Excerpt: ...itted a unitary memoran dum of points and authorities in opposition to the petition to confirm and in support of their petition to vacate. As an initial matter, the court notes that this petition appears to have been filed in this court based on the erroneous belief that Menlo Pa rk— where the arbitration occurred —is in Santa Clara County. (Petition, ¶ 15.) Menlo Park is in San Mateo County. Nevertheless, Respondents have not objected to ...

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 15 May 2024. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo --- Order On Motion For Sum mary Judgment Or, Alternatively, Summary Adjudication, Against Plaintiffs Benito Hernandez And Monica Hernandez I. Statement of Facts. Plaintiffs Benito Hernandez, Monica Hernandez, and ...

Excerpt: ...h, Inc.'s (“Trucker Path” ) petition to compel arbitration and stay court proceedings; and (2) Roady's motion to stay. The latter motion is opposed, while the former is not. As discussed below, Trucker Path's motion to compel arbitration and stay court proceedings is MOOT. The Court GRANTS Roady's motion to stay. I. BACKGROUND A. Factual According to the allegations of the operative complaint (“Complaint”), Mudflap is the creator of a ne...

Excerpt: ... (“County”) and other defendants. According to the complaint, on July 31, 2022, Plaintiff was diagnosed with kidney stones at defendant St. Louise Regional Hospital. (Complaint at ¶ 2.1) St. Louis Regional Hospital is operated by def endant Santa Clara Valley Health & Hospital System. (Id. at ¶ 3.) Santa Clara Valley Health & Hospital System is operated by the County. (Id. at ¶ 4.) On August 1, 2022, defendant Dr. Amir Saffarian (“Dr. Sa...

Excerpt: ...ns of the FAC, on December 27, 19 61, the Benson Estate gifted “O'Connor Hospital” a ten percent interest in property located at 95 S. Market Street, San Jose, California (“the Property”) under a probated will. (FAC, ¶¶ 6 -7.) Around 1965, Plaintiff began managing the Property on behalf of beneficiaries of the Estate of Robert Francis Benson. (“Benson Estate”)1 (FAC, ¶ 1.) In July 1974, the Property owners entered into a “50 -ye...

Excerpt: ...pposin g the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 15 May 2024. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo --- Order On Defendant John Doe 1's Motion For Judgment On The Pleadings I. Statement of Facts. In approximately 1977, plaintiff Jane Doe D.L. (“Plaintiff”) was enrolled as a ninth grade student at Oak Grove High School operate...

Excerpt: ...f the permissive claims against the other cross -defendants. The court finds that defendants have not adequately explained how the crosscomplaint's allegations against Ahedo are compulsory in nature. As the court understands it, Ahedo's allegations against defendants are b ased on a claim of failure to pay proper wages under the Labor Code: Ahedo contends that Omega misclassified him and therefore failed to pay him overtime, to pay him for meal...

Excerpt: ...obert Killingsworth (collect ively, “Defendants”).2 Plaintiffs allege that Travelers had a duty to defend or indemnify them in six underlying actions, and that Defendants engaged in a conspiracy with several nonparties to prevent Plaintiffs from obtaining the contractual benefits und er its tenant's general commercial liability insurance policy. Travelers and Tancredy have now filed a motion for summary judgment addressing all of the remain...

Excerpt: ... stay at the Hotel from on or around March 12, 2023 until March 25, 2023. (Id. at ¶ 29.) However, due to a s evere b ug i n festati on at th e Ho te l , th ey were forced to vacate on M arch 2 0 , 2 0 2 3 . ( I b i d .) Pl ai n ti ffs noticed the bed bug infestation and complained to Defendant's managers or employees about the uninhabitable conditions in their hotel room, Room 126, but the bed bugs were not abated. (Compl., ¶¶ 30, 32.) After m...

Excerpt: ... Court, rule 3.1308, the Court issues its tentative ruling. I. BACKGROUND A. Factual This action arises out of care rendered by Dr. Sung, a veterinarian at VCA, to Plaintiff's cat, “Kitty” (aka “Kimmy”). According to the Second Amended Complaint (“SAC”), Plaintiff brought her cat to VCA to be evaluated on October 17, 2018. (SAC, ¶ 15.) Dr. Sung's physical exam indicated that Kitty's gait and musculoskeletal structure were normal. (Id...

