Excerpt: ...ose. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 15 August 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion of Defendants for Relief from Default of Request for Admissions and from Deemed Admissions. I. Statement of Facts. In the First Amended Complaint, plaintiff alleges that it entered i...

Excerpt: ...titled to its attorney's fees pursuant contract. Defendant does not dispute that Plaintiff is entitled to an award of fees under the contract, but disputes that all of the fees claimed by Defendant were reasonably incurred in the defense and prosecution the claims. DISCUSSION A. Legal Standard CCP § 1032 provides that except as otherwise expressly provided by a statute, the prevailing party in an action or proceeding is entitled to recover its c...

Excerpt: ...ons of Plaintiff's rights under the state and federal constitutions and/or intentionally inflicted emotional distress. As noted, Plaintiff is self‐represented, which is sometimes referred to as appearing in propria persona. “[W]hen a litigant is appearing in propria persona, he is entitled to the same, but no greater, consideration than other litigants and attorneys. Further, the in propria persona litigant is held to the same restrictive rul...

Excerpt: ...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 15 August 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Orders on Defendant Chirayu Patel's: 1. Demurrer To the First Amended Complaint; and 2. Motion To Strike Damages Not Supported By The First Amended Complaint. I. Statement of Facts. Pla...

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

Excerpt: ...ber 30, 2021, Plaintiff filed a First Amended Complaint (“FAC”) on December 10, 2021. Defendant subsequently filed a demurrer on January 3, 2022. After the demurrer was heard on March 18, 2022, Plaintiff filed the operative complaint, the Second Amended Complaint (“SAC”), on April 4, 2022. Defendants request judicial notice in support of Defendant's Demurrer to the SAC. Plaintiff filed opposition papers on July 20, 2022, to which Defendan...

Excerpt: ...ts' insured. According to the allegations of the SAC, Plaintiff is a medical services provider. (SAC, ¶ 1.) CNP, a food preparations' business, arranges for the provision of health care services to its enrollees and the payment or reimbursement of the cost of those services. (Id., ¶ 3.) HCS, a third‐party claims administrator, works in such a capacity for CNP pursuant to a contractual agreement. (Id., ¶¶ 2, 10.) Collectively, HCS and CNP wi...

Excerpt: ...ooding event that went undetected and unmitigated through the evening and the morning of June 3, 2018, causing damage to the premises of which Plaintiff was the tenant. (See complaint, ¶¶ 15‐16.) On May 31, 2019, Plaintiff filed a complaint against TPx for property damages and business interruption. On March 25, 2022, TPx filed a form cross‐ complaint (“XC”) against cross‐defendant Honeywell International Inc. (“Honeywell”), asser...

Excerpt: ... entry of dismissal with prejudice, and on March 25, 2022, notice of entry of judgment served on the parties. On March 25, 2022, order was filed granting defendants' motion to expunge lis pendens and ordering plaintiffs to pay attorneys' fees to defendants in the amount of $25,364. On June 3, 2022, notice of entry of order was filed of order denying plaintiffs' motion for new trial, reconsideration, or relief pursuant to Code of Civil Procedure s...

Excerpt: ...anded on the roadway causing severe and permanent injuries. (Id.) The pathway was owned, maintained, controlled, transferred, designed, built, patrolled, funded and/or operated by defendant City of Palo Alto (“City”). (See SAC, ¶ 2.) In a deposition in January 2020, it was discovered that defendants URS Corporation (“URS”), Anderson Pacific Engineering Construction, Inc. (“APEC”) and AAA Fence Company, Inc. (“AAA”) carelessly and...

Excerpt: ...the allegations of the underlying TAC, Francis is the former head pastor and board chairman of the Church. (TAC, ¶¶ 11.) Hungsun is Francis' wife and she handled financial matters for SJKCC. (TAC, ¶ 13.) Kim and Jung are former board members and chief financial officers of the SJKCC. (TAC, ¶ 12.) Austin is an agent for an entity named Healing Hands Dental Mission, Inc. (“HHDM”). (TAC, ¶ 14.) Park is Austin's wife and she, along with Hung...

Excerpt: ...nd configuration issues in identity and access management layers across different Cloud platforms. (FAC at ¶ 9.) Continued reliance on the Cloud to store data made the Technology potentially lucrative. (Ibid.) In April 2015, Plaintiff validated the commercial feasibility of the Technology and began working full time to develop a prototype. (FAC at ¶ 10.) In that regard, Plaintiff desired to create a team to help develop the prototype. (Ibid.) P...

Excerpt: ...ailing party under the SBA and the CCP § 998 offer Plaintiffs accepted entitles them to recover their attorneys' fees, costs, and expenses. Defendants Ford Motor Company et al (Defendants) do not dispute that Plaintiffs are the prevailing parties and entitled to seek an award of fees costs and expenses under the applicable law and the terms of the Settlement Agreement. However, Defendants dispute the amount of fees being sought based on the numb...

