Excerpt: ...cided to mortgage the Property. (Id. at ¶ 10.) To this end, Peck obtained a $582,000 mortgage loan from Santander Bank, which was secured by a deed of trust on the Property (the “Santandar Lien”). (Id. at ¶ 10.) Defendants continued to reside together at the Property from 2005 to 2016. (Id. at ¶ 11.) Around June 2016, Plaintiff purchased the Property at a trustee's sale and acquired title subject to the Santander Lien. (Id. at ¶ 12.) This...

Excerpt: ...ill operative Complaint by Plaintiffs Mimi Karas Durante and Joseph Durante (“Plaintiffs”), alleged original (minority) shareholders and investors of PF1, states several3 causes of action: 1) “Breach of Contract and Accounting,” 2) “Tortious Breach of Contract and Accounting,” 3) Breach of Fiduciary Duties, 4) Aiding and Abetting Breach of Fiduciary Duties, 5) Conspiracy to Breach Fiduciary Duties 6) Fraudulent Concealment; 7) Constru...

Excerpt: ...rraHash by filing the original complaint in December 2013. In June 2014, after filing the operative second amended complaint, Plaintiffs applied for an order authorizing service of the summons and complaint upon Khan by publication. They omitted an affidavit establishing the existence of a cause of action against Khan, and so the Court informed them that their application was incomplete. Plaintiffs thereafter cured the deficiency in their applica...

Excerpt: ...erine Martinez (“Plaintiff”) as a “Caregiver” from June 2012 to July 2015. (Id. at ¶¶ 2, 17.) Her duties included visiting clients in their homes and providing assistance with activities for daily living, such as light housekeeping, meal preparation, grocery‐shopping and running errands. (Id. at ¶ 17.) As part of her employment, Plaintiff was assigned to aggressive clients—e.g., those that bite, punch, kick, pull hair and throw phy...

Excerpt: ...“VSM”), owners of real property known as the Vallco Fashion Mall located at 10123 North Wolfe Road in Cupertino (“Subject Property”), to exclusively represent VSM in connection with the sale of the Subject Property. (SAC, ¶¶7 – 8.) On or about August 2, 2011, VSM and plaintiff Nguyen entered into an exclusive right to sell agreement entitled “Owner‐Broker Agreement‐Vallco Shopping Center” (“Listing Agreement”). (SAC, ¶9.)...

Excerpt: ...round of funding, but that he expected this deferred payment to include compensation for work he performed prior to March 1, 2017. Zhou, however, asserted Plaintiff would start earning a salary on March 1, 2017, and would not receive retroactive compensation for work performed prior to that date. Plaintiff alleges Zhou's refusal to compensate him for all the work he performed constituted a breach of their agreement. He asserts causes of action ag...

Excerpt: ...buted to him suffering post‐surgical complications and losing his right leg to amputation. They falsely promised Plaintiffs that a board certified vascular surgeon would be on standby during the procedure should any complications arise, when in fact one was not. Additionally, they failed to advise Plaintiffs of the true nature of the procedures he performed, failed to fully advise Plaintiffs of the risks and alternatives to the procedures, and ...

Excerpt: ...nia (“Subject Property”). (Complaint, ¶¶ 3, 10.) Phillip, along with John Langton (“John”) and Sara Langton (“Sara”), owned the Subject Property as joint tenants. (Complaint, ¶ 12.) In 1990, John and Sara changed the character of their interest in the Subject Property to community property via an inter‐spousal transfer deed. (Complaint, ¶ 13.) Then, in 1996, they conveyed their interest in the Subject Property to themselves as t...

Excerpt: ...(Complaint, ¶8.) In correspondence between plaintiff Bukhari and defendant Day Dream, plaintiff Bukhari expected the following treatment: “A classic full body massage that uses soothing techniques to increase circulation, reduce stress, and improve muscle relaxation. This massage is designed to relieve tension found in the deeper tissue layers through slower strokes and more direct pressure.” (Id.) Defendant Evans provided massage treatment ...

Excerpt: ...al Background This is an action for breach of contract and common counts. On June 16, 2016, Fathom allegedly entered into a written agreement with Candesant whereby Fathom agreed to perform engineering consulting services and Candesant agreed to pay Fathom for its services (“Consulting Agreement”). (Complaint, ¶ 7 & Ex. A.) “Compensation for the tasks to be performed was set forth in Schedule A” of the Consulting Agreement. (Ibid.) Sched...

