Excerpt: ... of City's municipal codes. (Complaint, ¶ 5.) An administrative hearing was held before City's Appeals Hearing Board (“Board”) and the Falcocchias were ordered to obtain City approval, including permits and inspections, for work done on their property. (Ibid.) The Board also assessed administrative costs and penalties including $750 per day until the date of compliance, up to a maximum of $100,000. (Ibid.) The Falcocchias failed to comply wi...

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: ...) 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: ...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: ... 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: ...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: ...C”), ¶¶2 and 9.) In the course of a massage by defendant Robert Hernandez (“Hernandez”), a masseuse employed by defendant BWI, plaintiff Jackson was subject to harmful or offensive contact by defendant Hernandez with intimate parts of her body and other acts offensive to her personal dignity. (FAC, ¶¶7 and 12 1 .) Between 2012 and March 4, 2017, there were no less than ten and possibly more than twenty complaints, reports, and/or charge...

Excerpt: ...s is a class action for recovery of penalties under the California Labor Code Private Attorneys General Act of 2004 (“PAGA”). Plaintiff Eva Sharp (“Plaintiff”) worked as a cashier for defendant Safeway, Inc. (“Defendant”) in California. (Complaint, ¶¶ 3‐4.) Plaintiff alleges Defendant failed to provide Plaintiff and the other putative class members with seats. (Complaint, ¶ 17.) The Complaint, filed on June 13, 2011, sets forth a...

Excerpt: ... Background As alleged in the FAC, Prager is a non‐profit, 501(c)(3) tax exempt, educational organization that promotes discussion on historical, religious, and current events by disseminating educational videos intended for younger, student‐based audiences between the ages of 13 and 35. (FAC, ¶ 10.) The videos depict scholars, sources, and other prominent speakers who often espouse viewpoints in the mainstream of conservative thought. (Ibid...

Excerpt: ... in August 2015. (SAC, ¶ 7.) He was employed by defendants until August 2017. (Ibid.) Plaintiff alleges that he and other employees received wage statements that failed “to identify the correct rates of pay and number of hours worked for incentive overtime wages, … including but not limited to Reg Comm OT and Spiffs OT wage payments.” (Id. at ¶ 16.) Based on these allegations, plaintiff asserts a single claim under PAGA. He dismissed the ...

Excerpt: ... I. INTRODUCTION This is a case for recovery of penalties under the California Labor Code Private Attorneys General Act of 2004 (“PAGA”). The Complaint, filed on February 7, 2018, sets forth the following causes of action: (1) PAGA Penalties for Failure to Pay Wages Owed; (2) PAGA Penalties for Failure to Provide Meal Periods; (3) PAGA Penalties for Waiting Time Penalties; and (4) PAGA Penalties for Itemized Wage Statement and Recordkeeping V...

Excerpt: ...emary Schooler, Steve J. Sordello, Michael A. Stankey, Robert Bearden, Paul Cormier, Peter Fenton, and Kevin Klausmeyer (collectively, the “Cloudera Defendants”) to stay all proceedings in this action pending the resolution of the pleadings in a related federal action. Alternatively, the Cloudera Defendants move to stay discovery until the pleadings are resolved in both this case and the federal action. Plaintiffs oppose the entry of a stay. ...

Excerpt: ...Perez [collectively, “Defendants”] at No. 1.) Plaintiff Melody brought a claim against Defendants with the company that insured the vehicle driven by defendant Alex, Progressive Casualty Insurance Company (“Progressive”). (See Defendants' Sep. Stmt. at No. 2.) The case settled for $15,000 which constitutes the limits of the Progressive insurance policy. (Id. at No. 5.) Plaintiffs Melody and her husband, Dennis Borch‐Jensen (“Dennis”...

Excerpt: ...l Background Plaintiff Mike Payne & Associates, Inc. (“MPA”) specializes in terrazzo and stone installation, and is an industry leader in ceramic and mosaic tile related work and materials, including polished concrete floors, cementitious overlays, corrective grinding and epoxy flooring for commercial, retail, governmental, and residential facilities. (First Amended Complaint (“FAC”), ¶1.) In connection with the construction of defendant...

Excerpt: ...t”), three of its administrative staff members (“Employees”), and a former teacher (“Teacher”) for damages arising from Teacher's sexual abuse of Jane Doe at one of District's schools. According to the operative first amended complaint (“FAC”), Teacher repeatedly sexually abused Plaintiff over a three year period at her middle school. (FAC, ¶ 1.) Prior to this abuse, District and Employees ignored red flags regarding Teacher's beha...

Excerpt: ...ll as the seventh causes of action in Plaintiff's complaint, giving Plaintiff 20 days to file an amended pleading. The parties now dispute the sufficiency of Plaintiff's first amended complaint (“FAC”). According to the allegations in the FAC, in January 2018, Plaintiff called Defendant to verify the patient's health benefits, including the rate of reimbursement for medical services provided by an out‐of‐network provider. (FAC, ¶¶ 25–...

Excerpt: ...vid Orozco (“Estate”), Matilde Orozco (“Matilde”), Natalie Orozco (“Natalie”), Andrew Orozco (“Andrew”), and Thomas Maduena (“Maduena”) (collectively, “Plaintiffs”) filed a complaint against defendants Sunbelt and Avina (collectively, “Defendants”) asserting causes of action for negligence and survival action— wrongful death. On May 31, 2019, Estate, Matilde and Maduena served subpoenas on Verizon and AT&T, Sunbelt's...

Excerpt: ...ting allegations of abuse and knowingly presented false reports of abuse to local and state authorities. Kamarei claims Bijan acted out of anger and jealousy because he was dating Bijan's ex‐wife, Tannaz Dastmalchi (“Tannaz”). In the cross‐complaint, Kamarei asserts causes of action against Bijan for: (1) falsely reporting child abuse; (2) abuse of process; (3) intentional infliction of emotional distress; (4) negligent infliction of emot...

Excerpt: ...�PRI”) in May 2015. (FAC, ¶ 1.) PRI was a holding company formed for the sole purpose of acquiring Platinum. (Id. at ¶ 6.) Following the purchase, PRI merged into Platinum with each share converted accordingly. (Ibid.) As such, Plaintiff/Cross‐Defendant is PRI's successor in interest. (Ibid.) Despite the requirement to disclose material information including Platinum's liabilities during the sale process, Stephenson failed to disclose that ...

Excerpt: ...ed an express warranty which covers the engine and transmission. (Id. at ¶ 2.) During the warranty period, the Subject Vehicle contained or developed defects which substantially impair the use, value, or safety of the Subject Vehicle. (Id. at ¶ 3.) Defendant Kia knew since 2009, if not earlier, that the 2011‐2019 Kia Optima, 2011‐ 2019 Kia Sportage, 2012‐2019 Kia Sorento, and other vehicles equipped with a 2.0 or 2.4L engine contained one...

Excerpt: ...rking for HTI as Chief Financial Officer and Secretary and served on HTI's board of directors. (Complaint, ¶13.) Plaintiff Li owns 22,000 shares of defendant HTI. (Complaint, ¶14.) From 2000 to 2018, plaintiff Li worked for defendant HTI and frequently traveled to China on behalf of defendant HTI. (Complaint, ¶15.) Other than the first two years, plaintiff Li was never paid a salary for his work for defendant HTI. (Id.) During the time plainti...

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: ... 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: ...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: ...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...