Excerpt: ...while working in the construction of a building at 222 North Wolfe Street in Sunnyvale. (See SAC, ¶ 3.) The general contractor was defendant Level 10 Construction L.P. (“Level 10 Construction”), and had the responsibility and duty to ensure all other contractors and subcontractors performed their work in safe and satisfactory manner, consistent with industry standards and all OSHA and CALOSHA safety regulations and standards. (See SAC, ¶ 11...

Excerpt: ...Plaintiffs first commenced an action against Storer on April 6, 2017, several months after the fatal collision. (Case No. 17CV308243.) In 2018, Plaintiffs decided they wanted to name the City and the District as defendants, but had not presented these public entities with an administrative claim. Acknowledging that their deadline for doing so was July 3, 2017, Plaintiffs applied to the District and the City to present a late claim in August 2018....

Excerpt: ...tive Services (“CPS”) reports, school complaints, as well as allegations of child abuse and domestic violence. (Ibid.) As a result Defendants wrongfully obtained a restraining order against Plaintiff which has prevented him from working or passing a background check. (Complaint, p. 3.) Based on the foregoing, Plaintiff filed the complaint alleging causes of action for (1) malicious prosecution; (2) intentional infliction of emotional distress...

Excerpt: ...� 1.) He entered into contracts with United for employment as a Veterinarian, Associate Veterinarian, Hospital Medical Director, and Development Director. (Id. at ¶ 14.) He was subsequently voted onto the Board of Directors of United. (Ibid.) During Plaintiff's employment, Shirey and Moore engaged in conduct contrary to United's interests which led to tension between them and Plaintiff. (SAC, ¶ 20.) Likewise, Shirey and Moore attempted to under...

Excerpt: ...and into an uncovered, unguarded floor opening. (See Second Amended Complaint [“SAC”], first cause of action, ¶ GN‐1.) Plaintiff was injured on the site while performing work for his employer, West Coast Architectural Sheet Metal. (See Defendant Pyramid Painting, Inc.'s [“Pyramid”] Separate Statement of Undisputed Facts at No. 3.) Plaintiff alleges defendants negligently constructed, maintained, inspected, managed, supervised and/or co...

Excerpt: ... necessary and physician‐ordered services to the respective patients, and charged the reasonable value of services provided. (See SAC, ¶¶ 19, 28, 37, 45.) Two of the patients did not identify any health care coverage when they presented themselves to DMC, and DMC then registered them as uninsured; however, DMC later discovered that the patients were covered through Valley Health Plan, a public health plan operated by and through defendant Cou...

Excerpt: ...��RiverBank”). 1 Although Plaintiff's allegations lack clarity, the theme of her pleading is that her husband, with the help of Kucera and his company JayKay and with the participation of entities such as RiverBank, arrogated to himself community assets in which Plaintiff had an interest. For example, Plaintiff and her husband were the majority shareholders of defendant Pantrol. (Third Amended Complaint (“TAC”), ¶ 56.) In 2009, Plaintiff's...

Excerpt: .../or opposing party's attorney.” By order dated July 8, 2019, the Court ordered Plaintiff to serve responses to Form Interrogatories, Set One, Special Interrogatories, Set One, Request for Production of Documents, Set One, with responses to be served within twenty days after Defendants had served notice of entry of the order. The order also deemed requests for admissions admitted. The order was served by Defendants on July 15, 2019, but no respo...

Excerpt: ...at in the event of a defect with the vehicle, it would be repaired. (See FAC, ¶ 7.) During the warranty period, the vehicle contained or developed defects relating to the steering system, the steering rack bushings, the steering gear, the power steering pump, acceleration, the sun roof drain, the front toe, the illumination of the tire low light, the amounts of pressures on brakes required to stop the vehicle, the front end of the vehicle, the d...

Excerpt: ...n of Ohannes Atanian. (Complaint, Attmnt. BC‐2 at 6.) Ohannes executed an agreement with Plaintiff on behalf of Kimberly through power of attorney and as trustee of her special needs trust. (Ibid.) He paid Plaintiff using the bank accounts of the trusts. Plaintiff also provided care to Ohannes pursuant to a similar agreement. (Complaint, Attmnt. BC‐2 at 9.) Shortly thereafter, Ohannes revised his various trusts and appointed Trustee. (Ibid.) ...

Excerpt: ... Raymond Baez.1 As to the listed defendants, the complaint names “HarmTheriault,” “GroupXII Prop LP,” “Midland Funding,” and “John Fernando Valencia.” (Complaint, ¶ 5.) There are no allegations regarding any Doe defendants. (See complaint, ¶ 6.) In the complaint's allegations regarding the damages claimed for wrongful death and the relationships of plaintiff to the deceased are “RAYMOND BAEZ SIBLING, TERESA BAEZ MOTHER[,] DAVI...

