Excerpt: ... (“FPC”) enter ed a written subcontract agreement (“Subcontract”) in which Plaintiff agreed to provide construction labor, materials, and services relating to construction of Silvery Towers located at 188 W. St. James Street in San Jose including, but not limited to, furnishing and installing structural steel and miscellaneous metal work (“Project”). (First Amended Complaint (“FAC”), ¶¶10 and 18.) FPC agreed to pay Plaintiff the...

Excerpt: ...ool year, defendant K ip Glazer was MVHS's principal. (Complaint, ¶ 6.) For the fifth issue of that school year's edition of The Oracle, the students chose to write, edit, and publish an in -depth article about a culture of sexual harassment at MVHS (the “Article”). (Complaint , ¶ 12.) On March 24, 2023, MVHS Assistant Principal John Robell called Gomez and expressed concern regarding a student who might be named in the Article as a serial...

Excerpt: ...es. Acco rding to the SAC, Plaintiff went to the Burke Williams day spa in San Jose for her reserved facial on July 8th. (SAC, ¶ 13.) Using the women's locker room, Plaintiff removed all her clothing and put on a robe that was provided in the locker. (SAC, ¶ 15.) W hile waiting for her facial, Plaintiff confided with others that she had had a few alcoholic drinks at lunch and was ready to relax. (SAC, ¶ 16.) Once in the designated room, Plain...

Excerpt: ...omplaint, ¶ 12 .) James and Ann maintained and periodically revised a revocable living trust since approximately 1981. The last revision was in August of 2018, leaving equal shares to their children. (“2018 Trust”). (Id., ¶ 15.) In preparing the 2018 Trust, James learned Ann had been gifting large sums of money to their daughter and others without his knowledge and consent. James confronted Anne about these gifts and asked her to cease doin...

Excerpt: ...o Alto Police Depa rtment (“PAPD”), assigned to various divisions within PAPD. (Third Amended Complaint (“TAC”), ¶¶1 – 6 and 18.) Beginning in or around June 2020, defendant City of Palo Alto (“City”) officials sought out, encouraged, and paid artists to paint sixteen letter s on defendant City property that spelled out “Black Lives Matter” (“Mural”). (TAC, ¶¶19 – 20.) City manager, Ed Shikada, admits “the creation o...

Excerpt: ...rcle in San Jose (the “Property ”). (TAC, p. 2, ¶ 4.1) Plaintiff and h er son moved into the Prop erty i n Dec emb er 2019. (TAC, p. 3, ¶ 8.2) The monthly rental expense was $3,060. (TAC, p. 3, ¶ 9.) From the outset, Plaintiff encountered severe issues that disrupted her ability to live and reside there peacefully. (TAC, p. 3, ¶ 10.) The rental unit had unsanitary conditions and an infestation of rodents. (Ibid.) The power outlets in the ...

Excerpt: ...h is an informa tion technology services company headquartered in San Jose. (FAC, ¶ 10.) Plaintiff Jai Kumar alleges he was hired in November 2013 and held various positions in the company over the following six years until he was terminated in December 2019. (FAC, ¶¶ 10, 11.) According to Plaintiff, Jade Global, among other things, wrongfully demanded that he not discuss concerns about his compensation with other employees on the grounds that...

Excerpt: ...money being tran sferred from their bank accounts. One bank returned the money, the other did not. This suit followed. The August 23, 2022 invoice includes the following language at page 3: Dispute Resolution. Both you and Cellular Sales agree that any and all disputes between us of any nature whatsoever including without limitation tort claims and regardless of whether based upon or arising out of this transaction will be governed by the Cellula...

Excerpt: ... Rasier -CA LLC; and Uber Technologies, Inc. (“Uber”) (collectively, “Defendants”) operated Defendants' vehicle in such negligent manner as to cause a collision between plaintiff Ashish Sagar's (“Plaintiff”) vehicle and Defendants' vehicle, all of which caused serious injuries to Plaintiff. (Complaint, ¶¶12 and 17.) On September 10, 2021, Plaintiff filed a complaint against Defendants asserting a single cause of action for negligen...

Excerpt: ...il Procedure s ection 425.16. Plaintiff however requests that this motion be stayed, or, if not stayed, the amount of fees sought ($18,540) be reduced. Defendant opposes the motion. II. Legal Standard and Analysis Anti -SLAPP fee awards should include expenses incurred fo r all proceedings “directly related” to the special motion to strike and fees “addressing matters with factual or legal issues that are ‘inextricably intertwined' with t...

Excerpt: ..., Inc. (“PAFMG” ). (First Amended Complaint (“FAC”), ¶¶5 and 13.) Defendant Sutter Bay Medical Foundation (“Sutter”) was a joint employer of Dr. Wang along with defendant PAFMG. (FAC, ¶¶7 and 10.) Defendants Sutter and PAFMG (collectively, “Employers”) do business at the same address. (FAC, ¶10.) While defendant PAFMG paid. Wang, defendant Sutter also participated in the supervision of Dr. Wang's work schedule, duties, assign...

Excerpt: ...torial and buildi ng maintenance services. (Complaint, ¶ 3.) Joel Barrientos is employed by SBM as a supervisor at the jobsites where Plaintiffs worked. (Complaint, ¶ 4.) Meta Platforms, Inc. (“Meta”) is a Delaware corporation doing business as Facebook. (Complaint, ¶ 5.) Plaintiffs worked at Meta's campuses in Mountain View and Sunnyvale, and Meta controlled these job sites and had the authority to stop illegal activities occurring there....

