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: ...¶ 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: ...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: ...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: ...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: ...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: ... 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: ... 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: ...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: ...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: ...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: ...utter Hospice”). Plaintiff alleges Stanford admitted her for medical care on October 5, 2017, when she was at a high risk for skin breakdown. (First Amended Complaint (“FAC”), ¶¶ 22–24.) Stanford created a skin integrity plan that required twice daily monitoring and repositioning of her body every two hours. (FAC, ¶¶ 26–27.) After Plaintiff's admission, Stanford failed to adhere to this care plan causing her to develop pressure ulce...

Excerpt: ...aziz Arjomand (collectively “Defendants” for purposes of this motion) have filed a cross‐complaint against Defendant Trader Joe's (“Trader Joe's”) and Trader Joe's has filed a cross‐complaint against Defendants. Currently before the Court is Trader Joe's motion for protective order, brought pursuant to Code of Civil Procedure (“CCP”) §§2017.020(a) and 2025.420(b), seeking an order blocking Defendants from taking the deposition o...

Excerpt: ..., Decedent retained Defendants as his counsel in connection with the case of Board of Trustees, et al. v. Advanced Installation, et al. (San Francisco County Superior Court, Case No. CPF‐13 513345). (Second Amended Complaint (“SAC”), ¶ 5.) Decedent also retained Defendants to represent him regarding a claim of withdrawal liability issued by the Carpenters Pension Trust Fund for Northern California (the “Fund”). (Ibid.) On January 22 20...

Excerpt: ... the business of financing vehicle inventory for car dealerships. Defendants Azzam Abdo and Jalal Shreim signed individual personal guaranties for all amounts owed by Friendly Wholesalers to Plaintiff under the Loan and Security Agreement. Signed copies of these guaranty agreements are attached to the Complaint as exhibits 2 and 3 respectively. Friendly Wholesalers subsequently entered into two promissory notes with Plaintiff, acknowledging recei...

Excerpt: ... products, so named because its production involves the heating or “toasting” of the cannabis. (FAC, ¶ 12.) Plaintiff has also developed and continuously uses the phrase “Toast. Chill. Repeat” in marketing its products. (FAC, ¶ 14.) Plaintiff acquired common law rights in its “Toasties” and “Toast. Chill. Repeat.” trademarks and they are also registered. (FAC, ¶ 14.) At the same time, Defendants distribute and sell cannabis pro...

Excerpt: ...ono”) alleged misappropriation of SunPower's proprietary information and trade secrets. According to the allegations of the complaint, DeBono was SunPower's Executive Vice President of Global Channels and responsible for SunPower's rooftop solar business. (Complaint, ¶ 1.) When he started at SunPower, DeBono signed a non‐disclosure agreement whereby he agreed to safeguard SunPower's confidential information and work exclusively for SunPower ...

Excerpt: ... by Altest, On Electronics, Inc., and Sentung, LLC (collectively “Corporate Defendants”). Additionally, she and Seng jointly owned, as tenants in common, residential real estate in San Jose, California (the “Property”). Prior to Decedent's death, she and the shareholders of Altest, including Seng, executed a buy‐back agreement pursuant to which the shareholders of Altest would buy back Decedent's shares when she died at a price of $2,50...

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: ...”], 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: ...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...

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: ...tached to the complaint as Exhibit A. A copy of a “management incentive plan FAQ” is attached as Exhibit B. Plaintiff's breach of contract claim alleges that his termination without cause on April 11, 2016 was a breach of contract. (See Complaint at ¶41.) The second cause of action for breach of the implied covenant of good faith and fair dealing duplicates the breach of contract claim and is not based on any independent allegations. (See Co...

Excerpt: ...r around one year.” (Complaint, ¶¶ 15 & 19.) Yi Qin reached out to his relatives (Plaintiffs)1 regarding Defendant's request. (Id. at ¶ 15.) Wei Qin then agreed to loan Defendant money, and Yi Qin informed Defendant of the same. (Id. at ¶ 16.) Defendant sent her bank account information to Yi Qin, who forwarded it to Wei Qin. (Ibid.) On July 15, 2016, Wei Qin wired Defendant approximately $650,522. (Id. at ¶¶ 17‐19.) Despite several dem...

