Excerpt: ...eGestalt”), a California corporation. (TAC at ¶ 12.) Tigadi left the company in 2010 and his shares were distributed equally between Sahai and Bilugu. (Ibid.) In December 2012, Sahai and Bilugu created a shell entity, eGestalt Technologies, a Delaware corporation (“eGestalt-Del”). (TAC at ¶ 13.) In March 2015, the eGestalt-Del was renamed Aegify, Inc. (“Aegify”). (TAC at ¶ 15.) On February 1, 2010, Aegify made an offer of employment ...

Excerpt: ...d on the representations made by defendants Gibbs, Rana Rekhi (“Rekhi”) and YCI, Plaintiff was formed to create a parent corporation for the acquisition of RB, with three entity owners: Hurley Family Trust, Chamonix Holding, Inc., and YCI. (See FAC, ¶¶ 7-13.) Plaintiff was not in the business of selling alcohol and therefore relied upon the representations of Defendants Rekhi, Gibbs, and YCI. (FAC, ¶ 9.) Plaintiff relied on the following i...

Excerpt: ...gned a digital consent disclosure authorizing Defendant to obtain an investigative consumer report (“ICR”). (Complaint, ¶ 30.) Plaintiff alleges the disclosure was noncompliant and that he opted-in to request a copy of the report in the event of its procurement. (Ibid.) On July 19, 2022 and July 22, 2022, Defendant acquired electronic copies of the ICR from Asurint and Sterling, respectively. (Complaint, ¶¶ 31-33.) Asurint and Sterling are...

Excerpt: ...ner (“Emily”) is Klopp's niece. (Ibid.) Throughout his life, Klopp remained close to Jane and Emily, often assuring Emily that she would never have to worry about money. (Id. at ¶ 8.) When Jane was experiencing health problems in 2021, Klopp told Jane and Emily not to worry about the healthcare costs because he had “multiple millions of dollars” set aside for them. (Id. at ¶ 8.) Beginning in or about 2003, Klopp established several indi...

Excerpt: ...equests without either disclosing attorney client information or divulging information unrelated to this matter, and thus irrelevant. “Evidence Code section 954 confers a privilege to a client “to refuse to disclose, and to prevent another from disclosing, a confidential communication between client and lawyer.” A “confidential communication,” is defined as “information transmitted between a client and his or her lawyer in the course ...

Excerpt: ...causes of action for: 1) Reformation of contract; 2) Declaratory relief; 3) Declaratory relief; 4) Breach of lease; and, 5) Breach of the implied covenant of good faith and fair dealing. On May 20, 2022, Plaintiff served requests for production of documents on Defendant. (See Pulliam decl. in support of motion to compel compliance, ¶ 2, exh. A.) On July 5, 2022, Defendant provided verified responses and objections indicating that they would prod...

Excerpt: ...cable Family Trust (the “Boumis Trust”) are the current owners of the property adjacent to Plaintiff's property, located at 1072 Lincoln Avenue, San Jose, California, 95125 (“1072 Lincoln” or the “Boumis Property”). (See SAC, ¶ 10.) The Froom Trust is the current owner of real property located at 1060 Lincoln Avenue, San Jose, California, 95125 (“1060 Lincoln” or “Froom Property”). (See SAC, ¶ 11.) Plaintiff has been the tit...

Excerpt: ...tiff Youlin Wang (“Wang”) owns 100% of Magnolia and resides in China. (Id. at ¶ 2.) Guohua “Greg” Xiong (“Xiong”), Wang's brother-in-law, is an authorized agent for Magnolia and Wang (collectively, “Plaintiffs”). (Id. at ¶¶ 13-14.) Plaintiff Wang developed two new single family residences in Palo Alto, California, located at 3878 Magnolia Drive and 3880 Magnolia Drive. (SAC at ¶ 15.) Plaintiff Wang subsequently transferred own...

