Excerpt: ... against Petitioner at rates up to $5000 per day. Petitioner contends that it was able to successfully obtain injunctive relief against the City's impairment of its due process rights and successfully defend against the Respondent's punitive actions in the trial court and on appeal. Petitioner further contends that the litigation resulted in the Court mandating that the Respondent City correctly apply the zoning ordinance and also led to the Resp...

Excerpt: ... Communities, Inc. and Bay CountryBrook, LP, the alleged owners or managers of the Property1 . The operative complaint, the First Amended Complaint (FAC) was filed on August 9, 2021. Defendants filed a demurrer on March 18, 2022. Plaintiff filed opposing papers on June 8, 2022, to which Defendants replied on June 14, 2022. From September 2014 to June 2020, Plaintiffs resided at the Property as tenants on an annual lease. (FAC ¶ 11.) The lease te...

Excerpt: ...��). The original Complaint in this matter was filed on March 16, 2021. It stated claims for: (1) Breach of Contract; (2) Rescission of Contract; (3) Cancellation of Instruments, and; (4) Declaratory Relief against several defendants, including Bank of America, Real Time Resolutions, Inc., and the Bank of New York Mellon. Plaintiffs then sought a preliminary injunction which was granted by the Court (Hon. Ibarra) on June 8, 2021, blocking any sal...

Excerpt: ...ADA”). (First Amended Complaint (“FAC”), ¶¶ 41‐44, 61‐64.) Defendant agreed to indemnify Plaintiffs for any negligent or willful act or omission that arose from Defendant's work on the stadium. (FAC, ¶¶ 58‐60.) Plaintiff learned through discovery that Defendant had discontinued use of the mandated ADA specialist and ignored the specialist's advice without Plaintiff's knowledge. (FAC, ¶¶ 74‐78.) Plaintiffs further allege that t...

Excerpt: ...e and the federal Americans with Disabilities Act (“ADA”). Plaintiffs allege that this noncompliance has led to two lawsuits being filed against them in federal court on October 12, 2015 and December 7, 2016 (see First Amended Complaint [“FAC”] at ¶4).1 The FAC at ¶4 alleges that that both lawsuits (referred to as the “underlying actions”) were filed “[a]s a result of HNTB's errors, omissions and fraud.” The FAC at ¶34 alleges ...

Excerpt: ...as formed in May 2020 by Plaintiffs Huang and Jin, and Defendants Hsiao and Fan to acquire a sushi restaurant, Sushi King. (FAC, ¶¶ 12‐13.) LLC would subsequently own and operate Sushi King under the name V Sushi. (Id. at ¶ 13.) V Sushi is located at 172 Ranch Drive in Milpitas (“the Property”). (Ibid.) Escrow for the Property was opened in June 2020 between Dunshi Corporation, the seller, and LLC, the buyer. (Id. at ¶ 14.) The purchase...

Excerpt: ... 12.) On September 8, 2019, Plaintiff left Jane Doe in the care of Defendant's son while she went to work. (Id. at ¶ 13.) On the way to picking up Plaintiff from work, Defendant's son opened a nanny camera app and saw Defendant at the foot of Jane Doe's bed. (Id. at ¶ 15.) Defendant's son began to record Defendant approaching Jane Doe while she slept, eventually recording Defendant touching Jane Doe's leg and masturbating to completion. (Id. at...

Excerpt: ...of action: (1) Negligence (based on the duty owed by a common carrier), and; (2) Premises Liability. On June 9, 2021 Plaintiff dismissed her second cause of action, leaving only the Negligence claim alleged against Defendant. The first cause of action alleges, on information and belief only, that Defendant was negligent in maintaining the bus stairs, and that they were in an unspecified “dangerous and defective condition” when Plaintiff fell....

Excerpt: ...ed Complaint (FAC) was filed on August 9, 2021. Defendants filed a demurrer on March 3, 2022. Plaintiff filed opposing papers on May 12, 2022, to which Defendants replied on May 19, 2022. From September 2014 to June 2020, Plaintiffs resided at the Property as tenants on an annual lease. (FAC ¶ 11.) The lease terms require Plaintiffs to pay a monthly rent of $2,474.00, and the security deposit was $750.00. (Ibid.) The lease also contained an atto...

Excerpt: ...ount/account stated). On October 12, 2021 Defendant filed an Answer to the Complaint stating several affirmative defenses including, as the seventh affirmative defense, the assertion that “there is no contractual relationship or agreement between the Plaintiff or the Plaintiff's assignor and the Defendant.”3 Currently before the Court is Plaintiff's motion for summary judgment. Defendant opposes the motion. I. Request for Judicial Notice “J...

Excerpt: ... January 2002 through February 2021. (Complaint, ¶¶ 1, 11.) In November 2016, Plaintiff filed an age discrimination law suit against Defendant in federal court, case no. 5:16‐cv‐06866. (Complaint, ¶¶ 12, 35.) In February 2018, Plaintiff settled the federal law suit against the County. (Id. at ¶ 47.) Accordingly, Plaintiff alleges that he was engaged in continuous protected activity throughout the duration of the federal law suit. (Id. at...