Excerpt: ...stead, in a space for identifying any unlisted or “other” cause of action asserted and attached, Plaintiff states: “CIVIL EXTORTION OF $1,000 ACTUAL PAYMENT TO RETURN PROPERTY WITH HOME MOVIES DEFENDENT [sic] THREATENED TO RELEASE UNLESS THE PLANTIFF [sic] PAID HER $ 10,000 OR MORE STATING ‘PAY ME OR I GO TO THE POLICE[.]'” (Compl. at p. 3.) Next, Plaintiff checked boxes identifying his damages as wage loss, loss of use of property, gen...

Excerpt: ...d Nazim Ali (self‐represented) (“Ali”). On April 3, 2017, Ali applied for the following positions with Cisco: (1) 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 qualificat...

Excerpt: ...View”), and others 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...

Excerpt: ...aint 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 lawsuit, has been assigned...

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: ... The Account allows Plaintiff's website to appear on Google searches when prospective clients seek an attorney. (Ibid.) The Account was suspended after Doe misrepresented to Google that Plaintiff's website is fraudulent, misleading and contrary to Google's code of conduct. (Id. at ¶¶ 4, 5.) Consequently, Plaintiff's business has suffered decrease in visibility and lost revenues. (Id. at ¶ 6.) As a result of the foregoing, Plaintiff brings the ...

Excerpt: ...tive Services (“CPS”) reports, school complaints, as well as allegations of child abuse and domestic violence. (Ibid.) As a result Defendants wrongfully obtained a restraining order against Plaintiff which has prevented him from working or passing a background check. (Complaint, p. 3.) Based on the foregoing, Plaintiff filed the complaint alleging causes of action for (1) malicious prosecution; (2) intentional infliction of emotional distress...

Excerpt: ...their home. Best Build, in turn, hired subcontractor Lopez. Plaintiffs allege Best Build and its subcontractors, including Lopez, did not carry out the construction project in accordance with the specifications in the contract and with due care. Plaintiffs assert a cause of action against Best Build for breach of contract and a second cause of action against Best Build and all of its subcontractors, including Lopez, for negligence. Lopez argues t...

Excerpt: ... were parties to a Fee for Service Hospital Agreement (the “Contract”). (Id. at ¶ 7.) Pursuant to the Contract, should it terminate while Defendant's members were undergoing medical treatment with Plaintiff, Plaintiff was obliged to continue to care for these members, for payment at the Contract rates, until Defendant arranged for alternative services. (Id. at ¶ 8.) The Contract terminated effective January 2016, and Plaintiff became an “...

Excerpt: ...a cause of action. (See Code Civ. Proc., § 430.10, subd. (e).) In general, “a complaint must contain ‘[a] statement of the facts constituting the cause of action, in ordinary and concise language.'” (Davaloo v. State Farm Insurance Co. (2005) 135 Cal.App.4th 409, 415, quoting Code Civ. Proc., § 425.10, subd. (a)(1).) “This factpleading requirement obligates the plaintiff to allege ultimate facts that as a whole apprise[ ] the adversary ...

Excerpt: ... May 4, 2017, BE filed in the instant action, a motion to stay proceedings pending related proceedings in the Ontario court. On June 5, 2017, GI filed its opposition to the motion to stay. On May 8, 2017, GI filed a motion to dismiss or stay the Ontario action on the basis of forum non conveniens and a lack of personal jurisdiction over it. On June 20, 2017, the Court [Hon. Stoelker] granted BE's motion to stay the California proceedings, stating...

Excerpt: ... 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 (collectively, �...

Excerpt: ...survived her. Plaintiffs first commenced an action against Storer on April 6, 2017, several months after the fatal collision. (Case No. 17CV308243.) In 2018, Plaintiffs seemingly decided they wanted to name the City and the District as defendants, but had not presented these public entities with an administrative claim. Acknowledging that their deadline for doing so was July 3, 2017, Plaintiffs applied to the District and the City to present a la...

Excerpt: ...nd into an uncovered, unguarded floor opening. (See Second Amended Complaint [“SAC”], first cause of action, ¶ GN‐1.) Plaintiff was injured on the site while performing work for his employer, West Coast Architectural Sheet Metal. (See Defendant Joseph J. Albanese, Inc.'s [“JJA”] Separate Statement of Undisputed Facts at No. 2.) Plaintiff alleges JJA and other defendants negligently constructed, maintained, inspected, managed, supervise...

Excerpt: ... motion was continued due to Defendants' arguments first made in reply papers, including a reply declaration of David Koehler, claiming that his failure to initial the arbitration clause was “simply an oversight or clerical error.” In California, “the party seeking arbitration bears the burden of proving the existence of an arbitration agreement by a preponderance of the evidence, and the party opposing arbitration bears the burden of provi...

Excerpt: ...o Walmart. (See evidence cited by separate statement of undisputed material facts, no. (“UMF”) 1.) An addendum to the agreement was executed on May 20, 2014, and pursuant to the addendum, Unified agreed to provide “one (1) outside facility security guard” from 10 am (10:00) until 12 midnight (24:00), seven days a week. (See UMFs 2‐3.) Unified determined the scheduling of its employees, and Walmart paid a contractual rate to Unified for ...

