Excerpt: ...ional Interference with Prospective Economic Relations. Plaintiffs seek punitive damages as part of each cause of action. Currently before the Court is Defendant's motion to strike the request for punitive damages and the request for attorney's fees. The Complaint alleges that after Plaintiffs represented Defendant in a prior lawsuit, he refused to pay all monies owed. After the matter went to arbitration with the Santa Clara County Bar Associati...

Excerpt: ...litigants and attorneys. Further, the in propria persona litigant is held to the same restrictive rules of procedure as an attorney.” (Burnete v. La Casa Dana Apartments (2007) 148 Cal.App.4th 1262, 1267, internal citations omitted; see also Rappleyea v. Campbell (1994) 8 Cal.4th 975, 985 [“A doctrine generally requiring or permitting exceptional treatment of parties who represent themselves would lead to a quagmire in the trial courts, and w...

Excerpt: ...et, San 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 01 September 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order Granting Motion of Defendant for Leave to File a Cross‐Complaint. I. Statement of Facts. This complaint was filed on 19 April 2019.1 Plaintiff San José Auto Outlet Plus Trucks, ...

Excerpt: ... operative FAC, in March 2007 Plaintiff was hired as an office manager by Nanosyn, a then start‐up initiated and led by CEO and CFO Nikolai Sepetov (“Sepetov”) and his wife, Vice President Olga Issakova (“Issakova”). (FAC, ¶ 13.) Plaintiff, who was initially hired in a temporary positon and shortly thereafter became a full‐time, permanent employee, was hired because of her expertise in helping startups develop systems and infrastruct...

Excerpt: ...express written warranty in which defendant FCA US LLC (“FCA”) undertook to preserve or maintain the utility or performance of the Vehicle or to provide compensation if there is a failure in utility or performance. (Id. at ¶¶ 5, 9, & 17.) The Vehicle was delivered to Plaintiff with serious defects and nonconformities to warranty, and developed other serious defects and nonconformities, including, but not limited to, electrical, engine, susp...

Excerpt: ...pril 6, 2021, the court requested supplemental briefing, and the motion was continued to May 27, 2021. On April 8, 2021, the parties stipulated to continue hearing to September 2, 2021. On August 11, 2021, Park Capital and Adam filed a supplemental brief in support; on August 20, 2021, plaintiff filed supplemental opposition; and on August 26, 2021, Park Capital and Adam filed reply. Background On August 30, 2019, plaintiff filed complaint agains...

Excerpt: ...ased or otherwise acquired the common stock of defendant Arlo Technologies, Inc. (“Arlo”) pursuant and/or traceable to the company's registration statement and prospectus issued in connection with the company's initial public offering (“IPO”). Currently before the court is the motion to dismiss for forum non conveniens pursuant to Code of Civil Procedure section 410.30, on the basis of Arlo's Federal Forum Provision (“FFP”), found in ...

Excerpt: ...MARY ADJUDICATION The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on September 1, 2021 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This coordinated action includes two wage and hour cases. The Complaint in Stewart v. Milgard Manufacturing (Stewart), filed on December 7, 2018, sets forth a single cause of action for civil penalties pursuant to the Priva...

Excerpt: ... (“Plaintiff”) filed the original Complaint on March 21, 2016. The case has never been stayed. On June 1, 2016, Plaintiff filed the operative First Amended Complaint (“FAC”) against defendant Intuitive Surgical, Inc. (“Defendant”) and Dr. Abiy Meshesha. On October 13, 2016, Plaintiff filed another action in federal court against the U.S. Government, the hospital where the Plaintiff's surgery was performed, Kaweah Delta Health Care Dis...

Excerpt: ...ts tentative ruling as follows: I. INTRODUCTION This is a representative action pursuant to the Private Attorneys General Act of 2004 (“PAGA”) on behalf of employees of defendant Vasona Management, Inc. (“Defendant”), alleging Defendant provided inaccurate wage statements that failed to identify the correct hourly rates of pay for overtime wages and the pay period start date. The original Complaint, filed on April 20, 2020, included both ...

Excerpt: ...ptember 1, 2021 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION Plaintiff Meridian at Willow Glen Homeowners Association (“Plaintiff” or the “Association”) brings this construction defect action against defendant Taylor Morrison of California, LLC (“Defendant”). Plaintiff alleges that, as a result of actions and omissions of Defendant, certain components of a common‐interest develo...

Excerpt: ...UCLA's Institute for Technology Advancement (“ITA”) and suggested that Plaintiff present to ITA. (See 4AC, ¶¶ 49‐51.) On October 7, 2009, Plaintiff provided Konda Tech's business presentation to Markovic and ITA in confidence. (See 4AC, ¶ 51.) Markovic began the presentation by presenting the confidential Konda Tech Business Presentation to defendant Leslie Lackman (“Lackman”), deputy director for ITA. (Id.) Despite the business pres...

