Excerpt: ...deed of trust on real property located at 505 Las Coches Ct. in Morgan Hill. (Complaint at ¶ 11, Ex. A.) Plaintiff Sandra Harmon (“Plaintiff”) signed the agreement as Director of Arttec. (Ibid.) The deed of trust named Western Resources Title as the trustee, and CFS as the beneficiary. (Ibid.) On October 11, 2018, an assignment of the deed of trust was recorded, naming Civic Holdings I Trust (“Trust”) c/o Fay Servicing, LLC (“Fay”) a...

Excerpt: ...plaintiff's performance of the contract and that a sum is due to plaintiff. On August 31, 2021, defendant filed the instant demurrer to plaintiff's complaint. The demurrer is a special demurrer filed on the ground that plaintiff does not have the legal capacity to sue. Subdivision (b) of Code of Civil Procedure section 430.10. Amended notice of hearing is on file. No opposition to the demurrer has been filed. Request for judicial notice Defendant...

Excerpt: ... of Robert Quist, David Becker, Becker Legal Group, LLC, and Bridge and Post, Inc. (“Bridge”) (collectively, “Cross‐Complainants”). III. Background C. Factual This is an action for breach of a settlement agreement purportedly reached to settle a lawsuit initially filed by Kleidman in 2013. According to the allegations of the CrossComplaint, in November 2010, technology startup Feeva ran out of funds and went out of business. (Cross‐Co...

Excerpt: ... the former head pastor and board chairman of the Church and Hungsun is his wife. (FAC, ¶¶ 12, 14.) Kim and Jung are former board members and chief financial officers of the SJKCC. (FAC, ¶ 13.) Austin is a close associate of Francis' and was the agent of service of process for an entity named Healing Hands Dental Mission, Inc. (“HHDM”). (FAC, ¶ 30.) Park is Austin's wife. (FAC, ¶ 15.) In May 2019, Francis was suspended from his board cha...

Excerpt: ...n the Interactive Process; (3) sixth cause of action for Failure to Accommodate Disability; and (4) seventh cause of action for Retaliation (use of or interference with CFRA rights). Plaintiff requests that the Court grant the motion “in the furtherance of justice” and argues that absent a showing of prejudice, delay alone is not grounds for denial of a motion to amend. (California Civil Procedure Code sections 473 subdivision (a) and 576). P...

Excerpt: ...uary 9, 2016, La Encina and Group One entered into an agreement in which Group One would perform certain construction work on La Encina's property in exchange for $3,900,000. (See La Encina cross‐complaint, ¶¶ 10‐11.) Group One breached the contract, failing to pay subcontractors, suppliers and laborers within 7 days after receipt of payment from La Encina, failing to hold payments received from La Encina for the benefit of subcontractors, ...

Excerpt: ...plus Lines Insurance Company, seeking compensation under their policies for losses resulting from the COVID‐19 pandemic. Before the Court are (1) Factory Mutual's demurrer to the operative First Amended Complaint (“FAC”) for failure to state a claim, and alternative motion to strike allegations from the FAC, and (2) Lexington and Starr's motion to quash for lack of personal jurisdiction or, alternatively, to sever for improper joinder and i...

Excerpt: ...ising out of the alleged failure to pay for legal services rendered. According to the allegations of the FAC, Bomi, Peak Health and Joseph retained Plaintiff as its counsel in June 2018, as did defendant The Phyto Foundation (“Foundation”). (SAC, ¶¶23, 24, 26, 28 and Exhibits A, B, D and F.) Barahona executed the agreement for legal services with Plaintiff on behalf of the Foundation. (Id., ¶ 28.) At their initial and subsequent meetings, ...

Excerpt: ...ue, in Sunnyvale, California (the “Property”) which is Plaintiff's primary residence. (Complaint at ¶ 11.) In May 2007, Plaintiff obtained a loan in the amount of $330,000 from Washington Mutual Bank, FA (“WAMU”), secured by a Deed of Trust against the Property. (Ibid.) The subject loan was assigned multiple times resulting in a constant revolving door of loan beneficiaries and servicers. (Complaint at ¶ 14.) Within a few years of Plain...

Excerpt: ...an Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 23 February 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Orders on: 1. Demurrer to Plaintiff's Complaint; and 2. Motion to Strike Plaintiff's Complaint. I. Statement of Facts. Plaintiff Chipongolo Mulenga (“Plaintiff”) is a Black woman who was b...

Excerpt: ...fendant from May 30, 2012 until the date of request and (c) Defendant's annual and quarterly general ledgers listing all financial transactions from May 30, 2012, until the date of request. The documents were to be provided by May 14, 2019. Plaintiff also contends that Defendant is in violation of a stipulated order dated June 19, 2019 that Defendant produce “top level” documents maintained by Defendant to sufficiently identify Defendants ann...

Excerpt: ...brings his own motion for summary adjudication of this issue, which Defendants oppose. As discussed below, the Court GRANTS Defendants' motion and DENIES Plaintiff's. I. BACKGROUND A. Factual As alleged in the operative complaint, Defendants maintain and operate a health and fitness facility in California, where Plaintiff was employed. (First Amended Representative Action Complaint (“FAC”), ¶¶ 2, 14, 15.) Plaintiff alleges that Defendants c...

