Excerpt: ... August 29, 2016, the floor inside, outside, around, and near said bathroom contained pooling water, which created a dangerous and unsafe condition. (Complaint, ¶10.) On August 29, 2016, as plaintiff Madahaqueel Cardoza Orozco (“Plaintiff”) walked into said bathroom she slipped on the pooling water left on the floor and fell to the ground, causing serious bodily injury and harm. (Complaint, ¶12.) Defendants carelessly and/or negligently use...

Excerpt: ...lays, corrective grinding and epoxy flooring for commercial, retail, governmental, and residential facilities. (First Amended Complaint (“FAC”), ¶1.) In connection with the construction of defendant Apple Inc.'s (“Apple”) new 175 acre signature campus and headquarters known as Apple Park (“Project”), Apple entered into a written prime contract with defendant Rudolph & Sletten, Inc. (“Rudolph”) in or around June 10, 2015 to act as...

Excerpt: ...f Verdugo received an initial offer letter on April 6, 2015 and was hired by defendant Cassidy/ DTZ for the full time position of Vice President, Project & Development Services. (Id.) Plaintiff Verdugo began working from his home in San Jose and attending meetings with defendant Cassidy/ DTZ and defendant Facebook representatives. (Complaint, ¶5.) Almost immediately after he began working, plaintiff Verdugo's superior and others began making age...

Excerpt: ... (“Lease”) for the Premises. (FAC, ¶7 and Exh. A.) The parties later entered into an addendum to the Lease. (Id.) Defendant PBRC vacated the Premises on or about December 19, 2017. (FAC, ¶9.) Defendant PBRC breached the Lease by failing to pay rent due. (FAC, ¶10.) Pursuant to the terms of the Lease, plaintiff BSJ is entitled to $57,892.83 for unpaid rent due under the holdover rate. (Id.) Defendant PBRC breached the lease by failing to de...

Excerpt: ..., B, and C were insureds of defendant Sheet Metal Workers Local 104 Health Plan (“Defendant”) either as subscribers to coverage or dependents of a subscriber to coverage under a policy or certificate of insurance issued and underwritten by Defendant. (Complaint, ¶7.) Prior to performing surgeries on Patients A, B, and C, CSNI employees obtained promises and information from Defendant's representatives to be assured that Defendant would pay f...

Excerpt: ...Project will provide necessary infrastructure for the City Place Project. (Id.) As relocated, Stars and Stripes Drive would cut through a City‐owned building located at 5131 Stars and Stripes Drive which is presently leased to defendant D.E. II Restaurants, Inc. (“Defendant”) pursuant to a Lease Agreement for the Santa Clara Banquet and Meeting Facility between City and Defendant, dated July 1999, as amended by that certain First Amendment ...

Excerpt: ...LLC (“VSM”), owners of real property known as the Vallco Fashion Mall located at 10123 North Wolfe Road in Cupertino (“Subject Property”), to exclusively represent VSM in connection with the sale of the Subject Property. (SAC, ¶¶7 – 8.) On or about August 2, 2011, VSM and plaintiff Nguyen entered into an exclusive right to sell agreement entitled “Owner‐Broker Agreement‐Vallco Shopping Center” (“Listing Agreement”). (SAC, ...

Excerpt: ...AC”] at ¶ 2.2 ) Plaintiff Stephanie Drewsen (“Plaintiff”) became a patient of defendant SHC in January 2013. (Id. at ¶ 7.) Dr. David W. Lowenberg (“Dr. Lowenberg”) was Plaintiff's physician and an employee of defendant SHC. (Id. at ¶ 2.) Eric Sundberg, M.D. and Varun Gajendran, M.D. (collectively, “the residents”) were employed by defendant SHC as assistant resident surgeons. (Ibid.) On April 29, 2013, Plaintiff was scheduled to ...

