Excerpt: ...ntiff for its CFO position and Wilco CEO Ramasamy emailed Plaintiff with compensation for the position: a base annual salary of $240,000, an annual performance bonus of up to 10% of his salary amount, and a 5% equity stake in Wilco. (See FAC, '1 11.) The salary and bonus terms of compensation were memorialized in an offer letter dated October 18, 2021, however, Ramasamy's October 17, 2021 email stated that "the equity related details will not be ...

Excerpt: ...legations of the Complaint, Plaintiff is a resident of Garden Grove pursuant to a written lease agreement. (Complaint, ¶ 1, Exhibit 1.) Plaintiff began to complain about habitability defects and requested that various repairs be made. (Id., ¶¶ 5‐6.) Plaintiff alleges that in retaliation for the foregoing, Defendants served him an eviction notice and then filed an unlawful detainer (“UD”) action, which was prosecuted by Rothbart. (Id., ¶...

Excerpt: ...ings entered into an oral lease with Defendants to rent an unpermitted garage at 383 Nancy Lane, San Jose, CA 95127 (the “Property”). (Complaint, ¶ 8.) Defendants packed as many people at the property as possible, with over 15 people living there at times. (Complaint, ¶ 9.) Springs paid $1,600 a month to rent an illegally converted garage at the Property. (Complaint, ¶ 10.) The Property had faulty cooling and heating and it would get extre...

Excerpt: ...Factual 1. Complaint This action arises out of purported numerous labor code violations. Plaintiff worked for Defendants from May 2017 until his constructive discharge in January 2020. (Complaint, ¶ 20.) Throughout the entirety of his employment, Defendants allegedly required Plaintiff to perform work in excess of 40 hours without paying him overtime compensation, paid him on an irregular basis, did not pay him the applicable minimum wage, did n...

Excerpt: ...ges, (2) provide sick leave, (3) provide meal periods and rest breaks, (4) timely pay wages during employment, (5) timely pay wages upon termination, (6) provide complete and accurate wage statements, (7) keep complete and accurate payroll records, (8) reimburse business expenses, and (9) provide one day's rest in seven. (Id. at ¶¶ 18‐ 36.) On November 5, 2021, Gooden provided written notice to the Labor & Workforce Development Agency (“LWD...

Excerpt: ... Answer and Enter Validation Judgment by plaintiff The City of San Jose Factual and Procedural Background This is a complaint for validation brought by the City of San Jose (“City”). The City brings this action to determine the validity of the proceedings and obligations relating to the City's issuance of one or more series of pension obligation refunding bonds, execution of a trust agreement and a bond purchase agreement, and approving addit...

Excerpt: ...een O'Connor and Jerome O'Connor (collectively, “Plaintiffs”) are the personal representatives, surviving heirs, and successors in interest of decedent Dorothy Elaine O'Connor (“Decedent”). (Complaint at ¶ 3.) On October 25, 2020, the Decedent was admitted to the Emergency Room at Good Samaritan1 for generalized weakness and further care as a result of a fall she had taken two days earlier. (Complaint at ¶ 13.) Prior medical history and...

Excerpt: ...t oppose the motion. After full consideration of the evidence, the separate statement and the authorities submitted by the Plaintiff, the Court makes the following rulings: Plaintiff is the owner and landlord of a multiunit office building located at 300 Orchard City Drive in Campbell. On December 5, 2016, Plaintiff Landlord and Defendant Tenant R21 entered into a sixty‐six (66) month lease for a part of the premises. Tenant agreed to pay base ...

Excerpt: ... Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 1 December 2021. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON (1) DEMURRER TO PLAINTIFF'S COMPLAINT [BY DEFENDANTS SELECT PORTFOLIO SERVICING, INC. AND U.S. BANK TRUST NATIONAL ASSOCIATION, AS TRUSTEE FOR MEB LOAN TRUST II]; AND (2) DEFENDANT CENLAR F.S.B.'S DEMURRER TO PLAINTIFF'S COMPLAINT I. Statement of Facts. Plaintiff Kath...

Excerpt: ...must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 29 November 2021. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON (1) DEMURRER TO CROSS‐COMPLAINT OF DEFENDANT VLADIMIR WESTBROOK; AND (2) MOTION TO STRIKE CROSS‐COMPLAINT OF DEFENDANT VLADIMIR WESTBROOK I. Statement of Facts. Complaint On or about 6 February 2019, plaintiff 2350 Mission Building, LLC (“Plaintiff”)...

Excerpt: ...ve First Amended Complaint (“FAC”) was filed on October 9, 2018. The FAC added CYT Financial Corp. (“CYT”) as a defendant and states the following causes of action: (1) violation of Civil Code section 5670; (2) violation of Civil Code section 5673; (3) violation of Civil Code section 5705; (4) violation of Civil Code section 5715; (5) violation of Civil Code section 2924f; (6) violation of Civil Code section 5710; (7) wrongful foreclosure...

Excerpt: ...failure to make repairs within a reasonable time; (3) violation of Civil Code § 1793.2(a)(3), failure to make available to its authorized repair facilities sufficient service literature and replacement parts during the express warranty period; and (4) violation of Civil Code §§ 1791.2(a) and 1794, alleging breach of express written warranty. The Fifth Cause of Action, breach of implied warranty of merchantability, in violation of Civil Code §...

Excerpt: ... was filed on August 3, 2020. After a stipulation by the parties that Plaintiff could amend again was entered on April 19, 2021 the operative Second Amended Complaint (“SAC”) was filed on April 23, 2021 and again on May 10, 2021. The SAC states six causes of action (none of which are listed on the caption page): (1) Fraud (no intent to perform), alleged against Cheng and Fan; (2) Intentional Interference with Contractual Relationship, alleged...

