Excerpt: ... Raymond Baez.1 As to the listed defendants, the complaint names “HarmTheriault,” “GroupXII Prop LP,” “Midland Funding,” and “John Fernando Valencia.” (Complaint, ¶ 5.) There are no allegations regarding any Doe defendants. (See complaint, ¶ 6.) In the complaint's allegations regarding the damages claimed for wrongful death and the relationships of plaintiff to the deceased are “RAYMOND BAEZ SIBLING, TERESA BAEZ MOTHER[,] DAVI...

Excerpt: ...stead, in a space for identifying any unlisted or “other” cause of action asserted and attached, Plaintiff states: “CIVIL EXTORTION OF $1,000 ACTUAL PAYMENT TO RETURN PROPERTY WITH HOME MOVIES DEFENDENT [sic] THREATENED TO RELEASE UNLESS THE PLANTIFF [sic] PAID HER $ 10,000 OR MORE STATING ‘PAY ME OR I GO TO THE POLICE[.]'” (Compl. at p. 3.) Next, Plaintiff checked boxes identifying his damages as wage loss, loss of use of property, gen...

Excerpt: ...vings Bank, beneficial interest of which was transferred to Defendant. (Id. at ¶ 10.) In March 2017, Defendant recorded a notice of default on the Property, but thereafter received and accepted mortgage payments from Plaintiff. (Ibid.) Plaintiff contends that the notice of default was invalid because of the loan payments and also because it did not contact him to discuss loss mitigation options. (Ibid.) Prior to the notice of default, Plaintiff ...

Excerpt: ...”). (First Amended Complaint (“FAC”), ¶12.) Defendant Lees employed defendant Vo as a general contractor. (FAC, ¶12.) Plaintiff Reyes was an employee or independent contractor of defendants Vo and Lees working at the Premises at the direct command of defendants Vo and Lees. (FAC, ¶13.) While in the course and scope of his employment with defendants Vo and Lees, plaintiff Reyes's hand was crushed by a vehicle owned by defendant Vo. (FAC, ...

Excerpt: ... by the City of Los Angeles Department of Airports brought in San Mateo County Superior Court (“Underlying Action”). (Second Amended Complaint (“SAC”), ¶¶1 – 4 and 9.) In 2012, the Colets entered into a written fee agreement signed by Ralph Colet. (SAC, ¶9 and Exh. A.) Between June 2012 and January 22, 2013, the Colets agreed to make payments on the incurred legal costs and fees as clients of plaintiff Dincel and plaintiff Dincel Law...

Excerpt: ...Jon Stephen Clark, Hederandy James Santana, Hong Suen Chan, and Laurie Gerst. On July 26, 2019, Plaintiffs filed a Judicial Council form complaint against defendants asserting causes of action for: (1) Negligence—Motor Vehicle (2) General Negligence (3) Negligence Per Se (4) Negligent Entrustment of a Motor Vehicle On September 17, 2019, defendants Helen Chan and Hong Suen Chan filed an answer to Plaintiffs' complaint. On September 18, 2019, de...

Excerpt: ...f about managing his savings. (First Amended Complaint [“FAC”] at ¶ 26.) Dan represented that the defendants would “only invest [Plaintiff's] savings in low‐risk stocks.” (Id. at ¶ 27.) “[Chiao] also indicated that [Pacific Bay] would collect a small percentage of [Plaintiff's] eventual investment returns as compensation for [Pacific Bay's] investment management.” (Ibid.) Plaintiff allegedly agreed to pay the defendants “reasona...

Excerpt: ...tion Procedures: The law and motion calendar in Courtroom 20 before Judge Matthew P. Guasco starts promptly at 8:30 a.m. Ex parte applications will be heard at the same time as matters on the law and motion calendar. Parties appearing by Court Call must check in with the Judicial Assistant by 8:20 a.m. No notice of intent to appear is required. Parties wishing to submit on the tentative decision must so notify the Court by e‐mail at Courtroom20...

Excerpt: ...Kuhnle on November 8, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This action arises out of alleged trade secret misappropriation. The Third Amended Complaint, filed on July 15, 2019, 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 R...

Excerpt: ...de secret disclosure on July 5, 2019. Even though this should have mooted the motion which sought nothing more than an initial trade secret disclosure, on August 7, 2019, Defendant filed what it described as an “amended” motion to compel, without court approval, and that was nothing more than a declaration without any supporting memoranda. Plaintiff asked to continue the hearing so it could obtain and file an expert declaration, which the Cou...

Excerpt: ...Recorder, stating that the deed of trust was assigned to Bank of America, National Association, successor by merger to LaSalle Bank NA as trustee for WaMu Mortgage Pass‐Through Certificates Series 2007‐OA6 Trust. (See complaint, exh. B.) On April 19, 2018, a grant deed was recorded with the Santa Clara County Recorder, granting Plaintiff's interest in the property to himself and Edward J. Perales (“Perales”) as tenants in common. (See Def...

Excerpt: ...g 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: 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 Credit Card Customer Agreement & Disclosur...

Excerpt: ...ourt entered a judgment for dissolution on November 30, 2010. (Id. at ¶ 12.) On June 24, 2009, Plaintiff filed a civil action against Stratton for sexual battery (case no. 2009‐1‐CV‐145620). (SAC at ¶ 11.) Plaintiff did not prevail in the civil action or subsequent appeal of that case. (Id. at ¶ 13.) On April 21, 2011, Stratton filed a malicious prosecution action against Plaintiff (case no. 2011‐1‐CV‐199490). (Id. at ¶ 14.) Plain...

