Excerpt: ...ontain improper boilerplate objections and lack complete and responsive answers to the questions posed. In opposition, BPH does not attempt to defend any of its objections and affirmatively states it “did not stand on any of its objections.”2 (See, e.g., Sep. Stat. at p. 5:28.) It insists it provided complete and straightforward responses to the interrogatories and should not be required to include additional information encompassed by the pr...

Excerpt: ...ative portion of the Complaint states “On or about May 1, 2017, Plaintiff Mansi Joshi, entered the sauna at City Sports Club located at 610 Newhall Drive, San Jose, California when she tripped and fell on to the heating element for the sauna due to lack of lighting caused by a burned out light bulb. As a result thereof, plaintiff suffered burns to her body.” Defendant Fitness International LLC (“Defendant”), who states that it was erroneo...

Excerpt: ...¶ 1, 2, & 28‐45.) Plaintiff, a Santa Clara County taxpayer, seeks to enjoin Smith, in her official capacity as Sheriff of Santa Clara County, and Sung, in his official capacity as Undersheriff and Acting Chief of Correction of Santa Clara County, from expending taxpayer funds and taxpayer‐financed resources on County of Santa Clara Board of Supervisors Policy 3.54(B) (“Policy 3.54(B)”). (Id. at ¶¶ 1, 2, 4‐7, 20, & 28‐45.) Policy 3....

Excerpt: ...rotective order; (3) the demurrer by Williams to the complaint; and (4) the motion by Williams to strike portions of the complaint. Factual and Procedural Background This action arises out of Williams' alleged breaches of an intellectual property agreement (“IPA”) he entered into with Apple and his development of a competing business, NuVia. Williams joined Apple in 2010, as a senior platform architect. (Complaint, ¶¶ 2 & 17.) While at Appl...

Excerpt: ... parents of the alleged bully. Currently before the Court is a motion for judgment on the pleadings by the District and its staff. As relevant here, Parents allege their daughter (“Minor”) was the target of significant bullying and harassment that culminated in the particular incident giving rise to her complaint against the perpetrating classmate (“Classmate”), and in turn, the claims in this action. (Compl., ¶¶ 10, 16–18.) According...

Excerpt: ... and (3) the motion by Defendants to strike portions of the complaint. Factual and Procedural Background This is an action for breach of contract and common counts. Li is a licensed attorney and the president, shareholder, and agent of Law Firm, a professional corporation. (Complaint, ¶¶ 2 & 3.) At all times, Li was the attorney of record for Wang and Hu in the case of Wang v. Santa Clara Valley Transportation Authority, et al., filed in Santa ...

Excerpt: ...es (collectively the “Rose Defendants”) are now jointly moving for summary judgment. That motion is opposed by Plaintiff. Defendant Emerald Landscape (“Emerald”) is also separately moving for summary judgment. That motion is opposed by Plaintiff and also by the Rose Defendants, despite the fact that Emerald's motion is only directed at Plaintiff's Complaint. The original and still operative form Complaint in this action was filed on Sept....

Excerpt: ...ctively, “Defendants”), as well as Trader Joe's, for damages associated with the accident. Trader Joe's filed a cross‐complaint against Defendants. Before the Court is Defendants' motion to compel deposition testimony of Trader Joe's employee Fonda Burke (“Burke”), Trader Joe's persons most knowledgeable (“PMKs”), and Trader Joe's store managers. Discovery Dispute On June 26, 2019, Defendants served a deposition notice on Trader Joe...

Excerpt: ...tiff's custom home. (First Amended Complaint (“FAC”), ¶¶ 2 & 6‐8.) Defendant's revised structural drawings and calculations were eventually approved by the City of Monte Sereno. (Id. at ¶ 8.) Construction of Plaintiff's home began in April 2016. (FAC, ¶ 9.) The foundation of the home was completed one month later. (Ibid.) In May 2017, Plaintiff was informed by his contractor that crown molding could not be installed in the home due to a...

Excerpt: ... Yang was terminated and/or forced out of TutorGroup Holding, as well as communications made to third parties regarding that lawsuit. The current complaint alleges that “[w]hen his lawsuit against [Plaintiff] was not producing the results he desired, Defendants decided to escalate the matter and harass TutorGroup Holding directly. Knowing that TutorGroup Holding was facing financial difficulties and was seeking additional funding to continues i...

Excerpt: ...she fell as a result of the wet, polished concrete floor. (Complaint, ¶¶ GN‐1, Prem.L‐1, & Prem.L‐2.) At the time of the accident, there was no sign indicating that the floor was being washed. (Id. at ¶¶ GN‐1 & Prem.L‐1.) The on‐duty manager of the store admonished the clerk and stated he would open the entrance door so the floor would dry faster. (Ibid.) The incident was witnessed by employees, customers, and other people in the ...

Excerpt: ...rst amended complaint (“FAC”) of plaintiff Jane Doe (“Plaintiff”). Factual and Procedural Background Plaintiff, a minor, by and through her Guardian ad Litem, John Doe, brought this action against District, Employees, and a former teacher (“Teacher”) (collectively, “Defendants”) for damages arising from Teacher's sexual abuse of Plaintiff at one of District's schools. Plaintiff's original complaint against Defendants alleged cause...

Excerpt: ... that Plaintiff “filed a complaint regarding quantum meruit and unjust enrichment no June 24, 2014 in Fulton County Atlanta, Georgia. These claims were based on the fact that Johnson provided an idea for the defendant that was the complete basis for the ‘Nordstrom Rack App' . . . Quantum meruit and unjust enrichment were litigated in Georgia merely because that is where the plaintiff resides as well as the defendant's doing business there as ...

