Excerpt: ...r 17, 2022. 1 (FAC at ¶¶ 1, 10 -11.) For over 20 years prior to Anna's death, Sylvia had been the beneficiary of Anna's estate plan, through her trust and will, which defendant Gilfix & La Poll Associates, LLP (“Gilfix”), an estate planning law fir m, drafted. (Id. at ¶ 1.) Gilfix was aware of Anna's closeness with Sylvia and her intentions toward her. (Ibid.) Despite this background, in the final days of Anna's life (while she was o...

Excerpt: ...“Defendants”). According to the complaint, on October 5, 2019, Plaintiffs, as buyers, entered into a San Francisco Purchase Agreement (“Purchase Agreement”) with defendants Melnikoff and Quinn (collectively, “Seller Defendants”) for real prope rty located at 11511 Summit Wood Road in Los Altos Hills, California (“Property”). (Complaint at ¶¶ 1 -2, 11.) Under the Purchase Agreement, the Seller Defendants agreed to sell the Proper...

Excerpt: ... matter and personal jurisdi ction over the action. (CCP § 418.10(a).) Should the court find that it is “in the interest of substantial justice” that an action filed in California should be heard elsewhere, it may stay or dismiss the action. (CCP § 410.30(a).)1 The defendant bears the burden of proof on a motion for forum non conveniens. (Stangvik v. Shiley Inc. (1991) 54 Cal.3d 744, 751 (“Stangvik”.) The adjudication of the motion is...

Excerpt: ... for a one -y ear loan of $200,000.00 by mortgaging his property located at 3005 Silver Creek Road, Unit 126, San Jose (“Property”). Because the value of the Property was greater than the loan amount, Mr. Chuen recommended the loan to Plaintiff, and upon her agreement, he was hired to handle the arrangement on her behalf. (Complaint, ¶ 7.) Mr. Chuen and Mr. Vuong agreed to an 8% annual interest rate, which translated to a monthly interest pa...

Excerpt: ...efore the initial hearing date o f 4/16/2024. Unless otherwise provided by law, all moving papers shall be served and filed at least 16 court days before the hearing. (Cal. Code Civ. Proc. (“CCP”) § 1005(b).) A “court day” for purposes of CCP section 1005 is any day where the court is no t closed due to a judicial holiday. (CCP § 133, 134, Cal. Gov. Code § 6701.) Here, Plaintiff electronically served Defendant with Motion #1 on 3/28/2...

Excerpt: ...t was served by email or electronic service to the attorney of record for Plaintiff (Sidney C. Flores) on 2/20/24. (See Ex. A to Decl. of Seth W. Weiner filed 4/22/2024.) Plaintiff substituted himself in pro per on 4/4/2024. (See Substitution of Attorney— Civil (Without Court Order) filed herein on 4/4/2024.) Plaintiff's motion to compel asserts that he received Defendant's answers from his prior attorney on 3/1/2024 and asks the court to com...

Excerpt: ...Operating on the assumption that Ms. Tang was incapacitated, defendant Ge called 911.1 (Ibid.) Thereafter, when Ms. Tang asserted claims related to rent and deposit, defendant Ge engaged her in conversation and persuaded her to file charges an d a malicious prosecution criminal case against Plaintiff. (Ibid.) Defendant Ge also provided false statements to police to assist Ms. Tang's malicious prosecution. (Ibid.) The criminal case was filed on ...

Excerpt: ...ermination of Plaintiff 's employment. According to the SAC, Plaintiff is a general electrician of Afghan origin and the Muslim faith. (SAC, ¶¶ 12 -13.) Plaintiff was hired in February 2021 and fired three months later in April 2021, at the age of 44. (SAC, ¶¶ 12 -14.) In October 2 021, Plaintiff was dispatched by his union to work for Redwood Electric, but he was not hired. (SAC, ¶ 14.) During his employment, Plaintiff's foreman, Jerry Lit...

