Excerpt: ...scales in favor of arbitrability, Cione v. Foresters Equity Servs., Inc. (1997) 58 Ca1.App.4th 625, 642, and courts will indulge every intendment to give effect to arbitration proceedings. Powers v. Dickson, Carlson & Campillo (1997) 54 Cal.App.4th 1102, 1109. Plaintiff contends that the agreement is both procedurally and substantively unconscionable, such that it cannot be enforced. “'[T]he doctrine of unconscionability has both a procedural a...

Excerpt: ...views for more than three decades and earned multiple raises. (UMFs 5 -6.) Plaintiff's supervisor, Megan Doyle (“Doyle”) was pleased with Plaintiff's work performance and colleagues described her as professional and helpful. (UMFs 7, 9, 10.) In early 2018, Plaintiff considered retiring but Doyle persuaded her to delay retirement. (UMFs 11, 13.) In July 2018, Plaintiff learned that three white employees were given promotions that were created ...

Excerpt: ...cate that in early 2019, Pla intiff moved onto a property in San Jose (“the Property”), owned by Weirauch. The parties verbally agreed that Plaintiff could reside at the Property. Plaintiff and Weirauch agreed that Plaintiff would help take care of the house and dogs; however, Plainti ff did not believe he was an employee. Plaintiff alleges there was no understanding that he would no longer be allowed to reside at the Property if Weirauch no ...

Excerpt: ...sibling. (Ibid.) Plaintiff's action stems from Sandra Copas' volatile relationship with both Plaintiff and their mother, Keiko Neil (“Mother,”) an 89year -old widow and a “Hiroshima survivor.” (Complaint, ¶ 11.) Plaintiff claims he is a real estate de veloper “with an excellent business reputation,” and Defendants procured money from Plaintiff via “nefarious means,” resulting in Plaintiff's financial and emotional injury. (Compl...

Excerpt: ...on for the pseudo aneurysm, performed by defendant Fabio Komlos, M.D. (“Komlos”). (See complaint, ¶ 13.) On October 6, 2020, it was discovered that Plaintiff had sustained a ruptured right femoral pseudoaneurysm along with acquired/iatrogenic right femoral AV fistula, for which she required emergent surgery. (See complaint, ¶ 14.) Plaintiff alleges that Levy and Komlos breached their duty of care by failing to perform the underlying ablati...

Excerpt: ...E. Apt. 304 in Shoreline, Washington, 14018 Juanita Dr. N.E. Apt. C6 in Kirkland, Washington and 2100 N. 106th St. Unit 204 in Seattle, Washington. (See SAC, ¶¶ 8 -12.) The parties agreed that Taiebat would put down the down payment for the properties and manage them and would ge t that money back upon sale. (See SAC, ¶ 13.) Some of these properties were sold; however, Taiebat was never paid back his down payments. (See SAC, ¶ 14.) The partie...

Excerpt: ...��FAC”) filed by Plaintiff. I. Background A. Factual According to allegations in the FAC, Plaintiff, who is currently 34 years old, was a student at Jeanne Meadows Elementary School (“Jeanne Meadows”) located in Santa Clara County. (FAC, ¶¶ 4, 11.) Jeanne Meadows was an agent of Def endant, a public entity and school district. (FAC, ¶¶ 17 -18.) Defendant employed Dikran Missak Daderian (“Daderian,”) a then Jeanne Meadows substitute...

Excerpt: ...Beau for the purchase of renewa ble energy generated by a solar photovoltaic electricity generating facility (“the Facility”) constructed, owned, and operated by BigBeau (“the Project”). (Complaint (“Compl.”), ¶¶ 1, 19.) Plaintiffs negotiated with EDF Renewable Development (a parent com pany of BigBeau) regarding the terms and conditions of the Project. (Compl., ¶ 18.) On October 25, 2018, Defendant executed renewable energy purcha...

Excerpt: ...perty (now along with he r husband).8 (Complaint, ¶ 4.) Plaintiff contends he owns the remaining 50% interest in the Property, and Defendant asserts that he owns the same 50% interest. (Complaint, ¶ 3.) Sometime prior to 2006, Plaintiff purchased the Property for $300,000. ( Complaint, ¶ 9.) On January 6, 2006, Plaintiff Trung agreed to a family transfer of the Property to his sister Trinh and brother, Defendant Linh, as joint tenants. (Compla...

Excerpt: ...iff therefore did not have at the time of the initial deposition. Plaintiff also asserts that it needs to ask Defendant's PMQ about the development of Cloudknox's technology —topics 5 -9, 11 and 12. Plaintiff's argument for why it did not ask questions on topics 5 -9 and 11 -12 ea rlier is because two of the witnesses it seeks to ask about, though represented by Defendant's counsel, only produced a few documents such that Plaintiff needs to get...

