Excerpt: ...'s parents, reside in Santa Clara County. Defendant Edward Ivy, Plaintiff's brother, resides in Contra Costa County. Plaintiff's original Complaint was filed on November 17, 2020. The operative First Amended Complaint (“FAC”) was filed on May 18, 2021. The FAC states 13 causes of action (none of which are listed on the caption page) against all Defendants: (1) Breach of Fiduciary Duty (brought by Plaintiff individually); (2) Breach of Fiducia...

Excerpt: ...”) and Indian Harbor Insurance Company (“Indian Harbor”). The Complaint states three causes of action: (1) Declaratory Relief (against all Defendants); (2) Equitable Reimbursement (against Critchfield only), and; (3) Equitable Contribution (against Old Republic and Indian Harbor only). Both Critchfield and Indian Harbor have filed cross‐complaints against Travelers. Critchfield's Cross‐Complaint was filed on April 2, 2021. It states thr...

Excerpt: ...ional Interference with Prospective Economic Relations. Plaintiffs seek punitive damages as part of each cause of action. Currently before the Court is Defendant's motion to strike the request for punitive damages and the request for attorney's fees. The Complaint alleges that after Plaintiffs represented Defendant in a prior lawsuit, he refused to pay all monies owed. After the matter went to arbitration with the Santa Clara County Bar Associati...

Excerpt: ...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 represent themselves would lead to a quagmire in the trial courts, and w...

Excerpt: ...express written warranty in which defendant FCA US LLC (“FCA”) undertook to preserve or maintain the utility or performance of the Vehicle or to provide compensation if there is a failure in utility or performance. (Id. at ¶¶ 5, 9, & 17.) The Vehicle was delivered to Plaintiff with serious defects and nonconformities to warranty, and developed other serious defects and nonconformities, including, but not limited to, electrical, engine, susp...

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: ...8. The FAC added CYT Financial Corp. (“CYT”) as a defendant and states the following causes of action: (1) violation of Civil Code section 5670; (2) violation of Civil Code section 5673; (3) violation of Civil Code section 5705; (4) violation of Civil Code section 5715; (5) violation of Civil Code section 2924f; (6) violation of Civil Code section 5710; (7) wrongful foreclosure; (8) quiet title; (9) negligence; (10) elder financial abuse; and...

Excerpt: ....) On August 24, 2018, Mulder was driving the Vehicle near the intersection of 1275 N. Milpitas Boulevard and Minnis Circle, and Whitney was a passenger in the Vehicle. (Id. at ¶¶ 4 & 6‐7.) As Mulder approached the intersection, he made a careless, negligent, and unsafe left turn onto North Milpitas Boulevard. (Id. at ¶¶ 7, 9‐10, & 14.) Mulder allegedly violated Vehicle Code section 21801 by making the unsafe left turn. (Id. at ¶ 14.) As...

Excerpt: ...compliance with the Court's February 9, 2021 Order on Plaintiff's motion to compel further responses to certain requests for production of documents (“RFPDs”), opposed by Defendants. 1. Defendants' Demurrer to the FAC Defendants' demurrer to Plaintiff's four remaining causes of action on statute of limitations grounds, unopposed by Plaintiff, is SUSTAINED WITHOUT FURTHER LEAVE TO AMEND. The Court notes that the tolling allegations added to th...

Excerpt: ...8. The FAC added CYT Financial Corp. (“CYT”) as a defendant and states the following causes of action: (1) violation of Civil Code section 5670; (2) violation of Civil Code section 5673; (3) violation of Civil Code section 5705; (4) violation of Civil Code section 5715; (5) violation of Civil Code section 2924f; (6) violation of Civil Code section 5710; (7) wrongful foreclosure; (8) quiet title; (9) negligence; (10) elder financial abuse; and...

Excerpt: ...”), and Parker Foreclosure Services, LLC (collectively, “Defendants”). According to the allegations of the complaint, the Trust owned real property located at 12329 Kosich Place in Saratoga, California (“Property”). (Complaint, ¶¶ 1 & 8.) Plaintiffs Vinh Nguyen (“Vinh”) and Teri Nguyen (“Teri”) are the trustees of the Trust. (Id. at ¶ 8.) On July 28, 2011, Vinh and Teri, in their capacities as trustees, entered into a written...

Excerpt: ... March 2018, Nguyen asked Plaintiff to lend her $70,000 so she could pay her brother's tuition. (SAC, ¶ 6.) Nguyen represented that her brother would be forced to leave the country if she did not pay the tuition. (Ibid.) Nguyen promised to pay Plaintiff back in four months. (Ibid.) Nguyen told Plaintiff she would be able to pay Plaintiff back because her mother deposited $400,000 in her bank account in Vietnam before she passed away. (Ibid.) In ...

Excerpt: ...ct. 22, 2019. Plaintiffs were self‐represented when the Complaint was filed and 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 litigants and attorneys. Further, the in propria persona litigant is held to the same restrictive rule...

