Excerpt: ... Nguyen are not related. Plaintiffs' original complaint was filed on April 7, 2021. The operative pleading was the Second Amended Complaint (“SAC”) filed on August 31, 2021. There is also a crossaction brought by Defendant Nguyen. Previously Defendant Nguyen's demurrer to and motion to strike the SAC was scheduled for hearing on January 20, 2022. In advance of the hearing the Court issued a tentative ruling that the demurrer was sustained wit...

Excerpt: ...017, SAS received a work order from Defendant to respond to Happy Hollow Zoo (the “Zoo”), which is operated and controlled by Defendant, to repair and replace its security system and fence damaged by a flood. The Zoo had been flooded with hazardous materials and water from Coyote Creek, which was deposited throughout the work area and presented a threat to all neighboring properties and the public at large. At the time Defendant instructed Pl...

Excerpt: ...tors on site, Silicon Valley Sheetmetal (“SVS”). The Complaint alleges in pertinent part (on the general negligence attachment) that on September 18, 2017 “[w]hile on said construction site, Plaintiff stepped on some overlay which was not secured to the deck under construction nor was it aligned with the deck's perimeter. The overlay lacked sufficient strength to support a person and when Plaintiff stepped on it, he fell to the ground from ...

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. B. Factual Plaintiff alleges that she obtained a home equity line of credit (HELOC) for her Oakland home to generate funds loaned to Defendant. (Complaint, ¶ 4.) By March 30, 2019, Plaintiff's accountant estimated the outstanding loan balance to be $111,489.47, inclusive of accrued inter...

Excerpt: ..., Plaintiff alleges that “Defendant employee Sheriff Deputy Investigator Dan Rodriguez” (“Deputy”) committed negligence by failing to perform the legal duty to prevent or suppress arrays, preserve peace, and arrest individuals who attempt to or have committed a public offense pursuant to Government Code sections 26600‐26602. (SAC, p. 4.) As a consequence of Defendant Deputy's alleged negligence, Plaintiff and her two minor children suff...

Excerpt: ... (2) Wrongful Termination in Violation of Public Policy (based entirely on the first cause of action). The Complaint (at ¶5) alleges that Plaintiff was terminated on January 21, 2019 for violation of Plant Rules and Regulations A‐7 “Fighting, Assault, Horseplay or other disorderly conduct.” The Complaint alleges that this is false and that Plaintiff was actually terminated in retaliation for reporting purported threats of violence made to ...

Excerpt: ...er 28, 2019, Plaintiffs Aguilar and Lochner were dropped off at their school, only to be struck by a vehicle driven by Defendant Grace Hao. (TAC, ¶¶ 34‐39.) On information and belief, Plaintiffs allege that the shadows from nearby structures at the Intersection affected the visibility of pedestrians waiting or beginning to cross the Intersection. (TAC, ¶ 46.) Plaintiffs further allege that the traffic light signals at the Intersection are in...

Excerpt: ...y, and various Does: (1) Breach of Contract (an Equity Reserve Agreement between Defendant and National City Bank, attached to the Complaint as exhibit A, which Plaintiff refers to as a “Note”); (2) Money Lent (alleging that Plaintiff is owed $135,039 representing money lent by Plaintiff's predecessor in interest to Defendants); (3) Money Had and Received (based on the same sum), and; (4) Declaratory Relief (seeking a declaration of “the pa...

Excerpt: ...ded Complaint (“FAC”) filed by Plaintiffs People of the State of California (“State”) and County of Santa Clara (“County”) (collectively, “Plaintiffs”). Defendants request judicial notice in support of Defendants' demurrer. Plaintiffs oppose the demurrer and filed their own request for judicial notice in support of the Opposition. Defendants subsequently filed a Reply to Plaintiffs' Opposition. I. Background A. Factual This is an ...

Excerpt: ...2020, more than three years after the challenged judgment was issued, states a single cause of action titled “Equitable Relief—Set Aside Default Judgment.” It briefly alleges that the proof of service in the prior lawsuit “was incorrect and improper because Mr. Dong did not reside in San Jose, California at the time of service.” (Complaint at ¶8.) Due to this allegedly “improper proof of service in the underlying action, the court ne...

Excerpt: ...Medical Battery; (3) “Recklessness, Willful and Wanton Misconduct, and Conscious Disregard for the Safety of Others,” and; (4) Loss of Consortium, brought solely by Plaintiff John Doe, Plaintiff's Jane Doe's husband. As John Doe is not alleged to have been a patient of Defendants he is only a plaintiff for the fourth cause of action. Currently before the Court are two separate demurrers to the Complaint's second and third causes of action. Th...

Excerpt: ...C”) was sustained with leave to amend because Plaintiffs failed to allege sufficient facts to support the alter ego claim and to articulate against whom Plaintiffs plead each cause of action. I. Background This is an action arising out of various agreements between Plaintiffs and Defendants. Plaintiff Kevin is an individual, Plaintiff GVF is a non‐profit corporation, and Plaintiff 46 & 2 is a limited liability company. (TAC, ¶¶ 3‐5.) In t...

