Excerpt: ... at the compounding pharmacy where she worked and that Pharmaca then terminated her shortly before her medical leave expired in retaliation and without engaging in an interactive process. Sewak asserts causes of action against Pharmaca and Stahl for: (1) negligence (against Stahl); (2) disability‐based discrimination (against Pharmaca); (3) failure to provide reasonable accommodation (against Pharmaca); (4) failure to engage in interactive proc...

Excerpt: ...ney fees of a total of $32,726.51, which includes $27,202.50 for the initial Anti‐SLAPP motion; $1,890 to prepare the motion for attorney fees, $1,339.01 for costs, plus an additional $2,295 to oppose the motion for reconsideration. Paragon argues that the amount sought is patently unreasonable, and that the entire amount should be denied, claiming that fees may be reduced or rejected outright if the Court concludes that the request is “unrea...

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 April 19, 2019, Plaintiff mail served a set of requests for production of documents (“RPDs”) on Defendant. Also that day, Plaintiff's counsel submitted a “meet and confer letter” regarding ESI. On May 1, 2019, Defendant responded to the ESI ...

Excerpt: ...ed 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. Plaintiffs contacte...

Excerpt: ...1 million. (Ibid.) He also obtained a supplemental loan of $250,000 for the project. (Id. at ¶ 7.) The supplemental loan was secured by his principal residence in Morgan Hill (“Residence”), though he thought it was secured by the Bautista Property. (Ibid.) From 2002 to 2009, Plaintiff made all payments on the Bautista Property loans, including the supplemental loan, which was included with the payment he made on the original loan. (TAC, ¶ 8...

Excerpt: ...) When the metering light turned green, giving her the right of way, Plaintiff proceeded onto the freeway on‐ramp. (Ibid.) In doing so, she was suddenly rear‐ended by a large commercial vehicle owned by Joel Trader (“Trader”). (Ibid.) At the time, the truck was visibly‐branded as a commercial vehicle for Trader's business, Precision Concrete Pumping. (Ibid.) The operator of the truck was Robert Vaurs (“Vaurs”) who, at the time, was ...

Excerpt: ...the order to be recorded to allow Plaintiffs more time to file a writ, which the Court granted to July 17, 2019. It does not appear that Plaintiffs ever filed any petition for writ of mandate. On July 26, 2019, the Court issued its final order to expunge the lis pendens, and issued its order denying the motion for reconsideration. Defendant filed and served his motion for attorney fees on August 8, 2019. Plaintiff filed a request to continue a di...

Excerpt: ...vid Orozco (“Estate”), Matilde Orozco (“Matilde”), Natalie Orozco (“Natalie”), Andrew Orozco (“Andrew”), and Thomas Maduena (“Maduena”) (collectively, “Plaintiffs”) filed a complaint against defendants Sunbelt and Avina (collectively, “Defendants”) asserting causes of action for negligence and survival action— wrongful death. On May 31, 2019, Estate, Matilde and Maduena served subpoenas on Verizon and AT&T, Sunbelt's...

Excerpt: ...rty in Morgan Hill. (Complaint, ¶ 1.) The Chellinos and C&C own an adjacent property where they store equipment for their landscaping business and perform work including grading and drainage. (Id. at ¶ 3.) C&C negligently performed grading and construction on the property and at a nearby creek without permission, creating an unsafe floodwater hazard. (Id. at ¶ 8.) As a result, the creek drained toward and into Plaintiff's property and residenc...

Excerpt: ...and a detached three car garage for $270,000. (See SAC, ¶¶ 3, 19‐20.) On May 8, 2018, Defendant breached the contract by unilaterally voiding the contract and demanding that Plaintiff accept a new contract with different and unconscionable terms. (See SAC, ¶ 21.) Defendant refused to provide any payment despite completion of the work performed. (See SAC, ¶¶ 22‐23.) Plaintiff asserts that he has been damaged in excess of $135,000. (See SA...

Excerpt: ...a, Washington. (TAC, ¶ 17.) Plaintiff and Husband purchased property in Newport, Washington and Banner issued home equity lines of credit (“HELOC”), secured by the property. (Id. at ¶ ¶177, 179, 180.) The loans was sought by Husband, who caused a third person to fraudulently notarize the bank documents. (Id. at ¶ ¶ 179, 181.) The lines of credit exceeded the value of the property, and Plaintiff was unaware of their existence. (Id. at ¶�...