Excerpt: ...ver concluded that she was authorized to accept service. (See CCP sec. 2020.220((b)(2).) Somebody at the company later identified Mr. Miller as the PMQ. Mr. Miller refused to agree to attend in the first instance, and would not agree to continue the date. The parties then agreed (without AABC's or Mr. Miller's consent) to continue the date of the deposition to November 8, 2018. Defendant mailed a copy of a revised deposition subpoena, now address...

Excerpt: ... complaint (“FAC”), ¶¶ 6‐7.) During the warranty period, the vehicle developed defects relating to the vehicle's transmission, power on acceleration, 3‐5 reverse housing and piston, transmission control module, case gasket and seals, pump seals, axle seals, engine, spark plugs, coil pack assembly, the engine control module, accelerator pedal, cooling system, water pump, water pump gasket and thermostat, axle, axle shaft, axle shaft bolt...

Excerpt: ...application. (CCP §§ 484.040, 1005(a)(1), (b).) As there were two court holidays in February, the application was served by electronic service exactly 16 court days before the hearing. Electronic service extends the necessary time for service by an additional two days (CCP §1010.6(a)(4)(b)), and the notice of the hearing was insufficient. A judge may order the issuance of a writ of attachment only if the claim has probable validity (CCP § 484...

Excerpt: ... Car, he received an express warranty from Defendant; the purpose of the express warranty was to preserve or maintain the Car's utility or performance, or provide compensation in the case of failure to either in a specified period of time. (Id., ¶ 7.) During the warranty period, the Car contained or developed numerous defects including, but not limited to, the following: defects relating to the steering system; impairment of the fuel flow; prema...

Excerpt: ... amended Chapter 11 plan (“Bankruptcy Plan”) which provided that Platinum would pay its various administrative claimants and would then pay its unsecured creditors 60% of their respective claims over time through annual payments of $90,000. (Complaint, ¶11.) In the ensuing years, Platinum made some payments to it unsecured creditors. (Complaint, ¶12.) Some payments included exchanges of trade services to unsecured creditors out of order rat...

Excerpt: ...t is based is one upon which an attachment may be issued; (2) the applicant has established “the probable validity” of the claim upon which the attachment is based; (3) the attachment is not sought for a purpose other than the recovery on the claim upon which the request for attachment is based; and (4) the amount to be secured by the attachment is greater than zero. (CCP § 484.090.) In order to establish the probable validity of its claim, ...

Excerpt: ...(the “App”). In 2015, the court granted Defendant's motion for summary judgment in the Georgia Action. Plaintiff alleges the court granted Defendant's motion only because it fraudulently concealed information from Plaintiff preventing her from establishing her claims. For example, Plaintiff alleges Defendant concealed the amount of revenue generated by the App in its response to an interrogatory answer. This allegedly prohibited Plaintiff fro...

Excerpt: ...s paid at a rate of $9.00 per hour during his employment in 2017, while the applicable minimum wage was $10.50 per hour as of January 1st of that year. (Id. at ¶ 24.) In addition, plaintiff alleges that non‐discretionary commission pay was not included in his regular rate of pay for purposes of calculating his overtime compensation. (Ibid.) Based on these allegations, plaintiff brings class claims for (1) failure to pay minimum wages in violat...

Excerpt: ...n the lead action (the First Amended Complaint or “FAC”), defendant Island Hospitality Management, Inc. provided hotel management services to hotels throughout California until December of 2014, when it converted to Island Hospitality Management, LLC. (FAC, ¶¶ 7‐8.) Among the hotels to which defendants have provided services is the Residence Inn by Marriott in San Jose. (Ibid.) Plaintiff Charmie Ruffy worked for defendants in San Jose as ...

Excerpt: ... browse and download Android Apps published by both Google and third‐party developers. (Complaint, ¶¶ 20‐ 22.) Through the Google Play Store, defendant offers digital products including songs, movies, television shows, and periodicals through paid subscriptions that are automatically renewed at the end of a definite term for a subsequent term or that continue until the consumer cancels (“In‐App subscriptions”). (Id. at ¶ 23.) To make...

