Excerpt: ...ain property. (Declaration of William Stuart ("Stuart Decl."), Ex. 1.) The Note contains the following provisions relevant to this motion to compel arbitration. 10. Amendment. This Note may be amended or modified only by an instrument in writing which by its express terms refers to this Note and which is duly executed by the party sought to be bound thereby. 12. Governing Law/venue. This Note shall be governed by and construed in accordance with ...

Excerpt: ...s ("786") and Irfan Pathan ("Pathan") (collectively, "cross-defendants") on December 22, 2022. In their cross- complaint, Mahameed and Omari allege ownership of the property at 2110 Maykirk Rd., San Jose, CA (the "Subject Property"). (Cross-Compl., 12.) In January 2022, they hired Pathan and 786 Construction Consulting Services to work on the kitchen and bathroom remodel with "a total price of $271,723.00." (ld. at '1 15.) Mahameed and Omari did ...

Excerpt: ...tress, the entirety of Plaintiff's Third Cause of Action for Abuse of Process, and the entirety of Plaintiff's Fourth Cause of Acton for Malicious Prosecution under CCP 425.16. Defendants separately move to strike all but paragraphs 97-103 of the complaint under CCP S 435 and 436, subd. (a) as irrelevant and improper. Plaintiff's Motion to Continue The Court acknowledges that on June 30, 2023, Plaintiff filed a Motion to Continue the July 11, 202...

Excerpt: ...rs, LLC ("SJHD") opposes, arguing that Butler does not have a substantial interest in the case because she is merely the successor in interest of the decedent, Hanan Butler (her son). SJHD also points out that Butler does not have any personal knowledge of the motorcycle incident that is the focus of this lawsuit. Finally, SJHD contends that Butler's motion lacks a sufficient evidentiary foundation to establish her age and her health condition, a...

Excerpt: ...posing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 26 June May 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Motion for Summary Judgment and Summary Adjudication by Plaintiff Aaron Klein. l. Statement of Facts. This is a partition action. According to the complaint, the subject of this action concerns real property located at...

Excerpt: ...duciary duty, and (5) violation of business and professions code section 17200 et. seq. Defendants answered the complaint on December 19, 2019. According to the Complaint, Mr. Bettelheim owns a condominium unit in the Pigeon Loft Condominium Project ("Property"). (Complaint, 93.) Defendant Lorenzo Rios was acting as the director on the board of the Pigeon ü)ft Condominium Association ("HOA") despite not being elected to that position. (Complaint...

Excerpt: ... 18T contends that a dispute has arisen between it and the successor landlord defendants over the interpretation of several portions of the lease relating to expenses and maintenance of the premises ("Lease"). 18T filed the original complaint on September 22, 2020, stating claims against Fortune Companies Management Corp., Fortune Realty, LLC, and Mosaic Equities, LLC ("Defendants"). Following a demurrer and motion to strike, IBT filed the operat...

Excerpt: ...acts of violence at the Gilroy Garlic Festival prior to 2019; (3) specific acts of violence that led to a policy banning gang colors, weapons, and other items from the Gilroy Garlic Festival prior to 2019; (4) erection, maintenance, and monitoring of the perimeter fence at the festival, including discovery of breaches of the fence; and (5) coordination and communication between the defendants regarding security measures at the festival. The court...

Excerpt: ...tive and healthcare verticals. (Complaint, 914.) Defendant Health IQ Insurance Services, Inc. is a Medicare broker that uses individual's health care records to find and recommend healthcare plans tailored to that individual's needs. (Complaint, 915.) On April 6, 2021, 1 Quote Velocity and Hi.Q, Inc. entered a Lead Purchasing Agreement whereby Health IQ agreed to pay Quote Velocity for customer leads. (Complaint, 916.) From May 2021 through Septe...

Excerpt: ...d at 577 Salmar Ave., Campbell, CA ("the Property"). (Li FAXC, '1 8.) The Property consists of a two-floor commercial building with office spaces. (Li FAXC, '1 10.) Jialin Niu ("Niu"), the owner of 577 Campbell, also owns CS8U, occupying the lower floor of the Property. Li, who owns and works for GSI Homes and GSI Properties ("GSI Entities") executed a written lease ("2018 Lease") with CS8U for Room 107 in the Property. (Li FAXC, 11, 12.) Since t...

Excerpt: ...tiff and (2) a showing by the plaintiff of a reasonable probability of prevailing on the merits. (Hunt v. Superior Court (1999) 21 Cal.4th 984, 999-1000.) The plaintiff has the burden of showing plaintiff would be harmed if the preliminary injunction were not granted. (Casmalia Resources, Ltd. v. County of Santa Barbara (1987) 195 Cal.App.3d 827, 838.) Plaintiff has made a sufficient showing that the balancing of hardships weigh in favor of plain...

Excerpt: ...tiff and (2) a showing by the plaintiff of a reasonable probability of prevailing on the merits. (Hunt v. Superior Court (1999) 21 Cal.4th 984, 999-1000.) The plaintiff has the burden of showing plaintiff would be harmed if the preliminary injunction were not granted. (Casmalia Resources, Ltd. v. County of Santa Barbara (1987) 195 Cal.App.3d 827, 838.) Plaintiff has made a sufficient showing that the balancing of hardships weigh in favor of plain...

Excerpt: ...erest to the Estate of David Brown and The Estate of Sheila Brown. (Complaint, 91.) Plaintiffs brought this action for negligence/wrongful death, strict liability, negligence (post sale), and survival against Tesla, Inc. on March 12, 2021. Plaintiffs claim their parents were traveling in a 2019 Tesla Model 3 on August 12, 2020 at approximately 11:20 a.m. on highway 85 in the northbound direction, that David Brown was using Tesla's Autopilot featu...

