Excerpt: ... Complaint, filed January 31, 2019, states three causes of action: 1) Violation of Labor Code §98.6; 2) Violation of Labor Code §1102.5, and; 3) Violation of Labor Code §6310. Currently before the Court is Plaintiff's motion to compel further (“supplemental”) responses to requests for production of documents (“RFPDs”), set one, which it propounded on all three Defendants. Discovery Dispute Plaintiff served its RFPDs on each of the thre...

Excerpt: ...gatories, set two (“SI”), and for an award of monetary sanctions; and (3) the motion to compel Yifu to provide further responses to requests for production of documents, set two (“RPD”), and for an award of monetary sanctions.1 Factual and Procedural Background This is an action for retaliation. In April 2015, complainant X.Y. (“Complainant”) was hired to work as a cook for defendant Canton Prospect Inc. (“Canton”). (Complaint, ¶...

Excerpt: ...launch AgShift as a “one‐stop agricultural data company that would aggregate and analyze farm data collected in real‐ time…to generate and sell recommendations and insights into production and market dynamics….” (Compl., ¶ 12.) On August 5, 2015, the parties orally agreed that Plaintiff would consult for this new company as a partner and cofounder with “50% equity….” (Compl., ¶ 13.) The parties never formalized this agreement ...

Excerpt: ...nt “looked incapable of driving and caring for their son (extremely pale, eyes dialted [sic], body shaking and slurred speech).” (FAC, ¶ IT‐1.) Defendant had previously told his exwife that, while driving, “he suffered from double vision and short‐term memory loss,” “everything looked like a video game,” and “he could not keep his hands steady.” (Ibid.) When Defendant's ex‐wife told Defendant that he was in no condition to ...

Excerpt: ...carcinogens and reproductive toxins. It does so by requiring businesses to give clear and reasonable warnings before exposing the public to a chemical that is on a comprehensive list of chemicals “known to the state to cause cancer or reproductive toxicity.” (Health & Saf. Code, § 25249.6.) Actions to enforce Prop 65 may be brought by California's Attorney General, any district attorney, certain city attorneys, or a city prosecutor with the ...

Excerpt: ... admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law.” (Piccinini v. Cal. Emergency Management Agency (2014) 226 Cal.App.4th 685, 688, citing Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) “A demurrer tests only the legal sufficiency of the pleading. It admits the truth of all material factual allegations in the complaint; the question of plaintiff's ability to prove these allegations, or ...

Excerpt: ...vings Bank, beneficial interest of which was transferred to Defendant. (Id. at ¶ 10.) In March 2017, Defendant recorded a notice of default on the Property, but thereafter received and accepted mortgage payments from Plaintiff. (Ibid.) Plaintiff contends that the notice of default was invalid because of the loan payments and also because it did not contact him to discuss loss mitigation options. (Ibid.) Prior to the notice of default, Plaintiff ...

Excerpt: ...fendant stopped making payments after July 2018 with $25,118.03 now owed to Wells Fargo. In its original and still operative Complaint filed January 16, 2019 Wells Fargo states two cause of action two causes of action: 1) Breach of Contact (a visa credit card agreement, alleging a failure to pay the $25,118.03 now owed), and; 2) Common Counts (seeking the same amount). Attached to the Complaint as exhibit 1 is a copy of Wells Fargo's “Consumer ...

Excerpt: ...t are Plaintiff's separately filed (but largely identical) motions to compel further responses to: 1) Requests for Admission (“RFAs”) nos. 1 and 29, and; 2) Form Interrogatories 15.1 and 16.10. Both motions were filed on September 23, 2019 and both are opposed by Defendant. Background of the Discovery Dispute On May 17, 2019 (approximately six weeks after the Complaint was filed) Plaintiff propounded the discovery at issue. (See exhibit B to ...

Excerpt: ...endant(s) for purchases or cash advances by Defendant(s) or other persons with Defendant(s)' permission. The account is identified as credit account ending in 1006. The Defendant(s) was billed periodically throughout the credit relationship for the credit extended pursuant to the requirements of the Fair Credit Billing Act (15 USC Section 1666 et seq.) See an account record for account ending in 1006 attached as Exhibit ‘A'. The Plaintiff has p...

