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: ...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: ...� 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: ... 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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ... 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: ... 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: ...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: ...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 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: ...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: ...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 ...

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...