Excerpt: ...ney fees of a total of $32,726.51, which includes $27,202.50 for the initial Anti‐SLAPP motion; $1,890 to prepare the motion for attorney fees, $1,339.01 for costs, plus an additional $2,295 to oppose the motion for reconsideration. Paragon argues that the amount sought is patently unreasonable, and that the entire amount should be denied, claiming that fees may be reduced or rejected outright if the Court concludes that the request is “unrea...

Excerpt: ...at promote financial inclusion. (Second Amended Complaint (“SAC”), ¶¶1, 7, and 10.) In February 2017, soon after Finclusion's inception, defendant Merom emailed co‐founders Li and Long stating his intent to step down. (SAC, ¶12.) For a brief time thereafter, defendant Merom appeared to have recommitted to Finclusion. (SAC, ¶13.) During that time between March and May 2017, the co‐founders expressed an intent and agreement to subject t...

Excerpt: ...icensed mortgage broker, is the chief executive officer, chairman, and sole owner of First Capital Real Estate Investments, LLC (“FCREI”). (First Amended Complaint (“FAC”), ¶¶ 2 & 3.) FCREI is the majority owner and Singal is the managing partner of defendant First Capital Real Estate Advisors, LP (“FCREA”). (Id. at ¶ 4.) Additionally, FCREI has a subsidiary, FCREI Property. (Id. at ¶ 5.) Singal and his wife, Ladnier, are also tru...

Excerpt: ...¶ 7‐ 8.) In particular, the contract promised that “[GEICO] will pay damages for bodily injury to an insured, caused by accident which the insured is legally entitled to recover from the owner or operator of an uninsured motor vehicle, underinsured vehicle, or a hit‐and‐run motor vehicle arising out of the ownership, maintenance or use of that motor vehicle.” (Id. at ¶ 8.) In addition, the contract provides that if the parties “do n...

Excerpt: ...ortunately, the vehicle had multiple defects and after several attempts to repair the vehicle, Defendant was unable to repair it, and did not replace or repurchase it, prompting the instant action. On April 19, 2019, Plaintiff mail served a set of requests for production of documents (“RPDs”) on Defendant. Also that day, Plaintiff's counsel submitted a “meet and confer letter” regarding ESI. On May 1, 2019, Defendant responded to the ESI ...

Excerpt: ...ed the candidate it located. In August 2016, Quixey hired CWT's candidate as CEO. Despite this successful placement, Quixey never paid CWT. Roughly six months later, Quixey decided to cease operations and sell its assets. Its management replaced CWT's successfully‐placed CEO with defendant Michael Hogan (“Hogan”). Additionally, Quixey hired defendants Armanino, LLP and the Brenner Group, LLC to help wind up its business. Plaintiffs contacte...

Excerpt: ...any Apple policy or was at risk of being excluded from the Apple App Store. Plaintiff alleges that it invested over $150,000 developing and marketing Konverti. Plaintiff's original complaint was filed on December 28, 2018. On March 11, 2019 Plaintiff filed its First Amended Complaint (“FAC”) stating claims for (1) Negligent Misrepresentation and (2) Unfair Business Practices (UCL claim). Apple filed a demurrer to both causes of action alleged...

Excerpt: ...after. As it relates to defendant YouTube, plaintiff Popovic states her belief and assumptions that defendant YouTube was “covering” a crime and/or engaged in a “serious crime.” Plaintiff Popovic's complaint “ask[s] for compensation of $2 billion.” On August 15, 2019, defendant YouTube filed the motion now before the court, a demurrer to plaintiff Popovic's complaint. II. Defendant YouTube's demurrer to plaintiff Popovic's complaint i...

Excerpt: ...1 million. (Ibid.) He also obtained a supplemental loan of $250,000 for the project. (Id. at ¶ 7.) The supplemental loan was secured by his principal residence in Morgan Hill (“Residence”), though he thought it was secured by the Bautista Property. (Ibid.) From 2002 to 2009, Plaintiff made all payments on the Bautista Property loans, including the supplemental loan, which was included with the payment he made on the original loan. (TAC, ¶ 8...

Excerpt: ...g, concerning the superior design, engineering, and road worthiness of the Vehicle. (SAC, ¶12.) In November 2013, the Vehicle, while driven by plaintiff Miller, suddenly and without warning, switched into the neutral gear position. (SAC, ¶13.) During the course of vehicle repairs, plaintiff Miller learned that the problem he experienced was related to a defect in the Vehicle's driver controller module which caused the transfer case to switch in...

Excerpt: ...lley Transportation Authority (the “VTA”) and William Welch (“Welch”) (collectively, “Defendants”). I. Background A. Factual This is an action for wrongful death and negligence. According to the allegations of the operative complaint (“Complaint”),5 on June 20, 2015, plaintiff Garcia was a passenger in a vehicle being driven by Aldo Alvarez (the “Decedent”) southbound on Capitol Avenue in San Jose. (Complaint, ¶ 15.) While at...

Excerpt: ...ion for intentional torts stems from three underlying cases: (1) a marital dissolution case, Evgeniya Kulikova v. Sergey Firsov (Santa Clara County Superior Court, Case No. 18‐FL‐ 000341); (2) a civil harassment case, Ekaterina Berman v. Sergey Firsov (Santa Clara County Superior Court, Case No. 19‐CH‐008591); and (3) a civil harassment case, Sergey Firsov v. Evgeniy Babichev (Santa Clara County Superior Court, Case No. 19‐ CH‐ 008613...

Excerpt: ... 6.) He was subsequently hired as a regular employee. (Id. at ¶ 9.) Defendant promised to compensate Plaintiff 33 1/3 percent of the gross fees collected from projects assigned to him. (Ibid.) Plaintiff accepted the employment terms, but it immediately became clear that his position required substantial administrative work that did not directly lead to fee generation. (Id. at ¶ 11.) Consequently, Defendant modified his compensation agreement to...