Excerpt: ...shine I. L.P. (“Evershine”) owns commercial property in Santa Clara County. (Id. at ¶ 2.) Defendants Wayne Okubo (“Okubo”) and Annie Chan (“Chan”) are agents of Evershine. (Id. at ¶¶ 4‐5.) Defendants Evershine, Okubo, and Chan are collectively known as “Defendants.”7 On July 31, 2006, Plaintiff entered into a contract with Defendants to lease 19770 Stevens Creek Boulevard in Cupertino, California. (Complaint at ¶ 11.) The sp...

Excerpt: ...rs from arguments made in the Anti‐SLAPP motion. The Court will allow the tardy filing Paragon objects to consideration of the opposition to the motion because it was not timely filed. Admittedly, the opposition filed on October 7, 2019 was not filed the full nine court days required. However, the Court will exercise its discretion to consider the late opposition as TFLG established good cause that it did not know of the motion because the serv...

Excerpt: ...Plaintiffs requested entry of default; however, default was not entered because Defendant filed an answer. Plaintiffs move to strike the answer on the ground that it is not drawn or filed in conformity with the laws of this state because Defendant, as a corporation, may not represent itself and must be represented by an attorney, and also because Defendant is a suspended corporation. In opposition, an entity identifying itself as “Legal Propert...

Excerpt: ...here Ebadat is employed as a nurse practitioner. (FAC, ¶ ¶ 3, 4.) During the appointment, Plaintiff's son John Doe “performed an act” on his sister that led Ebadat to call Child Protective Services (“CPS”) to report John Doe for abuse and Plaintiff for neglect. (Id. at ¶ 4.) She also documented the encounter in Jane Doe's medical chart. (Ibid.) Furthermore, Ebadat did not document Plaintiff's concerns regarding the children's father wh...

Excerpt: ...njuries. (Third Amended Complaint [“TAC”] at ¶GN‐1; see also TAC at ¶IT‐1.) Defendant Target's personnel intentionally profiled and confronted Plaintiff because of her race and gender. (Id. at ¶IT‐1.) Defendant Target thereafter kicked Plaintiff out of the store and banned her from returning to shop at the store. (Ibid.) In addition, defendant Target improperly trained store security and store management as a means to deny Plaintiff ...

Excerpt: ...t St. Mary's Medical Center Hospital in Palm Beach, Florida. Dr. Black's defamation action against CNN is currently pending in a Florida trial court. In defending against Dr. Black's claim of reputational harm, CNN seeks to disprove his allegation that he was “‘one of North America's preeminent pediatric cardiothoracic surgeons….'” (Mem. of Pts. & Auth. at p. 2:21–22, quoting Black's Compl., ¶¶ 20, 199.) And so, CNN sought records fro...

Excerpt: ...Spine and Neurosurgery Institute (“Plaintiff”) in order to alleviate pain caused by a herniated lumbar disc of the spine. (See FAC, ¶ 14.) 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...

Excerpt: ...ect for 8 months. (See 4AC, ¶ 11.) On December 6, 2006, the builder notified Deer Crest regarding the price increase to complete the project, but Deer Crest denied the price increase request and terminated the builder, hiring a different contractor. (Id.) On February 2, 2011, Deer Crest sued GP for breach of the written guaranty. (See 4AC, ¶ 12.) GP moved for summary judgment on the ground that the action was barred by the statute of limitation...

Excerpt: ...ces (“Plaintiff”). (Pl. Dec., ¶ ¶ 5, 7.) Defendants used the card for the purchase of goods and services, which, according to the cardmember agreement, constitutes acceptance of its terms. (Id. at ¶ 7, Exhibit A.) Accordingly, they agreed to pay Plaintiff for all charges made on the account plus applicable interest either in total, or to at least make a monthly minimum payment calculated according to the terms. (Id. at Exhibit A.) Plaintif...

Excerpt: ...d 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 Gawald...