Excerpt: ...ndant Sanctuary Systems LLC (“Sanctuary”). (Id.) Between January 2020 and April 2020, Sanctuary, defendant 305 Consulting LLC (“305 Consulting”), defendant Benham Pourdeyhimi (“Pourdeyhimi”), defendant Bryan Sigler (“Bryan”), and defendant Robert Sigler (“Robert”) made representations to Plaintiffs that: (1) Sanctuary was an industry leader in the design, manufacture, testing, and distribution of respiratory mask materials for...

Excerpt: ...rdered them to conduct a face‐to‐face meet and confer and if that did not resolve the issues, to participate in an informal discovery conference (IDC). Because the parties were still in dispute over requests 3, 7, 8, 9, 12 and 21 at the December 13, 2022 hearing (see Minute Order of Jan. 4, 2023), this motion for protective hearing was set for February 2, 2023. The court notes that the parties' joint statement of December 6, 2022, included re...

Excerpt: ... of the foreclosure sale. (Id. at ¶¶ 21, 26.) Plaintiff's home was purchased at a trustee sale conducted by defendant Clear Recon. (See complaint, ¶ 25.) The trustee's deed upon sale shows that, after the payment of the unpaid debt, there remained excess foreclosure sale proceeds (“Excess Proceeds”) of roughly $1.6 million. (Ibid.) As Clear Recon's counsel, Aldridge sent Plaintiff and George a Notice of Surplus Funds on February 5, 2021. (...

Excerpt: ...l‐time job. (Ibid.) In addition to his employment at ATI, Plaintiff also maintained his own private law practice. (Ibid.) Around 2013, ATI became involved in litigation against another company. (Complaint, ¶ 13.) The litigation went on for seven years. (Ibid.) Plaintiff was involved in managing outside counsel, reviewing all substantial pleadings for discussions with them, consulting with them and ATI executives as to the status of the case, r...

Excerpt: ...ission, Inc. (“Allison”), Pacific Power Group, LLC (“Pacific Power”), and Coast Counties Truck & Equipment Company (“Coast”)(collectively, “Defendants”). (See Second Amended Complaint (“SAC”), ¶¶ 5‐12.) Plaintiff refers to Western, Superior, MJTS, and Murray as the “Delivery Defendants.” (See SAC, ¶ 14.) It refers to PACCAR, Allison, Pacific Power, and Coast as the “Manufacturer/Servicer Defendants.” (See SAC, ¶ ...

Excerpt: ...fendants) oppose the motion, claiming that the new proposed pleading is in direct contradiction of the original complaint and verified discovery responses. In the alternative, defendants request that the matter be continued to allow further discovery as to the cause of death. CLAIMS Both sides recognize that leave to amend is liberally granted. Defendants claim that no leave should be granted here, in essence, because plaintiff will not be able t...

Excerpt: ...re the occurrence of an Urban “liquidity event” creating distributable cash resources in such an amount sufficient to fully repay the loan. (See fourth amended complaint (“4AC”), ¶ 9.) On January 18, 2016, Plaintiff was informed of an Urban liquidity event, and Plaintiff made a written demand for repayment in May 2016. (See 4AC, ¶ 10.) In December 2009, Plaintiff made a payment of $124,000, leaving a balance due of $858,365, but Defenda...

Excerpt: ...e, California (“Property”). (Complaint at ¶ 6.) Plaintiff Patrick O'Hara (“Plaintiff”) alleges he, and at least one of his neighbors, made numerous requests to cut down tall, dry, dangerous outgrowth and remove homeless encampments from the Property. (Id. at ¶ 9.) Caltrans however failed to maintain the Property in safe condition prior to June 17, 2021. (Id. at ¶ 7.) As a consequence, a fire broke out injuring Plaintiff and destroying ...

