Excerpt: ...it. OTO opposes, arguing that the new pleading is tantamount to filing a new lawsuit, because it presents six new causes of action, a drastic change in this nearly two-year-old case. OTO also argues that the addition of the proposed sixth cause of action for intentional and/or negligent infliction of emotional distress would be futile, because it is time-barred and fails to state sufficient facts to constitute a cause of action. Having closely co...

Excerpt: ...ties share one child together, born in 2017. (Ibid.) During their relationship, the parties acquired multiple properties together, including their shared home in San Jose ("the Property"). (See FAC, 8-12.) The parties agreed that for each of the properties, Plaintiff would contribute the down payment, to be paid back upon sale of the properties. (ld. at 13.) Some of these properties have been sold, but Plaintiff was not paid his down payment. (ld...

Excerpt: ... Plaintiff initiated this action in June 2021, asserting eight causes of action against Defendant. On March 27, 2023, Defendant's counsel e-mailed a letter to Plaintiff's counsel containing the general terms of a settlement offer. On April 3, which was the offer's expiration date, Plaintiff's counsel emailed opposing counsel to request a one-week extension. Later that day, Plaintiff's counsel again emailed Defendant's counsel, requesting that she...

Excerpt: ...rray ("Murray"), Ronald Wayne Murphy, and Kenneth Steven Carpenter (collectively, "Individual Perpetrator Defendants") for allegations of childhood sexual abuse. In 1974, Individual Perpetrator Defendants were indicted for operating a child sex and photography ring involving hundreds of young boys. (TAC, '1 2.) The four men were indicted, convicted, and sent to prison, charged with numerous crimes involving children. (Ibid.) In or around 1972-197...

Excerpt: ...022. Plaintiff filed the operative pleading, the first amended complaint ("FAC") on May 15, 2023. The FAC alleges Plaintiff and the City of Milpitas signed a Residential Purchase Agreement and Joint Escrow Instructions ("2013 Contract") on October 18, 2013, formalizing the sale of the Condo to Plaintiff. (FAC, '1 12.) On January 15, 2018, Plaintiff opened escrowto record and close the 2013 Contract. (ld. at '1 11.) On March 1, 2018, City, Wong, a...

Excerpt: ... Defendant on May 1, 2019 for violation of Labor Code section 225 (Case No. 19CV347173). On December 12, 2019, Plaintiff Tawnya Coogan filed a class acton complaint against Defendant for various wage and hour violations, as well as a representative action under PAGA (Case No. 19CV36CMO). On March 30, 2020, Plaintiff Joseph Ferlatte filed a class action complaint against Defendant for various Ctxle violations and subsequently filed an amended comp...

Excerpt: ...rmaster's (State Water Board) motion for reconsideration the Court May 10, 2023 Order Implementing Court of Appeal's 11/16/22 Remittitur ("Order Implementing Remittitur"), which is opposed. As discussed below, the Court DENIES the moton for reconsideration. l. BACKGROUND The factual and procedural background of this matter is summarized in more detail in the Court's statement of decision, filed on April 4, 2018. Before the Court was two issues: (...

Excerpt: ...692p ("FDCPA"); and the California Rosenthal Fair Debt Collection Practices Act, California Civil Code sections 1788—1788.33 ("RFDCPA") Before the Court is Ms. Guzman's renewed motion for class certification, which crossDefendant opposes. As discussed below, the court GRANTS THE MOTION IN PART l. BACKGROUND CCS filed this action on December 31, 2019, asserting a single claim for breach of contract arising from Ms. Guzman's alleged failure to fu...

Excerpt: ...yed the court's prior order and have not provided necessary discovery, the City has not shown that a terminating sanction is the appropriate remedy here, given its failure to seek issue sanctons and failure to seek an order deeming admitted its requests for admissions. 1. Recent Procedural History The City filed this motion on January 18, 2023, with an original hearing date of May 9, 2023. At a case management conference on April 11, 2023, after ...

Excerpt: ...o compel arbitration. l. BACKGROUND According to the allegations of the operative First Amended Complaint ("FAC"), Stanford offers banking customers a checking account which features the use of a debit card. (FAC, '1 14.) In connection with the processing of debit transactions, Stanford charges what it calls "Insufficient Funds Fee ACH Debit (Returned), "Insufficient Funds Fee CK," "Insufficient Funds Fee ACH Debit (Paid)" and "Premium Overdraft ...

Excerpt: ...reement' (3) who drafted Plaintiff's Agreement; or (4) information regarding the drafting history of the Agreement. Motion, pp5-7. Defendant opposes the motion arguing that Defendant has no knowledge regarding the facts alleged in the complaint, such that it would be a waste of time and money to depose him. Defendant also claims that, regardless of whether Mr. Hartigan is an "apex CEO," it is entitled to a protective order to protect it from unwa...

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 11 October 2023. Please specify the issue to be contested when calling the Court and Counsel. Order on Motion of Plaintiffs to Reconsider This Court's Order of 04 May 2021 Granting the Motion of Defendant Ford Motor Company to Com#l Arbitration and Stay Prueedings. l. Statement of Facts. Plaintiffs filed this complai...

