Excerpt: ...Defendant Qi has failed to prov-de any response to these requests. Defendant contends that he need not provide such documents because "(1) there are bank statements in general EventBrite, Venmo, PayPal, etc. and (2) there are no bank statements reflecting the deposit of funds collected on behalf of Plaintiff individually," as the money was collected on behalf of "the corporation." He also contends that because the amount collected is not in contr...

Excerpt: ...al documents relating to the Loan (collectively, the "Loan Documents"): 1. Promissory Note, dated October 5, 2018; 2. Business Loan Agreement, dated October 5, 2018; 3. Deed of Trust, dated October 5, 2018 and recorded in Contra Costa County on October 18, 2018; 4. Assignment of Rents, dated October 5, 2018 and recorded in Contra Costa County on October 18, 2018; and 5. Payment Deferral Agreement, dated April 28, 2020, subsequently amended by Ame...

Excerpt: ...) is a nonprofit California corporation, owned, controlled, directed, and operated by Doe 1, which included the church ("San Jose Congregation") that Plaintiff attended and the property where the unlawful acts of childhood sexual assault occurred. (ld. at '1 11.) Doe 1 was responsible for finalizing the appointments of Elders and Ministerial Servants, including Doe 3, from its headquarters in New York. (Complaint, '17.) The managing agents direct...

Excerpt: ...respond to the discovery requests or whether Plaintiff would need to obtain a Court order compelling response. On March 31, 2022, Mr. Klein emailed Plaintiff's counsel and stated he was encountering enormous difficulty in securing his clients' cooperation in responding to this written discovery. On May 3, 2022, a substitution of attorney for Defendant was filed which substituted Defendant as a self-represented party in place of Mr. Klein. Plainti...

Excerpt: ... was allowed to exist and left in disrepair. (Complaint, MC-025.) The City failed to barricade the area and/or warn of the dangerous condition, which resulted in the area becoming a dangerous condition. (Ibid.) As a result, Saabedra sustained serious injuries. (Ibid.) Saabedra filed the Complaint on November 17, 2022, asserting claims for general negligence and premises liabilityl . On March 28, 2023, the City filed the instant motion, which Saab...

Excerpt: ...el C-5 quadriplegic" who "cannot walk, has significant manual dexterity impairments" and uses a wheelchair for mobility, went to the Chili's restaurant (the "Restaurant") located at the shopping center owned by Defendant (the "Property"). (FAC, 1, 3, 10.) Plaintiff intended to avail himself of the goods and services offered by the Restaurant, and his visit was also motivated by his desire to determine if Defendant complied with all disability acc...

Excerpt: ...lowing causes of action: 1. VIOLATION OF LABOR CODE SECTION 1102.5 2. WRONGFUL TERMINATION IN VIOLATION OF PUBLIC POLICY The FAC alleges that Google employed Chatterjee as a senior engineering manager from 2018 to May 2022. (FAC, "1 10, 136.) As part of his duties, Chatterjee was responsible for evaluating the potential commercial use of a Google research project that developed design methtxls for the physical layout of computer chips ("Project M...

Excerpt: ...gations, the complaint asserts causes of action for: (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) unjust enrichment/restitution, (4) money had and received, and (5) violation of Business and Professions Code section et seq. Now before the Court is Plaintiff's motion for leave to file a first amended complaint. Defendant has opposed the motion and Plaintiff has filed a reply. DISCUSSION l. Legal St...

Excerpt: ...Factual This is an action for violation of Title IX, among other things. According to the allegations in the SAC, for over fourteen years, San Jose State University's ("SJSU") head athletic trainer, Shaw, sexually abused countless female student-athletes during allegedly sports-related massages by inappropriately and without consent touching them in their private areas. (SAC, '1 1.) Plaintiffs suffered lasting humiliation and trauma as a result o...

Excerpt: ...n for summary adjudication of both causes of action asserted in InESS's First Amended Complaint ("FAC") in Case No. 19CV347622 and (2) lnESS's second motion for summary adjudication of its fifth cause of action in Case No. 19CV350478. 80th motions are opposed. As discussed below, the Court DENIES Cisco's motion and GRANTS lnE-ss's motion. l. BACKGROUND A. Factual lnESS filed case No. 19CV347622 on May 7, 2019 and Case No. 19CV350478 on June 28, 2...

Excerpt: ...lege Sasan directed racial and religious epithets Antranik and threatened violence towards Antranik and his family. According to the FAC, on August 31, 2020, Antranik entered the 7-Eleven, which Mohammed and Khandan own and Khandan manages, to purchase lottery tickets. (FAC, "1 5, 6, 11.) After receiving his change from Sasan, who was behind the register, Antranik asked Sasan what he could buy for $1. (ld., 12-13.) Sasan, which is alleged on info...

Excerpt: ...nd Parkmoor Avenue in San Jose, California ("Subject Location"). (ld. at '1 7.) At the same time, defendant David Allen was operating a light rail vehicle in the generally northbound direction towards the Subject (Ibid.) The light rail vehicle ran into Decedent, and she was killed. (ld. at 7.) Plaintiff alleges the train operator (Allen) and the VTA (collectively, "Defendants"), "failed to sound a horn or other device at or near the crossing, to ...

