Excerpt: ...e authority to order that a record be filed under seal only if it expressly finds facts that establish: 1. there exists an overriding interest that overcomes the right of public access to the record; 2. the overriding interest supports sealing the record; 3. a substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; 4. the proposed sealing is narrowly tailored; and 5. no less restrictive means ex...

Excerpt: ...��Written Consent of the Shareholders in Lieu of Special Meeting; (3) Exhibit E‐‐‐Rodo Medical, Inc., Amended and Restated Investor Rights Agreement; (4) Exhibit F‐‐‐Rodo Medical, Inc., Amended and Restated Voting Agreement; (5) Exhibit G‐‐‐ Rodo Medical, Inc., Call and Put Option Agreement; (6) Exhibit H‐‐‐Rodo Medical, Inc., Series C‐1 Preferred Stock Purchase and Exchange Agreement; (7) Exhibit I‐‐‐Rodo Medical,...

Excerpt: ... relied upon by the Defendants for recovery of attorney's fees is Labor Code Section 218.5 which applies to Plaintiff's claim for unpaid wages, one of eight causes of action set forth in the Complaint. Pursuant to Labor Code Section 218.5(a), an employer defendant must show that the Plaintiff's claim was brought in bad faith to recover attorney's fees. Defendants have not met their burden in showing that there is a reasonable possibility that the...

Excerpt: ...ial use without a conditional use permit. Plaintiff alleges it purchased the property based on representations that it was an office space and suitable for industrial use, which turned out to be false. It later learned it would need to conduct expensive renovations to obtain a conditional use permit for its contemplated use of the property. And so, Plaintiff commenced this action against: (1) the seller and its principal, namely Da Rosa Developme...

Excerpt: ...perty”). (First Amended Complaint (“FAC”), ¶1.) Defendant Meridian Financial Services, Inc. (“Meridian”) and its sole owner, defendant Mark Yazdani (“Yazdani”), invested in a fraudulent scheme perpetrated, in part, by plaintiff Nguyen's wife, Lan Anh Phan (“Phan”). (FAC, ¶¶2 – 3, 7, and 9.) In or about April 2012, Phan provided Yazdani/Meridian with a $500,000 promissory note and deed of trust encumbering the Subject Proper...

Excerpt: ...and/or distributed by defendant General Motors, LLC (“Defendant”). (Complaint, ¶ 5.) In consideration for the lease of the Vehicle, Defendant issued and supplied several written warranties, including a four (4) year/ 50,000 mile basic warranty. (Id. at ¶ 7.) Shortly after Plaintiff took possession of the Vehicle, Plaintiff experienced various defects that substantially impaired the use, safety, and/or value of the Vehicle including defectiv...

Excerpt: ... December 5, 2017. On December 5, 2017, the court (Hon. Overton) issued a Civil Harassment Restraining Order against respondent Hastings with an expiration date of 11:59 p.m., December 5, 2022. On December 8, 2017, respondent Hastings filed a motion entitled, “Emergency Motion to Modify Restraining Order and Remove 100 Yds 12‐8‐17 which is a Detriment Daily as this is Small Town and to Give Access to Post Office and Food as Required by Law....

Excerpt: ...e‐Filing Order. In the moving papers, Defendants point out that this is the sixth lawsuit filed by Plaintiffs dating back to Jan. 15, 2010 (the first lawsuit) against Defendants and their related entities which relate to alleged improprieties that occurred at origination of their mortgage loan and the subsequent ongoing foreclosure process. Defendants document each of the six lawsuits and the allegations and entities involved in those matters t...

Excerpt: ...pa services including massage treatments. (Complaint, ¶¶2 and 9.) Defendant Robert Hernandez (“Hernandez”), a masseuse employed by defendant BWI, sexually assaulted and battered plaintiff Viney Jackson in the course of a massage. (Complaint, ¶¶7 and 10.) Before employment at BWI, defendant Hernandez had been the subject of prior complaints of sexual impropriety by his massage clients. (Complaint, ¶7.) In conjunction with hiring defendant...