Excerpt: ... of Defendant's Demurrer. Plaintiff has filed an Opposition and Defendant filed a reply to Plaintiff's Opposition. I. Background The original Complaint was filed on March 26, 2021. The FAC was filed on December 10, 2021. Both complaints allege as follows: Defendant is a criminal defense attorney. (FAC at ¶ 3.) In July 2017, Willie was charged in Santa Clara Superior Court with being an accessory to murder. (Id. at ¶ 6.) Plaintiff entered into t...

Excerpt: ... January 24, 2020, added three additional defendants to the case: (1) Intive S.A., a Polish corporation; (2) Enterprise Investors (“Enterprise”), a Polish corporation; and (3) Ludovic Gaude (“Gaude”), a resident of Germany. The FAC also added four additional causes of action, claims for breach of a written options contract against Defendants Intive S.A. and Enterprise (“counts” 3 and 4); and interference with economic advantage and fr...

Excerpt: ...ing causes of action: (1) Negligence (against all Defendants); (2) Negligent Hiring/Retention (alleged against Avis and Does); (3) Negligent Supervision/Failure to Warn (alleged against Avis and Does); (4) Premises Liability (against Avis and Does); (5) Assault (against all Defendants); (6) Battery (against all Defendants); (7) Sexual Battery (against all Defendants); (8) False Imprisonment; (9) Intentional Infliction of Emotional Distress (again...

Excerpt: ... 2020 or the early morning of January 26, 2020, and; (2) Negligence, alleged against Defendant Tau Kappa Epsilon, Inc. (“TKE”) only, alleging that it was in some fashion responsible for Swanson's attack on Plaintiff. The Court (Hon. Kirwan) previously heard Defendant TKE's demurrer to the second cause of action and motion to strike the Complaint's request for punitive damages on September 21, 2021. The Court's tentative ruling was to sustain ...

Excerpt: ...s is an action for dangerous condition of public property. In the operative TAC, filed August 10, 2021, 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. (TAC, ¶ 14.) Plaintiff alleges that the warning surface pad was placed on the sidewalk as part of the 2010 Highway 9 Safety Improvement Pro...

Excerpt: ...ur 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 responsibilities as trustees of the Barbaccia Trust to Mr. Previte and fixing compensa...

Excerpt: ... sought declaratory and injunctive relief. This amended Complaint challenged several restrictions, the most recent of which had been imposed on December 3, 2020. Previously on December 9, 2021 the Court heard a motion for judgment on the pleadings (“JOP”) brought by Defendants Gavin Newsom, in his official capacity as Governor of the State of California, and Tomas Aragon, in his official capacity as the Director of State Department of Public ...

Excerpt: ...aint in this action was filed on December 28, 2017 and stated claims against three defendants: Defendant Ditech Financial LLC (“Ditech”), Defendant Countrywide Home Loans, Inc. (“Countrywide”) and Bank of America, NA (“BANA”). The operative Third Amended Complaint (“TAC”) was filed on July 9, 2021. The TAC for the first time added the Federal National Mortgage Association (“Fannie Mae”) as a defendant. The TAC alleges five num...

Excerpt: ...e claims in this action were assigned to Plaintiff by LinkedIn (“Plaintiff's Assignor”) such that Plaintiff now owns and holds the claims. (Complaint ¶¶ 1, 4.) The obligations and claims were made and entered into, and are due and payable in Santa Clara County. (Id. ¶ 7.) Plaintiff is a collection agency, a corporation duly organized and existing under California law. (Id. ¶ 6.) In the four years before the commencement of this action, De...

Excerpt: ... lawsuit in Missouri which was filed in 2014 and dismissed in 2015 due to Plaintiffs' failure to prosecute. The original (unverified) Complaint in this matter was filed on January 6, 2020. The operative (unverified) First Amended Complaint (“FAC”) was filed a year later on January 6, 2021. The FAC states three causes of action (labeled as “counts”): (1) Breach of Contract (an insurance policy for property located in Missouri); (2) “Vexa...

Excerpt: ...dividual Defendants were employed by Plaintiff. In or around March 2021, Individual Defendants created Rooled, also an accounting software and services company. Individual Defendants forwarded confidential information belonging to Plaintiff to their personal email accounts and poached dozens of Plaintiff's clients for Rooled. The FAC asserts the following causes of action: (1) misappropriation of trade secrets (against all Defendants), (2) breach...

Excerpt: ...egations: n the early morning hours of August 25, 2019, Sunnyvale Police located a stolen car in the parking lot of a bar. Sunnyvale police officers placed a tire deflation device under the tires of the car. Defendant Stop Stick manufactured the deflation device. The officers watched Claudio Perez (“Perez”) exit the bar, enter the car and drive away. Police then tried unsuccessfully to activate the deflation device. The officers then attempte...

Excerpt: ...nd Dixon Development Company, LLC (collectively, “Defendants”) for: (1) Breach of Contract (two promissory notes, alleged against Defendant Sagorac and Doe Defendants only); (2) Fraud (alleged against all Defendants); and (3) Negligent Misrepresentation (alleged against all Defendants). According to the operative complaint, Plaintiffs allege (at ¶ 12) that in May 2011, they each invested $125,000 with Defendants for the purpose of funding De...