Excerpt: ...daughter.” (Complaint, ¶ 12.) The listed plaintiff is David Baez and the listed “attorney” on the complaint is “Raymond Baez Pro Se 99500.” On the Case Management Conference statement filed on May 24, 2019, similarly, “Raymond Baez Pro Se 99500” is listed as the attorney for plaintiff David James Baez. Here, the statement states “David James Baez was found dead on apartment floor, related unlawful detainr [sic] case… cash stole...

Excerpt: ...de secret disclosure on July 5, 2019. Even though this should have mooted the motion which sought nothing more than an initial trade secret disclosure, on August 7, 2019, Defendant filed what it described as an “amended” motion to compel, without court approval, and that was nothing more than a declaration without any supporting memoranda. Plaintiff asked to continue the hearing so it could obtain and file an expert declaration, which the Cou...

Excerpt: ...Recorder, stating that the deed of trust was assigned to Bank of America, National Association, successor by merger to LaSalle Bank NA as trustee for WaMu Mortgage Pass‐Through Certificates Series 2007‐OA6 Trust. (See complaint, exh. B.) On April 19, 2018, a grant deed was recorded with the Santa Clara County Recorder, granting Plaintiff's interest in the property to himself and Edward J. Perales (“Perales”) as tenants in common. (See Def...

Excerpt: ...otiated an oral agreement between Jyotish and Eclipse whereby Jyotish would provide “sales and business development activities” and build a sales team in exchange for the title “head of sales,” a 10‐percent interest in Eclipse, 11‐percent commission on gross sales, and “all amounts received over…the baseline markup on sales he made.”1 (FAC at p. 3.) Plaintiffs allege that subsequently, on June 5, 2018, Eclipse “put in writing�...

Excerpt: ...ourt entered a judgment for dissolution on November 30, 2010. (Id. at ¶ 12.) On June 24, 2009, Plaintiff filed a civil action against Stratton for sexual battery (case no. 2009‐1‐CV‐145620). (SAC at ¶ 11.) Plaintiff did not prevail in the civil action or subsequent appeal of that case. (Id. at ¶ 13.) On April 21, 2011, Stratton filed a malicious prosecution action against Plaintiff (case no. 2011‐1‐CV‐199490). (Id. at ¶ 14.) Plain...

Excerpt: ... Arts (“SVDA”) and had danced on behalf of SVDA at Sobrato High School approximately 2 – 3 times each year. (FAC, ¶7.) During the 2014‐15 and 2015 – 2016 school years, plaintiff Jane Doe 3 was a student at Sobrato High School. (FAC, ¶8.) During that time, defendant Kevin Cole (“Cole”) sexually abused, molested, harassed, and/or assaulted plaintiff Jane Doe 3 on school grounds, many times in front of school staff. (Id.) Defendant C...

Excerpt: ...e filed. The motion for attorney fees is DENIED. The Court finds that the contract language in question provides for an award of attorney fees only to a prevailing party in an arbitration, and does not apply to litigation before any arbitration was commenced. As no arbitration ever happened, Respondent is not entitled to attorney fees. This action commenced with a petition to compel arbitration filed in 2014, initially denied in 2015, went up on ...

Excerpt: ... customize and resell fiber‐optic thermal sensors and nondispersive infrared sensors to the ten companies specified in their value‐added reseller agreement (the “Agreement”). Lumasense purportedly reverse engineered and misappropriated Plaintiff's trade secrets in the process. Plaintiff asserts causes of action against Lumasense for: (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) intentional...

Excerpt: ...seeking relief from the requirement of posting a bond or undertaking has the burden of proof to show entitlement to such relief. (C.C.P. § 995.240.) There is no abuse of discretion in a court's refusal to waive appeal bond where no showing of indigency or unsuccessful attempt to obtain bond is made by the presentation of admissible evidence. (See Williams v. Freedomcard, Inc. (2004) 123 Cal.App.4th 609, 614‐615.) Defendant has presented no evi...

Excerpt: ...redit Management, Inc. (“MCM”) in its collection and enforcement activities.1 (Id. at ¶ 4.) On October 2, 2013, Midland filed a collection action against Melanie Barr (“Ms. Barr”) in Santa Clara County Superior Court (case no. 2013‐1‐CV‐254015). (Complaint at ¶ 15.) Midland allegedly purchased a defaulted credit card agreement from Wells Fargo Bank. (Id. at ¶ 16.) Midland sued Ms. Barr for the total amount of $20,112.67. (Ibid.) ...

Excerpt: ...or owner of record unless the requirements of Section 405.22 are met for that party or owner and a proof of service in the form and content specified in Section 1013a has been recorded with the notice of pendency of action.” (CCP § 405.23.) The Court finds that Plaintiff did not comply with this service and notice requirement. Certainly Plaintiff knew that Paul Greenfield was adverse, as he was the first named defendant in the original complai...

Excerpt: ...e project lasted for only three months. And so, he commenced this action against Ventrum and asserts causes of action against it for: (1) intentional misrepresentation; (2) intentional interference with prospective economic advantage; (3) negligent misrepresentation; and (4) promissory estoppel. Currently before the Court is Ventrum's demurrer to the complaint. Plaintiff opposes the demurrer and filed a request for judicial notice in support. Ven...