Excerpt: ...r of the Estate, as Defendants. Plaintiff is self‐represented in this action. “[W]hen a litigant is appearing in propria persona, he is entitled to the same, but no greater, consideration than other litigants and attorneys. Further, the in propria persona litigant is held to the same restrictive rules of procedure as an attorney.” (Burnete v. La Casa Dana Apartments (2007) 148 Cal.App.4th 1262, 1267, internal citations omitted).) The FAC st...

Excerpt: ...I, Set Two, on Defendant. (Declaration of Danny Ledezma in Support of Motion to Compel (“Ledezma Decl.”), ¶ 2, Exhibit 1.) After Defendant failed to provide timely responses, its counsel requested an extension. (Id., ¶ 6.) On July 25, 2019, Plaintiff's counsel granted the extension but noted that Defendant had waived all objections by failing to timely respond to the discovery requests. (Id., Exhibit 5.) On August 5, 2019, Defendant served ...

Excerpt: ...omplaint at ¶1.) The original and still operative Complaint in this action was filed by Plaintiffs Deanna Lacy (the alleged personal representative of Decedent's estate) and Kara Quirke (Decedent's surviving spouse) on July 30, 2019. The Complaint states three causes of action against seven named defendants and “Does 1‐100”: (1) “Violation of Government Code §§ 835, 815.2(A), 815.6, 835.2 and 840.4 (in essence a dangerous condition of ...

Excerpt: ...her counsel or a third‐ party observer. Factual and Procedural Background This is a personal injury action. On or about August 15, 2017, Arias, TVTI, and defendant Trans Valley Transport (collectively, “Defendants”) “negligently owned, operated, maintained, entrusted, and/or controlled” a vehicle and “cause[d] it to collide with [Gobezie and plaintiff Orlando Torres Cardoza's (collectively, ‘Plaintiffs')] vehicle.” (Complaint, ¶�...

Excerpt: ...f about managing his savings. (First Amended Complaint [“FAC”] at ¶ 26.) Dan represented that the defendants would “only invest [Plaintiff's] savings in low‐risk stocks.” (Id. at ¶ 27.) “[Chiao] also indicated that [Pacific Bay] would collect a small percentage of [Plaintiff's] eventual investment returns as compensation for [Pacific Bay's] investment management.” (Ibid.) Plaintiff allegedly agreed to pay the defendants “reasona...

Excerpt: ... 6.) Plaintiff alleges that she endured harassment, discrimination, and retaliation because she took medical leave for a physical disability and made complaints regarding patient care and safety. (Id. at p. 2:5‐10 & ¶¶ 8‐12, 14, 16‐17, & 19‐29.) Plaintiff further alleges that she was denied reasonable accommodations for her disability. (Id. at ¶¶ 23‐29.) Based on these allegations, Plaintiff filed a complaint against Defendant on Ju...

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: ...igent entrustment. Bernal and Radloff have a discovery dispute over Radloff's responses to requests for admissions, set one (“RFA”) and a related form interrogatory (“FI”) propounded by Bernal. More specifically, the parties dispute whether Radloff properly responded to RFA Nos. 1–4, 7– 8, 12, and 29 as well as FI No. 17 .1, which concern negligence, causation, damages, and apportionment of fault. Bernal maintains Radloff's objections...

Excerpt: ..., ¶ 11.) The trustee's deed upon sale attached to the FAC reflects Plaintiffs paid $187,491.35 for the Property, which was the amount of the outstanding debt owed by the previous owners, the Carneros, plus costs. (FAC, Ex. A.) Plaintiffs also allege facts reflecting the mortgage foreclosed upon may have been the Carneros family's 2007 purchase‐money mortgage securing a $650,000 loan made by Bear Stearns, which was subsequently acquired by defe...

Excerpt: ...at Rayapati and Vijayasri Rayapati met each other socially through a cousin of Plaintiff. (SAC, ¶¶ 10, 11.) Based on this relationship, Plaintiff was fraudulently induced to invest in Defendants' business enterprise, SAI. (Id. at ¶¶ 60, 61.) Plaintiff initially loaned them $100,000 relying on detailed and elaborate representations about Defendants' 3G/4G technology, big‐name investors, and customer base including several large companies. (I...

Excerpt: ...ived in the house behind Plaintiffs' Property reserved an easement extending 20 feet onto Plaintiffs' Property for ‘Yard Purposes.' A fence was constructed along the 20 foot strip and there was shared fencing along the public street. A copy of the deed reserving the 20‐foot strip is attached herein as Exhibit ‘A'.' (Complaint at ¶5.) Plaintiffs further allege that when Defendants Carl & Diana Farsai (“Defendants”) bought the house behi...

