Excerpt: ...sureds (the “Insureds”) for coverage against cyber‐ related insurance risks. (AC, ¶ 2.) Defendant is a technology and software company that provides software for secure electronic file sharing and services to customers. (Id., ¶ 5.) As relevant here, Defendant developed and sold licenses for a software called File Transfer Appliance (“FTA”), which it marketed as a secure method of transferring files. (Id., ¶ 7.) The software operated ...

Excerpt: ...nd to Interrogatories “If a party to whom interrogatories are directed fails to serve a timely response . . . The party who fails to serve a timely response waives any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protection for work product . . . [and] . . . The party propounding the interrogatories may move for an order compe...

Excerpt: ...mplaint”), on July 12, 2012, a written promissory note was executed between Ajlouny and Eliovits reflecting a loan in the amount of $101,000. This loan was assigned by Ajlouny to plaintiff 2048 Partners, LLC (“2048 Partners”) on December 15, 2015. 2048 Partners filed the Complaint against Eliovits on December 20, 2019. 2. SACC According to the allegations of the SACC, on June 1, 2006, Eliovits entered into a written promissory note with Ajl...

Excerpt: ...intiff S3G Technology LLC (“S3G” or “Plaintiff”) is a company that provides custom mobile solutions to improve operational efficiencies and reduce costs, including in semi‐urban, rural and remote areas. (SAC, ¶ 1.) In 2007 S3G's principal and founder, Dr. Sandeep Chatterjee (“Dr. Chatterjee”), co‐founded defendant SourceTrace Systems, Inc. (“SourceTrace”) and served as its CTO through August 2021. (Id., ¶ 6.) As CTO, Dr. Cha...

Excerpt: ...“Complaint”), MDisrupt is a digital platform that connects physicians and scientists with companies in the healthcare space that need their expertise as medical advisors and medical officers to help them get their products to market quickly and responsibly. (Complaint, ¶ 11.) Recruiting and connecting physicians and scientists to platform is an integral part of MDisrupt. (Complaint, ¶ 12.) Its entire existence relies on the quality of its e...

Excerpt: ... on 5/20/22 and originally set for hearing in Department 20 on 6/16/22. Plaintiff did not file opposition to this motion but sought a continuance. The request to continue was denied, but Plaintiff also challenged the judge in Department 20 pursuant to CCP §998. Plaintiff's challenge was conditionally accepted and the matter was reassigned to Department 7. This motion was continued for hearing to 9/8/22 in Department 7. At a Case management in De...

Excerpt: ...challenge to more than 23,000 documents Defendant produced subject to the CO as AEO, contending that they should instead be designated “Confidential.” The motion is opposed by Plaintiff who contends that Defendant is over designating documents as AEO to prevent Shawn Sahbari, Plaintiff's CEO, from viewing the documents and participating in the prosecution of the action. DISCUSSION A. Legal Standard The California Uniform Trade Secrets Act (th...

Excerpt: ...es that motion made pursuant to CCP § 2030.290 which is the applicable code section where a party has failed to respond to interrogatories. The notice of motion also states that it also made pursuant to CCP § 2031.310, which is the appropriate code section where a party has responded to a request for production and a further request is made. Based on the moving papers it is clear that the motion is made pursuant to CCP §§ 2030.290 and 2031.30...

Excerpt: ...mar's individual claim. The motion is based on the November 2013 Arbitration Agreement (Arbitration Agreement) Kumar entered into with Jade Global and the recent holding in Viking River Cruises, Inc. v. Moriana. The motion is opposed by Kumar. DISCUSSION A. Legal Standard Agreements to Arbitrate California has a strong public policy in favor of arbitration. Any doubts regarding the arbitrability of a dispute are resolved in favor of arbitration.�...

Excerpt: ...0 et seq. (the “UCL”). Both Plaintiffs are in the business of semi‐conductor/miscellaneous electronic equipment and parts, refurbishment and repair. (SAC, ¶¶ 1‐2.) New Tec possesses one of the largest inventories of legacy electronic equipment parts, acquired over years with permission from sought after Original Equipment Manufacturers of semiconductor/miscellaneous equipment and parts. (Id., ¶ 16.) Rowenn has invested time and money i...