Excerpt: ...�Lee”), their attorney, participated in this attempted ouster. Plaintiff asserts causes of action against his brother, his brother's company ITutorGroup, Inc. (“ITG”), and Lee for: (1) breach of fiduciary duty (against his brother); (2) breach of fiduciary duty (against Lee); (3) defamation (against his brother and Lee); (4) civil extortion (against all defendants); and (5) intentional infliction of emotional distress (against his brother a...

Excerpt: ... was obligated to compensate Mr. Boerlin, the insured, for losses resulting from the fire. Mr. Boerlin thereafter opened a claim with State Farm and received $43,619.93 in payments for damage to the truck, rental car costs and the deductible. (See Defendant Ford Motor Company's [“Ford”] Separate Statement of Undisputed Facts at No. 1 [Issue A].) After paying Mr. Boerlin, State Farm filed this subrogation action seeking $43,619.93 in damages a...

Excerpt: ...erships”). (See complaint, ¶¶ 6, 19.) The lone members of PAV JAM are plaintiff Julie A. Pavlina San Giorgio (“Plaintiff”) and Stephen J. Pavlina, Jr. (“Stephen”), who each hold a 50% ownership interest. (See complaint, ¶ 19.) Stephen is the manager for PAV JAM. (See complaint, ¶ 20.) During and as a result of Stephen's management of limited partnership asset The Remington Grove Apartments, Stephen, PAV JAM, Jam Limited Partnership ...

Excerpt: ...ained a phlebotomist state license, the prerequisite for admission to the Medical Laboratory Technician (“MLT”) program. (See Third Amended Complaint [“TAC”] at ¶ 20.) Plaintiff thereafter enrolled in the MLT program at De Anza College. (Ibid.) After Plaintiff started the program, defendant Patricia Buchner (“Buchner”) notified him that he needed to complete an “externship” at a clinical agency in order to graduate from the progr...

Excerpt: ...ent Quixey hired the candidate it located. In August 2016, Quixey hired CWT's candidate as CEO. Despite this successful placement, Quixey never paid CWT. Roughly six months later, Quixey decided to cease operations and sell its assets. Its management replaced CWT's successfully‐placed CEO with defendant Michael Hogan (“Hogan”). Additionally, Quixey hired defendants Armanino, LLP and the Brenner Group, LLC to help wind up its business. Plain...

Excerpt: ... day of each month, Defendant was required to pay $2,550 to Plaintiff; however, as of February 28, 2019, Defendant has not paid rent totaling $7,846.81. (See complaint, ¶¶ V‐VI.) On February 5, 2019, Plaintiff served Defendant with a written notice stating the amount of rent past due, and requiring Defendant to pay the whole thereof or deliver possession of the premises within three days. (See complaint, ¶ VII, exh. B.) More than three days ...

Excerpt: ...“might be relevant” to establish that Plaintiff's “primary objective is to harass the company and pursue his employment claims against the company.” Defendant argues that if the numbers do not belong to Plaintiff as he testified, that he cannot assert a privacy interest, or that if they do belong to him, he has perjured himself. Defendant is rather cavalier about the privacy rights of third party who are not involved in this litigation. T...

Excerpt: ...“Devcon”) was the entity providing general contracting services to perform fireproof patching. (See complaint, ¶ 11.) Defendants negligently left cords and plastic in the hallway, causing Plaintiff to fall and sustain injury to his wrist. (See complaint, ¶ 25.) On November 6, 2017, Plaintiff filed a complaint against Devcon asserting a single cause of action for negligence. On May 1, 2018, Plaintiff added Redwood Electric Group (“REG”) ...

Excerpt: ...he Court: “The court shall direct that the party prevailing on any motion under this chapter be awarded the reasonable attorney's fees and costs of making or opposing the motion unless the court finds that the other party acted with substantial justification or that other circumstances make the imposition of attorney's fees and costs unjust.” [Emphasis added.] The standard is essentially the same as that applied to attorney fee reques...

Excerpt: ... “City”). Homeowners then filed a crosscomplaint against the City and Manager for indemnity and contribution. Currently before the Court is the City's motion for summary judgment of Plaintiff's premises‐liability action and Homeowners' cross‐action, which is accompanied by a request for judicial notice. II. Legal Standard A defendant or cross‐defendant may move for summary judgment on the ground an action has no merit. (Code Civ. Proc.,...

Excerpt: ...fendants in connection with the underlying action. (See TAC, ¶ 3.) Granum orally accepted and consented to the assignment. (Id.) In March 2018, “for tactical reasons,” GP determined to pursue herein on its own behalf the claims against the defendants that had previously been assigned to Granum. (Id.) GP orally revoked the assignment and Granum orally accepted and consented to the revocation of the assignment, and as a result, in March 2018, ...

