Excerpt: ...rking for HTI as Chief Financial Officer and Secretary and served on HTI's board of directors. (Complaint, ¶13.) Plaintiff Li owns 22,000 shares of defendant HTI. (Complaint, ¶14.) From 2000 to 2018, plaintiff Li worked for defendant HTI and frequently traveled to China on behalf of defendant HTI. (Complaint, ¶15.) Other than the first two years, plaintiff Li was never paid a salary for his work for defendant HTI. (Id.) During the time plainti...

Excerpt: ...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”), Ampro and Consolitech are circuit board assembly and manufacturing companies owned by Elliot Wang (“Wang”) and located in Fremont, CA. (4AC, ¶¶ 1‐2, 23.) As Wang...

Excerpt: ...g the superior design, engineering, and road worthiness of the Vehicle. (SAC, ¶12.) In November 2013, the Vehicle, while driven by plaintiff Miller, suddenly and without warning, switched into the neutral gear position. (SAC, ¶13.) During the course of vehicle repairs, plaintiff Miller learned that the problem he experienced was related to a defect in the Vehicle's driver controller module which caused the transfer case to switch into the neutr...

Excerpt: ...plaint, ¶16.) The Foundation is a tax exempt entity that receives State, Federal, charitable, and other funds earmarked to operate the MetroEd High School, Adult Education program, and its Career Technical Education (“CTE”) programs. (Complaint, ¶¶14 and 17.) Plaintiff Adams made disclosures of District's misuse of Federal Perkins and State Pathway practices, asbestos and other contamination. (Complaint, ¶22.) Plaintiff Adams was construc...

Excerpt: ...Tristen Heitz, R.N.; hereafter, “Heitz”), Dean Vistnes, M.D., and Dean Vistnes, M.D., Inc. (collectively “Defendants”). According to the allegations of the First Amended Complaint (“FAC”), in August 2015, Plaintiff visited Skinspirit Skincare Clinic and Spa, Skinspirit LLC, and Skinspirit Essential, LLC (collectively “Skinspirit”) to undergo certain procedures, including Ultherapy. (FAC, ¶8.) Skinspirit agreed to supervise and ma...

Excerpt: ...to provide compensation if there was a failure of such utility or performance. (Complaint, ¶9.) The Vehicle was delivered to plaintiff Spencer with and developed other serious defects and nonconformities to warranty including, but not limited to, transmission and engine defects. (Complaint, ¶10.) Plaintiff Spencer delivered the Vehicle to an FCA‐authorized repair facility for repair of the nonconformities but defendant was unable to conform p...

Excerpt: ... 6.) He was subsequently hired as a regular employee. (Id. at ¶ 9.) Defendant promised to compensate Plaintiff 33 1/3 percent of the gross fees collected from projects assigned to him. (Ibid.) Plaintiff accepted the employment terms, but it immediately became clear that his position required substantial administrative work that did not directly lead to fee generation. (Id. at ¶ 11.) Consequently, Defendant modified his compensation agreement to...

Excerpt: ...isado”), Scott W. Benninghoven, M.D. (“Dr. Benninghoven”), and Physicians Medical Group of San Jose, Inc. to provide plaintiff Bunten with adequate and complete care and attention as well as with other necessary medical services. (Complaint, ¶15.) Defendants promised and undertook to care for, treat, and advise plaintiff faithfully, skillfully, and carefully. (Id.) Defendants, in their respective care and treatment, failed to exercise that...

Excerpt: ... Drive in San Jose (“Subject Property”), taking title as joint tenants. (First Amended Complaint (“FAC”), ¶¶9 – 10.) At the time of purchase, Plaintiff and her husband obtained mortgage financing through Fieldstone Mortgage Company, secured by the Subject Property. (FAC, ¶10.) In or around July 2005, Plaintiff and her husband decided to refinance their first lien mortgage. (FAC, ¶11.) Though Plaintiff and her husband held title to t...

Excerpt: ...tract promised that “[GEICO] will pay damages for bodily injury to an insured, caused by accident which the insured is legally entitled to recover from the owner or operator of an uninsured motor vehicle, underinsured vehicle, or a hit‐and‐run motor vehicle arising out of the ownership, maintenance or use of that motor vehicle.” (Id. at ¶ 8.) In addition, the contract provides that if the parties “do not agree that [the insured] is leg...

Excerpt: .... 3, ¶1.) On June 25, 2004, the court entered a judgment of dissolution as to Olivia and An but reserved jurisdiction on the issue of division of assets and liabilities. (Id.) On July 18, 2007, pursuant to a judgment of dissolution for division of assets and liabilities, Olivia and An agreed to sell a jointly‐owned vacation home located at 39045 N. Shore Drive in Fawnskin, CA (“Fawnskin Home”) and divide the proceeds after sale. (Id.) Howe...

Excerpt: ... and cash advances. (Complaint at p. 1, CC‐1.) Plaintiff periodically billed Kubo throughout the credit relationship. (Ibid.) The Complaint alleges defendant Kubo is indebted to Plaintiff in the sum of $6,067.77 as she defaulted on the credit account. (Ibid.) On September 12, 2018, Plaintiff filed a Judicial Council Form Complaint against defendant Kubo alleging causes of action for open book account and account stated. On November 21, 2018, de...

