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: ...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: ... 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: ...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: ...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: ...outs. (See complaint, ¶ 10.) In November 2008, Guinto arranged an overnight weekend camping trip for Pack 220 and obtained “parent proxies” from Plaintiff's mother and another boy, “John Doe,” to permit him to act as their legal guardian. (See complaint, ¶ 11.) One evening during this trip, Plaintiff woke up in his tent to witness Guinto molesting and/or impermissibly touching John Doe's genitals. (See complaint, ¶ 12.) Further, during...

Excerpt: ...(Compl., ¶ 11.) Plaintiff alleges Defendants misclassified him as an independent contractor and failed to pay all of his wages. (Compl., ¶¶ 12‐14.) When Defendants first hired Plaintiff, they paid him $10,000 a month and a commission of 30 percent of their gross profits for each project. (Compl., ¶ 13.) In October 2015, Plaintiff began earning $10,000 a month plus a commission of 10 percent of the net profits per project. (Compl., ¶ 13.) P...

Excerpt: ...aid that he might be called to testify if the Plaintiff forgot something. Unsatisfied with this response, Defense counsel cancelled the deposition. No motion for protective order has been filed. This motion seeks the cost of the court reporter, the interpreter, the attorney time to prepare for the deposition, attorney travel to the deposition site, and attorney time to prepare for the deposition, all in the amount of just over $3,110. Although th...

Excerpt: ...y 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: ...dded for out of country service). The motion to compel responses to Form Interrogatories is GRANTED in part and DENIED in part. The Court finds Incident based form interrogatories to be inappropriate in the context of this case, involving complex business transactions and multiple causes of action. (See California Practice Guide, Civil Procedure Before Trial, §8:933.8, “Objections to certain Official Form Interrogatories are likely to be susta...

Excerpt: ...e Microsemi Defendants' motion for attorney fees on May 18, 2018, and Defendant Van de Hey's motion for attorney fees issued on May 22, 2018. Even if the motions are timely, Plaintiff does not present new or different facts, circumstances, or law First, it appears the Plaintiff's motions for reconsideration are not timely, but even if the motions for reconsideration are timely, Plaintiff does not present any new or different facts, circumstances,...

Excerpt: ...subdivide the parcels with the condition that, among others, the owner “[c]onnect the existing residence, cottage and proposed residence to the existing sanitary sewer system prior to final inspection….” (See FAC, ¶ 9, exh. C.) A sewer line was installed on defendant Sonja Wilkerson's (“Defendant”) property, where the existing residence and cottage were connected. (See FAC, ¶ 9.) A “stub out” was provided on plaintiff 12389 Stoneb...

Excerpt: ...or seeking default and default judgment are so numerous that the Court will not detail all of them. A judge may enter a default judgment against a defendant only if the plaintiff has precisely followed certain procedures that ensure that the defendant received sufficient notice of the pending action to make an informed choice as to whether to defend or ignore the plaintiff's claims. (Fasuyi v Permatex, Inc. (2008) 167 Cal.App.4th 681, 691.) T...

Excerpt: ...��3, 6‐7.) Defendants have engaged in numerous activities constituting nuisances and/or violating the conditions, covenants and restrictions (“CC&Rs”) for their subdivision. (Id. at ¶¶ 10‐21.) Among other things, they regularly allow their property to be occupied by more than fifteen adults, dump trash on their neighbors' lots, park cars on the lawn of their property, and conduct activities resulting in excessive noise. (Id. at ¶ 9.) S...

Excerpt: ...n was required. No further activity occurred in the case, until Plaintiff's motion filed on July 25, 2017 seeking to “vacate notice of settlement and set case for trial.” As noted by the Court in denying the motion at the hearing on September 12, 2017: Motion to vacate notice of settlement is DENIED without prejudice. Based on the stipulation of the parties, the case was dismissed at the request of Plaintiff with jurisdiction retained under C...

Excerpt: ...missioner. (Id. at ¶ 3.) On September 21, 2017, the Labor Commissioner Hearing Officer rendered an Order, Decision or Award of the Labor Commissioner. (Id. at ¶ 4.) On November 22, 2017, Mish‐ra filed and served its Notice of Appeal and Notice of Undertaking with Superior Court for Labor Commissioner Case No. 12‐ 99669 CO. (Id. at ¶ 5.) On December 19, 2017, Mish‐ra filed the operative Cross‐Complaint alleging causes of action for: (1)...