Excerpt: ...o his back, knees, and right shoulder. On April 3, 2018, Plaintiff filed a First Amended Complaint against defendants alleging a single claim for negligence. On October 17, 2018, defendant Milpitas Mills Limited Partnership (“Defendant”) filed a motion to compel responses to form interrogatories (“FI”), special interrogatories (“SI”), and request for production of documents (“RPD”) because Plaintiff did not serve timely discovery ...

Excerpt: ...vilege and work‐product doctrine. The documents—mostly emails—were primarily authored or received by attorney Denelle Dixon who served as a point person for the negotiation and termination of the contract at issue. Yahoo! asserts that Ms. Dixon provided business advice, not legal advice, such that the documents withheld are not protected and must be produced. Mozilla disputes Yahoo!'s position on Ms. Dixon's role and the nature of the docum...

Excerpt: ...services and facilities provided by defendant Aspromonte Inns, LLC (“Aspromonte”) who operates the Seaway Inn (“Hotel”) located in Santa Cruz. (Complaint, ¶17.) The Hotel is a place of public accommodation. (Id.) Defendant Aspromonte maintains its reservation service, including but not limited to, a website which provides access to the array of services, including descriptions of its hotel, rooms, and services, the ability to make room r...

Excerpt: ...nd/or distributed by defendant Kia Motors America, Inc. (“Kia”). (Complaint, ¶6.) In connection with the purchase, plaintiff Morales received an express written warranty which, among other things, covers the Theta 2.0 liter and 2.4 liter direct injection engines (“2.0L and/or 2.4L GDI Engine”) and transmission. (Complaint, ¶7.) During the warranty period, the Subject Vehicle contained or developed defects which substantially impair the ...

Excerpt: ...8‐569262 With Case No. CGC‐17‐562223 GRANTED and case No. CGC‐17‐562223 shall be the lead case. Because the two actions pending before this court involve common questions of law and fact, they are consolidated for all purposes pursuant to Code Civ. Proc., § 1048. Both actions concern defendant Swanrock's installation of solar panels on the roof of plaintiff Katherine Roberts' building and the damage Ms. Roberts suffered as a re...

Excerpt: ...and irrevocable, save upon such grounds as exist for the revocation of any contract.” (Cal. Code Civ. Proc., § 1281.) “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the c...

Excerpt: ... party owning 50,000 shares of common stock such that they were equal shareholders. (See complaint, ¶ 13.) Plaintiff and Defendant appointed themselves to the Board of Directors and Defendant served as the chairman, president and secretary. (Id.) Plaintiff was named as the treasurer; however, Defendant managed all corporate finances while Plaintiff focused on the floor production to meet corporate obligations to its customers. (See complaint, ¶...

Excerpt: ... 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. (Complaint at ¶ B.1.) 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 Plaintiffs; an...

Excerpt: ...mendments extending the agreement were also made on September 15, 2014 and November 7, 2014. On March 14, 2016, Stanford terminated Plaintiff. On March 22, 2016, Plaintiff signed a release of all claims, acknowledging his termination as of March 14, 2016. Plaintiff alleges that his contract required Stanford to pay Plaintiff the amounts owed under the remaining years of his contract, except those amounts offset by his earnings from other sources ...

Excerpt: ...Alexander Sabug (collectively, “the Sabugs”) in the principal amount of $328,000. (First Amended Complaint [“FAC”] at ¶¶ 16, 102.) The indebtedness was owed to Online Financial Group, a Nevada Corporation as payee. (Id. at ¶ 16.) The indebtedness under the note was secured by a Deed of Trust recorded against real property located at 4014 Shanj Court in San Jose, California (“Subject Property”). (Id. at ¶¶ 1, 16.) In February 2009...

Excerpt: ...Story Road's intersection with Remillard Court, resulting in injuries to plaintiffs James Du, Kim T. Le and Katy N. Le (collectively, “Plaintiffs”). (See separate statement of undisputed material facts, no. (“UMF”) 1.) On June 20, 2017, Plaintiffs filed a complaint asserting a single cause of action against defendant City for motor vehicle negligence. Defendant moves for summary judgment, contending that Guerrero was not negligent in his ...

Excerpt: ... Davidovits & Co., Inc. and Edward A. Davidovits (collectively, “EAD”) entered into multiple contracts with defendants SKW San Jose LLC, SKW Capital Management LLC, and Sid Weiner (collectively, “SKW”) for architectural, engineering, construction and other services related to real property. (Complaint at ¶¶ 9‐ 20.) Such contracts include the Design Build Agreement, Put and Call Option Agreement, Agreement for Construction Services, an...

Excerpt: ...arnard”).4 Plaintiff immigrated to the United States from Lebanon in 1988 and identifies as a Lebanese‐American and Muslim‐American. (Compl., ¶ 13.) The City hired Plaintiff in 1996 and placed him on patrol duty after he graduated from the police academy the following year. (Compl., ¶ 14.) After the September 11, 2001, attack on the World Trade Center, Plaintiff began experiencing harassment based on his race, national origin, and religio...

