Excerpt: ...) is a nonprofit California corporation, owned, controlled, directed, and operated by Doe 1, which included the church ("San Jose Congregation") that Plaintiff attended and the property where the unlawful acts of childhood sexual assault occurred. (ld. at '1 11.) Doe 1 was responsible for finalizing the appointments of Elders and Ministerial Servants, including Doe 3, from its headquarters in New York. (Complaint, '17.) The managing agents direct...

Excerpt: ...nd Parkmoor Avenue in San Jose, California ("Subject Location"). (ld. at '1 7.) At the same time, defendant David Allen was operating a light rail vehicle in the generally northbound direction towards the Subject (Ibid.) The light rail vehicle ran into Decedent, and she was killed. (ld. at 7.) Plaintiff alleges the train operator (Allen) and the VTA (collectively, "Defendants"), "failed to sound a horn or other device at or near the crossing, to ...

Excerpt: ...respond to the discovery requests or whether Plaintiff would need to obtain a Court order compelling response. On March 31, 2022, Mr. Klein emailed Plaintiff's counsel and stated he was encountering enormous difficulty in securing his clients' cooperation in responding to this written discovery. On May 3, 2022, a substitution of attorney for Defendant was filed which substituted Defendant as a self-represented party in place of Mr. Klein. Plainti...

Excerpt: ...rt "to honor the arbitration clause in the Client Manual." (Opp. at p. 3:7.) After Citibank failed to pay the administrative fee required by AAA and by statute (Code Civ. Proc., S 1281.97), AAA closed out the case, and Lee filed the present action in this court. Lee now contends that Citibank waived its right to compel arbitration, and the court agrees. Accordingly, the court denies the motion. Although a waiver of arbitration is generally not li...

Excerpt: ...ble because Defendants did not initial the arbitration clause, as they claim is required under Business and Professions Code S 7191. That section requires a line or space "for the parties to indicate their assent or nonassent to the arbitration provision" and it also requires a notice provision advising of the rights waived by agreeing to arbitrate. CA Cade S 7191(b). There is no dispute that the contract at issue complied with the general requir...

Excerpt: ...intiff"), and defendant Mosaic Dance and Fitness, LLC ("Mosaic") entered into a written lease agreement (the "Lease Agreement"). (FAC at '1 7.) Under the Lease Agreement, defendant Mosaic agreed to lease certain premises located at 3595 Stevens Creek Blvd. in Santa Clara, California ("Premises"), for a term of approximately two (2) years and two (2) months, beginning on or about November 1, 2019, and ending on or about December 31, 2021. (Ibid.) ...

Excerpt: ...alleges the following relevant facts: “On April 22, 2020… Plaintiff IRENE LOPEZ TARIN, was walking on Pine Ave. and tripped an [sic] fell due to a dangerous condition in the form of severely uneven pavement.” (FAC Prem. L-1.) Plaintiff alleges that “Defendants and each of them negligently and carelessly owned, operated, managed, entrusted, designed, and maintained said premises as to cause bodily injury to Plaintiff.” (FAC GN-1.) The FA...

Excerpt: ...endant to file a responsive pleading within five days. Defendant appealed the ruling on the motion to quash, and the appeal was ultimately dismissed. On 5/23/23, the Court permitted Plaintiff to re-file the action as an unlimited civil action, and on 5/24/23, Plaintiff filed the operative First Amended Complaint. On 6/12/23, Defendant filed a demurrer to the FAC, which is set for hearing today. 2. Demurrer a. Legal Standard on Demurrer A demurrer...

Excerpt: ...n Plaintiff Aric Cho (Plaintiff) and Defendant Kye Hyun Lee (Defendant). On 11/7/22, Plaintiff filed his original complaint which was captioned as a complaint for “intentional bodily injury.” On 12/9/22, Plaintiff filed his First Amended Complaint which no longer includes the reference to “intentional bodily injury” in the caption. However, the First Amended Complaint is based on the same allegations as the original complaint. After Plain...

Excerpt: ...ity to amend as the Opposition raises several issues which are susceptible of amendment if Plaintiff can overcome the claim-presentation defect. (2) Defendants' Motion to Strike is MOOTED. ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On March 18, 2021, Plaintiff, Alan Hall (“Plaintiff”) filed a Complaint against Defendant, City of Lawndale (“Defendant”). On February 8, 2022, Plaintiff filed a First Amended Complaint (“FAC”). On Octob...

