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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...¶ 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: ...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: ...ces (“Plaintiff”). (Pl. Dec., ¶ ¶ 5, 7.) Defendants used the card for the purchase of goods and services, which, according to the cardmember agreement, constitutes acceptance of its terms. (Id. at ¶ 7, Exhibit A.) Accordingly, they agreed to pay Plaintiff for all charges made on the account plus applicable interest either in total, or to at least make a monthly minimum payment calculated according to the terms. (Id. at Exhibit A.) Plaintif...

Excerpt: ...�). I. Background A. Factual This action arises out of Plaintiffs' purchase of PC Recycle from Saifyan. On May 19, 2017, Connor and Fagundo made an offer to Saifyan to purchase the assets of PC Recycle for $1,539,718, which Saifyan accepted in writing on May 22, 2017 (the “Sales Agreement”). (Complaint, ¶¶ 11‐13, Exhibt A.) Connor and Fagundo formed FC to operate the business, which they have continued to operate under the fictitious name...

Excerpt: ...�), Plaintiffs make and sell bedwetting alarms. Their competitors, nonparties Malem Medical, Ltd. and Enuresis Associates, LLC, sued Plaintiffs in federal court, alleging Plaintiffs used deceptive marketing practices and misused intellectual property. Plaintiffs' insurer hired Defendants to represent them in the federal action. Among other issues2 , Plaintiffs disagreed with Defendants' legal strategy. In particular, Plaintiffs disagreed with Def...

Excerpt: ...was filed on March 19, 2019 and states 15 causes of action (numbered 1 through 16, with the non‐existent 14th labeled as “reserved”), some of which are subdivided into purported “counts” as follows: 1) “Wrongful Use of Proceedings/Abuse of Process” (based on probate petitions filed in 2011, 2012 & 2016); 2) “Waste”; 3) Conversion; 4) Constructive Trust; 5) “Embezzlement/Unjust Enrichment Penal Code 487 & 490”; 6) “Grand Th...

Excerpt: ...s supervisor is defendant Santa Clara Unified School District (“SCUSD”). (Complaint, ¶12.) For each teacher, SCUSD maintains a confidential employee file to document, among other things, any disciplinary action. (Id.) When complaints are filed against teachers, SCUSD thoroughly investigates those allegations and maintains records of those investigations in the teacher's file. (Complaint, ¶13.) From the time plaintiff Caserta began working a...

Excerpt: ...ect for 8 months. (See 4AC, ¶ 11.) On December 6, 2006, the builder notified Deer Crest regarding the price increase to complete the project, but Deer Crest denied the price increase request and terminated the builder, hiring a different contractor. (Id.) On February 2, 2011, Deer Crest sued GP for breach of the written guaranty. (See 4AC, ¶ 12.) GP moved for summary judgment on the ground that the action was barred by the statute of limitation...

Excerpt: ...) is the owner of real property located at 5320 Felter Road in San Jose (“Hazari Parcel”). (Complaint, ¶1.) Defendant Mandy J. Brady (“Brady”) is the owner of real property located at 5350 Felter Road in San Jose (“Brady Parcel”). (Complaint, ¶2.) The Brady Parcel is immediately adjacent to and shares a common boundary with the Hazari Parcel. (Id.) Defendant Brady disputes and denies the true and correct boundary line between the Br...

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: ...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: ...V‐ 180413 TENTATIVE RULING RE: MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT This Document Relates To: ALL ACTIONS. The above‐entitled action comes on 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 certified class action arising out of a merger between McAfee, Inc. and Intel Corporation. The parties have ...

Excerpt: ...ore 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 class action arising out of various alleged wage and hour violations. The Complaint, filed on November 13, 2018, sets forth the following causes of action: (1) Violation of Labor Code section 510; (2) Violation of Labor Code sections 226.7(b) and 512(a) and the Applicable Wag...

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...

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: ...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: ...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 ...