Excerpt: ...21, Plaintiff acquired a 2021 Chevrolet Bolt (“vehicle” or “subject vehicle”) for personal, family, and/or household purposes from Capitol Chevrolet, an authorized dealer and agent of GMC.1 (FAC at ¶ 6.) The vehicle was sold to Plaintiff with ex press warranties that the vehicle would be free from defects in materials, nonconformities, or workmanship during the applicable warranty period. (Id. at ¶ 12.) And, to the extent the vehicle ha...

Excerpt: ...ated at 2932 V anport Drive, San Jose, California (“Property”) in the Trust. (Complaint, ¶ 1.) Upon their father's death, on December 1, 2020, Alejandra, Gabriela, and Rafael Vergara entered the Agreement with their stepmother, Nancy Frederick, to distribute the Property in a manner that would result in Gabriela owning the property while still preserving the then -current property tax rate. (Complaint, Ex. A.) The Agreement required Defendan...

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: ...' 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: ... 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: ...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: ...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: ...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: ...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...

Excerpt: ...uest to dismiss the action pend ing the outcome of the arbitration is DENIED as MOOT. BACKGROUND On November 29, 2023, Plaintiff filed the instant action against Cloudbrink and its Chief Executive Officer, Mana. Plaintiff asserts seven causes of action in his Complaint for (1) [Whistlebl ower] Retaliation in Violation of California Labor Code sections 1102.5 and 98.6, (2) Fraudulent Misrepresentation, (3) Negligent Misrepresentation, (4) Breach ...

Excerpt: ... owned by Yan Jian, together with her husban d and children, referred to as the “Chen Family.” (Id. at ¶ 2.) In March 2019, GFL leased the Property to Blueprint, so it could operate a hotpot restaurant called Tian Fu Xiang Hotpot (“TFX”). (Id. at ¶¶ 27, 44.) Shi is the owner of Blueprint. (Id. at ¶ 4 .) In order to obtain possession of the Property, Shi first interfered with GFL's sale agreement with a potential buyer of the Property...

Excerpt: ...ation Act (“CAA”) and the California Code of Civil Procedure (“CCP”) section 1280, et seq., is DENIED. Defendant's motion pursuant to 9 U.S.C. section 3 and CCP section 1281.4 for a stay in this action is DENIED. Legal Standards Both federal law and California law favor the enforcement of valid arbitration agreements. The United States Supreme Court has often reaffirmed the long - standing “liberal federal policy favoring arbitration,�...

Excerpt: ...eral statements to a group of individuals including, but not limited to, the Plaintiff, and members of the Williams, Rader, Gordon, and Ayal families (and possibly the Bromberg family). (Complaint at p. 2:33 -38.) The email content consists o f the following statements: (1) “And that one was before or after you got arrested for hurting Emma? Did she get a restraining order against you? That was the second or third restraining order women have t...

Excerpt: ...rformance” records, wh ich shall be excluded from the records produced. It is DENIED as to all the other records requested. The subpoenaed records (except Plaintiff's performance records) shall be produced by Tacos pursuant to Defendant's subpoena within 20 days of notice of this order. The records produced by Tacos pursuant to the Defendant's subpoena shall only be used in this action. The Complaint Plaintiff filed a complaint against Defenda...

Excerpt: ...operator of the vehicle, was driving a 2017 Lexus RX. (Compl., ¶¶ 3 -4.) Plaintiff did not contribute to the accident. (Compl., ¶ 7.) On October 16, 2023, Plaintiff filed her Complaint alleging a negligence cause of action against Defendant. On January 2, 2024, Defendant filed a demurrer to the Complaint. Plaintiff opposes the motion. II. Demurrer a. Legal Standard “A demurrer tests only the legal sufficiency of the pleading. It admits the...

Excerpt: ...scan for Plaintiff. (Ibid.) Plaintiff did not receive a call from Defendant explaining the results of the CT scan or to discuss any risks or future treatment. (Ibid.) Instead, Plaintiff received a postcard concerning her test re sults which simply stated, “no abnormalities.” (Ibid.) On August 18, 2022, Plaintiff woke up and was nearly completely blind in her right eye. (See Attachment to Complaint.) Plaintiff alleges Defendant should have dia...

