Excerpt: ... Mr. Guo was evicted along with his sub-lessors. Mr. Guo sued Ms. Bhagat for $5zm which he claims represents four months of rent, in a small claims action. Ms. Bhagat sued Mr. Guo and Ms. Zhu for breach of quiet enjoyment of premises, harassment of tenant, breach of habitability, housing discrimination, negligence, intentional infliction of emotional distress, and unfair and unlawful business practices in an unlimited civil action. Ms. Zhu claims...

Excerpt: ...ling. l. undisputed Factual Background On or about October 5, 2006, Plaintiff obtained a $564,000.00 Loan ("the Loan") secured by real property located at 702 Flannery Street, Santa Clara, CA 95051. (Separate Statement of undisputed Material Facts ("SSUMF"), '1 1; Declaration of Kevin Flannigan ("Flannigan Decl.") 4, Ex. 1.) The Loan is evidenced by a Deed of Trust publicly recorded by the Santa Clara County Recorder on October 11, 2006. (SSUMF, ...

Excerpt: ...irst amended complaint, which asserted claims for (1) breach of contract; (2) fraud and deceit- promise without intent to perform; (3) intentional misrepresentation; (4) negligent misrepresentation; (5) conversion; (6) accounting; and (7) declaratory relief. On November 13, 2019, the Court issued its order sustaining Defendants' demurrer as to the fraud-based claims (the second, third, fourth and fifth causes of action) and overruling as to the r...

Excerpt: ...rding to Tesla, Autopilot provides numerous warnings and instructions to its users, both in the manual and in the car while the Tesla is in use, making clear that drivers need to keep their hands on the wheel and "be prepared to take over at any time" even while Autopilot is engaged. Tesla also argues that consumers are made aware of Autopilot's limitations in areas where, for example, the lanes are unclear, the light is low or the Tesla's camera...

Excerpt: ...tion pursuant to Code of Civil Procedure section 761.010 on May 30, 2023. CN One moves the Court to expunge the lis pendens. PP Elmdale owns apartment buildings located at 984 Elm Street in San Jose ("Plaintiff's Property") and at the adjacent 990 Elm Street, both of which it acquired in 1973. (Complaint, "1, 4, Ex. A; Corrected Declaration of Kirk Kozlowski, '13.) In 2020, CN One purchased property adjacent to 984 Elm Street for development ("De...

Excerpt: ...ects." Plaintiffs "national origin is Lebanese, which is an Arab country in the Middle East" and has "Arabic ancestry and ethnic characteristics." Plaintiff's first name "Mazen" is allegedly "known to be an Arabic name" and his surname "Arakji" is allegedly "known to a [M]uslim surname." (First Amended Complaint 1.) Plaintiff holds a Bachelor's in Electrical and Computer Engineering and a Master's in Computer Engineering from the university of Co...

Excerpt: ...ber Defendants hired Plaintiff as a full time, non-exempt employee. (Complaint, '128.) She performed her job duties with excellence until Mehranfar terminated her on July 8, 2021. (Ibid.) During her employment, Defendants misclassified Plaintiff as an independent contractor and deprived her of pay for all hours worked, rest periods, mealtimes, and itemized wage statements. (Complaint, '135.) Plaintiff worked 5 days a week, with 3 of those days co...

Excerpt: ...rve or maintain the utility or performance of the Vehicle or to provide compensation if there was a failure in such utility or performance. (Ibid.) The Vehicle was delivered to Plaintiff with serious defects and nonconformities to the warranty and it developed other serious defects and nonconformities to the warranty, including but not limited to, engine, transmission, electrical, and exterior defects. (FAC, 9.) Plaintiff initiated this action on...

Excerpt: ...ayers committed various acts of domestic violence against her. (Amended Complaint ("AC"), Plaintiff further alleges Mayers' stepfather, James P. Dechaine and his stepbrother Roanld Dechaine were involved in a "traunching" fraud scheme involving investments and real estate. (AC, "113-14.) Plaintiff also seems to allege that Defendants Randy Omoto and his wife Alison Macuch were involved in a scheme with Mavers and the Dechaines to use Plaintiff's ...

Excerpt: ...f Surgery for the Santa Clara Valley Medical Center ("SCVMA") for 13 years until she tendered her resignation on August 18, 2017. (Complaint, 2.) In January 2017, Plaintiff took medical leave because of her disability. (Complaint, 4.) She returned to work in late July 2017, with a Work Status Report from her doctor that contained a restriction, limiting her to no more than 4 hours of work per day. (Complaint, '15.) The Work Status Report stated "...

Excerpt: ...f Eagle Ridge called Eagle Ridge Courtyards ("Courtyards"). Plaintiff is an owner within the Courtyards. All owners within the Courtyards are members of Eagle Ridge Owners Association ("Association") and subject to the Eagle Ridge Declaration of Covenants, Conditions and Restrictions ("CC&Rs"). The Courtyards are also subject to the Declaration of Annexation and Supplemental Restrictions for The Community of Eagle Ridge ("Supplement"). The Supple...

Excerpt: ...er which Defendants agreed to help Plaintiff invest in real estate properties. On the same day, Plaintiff transferred $400,000.00 to Formica's bank account in exchange for his finding and purchasing an investment property for her. On or about February 3, 2018, Plaintiff and Defendants signed a note ("Promissory Note") in which Defendants agreed to return Plaintiff's $400,000.00, plus interest, by June 15, 2018. (Complaint, Exhibit A.) Defendants ...