Excerpt: ...intiff's motion to compel further responses to certain requests for production of documents and Defendant's motion for protective order. A copy of this Order is submitted as exhibit 1 to the declaration of Plaintiffs' Counsel Kyle Tracy in support of Plaintiff's motion. The Court on its own motion takes judicial notice of the March 12, 2019 order pursuant to Evidence Code §452(d) (court records). As a court order, the March 12, 2019 order can be...

Excerpt: ...ar period at her middle school by Teacher, starting when she was 13 years old. (Complaint, ¶ 1.) Prior to this abuse, District and Employees ignored red flags in Teacher's activities and behaviors. (Ibid.) Among other things, Teacher maintained a camera mounted in his classroom with a monitor in his office so he would be alerted of anyone approaching his classroom. (Ibid.) Employees were also aware of an incident in 2010 where Teacher sent inapp...

Excerpt: ...disputed that Plaintiff and Defendant are engaged in a still pending divorce proceeding in France. The operative First Amended Complaint (“FAC”) in this action, filed May 2, 2019, states claims for: (1) Injunction (seeking an injunction “requiring all proceeds and other consideration arising from the sale(s) of SSLP and GSS [Defendant Global Shipping Solutions, LLC] and/or their respective assets, to be deposited in one or more blocked acco...

Excerpt: ... 650I vehicle (“Vehicle”) which was manufactured and distributed by BMW. In connection with Plaintiff's purchase of the Vehicle, BMW provided express 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. The Vehicle contained several defects (e.g., engine defects) and after several attempts to repair the Vehicle, BMW was unable t...

Excerpt: ...ct (“FEHA,” Gov. Code §12940 et seq.): 1) “Denial of employment due to religious creed, national origin, ancestry, and disability.” 2) “Job applicant inquiries as to the nature or severity of a disability,” 3) “Limitation and segregation in employment due to religious creed, national origin, ancestry and disability,” 4) “Harassment in employment due to religious creed, national origin, ancestry and disability,” and 5) “Empl...

Excerpt: ...h 2006, Purvis obtained a loan in the amount of $695,000 secured by the Property, and executed a Deed of Trust (“DOT”) in favor of World Savings Bank, FSB (“World Savings”). (Id. at ¶ 10 & Ex. A.) Thereafter, the beneficial interest in the loan was transferred to Wells Fargo. (Id. at ¶ 10.) In late 2008, Purvis sought a loan modification from Wells Fargo, but Wells Fargo refused to modify the loan because Purvis had made all of his mont...

Excerpt: ...tter was filed on March 22, 2019 and states four causes of action. The first is titled “Breach of Contract and Implied Covenant of Good Faith and Fair Dealing,” (two separate and distinct causes of action), alleging that Defendant breached an NDA the parties had signed by, among other things, “first purchasing, and then encouraging hundreds of their affiliates to advertise the literal characters of the TRADEMARKIA Marks [defined in the Comp...

Excerpt: ...ghts. (FAC, ¶ 17.) In October 2017, Plaintiff was admitted to Stanford's hospital and upon admission was deemed at high risk for skin breakdown. (FAC, ¶ 24.) The nursing staff created a skin integrity plan for her by which they would monitor her skin two times daily. (FAC, ¶ 26.) The protocol also required staff to reposition her at least every two hours to prevent skin breakdown. (FAC, ¶ 27.) Due to deliberate understaffing by its managing a...

Excerpt: ...r period at her middle school by Teacher, starting when she was 13 years old. (Complaint, ¶ 1.) Prior to this abuse, District and Employees ignored red flags in Teacher's activities and behaviors. (Ibid.) Among other things, Teacher maintained a camera mounted in his classroom with a monitor in his office so he would be alerted of anyone approaching his classroom. (Ibid.) Employees were also aware of an incident in 2010 where Teacher sent inappr...

