Excerpt: ...rder that Matters in Request for Admissions be Deemed Admitted and Imposing Monetary Sanctions [against crossdefendant George Li] Factual and Procedural Background First Amended Complaint Founded in January 2017, plaintiff Finclusion Labs, Inc. dba WeTrust (“Finclusion”) creates decentralized, peer‐to‐peer financial solutions that promote financial inclusion. (First Amended Complaint (“FAC”), ¶1.) In conjunction with formation of Fin...

Excerpt: ...er (“Mesters”) own real property commonly known as 15645 On Orbit Drive in Saratoga (“Mester Property”). (FAC, ¶2.) The real properties owned by Plaintiffs and the Mesters share a common boundary. (FAC, ¶6.) The Mester Property is burdened by a public easement. (Id.) Defendant Pacific Gas & Electric Company (“PG&E”) installed an electrical pole and service lines pursuant to the public utility easement. (Id.) The Mesters acknowledge ...

Excerpt: ...mao Zhu, LXRZ, Inc., Firetide, Inc. (“Firetide”), George Zhu (“Zhu”), Xin Liu (“Liu”), and Da Yong Guan (“Guan”) (collectively “Defendants”). As alleged in the Third Amended Complaint (“TAC”), Ampro and Consolitech are circuit board assembly and manufacturing companies owned by Elliot Wang (“Wang”) and located in Fremont, CA. (TAC, ¶¶ 1‐ 2, 23.) As Wang lived in Taiwan, he relied on individuals in California to run...

Excerpt: ...rom's Motion to Compel Plaintiff and Cross‐Defendant George Li to Provide Complete Responses to Form Interrogatories and for Sanctions Factual and Procedural Background First Amended Complaint Founded in January 2017, plaintiff Finclusion Labs, Inc. dba WeTrust (“Finclusion”) creates decentralized, peer‐to‐peer financial solutions that promote financial inclusion. (First Amended Complaint (“FAC”), ¶1.) In conjunction with formation...

Excerpt: ..., ¶ 3.) Ladden purportedly served Seitzinger with summons and complaint in the Underlying Action on April 23, 2014 by substitute service on an individual named Dan Martin, 55 years old with gray hair, 5'8” and 170 pounds, the occupant at 7392 Crews Road in Gilroy. (Complaint, ¶ 4.) However, service of process did not occur as described. (Id. at ¶ 5.) The address above is the home of Seitzinger's son, Daniel Seitzinger, but he was not at home...

Excerpt: ...t also contained an arbitration clause which Plaintiff contends governs all disputes “arising out of or related to” the Agreement. Plaintiff contends that Defendants wage claims fall squarely within the scope of the arbitration clause because they pertain to compensation owed to Defendants under the Consulting Agreement. Plaintiff argues that Defendants claims through the DSLE must be pursued instead through arbitration with the American Arbi...

Excerpt: ..., ¶ 3.) Ladden purportedly served Seitzinger with summons and complaint in the Underlying Action on April 23, 2014 by substitute service on an individual named Dan Martin, 55 years old with gray hair, 5'8” and 170 pounds, the occupant at 7392 Crews Road in Gilroy. (Complaint, ¶ 4.) However, service of process did not occur as described. (Id. at ¶ 5.) The address above is the home of Seitzinger's son, Daniel Seitzinger, but he was not at home...

Excerpt: ...sum of $85,447.88 for medical care, services, and supplies furnished by plaintiff County, by or through VMC, at the special instance and request of defendant Sonagere. (Complaint, ¶¶2 and 5.) Neither the whole nor any part of the sum has been paid and the sum is now due, owing, and unpaid. (Complaint, ¶6.) On June 25, 2018, plaintiff County filed a complaint against defendant Sonagere asserting causes of action for: (1) Open Book Account; and ...

Excerpt: ...ative Second Amended Complaint (“SAC”), on or about June 16, 2014, Paul Alexander Da Silva (“Paul Da Silva”), while acting in the course and scope of his employment by Da Silva Dairy Farms, LP, drove through a red traffic signal directly facing him without braking or swerving. 6 He collided with the vehicle occupied by Holly Wright, Richard Wright III, Jeremy Wright (“Jeremy”), and decedents Ashleigh Wright and Curtis Lanch. As a resu...

Excerpt: ... California (the “Property”) and Plaintiff was the caretaker of it. Defendant approached Plaintiff in 2004 and suggested he rent the Property at an above‐market price for twelve years, at which point Defendant would convey it to him. Plaintiff agreed and made every payment for twelve years. However, Defendant never intended to convey the Property to him; he only wanted to induce Plaintiff to pay the above‐market price in rent. When Plaint...

Excerpt: ...owned by Langenberg. Per the agreement, Plaintiff was a 15% owner in the company. In the fall of 2016, Langenberg informed Plaintiff that Luke's was in merger discussions and he would receive approximately $3,750,000 from the merger. But later, Langenberg gave Plaintiff conflicting information about the transaction; for example, he stated Plaintiff would only receive $2,089,000. In November 2016, Langenberg gave Plaintiff two signature pages to s...

Excerpt: ...r violations and discriminated against him. Regarding the wage and hour violations, Plaintiff was not provided full meal and rest breaks, accurate wage statements, his personnel file, or his final paycheck. Regarding the discrimination, Plaintiff notified Goodwill upon his hiring that he suffered from disabilities, including seizures and vascular artery disease, which required he be assigned a seated position. Plaintiff's job as a sorter worked w...

