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 ...