Excerpt: ... Lui and Lu are co‐managing members of SEFG. (Complaint, ¶ 12.) SEFG has operated a Montessori school, Palo Alto Bilingual Montessori Academy, on premises located at 4232 El Camino Real in Palo Alto, California (“Premises”) for over ten years. (Id. at ¶¶ 12‐13.) Prior to operating the school on the Premises, Lu operated a preschool. (Id. at ¶ 14.) Sometime prior to 2010, defendant Zhen Zhen Li (“Li”) approached Lu and represented ...

Excerpt: ..., Duy Vu, Thao Vu and Hien Vu (collectively “Plaintiffs”) on November 13, 2019 stated claims for 1) Motor Vehicle Negligence; 2) General Negligence, and; 3) Negligent Infliction of Emotional Distress. Plaintiffs then brought a motion for leave to file a First Amended Complaint (“FAC”) which was granted by the Court (Hon. Barrett). The FAC, another form complaint, was filed on September 29, 2020. The FAC added a fourth cause of action, a s...

Excerpt: ...adi”) and Carden School entered into a written contract with Plaintiff on August 21, 2006. (Complaint, p. 4, ¶ BC‐ 1.) Under the terms of the contract, Asadi and Carden School agreed to pay rent for property owned by Plaintiff located at 1550 Meridian Avenue and 1570 Alta Glen Avenue in San Jose, California (collectively, “Premises”). (Ibid.) Asadi and Carden School allegedly breached the written contract on November 1, 2018, by failing ...

Excerpt: ...tive portion of the Complaint (on the General Negligence attachment) states in pertinent part that Plaintiff visited the Golden Bamboo restaurant in San Jose with her son on “November 2, 2018” (this is apparently a typo and the year should read 2017).1 “The chair on which she was sitting had [a] cushion on top of plywood, with metal legs. While dining, she leaned to the right side. Suddenly the cushion portion lifted up on the left side, wi...

Excerpt: ...yer. (Complaint, ¶ GN‐1.) On October 20, 2016, Plaintiff was changing a fuel filter on the tractor when the tractor ran over him. (Ibid.) Defendant allegedly “altered a safety mechanism on the tractor which would have prevented it from running over [P]laintiff.” (Ibid.) Additionally, Defendant “failed to warn [P]laintiff or [his] employer about the altered safety mechanism ….” (Ibid.) Plaintiff alleges Defendant's conduct caused him ...

Excerpt: ...ods; 4) Failure to provide rest periods; 5) Failure to provide accurate wage statements; 6) Failure to pay wages due at termination; 7) Failure to pay timely wages; 8) Failure to reimburse expenses; 9) Sex discrimination in violation of FEHA; 10) Failure to prevent harassment and discrimination in violation of FEHA; 11) Hostile work environment harassment; 12) Retaliation; 13) Intentional infliction of emotional distress, and; 14) Unfair Business...

Excerpt: ... to the allegations of the underlying complaint, Williams joined Apple in 2010, as a senior platform architect. (Complaint, ¶¶ 2 & 17.) While at Apple, Williams designed chips for a range of Apple products and worked with, advised, and led teams that designed some of Apple's ARM technology. (Id. at ¶¶ 2, 15‐16, & 23‐25.) As a condition of his employment, Williams executed an IPA whereby he agreed that he would not plan or engage in any ot...

Excerpt: ...tiffs purchased a 2015 Dodge Ram 1500 (“Subject Vehicle”) from defendant South County Chrysler Dodge Jeep Ram Fiat (“South County”). (Complaint, ¶ 13.) Express warranties accompanied the sale of the Subject Vehicle to Plaintiffs by which FCA undertook to preserve or maintain the utility or performance of Plaintiffs' vehicle or provide compensation if there was a failure in such utility or performance. (Id. at ¶¶ 13, 194, 227.) The Subj...

Excerpt: ...ctively, “Defendants”). According to the allegations of the complaint, Berens was the Chief Executive Office of TransMed Systems, Inc. (which was later renamed Inteliquet) and he hired Clark in 2012. (Complaint, ¶¶ 1 & 12.) Berens allegedly induced Clark to invest in the company, defer compensation, and stay on through difficult times with promises of a long‐term role with the company and a significant equity interest. (Id. at ¶¶ 1 & 25...

Excerpt: ...mez and Mona Hanna (originally self‐represented) filed a form complaint on August 29, 2019 (still the operative pleading in the action) stating claims for fraud and breach of contract against three separate defendants: SJ Ranch Holding LLC, SJ Ranch Holding and The Ranch Golf Club. The Complaint does not allege that the three defendants are related entities. The claims arise from alleged problems with the air conditioning and ventilation at the...

Excerpt: ...negligence. Subsequently, the court (Hon. Christopher G. Rudy) sustained Defendant's demurrer to the complaint on the ground of failure to allege facts sufficient to constitute a cause of action with leave to amend. In its decision, the court stated Plaintiff did not plead facts showing that she complied with the claim presentation requirement of the Government Claims Act, identify any statutory basis for liability against Defendant, or allege fa...