Excerpt: ...fendant regarding a 2021 Chevrolet Silverado ("Vehicle"), he delivered the Vehicle to GVVs authorized service and repair facilities, at least on 4 separate occasions, and that Defendant failed to repair, adjust, and/or replace any necessary parts to conform the subject vehicle to fts applicable warranty (FAC 5, 22-25.) Despite lengthy days spent on repairs and Defendant's representations, Plaintiff continued to experience various transmission pro...

Excerpt: ...e exercise of this discretion must be sound and reasonable and not arbitrary or capricious. (Richter v. Adams, 43 Cal.App.2d 184, 187; Eckert v. Graham, 131 Cal.App. 718, 721.) '[It] is a rare case in which 'a court will be justified in refusing a party leave to amend his pleadings so that he may properly present his case.' (Guidery v. Green, 95 Cal. 530, 533; Marrv. Rhodes, 131 Cal. 267, 270.) If the motion to amend is timely made and the granti...

Excerpt: ...r 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, Ms. Tapay agreed to pay Plaintiff $3500 per month for providing full support and assistance with all activities of daily living. (Complaint, 96-7.) Plaintiff worked for Ms. Tapay in this way from October 1, 2019 until October 31, 2021 with only very limited time off. Plaintiff alleges she was not paid overt...

Excerpt: ...forth causes of action for: (1) Violation of 15 U.S.C. SS (FCRA); and (2) Violation of 15 U.S.C. SS and 1681g(c) (FCRA). On November 18, 2020, the court issued its Order Deeming Case Complex and Staying Discovery and Responsive Pleading Deadline, which stayed all discovery in this case. On June 4, 2021, Plaintiff filed the operative First Amended Complaint ("FAC"), which sets forth causes of action for: (1) Violation of 15 U.S.C. SS (FCRA); and (...

Excerpt: ... (1) Failure to Provide Meal Peritxls (Lab. Code SS 204, 223, 226.7, 512 and 1198); (2) Failure to Provide Rest Periods (Lab. Code SS 204, 223, 226.7 and 1198); (3) Failure to Provide Hourly and Overtime Wages (Lab. Code SS 223, 510, 1194, 1194.2, 1197, 1997.1 and 1198); (4) Failure to Indemnify (Lab. code S 2802); (5) Failure to Provide Accurate Written Wage Statements (Lab. Ctxle S 226(a)); (6) Failure to Timely Pay All Final Wages (Lab. Code S...

Excerpt: ...forth the following causes of action: (1) Failure to Pay Minimum and Straight Time Wages [Cal. Lab. Cade 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 SS 226.7]; (5) Failure to Indemnify Necessary Business Expenses [Cal. Lab. Code S 28021; (5) Failure to ...

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

Excerpt: ...on, and that the amounts he seeks are excessive. Having reviewed the parties' submissions, as well as prior orders of the court in this case (of which the court takes judicial notice under Evidence Ctxle section 452, subdivision (d)), the court GRANTS the motion in part and DENIES it in part. 2 The court awards attorney's fees in the amount of $56,702.00, as well as costs in the amount of $3,932.76, for a total of $ü634.76. 1. Timeliness GM argu...

Excerpt: ...y SoundHound from November 29, 2011 to August 30, 2019. (TAC, '1 12.) SoundHound is a digital voice application company that enables humans to speak naturally to their smartphones and other devices. (TAC, 13.) Wilson was initially hired as a Principal Engineer and later he was promoted to Architect. (TAC, 14.) He created a significant amount of SoundHound's intellectual property, and he was an integral employee. (TAC, '114.) Over the course of hi...

Excerpt: ... Gatos High School ("Los Gatos"). (FAC, '121.) On February 9, 2022, Los Gatos hosted a boys' varsity soccer game. (FAC, 22.) Rokini attend the extra-curricular activity. (Ibid.) Once the game ended, Rokini promptly attempted to leave the school facilities. (FAC, '1 23.) Near the school parking lot, Rokini and his friend were confronted by a group from behind the bleachers. (FAC, '1 24.) The group of students, comprised largely of male varsity ath...

Excerpt: ... and coach who was and is employed by the Campbell Union School District ("CUHSD") and the Foothill-De Anza Community College School District ("FHDA"). (FAC, '1 8.) In early December 2021, Plaintiff began interviewing for promotion to a full-time tenured coach with FHDA and was told that he would likely be accepted for the position. Plaintiff had worked at FHDA for 14 years (6 years as the part-time head football coach). (FAC, 9.) Prior to Defend...

Excerpt: ...earden ("Ms. Bearden") "loudly proclaimed" that Plaintiff had sex with Defendant, which embarrassed them both. (ld. at '1 6.) Plaintiff immediately stated that the claims were not true. (Ibid.) Defendant, a manager at Yoga Source, told Plaintiff she spoke with Ms. Bearden about the unprofessional behavior. (Ibid.) Defendant denied ever suggesting anything that would lead Ms. Bearden to "conclude any facts that would substantiate defamatory statem...

