Excerpt: ...efendants”) owners of a home located at 17992 Hillwood Lane, Morgan Hill, California, and Defendants Edgar Lombera and Monica Sanchez (“Lombera Defendants”) owners of a home located at 17990 Hillwood Lane, Morgan Hill, California. Plaintiff alleges that he suffered injuries on December 20, 2019 when he fell while performing work (as an unlicensed contractor) on the roof of the Smithson Defendants' house. The original and still operative Com...

Excerpt: ...ion “put her life in jeopardy.” B. Procedural Based on the foregoing allegations, Plaintiff filed the FAC on May 2, 2018, asserting a single claim for professional negligence. On July 31, 2020, Defendant filed the instant motion for summary judgment. Plaintiff opposes the motion. II. Defendant's Motion for Summary Judgment A. Burden of Proof “A defendant seeking summary judgment [or adjudication] must show that at least one element of the p...

Excerpt: ...hing the UUT, which authorizes a local tax for telephone services. (Compl., ¶¶ 8‐9.) The UUT is automatically charged to City taxpayers each month by telephone providers as part of their normal billing practice on behalf of the City. (Id. at ¶¶ 1, 9.) For purposes of the UUT ordinance, the City adopted the definition of taxable telephone services prescribed by federal statute in relation to excise taxes. (Compl., ¶ 10.) Beginning in 2005, ...

Excerpt: ...signed nonsolicitation and non‐ competition agreements, in February 2008, Taresh and Amar agreed to form the company but have all shares issued in their wives names, Swapnil Anand (“Swapnil”) and Taproop Virk (“Taproop”), respectively. (See TAC, ¶ 11.) Taproop paid $35,000 and Amar began working for defendant Anjaneyap, Inc. (“AI”) for a 49% interest in AI. (See TAC, ¶ 12.) In March 2009, Amar realized that they did not have any p...

Excerpt: ... ground that Jesmar's work was completed and accepted by DPM prior to Mendoza's accident. Dollinger opposes this motion. Jesmar also moves for leave to amend its answer to Dollinger's cross‐ complaint to assert a defense based on the completed and accepted doctrine. The motion for leave to amend is unopposed. I. Background Plaintiff filed the original complaint in this action on August 2, 2016, alleging that he was injured when he fell into a h...

Excerpt: ...ing to the operative complaint, plaintiff was hired by defendant to work as a security guard/officer in October 2018. (Complaint, ¶ 6.) He alleges that defendant is a licensed private patrol operator and that he and other aggrieved employees are licensed security guards required to be paid on a weekly basis pursuant to Labor Code section 201.3 (Id., ¶ 16.) Plaintiff further alleges that he and other aggrieved employees were not assigned to work...

Excerpt: ... caused Plaintiff to suffer injuries on the seesaw, which was purportedly structurally unsafe and knowingly designed by Defendants to reach a top height that did not comply with safety guidelines. In the First Amended Complaint (“FAC”) Plaintiff asserted claims for negligence, intentional tort and premises liability, and requested punitive damages. In January 2020, Defendants demurred to the “cause of action” for exemplary damages or, in ...

Excerpt: ...ed daycare at Santa Teresa Children's Center, which is located at defendant Santa Teresa High School. (FAC, ¶ 1.) The high school is a division of District. (Id. at ¶¶ 1 & 4.) At all relevant times, District owned, operated, sponsored, supervised, maintained, and controlled the daycare center and its employees and/or agents. (Id. at ¶ 4.) Defendant Donna Walker (“Walker”) was employed as a “Registrar” and was an employee and/or agent ...

Excerpt: ...“DXC”) (the “Merger”). Before the Court is a demurrer by HPE, DXC, and the individual defendants on the grounds that each cause of action in the operative Consolidated Complaint fails to state a claim. (Code Civ. Proc., § 430.10, subd. (e).) Plaintiffs oppose the demurrer. On July 15, 2020, the Court denied defendants' motion to stay this action in favor of a related federal action, Costanzo v. DXC Tech. Co. (N.D. Cal., No. 5:19‐CV‐0...

Excerpt: ...San Jose, California. (Complaint, ¶ 8.) FPI is a property management company and Treadaway is its president, chief executive officer, and controlling shareholder. (Id. at ¶ 10.) On May 23, 2002, Plaintiff and Defendants allegedly entered into a management agreement for the apartment complex. (Complaint, ¶ 11.) Under the agreement, Defendants would manage the apartment complex in exchange for payment of a fee from Plaintiff. (Ibid.) FPI was res...

Excerpt: ...d with this action. Plaintiff's original complaint in this action was filed on January 23, 2020 and stated claims for 1) Breach of Written Contract; 2) Fraud; 3) Negligent Misrepresentation; 4) Intentional Interference with Prospective Economic Advantage; 5) Declaratory Relief (seeking a declaration as to Plaintiff's right to sublease under the lease); 6) Retaliation (alleging that Defendant's refusal to consent to sublease, service of a Notice t...

Excerpt: ...antez, and, in April 2015, arranged for the merger of Plaintiff with Talamantez' Castling Kids Chess, and then the hiring of Talamantez as Plaintiff's Director of Enrichment. (See SAC, ¶¶ 37‐38.) On May 14, 2018, Talamantez executed a nondisclosure agreement with Plaintiff, in which he agreed not to disclose Plaintiff's confidential information or solicit its customers and to return all property in his possession at the time of termination wi...

