Excerpt: ...cuments met the standards for sealing pursuant to the California Rules of Court, Rule 2.550. The Court indicated that the documents submitted by the Plaintiff were to remain conditionally under seal, but that additional information was needed to support the current motion. The Court further indicated that Judge Yew's Jan. 26, 2015 Order would be sealed as it met the requisite requirements for sealing. The matter was continued to June 30, 2019 for...

Excerpt: .... Yuan. In general, a self‐represented litigant may not be served by email without express consent to electronic service filed with the Court, with an email address included. Moreover, a proof of service by electronic means must include the following information: “(b) Proof of electronic service shall include all of the following: (1) The electronic service address and the residence or business address of the person making the electronic serv...

Excerpt: ... 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 Jeanine Lunardi (co...

Excerpt: ...quor store, Gene's Liquors. (Id.) Unbeknownst to Plaintiff, Quan and defendant Annie Trinh (“Annie”) took title to the business in their names only. (Id.) In February 2001, as part of the partnership, Quan and Plaintiff decided to purchase Fu Lam Mum Restaurant. (See complaint, ¶ 8.) Again, however, Quan had taken title to the property in his name only, unbeknownst to Plaintiff. (Id.) In 2001, as a part of the partnership, Quan and Plaintiff...

Excerpt: ...a”) and one of his companies, Ocean View Drive, Inc. (“Defendant”) in case number 19CV342187. The cases were consolidated on June 11, 2019, with matter 17CV317221 as the lead case.6 According to the allegations of the complaint, Plaintiff leased a commercial property to Le in March of 2016, for a term of 10 years. (Complaint, ¶ 27.) Le has failed to pay rent since September of 2017, or any penalties associated with the default, and to date...

Excerpt: ...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, but actively concealed them. Plaintiff alleges Kia never successfully repaired this and other defects in her vehicle and did not, thereafter, offer to pay her restitution. Consequently, Plaintiff ...

Excerpt: ...ns for loan modification. According to the allegations of the first amended complaint (“FAC”), Plaintiff sought modification of a home loan that originated in 2006 with Countrywide Home Loans Inc. (“Countrywide”). (FAC, ¶ 21.) The modification was granted but Plaintiff canceled it because the terms were “falsely represented.” (FAC, ¶ 33.) He subsequently sought modifications from Countrywide's successor, Bank of America and other fi...

Excerpt: ...signed non‐solicitation and non‐ competition agreements, Taresh and Amar agreed to form the company but have all shares issued in their wives' names, Swapnil Anand (“Swapnil”) and Taproop Virk (“Taproop”), respectively. (See FAC, ¶ 11.) Taproop paid $35,000 and Amar began working for Company for a 49% interest in Company. (See FAC, ¶ 12.) In March 2009, Amar realized that they did not have any paperwork demonstrating the interest in...

Excerpt: ...d inquire 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. 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 Plaintiff; and states there ...

Excerpt: ...a”) and one of his companies, Ocean View Drive, Inc. (“Defendant”) in case number 19CV342187. The cases were consolidated on June 11, 2019, with matter 17CV317221 as the lead case.1 According to the allegations of the complaint, Plaintiff leased a commercial property to Le in March of 2016, for a term of 10 years. (Complaint, ¶ 27.) Le has failed to pay rent since September of 2017, or any penalties associated with the default, and to date...

Excerpt: ...f promised to provide Defendant with the services detailed in the accompanying statement of work (“SOW”) over a period of 14 weeks. (FAC, ¶ 10.) The Agreement required Defendant to pay invoices within 15 days, while the SOW stated payment was due immediately upon receipt. (FAC, ¶¶ 11–13.) Plaintiff was authorized to suspend its performance and terminate the agreement upon Defendant's failure to timely pay for services rendered. (FAC, ¶ ...

Excerpt: ...censed in the State of California and the owner of defendant SAC Attorneys LLP, a limited liability partnership (collectively, “Defendants”). (Id. at ¶¶ 2‐3.) Defendants had previously represented an entity known as Chuangjia International Co. dba as TX Trading (“TX Trading”). (Id. at ¶ 5.) TX Trading is jointly owned by Jack Xu (“Xu”) and Shu Teng (“Teng”) as husband and wife. (Ibid.) On May 31, 2016, on behalf of TX Trading...

