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