Excerpt: ... physician. (Compliant, p. 2:3‐5 & ¶ 1.) Plaintiff was recruited by Defendant to become the medical director of the pediatric rehabilitation program at Santa Clara Valley Medical Center (“SCVMC”). (Id. at p. 2:3‐5 & ¶¶ 1‐2.) Plaintiff began her employment with Defendant on January 5, 2015, as a staff physician and the medical director of the pediatric rehabilitation program at SCVMC. (Id. at ¶ 6.) As medical director, Plaintiff was ...

Excerpt: ...ne Doe 1 and Jane Doe 2 were students. (Complaint, ¶ 1.) In 2010, Teacher called Jane Doe 1 into his office and made her hug him, and at one point he asked for her cell phone number. (Id. at ¶ 9.) During the subsequent summer, he sent her a number of inappropriate text messages, often at night. (Ibid.) Jane Doe 1 told her mother who reported Teacher to Employee Mary Berkey, District's assistant superintendent. (Ibid.) No report was made to auth...

Excerpt: ...Spine and Neurosurgery Institute (“Plaintiff”) in order to alleviate pain caused by a herniated lumbar disc of the spine. (See FAC, ¶ 14.) On June 22, 2018, Plaintiff contacted Blue Cross to verify Patient's eligibility for benefits, and the Blue Cross agent expressly or impliedly assured Plaintiff that Defendants carried the financial responsibility to pay for Patient's anticipated medical care at the reasonable and customary value for such...

Excerpt: ...Doe 2), and GCA Services Group, Inc. (formerly Doe 3). Plaintiff asserts a single cause of action against the City and the contractors for negligence.1 The City filed a cross‐complaint against the janitorial service it contracted with to maintain the airport, namely GCA Services Group, Inc. (“GCA”). It asserts causes of action against GCA for: (1) “equitable/total/partial indemnification”; (2) express indemnity; (3) breach of contract; ...

Excerpt: ...as, Lusita Garcia and Mario Lagman entered into a written general partnership agreement (the “Agreement”) dated January 15, 1985, the purpose of which was “to engage for profit in the business of bakery and restaurant.” (FAC, ¶ 7.) Among other things, the Agreement provided that partners who devoted less than 20 hours per week to the business were not to receive any salary or compensation “until determined by the unanimous written agre...

Excerpt: ...began verbally assaulting Plaintiff because of her gender and sexual orientation. (Ibid.) For example, he said he would not drive a district vehicle with a “gay” logo, but told Plaintiff it was okay for her to do so because she is a “lesbo.” (Ibid.) He subsequently asked her about whether she ever went to a sex shop to buy a dildo, and stated she should “try the real thing.” (Ibid.) Furthermore, following a mass shooting in Orlando, F...

Excerpt: ...ersonal property owned by Plaintiffs. (Ibid.) Plaintiffs allege that this Policy was in full force and effect when Plaintiffs' residence and personal property were damaged or destroyed by two separate water losses. (Id. at ¶ 2.) The first loss occurred on September 11, 2010 and the other loss occurred on September 18, 2011. (Ibid.) Plaintiffs allege that the damage caused by the two water losses giving rise to Plaintiffs' claims is covered under...

Excerpt: ... maintain the Vehicle's utility or performance, or provide compensation in the event either failed during the specified period. (Ibid.) During the warranty period, the Vehicle contained or developed numerous defects. (Complaint, ¶ 6.) Plaintiff delivered the Vehicle to FCA and its representatives for repairs on several occasions, but they were unable to service or repair the Vehicle to conform to the applicable express warranty. (Id. at ¶ 7.) F...

Excerpt: ... and cash advances. (Complaint at p. 1, CC‐1.) Plaintiff periodically billed Kubo throughout the credit relationship. (Ibid.) The Complaint alleges defendant Kubo is indebted to Plaintiff in the sum of $6,067.77 as she defaulted on the credit account. (Ibid.) On September 12, 2018, Plaintiff filed a Judicial Council Form Complaint against defendant Kubo alleging causes of action for open book account and account stated. On November 21, 2018, de...

Excerpt: ...or Dismissal.” Pursuant to that order, in exchange for NY Life depositing the full policy amount with the Court, NY Life “is discharged of all liability in connection with the Death Benefit and the Policy and all claims against NYLIC that could be asserted herein and/or in relation to the Death Benefit and/or the Policy shall be and hereby are dismissed with prejudice.” Plaintiffs' original and still operative Complaint was filed Nov. 5, 20...

