Excerpt: ...e. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 24 February 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON PLAINTIFF'S MOTION TO COMPEL FURTHER DISCOVERY RESPONSES AND PRODUCTION OF DOCUMENTS AND FOR SANCTIONS I. Statement of Facts. Plaintiff filed this complaint on 12 December 2018.2 Plaintiff Timothy Weaver (“Plainti...

Excerpt: ...erty”). (SAC, ¶ 7, 10.) In 2005, Pham sought to purchase the Property. (Id. at ¶ 11.) Pham hired a mortgage broker who misrepresented the terms of the loan, and forged documents and signatures to complete the transaction. (Id. at ¶¶ 14, 16.) In 2009, Plaintiff sought to repurchase the Property from Pham. (SAC, ¶ 17.) They executed a purchase agreement, followed by a grant deed transferring legal title back to Plaintiff. (Id. at ¶¶ 22, 23...

Excerpt: ...opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 24 February 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON CROSS‐DEFENDANT AMRUTHA TAMANAM'S DEMURRER TO FIRST AND SECOND CAUSES OF ACTION IN CROSS‐COMPLAINT I. Statement of Facts. Plaintiff filed this complaint on 10 May 2019.1 This Complaint is brought by Plaintiff Amrutha Tamanam...

Excerpt: ...f Jeffrey Dickson (collectively, “Plaintiffs”). (See Def.'s separate statement in opposition to motion for summary judgment, undisputed material facts nos. (“UMFs”) 4‐6.) Timothy was 17‐years old on the date of the action, and the vehicle was owned by his parents and defendants, Michelle and Barry Manderson. (UMFs 7‐8.) Defendant Wendy Mann (“Mann”) allowed her granddaughter, Mikaela Kirkman, to have a pre‐prom dinner at her h...

Excerpt: ...r collection from its creditor‐client, Mai Dental Specialists, filed the instant complaint (“Complaint”) asserting various common counts. On October 21, 2019, Paredes filed the Cross‐Complaint, alleging that CCS violated the federal Fair Debt Collection Practices Act (“FDCPA”) and the Rosenthal Debt Collection Practices Act (the “Rosenthal Act” or the “Act”) by engaging in abusive, deceptive and unfair debt collection practice...

Excerpt: ...ng must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 19 February 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER GRANTING MOTION OF PLAINTIFFS TO DEEM REQUESTS FOR ADMISSIONS TO BE ADMITTED; COMPELLING DEFENDANTS TO RESPOND TO WRITTEN INTERROGATORIES, DOCUMENT PRODUCTION AND ORDERING GARY JOHNSON AND CONNIE BLUCK TO APPEAR FOR DEPOSITION I. Statement of Facts. Plaintif...

Excerpt: ...ing that Kuta failed to pay back a loan that was due when Kuta separated from employment with ColorTokens. Defendant ColorTokens served several discovery requests on Kuta and has filed the instant motion to compel further discovery responses. The requested responses are targeted at discovering information regarding Linkaj, a competing company ColorTokens alleges Kuta and several of his coworkers created while they were still employed with ColorTo...

Excerpt: ...y party opposing the tentative ruling must call Department 20 at 408.882.2296 and the opposing party no later than 4:00 PM on 19 February 2020. Please specify the issue to be contested when calling the Court and counsel. ORDER ON DEFENDANT CITY OF SAN JOSE'S MOTION FOR SUMMARY JUDGMENT I. Factual and Procedural Background On 18 November 2017, after crossing Cinnabar Street on eastbound N. Montgomery Street in San Jose, plaintiff Mary Ellen Steven...

Excerpt: ...mplaint (“FAC”), defendant Hieu Minh Nguyen (“Mr. Nguyen”) is a real estate investor and developer. (FAC, ¶ 11.) On June 1, 2014, Mr. Nguyen and Plaintiffs entered into an agreement whereby Plaintiffs loaned Mr. Nguyen $1,850,000 to finance the development and construction of an apartment building in Vietnam. (Id. at ¶ 12.) The loan was evidenced by a promissory note dated July 11, 2014, in the principal amount of $1,850,000 in favor of...