Excerpt: ...RTL”). (Id.) At the time of the incident, the truck and liftgate was leased by defendant RTL to plaintiff's employer. (Id.) The liftgate was designed and manufactured by defendant Maxon Lift Corp. (“Maxon”). (Id.) On February 9, 2017, plaintiffs Carlos Perezdeleon and Elizabeth Perezdeleon filed a complaint against defendants RTL and Maxon asserting causes of action for: (1) Negligence (2) Negligent Inspection and Maintenance (3) Strict Pro...

Excerpt: ...gleton's Managing Director, defendant Yifang (Jack) Wang (“Wang”) solicited plaintiff Veronica Li (“Li”) for employment with Singleton, offering plaintiff Li the position of Global Strategy Account Manager. (Complaint, ¶10.) Defendant Wang offered to match plaintiff Li's pay of $10,000 per month plus commissions and bonuses. (Id.) After plaintiff Li provided documentation confirming her salary, defendant Wang sent plaintiff Li an offer l...

Excerpt: ...he terms of said agreement said defendants promised to pay plaintiff for all purchases and/or cash advance drafts procured by the use of the card bearing said defendants' name. (Id.) Defendants breached the cardholder agreement on or about June 24, 2014, by failing to comply with the terms and conditions of said agreement, including, but not limited to paying the amounts due. (Complaint, ¶7.) On December 29, 2015, defendant Anh K. Nguyen (“Ngu...

Excerpt: ...“VSM”), 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.)...

Excerpt: ...(Complaint, ¶8.) In correspondence between plaintiff Bukhari and defendant Day Dream, plaintiff Bukhari expected the following treatment: “A classic full body massage that uses soothing techniques to increase circulation, reduce stress, and improve muscle relaxation. This massage is designed to relieve tension found in the deeper tissue layers through slower strokes and more direct pressure.” (Id.) Defendant Evans provided massage treatment ...

Excerpt: ... amended Chapter 11 plan (“Bankruptcy Plan”) which provided that Platinum would pay its various administrative claimants and would then pay its unsecured creditors 60% of their respective claims over time through annual payments of $90,000. (Complaint, ¶11.) In the ensuing years, Platinum made some payments to it unsecured creditors. (Complaint, ¶12.) Some payments included exchanges of trade services to unsecured creditors out of order rat...

Excerpt: ...nitially employed by Ma Labs as a RMA (return merchandise) clerk and subsequently became an account manager (sales) in or about 1994. (SAC, ¶16.) In late February 1995, defendant Rao filed for divorce from her then husband. (SAC, ¶17.) Plaintiff Abraham C. Ma (“Ma”) and Rao married on December 7, 1995. (Id.) After taking business and accounting studies at a local community college, defendant Rao returned to work at Ma Labs on February 21, 1...

Excerpt: ... 1. Super Talent Electronics, Inc. On August 8, 2018, defendant Christine Rao (“Rao”) served plaintiff Super Talent Electronics, Inc. (“STE”) with a notice of deposition for August 23, 2018.2 On August 16, 2018, plaintiff STE served defendant Rao with objections to the notice of deposition.3 On September 10, 2018, defendant Rao served plaintiff STE with an amended notice of deposition for September 25, 2018.4 On September 21, 2018, plaint...

Excerpt: ...acy. The third parties then used the money to acquire real property in San Diego and in Palm Springs. The San Diego property was subsequently deeded to defendant 2006 Catalina Fund, LLC by the third party 2006 Catalina LLC for no consideration. The Palm Springs property was later deeded to defendant 574 Mariscal Fund, LLC by third party 574 Mariscal LLC for no consideration. Therefore, both the third parties did not receive the reasonable equival...

Excerpt: ...Honda for injuries arising out of a car accident. Paul Da Silva is an owner, partner, employee, and agent of Da Silva Dairy Farms, LP and Da Silva Dairy Management, Inc. Joe Da Silva, who was substituted as Doe #2, is an agent, servant, or employee of other defendants and ratified their actions. On or about June 16, 2014, Paul Alexander Da Silva (“Paul Da Silva”), while acting in the course and scope of his employment by Da Silva Dairy Farms,...

Excerpt: ...eyman iron worker. (Complaint, ¶14.) Plaintiff Englehart and defendant Jeffers were often alone together when they worked on a man lift, sometimes 80 feet in the air. (Complaint, ¶15.) Beginning July 2016, defendant Jeffers subjected plaintiff Englehart to frequent, ongoing, unwelcome conduct of a sexual nature. (Complaint, ¶16.) Defendant Jeffers criticized plaintiff Englehart's performance, trying to make plaintiff look bad for rejecting his...

Excerpt: ...ement plants located in San Jose. (FAC, ¶7.) On or about June 3, 2014, plaintiff Hafely loaded concrete mixture into a concrete truck, but the mixture was too dry and plugged up the hopper of the truck. (FAC, ¶8.) To clear the blockage, plaintiff Hafely climbed on top of the truck and used a specially designed tool to loosen the mixture. (Id.) When plaintiff Hafely attempted to retract the tool, the tool became lodged in the hopper. (Id.) In at...

Excerpt: ... case is not yet set for trial, Plaintiffs motion is timely; (2) the facts establishing “alter ego” liability were recently discovered in depositions and the discovery of these new facts justifies the inclusion of the ”alter ego” allegations as alleged in paragraphs 17‐24 of the Proposed SAC; and (3) there has been no delay by Plaintiffs or their counsel in the prosecution of this action including the current request for leave to amend....