Excerpt: ...es I”), Acuity Ventures II, LLC (“Ventures II”), Eric Hardgrave (“Hardgrave”), and Larry Hootnick (“Hootnick”).2 Plaintiffs allege the Management Company, 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...

Excerpt: ...d that Defendant had a 50% ownership interest, Katherine Lee had a 10% interest, Jannelle Yoon had a 15% interest, Peter Lee had a 10% interest and Plaintiff had a 10% interest. (See complaint, ¶ 9.) The agreement also prohibited the transfer or disposition of any interest of the subject property without written consent of all parties. (See complaint, ¶ 10.) In early 2016, Defendant informed his other siblings that he had sold the subject prope...

Excerpt: ...Realty Investments, Inc., dba Insight Realty Company (“Insight”) and its manager and co‐founder Vincent Woo (“Woo”) (collectively “Defendants”) arises from Defendants' purported scheme to destroy Plaintiffs' business. According to the allegations of the First Amended Complaint (“FAC”), Plaintiffs were in negotiations to purchase real property in downtown Mountain View from Kent Yu (“Yu Transaction”). (FAC at ¶ 14.) Plaintif...

Excerpt: ... (See complaint, ¶ 12.) However, Novinium failed to accurately measure the length of the cables by 28%, and, in an attempt to complete the project on time, Novinium increased the injection pressure to 60 psi, double the maximum pressure provided by Novinium's documented injection procedures. (See complaint, ¶¶ 17‐20.) Moreover, Novinium reused ground clamps, improperly mixed or used defective injection fluids, and prematurely capped the cabl...

Excerpt: ...Second Amended Complaint (“SAC”) of plaintiffs Julio Mendoza (“Mendoza”) and Charise Cass (“Cass”) (collectively, “Plaintiffs”). Factual and Procedural Background This action arises out of the nonjudicial foreclosure sale of real property located at 21435 Madrone Drive, Los Gatos, CA 95033 (“Property”). Plaintiffs originally acquired the Property when they were married. (SAC at ¶¶ 1 and 7.) They allege that the Property is, ...

Excerpt: ...�� or that any mistakes were made. As noted in the Court's most recent order denying Plaintiff's motion for leave to amend, Plaintiff's proposed amended complaint did not address the defects that the Court found in the prior complaints, and otherwise did not state any valid claim against Defendant. Plaintiff argues that the Court should have granted her leave to amend, and suggests that reconsideration is appropriate, but has not filed any proper...

Excerpt: ...r 24, 2002, plaintiff Leire Funk aka Leire Ferro (“Plaintiff”) and her ex‐husband, Rick Funk, financed real property located at 172 French Court in San Jose, California (“Subject Property”). (Third Amended Complaint [“TAC”] at ¶ 17.) As evidence of the loan, Plaintiff executed a promissory note (“Note”) and concurrently executed a Deed of Trust as security for the Note. (Ibid.) The Deed of Trust for the Subject Property was rec...

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 16, 2018, the Court sustained the demurrer by defendant Alamillo Rebar, Inc. (“Alamillo”) to the fifth cause of action for negligent infliction of emotional distress of the first amended complaint. On January 29, 2018, plaintiffs Irma Vargas, individually and as representative of the Es...

Excerpt: ... do not consider points raised for the first time on reply for due process reasons. (See In re Tiffany Y. (1990) 223 Cal.App.3d 298, 302‐303 [“ ‘The general rule is that points raised in a reply brief for the first time will not be considered unless good cause is shown for the failure to present them before' [Citations.]”]; see also Reichardt v. Hoffman (1997) 52 Cal.App.4th 754, 764; REO Broadcasting Consultants v. Martin (1999) 69 Cal.A...

Excerpt: ...ing rulings: The Court finds that by the evidence presented in support of the motion Plaintiff met its initial burden to demonstrate each of the required elements for the cause of action and entitlement to judgment on that cause of action. As Defendant did not file any opposition to the motion, Defendant has failed to meet her burden to show any triable issue of fact. Accordingly, the motion for summary judgment on the Complaint is GRANTED. Plain...

Excerpt: ...ll claims handling policy and/or procedure manuals, and all other DOCUMENTS, emails, bulletins, or other WRITINGS relating to policies or procedures relating to the handling of claims for liability coverage under liability insurance policies issued by NACIC.” In its response, NACIC objected, on the grounds that the information sought was protected by the attorney client privilege, the attorney work product doctrine, trade secret, and that the r...

Excerpt: ... First, this claim is suspect, because if multiple objections to the subpoena by non‐parties were served before the motion to quash was filed, certainly the initial moving papers would have addressed this issue (and it appears that Defendant Jennifer Morgan controls each of these entities, as she signed all but one of the objections). More importantly, the Court will not consider evidence or new arguments first made in reply papers, and courts ...

Excerpt: ...��). According to the operative first amended complaint (“FAC”), Plaintiff purchased a 2011 BMW 550i vehicle (the “Vehicle”) manufactured and/or distributed by Defendants. (FAC, ¶ 8.) In connection with this purchase, Plaintiff received an express written warranty providing that Defendants would repair the Vehicle in the event it developed a defect during the warranty period. (Id., ¶ 9.) When the warranty period was in effect, the Vehic...

Excerpt: ... 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 4.1, 4.2, 7.1, 7.2, 7.3, 12.1, 12.2, 12.3, 12.4, 12.5, 12.6, 12.7, 13.1, 13.2, 14.1, 14.2, 15.1, 16.1, 16.2, 16.3, 16.6, 16.10, 17.1, 20.1, 20.2, 20.3, 20.4, 20.5, 20.6, 20.7, 20.8, 20.9, 20.10, 20.11, special interrogatories (“SIs”) numbers 1‐45, and requests for production of documents (“RPDs”) numbers 1‐23. On October 2, 2017, defendant Union Pacific Railroad Company (“UPRR”) provided verifie...

Excerpt: ...to insure against losses resulting from, among other things, computer fraud and funds transfer fraud. In 2015, Plaintiff suffered a covered loss when someone sent emails impersonating its Chief Executive Officer and made phone calls impersonating its mergers‐and‐acquisitions attorney to request funds from its Chief Accounting Officer, who thereafter wired funds totaling $46,683,232 to foreign bank accounts. Plaintiff tendered a claim for this...

Excerpt: ...ed to see some detailed listing and proof of costs that are not filing fees. Where costs are discretionary in nature, and the claimed items are not expressly allowed by statute, the burden of proof on a motion to tax costs is on the party claiming them to show that the charges were reasonable and necessary. (Foothill‐De Anza v Emerich (2008) 158 Cal.App.4 th 11, 29; Ladas v California State Auto. Ass'n (1993) 19 Cal.App.4th 761, 774; See Ne...

Excerpt: ...r arranging the improvements to convert the existing space at the subject property so that it would be suitable for a daycare center. (See FAC, ¶ 10.) On September 12, 2012, Liu and Wu entered into a written contract with architect Susan Chen to design the improvements to convert the existing warehouse at the subject property to a daycare center of about 6,500 square feet, applying for a use permit, and preparing the supporting documentation, in...

Excerpt: ...Equinox vehicle (“Vehicle”), which was manufactured and/or distributed by Defendant. (FAC, ¶ 17.) In connection with the purchase, Plaintiff received an express warranty providing that Defendant would preserve or maintain the utility and performance of the Vehicle or provide compensation if there were a failure in those areas for a specific amount of time. (Id., ¶ 18.) During the warranty period, the Vehicle developed certain defects, inclu...