Excerpt: ...cted him about a long‐ term assignment as a Vulnerability Mitigation Risk Manager position. (Id. at ¶ 16.) Ali was also approached by Cuong Nguyen (“Nguyen”), a Security Manager/Director from defendant Synaptics, Inc. (“Synaptics”), who was looking to find a Cybersecurity Compliance Expert. (Id. at ¶ 17.) During an interview, Nguyen assured Ali the position was full‐time for a long term project. (Id. at ¶¶ 26, 35, 36, 41, 48, 51.)...

Excerpt: ...began verbally assaulting Plaintiff because of her gender and sexual orientation. (Ibid.) For example, he said he would not drive a district vehicle with a “gay” logo, but told Plaintiff it was okay for her to do so because she is a “lesbo.” (Ibid.) He subsequently asked her about whether she ever went to a sex shop to buy a dildo, and stated she should “try the real thing.” (Ibid.) Furthermore, following a mass shooting in Orlando, F...

Excerpt: ...dered by the Court where other court orders have not been followed, it is not proper to dismiss or impose a default sanction because the party has not paid sanctions previously ordered. (Newland v. Sup.Ct. (Sugasawara) (1995) 40 Cal.App.4th 608, 615—“a terminating sanction issued solely because of a failure to pay a monetary discovery sanction is never justified”.) Monetary sanctions ordered during discovery is enforceable through execution...

Excerpt: ...phy. (See FAC, ¶ 14.) Cohen represented that the oral delivery of a small molecule, “NU 106” or “HD 106”, coupled with a non‐ invasive cell‐based biomarker PBMC assay that could demonstrate the efficacy of the treatment would expedite FDA approval for the treatment. (See FAC, ¶ 14.) Cohen represented that, based on past progress, the FDA would approve the treatment for clinical trials by Q2 2016. (See FAC, ¶ 15.) Cohen stated that ...

Excerpt: ...lleging causes of action for breach of contract, common counts, and account stated. Cerda filed a cross‐complaint against the Law Office, pleading claims for: (1) professional negligence, (2) breach of fiduciary duties, and (3) breach of contract1 . As alleged in the cross‐complaint, Cerda retained the Law Office to represent him in a contentious divorce involving many issues over the division of property. (Cross‐Comp., ¶ 12.) In particula...

Excerpt: ...ctors. (Complaint, ¶ 1.) HFC was founded by Plaintiff and her husband, S. Leonard Kirchick (“SLK”). (Id. at ¶ 7.) Defendant Alan Kirchick (“Alan”5 ) is also a 50% shareholder of record for HFC and one of two directors for the Company. (Id. at ¶ 2.) Defendant AMK Insurance Agency (“AMK”), owned by defendant Alan, is a California Corporation with its principal place of business in San Jose, California. (Id. at ¶¶ 3, 8.) SLK also wo...

Excerpt: ... up by defendant Pelio & Associates, Inc. (“Pelio”), for the express purpose of owning the complex, including the subject property. (See FAC, ¶¶ 20‐23.) LDJ and Pelio, of which defendant Jon Shank (“Shank”) (collectively, with LDJ and Pelio, “Defendants”) is each the owner, fail to abide by corporate formalities, and share the assets of each other such that they and Shank are the alter egos of each other. (See FAC, ¶¶ 23‐27.) ...

Excerpt: ...May 2006, Plaintiffs obtained $612,500 in financing secured by the Property, executing a Promissory Note and Deed of Trust in favor of World Savings Bank, F.S.B. (Id. at ¶ 8.) The loan payment included an escrow payment designed to pay taxes and insurance on the Property. (Ibid.) Defendant Wells Fargo Bank, N.A. (“Wells Fargo”) is the current owner of Plaintiffs' loan and beneficiary of the Deed of Trust securing the mortgage loan. (Id. at �...

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: ...outs. (See complaint, ¶ 10.) In November 2008, Guinto arranged an overnight weekend camping trip for Pack 220 and obtained “parent proxies” from Plaintiff's mother and another boy, “John Doe,” to permit him to act as their legal guardian. (See complaint, ¶ 11.) One evening during this trip, Plaintiff woke up in his tent to witness Guinto molesting and/or impermissibly touching John Doe's genitals. (See complaint, ¶ 12.) Further, during...

