Excerpt: ... value of the contract was $2.27 million. (Id. at ¶ 6.) Plaintiff performed all covenants, promises and conditions under the contract, but Defendant has not paid Plaintiff as agreed. (Id. at ¶¶ 7, 8.) Plaintiff has sustained damages after payments received of not less than $1.05 million. (Id. at ¶ 9.) As a result, Plaintiff brings the SAC alleging (1) breach of written contract; (2) money had and received; (3) money paid; (4) money lent; (5) ...

Excerpt: ...��Subject Property”). (Second Amended Complaint (“SAC”), ¶¶5 and 16.) The Agreement was a partnership enterprise and contained two main components. (SAC, ¶17.) The first component was a service agreement wherein Asefi was to perform, or cause to be performed, certain work upon the Subject Property to improve its condition for re‐sale. (SAC, ¶18.) The second component was a partnership and/or joint venture between Asefi and Marifat whe...

Excerpt: ...efendant falsely induced Plaintiff to provide additional sums of money with the understanding that Plaintiff could become a legal immigrant to the United States if she invested $1 million or more in a U.S. company that employed at least 15 persons. (FAC, ¶7.) Defendant provided false financial data and documents relative to SSI to induce Plaintiff to provide money. (FAC, ¶8.) Over the following months, defendants caused Plaintiff to pay over to...

Excerpt: ...lva Dairy Farms, LP, DaSilva Dairy Management, Inc., and Joe DaSilva (collectively, “DaSilva Farms”), drove through a red traffic signal directly facing him without braking or swerving at the intersection at Dale Road and Kaiser Drive in the city of Modesto and collided with the Vehicle occupied by plaintiffs Holly Wright, Richard Wright III, Jeremy Wright, and decedents Ashleigh Wright and Curtis Lanch. (Second Amended Complaint (“SAC”),...

Excerpt: ...peline purposes. (Id. at ¶ 2.) Defendant erected and maintain a water pipeline outside of the easement grant, and claim a prescriptive and/or equitable fifteenfoot wide easement. (Id. at ¶ 3.) As a result, Plaintiffs are seeking to quiet title against Defendant's claimed easement and allege causes of action for: (1) quiet title; (2) declaratory relief; and (3) injunctive relief. Presently before the Court is Defendant's demurrer. II. Judicial N...

Excerpt: ...ecedent by 1 Plus 1 Senior Care Services Referral Agency to act as an independent contractor in providing caretaker services including, but not limited to, custodial care, management, and supervision of Decedent to prevent him from hazards, and to prevent him from physical harm and mental suffering. (Id.) Defendant so carelessly, negligently, and recklessly performed and provided in‐home senior caretaking services to Decedent and failed to prov...

Excerpt: ...”). (First Amended Complaint (“FAC”), ¶12.) Defendant Lees employed defendant Vo as a general contractor. (FAC, ¶12.) Plaintiff Reyes was an employee or independent contractor of defendants Vo and Lees working at the Premises at the direct command of defendants Vo and Lees. (FAC, ¶13.) While in the course and scope of his employment with defendants Vo and Lees, plaintiff Reyes's hand was crushed by a vehicle owned by defendant Vo. (FAC, ...

Excerpt: ... by the City of Los Angeles Department of Airports brought in San Mateo County Superior Court (“Underlying Action”). (Second Amended Complaint (“SAC”), ¶¶1 – 4 and 9.) In 2012, the Colets entered into a written fee agreement signed by Ralph Colet. (SAC, ¶9 and Exh. A.) Between June 2012 and January 22, 2013, the Colets agreed to make payments on the incurred legal costs and fees as clients of plaintiff Dincel and plaintiff Dincel Law...

Excerpt: ...Jon Stephen Clark, Hederandy James Santana, Hong Suen Chan, and Laurie Gerst. On July 26, 2019, Plaintiffs filed a Judicial Council form complaint against defendants asserting causes of action for: (1) Negligence—Motor Vehicle (2) General Negligence (3) Negligence Per Se (4) Negligent Entrustment of a Motor Vehicle On September 17, 2019, defendants Helen Chan and Hong Suen Chan filed an answer to Plaintiffs' complaint. On September 18, 2019, de...