Excerpt: ...ey Ford, Inc. ("Big Valley") to purchase the vehicle. The sales contract includes an arbitration clause and agreement to arbitrate. Ford is not a signatory to the contact. Nor is Ford an "employee[l, agent[], successor or assign[l" for the dealer, Big Valley. Ford is the manufacturer of the vehicle. On December 29, 2022, Plaintiff filed suit against Ford and Big Valley Ford, Inc ("Big Valley"). (Clayton Decl. Exh. 8) However, Plaintiff thereafter...

Excerpt: ...UND This case arises from a dispute over an allegedly defective Honda Pilot Plaintiff Maria Maldonado leased a 2020 Honda Pilot, manufactured and/or distributed by Defendant American Honda Motor Company, Inc. ("AHMC"). (Compl. 6.) Plaintiff received an express warrant•ywhich provided that in the event of a defect during the warranty period, Plaintiff could deliver the car for repair service to AHMC's representative and the carwould be repaired....

Excerpt: ...UND This case arises from a dispute over an allegedly defective Honda Pilot Plaintiff Maria Maldonado leased a 2020 Honda Pilot, manufactured and/or distributed by Defendant American Honda Motor Company, Inc. ("AHMC"). (Compl. 6.) Plaintiff received an express warrant•ywhich provided that in the event of a defect during the warranty period, Plaintiff could deliver the car for repair service to AHMC's representative and the carwould be repaired....

Excerpt: ...ff's moton for an order compelling Defendant to provide further responses to Form Interrogatories (Set One), Special Interrogatories (Set One), and Request for Production of Documents and Electronically Stored Information (Set One). In addition, Plaintiff requests orders requiring Defendant to produce all responsive materials in its custody and control and requiring Defendant to pay monetary sanctions of $5,000. The hearing on Plaintiff's motion ...

Excerpt: ..."Property"). On December 31, 2018, the Parties' father Marson Blair Hull, Jr. transferred the Property to Jeffrey and Jeffrey's younger sister, Courtney Hulll "not as joint tenants, but as tenants in common." (Complaint, Ex. 3; Plaintiff's Separately Bound Exhibits ("PS8E", Ex. A.) The Grant Deed from Blair to his two children was recorded. Jeffrey and Courtney formed Montevina Road LLC (the "LLC") on November 19, 2018. (PS8E, Ex. C.) Jeffrey's a...

Excerpt: ...y sanctons in connection with her motion, and Defendant seeks monetary sanctions in connection with its opposition to Plaintiff's moton. As discussed below, the Court DENIES Defendant's motion and GRANTS Plaintiff's motion in part and DENIES it in part. As to monetary sanctions, the Court GRANTS Plaintiff's request in part and DENIES Defendant's request. l. BACKGROUND Plaintiff Daniella Velasquez filed this action on June 14, 2021. Following a di...

Excerpt: ..."). (Complaint, '18.) Natera alleges "[e]xpress warranties accompanied the sale of the vehicle to Plaintiff by which Hyundai [Motor America] undertook to preserve or maintain the utility or performance of Plaintiff's vehicle or to provide compensation if there was a failure in such utility or performance." (ld.) After allegedly taking the Vehicle to authorized repair facilities to no avail, Natera file a Complaint on April 3, 2019 against Hyundai...

Excerpt: ...Background Plaintiffs Christopher Kulp and Maryam Yazdi are a couple. On July 22, 2022, Yazdi went to Los Gatos Day Spas, Inc. ("Spa") to enjoy a ninety-minute spa package her partner Kulp purchased for her. Yazdi claims that while preparing for her session, Defendant Sindy Flores, a Spa employee, convinced her to remove her engagement ring and a second ring that has been in Yazdi's family for generations. Yazdi further alleges she never saw the ...

Excerpt: ...intiff Nicole Johnson FiledApri1 27, 2023 Filed June 13, 2023 Filed June 20, 2023 Defendants move to strike paragraph 122 of Plaintiffs complaint BACKGROUND This case arises out of Plaintiff Nicole Johnson's claim that on January 4, 2023, she suffered burns and injuries as a result of Defendants' negligent performance of a laser hair removal procedure. Plaintiff filed this complaint March 24, 2023, alleging eight causes of action for (1) general ...

Excerpt: ...GROUND This action arises from a claim for medical malpractice. Plaintiff Jacquelyn Nicole Maddox alleges as follows: Shehad chronic symptoms associated with an enlarged uterus. (Compl 112.) She undemvent an abdominal hysterectomy performed by two Unecologists, Dr. Allison Canavan and Dr. Jennifer Chen. (ld.) After the surgery, Plaintiff complained of vaginal bleeding, vaginal discharge and pelvic pain, but the gynecologists told her this was nor...

Excerpt: ...GROUND This action arises from a claim for medical malpractice. Plaintiff Jacquelyn Nicole Maddox alleges as follows: Shehad chronic symptoms associated with an enlarged uterus. (Compl 112.) She undemvent an abdominal hysterectomy performed by two Unecologists, Dr. Allison Canavan and Dr. Jennifer Chen. (ld.) After the surgery, Plaintiff complained of vaginal bleeding, vaginal discharge and pelvic pain, but the gynecologists told her this was nor...

Excerpt: ...intiff maintained his own private law practice. (Ibid.) In or around 2013, ATI became inwlved in litigation against another company. (FAC, 13.) Plaintiff was involved in managing outside counsel, consulting with outside counsel and ATI executives, researching areas of law for discussion with outside counsel, participating in witness and export depositions, participating in mediations, and having settlement discussions with the other company's gen...