Excerpt: ...uling as follows: I. INTRODUCTION This case involves a number of actions and cross‐actions involving both active and nominal parties. The primary dispute is between Plaintiff Mark A. Calvano and Defendants Marwood Investors I, LLC (“Marwood”) and Vincent Woo (together, “Defendants”). In 2015, Calvano owned rights to purchase three properties (the “Properties”) in Mountain View, TENTATIVE RULING RE: MOTION FOR CLARIFICATION 2 1 2 3 4...

Excerpt: ...‐in‐interest to Decedent's estate. (Complaint, ¶1.) Defendant ALGD, LLC dba Stonebrook Health and Rehabilitation (“ALGD”) owned, leased, licensed, operated, administered, managed, directed, and/or controlled Stonebrook Health and Rehabilitation (“Stonebrook”), a skilled nursing facility in Los Gatos. (Complaint, ¶3.) Decedent was a resident of Stonebrook from approximately July 10, 2017 through approximately September 27, 2017. (Com...

Excerpt: ...6, 2015. (FAC, ¶ 6.) In connection with the purchase, Plaintiff received an express warranty pursuant to which Defendant was to preserve or maintain the Subject Vehicle's utility or performance, or provide compensation in the case of failure to either in a specified period of time. (Id., ¶ 7.) During the warranty period, the Subject Vehicle contained or developed numerous defects including, but not limited to, the following: defects relating to...

Excerpt: ... under seal on Oct. 24, 2018; (2) Redacted Portions of the Memorandum of Points and Authorities in Support of Edeniq's Motion to Compel Further Responses referenced above; and (3) Redacted Portions of the Separate Statement of Discovery in Dispute in Support of Edeniq's Motion to Compel Further Responses referenced above. A court has the authority to order that a record be filed under seal only if it expressly finds facts that establish: 1. there...

Excerpt: ...ade no explicit findings about the probable validity of plaintiff's claim, and did not rely solely on that issue to find against plaintiff. 2. Based on the declarations and documents submitted by Plaintiff, the Court finds that plaintiff has established by a preponderance of the evidence the probable validity of his claim. (See § 405.32.) (Defendant Tran's evidentiary objections are overruled.) Defendant Tran provides no actual evidence to the c...

Excerpt: ...s acquisition entity, which centralizes global rights acquisitions and sales. (First Amended Complaint (“FAC”), ¶ 1.) Plaintiff owns the rights to exclusively distribute and broadcast certain sports programs and alleges that defendant Saudi Selevision Company LLC (“Selevision”), who distributed beIN channels in Saudi Arabia from February 2014 to April 2016, when the relationship was terminated, pirated beIN's programming and made it avai...

Excerpt: ...ptember 11, 2018 and provided 483 pages of documents of which approximately 444 pages were of the owner's manual.6 Plaintiff Marshall deemed defendant GM's response to RPD deficient. Between October 4, 2018 and December 7, 2018, plaintiff Marshall's counsel met and conferred with defendant GM's counsel regarding the purported deficiencies with defendant GM's response to plaintiff Marshall's RPD.7 As of December 10, 2018, plaintiff Marshall's coun...

Excerpt: ...en to support any of their objections, which were waived in any event, and objections except for attorney client privilege are OVERRULED. The motion to compel further written responses has merit, and is GRANTED. As the responses were late, Defendants are correct that objections were waived, except for attorney client communications. Plaintiffs Randall Shuler and Stackspeed, Inc. shall serve full and complete code‐compliant written responses to ...

Excerpt: ...efendant Rao was initially employed by Ma Labs as a RMA (return merchandise) clerk and subsequently became an account manager (sales) in or about 1994. (SAC, ¶16.) In late February 1995, defendant Rao filed for divorce from her then husband. (SAC, ¶17.) Plaintiff Abraham C. Ma (“Ma”) and Rao married on December 7, 1995. (Id.) After taking business and accounting studies at a local community college, defendant Rao returned to work at Ma Labs...

Excerpt: ...ute arises from Defendant's banning Plaintiff from attending the convention. Defendant does not dispute that on January 4, 2018 it published a statement on its website and social media accounts stating in pertinent part that it had decided to revoke Plaintiff's attending membership and prohibit his presence at the Convention. Defendant stated that it had made this decision because Plaintiff purportedly had “made clear that he fully intends to b...

