Excerpt: ... Drive in San Jose (“Subject Property”), taking title as joint tenants. (First Amended Complaint (“FAC”), ¶¶9 – 10.) At the time of purchase, Plaintiff and her husband obtained mortgage financing through Fieldstone Mortgage Company, secured by the Subject Property. (FAC, ¶10.) In or around July 2005, Plaintiff and her husband decided to refinance their first lien mortgage. (FAC, ¶11.) Though Plaintiff and her husband held title to t...

Excerpt: ...ury action arising out of an incident at the Cole Haan store at the Great Mall in Milpitas. According to the allegations of the complaint, Plaintiff was squatting and trying on shoes when an unsecured shoe box dislodged by another customer fell from the top of a high shelf and struck her in the head and lower back, injuring her. Plaintiff filed the complaint on May 29, 2018, asserting claims for premises liability and general negligence against C...

Excerpt: ...negotiations to purchase real property owned by Phan and Vu (collectively, “Sellers”). (First Amended Complaint (“FAC”), ¶¶ 1, 2, & 9.) Defendant Hoa Truc Bui (“Bui”), a licensed real estate agent, and CR Realty & Mortgage Corporation (“CR”), a licensed real estate company, represented Nguyen. (Id. at ¶¶ 5, 6, & 11.) Huynh, a licensed real estate agent, and KW, a licensed real estate company, represented Sellers. (Id. at ¶¶ ...

Excerpt: ...tract 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 not agree that [the insured] is leg...

Excerpt: ...here Ebadat is employed as a nurse practitioner. (FAC, ¶ ¶ 3, 4.) During the appointment, Plaintiff's son John Doe “performed an act” on his sister that led Ebadat to call Child Protective Services (“CPS”) to report John Doe for abuse and Plaintiff for neglect. (Id. at ¶ 4.) She also documented the encounter in Jane Doe's medical chart. (Ibid.) Furthermore, Ebadat did not document Plaintiff's concerns regarding the children's father wh...

Excerpt: ...carelessly, negligently, recklessly, intentionally, and willfully fired a gun at his son, who was crouching in the hallway of the family home. (Ibid.) “Plaintiff ran to help her son” and Defendant “discharged the firearm … next to her ear,” which caused Plaintiff significant hearing loss. (Ibid.) “He then continued to attempt to get a clear shot at his son while Plaintiff was attempting to keep him from shooting their son.” (Ibid.) ...

Excerpt: ...homas E. Kuhnle on October 11, 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 Labor Code violations. The First Amended Complaint (“FAC”), filed on September 20, 2019, sets forth the following causes of action: (1) Failure to Pay Overtime Wages; (2) Failure to Pay Minimum Wage; (3) Failure to Provide Meal Breaks; (4) Failur...

Excerpt: ...ed action comes on for hearing before the Honorable Thomas E. Kuhnle on October 11, 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 Labor Code violations. The First Amended Complaint (“FAC”), filed on March 29, 2018, sets forth the following causes of action: (1) Failure to Provide Required Meal Periods; (2) Failure to Prov...

Excerpt: ...UCTION According to the allegations of the Complaint, filed on March 21, 2019, plaintiff Alorica, Inc. and defendant Fortinet, Inc. are both Delaware corporations. (Complaint, ¶¶ 1‐2.) Alorica is one of the leading providers of outsourced communication solutions, averaging over 600 million customer interactions per year. (Id. at ¶ 4.) Fortinet is a multinational corporation that develops and markets hardware, software, and services for secur...

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