Excerpt: ... action was filed on May 1, 2018. A First Amended Complaint (“FAC') was filed on February 11, 2019. The operative Second Amended Complaint (“SAC”) states claims for: (1) Breach of Written Contract (based on Defendant's alleged cessation of contract payments in November 2015, SAC at ¶29); (2) Breach of the Implied Covenant of Good Faith and Fair Dealing (based on the same alleged failure to pay on contract, SAC at ¶35); (3) Fraud (based on...

Excerpt: ...nd Procedural Background This is a lemon law action. On March 11, 2012, Plaintiffs leased a 2012 KIA Optima (the “Subject Vehicle”) manufactured and/or distributed by Defendant. (First Amended Complaint (“FAC”), ¶¶ 1, 6, & 10.) The Subject Vehicle contained a 2.4‐liter gasoline direct injection engine. (Id., ¶ 10.) In connection with the lease, Plaintiffs received an express warranty, including a 5‐year/60,000 mile express bumper t...

Excerpt: ...iled in Monterrey County in 2018 and transferred to Santa Clara County on March 22, 2019, states 16 causes of action against various defendants, usually identified only as “Defendants,” including Defendant JPMorgan Chase Bank, N.A. (“Chase”). These claims are: (1) Declaratory Relief (as to the 2963 Cormorant Road Property); (2) Declaratory Relief (as to the 3905 Williams Road Property); (3) Injunctive Relief (re the 2963 Cormorant Road pr...

Excerpt: ...s obtained a loan in the amount of $695,000 secured by the Property, and executed a Deed of Trust (“DOT”) in favor of World Savings Bank, FSB (“World Savings”). (Id. at ¶ 10 & Ex. A.) Thereafter, the beneficial interest in the loan was transferred to Wells Fargo. (Id. at ¶ 10.) In late 2008, Purvis sought a loan modification from Wells Fargo, but Wells Fargo refused to modify the loan because Purvis had made all of his monthly payments....

Excerpt: ...Complaint, filed on January 25, 2019, states claims for (1) Breach of Fiduciary Duty (against Defendants Golden California and Liou as manager); (2) Conversion (against Defendants Golden California and Liou as manager); (3) Breach of Statutory Books‐and‐Records Obligation (against Defendants Golden California and GCRC), and; (4) Application for Judicial Dissolution under §15908.02 of the Uniform Limited Partnership Act of 2008. Currently bef...

Excerpt: ...claratory Relief (seeking an unspecified declaration of rights and duties regarding the Subject Property) and (2) Quiet Title. Defendants Select Portfolio Services, Inc. (“SPS”) and U.S. Bank, NA, as successor trustee to Bank of America, NA, successor in interest to LaSalle Bank, NA, as trustee on behalf of the holders of WAMU Mortgage Pass‐Through Certificates Series 2007‐OA6 (“Trustee,” collectively “Defendants”) brought a demur...

Excerpt: ...Enrichment, and; 5) Unfair Competition. Attached as exhibits 1 and 2 to the FACC are copies of two written agreements between Qualium and Blue Shield, entered into in 2002 and 2012 respectively. Paragraph 4.4.(b) of the 2012 Agreement (which Blue Shield did not sign until 2013) required Qualium to notify Blue Shield if it were ever suspended or excluded from participating in Medicare. Paragraph 7.3 of the 2012 Agreement provided that Blue Should ...

Excerpt: ...n award of monetary sanctions; and (3) the motion by KB Home to compel Zenith to comply with a subpoena for the production of business records and for an award of monetary sanctions. Factual and Procedural Background This is a subrogation action brought by Zenith against KB Home and defendant Randazzo Enterprises, Inc. (collectively, “Defendants”). According to the allegations of the complaint, “Nery Manuel Barrera [(‘Barrera')] was injur...

Excerpt: ...tum 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 required. The defendant won on a summary judgment f...

Excerpt: ...oper and fraudulent attempts to seize Plaintiff's real property, interfere with his finances, etc. The original and operative Complaint filed by Plaintiff in this Court on March 8, 2019 against ABS and others states claims for 1) Fraud and Deceit; 2) Negligent Misrepresentation; 3) Intentional Misrepresentation; 4) Conversion; 5) Intentional Interference with “Prospective Economical Advantage”; 6) Negligent Interference with “Prospective Ec...