Excerpt: ...n (a). (Id. at 2:5‐7.) Defendant opposes the taking and use of its property by City. (Id. at 2:13‐16.) As a result, on October 2, 2019, Defendant filed a notice of demurrer and opposition to City's Motion for Prejudgment Possession. Before the Court is City's motion to strike. II. Motion to Strike Plaintiff moves to strike the demurrer1 and the opposition to Motion for Prejudgment Possession. However its notice of motion and memorandum of poi...

Excerpt: ...t, Plaintiff is employed by Santa Clara County Counsel's office. (Complaint, ¶ 3.) Her office is in a building owned, managed, maintained and controlled by Defendants. (Id. at ¶ 3.) The sidewalk between the building and vacant lot on the premises was dangerous and unsafe due to depressions and holes in the sidewalk, jagged breaks in the sidewalk, differing heights at portions of the sidewalk, and crevices which run across the concrete. (Ibid.) ...

Excerpt: ...anor Care demurred to the original complaint and on January 29, 2019 the Court (Hon. Pierce) adopted as final the uncontested tentative order sustaining that demurrer to all three causes of action on the ground that they failed to state sufficient facts with 10 days' leave to amend. Leave to amend was expressly granted because it was the first pleading challenge in the action and in spite of the opposition's failure to address how any of the clai...

Excerpt: ...g payments after July 2018 with $25,118.03 now owed to Wells Fargo. In its original and still operative Complaint filed January 16, 2019 Wells Fargo states two cause of action: 1) Breach of Contact (a visa credit card agreement, alleging a failure to pay the $25,118.03 now owed), and; 2) Common Counts (seeking the same amount). Attached to the Complaint as exhibit 1 is a copy of Wells Fargo's “Consumer Credit Card Customer Agreement & Disclosur...

Excerpt: ...FAC, ¶ ¶ 8, 9.) The original interest rate was 8.875 percent per annum. (Id. at ¶ 10.) Pursuant to the loan agreement, Plaintiff agreed to a Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing, recorded after the closing. (Id. at ¶ 12.) Several months later, Plaintiff informed Defendant of a change in contact person for the purpose of communications related to the loan agreement. (FAC, ¶ 13.) The loan maturit...

Excerpt: ...tners who invested in a business, Happy Hollow Market, and real property together. The consolidated action includes the following cases: (1) Gurdial Dosanjh, et al. v. Mangal Singh, et al. (Santa Clara County Superior Court, Case No. 16‐CV‐293825) (“Lead Action”) (2) Gurdial Dosanjh v. Mangal Singh, et al. (Santa Clara County Superior Court, Case No. 16‐CV‐302129) (“Derivative Action”). On April 13, 2016, plaintiffs Gurdial Dosanj...

Excerpt: ...xclude disclosure of policy limits or for a protective order is denied without prejudice to the making of an appropriate motion, objection, or other request to the arbitrator in the arbitration proceeding. Background This is the Superior Court companion case to an uninsured/ underinsured motorist arbitration proceeding pursuant to Insurance Code section 11580.2, subdivision (f). (Fenton decl., ¶¶ 1-5.) By this petition, claimant David Flores se...

Excerpt: ...admitted to the Santa Clara Valley Medical Center on December 20, 2017 where his right foot was amputated. Plaintiff was discharged from the medical center “on or around” December 31, 2017. Plaintiff's original complaint was filed on January 18, 2019, stating claims for professional medical negligence and battery. It did not allege compliance with the Government Claims Act or provide an explanation for its filing more than a year after the in...

Excerpt: ...any Apple policy or was at risk of being excluded from the Apple App Store. Plaintiff alleges that it invested over $150,000 developing and marketing Konverti. Plaintiff's original complaint was filed on December 28, 2018. On March 11, 2019 Plaintiff filed its First Amended Complaint (“FAC”) stating claims for (1) Negligent Misrepresentation and (2) Unfair Business Practices (UCL claim). Apple filed a demurrer to both causes of action alleged...

Excerpt: ...t”), three of its administrative staff members (“Employees”), and a former teacher (“Teacher”) for damages arising from Teacher's sexual abuse of Jane Doe at one of District's schools. According to the operative first amended complaint (“FAC”), Teacher repeatedly sexually abused Plaintiff over a three year period at her middle school. (FAC, ¶ 1.) Prior to this abuse, District and Employees ignored red flags regarding Teacher's beha...

