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: ... 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: ... (“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: ...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: ...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: ...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: ...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: ...area of Santa Clara County. While driving, a cow escaped from Defendants' pasture and wandered onto the road and into the path of Plaintiff's travel. The cow caused a violent collision and resulted in injuries and damages to Plaintiff. On October 27, 2023, Plaintiff filed an amend ed Judicial Form Complaint against Defendants, asserting the following three causes of action: 1) General Negligence; 2) Strict Liability; and 3) Negligence Per Se. On...

Excerpt: ...ing Systems Inc.2 (“ATS”) (collectively, “Defendants”). According to the first amended complaint (“FAC”), BioDot designs and manufactures precision liquid dispensing and material -handling systems used by corporate customers to manufacture diagnostic tests. (FAC at ¶ 3.) ATS is a multi -national conglomerate that builds automation systems for many industries, including medical devices, pharmaceuticals, telecommunications, semiconduc...

Excerpt: ... in a forum outside this state, the court shall stay or dismiss the action in whole or in part on any conditions that may be just. (CCP § 410.30, subd. (a) (Deering, Lexis Advance through the 2024 Regular Session Ch 1).) “Forum non conveniens is an equitable doctrine invoking the discretionary power of a court to decline to exercise the jurisdiction it has over a transitory cause of action when it believes that the action may be more appropria...

Excerpt: ...' claims against th em on the grounds that Cross-Complainants were truly ignorant of the fictitiously named cross -defendants' identities when the CrossComplaint was filed on July 10, 2020, pursuant to Code of Civil Procedure(“CCP”) sections 473(a), 474 and 576 and California Rules of Court (CRC) Rule 3.1324 is GRANTED. CrossComplainants are granted 15 days leave to file their proposed First Amended Cross -Complaint. The court may, in the ...

Excerpt: ...rty located at 1343 San Juan Avenue in San Jose, California (“Property”) upon the death of his mother, Maria Castaneda (“Castaneda”). (Complaint at BC -4.) Upon Salvador's death or sale of the Property, Plaintiff was to be provided with her share a s issue of Castaneda.1 (Ibid.) On November 26, 2022, Salvador died and Plaintiff discovered that he transferred the Property into his trust to be given to Defendant, his wife, upon his death. (...

Excerpt: ...n Hsu and Chin- Wei Hsu in Case No. 23CV427626 filed a similar notice in their case referencing this Case No. 22CV407623, the same day. In both notices, the second box in Section 1(h) is checked indicating that each case “arise from the same or substantially identical transact ions, incidents, or events requiring determination of the same or substantially identical questions of law or fact.” The plaintiffs in both actions are represented by ...

Excerpt: ...2024, in the principal amount of $ 894,443.54 that was modified on June 5, 2023, to $979,425.90, on two major grounds. First, Kokinos claimed that vacatur is required pursuant to “section 1286.2(a)(6)(B) because WELSH refused to honor KOKINOS's timely demands for disqualification of hersel f and of her designated forensic accountant Vanessa Hill (Hill), when WELSH was required to remove herself and the accountant from the proceedings” citin...

Excerpt: ...4.) Doe 6 was a teacher empl oyed by Doe 1 who abused his position of power to groom young students, including Plaintiff. (Id. at ¶ 15.) After Doe 6 gained Plaintiff's trust, his sexual advances against Plaintiff became more aggressive. (Compl., ¶ 16.) Doe 1's employees knew, or shou ld have known, that Doe 6 was sexually grooming and sexually abusing Plaintiff. (Id. at ¶¶ 18, 26.) Doe 6 targeted Plaintiff because of his gender. (Id. at ¶ 20...

Excerpt: ...ti ff purchased a laser hair removal therapy treatment course at Medspa, consisting of six “bikini Brazilian” treatments and six “upper leg” treatments. (FAC at ¶ 6.) On April 12, 2022, Plaintiff attended her fourth treatment of laser hair removal therapy w here Nurse Mottahed was available to treat her. (Id. at ¶ 7.) Plaintiff was burned during her laser treatment and left her appointment early. (Id. at ¶¶ 10 -16.) The employees at t...

