Excerpt: ...Adams, is the sole Trustee of the Albert S. Adams, Jr. and Betty M. Adams Family Trust, dated October 6, 1989 (the “Adams Trust” or the “Trust”). (Complaint, ¶ 6.) The settlors of the trust, Bart's parents Albert S. Adams, Jr. (“Albert”) and Betty M. Adams (“Betty”), are both deceased, and Plaintiff has been the sole acting trustee of the Trust since Albert's death in May 2015.2 (Id.) The Property was purchased and paid for by th...

Excerpt: ...orney's fees provision. Plaintiff's Complaint was ultimately dismissed after Defendant's demurrer to Plaintiff's First Amended Complaint, was sustained without leave to amend. The Court entered a Judgment of Dismissal (“Judgment”) in favor of Defendant on July 7, 2021. Defendant's Motion was filed 9/7/21. Amended notice of Motion was served 11/4/21. No opposition was filed. DISCUSSION A. Legal Standard Defendant asks the Court to take Judicia...

Excerpt: ... a (2) neurological examination without leave of court. Plaintiff also agreed to submit to a neuropsychological exam, if NCAA agreed to sign a stipulation that set the parameters of the examination. The parties entered into a stipulation that, among other things, provided that Plaintiff would submit to neuropsychological testing with Tony L. Strickland, Ph.D. The stipulation provided that the exam would be recorded. The stipulation also provided ...

Excerpt: ...ded to Defendant's insured. According to the allegations of the First Amended Complaint (“FAC”), Plaintiff is a medical services provider. (FAC, ¶ 6.) Boston Scientific administers health insurance plans. (Id.) Plaintiff is an “out‐ of‐network provider” or “non‐participating provider” who had no preferred provider contracts or other such standing, written contract with Defendant setting its rates of pay for services rendered, p...

Excerpt: ... ¶ 3.) From January 19, 2016 to March 18, 2016, the County provided Jiang with in‐patient and out‐patient treatment at the Santa Clara Valley Medical Center (“SCVMC”) consisting of trauma‐level, life‐saving treatment, CT scans and imaging, intensive care, and other services for the injuries sustained in the automobile collision. (Id. at ¶ 4.) The cost of the treatment totaled $158,056.15. (Ibid.) Jiang signed a contract with SCVMC i...

Excerpt: ...the County provided Jiang with in‐patient and out‐patient treatment at the Santa Clara Valley Medical Center (“SCVMC”) consisting of trauma‐ level, life‐saving treatment, CT scans and imaging, intensive care, and other services for the injuries sustained in the automobile collision. (Id. at ¶ 4.) The cost of the treatment totaled $158,056.15. (Ibid.) Jiang signed a contract with SCVMC in which she agreed to pay for the services provi...

Excerpt: ...hat the motions are all moot because Defendant has now provided verified responses. Plaintiff objects to Defendant's use of a single combined opposition as procedurally improper. Substantively, Plaintiff disputes that Defendant has provided code complainant responses to the disputed discovery and all of the documents that have been requested. Plaintiff appears willing to accept some of Defendant's responses, but asks the Court to rule on the foll...

Excerpt: ... for unfair debt practices relating to the collection of that debt. According to the allegations 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...

Excerpt: ...rict's (“Granada”) motion for summary judgment as to the City's Complaint and its own cross‐complaint (“Cross‐Complaint”). Granada joins in Montara's motion and Montara joins in Granada's. I. Background A. Factual 1. Complaint This action arises out of a dispute between various municipalities over their financial obligations concerning sewer infrastructure for the San Mateo Coast. According to the allegations of the operative Complain...

Excerpt: ...ly, the parties apparently cannot even agree on what has been resolved. According to Plaintiffs' statement of issues, 28 document requests are still in dispute. According to Ford's statement of issues, 20 document requests are in dispute. It appears to the Court that, regardless of the number of disputed issues, the disputed requests share common themes. The Court will therefore issue orders to address what is sees as the common themes as opposed...

Excerpt: ....) The purchase included express written warranties, specifically a four‐year/50,000 mile bumper‐to‐bumper warranty, and a four‐year/50,000 mile power train warranty. (Id., ¶ 9.) During the warranty period, the Vehicle contained or developed numerous defects. (Id., ¶ 10.) Defendants have been unable to service or repair the car to conform to the warranties, and have failed to comply with their statutory obligation to replace the Vehicle...

