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...

Excerpt: ...s entitled to the same, but no greater, consideration than other litigants and attorneys. Further, the in propria persona litigant is held to the same restrictive rules of procedure as an attorney.” (Burnete v. La Casa Dana Apartments (2007) 148 Cal.App.4th 1262, 1267, internal citations omitted); see also Rappleyea v. Campbell (1994) 8 Cal.4th 975, 985 [“A doctrine generally requiring or permitting exceptional treatment of parties who repres...

Excerpt: ...1. Defendants filed a Demurrer and Motion to Strike the FAC on March 13, 2022. The Court adopted its ruling on the Demurrer, overruling in part and sustaining with leave in part, on June 7, 2022. The Court also adopted its ruling on the Motion to Strike on June 7, 2022, denying the motion on procedural grounds. Plaintiffs filed the operative Second Amended Complaint (“SAC”) on June 10, 2022. Defendants filed a Motion to Strike to the SAC on A...

Excerpt: ...the successor landlords. Plaintiff contends that a dispute has arisen between it and the successor landlords over the interpretation of several portions of the lease (sections 4, 5 and 8) relating to expenses, maintenance and repair of the premises. The original complaint was filed on September 22, 2020 stating claims against defendants Fortune Companies Management Corp., Fortune Realty LLC and Mosaic Equities LLC (“Defendants”). Following a ...

Excerpt: ...presentation arising from the termination of Plaintiff's employment on July 29, 2019. (See SAC at ¶ 4.) The original complaint, FAC, and SAC all list seven defendants on its caption page: Leland Stanford Junior University, Jane Duperrault, Lawrence Chu, M.D., Norma Leavitt, Susan Hoerger, Marc Tessier‐Lavigne, and Ronald Pearl (collectively, “Defendants”). Plaintiff alleges the following misrepresentations: 1. Job Advertisement's Admittedl...

Excerpt: ...re as an attorney.” (Burnete v. La Casa Dana Apartments (2007) 148 Cal.App.4th 1262, 1267, internal citations omitted.) The original complaint in this action was filed on May 12, 2020. It stated claims for: 1) Breach of Contract, of a purported written settlement agreement attached to the Complaint as exhibit A (Complaint at ¶19); 2) Breach of Duty of Loyalty; 3) Breach of the Implied Covenant of Good Faith and Fair Dealing; 4) Bad Faith Denia...

Excerpt: ...ation in violation of the FEHA; (2) Breach of an Implied Contract; (3) Breach of the Implied Covenant of Good Faith and Fair Dealing, and; (4) Slander/Defamation (violation of Civil Code §§43 and 46). The FAC alleges that Plaintiff worked for Defendant from December 2, 2019 until his termination on September 29, 2021. (See FAC at ¶¶21 and 4.) Included in exhibit B to the FAC is a copy of Plaintiff's employment offer letter and a copy of Defen...

Excerpt: ...ona, he is entitled to the same, but no greater, consideration than other litigants and attorneys. Further, the in propria persona litigant is held to the same restrictive rules of procedure as an attorney.” (Burnete v. La Casa Dana Apartments (2007) 148 Cal.App.4th 1262, 1267, internal citations omitted); see also Rappleyea v. Campbell (1994) 8 Cal.4th 975, 985 [“A doctrine generally requiring or permitting exceptional treatment of parties w...

Excerpt: ...ss warranties. (Complaint at ¶7.) Plaintiffs further allege that the vehicle they purchased had a “1.6‐liter GDI engine” and that the vehicle developed problems with “the powertrain system, including the engine and/or transmission.” (Complaint at ¶¶8‐9.) The original and still operative Complaint filed on February 23, 2021 states six causes of action (none of which are listed on the Complaint's caption page): (1) Violation of Civ. ...

Excerpt: ... 29, 2022, is the operative complaint. In asserting the common count claim, Plaintiff alleges that Defendants became indebted to Plaintiff within the last four years “because an account was stated in writing by and between [Plaintiff] and [Defendants] in which it was agreed that [Defendants] were indebted to [Plaintiff].” (FAC, ¶ CC‐1.) Accordingly, Defendant became indebted to Plaintiff in the amount of $406,116.58 “for goods, wares, an...

Excerpt: ...s 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. Further, the in propria persona litigant is held to the same restrictive rules of procedure as an attorney.” (Burnete v. La Casa Dana Apartments (2007) 148 Cal.App.4th 1262, 1267, internal citat...

Excerpt: ...of $7692.50 pursuant to CCP Sections 2031.310, 2023.030 and 2023.010. The Requests at issue in this motion seek financial records from Plaintiff including bank records and tax returns filed by Plaintiff. According to their moving papers, Defendants contend that the requests are narrowly tailored to determine whether Plaintiff paid a fee to BEZ Financial Network, Inc., a licensed real estate broker, or its agents (Howard Wong and Edward Wong) in c...

Excerpt: ...aw Office of Wright, Finlay & Zak (“WFZ”) (collectively, “Defendants”) breached a settlement agreement that arose from a proceeding filed in bankruptcy court. (FAC, ¶ 12.) Plaintiff filed the proceeding against Defendant Trust, which Plaintiff alleges was represented by Defendants Robinson and WFZ. (Id.) Plaintiff alleges that on December 30, 2021, he made an initial offer of $750,000 “in consideration of Defendants discharging any all...