Excerpt: ...t represented Mariana Soto Hughes in the probate case. (See complaint, ¶ 3.) On January 31, 2019, defendant Anthony F. Ventura (“Ventura”) of VHM sent a letter to Plaintiff stating that: As you know, this firm represents Mariana Soto Hughes in all matters related to the real property located at 678 N. 10th Street in San Jose, California (‘Property'). We are in receipt of the four hostile and threatening text messages that you sent to Maria...

Excerpt: ...ny and its successor Pacific Lodging Group (“Pacific”). (FAC, ¶¶ 4, 7.) Pacific operates a hotel in Bodega Bay. (FAC, ¶ 3.) In or around 1985, Plaintiff's two corporations, Mosam Enterprises, Inc. and MM&H Investment, Inc. (“MM&H”), invested in Pacific and each received an ownership interest of 21.43%. (FAC, ¶¶ 13, 14.) In 2009, Plaintiff and Partner executed a sale and purchase agreement transferring MM&H's interest in Pacific to Pa...

Excerpt: ...details, including the rooms, offices, conference rooms, and the fact that it had a gym with shower rooms, lockers and locker rooms. (See FAC, ¶ 11.) Plaintiff Tiger Commercial, Inc. (“Plaintiff”) was not allowed to inspect the complex prior to providing a bid. (See FAC, ¶ 12.) Plaintiff won the bid and for the first time was able to view the complex on its start date. (See FAC, ¶¶ 13‐14.) For the first time, Plaintiff realized that the...

Excerpt: ... Security Technical Support Engineer; Hybrid Cloud Consultant; Security Consulting Systems/Sales Engineer; IT Auditor; Security and Compliance Analyst; and Corporate Systems Engineer. (Complaint, ¶¶ 9 & 36.) Despite the fact that Ali was qualified for the positions, Cisco did not hire him. (Id. at ¶¶ 6‐8, 10‐11, & 24.) Cisco allegedly discriminated against Ali because he is over forty years old, Muslim, and of Pakistani descent. (Id. at �...

Excerpt: ...��), and defendant Elizabeth J. Larson (“Elizabeth”) as tenants in common. (Id.) On or about May 2, 1990, Nancy, Diane, and defendant Lawrence K. Larson (“Lawrence”) purchased the Subject Property as joint tenants, each possessing an equal onethird beneficial ownership. (Complaint, ¶9.) On or about February 3, 2000, defendants Lawrence and Diane severed the joint tenancy by each transferring an undivided one percent interest to their mot...

Excerpt: ...tion because the statute of limitations defense was dispositive and Defendants did not need to present a second, gratuitous argument regarding modification. On September 14, 2018, a third amended complaint was filed, now listing Granum Partners (“GP”) as the plaintiff, and now alleging that “[i]n or about 2016, for tactical reasons plaintiff Granum Partners orally assigned to Robert M. Granum II individually (‘Robert Granum') any and all ...

Excerpt: ...ntiff) is at all times Herein mentioned in this Complaint, the owner, of the real property located at 320 Hawk Ridge Drive, Richmond, California in Contra Costa County (‘Subject Property').” Plaintiff claims that venue is proper in Santa Clara County because this County is allegedly where the contract was entered into, and that he lives here. However, Plaintiff ignores the rule that real property actions must be tried in the superior court in...

Excerpt: ... as painters. (See Pls.' separate statement of undisputed material facts, nos. (“UMFs”) 1‐5.) During their employment with Defendants, Plaintiffs were members of District Council 16, and thus subject to the terms of the collective bargaining agreements (“CBAs”) between the Northern California Painting and Finishing Contractors Association and District Council 16 labor union. (See UMFs 6‐9.) The CBAs expressly provided for: premium pay...

Excerpt: ... served as her superior. (Id. at ¶¶ 4‐6.) Beginning in October 2015, defendant Barrick began verbally assaulting Plaintiff because of her gender and sexual orientation. (Id. at ¶ 6.) For example, after Plaintiff was promoted from night custodian to a lead maintenance person, Barrick sarcastically commented “she's not gonna be able to make it” (because she's a woman). (Ibid.) Thereafter, on March 29, 2016, defendant Barrick told Plaintiff...