Excerpt: ...omplaint was filed on February 27, 2020, adding additional plaintiffs and a third cause of action for Wrongful Death. Pursuant to a stipulation and order of the Court (Hon. Barrett) issued on June 30, 2020, a Second Amended Complaint was filed on July 6, 2020, adding the City of Gilroy (“City”) as a defendant, and adding a fourth cause of action for Dangerous Conditions of Public Property. Pursuant to a September 24, 2020 stipulation and orde...

Excerpt: ...This case has been consolidated with case no. 20CV269589. The original complaint in this action was filed on June 13, 2019. The operative Third Amended Complaint (“TAC”) was filed on February 5, 2021. The TAC states claims for: (1) Alter Ego Liability (against CMS and Perice Sibley); (2) Fraudulent Transfer of Property (Elmwood Court property, alleged against Perice Sibley and both Prosper Equity, Inc. corporations); (3) Fraudulent Transfer o...

Excerpt: ...nded complaint. Factual and Procedural Background This action arises out of a dispute over assessments imposed on non‐party C Cube Investment, LLC (“C Cube”) by Association. Association is a non‐profit, mutual benefit corporation established for the governance of the Lundy Professional Center Condominium Unit Project (the “Project”). (Complaint, ¶ 2.) Reynoso, Eischen, Anh, Yeh, and Tung (collectively, “Individual Defendants”) ar...

Excerpt: ..., Venkat and Vijayasri then allegedly tricked Plaintiff into investing in their company, SAI, based on false representations about the company's products, valuation, investors, and success in the marketplace. Defendants subsequently offered Plaintiff employment on the condition they be allowed to change the terms of his investment such that he would be paid back over the course of five years with an additional 15 percent interest as compensation ...

Excerpt: ...rustee of the Old Santa Cruz Revocable Trust dated January 13, 2015 arises from Sellers' attempts to build an access road. Plaintiffs/Sellers filed their initial complaint on May 24, 2017 to quiet title and prevent interference with an access easement that runs from their property (“Sellers' Property”) through land they recently sold (“Buyers' Property”). Several cross‐complaints have also been filed in the action Plaintiffs/Sellers' op...

Excerpt: ...stead, Plaintiffs state that; “Plaintiffs do not contest that the anti‐SLAPP statute entitles a defendant prevailing on a special motion to strike to recover his or her reasonable attorneys' fees and costs. Code Civ. Proc. §425.16(c); Ketchum v. Moses, 24 Cal. 4th 1122, 1131 (2001). Plaintiffs take no position on the reasonableness of the fees and costs that Defendant Labana claims to have incurred in connection with her anti‐SLAPP motion,...

Excerpt: ... separate sets of discovery requests. The motions were timely served, are unopposed and are GRANTED in part as stated below. Some of the objections served by Cross‐defendants appear to be well‐taken. For example, Pekoe, LLC is a Plaintiff, and then named as a Cross‐complainant in the Nguyen Cross‐ complaint, and also a Cross‐defendant along with Vo, and therefore has sued itself. The amount of discovery on its face appears to be overbro...

Excerpt: ... Does. The original (form) complaint was filed on April 13, 2018. The operative First Amended Complaint (“FAC”), also a form complaint, was filed on April 25, 2018. It appears from the FAC that both causes of action are alleged against all Defendants, but the City, as a government entity, cannot be sued for general negligence. The City and the Low Defendants have also filed cross‐complaints against each other. The FAC alleges that Plaintiff...

Excerpt: ...to Sage, for specialist care to treat the animal's anorexia “with an esophageal to stabilize prior to surgery.” (Id. at ¶ 14.) When Plaintiff arrived at Sage she was told that they were busy, but also not to worry as the cat's condition was not urgent and was treatable. (Ibid.) Sage did not perform a physical exam on the cat. (Ibid.) Further, the cat did not receive timely, appropriate care, including esophageal feeding, or proper ICU monito...

Excerpt: ...reach of Contractual Duties and Common Law Fiduciary Duties of Loyalty and Care,” and; 2) “Breach of Contractual Duty of Entire Fairness,” against nominal defendant TEEC Angel Fund L.P. and against Defendant TEEC Angel Management LLC (a California limited liability company which is alleged to be the “sole general partner” of TEEC Angel Fund L.P.) and Defendant Eugene Zhang (who is alleged to be the managing member of TEEC Angel Manageme...

Excerpt: ...on Lawrence by various doctors over the course of two days in March 2017. (TAC, ¶¶ FR‐2, FR‐5, IT‐1, & GN‐1.) Plaintiffs allege that they did not consent to the procedures, they were misled as to who would conduct the procedures, and the doctors failed to adequately treat and obtain care for Lawrence. (Id. at ¶¶ FR‐2, FR‐3, FR‐4, IT‐1, & GN‐ 1.) As a result, Plaintiffs suffered injuries. (Id. at ¶¶ 11, FR‐6, IT‐1, & GN...

Excerpt: ...in time and rear‐ ended one or more cars in front of him, including cars with plaintiffs Richard and Shannon Daly as well as plaintiffs Michael Kee, Luis Moran, and Oscar Carcamo. Richard and Shannon Daly filed a complaint asserting claims for negligence and loss of consortium. Kee, Moran, and Carcamo (collectively, “Plaintiffs”) filed a complaint asserting a claim for negligence and seeking punitive damages in connection therewith. Current...