Excerpt: ...22. The SAC states 11 causes of action: (1) Gender Discrimination in violation of the FEHA; (2) Retaliation; (3) Wrongful Termination in Violation of Public Policy; (4) Failure to Pay Overtime Wages; (5) Unpaid Meal Period Wages; (6) Unpaid Rest Period Wages; (7) Failure to pay all wages due; (8) Failure to provide accurate wage statements; (9) Late payment of payday wages; (10) Unfair Competition, and; (11) Private Attorneys General Act (“PAGA...

Excerpt: ...ontract and wrongful termination, against Defendant Stanford Health Care (Plaintiff's former employer) and various Does. Currently before the Court is a demurrer to the Complaint by Defendant Stanford Health Care (“Stanford”) filed on June 29, 2022. An amended notice stating the hearing date was filed on August 19, 2022. Plaintiff's opposition was filed on September 15, 2022. I. Demurrer to the Complaint The Court in ruling on a demurrer trea...

Excerpt: ...he front passenger seat, hand‐ cuffed, and with no seat belt. Prior to filing this complaint, Plaintiff settled with Tekle for Tekle's insurance policy limit of $15,000. Issue Cross‐Defendant Tekle now moves for determination of good faith settlement under CCP §§ 877 and 877.6. If the Court finds that the settlement between Plaintiff and Tekle is in good faith, then the settlement “shall discharge” Tekle “from all liability for any co...

Excerpt: ...west Holdings, Inc., Northwest Investment Consulting, Inc. (collectively “NWPS Defendants”), Kaufmann and Goble Associates, Inc., Sidney T. Kaufmann, and various Does. Plaintiffs' original complaint was filed on September 17, 2021. The operative First Amended Complaint (“FAC”) was filed on April 5, 2022 and states claims for: (1) Professional Negligence/Malpractice (against all Defendants); (2) Breach of Written Contract (against all Defe...

Excerpt: ...tiffs original and still operative unverified Complaint was filed on May 7, 2021. The Complaint states causes of action for: (1) Temporary and Permanent Injunction (seeking to impose various restrictions on Defendant Gargano, including a freezing of all of his assets), and; (2) Accounting (in reality asserting a statutory right to inspect records under Cal. Corp. Code §§17704.10 et seq., and seeking to inspect Defendant Gargano's personal bank ...

Excerpt: ... 10 day suspension for violations of specified policies adopted by the District Attorney's Office as well as County Merit System Rules. In a 40 page detailed decision issued by Arbitrator Cohn, he concluded that “on the record presented, the County did not have just cause to suspend Grievant (Chung) for two (2) weeks without pay. Just cause, however, exists for a five (5) working day suspension without pay. As soon as practical, the County shal...

Excerpt: ... Eighteen Requests for Production of Documents; and (4) at least Five Depositions. Plaintiff argues that good cause exists to allow the requested discovery as the enumerated discovery is narrowly defined to issues that Google has challenged in its Anti‐ SLAPP motion including their motive for terminating Plaintiff and his good faith belief that they were breaking the law. In support of the motion, Plaintiff argues that Defendant Google has plac...

Excerpt: ... business is located) in 2010. Plaintiffs' original complaint was filed on October 18, 2018. The original complaint alleged at ¶6 that “Defendant Robert Killingsworth is believed to be a resident of Kansas City, Missouri, and at all time relevant herein, worked as an insurance claims adjuster working for Travelers.” A proof of service indicating service of the original complaint on Robert Killingworth in Missouri on December 20, 2020 was fil...

Excerpt: ...aintiff's demurrer to that Answer, filed on June 8, 2022. Defendant Bereczky's opposition was filed on August 16, 2022. I. Demurrer to the Answer “When any ground of an objection to a[n] … answer appears on the face of the complaint thereof, of from any matter of which the court is required to or may take judicial notice, the objection on that ground may be taken by a demurrer to the pleading.” (Code Civ. Proc. (“CCP”) §430.30(a).) A p...

Excerpt: ...“CCP”) section 430.10, subdivision (e). Plaintiff filed opposition papers on August 18, 2022, to which Defendant filed a reply on August 25, 2022. I. Background A. Facts Plaintiff alleges a personal injury claim after she tripped and fell on a warning surface pad at the intersection of Los Gatos‐Saratoga Road and Rose Avenue in the city of Monte Sereno on August 2, 2018. (4AC, ¶ 7.) Plaintiff alleges that the warning surface pad was placed...

Excerpt: ...h leave to amend by the Court (Hon. Zayner) on June 11, 2018. Plaintiff's operative First Amended Complaint (“FAC”) was filed on July 26, 2018. The FAC alleges that Defendants initially represented Plaintiff “on an hourly matter,” which “involved a $14,000 case.” (FAC at ¶¶ 7‐9.) The hourly fee agreement required Defendants to send monthly billing statements, but they did not provide the requisite billing statements until the end ...

Excerpt: ...2010. Plaintiffs' original complaint was filed on October 18, 2018. Attached to the complaint were two exhibits: (1) a copy of a “Water Tank Lease with Option” between Whispering Oaks Health Care Center, Inc. and Cricket Communications, Inc. entered into on April 24, 2008, which expressly states in paragraph 18(e) that “This Lease shall be construed in accordance with the laws of the state of Missouri.” and; (2) A custom commercial insura...

Excerpt: ...heelchair rolled backwards off the hydraulic wheelchair lift and ramp that was attached to the van owned by Defendant Community Partners, LLC. (Ibid.) Plaintiff Collier's wheelchair rolled off of the ramp at a high rate of speed, tipping backwards and causing Plaintiff Collier to be thrown on the ground. (Ibid.) Plaintiff Collier was later diagnosed with a fractured cervical spine, back impairments, and paralysis in her arms. (Ibid.) Upon informa...