Excerpt: ... of 2020, Plaintiff connected with a woman on Match.com who claimed she was an American citizen named “Becky Coons” who was working as an orthopedic surgeon in South Sudan for the U.N. (Id. at 4:3‐5.) She further represented that her teenage son, who was studying in Ghana from a U.N. referral, was in the hospital for injuries suffered from an automobile accident and requested financial assistance from Plaintiff to pay for his treatment. (Id...

Excerpt: ...hase 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 to the issuance of a certificate of occupancy. (Id., ¶ ...

Excerpt: ...he Complaint, the Property consists of 40 acres of agricultural land and contains numerous decommissioned or dilapidated agricultural buildings dating to its past use as a chicken farm. (Complaint, ¶ 1.) Defendant Parvaneh Pourakber (“Pourakber”) purchased the Property in 2003 and since that time she and her family have created or allowed others to create serious public nuisances including, but not limited to: unpermitted construction and/or...

Excerpt: ...f real property located at 444 Bella Corte in Mountain View (the “Property”) by way of grant deed dated November 22, 2004. (FAC, ¶ 19, Exhibit A.) Decedent was hospitalized with terminal cancer from December 6, 2018 until his death on January 6, 2019. (Id., ¶ 18.) Plaintiff was by Decedent's side nearly every day during that time. (Id., ¶ 20.) On December 29, 2018, Plaintiff, who by that time was on morphine and sleeping most of the day, w...

Excerpt: ...he allegations of the Complaint, Plaintiff is a provider of hazardous waste disposal services, specializing in non‐hazardous and hazardous waste management, from collection to recycling, leading to the final recovery of waste as materials or energy. (Complaint, ¶¶ 1, 37.) In connection with damage to its facility from the 2017 Tubbs Fire, a long‐time client of Plaintiff (“Client”) contracted with the company to transport and dispose of ...

Excerpt: ... “two‐part” examination. The first part to be conducted by Joanna L. Berg. Ph.D., Neuropsychologist and the second part to be conducted by Dr. Steven McIntire, M.D., Neurologist. Plaintiff has consented to undergo a mental examination by Dr. Berg and a corollary physical examination by Dr. McIntire. Defendants originally filed this motion with two points of contention: (1) the scope of Dr. McIntire's examination and (2) whether Dr. McIntire...

Excerpt: ... School District (“MPESD”). According to the allegations of the Complaint, MPESD contracted with defendant Santa Clara County Office of Education (“SCCOE”) to provide an outdoor education experience for minor students, including Plaintiff, particularly at Walden West Science Camp (“Walden West”), a public educational science overnight camp owned by SCCOE. (Complaint, ¶ 4.) Defendant Edgar Covarrubias‐ Padilla (“Padilla”) was em...

Excerpt: ...ed by Char and De Dely and questioned about her toxicity level. (FAC, ¶ 11.) Plaintiff alleges that Char and De Dely “negligently assessed the circumstances presented to them, and violently confronted and unjustifiably detained Plaintiff without probable cause or reasonable suspicion that Plaintiff had committed a crime, or would commit a crime in the future.” (Id.) Char and De Dely allegedly, and without warning, handcuffed Plaintiff with s...

Excerpt: ...se” agreement (the “Lease”) with Menlo for the rental of 9,108 square feet of commercial office space in a building located in Mountain View (the “Premises”). (FAC, ¶ 11, Exhibit A.) On January 24, 2017, the parties entered into a First Amendment to Office Lease which provided that the Lease commenced on January 11, 2017, and set forth an specific expiration date. (Id., ¶ 13.) Plaintiff's use of the Premises is restricted to specific ...

Excerpt: ...ms to have sustained “various injuries to various parties of his body, including, but not limited to, his head, neck, upper right extremity, left should, upper back, mid‐back, and low back. He claims to have suffered a concussion as a result of the accident. On August 18, 2020, Plaintiff underwent an IME at Defendants' request at the hands of orthopedic surgeon, Dr. George D. Picetti, M.D. Dr. Picetti's examined Plaintiff for complaints of ne...

