Excerpt: ...n the brak es, which caused Plaintiff to strike the interior of the bus with great force. (Ibid.) As a result, she sustained injuries. (Ibid.) Plaintiff filed her Complaint on October 3, 2022, asserting general negligence and motor vehicle negligence. On January 10, 2024, VTA filed the instant motion, which Plaintiff opposes. II. Request for Judicial Notice VTA requests judicial notice of Plaintiff's Complaint, however, judicial notice is not r...

Excerpt: ...as born in the Republic of Kosovo, and he maintains close family and business ties to Kosovo and Albania. (FAC, ¶ 1.) Dr. Asllani is a Kosovo resident, doctor, and human rights activist, who has documented human rights violations in the Western Balkans for the past 30 years. (F AC, ¶ 3.) Dervishi is a major shareholder in Zummo Flight Technologies USA, and he helped form Zummo Flight Technologies Kosovo (“Zummo Kosovo”). (FAC, ¶ 10.) When ...

Excerpt: .... According to the complaint, on July 2, 2023, Plaintiff was lawfully on the Premise for the international soccer match between Mexico and Qatar. (Complaint ¶ 18.) Debartolo Corporation, Forty Niners Football Company LLC, Forty Niners SC Stadium Company LLC, Forty Nin ers Stadium Management Company LLC (“Stadium Defendants”) and Government Defendants owned/operated/maintained/managed/secured/controlled the Premise. (Complaint ¶ 11.) During ...

Excerpt: ...C, p. 4.) Defendant then initiated the related criminal case (Case No. C2106178) against Plaintiff. (Ibid.) Plaintiff alleges Defendant confessed to providing false information to the police officer to secure rent and a deposit. (Ibid.) She further alleges Defendan t provided false information to get an emergency protective order, which Defendant then used to breach the terms of the rental lease agreement. (Ibid.) On January 4, 2024, the underlyi...

Excerpt: ...r. Juan Gonzales (“Decedent”) while attending a Chris Stapleton concert. According to the complaint, on June 18, 2022, at about 10:40 p.m., Decedent was lawfully at the Shoreline Amphitheater and while speaking to a De fendants' employee was struck in the head by Logan Winterton causing serious injury and ultimately death. (Complaint ¶ 16.) Mr. Winterton and several other concert attendees wore a red and white Death's Head insignia signifyin...

Excerpt: ...cret case. Cryplex alle ges Bitmain's former co-CEO, Jihan Wu, was involved in the acts leading to this lawsuit. While this case was pending, Mr. Wu left Bitmain and is now the Chief Executive Officer, Chief Financial Officer, and Secretary of Non- Party Bitdeer. Bitmain has evidence from its discovery of Cryplex that Cryplex contacted Mr. Wu at Bitmain to discuss this lawsuit, including “litigation funding”, “acquisition of claims”, or �...

Excerpt: ...anta Clara County Superior Court, Case No. 22CV398261) (“Second Action”). This action is for negligence and wrongful death arising from a traffic collision. Plaintiff Sylvia Armas is Ivan Caballero, Jr.'s (“Decedent”) mother and his successor in interest. (Complaint in First Action (“Complaint”), ¶¶ 3, 28.) Plaintiff Ivan Caballero (“Caballero Sr.”) is Decedent's father and his successor in interest. (Complaint in Second Action,...

Excerpt: ...a single father f rom China looking for housing. (FAC, ¶¶2, 9.) Plaintiffs Li and Chen speak primarily Mandarin. (FAC, ¶¶1 -2.) Defendants Ting Hong and Morad Mahpour advertised through AirBnB that they had authority to rent rooms at 555 Stanford Avenue in Palo Alto (“Proper ty”), a multi-family residence, owned by defendant Mahpour. (FAC, ¶¶3, 4, and 10.) Plaintiffs Li and Chen each separately responded at different times to these adve...

Excerpt: ...tors, LLC (“Yadeg ar”), and that Yadegar was obligated to disclose issues concerning smog and registration to Plaintiff but instead intentionally misrepresented and/or concealed material facts from Plaintiff thereby breaching his contract with Plaintiff.5 On December 27, 20 23, Plaintiff filed a 36 -page complaint against Yadegar captioned, “Complaint Fraud – Intentional Misrepresentation – Intentional Concealment[;] Implied Conduct of...

Excerpt: ...ws. I. Background This action aris es out of a dispute between neighbors. Plaintiffs own and reside in a home at 659 Springer Terrance in Los Altos, while Defendants own and reside in a home at 667 Springer Terrace in Los Altos. (Complaint, ¶¶ 1 -2. 4.) Two heating/air -conditioning pumps (mechanical units) were installed in and remain on the side of Defendants' property next to Plaintiffs' residence. (Complaint, ¶ 4.) The mechanical units are...

Excerpt: ...h identical names, “Inc hin's Bamboo Garden,” located at 151 Washington Avenue, Sunnyvale and 39024 Paseo Padre Parkway, Fremont. (Complaint, ¶19.) From about October 24, 2022 through August 23, 2023, defendants Gupta, RCW, and GCW employed plaintiff Jayaswor Acharya and jointly exercised control over his wages, hours, or working conditions. (Complaint, ¶¶18, 20.) On October 24, 2022, Defendants offered Plaintiff employment for the positio...

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: ... (“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: ...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...