Excerpt: ...f abuse and knowingly presented false reports of abuse to local and state authorities. Kamarei claims Bijan acted out of anger and jealousy because he was dating Bijan's ex‐wife, Tannaz Dastmalchi (“Tannaz”). In the cross‐ complaint, Kamarei asserts causes of action against Bijan for: (1) falsely reporting child abuse; (2) abuse of process; (3) intentional infliction of emotional distress; (4) negligent infliction of emotional distress; (...

Excerpt: ...urt. (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 owned by defendant RCS3 LLC and flew to Reno, Nevada to pick up defendant Mumbert and Decedent for transport to Santa Clara County for...

Excerpt: ...iang”) in mid‐2014 to discuss the possibility of investing in defendant Zen Media Entertainment Group, Inc. (“Zen Media”). (First Amended Complaint (“FAC”), ¶22.) Defendants Deutsch and Liang told Plaintiffs that Zen Media was an investment firm focused on developing and investing in entertainment, social media, video games and mobile commerce companies. (FAC, ¶22.) Defendants Deutsch and Liang made material misrepresentations to Pl...

Excerpt: ... 6.) He was subsequently hired as a regular employee. (Id. at ¶ 9.) Defendant promised to compensate Plaintiff 33 1/3 percent of the gross fees collected from projects assigned to him. (Ibid.) Plaintiff accepted the employment terms, but it immediately became clear that his position required substantial administrative work that did not directly lead to fee generation. (Id. at ¶ 11.) Consequently, Defendant modified his compensation agreement to...

Excerpt: ...��Subject Property”). (Second Amended Complaint (“SAC”), ¶¶5 and 16.) The Agreement was a partnership enterprise and contained two main components. (SAC, ¶17.) The first component was a service agreement wherein Asefi was to perform, or cause to be performed, certain work upon the Subject Property to improve its condition for re‐sale. (SAC, ¶18.) The second component was a partnership and/or joint venture between Asefi and Marifat whe...

Excerpt: ...pect to defendants Aetna Inc., Aetna Life Insurance Company, and Aetna Health of California Inc. (collectively, “Aetna”) who are in the business of underwriting and administering managed health care insurance plans. (Complaint, ¶¶4 – 6.) In other words, Plaintiff has not contracted with Aetna to participate in Aetna's provider network, or to provide services to Aetna insureds at discounted reimbursement rates. (Complaint, ¶6.) California...

Excerpt: ...oat, LLC (collectively, “Plaintiffs”) bring this action against TDTSA Inc., d.b.a. Keller Williams Saratoga (“Defendant”) and one of its brokers, David Propach, among others, for damages associated with breach of contract. According to the allegations of the complaint, RADE Properties, LLC (“RADE”) was formed to acquire, improve and resell real property on a short‐term basis. (Complaint, ¶ 25.) One of the properties identified by R...

Excerpt: ... value of the contract was $2.27 million. (Id. at ¶ 6.) Plaintiff performed all covenants, promises and conditions under the contract, but Defendant has not paid Plaintiff as agreed. (Id. at ¶¶ 7, 8.) Plaintiff has sustained damages after payments received of not less than $1.05 million. (Id. at ¶ 9.) As a result, Plaintiff brings the SAC alleging (1) breach of written contract; (2) money had and received; (3) money paid; (4) money lent; (5) ...

Excerpt: ... Laboratory Technician (“MLT”) program. (See Third Amended Complaint [“TAC”] at ¶ 20.) Plaintiff thereafter enrolled in the MLT program at De Anza College. (Ibid.) After Plaintiff started the program, defendant Patricia Buchner (“Buchner”) notified him that he needed to complete an “externship” at a clinical agency in order to graduate from the program. (TAC at ¶¶ 22, 28.) The school was responsible for providing students with ...

Excerpt: ...15, 2012, defendant Leal filed a complaint on behalf of plaintiff Tran against LaForge (“2012 Action”). (FAC, ¶4.) In or about December 2012, plaintiff Tran and defendant Leal entered into a hybrid hourly/contingency fee agreement which was subsequently modified in or about October 2013 to increase the percentage of recovery if a settlement was reached pre‐trial and to increase the deposit, among other things. (FAC, ¶5.) Defendant Leal su...

