Excerpt: ... vehicles. ADESA failed to warn about the dangerous conditions of the racetrack. As a result of the collision, Plaintiff was physically injured, sustained medical bills, property damage, loss of earnings/earnings capacity, pain, suffering, loss of enjoyment of life, and other damages and will continue to sustain such damages in the future. (FAC, ¶ 21.) B. Procedural Based on the foregoing allegations, Plaintiff initiated this action on February ...

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: ...Group, Inc. (“Sereno Group”). (Id. at ¶ 3.) Plaintiffs used French and Sereno Group in their search for a property to purchase. On March 5, 2020, French, on behalf of Plaintiffs, prepared and submitted an offer to purchase a property located at 26540 Conejo Court in Los Altos, California (“Property”). (Id. at ¶ 8.) On March 6, 2020, French told Plaintiffs that the seller had accepted their offer. At this point, Plaintiffs had grown conc...

Excerpt: ...allegations in the Plaintiffs' complaint, but also supports the allegations in the cross‐complaint filed by Previte. In her cross‐ complaint, Previte alleges that Guerra improperly seized power and influence over Lena Barbaccia after both Jack Previte and Cy Barbaccia passed away. She contends that Guerra manipulated his power to further his own interests and cut Previte out of the picture, divesting her of what she was entitled to under the ...

Excerpt: ...n also seeks monetary sanctions for BPH's failure to comply with the Court's Order. According to the moving papers, the May 5th Order required BPH to (1) provide codecompliant responses indicating that all responsive documents have been produced where this was already the case; (2) provide all responsive documents where there is no claim of privilege; and (3) provide a privilege log for documents that were withheld on privilege grounds. Previte a...

Excerpt: ...n‐line and as long as that user creates a user profile and assents to the Terms of Use Agreement. The Terms of Use Agreement is located in a hyperlink adjacent to where the Plaintiff checks that she assents to the Terms of Use. If the hyperlink is accessed, The Terms of Use Agreement includes many pages and has a binding arbitration agreement which, according to Defendants, is called out for the customer on the top of the first page: “THIS TE...

Excerpt: ...7, Willie was charged in Santa Clara Superior Court with being an accessory to murder. (Id. at ¶ 6.) Plaintiff entered into three written fee agreements with Defendant for legal services. In Agreement 1, Plaintiff agreed to pay Defendant a flat fee of $20,000. (Id. at ¶ 9.) Plaintiff paid the $20,000 to Defendant in two installments, in July and September 2017. (Id. at ¶ 11.) The agreement stated that that fee covered representation necessary ...

Excerpt: ...perative Second Amended Complaint (“SAC”), filed July 22, 2021, states claims for: (1) Motor Vehicle Negligence; (2) Negligence per se; (3) Dangerous Condition of Public Property; (4) Vicarious Governmental Liability— Employee; (5) Vicarious Governmental Liability—Contractor, and; (6) Breach of Mandatory Duty against several defendants. The SAC at ¶14 alleges that “Plaintiffs have timely complied with the applicable claims statutes.”...

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: ...sented when the Complaint was filed, meaning they are solely responsible for its contents. Plaintiff Saldinger is no longer a party as he dismissed his claims on Oct. 22, 2019. Plaintiff Barbara Zylbert (hereafter “Plaintiff”) is now selfrepresented, which is sometimes referred to as 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 litigan...

Excerpt: ...��), a California corporation. Plaintiff filed the First Amended Complaint (“FAC”) on January 6, 2020. The FAC raised 10 claims and added Defendants Sofia University and Does 1 through 10. On June 30, 2020, Plaintiff dismissed with prejudice claims 8, 9, and 10 of the FAC. These were the sole claims alleged against Sofia University, and thus the dismissal removed Sofia University as a party. Plaintiff filed the Second Amended Complaint (“SA...

Excerpt: ...ntiffs in federal court, both alleging that stadium failed to fully comply with provisions of the California Building Code and the federal Americans with Disabilities Act (“ADA”). (See First Amended Complaint [“FAC”] at ¶4)1 The original complaint in this action was filed on August 23, 2019. The operative FAC was filed on January 9, 2020 and originally stated claims for: 1) Express Contractual Indemnity (HNTB‐49ers Design Architect Agr...

