. Lab. Code SS 204, 1194, 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, 512]; (4) Failure to Authorize and Permit Rest Breaks [Cal. Lab. Code S 226.71; (5) Failure to Indemnify Necessary Business Expenses [Cal. Lab. Code S 28021; (6) Failure to Timely Pay Final Wages at Termination [Cal. Lab. Co...

Excerpt: ...cton: (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 Break Liability under Labor Code S 226.7; (5) Violation of Labor Code SS 226(a); (6) Violation of Labor Code S 221; (7) Violation of Labor Code S 204; (8) Violation of Labor Code S 203; (9) Violation of Business & Professions Code S 17200 et seq.; and (10) Penalties Pursuant to Labor Co...

Excerpt: ...e Consolidated Class Action Complaint, filed on January 12, 2023, sets forth the following causes of acton: (1) Failure to Pay Minimum Wages; (2) Failure to 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; (7) Failure to Reimburse Necessary Business Expenses; (8) Violation of Business...

Excerpt: ...led to prov-de timely notice of Chau's claim under the insurance policy. Formation8 and Arch have now filed dispositive motions against each other. For the reasons that follow, the court GRANTS in part and DENIES in part Formation8's motion for summary adjudication, DENIES Arch's moton for summary judgment, and GRANTS in part and DENIES in part Arch's motion for summary adjudication. l. BACKGROUND A. The Policies Formation8 was the named insured ...

Excerpt: ...er which Defendants agreed to help Plaintiff invest in real estate properties. On the same day, Plaintiff transferred $400,000.00 to Formica's bank account in exchange for his finding and purchasing an investment property for her. On or about February 3, 2018, Plaintiff and Defendants signed a note ("Promissory Note") in which Defendants agreed to return Plaintiff's $400,000.00, plus interest, by June 15, 2018. (Complaint, Exhibit A.) Defendants ...

Excerpt: ...s of Non-Hodgkin lymphoma and chronic liver disease. Defendant Tawa Supermarket, lnc„ has filed an opposition to Plaintiff's motion, in which they take the position that Plaintiffs have failed to meet their burden under CCP 535 because the declaration of counsel does not contain any documentation concerning current medical diagnoses, and that a preferential trial date would deprive defendant of their due process right to conduct a thorough inve...

Excerpt: ...atic stress disorder for which he had been hospital-zed several times. (Ibid.) In 2019, Plaintiff was a graduate student at Stanford University in the neuroscience field. (TAC, '1 14.) On March 9, 2019, he believed he was suffering a bipolar episode and presented to Stanford Hospital for voluntary admission. (TAC, 15-16.) During his stay, he was prescribed medications that were not medically appropriate, given his history and symptoms. (TAC, "1 1...

Excerpt: ...e. 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 30 October 2023. Please specify the issue to contested when calling the Court and Counsel. mtnoOooom Order on Motion of Defendant Doe 1 to Compel Plaintiff to Identify Doe Defendants. The complaint in this matter was filed on 09 November 2022. Plaintiff contends that in 1974 when he was a minor child and a member and ...

Excerpt: ...ending default), locked him out of the premises, placed his belongings outside, and took some of his personal property, including an audio recording containing information Plaintiff claims is necessary for another lawsuit. ay this motion, Plaintiff seeks an order compelling Defendant Irma Cruz to provide responses to his Form Interrogatories (Set Two), Requests for Production of Documents (Set One), and Requests for Admission (Set One). It appear...

Excerpt: ...les for Defendant and Cross- Complainant S5 Advisory, Inc. ("S5"). Plaintiff alleges causes of action for wrongful termination, discrimination, and related claims stemming from that contractual relationship. S5 cross-complains for trade secret misappropriation, unfair competition, and related claims. After Plaintiff filed her motons to compel, the parties engaged in further meet and confer efforts and narrowed the number of requests that remain a...

Excerpt: ...o. 2010-1-CV- 178708. Petitioner has provided, and requested the court take judicial notice of, documents from that court file showing the cases were dismissed on July 10, 2010 and February 7, 2012, respectively. Respondent has filed an "Objection to Notice of Motion for Order of Expungement Lis Pendens From Verified Petition," in which she states, without supporting documentation, that "there is a pending lawsuit involving the property." II. Leg...

