Excerpt: ...nt “looked incapable of driving and caring for their son (extremely pale, eyes dialted [sic], body shaking and slurred speech).” (FAC, ¶ IT‐1.) Defendant had previously told his exwife that, while driving, “he suffered from double vision and short‐term memory loss,” “everything looked like a video game,” and “he could not keep his hands steady.” (Ibid.) When Defendant's ex‐wife told Defendant that he was in no condition to ...

Excerpt: ...and into an uncovered, unguarded floor opening. (See Second Amended Complaint [“SAC”], first cause of action, ¶ GN‐1.) Plaintiff was injured on the site while performing work for his employer, West Coast Architectural Sheet Metal. (See Defendant Pyramid Painting, Inc.'s [“Pyramid”] Separate Statement of Undisputed Facts at No. 3.) Plaintiff alleges defendants negligently constructed, maintained, inspected, managed, supervised and/or co...

Excerpt: ...launch AgShift as a “one‐stop agricultural data company that would aggregate and analyze farm data collected in real‐ time…to generate and sell recommendations and insights into production and market dynamics….” (Compl., ¶ 12.) On August 5, 2015, the parties orally agreed that Plaintiff would consult for this new company as a partner and cofounder with “50% equity….” (Compl., ¶ 13.) The parties never formalized this agreement ...

Excerpt: ...er this sum, Everest asserts a cause of action against Platinum for breach of contract as well as three common count claims (goods sold and delivered, book account, account stated). On June 5, 2019, Platinum, a California corporation, removed this action to federal court based on diversity jurisdiction, citing Everest's Texas citizenship.1 Initially, the district court issued an order to show cause why the action should not be remanded under the ...

Excerpt: ... necessary and physician‐ordered services to the respective patients, and charged the reasonable value of services provided. (See SAC, ¶¶ 19, 28, 37, 45.) Two of the patients did not identify any health care coverage when they presented themselves to DMC, and DMC then registered them as uninsured; however, DMC later discovered that the patients were covered through Valley Health Plan, a public health plan operated by and through defendant Cou...

Excerpt: ... consultancy business. (Complaint, ¶ 10.) In late 2016 and early 2017, Plaintiff began searching for an attorney who could provide the legal services component of her business. (Id., ¶ 11.) Plaintiff eventually met Defendant and the parties entered into an agreement (the “Agreement”) pursuant to which they agreed to share income and expenses equally and to essentially act as partners. (Id., Exhibit A.) Plaintiff was to provide office space,...

Excerpt: ...efendant falsely induced Plaintiff to provide additional sums of money with the understanding that Plaintiff could become a legal immigrant to the United States if she invested $1 million or more in a U.S. company that employed at least 15 persons. (FAC, ¶7.) Defendant provided false financial data and documents relative to SSI to induce Plaintiff to provide money. (FAC, ¶8.) Over the following months, defendants caused Plaintiff to pay over to...

Excerpt: ...lva Dairy Farms, LP, DaSilva Dairy Management, Inc., and Joe DaSilva (collectively, “DaSilva Farms”), drove through a red traffic signal directly facing him without braking or swerving at the intersection at Dale Road and Kaiser Drive in the city of Modesto and collided with the Vehicle occupied by plaintiffs Holly Wright, Richard Wright III, Jeremy Wright, and decedents Ashleigh Wright and Curtis Lanch. (Second Amended Complaint (“SAC”),...

Excerpt: ...eter Teti, Mary K. Bush, and Kelly A. Ayotte (collectively, the “Bloom Energy Defendants”) to stay all proceedings in this action in favor of a related federal action. The motion is opposed by plaintiffs. Defendants J.P. Morgan Securities LLC, Morgan Stanley & Co. LLC, Credit Suisse Securities (USA) LLC, KeyBanc Capital Markets Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Cowen and Company, LLC, HSBC Securities (USA) Inc., Oppenh...

Excerpt: ...laint, defendant provides mechanical engineering services in Santa Clara County. (Complaint, ¶ 8.) Plaintiff began his employment with defendant on January 16, 2017. (Id. at ¶ 7.) He alleges that he and other employees received wage statements that failed to list the pay period start date and the correct name of their employer. (Id. at ¶ 22.) Plaintiff also alleges that he experienced race‐based discrimination and harassment during his emplo...

Excerpt: ... and logistics industries and maintains a facility in Santa Clara County. (Complaint, ¶ 8.) Plaintiff has worked for defendant for at least 10 years and is still employed there. (Id. at ¶ 7.) He alleges that he and other employees received wage statements that failed to list the address of the legal entity that employed them and the pay period start date. (Id. at ¶ 22.) Based on these allegations, plaintiff asserts claims for (1) violation of ...

Excerpt: ...corporation engaged in contracting work, including painting and plastering, headquartered in Santa Clara County. (Complaint, ¶ 8.) Plaintiff worked for defendant as a non‐exempt employee and received defective paystubs during his employment. (Id. at ¶ 7.) He alleges that he and other employees received wage statements that failed to identify the name and/or address of their employer. (Id. at ¶ 22.) Based on these allegations, plaintiff asser...

Excerpt: ...peline purposes. (Id. at ¶ 2.) Defendant erected and maintain a water pipeline outside of the easement grant, and claim a prescriptive and/or equitable fifteenfoot wide easement. (Id. at ¶ 3.) As a result, Plaintiffs are seeking to quiet title against Defendant's claimed easement and allege causes of action for: (1) quiet title; (2) declaratory relief; and (3) injunctive relief. Presently before the Court is Defendant's demurrer. II. Judicial N...