Excerpt: ... Amended Complaint [“SAC”] at ¶ 2.1 ) Plaintiff Stephanie Drewsen (“Plaintiff”) became a patient of defendant SHC in January 2013. (Id. at ¶ 7.) Dr. David W. Lowenberg (“Dr. Lowenberg”) was Plaintiff's physician and an employee of defendant SHC. (Id. at ¶ 2.) Eric Sundberg, M.D. (“Dr. Sundberg”) and Varun Gajendran, M.D. (“Dr. Gajendran”) (collectively, “the residents”) were employed by defendant SHC as assistant reside...

Excerpt: ...M”), owners of real property known as the Vallco Fashion Mall located at 10123 North Wolfe Road in Cupertino (“Subject Property”), to exclusively represent VSM in connection with the sale of the Subject Property. (SAC, ¶¶7 – 8.) On or about August 2, 2011, VSM and plaintiff Nguyen entered into an exclusive right to sell agreement entitled “Owner‐Broker Agreement‐Vallco Shopping Center” (“Listing Agreement”). (SAC, ¶9.) Purs...

Excerpt: ...iff an annual compensation of $160,000 along with bonuses tied to growth and benefits. (Id. at ¶¶ 8‐9.) Plaintiff commenced his employment on November 9, 2017. (Id. at ¶ 11.) During his employment, Plaintiff protested and opposed unsafe and unhealthy working conditions, which he advocated to be eliminated. (Complaint at ¶ 11.) These conditions included but were not limited to the following:  Plumes of non‐ ventilated gas and smoke with...

Excerpt: ...efendant Shemin Gau (“Gau”) was operating a 2012 Subaru Outback. (Complaint, ¶13.) Defendant Gau was exiting an office park when, without warning, defendant Gau entered the roadway attempting to make a left turn and collided with plaintiff Diaz's vehicle. (Complaint, ¶14.) Plaintiff Diaz suffered catastrophic bodily injuries as a result of the collision. (Complaint, ¶15.) On July 3, 2017, plaintiff Diaz filed a complaint against defendant ...

Excerpt: ...while driven by plaintiff Miller, suddenly and without warning, switched into the neutral gear position. (FAC, ¶16.) On or about April 15, 2014, plaintiff Miller paid for the installation of a catalytic converter from defendant My Jeep Chrysler Dodge (erroneously sued as My Jeep; hereafter, “MJCD”) and was charged $2,315.07. (FAC, ¶29 and Exh. 10.) After driving approximately 400 miles, plaintiff Miller observed the check engine light was o...

Excerpt: ...ce to defendant Palo Alto Networks, Inc. (“PAN”) located at 4401 Great America Parkway in Santa Clara; and was walking toward the walk‐in cooler in the kitchen when he slipped and fell on grease. (Complaint, ¶¶Prem.L‐1 and GN‐1.) Defendant PAN owned and controlled the property where plaintiff King fell. (Id.) Defendant PAN was aware or should have been aware of the condition of the floor and that it created a risk of harm. (Id.) Plain...

Excerpt: ...) failure to provide rest periods; (4) failure to pay all wages due upon separation of employment; and (5) violation of California Business and Professions Code Section 17200 for unfair business practices. Plaintiffs bring this action individually and on behalf of similarly situated individuals who worked as nonexempt employees employed by Defendant at any time between February 21, 2013 and January 11, 2019. Following the inception of the lawsuit...

Excerpt: ... failing and refusing to pay the balance due after having been given 30 days prior written notice of a demand to pay the balance due. (Complaint, ¶BC‐2.) Defendant Steven Wayne Orensteen (“Orensteen”), a licensed real estate broker, solicited plaintiff Sullivan for or negotiated the loan for compensation or in expectation of compensation. (Complaint, ¶BC‐6.) On January 26, 2009, defendant Orensteen represented to plaintiff Sullivan that...

