Excerpt: ...g as follows: I. INTRODUCTION This is a putative class action for alleged violations of the Fair Credit Reporting Act (“FCRA”). Plaintiff Desire Oyero (“Plaintiff”) alleges that defendant Pride Industries (“Defendant”) routinely acquires consumer, investigative consumer, and/or consumer credit reports to conduct background checks on Plaintiff and other employees and uses information from the reports in connection with the hiring proce...

Excerpt: ...ion involving the following cases: (1) Harbour v. SOS Security, LLC, et al., Case No. 19STCV33232, Los Angeles County Superior Court (“Harbour”); (2) Williams v. SOS Security, LLC, et al., Case No. 20CV362050, Santa Clara County Superior Court (“Williams”); (3) Marmolejo, et al. v. SOS Security, LP, Case No. 20CV367423, Santa Clara County Superior Court; 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 (4) Muse...

Excerpt: ...aintiffs”) (self‐represented), husband and wife, reside at real property located at 121 Vista Del Lago in Los Gatos, California. (FAC at ¶¶ 2, 26.) Plaintiff Ronen purchased the subject property on January 28, 1994. (Id. at ¶ 28.) While difficult to determine, Plaintiffs allege multiple defendants, including banks and other financial institutions, intentionally conned, tricked, and maliciously deceived plaintiff Ronen into signing fraudule...

Excerpt: ...) denied with prejudice Plaintiff's application for a right to attach order and order for writ of attachment. Currently before the Court is a demurrer to the Complaint by Defendants NC Fit, Inc. fka Khalipa, Inc., NC Fit Group, Inc., and Jason Khalipa (“Defendants”) filed on May 4, 2022. The demurrer is opposed by Plaintiff. I. Request for Judicial Notice “Judicial notice may not be taken of any matter unless authorized or required by law.�...

Excerpt: ...of action: (1) Professional Negligence; (2) Breach of the Implied Covenant of Good Faith and Fair Dealing, and; (3) Reformation of Contract. The FAC also added Travelers Insurance Company of America (“Travelers”) as a defendant under the second and third causes of action. Currently before the Court is Travelers' demurrer to the FAC, which is opposed by Plaintiffs. I. Demurrer to the FAC The Court in ruling on a demurrer treats it “as admitt...

Excerpt: ...the tentative ruling must call Department 8 at 408.808.6856 and the opposing party no later than 4:00 PM on 8 August 2022. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON DEMURRER OF DEFENDANT SANDRA FRANCES KERRIGAN TO PLAINTIFF'S SECOND AMENDED COMPLAINT I. Statement of Facts. On or about 3 July 2007, plaintiff Yvonne Kerrigan (“Plaintiff”) and defendant Sandra Frances Kerrigan (“Defendant”) entered...

Excerpt: ...��the Estate”). (FAC at ¶ 2.) Defendant Central Concrete Supply, Inc. (“Central Concrete”) is a motor carrier and owner of commercial trucks with its principal place of business in Santa Clara County. (Id. at ¶ 3.) Defendant Roberto HuertaGarcia (“HuertaGarcia”) is a Central Concrete employee.4 (Id. at ¶ 4.) Defendant Vulcan Materials Company is the parent company of Central Concrete. (Id. at ¶ 5.) On June 23, 2020, defendant Huerta...

Excerpt: ...or assistance with locating and jointly acquiring income generating and long‐term equity growth properties. (Complaint at ¶ 10.) Defendant Kao wished to use Plaintiff's expertise in real estate, as well as his capital contributions, since she did not have sufficient funds to purchase any properties on her own. (Ibid.) Defendant Kao previously worked as Plaintiff's CPA and thus he had trust and confidence in her professionalism, ethics, and int...

Excerpt: ...onto the property located at 14105 Columbet Avenue in San Martin (the “Ranch”), pursuant to an agreement with the property manager at the time. (Complaint, ¶ 10.) In or around December 2019, UFA purchased the premises.1 (Ibid.) After UFA gained title to the Ranch, Castillo and Plaintiff formed a verbal agreement allowing him to live on the property in exchange for labor completed around the Ranch. (Complaint, ¶ 11.) Pursuant to the agreemen...

Excerpt: ...out Plaintiffs' consent, Defendants maintained a retaining wall on Plaintiffs' property (the “Property”) and refused to remove it when Plaintiffs demanded they do so. (TAC, ¶ 3.) Defendants maintain that they were given consent to enter the Property while Plaintiffs argue that such consent was revoked when they sent a letter to Defendants on March 26, 2019 demanding that they remove the retaining wall. (Id., ¶ 4.) Defendants failed to respo...

Excerpt: ... Magic Sands MHP LLC (hereinafter GBR) filed its Opposition to the Motion for Writ on July 27, 2022 along with its own Request for Judicial Notice. On August 2, 2022, Plaintiffs filed a Reply to the Opposition to the Motion for Writ, filed Objections to GBR's Request for Judicial Notice, and filed another Request for Judicial Notice in Support of its Reply. GBR filed a Reply to the Objections to its Request for Judicial Notice on August 2, 2022. ...

Excerpt: ... party opposing the tentative ruling must call Department 8 at 408.808.6856 and the opposing party no later than 4:00 PM on 8 August 2022. Please specify the issue to be contested when calling the Court and Counsel. BACKGROUND Before the Court is Plaintiff's Motion to Compel Responses to Form Interrogatories, Set One and Request for Production of Documents and Things, Set One from Defendant Fry's Electronics (“Defendant”). The motion requests...