Excerpt: ...ber 5, 2017. (SAC, ¶ 23.) Upon admission, Plaintiff's skin was intact, but she was deemed to be at high risk for skin breakdown. (Id. at ¶¶ 24‐25.) The next day, Stanford's nursing staff created a skin integrity plan due to Plaintiff's risk for pressure ulcers. (SAC, ¶ 26.) The skin integrity plan indicated that Stanford's nursing staff would monitor Plaintiff's skin at least two time per day for redness or breakdown, and report to a physic...

Excerpt: ...) According to the allegations of the complaint, on December 1, 2015, defendant Thomas A. Nyulassy ( “Nyulassy”) negligently operated a motor vehicle on northbound San Tomas Expressway, south of Walsh Avenue, thereby causing Plaintiffs' injuries and damages. (Id. at ¶¶ MV‐1 & MV‐2.) Nyulassy was allegedly employed by Does 1 to 100 and operated the motor vehicle in the course and scope of his employment. (Ibid.) Based on the foregoing al...

Excerpt: ...an community in Northern California. (Complaint at ¶6.) On January 12, 2015, Mr. Ghiassi—on behalf of the Razi Academy— entered into a written contract with Defendant, who is a musician with a background in Iranian classical and folk music, to perform at a Persian New Year celebration hosted by the Razi Academy on March 28, 2015. (Id. at ¶7.) Under the terms of the parties' agreement, Defendant was to receive $3,000 for the performance, but...

Excerpt: ...y and Does 1 to 20 “negligently, carelessly and/or recklessly dropped a metal plate on Plaintiff's hand” at Amberwood Gardens. (Complaint, ¶ GN‐1.) Additionally, McEssy and Does 1 to 20 “negligently, carelessly and/or recklessly trained, supervised, managed and/or hired the employee who dropped the metal plate.” (Ibid.) McEssy and Does 1 to 20 allegedly owed Plaintiff a duty of care and their alleged conduct breached their duty of care...

Excerpt: ...s‐Complaint on December 18, 2019 against various companies including Plaintiff's employer Pine Building Maintenance. Plaintiff was injured at the premises leased by Pine Building Maintenance from Defendant. The narrative portion of the Complaint alleges that on March 28, 2018 Plaintiff “fell through the ceiling of the subject premises,” 761 Marbury Road, Ste. 65, San Jose, CA 95133. Plaintiff's employer, a janitorial business that rents spa...

Excerpt: ...e an amended complaint was granted by the Court (Hon. Barrett) on January 4, 2021 in an order which explained in detail why the motion was granted to add another defendant, Hermitage Brewery Company (“HBC”) and the operative First Amended Complaint (“FAC”) was filed that same day. The FAC states four causes of action: (1) Hostile Work Environment Harassment in violation of the FEHA (Gov. Code §12940(j)); (2) Failure to Prevent Harassment...

Excerpt: ...t at work. (FACC, ¶ 7.) She retained cross‐defendant James Suits (“Suits”), a licensed attorney, to bring a personal injury action against her employer. (Id. at ¶¶ 3 & 8.) Under the terms of Powers' written agreement with Suits, Suits agreed to represent Powers in the personal injury action in exchange for one‐third of any gross recovery, plus repayment of court costs advanced by Suits. (Id. at ¶ 8.) The personal injury action filed o...

Excerpt: ...use. Plaintiff alleges that as a result of the work of these two defendants asbestos was disturbed and released into the residence. Defendant MG Remediation, Inc. was then hired to perform asbestos remediation. Plaintiff's original complaint was filed on January 7, 2019. The operative First Amended Complaint (“FAC”) was filed on September 3, 2020. The FAC states four causes of action1 for: (1) Breach of Contract (against all three contractor ...

Excerpt: ... Background This is an action for wrongful death and dangerous condition of public property. According to the allegations of the complaint, two‐year‐old Alexavier Gonzalez Padilla (“Decedent”) was struck and killed by a motor vehicle at the intersection of Banff Street and Danube Way in San Jose, California. (Complaint, ¶ 22.) Decedent's minor siblings— Aileen, Amelia, Bryan, Desiree, and Izaiah—witnessed the accident and, consequent...

Excerpt: ...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.) “A doctrine generally requiring or permitting exceptional treatment of parties who represent themselves would lead to a quagmi...

Excerpt: ..., provided accounting services to Plaintiff, Craig Urban, and UPI. (Id. at ¶¶ 2‐3, 6, 9, 14, & 19.) In 1999, UPI established a Money Purchase Pension Plan (“Plan 1”) and a Profit Sharing Plan (“Plan 2”). (Complaint, ¶ 10.) Plaintiff made contributions and payments to Plan 1 and Plan 2. (Id. at ¶ 12.) In addition, UPI was required to make annual contributions to Plan 1 for Plaintiff. (Id. at ¶ 11.) Plaintiff did not receive his full...

Excerpt: ...e turned 18 years old in January 2002, Plaintiff was sexually abused by Defendant Chioke Robinson (“Robinson”), a track coach at the high school. The Complaint alleges (at ¶6) that this occurred despite Defendant Willie Harmatz (“Harmatz”) the head coach of the girls' track team, being warned about Robinson's behavior by another student. Defendant Harmatz allegedly actively discouraged students from participating in a police investigatio...