Excerpt: ... adult. According to the allegations of the SAC, which is brought by the mother of decedent and dependent adult Benjamin Anthony Anderson (“Benjamin”), in 2016, she (Peggy Anderson or “Plaintiff”) consulted with defendant SARC to arrange for appropriate care for her son as she was scheduled to undergo a surgical procedure and would temporarily be unable to care for him. (SAC, ¶¶ 3‐6, 14.) SARC is a “regional center” responsible fo...

Excerpt: ...gan questioning them in a racially hostile manner. Plaintiff was alerted to this issue and came to the pool to inquire about what was happening. After some discussion, Defendant lunged at her and forcefully grabbed her arm. These actions were racially motivated. Plaintiff asserts causes of action against Defendant for assault, battery, and intentional infliction of emotional distress. The motion presently before the Court concerns Defendant's pot...

Excerpt: ...lleging that Defendants owed him (Perkins) attorney fees, costs and expenses under the terms of a written fee agreement. The complaint alleged causes of action for: (1) breach of contract; (2) common count; (3) account stated; and (4) constructive trust. A few months later, Johnson filed a cross‐complaint against Perkins asserting claims for: (1) fraud; (2) conversion and constructive trust; and (3) unfair business practices. A stipulation and ...

Excerpt: ...China in 1993 at the age of 29 and began her employment at plaintiff Ma Laboratories, Inc. (“Ma Labs”) shortly after her arrival in the United States. (Second Amended Complaint (“SAC”), ¶14.) Defendant Rao was initially employed by Ma Labs as a RMA (return merchandise) clerk and subsequently became an account manager (sales) in or about 1994. (SAC, ¶16.) In late February 1995, defendant Rao filed for divorce from her then husband. (SAC,...

Excerpt: ...icle accident. On June 14, 2017, “[Gholston's] 2013 Hyundai Sonata collided with [Nguyen's] 2011 Peterbilt 386” on northbound Highway 101 in Gilroy, California. (First Amended Complaint (“FAC”), ¶ 7.) Plaintiffs Latia Evans and Laura Calbert (collectively, “Plaintiffs”) were passengers in Gholston's vehicle and sustained major physical injuries. (Ibid.) Plaintiffs allege that Gholston and Nguyen (collectively, “Defendants”) opera...

Excerpt: ...ng from a psychotic episode in Pacific Grove, California which caused his family to call the police. (SAC, ¶ 13.) The Pacific Grove Police (“PGPD”) responded, as did AMR, and Plaintiff was placed on an involuntary psychiatric hold pursuant to Welfare and Institutions Code section 5150 (“5150”). (Id., ¶¶ 14‐15.) Plaintiff was then placed on a gurney to transport him to a medical facility. (Id., ¶ 15.) Plaintiff resisted flexing his e...

Excerpt: ...rice for twelve years, at which point Defendant would convey it to him. Plaintiff agreed and made every payment for twelve years. However, Defendant never intended to convey the Property to him; he only wanted to induce Plaintiff to pay the above‐market price in rent. When Plaintiff demanded that Defendant convey the Property to him, Defendant instead evicted Plaintiff for technical violations of the lease that he had tacitly approved of for ye...

Excerpt: ... son. (Id. at ¶ 12.) On December 4, 2015, this cousin passed away in an untimely death and Fitch gifted the Vehicle to Nickerson out of the estate of her son. (Ibid.) On January 13, 2016, Nickerson registered title to the Vehicle in his name and, since then, he has exclusively possessed it and has invested significant time and money into restoring it. (Id. at ¶¶ 12‐13.) Two years later, on March 7, 2018, Nickerson received a demand letter fr...

Excerpt: ...of service and letters.” That document contains medical records and another letter to the Court. The Court will treat these letters as oppositions to the demurrer.1 The purpose of a demurrer is for the Court to consider whether Plaintiff has filed a complaint that includes sufficient facts to support a claim against the Defendant. Defendant's request for judicial notice is GRANTED. In the original complaint, Plaintiff indicates that he seeks $1...

Excerpt: ...s paid at a rate of $9.00 per hour during his employment in 2017, while the applicable minimum wage was $10.50 per hour as of January 1st of that year. (Id. at ¶ 24.) In addition, plaintiff alleges that non‐discretionary commission pay was not included in his regular rate of pay for purposes of calculating his overtime compensation. (Ibid.) Based on these allegations, plaintiff brings class claims for (1) failure to pay minimum wages in violat...