Excerpt: ... 11, 2016 was a breach of the written employment contract attached as exhibit A, the only alleged employment contract (See Complaint at ¶¶ 40‐41.) The second cause of action for breach of the implied covenant of good faith and fair dealing rests on the allegations for the breach of contract claim and was not based on any independent allegations. By order filed on September 6, 2019, Defendants' demurrer to the original complaint was sustained ...

Excerpt: ...n Central Expressway when she fell asleep at the wheel, drove into the bicycle lane, and struck Orion.3 (Id., ¶¶ 10, 14, 22.) Defendant allegedly “admitted that she fell asleep while driving, because, as she had jet lag from a long flight and was really tired.” (Id., ¶ 14.) As a result of the collision, Orion sustained severe physical injuries, mental anguish, and emotional distress. (Id., ¶¶ 11‐13, 15, 16, 23‐27.) In addition, Jon w...

Excerpt: ...arch 28, 2019, Plaintiff filed a complaint against Defendant, asserting causes of action for: 1) Quiet title; 2) Fraud; 3) Negligent misrepresentation; 4) Estoppel; 5) Injunctive relief; 6) Conversion; and, 7) Constructive trust. Defendant moves for summary judgment on the complaint. Defendant's burden on summary judgment “A defendant seeking summary judgment must show that at least one element of the plaintiff's cause of action cannot be estab...

Excerpt: ...��owned entity, Hernon Lake Shore, LLC, owns a 13.77% interest in the partnership. (Id., ¶ 8.) Plaintiff was first introduced to the Partnership investment in 2007 and at that time he understood the investment would be adequately capitalized and that then‐general partner Delamore and main fundraiser Byron Meo could meet their $7 million fund raise commitments. (Id., ¶ 10.) In consideration of his financial investment, which exceeded $1 millio...

Excerpt: ...inst SJKCC. According to the allegations of the cross‐complaint, in 2017, SJKCC merged with the Way Church (“Way”). (Cross‐Complaint, ¶ ¶ 19, 20.) At the time of the merger, both churches were members of KECA, and were bound by its bylaws. (Id. at ¶ 20.) As a result of the merger, SJKCC became the only true “San Jose Korean Central Church,” and they assumed all rights under that name. (Id. at ¶ 22.) Consistent with KECA's constitu...

Excerpt: ...us alleged wage and hour violations. The parties have reached a settlement. Plaintiffs Enrique Torres, Ruben S. Hermosillo, and Rosario De La Trinidad (collectively, “Plaintiffs”) now move for preliminary approval of the settlement. II. LEGAL STANDARD 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 award ...

Excerpt: ...TRODUCTION This is a putative class action. Plaintiffs Cathy O'Brien and Laura Adney (collectively, “Plaintiffs”) are social media influencers. (Amended Class Action Complaint (“Complaint”), ¶¶ 4‐5.) Thousands of influencers across the country recently learned that defendant PopSugar, a pop culture website focusing on celebrity news, entertainment, fashion, which has its own shopping platform, impersonated and misappropriated the infl...

Excerpt: ...ent 3. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a construction defect action involving a condominium development. The Second Amended Complaint, filed on April 4, 2018, sets forth the following causes of action: (1) Breach of Express Warranties; (2) Breach of Implied Warranties; (3) Violation of Statute (Civil Code, § 896, et seq.); and Breach of Declaration of Covenants, Conditions, and Restrictions. 2 1 2 3 ...

Excerpt: ...partment 3. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action brought by plaintiffs Wade Shumway (“Shumway”) and Johanna Tovar (“Tovar”) (collectively, “Plaintiffs”), arising out of various alleged Labor Code violations. According to the allegations of the Second Amended Class Action Complaint (“SAC”), filed on April 2, 2019, defendant Intuit, Inc. (“Defendant”) has a program...

Excerpt: ...endant as a nonexempt employee for approximately 16 years, until her employment was terminated on April 18, 2018. (Second Amended Class Action Complaint for Damages (“SAC”), ¶ 8.) During her employment, defendant had a time rounding policy that resulted in the underpayment of wages; did not properly compensate employees for time spent travelling for work or properly reimburse them for travel costs such as mileage; did not properly factor non...

