Excerpt: ...hinny Duong (Duong”)(co llectively, “Individual Defendants”), and Does 1 through 10. Plaintiff asserts his first cause of action for violations of his First Amendment to the U.S. Constitution and Section 3(a) of the California Constitution and his second cause of action for retaliation for filing an age discrimination complaint. On May 2, 2022, Plaintiff filed his 105- page First Amended Complaint adding additional causes of action. On F...

Excerpt: ...tes in San Martin, California (“San Martin Property”). (FAC at ¶ 12.) To purchase the property, Plaintiff obtained a first position mortgage against the property and concurrently executed a Deed of Trust as security for the note. (Id. at ¶ 13.) Defendant SPS is the current servicer of the first lien mortgage and mortgage servicer of the loan. (Ibid.) In December 2021, Plaintiff purchased a second home located at 4535 Alta Tupelo Drive in ...

Excerpt: ...tration Act (“CAA”) and the Califor nia 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: ...amento is a prop er court under that rule. [CCP § 395(a).] 2. Litigating in the Court will increase significant burden and inconvenience to nonparty witnesses. [CCP § 397(C).] (Defendant's Notice of Motion, p. 2.) However, Defendant failed to file any declarations (or evi dence) with her moving papers. As the moving party, Defendant “must overcome the presumption that the plaintiff has selected the proper venue. (Mitchell v. Superior Court ...

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: ... 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 ...