Excerpt: ...On 12/8/2022 Defendant served a notice of taking Plaintiff's deposition on 12/28/2022 and requested the RPD Nos. 1 -17 be produced at the deposition. Written objections must be served on the party noticing the deposition at least three calendar days before the deposition. (Code Civ. Proc. § 2025.410(a), (b).)3 Plaintiff served timely written objections to the notice of deposition by email on 12/23/2022. A party may move to compel deposition atte...

Excerpt: ...mmonly known as Suite 700 (“Premises”) of the building located at 2440 West El Camino Real in Mountain View, California. (Complaint at ¶ 5.) The Lease required Flex Logix, among other things, to pay rent and other charges (collectivel y, “Rent”) when due. (Id. at ¶ 6.) Despite this requirement, Flex Logix failed to pay Rent when due under the terms of the Lease. (Id. at ¶ 7.) On June 8, 2023, BXP served Flex Logix with a 5 -day Notice ...

Excerpt: ...ded that Why Systems would provi de equipment and services to Emodo at a monthly rate of $271,068 and with a 5% charge for late payments and award of attorneys' fees incurred in connection with the collection of amounts due. (Compl., ¶ 6, subds. (a) -(c).) Defendant breached the August Lease by failing to make the payments due and owing of at least $5,028,492, excluding interest and fees. (Compl., ¶ 8.) On July 31, 2023, Plaintiff filed its Co...

Excerpt: ...ly favor the enforceability of arbitration agreements and require that – where parties have agreed to arbitrate – they must do so in lieu of litigating in court. (Buckeye Cheek Cashing, Inc. v. Cardegna (2006) 546 U.S. 440, 443; Moses H. Cone Mem. Hospital v. Mercury Constr. Corp. (1983) 460 U.S. 1, 24-25; Harris v. Tap Worldwide, LLC (2016) 248 Cal.App.4th 373, 380 [“California law favors enforcement of valid arbitration agreements.”]; t...

Excerpt: ...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 Plainti
¯'s First Amended Complaint. By this...

Excerpt: ...”) (collectively, “Defendants”). According to the complaint, BioDot designs and manufactures precision liquid dispensing and material-handling systems used by corporate customers to manufacture diagnostic tests. (Complaint at ¶ 2.) ATS is a multi-national conglomerate that builds automation systems for many industries, including medical devices, pharmaceuticals, telecommunications, semiconductor, Þber optics, automotive, computers, solar ...

Excerpt: ...1999) 21 Cal.4th 973, 975.) The court may grant a motion for withdrawing or amending deemed responses if (1) the admission was the result of mistake, inadvertence, or excusable neglect, and (2) the party that made the requests for admission will not be substantially prejudiced if the motion is granted. (CCP § 2033.300(b).) The law strongly favors a disposition on the merits and disfavors undeserved windfalls obtained through requests for admissi...

Excerpt: ...(Chun Decl. Exhibit “7”.) Defendant served its response to Plainti
¯ in compliance with the Order on November 22. (Chun Decl. Exhibit “8”.) Defendant changed representation during the litigation, and its initial answer was improperly submitted in pro per, which it is seeking to amend. (Def. Sep. Statement ¶ 5.) II. Legal Standard The court may impose sanctions against anyone engaging in conduct that is a misuse of discovery under Code o...

Excerpt: ...tion in Santa Clara Superior Court entitled Katalyst Development, LLC v. Michel, et al. (“Underlying Action”). The subject matter of the lawsuit was real property located in Santa Clara County which was the subject of a purchase contract entered into by Forma, who assigned its rights to Katalyst. (Aalaei Decl., ¶¶ 3, 4 and Exhibit “1” attached thereto.) When the fee agreement was entered into, Plainti
¯ had a San Francisco address, but...

Excerpt: ...their motion for sanctions: CCP section CCP section 128.5 and california Rule of court (CRC) 2.30(b). CCP section 128 CCP section 128 states that "(a) Every court shall have the power to do all of the following: (5) To control in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every matter pertaining thereto." (ld.) While CCP secton 128 does...