Excerpt: ...e 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 st...

Excerpt: ...ntenance and repair of the vehicle during a specified time period. (FAC ¶ 14.) During the warranty period, the vehicle developed numerous problems that substantially impair the use, value or safety of the vehicle. (FAC, ¶ 14.) Furthermore, the vehicle was sold with a latent defect resulting in prolonged failure of the engine's rod bearings. (FAC, ¶¶ 20‐25.) This defect renders the vehicle prone to costly repairs, engine stalling, and catast...

Excerpt: ...onses to Defendant's requests for production of documents (“RFPDs”), set one. Background of the Discovery Dispute On September 26, 2018 Defendant propounded the RFPDs, set one, currently at issue on Plaintiff. (See Declaration of Defense Counsel Matthew Salmonsen (“Salmonsen Decl.) at ¶3 and attached exhibit A.) On November 8, 2018 Plaintiff served its initial responses on Defendant. (Salmonsen Decl. at ¶4 and exhibit B.) On December 18, ...

Excerpt: ...Amended Complaint (“FAC”), ¶ 10.) Apollo wanted Kinetic to design an anode converter module and Cassidy provided Thein with rough specifications of what Apollo wanted. (Id. at ¶ 11.) On January 19, 2018, Thein met with representatives at Apollo and provided Apollo with information about the product Kinetic could provide and pricing. (FAC, ¶ 12.) The parties continued to correspond regarding the proposed work, but Kinetic declined to bid on...

Excerpt: ... contractor, entered into a written contract with Viewfield in March 2016. (Complaint, ¶¶ 1 & 5.) Under the terms of the contract, ACRI agreed to furnish labor, materials, and equipment for repair and remodel work at property located at 135 Johnson Avenue, Los Gatos, California (“Property”). (Id. at ¶ 5.) “The reasonable value of the labor, materials, service, and equipment furnished … was … $149,100” and Viewfield agreed to pay th...

Excerpt: ...nuary 2018. Plaintiff alleges that the policy was first entered into in June 2015 and was “renewed” in June 2016 and June 2017. (See Complaint at ¶10, a copy of the 2015‐2016 policy is attached to the Complaint as exhibit A.) However, the policy attached to the Complaint states on its front page that its period ran from June 30, 2015 to June 30, 2016. Plaintiff has included in exhibit A to the Complaint copies of what it describes as “re...

Excerpt: ...int at ¶2.) Plaintiffs' original and still operative “Verified Complaint” was filed on September 21, 2018. The copy of the Complaint on file with the Court has no verification attached and is not signed by counsel. The Complaint states five (really four) causes of action: (1) Breach of Statutory Duty; (2) Promissory Estoppel; (3) Accounting; (4) Unfair Business Practices, and; (5) Preliminary Injunction, which is not an independent cause of ...

Excerpt: ...he vehicle) and Defendant Trader Joe's Company, Inc. (“Trader Joe's”). Several of the defendants in these consolidated actions have made cross‐claims against other defendants. Defendants Sima Hariran and Abdolaziz Arjomand (hereafter “Defendants” for purposes of this motion) have filed a cross‐ complaint against Trader Joe's and Trader Joe's has filed a cross‐complaint against Defendants. A. Background of the discovery dispute On Ja...

Excerpt: ..., Stanford Real Estate Networks, LLC dba Amar Realtor, and Silicon Valley Real Estate Corporation dba Keller Williams Palo Alto (collectively “Broker Defendants”). The original complaint in this action was filed October 6, 2014. The operative Fifth Amended Complaint (“5AC”), filed September 5, 2018, originally asserted twelve causes of action: (1) invasion of privacy under the California Constitution, article I, section 1; (2) housing dis...

Excerpt: ...ound This is an action for breach of contract and conversion brought by Plaintiffs against Defendant. According to the allegations of Plaintiffs' complaint, Plaintiffs are nonprofit organizations devoted to serving children through various child care and child development programs. (Complaint, ¶ 1 & 5.) Defendant is also in the business of providing services related to child care and child development programs. (Id. at ¶ 2.) Plaintiffs contract...