Excerpt: ...tiff's entire petition without leave to amend, and the petition is therefore dismissed. REQUEST FOR JUDICIAL NOTICE: Respondent's request for judicial notice is granted. BACKGROUND Petitioner brings this action against Respondent in relation to the Los Angeles County Department of Regional Planning's (“DRP”) evaluation and recommendation of conditions of approval in Petitioner's Conditional Use Permit (“CUP”) Application No. RPPL201900266...

Excerpt: ...upervision. Plaintiff alleges he chose Defendant's office due to its proximity to Plaintiff's home, as Plaintiff is elderly and has poor vision, such that he prefers not to drive long distances. Plaintiff alleges Defendant made numerous errors and omissions in connection with his care and treatment. The most serious allegation concerns an event that took place on 9/02/21. Defendant assigned a new trainee phlebotomist to Plaintiff, and Defendant w...

Excerpt: ...upervision. Plaintiff alleges he chose Defendant's office due to its proximity to Plaintiff's home, as Plaintiff is elderly and has poor vision, such that he prefers not to drive long distances. Plaintiff alleges Defendant made numerous errors and omissions in connection with his care and treatment. The most serious allegation concerns an event that took place on 9/02/21. Defendant assigned a new trainee phlebotomist to Plaintiff, and Defendant w...

Excerpt: ...the parties in this and the related matter before this Court have filed a variety of motions so that the Court is well acquainted with the two lawsuits and the allegations. Secondarily, the Court is disappointed that what is essentially a pleading motion has been filed many years after suit was filed, as to matters that might well have been addressed by demurrer or by a few specifically targeted contention interrogatories. The opposition papers a...

Excerpt: ...1.) Thereafter, defendants Nancy Kim and her brother, defendant Timothy Kim (collectively, "Defendants"), occupied the Subject Property. (ld. at '1 9.) On or about August 15, 2018, plaintiff Park and defendant Nancy Kim agreed to extend the lease term for an additional six months. (Complaint at '1 10.) Defendant Nancy Kim gave her brother, Timothy Kim, power of attorney to enter into a written lease extension. (Ibid.) The rent increased to $3,750...

Excerpt: ...alleges the following relevant facts: “On April 22, 2020… Plaintiff IRENE LOPEZ TARIN, was walking on Pine Ave. and tripped an [sic] fell due to a dangerous condition in the form of severely uneven pavement.” (FAC Prem. L-1.) Plaintiff alleges that “Defendants and each of them negligently and carelessly owned, operated, managed, entrusted, designed, and maintained said premises as to cause bodily injury to Plaintiff.” (FAC GN-1.) The FA...

Excerpt: ...y 21, 2023, Defendant/Cross-Complainant THOMAS REYES, JR. (“Cross-Complainant” or “Reyes”) filed subject Second Amended Cross-Complaint (“SAXC”). The SAXC alleges, in pertinent part: “This Cross-Complaint centers around the fraud and breach of duties by Cross-Defendants to take control of Cross-Complainant's business and the Cross-Defendant's attempts to take Cross-Complainant's personal property that he created and owned before the...

Excerpt: ...with a grant date of January 1, 2020. (See complaint, "1 2-3.) The offer letter further states that the RSU grant shall be converted into "ordinary shares of YY Inc." subject to a conversation ratio of "10000/2774 (10000 RSU[s] equals 2774 ordinary shares of YY Inc.)." (See complaint, '13.) As of January 1, 2021, Plaintiff expected to have 5,091 shares in YY vested; however, instead, only 255 YY shares had vested. (See complaint, 4.) Plaintiff fo...

Excerpt: ...ase arises from a dispute between an insurer and its insured. Plaintiffs Carney Shegarian and Shekar Family Trust I (the “Trust”) formed Plaintiff 32453 PCH, LLC (the “LLC”) to buy and own property located at 32453 Pacific Coast Highway in Malibu (the “Property”). (Undisputed Material Facts (“UMF”) No. 1.) The LLC purchased the Property for $7,775,000. (UMF No. 56.) To insure the Property, Shegerian's broker (Greg Saffer) worked w...