Excerpt: ...g his motorcycle on Air port Boulevard in San Jose, California. (Complaint, pp. 5- 6.) Specifically, while attempting to avoid a vehicular collision, Plaintiff struck a shuttle bus, partially severing his finger. (Complaint, p. 5.) During the accident, the condition of the subject road was allegedly “slick and dangerous,” rendering it unsafe. (Complaint, p. 6.) Plaintiff was subsequently transported to Santa Clara Valley Medical Center (“...

Excerpt: ...erminated on June 20, 2020. (First Amended Complaint (“FAC,”) ¶ 15.) On June 19, 2019, while performing his work -related duties, including cutting tile, Plaintiff injured his left thumb. (FAC, ¶ 23.) The next day, Plaintiff informed Defendant about his work- related injury. (Ibid.) Defendant's owner told Plaintiff that he could not report to work with his injuries. (Ibid.) A year later, on June 20, 2020, Defendant informed Plaintiff that h...

Excerpt: ... $2,206.24), plus an additional $240 in costs and $1200 in fees related to this motion, for a total of $3,464.24. (Decl. of Nahal). Plaintiff objects arguing (1) Defendant is not the prevailing party as the case is ongoing and that the case was dismissed here on a proce dural or jurisdictional ground, not on a substantive basis; and (2) in any event attorney fees under CCP 1717.5 are not allowed at this point since it has not yet been determined ...

Excerpt: ...il to discuss replacement of a shared good neighbor fence at the property line between the two properties. (FAC, ¶ 9.) The parties did not reach an agreement. (Id., ¶¶ 10 -14.) Defendants also parked vehicles by the curb in front of Plaintiffs' house, despite Plaintiffs' asking the m to stop. (Id., ¶¶ 16 -17.) In retaliation against Plaintiffs, Defendants filed three police reports making false allegations against Plaintiffs. (Id., ¶¶ 19,...

Excerpt: ...R - Stor, Inc. (“R -Stor”) . (Complaint, ¶ 7.) Plaintiff did not release PacketFabric from liability under the Agreement. (Id., ¶ 8.) On or about April 1, 2023, Defendants PacketFabric and R -Stor (“Defendants”) placed an order with Plaintiff for software and services under the Agree ment for a price of $1,961,695.42. (Complaint, ¶ 9.) Plaintiff provided the software and services pursuant to the Agreement. (Id., ¶ 10.) Defendants made...

Excerpt: ...e at the Property. Plaintiff and Weirauch agreed that Plaintiff would help take care of the house and dogs; however, Plaintiff did not believe he was an employee. Plaintiff alleges there was no understanding that he would no longer be allowed to reside at the Property if Weirauch no longer wanted assistance with the dogs or house. On April 28, 2022, Weirauch texted Plaintiff that he needed to have his belongings out by Saturday. On April 30, 2022...

Excerpt: ...FAs to respond; (2) INCIDENT was not defined specifically enough in the FIs; and (3) the RFP are not sufficiently limited in time; (4) RFP #9 asks for the private information of nonparty tenants, and Plaintiff refused to make modifications to the SIs in writing. In additi on, Defendants claim that Plaintiff's meet and confer efforts were insufficient and that the sanctions request does not comply with CCP §2023.040 and should be denied. Based...

Excerpt: ...ns of the FAC, on December 27, 19 61, the Benson Estate gifted “O'Connor Hospital” a ten percent interest in property located at 95 S. Market Street, San Jose, California (“the Property”) under a probated will. (FAC, ¶¶ 6 -7.) Around 1965, Plaintiff began managing the Property on behalf of beneficiaries of the Estate of Robert Francis Benson. (“Benson Estate”)1 (FAC, ¶ 1.) In July 1974, the Property owners entered into a “50 -ye...

Excerpt: ... Promise, and Co ncealment. In the complaint, Defendant Tashjian (hereinafter “Defendant”) is accused of conducting a fraudulent real estate transaction in which Plaintiffs were induced to pay and release a total of $1,744,000.00 to Defendant Tashjian with no secured inte rest. The property was later lost to foreclosure before construction and sale could be completed. Plaintiffs filed a First Amended Complaint on January 1, 2024, against the...

Excerpt: ... State Univers ity (“Defendant”) in 2014. (See complaint, ¶ 20.) Thereafter, Defendant discriminated against employees based on age and gender, harassed employees based on age and gender, fraudulently concealed wage and hour violations, misclassified workers, and faile d and refused to pay overtime wages. (See complaint, ¶ 21.) In January 2019, Plaintiff began experiencing serious, severe and pervasive harassment and discrimination based o...