Excerpt: ...a reasonably careful person would do in the same situation" causing injuries to Plaintiffs. (Complaint, p. 4, '1 2.) Specifically, Villela drove over 85 miles per hour while swerving between other vehicles traveling north on Highway 101. (Ibid.) Marra was the owner of the vehicle driven by Villela. (ld. at p. 5, 2.) Plaintiffs further allege that Marra knew, or should have known, that Villela was incompetent or unfit to drive the vehicle but stil...

Excerpt: ...ardi Constructon Company ("Lusardi"), and Simmons Glass and Window, Inc. ("Simmons"). (ld. at 1, 11-14.) Plaintiff alleges the shower door in her hotel nnm shattered and onto her, causing severe bodily injuries and other damages. (ld. at '11.) According to Plaintiff, defendants are responsible for her injuries, including by failing to comply with safety standards and exercise ordinary care with respect to the shower door that caused her injuries....

Excerpt: ...ackground This is an eminent domain action. Plaintiff seeks to acquire a subsurface subway easement beneath a 6,723 square foot area of Defendants' real property ("Subject Property") for SCVTA's BART Silicon Valley Extension (BSV) Program ("Project"). The Project will extend BART service from Fremont through Milpitas, San Jose, and into Santa Clara. After completion of various studies and environmental impact reports, SCVTA notified the Defendant...

Excerpt: ... to COVID-19 would exacerbate his disability. (Complaint, 13.) His request was denied without explanation, and he was denied time off under the Family Medical Leave Act ("FMLA") and paid administrative leave because his doctor's note did not have all the necessary information. (Complaint, 14-15.) Although he provided the required documentation, the County changed its policy regarding paid administrative leave in April 2020. (Complaint, 16.) The C...

Excerpt: ...parent amount of $58,237.41. Attached to the complaint as Exhibit A is a copy of a December 14, 2020 offer of employment letter from LoanDepot to Chen, signed by Chen (only). Paragraph 8 of the letter states: Agreements and Policies. This offer is contingent upon all agreements being acknowledged and agreed upon via the companvs HRIS tool, Workday, prior to your first day of employment. Agreements could include: Arbitration Agreement, Employee Co...

Excerpt: ...age statements, and committed other wage and hour violations. Before the Court is Plaintiffs' motion for final approval of settlement and motion for attorney fees and costs, both of which are unopposed. As discussed below, the Court GRANTS both motions. VII. BACKGROUND Plaintiff began employment as a non-exempt employee with Defendant in 2013 and it appears that he remains employed by Defendant. According to Plaintiff, he was not paid for all hou...

Excerpt: ...e the Court is Plaintiffs' motion for final approval of a settlement and motion for attorney fees, both of which are unopposed. As discussed below, the Court GRANTS the motions. l. BACKGROUND Mr. Aguilar began employment with Defendant in August 2020 and Ms. Cazares began employment with Defendant November 2020. (First Amended Class Action Complaint ("FAC'), 3.) They were both employed by Defendant until March 2021 as non-exempt employees. (Ibid....

Excerpt: ...miums, and failed to provide code-complaint wage statements, among other Labor Cuie violations. Now before the Court is Plaintiff's motion for preliminary approval of a settlement, which is As discussed below, the Court GRANTS Plaintiffs' motion. XIII. BACKGROUND On January 24, 2022, Ms. Martnez and Ms. Orellano filed a PAGA Complaint against Defendant in this Court in the action captioned Martinez, et al. v. Pacific Catch, lnc„ Case No. 22CV39...

Excerpt: ...ejudice. Plaintiff's request for monetary sanctions is GRANTED IN PART. XXI. BACKGROUND According to the allegations of the operative First Amended Complaint ("FAC"), Ms. Joven was employed by Defendant as an hourly paid, non-exempt custodian from approximately April 2004 to August 2020. (FAC, 4.) She alleges that Defendant failed to pay all minimum and overtime wages, failed to provide employees with all rest and meal periods that they were enti...

Excerpt: ...tiffs Delia and Isaias Ruvalcaba and Næ and Elizabeth Perez purchased the Subject Property for by paying the Ortegas $200mo in cash and borrowing from the Ortegas on a seller carryback note secured by a deed of trust that was recorded against the Subject Property. (Complaint, 18.) Plaintiff alleges the Ortegas failed to disclose an easement that permits Defendant Recology Pacheco Pass to install drainage, pumps, tanks, and similar systems on the...