Excerpt: ...ase arises from a dispute between an insurer and its insured. Plaintiffs Carney Shegarian and Shekar Family Trust I (the “Trust”) formed Plaintiff 32453 PCH, LLC (the “LLC”) to buy and own property located at 32453 Pacific Coast Highway in Malibu (the “Property”). (Undisputed Material Facts (“UMF”) No. 1.) The LLC purchased the Property for $7,775,000. (UMF No. 56.) To insure the Property, Shegerian's broker (Greg Saffer) worked w...

Excerpt: ...r PAGA for personally sustained violations and violations against other aggrieved employees. Except for specifically enumerated exceptions, the court must order the petitioner and respondent to arbitrate a controversy if the court finds that a written agreement to arbitrate the controversy exists. (See CCP §1281.2.) “In California, [g]eneral principles of contract law determine whether the parties have entered a binding agreement to arbitrate....

Excerpt: ...r PAGA for personally sustained violations and violations against other aggrieved employees. Except for specifically enumerated exceptions, the court must order the petitioner and respondent to arbitrate a controversy if the court finds that a written agreement to arbitrate the controversy exists. (See CCP §1281.2.) “In California, [g]eneral principles of contract law determine whether the parties have entered a binding agreement to arbitrate....

Excerpt: ...ubsequently purchased a defective 2016 Chevrolet Traverse ("Subject Vehicle") that was manufactured and warranted by Defendant. (Complaint ("Compl."), 11- 12, 15.) The Subject Vehicle had nonconformities including, but not limited to, transmission and engine issues which substantially impaired the use, value, and/or safety of the Subject Vehicle. (ld. at "1 15-17.) On January 28, 2022, Plaintiffs filed the operative Complaint, asserting the follo...

Excerpt: ...fiduciary duty, fraudulent inducement, intentional misrepresentation, breach of contract, and negligent misrepresentation. The cross-complaint arises out of the same business relationship that forms the basis of the complaint. 2. 2/14/23 Motion to Reopen Discovery On 2/14/23, the Court heard Plaintiffs' motion to reopen discovery. As it relates to today's motion, the Court ruled: Plaintiffs propounded a deposition subpoena for production of busin...

Excerpt: ...fiduciary duty, fraudulent inducement, intentional misrepresentation, breach of contract, and negligent misrepresentation. The cross-complaint arises out of the same business relationship that forms the basis of the complaint. 2. 2/14/23 Motion to Reopen Discovery On 2/14/23, the Court heard Plaintiffs' motion to reopen discovery. As it relates to today's motion, the Court ruled: Plaintiffs propounded a deposition subpoena for production of busin...

Excerpt: ...fiduciary duty, fraudulent inducement, intentional misrepresentation, breach of contract, and negligent misrepresentation. The cross-complaint arises out of the same business relationship that forms the basis of the complaint. 2. 2/14/23 Motion to Reopen Discovery On 2/14/23, the Court heard Plaintiffs' motion to reopen discovery. As it relates to today's motion, the Court ruled: Plaintiffs propounded a deposition subpoena for production of busin...

Excerpt: ...mended complaint (“FAC”). TENTATIVE RULING: The motion is denied. ANALYSIS The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. (Code Civ. Proc., § 436, subd. (a).) The court may also strike all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. (I...

Excerpt: ...by Lawrence Moroso. The incident occurred on The Old Road in Newhall, California. Lawrence died as a result of the injuries. Plaintiffs allege Jacob Sanchez was operating the vehicle on behalf of employer, defendant Newegg. On August 5, 2021, Plaintiffs filed a complaint for Negligence, Negligent Hiring, Negligent Entrustment, Negligent Supervision, and Survival Action. On September 9, 2021, Distinct Cars answered the complaint. On September 17, ...

Excerpt: ...ant John Reed engaged in an intentional and repeated stabbing that led to Donghi He Reed's wrongful death. (Compl. p. On January 19, 2021, a criminal complaint was filed in Santa Clara Court Case Number C2100651 charging Defendant John Reed with murder.2 Defendant has neither pleaded guilty to the charges, nor have they been dismissed. (Motion 2:21-22.). As of this date, an arraignment has been held and a trial setting has been scheduled for July...

Excerpt: ...tress, the entirety of Plaintiff's Third Cause of Action for Abuse of Process, and the entirety of Plaintiff's Fourth Cause of Acton for Malicious Prosecution under CCP 425.16. Defendants separately move to strike all but paragraphs 97-103 of the complaint under CCP S 435 and 436, subd. (a) as irrelevant and improper. Plaintiff's Motion to Continue The Court acknowledges that on June 30, 2023, Plaintiff filed a Motion to Continue the July 11, 202...