Excerpt: .... 3, ¶1.) On June 25, 2004, the court entered a judgment of dissolution as to Olivia and An but reserved jurisdiction on the issue of division of assets and liabilities. (Id.) On July 18, 2007, pursuant to a judgment of dissolution for division of assets and liabilities, Olivia and An agreed to sell a jointly‐owned vacation home located at 39045 N. Shore Drive in Fawnskin, CA (“Fawnskin Home”) and divide the proceeds after sale. (Id.) Howe...

Excerpt: ...l Medical Center and Good Samaritan Hospital (collectively, “Plaintiffs”) and defendant County of Santa Clara dba Valley Health Plan (“Defendant”). According to the Complaint, filed on December 15, 2020, Plaintiffs operate emergency departments in Santa Clara County and provide emergency medical services to patients. (Complaint, ¶ 1.) Defendant is a licensed “health care services plan” under the Knox‐Keene Act. (Id. at ¶ 2.) Patie...

Excerpt: ...e Complaint, Plaintiff is a medical services provider. When required, Plaintiff obtains approval from a patient's managed health care plan to perform medical services. Plaintiff provided a consultation to J.D., a patient insured under the defendants' health plan. On or about May 16, 2018, Plaintiff spoke with Anthem Blue Cross's client services representative named “Charlie M.,” to verify J.D.'s healthcare coverage. Plaintiff also spoke to �...

Excerpt: ...phy. (See FAC, ¶ 14.) Cohen represented that the oral delivery of a small molecule, “NU 106” or “HD 106”, coupled with a non‐ invasive cell‐based biomarker PBMC assay that could demonstrate the efficacy of the treatment would expedite FDA approval for the treatment. (See FAC, ¶ 14.) Cohen represented that, based on past progress, the FDA would approve the treatment for clinical trials by Q2 2016. (See FAC, ¶ 15.) Cohen stated that ...

Excerpt: ...dered by the Court where other court orders have not been followed, it is not proper to dismiss or impose a default sanction because the party has not paid sanctions previously ordered. (Newland v. Sup.Ct. (Sugasawara) (1995) 40 Cal.App.4th 608, 615—“a terminating sanction issued solely because of a failure to pay a monetary discovery sanction is never justified”.) Monetary sanctions ordered during discovery is enforceable through execution...

Excerpt: ...n. For example, during a group meeting Defendant made “homophobic comments and stated he would not drive a district vehicle with a gay logo,” but Plaintiff could drive it because she was a “ ‘lesbo.' ” (Compl., ¶ 6.) On or about January 26, 2016, Defendant asked Plaintiff why she always wore jeans and a t‐shirt. He then stated, “ ‘you have boobs you should wear girl clothes.' ” (Ibid.) Further, on or about March 10, 2016, Defen...

Excerpt: ... 2015 Toyota Sienna. (First Amended Complaint (“FAC”), ¶5.) While at defendant Bolea, plaintiff Travasso discovered and disputed issues regarding obligations stated within an August 25, 2012 purchase contract administered by Bolea. (FAC, ¶6.) Defendant Bolea orally represented a purchase contract would be administered but instead sold plaintiff Travasso a vehicle lease. (FAC, ¶¶7 – 8.) After taking possession of the vehicle, plaintiff T...

Excerpt: ...nse to request for production, set one, production of documents, and for sanctions is DENIED. A. Discovery dispute. On March 2, 2018, defendants eWiz Express Corporation (“eWiz”) and Christine Rao (“Rao”) served plaintiff Ma Laboratories, Inc. (“Ma Labs”) with a request for production of documents (“RPD”), set one, numbers 1 – 92.8 Simultaneously, all defendants served plaintiff Abraham C. Ma (“Ma”) with a RPD, set one, numb...

Excerpt: ...e compensation in the event either failed during the specified period. During the warranty period, the Vehicle contained or developed numerous defects. Because of these issues, Plaintiff delivered the Vehicle to Defendant and its representatives for repairs but they were unable to service or repair the Vehicle to conform to the applicable express warranty, even after a reasonable number of opportunities. Because of these failures, Plaintiff was e...

Excerpt: ...er‐to‐bumper warranty and a five‐year/100,000‐mile powertrain warranty. The warranties stated Defendant was to preserve or maintain the Vehicle's utility or performance, or provide compensation in the event either failed during the specified periods. During the warranty period, the Vehicle contained or developed numerous defects, including but not limited to: leaking water pump; rupture and leakage of right front axle seal; and knocking n...

