Excerpt: ...nt”) which stated that any controversy arising out of or related to services rendered to Plaintiff during her admission to Vasona Creek would be determined exclusively by binding arbitration. Defendant contends that arbitration must be ordered because Plaintiff's claims for negligence, abuse/neglect of an elder adult and violation of the Patient's Bill of Rights fall within the scope of the Agreement signed by Plaintiff. In support of the Petit...

Excerpt: ...a claim for intentional interference with prospective economic advantage), and; (3) Breach of Contract (a commercial lease). The Complaint also has a checked box requesting punitive damages. As noted, Plaintiff is self‐ represented, which is sometimes referred to as appearing in propria persona. “[W]hen a litigant is appearing in propria persona, he is entitled to the same, but no greater, consideration than other litigants and attorneys. Fur...

Excerpt: ...assment/retaliation in violation of the FEHA. Plaintiff seeks punitive damages in relation to all four causes of action. The Complaint alleges that Plaintiff was hired by Intel on November 4, 2014 and was a vice president. He was terminated on August 18, 2020 when he was 51 years old. Prior to his termination Plaintiff had no record of discipline and had received positive performance reviews. The Complaint alleges that after the George Floyd prot...

Excerpt: ...ions: 4. Fraud 5. California Consumers Legal Remedies Act (Civ. Code §§ 1750 et seq.) 6. Strict and Negligent Products Liability 7. Medical Battery 8. Breach of Fiduciary Duty 9. Emergency Department Negligence 10. Abuse and Neglect in Violation of the Elderly and Dependent Adult Civil Protection Act (Welf. and Inst. Code §§ 15600 et seq.) 11. Negligent Medical Malpractice, including lack of informed consent 12. Negligent Infliction of Seriou...

Excerpt: .... In 2014, Plaintiff and her late husband entrusted two vintage collector vehicles with Defendant. (Complaint, ¶ 4.) The Complaint alleges that Defendant “promised to store, protect and safeguard the vehicles… has failed and refused in his promises and now refuses to either return the two vehicles described herein, or pay the fair market value of the vehicles.” (Id. at ¶ 9.) The following causes of action are alleged: 1. Conversion; 2. El...

Excerpt: ...ach being Plaintiff's termination); (2) Breach of the Implied Covenant of Good Faith and Fair Dealing (based on the same alleged breach, Plaintiff's termination); (3) Fraud (alleging at ¶¶75‐78 that Defendant's motto: “Don't be Evil” is an actionable misrepresentation that could be reasonably relied upon as an inducement to forgo other employment opportunities); (4) Intentional Misrepresentation (also alleging at ¶¶80‐84 that Defendan...

Excerpt: ...TAC, at ¶ 5.) Plaintiff met and consulted with Defendant to discuss Defendant's representation of Willie in July 2017. (Id. at ¶¶ 6‐9.) Plaintiff alleges that Defendant previously represented her and her family, resulting in Plaintiff's trust and reliance on Defendant to be fair and honest. (Id. at ¶ 6.) At the July 2017 meeting, Defendant knew or should have known that Plaintiff was vulnerable because she was 92 years old and in a distraug...

Excerpt: ...th Rule of Court 2.112, which states: “Each separately stated cause of action, count, or defense must specifically state: (1) Its number (e.g., ‘first cause of action'); (2) Its nature (e.g., ‘for fraud'); (3) The party asserting it if more than one party is represented on the pleading (e.g., ‘by plaintiff Jones'); and (4) The party or parties to whom it is directed (e.g., ‘against defendant Smith').” Failure to comply with Rule of Co...

Excerpt: ...entional Infliction of Emotional Distress (“IIED”). Defendant filed a demurrer to the second and third causes of action (NIED and IIED) on the ground of a failure to allege sufficient facts to establish a cause of action. With respect to the second cause of action, NIED, the Complaint failed to satisfy the contemporaneous requirement for a NIED claim. With respect to the third cause of action, IIED, Plaintiff failed to support her assertions ...

Excerpt: ...with Rule of Court 2.112, which states: “Each separately stated cause of action, count, or defense must specifically state: (1) Its number (e.g., ‘first cause of action'); (2) Its nature (e.g., ‘for fraud'); (3) The party asserting it if more than one party is represented on the pleading (e.g., ‘by plaintiff Jones'); and (4) The party or parties to whom it is directed (e.g., ‘against defendant Smith').” Failure to comply with Rule of ...

Excerpt: ... by filing the Complaint, the operative pleading. Defendant filed a motion for judgment on the pleadings (“JOP Motion”) as to the fourth cause of action for Harassment Because of Disability in Violation of California Government Code section 12940, subdivision (j) on August 26, 2022. Plaintiff opposed on November 30, 2022, and Defendant filed the reply on December 6, 2022. Plaintiff transferred to FedEx's San Jose, California facility in April...

Excerpt: ...loyee within the control group of Defendant On‐Site. Defendant further contends that disqualification is warranted because the former manager is also a current member and shareholder with Defendant Orchard City Holdings, Inc. In support of the instant motion, Defendant makes the following arguments: (1) Murphy must be disqualified because she not only communicated with a managing agent and member of Defendant, but she also represents that indiv...

Excerpt: ...th Rule of Court 2.112, which states: “Each separately stated cause of action, count, or defense must specifically state: (1) Its number (e.g., ‘first cause of action'); (2) Its nature (e.g., ‘for fraud'); (3) The party asserting it if more than one party is represented on the pleading (e.g., ‘by plaintiff Jones'); and (4) The party or parties to whom it is directed (e.g., ‘against defendant Smith').” Failure to comply with Rule of Co...