Excerpt: ...iff is an individual with physical disabilities. (Complaint, ¶ 1.) He is substantially limited in his ability to walk as he suffers from a C‐4 spinal cord injury. (Ibid.) He is a quadriplegic and uses a wheelchair for mobility. (Ibid.) Due to his disability, Plaintiff is unable to, or seriously challenged in his ability to stand, move, reach objects mounted at heights above his shoulders, transfer from his chair to other equipment, and maneuve...

Excerpt: ..., Patrick died. On 3/22/22, Fabian moved to be appointed in Patrick's place as his Successor in Interest. Fabian alleges that Patrick died as a result of injuries he sustained in the motorcycle accident. Fabian contends that due to injuries sustained in the motorcycle accident, Patrick was disabled. It is alleged that Patrick's claimed disability caused him to fall while he was performing tree work. Fabian seeks to amend the complaint to add a cl...

Excerpt: ... to the allegations of the SAC, Plaintiff is in the business of acquisition and sales in the capital equipment secondary market. (SAC, ¶ 13.) On November 16, 2016, Plaintiff and Defendants entered into an agreement (the “Agreement”) pursuant to which the latter agreed to pay the former for services rendered (the “Service Payments”). (Id., ¶ 14.) Service Payments were to be based on “Adjusted Gross Margin” (“AGM”) as defined in t...

Excerpt: ...ing function of our justice system. As stated by the Court in Steiny & Co. v. California Electric Supply Co. (2000) 79 Ca1.App.4th 285, 291: “In general, our civil justice system seeks truth by allowing the parties to lay all relevant evidence before the judge or jury. Thus, a party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action” CCP § 2030.210 provides in pert...

Excerpt: ...to Request for Production No. 25; and for an award of monetary sanctions against Defendant. No opposition has been filed. DISCUSSION C. Legal Standard Self‐Represented Litigants An unrepresented party “is to be treated like any other party and is entitled to the same, but no greater consideration than other litigants and attorneys. Thus, as is the case with attorneys, pro per litigants must follow correct rules of procedure.” (Nwosu v. Uba ...

Excerpt: ...t by Decedent's surviving spouse, Gang, and her son, Justin. According to the allegations of the complaint (“Complaint”), on June 19, 2017, Decedent presented herself as a patient of Defendants for the evaluation and treatment of a fever. (Complaint, ¶ 7.) Defendants, collectively and individually, were careless and negligent in and about their evaluation, treatment, nursing care, observation, examination, monitoring, and diagnosis of Decede...

Excerpt: ... “Plaintiffs”). I. Background A. Factual This is an action for breach of contract, among other things, arising out of a commercial landlord‐tenant relationship. According to the allegations of the operative Complaint, on October 20, 1988, Plaintiffs entered into a lease (the “Original Lease”) for the real properly located at 1272 S. Bascom Avenue (the “Premises”) with Geno I. Castello and Victoria M. Castello, predecessors in intere...

Excerpt: ...ornia and California Department of Consumer Affairs. (The Medical Board). DISCUSSION A. Legal Standard C.C.P. Section 1987.1 provides that the Court "may make any order ... directing compliance with" a subpoena for the production of documents upon a party's motion; C.C.P. Section 2025.480 provides that that "[i]f a deponent fails to answer any question or to produce any document, electronically stored information, or tangible thing under the depo...

Excerpt: ... asserted solely against them. The Proposed TACC also adds Peter and Paul as cross defendants to the existing cause of action for unfair business practices. The instant proposed TACC was the subject of a motion for leave to amend that was heard and denied without prejudice on June 30, 2022 (the June motion). The June motion was heard by Judge Mary Arand who was sitting in Department 7 while Judge Rudy was away from Court. In ruling on that reques...

Excerpt: .... The instant motion arises out of claim being made by Plaintiffs that they were defrauded by the Wus in connection with Plaintiffs' investment in Sunrise Plaza. During the course of discovery Plaintiffs obtained evidence that First Commercial purportedly holds the bank accounts for United, Sunrise Plaza's general partner and that United was supposed to (but did not) use its own funds to make payments directly to Sunrise Plaza. Instead, United ro...