Excerpt: ... maintain the Vehicle's utility or performance, or provide compensation in the event either failed during the specified period. (Ibid.) During the warranty period, the Vehicle contained or developed numerous defects. (Complaint, ¶ 6.) Plaintiff delivered the Vehicle to FCA and its representatives for repairs on several occasions, but they were unable to service or repair the Vehicle to conform to the applicable express warranty. (Id. at ¶ 7.) F...

Excerpt: ...e compensation in the event either failed during the specified period. During the warranty period, the Vehicle contained or developed numerous defects. Because of these issues, Plaintiff delivered the Vehicle to Defendant and its representatives for repairs but they were unable to service or repair the Vehicle to conform to the applicable express warranty, even after a reasonable number of opportunities. Because of these failures, Plaintiff was e...

Excerpt: ...nse to request for production, set one, production of documents, and for sanctions is DENIED. A. Discovery dispute. On March 2, 2018, defendants eWiz Express Corporation (“eWiz”) and Christine Rao (“Rao”) served plaintiff Ma Laboratories, Inc. (“Ma Labs”) with a request for production of documents (“RPD”), set one, numbers 1 – 92.8 Simultaneously, all defendants served plaintiff Abraham C. Ma (“Ma”) with a RPD, set one, numb...

Excerpt: ... 2015 Toyota Sienna. (First Amended Complaint (“FAC”), ¶5.) While at defendant Bolea, plaintiff Travasso discovered and disputed issues regarding obligations stated within an August 25, 2012 purchase contract administered by Bolea. (FAC, ¶6.) Defendant Bolea orally represented a purchase contract would be administered but instead sold plaintiff Travasso a vehicle lease. (FAC, ¶¶7 – 8.) After taking possession of the vehicle, plaintiff T...

Excerpt: ...� 1.) Defendants Diana A. Southern and Richard Southern, individually and as trustees of the Southern Family Revocable Trust dated 4‐15‐2003 (collectively, “Defendants”), are owners of real property located at 21283 Cinnabar Hills Road in San Jose, California. (Id. at ¶ 2.) Cinnabar Hills Road is a roadway parcel (the “Roadway Parcel”) extending from the base of Bertram Road, in Santa Clara, California. (FAC at ¶ 5.) The Santa Clara...

Excerpt: ...CV‐222582 (“Shadafni Action”). (Complaint, ¶¶6 – 8.) In a matter related to the Shadafni Action, defendants Sharon Ajlouni and Karen Ajlouni (collectively, “Ajlounis”) filed a lawsuit against Hawari, Searles and SCI in Santa Clara County Superior Court, case number 1‐13‐CV‐242018 (“Ajlouni Action”). (Complaint, ¶¶6 – 8.) Defendant Michael Prozan (“Prozan”), a California licensed attorney, represented Shadafni and t...

Excerpt: ...er‐to‐bumper warranty and a five‐year/100,000‐mile powertrain warranty. The warranties stated Defendant was to preserve or maintain the Vehicle's utility or performance, or provide compensation in the event either failed during the specified periods. During the warranty period, the Vehicle contained or developed numerous defects, including but not limited to: leaking water pump; rupture and leakage of right front axle seal; and knocking n...

Excerpt: ...ew York and an industry leader sought after by various technology companies for senior executive roles. (FAC, ¶ 21.) In early 2018, Mishra, a board member of the Company, arranged a meeting between Plaintiff and Malavalli, whom he described to Plaintiff as a Silicon Valley legend and representative of the Company. (Id. at ¶ 22.) During this meeting, Malavalli sought to bring Plaintiff on as CEO of the Company, orally representing the Company ha...

Excerpt: ...r the surgery, plaintiff Billy Usher repeatedly told defendant Dr. Yeh that the hand was worse and that it now had more pain and electrical sensations. (Id.) Defendant Dr. Yeh negligently failed to perform any diagnostic tests that would have revealed the nerve was severed. (Id.) As a result of defendant Dr. Yeh's negligence, plaintiff Billy Usher suffered severe and permanent injuries. (Id.) Plaintiff Billy Usher underwent additional surgery wit...

Excerpt: ...n Rafael (“Property”). (Complaint, ¶7.) The loan was secured by a second deed of trust on the Property and also secured with a second deed of trust on Plaintiffs' primary residence at 15 Peacock Circle in American Canyon. (Complaint, ¶7.) In or about August 2007, defendant Capital appointed Gateway Bank FSB (“Gateway”) to service the loan and be responsible for collecting mortgage payments and year‐end statements. (Complaint, ¶8.) In...

Excerpt: ...red into a construction contract (“Contract”) whereby plaintiff BHL would perform certain work at the work of improvement commonly known as TechShop – San Jose located at 40 S. 2nd Street in San Jose (“Project”). (SAC, ¶8 and Exh. 1.) Plaintiff BHL completed all of its work required under the Contract. (SAC, ¶9.) Defendant TechShop breached the Contract by failing to pay the sum of $688,622.57 due and owing to plaintiff BHL for work p...

Excerpt: ...Inc., alleging the defendants failed to inform them of the severity of the property's structural issues and did not repair the property as required under the controlling covenants, conditions and restrictions. San Jose Creekside Villa Homeowner's Association (“Cross‐Complainant”) subsequently filed a cross‐ complaint against Plaintiffs and Associa Northern California, Inc. (“Associa”). According to the operative First Amended Cross‐...

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...