Excerpt: ...otes that notice dæs not ap#ar to be proper for the motion for reconsideration. Although there is a prtnf of service dated July 20, 2023 in the file, indicating service of the "motion to reconsider" on Berman by Pomogaibo's husband, Sergey Firsov, there is no amended notice of the October 17, 2023 hearing, as required by the court's læal rule. As a result, the court has no way of knowing whether Berman received notice of the hearing date. In ad...

Excerpt: ...ction with that purchase they received various warranties from Ford Motor Company ("FMC"). (Complaint, "9-10.) Plaintiffs further allege that the Vehicle experienced transmission and engine defects during the warranty period. (Complaint, 911.) Plaintiffs filed this lawsuit on February 22, 2021 alleging (1) Violation of Civil Code Section 1793.2(D) (against FMC); (2) Violation of Civil Code Section 1793.2(B) (against FMC); Violation of Civil Code ...

Excerpt: ...laint, '1 7.) The operating agreement states that the parties are members and managers of FJP and owe a fiduciary duty to one another. (See complaint, 11'18-10.) On December 29, 2017, Pastore formed NP, LC of which Pastore was the sole member. (See complaint, 11-13.) On January 1, 2018, FJP, as landlord, entered into a commercial lease with NP as the tenant for a term of five years from January 1, 2018 to December 31, 2022. (See complaint, '1 14....

Excerpt: ...IE On May 30, 2023, Plaintiff filed four motions to compel further discovery responses from H. Sarji, R. Sarji, and Entity Defendant. Defendants opposed the motons. II. Preliminary Matters a. Motions to Compel Against Individual Defendants On October 11, 2023, Plaintiff withdrew its motions to compel further responses to requests for document production against individual defendants H. Sarji and R. Sarji. Accordingly, the Court will not address t...

Excerpt: ...tin object's to Plaintiff's undertaking. Justin also moves to join in Defendant's moton to quash and evidentiary objections. Request for Judicial Notice Defendant requests judicial notice of the Second Amended Complaint (A), the docket in this case (B), the proof of service for the Application for Renewal of Judgment (C), the Notice of Levy (D), the Memorandum of Garnishee (E), and the Plaintiff's Undertaking (F). The request is granted as to Exh...

Excerpt: ...posing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 16 October 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Motions of Defendant to 1. Strike All Allegations in Case Number 20PR187701 (Code of Civil Procedure, S 425.16) and For an Order Compelling Plaintiff to Pay Attorney's Fees; 2. Demurrer to Plaintiff's Complaint. l. Statement of ...

Excerpt: ...is action arises out of the alleged use of decedent Ivan Pesies ("Pesic") genetic material by Joyce Chin ("Chin") to conceive two children through the fertility performed by the Zouves Defendants. In February 2011, Pesic and Chin signed the Informed Consent and Agreement for Longterm Cryopreservation and Storage of Semen (the "Agreement") with the Zouves Defendants governing the storage and use of Pesic's sperm. The Agreement provided an initial ...

Excerpt: ...As alleged in the operative complaint,l Defendants own and operate a media-sharing platform, YouTube, which contains videos created by individuals and entities that have registered with YouTube and uploaded their videos to a "channel." (Complaint, '1 1.) YouTube is accessible as a website at youtube.com (the "YT Website"), or on a mobile application or application on a set-top streaming device (the "YT Apps") (together with the YT Website, the "Y...

Excerpt: ... property is located at 1305 Buckthorne Way in San Jose (the "Property"). (Cross-complaint, '1 4.) In March 2022, Cross-complainants discovered the Property was in tax default status and was about to be auctioned off ata real property sale. (Ibid.) Cross-complainants paid the latest year's real property taxes, which stopped the pending tax sale. (Ibid.) After investigation, they determined the Property was abandoned. (Cross Complainant, '15.) In ...

Excerpt: ...rty and removed two matured birch trees without Plaintiff's knowledge and consent. On the following day, when Plaintiff arrived home, he received a note from Defendants acknowledging that their employees had removed the two birch trees. On April 10, 2023, Plaintiff filed this complaint against Defendants alleging: (1) trespass, (2) treble damages for wrongful cutting or removal of timber pursuant to Civil Code section 3345(A) and Code of Civil Pr...

Excerpt: ...the parties' submissions, including the proposed protective order and protocol, and now rules on the disputed provisions as follows: • Paragraph 3: The proposed amendment to this paragraph of the protective order creates an "outside counsel only" tier of protection for the most highly confidential information. As a general matter, the court has no problem with the creation of an "attorneys' eyes only"- level tier in the protective order, as suc...

Excerpt: ... to show the profits that they earned— either directly or through trusts that they own—from the "AC Master Franchise," and that this information is needed in order for him to calculate and prove damages in this case. Plaintiff notes that Judge Kirwan's order specifically found that "the profits earned by Defendants (and/or entities they own and control) from the AC Master Franchise" are "directly relevant to Plaintiff's damages claims." (Sept...

Excerpt: ...cerning these payments, while in the Third Amended Cross-complaint ("TAXC"), Cross-complainants seek damages and other relief against Silvaco and Kathy and Iliya Pesic ("the Pesics"), based on various contractual breach and business tort theories. Before the Court is Defendants/cross-complainants Ole Christian Andersen, Jens Michelsen, and JPT8 Family Holding ApS's ("JPTB") (collectively, "Cross- Complainants") motion to compel Silvaco and Ms. Pe...

