Excerpt: ...urance Company (“CIC”), along with Premier Claims Management, Inc. (“Premier”) for their refusal to indemnify and defend Apec in an underlying action for negligence and fraud arising from construction and repairs to a single‐family home (Brassfield v. Elias, case no. 17CV305267). The underlying action remains pending in Santa Clara County. In the operative First Amended Complaint (“FAC”) filed March 6, 2019, plaintiff Apec alleges c...

Excerpt: ...the underlying complaint (“Complaint”), on November 16, 2011, plaintiff Beth Gray (“Gray” or “Plaintiff”) was seriously injured when she slipped and fell on the stairs leading to her room at the JRC. Plaintiff alleges that the stairs, which were wet when she fell and were made of a smooth stone material that became slick when wet, lacked “friction strips” and only had a handrail on one side. She further alleges that the lighting w...

Excerpt: ... company specializing in the contract manufacture of printed circuit boards used in electronic devices and their components. (Complaint, ¶¶ 11, 12.) At the time of formation, Malek was the sole shareholder. (Id., ¶ 13.) In January 2017, Malek agreed to transfer 15% of iTronix to Ma. (Id.) In 2012, Ma joined iTronix as an officer, and has officially been the company's CEO from 2017 through at least December 2019. (Complaint, ¶ 14.) At all rele...

Excerpt: ...the underlying complaint (“Complaint”), on November 16, 2011, plaintiff Beth Gray (“Gray” or “Plaintiff”) was seriously injured when she slipped and fell on the stairs leading to her room at the JRC. Plaintiff alleges that the stairs, which were wet when she fell and were made of a smooth stone material that became slick when wet, lacked “friction strips” and only had a handrail on one side. She further alleges that the lighting w...

Excerpt: ... which Hashemieh is the managing member—from nonparty GEX Management, Inc. Although Hashemieh initially welcomed Setco and acknowledged its new status as a member of the LLC, Hashemieh and Payroll Express subsequently refused to acknowledge Setco's membership and accompanying rights, including the right to distributions. According to Setco, Hashemieh claims the sale of GEX Management, Inc.'s interest to Setco is void. And so, Setco commenced th...

Excerpt: ...ing practice and form a new practice of their own. (FAC, ¶ 8.) The surgeons met defendant Blatz—then counsel for defendant Bay Area Surgical Management, LLC (“Surgical Management”)—through an acquaintance and hired him to assist with the formation and incorporation of their new practice, including the hiring of a practice manager that could provide billing and other management services. (FAC, ¶¶ 9–11.) Blatz provided inadequate legal...

Excerpt: ...uling as follows: I. INTRODUCTION This action arises out of alleged trade secret misappropriation. The Fourth Amended Complaint, filed on May 18, 2020, sets forth the following causes of action: (1) Breach of Contract; (2) Breach of the Covenant of Good Faith and Fair Dealing; (3) Unfair Business Practices; (4) Intentional Interference with Contractual Relations; (5) Intentional Interference ‐ 2 ‐ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ...

Excerpt: ...as on August 14, 2020 at 9:00 a.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action and representative action arising out of various alleged wage and hour violations. The Second Amended Complaint (“SAC”), filed December 13, 2017, sets forth the following causes of action: (1) Failure to Provide Meal Periods; (2) Failure to Provide Rest Periods; (3) Failure to Pay Hourly Wag...

Excerpt: ...20 at 9:00 a.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action and representative action arising out of various alleged wage and hour violations. The First Amended Complaint (“FAC”), filed on October 5, 2018, sets forth the following causes of action: (1) Failure to Provide Meal Periods; (2) Failure to Provide Rest Periods; (3) Failure to Pay Hourly Wages; (4) Failure to ...

Excerpt: ...t 9:00 a.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a representative action brought pursuant to the Private Attorneys General Act of 2004 (“PAGA”) arising out of various alleged wage and hour violations. The Second Amended Complaint (“SAC”), filed by plaintiff Robert Buchanan (“Plaintiff”) on November 5, 2019, sets forth the following causes of action: (1) Penalties Under the PAGA...

Excerpt: ...R TO FIRST AMENDED COMPLAINT The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on August 14, 2020 at 9:00 a.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a construction defect action. According to the allegations of the First Amended Complaint (“FAC”), filed on January 17, 2020, an entity named 360 Residences, LLC entered into a contract in 2008 with Bov...

Excerpt: ... cause of action in the same pleading. I. Background A. Factual 1. The Complaint This action involves claims arising out of a dispute over the ownership of a piece of real property located at 733 Hathaway Court in San Jose (the “Property”). (Complaint, ¶ 1.) According to the allegations of the underlying complaint (“Complaint”), in 2006, Liliana1 and Ramos entered into a personal relationship which concluded in 2018. (Id., ¶ 7.) During ...

Excerpt: ...chase a piece of property and develop on it a commercial building. (Id. at ¶ 12.) To that end, in 2004 or 2005, Asghar formed an LLC called Rumi Group (“LLC”) with the four siblings as members. (Ibid.) Each member was required to make an initial capital contribution based on his or her percentage of ownership. (Id. at ¶ 13.) Neither Plaintiff, Defendant, nor Mahin had sufficient cash to pay their respective capital contributions, but Plaint...