Excerpt: ...FAs to respond; (2) INCIDENT was not defined specifically enough in the FIs; and (3) the RFP are not sufficiently limited in time; (4) RFP #9 asks for the private information of nonparty tenants, and Plaintiff refused to make modifications to the SIs in writing. In additi on, Defendants claim that Plaintiff's meet and confer efforts were insufficient and that the sanctions request does not comply with CCP §2023.040 and should be denied. Based...

Excerpt: ...ay this action pendi ng resolution of the arbitration of Plaintiff's individual claims. As discussed below, the Court GRANTS Defendant's motion. I. BACKGROUND A. Factual According to the allegations of the operative Second Amended Complaint (“SAC”), Roadie is a company that provides delivery services throughout the country utilizing a crowdsourced delivery platform. (SAC, ¶ 10.) Plaintiff has worked for Roadie since June 2022 as a delivery d...

Excerpt: ...ded” the actual time wo rked, among other Labor Code violations. Before the Court is Acadia's motion to stay this action pending resolution of Patricia J. Ryan v. Mission Treatment Services, Inc., et al. in Los Angeles County Superior Court, Case No. 22STCV22280 (the “Ryan PAGA Action”), which is unopposed. I. BACKGROUND According to the allegations of the operative complaint (“Complaint”), Defendants required Plaintiff and aggrieved em...

Excerpt: ...efamation and emotional distress brought by plaintiff Shiue -Mei Kuo (“Kuo”) against defendants Chih -Ling Chou (“Chih -Ling”) and Sophia Chou (“Sophia”) (collectively, “Defendants”).2 According to the complaint, plaintiff Kuo, a resident of Taiwan , was employed as a professor at Mingshin University of Science and Technology, a private college also located in Taiwan. (Complaint at ¶¶ 1, 3.) Defendants are residents of Los Altos...

Excerpt: ...Stier's RV Center LLC dba Camping World RV Sales, and various Does. On November 27, 2023, Plaintiffs dismissed Heartland Recreational Vehicles LLC and filed a Doe amendment naming Forest River, Inc. (“Forest River”) as a defendant in place of “Doe 1.” Plaintiffs also filed the operative first amended complaint (“FAC”) on the same date. The FAC states eight causes of action: (1) Violation of the Song- Beverly Consumer Warranty Act (...

Excerpt: ...equest for a protective order to govern the conduct of De Luna's counsel, David Chun, at future depositions, as well as a request for $5,858.15 in sanctions against De Luna and Chun, based on their conduct at De Luna's December 18, 2023 deposition. On March 6, 2024, De Luna filed a motion for protective order to govern the conduct of GCS's counsel, Adam Khan, at future depositions. This motion included a request to compel further deposition test...

Excerpt: ...r damages of $513,976 .93 contained in AMS's cross-complaint. CHA has also requested monetary sanctions against AMS with respect to each motion. 1. The Documents Motion On the date that AMS's opposition to this motion was due, AMS apparently provided supplemental responses to the document requests and also produced “500+ pages” of documents. AMS now argues that this motion has been resolved and that no monetary sanctions should be awarded. In...

Excerpt: ...orinthian Inter national Parking Services, Inc. (“Defendant”), alleging various Labor Code violations in 2015 (“Turner Action”). 1 On January 21, 2016, plaintiff Mykale Rocquemore (“Rocquemore”) filed a representative action against Defendant asserting a single claim for civil penalties under the Private Attorneys General Act of 2004 (“PAGA”) (“Rocquemore Action”). The PAGA claim is predicated on allegations that Defendant fa...

Excerpt: ...: Plaintiff Brittany Jackson alleges she moved into the property at 1426 W 25th Street in Los Angeles, CA, to care for her ailing grandmother, Katie Mae Hawkins. On November 9, 2022, Hawkins passed away. Plaintiff Sylvia Sheridan is the daughter and successo r in interest to decedent Hawkins. Plaintiff Jackson alleges she continued to pay rent after her grandmother's death. On December 1, 2022, Defendant(s) Hawkins Real Property Management, LLC a...

Excerpt: ... operative First Amen ded Complaint (“FAC”) against defendants Grocery Delivery EServices USA, Inc. and Insperity Business Services, L.P. on March 18, 2020. The FAC sets forth the following causes of action: (1) Violation of 15 U.S.C. §§ 1681b(b)(2)(A) (FCRA); (2) Violation of 15 U.S.C. §§ 1681d(a)(1) and 1681g(c) (FCRA); (3) Failure to Provide Meal Periods (Lab. Code §§ 204, 223, 226.7, 512 and 1198); (4) Failure to Provide Rest Period...