Excerpt: ... corporation) to enforce judgments for unpaid wages obtained by former CMS employees. The Virginia entity is hereinafter referred to as "PEW Based on the operative third amended complaint ("TAC"), DLSE brought a motion for summary judgment or summary adjudication, which was heard on July 6, 2023. In a formal order issued that same day, the court denied summary judgment but granted summary adjudication to DLSE as to the first and fourth causes of ...

Excerpt: ...e is no arbitration agreement between Kia and Plaintiff, thus there is no arbitration agreement to enforce." The Parties appeared for argument, and Kia argued the Court did not have jurisdiction to sua sponte reconsider Judge Rudy's prior order sending the matter to arbitration. The Court granted Kia's request to brief and argue the issue. Having reviewed the Parties' supplemental briefing, the Court now issues a revised tentative ruling. l. Back...

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 11 October 2023. Please specify the issue to be contested when calling the Court and Counsel. Order on Motion of Plaintiffs to Reconsider This Court's Order of 04 May 2021 Granting the Motion of Defendant Ford Motor Company to Com#l Arbitration and Stay Prueedings. l. Statement of Facts. Plaintiffs filed this complai...

Excerpt: ... ("Defendant") in an amount exceed-ng between September 2017 and September 2018. (Second Amended Complaint ("SAC"), 4-15.) The products included the Fortinet FortiGate models FG-201E, FG-5WE, FG- FG-1500D, FG-32wD, and FG-3960E; Fortinet FortiSwitch models FSW-248D, FSW-248D-FPOE, FSW- 248E-FPOE, FSW-448D, FSW-448D-FPOE, and FSW-1024D; and network management software including FortiManager, FortiAnalyzer, and FortiAuthentcator. (SAC, 15.) Plainti...

Excerpt: ... Schultz Industrial Services, Inc., and Schultz Mechanical Contractors, Inc. (collectively, Defendants) on January 21 2020, sets forth a single cause of acton for Violation of 15 U.S.C. SS1681b(b)(2)(A) (FCRA). On May 3, 2023, the court granted preliminary approval of the settlement, subject to approval of the modified class notice. Plaintiff now moves for final approval of the settlement, attorney's fees, costs and expenses, and enhancement paym...

Excerpt: ...ent 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. Group One initiated this action filing a complaint for breach of contract and to foreclose a mechanics lien in the amount of approximately $985,000. Thereafter, La Encina filed a cross-complaint raising claims for (1) breach of contract, (2) declaratory relie...

Excerpt: ...m the Kyles on August 1, 2016. The business was purchased in part with a personal loan guaranteed by the RSL's managing member, Howard Misle. Following the sale, Recycling Specialists, LLC remained in debt to the Kyles in the amount of approximately $1.3 million. In early 2016, J&Y became aware that the Kyles were selling Recycling Specialists, Inc. and it received a copy of the written purchase and sale agreement around July of 2016. (Decl. of D...

Excerpt: ...(ld.) Plaintiff filed a claim with the Labor Commissioner on July 1, 2020; however, this claim was dismissed by the Labor Commissioner on June 30, 2021. (See complaint, 10.) Plaintiff filed a second claim with the Labor Commissioner on March 10, 2022, but this claim was closed after the Labor Commissioner declined jurisdiction on February 7, 2023. (ld.) On March 16, 2023, Plaintiff filed a complaint against Defendants, asserting causes of action ...

Excerpt: ...1 North First Street, 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 09 October 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Orders on: (1) Demurrer and Motion to Strike to the Second Amended Cross-complaint by Cross-Defendant Arrow Pacific Insurance Services; and (2) Demurrer to the Second Amended Cross-com...

Excerpt: ...good faith settlement determination pursuant to Code of Civil Procedure 5877.6. The City of Santa Clara ("City"), who was a codefendant but has been granted summary judgment, opposes the motion on the basis that the settlement relies on inadmissible evidence, ignores the applicable insurance policy limits, and is not in the ballpark for what the case is worth. EVIDENTIARY OBJECTIONS City objects to paragraphs 2-11, 26, and 31 of the declaration o...

Excerpt: ... does not dispute the costs amount, but it challenges the fees amount as excessive, particularly given that this case was filed as a limited civil action, and Xia's eventual monetary recovery was only $223.00. Defendant also questions whether Xia should be considered the prevailing party at all. Having reviewed the parties' submissions, as well as Judge Rosen's statement of decision, the court GRANTS Xia's motion in large part and DENIES it in sm...

Excerpt: ...19. It states four causes of action: (1) Breach of Contract (the insurance policy, alleged against State Farm only); (2) Breach of the Implied Covenant of Good Faith and Fair Dealing (insurance bad faith, alleged against State Farm only); (3) Negligence (against all defendants); and (4) Unfair Business Practices (against all defendants). While the specific policy for the subject pro#rty is mentioned in the complaint, there are no attached exhibit...

Excerpt: ...seudonym from the complaint, arguing that Plaintiff failed to allege facts demonstrating that she was permitted the use of a pseudonym given the presumption that judicial prueedings in civil cases are to be open. After SSH filed the motion, counsel for Plaintiff emailed counsel for Defendants, indicating that he found an additional case supporting the use of a pseudonym and that he that Defendants knew the identity of Plaintiff because "[ilf the ...