Excerpt: ...hleen Wang, Xiao Rong Zhou, Ruo (Laura) Li, Zhengmao Zhu, LXRZ, Inc., Firetide, Inc. (“Firetide”), George Zhu (“Zhu”), Xin Liu (“Liu”), and Da Yong Guan (“Guan”) (collectively “Defendants”). As alleged in the Fourth Amended Complaint (“4AC”), Ampro and Consolitech are circuit board assembly and manufacturing companies owned by Elliot Wang (“Wang”) and located in Fremont, CA. (4AC, ¶¶ 1‐2, 23.) As Wang lived in Taiw...

Excerpt: ...dala”) made disparaging remarks to plaintiff Lobo regarding his age and subjected plaintiff Lobo to hostility due to his ancestry/national origin. (FAC, ¶¶18 – 19.) Plaintiff Lobo was denied opportunities and benefits of employment that were essential to his continued success at defendant Intel. (FAC, ¶20.) Plaintiff Lobo made several workplace complaints to defendants regarding Perumandala's actions. (FAC, ¶21.) Defendants retaliated aga...

Excerpt: ...s released to the custody of Lexington's agent, defendant Ed Mumbert (“Mumbert”). (Id.) Thereafter, Decedent did not appear in court. (Id.) Defendants Lexington and Mumbert located Decedent in Nevada and took Decedent into custody. (Id.) An arrangement had been made for Decedent to be represented by defendant Robert Drescher (“Drescher”) in the Santa Clara proceedings. (Id.) On September 11, 2016, defendant Drescher acquired an airplane o...

Excerpt: ...mber 22, 2016. (Complaint, ¶¶8 – 9.) Pursuant to the express language of the promissory note, the loan would be secured by all WTK company assets. (Complaint, ¶¶10 – 11.) Defendant Byron M. Phillips (“Phillips”) was president and secretary of defendant WTK. Plaintiffs discovered Phillips was draining the company funds and not paying the company's bills. (Complaint, ¶12.) On June 11, 2018, plaintiffs Patrick and Lewis filed a complain...

Excerpt: ...) Ma Labs is a global distributor of a full range of IT components and software with annual sales substantially in excess of $1 billion. (SAC, ¶43.) Ma Labs' principal place of business is located in an approximately 117,000 square foot facility located at 2075 N. Capitol Avenue in San Jose (“Capitol Property”). (SAC, ¶44.) Ma Labs currently employs approximately 460 persons in the United States including approximately 360 in California and...

Excerpt: ... the purchase of this restaurant (the “Business”) located at 1235 E. Calaveras Boulevard in Milpitas, California (the “Contract”). (First Amended Complaint [“FAC”] at ¶ 8.) Under the terms of the Contract, the close of escrow for the purchase and sale of the Business was scheduled to close forty‐five (45) days after the acceptance of the Contract by defendant Qiong. (Id. at ¶ 9.) The Contract was accepted by defendant Qiong on Jan...

Excerpt: ...ccasions, beginning in or around January 2017, defendant Kamarei touched plaintiff Jane Doe's sexual organs underneath her clothing. (Complaint, ¶6.) On March 29, 2018, plaintiff Jane Doe, through her guardian ad litem John Doe, filed a complaint against defendant Kamarei asserting causes of action for: (1) Sexual Battery (2) Intentional Infliction of Emotional Distress On June 11, 2018, defendant Kamarei filed a demurrer and motion to strike pl...

Excerpt: ... Catalina LLC and 574 Mariscal LLC unlawfully obtained $150,000 that belonged to plaintiff BHI through fraud, conversion, and conspiracy. The third parties then used the money to acquire real property in San Diego and in Palm Springs. The San Diego property was subsequently deeded to defendant 2006 Catalina Fund, LLC by the third party 2006 Catalina LLC for no consideration. The Palm Springs property was later deeded to defendant 574 Mariscal Fun...