Excerpt: ...c Swallow (“Swallow”) owned a 50 % share in Garden City and defendants Peter Lunardi (“Peter”) and Jeanine Lunardi (“Jeanine”) (collectively, “the Lunardis”) owned the other 50%. (See SAC, ¶¶ 1, 20.) In 2014, the Bureau of Gambling Control (“Bureau”) began prosecuting an accusation against Garden City, Swallow and the Lunardis. (See SAC, ¶ 21.) The Bureau entered into stipulated settlement with Garden City and the Lunardis;...

Excerpt: ...d not hold an open‐casket ceremony and had to cremate his remains. And so, this action was commenced by Decedent's surviving family members (collectively, “Plaintiffs”), namely: (1) Monica Renee Ruiz (his girlfriend and mother of his children); (2) Shauna Renee Gutierrez (Decedent's child with Ms. Ruiz); (3) Steve Ruben Gutierrez, III (Decedent's child with Ms. Ruiz); and (4) Raymond Ruiz (Ms. Ruiz's brother).1 Plaintiffs assert causes of a...

Excerpt: ...e. (SAC, ¶ 3.) They purchased the home with financing from World Savings Bank. (Id. at ¶ 8.) A few years later, Plaintiffs obtained a loan modification. (Id. at ¶ 10.) However shortly thereafter, they fell into arrears due to an unexpected financial hardship and they eventually filed for bankruptcy. (Ibid.) At some point, Defendant acquired the loan, and though Plaintiffs have made substantial payments, Clear Recon recorded a notice of default...

Excerpt: ...) Senior Security Consultant; (2) VPN Security Technical Support Engineer; (3) Hybrid Cloud Consultant; (4) Security Consulting Systems/Sales Engineer; (5) IT Auditor Engineer; (6) Security and Compliance Analyst; and (7) Corporate System Engineer. (First Amended Complaint [“FAC”] at ¶¶ 48‐55, 87.) Despite Ali's qualifications for the positions, defendant Cisco did not hire him. (Id. at ¶¶ 49‐55, 57‐58, 60, 87.) Ali alleges defendan...

Excerpt: ... (Id. at ¶ 6.) Tuyet asked Binh if she could scratch off the numbers for him for fun. (Id. at ¶ 9.) Tuyet and Vo took turns scratching the numbers off one of the tickets, which was not a winner. (Ibid.) Binh also allowed Vo to scratch off numbers on Ticket No. 1167224‐026 which was a winning ticket in the amount of $750,000. (Ibid.) Binh has had the original winning ticket and original claim receipt in his possession at all times since that d...

Excerpt: ...ate of California. (Complaint at ¶ 5.) Plaintiff's Assignor, LINKEDIN, entered into a written agreement with defendant Oakwood Systems Group, Inc. (“Oakwood”) where LINKEDIN agreed to deliver goods and services to Oakwood. (Id. at ¶ 19, Ex. 1.) Although demand for payment has been made, defendant Oakwood has failed and refused to pay the debt in the amount of $26,750. (Id. at ¶¶ 2, 10, 20.) The alleged debt, which is the subject of this l...

Excerpt: ...o because of my filing of complaints against them. On May 17, 2017, DFEH issued me a “Right to Sue” notice. I worked for the County of Santa Clara from October 2001 through August 2015.” (Complaint, p.1.) The Court granted County's motion for judgment on the pleadings as to the complaint on July 9, 2019, stating that “Plaintiff fails to identify the claims she is asserting or the nature of the relief she is requesting and does not otherwi...

Excerpt: ...zed by the officials. (See SAC, ¶¶ 15‐16, 19, 27‐28, exh. C.) The waiver and release agreement, attached to the complaint, states: In consideration for the opportunity to attend, volunteer and/or participate in the activities offered, provided by and/or taking place at Solar4America ice at San Jose, Solar4America Ice at Fremont and/or Oakland Ice Center (the “Activities”), the participant, or the participant's parent or legal guardian i...

Excerpt: ...il 2016, Plaintiff was asked to serve as the Interim City Manager after the position was vacated, which he accepted, while continuing to serve as Public Works Director. (Ibid.) In October and November 2016, after evaluating dates for his eventual retirement, Liz Brown, the City's Human Resources Director, strongly recommended that Plaintiff ask the City Council to pay him additional compensation above relevant statutory caps to compensate him for...

Excerpt: ...19 at its campus in North Carolina. Plaintiff claims Duke failed to actively promote the on‐campus event and then cancelled it thereby depriving him of the fees per student, less the cost of refreshments, he was supposed to earn.4 Plaintiff asserts causes of action against Duke for breach of contract and breach of the implied covenant of good faith and fair dealing. Currently before the Court is Duke's motion to quash service of the summons on ...

Excerpt: ...threatening emails and text messages to Plaintiff, and Kachroo's phone and laptop computer on which Plaintiff was shown the video of Kachroo's sexual assault of Plaintiff. On July 7, 2016, the Court filed its order regarding various discovery motions, including Plaintiff's motion to compel further responses to certain special interrogatories propounded on GL regarding: the facts and reasons for terminating Kachroo, whether Kachroo violated any di...

Excerpt: ...nd An Nguyen. According to the allegations in the second amended complaint (“SAC”), Plaintiff owns several investment rental properties. (SAC, ¶ 33.) He is a barber by trade, and met Trung when Trung became Plaintiff's customer. (Id. at ¶ 34.) About ten years into their relationship, Trung approached Plaintiff with an offer to invest in properties for purposes of flipping them for profit. (Id. at ¶ 35.) Trung represented that he had connec...