Excerpt: ...t agreed to lease a commercial property located at 3553 North First Street in San Jose (the “Property”) to Le Holdings and Le Technology (collectively, “Tenants”). (Fourth Amended Complaint (“FAC”), ¶ 21.) When the parties first executed their 10‐year lease, Tenants paid monthly rent of $193,826.25. (FAC, ¶ 21.) In March 2017, the rent increased to $199,856.40. (FAC, ¶ 21.) Tenants have not paid rent and related maintenance expen...

Excerpt: ...June 9, 2017, fifty percent of Garden City's shares were owned by Swallow and fifty percent were owned by Peter and Jeanine Lunardi (collectively “the Lunardis”). (Ibid.) On April 13, 2015, following several months of discussions and negotiations, Park and Swallow entered into a stock purchase agreement, whereby Swallow agreed to sell his shares in Garden City to Park for a total purchase price of $55 million (the “Stock Purchase Agreement�...

Excerpt: ...and Trisynergy Community Management, Inc. (collectively “Defendants”). As alleged in the Complaint, around September 2006, Ortiz was admitted to Amberwood Gardens, a 24‐hour skilled nursing facility owned and/or operated by Defendants. (Complaint, ¶¶ 2‐4, 8, 10, 22, 33.) Ortiz suffered from a number of medical conditions that made her particularly susceptible to falls and injuries, including mental health and addiction issues, breathing...

Excerpt: ...ign and/or manufacture, causing damage to the vehicle. As a result, Plaintiff paid the Insured $25,637.61 under its policy of insurance and became subrogated to the rights of the Insured for that amount. Plaintiff asserts the following causes of action against Defendant for subrogation recovery: (1) strict liability in tort; (2) breach of warranty; (3) negligence; and (4) failure to warn. Defendant, a Delaware corporation, moves to quash service ...

Excerpt: ...ry Institute (“Plaintiff”) in order to alleviate pain caused by a herniated lumbar disc of the spine. (See complaint, ¶ 12.) On June 22, 2018, Plaintiff contacted Blue Cross to verify Patient's eligibility for benefits, and the Blue Cross agent expressly or impliedly assured Plaintiff that Defendants carried the financial responsibility to pay for Patient's anticipated medical care at the reasonable and customary value for such care and not ...

Excerpt: ...ity or performance of the vehicle, or to provide compensation if there was a 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. On May 16, 2018, Plaintiff propounded a second set of requests for production of documents (“RPDs”) on BMW, to which BMW provided responses on June 20, 201...

Excerpt: ... was first set for hearing on February 7, 2019 and continued by the Court in order for the Defendants to submit supplemental evidence to support the hourly rates charged and the reasonableness of the time spent. Defendants submitted supplemental evidence on February 13, 2019 as ordered. Code of Civil Procedure section 425.16(c)(1) contains a mandatory fee provision for prevailing defendants: that is, except in circumstances not applicable here, �...

Excerpt: ... authorities submitted by the Defendants, the Court makes the following rulings: The Court finds that by the evidence presented in support of the motion Defendants met their initial burden to demonstrate there is no triable issue of material fact as to essential elements of Plaintiff's claim, and entitlement to judgment on the complaint. In particular, Defendants provided expert testimony to the effect that the conduct of the Defendants did not f...

Excerpt: ... this motion. Moreover, the motion is not timely, as it was not filed within 45 days from service of the objection to the inspection demand, or at a minimum 45 days from the claimed refusal to allow the inspection, in August of 2018. (See CCP 2031.310(b)(2); 2016.040.) Defendants' motion for “sanctions” is also DENIED, for multiple reasons. Code of Civil Procedure, § 2023.040 states: “A request for a sanction shall, in the notice of motion...

Excerpt: ...Plaintiff relied, namely: Plaintiff “did not need to worry… that his pre‐marital property in the house after his departure was being damaged or sold or disposed of… because the Court would see to it that his property in the house was secured and safe”; “a Court order she generated would allow him to move back into the residence on July 1, 2011 after an inspection by the personal property arbitrator to verify that his personal premarit...

Excerpt: ... On or about October 26, 2016, Poore hit a pallet containing large and heavy items while he was operating a forklift. As a result, a tire nearly fell on Plaintiff, who then admonished Poore to be more careful in operating the forklift. After Plaintiff turned away, Poore approached him from behind, wrapped his arm around his neck, and began choking him. Plaintiff lost consciousness and fell to the ground. When he regained consciousness, he was on ...

Excerpt: ...and Trisynergy Community Management, Inc. (collectively “Defendants”). As alleged in the Complaint, around September 2006, Ortiz was admitted to Amberwood Gardens, a 24‐hour skilled nursing facility owned and/or operated by Defendants. (Complaint, ¶¶ 2‐4, 8, 10, 22, 33.) Ortiz suffered from a number of medical conditions that made her particularly susceptible to falls and injuries, including mental health and addiction issues, breathing...

Excerpt: ...Ravi Dronamraju (“Dronamraju”) (collectively, “Defendants”). After a series of demurrers, on June 26, 2017, Plaintiffs filed a third amended complaint (“TAC”). On October 5, 2018, Red Dot filed a cross‐complaint (“XC”) against Buckel and Chalet. The XC alleges that Red Dot is the owner of the property at 140 Alley Way, purchasing the property from Jokipii on July 1, 2015. (See XC, ¶ 8.) Jokipii entered into a tenancy agreement ...

