Excerpt: ...c. (“Brion”) including all of its employee contracts. (Id. at ¶¶ 3‐4.) Brion is the global leader in computational lithography and operates as a division of ASML. (Id. at ¶ 3.) Brion developed unique and proprietary techniques to perform computational lithography from which ASML derives hundreds of millions of dollars in revenue each year. (Ibid.) In 2014, Xtal was founded by two former Brion employees. (Id. at ¶ 5.) Though ASML origina...

Excerpt: ...sulting judgment is void and that she is entitled to relief under CCP Section 473(d) and Peralta v. Heights Medical Center (1988) 485 U. S. 80. Defendant argues that she has been deprived of a fair hearing due to extrinsic fraud and is entitled to bring the instant motion at any time provided the party seeking relief acts with diligence upon learning of the relevant facts. Since Defendant claims she did not learn of the default judgment until Dec...

Excerpt: ...iff raised concerns about policies he believed violated federal regulations, compromised patient care, and/or imperiled staff safety. (Id. at ¶¶11, 21, 29, 31.) The County retaliated against him by, among other things, frequently moving him between different clinical sites, cutting his patient time, and refusing to interview or appoint him for positions he was qualified for. (Id. at ¶¶ 11, 31‐ 33, 37, 40, 44.) Eventually, Plaintiff was term...

Excerpt: ...and/or entrusted the motor vehicle to defendant Rosanna Dong. (Complaint, ¶MV‐2.) On July 16, 2015, plaintiff Nancy Foster (“Foster”) filed a Judicial Council form complaint against defendants Rosanna Dong and Li Ming Dong asserting a single cause of action for negligence—motor vehicle. On March 28, 2016, defendant Rosanna Dong (“Dong”) filed an answer to plaintiff Foster's complaint. At a trial setting conference on November 14, 201...

Excerpt: ...pril 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. (Complaint, ¶5.) The address above is the home of Seitzinger's son, Daniel Seitzinger, but he was not at home at the time of purported service and nobody was present to receive copies of the summons and compla...

Excerpt: ...als for improvements to their real property located at 775 Anderson Drive in the City of Los Altos (“the Property”). The reasonable value of Plaintiff's work was $24,878.49, but Defendants only paid a portion of the amount owed, leaving an unpaid balance of $15,050.59. Within 90 days of completing the work, Plaintiff recorded a mechanics lien claim against the Property to collect the amount owed. Plaintiff asserts causes of action against Def...

Excerpt: ... Dezahara Way in Los Altos Hills (“Subject Property”) from November 1, 2016 until December 5, 2017. (Complaint, ¶6 and Exh. 1.) Plaintiff Sandesara completely vacated the Subject Property on December 5, 2017. (Complaint, ¶7.) Plaintiff Sandesara and defendant Gita Kashani completed two “walkthrough” inspections of the Subject Property on December 5, 2017. (Complaint, ¶8.) The only potential damage that defendant Gita Kashani informed p...

Excerpt: ...id McKee (“McKee”) with form interrogatories‐general (“FI”), set one, and request for production of documents (“RPD”), set one.1 On October 17, 2017; November 6, 2017; and November 22, 2017, defendant McKee's counsel requested and plaintiff Speaker's counsel granted extensions of time to serve answers to the FI and RPD.2 Defendant McKee was granted an extension until December 8, 2017 to serve responses to the discovery.3 Plaintiff S...

Excerpt: ...��Complainant Mozilla Corporation's Motion to Compel Plaintiff and Cross‐ Defendant Yahoo! Singapore Digital Marketing Pte. Ltd. to Provide Further Responses to Request for Production (Set 1) (4) Motion to File Under Seal Portions of Defendant and Cross‐Complainant Mozilla Corporation's Documents ISO Motions to Compel Plaintiffs and Cross‐Defendants Yahoo Holdings, Inc., Oath (EMEA) Ltd., and Yahoo! Singapore Digital Marketing Pte. Ltd. to ...

Excerpt: ...0 Felter Road in San Jose (“Brady Parcel”). (Complaint, ¶2.) The Brady Parcel is immediately adjacent to and shares a common boundary with the Hazari Parcel. (Id.) Defendant Brady disputes and denies the true and correct boundary line between the Brady Parcel and the Hazari Parcel. (Complaint, ¶7.) Defendant Brady also disputes and denies plaintiff Hazari's rights in express easements over and across the Brady Parcel. (Id.) Defendant Brady ...

Excerpt: ... 10‐11.) They pulled her pants down and her shirt up, touched her private areas with their hands and a stick, and poured dirt and mud down her pants. (Ibid.) During the first attack, only Plaintiff and the two boys were present. (Id. at 10.) On the second occasion, the boys brought another boy to watch and participate. (Id. at 11.) This third boy told another student and the two of them told the playground aide what was occurring behind the she...

Excerpt: ... statement which was contained in Plaintiff's moving papers. “The objections made assumed that Dr. Lowenberg performed surgery on April 29, 2013 when it has been clearly demonstrated that this was impossible unless Dr. Lowenberg was insane or under the influence or attempting to commit a criminal assault”. (Motion 4:1‐ 3) The Court admonishes Plaintiffs' counsel that these sort of statements are unprofessional, disrespectful, and very inapp...

Excerpt: ...ermal Partners, L.P.; Calpine Sonoma, Inc.; Calpine Geysers Company, L.P.; Geysers Power I Company; Geysers Power Company, LLC; and Calpine Corporation (“Calpine”) (collectively “Defendants”). Calpine is the successor‐in‐interest to Freeport and the remaining defendants are all subsidiaries of Calpine. As alleged in the Second Amended Complaint (“SAC”), in May 1987, SAI Geothermal, Inc. (“SAI”) and Freeport entered into an agr...

