Excerpt: ...Policy"). (FAC, '1 10.) In August 2019, Carpenter began the process of obtaining for Plaintiff, through Lincoln Financial Group ("Lincoln"), two additional life insurance policies for $7,500,000 each (the "Lincoln Policies"). (ld. at 11.) Carpenter told Plaintiff he would do a "1035 exchange" from the John Hancock Policy to the Lincoln Polices for an estimated total of $162,000. (ld. at '1 12.) The FAC further alleges Carpenter allowed the John H...

Excerpt: ...de, S 12900, et seq.) ("FEHA") against employee John Doe ("Doe"). Doe is a Dalit Indian, a caste at the bottom of the Indian hierarchy into which he was born. (Compl., 1.) Doe was recruited and hired at Cisco by 'yer in or around September 2015. (30.) At Cisco, Doe worked with a team of entirely Indian employees who all grew up in India and immigrated to the United States as adults. (Compl., 3.) Except for Doe, his entire team was from the high c...

Excerpt: ...ome located at 70 West Fifth Street in Morgan Hill, California. (See Complaint at GN-I.) On January 10, 2017, while this was in effect, a tree owned by defendant Chan, fell and landed on the house causing damage to the Insured's home. (ld. at GN-I, Prem. L-1.) Thereafter, Allstate, pursuant to the terms and conditions of the policy, paid certain claim payments for the aforementioned loss to the Insured's home. (Ibid.) Allstate alleges defendant C...

Excerpt: ...ardi Constructon Company ("Lusardi"), and Simmons Glass and Window, Inc. ("Simmons"). (ld. at 1, 11-14.) Plaintiff alleges the shower door in her hotel nnm shattered and onto her, causing severe bodily injuries and other damages. (ld. at '11.) According to Plaintiff, defendants are responsible for her injuries, including by failing to comply with safety standards and exercise ordinary care with respect to the shower door that caused her injuries....

Excerpt: ...ery responses from Plaintiff. Plaintiff opposes the motion. Discovery Motons Meet and Confer Efforts A moton to compel further discovery responses must be accompanied by a meet and confer declaration pursuant to Code of Civil Prmædure section 2016.040. Civ. Prtw, S 2033.290, subd. (b) [requests for admission]; Ctxle Civ. Proc., S 2030.300, (b)(l) [interrogatories].) Section 2016.040 requires a moving party to make a "reasonable and good faith at...

Excerpt: ...Jose known as "Downtown West." (See FAC, "11-2, 42-47.) Defendants Peter Gill Case2 , Matthew Owen Case3 , Warren Titus Weber, Ots Klingbeil, Laurance Rockefeller4 , Barbara Byron, Barbara Robin Tomasi, Theodore David Tomasi, Anne Marie Tomasi, Louisa Robins Hendrix, Leslie Kipp Hendrix, James Davis Robins, David Fuller Learnard, Fric Jan Spruyt, Alan 8. Spruyt, Emily Lee5 , Ava Learnard, Otto Learnard, Louise R. 03rd, Peter Adams6 , Christopher ...

Excerpt: ...ties share one child together, born in 2017. (Ibid.) During their relationship, the parties acquired multiple properties together, including their shared home in San Jose ("the Property"). (See FAC, 8-12.) The parties agreed that for each of the properties, Plaintiff would contribute the down payment, to be paid back upon sale of the properties. (ld. at 13.) Some of these properties have been sold, but Plaintiff was not paid his down payment. (ld...

Excerpt: ...reement' (3) who drafted Plaintiff's Agreement; or (4) information regarding the drafting history of the Agreement. Motion, pp5-7. Defendant opposes the motion arguing that Defendant has no knowledge regarding the facts alleged in the complaint, such that it would be a waste of time and money to depose him. Defendant also claims that, regardless of whether Mr. Hartigan is an "apex CEO," it is entitled to a protective order to protect it from unwa...

Excerpt: ...022. Plaintiff filed the operative pleading, the first amended complaint ("FAC") on May 15, 2023. The FAC alleges Plaintiff and the City of Milpitas signed a Residential Purchase Agreement and Joint Escrow Instructions ("2013 Contract") on October 18, 2013, formalizing the sale of the Condo to Plaintiff. (FAC, '1 12.) On January 15, 2018, Plaintiff opened escrowto record and close the 2013 Contract. (ld. at '1 11.) On March 1, 2018, City, Wong, a...

Excerpt: ...rray ("Murray"), Ronald Wayne Murphy, and Kenneth Steven Carpenter (collectively, "Individual Perpetrator Defendants") for allegations of childhood sexual abuse. In 1974, Individual Perpetrator Defendants were indicted for operating a child sex and photography ring involving hundreds of young boys. (TAC, '1 2.) The four men were indicted, convicted, and sent to prison, charged with numerous crimes involving children. (Ibid.) In or around 1972-197...

Excerpt: ... Gatos High School ("Los Gatos"). (FAC, '121.) On February 9, 2022, Los Gatos hosted a boys' varsity soccer game. (FAC, 22.) Rokini attend the extra-curricular activity. (Ibid.) Once the game ended, Rokini promptly attempted to leave the school facilities. (FAC, '1 23.) Near the school parking lot, Rokini and his friend were confronted by a group from behind the bleachers. (FAC, '1 24.) The group of students, comprised largely of male varsity ath...

Excerpt: ...earden ("Ms. Bearden") "loudly proclaimed" that Plaintiff had sex with Defendant, which embarrassed them both. (ld. at '1 6.) Plaintiff immediately stated that the claims were not true. (Ibid.) Defendant, a manager at Yoga Source, told Plaintiff she spoke with Ms. Bearden about the unprofessional behavior. (Ibid.) Defendant denied ever suggesting anything that would lead Ms. Bearden to "conclude any facts that would substantiate defamatory statem...

