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: ...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: ...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: ...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: ...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: ...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: ...��), 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: ... 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: ...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: ...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...