Excerpt: ...(Compl., ¶ 11.) Plaintiff alleges Defendants misclassified him as an independent contractor and failed to pay all of his wages. (Compl., ¶¶ 12‐14.) When Defendants first hired Plaintiff, they paid him $10,000 a month and a commission of 30 percent of their gross profits for each project. (Compl., ¶ 13.) In October 2015, Plaintiff began earning $10,000 a month plus a commission of 10 percent of the net profits per project. (Compl., ¶ 13.) P...

Excerpt: ...aid that he might be called to testify if the Plaintiff forgot something. Unsatisfied with this response, Defense counsel cancelled the deposition. No motion for protective order has been filed. This motion seeks the cost of the court reporter, the interpreter, the attorney time to prepare for the deposition, attorney travel to the deposition site, and attorney time to prepare for the deposition, all in the amount of just over $3,110. Although th...

Excerpt: ...y 2006, Plaintiffs obtained $612,500 in financing secured by the Property, executing a Promissory Note and Deed of Trust in favor of World Savings Bank, F.S.B. (Id. at ¶ 8.) The loan payment included an escrow payment designed to pay taxes and insurance on the Property. (Ibid.) Defendant Wells Fargo Bank, N.A. (“Wells Fargo”) is the current owner of Plaintiffs' loan and beneficiary of the Deed of Trust securing the mortgage loan. (Id. at ¶ ...

Excerpt: ...dded for out of country service). The motion to compel responses to Form Interrogatories is GRANTED in part and DENIED in part. The Court finds Incident based form interrogatories to be inappropriate in the context of this case, involving complex business transactions and multiple causes of action. (See California Practice Guide, Civil Procedure Before Trial, §8:933.8, “Objections to certain Official Form Interrogatories are likely to be susta...

Excerpt: ...e Microsemi Defendants' motion for attorney fees on May 18, 2018, and Defendant Van de Hey's motion for attorney fees issued on May 22, 2018. Even if the motions are timely, Plaintiff does not present new or different facts, circumstances, or law First, it appears the Plaintiff's motions for reconsideration are not timely, but even if the motions for reconsideration are timely, Plaintiff does not present any new or different facts, circumstances,...

Excerpt: ...subdivide the parcels with the condition that, among others, the owner “[c]onnect the existing residence, cottage and proposed residence to the existing sanitary sewer system prior to final inspection….” (See FAC, ¶ 9, exh. C.) A sewer line was installed on defendant Sonja Wilkerson's (“Defendant”) property, where the existing residence and cottage were connected. (See FAC, ¶ 9.) A “stub out” was provided on plaintiff 12389 Stoneb...

Excerpt: ...��3, 6‐7.) Defendants have engaged in numerous activities constituting nuisances and/or violating the conditions, covenants and restrictions (“CC&Rs”) for their subdivision. (Id. at ¶¶ 10‐21.) Among other things, they regularly allow their property to be occupied by more than fifteen adults, dump trash on their neighbors' lots, park cars on the lawn of their property, and conduct activities resulting in excessive noise. (Id. at ¶ 9.) S...

Excerpt: ...or seeking default and default judgment are so numerous that the Court will not detail all of them. A judge may enter a default judgment against a defendant only if the plaintiff has precisely followed certain procedures that ensure that the defendant received sufficient notice of the pending action to make an informed choice as to whether to defend or ignore the plaintiff's claims. (Fasuyi v Permatex, Inc. (2008) 167 Cal.App.4th 681, 691.) T...

Excerpt: ...n was required. No further activity occurred in the case, until Plaintiff's motion filed on July 25, 2017 seeking to “vacate notice of settlement and set case for trial.” As noted by the Court in denying the motion at the hearing on September 12, 2017: Motion to vacate notice of settlement is DENIED without prejudice. Based on the stipulation of the parties, the case was dismissed at the request of Plaintiff with jurisdiction retained under C...

Excerpt: ...missioner. (Id. at ¶ 3.) On September 21, 2017, the Labor Commissioner Hearing Officer rendered an Order, Decision or Award of the Labor Commissioner. (Id. at ¶ 4.) On November 22, 2017, Mish‐ra filed and served its Notice of Appeal and Notice of Undertaking with Superior Court for Labor Commissioner Case No. 12‐ 99669 CO. (Id. at ¶ 5.) On December 19, 2017, Mish‐ra filed the operative Cross‐Complaint alleging causes of action for: (1)...

