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: ...er‐to‐bumper warranty and a five‐year/100,000‐mile powertrain warranty. The warranties stated Defendant was to preserve or maintain the Vehicle's utility or performance, or provide compensation in the event either failed during the specified periods. During the warranty period, the Vehicle contained or developed numerous defects, including but not limited to: leaking water pump; rupture and leakage of right front axle seal; and knocking n...

Excerpt: ...lleging causes of action for breach of contract, common counts, and account stated. Cerda filed a cross‐complaint against the Law Office, pleading claims for: (1) professional negligence, (2) breach of fiduciary duties, and (3) breach of contract1 . As alleged in the cross‐complaint, Cerda retained the Law Office to represent him in a contentious divorce involving many issues over the division of property. (Cross‐Comp., ¶ 12.) In particula...

Excerpt: ... up by defendant Pelio & Associates, Inc. (“Pelio”), for the express purpose of owning the complex, including the subject property. (See FAC, ¶¶ 20‐23.) LDJ and Pelio, of which defendant Jon Shank (“Shank”) (collectively, with LDJ and Pelio, “Defendants”) is each the owner, fail to abide by corporate formalities, and share the assets of each other such that they and Shank are the alter egos of each other. (See FAC, ¶¶ 23‐27.) ...

Excerpt: ...May 2006, Plaintiffs obtained $612,500 in financing secured by the Property, executing a Promissory Note and Deed of Trust in favor of World Savings Bank, F.S.B. (Id. at ¶ 8.) The loan payment included an escrow payment designed to pay taxes and insurance on the Property. (Ibid.) Defendant Wells Fargo Bank, N.A. (“Wells Fargo”) is the current owner of Plaintiffs' loan and beneficiary of the Deed of Trust securing the mortgage loan. (Id. at �...

Excerpt: ...CV‐222582 (“Shadafni Action”). (Complaint, ¶¶6 – 8.) In a matter related to the Shadafni Action, defendants Sharon Ajlouni and Karen Ajlouni (collectively, “Ajlounis”) filed a lawsuit against Hawari, Searles and SCI in Santa Clara County Superior Court, case number 1‐13‐CV‐242018 (“Ajlouni Action”). (Complaint, ¶¶6 – 8.) Defendant Michael Prozan (“Prozan”), a California licensed attorney, represented Shadafni and t...

Excerpt: ...ctors. (Complaint, ¶ 1.) HFC was founded by Plaintiff and her husband, S. Leonard Kirchick (“SLK”). (Id. at ¶ 7.) Defendant Alan Kirchick (“Alan”5 ) is also a 50% shareholder of record for HFC and one of two directors for the Company. (Id. at ¶ 2.) Defendant AMK Insurance Agency (“AMK”), owned by defendant Alan, is a California Corporation with its principal place of business in San Jose, California. (Id. at ¶¶ 3, 8.) SLK also wo...

Excerpt: ...tion against Defendants in November 2013, by filing a complaint for breach of contract, negligence, fraud, and violations of Business and Professions Code sections 9884.8 and 9884.9 (governing invoices and written estimates, respectively, by auto repair dealers). Plaintiff alleged that Defendants breached a contract to repair and restore his 1959 Austin Healey vehicle. Specifically, Defendants allegedly began work before issuing an estimate, perf...

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: ...as paid on an hourly basis as a non‐exempt employee. (Ibid.) Plaintiff alleges that Inter‐Con failed to pay security guards/officers on a weekly basis as required of “temporary services employers” by Labor Code section 201.3. (Id. at ¶ 16.) Based on these allegations, he asserts a single cause of action under PAGA. II. Requests for Judicial Notice Defendant's request for judicial notice of legislative history materials related to section...

Excerpt: ...endants have not joined their motion and indicate that they will oppose plaintiffs' attorney fee request at the appropriate time. I. Factual and Procedural Background Headquartered in Sunnyvale, California, AFOP was a Delaware corporation that produced fiber optic components and integrated modules for communications equipment. (First Amended Complaint in Bushansky, Case No. 16‐CV‐294245 (“FAC”), ¶¶ 2, 11.) On April 7, 2016, the company ...

Excerpt: ...rtment 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 Class Action Complaint, filed on May 11, 2018, sets forth the following causes of action: (1) Failure to Pay Overtime Wages; (2) Failure to Pay Minimum Wage; (3) Failure to Provide Mandated Meal Periods; (4) Failure to Provide Mandated Rest Periods; (5) Failure to P...

Excerpt: ...AND COSTS AND APPROVAL OF SERVICE AWARD The above‐entitled action comes on for hearing before the Honorable Thomas E. Kuhnle on January 25, 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. (Complaint, ¶ 1.) Plaintiff Judis Corso (“Plaintiff”) alleges defendants ha...

Excerpt: ...urt now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action arising out of various alleged Labor Code violations. According to the allegations of the Third Amended Complaint (“TAC”), filed on March 23, 2017, plaintiff Valerie Cook (“Plaintiff”) and the putative class members were employed by defendant A is for Apple (“Defendant”) as non‐exempt paraprofessional therapists. (TAC, ¶ 7.) During the c...

Excerpt: ...ransfers over a 17 day period totaling $46,683,232. Chakravarthy departed Ubiquiti soon after the loss, and Ubiquiti sought coverage for the alleged loss, pursuant to the Computer Fraud and Funds Transfer Fraud coverages of the Commercial Crime Policy issued by defendant National Union Fire Insurance Company of Pittsburgh, PA (“NUF” or “Defendant”). NUF denied coverage purportedly because the alleged loss did not fall within either insuri...

Excerpt: ...ew York and an industry leader sought after by various technology companies for senior executive roles. (FAC, ¶ 21.) In early 2018, Mishra, a board member of the Company, arranged a meeting between Plaintiff and Malavalli, whom he described to Plaintiff as a Silicon Valley legend and representative of the Company. (Id. at ¶ 22.) During this meeting, Malavalli sought to bring Plaintiff on as CEO of the Company, orally representing the Company ha...

Excerpt: ...r the surgery, plaintiff Billy Usher repeatedly told defendant Dr. Yeh that the hand was worse and that it now had more pain and electrical sensations. (Id.) Defendant Dr. Yeh negligently failed to perform any diagnostic tests that would have revealed the nerve was severed. (Id.) As a result of defendant Dr. Yeh's negligence, plaintiff Billy Usher suffered severe and permanent injuries. (Id.) Plaintiff Billy Usher underwent additional surgery wit...

Excerpt: ...n Rafael (“Property”). (Complaint, ¶7.) The loan was secured by a second deed of trust on the Property and also secured with a second deed of trust on Plaintiffs' primary residence at 15 Peacock Circle in American Canyon. (Complaint, ¶7.) In or about August 2007, defendant Capital appointed Gateway Bank FSB (“Gateway”) to service the loan and be responsible for collecting mortgage payments and year‐end statements. (Complaint, ¶8.) In...

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...