Excerpt: ...Real Estate Services (collectively, “A meriland”), Jose Adame (“Adame”), Silvia Ibarra (“Ibarra”), Benjamin Calderon, Domingo Armendariz, and Does 1 through 125 (collectively, “Defendants”). Petra is the mother of decedent Michael Daniel Zuniga -Macias (“Decedent”). (FAC, ¶ 21.) Jeremiah is Deced e n t 's brother. (Id. at ¶ 22.) Augustina owns the property at 490 Las Animas Ave., Gilroy (“490 Property”). (FAC, ¶ 6.) Reb...

Excerpt: ...in the property to Tam. (See complaint, ¶¶ 8 -9.) On January 13, 2017, Tam caused a grant deed (“Grant Deed 1”) to be recorded in the Santa Clara County Recorder's Office that purported to state that Plaintiff had granted and delivered to Tam a share of Plaintiff's property for no consideration in joint tenancy with Tam. (See complaint, ¶ 5.) However, Plaintiff never agreed to give Tam a share of the property. (Id.) On August 17, 2017, def...

Excerpt: ...��SAC,”) Plaintiff has been the owner of real property located at 2664 Senter Road, Unit No. 116, San Jose, California (“the Property”) since 1990. (SAC, ¶ 1.) FCMC is a collection agency and the “servicer of the beneficiary,” Wilmington Savings Fund, FSB (“Wilmington”). (SAC, ¶ 3.) Wilmingt on functions solely as a “Certificate of Trustee” of Bosco Credit VI Trust Series 2011 -1. (Ibid.) The SAC alleges Plaintiff signed a p...

Excerpt: ...aint (“FAC”), ¶ 6.) In the summer of 2020, Long and Cordano invited Plaintiffs to participate as investors in Prime Impact. (FAC, ¶ 8.) On or around September 1, 2020, the parties entered into an agreement (“the Agreement”) whereby Plaintiffs became Investment Members of Prime Impact and McLea n became a manager of Prime Impact and sat on its Board of Directors. (Id. at ¶ 9.) The Agreement contains no provisions by which an Investment ...

Excerpt: ...o sign certain vendor cr edit applications that, unbeknownst to Plaintiff, included personal guaranties against both Plaintiff and the CEO. (See TAC, ¶ 11.) On June 30, 2016, defendant Ron Jankov (“Jankov”) had Plaintiff sign an indemnification agreement concerning the personal guarantees on the credit application Plaintiff signed. (See TAC, ¶ 12.) Platinum also obtained insurance policies from Berkeley Select and expressly represented tha...

Excerpt: ... Plaintiff said d uring an all-day meeting on July 18, 2018. Plaintiff makes no attempt to limit the subject of the matter of the statements to anything relevant, which it could have done. As such the request is DENIED. SI 16 and SI 17 In paragraph 22 of its cross -complain t, Defendant states that it “negotiated for a contractual mechanism to minimize its losses, to terminate and simply get out of the PPAS on mutually agreed and clear terms.�...

Excerpt: ...On January 31, 2023, Plaintiff sued Defendant for negligence. On April 13, 2023, Defendant presented a claim against the Courty of Santa Clara (“County”) for personal injuries that he sustained in the bicycle accident with Plaintiff. Defendant specified that the County was li able pursuant to Govt. Code § 835 (dangerous condition) and it indicated that that Plaintiff, an employee of the DOT, was involved in the injury to Defendant. See Ex. ...

Excerpt: ...ase agreement with CFEP (“Agreeme nt,”) and Edward Fields, a managing member of Westfield (“Fields” or “Defendant,”) executed a written Guaranty of Lease (the “Guaranty”) (Complaint, ¶¶ 11 -13.) As part of Plaintiff's acquisition, CFEP assigned its “rights, title, and interest,” in both the Agreement and Guaranty, to Plaintiff. (Complaint, ¶ 14.) After Plaintiff became the landlord of the Subject Building, Westfield and F...

Excerpt: ...FAC, ¶ 10.) Thirthala and Garlapati are the owners of the Property. (FAC, ¶ 6.) Mr. Medina is over the age of 80. (Id. at ¶ 11.) On April 8, 2022, Mr. Medina received notice from the senior regional manager of BAP, which stated that the owners of the building intended to relocate to the area an d move into Plaintiffs' unit. (FAC, ¶ 12.) The Property owners, and manager, had knowledge that the owners would not actually move into Plaintiffs' un...