Excerpt: ...r clients to Bad Boys. (Id.) Bad Boys employed defendant Ashley Pilling‐Miller (“Miller”) from November 12, 2013 until her resignation on or about June 26, 2017. (Complaint, ¶7.) While employed at Bad Boys, defendant Miller had access to Bad Boys' proprietary information and trade secrets including, but not limited to, the confidential list of referring attorneys (“Confidential Information”). (Complaint, ¶¶7 – 8.) In recognition of...

Excerpt: ...��) which IEN delivered to defendants at defendants' request on an open book account whereby defendants became indebted to IEN in the net principal amount of $149,327.27. (Complaint, ¶9.) Although demand has been made, defendants have failed and neglected to pay said sum, and the entire sum is now due, owing and unpaid, together with interest thereon. IEN assigned and transferred to plaintiff National Commercial Recovery, Inc. doing business as ...

Excerpt: ...y, “Defendants”) arises from alleged employment discrimination and Labor Code violations. According to the Complaint, Plaintiff worked at Goodwill from March to June 2017, during which time it committed various wage and hour violations and discriminated against him. Regarding the wage and hour violations, Plaintiff was not provided full meal and rest breaks, accurate wage statements, his personnel file, or his final paycheck. Regarding the di...

Excerpt: ...LC is the owner of four units at the Project. (See Second Amended Cross‐Complaint (“SAXC”) at ¶ 3.) Defendant and cross‐complainant Sherry Chen (“Chen”) (self‐represented) is a member of C Cube Investment LLC. (Id. at ¶ 1.) On May 25, 2018, Lundy filed a Complaint against Chen alleging causes of action for injunctive relief, declaratory relief, nuisance, negligence, and money due. Lundy claims that defendant Chen failed to make pa...

Excerpt: ...e to distribute, among other things, a condominium in Santa Cruz, California, and most of its contents to Plaintiff upon her death, but she specifically devised a bedroom set and artwork at the condominium to her niece, Mary Blakemore. In the fifth amendment to the Trust, Settlor directed the trustee to transfer the condominium and all of its contents to Ms. Blakemore; Plaintiff remained entitled to other Trust assets. Plaintiff alleges Settlor d...

Excerpt: ...�). Plaintiffs allege the Subject Premises were not rentable, that defendants deprived them of full access to the garage, and defendants did not provide them with temporary suitable housing. On January 7, 2019, Plaintiffs filed the operative Complaint alleging causes of action for: (1) conspiracy; (2) fraud/deceit/intentional misrepresentation; (3) breach of contract; (4) elder abuse; and (5) substandard housing. Defendant Park West served each p...

Excerpt: ... warranty which covers the engine and transmission. (Id. at ¶ 2.) During the warranty period, the Subject Vehicle contained or developed defects which substantially impair the use, value, or safety of the Subject Vehicle. (Id. at ¶ 3.) Defendant Kia knew since 2009, if not earlier, that the 2011‐2019 Kia Optima, 2011‐ 2019 Kia Sportage, 2012‐2019 Kia Sorento, and other vehicles equipped with a 2.0 or 2.4L engine contained one or more desi...

Excerpt: ...k for the name Namaste Plaza—is held by Royal, while Green serves as the vehicle for store operations, including by supplying merchandise. Defendant Rajaa Sonai and his wife, defendant Maria Menjivar, operated a franchise of Namaste Plaza through defendants MR Stores, Inc. and SRAJAA, LLC. Franchisors allege these defendants (hereafter, “Franchisees”) mismanaged the grocery store. In August and September 2016, Franchisors and Franchisees ex...

Excerpt: ...ossdale. (Complaint, ¶5.) Rossdale retained defendant Brian Moquin (“Moquin”) to represent it in a case to recover damages (“Underlying Action”) caused by Timothy Walton (“Walton”). (Complaint, ¶19.) Walton brought a frivolous lawsuit against Rossdale in an attempt to extort a settlement out of Rossdale. (Complaint, ¶22.) Rossdale defended itself vigorously and accrued hundreds of thousands of dollars in damages to fend off Walton'...

