Excerpt: ...aint alleging that the inclusion of certain information in the Complaint (information regarding a certain customer of Defendant), and not the filing of the Complaint itself, violated a Confidentiality and Non‐Disclosure Agreement (“NDA”) Plaintiff had entered into with Defendant. The Cross‐Complaint states a single cause of action for Breach of Contract (the NDA). Currently before the Court is Plaintiff's special motion to strike the Cros...

Excerpt: ...n Counts and Negligence against several defendants: Greg Broiles, Emily Leonard, William Leonard, Chicago Title Company, Eugene Williams, Ronnie Ubungen and Does. On March 4, 2021 the Court heard the demurrer to the FAC brought by Defendant Chicago Title Company (“CTC”). Plaintiff failed to timely oppose that demurrer. CTC's demurrer to all three causes of action as alleged against it was sustained by the Court in a formal order issued March ...

Excerpt: ... are parties in a currently ongoing marital dissolution action, In re Marriage of Allison Huynh and Scott Hassan, 2015‐6‐ FL‐013853. The original Complaint in this action was filed on July 28, 2020 and stated three causes of action, each alleged against both Defendants: 1) Breach of Fiduciary Duty; 2) Intentional Interference with Prospective Economic Advantage, and; 3) Negligent Interference with Prospective Economic Advantage. Defendants ...

Excerpt: ...es Due and Owing (violation of Labor Code §200, et seq.); (3) Breach of Contract; (4) Breach of the Implied Covenant of Good Faith and Fair Dealing, and; (5) Unfair Competition. Currently before the Court is Defendant's demurrer to the FAC's second through fifth causes of action, opposed by Plaintiff. I. Demurrer to the FAC The Court in ruling on a demurrer treats it “as admitting all material facts properly pleaded, but not contentions, deduc...

Excerpt: ...ky), and; (3) Fraud (against Defendant Mazzocone). Each cause of action is expressly based on Defendants' alleged actions and statements in a prior civil harassment suit Plaintiff brought against Defendant Zhukovsky in which he was represented by Defendant Mazzocone, Firsov v. Zhukovsky, 19CH008808. That action was dismissed by Plaintiff on December 3, 2019. Thereafter the Court (Hon. Arand) ordered Plaintiff to pay Defendant Zhukovsky's attorney...

Excerpt: ...“furnish labor, service, equipment and materials for a work of improvement on the Property.” (Complaint at ¶9.) The “Property” is not identified in the Complaint. Plaintiff alleges that “[b]etween August 4, 2015 and February 2017” it performed work pursuant to the contract and is still owed $180,042.43. The Complaint states claims for: (1) Breach of Written Contract1 (against Defendant Allied and Does); (2) Quantum Meruit (against Al...

Excerpt: ...o allegedly breached by failing to pay the amount due); (2) Common Counts (based on the same alleged failure to pay), and; (3) Fraud (based on the allegation that Motocho never intended to pay on the contract). Motocho filed an Answer to the Complaint and a Cross‐Complaint against Plaintiff on March 30, 2021. On July 19, 2021 Plaintiff filed a purported Doe Amendment pursuant to CCP §474, alleging in pertinent part that “Plaintiff has discov...

Excerpt: ...dants. The action is based on alleged statements by Defendant Bearden who is allegedly employed by Defendant YSP. As noted Plaintiff is self‐represented, which is 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 ...

Excerpt: ...ion of Labor Code §98.6; 3) Breach of Contract (based on alleged failure to pay earned sales commissions); 4) Breach of the Implied Covenant of Good Faith and Fair Dealing (based on the same breach of contract as the third cause of action); 5) Failure to Pay Wages (alleging violations of Labor Code §§201, 202, 204, 208, 216 & 218); 6) Common Count; 7) Violation of Labor Code §203 (failure to pay all earned wages at termination); 8) Conversion...

Excerpt: ...This case has been consolidated with case no. 20CV269589. The original complaint in this action was filed on June 13, 2019. The operative Third Amended Complaint (“TAC”) was filed on February 5, 2021. The TAC states claims for: (1) Alter Ego Liability (against CMS and Perice Sibley); (2) Fraudulent Transfer of Property (Elmwood Court property, alleged against Perice Sibley and both Prosper Equity, Inc. corporations); (3) Fraudulent Transfer o...

Excerpt: ...scrimination in violation of FEHA, (2) retaliation in violation of FEHA, and (3) unpaid wages. There were no allegations of harassment or wrongful termination in violation of FEHA stated in the original complaint. The operative first amended complaint (“FAC”) was filed on October 16, 2019 and states claims for (1) Discrimination (on the basis of age and gender) and Harassment (with the harassment allegation added for the first time in October...

Excerpt: ...e loan agreement), based on Defendant's alleged failure to repay the loan as agreed after having made false representations about his intent and ability to repay; (2) Fraud (based on Defendant's allegedly intentional misrepresentation of his willingness and ability to repay the loan for the purpose of inducing Plaintiff): (3) Misrepresentation (also based on Defendant's allegedly false statements to Plaintiff regarding his ability to repay the lo...