Excerpt: ...ompel Defendant to further respond to Sl set two, served by Plaintiff pursuant to Code of Civil Procedure ("CCP") section 2030.300. (Motion at 2.) Particularly, Plaintiff seeks further response to Sl nos. 103, 104, and 105. (Mohon at 2-3.) Sl no. 103 asks Defendant to "identify all internal memorandums sent or received by Defendant from January 1, 2008 to December 31, 2011 relating to nerve damage associated with the Miradry System". (Sl at '1 9....

Excerpt: ...RANTED IN PART. Section 9 of the Agreement provides: The Parties agree that in the event they believe any other Party has breached any term of this Agreement, the non-breaching Party will meet and confer in good faith with the allegedly breaching Party to resolve the dispute. For purposes of this Agreement, "meet and confer in good faith" means either an in-person conversation or telephone conversaton in which the Parties respectfully identify th...

Excerpt: ...at Medspa, consisting of six "bikini Brazilian" treatments and six "upper leg" treatments. (Complaint at 6.) On April 12, 2022, Plaintiff attended her fourth treatment of laser hair removal therapy where Nurse Mottahed was available to treat her. (ld. at '17.) During laser treatment, Nurse Mottahed burned Plaintiff's leg forcing her to leave her appointment early. (ld. at "1 10-14.) The employees at the front desk told Plaintiff that Nurse Mottah...

Excerpt: ...int, Plaintiffs Domingo Tejeda Vindel and Tomassa Beatriz Ponce Jimenez (“Plaintiffs”) allege two causes of action against Defendants Nicole Roybal (“Roybal”) and Sonic – Stevens Creek B, Inc. DBA Stevens Creek BMW (“Dealership”):1 (1) motor vehicle negligence; and (2) general negligence. The complaint states that on April 26, 2019, Vindel was driving his vehicle on Interstate 280 in San Jose when the rear of his vehicle was struck ...

Excerpt: ...us Management Group, LLC; Tim Stannard; Mark Sullivan; Andrew Green; and Brannin Beal (“Defendants”). The original and still‐operative Complaint, filed March 5, 2021, alleges generally that Plaintiff worked as the general manager for Pizza Antica in Santana Row. (Complaint at ¶ 29.) When COVID‐19 restrictions were put into place in March 2020, Defendants terminated all the restaurant employees and closed the restaurants. (Id. at ¶ 32.) ...

Excerpt: ... The operative First Amended Complaint (“FAC”) as filed on January 8, 2016 and states claims for: (1) Negligence (against several defendants), and; (2) Medicare Fraud (against Defendant Kenneth Miller, M.D. only). Currently before the Court is the demurrer to the FAC by Defendant Kenneth Miller, M.D., (“Defendant”) in both his individual capacity and as “Kenneth Miller P.C.,” filed on July 28, 2021. Plaintiff opposes the demurrer in p...

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 11 August 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order On Motion of Plaintiff to Reopen Discovery or, Alternatively, to Exclude Evidence. This matter was originally set for a trial date on 14 December 2020. At that time, counsel for plaintiff represented...

Excerpt: ...ng the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 11 August 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order Motion of Plaintiff to Disqualify Defense Counsel. I. Statement of Facts. The facts of this matter are well known to this Court, to the parties, and to counsel. II. Motion of Plaintiff to Disqualify Defense Counse...

Excerpt: ... the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 11 August 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion of Defendant to Compel Further Responses to Request for Production of Documents, Set One, and for Monetary Sanctions. I. Statement of Facts. This complaint was filed on 25 June 2020.2 Plaintiff, a member o...

Excerpt: ...tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 11 August 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Orders on Motion of Plaintiff to Compel Deposition of Larry Smead and on Motion of Defendant for Protective Order. I. Statement of Facts. The facts of this kinetic lawsuit are well known to the Court. In July 2018, Mr. Soffa w...

Excerpt: ...s to Plaintiff, within 10 days of this order. On 9/15/2020, the court granted Plaintiff's motion to compel Defendant to further respond to 11 interrogatories from Plaintiff finding that Defendant's responses were “not Code‐complaint and did not fairly answer the interrogatories.” On 10/5/2020, Defendants' verified responses to SI Nos. 1, 3, 5, 7, 8 and 10 were “YES”. Defendant's verified responses to SI Nos. 2, 4, 6, 8, 9, and 11 basica...