Excerpt: ...or “Cytobank”) resolved a legal action (the “Legal Action”) brought by Ward which resulted in Cytobank and Ward executing a Confidential Settlement Agreement (the “Settlement Agreement”) that provided for, among other things, the distribution of settlement funds (“Settlement Funds”) to Ward and defendant McClure Law Firm (“MLF”), who represented Ward in the action. (Complaint, ¶ 1.) CLF previously represented Ward in the Lega...

Excerpt: ...ect property is located at 760 Emily Drive, Mountain View California 94043 (the “Property”). (SAC, ¶ 2.) Frederick, Michael, Tracy, and Gail are all siblings (collectively, the “Hart Siblings”) and the children of Ruth M. Hart (“Ruth”). (SAC, ¶ 9.) Ruth died in February 2002. (SAC, ¶ 10.) From approximately 1989 through her passing, Frederick lived with Ruth at the Property and took care of her by assisting her with daily living ac...

Excerpt: ...lara for a period of 36 months. (Complaint, ¶ 9.) Nearly three years later, on February 13, 2017, the parties entered into a First Amendment to Lease which, among other things, extended the term of the aforementioned lease through February 28, 2019, and increased the base monthly rent. (Id., ¶ 10.) The lease, a Lease Rider and First Amendment to Lease are collectively referred to as “Lease 1.” (Id. and Exhibit 1.) Lease 1 required also requ...

Excerpt: ... various amenities, concluded her visit with a 90‐minute massage. Plaintiff was not familiar with her assigned masseuse, but gave him explicit direction that she had had surgery on her left hand in July 2019 and that he was not to touch or manipulate her left hand, wrist or forearm during the massage. The masseuse then asked her to repeat the information on where she had the surgery and when, and appeared to understand her direction. Near the e...

Excerpt: ...et One, Special Interrogatories Set One, Request for Production of Documents Set One, and Request for Admissions. On March 24, 2022, Defendant was given an extension to respond by April 8, 2022. Defendant did not provide timely responses. On April 14, 2022 Defendant responded to the discovery at issue but asserted various objections. Plaintiff has also filed a motion to compel Defendant to Produce Documents that Defendant has identified in its la...

Excerpt: ...eek PMQ testimony. Plaintiff also seeks an order that a subsequent PMQ notice shall only issue upon agreement of the parties or approval by the Court upon a showing of good cause as to why the proposed topics were not addressed in the initial PMQ notice. The motions are opposed by Defendant. DISCUSSION A. Legal Standard When discovery has been propounded, the party to whom it is directed may promptly move for a protective order. (Code Civ. Proc. ...

Excerpt: ...Opposition to Motion “Unless otherwise ordered or specifically provided by law, all moving and supporting papers must be served and filed in accordance with Cal. Civ. Proc. Code § 1005.” (California Rules of Court, rule 3.1300(a).) The court has the discretion to refuse to consider a late‐filed paper. (California Rules of Court, rule 3.1300(d).) Where a party has filed a late opposition, the Court may strike and not consider the opposition...

Excerpt: ... of the underlying complaint, a credit card was issued to Gonzalez by Synchrony Bank FKA GE Capital Retail Bank. (Complaint, ¶ 6.) Gonzalez used the credit card to make purchases and accrued a balance on the card. (Id.) She ultimately defaulted on the required payments, leaving an unpaid balance of $2,240.89. (Id., ¶ 8.) CCS was subsequently assigned and transferred all right, title and interest in the credit account. (Id., ¶ 6.) Gonzalez alle...

Excerpt: ... claims $9,569.20 in costs. Plaintiff also requests $3,500 in additional fees for the anticipated time involved in reviewing any opposition to the motion and drafting a reply. The motion is opposed by Defendant VOLVO CAR USA, LLC (Defendant). Defendant does not deny that Plaintiff is entitled to an award of fees, but argues that Plaintiff's request is inflated, inadequately documented and includes time spent on legal work that does not entitle Pl...

Excerpt: ...y possesses relevant experience working for non‐profit companies and the healthcare industry, which specifically suited her for the role of Development Director of Community Relationships at Defendant. (Complaint, ¶ 18.) In mid‐February 2021, Plaintiff applied for the position. (Complaint, ¶ 20.) Following her successful interview with the Chief of Strategic Development, Johnny O'Brien (“O'Brien”), and the subsequent panel interview, sh...