Excerpt: ...iety of agreements between parties to purchase commercial real estate. Ly is alleged to have engaged in a scheme with Tai Hung Trinh to defraud buyers of commercial condominiums in Vietnam Town, a commercial plaza in San Jose. According to the allegations of the 4AC, on October 8, 2004, Plaintiff entered into five written agreements with TWN Investment Group, LLC (“TWN”) to buy five commercial condominium units at Vietnam Town for a total cos...

Excerpt: ...in defendant Mount Pleasant Elementary School District (“MPESD”). According to the allegations of the Complaint, MPESD contracted with SCCOE to provide an outdoor education experience for minor students, including Plaintiff, particularly at Walden West Science Camp (“Walden West”), a public educational science overnight camp owned by SCCOE. (Complaint, ¶ 4.) Defendant Edgar Covarrubias‐Padilla (“Padilla”) was employed by SCCOE and ...

Excerpt: ...llege that a building Konigsreiter once owned at 620 Emerson Street (the “Property”) was torn down because the City issued a demolition permit to a developer who did not own it. Konigsreiter “claims ownership and lawful possession of the parcel and building which was demolished located at 620 Emerson Street, Palo Alto CA 94301, with the APN number 120‐27‐25‐00.” (SAC, ¶ 8.) The demolition occurred between December 21, 2018 and Janu...

Excerpt: ...t Taylor 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 pr...

Excerpt: ... any type, including handwritten, typewritten, printed, photocopied, photographs, Whether available on paper or stored electronically, which evidence payments of money by LORIE WILLIAMS or any entity in which she is a principal agent for, to attorney David Kraft, including but not limited to copies of all checks made payable to David Kraft between January 1, 2013 and December 3 1, 2018. The Motion is GRANTED. Other than for Attorney Client privil...

Excerpt: ...ection of conversations they had with Defendants and their agents on specified dates. Defendants seek orders of the Court compelling plaintiffs to further respond to the interrogatories listed below. Plaintiffs provided identical responses to each of the disputed interrogatories, so their single response is reproduced at the end of the list of interrogatories. SPECIAL INERROGATORIES. SET ONE. TO PRAICHEE JAIN. NOS. 47‐61; INTERROGATORIES AND RE...

Excerpt: ... of the properties the parties own together. The Clara Property has now been sold by the Court Appointed Referee. Remaining for determination (in this case) are claims for attorney's fees and ouster damages. Defendant brings this motion claiming that Plaintiff and her counsel engaged in deliberate efforts to interfere with and disrupt Defendant's ability to take Plaintiff's deposition. Among other things, Defendant contends that, encouraged by he...

Excerpt: ...enning Marahrens (“Henning”) to serve as a full‐time caregiver for their elderly mother, Irene Marahrens (“Irene”).6 According to the allegations of the Complaint, on December 24, 2019, Plaintiff signed an employment agreement with Regina or Henning to care for their mother in her home in Campbell. (Complaint, ¶ 9.) Although Regina had originally claimed that her mother could use the toilet on her own, this was not the case, and Plaint...

Excerpt: ...t, in December 1972, various individuals conveyed the Property to John Langton, Jr. (“John”) and Sara, his wife, and their son, Phillip Sydney Langton (“Phillip”), a single man, all as joint tenants via an Individual Joint Tenancy.3 (Complaint, ¶ 12, Exhibit B.) In February 1990, Sara and John, as joint tenants, conveyed their interest in the Property to themselves as community property through an interspousal transfer deed. (Complaint, ...

Excerpt: ...the statutory time limit. Defendant eventually retained counsel who promised to respond to discovery and asked for additional time. Plaintiff granted additional time to respond on several occasions. Eventually Plaintiff filed the instant motion to compel. Plaintiff's Motion is GRANTED. Defendant is ordered to provide code compliant responses and responsive documents, without objections to Request for Production of Documents Set 1, within 20 days ...

Excerpt: ...ng it to collide with a traffic pole located at the intersection of Tisch Way, Winchester Boulevard and Interstate‐280 in San Jose, which was owned and maintained by the City. (SAC, ¶ 14.) The collision resulted in damage to the traffic pole in the amount of $19,567.53. (Id., ¶ 16.) Defendant was allegedly legally intoxicated when the collision occurred. (Id., ¶ 19.) B. Procedural The City initiated this action in May 2020 and filed the Firs...