Excerpt: ...he Court is the Motion of Plaintiff to Strike or Tax Costs claimed by Ganion, CSCG, Joyce Lee, Taylor Beck and Tina Longo. (Collectively “Defendants”) Plaintiff's motion is opposed by all Defendants. DISCUSSION Plaintiff's arguments in opposition to the Ganion and CSCG motions and Plaintiff's argument in support of her motion to Tax costs share a common legal and factual basis. For that reason, the Court believes it is useful to consider the ...

Excerpt: ...e Deposition by Defendants Everspring Construction Inc., Patrick Tsao, Montecito Realty Group LP and Suretec Indemnity Company. The Motion is opposed by Plaintiff and Cross Defendant RAM Concrete Construction, Inc. (RAM). DISCUSSION A. Legal Standard Any party may discover any relevant, non‐privileged matter that might reasonably lead to other admissible evidence. The relevance to the subject matter' and ‘reasonably calculated to lead to disc...

Excerpt: ... California Rosenthal Fair Debt Collection Practices Act (Civ. Code, §§ 1788‐1788.33) (the “RFDCPA”). According to the allegations of the operative Complaint, on October 9, 2015, Plaintiff is alleged to have incurred a financial obligation in the form of a consumer credit account issued by One Main Financial, Inc. (“One Main Financial”) which qualifies as a “consumer debt” within the meaning of the RFDCPA. (Complaint, ¶ 13.) Plai...

Excerpt: ...nses: (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 demand has been directed will comply with the particular demand shall state that the production, inspection, and related activity demanded will b...

Excerpt: ...nfer post filing. Nevertheless, the following discovery disputes remain unresolved: Form Interrogatories (Set One), No. 4.1, Special Interrogatories (Set One), Nos. 11—13 and 15‐17, and Request for Production of Documents and Electronically Stored Information Set One), Nos. 1, 20, 23‐24, 26, 31, and 33 DISCUSSION I. Applicable Law Motions to Compel CCP § 2030.210 provides in pertinent part that: (a) The party to whom interrogatories have b...

Excerpt: ....) The purchase included express written warranties, specifically a four‐year/50,000 mile bumper‐to‐bumper warranty, and a four‐year/50,000 mile power train warranty. (Id., ¶ 9.) During the warranty period, the Vehicle contained or developed numerous defects. (Id., ¶ 10.) Defendants have been unable to service or repair the car to conform to the warranties, and have failed to comply with their statutory obligation to replace the Vehicle...

Excerpt: ...ely, “Cross‐Complainants”). I. Background A. Factual 1. Complaint This is an action for breach of contract. According to the allegations of the complaint (“Complaint”), PAPO is the owner of CTC, a real estate development project located in Palo Alto which includes the premises located at 2108 El Camino Real, Palo Alto (the “Property”). On November 20, 2013, CTC, as landlord, and J&A Family Markets, Inc. (“J&A”), as tenant, enter...

Excerpt: ...n Jose, California 95126 (“the Premises”) to Tran and Lam to use as a “shop or restaurant for the sale and consumption of coffee, pastries, and deli sandwiches, and for uses normally incident to that purpose.” (Ibid.) A key part of Tran and Lam's operation included roasting coffee beans on site to produce freshly made quality coffeebased drinks and to sell coffee beans as well. (Cross‐Complaint, ¶ 6.) Tran and Lam were sued for failing...

Excerpt: ...ial electronic data belonging to them. The electronic data at issue was stored on a password‐protected server and electronic devices in the control of Defendant's former spouse Julian Ting. DISCUSSION I. Applicable Law Under Code of Civil Procedure section 2031.310, subdivision (a), a party may move for an order compelling a further response to a document demand on the ground that (1) an objection is without merit or too general, (2) a statemen...

Excerpt: ...omeowner Bill of Rights (the “HBOR”), among other things. According to the allegations of the operative FAC, Plaintiffs are the owners of a property located at 670 E. Duane Ave in Sunnyvale (the “Property”). (FAC, ¶ 11.) On October 9, 2018, Plaintiffs took out a loan with Milestone in the amount of $975,000 secured by a deed of trust on the Property. (Id., ¶ 12.) During the initiation of the process to obtain the loan, Plaintiffs reques...