Excerpt: ...duction of documents (“RPDs”) on ITboons. On February 19, 2019, after agreeing to an extension to provide responses, ITboons provided responses. On March 8, 2019, counsel for Sun and UCTek, James Chadwick (“Chadwick”) sent a meet and confer letter, raising issues with regards to ITboons' and Garg's responses. On March 15, 2019, counsel for ITboons and Garg, Ethan Solove (“Solove”) responded, stating he was busy but would respond by Ma...

Excerpt: ...reholders. (See FAC, ¶ 6.) Plaintiff HongYing Dong (“Plaintiff”) is JinPing's wife and has been assigned his right to recover all legal entitlements of his regarding AHG, Inc., including the taking of all legal actions. (See FAC, ¶ 3.) On February 22, 2019, Plaintiff filed the FAC against defendants Shanko and Kris (collectively, “Defendants”), asserting causes of action for: 1) Fraudulent misrepresentation; 2) Fraudulent concealment; 3...

Excerpt: ...lon (“Plaintiff”) as a Laboratory Manager. (Ibid.) During her tenure with the company, Plaintiff handled diagnostic and research testing, technical support, and other regulatory matters relating to the manufacture, sale, and support of medical devices. (Ibid.) In 2014, Plaintiff discovered the qualifications, background, and experiences of a new Hologic Quality Engineer, Ricky Le (“Le”), did not appear to match the job description and dut...

Excerpt: ...details, including the rooms, offices, conference rooms, and the fact that it had a gym with shower rooms, lockers and locker rooms. (See FAC, ¶ 11.) Plaintiff Tiger Commercial, Inc. (“Plaintiff”) was not allowed to inspect the complex prior to providing a bid. (See FAC, ¶ 12.) Plaintiff won the bid and for the first time was able to view the complex on its start date. (See FAC, ¶¶ 13‐14.) For the first time, Plaintiff realized that the...

Excerpt: ...50 Paragon Dr. in San Jose. (See PXC, ¶¶ 1, 9.) Plaza was in the process of selling the Plaza building when plaintiffs Patanjali Bhatt and Jyoti Rau, trustees of the Bhatt Family Trust, U.D.T. dated February 21, 2008 (“Plaintiffs”), filed the underlying complaint. (See PXC, ¶ 10.) Plaza had a willing buyer and the parties had executed a letter of intent to sell the Plaza building for $6,075,000.00 on January 4, 2018. (Id.) On January 18, 2...

Excerpt: ... LLC (“BMW”) (collectively, “Defendants”). BMW provided express warranties by which it undertook to preserve or maintain the utility or performance of the vehicle, or to provide compensation if there was 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. The operative complaint ...

Excerpt: ...”) served that same evening, as had been promised, supplemental responses to those same interrogatories, and even though Defendant's counsel offered to extend the time to file the motion. The motion was moot even before it was filed, and the separate statement did not include the supplemental responses that were then at issue. The stated reason for Plaintiff to proceed with this motion is that Plaintiff's counsel did not believe Defense counsel...

Excerpt: ...tiff was a model employee having countless positive company and customer performance reviews. (Id. at ¶ 12.) As a result of his excellent work ethic, Monarch later promoted Plaintiff to be a “Body Shop Manager.” (Ibid.) On May 12, 2017, Plaintiff learned that his father was taken to the emergency room as he could not feel the lower half of his body. (Complaint at ¶ 13.) The subsequent operation on Plaintiff's father uncovered an underlying ...

Excerpt: ...nd their unborn child. (See FAC, ¶¶ 3, 5.) Plaintiffs' parents, Barbara and Lawrence Gawaldo (collectively, “parent defendants”) knew of his habitual drug use and his long‐standing predisposition for irresponsible, dangerous activity, and knew that Nicholas was intoxicated when they entrusted him with their vehicle. (See FAC, ¶¶ 3, 5.) On November 27, 2018, Plaintiffs filed the FAC against defendants Nicholas, Barbara and Lawrence Gawal...