Excerpt: ...otiated an oral agreement between Jyotish and Eclipse whereby Jyotish would provide “sales and business development activities” and build a sales team in exchange for the title “head of sales,” a 10‐percent interest in Eclipse, 11‐percent commission on gross sales, and “all amounts received over…the baseline markup on sales he made.”1 (FAC at p. 3.) Plaintiffs allege that subsequently, on June 5, 2018, Eclipse “put in writing�...

Excerpt: ... posing a security risk by hosting traffic from fraudsters, hackers, and criminals, including a group of individuals (known as the KlikVip gang) who distributed malware. According to Luminati, TMI published the report despite being notified in advance of a number of inaccuracies in it. TMI has also harmed Luminati and business partner Hola by using the antivirus software it makes to block customers from installing and using Hola's VPN application...

Excerpt: ... Arts (“SVDA”) and had danced on behalf of SVDA at Sobrato High School approximately 2 – 3 times each year. (FAC, ¶7.) During the 2014‐15 and 2015 – 2016 school years, plaintiff Jane Doe 3 was a student at Sobrato High School. (FAC, ¶8.) During that time, defendant Kevin Cole (“Cole”) sexually abused, molested, harassed, and/or assaulted plaintiff Jane Doe 3 on school grounds, many times in front of school staff. (Id.) Defendant C...

Excerpt: ...e filed. The motion for attorney fees is DENIED. The Court finds that the contract language in question provides for an award of attorney fees only to a prevailing party in an arbitration, and does not apply to litigation before any arbitration was commenced. As no arbitration ever happened, Respondent is not entitled to attorney fees. This action commenced with a petition to compel arbitration filed in 2014, initially denied in 2015, went up on ...

Excerpt: ...xclude disclosure of policy limits or for a protective order is denied without prejudice to the making of an appropriate motion, objection, or other request to the arbitrator in the arbitration proceeding. Background This is the Superior Court companion case to an uninsured/ underinsured motorist arbitration proceeding pursuant to Insurance Code section 11580.2, subdivision (f). (Fenton decl., ¶¶ 1-5.) By this petition, claimant David Flores se...

Excerpt: ... the arbitration agreement, even though Ford is not a signatory to the arbitration agreement. Because Ford is not a signatory to the arbitration agreement, the Court, and not an arbitrator, must decide whether Ford can compel Plaintiff to arbitration. “The question of whether a nonsignatory is a party to an arbitration agreement is one for the trial court in the first instance.” (American Builder's Assn. v. Au‐ Yang (1990) 226 Cal.App.3d 17...

Excerpt: ...tners who invested in a business, Happy Hollow Market, and real property together. The consolidated action includes the following cases: (1) Gurdial Dosanjh, et al. v. Mangal Singh, et al. (Santa Clara County Superior Court, Case No. 16‐CV‐293825) (“Lead Action”) (2) Gurdial Dosanjh v. Mangal Singh, et al. (Santa Clara County Superior Court, Case No. 16‐CV‐302129) (“Derivative Action”). On April 13, 2016, plaintiffs Gurdial Dosanj...

Excerpt: ...an working for Defendant, a merchant services company that primarily assists businesses in handling debit and credit card transactions, in April 2012 as a merchant sales specialist. (SAC, ¶ 18.) Plaintiff alleges that her salary was materially lower than the salaries of similarly‐situated male employees, with the latter making $55,000 to $65,000, and that she never received periodic and performance‐based salary increases as others did. (Id. ...

Excerpt: ...the warranty period, the vehicle developed numerous defects including a cooling system defect. (Id. at ¶ 31.) Plaintiffs brought the vehicle in for service on several occasions, but GM has been unable to repair the cooling system. (Id. at ¶¶ 12, 13, 14, 15, 16.) Plaintiffs sought buyback and/or restitution, but GM declined. (Id. at ¶ 10.) As a result, Plaintiffs bring the FAC alleging causes of action for: (1) violation of Civil Code section ...

Excerpt: ...FAC, ¶ ¶ 8, 9.) The original interest rate was 8.875 percent per annum. (Id. at ¶ 10.) Pursuant to the loan agreement, Plaintiff agreed to a Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing, recorded after the closing. (Id. at ¶ 12.) Several months later, Plaintiff informed Defendant of a change in contact person for the purpose of communications related to the loan agreement. (FAC, ¶ 13.) The loan maturit...

Excerpt: ...admitted to the Santa Clara Valley Medical Center on December 20, 2017 where his right foot was amputated. Plaintiff was discharged from the medical center “on or around” December 31, 2017. Plaintiff's original complaint was filed on January 18, 2019, stating claims for professional medical negligence and battery. It did not allege compliance with the Government Claims Act or provide an explanation for its filing more than a year after the in...

Excerpt: ...dant Sean Webby conspired to steal a sign possessed by Plaintiff which expressed disapproval of the campaign to recall then‐judge Aaron Persky. (Complaint, ¶ 1.) Plaintiff further alleges that Defendant suppressed his free speech rights by “sending her minions to … shout him down at public events so that it was impossible for [him] to expose [Defendant]'s lies regarding Judge Persky,” caused several of his social media accounts to be sus...