Excerpt: ...ow”)—who owned 50 percent of the business—to purchase his shares in Garden City for $55 million. (SAC, ¶¶ 1–2 & Ex. A [Stock Purchase Agreement].) The remaining 50 percent of the shares were held in trust by defendants Peter V. Lunardi, III and Jeanine Lunardi (collectively, the “Lunardis”) on behalf of the Lunardi Family Living Trust. (SAC, ¶ 1.) The Lunardis tried to stop the sale to Park by exercising their right of first refusa...

Excerpt: ...� MV‐1‐2.) Plaintiff exchanged information with the driver of the vehicle, who identified herself as the owner of the vehicle and allowed Plaintiff to take a photo of her vehicle registration, listing husband's name and their address. (See Ervin decl., in support of opposition to motion to quash, ¶ 5.) Wife also allowed Plaintiff to take a picture of a DMV Driver's License Change of Address listing a different address; however, Plaintiff was...

Excerpt: ...ary 2018 a UPS delivery driver, identifiable only as “Hector,” approached Plaintiff in the store's stock room, leaned into her personal space, grabbed her shoulder, and made sexually suggestive and threatening statements. (Id. at ¶ 18.) Plaintiff informed her manager of the incident and her discomfort with what transpired. (FAC, ¶ 19.) As they talked, the back doorbell rang, and they answered it together to find Hector. (Ibid.) Despite what...

Excerpt: ...macy, Inc. (“Pharmaca”) leased, operated, and managed the Subject Premises owned by defendant Stahl. (Id. at ¶¶ 3, 12.) In 2009, plaintiff Cynthia Sewak (“Plaintiff”) began working for Pharmaca as a lead pharmacist. (Complaint at ¶ 13.) During her tenure, Plaintiff worked in a building with numerous structural defects including a defective roof, inadequate plumbing, ventilation problems, water leaks, along with fungal and microbial con...

Excerpt: ...oved a public transportation project which by design and necessity impacted access and ingress to K&M. (Id. at ¶ 5.) The project was scheduled to begin in early 2014, and end by late 2015. (Id. at ¶ 7.) Prior to starting the project, VTA filed a complaint in eminent domain against various defendants, including Plaintiff, in case number 12CV237430. (Complaint, ¶ 8.) VTA sought condemnation of a small strip of land fronting Alum Rock Avenue, and...

Excerpt: ...�Khazaeli”) against Globo Mobile Technologies (“Globo” or “GMTI”) on causes of action for national origin discrimination, retaliation and violation of public policy in the amount of $4,416,667 plus costs and attorney's fees for a total of $5,147,898. Collection activity immediately commenced, and in an effort to locate and identify assets to satisfy the judgment, defendant David Brewer (“Brewer”) was served with an order of appearan...

Excerpt: ...ed by the officials. (See SAC, ¶¶ 15‐16, 19, 27‐28, exh. C.) The waiver and release agreement, attached to the complaint, states: In consideration for the opportunity to attend, volunteer and/or participate in the activities offered, provided by and/or taking place at Solar4America Ice at San Jose, Solar4America Ice at Fremont and/or Oakland Ice Center (the “Activities”), the participant, or the participant's parent or legal guardian if...

Excerpt: ...�), on January 17, 2007, a promissory note was executed by loan borrowers Martha N. Sabug and Alexander Sabug (collectively, “the Sabugs”) in the principal amount of $328,000. (SAC, ¶ 17.) The indebtedness was owed to Online Financial Group, a Nevada Corporation as payee. (Ibid.) The debt was secured by a Deed of Trust recorded against real property located at 4014 Shanj Court in San Jose, California (“Subject Property”). (Ibid.) In Febr...

Excerpt: ...�Defendants”). (See complaint, ¶ 7.) Drywall paid Plaintiff's salary. (See complaint, ¶ 7.) From January 2014 to June 15, 2015, Defendants' employees and management gratuitously, constantly and routinely harassed Plaintiff regarding his Mexican heritage. (See complaint, ¶ 12.) On March 24, 2014, Defendants reduced Plaintiff's work hours and pay, refused to provide him with training and refused to promote Plaintiff, for no legitimate reason. ...

Excerpt: ...sure of the fact that he was found by the Court to have made misrepresentations and converted funds would hamper “his future career growth” and his “promising future.” Defendant states that his interest is “not to hide the existence of this lawsuit from anyone” but only to seal essentially all of the “details” of the proceedings, exhibits, and allegedly confidential documents, etc., that are not described. A court has the authorit...

Excerpt: ...aint (“FAC”), the vehicle had a number of significant defects, including a defective engine. Kia equipped Plaintiff's vehicle and a number of other models with a Theta II engine that turned out to be defective because it restricted oil flow around essential engine components. The defect in the Theta II engine caused stalling, catastrophic engine failure, and fires. According to Plaintiff, Kia knew about this defect and the attendant risks, bu...

Excerpt: ...cuments met the standards for sealing pursuant to the California Rules of Court, Rule 2.550. The Court indicated that the documents submitted by the Plaintiff were to remain conditionally under seal, but that additional information was needed to support the current motion. The Court further indicated that Judge Yew's Jan. 26, 2015 Order would be sealed as it met the requisite requirements for sealing. The matter was continued to June 30, 2019 for...

Excerpt: .... Yuan. In general, a self‐represented litigant may not be served by email without express consent to electronic service filed with the Court, with an email address included. Moreover, a proof of service by electronic means must include the following information: “(b) Proof of electronic service shall include all of the following: (1) The electronic service address and the residence or business address of the person making the electronic serv...

Excerpt: ...a”) and one of his companies, Ocean View Drive, Inc. (“Defendant”) in case number 19CV342187. The cases were consolidated on June 11, 2019, with matter 17CV317221 as the lead case.6 According to the allegations of the complaint, Plaintiff leased a commercial property to Le in March of 2016, for a term of 10 years. (Complaint, ¶ 27.) Le has failed to pay rent since September of 2017, or any penalties associated with the default, and to date...