Excerpt: ...rt "to honor the arbitration clause in the Client Manual." (Opp. at p. 3:7.) After Citibank failed to pay the administrative fee required by AAA and by statute (Code Civ. Proc., S 1281.97), AAA closed out the case, and Lee filed the present action in this court. Lee now contends that Citibank waived its right to compel arbitration, and the court agrees. Accordingly, the court denies the motion. Although a waiver of arbitration is generally not li...

Excerpt: ...motion. As instructed by the court, the parties had an informal discovery conference with Judge Carol Overton and were able to narrow their disputes, but many disputes remain. The court now GRANTS in part and DENIES in part the motion to compel, as follows: Form Interrogatories (General) Nos. 12.1 & 12.2 and Form Interrogatories (Employment) Nos. 215.1 & 215.2: The court does not understand the relevance of Ms. Viera's investigation and report to...

Excerpt: ...er rate, and failed to provide accurate itemized wage statements, in addition to other wage and hour violations. As a result of these violations, the First Amended Complaint includes causes of action for: (1) violation of Business and Professions Code section 17200, et seq.; (2) failure to pay all wages (Labor Code sectons 2[n, et seq. 218, 226, 510, 511, 1194, 1198, 2802); (3) failure to pay sick pay at the correct regular rate; (4) failure to p...

Excerpt: ... trade secrets. Plaintiff alleges that its former employees joined Sycomp, a competitor, after abusing and exploiting their privileged access to Plaintiff's computer networks and devices to misappropriate Plaintiff's trade secret and confidential information to the benefit of Defendant Sycomp. (Complaint, 2.) The operative Complaint, filed on May 12, 2023, alleges the following causes of action: 1. Violation of the California Uniform Trade Secret...

Excerpt: ...ls ("Plaintiff") was hired by defendants Northrop Grumman Systems Corporation and Northrop Grumman Corporation (collectively, "Defendants") in May 2010 as an hourly, non- exempt employee. (Complaint, 10.) Plaintiff alleges that Defendants violated various wage and hour laws, including requiring Plaintiff and the putative class to go through security checks, failing to provide meal periods, failing to reimburse for business expenses such as the pu...

Excerpt: ... wage and hour laws. The Class Action Complaint, filed on July 27, 2020, sets forth causes of action for: (1) Violation of 15 U.S.C. SS (FCRA); (2) Failure to Provide Meal Periods (Lab. code 204, 223, 226.7, 512 and 1198); (3) Failure to Provide Rest Periods (Lab. Code SS 204, 223, 226.7 and 1198); (4) Failure to Pay Hourly wages (Lab. code SS 223, 510, 1194, 1194.2, 1197, 1997.1 and 1198); (5) Failure to Pay vacation Wages (Lab. Code S 227.3); (...

Excerpt: ...ues its tentative ruling: l. Background According to the amended complaint ("FAC") for unlawful detainer to evict and obtain possession, Cross-complainants were tenants at 1315 San Damar Drive in Mountain View (the "Property") since March 27, 2015. (FAC, 3, 6.) On August 12, 2022, they were served with a 60-day notice to quit. (FAC, "1 9, 10.) The XC alleges the Property was sold to Cross-Defendants in July 2020. (XC, 1.) Crosscomplainants' tenan...

Excerpt: ...the Contract Documents which in any way involve Subcontractor, shall be resolved by arbitration or litigation at the sole discretion of the Contractor, and any award or judgment entered theron shall be final and binding upon Subcontractor. The venue for any legal proceeding shall be held in the county and state where the project is located. Arbitration will be in accordance with the Constructon Industry Rules of the American Arbitration Associati...

Excerpt: ...ebruary 9, 2015, Plaintiff and Defendant entered into a written contact for the pre-planning of a multi story high rise residential building located in the City of San Jose (the City) downtown district. Defendant had experienced professional architects who could assist[] Plaintiff plan, design, and build project. The contract required Defendant to complete its work within five weeks. The contract price was $23,000, and the contract specified that...

Excerpt: ...ble because Defendants did not initial the arbitration clause, as they claim is required under Business and Professions Code S 7191. That section requires a line or space "for the parties to indicate their assent or nonassent to the arbitration provision" and it also requires a notice provision advising of the rights waived by agreeing to arbitrate. CA Cade S 7191(b). There is no dispute that the contract at issue complied with the general requir...

Excerpt: ...EVIDENTIARY OBJECTIONS The court declines to issue a ruling on Galan Ramirez's evidentary objections because they are not material to the outcome of the summary adjudication motion. "In granting or denying a moton for summary judgment or summary adjudication, the court need rule only on those objections to evidence that it deems material to its disposition of the motion. Objections to evidence that are not ruled on for purposes of the motion shal...

Excerpt: ...the original complaint in this action on January 4, 2019. According to the allegations of the operative first amended complaint ("FAC"), Plaintiffs operate pain management clinics. (FAC, 9, 19, 20.) They were in-network providers with Cigna for many years, until 2014. (ld. at '1 2.) After they left the Cigna network, Cigna allegedly required excessive medical records and documentation for each bill prior to payment. (ld. at 3.) According to Plain...

Excerpt: ...intiff"), and defendant Mosaic Dance and Fitness, LLC ("Mosaic") entered into a written lease agreement (the "Lease Agreement"). (FAC at '1 7.) Under the Lease Agreement, defendant Mosaic agreed to lease certain premises located at 3595 Stevens Creek Blvd. in Santa Clara, California ("Premises"), for a term of approximately two (2) years and two (2) months, beginning on or about November 1, 2019, and ending on or about December 31, 2021. (Ibid.) ...