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: ...”) 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: ... 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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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....