Excerpt: ...published additional false statements, specifically identifying Plaintiff as improperly disbursing funds to another individual without Board approval. (See complaint, ¶ 6.) Subsequently, the Board president, Paul Fong, sent an email in response, correcting Defendant's assertions, and stating that Defendant's accusations were not true. (See complaint, ¶ 7.) Plaintiff requested a retraction of the accusations. (Id.) Instead, however, on September...

Excerpt: ...ntiff did not prevail in the civil action or subsequent appeal of that case. (Id. at p. 2:1‐2.) Stratton thereafter filed a malicious prosecution action against Plaintiff (Stratton v. Du Bois [Santa Clara County Case No. 2011‐1‐ CV‐ 199490]). (Id. at p. 2:3.) Plaintiff hired defendant and attorney Ismael Perez (“Perez”) to represent her in the malicious prosecution case. (FAC at pp. 4‐5, ¶¶ 2, 6‐8.) On April 20, 2016, defendant ...

Excerpt: ...d Amended Complaint (“TAC”), ¶ 56.) In 2009, Plaintiff's husband sold their shares to the company's CEO, defendant James Kucera, for $6,000,000. (TAC, ¶ 59.) Mr. Kucera financed a portion of the purchase price by executing a promissory note in favor of Plaintiff and her husband in the amount of $2,956,924 at an unspecified interest rate. (TAC, ¶ 59.) Plaintiff alleges her husband forged her signature on a novation of the promissory note th...

Excerpt: ...the Patels”). (See Pl.'s separate statement of undisputed material facts, nos. (“UMFs”) 1‐2.) The sale involved a seller carryback loan in the amount of $2,225,119.48. (See UMF 3.) BKD signed five promissory notes in 2002 in the amounts of $245,119.48, $400,000, $400,000, $590,000 and $590,000. (See UMF 4.) The Patels personally guaranteed the notes. (See UMF 5.) On March 22, 2002, the parties entered into a security agreement in which th...

Excerpt: ... 2003, Plaintiff executed a promissory note in the amount of $50,000 in favor of Katherine Brown (“Brown”). (Id. at ¶ 7.) Plaintiff thereafter executed a deed of trust in favor of Brown to secure the promissory note. (Id. at ¶ 8.) Since then the deed of trust has been assigned to various defendants without giving notice to Plaintiff. (Id. at ¶ 11.) The final assignment was recorded on November 14, 2011 to defendant Bayview Loan Servicing, ...

Excerpt: ...ff Nancy L. Roberts (“Nancy”) seeks to quiet title to a 49.5% interest in real property commonly known as 307 Hershner Drive in Los Gatos (“Subject Property”). (Complaint, ¶1.) The Property is jointly owned by plaintiff Nancy, defendant Diane M. Larson (“Diane”), and defendant Elizabeth J. Larson (“Elizabeth”) as tenants in common. (Id.) On or about May 2, 1990, Nancy, Diane, and defendant Lawrence K. Larson (“Lawrence”) purc...

Excerpt: ...ie Nava Fuller—then sold the stolen equipment to retailers and another individual, namely defendants the Starving Musician, Tap Tempo, Caveman Vintage Music, Inc., and Mark Chatfield. In the operative second amended complaint (“SAC”), Plaintiff asserts (among other claims) the fifth cause of action for negligence against Kong Yin Yiu, Simon Yiu, and Excel Property Management (collectively, “Defendants”) on the basis they negligently lef...

Excerpt: ...dge Terrace in Los Gatos, California (“Rahmani Property”). (Complaint at ¶ 7.) Defendant Robert Bower (“Bower”) is the owner of real property located at 16060 Greenridge Terrace (“Bower Property”). (Id. at ¶ 8.) The properties adjoin each other at the eastern boundary of Rahmani Property and the western boundary of Bower Property. (Id. at ¶ 9.) Himanshu and Darshana Vaishnav (collectively, the “Vaishnavs”) were prior owners of ...

Excerpt: ...City accepted Stronghold's bid and hired it as the general contractor to complete the renovations according to the City's preexisting building plans. When Stronghold commenced work on the project, it found a number of undisclosed conditions at the construction site—including asbestos—as well as deficiencies in the City's building plans. In some respects, the City's plans simply did not comply with legal requirements, including those for acces...