Excerpt: ...ome located at 70 West Fifth Street in Morgan Hill, California. (See Complaint at GN-I.) On January 10, 2017, while this was in effect, a tree owned by defendant Chan, fell and landed on the house causing damage to the Insured's home. (ld. at GN-I, Prem. L-1.) Thereafter, Allstate, pursuant to the terms and conditions of the policy, paid certain claim payments for the aforementioned loss to the Insured's home. (Ibid.) Allstate alleges defendant C...

Excerpt: ...ther to Willow Bonner. Mr. Bonner had just turned 55 when he fell from his chair while doing physical therapy at home, landed on his right arm, and dislocated his shoulder. Five days later, on October 31, 2018, Mr. Bonner presented to Regional Medical Center of San Jose emergency department. The plan was to admit Mr. Bonner and attempt closed reduction under conscious sedation and, if necessary, open reduction under general anesthesia. (Defendant...

Excerpt: ...nd a Virginia corporation) by DLSE to enforce judgments for unpaid wages obta-ned by former CMS employees. This case was consolidated with Case No. 20CV269589, a lawsuit originally filed in Placer County and later transferred to this county, on July 7, 2020. The original complaint in this action was filed on June 13, 2019. A First Amended Complaint ("FAC") was filed on December 6, 2019. A Second Amended Complaint ("SAC") was filed on July 7, 2020...

Excerpt: ...ues that the inclusion of AAA renders the arbitration provision unconscionable, because AAA does not guarantee him the right to conduct discovery. The court finds Robertson's position to devoid of merit and GRANTS the motion to compel. The party challenging a contractual arbitration provision bears the burden of proving that it is both procedurally and substantively unconscionable. (OTO, LL.C. v. Kho (2019) 8 Cal.5th 111, 126.) This may be done o...

Excerpt: ...ive rulings. l. Background This achon arises out of a data breach. Plaintiff is an insurance company that issued a series of insurance policies to corporate insureds for coverage against cyber-related insurance risks. (Amended Complaint ("AC"), '1 2.) Defendant is a technology and software company that provides software for secure electronic file sharing and services to customers. (ld., '1 5.) Defendant developed and sold licenses for a software ...

Excerpt: ...t, 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 11 October 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motion of Plaintiffs to Reconsider This Court's Order of 04 May 2021 Granting the Motion of Defendant Ford Motor Company to Compel Arbitration and Stay Proceedings. l. Statement of Facts. Plaint...

Excerpt: ...irst. 1. Requests for Admissions / Form Interrogatory No. 17.1 C.N.'s requests for admissions focus on whether Stewart was a mandated reporter from 2CM to 2004 (Nos. 1-4) and whether Stewart contacted law enforcement or child protective services regarding "John Zoe," C.N.'s abuser (No. 5). This information is discoverable and is not shielded from disclosure by the Fifth Amendment privilege against self-incrimination, as the court finds that there...

Excerpt: ...for legal services between Ari Law and that client. (Complaint, 10.) Defendants' defamatory statements included statements about the quality of Ari Law's legal work and billing practices, which allegedly caused the former client not to pay Ari Law for services rendered. (ld. at '1 11.) On June 13, 2023, Affeld and David W. Affeld, APC filed a special moton to strike the complaint under Code of Civil Procedure section 425.16, also known as an "ant...

Excerpt: ...on January 17, 2023, sets forth the following causes of acton: (1) Failure to Pay All Minimum Wages; (2) Failure to Pay All Overtime Wages; (3) Failure to Provide Rest Periods and Pay Missed Rest Period Premiums; (4) Failure to Provide Meal Periods and Pay Missed Meal Period Premiums; (5) Failure to Maintain Accurate Employment Records; (6) Failure to Pay Wages Timely During Employment; (7) Failure to Pay All Wages Earned and unpaid at Separation...

Excerpt: ...ubscription plans for LinkedIn-branded products and services that are available exclusively to consumers who enroll in Defendant's auto-renewal programs through its website. According to the allegations of the operative First Amended Complaint ("FAC"), filed on June 30, 2022, Defendant enrolls consumers in programs that automatically renew from month-to-month or year-to-year and result in monthly or annual charges to the consumer's credit card, d...