Excerpt: ...” or “Paul”). IV. Background C. Factual This is an action arising out of a dispute over payment of a debt and ownership of real property located at 12329 Kosich Place in Saratoga (the “Property”). Empire has superior title by reason of grant deed for the Property. 1. Second Amended Complaint According to the allegations of the operative Second Amended Complaint (“SAC”), Plaintiffs, as trustee of the Living Trust, entered into an agr...

Excerpt: ...achs (“Sachs”) to do some plumbing in Kondori's condominium. (Complaint, ¶ 11.) Sachs' work was allegedly defective and caused various damages to Kondori, who filed suit regarding the matter on January 29, 2016. (Complaint, ¶ 12.) One of the defendants in the action was Apex. (Ibid.) In doing the work on Kondori's condominium, Sachs falsely claimed to be doing business as Apex. (Complaint, ¶ 13.) Apex was owned and operated by Wolfgang Hoc...

Excerpt: ...ternet. (Complaint, ¶ 4.) Defendant maintains its website (the “Website”) in such a way that it contains numerous barriers preventing Plaintiff, and other blind and visually‐impaired individuals from gaining equal access to the Website. (Ibid.) Plaintiff alleges that Defendant's denial of full and equal access to its Website, and therefore its products and services offered thereby, are a violation of Plaintiff's rights under the Unruh Act....

Excerpt: ...lso demurs to the first and second causes of action in the SAC. I. Background A. Factual This is an action for trespass and nuisance, among other things. According to the allegations in the SAC, Plaintiffs purchased real property at 20500 Town Center Ln # 289, Cupertino, CA 95014 (the “Residence”). (SAC, ¶ 1.) Plaintiffs continue to live at the Residence. (Ibid.) From August 2016 until approximately December 2018, defendant Arirang operated ...

Excerpt: ...ned Defendant $500,000 to be repaid in full with 5% interest on May 1, 2020. Plaintiff funded the loan in two payments of $250,000 on February 27, 2020 and February 28, 2020. On March 10, 2020, Plaintiff and Defendant executed an amended agreement whereby the total loan amount was revised to $750,000. The interest set at 8% and the loan maturity date was extended to May 5, 2020. The amended loan was funded with an additional $250,000 on that same...

Excerpt: ...is action arises out of the vaccination policy (the “Policy”) enacted by SCU requiring its students (absent medical exemptions) to be fully vaccinated against COVID‐19. Plaintiffs allege that the Policy is unlawful and unconstitutional and amounts to SCU, a quasigovernmental actor, coercing them into engaging in experimental medical interventions based on “politicized, fraudulent science” that can and have caused significant harm to inj...

Excerpt: ...ony”),1 to whom Intervenor was formerly married, initiated the instant action seeking to quiet title to the property located at 3503 Pleasant Echo Drive in San Jose (the “Property”). (Complaint, ¶ 1.) Anthony also asserted claims for breach of contract and fraud. (Id.) The Property is titled under defendant Karine Nguyen's (“Karine”) name. (Complaint, ¶ 5, Exhibit A.) On November 17, 2001, Tung was the sole owner of the Property. (Id....

Excerpt: ...loyed by XPT since mid to late 2016, Plaintiffs were forced by XPT to sign new employment contracts on June 1, 2018. (Complaint, ¶ 19.) The new contracts purported to change the nature of their employment from employee to independent contractors, however, only their compensation changed as the terms and conditions of their employment remained the same. (Ibid.) In August 2019, XPT's Chief Executive Officer (“CEO”) Jack Cheng (“Cheng”) rea...

Excerpt: ... 2017, HMI executed and delivered to Plaintiff a Revolving/Installment Note (the “Note”) and Security Agreement (collectively, the “Loan Documents”) pursuant to which HMI borrowed and promised to pay to Plaintiff the principal sum of $250,000, together with interest at a variable rate of Prime plus 1.75% per year, in monthly installments as stated in the Note. (Complaint, ¶ 6, Exhibits 1 and 2.) In order to induce Plaintiff to furnish th...

Excerpt: ...ff filed a motion to continue certain hearings. The notice of motion does not identify this motion or Demurrer. Because the present motion and Demurrer were not noticed to Plaintiff until 6/16/22, they could not relate to these proceedings. Although the Court has denied Plaintiff's motion to continue in a separate ruling, even if it had been granted, the Court finds that Plaintiff's motion to continue was not directed to this motion or Demurrer. ...