Excerpt: ...the order to be recorded to allow Plaintiffs more time to file a writ, which the Court granted to July 17, 2019. It does not appear that Plaintiffs ever filed any petition for writ of mandate. On July 26, 2019, the Court issued its final order to expunge the lis pendens, and issued its order denying the motion for reconsideration. Defendant filed and served his motion for attorney fees on August 8, 2019. Plaintiff filed a request to continue a di...

Excerpt: ...) When the metering light turned green, giving her the right of way, Plaintiff proceeded onto the freeway on‐ramp. (Ibid.) In doing so, she was suddenly rear‐ended by a large commercial vehicle owned by Joel Trader (“Trader”). (Ibid.) At the time, the truck was visibly‐branded as a commercial vehicle for Trader's business, Precision Concrete Pumping. (Ibid.) The operator of the truck was Robert Vaurs (“Vaurs”) who, at the time, was ...

Excerpt: ...for hearing before the Honorable Thomas E. Kuhnle on October 4, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative consumer class action brought pursuant to the California Rosenthal Fair Debt Collection Practices Act (“RFDCPA”). Plaintiff Kerry William Scribner (“Plaintiff”) seeks statutory damages against defendants Simm Associates, Inc., Jeffrey S. Simendinger, an...

Excerpt: ...cted him about a long‐ term assignment as a Vulnerability Mitigation Risk Manager position. (Id. at ¶ 16.) Ali was also approached by Cuong Nguyen (“Nguyen”), a Security Manager/Director from defendant Synaptics, Inc. (“Synaptics”), who was looking to find a Cybersecurity Compliance Expert. (Id. at ¶ 17.) During an interview, Nguyen assured Ali the position was full‐time for a long term project. (Id. at ¶¶ 26, 35, 36, 41, 48, 51.)...

Excerpt: ...17.1 (Second Amended Complaint (“SAC”), ¶¶ FR‐2, FR‐5, IT‐1, & GN‐1.) Plaintiffs allege that they did not consent to the procedures, they were misled as to who would conduct the procedures, and the doctors failed to adequately treat and obtain care for Lawrence. (Id. at ¶¶ FR‐2, FR‐3, FR‐4, IT‐1, & GN‐1.) As a result, Plaintiffs suffered injuries. (Id. at ¶¶ 11, FR‐6, IT‐1, & GN‐1.) Plaintiffs further allege that...

Excerpt: ...training program and obtained a phlebotomist state license, the prerequisite for admission to the Medical Laboratory Technician (“MLT”) program. (See Third Amended Complaint [“TAC”] at ¶ 20.) Plaintiff thereafter enrolled in the MLT program at De Anza College. (Ibid.) After Plaintiff started the program, defendant Patricia Buchner (“Buchner”) notified him that he needed to complete an “externship” at a clinical agency in order to...

Excerpt: ...an Jose, California (“Property”). (FAC, ¶¶ 3, 8, 19‐21, & 26.) Plaintiffs obtained a mortgage loan secured by a deed of trust (“DOT”) on the Property. (Id. at ¶¶ 1, 8, 11, & 19‐22.) The DOT was eventually assigned to JP Morgan Chase Bank, which has a lien on the Property. (Id. at ¶¶ 8, 19, & 21.) SPS, the loan servicer, allegedly recorded a lien on the Property even though Plaintiffs do not owe it money and it does not have a be...

Excerpt: ... to pickup payoff check on agreed date ‘08/07/2018' and location ‘2197 Wynfair Ridge Way, San Jose, CA' pursuant to the terms and conditions of a Credit Agreement Security #00001673.” (Complaint, ¶BC‐2 and Exh. B.) On or about August 8, 2018, defendant “trespass upon Credit Agreement Payoff Security Instrument NOTE and Release of Lien Security Contract Property with the intentions of fraud in the factum by intentionally avoiding the TE...

Excerpt: ...ing remarks to plaintiff Lobo regarding his age and subjected plaintiff Lobo to hostility due to his ancestry/national origin. (FAC, ¶¶18 – 19.) Plaintiff Lobo was denied opportunities and benefits of employment that were essential to his continued success at defendant Intel. (FAC, ¶20.) Plaintiff Lobo made several workplace complaints to defendants regarding Perumandala's actions. (FAC, ¶21.) Defendants retaliated against plaintiff Lobo's ...

Excerpt: ...is an action for breach of fiduciary duty and legal malpractice arising out of a property dispute. According to the allegations of the operative complaint (“Complaint”), Plaintiffs own a residential property located at 2276 Bentley Ridge Drive in San Jose (the “Property”). (Complaint, ¶ 1.) Pursuant to a written agreement (the “Contract”), Plaintiffs hired defendant Coldwell and Concepcion to list and sell the Property, which was to ...

Excerpt: ...dant Milpitas Care Center (“MCC”) from April 2016 to July 2016 and came under the care or custody of defendants Vohra Wound Care Physicians of California, PC (“Vohra”) and Hongdu K. Ly, D.O. (“Dr. Ly”). (FAC, ¶¶2 – 5.) During their care and/or custody of Decedent, defendants Vohra and Dr. Ly failed to develop and implement adequate skin integrity and infection control/ monitoring measures, which resulted in Decedent sustaining inj...

Excerpt: ...vide further responses to the SI, and for an award of monetary sanctions; (3) the motion to compel Canton to provide further responses to requests for production of documents, set one (“RPD”), and for an award of monetary sanctions; and (4) the motion to compel Yifu to provide further responses to the RPD, and for an award of monetary sanctions.4 Factual and Procedural Background This is an action for retaliation. In April 2015, complainant X...