Excerpt: ...Marta Mester (“Mesters”) own real property commonly known as 15645 On Orbit Drive in Saratoga (“Mester Property”). (FAC, ¶2.) The real properties owned by Plaintiffs and the Mesters share a common boundary. (FAC, ¶6.) The Mester Property is burdened by a public easement. (Id.) Defendant Pacific Gas & Electric Company (“PG&E”) installed an electrical pole and service lines pursuant to the public utility easement. (Id.) The Mesters ac...

Excerpt: ...��Subject Property”). (Second Amended Complaint (“SAC”), ¶¶5 and 16.) The Agreement was a partnership enterprise and contained two main components. (SAC, ¶17.) The first component was a service agreement wherein Asefi was to perform, or cause to be performed, certain work upon the Subject Property to improve its condition for re‐sale. (SAC, ¶18.) The second component was a partnership and/or joint venture between Asefi and Marifat whe...

Excerpt: ... value of the contract was $2.27 million. (Id. at ¶ 6.) Plaintiff performed all covenants, promises and conditions under the contract, but Defendant has not paid Plaintiff as agreed. (Id. at ¶¶ 7, 8.) Plaintiff has sustained damages after payments received of not less than $1.05 million. (Id. at ¶ 9.) As a result, Plaintiff brings the SAC alleging (1) breach of written contract; (2) money had and received; (3) money paid; (4) money lent; (5) ...

Excerpt: ...ing the fork where the road divides into Serra Way. (Complaint, ¶9.) Defendant Joel Tomas Quezada Martinez (“Martinez”), in the course of employment with defendant Preston Pipelines, Inc. (“Preston”), was driving a large dump truck in one of the lanes proceeding onto eastbound Calaveras Boulevard. (Complaint, ¶12.) Plaintiff Dinh was preparing to proceed to Serra Way at the fork when all of a sudden and without warning, defendant Martin...

Excerpt: ...minorities, were using the pool when Defendant began questioning them in a racially hostile manner. Plaintiff was alerted to this issue and came to the pool to inquire about what was happening. After some discussion, Defendant lunged at her and forcefully grabbed her arm. These actions were racially motivated. On December 19, 2017, Plaintiff filed a complaint asserting causes of action against Defendant for assault, battery, and intentional infli...

Excerpt: ... Department. (Complaint at ¶ 7.) On May 26, 2017, the firearm that was stolen from Lucio's car was used by juveniles to shoot and maim plaintiff Michael Tomas near his home in Gilroy. (Id. at ¶ 12.) Thereafter, Michael Tomas and his wife, Amanda Tomas (collectively, “Plaintiffs”), filed a civil action against Lucio in Santa Clara County (case no. 18CV329796) which is currently pending. (Complaint at ¶ 13.) During discovery in that proceedi...

Excerpt: ...about January 2013, Plaintiffs retained defendant DLA Piper, LLP (“DLA Piper”) to represent them as defendants in Santa Clara County Superior Court, case number 112CV238292, entitled Garrett v. Robertson, et al. filed on or about December 2012 (“Garrett Complaint”). (FAC, ¶19.) The Garrett Complaint stemmed from an inter‐family business dispute over Greenlee's and the right to utilize the proprietary formulas and recipes commercially. ...

Excerpt: ...¶ 7‐ 8.) In particular, the contract promised that “[GEICO] will pay damages for bodily injury to an insured, caused by accident which the insured is legally entitled to recover from the owner or operator of an uninsured motor vehicle, underinsured vehicle, or a hit‐and‐run motor vehicle arising out of the ownership, maintenance or use of that motor vehicle.” (Id. at ¶ 8.) In addition, the contract provides that if the parties “do n...

Excerpt: ...g, concerning the superior design, engineering, and road worthiness of the Vehicle. (SAC, ¶12.) In November 2013, the Vehicle, while driven by plaintiff Miller, suddenly and without warning, switched into the neutral gear position. (SAC, ¶13.) During the course of vehicle repairs, plaintiff Miller learned that the problem he experienced was related to a defect in the Vehicle's driver controller module which caused the transfer case to switch in...

Excerpt: ...after. As it relates to defendant YouTube, plaintiff Popovic states her belief and assumptions that defendant YouTube was “covering” a crime and/or engaged in a “serious crime.” Plaintiff Popovic's complaint “ask[s] for compensation of $2 billion.” On August 15, 2019, defendant YouTube filed the motion now before the court, a demurrer to plaintiff Popovic's complaint. II. Defendant YouTube's demurrer to plaintiff Popovic's complaint i...

