Excerpt: ...ations of the FAC, on February 5, 2018, Plaintiff was called out to perform repairs on a toilet by Defendants' tenant, Kimberly Livette Wilkerson (“Wilkerson”). Defendant tenant Alirio Barahona (“Barahona”) then allegedly permitted another tenant to physically batter and assault Plaintiff and then assaulted Plaintiff himself, causing him injuries. Plaintiff alleges that Defendants “negligently operated and maintained their rental proper...

Excerpt: ...Complaint, ¶¶ 7‐8.) Plaintiff and Enrique separated as a married couple on March 14, 2004. (Id., ¶ 8.) At that time, although Enrique's name remained on the deed, the parties agreed that pursuant to their marital separation, and as a full and complete settlement of their marital estate, Plaintiff would become the sole owner of the Property. (Id.) The parties further agreed that until the deed was changed, Enrique would hold the Property in t...

Excerpt: ... VTA approved a public transportation project which by design and necessity impacted access and ingress to K&M. (Id. at ¶ 5.) The project was scheduled to begin in early 2014, and end by late 2015. (Id. at ¶ 7.) Prior to starting the project, VTA filed a complaint in eminent domain against various defendants, including Plaintiff, in case number 12CV237430. (FAC, ¶ 8.) VTA sought condemnation of a small strip of land fronting Alum Rock Avenue, ...

Excerpt: ...erlying complaint, Williams joined Apple in 2010, as a senior platform architect. (Complaint, ¶¶ 2 & 17.) While at Apple, Williams designed chips for a range of Apple products and worked with, advised, and led teams that designed some of Apple's ARM technology. (Id. at ¶¶ 2, 15‐16, & 23‐25.) As a condition of his employment, Williams executed an IPA whereby he agreed that he would not plan or engage in any other employment, occupations, c...

Excerpt: ...on arises out of a business dispute between Defendants and Plaintiffs. Plaintiffs filed their original complaint against Defendants on March 26, 2018, alleging causes of action for breach of contract, fraud, and conversion. On November 9, 2018, Plaintiffs filed a first amended complaint (“FAC”) against Defendants. According to the allegations of the FAC, Defendants entered into an oral agreement with Plaintiffs, whereby Plaintiffs would inves...

Excerpt: ...ally necessary and physician‐ordered services to the respective patients, and charged the reasonable value of services provided. (See TAC, ¶¶ 36, 45, 53.) Patient 1 did not identify any health care coverage when she presented herself to DMC and thus was registered as uninsured; however, it was later discovered after she was discharged that she was actually covered through Valley Health Plan, a public health plan operated by and through defend...

Excerpt: ...to secure funding from several banks. The note specifies that the loan was to be repaid when funding was received and that in the event the banks returned an initial fee of $170,000, that amount would be returned to the Sullivans. The note also contains additional terms about the acquisition of the Sullivans' business, namely Sullivan Productions. The note specifies that upon obtaining financing WTKI was to purchase Sullivan Productions for $600,...

Excerpt: ...mplaint, Plaintiffs lease a home at 3452 Jarvis Avenue in San Jose from Defendants. (Complaint, ¶¶ 2, 3, 4, 5.) Plaintiffs entered into the lease agreement in 2009, and as soon as 2010, they noticed mold in the house that was not previously disclosed to them, but was visible in several rooms. (Id. at ¶ 17.) They paid for a basic inspection of the home, which confirmed mold but upon providing the report to Defendants, Defendants refused to pay ...

Excerpt: ...homas Connors (collectively, “Defendants”). Rascon asserts causes of action against Defendants for: (1) violation of Evidence Code section 1158; (2) wrongful death; (3) negligence; (4) negligence per se (based on Welf. & Inst. Code, § 15610.27); and (5) breach of contract. Currently before the Court is Defendants' demurrer to the fourth cause of action as pleaded in the first amended complaint and motion to strike allegations from the pleadi...

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 23 March 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON (1) DEFENDANT COVIA COMMUNITIES DBA WEBSTER HOUSE AND MELISSA FREDERICK, M.D.'S DEMURRER TO PLAINTIFFS' SECOND AMENDED COMPLAINT; AND (2) DEFENDANT COVIA COMMUNITIES DBA WEBSTER HOUSE AND MELISSA FREDERICK, M.D.'S MOT...