Excerpt: ...nc. filed an action to have a co nservator appointed over Lorraine. (See FAC, ¶ 11.) Plaintiff retained defendant Howard G. Frank dba The Law Office of Howard G. Frank (“Defendant”) to represent her as a beneficiary of the Korpontinos 1988 Revocable Trust Agreement (“Trust”) and the subtrusts —the Lorraine A. Korpontinos Survivor's Trust (“Survivor's Trust”), the Lorraine A. Korpontinos Marital Trust (“Marital Trust”), and th...

Excerpt: ... statutory fee -shifting provision do es not indicate any restrictions on how the fee award is to be calculated, it is presumed that the Legislature intended courts to use the prevailing lodestar adjustment method. Pasternack v. McCullough, 65 Cal. App. 5th 1050, 1055 (2021). The method begins with calculation of the lodestar, i.e. the number of hours reasonably expended multiplied by the reasonable hourly rate. Id. The lodestar figure may then ...

Excerpt: ...9, he entered into a warra nty contract with Defendant and purchased a defective 2019 Chevrolet Silverado 1500 (“Subject Vehicle”) that was manufactured by Defendant. (Complaint, ¶¶ 12, 14, 28 - 30.) In connection with this purchase, Plaintiff received an express written warranty prov iding that Defendants would repair the Vehicle in the event it developed a defect during the warranty period. (Id., ¶¶ 14, 16, 18 -19; Ex. 1.) Plaintiff als...

Excerpt: ...t, ¶¶ 17-18, exh. A.) Paragraph 10 of the agreement states: 10. Arbitration. Any controversy or claim (except those regarding Inventions, Proprietary Information or intellectual property) arising out of or relating to this Agreement, or the breach thereof shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment on the award rendered by the arbitrator may be entered...

Excerpt: ...mon areas on the subdi vision map of Tract No. 10108, file no. 21798266 in San Jose (“Project”). (See TAC, ¶¶ 2, 14.) However, as a result of Defendant's omissions and actions, there were numerous latent defects at the Project, including: missing head flashings at windows and doors, improperly installed stucco and stucco accessories, improperly installed self- adhered membrane and building paper, improperly installed lath, improperly inst...

Excerpt: ... attached to Dec. of Fineman. Defendant is correct that Plaintiff was not a party to the contract, and therefore lacks standing to bring suit. California law provides that “[e]very action must be prosecuted in the name of the real party in interest[.]” Code Civ. Proc. § 36 7. A real party in interest is generally defined as “the person possessing the right sued upon by reason of the substantive law.” Redevelopment Agency of San Diego v....

Excerpt: ...mplaint (“FAC”), ¶ 4.) Loren z is the Chief Executive Officer of County Hospital/SCVMC. (Id. at ¶¶ 2, 3(a).) During Plaintiff's employment, he observed County Hospital's failure to maintain a sanitary environment and improper handling of materials, including surgical instruments. (FA C, ¶ 11.) On and after September 2022, Plaintiff informed several people that certain instruments were incorrectly sterilized and had been incorrectly steril...

Excerpt: ...(“San Jose City”) (collectiv e l y, “City Defendants,”), and the County of Santa Clara (“Santa Clara County”) (collectively, “Defendants.”) Plaintiffs Valdez and Garrett were employed by Kiewit6 Infrastructure West Corporation (“Kiewit Corporation”) as Journeyman Pipe Fitters, working a t San Jose-Santa Clara Regional Wastewater Facility (“Wastewater Facility.”) (FAC, ¶ 19.) The Wastewater Facility is jointly owned and op...

Excerpt: ...t, but from the breach of the separate Noncompetition and Nonsolicitation Agreement (“Noncompetition Agreement”) between the parties. Plaintiff argues that because the Noncompetition Agreement does not contain an arbitration clause, it cannot be compelled to arbitration. Defendant responds that the Employment Agreement and Noncompetition Agreement should be read as one, citing both Civ. Code § 1642 and Fillpoint, LLC v. Maas (2012) 208 Cal.A...

Excerpt: ... now seek an o rder compelling GM to produce documents relating to (1) the SUBJECT Vehicle (RFP Nos. 1, 2, 3, 9, 14); (2) communications between Plaintiff and Defendant or those associated with Defendant (RFP Nos. 15 and 16); (3) documents relating to the call center, lo yalty program, after warrant assistance program, or technical hotline (RFP Nos. 31 -33); and (4) documents evidencing complaints made by California owners of the same make, model...

Excerpt: ... agent to serve. Plai ntiff has been unable to serve EMC. Defendant is a citizen of Canada and was a board director and significant shareholder of EMC. After another investigation, Plaintiff found a residential address for Defendant. In October 2023, Plaintiff engaged a Canadi an process server to conduct personal service on Defendant, but this was unsuccessful. In November or December 2023, Plaintiff retained a new process server who was able t...