Excerpt: ... This action challenges the legality of public health orders issued at the state and local level in response to the COVID‐19 pandemic. Plaintiff initially filed a complaint for declaratory and injunctive relief on May 15, 2020, against former State Public Health Officer Sonia Y. Angell, M.D. (“Dr. Angell”) and State Defendants. The Court subsequently sustained Dr. Angell's demurrer to the complaint without leave to amend. On January 4, 2021...

Excerpt: ...the Complaint filed November 19, 2020 indicates that it was served via substituted service on November 14, 2020. The proof of service is accompanied by declaration of diligence from a registered process server. Previously on April 6, 2021 the Court heard a demurrer to the Complaint brought by Defendant which was overruled in a formal order issued April 7, 2021. The order overruling the demurrer noted that Defendant had failed to comply with the m...

Excerpt: ...ovie theater and that the moving escalator “jerked” while she was on it, causing her to fall and sustain injury. The original and still operative three‐page “Complaint for damages” filed on February 7, 2019 fails to comply with Rule of Court 2.112 2 but states a single cause of action for premises liability against both Defendant Cinemark USA (owner of the movie theater) and Defendant Oakridge Mall (owner of the Mall itself). Paragraph ...

Excerpt: ...��) filed October 23, 2018 states 12 causes of action. Defendants previously brought a motion for summary judgment (“MSJ”) directed at the FAC which was denied by the Court (Hon. Barrett) on May 28, 2020. Defendant C3DNA filed its original and still operative Cross‐Complaint on February 8, 2019 stating claims for: 1) Breach of Fiduciary Duty; 2) Breach of Contract, and; 3) Breach of the Implied Covenant of Good Faith and Fair Dealing. All t...

Excerpt: ...rvices. Following these Doe Amendments, the Plaintiff obtained leave to file a Second Amended Complaint which is the subject of this demurrer. The County argues that first cause of action for vicarious liability of a public entity for negligent acts or omissions of its employees pursuant to Government Code Section 815.2 fails to state a valid claim for relief against the County because the general rule of vicarious liability provided in Section 8...

Excerpt: ...ue Toral (Priscilla Toral's husband) and Bank of America N.A. (“BofA”), erroneously sued as Bank of America Corporation. Currently before the Court is Defendant BofA's demurrer to the first cause of action for Conversion, the only claim in the Complaint alleged against it. The Court in ruling on a demurrer or motion to strike treats it “as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact ...

Excerpt: ...ilders, Inc. (“SC”), a California company and the general contractor on the project, owes it $587,790.00 in unpaid progress payments, plus interest. Plaintiff recorded a mechanic's lien on the property on March 10, 2020. In response Defendant SC, as Principal, and Defendant Fidelity and Deposition Company of Maryland (“F&D”), a Maryland Company, as surety executed and recorded a “Bond to Release Mechanic's Lien.” (See Complaint at ¶�...

Excerpt: ...ian Garzon and entirely dependent upon the first cause of action). Among other things the Complaint alleges (at ¶12) that on April 3, 2019 Plaintiff was injured while receiving “a neck massage from Defendant Edward Rangel, Certified Massage Practitioner.” It is clear from the face of the Complaint that Plaintiff was aware of both her alleged injury and its alleged negligent cause (professional negligence of health care providers) as soon as ...

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: ...�CFRA”); (2) Age discrimination and retaliation in violation of the Fair Employment and Housing Act (“FEHA”); (3) Wrongful discharge in violation of public policy, and; (4) Failure to engage in the interactive process in violation of FEHA. Defendant demurred to all four causes of action in the FAC on the sole ground that each of them failed to state sufficient facts. (See August 26, 2020 Notice of Demurrer.) On December 3, 2020 the Court (H...

Excerpt: ...ith interactive process; 4) Age Discrimination; 5) Retaliation in violation of FEHA, and; 6) Wrongful Constructive Termination in violation public policy. The Complaint alleges that Plaintiff began working for Defendant in 2008. In 2009 she became an Assistant Nurse Manager. Plaintiff alleges that after she developed thyroid cancer and fibromyalgia she notified Defendant in October 2017 and requested that Defendant reduce her work load from 40 ho...

Excerpt: ...re as an attorney.” (Burnete v. La Casa Dana Apartments (2007) 148 Cal.App.4th 1262, 1267, internal citations omitted.) The original complaint in this action was filed on May 12, 2020. It stated claims for: 1) Breach of Contract, of a purported written settlement agreement attached to the Complaint as exhibit A (Complaint at ¶19); 2) Breach of Duty of Loyalty; 3) Breach of the Implied Covenant of Good Faith and Fair Dealing; 4) Bad Faith Denia...

Excerpt: ...ie theater and that the moving escalator “jerked” while she was on it, causing her to fall and sustain injury. The original and still operative three‐page “Complaint for damages” filed on February 7, 2019 fails to comply with Rule of Court 2.1121 but states a single cause of action for premises liability against both Defendant Cinemark USA (owner of the movie theater) and Defendant Oakridge Mall (owner of the Mall itself). Paragraph 9 o...

Excerpt: ...any which merged into Plaintiff 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 and still operative Complaint filed April 20, 2020 states 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...