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 29 June 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON (1) DEMURRER OF DEFENDANT LORI A. ADAM TO COMPLAINT OF SINE‐TIFIC SOLUTIONS, INC.; AND (2) MOTION BY DEFENDANT LORI A. ADAM TO STRIKE PORTIONS OF COMPLAINT OF PLAINTIFF SINE‐TIFIC SOLUTIONS, INC. I. Statement of...

Excerpt: ...ll operative Complaint in this matter is a form complaint filed on March 22, 2019. The narrative portions of the Complaint (on the motor vehicle and exemplary damages attachments) allege that Defendant negligently caused Plaintiffs' injuries when he operated his vehicle on “December 6, 2017,' on “Monroe Street in Santa Clara, California.” It further alleges that the “aforementioned acts” of Defendant “were willful and wanton, in that ...

Excerpt: ...osemary Schooler, Steve J. Sordello, Michael A. Stankey, Robert Bearden, Paul Cormier, Peter Fenton, and Kevin Klausmeyer (collectively, the “Cloudera Defendants”) to stay all proceedings in this action pending the resolution of the pleadings in a related federal action.10 Alternatively, the Cloudera Defendants move to stay discovery until the pleadings are resolved in both this case and the federal action. Plaintiffs again oppose the entry o...

Excerpt: ...osemary Schooler, Steve J. Sordello, Michael A. Stankey, Robert Bearden, Paul Cormier, Peter Fenton, and Kevin Klausmeyer (collectively, the “Cloudera Defendants”) to stay all proceedings in this action pending the resolution of the pleadings in a related federal action.10 Alternatively, the Cloudera Defendants move to stay discovery until the pleadings are resolved in both this case and the federal action. Plaintiffs again oppose the entry o...

Excerpt: ...(d).) I. Factual and Procedural Background As alleged in the complaint, plaintiff incurred a consumer debt in the form of a credit account issued by WebBank. (Complaint, ¶ 15.) She was unable to pay the debt and defaulted on her payments to WebBank. (Id. at ¶ 16.) The debt was subsequently assigned or otherwise transferred to defendant for collection, and it sent an initial collection letter to plaintiff dated February 9, 2017. (Id. at ¶¶ 17�...

Excerpt: ...ia M. Lucas on June 26, 2020 at 9:00 a.m. in Department 3. The court now issues its tentative ruling as follows: X. INTRODUCTION This is a putative class action arising out alleged violations of the Fair Credit Reporting Act and similar California laws. The Complaint, filed on September 20, 2017, sets forth the following causes of action: (1) Violation of 15 U.S.C. § 1681b(b)(2)(A) (Fair Credit Reporting Act); (2) Violation of 15 U.S.C. §§ 168...

Excerpt: ...d wage and hour violations. The parties have reached a settlement. On February 14, 2020, the court granted preliminary approval of the settlement. Plaintiffs Enrique Torres, Ruben S. Hermosillo, and Rosario De La Trinidad (collectively, “Plaintiffs”) now move for final approval of the settlement. V. LEGAL STANDARD Generally, “questions whether a settlement was fair and reasonable, whether notice to the class was adequate, whether certificat...

Excerpt: ...visa (available to investors who create jobs within the United States if certain conditions are met). Plaintiff's original Complaint was filed on March 25, 2016. The First Amended Complaint (“FAC”) was filed on January 17, 2018 and stated claims for: 1) Breach of Contract (alleging a written contract memorialized in a visa petition and a written stock purchase agreement, both attached as exhibits); 2) Fraud, and; 3) Alter Ego (which is not a ...

Excerpt: ...endant Omkar Rocklin Inc. (the “Corporation”) was organized in 2010 for the purpose of acquiring a hotel in Rocklin, California (the “Hotel”). (FAC, ¶ 7.) Shah became aware of an opportunity to purchase the Hotel in a bankruptcy proceeding and brought it to the attention of Desai and several others, including Defendants. (Id., ¶ 11.) After investigating the opportunity further, Plaintiffs, Mehta and Sanjiv Bhanot (“Bhanot”) (collect...

Excerpt: ...here Plaintiff was employed. The original and still operative Complaint, filed October 3, 2019, states claims for: 1) Sexual Harassment (FEHA violation) alleged against Defendant La Rinconada and Does; 2) Assault, alleged against Defendant Owen Lin and Does; 3) Invasion of Privacy, alleged against La Rinconada, Owen Lin and Does; 4) Intentional Infliction of Emotional Distress, alleged against Owen Lin and Does; 5) Negligent Infliction of Emotion...