Excerpt: ...er he complained of substandard patient care that was occurring at the Santa Clara Valley Medical Center. As alleged in the Complaint, the County employed Plaintiff as a psychiatrist for a period of around five years. (Complaint, ¶¶ 9, 44.) During this time, Plaintiff informed Ho – his supervisor – that her policies violated a Food and Drug Administration (“FDA”) mandate. (Id. at ¶ 11.) Specifically, Ho was posting him to a juvenile of...

Excerpt: ...id McKee (“McKee”) with form interrogatories‐general (“FI”), set one, and request for production of documents (“RPD”), set one.3 On October 17, 2017; November 6, 2017; and November 22, 2017, defendant McKee's counsel requested and plaintiff Speaker's counsel granted extensions of time to serve answers to the FI and RPD.4 Defendant McKee was granted an extension until December 8, 2017 to serve responses to the discovery.5 Plaintiff S...

Excerpt: ...id McKee (“McKee”) with form interrogatories‐general (“FI”), set one, and request for production of documents (“RPD”), set one.12 On October 17, 2017; November 6, 2017; and November 22, 2017, defendant McKee's counsel requested and plaintiff Speaker's counsel granted extensions of time to serve answers to the FI and RPD.13 Defendant McKee was granted an extension until December 8, 2017 to serve responses to the discovery.14 Plaintif...

Excerpt: ... in favor of plaintiff Gold in the amount necessary to prevent foreclosure of the Property plus plaintiff Gold's expenses in documenting the loan, and defendant Sims would sign and record a deed of trust to secure the loan against the Property. (Complaint, ¶4.) On or about March 15, 2016, defendant Sims signed a promissory note in the amount of $20,000. (Complaint, ¶5 and Exh. 1.) On or about March 31, 2016, plaintiff Gold provided defendant Si...

Excerpt: ...fendants”) negligently constructed the wooden, job‐made portable ladder being used by plaintiff Johnathan E. Looper (“Looper”) at the time of the incident by failing to equip the ladder with a rope. (Complaint, First Cause of Action, ¶GN‐1.) As a result, plaintiff Looper was harmed. (Id.) Plaintiff Looper was injured while working as an ironworker for Schuff Steel and working on real property occupied and controlled by Defendants. (Com...

Excerpt: ...e, and royalty‐bearing license for intellectual property rights relating to Electroglas semiconductor wafer prober stations (“Intellectual Property”). (Complaint, ¶7.) Section 3.05 of the IPLA requires defendant CPSI to permit FormFactor or FormFactor's accountant or auditor to conduct an audit of defendant CPSI's use of the Intellectual Property and of defendant CPSI's books, records, and any and all data to verify defendant CPSI's compli...

Excerpt: ...to be performed by plaintiff CSNI on behalf of patient “G.H.” would be paid. (Complaint, ¶BC‐1.) The UCR in the geographical area of plaintiff for the services rendered on behalf of defendants' insured patient is $93,500. (Complaint, ¶BC‐4.) Defendants agreed to pay 60% of the UCR, or $56,100. (Id.) Defendants paid $13,735.80. (Id.) Defendants failed to pay $41,539.89. (Complaint, ¶¶BC‐2 and BC‐4.) On February 20, 2018, plaintiff ...

Excerpt: ... “in connection with one or more proposed Transactions” as set forth in the Agreement. (Complaint, ¶11 and Exh. A.) As compensation for Mavericks' services, Cesca agreed to pay Mavericks a monthly retainer fee (“Commitment Fee”) of $25,000 plus a “Transaction Fee” should any of several possible transactions between Cesca and a third‐party transpire during the term of the Agreement or within a “Tail Period” of up to 24 months fo...

Excerpt: ...ler (“Noemi”) (collectively “Plaintiffs”). As alleged in the First Amended Complaint (“FAC”), Plaintiffs own property located at 18910 Pendergast Avenue, Cupertino, CA (“Subject Property”). On December 7, 2005, Plaintiffs obtained a loan from Washington Mutual Bank, F.A. (“WaMu”) which they secured by a deed of trust (“DOT”) on the Subject Property. (FAC, ¶¶ 1, 7.) The DOT named WaMu as the lender, Washington Mutual Bank...

Excerpt: ...ant MAPFRE misrepresented the coverage plaintiff Rubino could obtain for his 2000 Jaguar XJR. (FAC, pp. 2 – 3.) On September 22, 2017, plaintiff Rubino's car was hit on 11th Street in San Jose while plaintiff was at work. (FAC, p. 3.) Plaintiff found damage consistent with a trash bin. (FAC, p. 3.) MAPFRE opened a claim. (FAC, p. 3.) Plaintiff Rubino was fully aware he had minimum liability insurance coverage. (FAC, p. 3.) Plaintiff Rubino alle...

Excerpt: ...xecuted an operating agreement shortly thereafter. (Complaint, ¶¶ 6‐7.) Around 2012, Plaintiff received a twenty‐five percent (25%) ownership interest in Strategic pursuant to a membership interest transfer agreement. (Id. at ¶ 8.) Plaintiff believes Mercer owns the remaining seventy‐five percent (75%) interest in the company. (Ibid.) Plaintiff does not have a copy of Strategic's operating agreement or a clear understanding of his rights...

Excerpt: ... In the Complaint, Plaintiff alleges that Defendants violated the RFDCPA by sending an initial written communication to Plaintiff and the putative class in an attempt to collect a debt which does not include the notice required by California Civil Code Section 1812.700(a). After months of litigation and settlement discussions, the parties have reached a settlement. Plaintiff now moves for an order preliminarily approving the settlement, provision...