Excerpt: ...n, wherein Defendants could lease back the subject property, provided they allowed reasonable access to the property for Plaintiff to make improvements to the property. Plaintiff alleges that Defendants failed to disclose the existence of shared water service, a fire suppression system that was not up to code, and removal of circuit breakers. Plaintiff additionally alleges Defendants' failure to allow reasonable access to the property. In May 201...

Excerpt: ...ctric issued a Hazard Notice regarding the water heater, noting that no natural gas conversion had been made. (See FAC, ¶ 11, exh. B.) On September 6, 2016, Defendant issued a 60 day notice of termination of tenancy. (See FAC, ¶ 12, exh. C.) Defendant prosecuted an unlawful detainer action, Richard Peterson v. Virginia Galik, et al. (Super. Ct. Santa Clara County, 2016, Case No. 2016‐1‐CV‐302622). (See FAC, ¶ 13.) On the day of the Decem...

Excerpt: ...ocedure, done endoscopically. (First Amended Complaint [“FAC”] at ¶ 14.) After being cleared for surgery, Kessler underwent a right carpal tunnel release procedure with the use of a Manos Device at defendant Spine and Sports Surgery Center (“Surgery Center”). (Id. at ¶ 15.) Prior to surgery, Dr. Yeh allegedly failed to disclose to Kessler that: (1) he was going to use the Manos Device; and (2) he was an investor in the Manos Device and ...

Excerpt: ...facts to allow the Court to conclude that he would be able to amend his complaint to state a viable claim, or to support any argument that the demurrer was not properly sustained. By virtue of the demurrer filed by Defendant that challenged Plaintiff's complaint, it was not reasonable for Plaintiff to expect a settlement and then fail to oppose the demurrer and choose not to appear at the hearing. Moreover, Defendant presented evidence that it co...

Excerpt: ...�), Acuity Ventures II, LLC (“Ventures II”), Eric Hardgrave (“Hardgrave”), and Larry Hootnick (“Hootnick”).1 Plaintiffs allege AMC, a general partner of the Partnership, as well as Ventures I and Ventures II were formed for the purpose of early‐stage investment in technology companies. They claim Hardgrave defrauded them into investing in these venture funds and that he and Hootnick thereafter mismanaged the funds throughout their o...

Excerpt: ...and exchanged confidential communications” subject to an oral joint defense agreement as part of a regulatory action, and that oral agreement was breached by the Lunardis and GCI, resulting in damage to Swallow. (See FAXC, ¶¶ 33, 82‐84.) In response to discovery seeking persons with knowledge of the alleged breach, Swallow identified his attorney, Allen Ruby. (See Harrington decl. in opposition to motion to quash, ¶ 2.) On February 21, 201...

Excerpt: ...d the day before, and the plywood platform upon which Decedent stood collapsed, resulting in Decedent's multi‐story fall and subsequent death. (See SAC, ¶¶ 18, 20.) On January 17, 2018, the Court sustained the demurrer by defendants Level 10 Construction L.P. (“L10 Construction”), Level 10 Management, Inc. (“L10 Management”) and Level 10 Investments LLC (“L10 Investments”) (collectively, “Level 10 defendants”) to the fifth cau...

Excerpt: ...cedent”) was participating in a Metabolics class at defendant Achievement Fitness, LLC (“Achievement”), taught by Achievement trainer and co‐owner defendant Denise Riesenhuber (“Denise”). 1 (Complaint, ¶ 7.) In the middle of class, Decedent collapsed, lied flat on her back, motionless, unconscious, not breathing or breathing with agonal respiration, not speaking, and with eyes neither moving nor focused. (Id., ¶ 10.) After seeing th...

Excerpt: ... the plywood platform upon which Decedent stood collapsed, resulting in Decedent's multi‐story fall and subsequent death. (See SAC, ¶¶ 18, 20.) On January 29, 2018, plaintiffs Irma Vargas, individually and as representative of the Estate of Jose Luis Delgado Lopez and as successor in interest to Decedent, Sebastian Delgado‐Vargas, Monserrat Delgado‐Vargas, and Samantha DelgadoVargas by and through Irma Vargas as guardian ad litem (collect...