Excerpt: ...ively, “Owners”) own a building located at 224 North 27th Street in San Jose (the “Property”). Defendants, in turn, are the owners of a cellular antenna tower located on the roof of the building. (Complaint, ¶ 7.) On May 4, 2016, Plaintiff, an employee of ProCell, was at the Property to perform maintenance and/or repairs to the aforementioned tower. (Id., ¶ 8.) In order to access the tower, Plaintiff was forced to use a ladder affixed t...

Excerpt: .... According to the allegations of the Complaint, for the last nine years, Defendant issued to Plaintiff an Accountants Professional Liability Insurance Policy which provided coverage for acts, errors, and omissions in the rendering of accounting services. (FAC, ¶ 6.) The policy issued for the period 1/18/17 to 1/18/18 (the “Policy”) provided, in part, that Defendant would pay “those sums that an Insured becomes legally obligated to pay as ...

Excerpt: ...lief for fraud and mistake is clearly warranted. On July 12, 2019, Plaintiff Chartwell Staffing Services, Inc. dba Chartwell Staffing Solutions (“Plaintiff”)'s former attorney duplicitously assured Defendant that it need not file a responsive pleading by representing that Plaintiff was going to file a First Amended Complaint. For this reason, Defendant did not file a responsive pleading. In late March/early April 2020, Defendant's counsel Ber...

Excerpt: ...der”). The Order re‐opened fact and expert discovery, set a trial date of August 9, 2021, and a summary judgment and in limine briefing schedule with moving papers due February 16, 2021, and opposition due April 30, 2021. Following that Order, Defendant timely re‐filed and re‐served its motion for summary judgment, or in the alternative motion for summary adjudication, and two in limine motions (1) to exclude the opinions of Plaintiff's m...

Excerpt: ...'s rental agreement was for more than a month and was made through Airbnb. (Id.) Plaintiff alleges that he left due to threats from his landlord, Defendant, not to renew the lease on the Property that he rented from the owner unless he paid back rent that was due from October 25, 2020 until November 21, 2020. (Id.) Plaintiff further alleges that he was unable to submit a declaration of hardship to Defendant pursuant to California Assembly Bill 30...

Excerpt: ... Covid‐19 pandemic. Congress authorized PPP loans as part of the so‐called “CARES Act,” which authorized lenders to pay PPP loan agents a fee between a quarter and one percent of the loan depending on the amount borrowed. (Complaint, ¶ 1.) By April 6, 2020, Plaintiff had a cache of over $10,000,000 worth of PPP applications that needed to be processed by an authorized financial institution. (Complaint, ¶ 12.) On that day, Plaintiff comm...

Excerpt: ...4 – 6 This matter will be heard by the Honorable Judge William J. Monahan in Department 20 in the Old Courthouse, 2nd Floor, 161 North First Street, 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 5 April 2021. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON DEFENDANT COUNTY OF SANTA CLARA'S DEMURRER TO PLAINTIFFS' FIR...

Excerpt: ...tative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 30 March 2021. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON DEFENDANT COVIA COMMUNITIES DBA WEBSTER HOUSE AND MELISSA FREDERICK, M.D.'S (1) DEMURRER TO PLAINTIFFS' FOURTH AMENDED COMPLAINT AND (2) MOTION TO STRIKE PLAINTIFFS' FOURTH AMENDED COMPLAINT I. Statement of Facts. On or about 17 March 2018, Frank ...

Excerpt: ... ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 30 March 2021. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION FOR RELIEF FROM WAIVER OF OBJECTIONS TO PLAINTIFF'S DISCOVERY REQUESTS FOR EXCUSABLE NEGLECT The following motion(s) came on regularly for hearing on April 1, 2021, at 9:00 a.m. in Department 20, Honorable William J. Monahan presiding. The matter...

Excerpt: ... ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 30 March 2021. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON PLAINTIFF'S MOTION TO COMPEL RESPONSES TO FIVE SETS OF DISCOVERY AND REQUEST FOR MONETARY SANCTIONS The following motion(s) came on regularly for hearing on April 1, 2021, at 9:00 a.m. in Department 20, Honorable William J. Monahan presiding. The matter...

