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: ...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: ...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: ...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: ...� 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: ...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: ...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: ...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: ... 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...