Excerpt: ... Roberts obtained a bail bond to secure Moore's release from jail. (Complaint, ¶¶1 – 3 and 11.) Defendant Hoffman withheld BIC's response to a demand letter in order to lure Plaintiffs into spending thousands of dollars on a lawsuit. (Complaint, ¶12.) Defendant Hoffman charged Plaintiffs an unconscionable fee, withheld documents, failed to fully advise Plaintiffs, placed his own financial interest ahead of Plaintiffs, conducted costly unappr...

Excerpt: ...ssignments, LLC (“Plaintiff') for the purpose of winding up its business and satisfying outstanding debts. (FAC, ¶ 16.) Plaintiff commenced this interpleader action to resolve competing claims by creditors and defendants Khosla Ventures III, L.P., Future Solution Investments, LLC, and Mississippi Development Authority. Currently before the Court is a motion to quash service of the summons on the ground of lack of personal jurisdiction by defen...

Excerpt: ...the racial discrimination, assault, battery, and false imprisonment of plaintiff Raad Zuhair Rabieh (“Rabieh”), an American citizen of Middle Eastern descent. (Complaint, ¶1.) On April 12, 2016, plaintiff visited the Robert F. Peckham Federal Building located at 280 South 1st Street, San Jose to attend an appointment at the Social Security Administration Office. (Id.) On his way out of the building, plaintiff Rabieh accidentally exited an em...

Excerpt: ...at use of the card constitutes acceptance of the agreement.9 Defendant Landreth agreed to be bound by the terms and conditions set forth in the Cardmember Agreement when he applied for, received or used the credit card account.10 After receiving the credit card, purchases were made by use of the account and the charging of various goods, services and cash advances.11 Plaintiff complied with its obligations under the agreement by paying vendors fo...

Excerpt: ...��), placed plaintiff Landry under general anesthesia prior to surgery. (Complaint, ¶13.) Lee did not remain with plaintiff Landry for the entire pre‐operation duration. (Id.) Defendants AMN Healthcare, Inc. and American Mobile Healthcare (collectively, “AMN Healthcare”) and Kaiser employed, hired, contracted, or granted hospital privileges to defendant Cecil Webb, Jr. (“Webb”) to work at Kaiser as medical personnel. (Complaint, ¶¶7 ...

Excerpt: ...Decedent”), who died on October 26, 2016. (First Amended Complaint (“FAC”), ¶1.) Decedent was a resident of, among others, defendant Milpitas Care Center (“MCC”) from April 2016 to July 2016. (FAC, ¶¶2 and 5.) During their care and/or custody of Decedent, defendant MCC failed to develop and implement adequate skin integrity and infection control/ monitoring measures, which resulted in Decedent sustaining injuries requiring specialize...

Excerpt: ...the garage was being repaired. Plaintiffs purport to assert causes of action against themselves for: (1) conspiracy; (2) fraud; (3) intentional misrepresentation; (4) fraud in contract formation; (5) breach of contract; (6) elder abuse; and (7) substandard housing. It appears they actually attribute the conduct giving rise to these causes of action to defendants Richard Hanson, Leonard Ataide 3 , Park West Condominiums, and Common Interest Manage...

Excerpt: ... 50 litigation matters and dozens of transactional matters, personal and business, from 2000 to 2006. (First Amended Complaint (“FAC”), ¶8.) Defendant Parr provided professional advice to plaintiff Pho in May 2016. (FAC, ¶9.) In the course of representing plaintiff Pho, defendant Parr extensively reviewed plaintiff Pho's personal and financial records, obtaining confidential information about plaintiff Pho. (FAC, ¶¶14 – 19.) Defendants ...

Excerpt: ...money due in the sum of $85,447.88 for medical care, services, and supplies furnished by plaintiff County, by or through VMC, at the special instance and request of defendant Sonagere. (Complaint, ¶¶2 and 5.) Neither the whole nor any part of the sum has been paid and the sum is now due, owing, and unpaid. (Complaint, ¶6.) On June 25, 2018, plaintiff County filed a complaint against defendant Sonagere asserting causes of action for: (1) Open B...