Excerpt: ...he “Loan”) in the amount of $300,000 from Cal State 9 Credit Union (“Cal State 9”), secured by a Deed of Trust (“DOT”) encumbering real property located at 4818 Shady Meadows Place (the “Subject Property”) recorded on March 14, 2006. (FAC, ¶ 7, Exhibit A.) In July 2007, the National Credit Union Administration (“NCUA”) and the California SSA transferred primary supervision of Cal State 9 to NCUA's Division of Special Actions....

Excerpt: ..., on June 5, 2017, Quality and Lafitte entered into a written contract pursuant to which the former agreed to make various improvements on Lafitte's residence, including the installation of a new roof and a solar energy system and the replacement of gutters and downspouts. (Complaint, ¶¶ 7‐8.) Lafitte allegedly breached the contract by failing and refusing to pay Quality the amounts due under the parties' agreement. (Id., ¶ 9.) 2. Cross‐Co...

Excerpt: ...y party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 30 August 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order On Motion of Plaintiffs to Enforce Settlement Agreement. I. Statement of Facts. This matter proceeded to trial between plaintiffs and capital alliance. Apparently neither of them mentioned that Gatew...

Excerpt: ...This case has been consolidated with case no. 20CV269589. The original complaint in this action was filed on June 13, 2019. The operative Third Amended Complaint (“TAC”) was filed on February 5, 2021. The TAC states claims for: (1) Alter Ego Liability (against CMS and Perice Sibley); (2) Fraudulent Transfer of Property (Elmwood Court property, alleged against Perice Sibley and both Prosper Equity, Inc. corporations); (3) Fraudulent Transfer o...

Excerpt: ...ings, arising 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”). (FAC, ¶¶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 me...

Excerpt: ...et, San 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 30 August 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order Motion of Defendants to Compel Plaintiff to Produce Documents and for Monetary Sanctions. I. Statement of Facts. The complaint in this matter was filed on 5 February 2019.3 Plaintiff ...

Excerpt: ... San 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 30 August 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Plaintiff's Motion to Strike Portions of Defendant Arellano and Ibrahim LLC's First Amended Cross‐Complaint. I. Statement of Facts. A. Complaint. Defendant Arellano and Ibrahim LLC ...

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 25 August 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order On Motion of Plaintiff to Compel Arbitration. I. Statement of Facts. Plaintiff filed this common law complaint on 18 March 2021. On the same date, plaintiff filed a petition to compel Paci...

Excerpt: ...8. The FAC added CYT Financial Corp. (“CYT”) as a defendant and states the following causes of action: (1) violation of Civil Code section 5670; (2) violation of Civil Code section 5673; (3) violation of Civil Code section 5705; (4) violation of Civil Code section 5715; (5) violation of Civil Code section 2924f; (6) violation of Civil Code section 5710; (7) wrongful foreclosure; (8) quiet title; (9) negligence; (10) elder financial abuse; and...

Excerpt: ...ctively move to strike portions of the TAC. I. Background A. Factual According to the allegations of the TAC, on March 9, 2017, Plaintiff entered into a contract with defendant Taylor Morrison of California, LLC (“TM”) for the purchase of Lot 104 at 73 Montecito Vista Drive, Unit No. 1 in San Jose (the “Property”) for $669,745, and deposited $20,093.25 into escrow. (TAC, ¶ 23.) Pursuant to section 8(a) of the contract, the closing date f...

Excerpt: ...TAC at ¶ 12.) Tigadi left the company in 2010 and his shares were distributed equally between Sahai and Bilugu. (Ibid.) In December 2012, Sahai and Bilugu created a shell entity, eGestalt Technologies, a Delaware corporation (“eGestalt‐ Del”). (TAC at ¶ 13.) In March 2015, the eGestalt‐Del was renamed Aegify, Inc. (“Aegify”). (TAC at ¶ 15.) On February 1, 2010, Aegify made an offer of employment to plaintiff Sahai, which was accept...

Excerpt: ...o timely and fully pay Group One $3.9 million plus Change Orders in exchange for Group One's performance of the contract. (Id.) The contract was signed by cross‐defendant Jen Hao Richard Chen (“Chen”) as owner of La Encina. (See FAXC, ¶ 12.) Prior to entering the contract, Foust questioned Chen about La Encina's ability to pay for Group One's services under the contract, and Chen assured Foust that: La Encina had sufficient capital to cove...

Excerpt: ...rty opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 25 August 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order. I. Statement of Facts. Plaintiff Leire Funk, aka Leire Ferro (“Plaintiff”), filed this complaint on 6 February 2020.1 According to the operative first amended complaint (“FAC”), Plaintiff is the...