Excerpt: ...��SAC”) states claims for: 1) Violation of Health & Safety Code § 1278.5; 2) Violation of Labor Code §1102.5; 3) Violation of Labor Code §98.6; 4) Violation of Labor Code §6310; 5) Defamation (alleging that false oral statements were made that Plaintiff was caught with a drug bottle in his pocket and then terminated for drug diversion); 6) False Light Invasion of Privacy (based on the same oral statements) ; 7) Disability Discrimination (FE...

Excerpt: ...f financial officer, and sole director of Setty Dental.2 (Complaint, ¶¶ 3‐5 & 11.) Potti “was an agent and/or employee” of Setty and Setty Dental, and performed all relevant actions in that capacity. (Id. at ¶ 6.) “Defendants owned and operated a dental practice located at 1705 Branham Lane Suite B4, San Jose, [California] … .” (Id. at ¶ 14.) In 2015, Defendants decided to market and sell the Practice. (Complaint, ¶ 15.) They ret...

Excerpt: ...¶ 2.) Plaintiff Aaronson, Austin, P.A. (“Plaintiff”) is a law firm based in Orlando Florida, practicing consumer law on behalf of aggrieved timeshare owners. (Id. at ¶ 1.) “From and since 2014, … Plaintiff … had an agreement with Defendant” to “advertise online in the search engine operated by … Defendant.” (Complaint, ¶ 3.) Pursuant to that agreement, Plaintiff made payments to Defendant “on a ‘per‐click' basis … und...

Excerpt: ...nt (“FAC”), Plaintiffs' unit is in a complex with defective drain, plumbing, and waste‐ management systems.1 Their toilet overflowed repeatedly and a sewage pipe burst in their living room, spraying them from above as they watched a movie. Plaintiffs contacted CIMS many times, but it consistently refused to hire a plumber or assist them with cleanup. Plaintiffs persisted, and CIMS eventually scheduled a plumber; but, the plumber never showe...

Excerpt: ...intiff fails to demonstrate he is entitled to a protective order. First, he does not clearly and consistently identify the nature and scope of the protective order he seeks. In the caption of his combined notice and motion, he states he seeks an order limiting the scope of discovery, restricting the extent or use of a discovery method, and appointing a discovery referee. Yet, in the body of this same document he states “by way of an example onl...

Excerpt: ... Camino Real, Sunnyvale, California. (Complaint, pp. 1:15‐18 & 2:8‐11.) On December 30, 2016, Plaintiff stopped by Patio Bar where she was allegedly “harassed, hassled, stressed, beleaguered and threatened by the Bar Employees and was kicked and harmed physically.” (Id. at p. 2:8‐17.) Plaintiff alleges that she was denied service and her civil rights were violated by Patio Bar's manager and employees. (Id. at p. 2:14‐28.) Based on the...

Excerpt: ...eclaratory Relief and 2) Interference with Prospective Economic Advantage. The Complaint alleges that Plaintiff is a California resident and that in early 2010 Defendant solicited him to work for it in California “as a sales representative employed from his home located on Bryan Avenue, in San Jose, California. Plaintiff was employed to call on prospective customers throughout the United States, including within the State of California, using h...

Excerpt: ...FAC”), ¶ 5.) “Konverti facilitates exchanges of small amounts of currency.” (Ibid.) “These transactions typically involve small amounts that someone would need coming into a country or would want to get rid of going out of a country.” (Ibid.) The identities of Konverti users are vetted through Defendant's identity management system. (Id. at ¶ 6.) “Konverti users are tracked with their Apple IDs while using Konverti.” (Ibid.) Plain...

Excerpt: ...intiff fails to demonstrate he is entitled to a protective order. First, he does not clearly and consistently identify the nature and scope of the protective order he seeks. In the caption of his combined notice and motion, he states he seeks an order limiting the scope of discovery, restricting the extent or use of a discovery method, and appointing a discovery referee. Yet, in the body of this same document he states “by way of an example onl...