Excerpt: ...9, Plaintiff David Feldman filed this lawsuit against his former attorney Robert Machado alleging (1) deceit and intentional fraud, (2) promissory fraud, (3) concealment fraud, (4) constructive fraud, and (5) elder financial abuse. Feldman filed a first amended complaint on November 12, 2019 asserting the same five claims and seeking 33,123,340M in actual damages, pun-tive damages, and treble damages. By stipulation of the parties, Feldman added ...

Excerpt: ...e May 23 hearing, the court noted that Wormley's counsel's declaration in support of the moton to vacate (Declaration of Patrick Khalil) was inadequate, because it did not provide enough information about an alleged calendaring error that led to his multiple failures to appear, and was also not delivered under oath, as required by Code of Civil Procedure section 473, subdivision (b). Nevertheless, the court also stated that it would grant the mot...

Excerpt: ...tay and for related sanctions, contending Compass waived the right to arbitration by falling to timely pay its share of the arbitration fee. (Plaintiff's memorandum of points and authorities, pp. 1, 4.) On September 7, 2023, Compass filed the second motion now the court, a motion to compel arbitration, contending it did not knowingly waive the right to arbitration because the attorney of record did not receive timely notce for the payment of the ...

Excerpt: ...ber 19, 2022 for breach of warranties. The complaint does not appear to have any more specific allegations for this Vehicle. Plaintiff now seeks to compel Kia to produce person(s) most knowledgeable for deposition and documents. Kia argues the topics are overbroad and Plaintiff failed to adequately meet and confer. II. Legal Standard Discovery is generally permitted "regarding any matter, not privileged, that is relevant to the subject matter inv...

Excerpt: ...crimination, Harassment, and Retaliation (in violation of the FEHA). Balon sought punitive damages in relation to all four causes of action. Balon's original complaint alleged that he was hired by Intel on November 4, 2014 and was a vice president. He was terminated on August 18, 2020, when he was 51 years old. Prior to his termination, Plaintiff had no record of discipline and had received positive performance reviews. The complaint alleged that...

Excerpt: ...ert v. Samaritan, LLC (Super. Ct. Santa Clara County, No. 17CV314186) (Richert). Ms. Richert is represented by the same counsel who represent Plaintiff here. She alleges that, during pay periods when she received overtime wages, her wage statements failed to identify the accurate total hours worked as required by the Labor Code. Based on these allegations, she brings (1) a putative class claim for violation of Labor Code section 226 ("Section 226...

Excerpt: ...orth First Street, 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 04 October 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Orders on Motions of: 1. Plaintiff And Cross-Defendant Sutter's Place, Inc. For Summary Adjudication Of Its Claims For Reformation and Declaratory Relief Issues; and 2. Plaintiff And Cros...

Excerpt: ...nsult on the project. According to JLA, Mr. Rajagopalan breached the agreements governing his work, interfered with JLA's relationship with ASIP and Q Networks, and wrongfully claimed ownership of intellectual property developed in connection with the project. In a cross-complaint ("Amended Cross-complaint" or "ACC"), Mr. Rajagopalan (along with Bay Views and Defendant/Cross-Defendant/Cross-Complainant Lianghwa Jou) alleges that he never signed t...

Excerpt: ...ng to the First Amended Complaint ("FAC"), Plaintiff Shadi Figuli is a licensed real estate broker and has been in business as an interior designer operating under the name and business entity Lilac Level Interiors, LLC since 2016. (FAC 5.) In May 2018, Ms. Figuli was approached by Defendants' daughter, Kimya, a friend familiar with Ms. Figuli's interior design work, regarding homes Kimya's father was constructing for profit in Campbell at 125 Ro...

Excerpt: ...laintiff Joseph Ruiz. For the reasons discussed below, the Court GRANTS Defendant's motion. VII. BACKGROUND A. Factual As alleged in the operative complaint, Defendant is a construction contractor who employed Plaintiff in May 2022 as a non-exempt employee with responsibilities for machine maintenance, mechanical repairs, drilling and handling hea\r,' machinery. (Complaint, 26.) Plaintiff alleges that Defendant failed to pay him and other non-exe...

Excerpt: ...) on or about July 1, 2018 and obtained an express warranty. Plaintiff further alleges that during the warranty period, the Vehicle developed defects, including a defective transmission system and defective body system. Plaintiff brought this case against GM on January 20, 2023 asserting various warranty claims. Plaintiff now seeks an order compelling GM to produce documents relating to (1) GM's internal investigation and analysis of the Powertra...

Excerpt: ...s where Plaintiff was not a party relating to flat pricing or off label use. Plaintiff lists numerous other short falls in the discovery on pages 6-7 of its motion, as well as prov-des evidence of Defendant's failure to look for relevant documents and information in fts reply. Plaintiff now seeks the discovery as well as monetary and issue sanctions for Defendant's willful behavior. Misuse of the discovery process includes "[dlisobeying a court o...