Excerpt: ...May 2006, Plaintiffs obtained $612,500 in financing secured by the Property, executing a Promissory Note and Deed of Trust in favor of World Savings Bank, F.S.B. (Id. at ¶ 8.) The loan payment included an escrow payment designed to pay taxes and insurance on the Property. (Ibid.) Defendant Wells Fargo Bank, N.A. (“Wells Fargo”) is the current owner of Plaintiffs' loan and beneficiary of the Deed of Trust securing the mortgage loan. (Id. at �...

Excerpt: ... up by defendant Pelio & Associates, Inc. (“Pelio”), for the express purpose of owning the complex, including the subject property. (See FAC, ¶¶ 20‐23.) LDJ and Pelio, of which defendant Jon Shank (“Shank”) (collectively, with LDJ and Pelio, “Defendants”) is each the owner, fail to abide by corporate formalities, and share the assets of each other such that they and Shank are the alter egos of each other. (See FAC, ¶¶ 23‐27.) ...

Excerpt: ...lleging causes of action for breach of contract, common counts, and account stated. Cerda filed a cross‐complaint against the Law Office, pleading claims for: (1) professional negligence, (2) breach of fiduciary duties, and (3) breach of contract1 . As alleged in the cross‐complaint, Cerda retained the Law Office to represent him in a contentious divorce involving many issues over the division of property. (Cross‐Comp., ¶ 12.) In particula...

Excerpt: ...CV‐222582 (“Shadafni Action”). (Complaint, ¶¶6 – 8.) In a matter related to the Shadafni Action, defendants Sharon Ajlouni and Karen Ajlouni (collectively, “Ajlounis”) filed a lawsuit against Hawari, Searles and SCI in Santa Clara County Superior Court, case number 1‐13‐CV‐242018 (“Ajlouni Action”). (Complaint, ¶¶6 – 8.) Defendant Michael Prozan (“Prozan”), a California licensed attorney, represented Shadafni and t...

Excerpt: ...tion against Defendants in November 2013, by filing a complaint for breach of contract, negligence, fraud, and violations of Business and Professions Code sections 9884.8 and 9884.9 (governing invoices and written estimates, respectively, by auto repair dealers). Plaintiff alleged that Defendants breached a contract to repair and restore his 1959 Austin Healey vehicle. Specifically, Defendants allegedly began work before issuing an estimate, perf...

Excerpt: ...� 1.) Defendants Diana A. Southern and Richard Southern, individually and as trustees of the Southern Family Revocable Trust dated 4‐15‐2003 (collectively, “Defendants”), are owners of real property located at 21283 Cinnabar Hills Road in San Jose, California. (Id. at ¶ 2.) Cinnabar Hills Road is a roadway parcel (the “Roadway Parcel”) extending from the base of Bertram Road, in Santa Clara, California. (FAC at ¶ 5.) The Santa Clara...

Excerpt: ...ctors. (Complaint, ¶ 1.) HFC was founded by Plaintiff and her husband, S. Leonard Kirchick (“SLK”). (Id. at ¶ 7.) Defendant Alan Kirchick (“Alan”5 ) is also a 50% shareholder of record for HFC and one of two directors for the Company. (Id. at ¶ 2.) Defendant AMK Insurance Agency (“AMK”), owned by defendant Alan, is a California Corporation with its principal place of business in San Jose, California. (Id. at ¶¶ 3, 8.) SLK also wo...

Excerpt: ...as paid on an hourly basis as a non‐exempt employee. (Ibid.) Plaintiff alleges that Inter‐Con failed to pay security guards/officers on a weekly basis as required of “temporary services employers” by Labor Code section 201.3. (Id. at ¶ 16.) Based on these allegations, he asserts a single cause of action under PAGA. II. Requests for Judicial Notice Defendant's request for judicial notice of legislative history materials related to section...

Excerpt: ...endants have not joined their motion and indicate that they will oppose plaintiffs' attorney fee request at the appropriate time. I. Factual and Procedural Background Headquartered in Sunnyvale, California, AFOP was a Delaware corporation that produced fiber optic components and integrated modules for communications equipment. (First Amended Complaint in Bushansky, Case No. 16‐CV‐294245 (“FAC”), ¶¶ 2, 11.) On April 7, 2016, the company ...

Excerpt: ...rtment 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action arising out of various alleged Labor Code violations. The First Amended Class Action Complaint, filed on May 11, 2018, sets forth the following causes of action: (1) Failure to Pay Overtime Wages; (2) Failure to Pay Minimum Wage; (3) Failure to Provide Mandated Meal Periods; (4) Failure to Provide Mandated Rest Periods; (5) Failure to P...