Excerpt: ...dispute over payment for medical services and equipment. Qualium's operative second amended complaint (“SAC”) was filed on November 24, 2015, and alleged causes of action for: (1) breach of oral contract; (2) account stated; (3) unjust enrichment; (4) quantum meruit; and (5) unfair competition in violation of Business and Professions Code section 17200. In the SAC, Qualium alleged that it provided medical supplies and equipment to individuals...

Excerpt: ...aintiffs”).1 Factual and Procedural Background This action arises out of interventional radiology procedures performed on Lawrence by various doctors over the course of two days in March 2017. (SAC, ¶¶ FR‐2, FR‐5, IT‐1, & GN1.) Plaintiffs allege that they did not consent to the procedures, they were misled as to who would conduct the procedures, and the doctors failed to adequately treat and obtain care for Lawrence. (Id. at ¶¶ FR‐2...

Excerpt: ...was quickly followed by the operative First Amended Complaint (“FAC”) which was filed on April 23, 2019 and— according to a proof of service filed on April 23, 2019—was served on Defendant via regular mail. Currently before the Court is Defendant's motion to quash service of summons on the ground of lack of personal jurisdiction due to improper service. (See Notice of Motion at p. 1:21‐27.) Defendant does not deny receiving the FAC in t...

Excerpt: ...o the allegations of the operative complaint, Plaintiffs operate pain management clinics. (Complaint, ¶ ¶ 19, 20.) They were in‐network providers with CIGNA for many years, until 2014. (Id. at ¶ 2.) After they left the CIGNA network, CIGNA required excessive medical records and documentation for each bill prior to payment. (Id. at ¶ 3.) CIGNA claimed that Plaintiffs were under investigation and proceeded to ignore records submitted and deny...

Excerpt: ...contract; (2) breach of contract (alter ego liability), and; (3) fraud. Nano filed a cross‐complaint against Tongtai, cross‐ defendant Osaume Sekine (“Sekine”), cross‐defendant Thinh Nguyen, and cross‐defendant Todd Lizotte, alleging causes of action for: (1) breach of fiduciary duty; (2) breach of contract; (3) breach of contract; (4) misappropriation of trade secrets, and; (5) breach of the covenant of good faith and fair dealing. C...

Excerpt: ...d the property to her daughter Ms. Silipin through a recorded Grant Deed. (Id. at 10.) However, they agreed that the property would be transferred to Ms. Silipin as trustee for the benefit of each of Ms. Cifuentes' children: Plaintiff, Ms. Lopez, Elsie Barragan, and Delia Morellon. (FAC, ¶ 24.) Ms. Cifuentes continued to live in the home until her death in 2008. (Id. at ¶ 11.) Shortly after her death, Delia Morellon also died. (Id. at ¶ 12.) T...

Excerpt: ...Specifically, in July 2016, Defendant told Yi Qin that she urgently needed money and “would repay [money loaned to her] in or around one year.” (Complaint, ¶¶ 15 & 19.) Yi Qin reached out to his relatives regarding Defendant's request. (Id. at ¶ 15.) Wei Qin then agreed to loan Defendant money, and Yi Qin informed Defendant of the same. (Id. ¶ 16.) Defendant sent her bank account information to Yi Qin, who forwarded it to Wei Qin. (Ibid.)...

Excerpt: ...”], Exhibits A and B.) Plaintiff alleges that the defendants breached both the promissory note and the right of first refusal agreement. (4AC, ¶¶ 17‐26, Exhibits A and B.) Plaintiff further alleges that the defendants fraudulently represented that they would repay the note and the note would be secured by real property owned by Defendant Howard Misle (“Misle”) in Los Gatos (which had also been used to secure a 2010 promissory note in fa...

Excerpt: ...ent of public nuisance and unfair business practices. According to the allegations of the complaint, Coachella operates a business at real property located at 2142 The Alameda in San Jose (“Subject Property”). (Complaint, ¶¶ 7 & 15.) Defendant Esther Bright is the chief executive officer as well as an operator, owner, and member of Coachella. (Id. at ¶ 15.) Defendant Jennifer Prescott is the chief financial officer as well as an operator, ...

Excerpt: ...s of the complaint in intervention (“Complaint”), for seven years Ms. Encinas rented a home from Ms. Hynek and her husband, Bryan Hynek, who is now deceased. (Complaint, ¶¶ 21, 31.) During the tenancy, Mr. Hynek was the main point of contact for Ms. Encinas in matters related to the lease. (Complaint, ¶ 22.) Two years into the tenancy, Ms. Encinas separated from her husband, and Mr. Hynek began calling and texting her with unwelcome commen...

Excerpt: ...�Plaintiff purchased the Vehicle from a person or entity engaged in the business of manufacturing, distributing, or selling consumer goods at retail.” (Ibid.) In connection with Plaintiff's purchase of the Vehicle, BMW provided express written warranties by which it undertook to preserve or maintain the utility or performance of the Vehicle, or to provide compensation if there was failure of such performance. (Id. at ¶¶ 7 & 24‐26.) During t...

Excerpt: ...usiness.2 (FAC, ¶ 10.) In 2015, Defendant acquired the building from Plaintiff's previous landlord. (FAC, ¶ 10.) Plaintiff alleges Defendant modified the building's parking lot in a manner that precluded safe and convenient access by delivery trucks. (FAC, ¶¶ 15–17.) Additionally, in April 2018, Defendant wrongfully demanded payment of $49,362.19 in back taxes and gave Plaintiff a three‐day notice to quit.3 (FAC, ¶¶ 11–13.) Six months...