Excerpt: ...ng Plaintiff because of her gender and sexual orientation. (Id. at ¶ 6.) For example, he said he would not drive a district vehicle with a “gay” logo, but told Plaintiff it was okay for her to do so because she is a “lesbo.” (Ibid.) He subsequently questioned why she “always wear jeans and a tee shirt” and then added, “You have boobs, you should wear girl clothes.” (Ibid.) On one occasion, Plaintiff was walking towards her car wh...

Excerpt: ...personally, and/or others on his behalf or at his direction, channeled millions of dollars in BitClave's funds to Astra Inc. Plaintiff and cross defendant made the following objection: BitClave incorporates by reference its General Objections. BitClave objects to the Requests to the extent that they seek proprietary and highly confidential information, trade secret information, and/or information that may implicate third‐party rights. BitClave ...

Excerpt: ...njuries. (Third Amended Complaint [“TAC”] at ¶GN‐1; see also TAC at ¶IT‐1.) Defendant Target's personnel intentionally profiled and confronted Plaintiff because of her race and gender. (Id. at ¶IT‐1.) Defendant Target thereafter kicked Plaintiff out of the store and banned her from returning to shop at the store. (Ibid.) In addition, defendant Target improperly trained store security and store management as a means to deny Plaintiff ...

Excerpt: ...t St. Mary's Medical Center Hospital in Palm Beach, Florida. Dr. Black's defamation action against CNN is currently pending in a Florida trial court. In defending against Dr. Black's claim of reputational harm, CNN seeks to disprove his allegation that he was “‘one of North America's preeminent pediatric cardiothoracic surgeons….'” (Mem. of Pts. & Auth. at p. 2:21–22, quoting Black's Compl., ¶¶ 20, 199.) And so, CNN sought records fro...

Excerpt: ...omplaint for Violation of Statutory Obligations, ¶ 8 (“Complaint”)). Plaintiff sued AutoNation and Ford Motor Company (“Ford”) alleging breach of warranty and other claims concerning the purchase and condition of the vehicle. The RISC contains an explicit arbitration provision. Plaintiffs acknowledged that she read the contract, including the arbitration provision. The scope of the arbitrated disputes includes those relating to the “pu...

Excerpt: ... physician. (Compliant, p. 2:3‐5 & ¶ 1.) Plaintiff was recruited by Defendant to become the medical director of the pediatric rehabilitation program at Santa Clara Valley Medical Center (“SCVMC”). (Id. at p. 2:3‐5 & ¶¶ 1‐2.) Plaintiff began her employment with Defendant on January 5, 2015, as a staff physician and the medical director of the pediatric rehabilitation program at SCVMC. (Id. at ¶ 6.) As medical director, Plaintiff was ...

Excerpt: ...Doe 2), and GCA Services Group, Inc. (formerly Doe 3). Plaintiff asserts a single cause of action against the City and the contractors for negligence.1 The City filed a cross‐complaint against the janitorial service it contracted with to maintain the airport, namely GCA Services Group, Inc. (“GCA”). It asserts causes of action against GCA for: (1) “equitable/total/partial indemnification”; (2) express indemnity; (3) breach of contract; ...

Excerpt: ...ne Doe 1 and Jane Doe 2 were students. (Complaint, ¶ 1.) In 2010, Teacher called Jane Doe 1 into his office and made her hug him, and at one point he asked for her cell phone number. (Id. at ¶ 9.) During the subsequent summer, he sent her a number of inappropriate text messages, often at night. (Ibid.) Jane Doe 1 told her mother who reported Teacher to Employee Mary Berkey, District's assistant superintendent. (Ibid.) No report was made to auth...

Excerpt: ...Spine and Neurosurgery Institute (“Plaintiff”) in order to alleviate pain caused by a herniated lumbar disc of the spine. (See FAC, ¶ 14.) On June 22, 2018, Plaintiff contacted Blue Cross to verify Patient's eligibility for benefits, and the Blue Cross agent expressly or impliedly assured Plaintiff that Defendants carried the financial responsibility to pay for Patient's anticipated medical care at the reasonable and customary value for such...

Excerpt: .... 3, ¶1.) On June 25, 2004, the court entered a judgment of dissolution as to Olivia and An but reserved jurisdiction on the issue of division of assets and liabilities. (Id.) On July 18, 2007, pursuant to a judgment of dissolution for division of assets and liabilities, Olivia and An agreed to sell a jointly‐owned vacation home located at 39045 N. Shore Drive in Fawnskin, CA (“Fawnskin Home”) and divide the proceeds after sale. (Id.) Howe...

Excerpt: ...or Dismissal.” Pursuant to that order, in exchange for NY Life depositing the full policy amount with the Court, NY Life “is discharged of all liability in connection with the Death Benefit and the Policy and all claims against NYLIC that could be asserted herein and/or in relation to the Death Benefit and/or the Policy shall be and hereby are dismissed with prejudice.” Plaintiffs' original and still operative Complaint was filed Nov. 5, 20...

Excerpt: ... and cash advances. (Complaint at p. 1, CC‐1.) Plaintiff periodically billed Kubo throughout the credit relationship. (Ibid.) The Complaint alleges defendant Kubo is indebted to Plaintiff in the sum of $6,067.77 as she defaulted on the credit account. (Ibid.) On September 12, 2018, Plaintiff filed a Judicial Council Form Complaint against defendant Kubo alleging causes of action for open book account and account stated. On November 21, 2018, de...