Excerpt: ...ending default), locked him out of the premises, placed his belongings outside, and took some of his personal property, including an audio recording containing information Plaintiff claims is necessary for another lawsuit. ay this motion, Plaintiff seeks an order compelling Defendant Irma Cruz to provide responses to his Form Interrogatories (Set Two), Requests for Production of Documents (Set One), and Requests for Admission (Set One). It appear...

Excerpt: ...atic stress disorder for which he had been hospital-zed several times. (Ibid.) In 2019, Plaintiff was a graduate student at Stanford University in the neuroscience field. (TAC, '1 14.) On March 9, 2019, he believed he was suffering a bipolar episode and presented to Stanford Hospital for voluntary admission. (TAC, 15-16.) During his stay, he was prescribed medications that were not medically appropriate, given his history and symptoms. (TAC, "1 1...

Excerpt: ...les for Defendant and Cross- Complainant S5 Advisory, Inc. ("S5"). Plaintiff alleges causes of action for wrongful termination, discrimination, and related claims stemming from that contractual relationship. S5 cross-complains for trade secret misappropriation, unfair competition, and related claims. After Plaintiff filed her motons to compel, the parties engaged in further meet and confer efforts and narrowed the number of requests that remain a...

Excerpt: ...ive rulings. l. Background This achon arises out of a data breach. Plaintiff is an insurance company that issued a series of insurance policies to corporate insureds for coverage against cyber-related insurance risks. (Amended Complaint ("AC"), '1 2.) Defendant is a technology and software company that provides software for secure electronic file sharing and services to customers. (ld., '1 5.) Defendant developed and sold licenses for a software ...

Excerpt: ...tiffs Delia and Isaias Ruvalcaba and Næ and Elizabeth Perez purchased the Subject Property for by paying the Ortegas $200mo in cash and borrowing from the Ortegas on a seller carryback note secured by a deed of trust that was recorded against the Subject Property. (Complaint, 18.) Plaintiff alleges the Ortegas failed to disclose an easement that permits Defendant Recology Pacheco Pass to install drainage, pumps, tanks, and similar systems on the...

Excerpt: ...ther to Willow Bonner. Mr. Bonner had just turned 55 when he fell from his chair while doing physical therapy at home, landed on his right arm, and dislocated his shoulder. Five days later, on October 31, 2018, Mr. Bonner presented to Regional Medical Center of San Jose emergency department. The plan was to admit Mr. Bonner and attempt closed reduction under conscious sedation and, if necessary, open reduction under general anesthesia. (Defendant...

Excerpt: ... to COVID-19 would exacerbate his disability. (Complaint, 13.) His request was denied without explanation, and he was denied time off under the Family Medical Leave Act ("FMLA") and paid administrative leave because his doctor's note did not have all the necessary information. (Complaint, 14-15.) Although he provided the required documentation, the County changed its policy regarding paid administrative leave in April 2020. (Complaint, 16.) The C...

Excerpt: ...ackground This is an eminent domain action. Plaintiff seeks to acquire a subsurface subway easement beneath a 6,723 square foot area of Defendants' real property ("Subject Property") for SCVTA's BART Silicon Valley Extension (BSV) Program ("Project"). The Project will extend BART service from Fremont through Milpitas, San Jose, and into Santa Clara. After completion of various studies and environmental impact reports, SCVTA notified the Defendant...

Excerpt: ...n of Bailey Avenue and Santa Teresa Boulevard in San Jose, when the bicycle lane ended and forced him to merge into the vehicle lane. (Complaint, 11.) The lane he merged into was downhill, covered in potholes, uneven roading, and debris which caused him to crash and sustain serious bodily injuries and other damages. (Ibid.) Plaintiff initiated this achon on February 26, 2021, asserting: (1) violation of Government Code secton 815.2; (2) violation...

Excerpt: ...r for at a pay rate of $20 per hour and was then hired to provide Ms. Tapay 24 hour in home care after Ms. Tapay suffered a fall. (Complaint, Ms. Tapay agreed to pay Plaintiff $3500 per month for providing full support and assistance with all activities of daily living. (Complaint, 96-7.) Plaintiff worked for Ms. Tapay in this way from October 1, 2019 until October 31, 2021 with only very limited time off. Plaintiff alleges she was not paid overt...

Excerpt: ...e exercise of this discretion must be sound and reasonable and not arbitrary or capricious. (Richter v. Adams, 43 Cal.App.2d 184, 187; Eckert v. Graham, 131 Cal.App. 718, 721.) '[It] is a rare case in which 'a court will be justified in refusing a party leave to amend his pleadings so that he may properly present his case.' (Guidery v. Green, 95 Cal. 530, 533; Marrv. Rhodes, 131 Cal. 267, 270.) If the motion to amend is timely made and the granti...

Excerpt: ...fendant regarding a 2021 Chevrolet Silverado ("Vehicle"), he delivered the Vehicle to GVVs authorized service and repair facilities, at least on 4 separate occasions, and that Defendant failed to repair, adjust, and/or replace any necessary parts to conform the subject vehicle to fts applicable warranty (FAC 5, 22-25.) Despite lengthy days spent on repairs and Defendant's representations, Plaintiff continued to experience various transmission pro...

Excerpt: ...ction with that purchase they received various warranties from Ford Motor Company ("FMC"). (Complaint, "9-10.) Plaintiffs further allege that the Vehicle experienced transmission and engine defects during the warranty period. (Complaint, 911.) Plaintiffs filed this lawsuit on February 22, 2021 alleging (1) Violation of Civil Code Section 1793.2(D) (against FMC); (2) Violation of Civil Code Section 1793.2(B) (against FMC); Violation of Civil Code ...