Excerpt: ...n, wherein Defendants could lease back the subject property, provided they allowed reasonable access to the property for Plaintiff to make improvements to the property. Plaintiff alleges that Defendants failed to disclose the existence of shared water service, a fire suppression system that was not up to code, and removal of circuit breakers. Plaintiff additionally alleges Defendants' failure to allow reasonable access to the property. In May 201...

Excerpt: ...ctric issued a Hazard Notice regarding the water heater, noting that no natural gas conversion had been made. (See FAC, ¶ 11, exh. B.) On September 6, 2016, Defendant issued a 60 day notice of termination of tenancy. (See FAC, ¶ 12, exh. C.) Defendant prosecuted an unlawful detainer action, Richard Peterson v. Virginia Galik, et al. (Super. Ct. Santa Clara County, 2016, Case No. 2016‐1‐CV‐302622). (See FAC, ¶ 13.) On the day of the Decem...

Excerpt: ...ocedure, done endoscopically. (First Amended Complaint [“FAC”] at ¶ 14.) After being cleared for surgery, Kessler underwent a right carpal tunnel release procedure with the use of a Manos Device at defendant Spine and Sports Surgery Center (“Surgery Center”). (Id. at ¶ 15.) Prior to surgery, Dr. Yeh allegedly failed to disclose to Kessler that: (1) he was going to use the Manos Device; and (2) he was an investor in the Manos Device and ...

Excerpt: ...facts to allow the Court to conclude that he would be able to amend his complaint to state a viable claim, or to support any argument that the demurrer was not properly sustained. By virtue of the demurrer filed by Defendant that challenged Plaintiff's complaint, it was not reasonable for Plaintiff to expect a settlement and then fail to oppose the demurrer and choose not to appear at the hearing. Moreover, Defendant presented evidence that it co...

Excerpt: ...�), Acuity Ventures II, LLC (“Ventures II”), Eric Hardgrave (“Hardgrave”), and Larry Hootnick (“Hootnick”).1 Plaintiffs allege AMC, a general partner of the Partnership, as well as Ventures I and Ventures II were formed for the purpose of early‐stage investment in technology companies. They claim Hardgrave defrauded them into investing in these venture funds and that he and Hootnick thereafter mismanaged the funds throughout their o...

Excerpt: ...and exchanged confidential communications” subject to an oral joint defense agreement as part of a regulatory action, and that oral agreement was breached by the Lunardis and GCI, resulting in damage to Swallow. (See FAXC, ¶¶ 33, 82‐84.) In response to discovery seeking persons with knowledge of the alleged breach, Swallow identified his attorney, Allen Ruby. (See Harrington decl. in opposition to motion to quash, ¶ 2.) On February 21, 201...

Excerpt: ...d the day before, and the plywood platform upon which Decedent stood collapsed, resulting in Decedent's multi‐story fall and subsequent death. (See SAC, ¶¶ 18, 20.) On January 17, 2018, the Court sustained the demurrer by defendants Level 10 Construction L.P. (“L10 Construction”), Level 10 Management, Inc. (“L10 Management”) and Level 10 Investments LLC (“L10 Investments”) (collectively, “Level 10 defendants”) to the fifth cau...

Excerpt: ...cedent”) was participating in a Metabolics class at defendant Achievement Fitness, LLC (“Achievement”), taught by Achievement trainer and co‐owner defendant Denise Riesenhuber (“Denise”). 1 (Complaint, ¶ 7.) In the middle of class, Decedent collapsed, lied flat on her back, motionless, unconscious, not breathing or breathing with agonal respiration, not speaking, and with eyes neither moving nor focused. (Id., ¶ 10.) After seeing th...

Excerpt: ... the plywood platform upon which Decedent stood collapsed, resulting in Decedent's multi‐story fall and subsequent death. (See SAC, ¶¶ 18, 20.) On January 29, 2018, plaintiffs Irma Vargas, individually and as representative of the Estate of Jose Luis Delgado Lopez and as successor in interest to Decedent, Sebastian Delgado‐Vargas, Monserrat Delgado‐Vargas, and Samantha DelgadoVargas by and through Irma Vargas as guardian ad litem (collect...