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