Excerpt: ...round August 19, 2022, Defendants terminated Plaintiff. (Ibid.) The parties had an oral agreement with Prada whereby Defendants agreed to pay Plaintiff $1,000 per month to cook dinner for Shifter and sleep at her home. (Complaint, 15.) Prada communicated with Plaintiff multiple times through phone and text to discuss Plaintiff's employment responsibilities and to later end Plaintiff's employment. (Complaint, "1 16, 18, 19, 21, 23- 25.) However, P...

Excerpt: ...'s motion to stay this achon pending resolution of the following related cases: (1) Ramon Ponce, et al. v. Cortec Precision Sheet Metal, Inc., Santa Clara County Superior Court, Case No. 21CV378025 (the "Ponce Action"); and (2) Maria Sanchez v. Cortec Precision Sheet Metal, Inc., Santa Clara County Superior Court, Case No. 21CV380908 (the "Sanchez Action"). Based on the reasons discussed below, the Court GRANTS Cortec's motion. IV.BACKGROUND Plai...

Excerpt: ... was a passenger in an aircraft that crashed, killing her and the other passengers aboard. On February 25, 2019, plaintiff Richard Pierce, individually and as successor-in-interest to the Estate of Stacey Pierce, and Brandon Pierce ("Plaintiff") filed a complaint against multiple defendants. Around November 2020, Plaintiff learned that Larry Fistolera may be liable for the plane crash, as he had inspected and serviced the plane. Mr. Fistolera pas...

Excerpt: ...s, arguing that venue is proper in either Santa Clara County or Tulare County. The court finds this motion to be somewhat vexing, because neither side appears to have presented a full picture of the relevant circumstances that would allow the court to make a knowledgeable decision on the question presented. The court believes that key pieces of information are missing. Because the burden of proof is ultimately on the moving party, the court finds...

Excerpt: ...these alleged violations, the Complaint includes causes of action for: (1) failure to pay minimum wage for all hours worked; (2) failure to pay overtme wages; (3) failure to provide meal periods; (4) failure to permit rest breaks; (5) failure to reimburse business expenses; (6) failure to timely pay wages during employment; (7) failure to provide accurate, itemized wage statements; (8) failure to pay all wages due upon separation of employment; (...

Excerpt: ...ecton 1281.2, until resolution of the plaintiffs' claims against SFM and Sterling DAF. 1. Background According to the plaintiffs, "[t]his case is about a defective estate planning vehicle ... that was supposedly designed to allow plaintiff Joseph Wong ... to transfer assets into a charitable donor's fund which he could manage for growth and utilize in advertised beneficial ways while getting a tax deduction." (Opposition to Sterling Foundation Ma...

Excerpt: ...usands of products from 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- 6000, FG-1500D, FG-3200D, and FG-3960E; Fortinet FortiSwitch models FSW-248D, FSW-248D-FPOE, FSW- 248E-FPOE, FSW-448D, FSW-448D-FPOE, and FSW1024D; and network management software including FortiManager, FortiAnalyzer, and...

Excerpt: ... Arvind Srinivasan v. ZL Technologies, Inc., et al. (Case No. 20CV373027); (3) Arvind Srinivasan v. ZL Technologies, Inc. (Case No. 20CV373149); (4) ZL Technologies, Inc., et al. v. Arvind Srinivasan (Case No. 21CV378097); and (5) Arvind Srinivasan v. ZL Technologies, Inc. (Case No. 21CV382329). On June 5, 2023, defendant Arvind Srinivasan ("Srinivasan") filed: (1) a Notice of Discovery Referee's Order of May 1, 2023, Granting in Part Defendants'...

Excerpt: ... Provide Meal Periods or Compensation in Lieu Thereof; (2) Failure to Provide Rest Periods or Compensation in Lieu Thereof; (3) Failure to Pay Minimum Wages; (4) Failure to Pay Overtime Wages; (5) Failure to Reimburse Work Related Expenses; (6) Failure to Comply with Itemized Employee Wage Statement Provisions; (7) Failure to Pay All Wages Upon Termination; (8) Unfair Business Practices; and (9) California Labor Code Private Attorneys General Act...

Excerpt: ...ory 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 routine practice of sending initial written communicatons in smaller than 12-point type. (Complaint, '1 1.) The Complaint sets forth a single cause of action under the CFD8PA. On 27, 2022, the court granted Plaintiff's motion for class certificati...

Excerpt: ...int 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.) Plaintiff...

Excerpt: ...ses of action 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 225.7; (5) Failure to Pay Vacaton 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 Code...

Excerpt: ...ar-old settlor, beneficiary, and co trustee of the Davidson Living Trust, dated December 6, 1989. (FAC, '1 12.) Stephanie is her daughter. (FAC, 17.) Plaintiff is Anita's neighbor, and she first met Defendants in the Spring of 1976. (FAC, 46-47.) In September 2017, Plaintiff's relationship with Anita transitioned from neighborly gestures to a close friendship that evolved into a mother-daughter dynamic over a period of two and a half years. (FAC,...

