Excerpt: ... Offer.1 (FAC, ¶ 5.) In 2017, Defendant offered members of the management group change of control severance benefits to provide job security and encourage retention as the company began working towards an initial public offering. (Id. at ¶ 7.) Defendant offered the benefits as an amendment to her Employment Offer (“Change of Control Amendment”), and Plaintiff accepted the change. (Ibid.) The Change of Control Amendment provided for severanc...

Excerpt: ...egligence and; (2) Premises liability. There are no exhibits attached to the Complaint. There are also cross‐actions. On January 9, 2020 Defendant DL Bar filed both an answer to the Complaint and a cross‐complaint stating cross‐claims for: (1) Partial Indemnity; (2) Total Indemnity; (3) Equitable Indemnity; (4) Contribution, and; (5) Declaratory Relief against “Roes 1‐20” only. There are no exhibits attached to DL Bar's cross‐compla...

Excerpt: ...) section 395, subdivision (a) from San Mateo County because venue was proper in Santa Clara County, where Defendant resided at the commencement of the action. On April 15, 2022, the Court granted Defendant's motion to strike portions of Plaintiff's verified complaint, permitting Plaintiff 10 days' leave to amend. On April 22, 2022 Plaintiff filed the operative complaint, First Amended Complaint for Declaratory Relief (“FAC”). On May 17, 2022...

Excerpt: ...ons of Plaintiff's rights under the state and federal constitutions and/or intentionally inflicted emotional distress. As 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 rul...

Excerpt: ...ber 30, 2021, Plaintiff filed a First Amended Complaint (“FAC”) on December 10, 2021. Defendant subsequently filed a demurrer on January 3, 2022. After the demurrer was heard on March 18, 2022, Plaintiff filed the operative complaint, the Second Amended Complaint (“SAC”), on April 4, 2022. Defendants request judicial notice in support of Defendant's Demurrer to the SAC. Plaintiff filed opposition papers on July 20, 2022, to which Defendan...

Excerpt: ...oss‐Complaint ¶¶ 10‐11, 16.) Vergonio further alleges that Credit One Bank, N.A., subsequently sold, assigned, or transferred the alleged debt to FNBM, LLC. (Id. at ¶ 12.) Vergonio alleges that, despite receiving the final payment in December 2019, FNBNM, LLC treated the alleged debt as a loss or expense and sold the debt in August 2020 to Sherman Originator III, LLC. (Id. at ¶¶ 12‐14.) Vergonio contends that the alleged debt is subjec...

Excerpt: ...on of PAGA. The Complaint alleges (at ¶8) that Plaintiff was employed by Defendant from approximately June 2018 to January 2020. Under PAGA, an aggrieved employee may bring a civil action personally and on behalf of other current or former employees to recover civil penalties for Labor Code violations. (Iskanian v. CLS Transp. Los Angeles, LLC (2014) 59 Cal.4th 348, 380.) Currently before the Court is Defendant's motion to dismiss this PAGA acti...

Excerpt: ...”) originally also included New York Life Insurance Company (“NY Life”), the company that issued the policy, as a defendant but NY Life is no longer in the case. Plaintiffs' original and still operative Complaint in the 2018 case was filed November 5, 2018 and stated three causes of action: 1) Declaratory Judgment; 2) Prohibitory Injunction (against NY Life only), and; 3) Mandatory Injunction (against NY Life only). On March 11, 2019 the Co...

Excerpt: ... Magic Sands MHP LLC (hereinafter GBR) filed its Opposition to the Motion for Writ on July 27, 2022 along with its own Request for Judicial Notice. On August 2, 2022, Plaintiffs filed a Reply to the Opposition to the Motion for Writ, filed Objections to GBR's Request for Judicial Notice, and filed another Request for Judicial Notice in Support of its Reply. GBR filed a Reply to the Objections to its Request for Judicial Notice on August 2, 2022. ...

Excerpt: ...of action: (1) Professional Negligence; (2) Breach of the Implied Covenant of Good Faith and Fair Dealing, and; (3) Reformation of Contract. The FAC also added Travelers Insurance Company of America (“Travelers”) as a defendant under the second and third causes of action. Currently before the Court is Travelers' demurrer to the FAC, which is opposed by Plaintiffs. I. Demurrer to the FAC The Court in ruling on a demurrer treats it “as admitt...

Excerpt: ...) denied with prejudice Plaintiff's application for a right to attach order and order for writ of attachment. Currently before the Court is a demurrer to the Complaint by Defendants NC Fit, Inc. fka Khalipa, Inc., NC Fit Group, Inc., and Jason Khalipa (“Defendants”) filed on May 4, 2022. The demurrer is opposed by Plaintiff. I. Request for Judicial Notice “Judicial notice may not be taken of any matter unless authorized or required by law.�...

Excerpt: ... alleging that he physically attacked Plaintiff “at or near the premises” of a Tau Kappa Epsilon fraternity house in Santa Clara “very late in the evening of January 25, 2020 or the wee hours of January 26, 2020,” (Complaint at ¶3) and; (2) Negligence, alleged against Defendant Tau Kappa Epsilon, Inc. (“TKE”) only, on a premises liability theory. While admitting (Complaint at ¶9) that “the attack occurred a few feet off the TKE pr...

Excerpt: ...ber 30, 2021, Plaintiff filed a First Amended Complaint (“FAC”) on December 10, 2021. Defendant subsequently filed a demurrer on January 3, 2022. After the demurrer was heard on March 18, 2022, Plaintiff filed the operative complaint, the Second Amended Complaint (“SAC”), on April 4, 2022. Defendants request judicial notice in support of Defendant's Demurrer to the SAC. Plaintiff filed opposition papers on July 20, 2022, to which Defendan...