Excerpt: ...(TAC, ¶ 12.) In December 2012, Sahai and Bilugu created a shell entity called eGestalt Technologies, a Delaware corporation (“eGestalt‐Del”). (TAC, ¶ 13.) In March 2015, eGestalt‐Del was renamed Aegify, Inc., a Delaware corporation (“Aegify”). (TAC, ¶ 15.) eGestalt and Aegify share identical equitable ownership, share the same offices and employees, share identical officers and directors, and use one entity as a conduit for the aff...

Excerpt: ...t Plaintiff is refusing to move forward with arbitration. Plaintiff has presented no contrary evidence. Indeed, Plaintiff's conduct supports a finding that Defendant's reports are accurate. On 6/15/21 Plaintiff filed a motion to compel Defendant to respond to discovery. On 9/9/21 Plaintiff's motion was denied. The Court ruled that all matters, including discovery disputes, are subject to binding arbitration pursuant to the Court's 6/13/19 order. ...

Excerpt: ...st for Admission 12. Form Interrogatory 17.1 poses the following question: Is your response to each request for admission served with these interrogatories an unqualified admission? If not, for each response that is not an unqualified admission: (a) state the number of the request; (b) state all facts upon which you base your response; (c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of those facts; Defendan...

Excerpt: ...aylor Morrison of California, LLC (“TM”) for the purchase of Lot 104 at 73 Montecito Vista Drive, Unit No. 1 in San Jose (the “Property”) for $669,745, and deposited $20,093.25 into escrow. (TAC, ¶ 23.) Pursuant to section 8(a) of the contract, the closing date for the transaction was required to occur when a certificate of occupancy was issued, as San Jose Municipal Code § 24.02.61(A) prohibited usage or occupancy of the Property prior...

Excerpt: ...laint (“SACC”) and the answer to the SACC (“Answer”). I. Background A. Factual 1. SAC This dispute involves the current composition of HTSB's Board of Directors (the “Board”). According to the allegations of the SAC, the Board is comprised of Birla, A. Patel, Agarwal, H. Patel, Sengupta and defendant Raj Bhanot (“Bhanot”), with Birla also serving as Chairman, A. Patel as secretary and H Patel as co‐treasurer with Bhanot. (SACC, ...

Excerpt: ...a single ruling on both motions. DISCUSSION Plaintiffs' have sued Defendant in what is captioned as a Breach of Contract action. However, Plaintiffs have alleged facts that seem to sound in negligence and also seek damages for what seem to be personal injuries. Plaintiffs are asking for contractual, general and punitive damages. Defendant has served discovery inquiring as to the nature and extent of Plaintiffs' claims and the facts and documents ...

Excerpt: ...alth dba Dominican Hospital (“Dignity”), Sutter Health (“Sutter”), Palo Alto Medical Foundation (“PAMF”), Physicians Medical Group of San Jose (“PMG”), Anesthesia Medical Group of Santa Cruz (“AMG”), John R. Saranto, M.D. (“Saranto”), and Lisa Ferguson, M.D. (“Ferguson”) (collectively, “Defendants”).3 (See SAC, ¶¶ 1, 10.1.) During the course of a December 25, 2016 appendectomy, Plaintiff was anesthetized and rend...

Excerpt: ...ruck from behind by a vehicle driven by defendant Raul Enrique Pena (“Pena”). Plaintiff alleges that the accident was the result of Pena's negligence. B. Procedural Based on the foregoing allegations, Plaintiff filed the Complaint against Pena on June 13, 2018 asserting claims for (1) motor vehicle and (2) general negligence. On August 19, 2020, an amendment to the Complaint was filed naming Deep Ocean as “Doe 1.” On July 7, 2016, Deep Oc...

Excerpt: ...tices relating to the collection of that debt. According to the allegations 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 ...

Excerpt: ...gs and actions subsequent to that. In 2009, Plaintiff's now exwife, Laura Beauchesne, initiated a marital dissolution action (the “Dissolution Action”) against him in Santa Clara County Superior Court, Case No 1‐09‐ FL‐ 151906. Plaintiff was initially represented in the proceeding by defendant Baugh until he took over his own representation as a pro se party. Plaintiff alleges, among other things, that Baugh was engaged in a conspiracy ...