Excerpt: ...merger of Plaintiff with Tal amantez' Castling Kids Chess, and then the hiring of Talamantez as Plaintiff's Director of Enrichment. (See TAC, ¶¶ 28, 3738.) On May 14, 2018, Talamantez executed a nondisclosure agreement with Plaintiff, in which he agreed not to disclose Plaintiff's c onfidential information or solicit its customers and to return all property in his possession at the time of termination with Plaintiff. (See TAC, ¶ 49, exh. D.) ...

Excerpt: ...2. (See complaint, ¶ 7.) Construction of the project was to be substantially completed by July 7, 2022. (See complaint, ¶ 8.) Plaintiffs contend that Premiere improperly over -excavated and demolished the base rock of an approved location of a 10,000 -gallon water tank with its foundation without notifying Plaintiffs, and the project ultimately was severely delayed and incomplete. (See complaint, ¶ 9.) Premiere stopped work and left the projec...

Excerpt: ...mstances, a defend ant must bring a motion to vacate and set aside default within six months of the date the default was entered. Code of Civil Proc. § 473(b) provides, in pertinent part, that: (b) The court may, upon any terms as may be just, relieve a party or his or her l egal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect....

Excerpt: ...ant is served by e mail and the Plaintiff asserts that Defendant has agreed to such service. The proof of service form specifically required Plaintiff to provide the authorizing code section for its method of service and unsurprisingly, Plaintiff offered none. Moreover, the Court Clerk indicated that service was not proper when it rejected the request for entry of default on March 2, 2022, noting that service was not proper. Plaintiff claims it ...

Excerpt: ...nts.”) I. Background A. Fac tual On July 14, 2021, Plaintiff was lawfully driving his car eastbound on El Camino Real in Mountain View, California (“Subject Location”) when Defendant Ossie B. Holt (“Holt” or “Defendant”), while operating a vehicle, caused an automobile collision. (F AC, ¶¶ 10, 15.) Prior to the collision, Defendant Holt, while driving at high speed behind Plaintiff, failed to stop and “violently” rear -ended P...

Excerpt: ...intiff now seeks an order compelling GM to produce responses to Requests for Production Nos. 8, 16 -19, 21 -22, 27, 34, 37, 40- 43, and 56. These requests seek (i) all documents relating to GM's internal analysis, investigations, communications, reports and design -related documents of the alleged “BATTERY DEFECT” in both the Subject Vehicle and other customers' vehicles (Request Nos. 16- 17, 19, 21 -22, and 40- 43); (ii) all documents relati...

Excerpt: .... Plaintiff now seeks an order compelling GM to produce documents relating to (1) the subject Vehicle (RFP Nos. 1, 2, 3, 7); (2) internal Knowledge and investigation Discovery (RFP Nos. 17, 22- 24, 35- 40); (3) documents concerning summaries and memos regarding transmission defects (RFP Nos. 41 -43, 47, 49, 50); (4) documents concerning buyback policies and procedures (RFP Nos. 55. 56. 65); (5) Communications with Governmental Agencies (and suppl...

Excerpt: ...n, ¶ BC -1, exh. A.) Baro n did not pay amounts owed pursuant to the contract and Plaintiff thus suffered contractual damages and additionally seeks interest. (See FAC, first cause of action, ¶¶ BC -2 -BC -5, second cause of action, ¶¶ CC -1 -CC -3, third cause of action, ¶¶ BC -1 -BC -5, fourth cause of action, ¶¶ CC -1 -CC -4.) On December 5, 2022, Plaintiff filed the FAC against Defendant, asserting causes of action for: 1) Breach o...

Excerpt: ...allegations of the Complaint, on July 28, 20201, Plaintiff tripped and fell on broken, raised and/or uneven pavement on the sidewalk located in front of 1904 Serge Ave., San Jose, California (“Subject Premises,”) sustaining serious injuries. (Complaint, ¶¶ 9, 13 -14, 19.) Plaintiff asserts that her injuries were the result of Defendant City's acts and omissions (Complaint, ¶ 10) and cross -complainant Kindig's2 negligent failure to maintai...

Excerpt: ...e context of Pla intiff's motion for RFP set one, and that the Court (J. Manoukian) issued an order on December 19, 2023 compelling Xilinx only to turn over the identity of the employees, but not their actual text messages. As such, the Court should not now compel the turn ing over of those same text messages. In reply, Plaintiff argues that because the Court was “deeply troubled” by Defendant's argument that text messages of its employees se...