Excerpt: ...laintiff's example and analyze the five motions together with separate findings where needed for each motion. BACKGROUND The instant action arises out of the sale of real property and the construction of a residence in the City of San Jose. Plaintiff's third amended complaint alleges causes of action for Deceit; Conspiracy; Aiding and Abetting Deceit, Intentional Interference with Economic Advantage, Negligent Interference with Economic Advantage...

Excerpt: ...sts and for exceeding the limit of allowed discovery. The Motion is jointly opposed by all Defendants. BACKGROUND The instant action arises out of the sale of real property and the construction of a residence in the City of San Jose. Plaintiff's third amended complaint alleges causes of action for Breach of Contract; Breach of Contract of The Implied Covenant of Good Faith and Fair Dealing against Defendant Taylor Morrison, Deceit; Conspiracy; Ai...

Excerpt: ...elonging to the District. According to the allegations of the SAC, all Plaintiffs are currently over the age of 39 and attended Cinnabar Elementary School (“Cinnabar”) at various times from 1978 through 1981, when the events at issue allegedly occurred. (SAC, ¶¶ 2, 4‐7.) During that time, defendant Dennis Thomas (“Thomas”) was employed as a teacher at Cinnabar, and allegedly sexually assaulted each of the plaintiffs on school grounds....

Excerpt: ...uiet title to property, among other things. According to the allegations of the First Amended Complaint (“FAC”), on August 17, 2016, defendant Kowitz Family Trust‐1 (the “Trust”) became the owner of real property and improvements located at 14341 Browns Lane in Los Gatos (“Property 1”). (FAC, ¶ 10.) The Trust is a Revocable Living Trust formed by defendant Michael David Kowitz (“Michael”)1 as grantor, settlor and trustee, purpo...

Excerpt: ...hat the majority shareholders in Omkar Rocklin are manipulating the books to unjustly enrich themselves at Plaintiffs' expense. Omkar Rocklin claims that Plaintiffs are simply disgruntled shareholders who are once again complaining regarding the management of the corporation. Plaintiff served discovery on Omkar Rocklin seeking information regarding the decisions being made by those in majority control. A long meet and confer process resolved the ...

Excerpt: ...x dislodged by another customer fell from the top of a shelf and struck her on the head and lower back. B. Procedural Plaintiff initiated this action on May 29, 2018, asserting claims for premises liability and negligence, and seeking to recover punitive damages. Plaintiff filed an amended complaint and after a subsequent motion to strike by Defendant was granted with leave to amend, filed the operative SAC. On September 1, 2020, Defendant filed ...

Excerpt: ...dge Carol Overton. Although the parties agreed to a stipulated protective order at the IDC, based the reports of both sides, the IDC was a failure in all other respects. Per this Court's orders, the two discovery matters are now before the Court for decision. BACKGROUND This case arises out of a contract dispute between 10:07 and Fab Ex. 10:07 claims to be owed $233,407 under a written contract with Fab Ex. 10:07 filed suit against Fab Ex allegin...

Excerpt: ...ve for summary judgment, or in the alternative, summary adjudication, in their favor and against plaintiffs Gina M. Gray (“Gray”) and David A. Zamora (“Zamora”) (collectively, “Plaintiffs”). IV.Background C. Factual This is a wrongful foreclosure action. On August 2, 2005, plaintiffs Gina Gray and David Zamora (collectively, “Plaintiffs”) were granted, by grant deed, a fee simple interest in property located at 5850 Cannes Place i...

Excerpt: ...l structure were normal. (Id., ¶ 16.) Several hours later, Kitty underwent sedation for x‐rays and further examination. (Id., ¶ 17.) The x‐ray report indicated that the cat had a femur fracture, an injury unknown to Plaintiff. (Id.) The physician did not discuss the injury, which now affected Kitty's gait, with Plaintiff and there was no treatment provided. (Id., ¶ 19.) Dr. Sung falsely stated in her medical report that the injury occurred...