Excerpt: ... for plaintiff's deposition at the office of attorneys for defendant or be permitted to appear remotely via Skype or other platform. Subdivision (a) of Section 2025.310 permits the deposition officer/reporter to appear at the deposition remotely at the election of either the deponent or deposing party, and expressly provides that the deponent is not required to be physically present at the same location with the deposition officer/reporter. While...

Excerpt: ...that the term “warranty repairs” is vague, ambiguous, and overbroad is OVERRULED. While defendant may answer the SI by specifying writings where the answer can be derived or ascertained, here the response lacks sufficient detail to permit the propounding party to locate and identify the answer to the SI. The motion to compel further response to the interrogatory is GRANTED. Defendant shall serve a further response to the SI, without objection...

Excerpt: ... hearing, plaintiff requested that the court rule on each interrogatory, primarily for a record of rulings on general objections and objections to each request in response and amended response of defendant set forth in defendant's amended responses to plaintiff's request for production, set one. After consideration of the authority and argument of counsel set forth in the papers filed in support, opposition and reply, the court issues the followi...

Excerpt: ...ught by Defendants PDI Legacy, Inc., Acrisure of California, LLC and Jon Voorhies (hereafter “Defendants”) on November 18, 2021. An amended notice of motion was filed on December 17, 2021. Plaintiff's opposition to the motion was filed on February 9, 2022. I. Motion to Strike Pursuant to Code of Civil Procedure (“CCP”) §436 a court may strike out any irrelevant, false, or improper matter inserted into any pleading or strike out all or pa...

Excerpt: ...ON This is an action under the Unfair Competition Law (“UCL”) and Consumers Legal Remedies Act (“CLRA”), arising out of defendant Comcast Cable Communications, LLC's (“Defendant”) alleged unlawful marketing and sales practices used in providing Xfinity cable, internet, home telephone, security, and/or other subscription services to consumers. (Complaint, ¶ 2.) 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ...

Excerpt: ...2022 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION Plaintiff David Chai (“Chai”) brings this putative consumer class action pursuant to the California Fair Debt Buying Practices Act (“CFDBPA”) against defendants Velocity Investments, LLC and Velocity Portfolio Group, Inc. (collectively, “Defendants”). According to the allegations of the Class Action Complaint (“Complaint”), fil...

Excerpt: ...laintiffs, vs. CITY OF SAN JOSÉ, BOARD OF ADMINISTRATION OF THE FEDERATED CITY EMPLOYEES' RETIREMENT SYSTEM, DAVID SYKES, IN HIS OFFICIAL CAPACITY AS THE CITY MANAGER OF THE CITY OF SAN JOSÉ, AND DOES 1‐50, , Respondents/Defendants. Case No. 17CV312610 TENTATIVE RULING RE: MOTION FOR SUMMARY JUDGMENT The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on February 23, 2022 at 1:30 p.m. in Department 3. The c...

Excerpt: ...tive ruling as follows: I. INTRODUCTION This is a class and representative action arising out of various alleged wage and hour violations. The operative First Amended Complaint (“FAC”), filed on November 25, 2020, sets forth the following causes of action against defendant Joseph J. Albanese, Inc. (“Defendant”): (1) Minimum Wage Violations; (2) Rest Period Violations; (3) Meal Period Violations; (4) Failure to Indemnify All Necessary Busi...

Excerpt: ...epartment 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a representative action pursuant to the Private Attorneys General Act of 2004 (“PAGA”), the class claims having been dismissed without prejudice at Plaintiff's request on August 20, 2021. The First Amended Complaint, filed on December 17, 2019, sets forth an Eleventh Cause of Action under PAGA, which includes claims for violations of various Labor Code ...

Excerpt: .... (Id.) In October 2020, Decedent developed signs and symptoms of infection, including chills, a fever, increasing confusion and other symptoms. (Id.) Plaintiff Alice Mohorko‐Lotter (“Plaintiff”) spoke with Decedent on the telephone and noted her increased confusion to staff; however, there is no documentation or evidence that the staff took any steps to follow up on these signs and symptoms, or reported them to her physician. (Id.) Deceden...

Excerpt: ...Discover's demand. B. Procedural Based on the foregoing allegations, Discover initiated this action on November 18, 2020, with the filing of the Complaint, which asserts claims for open book account and account stated. On December 15, 2020, Jennings filed an answer. On August 31, 2021, Discover filed the instant motion for summary judgment, or in the alternative, for summary adjudication for each cause of action. On February 15, 2022, Jennings fi...

Excerpt: ...�) entered into a written lease agreement (the “Lease Agreement”). (Complaint at ¶ 7.) Under the Lease Agreement, defendant Mosaic agreed to lease certain premises located at 3595 Stevens Creek Blvd. in Santa Clara, California, for a term of approximately two (2) years and two (2) months, beginning on or about November 1, 2019, and ending on or about December 31, 2021. (Ibid.) In connection with the Lease Agreement, defendant Eyekick Visual,...

Excerpt: ...), on January 20, 2018, Tostado was driving a ProTransport ambulance in a negligent manner, causing it to collide with Plaintiff's vehicle, resulting in injuries to him. B. Procedural Based on the foregoing, the Complaint1 was filed on January 7, 2020, asserting claims for motor vehicle negligence and general negligence. On August 27, 2021, Defendants filed the instant motion for summary judgment. Plaintiff opposes the motion. II. Defendants' Mot...