Excerpt: ...n San Francisco County Superior Court (it was later transferred to Santa Clara County). The named Plaintiffs in that Complaint were Michael Rothenberg, Rothenberg Ventures LLC, Rothenberg Ventures 2015 Fund LLC (“2015 Fund”) and Rothenberg Ventures 2016 Accredited Fund (“2016 Fund”). The Complaint states claims against Defendant for: 1) Negligence; 2) Deceit (fraud); 3) Fraud and Deceit (fraudulent concealment); 4) Negligent Interference ...

Excerpt: ...ealty & Mortgage Corporation (“CR”), a licensed real estate company, represented Plaintiff. (Id., ¶ 9.) Sellers were represented by Alan Huynh and KW Silicon City (“Sellers' Agents”). (Id., ¶ 9.) Escrow ultimate closed on October 8, 2015, with Plaintiff purchasing the Property for $1.4 million. (Id. and Exhibit A.) Prior to close of escrow, Plaintiff visited the Property and noticed the basketball court located in the backyard had becom...

Excerpt: ... on November 11, 2017, McMichael was driving a KMA ambulance in a negligent manner, causing it to collide with Plaintiff's vehicle, resulting in injuries to her. F. Procedural Based on the foregoing, the Complaint3 was filed on November 6, 2019, asserting a single claim for motor vehicle negligence. On August 14, 2020, Defendants filed the instant motion for summary judgment. Plaintiff opposes the motion. VII. Defendants' Motion for Summary Judgm...

Excerpt: ...t, 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 9 November 2020. Please specify the issue to be contested when calling the Court and Counsel. Demurrer and Motion to Strike to the Complaint by Defendants County of Santa Clara and Inessa Christy. I. Statement of Facts. Plaintiffs Laura Atondo, Mona Brown (“Brown”), Catherine Carrillo, and Olga Vizcarra ...

Excerpt: ... and CR Realty & Mortgage Corporation (“CR”), a licensed real estate company, represented Plaintiff. (Id., ¶ 9.) Sellers were represented by Alan Huynh and KW Silicon City (“Sellers' Agents”). (Id., ¶ 9.) Escrow ultimate closed on October 8, 2015, with Plaintiff purchasing the Property for $1.4 million. (Id. and Exhibit A.) Prior to close of escrow, Plaintiff visited the Property and noticed the basketball court located in the backyard ...

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 19 October 2020. Please specify the issue to be contested when calling the Court and Counsel. Order On Motion Of Defendants Kaushik Banerjee And Arkesh Ventures, Inc. For Relief From Default. I. Statement of Facts. Plaintiff filed this complaint on 10 March 2017.21 Plaintiff Golden Properties arranged a lea...

Excerpt: ...treet, 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 19 October 2020. Please specify the issue to be contested when calling the Court and Counsel. Order on Motion of Defendants to Compel Plaintiff to Respond to Form Interrogatories, Set 1; Special Interrogatories, Set 1; Requests for Production of Documents, Set 1; and for Monetary Sanctions. I. Statement ...

Excerpt: ...ction 8 (a) of the contract, the closing date for the transaction was required to occur when a certificate of occupancy was issued, as San Jose Municipal Code § 24.02.610(A) prohibited usage or occupancy of the subject property prior to the issuance of a certificate of occupancy. (See SAC, ¶¶ 15‐16.) The certificate for occupancy was issued on January 31, 2018 and San Jose has repeatedly rejected TM's attempts to obtain a certificate of occu...

Excerpt: ...h First Street, 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 9 November 2020. Please specify the issue to be contested when calling the Court and Counsel. Order On Motions For Judgment On the Pleadings And For Summary Judgment/Summary Adjudication of All Affirmative Defenses. I. Statement of Facts. On 11 September 2019, plaintiff Breckenridge Property Fun...

Excerpt: ... Complaint (“FAC”) was filed on July 20, 2020. The FAC alleges that Plaintiff was/is an independent contractor and/or distributor who sells personal care products from Nu Skin International, Inc. (“Nu Skin”), a Utah based company that allegedly uses a Network Marketing/Multi‐Level Marketing (“MLM”) Program for its sales. An MLM program is a direct‐sales marketing strategy in which existing distributors/vendors (“uplines”) recr...

Excerpt: ...vens was controlling/operating/maintaining the intersection at Great American Parkway and Tasman Drive in Santa Clara. The FAC alleges that Officer Havens performed his duties in a negligent manner, resulting in a collision between Plaintiff's vehicle and a vehicle operated by defendant Peter Lishnerness (“Lishenerness”). (FAC, ¶ 32.) Plaintiff was injured in the collision. B. Procedural Based on the foregoing, Plaintiff filed the Complaint ...

Excerpt: ...en partnership agreement for the purpose of engaging in the practice of law and matters related thereto. (Petition, ¶¶ 1 & 3.) Fox left the partnership in or about March/April 2020. (Id. at ¶ 4.) A dispute arose concerning the disposition of partnership draws and the compensation system, and Fox's alleged breaches and/or violations of the partnership agreement and her breaches of fiduciary duties owed to Rossi and Domingue. (Id. at ¶ 2.) The ...

Excerpt: ...hing the UUT, which authorizes a local tax for telephone services. (Compl., ¶¶ 8‐9.) The UUT is automatically charged to City taxpayers each month by telephone providers as part of their normal billing practice on behalf of the City. (Id. at ¶¶ 1, 9.) For purposes of the UUT ordinance, the City adopted the definition of taxable telephone services prescribed by federal statute in relation to excise taxes. (Compl., ¶ 10.) Beginning in 2005, ...