Excerpt: ...Complaint, Velocity alleges that the charge-off creditor was LendingClub Corporation, Veluity complied with Civil Code section 1788.52, and the document titled "Truth in Lending Disclosure" attached to the Complaint satisfies Civil Code section 1788.52, subdivision (b). (Ibid.) The Complaint sets forth common counts for: (1) Open Book Account; and (2) Money Lent. On February 19, 2019, Canul filed a putative class acton Cross-complaint against Vel...

Excerpt: ... the Managing Director of Investments at the David and Lucile Packard Foundation, and Robert F. Wallace, who is the Chief Executive Officer of the Stanford Management Company. Wallace and the Board of Trustees of the Leland Stanford Junior University have filed a joinder in Defendants' motion to quash the subpoena to Wallace. Because the court finds that plaintiff John l. Malik has failed to show either: (1) that the requested discovery is releva...

Excerpt: ...tentative ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 23 October 2023. Please specify the issue to contested when calling the Court and Counsel. Order On Motion of Defendant to Vacate Judgment. A. Statement of Facts. This action was filed on 31 December 2012 for collection of amounts owed under a credit card account issued by Citibank, N.A. Defendant filed this motion on 19 July 2023 to vacate a ...

Excerpt: ...y opposing the tentatve ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 23 October 2023. Please specify the issue to be contested when calling the Court and Counsel. mtnoOooom Order on Motion of Defendants to Strike Plaintiff's Experts, to Compel Plaintiff to Provide Defendant Current Medical Records, to Preclude Plaintiff's Experts from Conducting Additional Work, and for Monetary Sanctions. Counsel...

Excerpt: ...osing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 23 October 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motion of Defendant To Compel Plaintiff to Submit To a Second Medical Examination. l. Statement of Facts. The facts of this Jesus Christ interesting matter are well known to this Court. II. Motion To Compel Second Examin...

Excerpt: ...ery responses from Plaintiff. Plaintiff opposes the motion. Discovery Motons Meet and Confer Efforts A moton to compel further discovery responses must be accompanied by a meet and confer declaration pursuant to Code of Civil Prmædure section 2016.040. Civ. Prtw, S 2033.290, subd. (b) [requests for admission]; Ctxle Civ. Proc., S 2030.300, (b)(l) [interrogatories].) Section 2016.040 requires a moving party to make a "reasonable and good faith at...

Excerpt: ...n of Bailey Avenue and Santa Teresa Boulevard in San Jose, when the bicycle lane ended and forced him to merge into the vehicle lane. (Complaint, 11.) The lane he merged into was downhill, covered in potholes, uneven roading, and debris which caused him to crash and sustain serious bodily injuries and other damages. (Ibid.) Plaintiff initiated this achon on February 26, 2021, asserting: (1) violation of Government Code secton 815.2; (2) violation...

Excerpt: ..."von Kaenel"); (3) defendant Alexa Andrea Ingram-Cauchi (erroneously sued as Alexa Andrea Ingram-Cuachi) as Trustee of the Old Santa Cruz Revocable Trust dated January 13, 2015 ("Ingram-Cauchi"); and (4) defendant Anthony Dariano ("Dariano"). Plaintiffs filed their initial complaint on May 24, 2017 to quiet title and prevent interference with an easement that runs from their property through land that they sold. Plaintiffs filed a second amended ...

Excerpt: ...Jose known as "Downtown West." (See FAC, "11-2, 42-47.) Defendants Peter Gill Case2 , Matthew Owen Case3 , Warren Titus Weber, Ots Klingbeil, Laurance Rockefeller4 , Barbara Byron, Barbara Robin Tomasi, Theodore David Tomasi, Anne Marie Tomasi, Louisa Robins Hendrix, Leslie Kipp Hendrix, James Davis Robins, David Fuller Learnard, Fric Jan Spruyt, Alan 8. Spruyt, Emily Lee5 , Ava Learnard, Otto Learnard, Louise R. 03rd, Peter Adams6 , Christopher ...

Excerpt: ...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 23 October 2023. Please specify the issue to be contested when calling the Court and Counsel. —oooOtno— Order On Defendant Western National Contractors Motion For Summary Judgment. l. Statement of Facts. On 29 October 2018, while performing electrical repairs at private property located at 3320 Montgomery Drive...