Excerpt: ...d at 577 Salmar Ave., Campbell, CA ("the Property"). (Li FAXC, '1 8.) The Property consists of a two-floor commercial building with office spaces. (Li FAXC, '1 10.) Jialin Niu ("Niu"), the owner of 577 Campbell, also owns CS8U, occupying the lower floor of the Property. Li, who owns and works for GSI Homes and GSI Properties ("GSI Entities") executed a written lease ("2018 Lease") with CS8U for Room 107 in the Property. (Li FAXC, 11, 12.) Since t...

Excerpt: ...ff's moton for an order compelling Defendant to provide further responses to Form Interrogatories (Set One), Special Interrogatories (Set One), and Request for Production of Documents and Electronically Stored Information (Set One). In addition, Plaintiff requests orders requiring Defendant to produce all responsive materials in its custody and control and requiring Defendant to pay monetary sanctions of $5,000. The hearing on Plaintiff's motion ...

Excerpt: ...intiff maintained his own private law practice. (Ibid.) In or around 2013, ATI became inwlved in litigation against another company. (FAC, 13.) Plaintiff was involved in managing outside counsel, consulting with outside counsel and ATI executives, researching areas of law for discussion with outside counsel, participating in witness and export depositions, participating in mediations, and having settlement discussions with the other company's gen...

Excerpt: ... Engineering, lnc„ and Northstar sought to overcharge him for repairs made after Singh or one of his vehicles damaged a building. After the court granted a motion for judgment on the pleadings, Singh filed a First Amended Complaint ("FAC") on October 15, 2021. Singh was representing himself and purportedly also representing SB Trucking. The parties appeared for a Case Management Conference on October 25, 2022. According to the minute order from...

Excerpt: ...) On December 11, 1997, Mr. Searle, as trustee of the Searle Family Trust, filed a complaint against Udi Fishman for quiet title, reformation, damages and injunctive relief because Mr. Fishman barricaded a road known as "Radio Road" to prevent Mr. Searle from use of the road, in Searle v. Fishman, etal. (Super. Ct. Santa Clara County, 1997, No. CV770743). (See Pl.'s opposition to demurrer to SAC, p.2:12-16.) In the Court's prior order regarding t...

Excerpt: ...ther for 11 years. (FACC at 6.) As the relationship progressed, Lim repeatedly communicated that Chan would be his "forever spouse" and that he did not want her to work. (Ibid.) He proposed to her that she not work and that he would take care of her. (Ibid.) Specifically, Lim communicated whatever assets he owned and received would also equally belong to Chan. (Ibid.) Chan agreed. (Ibid.) The parties' agreement included the following: (1) Lim pai...

Excerpt: ...hey are the true owners of the real property known as Birch Property that is subject to this action. (See id. at 8-10.) Plaintiffs allege that they purchased Birch Property in 2007 under the name of Abraham Oseguera's sister, Defendant Maria Oseguera. The title to Birch Property was in her name. (See id. at '1 15-16). There were specific conversations between Defendant Ivan Caballero and Plaintiff Abraham Oseguera on April 20, 2020, where Plainti...

Excerpt: ... relatively junior attorneys are not reasonable; and (4) Plaintiffs overstaffed the case causing excessive fees to be incurred. ANALYSIS Civil Code S 1717 permits the party prevailing on the contract to recover "reasonable attorneys fees." Defendants claim that Plaintiffs' claim of $731,380 in attorney fees is unreasonable and should be reduced for four reasons. Each reason is addressed in turn. 1. Whether the Fee Agreement Allows for Prelitigati...

Excerpt: ...censed physicians. (See complaint, GN-I at '1 1.) Defendants were negligent in their treatment of Plaintiff, who sustained damage as a result of the Defendants' improper treatment of a dislocated toe which later had to be amputated. (ld., at '1 2.) Defendants were the proximate cause of damages to Plaintiff. (ld., GN-I.) Plaintiff has suffered and continues to suffer pain, emotional distress, anxiety, depression, an inability to work at full capa...

Excerpt: ...breach of contract. The contract in question is a commercial lease (the "Lease") for approximately 39,700 square feet of the subject property, approximately 23% of the building. A copy of the Lease is attached to the complaint as Exhibit A. The complaint alleges that Defendant breached the Lease by not paying rent for the full term—i.e., through October 31, 2022. Instead, Defendant allegedly "vacated and abandoned" the rented portion of the sub...