Excerpt: ...quor store, Gene's Liquors. (Id.) Unbeknownst to Plaintiff, Quan and defendant Annie Trinh (“Annie”) took title to the business in their names only. (Id.) In February 2001, as part of the partnership, Quan and Plaintiff decided to purchase Fu Lam Mum Restaurant. (See complaint, ¶ 8.) Again, however, Quan had taken title to the property in his name only, unbeknownst to Plaintiff. (Id.) In 2001, as a part of the partnership, Quan and Plaintiff...

Excerpt: ... arises out of a dispute between business partners. According to the third amended complaint (“TAC”), GCI operates a licensed card room in San Jose, California. (TAC, ¶ 1.) From 2007 to June 26, 2016, Swallow was a director and secretary of GCI. (Id. at ¶ 5.) In addition, until June 9, 2017, Swallow held 12,500 shares in GCI, equaling fifty percent of the outstanding shares. (Ibid.) At that time, Peter V. Lunardi III and Jeanine Lunardi (co...

Excerpt: ...out to be defective because it restricted oil flow around essential engine components. The defect in the Theta II engine caused stalling, catastrophic engine failure, and fires. According to Plaintiff, Kia knew about this defect and the attendant risks, but actively concealed them. Plaintiff alleges Kia never successfully repaired this and other defects in her vehicle and did not, thereafter, offer to pay her restitution. Consequently, Plaintiff ...

Excerpt: ...signed non‐solicitation and non‐ competition agreements, Taresh and Amar agreed to form the company but have all shares issued in their wives' names, Swapnil Anand (“Swapnil”) and Taproop Virk (“Taproop”), respectively. (See FAC, ¶ 11.) Taproop paid $35,000 and Amar began working for Company for a 49% interest in Company. (See FAC, ¶ 12.) In March 2009, Amar realized that they did not have any paperwork demonstrating the interest in...

Excerpt: ...ns for loan modification. According to the allegations of the first amended complaint (“FAC”), Plaintiff sought modification of a home loan that originated in 2006 with Countrywide Home Loans Inc. (“Countrywide”). (FAC, ¶ 21.) The modification was granted but Plaintiff canceled it because the terms were “falsely represented.” (FAC, ¶ 33.) He subsequently sought modifications from Countrywide's successor, Bank of America and other fi...

Excerpt: ...d inquire into records relating to an automobile financing transaction; recover or maintain possession of a 2014 RLX; compel issuance of a release of lien; and enjoin any efforts to repossess the vehicle. The Complaint also makes reference to “monetization and securitization transactions”; alludes to issues of fraud; generally avers various reporting entities, including Innovis, reported negative information about Plaintiff; and states there ...

Excerpt: ...a”) and one of his companies, Ocean View Drive, Inc. (“Defendant”) in case number 19CV342187. The cases were consolidated on June 11, 2019, with matter 17CV317221 as the lead case.1 According to the allegations of the complaint, Plaintiff leased a commercial property to Le in March of 2016, for a term of 10 years. (Complaint, ¶ 27.) Le has failed to pay rent since September of 2017, or any penalties associated with the default, and to date...

Excerpt: ...f promised to provide Defendant with the services detailed in the accompanying statement of work (“SOW”) over a period of 14 weeks. (FAC, ¶ 10.) The Agreement required Defendant to pay invoices within 15 days, while the SOW stated payment was due immediately upon receipt. (FAC, ¶¶ 11–13.) Plaintiff was authorized to suspend its performance and terminate the agreement upon Defendant's failure to timely pay for services rendered. (FAC, ¶ ...

Excerpt: ... plaintiff Learning Ally, Inc. (“Learning Ally”) is the successor‐in‐interest to Recording for the Blind, Inc. (“RBI”). (Complaint at ¶¶ 1, 3.) Learning Ally is organized and operated exclusively for charitable purposes, including but not limited to providing education and professional materials and supplemental services for visually, physically, or perceptually disabled individuals. (Id. at ¶ 1.) Defendant Peninsula Endowment (“...

Excerpt: ...censed in the State of California and the owner of defendant SAC Attorneys LLP, a limited liability partnership (collectively, “Defendants”). (Id. at ¶¶ 2‐3.) Defendants had previously represented an entity known as Chuangjia International Co. dba as TX Trading (“TX Trading”). (Id. at ¶ 5.) TX Trading is jointly owned by Jack Xu (“Xu”) and Shu Teng (“Teng”) as husband and wife. (Ibid.) On May 31, 2016, on behalf of TX Trading...

Excerpt: ...t represented Mariana Soto Hughes in the probate case. (See complaint, ¶ 3.) On January 31, 2019, defendant Anthony F. Ventura (“Ventura”) of VHM sent a letter to Plaintiff stating that: As you know, this firm represents Mariana Soto Hughes in all matters related to the real property located at 678 N. 10th Street in San Jose, California (‘Property'). We are in receipt of the four hostile and threatening text messages that you sent to Maria...

Excerpt: ...with his car while changing lanes. Plaintiff alleges Defendant's conduct was negligent and caused him to suffer serious physical injuries. As a result, Plaintiff lost wages and incurred medical expenses. He seeks to recover “general damages,” “other economic damages,” medical expenses, and lost earnings. Currently before the Court is Defendant's motion for summary adjudication of Plaintiff's “claims for general damages…” on the basi...