Excerpt: ...ed Dr. Lee on July 13, 2020, the same day the operative First Amended Complaint (“FAC”) was filed. The FAC names PAFMG as a defendant. The FAC states a single cause of action for “Negligence – Medical Negligence.” The FAC alleges (at ¶¶5‐13) that on May 8, 2018 Plaintiff presented to Defendants and that Dr. Lee “noticed a suspicious looking mole on Plaintiff's forehead, but did not recommend any treatment or take a biopsy.” Plai...

Excerpt: ...aintiff opposed the JOP motion on November 28, 2022 and Defendant submitted a reply on December 1, 2022. Defendant allegedly owns the property located at 25538 Hidden Springs Court, Los Altos Hills, CA with Assessor Parcel Number 182‐17‐066 (“Subject Property”). (Complaint, ¶ 6.) On October 15, 2021, Plaintiff and Defendant allegedly entered into two separate oral contracts. The first contract stated that Plaintiff would excavate dirt fr...

Excerpt: ...f which were attached to the copy of the complaint filed with the Court. A First Amended Complaint (“FAC”) was filed on August 22, 2022. This FAC alleged 17 causes of action, none of which were listed on the caption page. The FAC also references several exhibits, none of which are attached to the copy filed with the Court. On September 26, 2022 Defendant Intel filed a demurrer to the FAC's fifth and sixth causes of action (claims for breach o...

Excerpt: ...demurrer and motion to strike. Plaintiff filed the operative pleading, the First Amended Complaint (“FAC”) on July 26, 2022. Defendants filed a demurrer and motion to strike on August 29, 2022. Plaintiff's opposition to both responsive motions were filed on November 21, 2022, to which Defendants replied on November 29, 2022. The parties collaborated in applying to Stanford's Botha‐Chan Entrepreneurship Innovation Program, and upon acceptanc...

Excerpt: ... issued by the County of Santa Clara Public Health Department on December 28, 2021 requiring public employees in “higher risk settings” (Plaintiffs do not dispute that they fall within this category) to receive one of the safe and effective Covid‐19 vaccines and any available boosters. Plaintiffs allege that they had each sought and were granted religious exemptions. Plaintiffs' original and still operative Complaint was filed on May 27, 20...

Excerpt: ...nities, Inc. and Bay CountryBrook, LP, the alleged owners or managers of the Property (collectively, “Management Defendants”). The operative complaint, the Second Amended Complaint (“SAC”) was filed on June 27, 2022. Defendants filed a demurrer on August 19, 2022. Plaintiffs filed opposing papers on November 16, 2022, to which Defendants replied on November 22, 2022. From September 2014 to June 2020, Plaintiffs resided at the Property as ...

Excerpt: ...�) was filed on July 30, 2021 to include Defendant County. Venue was changed by the parties' stipulation on September 21, 2021. Plaintiff subsequently filed the operative pleading, the Second Amended Complaint (“SAC”) on July 18, 2022. Defendant County filed a demurrer and motion to strike on August 19, 2022. In response, Plaintiff filed separate oppositions on November 10, 2022. Defendant County filed separate replies on November 18, 2022. P...

Excerpt: ...s‐Defendants”). The cross‐complaint alleges the following causes of actions against the crossdefendants in connection with the negotiation and drafting of a lease between CrossComplainant SJBD and Cross‐ Defendant Bay 101: 13. Rescission of the Lease – Bay 101 14. Breach of Fiduciary Duty – Timothy Bumb 15. Breach of Fiduciary Duty – Loren Vaccarezza and Ronald Werner 16. Professional Negligence – Loren Vaccarezza and Ronald Werne...

Excerpt: ...original and still operative Complaint filed by Plaintiff on May 11, 2022 states seven cause of action against Defendant and various Does who allegedly “completely dominate[] and control[]” the City. (Complaint at ¶12a.) The causes of action alleged are: (1) Discrimination in violation of the FEHA (based on alleged discrimination against Plaintiff based on his unidentified “specific religious beliefs”); (2) Retaliation in violation of th...

Excerpt: ...‐Defendants”). The cross‐ complaint alleges the following causes of actions against the crossdefendants in connection with the negotiation and drafting of a lease between CrossComplainant SJBD and Cross‐ Defendant Bay 101: 1. Rescission of the Lease – Bay 101 2. Breach of Fiduciary Duty – Timothy Bumb 3. Breach of Fiduciary Duty – Loren Vaccarezza and Ronald Werner 4. Professional Negligence – Loren Vaccarezza and Ronald Werner 5....

Excerpt: ...s case that was entered in favor of Defendant on March 10, 2020, two motions to set aside the judgment. The most recent prior challenge to the same March 10, 2020 judgment heard in this Court, a motion for new trial and motion to set aside the judgment filed by Plaintiff, was denied by the Court (Hon. Barrett) in a formal order issued on September 24, 2020. That order noted in part that “Defendant's notice of entry of judgment or order was file...

Excerpt: ...t the Court is aware of between the same, or nearly the same, parties concerning a dispute arising from the same document, the operating agreement of Defendant MHHD Partners LLC. The first lawsuit is case no. 21CV382738. The original and still operative unverified Complaint in this action was filed by Plaintiffs on June 8, 2022. Attached as Exhibit A to the Complaint is a copy of the “Amended and Restated Operating Agreement of MHHD Partners LL...