Excerpt: ...int”) against defe ndant Fortinet, Inc. (“Defendant”) on February 3, 2023.1 The Complaint alleged class claims for violations of the Labor Code and the Unfair Competition Law (“UCL”). On February 27, 2023, plaintiff Lucas Andrews (“Lucas”) filed a First Amended Complaint (“ FAC”) in this action, which alleged class claims for violations of the Labor Code and the UCL.2 On September 26, 2023, Lauren and Lucas (collectively, “Pl...

Excerpt: ...ember 14, 2021, s ets forth causes of action for: (1) Failure to Pay Minimum Wages; (2) Failure to Pay Overtime Compensation; (3) Failure to Provide Meal Periods; (4) Failure to Authorize and Permit Rest Breaks; (5) Failure to Indemnify Necessary Business Expenses; (6) Fail ure to Timely Pay Final Wages at Termination; (7) Failure to Provide Accurate Itemized Wage Statements; (8) Unfair Business Practices; and (8) Civil Penalties Under PAGA. The ...

Excerpt: ... General Ac t (Labor Code §§ 2698, et seq.) (“PAGA”). On June 22, 2022, the parties submitted a Joint Stipulation to Submit Plaintiff's Individual PAGA Claim to Arbitration and Dismiss Without Prejudice Plaintiff's NonIndividual PAGA Claims; Proposed Order, which stat ed that “pursuant to the United States Supreme Court's recent decision in Viking River Cruises, Inc. v. Moriana, 596 U.S. __ (2022), the Parties have agreed that Plaintiff's...

Excerpt: ...”) against defend ant Naftoon, Inc. (“Defendant”), which alleged causes of action for: (1) Failure to Pay Minimum Wages [Cal. Lab. Code §§ 204, 1194, 1194.2, and 1197]; (2) Failure to Pay Overtime Compensation [Cal. Lab. Code §§ 1194 and 1198]; (3) Failure to Provide Meal P eriods [Cal. Lab. Code §§ 226.7 and 512]; (4) Failure to Authorize and Permit Rest Breaks [Cal. Lab. Code § 226.7]; (5) Failure to Indemnify Necessary Business Ex...

Excerpt: ...rovide a quote for the p ickup of products from a vendor in Indiana and to deliver those products to San Jose, California. (Id. at ¶ 8.) Defendants, through their employee Zaida Ladua (“Ladua”), emailed Plaintiff two quotes for a total price of $3,517.97 for the pickup and deliver y. (Id. at ¶ 9.) The quotes were good through March 1, 2022 and Defendants advertise that the quotes are binding for three days after the date of the quote. (Ibid...

Excerpt: ...1 United States of America – Internal Revenue Service, and Robert Bass, LLC (collectively, “Defendants”).2 According to the complaint, Defendants have a present ownership interest in or to real property located at 15814 Winchester Blvd. in Los Gatos, California (“Subject Property”). (Complaint at ¶¶ 13, 15.) Plaintiff Gardyn loaned money to Defendants to purchase and/or refinance the Subject Property. (Id. at ¶ 14.) On December 10, ...

Excerpt: ...Real Estate Services (collectively, “A meriland”), Jose Adame (“Adame”), Silvia Ibarra (“Ibarra”), Benjamin Calderon, Domingo Armendariz, and Does 1 through 125 (collectively, “Defendants”). Petra is the mother of decedent Michael Daniel Zuniga -Macias (“Decedent”). (FAC, ¶ 21.) Jeremiah is Deced e n t 's brother. (Id. at ¶ 22.) Augustina owns the property at 490 Las Animas Ave., Gilroy (“490 Property”). (FAC, ¶ 6.) Reb...

Excerpt: ...ording to the first amended complaint (“FAC”), on November 15, 2012, defendant Leal filed a complaint on behalf of his client, Anthony Tran (“Tran”), and against LaForge for breach of contract, fraud, conversion, and other claims arising out of the LED light business that LaForge developed. (FAC at ¶ 7.) The action was filed in Santa Clara County Superior Court as Anthony Tran v. Andre La Forge, et al. (case no. 112CV236232) (“Under...

Excerpt: ...nly over custody of the ir child, E.V., but also over E.V.'s gender identity. E.V. is currently four years old.1 According to the first amended complaint (“FAC”), E.V. attended SJDN's daycare for at least a year, during which time Defendants allegedly sided with Jorgensen and ag ainst Vieyra in affirming a male gender identity upon E.V., contrary to Vieyra's express wishes and instructions. (FAC, ¶ 8.) On October 4, 2022, Vieyra sent an ema...