Excerpt: ...ran (hereafter “Defendant”) filed a Cross‐Complaint on August 30, 2017 stating claims for Quiet Title, Declaratory Relief, Injunctive Relief, Private Nuisance, Trespass, Assault and Battery. Currently before the Court is Plaintiffs' motion for summary judgment/adjudication of all of their claims as well as all of Defendant's cross‐claims except the sixth and seventh (assault and battery). As an initial matter the Court has exercised its d...

Excerpt: ...SI”), and requests for production of documents, set one (“RPD”). Factual and Procedural Background This is an action for fraud, breach of contract, and common counts. Plaintiffs allegedly loaned money to Defendant, a family friend, who thereafter failed to pay them back. (Complaint, ¶¶ 12‐14.) 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.�...

Excerpt: ... allegation contained in the complaint.” (Answer at p. 1:19–20.) He also asserts eleven affirmative defenses: (1) comparative fault; (2) failure to state sufficient facts; (3) statute of limitations; (4) third‐party fault; (5) assumption of risk; (6) comparative fault; (7) limitation on damages under Civil Code sections 1431.2 and 1431.5; (8) limitation on damages under Civil Code sections 3333.3 and 3333.4; (10) failure to mitigate damages...

Excerpt: ...1) unpaid wages – failure to pay commissions; (2) unlawful wage deductions; (3) breach of contract; (4) breach of implied covenant of good faith and fair dealing; (5) failure to reimburse an employee for business expenses; (6) unfair business practices; (7) waiting time penalties; and (8) failure to provide accurate wage statements. Thereafter, DealerCMO filed the operative first amended cross‐complaint (“FACC”) against Wilder. According ...

Excerpt: ...owed to Plaintiff under a consulting contract with the District which called for Plaintiff to aid the District in getting the proper documentation to support mandated cost claims to be filed with the State. The operative First Amended Complaint (“FAC”) filed October 18, 2017 alleges that Plaintiff and District entered into a contract whereby Plaintiff was to prepare and maintain documentation for District. This documentation would eventually ...

Excerpt: ...each of Contract, alleged by Plaintiff Headstart Nursery against Uesugi only; 2) Breach of Contract, alleged by Plaintiff T and C Supplies, Inc. against Uesugi only); 3) Common Count—Goods and Services Rendered, alleged by both Plaintiffs against Uesugi only; 4) Unjust Enrichment (mislabeled as a common count3 ), alleged by both Plaintiffs against Defendant Heritage Bank of Commerce (“HBC”), Uesugi's secured creditor, and; 5) Declaratory Re...

Excerpt: ...ject Vehicle contained a 2.4‐liter gasoline direct injection engine. (Id., ¶ 10.) In connection with the lease, Plaintiffs received an express warranty, including a 5‐year/60,000 mile express bumper to bumper warranty, a 10‐ year/100,000 mile powertrain warranty, and a 10‐ year/120,000 mile extended coverage plan, which covers Theta 2.0‐liter and 2.4‐liter gasoline direct injection engines installed in certain Kia Optima, Sportage, a...

Excerpt: ...bruary 6, 2019 the Court ordered this case consolidated with an unlawful detainer action (case no. 18CV337024) between the same parties, but brought by Defendant Abpikar against Plaintiff. In that unlawful detainer action, Defendant Abpikar was represented by attorney Daniel T. Paris until Mr. Paris's motion to be relieved as counsel was granted by the Court in the unlawful detainer action (Hon. Overton) on January 31, 2019, before the action was...

Excerpt: ...ded Complaint (“FAC”), ¶¶ 1, 20.) On July 31, 2006, Plaintiff entered into a written purchase and sale agreement (“Purchase Agreement”) with Hypercom U.SA., Inc. (“Hypercom U.S.A.”), a wholly owned subsidiary of Hypercom Corporation (collectively, “Hypercom”). (Id., at ¶¶ 2, 21, Ex. B.) Pursuant to the terms of the Purchase Agreement, Plaintiff agreed to purchase no less than 17,000 T4100 credit card processing terminal units ...

Excerpt: ...t Plaintiff for Misappropriation of Trade Secrets (with the alleged trade secrets identified as being client information and sales strategies). Currently before the Court are Plaintiff's motions to compel further responses to requests for admissions (“RFAs”) set two, requests for production of documents (“RFPDs”) set two, and form interrogatories (“FIs”), general, set one (unnecessarily filed as three separate motions), all of which a...