Excerpt: ...h of Fiduciary Duty; and 4. Judicial Dissolution of LLC Pursuant to Cal. Corp. Code S 17707.03. According to the complaint, Patton and Sandman jointly own real property through Sandpatt, LLC. (Complaint, 1-3.) In 1999, Sandpatt, LLC formed with the sole business of acquiring and operating the Property. (ld. at 9-10.) Patton was a 40% owner and manager of Sandpatt, LLC, while Sandman was a 60% owner and manager of Sandpatt, LLC. (ld. at 11-12.) Th...

Excerpt: ... of a condominium construction project at 188 West St. James ("Property"). Defendant FPP MB, LLC ("FPP MB") allegedly owns the Property, at least with respect to the individual units that have not yet been sold to the public. (First Amended Complaint, 94.) On or about July 26, 2016, Plaintiff entered a written subcontract with Defendant FPCto perform certain drywa I construction work at the Property ("Drywall Subcontract"). (FAC, "4, 15.) Califor...

Excerpt: ...es, pursuant to Code of Civil Procedure (CCP) S 425.16(c)(1) and 685.040, because the Discovery Order was reasonable and necessary to enforce Midland's ant-SLAPP fee award. Rather, the dispute over is the amount of reasonable attorney fees. JUDICIAL NOTICE Plaintiff requests for judicial notice of 1, 2 and 3 are denied as not relevant to the motion. See Gbur v. Cohen (1979) 93 Cal.App.3d 296, 301 (stating that "judicial notice.. .is always confin...

Excerpt: ...ting multiple demurrers to the complaint and first amended complaint, opposing plaintiff's motion for injunctive relief and motion for leave to amend, attending and preparing for the motions and other court appearances, responding to discovery, opposing Plaintiff's post-judgment motion for new trial, moton to tax costs and motion to stay enforcement of the judgment, work related to Plaintiffs appeal, and other litigation expenses. JUDICIAL NOTICE...

Excerpt: ...fendant Santa Clara Valley Water District ("Defendant" or "District"). (See SAC, 26.) On November 7, 2013, Plaintiff suffered a low back/chest injury while supporting a work crew with fall protection measures, was treated for the injury through District's occupational medical provder, and was returned to work. (See SAC, 27.) However, Plaintiff continued to suffer an inability and pain in standing upright and in driving, and on November 12, 2013, ...

Excerpt: ...ose. Any party opposing the tentatve ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on the 27 September 2023. Please specify the issue to be contested when calling the Court and Counsel. moooOooom Orders On: (1) Defendants Frederick W. Hsu, Mobile Gaming Technologies, Inc., Opsjet LLC, and Opsjet Services LLC's Demurrer To Plaintiffs' Amended Complaint; and (2) Defendants Michael P. Reaves And Edward W...

Excerpt: ...ion: (1) Violation of Civil Code Section 1793.2(D); (2) Violation of Civil Code Section 1793.2(B); (3) Violation of Civil Code Secton 1793.2(A)(3); (4) Breach of the Implied Warranty of Merchantability; and (5) Fraud (specifically, fraudulent inducement-concealment). The FAC alleges that, as part of the vehicle lease, Sharifirad entered into a warranty contract with GM on or about January 4, 2021. (See FAC at 6-7.) A copy of the warranty contract...

Excerpt: ....) 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 called File Transfer Appliance ("FTA"), which it marketed as a secure method of transferring files. (ld„ '1 7.) Plaintiff insured Foley & Lardner LLP ("Foley") which was one of Defendant's FTA customers in December 2020 and January 2021. (ld., 31....

Excerpt: ... was "inadvertent" and can be deleted from the Fourth Amended Complaint (Reply, pp2-3); (2) S 558.1 is a remedy that applies automatically when an employer violates S 203, such that it need not be pled as a stand alone action (Reply, p3); and (3) Defendants have been aware all along, and, at the least since January 2023, that Plaintiff is claiming that Defendant Bilugu is personally liable. "The trial court has discretion to allow amendments to t...

Excerpt: ...e facts sufficient to constitute a cause of action. CCP S 430.10(e). Demurrer will also lie where the pleading is uncertain, meaning ambiguous and unintelligible. CCP S 430.10(f). However, demurrers for uncertainty are disfavored, and are granted only if the pleading is so incomprehensible that a defendant cannot reasonably respond. A.J. Fistes Corp. v. GDL Best Contractors, Inc. (2019) 38 Cal.App.5th 677, 695. Plaintiffs' FAC is a two-page filin...

Excerpt: ...sure and authorization form to perform a background investigation. (Complaint, 22.) But the disclosure contained extraneous and superfluous language beyond the disclosure itself and/or was not clear and conspicuous, in violation of the FCRA. (ld., 23.) Specifically, extraneous information was reflected in "[m]iscellaneous provisions concerning Plaintiff's employment including, but not limited to, 'Time Clock Policy,' 'Uniform Policy,' 'Time Card ...

Excerpt: ...and six form interrogatories. The court GRANTS Stanford's motion, and the court GRANTS in part and DENIES in part the Meyers' motion. 1. Stanford's Motion to Compel Compliance (the "Mirror Drive") The court finds that the Meyers agreed to priNluce the "mirror drive" of Katie's laptop in responses verified under oath by both of them (on March 10, 2023) and then backtracked on this agreement, including expressly serving "amended" responses (on June...