Excerpt: ... maintain the Vehicle's utility or performance, or provide compensation in the event either failed during the specified period. (Ibid.) During the warranty period, the Vehicle contained or developed numerous defects. (Complaint, ¶ 6.) Plaintiff delivered the Vehicle to FCA and its representatives for repairs on several occasions, but they were unable to service or repair the Vehicle to conform to the applicable express warranty. (Id. at ¶ 7.) F...

Excerpt: ...ersonal property owned by Plaintiffs. (Ibid.) Plaintiffs allege that this Policy was in full force and effect when Plaintiffs' residence and personal property were damaged or destroyed by two separate water losses. (Id. at ¶ 2.) The first loss occurred on September 11, 2010 and the other loss occurred on September 18, 2011. (Ibid.) Plaintiffs allege that the damage caused by the two water losses giving rise to Plaintiffs' claims is covered under...

Excerpt: ...began verbally assaulting Plaintiff because of her gender and sexual orientation. (Ibid.) For example, he said he would not drive a district vehicle with a “gay” logo, but told Plaintiff it was okay for her to do so because she is a “lesbo.” (Ibid.) He subsequently asked her about whether she ever went to a sex shop to buy a dildo, and stated she should “try the real thing.” (Ibid.) Furthermore, following a mass shooting in Orlando, F...

Excerpt: ...as, Lusita Garcia and Mario Lagman entered into a written general partnership agreement (the “Agreement”) dated January 15, 1985, the purpose of which was “to engage for profit in the business of bakery and restaurant.” (FAC, ¶ 7.) Among other things, the Agreement provided that partners who devoted less than 20 hours per week to the business were not to receive any salary or compensation “until determined by the unanimous written agre...

Excerpt: ...dered by the Court where other court orders have not been followed, it is not proper to dismiss or impose a default sanction because the party has not paid sanctions previously ordered. (Newland v. Sup.Ct. (Sugasawara) (1995) 40 Cal.App.4th 608, 615—“a terminating sanction issued solely because of a failure to pay a monetary discovery sanction is never justified”.) Monetary sanctions ordered during discovery is enforceable through execution...

Excerpt: ...e compensation in the event either failed during the specified period. During the warranty period, the Vehicle contained or developed numerous defects. Because of these issues, Plaintiff delivered the Vehicle to Defendant and its representatives for repairs but they were unable to service or repair the Vehicle to conform to the applicable express warranty, even after a reasonable number of opportunities. Because of these failures, Plaintiff was e...

Excerpt: ...nse to request for production, set one, production of documents, and for sanctions is DENIED. A. Discovery dispute. On March 2, 2018, defendants eWiz Express Corporation (“eWiz”) and Christine Rao (“Rao”) served plaintiff Ma Laboratories, Inc. (“Ma Labs”) with a request for production of documents (“RPD”), set one, numbers 1 – 92.8 Simultaneously, all defendants served plaintiff Abraham C. Ma (“Ma”) with a RPD, set one, numb...

Excerpt: ... 2015 Toyota Sienna. (First Amended Complaint (“FAC”), ¶5.) While at defendant Bolea, plaintiff Travasso discovered and disputed issues regarding obligations stated within an August 25, 2012 purchase contract administered by Bolea. (FAC, ¶6.) Defendant Bolea orally represented a purchase contract would be administered but instead sold plaintiff Travasso a vehicle lease. (FAC, ¶¶7 – 8.) After taking possession of the vehicle, plaintiff T...

Excerpt: ...n. For example, during a group meeting Defendant made “homophobic comments and stated he would not drive a district vehicle with a gay logo,” but Plaintiff could drive it because she was a “ ‘lesbo.' ” (Compl., ¶ 6.) On or about January 26, 2016, Defendant asked Plaintiff why she always wore jeans and a t‐shirt. He then stated, “ ‘you have boobs you should wear girl clothes.' ” (Ibid.) Further, on or about March 10, 2016, Defen...

Excerpt: ...e Complaint, Plaintiff is a medical services provider. When required, Plaintiff obtains approval from a patient's managed health care plan to perform medical services. Plaintiff provided a consultation to J.D., a patient insured under the defendants' health plan. On or about May 16, 2018, Plaintiff spoke with Anthem Blue Cross's client services representative named “Charlie M.,” to verify J.D.'s healthcare coverage. Plaintiff also spoke to �...

Excerpt: ...phy. (See FAC, ¶ 14.) Cohen represented that the oral delivery of a small molecule, “NU 106” or “HD 106”, coupled with a non‐ invasive cell‐based biomarker PBMC assay that could demonstrate the efficacy of the treatment would expedite FDA approval for the treatment. (See FAC, ¶ 14.) Cohen represented that, based on past progress, the FDA would approve the treatment for clinical trials by Q2 2016. (See FAC, ¶ 15.) Cohen stated that ...

Excerpt: ...� 1.) Defendants Diana A. Southern and Richard Southern, individually and as trustees of the Southern Family Revocable Trust dated 4‐15‐2003 (collectively, “Defendants”), are owners of real property located at 21283 Cinnabar Hills Road in San Jose, California. (Id. at ¶ 2.) Cinnabar Hills Road is a roadway parcel (the “Roadway Parcel”) extending from the base of Bertram Road, in Santa Clara, California. (FAC at ¶ 5.) The Santa Clara...

Excerpt: ..., ¶ 3.) Ladden purportedly served Seitzinger with summons and complaint in the Underlying Action on April 23, 2014 by substitute service on an individual named Dan Martin, 55 years old with gray hair, 5'8” and 170 pounds, the occupant at 7392 Crews Road in Gilroy. (Complaint, ¶ 4.) However, service of process did not occur as described. (Id. at ¶ 5.) The address above is the home of Seitzinger's son, Daniel Seitzinger, but he was not at home...