Excerpt: ... Nevets Lane in San Jose. (See FAC, ¶¶ 1‐2.) On March 27, 2018, Liu asked Defendant Siqi Fan (“Fan”) to marry him, and she initially accepted but then rescinded, making any engagement conditional on certain financial conditions being met and her parents' approval. (See FAC, ¶ 3.) Liu and Fan's parents began negotiating the pre‐ marriage financial requirements, including adding Fan as a co‐owner on the property before the marriage, Li...

Excerpt: ... 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 DEFENDANT XL CONSTRUCTION CORP. FOR LEAVE TO FILE A CROSS‐COMPLAINT. I. Statement of Facts. Plaintiff filed this complaint on May 17th, 2018.11 The complaint arises from an incident on May 24th, 2016,...

Excerpt: ...and stated causes of action for (1) Conversion; (2) Deceit/Intentional Fraud; (3) Concealment Fraud; (4) Intentional Misrepresentation, and; (5) Breach of Fiduciary Duty against Defendant and Doe defendants. The Complaint alleged (at ¶7) that Defendant was part of “a conspiracy to steal from, deceive, and defraud Plaintiff.” It alleged at ¶13 that “Defendant abused her authority and breached her duties as Corporate Secretary and Office Ma...

Excerpt: ...rth 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 19 October 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON (1) DEMURRER TO FIRST AMENDED CROSS‐COMPLAINT; AND (2) MOTION TO STRIKE PORTIONS OF FIRST AMENDED CROSS‐COMPLAINT I. Statement of Facts. Plaintiff Blue Creek Capital, LLC (“Blue Creek�...

Excerpt: ... claimed that Plaintiff had committed assault and battery as well as being “dishonest… in his business dealings,” and filed these claims with Indian authorities, and published and republished these knowingly untrue statements to relatives, friends, and members of the Indian and California business communities, including AV Subramanyam, V.T. Venkata Ramana, Ram and Anupama Sura, DLN Shastri, and Plaintiff's mother‐in‐law Bhaunmathi. (Id....

Excerpt: ...of 2011. (FAC, pp. 2:3‐7 & 3:11‐15.) Plaintiff reported directly to Defendant's president. (Id. at p. 3:11‐15.) Plaintiff was over forty years old at all relevant times. (Id. at p. 4:2‐4.) In the summer and fall of 2018, Defendant attempted to adopt and implement a new computer software program to handle various accounting functions. (FAC, p. 3:17‐19.) Plaintiff was responsible for implementing and adopting the program. (Id. at p. 3:19�...

Excerpt: ...ervicing (“Ocwen”). Plaintiffs owned a primary residence at 2220 Rolling Hills Drive in Morgan Hill, California (the “Property”). According to the first amended complaint (“FAC”), in 1993, Plaintiffs mortgaged the Property to secure a loan from the Prudential Home Mortgage Company. (FAC, ¶ 22 & Ex. 1 [Deed of Trust].) Following an initial assignment in 1997, in 2004, a second assignment was made. (FAC, ¶ 23; see also Compl., Ex. 2 [...

Excerpt: ...st 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 19 October 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION OF DEFENDANT GERSHON MOSHE HAHN FOR SANCTIONS PURSUANT TO CODE OF CIVIL PROCEDURE, §§ 128.5 AND 128.7. I. Statement of Facts. On 19 May 2020, Plaintiff filed this complaint.14 On or about A...

Excerpt: ...rior to June 1, 2012 to November 6, 2019, Bruce (“Bruce”) and Christine (“Christine”) Smith owned the real property located at 2235 Denise Drive in Santa Clara (the “Property”). (Complaint, ¶¶ 13‐14 and Exhibit 1.) On June 1, 2012, Plaintiffs obtained various Orders of Restitution and Abstract of Judgment (the “Restitution Orders”) against Bruce and others and recorded those order with the Santa Clara County Recorder's Office ...

Excerpt: ...rocedural Background This is a personal injury action. According to the allegations of the operative FAC, on December 14, 2017, Miskell and Doe defendants 1 to 20 negligently operated a motor vehicle at South McGliney Lane in Campbell, California, causing injuries and damages to Plaintiff. (Complaint, ¶¶ MV‐1, MV‐2, & 11.) Defendant Corinthian Ground Transportation, L.A., Inc., defendant Jason Spaits (“Spaits”), Knapp, and Doe defendant...

Excerpt: ...“Remax”) (collectively, “Defendants”) for the purchase of property at 1082 Valentine Court in San Jose for $1.6 million. (See FAC, ¶ 8.) When escrow closed on March 30, 2016, construction was still unfinished and Masoumi and AP agreed to complete the construction in a workmanlike manner, incorporating a punch list into the Purchase Agreement. (See FAC, ¶ 9.) AP and Masoumi represented that construction would be finished and any necessar...

Excerpt: ...endant”), an Illinois LLC, over the enforceability of a non‐competition and non‐solicitation clause in his written employment agreement, which for an 18 month period after the employment ends barred Plaintiff from working for or doing business with essentially anyone he came into contact with during his employment with Defendant. The agreement also contained a forum selection clause requiring any legal disputes to be heard in Illinois. Ther...