Excerpt: ... damages. DISCUSSION A. Legal Standard The party to whom a request for production of documents has been directed can make one of three responses: (1) a statement that the party will comply with the particular demand, (2) a representation that the party lacks the ability to comply, or (3) an objection. CCP §2031.210(a). When the party complies, the required responsive statement is clear: “[a] statement that the party to whom an inspection deman...

Excerpt: ...is opposed by Plaintiff. This discovery dispute arises out of Plaintiff's action for breach of contract and nuisance against Defendant, its former tenant, and for damages it claims to have suffered as a result. Defendant's discovery is directed at obtaining the facts and documents related to Plaintiff's damages allegations. DISCUSSION A. Legal Standard (a) Any party may obtain discovery within the scope delimited by Chapters 2 (commencing with Se...

Excerpt: ... 2012 as a materials and equipment manager at MSI's facility in Milpitas, which employed more than 100 individuals. (FAC, ¶ 4.) On May 28, 2014, Plaintiff underwent surgery on his foot and was advised by his physician not to work for two weeks. (Id., ¶ 5.) He was further advised that that he may be restricted to desk work for a period of time. (Id.) Well in advance of the procedure, Plaintiff informed his supervisors of his condition, the treat...

Excerpt: ...mplaint (“FAC”) in 2019, Jain and Luong were expecting their first child. (FAC, ¶ 1.) Jain was a PhD student at Stanford University and she received her healthcare from Stanford Health Care and its affiliated MMC. (FAC, ¶ 14.) She went to MMC for routine pregnancy checkups. (FAC, ¶ 15.) Her obstetrics and gynecology physician was Dr. Rothstein. (Ibid.) Dr. Rothstein never conducted a full body physical of Jain in order to find any abnormal...

Excerpt: ... designs and develops advanced digital imaging technologies and products for use in a variety of electronic devices. (Complaint, ¶ 2.) Plaintiff is a design engineer with a master's degree in computer engineering and a bachelor's degree in electronic engineering with 20 plus years of experience in ASIC design, digital design and verification. (Id., ¶ 5.) Plaintiff was employed by Defendant as a Senior Design Engineer from 2006 until October 201...

Excerpt: ...o oppose a motion may be deemed a consent to the granting of the motion. CRC Rule 8.54c. B. Legal Standard for Demurrer As relevant to the instant case, “[t]he party against whom a complaint or crosscomplaint has been filed may object, by demurrer or answer as provided in [s]ection 430.30, to the pleading on any one or more of the following grounds: . . . (e) The pleading does not state facts sufficient to constitute a cause of action.” (§ 4...

Excerpt: ...ing to the allegations of the Complaint, from January 2020 to April 2020, Ali applied for six jobs at Apple. (Complaint, ¶ 19.) He has 22 years of IT work experience in the US, technical skills, professional training, and certifications. (Ibid.) However, Apple management did not offer Ali a fair and just opportunity for an interview. (Ibid.) Apple hiring management retaliated against him because of his two prior civil lawsuits against Apple. (Ib...

Excerpt: ...essed, used, and disclosed her private financial, business, and personal information stored on electronic devices owned by Defendant's then‐husband that had been entrusted to him for safekeeping in connection with consulting work he performed for Plaintiff. Defendant is conducting discovery in an effort to ascertain the nature and extent of Plaintiff's damages claim. DISCUSSION A. Legal Standard The party to whom a request for production of doc...

Excerpt: ... allegations of the operative First Amended Complaint (“FAC”), Plaintiff purchased the Property in 1987 and placed her daughter Maria Hart (“Hart”), as an unmarried woman, and her then‐boyfriend, John Encinas, Jr. (“Encinas”), as an unmarried man, on title as joint tenants with her. (FAC, ¶ 9.) From the beginning, right after the purchase, Plaintiff made all of the mortgage payments and paid for the taxes, insurance, repairs and ma...

Excerpt: ...fendant. (Complaint, ¶ 9.) In connection with the purchase, Plaintiffs received various warranties, 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 the transmission, as well as various emissions warranties that exceed the time and mileage limitations of the bumper to bumper and powertrain warranties. (Complaint, ¶ 11.) During the warranty period, the ...