Excerpt: ...erinary surgeon. (SAC at ¶1.) He entered into contracts with United for employment as a Veterinarian, Associate Veterinarian, Hospital Medical Director, and Development Director. (SAC at ¶14.) He was subsequently voted onto the Board of Directors of United. (Id.) During Plaintiff's employment, Defendants Shirey and Moore allegedly engaged in conduct contrary to United's interests which led to tension between them and Plaintiff. (SAC at ¶20.) L...

Excerpt: ...u, Feng Chen, Yuhao Pan, Ruoyi Liang, and ZhuangZhuang Zhang (collectively, “Gao Plaintiffs”), Chinese citizens, are part of a group of 90 investors who each paid $555,000 to defendants Bethany Liou (“Liou”) and Golden California Regional Center (“GCRC”) to become limited partners of defendant GCRC Cupertino Fund (“Cupertino Fund”) in order to obtain lawful permanent resident status in the United States through the EB5 program. (F...

Excerpt: ...was again told that she was a trespasser and had to leave and not return. (Id.) While she was upset and traumatized, Plaintiff then gave her identifying information to Target store management and explained to the management that there was an error by security, and that they should fix the problem. (Id.) Despite the fact that Plaintiff provided Target management with her information, they did not contact her. (Id.) On November 1, 2018, Plaintiff f...

Excerpt: ...tion, which operates at temple in San Jose, California and has over 9,000 members. (Complaint, ¶ 6.) The temple is a place of worship and a location where the Sikh community congregates daily, including, men, women and children. (Ibid.) Dhillon is the President of Sikh Gurdwara‐San Jose and a member of its governing Parbandhak Committee. (Ibid.) Bainiwal is also a member of the Parbandhak Committee. (Id. at ¶ 7.) Defendant is a member of Sikh...

Excerpt: ...auren Edwards (“Edwards”) of defendant Gomez Edwards Law Group, LLP (erroneously sued as Gomez Edwards Law Group; hereafter, “Gomez‐Edwards”). (Complaint, ¶¶1, 4, 5 and 7.) On January 7, 2020, plaintiff Oster filed a complaint against defendant Gomez‐Edwards asserting causes of action for: (1) Aiding and Abetting False Reports to Police (2) Aiding and Abetting Fraud (3) Perjury and Fraud (4) Concealing Evidence (5) Retaliation, Diss...

Excerpt: ...ndant City of Palo Alto (“City”) to restore section 4 of Article V of the City Charter, which since 1978 provided for binding interest arbitration of unresolved disputes between the City and its police or fire department employee organizations relating to wages, hours or terms and conditions of employment. (Complaint, ¶1.) In July 2010, the City asked staff to develop language to eliminate Article V of the City Charter, the dispute resolutio...

Excerpt: ...of District's schools. Plaintiff filed a complaint against District and Teacher on February 13, 2019. On November 21, 2019, the Court consolidated Plaintiff's action with the following cases for all purposes, except trial: (1) Jane Doe v. Union School District, et al. (Santa Clara County Superior Court, Case No. 19‐CV‐343088); and (2) Jane Doe 1 and 2 v. Union School District, et al. (Santa Clara County Superior Court, Case No. 19‐CV‐3481...

Excerpt: ...nt. Therein, Plaintiff alleges that Vicini and Martinez are California Highway Patrol officers and she suffered general damages, emotional distress, mental distress, and medical negligence. Plaintiff checked boxes in the form complaint indicating that she attached causes of action for general negligence, intentional tort, “medical negligence, officer misconduct, [and] sexually grooped [sic].” (FAC, ¶ 10.) However, those causes of action are ...

Excerpt: ...in and opening a new surgery center in November 2015. (First Amended Complaint (“FAC”), ¶ 10.) The Nguyens planned to cover the start‐up expenses with a personally‐guaranteed loan of $700,000. (FAC, ¶ 11.) They asked Trevino to both invest in and help launch the practice and also to personally guarantee this loan in exchange for 10 “units” of ownership interest amounting to a one‐third stake in the practice. (FAC, ¶ 11.) They pro...

Excerpt: ...to regularly account for and distribute profits to Lopez. When Lopez decided to leave the business in April 2019, Sharp locked him out, failed to provide him with an accurate final accounting and distribution, and retained possession of Lopez's metal‐cutting machine. Lopez's machine was valued at $50,000, and Lopez was still personally making monthly installment payments for the machine on top of the initial $8,000 down payment he made. Yet, Sh...

Excerpt: ...tiff seeks to recover the workers' compensation benefits it disbursed to Defendants for treatment of the employee's initial work‐related injury as well as additional benefits it had to disburse for the new and exacerbated injuries the employee suffered due to Massey's misconduct as a physician—consisting of a coerced, nonconsensual sexual relationship—which injuries were deemed to be an outgrowth of the original workrelated injury and subje...

Excerpt: ...s motion to quash for lack of personal jurisdiction; (2) Innogy SE's demurrer to the First Amended and Supplemental Complaint (“FAC”); (3) Innogy NV's demurrer to the FAC; (4) plaintiff's motion to compel further discovery responses by Innogy NV; and (5) plaintiff's motion to compel further discovery responses by Innogy SE. I. Allegations of the Operative Complaint According to the FAC, Rogers and his business partner Michael Mintz formed iTy...