Excerpt: ...y based on the assumption the marriage would take place. (Id. at ¶ 8.) In accordance with Hindu custom, the jewelry given was not a gift to the bride but was given to her for the express purpose of passing it on to the next generation. (Id. at ¶¶ 9‐10.) In September 2016, however, Chunduri moved out of the apartment she had moved into with Suri, the marriage did not take place, and they never had any children together. (Id. at ¶¶ 7, 9.) Su...

Excerpt: ...ords relating to an automobile financing transaction; recover or maintain possession of a 2015 Toyota Sienna; compel issuance of a release of lien; and enjoin any efforts to repossess the vehicle. (Complaint at ¶ B.1.) 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 Plaintiffs; a...

Excerpt: ...nty. (Complaint at ¶ 1.) Immediately to the north of the subject gas meter was a parking lot for an adjacent 7‐Eleven, Inc. (“7‐ Eleven”) convenience store. (Id. at ¶ 23.) Between the gas meter and the boundary of the parking lot there were only 10 feet or so of empty space. (Ibid.) The 7‐Eleven parking lot itself had only a small parking curb and no other structure or enclosure existed along its southern boundary so as to stop or slo...

Excerpt: ... shall not engage in abusive conduct towards Plaintiff's employees and agents, unreasonably interfere with Plaintiff's management of the community, make changes to the apartment without Plaintiff's prior written consent, or keep more than two pets in the home. (Id., Exh. 2, 2a.) The agreement further provided Plaintiff with the right to terminate the lease upon Defendant's failure to comply with any terms of the lease. (Id., Exh. 1h.) Defendant v...

Excerpt: ...n Pipelines, Inc. (“Preston”) on a primary pedestrian promenade at San Jose City College, with no spotter or flagger. (See FAC, ¶ 9.) Preston was hired by the San Jose Evergreen Community College District (“District”) pursuant to a July 9, 2013 agreement. (See FAC, ¶ 10.) Preston performed excavation work to replace and relocate pipelines. (Id.) During its excavation work, Preston transferred fill material using the front loader from on...

Excerpt: ...rking at Eat Club in February 2017, she learned of many wage‐and‐hour violations and reported these violations to the company's management. (Compl., ¶ 12.) In December 2017, Eat Club hired Tran to overhaul its employment policies and practices. (Compl., ¶¶ 13–18.) By March 2018, Tran had developed orientation and separation processes, an employee handbook, and performance review procedures, but she continued to receive pushback from exec...

Excerpt: ...ver concluded that she was authorized to accept service. (See CCP sec. 2020.220((b)(2).) Somebody at the company later identified Mr. Miller as the PMQ. Mr. Miller refused to agree to attend in the first instance, and would not agree to continue the date. The parties then agreed (without AABC's or Mr. Miller's consent) to continue the date of the deposition to November 8, 2018. Defendant mailed a copy of a revised deposition subpoena, now address...

Excerpt: ...application. (CCP §§ 484.040, 1005(a)(1), (b).) As there were two court holidays in February, the application was served by electronic service exactly 16 court days before the hearing. Electronic service extends the necessary time for service by an additional two days (CCP §1010.6(a)(4)(b)), and the notice of the hearing was insufficient. A judge may order the issuance of a writ of attachment only if the claim has probable validity (CCP § 484...

Excerpt: ... complaint (“FAC”), ¶¶ 6‐7.) During the warranty period, the vehicle developed defects relating to the vehicle's transmission, power on acceleration, 3‐5 reverse housing and piston, transmission control module, case gasket and seals, pump seals, axle seals, engine, spark plugs, coil pack assembly, the engine control module, accelerator pedal, cooling system, water pump, water pump gasket and thermostat, axle, axle shaft, axle shaft bolt...

Excerpt: ...en to support any of their objections, which were waived in any event, and objections except for attorney client privilege are OVERRULED. The motion to compel further written responses has merit, and is GRANTED. As the responses were late, Defendants are correct that objections were waived, except for attorney client communications. Plaintiffs Randall Shuler and Stackspeed, Inc. shall serve full and complete code‐compliant written responses to ...

Excerpt: ...of service and letters.” That document contains medical records and another letter to the Court. The Court will treat these letters as oppositions to the demurrer.1 The purpose of a demurrer is for the Court to consider whether Plaintiff has filed a complaint that includes sufficient facts to support a claim against the Defendant. Defendant's request for judicial notice is GRANTED. In the original complaint, Plaintiff indicates that he seeks $1...

Excerpt: ... son. (Id. at ¶ 12.) On December 4, 2015, this cousin passed away in an untimely death and Fitch gifted the Vehicle to Nickerson out of the estate of her son. (Ibid.) On January 13, 2016, Nickerson registered title to the Vehicle in his name and, since then, he has exclusively possessed it and has invested significant time and money into restoring it. (Id. at ¶¶ 12‐13.) Two years later, on March 7, 2018, Nickerson received a demand letter fr...