Excerpt: ... trust. The note and deed of trust were signed by Saul Flores on behalf of Overlook. On April 24, 2019, the note was superseded by updated note executed by Overlook. The deed of trust and updated note each have a provision for award of attorneys' fees and costs. The provisions for attorneys' fees and costs are included in the deed of trust attached to the operative complaint and referenced in the declaration of attorney for plaintiff submitted in...

Excerpt: ...ich is unopposed. As discussed below, the Court requires more information to evaluate the settlement. I. BACKGROUND Plaintiff alleges that Defendant failed to provide her and other non‐exempt employees with required meal and rest periods. (First Amended Class Action Complaint (“FAC”), ¶¶ 34– 37, 46.) Defendant also failed to pay required minimum and overtime wages and to timely pay all wages owed during employment and at discharge or re...

Excerpt: ...“Complaint”), on February 13, 2019, Dr. Farris performed a total right knee arthroplasty on Plaintiff. (Complaint, ¶ 6.) Approximately three months later, on May 10, 2019, Plaintiff went to the emergency room due to problems in her right knee and was informed that the arthroplasty had not been performed correctly. (Id.) Plaintiff alleges that the arthroplasty was performed negligently, causing misalignment and misplacement of the knee, resul...

Excerpt: ...t on the grounds that the motion was made prematurely while the parties were still meeting and conferring, and on the further grounds that the motion is moot because for all but one request, Defendant has provided code‐complaint responses to the requests, made a complete responsive production and served three sets of supplemental responses, a privilege and over 23,000 pages of responsive documents. Defendant asks the Court to sanction Plaintiff...

Excerpt: ...”) originally also included New York Life Insurance Company (“NY Life”), the company that issued the policy, as a defendant but NY Life is no longer in the case. Plaintiffs' original and still operative Complaint in the 2018 case was filed November 5, 2018 and stated three causes of action: 1) Declaratory Judgment; 2) Prohibitory Injunction (against NY Life only), and; 3) Mandatory Injunction (against NY Life only). On March 11, 2019 the Co...

Excerpt: ...l of these motions are opposed. As discussed below, the Court DENIES MCM's motion for summary judgment and GRANTS Plaintiff's motion for class certification. Since neither of these rulings relies on Ms. Fisher's declarations, MCM's motion to strike is MOOT. I. BACKGROUND A. Factual According to the complaint, Plaintiff is alleged to have incurred debt associated with a consumer credit account issued by Capital One Bank (USA), N.A. (First Amended ...

Excerpt: ...entative ruling must call Department 8 at 408.808.6856 and the opposing party no later than 4:00 PM on August 10, 2022. Please specify the issue to be contested when calling the Court and Counsel. BACKGROUND Before the court is a motion by the City of San Jose (“Plaintiff”) for Terminating Sanctions against Church of Zion and Damian Galvan (“Defendants”) for what is described as a continued refusal of either Defendant to appear for deposi...

Excerpt: ...he tentative ruling must call Department 8 at 408.808.6856 and the opposing party no later than 4:00 PM on August 10, 2022. Please specify the issue to be contested when calling the Court and Counsel. BACKGROUND Before the court is a motion by Defendant American Management Service, Inc. (“Defendant”) to compel Plaintiff Vera Fox (“Plaintiff”) to provide further responses to Form Interrogatories, set one, numbers 6.5, 12.1 and 14.1. Plaint...

Excerpt: ...on of PAGA. The Complaint alleges (at ¶8) that Plaintiff was employed by Defendant from approximately June 2018 to January 2020. Under PAGA, an aggrieved employee may bring a civil action personally and on behalf of other current or former employees to recover civil penalties for Labor Code violations. (Iskanian v. CLS Transp. Los Angeles, LLC (2014) 59 Cal.4th 348, 380.) Currently before the Court is Defendant's motion to dismiss this PAGA acti...

Excerpt: ..., Wu was recruited by China Science & Merchants (“CSC Group”) as CoPresident. (TAC, ¶ 4, 19.) She was told there would be a competitive profit‐sharing plan. (TAC, ¶ 25.) She was hired to lead the investment activity. (TAC, ¶ 20.) By 2019, Wu built what became a top tier portfolio in early‐stage technology companies by applying rigor and high selectivity in investing. (Ibid.) Had it not been for the promises and assurances by Xiangshuan...

Excerpt: ...oss‐Complaint ¶¶ 10‐11, 16.) Vergonio further alleges that Credit One Bank, N.A., subsequently sold, assigned, or transferred the alleged debt to FNBM, LLC. (Id. at ¶ 12.) Vergonio alleges that, despite receiving the final payment in December 2019, FNBNM, LLC treated the alleged debt as a loss or expense and sold the debt in August 2020 to Sherman Originator III, LLC. (Id. at ¶¶ 12‐14.) Vergonio contends that the alleged debt is subjec...

Excerpt: ...bove‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on August 10, 2022 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This personal injury action brought by plaintiffs James W. Lynn (“Mr. Lynn”) and Sheelagh Lynn (collectively, “Plaintiffs”) arises out of Mr. Lynn's malignant mesothelioma, which was allegedly caused by exposure to asbestos. The operative F...