Excerpt: ... browse and download Android Apps published by both Google and third‐party developers. (Complaint, ¶¶ 20‐ 22.) Through the Google Play Store, defendant offers digital products including songs, movies, television shows, and periodicals through paid subscriptions that are automatically renewed at the end of a definite term for a subsequent term or that continue until the consumer cancels (“In‐App subscriptions”). (Id. at ¶ 23.) To make...

Excerpt: ...uling as follows: I. INTRODUCTION This case involves a number of actions and cross‐actions involving both active and nominal parties. The primary dispute is between Plaintiff Mark A. Calvano and Defendants Marwood Investors I, LLC (“Marwood”) and Vincent Woo (together, “Defendants”). In 2015, Calvano owned rights to purchase three properties (the “Properties”) in Mountain View, TENTATIVE RULING RE: MOTION FOR CLARIFICATION 2 1 2 3 4...

Excerpt: ...n the lead action (the First Amended Complaint or “FAC”), defendant Island Hospitality Management, Inc. provided hotel management services to hotels throughout California until December of 2014, when it converted to Island Hospitality Management, LLC. (FAC, ¶¶ 7‐8.) Among the hotels to which defendants have provided services is the Residence Inn by Marriott in San Jose. (Ibid.) Plaintiff Charmie Ruffy worked for defendants in San Jose as ...

Excerpt: ...e to her. Plaintiff argues that Defendants tried to “hide” the evidence in question. After it was produced a year ago, Plaintiff have since claimed that the videotape has been altered, because the videotape is “in slow motion” and there appear to be gaps which Plaintiff claims is evidence the videotape has been altered. As Defendants have stated, the videotape was found in the possession of a third party security vendor and was produced a...

Excerpt: ...d Cross‐Complaint [SAXC] at ¶ 1.1 ) Cross‐Defendant TriQuint WJ, Inc. (“TriQuint”) is successor in interest to WJ Communications, Inc., which in turn was successor in interest to Watkins‐Johnson Company (“Watkins‐Johnson”), a California corporation with its principal place of business in Palo Alto, California. (Id. at ¶ 2.) In August 2014, plaintiff Continental Insurance Company (“Continental”) filed the underlying action ag...

Excerpt: ...ocal Parking Agreement (the “RPA”) for the purpose of developing a shopping center (“Center”) in Mountain View, California. The Johnson Family Partnership owned parcel 13 and had the right to review and consent to proposed changes to the design and composition of the Center. In 2011, a real estate developer that had acquired several of the parcels—Merlone Geier Partners—began the process of obtaining zoning and building approval from ...

Excerpt: ...derlying Lawsuit”) to recover damages from a former employee, Andres Anguiano (“Anguiano”), who gained access to their home and stole $1,300 in cash and medications belonging to Lamb along, with multiple items of jewelry belonging to Williams. The Underlying Lawsuit was also brought against Anguiano's girlfriend, Maria Madrigal (“Madrigal”) and Rosalba Velazquez (“Velazquez”), the owner of a jewelry business who bought the stolen je...

Excerpt: ...Holdings, LLC (“EAN”) and various Does (“Defendants”). Currently before the Court is Defendant EAN's demurrer to the Complaint, opposed by Plaintiffs.1 As an initial matter the Court notes that Defendant has not complied with Code of Civil Procedure (“CCP”) §430.41, which requires the parties to meet and confer “in person or by telephone” before the filing of a demurrer. The mere exchange of emails, as described in the declaratio...

Excerpt: ...ents, including the Bohlin Family Living Trust. (FAC, ¶ 5.) In exchange for drafting these documents, Plaintiff and his then‐wife paid Poyner the sum of $1,450. (Id.) On December 7, 2007, Plaintiff and Sandra executed various estate planning documents executed by Poyner including a document entitled “Community Property Statement Transmutation Agreement” (the “Transmutation Agreement”), which purportedly transmuted one‐half of Plainti...

Excerpt: ... case is not yet set for trial, Plaintiffs motion is timely; (2) the facts establishing “alter ego” liability were recently discovered in depositions and the discovery of these new facts justifies the inclusion of the ”alter ego” allegations as alleged in paragraphs 17‐24 of the Proposed SAC; and (3) there has been no delay by Plaintiffs or their counsel in the prosecution of this action including the current request for leave to amend....