Excerpt: ...at promote financial inclusion. (Second Amended Complaint (“SAC”), ¶¶1, 7, and 10.) In February 2017, soon after Finclusion's inception, defendant Merom emailed co‐founders Li and Long stating his intent to step down. (SAC, ¶12.) For a brief time thereafter, defendant Merom appeared to have recommitted to Finclusion. (SAC, ¶13.) During that time between March and May 2017, the co‐founders expressed an intent and agreement to subject t...

Excerpt: ...C”), ¶¶2 and 9.) In the course of a massage by defendant Robert Hernandez (“Hernandez”), a masseuse employed by defendant BWI, plaintiff Jackson was subject to harmful or offensive contact by defendant Hernandez with intimate parts of her body and other acts offensive to her personal dignity. (FAC, ¶¶7 and 12 1 .) Between 2012 and March 4, 2017, there were no less than ten and possibly more than twenty complaints, reports, and/or charge...

Excerpt: ... 6.) He was subsequently hired as a regular employee. (Id. at ¶ 9.) Defendant promised to compensate Plaintiff 33 1/3 percent of the gross fees collected from projects assigned to him. (Ibid.) Plaintiff accepted the employment terms, but it immediately became clear that his position required substantial administrative work that did not directly lead to fee generation. (Id. at ¶ 11.) Consequently, Defendant modified his compensation agreement to...

Excerpt: ...ting allegations of abuse and knowingly presented false reports of abuse to local and state authorities. Kamarei claims Bijan acted out of anger and jealousy because he was dating Bijan's ex‐wife, Tannaz Dastmalchi (“Tannaz”). In the cross‐complaint, Kamarei asserts causes of action against Bijan for: (1) falsely reporting child abuse; (2) abuse of process; (3) intentional infliction of emotional distress; (4) negligent infliction of emot...

Excerpt: ...�PRI”) in May 2015. (FAC, ¶ 1.) PRI was a holding company formed for the sole purpose of acquiring Platinum. (Id. at ¶ 6.) Following the purchase, PRI merged into Platinum with each share converted accordingly. (Ibid.) As such, Plaintiff/Cross‐Defendant is PRI's successor in interest. (Ibid.) Despite the requirement to disclose material information including Platinum's liabilities during the sale process, Stephenson failed to disclose that ...

Excerpt: ...ed an express 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...

Excerpt: ...l Background Plaintiff Mike Payne & Associates, Inc. (“MPA”) specializes in terrazzo and stone installation, and is an industry leader in ceramic and mosaic tile related work and materials, including polished concrete floors, cementitious overlays, corrective grinding and epoxy flooring for commercial, retail, governmental, and residential facilities. (First Amended Complaint (“FAC”), ¶1.) In connection with the construction of defendant...

Excerpt: ...Perez [collectively, “Defendants”] at No. 1.) Plaintiff Melody brought a claim against Defendants with the company that insured the vehicle driven by defendant Alex, Progressive Casualty Insurance Company (“Progressive”). (See Defendants' Sep. Stmt. at No. 2.) The case settled for $15,000 which constitutes the limits of the Progressive insurance policy. (Id. at No. 5.) Plaintiffs Melody and her husband, Dennis Borch‐Jensen (“Dennis”...

Excerpt: ...s supervisor is defendant Santa Clara Unified School District (“SCUSD”). (Complaint, ¶12.) For each teacher, SCUSD maintains a confidential employee file to document, among other things, any disciplinary action. (Id.) When complaints are filed against teachers, SCUSD thoroughly investigates those allegations and maintains records of those investigations in the teacher's file. (Complaint, ¶13.) From the time plaintiff Caserta began working a...

Excerpt: ...) is the owner of real property located at 5320 Felter Road in San Jose (“Hazari Parcel”). (Complaint, ¶1.) Defendant Mandy J. Brady (“Brady”) is the owner of real property located at 5350 Felter Road in San Jose (“Brady Parcel”). (Complaint, ¶2.) The Brady Parcel is immediately adjacent to and shares a common boundary with the Hazari Parcel. (Id.) Defendant Brady disputes and denies the true and correct boundary line between the Br...