Excerpt: ...ia dba See Mo Cars (“Friendly Wholesalers”) under a loan and security agreement. Westlake filed its complaint against Friendly Wholesalers, defendant and crosscomplainant Azzam Abdo (“Abdo”), and defendant and cross‐ defendant Jalal Shreim (“Shreim”) (collectively, “Defendants”) on August 21, 2017. According to the allegations of complaint, Westlake is in the business of financing vehicle inventory for car dealerships. Abdo and ...

Excerpt: ...f California dba See Mo Cars (“Friendly Wholesalers”) under a loan and security agreement. Westlake filed its complaint against Friendly Wholesalers, defendant and crosscomplainant Azzam Abdo (“Abdo”), and defendant and cross‐defendant Jalal Shreim (“Shreim”) (collectively, “Defendants”) on August 21, 2017. According to the allegations of complaint, Westlake is in the business of financing vehicle inventory for car dealerships. ...

Excerpt: ... “Plaintiffs”).2 Factual and Procedural Background This is a personal injury action. On July 4, 2016, at approximately 9:00 p.m., Michael and Mateo, both minors, were “crossing Monterey Road in an eastbound direction at its intersection with … Fourth Street … .” (Complaint, ¶¶ 1, 6, 19, 29, & 34‐35.) Defendant Jacquelyn Fontaine (“Fontaine”) was driving her white Jeep SUV northbound on Monterey Road towards the intersection. (...

Excerpt: .... Currently before the Court is Defendant's demurrer to the entire complaint on the ground that it is uncertain. Request for Judicial Notice A precondition to judicial notice in either its permissive or mandatory form is that the matter to be noticed be relevant to the material issue before the Court. (Silverado Modjeska Recreation and Park Dist. v. County of Orange (2011) 197 Cal.App.4th 282, 307, citing People v. Shamrock Foods Co. (2000) 24 Ca...

Excerpt: ... practice of unlawfully falsifying bail bonds with his signature. (Id. at ¶¶ 14‐15.) Defendant refused to stop its unlawful conduct and constructively terminated Plaintiff as a result of his complaints. (Id. at ¶ 16.) Based on the foregoing, Plaintiff filed the operative 4AC against Defendant on February 2, 2017, alleging causes of action for: (1) failure to furnish accurate wage statements in violation of Labor Code section 226, subdivision...

Excerpt: ...vely alleges that the grass strip was either “owned and/or controlled and/or maintained” by Defendant City of San Jose (“City”) or by Defendants Joven & Ederlina Lagdamen (“Lagdamens”) who own/reside at 604 Genine Court. The FAC states two causes of action: 1) Dangerous Condition of Public Property (against the City only) alleging (FAC at 12) that “the portion of the grass road verge of which Plaintiff complains in this action was u...

Excerpt: ...vely alleges that the grass strip was either “owned and/or controlled and/or maintained” by Defendant City of San Jose (“City”) or by Defendants Joven & Ederlina Lagdamen (“Lagdamens”) who own/reside at 604 Genine Court. The FAC states two causes of action: 1) Dangerous Condition of Public Property (against the City only) alleging (FAC at 12) that “the portion of the grass road verge of which Plaintiff complains in this action was u...

Excerpt: ...sponsive to the RPD, and an award of monetary sanctions. Factual and Procedural Background This is a personal injury action. On October 2, 2015, Salvador and his minor children (collectively, “Plaintiffs”) went to defendant California Great America (“Great America”), which does business as an amusement park. (Complaint, ¶¶ 1‐2 & 8.) “While at the park, the family rode on the ride called: ‘Snoopy Space Ride' and/or ‘First Beagle ...

Excerpt: ...equest for productions of documents, set one A. Background of the discovery dispute On November 27, 2018 Plaintiff propounded the requests for production of documents (“RFPDs”) that are the subject of the current motion on Defendant via regular mail. (See Declaration of Plaintiff's Counsel Frank Mayo (“Mayo Decl.”) at ¶2 & Ex.1.) Defendant's responses were sent to Plaintiff on January 16, 2019 via regular mail. Plaintiff responded by sen...