Excerpt: ...ard by Marriott hotel in Sunnyvale, California which was owned and operated by defendants. (FAC at ¶ 4.) Plaintiff was attending a business function in the area at the time of the events alleged in the FAC. (Ibid.) Around this time, defendants summoned officers of the Sunny vale Police Department and had Plaintiff arrested without a warrant and detained for the crime of felony vandalism. (FAC at ¶ 5.) Plaintiff was then transported to the Santa...

Excerpt: ...nt. On February 15, 2024, defendant Sossaman, specially appearing, filed a motion to quash service of summons and complaint. Plaintiff filed written opposition. Motion to Quash Service of Summons Defendant Sossaman moves to quash service of summons as he was not personally served with the complaint in this action. Legal Standard “Service of process is the means by which a court having jurisdiction over the subject matter asserts jurisdiction ...

Excerpt: ...tee, on Behalf of the Colt 2021HX1 Mortgage Loan Trust, a New York Common Law Trust (“U.S. Bank”), Select Portfolio Servicing, Inc. (“SPS”), and Clear Recon Corp. (“Clear Recon”) (collectively, “Defendants”). Plaintiff is the owner of r eal properties located at 1128 Dean Avenue, San Jose, CA 95125 (“Dean Property”) and 236 Bean Avenue, Los Gatos, CA 95030 (“Bean Property”) (collectively, “Properties”). (First Amended ...

Excerpt: ...ion”]; Stepan v. Garcia (1974) 43 Cal.App.3d 497, 500 [the court may take judicial notice of its own file].) Accordingly, the court takes judicial notice of its own file in this matter. Plaintiff's moving papers filed 10/10/2023 and on 2/1/2024 show her address is: 2694 G LEN DOON CT, SAN JOSE, CA 95148. Here, the proof of service filed 6/29/2022 shows that Defendant was served by substitute service. It states that the summons and complaint...

Excerpt: ...osts of $1,5660.40 for a total of $121,272.90. Nguyen is the “prevailing defendant under CCP section 425.16(c), which mandates that “a prevailing defendant on a special motion to strike shall be entitled to recover his or her attorney's fees and costs.” (CCP § 425.16(c).) On November 8, 2023, the Court issued an order granting Nguyen's anti -SLAPP motion with respect to six of the seven counts contained in Plaintiff's First Amended Complai...

Excerpt: ...c. (collectively, “Defendants”). According to the first amended complaint (“FAC”), the subject of this action concerns certain real property located at 3962 Ross Avenue in San Jose, California (“Property”). (FAC at ¶ 1.) The Mathew Wang Li ving Trust Dated May 5, 2021 (“Trust”) was and is the co -owner of the Property. (FAC at ¶ 2.) Plaintiff and his late wife, Betty Wang (“Betty”1), were cotrustees of the Trust. (Ibid.) Up...

Excerpt: ...ollectively, “Defendants”). Dr. Kethineni is a medical doctor with a specialization in infectious diseases who practices at San Joquin General Hospital. (Complaint at ¶ 2.) In December 2010, non- party Neelinfo, Inc. (“Neelinfo”), a California c orporation, entered into a commercial agreement (“Agreement”) with defendant Techorbit, a Texas corporation. (Complaint at ¶ 3.) On June 13, 2012, Techorbit filed an action against Dr. Keth...

Excerpt: ...ion”]; Stepan v. Garcia (1974) 43 Cal.App.3d 497, 500 [the court may take judicial notice of its own file].) Accordingly, the court takes judicial notice of its own file in this matter. Plaintiff's moving papers filed 10/10/2023 and on 2/1/2024 show her address is: 2694 GLEN DOON CT, SAN JOSE, CA 95148. Here, the proof of service filed 6/29/2022 shows that Defendant was served by substitute service. It states that the summons and complaint ...

Excerpt: ... asserting it serve d Que by personal service in Hong Kong on August 10, 2023, at 7:49 PM. The proof of service indicates Chau Sinling Fanny (“Fanny”) served the papers on Que. Que specially appears to bring a motion to quash service by Plaintiff. II. Motion to Quash Que mo ves to quash service of summons on the ground the Court lacks jurisdiction over him because Plaintiff failed to properly serve him pursuant to international laws. a. Legal...