Excerpt: ... against him which was affirmed by the Court of Appeal. According to the moving papers, CCP 425.16 mandates an award of reasonable attorney's fees if the court finds that Guerra's Anti‐SLAPP motion was either frivolous or solely intended to cause unnecessary delay. Defendant's moving papers argue that Guerra's underlying motion and subsequent appeal satisfies both prongs and the court should award attorney's fees. In support of the motion, Defe...

Excerpt: ... repairing a common roadway area and a gate on Felter Road leading into the common roadway area together with issues concerning animals in a common well areas. The moving papers argue that the time within which to challenge the award has passed as Respondent had 100 days to challenge the award pursuant to CCP 1288 and failed to do so. The moving papers also argue that Respondent was a sophisticated business woman who was bound by the 2016 Settlem...

Excerpt: ...uest for Production 27 seeks “any and all communications between you and any other Plaintiff in these consolidated lawsuits from Oct. 1, 2017 to the current.” Plaintiffs objected to these two requests on a variety of grounds including, but not limited to, overbreadth, burden, privacy rights, not reasonably calculated to lead to the discovery of admissible evidence and privilege. The current motion is opposed by Plaintiffs. In their moving pap...

Excerpt: ...the Cross‐Complaint, on January 7, 2020, Dr. Nguyen performed surgery on To at Regional Medical Center. (To's First Cause of Action – General Negligence, p. 1, ¶ 1.)2 Dr. Nguyen removed two kidney stones from To, but failed to remove a third kidney stone. (Id. at ¶ 2.) The third kidney grew and blocked To's bile tract. (Ibid.) As a result, To passed out and was transported to O'Connor Hospital in San Jose, California by ambulance. (Id. at �...

Excerpt: ...Contract (RISC) for the subject vehicle, which showed that the Seller (Defendant Top Notch) had not assigned the RISC to anyone. The operative First Amended Complaint (“FAC”) was filed on March 7, 2019 and states six causes of action against Defendants Top Notch, The Golden 1 Credit Union (“Golden 1”), American Safety Casualty Insurance Company (“American Safety”) and various Does: (1) Violation of the Consumers Legal Remedies Act (�...

Excerpt: ...on 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 threats made to him and other workers (Joseph Schmidt and Rodney Kowalski)...

Excerpt: ... Pure Wafer, Inc. and who then later founded and/or worked for Defendant Tier 1 Silicon LLC after leaving Pure Wafer's employ. The original Complaint filed April 20, 2020 stated claims for: (1) Breach of written contract (against Defendant Sedillo only); (2) Breach of written contract (against Defendant Mee only); (3) Breach of Duty of Loyalty (against Defendants Sedillo and Mee only); (4) Breach of Fiduciary Duty (against Defendants Sedillo and ...

Excerpt: ...alifornia (“the Premises”) using a non‐registered DBA known as University Chiropractic. (Ibid.) The original lease term was from April 1, 2011 to December 31, 2017. (Ibid.) Contemporaneously, Defendant executed a “GUARANTY OF LEASE” (“Guaranty”) concerning the Premises. (Complaint, ¶ 7.) After, Defendant took possession of the Premises and began to pay all sums due as required by the lease. (Complaint, ¶ 8.) On or about November 1...

Excerpt: ...ntain View and the Cal. Dept. of Transportation (”Caltrans”). Both defendants filed demurrers to the Complaint. Plaintiff dismissed the City of Mountain View as a defendant on June 17, 2021. The operative First Amended Complaint (“FAC”) was filed on August 24, 2021, mooting the demurrers to the original complaint. The FAC states two causes of action: (1) Negligence, and; (2) Dangerous Condition of Public Property, both now alleged only ag...

Excerpt: ...ion alleged in the original complaint: (1) False Advertising (violation of Bus. & Prof. Code §17500); (2) Unfair Competition (violation of Bus. & Prof. Code §17200); (3) Breach of the Implied Covenant of Good Faith and Fair Dealing; (4) Fraud (based on alleged false representations/misrepresentations); (5) Negligent Misrepresentation (based on the same alleged misrepresentations, compare FAC at ¶¶65‐68 with ¶¶71‐74), and; (6) Negligence...

Excerpt: ...ting with a claim for Financial Elder Abuse. The FAC also added Patty Goodwin, individually and dba Goodwin Property Management, as a defendant. The FAC is not particularly well pled and does not comply with Rule of Court 2.112, which states that: “Each separately stated cause of action, count, or defense must specifically state: (1) Its number (e.g., ‘first cause of action'); (2) Its nature (e.g., ‘for fraud'); (3) The party asserting it i...

Excerpt: ...ey and Carlson are collectively referred to as “District Employees”) The cases are: 1) Jane Doe v. Union Sch. Dist., et al., 19CV343088; 2) Jane Doe 2 v. Union Sch. Dist., et al., 19CV343101, and; 3) Jane Doe 1 and 2 v. Union Sch. Dist., et al., 19CV348167. Defense Counsel are the same in all three cases and Plaintiffs' Counsel are the same in case nos. 19CV343088 and 19CV348167. These cases were consolidated by the Court for all purposes, ex...

Excerpt: ...atory and injunctive relief. Currently before the Court is the 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 Health (“Defendants”). Plaintiff opposes the motion. Request for Judicial Notice “Judicial notice may not be taken of any matter unless author...