Excerpt: ...otion. Background This Motion arises out of a highly contentious dispute over the management of real property located in the City of San Jose (the Property). The property was owned jointly by Cace's predecessor in interest Patricia Jerkovich and Kinslella's predecessor in interest Ignatius Azarello. Jerkovich sued Donna Kinsella, and her father Ignatius Azarello in San Diego County over disputes regarding the management of the property (the Compl...

Excerpt: ...his vehicle was towed without proper authorization and in violation of law. Rebellos denies that the tow was unauthorized or unlawful. Plaintiff served Rabello with discovery directed at obtaining whatever documents exist that authorized towing of his vehicle, documenting communications between Rebellos and Anton La Moraga LLC (La Moraga) and its associates regarding the authorization to tow Plaintiff's vehicle and any tow receipts signed at the ...

Excerpt: ...endant, the owner of the subject property (the “Property”) and Agnews entered into a written agreement entitled “Standard Offer, Agreement and Escrow Instructions for Purchase of Real Estate” (the “Agreement”), whereby Agnews agreed to purchase and Defendant Agreed to sell the Property for a price to be determined as $350,000 per residential unit approved by the City of Santa Clara, with a minimum of six approved Market Rate Residenti...

Excerpt: ...USI's Vice President and one of Plaintiff's supervisors, began a campaign of daily harassment toward Plaintiff and made harassing comments about him to other employees, which continued until Plaintiff was terminated. (Id., ¶ 8.) Huynh commented that Plaintiff was getting too old to work for USI and called him “chief” or “Indian,” which were demeaning to Plaintiff, a man of American Indian decent/ancestry. (Id.) USI's President, John Bodo...

Excerpt: ...C. Factual This action arises out of the foreclosure of real property located in Milpitas (the “Property”) that was used to secure a loan to build a condominium complex on the Property. Plaintiffs maintain that the Defendants devised a predatory lending scheme to defraud them. According to the allegations of the Complaint, Eighty‐Eight owns the Property and on November 6, 2018, defendant GreenLake Real Estate Fund LLC (“GreenLake Real Est...

Excerpt: ...rings was served on Plaintiff March 2, 2021. Plaintiff's Responses to Defendant's motions were due April 7, 2021. Plaintiff did not file a timely opposition. On April 8, 2021 Defendant filed notice of Plaintiff's non opposition to all of the pending motions. That same day, Plaintiff filed a single opposition paper that the Court interprets as being made in opposition to all of Defendant's motions. Having considered all of the papers in support an...

Excerpt: ...d opposing parties Corinna Reyes and Golden State Care Collective, (Reyes) filed a single memorandum of Points and Authorities in opposition to both motions. The Court will follow Plaintiffs' example and combine its ruling into a single document with separate findings and orders for the two motions. BACKGROUND These motions arise out of a landlord tenant dispute. Kruger was Reye's landlord and Rothbard was Kruger's attorney. Kruger sought to evic...

Excerpt: ...e and Lee Nora Filice (the “Filices”), grantors, and the State of California (the “State”), as grantee, executed a Grant Deed (recorded April 29, 1958) (the “Grant Deed”), which effectuated three transfers of various interests in real property owned by the Filices (the “Original Filice Land”). (Complaint, ¶¶ 26‐27 and Exhibit 4.) The first transfer was of a fee interest in “Parcel 1” from the Filices to the State and was m...

Excerpt: ...al Notice of Pleadings filed in the instant action. Evidence Code section 452(d), provides that the Court may take judicial notice of “[r]ecords of any court of this state.” Section 452(d) permits the trial court to “take judicial notice of the existence of judicial opinions and court documents, along With the truth of the results reached—in the documents such as orders, statements of decision, and judgments ....” When the adverse party...

Excerpt: ...hristina, westbound on Highway 92 when a vehicle driven by Defendant, who was heading eastbound, suddenly swerved, crossing over the double yellow center lines and striking Plaintiffs' vehicle head‐on. Plaintiffs suffered serious injuries as a result. Plaintiffs allege that Defendant was intoxicated at the time of the incident and consumed alcohol knowing that he would subsequently being operating a motor vehicle, and thus exhibited a conscious...

