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