Excerpt: ...f the 4AC, CalCoast purchased a workers compensation and employers liability insurance policy (the “Policy”) from Plaintiff, the surviving corporation from a merger of various insurance companies, including Tower Select Insurance Company (“Tower”), in October 2012. (4AC, ¶ 13, Exhibit A.) A subsequent audit performed by Plaintiff on the effective policy period for the Policy revealed that the premium basis estimate provided by Defendant ...

Excerpt: ...summons and complaint based on the ground that the complaint purportedly served on Defendants was the superseded initial complaint, which was of no legal effect as a pleading, and did not include a copy of the operative complaint, the First Amended Complaint (“FAC”). I. Background A. Factual According to the allegations of the Complaint, on September 12, 1996, New Cingular (then known as AT&T PCS Services Inc.) entered into a commercial lease...

Excerpt: ... poki bowl. (FAC, ¶ 21.) During their subsequent efforts towards starting a restaurant, Plaintiff and Nguyen were jointly represented by attorney Lloyd Schmidt (“Schmidt”), whose responsibilities included, but were not limited to, drafting documents relating to the business' creation. (Id, ¶¶ 22‐25.) Defendant Poki Bowl, Inc. (“Poki Bowl”) was incorporated on July 29, 2015, with Plaintiff as the incorporator. (Id., ¶ 26.) Prior to P...

Excerpt: ... misappropriation, among other things, by an employer against a former employee. According to the allegations of the complaint (“Complaint”), Black Sails is a virtual reality (“VR”) startup which possesses a variety of cutting‐edge VR technology, most of which was created by Wang and Zhao, as coinventor. (Complaint, ¶ 11.) Zhao began her employment with Black Sails in November 9, 2016 and ceased working there in June 2018, when all of ...

Excerpt: ...hings, arising out of a landlordtenant relationship. According to the allegations of the FAC, Lakha is the owner of Mercado Shopping Center (the “Premises”), a commercial shopping center located in Santa Clara. Lakha and defendant Mexicali Restaurant Group, Inc. (“Mexicali”), the alleged alter ego of defendant Kapoor, are successors in interest as landlord and tenant, respectively, to a Shopping Center Lease dated August 1, 1997, and its ...

Excerpt: ...l 2015 as Co‐President. (SAC, ¶ 20.) She was brought in to help CSC Group accomplish its' goal of making up to $1,000,000,000 in U.S venture capital investments. (Ibid.) Wu set up a $100,000,000 fund named CSC Upshot Ventures I, LP (“Upshot”) in which CSC Group was obligated to fund the full $100,000,000. (SAC, ¶ 22.) Wu was asked to serve as CSC Group's designee for Upshot making investment decisions on behalf of Upshot. In 2016, Wu led ...

Excerpt: ...ner Tom Cole (“Cole”) in February 2016. (SAC, ¶ 28) Hone had recently launched its Silicon Valley operation and was looking to further establish their presence for the purpose of investing in a high volume of strong technology companies, using venture capital funds that CSC Group had started with a stated goal of investing up to $1 billion in United States startups. (SAC, ¶ 26) Gandhi began negotiating the terms of her employment and made c...

Excerpt: ...oy, California 95020 (“the subject property”) for use as a business location. They took title as “Ricardo A. Morelos, a married man as his sole and separate property” and “Reynaldo R. Morelos, a married man as his sole and separate property”. Plaintiff and Cross‐Defendant Maria Morelos (“Plaintiff”) was married to Ricardo Morelos. On August 19, 2011, Ricardo Morelos passed away. After Ricardo's death, Plaintiff and Defendant ent...

Excerpt: ...thod was wrong. Before his surgery, Plaintiff was able to read the newspaper and write normally. Now he cannot do those things which has made him unable to live and work as he did before. B. Procedural Based on the foregoing allegations, Plaintiff initiated this action on April 29, 2021 with the filing of the Complaint which asserted negligence and medical malpractice. On June 4, 2021, Defendants filed this instant demurrer. Plaintiff did not fil...

Excerpt: ...e and (2) violation of Labor Code section 3706. On March 15, 2021, the Complaint was amended to add additional defendants. On July 27, 2021, Defendants filed the instant motion to dismiss. Plaintiff opposed the motion and Defendants filed a reply. X. Discussion A. Defendants' Request for Judicial Notice Defendants request judicial notice of (1) the docket, (2) Plaintiff's application for worker's compensation relief, and (3) Defendant Tung Tai's ...