Excerpt: ... tentative ruling must call Department 20 at 408.882.2296 and the opposing party no later than 4:00 PM on 10 June 2020. Please specify the issue to be contested when calling the Court and counsel. ORDER ON DEFENDANT APPLE INC.'S DEMURRER TO THE FIRST AMENDED COMPLAINT I. Statement of Facts. This is an employment case. In April 2017, plaintiff Syed Nazim Ali (“Ali”) (self‐represented) applied to 14 different open positions with defendant App...

Excerpt: ...no and Robert Young (collectively “Defendants”). Plaintiff alleges he became acquainted with Venkat and Vijayasri Rayapati through a cousin. Emphasizing this family connection and their membership in the same caste, Venkat and Vijayasri then allegedly tricked Plaintiff into investing in their company, SAI, based on false representations about the company's products, valuation, investors, and success in the marketplace. Defendants subsequently...

Excerpt: ... a residential property located in Cupertino (the “Property”), having all taken title to the Property via a grant deed dated May 10, 2010. (Complaint, ¶¶ 2, 3, 8.) Plaintiffs have agreed between themselves to a partition of the Property by sale and demanded on March 4, 2019, that Defendant cooperate in said partition. (Complaint, ¶ 7.) However, Defendant has at all times failed and refused to respond to Plaintiffs' demand and has allegedly...

Excerpt: ...ng the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 10 June 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION TO DISMISS OR STAY THE ACTION ON GROUNDS OF FORUM NON CONVENIENS I. Statement of Facts. Plaintiff Sarah Van Mantgem traveled to Germany to undergo artificial disc replacement surgery wherein three Spinal Kinetics M6‐C artificial ...

Excerpt: ...defendant, The Nicholson Family Partnership (“TNFP”). According to the allegations of the first amended complaint (“FAC”), MHC operates and manages Westwinds Mobile Home Park (“Westwinds”), located in San Jose and home to 1,600 resident subtenants. (FAC, ¶ 1.) Winkelmann is one of the subtenants who owns a home in the park. (Ibid.) MHC leases the land for the park from TNFP, under four ground lease agreements. (Ibid.) CountryPlace is...

Excerpt: ...o residents with mobile homes, including plaintiff Stacey Winkelmann (“Winkelmann”). (FAC, ¶ 1.) Some of the mobile homes are financed through CountryPlace Mortgage, Ltd. (“CountryPlace”). (FAC, ¶ 8.) Other mobiles homes in the park are sold or leased to residents through ECHO Financing, LLC (“ECHO”)—a joint venture between MHC and Cavco Industries, Inc. (FAC, ¶ 9.) Winkelmann alleges the Nicholson Family is attempting to unlawfu...

Excerpt: ...cise of civil rights under Civil Code section 52.1; (6) intentional infliction of emotional distress; and (7) unlawful seduction/sexual abuse of a minor. Currently before the Court is Defendant's demurrer to the second, third, fourth, fifth, and sixth causes of action on the ground of failure to state facts sufficient to constitute a cause of action. (Code Civ. Proc., § 430.10, subd. (e).) II. Discussion In general, “a complaint must contain �...

Excerpt: ...f and defendants Denise Shirey (“Shirey”) and Andrea Moore (“Moore”) (collectively, with United, “Defendants”) came to disagreements with regards to Plaintiff's employment. (See SAC, ¶¶ 20‐21.) On January 19, 2017, Shirey delivered Plaintiff a letter informing him that he was on administrative leave and that United had initiated an investigation of alleged breaches of professional and fiduciary duties. (See SAC, ¶ 22.) On January...

Excerpt: ...c Insurance Brokers, Inc. (“Leavitt”). Acrisure asserts causes of action against Trevino‐Coxson and Leavitt (collectively, “Defendants”) for: (1) breach of contract (against Trevino‐Coxson); (2) breach of fiduciary duty (against Trevino‐Coxson); (3) misappropriation of trade secrets (against Defendants); (4) intentional interference with contractual relations (against Defendants); and (5) intentional interference with prospective ec...