Excerpt: ...details, including the rooms, offices, conference rooms, and the fact that it had a gym with shower rooms, lockers and locker rooms. (See FAC, ¶ 11.) Plaintiff Tiger Commercial, Inc. (“Plaintiff”) was not allowed to inspect the complex prior to providing a bid. (See FAC, ¶ 12.) Plaintiff won the bid and for the first time was able to view the complex on its start date. (See FAC, ¶¶ 13‐14.) For the first time, Plaintiff realized that the...

Excerpt: ...ny and its successor Pacific Lodging Group (“Pacific”). (FAC, ¶¶ 4, 7.) Pacific operates a hotel in Bodega Bay. (FAC, ¶ 3.) In or around 1985, Plaintiff's two corporations, Mosam Enterprises, Inc. and MM&H Investment, Inc. (“MM&H”), invested in Pacific and each received an ownership interest of 21.43%. (FAC, ¶¶ 13, 14.) In 2009, Plaintiff and Partner executed a sale and purchase agreement transferring MM&H's interest in Pacific to Pa...

Excerpt: ...��), and defendant Elizabeth J. Larson (“Elizabeth”) as tenants in common. (Id.) On or about May 2, 1990, Nancy, Diane, and defendant Lawrence K. Larson (“Lawrence”) purchased the Subject Property as joint tenants, each possessing an equal onethird beneficial ownership. (Complaint, ¶9.) On or about February 3, 2000, defendants Lawrence and Diane severed the joint tenancy by each transferring an undivided one percent interest to their mot...

Excerpt: ...tion because the statute of limitations defense was dispositive and Defendants did not need to present a second, gratuitous argument regarding modification. On September 14, 2018, a third amended complaint was filed, now listing Granum Partners (“GP”) as the plaintiff, and now alleging that “[i]n or about 2016, for tactical reasons plaintiff Granum Partners orally assigned to Robert M. Granum II individually (‘Robert Granum') any and all ...

Excerpt: ... Security Technical Support Engineer; Hybrid Cloud Consultant; Security Consulting Systems/Sales Engineer; IT Auditor; Security and Compliance Analyst; and Corporate Systems Engineer. (Complaint, ¶¶ 9 & 36.) Despite the fact that Ali was qualified for the positions, Cisco did not hire him. (Id. at ¶¶ 6‐8, 10‐11, & 24.) Cisco allegedly discriminated against Ali because he is over forty years old, Muslim, and of Pakistani descent. (Id. at �...

Excerpt: ...ntiff) is at all times Herein mentioned in this Complaint, the owner, of the real property located at 320 Hawk Ridge Drive, Richmond, California in Contra Costa County (‘Subject Property').” Plaintiff claims that venue is proper in Santa Clara County because this County is allegedly where the contract was entered into, and that he lives here. However, Plaintiff ignores the rule that real property actions must be tried in the superior court in...

Excerpt: ... as painters. (See Pls.' separate statement of undisputed material facts, nos. (“UMFs”) 1‐5.) During their employment with Defendants, Plaintiffs were members of District Council 16, and thus subject to the terms of the collective bargaining agreements (“CBAs”) between the Northern California Painting and Finishing Contractors Association and District Council 16 labor union. (See UMFs 6‐9.) The CBAs expressly provided for: premium pay...

Excerpt: ... served as her superior. (Id. at ¶¶ 4‐6.) Beginning in October 2015, defendant Barrick began verbally assaulting Plaintiff because of her gender and sexual orientation. (Id. at ¶ 6.) For example, after Plaintiff was promoted from night custodian to a lead maintenance person, Barrick sarcastically commented “she's not gonna be able to make it” (because she's a woman). (Ibid.) Thereafter, on March 29, 2016, defendant Barrick told Plaintiff...

Excerpt: ...duction of documents (“RPDs”) on ITboons. On February 19, 2019, after agreeing to an extension to provide responses, ITboons provided responses. On March 8, 2019, counsel for Sun and UCTek, James Chadwick (“Chadwick”) sent a meet and confer letter, raising issues with regards to ITboons' and Garg's responses. On March 15, 2019, counsel for ITboons and Garg, Ethan Solove (“Solove”) responded, stating he was busy but would respond by Ma...

Excerpt: ...reholders. (See FAC, ¶ 6.) Plaintiff HongYing Dong (“Plaintiff”) is JinPing's wife and has been assigned his right to recover all legal entitlements of his regarding AHG, Inc., including the taking of all legal actions. (See FAC, ¶ 3.) On February 22, 2019, Plaintiff filed the FAC against defendants Shanko and Kris (collectively, “Defendants”), asserting causes of action for: 1) Fraudulent misrepresentation; 2) Fraudulent concealment; 3...

Excerpt: ...lon (“Plaintiff”) as a Laboratory Manager. (Ibid.) During her tenure with the company, Plaintiff handled diagnostic and research testing, technical support, and other regulatory matters relating to the manufacture, sale, and support of medical devices. (Ibid.) In 2014, Plaintiff discovered the qualifications, background, and experiences of a new Hologic Quality Engineer, Ricky Le (“Le”), did not appear to match the job description and dut...

Excerpt: ...details, including the rooms, offices, conference rooms, and the fact that it had a gym with shower rooms, lockers and locker rooms. (See FAC, ¶ 11.) Plaintiff Tiger Commercial, Inc. (“Plaintiff”) was not allowed to inspect the complex prior to providing a bid. (See FAC, ¶ 12.) Plaintiff won the bid and for the first time was able to view the complex on its start date. (See FAC, ¶¶ 13‐14.) For the first time, Plaintiff realized that the...

Excerpt: ... LLC (“BMW”) (collectively, “Defendants”). BMW provided express warranties by which it undertook to preserve or maintain the utility or performance of the vehicle, or to provide compensation if there was failure of such performance. Unfortunately, the vehicle was defective and after several attempts to repair the vehicle, Defendants were unable to repair it, and did not repurchase it, prompting the instant action. The operative complaint ...