Excerpt: ...CTION This is a case for recovery of penalties under the California Labor Code Private Attorneys General Act of 2004 (“PAGA”). The Complaint, filed on February 7, 2018, sets forth the following causes of action: (1) PAGA Penalties for Failure to Pay Wages Owed; (2) PAGA Penalties for Failure to Provide Meal Periods; (3) PAGA Penalties for Waiting Time Penalties; and (4) PAGA Penalties for Itemized Wage Statement and Recordkeeping Violations. ...

Excerpt: ...quirements of the construction contract, and below the standards of quality workmanship, and suspended its work, resulting in damage to the property. (See complaint, ¶¶ 11‐ 15.) As a condition of the issuance, maintenance and renewal of a contractor's license, Di Maggio Construction was required at the time of the project to have on file with the registrar a contractor's bond in the principal sum of $12,500. (See complaint, ¶ 38.) Defendant ...

Excerpt: ... Apps's contract with Boina by soliciting and inducing Boina to breach his contract with Apps. On March 22, 2019, Apps filed a complaint against Ramtek, asserting causes of action for breach of contract, breach of implied covenant of good faith and fair dealing, intentional interference, intentional interference with prospective economic advantage, and common counts. Plaintiff Apps served a subpoena on Wipro Limited (“Wipro”), a company that ...

Excerpt: ... 2d COA.) At the time of the accident, Leonti was driving in the course of his employment with Caltrans. (Ibid.) Plaintiff is Thomas Wydra's husband, and she alleges that she suffered multiple damages as a result of the death of her husband. Therefore, she alleges two causes of action for: (1) motor vehicle negligence; and (2) general negligence. Before the Court are demurrers brought by Leonti and Caltrans. II. Demurrer Caltrans demurs to both c...

Excerpt: ...ons of the Complaint, the common practice between out‐of‐network medical providers, such as Plaintiff, and insurers, such as Defendant, who do not have standing written agreements which set the rates of reimbursement for services rendered, is for the former to obtain a “separate oral promise and assurance of payment” from the latter when seeking authorization for the provision of services. (Complaint, ¶ 15.) Insurers regularly use terms ...

Excerpt: ...l Channels and responsible for SunPower's rooftop solar business. (FAC, ¶ 1.) When he started at SunPower, DeBono signed a non‐disclosure agreement whereby he agreed to safeguard SunPower's confidential information and work exclusively for SunPower during his employment. (Id. at ¶ 93.) DeBono later signed an employment agreement, in which he agreed not to actively engage in any other employment without his supervisor's prior approval. (Id. at...

Excerpt: ...arton, who has physical disabilities and limited mental capacity. (Complaint, ¶ 12.) At some point, SYW, which is owned and operated by Dumbuya, was hired to provide additional in‐home care for Barton. (Id. at ¶ 13.) Dellard, an employee of SYW, provided the care during regular overnight shifts while Plaintiff continued to care for Barton during the day. (Ibid.) At some point, the relationship between Plaintiff and Dellard soured, and Dellard...

Excerpt: ...e. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 10 February 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDERS ON DEFENDANTS' DEMURRER TO PLAINTIFFS' COMPLAINT AND DEFENDANTS' MOTION TO STRIKE MATTERS FROM PLAINTIFFS' COMPLAINT I. Factual and Procedural Background Daisy Juntado (‘Decedent”) was born on 10 June 1941 and was...

Excerpt: ... business transaction. According to the allegations of the SAC, Plaintiffs desired to enter into the food truck business and consequently entered into a written agreement with Food Trucks Plus for that purpose on February 27, 2017, paying $84,340.12 for the purchase of a food truck. (SAC, ¶ 3 and Exhibit 3.) Defendants subsequently delivered a defective and noncompliant food truck not capable of lawfully operating in California to Plaintiffs on ...

Excerpt: ...asks the Court to take judicial notice of a supplemental brief filed by BMW in a federal case “pursuant to Federal Rules of Evidence 201.” (Reply RJN, p. 1:6.) Plaintiff's request for judicial notice suffers from multiple defects. First, the request is made pursuant to Rule 201 of the Federal Rules of Evidence. California courts, including this Court, are not bound by the Federal Rules of Evidence; they follow California's Evidence Code. (Evi...

Excerpt: ...C, ¶ 22.) A shot‐put is a 12‐pound metal sphere that is thrown competitively for distance. (Ibid.) For safety, the throw is made from a designated seven‐ foot circle into a defined throwing sector. (Ibid.) Adjacent to the throwing sector is a safety buffer zone that must be kept clear of spectators and participants during the event. (Ibid.) According to the rules, participants may only throw the shot‐put when the throwing sector and safe...

