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: ... 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: ...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: ...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: ... 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: ...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: ...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: ...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: ...“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: ... “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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ... 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: ... 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: ... 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: ...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...