Excerpt: ... (“Foust”), on February 9, 2016, Group One Construction, Inc. (“Group One”) entered into a written contract with cross‐defendant La Encina Development, LLC (“La Encina”) for the improvements located on the La Encina Residential Tract 10323 in San Jose. (See SAXC, ¶ 17.) La Encina agreed to timely and fully pay Group One $3.9 million plus Change Orders in exchange for Group One's performance of the contract. (Id.) The contract was s...

Excerpt: ...ez and Steve Ruben Gutierrez, III, are the surviving daughter and son, respectively, of decedent Steve Ruben Gutierrez, Jr. (“Decedent”). (FAC at Attachment, p. 4.) Plaintiff Monica Renee Ruiz (“Monica”) is the surviving girlfriend of Decedent and mother of Decedent's children. (Ibid.) Plaintiff Raymond Ruiz (“Raymond”) is the brother of plaintiff Monica and the uncle to Decedent's children. (Ibid.) All plaintiffs are collectively ref...

Excerpt: ..., filed for divorce. (Id., ¶ 6.) Because of the dissolution action, Mr. Rodriguez was subject to an Automatic Temporary Restraining Order (“ATRO”), which restricted his ability and right to transfer community assets. (Ibid.) Defendants knew or should have known that Mr. Rodriguez was subject to the ATRO and had a revocable trust with Mrs. Rodriguez, “Gilbert Rodriguez and Linda R. Rodriguez 2004 Trust” (“Joint Trust”). The Joint Trus...

Excerpt: ...tionnaires, and results, employment physical examination reports, medical records, attendance records, evaluation reports, training manuals, reprimands, insurance records, benefits, injury reports, workers' compensation records, correspondence to or from any other person/entity, or other information, letters and other writings, instruments and/or documents of any and every kind or character whatsoever which pertains to the record subject. Plainti...

Excerpt: ...�25.) Plaintiff was terminated on August 26, 2021. (Id. ¶ 26.) Plaintiff was employed by three business entities, each named as a defendant, and collectively referred to as “Employers” in the complaint: Power Personnel, Inc. (“Power”), Stanford Health Care (“SHC”), and Global HR Partners, LLC, (“Global”). (See Complaint, ¶¶ 3‐6, 22.) At all times relevant to the complaint, Power owned and operated a private staffing agency (I...

Excerpt: ...t Vehicle, Plaintiffs reviewed the features and components of the Chevy Bolt on defendant GM's website, saw the window sticker affixed to the Subject Vehicle and spoke with dealership sales about the Chevy Bolt. (See FAC, ¶9.) Plaintiff Nawid Elyacy specifically asked the salesperson if the Chevy Bolt's lithium‐ion battery could catch on fire. (Id.) The salesperson assured plaintiff Nawid Elyacy that the lithium‐ion battery in the Subject Ve...

Excerpt: ...ruckers to a maximum number of hours they can drive between rest periods. (Ibid.) In or about December 2017, the FMCSA enacted an electronic logging device (“ELD”) mandate, which requires commercial motor vehicles to use ELDs. (Ibid.) The devices are designed to record data related to the operation of the vehicle and driver activity. (Ibid.) Driver information mainly concerns hours of service (“HOS”)–a permanent record of driving hours,...

Excerpt: ...as to the complaint, and on June 21, 2022, Petrini filed a proposed default judgment. On July 22, 2022, Crosscomplainants filed a request for entry of default as to the cross‐complaint. Court records show Petrini's application to enter default is pending, and there is no indication that her proposed default judgment has been signed by the clerk or by the court. On October 31, 2022, Petrini filed a motion to strike defendants' cross‐complaint,...

Excerpt: ...har”), and Park Capital Management, LLC (“Plaintiff” or “PCM”) entered into a limited partnership agreement (“Agreement”) to form Orchard Yield Fund I LP (“OYFLP” or “Partnership”). (See complaint, ¶¶ 3, 4, 10, 11.) The Agreement states that the general partner was OYF and that general partner may be removed only “for cause” when such cause is “reasonably determined in good faith upon the unanimous affirmative vote (...