Excerpt: .... He alleges the website of Star One is inaccessible to him because there are empty links, redundant links, and missing form labels that prevent the website from being properly rendered by his screen reader. Plaintiff is a member of Orange County's Credit Union, a credit union in a shared branch network with Defendant, and was unable to find an ATM with Defendant's locations webpage because of defects in its design. In the first amended complaint...

Excerpt: ...posing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 14 October 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER GRANTING MOTION OF DEFENDANT TO SET ASIDE ENTRY OF DEFAULT. I. Statement of Facts. Plaintiff filed this complaint on 4 December 2019.3 Plaintiff is alleged to be authorized to conduct business in the County of Santa Clara, State of Ca...

Excerpt: ...rtment 3. 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 Complaint, filed on June 3, 2019, sets forth the following causes of action: (1) Failure to Pay Wages and/or Overtime; (2) Meal Break Violations; (3) Rest Break Violations; 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 28 (4) Wage Stateme...

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 9 October 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION TO STRIKE PORTIONS OF PLAINTIFF'S COMPLAINT I. Statement of Facts. On or about 21 September 2019, plaintiff Kostiantyn Shyfruk (“Plaintiff”) was a patient of defendants Weimin Jin, D.M.D. (erroneou...

Excerpt: ...he tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 9 October 2020. Please specify the issue to be contested when calling the Court and Counsel. MOTION TO STRIKE PORTIONS OF THE COMPLAINT BY DEFENDANT TED YOUNG DBA TED YOUNG RESIDENTIAL DESIGN AKA TYRD I. Statement of Facts. Plaintiff Michael Pluto (self‐represented) (“Plaintiff”) filed this Complaint on 5 May 2020.3 This is an action ...

Excerpt: ...2, 2000 (collectively, “Plaintiffs” or “Sellers”) against Mark Von Kaenel, Dianna von Kaenel (erroneously sued as Dianne Von Kaenel), Kenneth Robinson, Bonnie Robinson (collectively, “Buyers”), Anthony Dariano, and Alexa Andrea Ingram‐Cuachi as Trustee of the Old Santa Cruz Revocable Trust dated January 13, 2015 arises from Sellers attempts to build an access road. Plaintiffs/Sellers filed their initial complaint on May 24, 2017 to ...

Excerpt: ...arty opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 9 October 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER GRANTING MOTION OF MORENO FAMILY LAW FIRM DEFENDANTS FOR RECOVERY OF ATTORNEY FEES AND COSTS (Code of Civil Procedure, § 425.16). I. Statement of Facts. Plaintiff, Brent Oster (Mr. Oster) filed his initial complaint on 8 Octobe...

Excerpt: ...reholder for Apollo, which owns and operates an adult day program in San Jose. (SAC, ¶¶ 2‐3.) Defendant Patrick Laurel is Mary Ann's son, and defendant Aileen Laurel is Patrick's wife and Mary Ann's daughter‐in‐law. (Id., ¶¶ 4‐5.) All three defendants have each held management positions at Apollo. (SAC, ¶¶ 4‐6.) Defendants have failed to account to Mary Ann for the profits earned by Apollo; have prevented her from receiving a sala...

Excerpt: ...she tripped on a wooden pallet concealed by black plastic. When Sinnott tripped on the pallet, she fell to the ground and, in the process, fell on her son. Both Sinnott and Anthony were injured. Sinnott struck her head on the ground, which caused a concussion, and also injured her right finger, shoulder, and back. Sinnott's son had bruises, scratches, and injuries to his neck, back, and pelvis. When Sinnott attempted to get up off the ground, she...

Excerpt: ...) Their siblings include Mahin Adeeb and Amir Kalbali. (Id. at ¶ 15.) Defendant is a real estate developer and had the idea to purchase a piece of property and develop a commercial building on it. (Id. at ¶¶ 13‐15.) To that end, Defendant and his siblings formed Rumi Group, LLC (“Rumi”) for the purpose of purchasing and developing the property. 1 (Id. at ¶¶ 3 & 15‐16.) Defendant and Plaintiff entered into an operating agreement, whic...

Excerpt: ...5 and 2016, respectively, to be its Principle Engineer. (See complaint, ¶¶ 14‐15.) The first forgivable loan was made to Kuta on August 3, 2015. (See complaint, ¶ 16.) At the end of May 2016, Kuta met with CT's CEO, Nitin Mehta, who raised Kuta's salary to $180,000 per year. (See complaint, ¶ 18.) Kuta asked Mr. Mehta about the second forgivable loan, but did not receive a response. (Id.) Kuta was in a rush to get a beta version of their pr...

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 5 October 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER DENYING MOTIONS OF PLAINTIFF FOR: 1. RELIEF FROM JUDGMENT; AND 2. LEAVE TO AMEND COMPLAINT AFTER GRANTING OF ANTI‐SLAPP MOTION. I. Statement of Facts Plaintiff, Brent Oster (Mr. Oster) again seeks to amend his initial complaint...

Excerpt: ...st 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 7 October 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON DEFENDANT'S DEMURRER TO FIRST AMENDED COMPLAINT I. Statement of Facts. Plaintiff Doctors Medical Center of Modesto, Inc. (“Plaintiff”) is a California licensed acute‐care hospital located in th...