Excerpt: ...he terms of a binding and enforceable arbitration agreement that plaintiff Hugo Bravo Aragon (“Plaintiff”) executed on or about November 9, 2021, is GRANTED. Defendant's motion for an order dismissing this action is DENIED. Defendant's motion for alternatively staying this action pending [completion of the] arbitration of Plaintiff's claim is GRANTED. Federal and State Law Strongly Favor Enforcement of Arbitration Agreements Federal and Calif...

Excerpt: ... State Univers ity (“Defendant”) in 2014. (See complaint, ¶ 20.) Thereafter, Defendant discriminated against employees based on age and gender, harassed employees based on age and gender, fraudulently concealed wage and hour violations, misclassified workers, and faile d and refused to pay overtime wages. (See complaint, ¶ 21.) In January 2019, Plaintiff began experiencing serious, severe and pervasive harassment and discrimination based o...

Excerpt: ...t, p. 5.) While she was walking, she was struck from behind by defendants Raul Arias and Jose Mendoza who were travelling at high speeds on their bicycles. (Ibid.) Plaintiff filed her complaint on March 24, 2021 asserting (1) general negligence against Arias and Mendoza and (2) premises liability against the City. On January 20, 2023, City filed the instant motion, which Plaintiff opposes. II. Judicial Notice City requests judicial notice of th...

Excerpt: ... This matter was orig inally set for trial on April 2, 2024, but that date was continued to July 1, 2024 at the request of the parties. The court “barely” found good cause to continue that trial date but ultimately did so, given the ongoing, last -minute discovery disputes betw een the parties. (See March 7, 2024 Order at p. 6.) Those discovery disputes are now the subject of the present motions before the court. Doe 6 moves to compel answers...

Excerpt: ... Promise, and Co ncealment. In the complaint, Defendant Tashjian (hereinafter “Defendant”) is accused of conducting a fraudulent real estate transaction in which Plaintiffs were induced to pay and release a total of $1,744,000.00 to Defendant Tashjian with no secured inte rest. The property was later lost to foreclosure before construction and sale could be completed. Plaintiffs filed a First Amended Complaint on January 1, 2024, against the...

Excerpt: ...was crossing M errill Avenue with an assistive device. (FAC, p. 6.) Instead of stopping to check on her or calling emergency services, Mai fled the scene. (Ibid.) Emergency services were only contacted when another driver came upon Ly's body and she was pronounced dea d at 6:05 a.m. (Ibid.) After fleeing the scene of the incident, Mai filed a false report claiming that the damage to her vehicle was caused by a shopping cart. (Ibid.) Plaintiffs...

Excerpt: ...an Jos 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 13 May 2024. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo --- Orders on: (1) Defend ant Yevgeniy Babichev's Special Motion To Strike Claims In Plaintiff Kateryna Pomogaibo's Causes Of Action For Harassment And Intentional Infliction Of Emotional Distress In The First ...

Excerpt: ...��SAC,”) Plaintiff has been the owner of real property located at 2664 Senter Road, Unit No. 116, San Jose, California (“the Property”) since 1990. (SAC, ¶ 1.) FCMC is a collection agency and the “servicer of the beneficiary,” Wilmington Savings Fund, FSB (“Wilmington”). (SAC, ¶ 3.) Wilmingt on functions solely as a “Certificate of Trustee” of Bosco Credit VI Trust Series 2011 -1. (Ibid.) The SAC alleges Plaintiff signed a p...

Excerpt: ...o design, build, and install kitchen and bathroom cabinets. Emil Eshagh was/is involved in the operation of The Perfect Finish. Subsequently, Plaintiffs filed suit against Eshagh and The Perfect Finish, DBA All Perfect Finish, for breach of contract, among other cl aims. On January 14, 2022, Plaintiffs obtained a default judgement against Eshagh and The Perfect Finish Inc. in the amount of $50,733.28. (FAC ¶¶ 8 -10.) On May 1, 2023, during a d...

Excerpt: ... San J 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 01 May 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Orders On: (1) General Motors LLC's Demurrer To Plaintiffs' Second Amended Complaint; and (2) General Motors LLC's Motion To Strike Punitive Damages From Plaintiffs' Second Amended Complaint. I. Statement ...

Excerpt: ..., 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 01 May 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Order On The Chia la Defendants' Motion For Summary Judgment. I. Background. A. Plaintiff's First Amended Complaint. Defendants George Chiala Farms, Inc. (“GCF”) and Chiala Family Property Management, ...