Excerpt: ...was riding her bicycle on the farthest right portion of the roadway northbound on Mission College Blvd. about 571 feet west of Great America Parkway near a controlled intersection where Mission College Blvd. intersects itself. (FAC, ¶ 6.) At that time, defendant Sam Hysaj (“Hysaj”) was driving a semi‐truck tractor in the same location in the course and scope of his employment with defendant Best Overnight Express, Inc. (“Best Overnight�...

Excerpt: ...endant was admitted to pretrial military diversion under California Penal Code section 1001.80. Defendant has neither pled guilty to the charges nor have they been dismissed. Defendant filed a motion to stay the proceedings pending resolution of the criminal case, or alternatively to stay discovery for six months, on October 5, 2022. Plaintiffs filed an opposition on January 5, 2022, to which Defendant replied on January 11, 2022. SUMMARY OF CONT...

Excerpt: ...his Court to modify its Order of December 21, 2021 (hereinafter “the Order”) to compel arbitration and stay proceedings to make explicit that notwithstanding any agreement between Appellant and Respondent to arbitrate employment disputes, the Labor Commissioner has the right to investigate and prosecute, if warranted, the retaliation claim filed by Appellant under Labor Code Section 98.7. The Commissioner asserts this is warranted under Code ...

Excerpt: ...nt to Cal. Code of Civil Procedure § 36(f). Plaintiff and Cross‐Defendant Johnson Controls Fire Protection LP, Defendants Hyatt Corp., San Jose Hotel Partners, LLC, HPHH San Jose, LLC, and PNC Bank, and Defendant and Cross‐Complainant Metcalf Builders (hereinafter collectively referred to as “Defendants”) all filed oppositions to the motion for preference on either December 19, 2022 or January 3, 2023. WEG filed its reply to the oppositi...

Excerpt: ...t Feeva never authorized Gaskin to sign the 3/25/15 document on Feeva's behalf. (See FAC, ¶¶ 4‐7.) While Plaintiff admits to having signed the agreement, he thereafter revoked his offer before all of the other sixteen parties validly executed the March 25, 2015 document. (See FAC, ¶ 8.) In the underlying action, on September 12, 2014, Plaintiff moved for an order deeming that Kaufhold Gaskin LLP (“KG”) did not represent Feeva, referencin...

Excerpt: ...ew and sign an employment agreement because he had access to confidential information in the regular course of his job. (See XC, ¶ 10 and Exhibit 1.) The employment agreement defines RPO's “confidential information” to include customer lists and accounting records. (Id. at ¶ 11.) It also requires Litwin to protect RPO's confidential information during his employment and upon termination. (Id. at ¶¶ 12‐13). At or near the end of Litwin's...

Excerpt: ...�). (See SAC at p. 5.) After Plaintiff completed his shopping and put his bags in his vehicle, he was stopped by Mary Cayori (“Cayori”) from the City's police department. (Ibid.) She detained Plaintiff to determine if he had placed stolen items in his shopping bags. (Ibid.) Plaintiff responded he had a valid receipt for everything and encouraged the officer to review the store's video footage to confirm. (Id. at pp. 5‐6.) Following review o...

Excerpt: ...ated at 2830 Alum Rock Avenue San Jose CA, 95127, Santa Clara, California. (Complaint, ¶ 1.) Turner and Reandeau jointly presented a check from Flagstar that was made payable to both of them in the amount of $40,000. (Complaint, ¶ 2.) At the time, Citibank's teller examined the identification of Turner and Reandeau before they signed the check. (Complaint, ¶ 3.) After Reandeau signed the check, he stepped away to take a phone call. (Complaint,...

Excerpt: ...ly, MCM claims it is the prevailing party because Defendant dismissed its cross‐complaint after Plaintiff prevailed in its motion to reclassify the case to one of unlimited jurisdiction. MCM argues that its prevailing on the reclassification motion positively affected not only its position in the underlying case, as it resulted in Defendant voluntarily dismissing its cross‐complaint, but also in other cases brought by Defendant's counsel on b...

