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: ...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: ...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: ...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...