Excerpt: ...AND COSTS AND APPROVAL OF SERVICE AWARD The above‐entitled action comes on for hearing before the Honorable Thomas E. Kuhnle on January 25, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative consumer class action brought pursuant to the California Rosenthal Fair Debt Collection Practices Act. (Complaint, ¶ 1.) Plaintiff Judis Corso (“Plaintiff”) alleges defendants ha...

Excerpt: ...urt now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action arising out of various alleged Labor Code violations. According to the allegations of the Third Amended Complaint (“TAC”), filed on March 23, 2017, plaintiff Valerie Cook (“Plaintiff”) and the putative class members were employed by defendant A is for Apple (“Defendant”) as non‐exempt paraprofessional therapists. (TAC, ¶ 7.) During the c...

Excerpt: ...Inc., alleging the defendants failed to inform them of the severity of the property's structural issues and did not repair the property as required under the controlling covenants, conditions and restrictions. San Jose Creekside Villa Homeowner's Association (“Cross‐Complainant”) subsequently filed a cross‐ complaint against Plaintiffs and Associa Northern California, Inc. (“Associa”). According to the operative First Amended Cross‐...

Excerpt: ... the allegations of the complaint, Simoncini's property located at 1694 The Alameda, San Jose, California (the “Property”) suffered a “water loss” resulting in damage. Simoncini hired Giuliani to repair the damage. Giuliani performed the work contracted for, but Simoncini did not pay it in full. Guiliani therefore sued Simoncini for breach of contract, among other things. In turn, Simoncini filed a cross‐complaint against Deans & Homer,...

Excerpt: ...four commercial properties: the Palm Valley Apartments; the Magic Sands mobile home park; Villa Teresa mobile home park; and La Buona Vita mobile home park. (FAC, ¶¶ 3–4, 7–8.) The Barbaccias' family friend Jack Previte managed their businesses and finances for many years. (FAC, ¶ 7.) In 2004, they executed a 10‐year management agreement delegating their responsibilities as trustees of the Barbaccia Trust to Mr. Previte and fixing compen...

Excerpt: ...intiff was a Jesuit employed by SCU as the Assistant Dean. He oversaw the Alcohol and Drug Program and Services, and analyzed years of accumulated data on the use of alcohol and drugs used by SCU students. This data revealed that over half of SCU's students engaged in heavy alcohol use, the consequences of which negatively affected the health and safety of students. Plaintiff provided a report containing these findings to Duncan, Plaintiff's dire...

Excerpt: ...ction arises out of legal services provided to Plaintiff by Defendants. Plaintiff filed his original complaint against Defendants in April 2017. Subsequently, Defendants demurred to the complaint. Plaintiff filed papers in opposition to the demurrer. The demurrer proceeded to hearing on May 17, 2018. At the hearing, the court (Hon. Theodore C. Zayner) adopted its tentative ruling, sustaining the demurrer to the complaint with 10 days' leave to am...

Excerpt: ...�Defendant” or “FusionStorm”) is a staffing company that matches professionals such as Plaintiff with companies in need of their services. (Complaint, ¶ 7.) In November 2015, Plaintiff and Defendant entered into a partially written and partially oral contract pursuant to which Plaintiff was to begin working with Gilead. (FAC, ¶ 8.) The contract provided that the term of employment was to be no less than 6 months, while Defendant represent...

Excerpt: ...red into a construction contract (“Contract”) whereby plaintiff BHL would perform certain work at the work of improvement commonly known as TechShop – San Jose located at 40 S. 2nd Street in San Jose (“Project”). (SAC, ¶8 and Exh. 1.) Plaintiff BHL completed all of its work required under the Contract. (SAC, ¶9.) Defendant TechShop breached the Contract by failing to pay the sum of $688,622.57 due and owing to plaintiff BHL for work p...

Excerpt: ...n Rafael (“Property”). (Complaint, ¶7.) The loan was secured by a second deed of trust on the Property and also secured with a second deed of trust on Plaintiffs' primary residence at 15 Peacock Circle in American Canyon. (Complaint, ¶7.) In or about August 2007, defendant Capital appointed Gateway Bank FSB (“Gateway”) to service the loan and be responsible for collecting mortgage payments and year‐end statements. (Complaint, ¶8.) In...