Excerpt: ...he tentative ruling must call Department 8 at 408.808.6856 and the opposing party no later than 4:00 PM on 8 August 2022. Please specify the issue to be contested when calling the Court and Counsel. BACKGROUND Before the court is Defendant's motion to dismiss the complaint for failure to prosecute pursuant to Code of Civil Procedure Section 583.410. Plaintiff filed a First Amended Complaint (hereinafter, FAC) after a demurrer with leave to amend ...

Excerpt: ...ay Plaintiff for such services. (See FAC, ¶ 7.) Plaintiff provided legal services and advanced costs and expenses for District and invoiced District for those services, costs and expenses. (See FAC, ¶ 8.) District has failed to pay the remaining balance of Plaintiff's legal invoices, totaling $336,016.42 in unpaid legal fees and costs, as well as the contractually agreed service charge and interest. (See FAC, ¶ 9.) On May 1, 2019, Plaintiff se...

Excerpt: ... alleging that he physically attacked Plaintiff “at or near the premises” of a Tau Kappa Epsilon fraternity house in Santa Clara “very late in the evening of January 25, 2020 or the wee hours of January 26, 2020,” (Complaint at ¶3) and; (2) Negligence, alleged against Defendant Tau Kappa Epsilon, Inc. (“TKE”) only, on a premises liability theory. While admitting (Complaint at ¶9) that “the attack occurred a few feet off the TKE pr...

Excerpt: ...“DXC”) (the “Merger”). Before the Court is a demurrer by HPE, DXC, and the individual defendants on the ground that each cause of action in the operative First Amended Consolidated Complaint (“FAC”) fails to state a claim by pleading a material misstatement or omission. (Code Civ. Proc., § 430.10, subd. (e).) Plaintiffs oppose the demurrer. As discussed below, the Court SUSTAINS the demurrer with 30 days' leave to amend. I. BACKGROUN...

Excerpt: ...Alternatively, it moves to strike allegations concerning remedies it contends are unavailable and allegations it contends are argumentative, irrelevant, inflammatory, or otherwise improper. As discussed below, the Court SUSTAINS Defendant's demurrer with leave to amend based on CDA immunity. The alternative motion to strike is MOOT. I. BACKGROUND As alleged in the Complaint, Lady Freethinker is a registered 501(c)(3) nonprofit organization founde...

Excerpt: ...n. Defendant City of San Jose (the “City”) demurs to the FAC and joins in the demurrer filed by the County Defendants. I. Background A. Factual This is an action for declaratory and injunctive relief based on the assertion by Plaintiffs‐ four City employees and a non‐profit organization comprised of the same‐ that health orders issued by Dr. Cody on December 28, 2021 and amended on March 7, 2022, are a COVID‐19 “vaccine/booster mand...

Excerpt: ...ropriate. Defendant seeks orders compelling further response to the following discovery: 1. Defendant's First Set of Requests for Requests for Production: 3, 5, 8, 9, 18, 19, 20, 22, 23, 24, 25, 30, and 38; for an order compelling Plaintiff to produce all documents responsive to request for production numbers 2, 4, 6, 7, 12, 15, 28, 29, and 39; and Production: 3, 5, 8, 9, 2. Defendant's Special Interrogatories numbers 4, 7 ‐13, 17, 20‐24, and...

Excerpt: ...reet, 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 03 August 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Orders on: 1. Demurrer of Defendants to Plaintiff's Complaint; 2. Motion of Defendants to Strike Allegations from Plaintiff's Complaint. I. Statement of Facts. Plaintiff filed this compla...

Excerpt: ...narily approved in an order filed on March 21, 2022. The factual and procedural background of the action and the Court's analysis of the settlement and settlement class are set forth in that order. Before the Court is Plaintiffs' motion for final approval of the settlement and for approval of their attorney fees, costs, and service award. The motion is unopposed. As discussed below, the Court GRANTS final approval. I. LEGAL STANDARDS FOR SETTLEME...

Excerpt: ...retaliation; failure to take steps to prevent and/or correct harassment, discrimination and/or retaliation; constructive termination; and whistleblower protection under the Labor Code. On March 2, 2022, plaintiff served defendant with special interrogatories, set three (“SI”), and requests for production, set three (“RFP”) (collectively “set 3 discovery”). On April 6, 2022, defendant served responses which plaintiff considered deficie...

Excerpt: ...mended Complaint and portions of its Cross‐Complaint. As discussed below, the Court GRANTS Cypress's motion. I. LEGAL STANDARD “The court may order that a record be filed under seal only if it expressly finds facts that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding inte...

Excerpt: .... INTRODUCTION The operative First Amended Complaint (“FAC”), filed on August 18, 2021, alleges a single cause of action for Failure to Provide Proper Disclosure in Violation of the FCRA (15 U.S.C. §§ 1681b(b)(2)(A)). Now before the court is the motion by plaintiff Eric M. Wickham (“Plaintiff”) for sanctions against defendant Schenker, Inc. (“Defendant”) and its counsel pursuant to Code of Civil Procedure section 128.5, subdivision ...

Excerpt: ...ourt now issues its tentative ruling as follows: I. INTRODUCTION This is a class and representative action arising out of various alleged wage and hour violations. The operative First Amended Class Action Complaint (“FAC”), filed on April 18, 2022, sets forth the following causes of action: (1) Violation of California Labor Code §§ 510 and 1198 (Unpaid Overtime); (2) Violation of California Labor Code §§ 226.7 and 512(a) (Unpaid Meal Peri...