Excerpt: ...poration; (2) Enterprise Investors (“Enterprise”), a Polish corporation; and (3) Ludovic Gaude (“Gaude”), a resident of Germany. The FAC contains four additional counts: breach of a written options contract against Defendants Intive S.A. and Enterprise (counts 3 and 4); and interference with economic advantage and fraud against Gaude (counts 5 and 6). Currently before the Court is (specially appearing) Defendant Enterprise's motion to qua...

Excerpt: ... complaints stated a single cause of action for specific performance. Matsumoto demurred to the FAC and the demurrer was sustained by the Court (Hon. Barrett) in an order issued March 10, 2020, where the Court ruled that the sole cause of action for specific performance was time‐barred by Code of Civil Procedure (“CCP”) § 337. Plaintiff was granted 10 days' leave to amend. The operative Second Amended Complaint (“SAC”), which once agai...

Excerpt: ...t. I feel that Marcela [Serrano, the alleged “leasing manager” for Defendant] discriminated against me which is illegal under the fair housing Act.” As mentioned 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...

Excerpt: ...lowing general allegations: In 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 off...

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: ...SGH is a venture capital firm co‐founded by Plaintiff Azoulay in 2008, and that Plaintiff Azoulay currently serves as SGH's managing partner. (Complaint at ¶7.) Wijet is a French airline co‐founded in 2009 by Plaintiff Azoulay. (Complaint at ¶8.) Defendant was employed by Wijet from 2009 until April 3, 2017, when he was terminated. (Complaint at ¶9.) The Complaint alleges that on August 7, 2017, Defendant sent an email to two California re...

Excerpt: ...rinary Malpractice (alleging, at ¶46 that Defendant failed “to use the level of skill, knowledge and care in diagnosis and treatment that other reasonable careful specialists would use”); (2) Gross Negligence (largely repeating the allegations of the first cause of action and alleging at ¶79 that Defendant's alleged breach “was so extreme in nature that their conduct rises to the level of either want of scant care or an extreme departure ...

Excerpt: ...�the powertrain system, including the engine and/or transmission.” (Complaint at ¶¶8‐9.) The original and still operative Complaint filed on February 23, 2021 states six causes of action (none of which are listed on the Complaint's caption page): (1) Violation of Civ. Code §1793.2(D); (2) Violation of Civ. Code §1793.2(B); (3) Violations of Civ. Code §1793.2(A)(3); (4) Breach of Express Written Warranty; (5) Breach of Implied Warranty of...

Excerpt: ... and Battery, against Defendant Swanson only, alleging that he physically attacked Plaintiff “at or near the premises” of a TKE fraternity house in Santa Clara in either the late evening of January 25, 2020 or the early morning of January 26, 2020, and; (2) Negligence, against Defendant TKE only, alleging that it is in some fashion responsible for Swanson's attack on Plaintiff. Currently before the Court is: (1) Defendant TKE's demurrer to th...

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: ...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); see also Rappleyea v. Campbell (1994) 8 Cal.4th 975, 985 [“A doctrine generally requiring or permitting exceptional treatment of parties who repre...

Excerpt: ...ainst both Defendants); (2) Breach of the Implied Covenant of Good Faith and Fair Dealing (against both Defendants); (3) “Breach of Explicit Joint Venture Agreement” (against PKJ only); (4) “Breach of Implicit Joint Venture Agreement” (against PKJ only); (5) “Breach of Express Partnership Agreement” (against PKJ only); (6) “Breach of Implicit Partnership Agreement” (against PKJ only); (7) Breach of Fiduciary Duty (against PKJ only...

Excerpt: ...purchased [airplane] hangar doors from Hi‐Fold Door Corporation (“Hi‐Fold”) pursuant to a contract. (FAC ¶¶5 and 11.) Hi‐ Fold retained Subsidium Enterprise Corporation (“Subsidium”) to deliver hangar doors on Hi‐Fold's behalf to customers. (Complaint, ¶11.) Plaintiff Robert Durham (“Durham”) was retained by Subsidium, as an independent contractor, to deliver multiple hangar doors to defendant Winegarden. (Id.) Prior to del...