Excerpt: ... Plaintiff went to the Restaurant, a place of public accommodation and a business establishment, intending to "avail himself of its goods, services, privileges or advantages" but also "motivated in part to determine if the Defendant complies with the disability access laws." (Compl., 8, 9.) Plaintiff qualifies as a "high- frequency litigant as defined by [Code of Civil Procedure section] 425.50[, subdivision] [He] is an ADA advocate and tester as...

Excerpt: ...n May 8, 2015. (FAC, '111.) Plaintiff was forced to sign a vendor credit application that placed a personal guarantee against Plaintiff and the CEO. (ld. at 12.) On June 30, 2016, Plaintiff was required to sign an indemnification agreement for the personal guarantees, and Platinum obtained indemnity insurance from defendants Admiral and QBE (collectively "Insurance Defendants") for its directors and officers. (ld. at '1 13.) Plaintiff was told th...

Excerpt: ...ployee Melissa Bearden ("Ms. Bearden") "loudly proclaimed" that Plaintiff had "engaged in sexual activity with [Elizabeth] ... which embarrassed both Plaintiff and [Elizabeth]." (Compl., Ex. 1, '13.) Plaintiff immediately stated that the claims were not true "while there were many people present when this statement was made" and Defendants also told Ms. Bearden to stop. (Ibid.) Elizabeth, a manager at Yoga Source, also told Plaintiff she would sp...

Excerpt: ...licon City ("KW") and escrow closed on April 1, 2022. (See XC, 15.) Subsequently, Ly discovered multiple undisclosed defects at the property regarding dangerous electrical and structural issues, and was damaged because CSI's principal, Cuanuhtemoc Martinez ("Martinez") represented to Ly that the subject property was a newly built home, when in fact it was a remodel, as the permits show, and the value of the home was less than she paid because of ...

Excerpt: ...ney through coercion, pressure and exploitation of his worsening dementia. Defendant has cross-complained claiming that Plaintiff has breached his promise to financially support her for the remainder of her life. MOTION Defendant propounded requests for production of documents and communications seeking investment, real estate, business interest, loan, insurance and money-transfer transactions from January 2016 to the present. Defendant asserts t...

Excerpt: ...or by the court, of the existence of a matter of law or fact that is relevant to an issue in the action without requiring formal proof of the matter." (Poseidon Development, Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1105, 1117.) In support of the motion, Defendants request judicial notice of the following: (1) Plaintiff's complaint; (2) Defendants' answer; and (3) the request for dismissal entered with prejudice as to defendant Le...

Excerpt: ...intiffs to defer collection of their billings, and Plaintiffs initially obliged; however, as their legal needs expanded, Plaintiffs began requiring progress payments as a condition of both continued representation and continued delay of legal action on the accrued balance. (See complaint, 16-17.) In addition to legal service invoices, Plaintiffs sent accountings to Defendants periodically. (See complaint, '1 18.) Defendants did not question the a...

Excerpt: ...of the signing of the loan agreement, Modesto Duran was in the hospital recovering from COVID; however, Zoe Hamilton, MF's representative, pressured Marisela to forge Modesto's signatures on the loan agreement. (See FAC, 35.) Defendants forced Plaintiffs to execute a promissory note— secured by a deed of trust to the home and Plaintiffs' commercial property at 373 South Twenty-Fourth Street in San Jose ("Commercial Property") for Plaintiffs' au...

Excerpt: ...ral defect, as Defendant was able to fully reply and has not prejudiced. Plaintiffs are reminded to comply with all rules of court going forward. Defendant next opposes the moton claiming that Plaintiffs have failed to meet their burden under S 3295(c). This provision states: No pretrial discovery by the plaintiff shall be with respect to the [financial condition of the defendant] unless the court enters an order permitting such discovery pursuan...

Excerpt: ...ective and was negligently repaired. Plaintiffs allege four causes of action under the Song-Beverly Consumer Warranty Act against FCA, the manufacturer of the car. Plaintiffs allege a single cause of action for negligent repair against Mathew Enterprise, an authorized repair facility. The sales contract for the car includes an arbitration agreement between the Plaintiffs and the dealer, the only signatories to the agreement. The arbitration agree...