Excerpt: ...”) served that same evening, as had been promised, supplemental responses to those same interrogatories, and even though Defendant's counsel offered to extend the time to file the motion. The motion was moot even before it was filed, and the separate statement did not include the supplemental responses that were then at issue. The stated reason for Plaintiff to proceed with this motion is that Plaintiff's counsel did not believe Defense counsel...

Excerpt: ...50 Paragon Dr. in San Jose. (See PXC, ¶¶ 1, 9.) Plaza was in the process of selling the Plaza building when plaintiffs Patanjali Bhatt and Jyoti Rau, trustees of the Bhatt Family Trust, U.D.T. dated February 21, 2008 (“Plaintiffs”), filed the underlying complaint. (See PXC, ¶ 10.) Plaza had a willing buyer and the parties had executed a letter of intent to sell the Plaza building for $6,075,000.00 on January 4, 2018. (Id.) On January 18, 2...

Excerpt: ...nd their unborn child. (See FAC, ¶¶ 3, 5.) Plaintiffs' parents, Barbara and Lawrence Gawaldo (collectively, “parent defendants”) knew of his habitual drug use and his long‐standing predisposition for irresponsible, dangerous activity, and knew that Nicholas was intoxicated when they entrusted him with their vehicle. (See FAC, ¶¶ 3, 5.) On November 27, 2018, Plaintiffs filed the FAC against defendants Nicholas, Barbara and Lawrence Gawal...

Excerpt: ...tiff was a model employee having countless positive company and customer performance reviews. (Id. at ¶ 12.) As a result of his excellent work ethic, Monarch later promoted Plaintiff to be a “Body Shop Manager.” (Ibid.) On May 12, 2017, Plaintiff learned that his father was taken to the emergency room as he could not feel the lower half of his body. (Complaint at ¶ 13.) The subsequent operation on Plaintiff's father uncovered an underlying ...

Excerpt: ...ntiff did not prevail in the civil action or subsequent appeal of that case. (Id. at p. 2:1‐2.) Stratton thereafter filed a malicious prosecution action against Plaintiff (Stratton v. Du Bois [Santa Clara County Case No. 2011‐1‐ CV‐ 199490]). (Id. at p. 2:3.) Plaintiff hired defendant and attorney Ismael Perez (“Perez”) to represent her in the malicious prosecution case. (FAC at pp. 4‐5, ¶¶ 2, 6‐8.) On April 20, 2016, defendant ...

Excerpt: ...published additional false statements, specifically identifying Plaintiff as improperly disbursing funds to another individual without Board approval. (See complaint, ¶ 6.) Subsequently, the Board president, Paul Fong, sent an email in response, correcting Defendant's assertions, and stating that Defendant's accusations were not true. (See complaint, ¶ 7.) Plaintiff requested a retraction of the accusations. (Id.) Instead, however, on September...

Excerpt: ...d Amended Complaint (“TAC”), ¶ 56.) In 2009, Plaintiff's husband sold their shares to the company's CEO, defendant James Kucera, for $6,000,000. (TAC, ¶ 59.) Mr. Kucera financed a portion of the purchase price by executing a promissory note in favor of Plaintiff and her husband in the amount of $2,956,924 at an unspecified interest rate. (TAC, ¶ 59.) Plaintiff alleges her husband forged her signature on a novation of the promissory note th...

Excerpt: ...the Patels”). (See Pl.'s separate statement of undisputed material facts, nos. (“UMFs”) 1‐2.) The sale involved a seller carryback loan in the amount of $2,225,119.48. (See UMF 3.) BKD signed five promissory notes in 2002 in the amounts of $245,119.48, $400,000, $400,000, $590,000 and $590,000. (See UMF 4.) The Patels personally guaranteed the notes. (See UMF 5.) On March 22, 2002, the parties entered into a security agreement in which th...

Excerpt: ... 2003, Plaintiff executed a promissory note in the amount of $50,000 in favor of Katherine Brown (“Brown”). (Id. at ¶ 7.) Plaintiff thereafter executed a deed of trust in favor of Brown to secure the promissory note. (Id. at ¶ 8.) Since then the deed of trust has been assigned to various defendants without giving notice to Plaintiff. (Id. at ¶ 11.) The final assignment was recorded on November 14, 2011 to defendant Bayview Loan Servicing, ...

Excerpt: ...ie Nava Fuller—then sold the stolen equipment to retailers and another individual, namely defendants the Starving Musician, Tap Tempo, Caveman Vintage Music, Inc., and Mark Chatfield. In the operative second amended complaint (“SAC”), Plaintiff asserts (among other claims) the fifth cause of action for negligence against Kong Yin Yiu, Simon Yiu, and Excel Property Management (collectively, “Defendants”) on the basis they negligently lef...

Excerpt: ...ff Nancy L. Roberts (“Nancy”) seeks to quiet title to a 49.5% interest in real property commonly known as 307 Hershner Drive in Los Gatos (“Subject Property”). (Complaint, ¶1.) The Property is jointly owned by plaintiff Nancy, defendant Diane M. Larson (“Diane”), and defendant Elizabeth J. Larson (“Elizabeth”) as tenants in common. (Id.) On or about May 2, 1990, Nancy, Diane, and defendant Lawrence K. Larson (“Lawrence”) purc...