Excerpt: ...f check on agreed date ‘08/07/2018' and location ‘2197 Wynfair Ridge Way, San Jose, CA' pursuant to the terms and conditions of a Credit Agreement Security #00001673.” (Complaint, ¶BC‐2 and Exh. B.) On or about August 8, 2018, defendant “trespass upon Credit Agreement Payoff Security Instrument NOTE and Release of Lien Security Contract Property with the intentions of fraud in the factum by intentionally avoiding the TERMS AND CONDITIO...

Excerpt: ... 2018 and provided 588 pages of documents of which approximately 527 pages were of the owner's manual and protection plan.3 Plaintiff Song deemed defendant GM's response to RPD deficient. Between November 21, 2018 and February 15, 2019, plaintiff Song's counsel met and conferred with defendant GM's counsel regarding the purported deficiencies with defendant GM's response to plaintiff Song's RPD.4 As of February 27, 2019, plaintiff Song's counsel ...

Excerpt: ...�� 13, 18 – 19, 24 – 25, 28 – 37, 81 – 85, and 98. On February 21, 2019, the court issued an order granting plaintiff Marshall's motion to compel defendant GM's further response to plaintiff Marshall's RPD, set one, numbers 7, 12 – 13, 18 – 19, 24 – 25, 28 – 37, 81 – 85, and 98. The order stated further, “Production of any responsive documents shall be subject to a protective order. The parties shall meet and confer on the lan...

Excerpt: ...ed as a skilled nursing facility. (Complaint, ¶1.) On or about July 6, 2016, defendant James A. Phills, Jr. aka James A. Phills's (“Phills”) mother, Gerine Phills (“Decedent”), was admitted as a resident to plaintiff Manor's skilled nursing facility. (Complaint, ¶5.) Decedent signed a written contract with plaintiff Manor wherein plaintiff Manor agreed to provide routine nursing and emergency care and other services to Decedent in excha...

Excerpt: ...by defendant General Motors, LLC (“Defendant”). (Complaint, ¶ 6.) In connection with the purchase, Defendant provided Plaintiff with an express warranty that it would maintain the utility or performance of the Vehicle or provide compensation if the Vehicle failed during a specified period of time. (Id. at ¶ 7.) During the warranty period, the Vehicle developed numerous problems including: steering defects; abnormal noises coming from the en...

Excerpt: ... Electronics, Inc. (“Consolitech”) (collectively “Plaintiffs”) against defendants Charlene Qian (“Qian”), Xian Li aka James Li (“Li”), Thomas Zdimal, Kent Wang, Kathleen Wang, Xiao Rong Zhou, Ruo (Laura) Li, Zhengmao Zhu, LXRZ, Inc., Firetide, Inc. (“Firetide”), George Zhu (“Zhu”), Xin Liu (“Liu”), and Da Yong Guan (“Guan”) (collectively “Defendants”). As alleged in the Fourth Amended Complaint (“4AC”), Amp...

Excerpt: ...als, co‐owners, agents, employees, and officers of defendant Fortes Brothers Towing, Inc. (“FBT”). (TAC, ¶¶7 – 8.) Plaintiff Morgan was 5 years old when her mother married defendant Michael on March 9, 2002. (TAC, ¶19.) Defendant Michael sexually abused plaintiff Morgan between 2006 and 2013. (TAC, ¶¶21 – 40.) Defendants Michael and Daniel were known to frequent under‐age child prostitutes ranging from about 14 to 16 years of age...

Excerpt: ...tiff Ramos suffered injuries. (Id.) Plaintiff Ramos submitted a Claim for Damages on August 18, 2017. (Id.) VTA rejected plaintiff Ramos's Claim for Damages by a Notice of Rejection of Claim dated September 7, 2017. (Id.) On August 31, 2018, plaintiff Ramos filed a Judicial Council form complaint against defendant VTA asserting causes of action for: (1) General Negligence; and (2) Premises Liability. On December 21, 2018, defendant VTA filed the ...