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: ...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: ... 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.�...