Excerpt: ...r the surgery, plaintiff Billy Usher repeatedly told defendant Dr. Yeh that the hand was worse and that it now had more pain and electrical sensations. (Id.) Defendant Dr. Yeh negligently failed to perform any diagnostic tests that would have revealed the nerve was severed. (Id.) As a result of defendant Dr. Yeh's negligence, plaintiff Billy Usher suffered severe and permanent injuries. (Id.) Plaintiff Billy Usher underwent additional surgery wit...

Excerpt: ...ew York and an industry leader sought after by various technology companies for senior executive roles. (FAC, ¶ 21.) In early 2018, Mishra, a board member of the Company, arranged a meeting between Plaintiff and Malavalli, whom he described to Plaintiff as a Silicon Valley legend and representative of the Company. (Id. at ¶ 22.) During this meeting, Malavalli sought to bring Plaintiff on as CEO of the Company, orally representing the Company ha...

Excerpt: ...ransfers over a 17 day period totaling $46,683,232. Chakravarthy departed Ubiquiti soon after the loss, and Ubiquiti sought coverage for the alleged loss, pursuant to the Computer Fraud and Funds Transfer Fraud coverages of the Commercial Crime Policy issued by defendant National Union Fire Insurance Company of Pittsburgh, PA (“NUF” or “Defendant”). NUF denied coverage purportedly because the alleged loss did not fall within either insuri...

Excerpt: ..., ¶ 3.) Ladden purportedly served Seitzinger with summons and complaint in the Underlying Action on April 23, 2014 by substitute service on an individual named Dan Martin, 55 years old with gray hair, 5'8” and 170 pounds, the occupant at 7392 Crews Road in Gilroy. (Complaint, ¶ 4.) However, service of process did not occur as described. (Id. at ¶ 5.) The address above is the home of Seitzinger's son, Daniel Seitzinger, but he was not at home...

Excerpt: ...n for premises liability. The operative pleadings limit the issues presented for summary judgment, and such a motion may not be granted or denied by issues not raised by the pleadings. (See Government Employees Ins. Co. v. Sup. Ct. (2000) 79 Cal.App.4th 95, 98; Laabs v. City of Victorville (2008) 163 Cal.App.4th 1242, 1258; Nieto v. Blue Shield of Calif. Life & Health Ins. (2010) 181 Cal.App.4th 60, 73 [“the pleadings determine the scope of rel...

Excerpt: ...outs. (See complaint, ¶ 10.) In November 2008, Guinto arranged an overnight weekend camping trip for Pack 220 and obtained “parent proxies” from Plaintiff's mother and another boy, “John Doe,” to permit him to act as their legal guardian. (See complaint, ¶ 11.) One evening during this trip, Plaintiff woke up in his tent to witness Guinto molesting and/or impermissibly touching John Doe's genitals. (See complaint, ¶ 12.) Further, during...

Excerpt: ...(Compl., ¶ 11.) Plaintiff alleges Defendants misclassified him as an independent contractor and failed to pay all of his wages. (Compl., ¶¶ 12‐14.) When Defendants first hired Plaintiff, they paid him $10,000 a month and a commission of 30 percent of their gross profits for each project. (Compl., ¶ 13.) In October 2015, Plaintiff began earning $10,000 a month plus a commission of 10 percent of the net profits per project. (Compl., ¶ 13.) P...

Excerpt: ...aid that he might be called to testify if the Plaintiff forgot something. Unsatisfied with this response, Defense counsel cancelled the deposition. No motion for protective order has been filed. This motion seeks the cost of the court reporter, the interpreter, the attorney time to prepare for the deposition, attorney travel to the deposition site, and attorney time to prepare for the deposition, all in the amount of just over $3,110. Although th...

Excerpt: ...y 2006, Plaintiffs obtained $612,500 in financing secured by the Property, executing a Promissory Note and Deed of Trust in favor of World Savings Bank, F.S.B. (Id. at ¶ 8.) The loan payment included an escrow payment designed to pay taxes and insurance on the Property. (Ibid.) Defendant Wells Fargo Bank, N.A. (“Wells Fargo”) is the current owner of Plaintiffs' loan and beneficiary of the Deed of Trust securing the mortgage loan. (Id. at ¶ ...

Excerpt: ...c. (“Brion”) including all of its employee contracts. (Id. at ¶¶ 3‐4.) Brion is the global leader in computational lithography and operates as a division of ASML. (Id. at ¶ 3.) Brion developed unique and proprietary techniques to perform computational lithography from which ASML derives hundreds of millions of dollars in revenue each year. (Ibid.) In 2014, Xtal was founded by two former Brion employees. (Id. at ¶ 5.) Though ASML origina...