Excerpt: ...dant Milpitas Care Center (“MCC”) from April 2016 to July 2016 and came under the care or custody of defendants Vohra Wound Care Physicians of California, PC (“Vohra”) and Hongdu K. Ly, D.O. (“Dr. Ly”). (FAC, ¶¶2 – 5.) During their care and/or custody of Decedent, defendants Vohra and Dr. Ly failed to develop and implement adequate skin integrity and infection control/ monitoring measures, which resulted in Decedent sustaining inj...

Excerpt: ...ing 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 against plaintiff Lobo's ...

Excerpt: ...training program and obtained a phlebotomist state license, the prerequisite for admission to the Medical Laboratory Technician (“MLT”) program. (See Third Amended Complaint [“TAC”] at ¶ 20.) Plaintiff thereafter enrolled in the MLT program at De Anza College. (Ibid.) After Plaintiff started the program, defendant Patricia Buchner (“Buchner”) notified him that he needed to complete an “externship” at a clinical agency in order to...

Excerpt: ... to pickup payoff check on agreed date ‘08/07/2018' and location ‘2197 Wynfair Ridge Way, San Jose, CA' pursuant to the terms and conditions of a Credit Agreement Security #00001673.” (Complaint, ¶BC‐2 and Exh. B.) On or about August 8, 2018, defendant “trespass upon Credit Agreement Payoff Security Instrument NOTE and Release of Lien Security Contract Property with the intentions of fraud in the factum by intentionally avoiding the TE...

Excerpt: ...ptember 11, 2018 and provided 483 pages of documents of which approximately 444 pages were of the owner's manual.6 Plaintiff Marshall deemed defendant GM's response to RPD deficient. Between October 4, 2018 and December 7, 2018, plaintiff Marshall's counsel met and conferred with defendant GM's counsel regarding the purported deficiencies with defendant GM's response to plaintiff Marshall's RPD.7 As of December 10, 2018, plaintiff Marshall's coun...

Excerpt: ...efendant Rao was initially employed by Ma Labs as a RMA (return merchandise) clerk and subsequently became an account manager (sales) in or about 1994. (SAC, ¶16.) In late February 1995, defendant Rao filed for divorce from her then husband. (SAC, ¶17.) Plaintiff Abraham C. Ma (“Ma”) and Rao married on December 7, 1995. (Id.) After taking business and accounting studies at a local community college, defendant Rao returned to work at Ma Labs...

Excerpt: ...‐in‐interest to Decedent's estate. (Complaint, ¶1.) Defendant ALGD, LLC dba Stonebrook Health and Rehabilitation (“ALGD”) owned, leased, licensed, operated, administered, managed, directed, and/or controlled Stonebrook Health and Rehabilitation (“Stonebrook”), a skilled nursing facility in Los Gatos. (Complaint, ¶3.) Decedent was a resident of Stonebrook from approximately July 10, 2017 through approximately September 27, 2017. (Com...

Excerpt: ... under seal on Oct. 24, 2018; (2) Redacted Portions of the Memorandum of Points and Authorities in Support of Edeniq's Motion to Compel Further Responses referenced above; and (3) Redacted Portions of the Separate Statement of Discovery in Dispute in Support of Edeniq's Motion to Compel Further Responses referenced above. A court has the authority to order that a record be filed under seal only if it expressly finds facts that establish: 1. there...

Excerpt: ...gan questioning them in a racially hostile manner. Plaintiff was alerted to this issue and came to the pool to inquire about what was happening. After some discussion, Defendant lunged at her and forcefully grabbed her arm. These actions were racially motivated. Plaintiff asserts causes of action against Defendant for assault, battery, and intentional infliction of emotional distress. The motion presently before the Court concerns Defendant's pot...

Excerpt: ...China in 1993 at the age of 29 and began her employment at plaintiff Ma Laboratories, Inc. (“Ma Labs”) shortly after her arrival in the United States. (Second Amended Complaint (“SAC”), ¶14.) Defendant Rao was initially employed by Ma Labs as a RMA (return merchandise) clerk and subsequently became an account manager (sales) in or about 1994. (SAC, ¶16.) In late February 1995, defendant Rao filed for divorce from her then husband. (SAC,...

Excerpt: ...rice 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 Plaintiff demanded that Defendant convey the Property to him, Defendant instead evicted Plaintiff for technical violations of the lease that he had tacitly approved of for ye...