Excerpt: ...s sometimes referred to a proceeding 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 citations omitted).) The original complaint, a form co...

Excerpt: ... various Does, all based on Plaintiff being bitten by bedbugs while staying at the Hotel Vue: (1) Breach of the Implied Warranty of Habitability; (2) Battery; (3) Negligence (Premises Liability/Failure to Warn); (4) Nuisance; (5) Intentional Infliction of Emotional Distress; (6) Negligent Infliction of Emotional Distress; (7) Breach of Contract; (8) Breach of the Covenant of Quiet Enjoyment, and; (9) Fraudulent Concealment. On February 8, 2022 Pl...

Excerpt: ... Le as he had an extra‐ marital relationship with Defendant when she allegedly breached their agreement and took control of the real property they had purchased together. In support of the motion, Plaintiffs make the following arguments: (1) CCP 1987.1 provides the basis for Plaintiffs to quash or seek to modify a subpoena: (2) the subpoena at issue violates the privacy rights of Plaintiff Le as it seeks information that is protected by the mar...

Excerpt: ... Plaintiff's Student Driver Trainee Program. (Id. at ¶ 5.) The program is required to apply for a commercial driver's license, which was required to operate a commercial bus for Plaintiff. (Ibid.) Upon completion of the program, Plaintiff had the option to hire the individual as a bus driver. (Ibid.) Defendant was offered temporary employment and an hourly wage of $10.30 for participating in the program. (Id. at ¶¶ 5‐6.) Defendant was inform...

Excerpt: ...May, 2015 through 2020, WSBC represented Plaintiff in the prosecution of her Petition to Reform a trust filed in 2012 in the San Mateo County Superior Court. Plaintiff's underlying Petition to Reform was filed to seek relief from various drafting mistakes made by Defendant and their attorney, Bruce Roberts, made in drafting the trust documents. Plaintiff's current malpractice action filed in June of 2021 seeks damages from the same drafting error...

Excerpt: ... was filed on August 3, 2020. After a stipulation by the parties that Plaintiff could amend again was entered on April 19, 2021 the operative Second Amended Complaint (“SAC”) was filed on April 23, 2021 and again on May 10, 2021. The SAC states six causes of action (none of which are listed on the caption page): (1) Fraud (no intent to perform), alleged against Cheng and Fan; (2) Intentional Interference with Contractual Relationship, alleged...

Excerpt: ...‐9.21 and the second is to enforce Government Code §25132. Pursuant to the proof of service filed by the County on February 22, 2022, Defendant was served with the Complaint on February 15, 2022. Defendant 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. Furthe...

Excerpt: ...aintiff's] employment with the Company.” Defendant contends that all of the claims asserted in the instant litigation relate to Plaintiff's employment with Defendant and should be ordered to binding arbitration pursuant to the terms of the Arbitration Agreement signed by the Plaintiff. In support of their motion, Defendants make the following arguments: (1) a valid agreement to arbitrate exists as Plaintiff signed an Agreement which provides fo...

Excerpt: ...aud claim, there is no justification for the failure to bring the matter to trial within the statutory time frame set forth in CCP 583.310. The moving papers argue that if an action is not brought to trial within the prescribed time, dismissal is mandatory on the motion of any party or on the court's own motion pursuant to CCP 583.301 and 563.360. In support of their motion, Defendants argue that the trial court jurisdiction was never suspended o...

Excerpt: ...n on April 19, 2022. II. Legal Standard As a preliminary matter, Plaintiff is proceeding in propria persona (selfrepresented). “[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,...

Excerpt: ...a claim for Financial Elder Abuse. The FAC also added Patty Goodwin, individually and dba Goodwin Property Management, as a defendant (“Defendant.”) Defendant previously brought a demurrer to and motion to strike portions of the FAC, which Plaintiff opposed, set for hearing on December 14, 2021. In advance of the hearing the Court posted its tentative ruling, sustaining the demurrer to the FAC's second cause of action with leave to amend on t...

Excerpt: ...through February 2021. (Complaint, ¶¶ 1, 11.) In November 2016, Plaintiff filed an age discrimination law suit against Defendant in federal court, case no. 5:16‐cv‐06866. (Complaint, ¶¶ 12, 35.) In February 2018, Plaintiff settled the federal law suit against the County. (Id. at ¶ 47.) Accordingly, Plaintiff alleges that he was engaged in continuous protected activity throughout the duration of the federal law suit. (Id. at ¶ 35.) Howev...

Excerpt: ...l 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 responsibilities as trustees of the Barbaccia Trust to Mr. Previte and fixing compensation for his...

Excerpt: ...st Plaintiffs Tal Lavian, VisuMenu, Inc., and Aybell, LLC (collectively, “Plaintiffs”). I. Facts A. Background On July 11, 2018, Zvi Or‐ Bach filed a verified complaint in the Superior Court of California for the County of Santa Clara, initiating the Underlying Action against plaintiffs of the instant matter, VisuMenu Inc., Aybell Inc., Tal Lavian, and DOES 1‐ 100. (Complaint, ¶ 24; see also Complaint, Exhibit A.) Plaintiffs of the insta...