Excerpt: ...nconscionability; (3) wrongful foreclosure; (4) breach of the covenant of good faith and fair dealing; (5) unfair business practices; and (6) accounting. In the SAC, Plaintiff alleges that it received a loan from Defendant to purchase real property in San Jose. (SAC, ¶ 8.) The loan was for $848,000 and was secured by the property. (SAC, ¶ 9.) The original interest rate was 8.875 percent per year. (SAC,¶ 10.) Pursuant to the Loan Agreement, Pla...

Excerpt: ... at 1708 McCarthy Boulevard, Milpitas, California (the “McCarthy Property”). Plaintiff initiated the action against John Traub and Carolina Traub, as individuals and co‐trustees of the 1994 Inter Vivos Trust, and John Traub II on February 20, 2019. Plaintiff subsequently amended his pleading on several occasions. In December 2019, Plaintiff filed a second amended complaint (“SAC”) alleging causes of action for: (1) fraud; (2) breach of ...

Excerpt: ...GN‐1.) Plaintiffs allege injuries resulting from the doctors' failure to provide adequate treatment and to obtain adequate care, (TAC, ¶¶ FR‐2, FR‐3, FR‐4, IT‐1, & GN‐1), as well as from defective Angio‐Seal devices that were used in the procedures. (TAC, ¶¶ Prod. L‐1‐Prod. L‐12.)P laintiffs also allege that they did not consent to the procedures and that they were misled as to who would perform the procedures. (Id. at ¶�...

Excerpt: ...ff, an individual with musculoskeletal and neurological system conditions which qualify as disabilities under the Americans with Disabilities Act (the “ADA”). (Complaint, ¶ 14.) According to the allegations of the Complaint, on July 28, 2019, Plaintiff visited Defendant's website to view the accessible features in its hotel guest rooms. (Id., ¶ 22.) Plaintiff desired to visit a hotel in the Cupertino area, which he planned to visit on Septe...

Excerpt: ...developing Zombie Gunship (“ZG”), a game that involved shooting zombies from an airplane. (Complaint, ¶10.) A developer working with defendant LSI named Sanders Van Rossen (“Van Rossen”) came up with the original idea for ZG. (Id.) The parties agreed to jointly develop ZG with rights to the game split 60% to defendant LSI, 20% to plaintiff HEI, and 20% to Van Rossen. (Complaint, ¶11.) The agreement was memorialized in a Letter of Intent...

Excerpt: ...g/operating/maintaining the intersection at Great America Parkway and Tasman Drive in Santa Clara, Havens performed his duties in a negligent manner, resulting in a collision between Plaintiff's vehicle and a vehicle operated by defendant Peter Lishnerness. (Complaint, ¶ 29.) Plaintiff was injured in the collision. B. Procedural Based on the foregoing, Plaintiff filed the Complaint on October 21, 2019, asserting claims for: (1) negligent operati...

Excerpt: ... RE: MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT Case No. 19CV355280 The above‐ entitled action comes on for hearing before the Honorable Patricia M. Lucas on June 19, 2020 at 9:00 a.m. in Department 3. The court now issues its tentative ruling as follows: 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I. INTRODUCTION This is a putative class action arising out of various alleged Labor Code violations. It ...

Excerpt: ... The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on June 19, 2020 at 9:00 a.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION According to the allegations of the Second Amended Complaint (“SAC”), filed on February 3, 2020, this case concerns deficiencies at a multi‐unit residential project (the “Project”). (See SAC, ¶¶ 6 and 34.) Plaintiff The Globe Homeow...

Excerpt: ...orable Patricia M. Lucas on June 19, 2020 at 9:00 a.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This case arises out of alleged Labor Code violations. The Amended Complaint1 (“FAC”), filed on May 18, 2020, sets forth the following causes of action: (1) Failure to Pay 1 The Amended Complaint was filed after the motion was filed on February 13, 2020. The court finds this motion is not moot and the A...

Excerpt: ...dant sells home renovation and design products and services and does business throughout California, including in Santa Clara County. (Class Action Complaint, ¶ 4.) Plaintiff was employed by Houzz as a non‐exempt employee from August 10, 2015 through December 6, 2018. (Id. at ¶¶ 7–8.) She alleges that she and other putative class members were not paid at least the minimum wage for all hours worked; were not paid the correct rates for overt...