Excerpt: ...operties Holdings, LLC and CGB Investments, LLC, the Barbaccias owned and managed four commercial properties: the Palm Valley Apartments; the Magic Sands mobile home park; Villa Teresa mobile home park; and La Buona Vita mobile home park. (FAC, ¶¶ 3–4, 7–8.) The Barbaccias' family friend Jack Previte managed their businesses and finances for many years. (FAC, ¶ 7.) In 2004, they executed a 10‐year management agreement delegating their re...

Excerpt: ...nd Whitney was a passenger in the Vehicle. (Id. at ¶¶ 4 & 6‐7.) As Mulder approached the intersection, he made a careless, negligent, and unsafe left turn onto North Milpitas Boulevard. (Id. at ¶¶ 7, 9‐10, & 14.) Mulder allegedly violated Vehicle Code section 21801 by making the unsafe left turn. (Id. at ¶ 14.) As a result of Mulder's conduct, a car travelling southbound on North Milpitas Boulevard collided with the Vehicle and caused Wh...

Excerpt: ...ed and scarred by hot wax spilling from an allegedly faulty pouring can. (FAC, GN9.) Specifically, Plaintiff alleges the following causes of action: 1. General Negligence 2. Strict Products Liability 3. Strict Liability for Defect in Design, Manufacture, and Assembly 4. Strict Liability for Defect Based on Failure to Warn of Danger 5. Strict Liability for Defect Based on Instructions on Assembly or Use that were Inadequate to Avoid Danger or Inju...

Excerpt: ...022. On or about March 29, 2015, Plaintiff entered into a warranty contract with Defendant General Motors (“Defendant”) for a 2013 Chevrolet Cruze vehicle (“Vehicle”). (First Amended Complaint [“FAC”], ¶ 6.) Plaintiff received multi‐year and/or mileage‐based warranties for the Vehicle, which stipulated that Plaintiff could deliver the Vehicle for repair services so long as the defect occurs during the warranty period. (Id. at ¶ ...

Excerpt: ...ndants and various Doe defendants. As a form complaint it provides limited information. The first cause of action for motor vehicle negligence is alleged against all defendants, including the various Does. The narrative portion of the attachment for the first cause of action alleges in pertinent part that Defendant “Bang Zuan Ngo was careless in his attention, perception, knowledge, memory, skill, safety judgment and otherwise negligent in the ...

Excerpt: ... the demurrer on March 16, 2022, and Defendant filed a reply on April 8, 2022. A motion to strike Defendants' amended verified answer filed on May 13, 2022 is also before this Court. Defendants' contest the motion in an opposition filed on June 2, 2022. II. Request for Judicial Notice “In ruling on a demurrer, a court may consider facts of which it has taken judicial notice. (Code Civ. Proc. § 430.30, subd. (a).) This includes the existence of...

Excerpt: ...8 directed at the original complaint which was set for hearing on July 31, 2018. On June 14, 2018 Attorney Stephen Ilg filed a notice of appearance indicating that he was now representing Plaintiff. Plaintiff's Counsel failed to file any opposition to the demurrer or motion to strike, but instead waited until 2:34 p.m. on July 30, 2018—the day before the hearing—to file an untimely purported First Amended Complaint still alleging the same two...

Excerpt: ...d upon acceptance in 2021, the parties formed a joint venture partnership and agreed to share the risks and rewards of the business. (Complaint, ¶ 3.) In June and July 2021, the parties continued to work on the joint venture partnership and expanding its brand. (Id. at ¶ 4.) The parties also met and represented an equal commitment to completing the Botha‐Chan program and to continue the joint venture partnership as equal partners. (Id. at ¶ ...

Excerpt: ...aint in this action was filed on December 28, 2017 and stated claims for breach of contract (of the 2014 settlement agreement in case no. 113CV251320), rescission (of the same settlement agreement) and unfair debt collection practices against three defendants: Defendant Ditech Financial LLC (“Ditech”), Defendant Countrywide Home Loans, Inc. (“Countrywide”) and Bank of America, NA (“BANA”). A First Amended Complaint (“FAC”) was fil...

Excerpt: ...ded Complaint (“FAC”) was filed on July 30, 2021 to include Defendant County and is the operative complaint. Venue was changed by the parties' stipulation on September 21, 2021. Defendant County filed the demurrer on April 15, 2022. In response, Plaintiff filed an Opposition on June 17, 2022. Defendant County filed a Reply on June 23, 2022. Plaintiff was a foster child under the care of Defendant Clyne from April 1995 to April 1998 under the ...

Excerpt: ...purchased the Vehicle. (See id., ¶¶ 12‐19.,) In connection with the purchase, Plaintiff received an express written warranty, including a 3‐year/36,000 mile express bumper to bumper warranty, a 5‐year/60,000 mile powertrain warranty, which covers the engine and transmission. (Id., ¶ 9.) Plaintiff also received an 8‐ year/100,000 mile hybrid electrical components warranty and additional coverage under Customer Satisfaction Program (CSP)...

Excerpt: ...county when the contract was entered into, Defendant currently lives in this county, and the contract was to be performed in this county. (Id., ¶ 7.) In July 2020, Plaintiff and Defendant allegedly agreed to the terms of the contract attached as Exhibit A to the Complaint. (Cause of Action – Breach of Contract, ¶ BC‐1.) Plaintiff further alleges that Defendant breached the written agreement by failing to repay Plaintiff pursuant to the cont...