Excerpt: ...n of Ohannes Atanian. (Complaint, Attmnt. BC‐2 at 6.) Ohannes executed an agreement with Plaintiff on behalf of Kimberly through power of attorney and as trustee of her special needs trust. (Ibid.) He paid Plaintiff using the bank accounts of the trusts. Plaintiff also provided care to Ohannes pursuant to a similar agreement. (Complaint, Attmnt. BC‐2 at 9.) Shortly thereafter, Ohannes revised his various trusts and appointed Trustee. (Ibid.) ...

Excerpt: ... admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law.” (Piccinini v. Cal. Emergency Management Agency (2014) 226 Cal.App.4th 685, 688, citing Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) “A demurrer tests only the legal sufficiency of the pleading. It admits the truth of all material factual allegations in the complaint; the question of plaintiff's ability to prove these allegations, or ...

Excerpt: ...��RiverBank”). 1 Although Plaintiff's allegations lack clarity, the theme of her pleading is that her husband, with the help of Kucera and his company JayKay and with the participation of entities such as RiverBank, arrogated to himself community assets in which Plaintiff had an interest. For example, Plaintiff and her husband were the majority shareholders of defendant Pantrol. (Third Amended Complaint (“TAC”), ¶ 56.) In 2009, Plaintiff's...

Excerpt: ...at in the event of a defect with the vehicle, it would be repaired. (See FAC, ¶ 7.) During the warranty period, the vehicle contained or developed defects relating to the steering system, the steering rack bushings, the steering gear, the power steering pump, acceleration, the sun roof drain, the front toe, the illumination of the tire low light, the amounts of pressures on brakes required to stop the vehicle, the front end of the vehicle, the d...

Excerpt: ...ecedent by 1 Plus 1 Senior Care Services Referral Agency to act as an independent contractor in providing caretaker services including, but not limited to, custodial care, management, and supervision of Decedent to prevent him from hazards, and to prevent him from physical harm and mental suffering. (Id.) Defendant so carelessly, negligently, and recklessly performed and provided in‐home senior caretaking services to Decedent and failed to prov...

Excerpt: .../or opposing party's attorney.” By order dated July 8, 2019, the Court ordered Plaintiff to serve responses to Form Interrogatories, Set One, Special Interrogatories, Set One, Request for Production of Documents, Set One, with responses to be served within twenty days after Defendants had served notice of entry of the order. The order also deemed requests for admissions admitted. The order was served by Defendants on July 15, 2019, but no respo...

Excerpt: ...carcinogens and reproductive toxins. It does so by requiring businesses to give clear and reasonable warnings before exposing the public to a chemical that is on a comprehensive list of chemicals “known to the state to cause cancer or reproductive toxicity.” (Health & Saf. Code, § 25249.6.) Actions to enforce Prop 65 may be brought by California's Attorney General, any district attorney, certain city attorneys, or a city prosecutor with the ...

Excerpt: ...mination, among other things. According to the allegations of the operative SAC, Plaintiff was formerly employed as a Sales Representative, particularly in the Endoscopy Business Unit, for Stryker from April 2006 through May 2013 and July 2014 through December 2017. (SAC, ¶ 9.) In or around December 2014, shortly after Conley became Plaintiff's manager, she shared the news of her pregnancy with him and other members of the company's management. ...

Excerpt: ...d Nazim Ali (self‐represented) (“Ali”). On April 3, 2017, Ali applied for the following positions with Cisco: (1) Senior Security Consultant; (2) VPN Security Technical Support Engineer; (3) Hybrid Cloud Consultant; (4) Security Consulting Systems/Sales Engineer; (5) IT Auditor Engineer; (6) Security and Compliance Analyst; and (7) Corporate System Engineer. (First Amended Complaint [“FAC”] at ¶¶ 48‐55, 87.) Despite Ali's qualificat...

Excerpt: ...t are Plaintiff's separately filed (but largely identical) motions to compel further responses to: 1) Requests for Admission (“RFAs”) nos. 1 and 29, and; 2) Form Interrogatories 15.1 and 16.10. Both motions were filed on September 23, 2019 and both are opposed by Defendant. Background of the Discovery Dispute On May 17, 2019 (approximately six weeks after the Complaint was filed) Plaintiff propounded the discovery at issue. (See exhibit B to ...

Excerpt: ...fendant stopped making payments after July 2018 with $25,118.03 now owed to Wells Fargo. In its original and still operative Complaint filed January 16, 2019 Wells Fargo states two cause of action two causes of action: 1) Breach of Contact (a visa credit card agreement, alleging a failure to pay the $25,118.03 now owed), and; 2) Common Counts (seeking the same amount). Attached to the Complaint as exhibit 1 is a copy of Wells Fargo's “Consumer ...

Excerpt: ...View”), and others arises out of a dispute between business partners. According to the third amended complaint (“TAC”), GCI operates a licensed card room in San Jose, California. (TAC, ¶ 1.) From 2007 to June 26, 2016, Swallow was a director and secretary of GCI. (Id. at ¶ 5.) In addition, until June 9, 2017, Swallow held 12,500 shares in GCI, equaling fifty percent of the outstanding shares. (Ibid.) At that time, Peter V. Lunardi III and...