Excerpt: ...dge Terrace in Los Gatos, California (“Rahmani Property”). (Complaint at ¶ 7.) Defendant Robert Bower (“Bower”) is the owner of real property located at 16060 Greenridge Terrace (“Bower Property”). (Id. at ¶ 8.) The properties adjoin each other at the eastern boundary of Rahmani Property and the western boundary of Bower Property. (Id. at ¶ 9.) Himanshu and Darshana Vaishnav (collectively, the “Vaishnavs”) were prior owners of ...

Excerpt: ...City accepted Stronghold's bid and hired it as the general contractor to complete the renovations according to the City's preexisting building plans. When Stronghold commenced work on the project, it found a number of undisclosed conditions at the construction site—including asbestos—as well as deficiencies in the City's building plans. In some respects, the City's plans simply did not comply with legal requirements, including those for acces...

Excerpt: ...percent of the business—to purchase his shares in Garden City for $55 million. (SAC, ¶¶ 1–2 & Ex. A [Stock Purchase Agreement].) The remaining 50 percent of the shares were held in trust by defendants Peter v. Lunardi, III and Jeanine Lunardi (collectively, the “Lunardis”) on behalf of the Lunardi Family Living Trust. (SAC, ¶ 1.) The Lunardis tried to stop the sale to Park by exercising their right of first refusal. (SAC, ¶¶ 3–4.) ...

Excerpt: ...1, FR‐2, FR‐ 5, and CC‐1.) On March 13, 2017, a written and oral agreement was allegedly made between representatives of plaintiff California Spine and Neurosurgery Institute dba San Jose Neurospine (“Plaintiff”) and “all defendants.” (Id. at ¶ BC‐1, capitalization omitted.) Specifically, “[r]epresentative ‘Alexis' of all named [defendants] orally agreed that 50% of the Usual and Customary (UCR) charge in the geographical are...

Excerpt: ...llege the sidewalk that they were crossing was a dangerous condition of public property because it had “very dim and/or non‐functioning crosswalk lights” and “constituted a trap for the unwary” since “they activated the pedestrian signal and walked in the crosswalk which they were led to believe was safe.” (See FAC, ¶ Prem. L‐4.) On February 14, 2019, Plaintiffs filed the FAC against Yao and the City of Palo Alto (“City”), as...

Excerpt: ...imothy Kim, occupied the Subject Property. (Complaint, ¶9.) On or about August 15, 2018, plaintiff Park and defendant Nancy Kim agreed to extend the lease term for an additional six months. (Complaint, ¶10.) Defendant Nancy Kim gave her brother, Timothy Kim, power of attorney to enter into a written lease extension. (Id.) The rent increased to $3,750 per month and the lease expiration became April 30, 2019. (Id.) Defendant Timothy Kim signed th...

Excerpt: ...; (3) gender violence; and (4) intentional infliction of emotional distress. After Plaintiff came forward, a number of other women in the industry reached out to her and asserted they had been victims of similar assaults. And so, Plaintiff filed the first amended complaint (“FAC”) asserting the same causes of action against Defendant, but additionally alleging: After this lawsuit was filed, other women approached [Plaintiff] to share their ex...

Excerpt: ...in regards to the discrimination, harassment, hostile work environment, and retaliation that I have been subjected to because of my filing of complaints against them. On May 17, 2017, DFEH issued me a “Right to Sue” notice. I worked for [Defendant] from October 2001 through August 2015. In the outline attached to the complaint—which seems to be what Plaintiff perhaps submitted to DFEH—she states she began working for Defendant in 2001 and...

Excerpt: ...t's father, Alphonse Peters (“Peters”). (Ibid.) In 2000, Plaintiff and Defendant got married. (Complaint at ¶ 6.) The parties did not have a prenuptial agreement. (Ibid.) In 2004, the parties purchased the townhouse from Peters. (Id. at ¶ 7.) The down payment consisted of rental money the parties had paid to Peters from 1998 to 2004. (Ibid.) Both parties did not have the financial resources to buy the house themselves. (Id. at ¶ 8.) The pa...

Excerpt: ...thout leave to amend brought by Defendants Nationstar Mortgage LLC, NRZ Pass‐Through Trust V, U.S. Bank National Association as Trustee, Deutsche Bank Trust Company Americas as Trustee for RALI2002QS17 and Ocwen Loan Servicing, LLC, and has entered judgment in favor of those defendants. The issues posed by the present demurrer are consistent with and are addressed by the August 20, 2018 order granting the motion for judgment on the pleadings. T...

Excerpt: ...Association president, agreed that it was beneficial for the Alumni Association to become a formal California non‐profit organization and apply for tax exemption status under Section 501(c)(3) of the Internal Revenue Code. (See complaint, ¶ 5.) Plaintiff was tasked with preparing and filing the necessary papers for becoming a formal California non‐profit organization and applying for tax exempt status. (See complaint, ¶ 6.) On March 27, 201...

Excerpt: ...ortunately, the vehicle had multiple defects and after several attempts to repair the vehicle, Defendant was unable to repair it, and did not replace or repurchase it, prompting the instant action. On October 24, 2018, Plaintiff propounded a set of requests for production of documents (“RPDs”) on Defendant, to which Defendant provided responses on January 7, 2019. Apparently dissatisfied with Defendant's responses, and after meet and confer e...

Excerpt: ..., Inc. (“eGestalt”), a California corporation. (Second Amended Complaint [“SAC”] at ¶ 8.) In December 2012, the founders of eGestalt created a shell entity, eGestalt Technologies, a Delaware corporation (“eGestalt‐Del”). (Id. at ¶ 9.) All ownership interests in eGestalt were transferred to eGestalt‐Del in exchange for ownership interests in eGestalt‐Del. (Id. at ¶ 10.) In March 2015, eGestalt‐Del was renamed to Aegify, Inc....