Excerpt: ...h in that order. Before the Court are plaintiff's motions for final approval of the settlement and for approval of his attorney fees, costs, and service award. Plaintiff's motions are unopposed. I. Legal Standards for Approving a Class Action/PAGA Settlement Generally, “questions whether a settlement was fair and reasonable, whether notice to the class was adequate, whether certification of the class was proper, and whether the attorney fee awa...

Excerpt: ...entitled action comes on for hearing before the Honorable Patricia M. Lucas on June 19, 2020 at 9:00 a.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action arising out of various alleged Labor Code violations. The Complaint, filed on September 27, 2017, sets forth the following causes of action: (1) Failure to Pay for Each Hour Worked at the Appropriate Rate; (2) Failure to Auth...

Excerpt: ...heet metal design and manufacturing company located in San Jose. (First Amended Complaint (“FAC”), ¶ 5.) Plaintiffs Ronald Balanag and Javier Graciano were employed by JL as sheet metal printers, painters, and hardware operators at different periods during their employment. (Id. at ¶¶ 11‐12.) Plaintiffs allege that they and other non‐exempt employees routinely worked without receiving a timely ten‐minute rest period for every four ho...

Excerpt: ...ng the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 10 June 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION TO DISMISS OR STAY THE ACTION ON GROUNDS OF FORUM NON CONVENIENS I. Statement of Facts. Plaintiff Sarah Van Mantgem traveled to Germany to undergo artificial disc replacement surgery wherein three Spinal Kinetics M6‐C artificial ...

Excerpt: ...tual This is an action for products liability and fraud arising out of the provision of a massproduced memory chip manufactured by Micron to Plaintiffs. According to the allegations of the FAC, Plaintiffs design, manufacture and sell network technology equipment, including switches, which connect devices. (FAC, ¶¶ 1, 20.) Over the years, Plaintiffs have spent considerable sums on component parts manufactured by Micron, including synchronous dyn...

Excerpt: ...g the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 10 June 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, FOR SUMMARY ADJUDICATION OF ISSUES I. Statement of Facts. Plaintiff filed the complaint against Defendant on July 24, 2019. 2 On or about December 5, 2018, Defendant entered into written ...

Excerpt: ...CLA's Institute for Technology Advancement (“ITA”) and suggested that Plaintiff present to ITA. (Id.) On October 7, 2009, Plaintiff provided Konda Tech's business presentation to Markovic and ITA in confidence. (Id.) On October 12, 2009, just prior to presenting to ITA, Markovic, for the first time, indicated that Plaintiff should not expect ITA to fund Konda Tech because ITA does not fund technologies built outside UCLA. (Id.) ITA rejected f...

Excerpt: ..., in 2010, Plaintiff purchased a 2011 Volvo XC60. The purchase included express written warranties: a fouryear/50,000 mile bumper‐to‐bumper warranty, and a four‐year/50,000 mile power train warranty. (FAC, ¶ 10.) During the warranty period, the car contained or developed numerous defects. (Id. at ¶ 11.) Defendants have been unable to service or repair the car to conform to the warranties, and have failed to comply with their statutory obl...

Excerpt: ... tentative ruling must call Department 20 at 408.882.2296 and the opposing party no later than 4:00 PM on 10 June 2020. Please specify the issue to be contested when calling the Court and counsel. ORDER ON DEFENDANT APPLE INC.'S DEMURRER TO THE FIRST AMENDED COMPLAINT I. Statement of Facts. This is an employment case. In April 2017, plaintiff Syed Nazim Ali (“Ali”) (self‐represented) applied to 14 different open positions with defendant App...

Excerpt: ...mplaint”), plaintiff Robert Lee (“Robert”) and his family were renting a villa in Mexico in November 2017 for vacation. (Complaint, ¶ 14.) The rental of the villa, which is owned by defendants David Kulber and Carole Kulber (the “Kulbers”), is managed and facilitated by HomeAway. (Id.) The lease of the villa was all‐inclusive, which involved the use of golf carts located in the villa's garage. (Id.) Robert's4 wife, Ling‐Yin Chen Le...

Excerpt: ...“RPD”), set one, and for awards of monetary sanctions; and (2) the motion by Plaintiff to compel defendants Elena Kozlova (“Kozlova”) and Rosalie Toren (“Dr. Toren”) to provide further responses to FI, set one, SI, set one, RFA, set one, and RPD, set one, and for an award of monetary sanctions. Factual and Procedural Background This action arises out of psychotherapy services provided to Plaintiff by Kozlova, a psychological assistant...