Excerpt: ...any common issues of law and fact, as well as many common parties. What GBR has not shown, however, is how consolidation at this exceedingly late stage of the proceedings—after three of the four cases have already been appealed, two of the four cases are still on appeal, and one of the cases is on remand from the Court of Appeal—will conserve any resources or help avoid any inconsistent outcomes. Even more critically, GBR has not shown that c...

Excerpt: ...Clara Superior Court Case No. 20CV366905) ("Dutcher"). Defendant now moves once again to decertify the class. In connection with the motion, Plaintiff moves to exclude the declaration of Yingyi Yang ("Yang Declaration") submitted by Google in support of its motion for decertification. Plaintiff opposes the motion to decertify and Google opposes the motion to exclude. For the reasons discussed below, the Court DENIED the motion to exclude and GRAN...

Excerpt: ...onsumed multiple beers and was intoxicated at the time of the accident when he rear-ended Plaintiff at a high rate of speed and totaled his vehicle. (FAC, 10-11, 13.) As a result, Plaintiff suffered severe personal injuries, which will result in some permanent disability. (FAC, '118.) On March 1, 2023, Plaintiff initiated this action, asserting a claim for negligence. On May 25, 2023, he filed his FAC, which asserts a claim for negligence. On Jun...

Excerpt: ...y party opposing the tentatve ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on the 27 September 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Orders On Motions of Defendants Avalara, Inc. and Intuit, Inc. for Summary Judgment. l. Statement of Facts On or about 7 November 2019, plaintiff April Mallord ("Plaintiff") was at defendant M Asian Fusion, a rest...

Excerpt: ... filed on November 4, 2021, sets forth the following causes of action: (1) Failure to Reimburse Business Expenses (Labor code S 2802); (2) UC Violations (Cal. Bus. & Prof. code SS and (3) PAGA Penalties (Labor Code S 2698 et seq.). The parties have reached a settlement. Plaintiff Valerie Boyer ("Plaintiff") moved for preliminary approval of the settlement. On August 30, 2023, the court continued the moton for preliminary approval of settlement to...

Excerpt: ...ion ("P"") and protected health information ("PHI") from unauthorized access. (First Amended Complaint ("FAC"), '1 4.) As a result of SARC's conduct, unknown and unauthorized persons allegedly accessed and viewed class members' PII and PHI through SARC's remote desktop portal. (ld. at 5 & 7.) On or about August 27, 2021, SARC provided notice of the security breach to over 57,000 people regarding the unauthorized access of their PII and PHI. (FAC,...

Excerpt: ...sets forth 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...

Excerpt: ...llowing causes of acton: (1) Failure to Pay Wages for All Hours Worked, Labor Code sectons 204(b), 223, 1194, 1194.2 Wage Orders; (2) Failure to Pay Overtime Wages, Labor Code sections 510, 1194, 1198, Wage Orders; (3) Failure to Provide Meal Periods, or Pay Premium Wages in Lieu Thereof; (4) Failure to Provide Rest Breaks, or Pay Premium Wages in Lieu Thereof; (5) Failure to Provide Accurate Itemized Wage Statements, Labor Code section 226; (6) ...

Excerpt: ...orked for defendant Konica Minolta Business Solutions USA ("Defendant") in California for the four years preceding the filing of the original Complaint on April 2, 2014. (First Amended Complaint, '17.) According to the operative First Amended Complaint, filed on October 29, 2015, Plaintiffs worked as service technicians for Defendant. (ld. at '1 5.) Defendant allegedly required Plaintiffs and similarly situated service technicians to drive their ...

Excerpt: ...3) ("Bridges against defendants Premier Nissan of San Jose, LLC ("Premier Nissan S'") 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 period premiums, provide employees all rest periods to which they were entitled, pay rest period premiums, pay minimum wages for all hours worked, pa...

Excerpt: ...rior Court ("Montano"); and (2) Attaway v. Alliance Residential, LLC, Case No. 20CV365134, Santa Clara County Superior Court ("Attaway"). Montano included a single cause of action for civil penalties under the Private Attorneys General Act ("PAGA"). The PAGA claim was based on allegedly deficient wage statements. Attaway set forth the following causes of action: (1) Failure to Pay All Overtime Wages; (2) Rest Period Violations; (3) Failure to Ind...

Excerpt: ...Bakersfield, Kern Delta Water District, North Kern Water Storage District, Kern County Water Agency, and L Mark Mulkay ("Mulkay"), which sets forth a single cause of action for declaratory and injunctive relief. Specifically, Plaintiff seeks a judgment declaring that it holds valid pre-1914 appropriative rights on the South of Fork of the Kern River, it can change the point of diversion and place of use of its rights (provided it does not injure ...

Excerpt: ...press" agreed that KFEI would serve as a nonexclusive distributor of Cypress products to Japanese companies and their affliates. On November 25, 2019, KFEI filed a complaint against Cypress, alleging claims for: (1) Breach of Contract; and (2) Breach of the Covenant of Good Faith and Fair Dealing. On September 10, 2021, KFEI filed a First Amended Complaint against Cypress, which set forth the followng causes of action: (1) Breach of Contract; and...