Excerpt: ...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 refusal. (SAC, ¶¶ 3–4.) ...

Excerpt: ...1, FR‐2, FR‐ 5, and CC‐1.) On March 13, 2017, a written 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 are...

Excerpt: ...llege the sidewalk that they were crossing was a dangerous condition of public property because it had “very dim and/or non‐functioning crosswalk lights” and “constituted a trap for the unwary” since “they activated the pedestrian signal and walked in the crosswalk which they were led to believe was safe.” (See FAC, ¶ Prem. L‐4.) On February 14, 2019, Plaintiffs filed the FAC against Yao and the City of Palo Alto (“City”), as...

Excerpt: ...imothy Kim, occupied the Subject Property. (Complaint, ¶9.) On or about August 15, 2018, plaintiff Park and defendant Nancy Kim agreed to extend the lease term for an additional six months. (Complaint, ¶10.) Defendant Nancy Kim gave her brother, Timothy Kim, power of attorney to enter into a written lease extension. (Id.) The rent increased to $3,750 per month and the lease expiration became April 30, 2019. (Id.) Defendant Timothy Kim signed th...

Excerpt: ...; (3) gender violence; and (4) intentional infliction of emotional distress. After Plaintiff came forward, a number of other women in the industry reached out to her and asserted they had been victims of similar assaults. And so, Plaintiff filed the first amended complaint (“FAC”) asserting the same causes of action against Defendant, but additionally alleging: After this lawsuit was filed, other women approached [Plaintiff] to share their ex...

Excerpt: ...in regards to the discrimination, harassment, hostile work environment, and retaliation that I have been subjected to because of my filing of complaints against them. On May 17, 2017, DFEH issued me a “Right to Sue” notice. I worked for [Defendant] from October 2001 through August 2015. In the outline attached to the complaint—which seems to be what Plaintiff perhaps submitted to DFEH—she states she began working for Defendant in 2001 and...

Excerpt: ...t's father, Alphonse Peters (“Peters”). (Ibid.) In 2000, Plaintiff and Defendant got married. (Complaint at ¶ 6.) The parties did not have a prenuptial agreement. (Ibid.) In 2004, the parties purchased the townhouse from Peters. (Id. at ¶ 7.) The down payment consisted of rental money the parties had paid to Peters from 1998 to 2004. (Ibid.) Both parties did not have the financial resources to buy the house themselves. (Id. at ¶ 8.) The pa...

Excerpt: ...thout leave to amend brought by Defendants Nationstar Mortgage LLC, NRZ Pass‐Through Trust V, U.S. Bank National Association as Trustee, Deutsche Bank Trust Company Americas as Trustee for RALI2002QS17 and Ocwen Loan Servicing, LLC, and has entered judgment in favor of those defendants. The issues posed by the present demurrer are consistent with and are addressed by the August 20, 2018 order granting the motion for judgment on the pleadings. T...

Excerpt: ...Association president, agreed that it was beneficial for the Alumni Association to become a formal California non‐profit organization and apply for tax exemption status under Section 501(c)(3) of the Internal Revenue Code. (See complaint, ¶ 5.) Plaintiff was tasked with preparing and filing the necessary papers for becoming a formal California non‐profit organization and applying for tax exempt status. (See complaint, ¶ 6.) On March 27, 201...

Excerpt: ...ortunately, the vehicle had multiple defects and after several attempts to repair the vehicle, Defendant was unable to repair it, and did not replace or repurchase it, prompting the instant action. On October 24, 2018, Plaintiff propounded a set of requests for production of documents (“RPDs”) on Defendant, to which Defendant provided responses on January 7, 2019. Apparently dissatisfied with Defendant's responses, and after meet and confer e...

Excerpt: ..., Inc. (“eGestalt”), a California corporation. (Second Amended Complaint [“SAC”] at ¶ 8.) In December 2012, the founders of eGestalt created a shell entity, eGestalt Technologies, a Delaware corporation (“eGestalt‐Del”). (Id. at ¶ 9.) All ownership interests in eGestalt were transferred to eGestalt‐Del in exchange for ownership interests in eGestalt‐Del. (Id. at ¶ 10.) In March 2015, eGestalt‐Del was renamed to Aegify, Inc....