Excerpt: ...tative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 29 March 2021. Please specify the issue to be contested when calling the Court and Counsel. Judge Monahan disclosed that his sibling works as an employee assembling vehicles for Plaintiff Tesla, Inc. ORDER ON (1) DEFENDANTS RIVIAN AUTOMOTIVE, INC. AND RIVIAN AUTOMOTIVE, LLC'S DEMURRER TO SECOND AMENDED COMPLAINT; (2) DEFENDANTS SAVAYIA BERO, TAMI...

Excerpt: ...rassment, denial of employment benefits and other adverse actions that traumatized and disabled Plaintiff from working due to major depression and anxiety disorder. (See complaint, ¶ 7.) In February 2006, upon his placement on medical leave, Plaintiff filed a workers' compensation claim with the risk management of City's Human Resources department (“HR”). (See complaint, ¶ 8.) In May 2006, the independent Qualified Medical Evaluator (“QME...

Excerpt: ...CLA's Institute for Technology Advancement (“ITA”) and suggested that Plaintiff present to ITA. (Id.) On October 7, 2009, Plaintiff provided Konda Tech's business presentation to Markovic and ITA in confidence. (Id.) On October 12, 2009, just prior to presenting to ITA, Markovic, for the first time, indicated that Plaintiff should not expect ITA to fund Konda Tech because ITA does not fund technologies built outside UCLA. (Id.) ITA rejected f...

Excerpt: ... 7‐ Eleven, Inc. formerly known as Southland Corporation (“7‐Eleven”), amended the lease to grant an additional ten years to them and two additional successive five‐year options. (UMF 2.) On June 30, 2009, 7‐Eleven exercised their option and renewed the lease for an additional five years beginning October 1, 2009 and ending on September 30, 2014 on the same conditions as provided in the lease. (UMF 3.) On December 30, 2013, 7‐Eleven...

Excerpt: ...on (“Plaintiff”) against Defendant New York Style Company (“Defendant”), Plaintiff's former employer. Plaintiff's original complaint was filed on July 17, 2020. The operative First Amended Complaint (“FAC”) was filed on October 15, 2020. The FAC alleges (at ¶16) that Plaintiff was terminated on April 27, 2020. The FAC further alleges (at ¶20) that Plaintiff filed a complaint with the DFEH on August 25, 2020, after the original compl...

Excerpt: ...endant”), an Illinois LLC, over the enforceability of a non‐competition and non‐solicitation clause in his written employment agreement, which for an 18 month period after the employment ends barred Plaintiff from working for or doing business with essentially anyone he came into contact with during his employment with Defendant. The agreement also contained a forum selection clause requiring any legal disputes to be heard in Illinois. Ther...

Excerpt: ...rocedural Background This is a personal injury action. According to the allegations of the operative FAC, on December 14, 2017, Miskell and Doe defendants 1 to 20 negligently operated a motor vehicle at South McGliney Lane in Campbell, California, causing injuries and damages to Plaintiff. (Complaint, ¶¶ MV‐1, MV‐2, & 11.) Defendant Corinthian Ground Transportation, L.A., Inc., defendant Jason Spaits (“Spaits”), Knapp, and Doe defendant...

Excerpt: ...ay Wages; 6) Common Count; 7) Violation of Labor Code §203; 8) Conversion; 9) Violation of Labor Code §2802, and; 10) Unfair Competition. Currently before the Court are Plaintiff's separately filed motions to compel 1) further responses to requests for production of documents (“RFPDs”) from Defendant ViewRay Technologies, Inc., filed February 18, 2020 and originally set for hearing on May 5, 2010, and; 2) further responses to form interroga...

Excerpt: ... ¶7.) Plaintiff Rad and defendant Pakdaman entered into a written fee agreement on August 1, 2017. (Id.) Pursuant to the written agreement, plaintiff Rad agreed to represent defendant Pakdaman in the Underlying Action and defendant Pakdaman agreed to pay plaintiff Rad legal fees for services rendered on behalf of defendant Pakdaman calculated at the normal hourly rates and agreed to reimburse plaintiff Rad for costs incurred. (Complaint, ¶8.) D...