Excerpt: ...roup of San Jose, Anesthesia Medical Group of Santa Cruz and Lisa Ferguson, M.D. According to the allegations of the operative Second Amended Complaint (“SAC”), Plaintiff had an appendectomy in December 2016. (SAC, ¶ 10.2.) One month later, she began experiencing severe pain and gastrointestinal distress. (Id., ¶¶ 10.8‐ 10.12.) To address her symptoms, she underwent another procedure at the end of January 2017. (Id., ¶ 10.17.) During th...

Excerpt: ...and Nulman were married in May 1992 and on June 17, 2019, Plaintiff filed for divorce in family court (the “Dissolution Action”). (Complaint, ¶ 8.) Unbeknownst to Plaintiff until recently, Nulman has been engaged in a long‐standing scheme to steal their community property assets and hide them from her. (Id., ¶ 9.) Plaintiff pleads examples of Nulman's alleged deception, and alleges on information and belief that the purported scheme is no...

Excerpt: ...laintiff was employed as CEO of Pi and its wholly owned subsidiary, Social, which was engaged primarily in the creation and management of a mobile application involving blockchain technology. (AC, ¶¶ 2, 6, 8, 9.) Kokkalis and Fan were employed by Social as its Chief Technology Officer and President, and Chief Product Officer, respectively. (Id., ¶ 9.) Plaintiff, Kokkalis and Fan, who are husband and wife, cofounded Pi and agreed to split owner...

Excerpt: ...iety of reasons. First, the Court is troubled that Plaintiff made her motion without making a reasonable attempt to meet and confer with Defendant. Plaintiff's single letter threatening a motion to compel falls far short of the requirement to seriously attempt to resolve the discovery dispute prior to the making of a motion. “A reasonable and good faith attempt at informal resolution entails something more than bickering with [opposing] counsel...

Excerpt: ...mmary adjudication in its favor on SJN's FAC. I. Background A. Factual This is an action to compel an accounting by partnerships that are in the midst of dissolving and winding up. According to the allegations of the FAC, this lawsuit pertains to the development and sale of a mixed‐use development in San Jose. (FAC, ¶ 12.) Plaintiff SJN is mostly comprised of long‐time business owners and civic‐minded citizens of Japantown in San Jose. (Id...

Excerpt: ...meowner Bill of Rights (the “HBOR”), among other things. According to the allegations of the Complaint, 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 requested a...

Excerpt: ...he allegations of the Complaint, on July 5, 2019, Plaintiff contacted the Intero Defendants about the Property, which was listed on MLS and advertised by defendants Patrick and Carol Davis as sellers and the Intero Defendants as listing agent and brokers for the sellers. (Complaint, ¶ 13.) The Property was advertised as a singlefamily home with a detached garage and an accessory dwelling unit (“ADU”) comprised of a detached 1 bedroom, 1 bath...

Excerpt: ... Hoffman (“Hoffman”) and Professional Association Services, Inc.'s (“PAS”) demurrer to the SACC and motion to strike portions contained therein; (3) cross‐defendants Richard P. Riley (“Riley”) and Riley Pasek Canty LLP's (“RPC”) demurrer to the SACC and motion to strike portions contained therein; and (4) cross‐ defendants Posard Broek + Associates (“Posard”), Adam Posard, Onne Broek, John Drake and Lynn Htut's (collective...

Excerpt: ...le‐family residence and separate garage in Los Gatos (the “Residence”) and the alleged defective work performed. According to the allegations of the Complaint, on February 18, 2004 Shann,1 in his capacity as trustee of his own revocable trust, acquired title to the property on which the Residence was to be constructed, which included taking ownership of approved plans and other construction documents, as well as assumption of the existing c...

Excerpt: ... allegations of the operative SAC, the properties at issue are 6087 Emlyn Court (the “Emlyn Court Property”) and 1408 Via Del Los Grande (the “Grande Property”). (SAC, ¶ 12.) Plaintiff and her son, Homan,1 purchased the Grande Property in August 2004, with title taken in both of their names. (Id., ¶ 13.) Homan was unable to purchase the property on his own and therefore part of the purchase was financed with $100,000 that was borrowed a...