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: ...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: ...� 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: ...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: ... 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: .../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: ...��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: ...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: ...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: ...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: ...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: ... 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: ...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: ... 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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ... 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: ...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: ...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: ..., 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: ...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: ...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...

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: .... 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: ...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 ...