Excerpt: ...al area for a spine surgery to be performed by plaintiff CSNI on behalf of patient “G.H.” would be paid. (Second Amended Complaint (“SAC”), ¶BC‐1.) The UCR in the geographical area of plaintiff for the services rendered on behalf of defendants' insured patient is $93,500. (SAC, ¶BC‐4.) Defendants agreed to pay 60% of the UCR, or $56,100. (Id.) Defendants paid $13,735.80. (Id.) Defendants failed to pay $41,539.89. (SAC, ¶¶BC‐2 an...

Excerpt: ...her, thereby creating a hostile work environment. (Complaint, ¶¶13 – 20.) Plaintiff Aguilar's complaint asserts causes of action for: (1) Sexual Harassment (2) Tortious Termination in Violation of Public Policy (3) Violation of Government Code §12940(k) [Failure to Prevent Sexual Harassment] (4) Failure to Pay Premium Overtime Wages (5) Failure to Provide an Accurate Itemized Wage Statement (6) Waiting Time Penalties (7) Failure to Provide M...

Excerpt: ...natal care concerning a pregnancy which delivered on August 16, 2017. (Complaint, ¶10.) Defendants were negligent, careless, and unskillful in their management of the prenatal, labor, delivery, postnatal phase, including but not limited to the examination, ultrasound evaluations, diagnosis, care and treatment of plaintiff Wu. (Complaint, ¶12.) As a result of defendants' negligence, plaintiff Wu and plaintiff Wu's daughter, plaintiff Olivia Pan ...

Excerpt: ...natal care concerning a pregnancy which delivered on August 16, 2017. (Complaint, ¶10.) Defendants were negligent, careless, and unskillful in their management of the prenatal, labor, delivery, postnatal phase, including but not limited to the examination, ultrasound evaluations, diagnosis, care and treatment of plaintiff Wu. (Complaint, ¶12.) As a result of defendants' negligence, plaintiff Wu and plaintiff Wu's daughter, plaintiff Olivia Pan ...

Excerpt: ...her, thereby creating a hostile work environment. (Complaint, ¶¶13 – 20.) Plaintiff Aguilar's complaint asserts causes of action for: (1) Sexual Harassment (2) Tortious Termination in Violation of Public Policy (3) Violation of Government Code §12940(k) [Failure to Prevent Sexual Harassment] (4) Failure to Pay Premium Overtime Wages (5) Failure to Provide an Accurate Itemized Wage Statement (6) Waiting Time Penalties (7) Failure to Provide M...

Excerpt: ...al area for a spine surgery to be performed by plaintiff CSNI on behalf of patient “G.H.” would be paid. (Second Amended Complaint (“SAC”), ¶BC‐1.) The UCR in the geographical area of plaintiff for the services rendered on behalf of defendants' insured patient is $93,500. (SAC, ¶BC‐4.) Defendants agreed to pay 60% of the UCR, or $56,100. (Id.) Defendants paid $13,735.80. (Id.) Defendants failed to pay $41,539.89. (SAC, ¶¶BC‐2 an...

Excerpt: ... California (the “Property”) and Plaintiff was the caretaker of it. Defendant approached Plaintiff in 2004 and suggested he rent the Property at an above‐market price for twelve years, at which point Defendant would convey it to him. Plaintiff agreed and made every payment for twelve years. However, Defendant never intended to convey the Property to him; he only wanted to induce Plaintiff to pay the above‐market price in rent. When Plaint...

Excerpt: ... acquired the Ensign Property on or about January 8, 2013 pursuant to a Trustee's Deed Upon Sale following a duly noticed foreclosure sale of the Ensign Property under a Deed of Trust dated June 11, 2007 (“Foreclosed Deed of Trust”) and recorded on or about July 2, 2007 executed by To Thi Nguyen and Candice Triet Nguyen (collectively, “Nguyens”). (FAC, ¶12.) On information and belief, the Nguyens entered into a separate lending transacti...