Excerpt: ...in the property to Tam. (See complaint, ¶¶ 8 -9.) On January 13, 2017, Tam caused a grant deed (“Grant Deed 1”) to be recorded in the Santa Clara County Recorder's Office that purported to state that Plaintiff had granted and delivered to Tam a share of Plaintiff's property for no consideration in joint tenancy with Tam. (See complaint, ¶ 5.) However, Plaintiff never agreed to give Tam a share of the property. (Id.) On August 17, 2017, def...

Excerpt: ...y party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 01 May 2024. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo --- Order on Motion of Defendant Sam baNova Systems, Inc. To Compel Arbitration and Stay Proceedings. I. Statement of Facts. Plaintiff filed this complaint on 19 December 2023.1 The complaint alleges cause of action for (1...

Excerpt: ...al interrogatories; and (3) a motion to deem the truth of matters and the genuineness of documents specified in requests for admissions. In addition, Jabil has requested monetary sanctions in the amount of $30,825. Human Bees opposes the motions and requests $10,000 in sanc tions against Jabil. For the reasons that follow, the court GRANTS in part and DENIES in part the motion regarding documents; the court DENIES the motions regarding the inter...

Excerpt: ...motion to compel further responses to interrogatories, and (3) a motion to compel further responses to requests for admissions. In addition, the City moves for monetary sanctions against defendants and their former attorney, Ana Vásquez, who withdrew from representation on Novemb er 21, 2023. Because Hitesh and Golden State are companies who are no longer represented by Vásquez or any other counsel, they are unable to appear, and they have not ...

Excerpt: ...an unauthorized surreply (l abeled a “reply”) dated May 2, 2024 —Huang requests that the award be vacated, even though he has not filed a separate petition or notice of motion to vacate the award.3 Accordingly, the only petition properly before the court is one to confirm the award. But because the parties have combined all of their arguments in favor of confirming or vacating the award into five different briefs for this hearing —and...

Excerpt: ...vices, Inc. (“Def endant”) on July 21, 2022. The complaint alleged a single cause of action under the Private Attorneys General Act of 2004 (“PAGA”). Several months later, on November 17, 2022, Plaintiff filed a first amended complaint adding several class claims. Defendan t removed the action to federal court on December 16, 2022. On September 14, 2023, Plaintiff filed the operative second amended complaint (“SAC”), which alleges ...

Excerpt: ...) (“First Action”); and (2) Kenneth Nguyen v. Port Plastics, Inc. (Santa Clara County Superior Court, Case No. 22CV394403) (“Second Action”). The Representative Action Complaint filed in the First Action on February 15, 2022, set forth a single cause of action for Civil Penalties Pursuant to Labor Code §§ 2699, et seq. (“PAGA”) based on underlying wage and hour violations. The Class Action Complaint filed in the Second Action on F...

Excerpt: ...uses of action f or: (1) Violation of Labor Code §§ 510, 558, and 1194; (2) Violation of Labor Code §§ 226.7 and 512; (3) Violation of Labor Code § 2802; (4) Violation of Labor Code § 226; (5) Violation of Business and Professions Code §§ 17200, et seq.; and (6) Violation of Labor Code §§ 2698, et seq. (“PAGA”). The parties reached a settlement. Plaintiff Marie Rebelo Showalter (“Plaintiff”) moved for preliminary approval of the...

Excerpt: ...n for: (1) Fail ure to Pay Minimum Wages [Cal. Lab. Code §§ 204, 1194, 1194.2, and 1197]; (2) Failure to Pay Overtime Compensation [Cal. Lab. Code §§ 1194 and 1198]; (3) Failure to Provide Meal Periods [Cal. Lab. Code §§ 226.7, 512]; (4) Failure to Authorize and Permit Re st Breaks [Cal. Lab. Code § 226.7]; (5) Failure to Indemnify Necessary Business Expenses [Cal. Lab. Code § 2802]; (6) Failure to Timely Pay Final Wages at Termination [C...

Excerpt: ...s General Act of 2004 (Labor Code §§ 2698, et seq.) (“PAGA”). On June 7, 2023, the court entered a Stipulation to Permit Filing of Consolidated Complaint; Order (“Stipulation”), which granted Plaintiff leave to file a consolidated complaint. The Stipulation states that Plainti ff filed a putative wage and hour class action, Sima Adami v. Prime Now LLC (Santa Clara County Superior Court, Case No. 21CV379287), in addition to her PAGA re...