Excerpt: ...��) attended the Festival on the day of the shooting. (Complaint, ¶ 3.) Tragically, Irby was shot and died from his gunshot wounds. (Ibid.) Plaintiff is Irby's mother and sole heir. (Ibid.) Those responsible for the Festival failed to live up to their promises to provide a “safe, family‐friendly atmosphere” that would be without “weapons of any kind” and they failed to adhere to the most basic security requirements of having a secure p...

Excerpt: ...” or the “Subject Property”). According to the allegations of the operative SAC, plaintiff Vietnam Town Condominium Owners Association (“Plaintiff”) is a nonprofit mutual benefit corporation comprised of the owners of approximately two hundred and fifty‐six commercial condominium units within the Vietnam Town development located at 909‐999 Story Road. This action pertains to the 115 units located at 969, 979, 989 and 999 Story Road ...

Excerpt: ...business from January 1, 2016 to the present, excluding documents obtained specifically for use in this action.” Plaintiff's Separate Statement at pp23 and 25. Home Depot (hereinafter “defendant”) claims it need not provide documents responsive to these two requests because such documents contain “highly proprietary and confidential information, as well as trade secrets pertaining to Home Depot's business.”3 Defendant's Opposition at 4....

Excerpt: ...senting a multiplier of 1.35 on attorney fees; and (4) an additional $3,500.00 to review the opposition and draft the reply and attend the hearing. Plaintiff argues that the total fees sought are reasonable and properly recoverable because they were forced to litigate the case for approximately two years. Because of Fords failure to accept liability and make a reasonable settlement offer, Plaintiff chronicles the different motions that Plaintiff ...

Excerpt: ...n are: (1) Usury; (2) Fraud; (3) Unlawful Business Practices (violation of Business & Professions Code §17200, et seq.); (4) Breach of Contract; (5) Unjust Enrichment, and; (6) Declaratory Relief. Attached to the Complaint as exhibits A‐H are copies of various documents, including documents related to the loan and communications between the parties. Currently before the Court are a Demurrer to the Complaint and a Motion to Strike portions of t...

Excerpt: ...Defendants Joseph S. Lacob and Jean Lacob, personal representative of the Estate of David B. Lacob, demurred to the FAC. This court sustained the demurrer to all causes of action on June 6, 2022. Specifically, the Court permitted “10 days' leave to amend as to the claims arising from Plaintiff's untimely creditor's claim against the Estate of David Lacob.” In addition, the Court sustained defendants' demurrer to claims arising from Plaintiff'...

Excerpt: ...Plaintiff's rights under the state and federal constitutions and intentionally inflicted emotional distress. As noted, Plaintiff is self‐ represented, which is sometimes referred to as appearing in propria persona. “[W]hen a litigant is appearing in propria persona, he is entitled to the same, but no greater, consideration than other litigants and attorneys. Further, the in propria persona litigant is held to the same restrictive rules of pro...

Excerpt: ...tiff was 60 years old when terminated, while younger colleagues were retained); (2) Retaliation (in violation of the FEHA, alleging in ¶45 that Plaintiff objected to an “age‐based comment” from a supervisor in April 2019); (3) Failure to Prevent Discrimination (in violation of the FEHA), and; (4) Wrongful Termination. The Complaint alleges that Plaintiff was hired in July 2017, started work for Defendant in August, and was 60 years old as ...

Excerpt: ...ants 1 through 30, as employees of Defendant Bank (“Doe Defendants”). Plaintiff's former spouse was prohibited by a temporary restraining order from taking possession of Plaintiff's property – including her checking and savings accounts. (Id. at ¶¶ 11‐12.) Plaintiff alleges that in July 2019, Plaintiff's former spouse withdrew in separate transactions: (1) $100,000 and $45,000 from Plaintiff's savings account; and (2) $50,000 and $70,00...