Excerpt: ...plaint against Nano, Nano's CEO defendant XiangZhen Qi (“Qi”), and Nano's CFO defendant Qi Jiang, alleging causes of action for: (1) breach of contract; (2) breach of implied covenant of good faith and fair dealing; (3) fraud and deceit; (4) negligent misrepresentation; (5) negligence; (6) conversion; (7) breach of contract; (8) breach of implied covenant of good faith and fair dealing; and (9) conversion. Thereafter, Nano filed a cross‐ co...

Excerpt: ...ought by Defendants Loi Truong and My Nguyen (“Defendants”), filed January 10, 2019. Defendants deny that personal service, or any other proper service, ever occurred. Plaintiffs filed a one‐page opposition to the motion on February 22, 2019. Defendants move to quash service of summons pursuant to Code of Civil Procedure (“CCP”) §418.10, which provides that a defendant, on or before the last day of his/her time to plead or within any f...

Excerpt: ...unded health benefit plan, providing health care benefits to its employees and their dependents.” (Complaint, ¶ 3.) SAP America “entered into a contractual relationship with [Aetna, Inc. and Aetna Life Insurance Company (collectively, ‘Aetna')] for Aetna to provide administrative services with respect to paying for and/or arranging for medical care to be rendered by providers like [Plaintiff] to Aetna's participants.” (Id. at ¶¶ 2 & 10...

Excerpt: ...f. Currently before the Court are two matters: 1) Defendants' motion for protective order, opposed by Plaintiff, and; 2) Plaintiff's motion to compel production of a privilege log, unopposed by Defendants. Plaintiff had initially set her motion to compel for this date and Defendants were permitted to add the motion for protective order to this hearing date pursuant to a stipulation signed by the Court (Hon. Rudy) on March 27, 2019. The stipulatio...

Excerpt: ...favor of Plaintiff and Pauline requested a trial de novo. During that appeal, Defendant was negligent in representing Plaintiff by failing to timely respond to motions and orders, causing a series of judgments and sanctions to be issued against him. Defendant continued to represent Plaintiff in reference to the claims with Pauline until June 6, 2017, when he was substituted out in Santa Clara Superior Court Case number 16CV296777, Earle & Reimer ...

Excerpt: ...member of the Santa Clara City Council since 2011, and has served as mayor of the City of Santa Clara since her appointment in 2016. (Complaint, ¶¶ 1‐2.) Plaintiff allegedly resides in the jurisdiction of the City of Santa Clara. (Id. at ¶ 1.) From at least 2011 to the present, Defendant “has done business under the name ‘Public Property Advisors' ” and “represented her position in Public Property Advisors alternately as ‘independe...

Excerpt: ...” (Defendant Jay Wayne Jenkins), to appear at an after‐party in San Jose later that night when he was attacked, chased into a backstage parking lot and shot several times. The shooter has never been identified, much less apprehended. In case no. 2015‐1‐CV‐280456 (“Dennis Action”), Decedent's three children (two of whom are minors suing via their mother and guardian ad litem Ria Cotton) filed an action originally against Defendant Li...

Excerpt: ...ar only); and (4) unfair and deceptive practices under Business and Professions Code section 17200. The 49‐page complaint is dense with allegations, but the gravamen of the action is that various documents executed and recorded relative to Plaintiff's real property—such as notices of default, notices of trustee's sale, and substitutions of trustee and assignments of deed of trust—are invalid, thereby rendering void the foreclosure sale that...

Excerpt: ...gently operated a motor vehicle at the intersection of Hostetter Road and Four Oaks Road causing injuries and damages Plaintiffs. (Complaint, p. 4, ¶¶ MV‐1 and MV‐2.) Rodriguez and “Does 1 to 20” were allegedly “the agents and employees of the other defendants and acted within the scope of the agency.” (Id. at ¶ MV‐2.) Furthermore, “Does 1 to 20” allegedly “employed the persons who operated a motor vehicle in the course of ...