Excerpt: ..., confidante, companion, homemaker, housekeeper, cook, social‐companion[,] and advisor.” (Compl., ¶ 6.) In exchange, Defendant agreed to support Plaintiff financially. (Compl., ¶ 6.) They agreed to share equally the property acquired through Defendant's labor and skill, including their mobile home and several businesses. (Compl., ¶¶ 6–7.) They also agreed to divide their property equally if their relationship ended. (Compl., ¶ 6.) Defe...

Excerpt: ...e to her. Plaintiff argues that Defendants tried to “hide” the evidence in question. After it was produced a year ago, Plaintiff have since claimed that the videotape has been altered, because the videotape is “in slow motion” and there appear to be gaps which Plaintiff claims is evidence the videotape has been altered. As Defendants have stated, the videotape was found in the possession of a third party security vendor and was produced a...

Excerpt: ... also was made a minority shareholder. (See cross‐complaint (“XC”), ¶¶ 11‐13.) Chou is not a licensed accountant and thus could not conduct audits for clients on her own. (See XC, ¶ 14.) Wang had informed Chou on numerous occasions that if an audit was requested, Chou was required to contact Wang so she could manage the audit. (See XC, ¶ 14.) Despite these instructions, in 2012, Chou secretly conducted an audit for a client on her own...

Excerpt: ...fert (“Wolfert”) (collectively “Defendants”).4 As alleged in the fourth amended complaint (“4AC”), Ian's mother, Betty, resided at Magdalene, a residential care facility located at 994 Sobrato Drive, Campbell, CA. (4AC, ¶¶ 8, 15.) Magdalene was licensed by the state of California and owned, operated, managed, and supervised by Fe and Francisco. (Id. at ¶ 11.) Wolfert owned the premises on which Magdalene operated and acted as its u...

Excerpt: ...e president and chief executive officer while Defendant Kristine would be the chief financial officer and secretary. They agreed Defendants would contribute $1,000,000 in exchange for 49% of AHG shares and JinPing would contribute $1,000,000 for the remaining 51%. None of the shareholders would be paid a working salary. AHG was thereafter incorporated and registered in California. JinPing contributed $1,000,000 as agreed into a business account t...

Excerpt: ...struck and injured by a golf cart driven by Simard, an employee of AGC. (Complaint at p. 5.) The Complaint alleges a cause of action against Defendants for motor vehicle negligence and a cause of action against Simard for general negligence. Currently before the Court is AGC's motion for summary judgment or, in the alternative, summary adjudication. Plaintiff opposes the motion and submits written evidentiary objections in support. II. Legal Stan...

Excerpt: ...n 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 area of Plaintiff for a spine surgery to be performed by Plaint...

Excerpt: ...f regarding the Plaza's current status and financial value. For instance, Tammy Pham, Tony Ninh, and Kim Pham represented that the Plaza had been appraised for $11 million and was more than 80% leased. (Id. at ¶ 23.) Furthermore, Son Nguyen, Hai Guyen, Tammy Pham, and Kim Pham represented the Plaza would be worth about 30% more than $11 million after construction was completed. (Id. at ¶¶ 25, 45, 54.) Finally, someone provided Plaintiff with a...

Excerpt: ...ntiff prepared an agreement during the divorce proceedings entitled “Personal Conduct Contract” that provided, in part: 4. Personal Conduct Provisions: The parties agree to be bound by the following personal conduct terms: a. For duration of this contract Ronald shall stay at least 300 yards away from Ruth, Ruth's home and Ruth's place of employment. For the duration of this contract Ronald shall not contact or attempt to contact Ruth by any ...

Excerpt: .... As alleged in the Complaint, the defendants made misrepresentations or omissions in disclosures and inspection reports provided to Plaintiffs before they purchased the Property. (Complaint, ¶¶ 12‐19.) These reports included a misleading termite report supplied by Antique in January 2016. (Id. at ¶¶ 12‐13.) Based on these misrepresentations, Plaintiffs bought a house that had many issues, including toxic mold and faulty construction. (Id...

Excerpt: ... 6– 7.) They agreed Restivo would not compete with Transportation Solutions for seven years following the sale and would, in exchange, receive limousine services at a discounted rate. (Compl., ¶¶ 6–7.) Restivo claims Brown and Transportation Solutions (collectively, “Defendants”) failed to provide him with discounted limousine services as promised. (Compl., ¶ 7.) He alleges that because he could obtain up to $5,000 worth of limousine s...

Excerpt: ...d Cross‐Complaint [SAXC] at ¶ 1.1 ) Cross‐Defendant TriQuint WJ, Inc. (“TriQuint”) is successor in interest to WJ Communications, Inc., which in turn was successor in interest to Watkins‐Johnson Company (“Watkins‐Johnson”), a California corporation with its principal place of business in Palo Alto, California. (Id. at ¶ 2.) In August 2014, plaintiff Continental Insurance Company (“Continental”) filed the underlying action ag...