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: ... 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: ...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: ..., 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...� 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: ...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: ...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: ...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: ...�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: ...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: ...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: ...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: ...�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: ...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: ... 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: ...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...