Excerpt: ... Court, rule 3.1308, the Court issues its tentative ruling. I. BACKGROUND A. Factual This action arises out of care rendered by Dr. Sung, a veterinarian at VCA, to Plaintiff's cat, “Kitty” (aka “Kimmy”). According to the Second Amended Complaint (“SAC”), Plaintiff brought her cat to VCA to be evaluated on October 17, 2018. (SAC, ¶ 15.) Dr. Sung's physical exam indicated that Kitty's gait and musculoskeletal structure were normal. (Id...

Excerpt: ...was crossing M errill Avenue with an assistive device. (FAC, p. 6.) Instead of stopping to check on her or calling emergency services, Mai fled the scene. (Ibid.) Emergency services were only contacted when another driver came upon Ly's body and she was pronounced dea d at 6:05 a.m. (Ibid.) After fleeing the scene of the incident, Mai filed a false report claiming that the damage to her vehicle was caused by a shopping cart. (Ibid.) Plaintiffs...

Excerpt: ...t, p. 5.) While she was walking, she was struck from behind by defendants Raul Arias and Jose Mendoza who were travelling at high speeds on their bicycles. (Ibid.) Plaintiff filed her complaint on March 24, 2021 asserting (1) general negligence against Arias and Mendoza and (2) premises liability against the City. On January 20, 2023, City filed the instant motion, which Plaintiff opposes. II. Judicial Notice City requests judicial notice of th...

Excerpt: ...o design, build, and install kitchen and bathroom cabinets. Emil Eshagh was/is involved in the operation of The Perfect Finish. Subsequently, Plaintiffs filed suit against Eshagh and The Perfect Finish, DBA All Perfect Finish, for breach of contract, among other cl aims. On January 14, 2022, Plaintiffs obtained a default judgement against Eshagh and The Perfect Finish Inc. in the amount of $50,733.28. (FAC ¶¶ 8 -10.) On May 1, 2023, during a d...

Excerpt: ...dling t o make an offer to purchase a $1.3 million dollar property (the “Property”) for Love. (Ibid.) Love instructed Wandling not to inform LeRoy about the purchase, which would have required that Wandling deplete his entire life savings, apply his only source of income —social security payments — to purchase the Property, and assume mortgage payments in excess of $8,000 per month. (Ibid.) Plaintiff further alleges she prevented Love's a...

Excerpt: ...became ind ebted to LinkedIn in the amount of $227,655.61. (Complaint, ¶ 11.) Plaintiff is a California collection agency seeking to collect that debt. (Complaint, ¶¶ 5, 22.) On October 18, 2023, Plaintiff thus initiated this action alleging open book account and account stated and reasonable value. On March 12, 2024, Defendant moved to quash service of summons for lack of personal jurisdiction. Greg Casale, Defendant's Chief Executive Officer...

Excerpt: ...he common areas. A ccording to the allegations of the verified complaint, Plaintiffs are the record owners and residents of the condominium unit located at 175 W. Saint James St., Unit 105, San Jose, California (“Property”). (Complaint, ¶ 1.) The Property is part of a common interest development (“CID”) managed by the Association in accordance with its Governing Documents. (Complaint, ¶¶ 2 -3.) Defendant Christopher Gunnucio is the Pr...

Excerpt: ...s entered into a written lease agreement for a commercial space located in Angeles City, Philippines and owned by Defendant (“Property”). (Complaint ¶ 1) Both parties are residents in the State of California and the lease agreement was signed in California. The lea se agreement contains a choice -of -law provision stating “[t]his agreement is to be governed under the laws located in the State or Country where the premises is located.” (C...

Excerpt: ...'s activiti es relative to particular property. In this lawsuit, Plaintiff seeks a declaration that he is entitled to these distributions and preliminary relief preventing transfer of the property. Plaintiff recorded a lis pendens on the property, which defendant seek s to have expunged. The parties hotly dispute virtually every aspect of Plaintiff's allegations, including how Plaintiff came to be involved in the project, whether Plaintiff is eve...

Excerpt: ...fs do not di spute that they signed the transfer agreement knowing what the agreement was for or that the transfer agreement incorporates all the terms and conditions of the customer agreement. Nor do Plaintiffs dispute that the customer agreement they assumed includes this arbitration clause: Most customer concerns can be resolved quickly and amicably by calling Our customer service department at (877) 404 -4129. If Our customer service departme...

Excerpt: ...legations of the 5AC, Wilson was employed by SoundHound from November 29, 2011, to August 30, 2019. (5AC, ¶ 19.) SoundHound is a digital voice application company that enables humans to speak naturally to their smartphones and other devices. (5AC, ¶ 19.) Wilson was initially h ired as a Principal Engineer and later he was promoted to Architect. (5AC, ¶ 20.) He created a significant amount of SoundHound's intellectual property, and he was an i...

Excerpt: ... County since 2008. (FAC, ¶ 20.) In May 2018, Plaintiff transitioned to the Sheriff's office as a Management Analyst, on December 17, 2018, she was promoted to Senior Management Analyst, and on January 28, 2019, she was promoted to Program Manager II. (FAC, ¶ 21 -22. ) Sheriff Laurie Smith was one of Plaintiff's supervisors. (FAC, ¶ 13.) In January 2020, the District Attorney investigated misconduct in the Sheriff's Department, which included ...

Excerpt: ...a fraudulent sc heme to retire senior water rights vis- à-vis duplicitous water claims….for the construction and massive expansion of a luxurious private urban development” in Salt Lake City, Utah. (Complaint ¶ 2.) On September 26, 2014, Plaintiff filed suit under the Fed eral Claims Act in the Federal Court for the District of Utah relating to a public drinking water system in Salt Lake County operated by the Emigration Canyon Improvement...