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