Excerpt: ... or about May 2016, Plaintiff entered into a contract with AVSC, a non‐profit organization, to provide soccer training for Plaintiff's two children. Brough is the owner of AVSC. Brough and AVSC hired Daniel Neal (“Neal”) as a soccer coach. Neal engaged in a sexual relationship with Plaintiff's now ex‐wife. On information and belief, Plaintiff alleges that Neal engaged in sexual acts with Plaintiff's exwife at various AVSC events. Plaintif...

Excerpt: ...cle was purchased on May 31, 2018, and the purchase was governed by written “RETAIL INSTALLMENT SALE CONTRACT – SIMPLE FINANCE CHARGE” (with arbitration provision) (“RISC”). Plaintiff sued All Star and FMC alleging breach of warranty and other claims concerning the purchase and condition of the vehicle. The RISC contains an explicit arbitration provision. In signing the RISC, Plaintiff acknowledged that she read the contract, including ...

Excerpt: ... as Los Gatos Drug and Alcohol Recovery Center (“Recovery Center”). Plaintiff suffered from alcoholism and Dr. Tabrizi encouraged her to seek treatment at the Recovery Center. Berhane was the director of the Recovery Center. Plaintiff alleges that Dr. Tabrizi provided Berhane with information about Plaintiff and allowed Berhane to enter the examination room where Plaintiff awaited the results of a medical test. Berhane also encouraged Plainti...

Excerpt: ...ding to the allegations of the FAC, Defendants contracted with Integrity Waste, Inc. (“Integrity”) to receive janitorial services at seven properties: (1) Briarwood Apartments ‐ 180 Pasito Terrace, Sunnyvale, CA 94086, (2) Arbor Terrace ‐ 55 El Camino Real, Sunnyvale, CA 94087, (3) The Arches – 1235 Wildwood Ave, Sunnyvale, CA 94089, (4) Woodleaf – 325 Union Ave, Campbell, CA 95008, (5) Potrero 1010 Apartments – 1010 16th St., San F...

Excerpt: ...y denied. Having prevailed at trial, Defendants submitted their memorandum of costs. DISCUSSION I. Applicable Law “Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.” (Code Civ. Proc., § 1032, subd. (b).) Items explicitly allowed as costs are set forth in Code of Civil Procedure section 1033.5, subdivision (a). Items expressly disallowed as cost...

Excerpt: ...VSC, a non‐profit organization, to provide soccer training for Plaintiff's two children. Brough is the owner of AVSC. Brough and AVSC hired Neal as a soccer coach. Neal engaged in a sexual relationship with Plaintiff's now ex‐ wife. On information and belief, Plaintiff alleges that Neal engaged in sexual acts with Plaintiff's ex‐wife at various AVSC events. Plaintiff contends on information and belief that AVSC failed to conduct a backgroun...

Excerpt: ... 20. According to the allegations in the Complaint, Vahe and Dutchints solicited investment capital from Plaintiffs for the purposes of purchasing and developing multiple real properties for resale. Each of the Plaintiffs invested in a project whereby Rengstorff would develop property located at 570 S. Rengstorff Avenue in Mountain View. But, after Plaintiffs had invested in the project, Defendants failed to obtain the necessary entitlements with...

Excerpt: ...as riding his bicycle in the bicycle lane when he was struck from behind by Musleh's vehicle. F. Procedural Based on the foregoing allegations, Plaintiffs initiated this action on January 8, 2021 with the filing of the Complaint, which asserts causes of action for: (1) dangerous condition of public property, (2) general negligence, (3) motor vehicle negligence, (4) negligent instrument, and (5) strict products liability – design defect against ...

Excerpt: ...rior to April 25, 2017, Defendant designed, manufactured, sold, and placed into the stream of commerce the subject iPhone. In the Complaint, Petitioner alleged that, on April 25, 2017, the subject iPhone exploded, injuring his arm. B. Procedural Based on the foregoing allegations, Plaintiff initiated this action by filing the Complaint alleging two causes of action: (1) general negligence and (2) products liability. Defendant filed the instant mo...