Excerpt: ...s held title to her property since 1965. (Complaint, ¶ 5.) At the time of purchase, a fence separated the driveway on Plaintiff's property from the driveway of the adjacent property and Plaintiff understood the fence to mark the boundary line between the two properties. (Id. at ¶¶ 8‐9.) From 1965 to November 2016, Plaintiff maintained and enjoyed the fence and the property on her side without interference or objection from the owner of the n...

Excerpt: ...s are necessary to fully try the case on the merits and since the instant case is at the middle stage of litigation, there will be no prejudice to Defendant Yama Marifat (“Defendant”). The motion is opposed by Defendant. In his opposition papers, Defendant makes the following arguments: (1) Plaintiff's attempt to amend for a second time is based solely on an attempt to avoid liability under CCP Section 128.7 and not based on newly discovered ...

Excerpt: ...dant SAC Attorneys LLP, a limited liability partnership (collectively, “Defendants”). (Id. at ¶¶ 2‐3.) Defendants had previously represented an entity known as Chuangjia International Co. dba as TX Trading (“TX Trading”). (Id. at ¶ 5.) TX Trading is jointly owned by Jack Xu (“Xu”) and Shu Teng (“Teng”) as husband and wife. (Ibid.) On May 31, 2016, on behalf of TX Trading, Defendants filed an interpleader complaint (case no. 1...

Excerpt: ...anning Jiang (“Jiang”) is an attorney licensed in the State of California. (First Amended Complaint [“FAC”] at ¶ 1.) Defendant James Cai (aka Jingming Cai) is also an attorney licensed in the State of California and the owner of defendant SAC Attorneys LLP, a limited liability partnership (collectively, “Defendants”). (Id. at ¶¶ 2‐3.) Defendants had previously represented an entity known as Chuangjia International Co. dba as TX T...

Excerpt: ...M”), owners of real property known as the Vallco Fashion Mall located at 10123 North Wolfe Road in Cupertino (“Subject Property”), to exclusively represent VSM in connection with the sale of the Subject Property. (SAC, ¶¶7 – 8.) On or about August 2, 2011, VSM and plaintiff Nguyen entered into an exclusive right to sell agreement entitled “Owner‐Broker Agreement‐Vallco Shopping Center” (“Listing Agreement”). (SAC, ¶9.) Purs...

Excerpt: ...as a failure in such utility or performance. (Complaint, ¶8.) The Vehicle was delivered to Plaintiff with serious defects and nonconformities to warranty and developed other serious defects and nonconformities to warranty. (Complaint, ¶9.) On March 26, 2018, Plaintiff commenced this action by filing a complaint against defendant Toyota which asserts causes of action for: (1) Violation of the Song‐Beverly Act – Breach of Express Warranty (2)...

Excerpt: ...ne 2016, defendant Wen Fang Wang (“Wang”) approached plaintiff X. Young Lai (“Lai”) for legal representation in her divorce case. (First Amended Complaint (“FAC”), ¶8.) With respect to her financial condition, defendant Wang represented to plaintiff Lai that (1) she received no distribution of assets before separation; (2) she has no funds to retain an attorney for her divorce; (3) she was in arrears of her rent and had insufficient ...

Excerpt: ...d for defendant Vive Sol, Inc. (“VSI”) as a hostess/ food server. (Complaint, ¶9.) Defendant Hector Sol is the owner of defendant VSI and was Plaintiff's boss. (Complaint, ¶7.) Defendant Jaime Alor (“Alor”) was Plaintiff's supervisor. (Id.) Defendants Gerardo Mejia and Mario Herrera Ramirez (erroneously sued as Mario LNU (last name unknown); hereafter, “Ramirez”) were Plaintiff's co‐workers. (Id.) Plaintiff was sexually harassed, ...