Excerpt: ...laint (“Complaint”), nearly twenty years ago attorney Robert M. Tobin (“Tobin”) obtained a default judgment against his clients, Defendants (former owners of the Property), in the amount of $106,250 for unpaid legal fees. (Complaint, ¶ 19.) The foregoing judgment was renewed on July 5, 2012 for a total of $106,005.43, with the Notice of Renewal of Judgment recorded that day. (Id., ¶¶ 20‐21.) On December 9, 2015, sisters Griffis and B...

Excerpt: ...aint (on the premises liability attachment) states that on “March 25, 2016,” Plaintiff was injured by a “slip and fall at 875 Cinnabar St., San Jose, CA 95126.” On the premises liability attachment the boxes are checked for “Count OneNegligence,” alleged against Seven Hills Properties, LLC and Does 1 to 5, and “Count Two— Willful Failure to Warn,” alleged against Seven Hills Properties, LLC and Does 6 to 10. Plaintiff's specific...

Excerpt: ...f Global Channels and responsible for SunPower's rooftop solar business. (FAC, ¶ 1.) When he started at SunPower, DeBono signed a non‐disclosure agreement whereby he agreed to safeguard SunPower's confidential information and work exclusively for SunPower during his employment. (Id. at ¶ 93.) DeBono later signed an employment agreement, in which he agreed not to actively engage in any other employment without his supervisor's prior approval. ...

Excerpt: ...tiffs entered into a written agreement with defendants Ruffo Tile & Stone, LLC and Ruffo Tile & Stone (collectively, “Ruffo”) to install a specific type of high‐end tile, known as Porcelain Euro West in accordance with all specifications and standards established by the Tile Council of North America or Marble Institute of American, utilizing all appropriate tools, equipment and mortar. (See TAC, ¶¶ 12‐ 15.) Ruffo was also contracted to ...

Excerpt: ...ording the complaint, plaintiff worked for defendant from August 2011 to January 17, 2019 as an hourly, non‐ exempt employee. (Complaint, ¶ 7.) During this time, he and other California employees were provided with wage statements that failed to identify Northrop's legal name and address; failed to identify any applicable hourly rates of pay; and failed to state employees' total hours worked accurately when overtime was paid. (Id. at ¶ 19.) B...

Excerpt: ...18.10, which Rogers opposes. I. Factual and Procedural Background According to the First Amended and Supplemental Complaint (“FAC”), Rogers and his business partner Michael Mintz formed iTy in September of 2014 in San Francisco, with the plan to provide workforce management software to companies of all sizes. (FAC, ¶ 12.) Rogers developed the intellectual property that was used in iTy's software “Plause.” (Ibid.) In May of 2015, Rogers p...

Excerpt: ...fore the Court is plaintiff's motion for final approval of the settlement and for approval of her attorney fees, costs, and service award. Plaintiff's motion is 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 award was proper are matte...

Excerpt: ... in that order. Before the Court is plaintiff's motion for final approval of the settlement and for approval of his attorney fees, costs, and service award. Plaintiff's motion is 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 award wa...

Excerpt: ... filed declarations supporting the approval of the settlement. I. Factual and Procedural Background According to the operative complaint in Chavez, plaintiff Chavez was a non‐exempt employee at defendant's Gilroy store until December of 2015. (Chavez Second Amended Complaint (“SAC”), ¶ 7.) He alleges that defendant failed to pay minimum and overtime wages for time employees spent undergoing security checks and also failed to provide requir...

Excerpt: ...middle man—Plaintiff— to sell specialty sensors directly to customers. Plaintiff alleges defendant Lumasense thereby breached their agreement granting it an exclusive license to customize and resell fiber‐optic thermal sensors and nondispersive infrared sensors to the ten companies specified in their value‐added reseller agreement (the “Agreement”). Plaintiff alleges Lumasense misappropriated its trade secrets in the process and faile...