Excerpt: ...laint, '1 7.) The operating agreement states that the parties are members and managers of FJP and owe a fiduciary duty to one another. (See complaint, 11'18-10.) On December 29, 2017, Pastore formed NP, LC of which Pastore was the sole member. (See complaint, 11-13.) On January 1, 2018, FJP, as landlord, entered into a commercial lease with NP as the tenant for a term of five years from January 1, 2018 to December 31, 2022. (See complaint, '1 14....

Excerpt: ...IE On May 30, 2023, Plaintiff filed four motions to compel further discovery responses from H. Sarji, R. Sarji, and Entity Defendant. Defendants opposed the motons. II. Preliminary Matters a. Motions to Compel Against Individual Defendants On October 11, 2023, Plaintiff withdrew its motions to compel further responses to requests for document production against individual defendants H. Sarji and R. Sarji. Accordingly, the Court will not address t...

Excerpt: ...tin object's to Plaintiff's undertaking. Justin also moves to join in Defendant's moton to quash and evidentiary objections. Request for Judicial Notice Defendant requests judicial notice of the Second Amended Complaint (A), the docket in this case (B), the proof of service for the Application for Renewal of Judgment (C), the Notice of Levy (D), the Memorandum of Garnishee (E), and the Plaintiff's Undertaking (F). The request is granted as to Exh...

Excerpt: ...is action arises out of the alleged use of decedent Ivan Pesies ("Pesic") genetic material by Joyce Chin ("Chin") to conceive two children through the fertility performed by the Zouves Defendants. In February 2011, Pesic and Chin signed the Informed Consent and Agreement for Longterm Cryopreservation and Storage of Semen (the "Agreement") with the Zouves Defendants governing the storage and use of Pesic's sperm. The Agreement provided an initial ...

Excerpt: ...seudonym from the complaint, arguing that Plaintiff failed to allege facts demonstrating that she was permitted the use of a pseudonym given the presumption that judicial prueedings in civil cases are to be open. After SSH filed the motion, counsel for Plaintiff emailed counsel for Defendants, indicating that he found an additional case supporting the use of a pseudonym and that he that Defendants knew the identity of Plaintiff because "[ilf the ...

Excerpt: ...tay and for related sanctions, contending Compass waived the right to arbitration by falling to timely pay its share of the arbitration fee. (Plaintiff's memorandum of points and authorities, pp. 1, 4.) On September 7, 2023, Compass filed the second motion now the court, a motion to compel arbitration, contending it did not knowingly waive the right to arbitration because the attorney of record did not receive timely notce for the payment of the ...

Excerpt: ...m the Kyles on August 1, 2016. The business was purchased in part with a personal loan guaranteed by the RSL's managing member, Howard Misle. Following the sale, Recycling Specialists, LLC remained in debt to the Kyles in the amount of approximately $1.3 million. In early 2016, J&Y became aware that the Kyles were selling Recycling Specialists, Inc. and it received a copy of the written purchase and sale agreement around July of 2016. (Decl. of D...

Excerpt: ...good faith settlement determination pursuant to Code of Civil Procedure 5877.6. The City of Santa Clara ("City"), who was a codefendant but has been granted summary judgment, opposes the motion on the basis that the settlement relies on inadmissible evidence, ignores the applicable insurance policy limits, and is not in the ballpark for what the case is worth. EVIDENTIARY OBJECTIONS City objects to paragraphs 2-11, 26, and 31 of the declaration o...

Excerpt: ...(ld.) Plaintiff filed a claim with the Labor Commissioner on July 1, 2020; however, this claim was dismissed by the Labor Commissioner on June 30, 2021. (See complaint, 10.) Plaintiff filed a second claim with the Labor Commissioner on March 10, 2022, but this claim was closed after the Labor Commissioner declined jurisdiction on February 7, 2023. (ld.) On March 16, 2023, Plaintiff filed a complaint against Defendants, asserting causes of action ...

Excerpt: ... was a passenger in an aircraft that crashed, killing her and the other passengers aboard. On February 25, 2019, plaintiff Richard Pierce, individually and as successor-in-interest to the Estate of Stacey Pierce, and Brandon Pierce ("Plaintiff") filed a complaint against multiple defendants. Around November 2020, Plaintiff learned that Larry Fistolera may be liable for the plane crash, as he had inspected and serviced the plane. Mr. Fistolera pas...

Excerpt: ...round August 19, 2022, Defendants terminated Plaintiff. (Ibid.) The parties had an oral agreement with Prada whereby Defendants agreed to pay Plaintiff $1,000 per month to cook dinner for Shifter and sleep at her home. (Complaint, 15.) Prada communicated with Plaintiff multiple times through phone and text to discuss Plaintiff's employment responsibilities and to later end Plaintiff's employment. (Complaint, "1 16, 18, 19, 21, 23- 25.) However, P...

Excerpt: ...s where Plaintiff was not a party relating to flat pricing or off label use. Plaintiff lists numerous other short falls in the discovery on pages 6-7 of its motion, as well as prov-des evidence of Defendant's failure to look for relevant documents and information in fts reply. Plaintiff now seeks the discovery as well as monetary and issue sanctions for Defendant's willful behavior. Misuse of the discovery process includes "[dlisobeying a court o...

Excerpt: ...ting multiple demurrers to the complaint and first amended complaint, opposing plaintiff's motion for injunctive relief and motion for leave to amend, attending and preparing for the motions and other court appearances, responding to discovery, opposing Plaintiff's post-judgment motion for new trial, moton to tax costs and motion to stay enforcement of the judgment, work related to Plaintiffs appeal, and other litigation expenses. JUDICIAL NOTICE...