Excerpt: ...arty opposing the tentative ruling must call Department 20 at 408.882.2296 and the opposing party no later than 4:00 PM on 27 August 2020. Please specify the issue to be contested when calling the Court and counsel. ORDER ON DEFENDANT MARIANI'S INN AND RESTAURANT, INC.'S DEMURRER TO PLAINTIFF CARMEN JOHN PERRI'S COMPLAINT I. Factual and Procedural Background Plaintiff Carmen John Perri (“Plaintiff”) is mobility impaired and requires informati...

Excerpt: ...ases but ultimately has failed to pay the $5,477.42 balance due on the account. This action followed. B. Procedural Plaintiff filed the complaint on January 14, 2019, asserting common counts for open books account and account stated. Defendant filed her answer on May 14, 2019. On November 12, 2019, Plaintiff filed the instant motion for summary judgment, or in the alternative, summary adjudication. Defendant opposes the motion. II. Plaintiff's Re...

Excerpt: ...ustee of the Trust, entered into a Stock Redemption Agreement (“Agreement”). (Id. at ¶ 4.) Pursuant to the Agreement, as trustee, Higashi agreed to sell all 60 shares owned in Plaintiff, to Plaintiff for a proscribed price and at certain intervals over a period of years. (Id. at ¶ 5.) In 2002 the parties executed an amendment to the agreement to reflect a one to 1000 stock split and a resulting modified pricing structure. (Id. at Ex. B.) At...

Excerpt: ...TBG West, a licensed insurance broker and agent, to procure insurance for him. (Id. at ¶¶ 11, 15, 16, 41, 42, 47, & 48.) TBG West “represented to Plaintiff that it had special skill, knowledge, expertise and experience in disability insurance,” and allegedly owed Plaintiff a fiduciary duty on this basis. (Id. at ¶ 15.) TBG West sold Plaintiff a disability insurance policy from defendant Provident Life and Accident Insurance Company (“Pro...

Excerpt: ...her responses to FI Nos. 12.1, 15.1, and 17.1. A. Mootness As a preliminary matter, DealerCMO contends the instant motion is moot because Wilder's counsel purportedly agreed to take the motion off calendar if DealerCMO “complied with its agreement to produce the requested discovery” and “DealerCMO affirms that it will comply with its agreement by the date of this hearing.” (Oppn., p. 1:22‐26.) Moot cases or issues are “ ‘[t]hose in ...

Excerpt: ...ny party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 3 February 2020. Please specify the issue to be contested when calling the Court and Counsel. PLAINTIFF'S MOTION TO COMPEL DEFENDANT'S COMPLIANCE UNDER CODE OF CIVIL PROCEDURE, §2031.320 TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS, SET TWO This matter is on for Trial Setting Conference on this date at 11:00 AM in ...

Excerpt: ...Decedent owned 50 percent of the outstanding shares issued by Altest, On Electronics, Inc., and Sentung, LLC (collectively “Corporate Defendants”). Additionally, she and Seng jointly owned, as tenants in common, residential real estate in San Jose, California (the “Property”). Prior to Decedent's death, she and the shareholders of Altest, including Seng, executed a buy‐back agreement pursuant to which the shareholders of Altest would bu...

Excerpt: ...e labor and materials to frame an addition to a home located in Palo Alto. (Id. at ¶¶ 6, 9.) The dollar amount for the contract was negotiated, and Plaintiff was enticed to lower his original bid on a promise that Defendant would award Plaintiff another contract in the future. (Id. at ¶ 32.) Despite Plaintiff's performance on the subcontract, Defendant refused to pay and $41,552 is now owed. (Id. at ¶¶ 10, 11.) Furthermore, Defendant has ele...

Excerpt: ... written retainer agreement. (See First Amended Complaint [“FAC”] at Ex. A.) Plaintiff Mezzetti Financial Services (“Plaintiff”) is the assignee for attorney Mosher. (Id. at p. 2, ¶ 9.) Plaintiff alleges Defendant has failed to pay sums due and owing under the retainer agreement. On June 26, 2019, Plaintiff filed a complaint against Defendant alleging a single claim for breach of contract. The complaint however failed to attach a copy of...

Excerpt: ...entative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 3 February 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON DEFENDANT APPLE INC.'S DEMURRER TO THE COMPLAINT I. Factual and Procedural Background This is an employment case. In April 2017, plaintiff Syed Nazim Ali (“Ali”) (self‐represented) applied to 14 different open positions with defendant Ap...