Excerpt: ...ual and Procedural Background In this consolidated action, various plaintiffs have filed complaints regarding damage allegedly caused by subterranean tree roots and sewer depressions/sags. The consolidated action includes the following cases: (1) Hector Rivera, et al. v. City of Sunnyvale, et al. (Santa Clara County Superior Court, Case No. 2013‐1‐CV0240935) (“Rivera Action”) (2) Casa De Amigos Investments Ltd. v. City of Sunnyvale (Santa...

Excerpt: ...es of action: 1) Breach of Contract (by Headstart against Uesugi); 2) Breach of Contract (by T and C Supplies against Uesugi), and 3) Common Count—Goods and Services Rendered. Plaintiffs' First Amended Complaint (“FAC”) filed January 9, 2019 added a defendant and two more claims for a total of five causes of action: 1) Breach of Contract, alleged by Plaintiff Headstart Nursery against Uesugi only; 2) Breach of Contract, alleged by Plaintiff...

Excerpt: ...cle to a Kia authorized repair facility (Capitol Kia) for repair of nonconformities (“repairs of the engine and electrical”) on multiple occasions and Defendants were unable to bring to vehicle into compliance with the express warranties that accompanied its sale. The original and still operative Complaint was filed on December 19, 2018 and states three causes of action, all for violations of the Song‐Beverly Act, against Defendant Kia Moto...

Excerpt: ...merica sponsors a self‐ funded health benefit plan, providing health care benefits to its employees and their dependents.” (FAC, ¶ 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.�...

Excerpt: ...carelessly, negligently, recklessly, intentionally, and willfully fired a gun at his son, who was crouching in the hallway of the family home. (Ibid.) “Plaintiff ran to help her son” and Defendant “discharged the firearm … next to her ear,” which caused Plaintiff significant hearing loss. (Ibid.) “He then continued to attempt to get a clear shot at his son while Plaintiff was attempting to keep him from shooting their son.” (Ibid.) ...

Excerpt: ...ng Plaintiff because of her gender and sexual orientation. (Id. at ¶ 6.) For example, he said he would not drive a district vehicle with a “gay” logo, but told Plaintiff it was okay for her to do so because she is a “lesbo.” (Ibid.) He subsequently questioned why she “always wear jeans and a tee shirt” and then added, “You have boobs, you should wear girl clothes.” (Ibid.) On one occasion, Plaintiff was walking towards her car wh...

Excerpt: ... physician. (Compliant, p. 2:3‐5 & ¶ 1.) Plaintiff was recruited by Defendant to become the medical director of the pediatric rehabilitation program at Santa Clara Valley Medical Center (“SCVMC”). (Id. at p. 2:3‐5 & ¶¶ 1‐2.) Plaintiff began her employment with Defendant on January 5, 2015, as a staff physician and the medical director of the pediatric rehabilitation program at SCVMC. (Id. at ¶ 6.) As medical director, Plaintiff was ...

Excerpt: ...was filed on March 19, 2019 and states 15 causes of action (numbered 1 through 16, with the non‐existent 14th labeled as “reserved”), some of which are subdivided into purported “counts” as follows: 1) “Wrongful Use of Proceedings/Abuse of Process” (based on probate petitions filed in 2011, 2012 & 2016); 2) “Waste”; 3) Conversion; 4) Constructive Trust; 5) “Embezzlement/Unjust Enrichment Penal Code 487 & 490”; 6) “Grand Th...

Excerpt: ... of documents, set four (“RPD”), and for an award of monetary sanctions.2 Factual and Procedural Background This consolidated action arises out of a dispute between former business partners who invested in a business, Happy Hollow Market, and real property together. The consolidated action includes the following cases: (1) Gurdial Dosanjh, et al. v. Mangal Singh, et al. (Santa Clara County Superior Court, Case No. 16‐CV‐293825) (“Lead A...

Excerpt: ...an Jose, California (“Property”). (FAC, ¶¶ 3, 8, 19‐21, & 26.) Plaintiffs obtained a mortgage loan secured by a deed of trust (“DOT”) on the Property. (Id. at ¶¶ 1, 8, 11, & 19‐22.) The DOT was eventually assigned to JP Morgan Chase Bank, which has a lien on the Property. (Id. at ¶¶ 8, 19, & 21.) SPS, the loan servicer, allegedly recorded a lien on the Property even though Plaintiffs do not owe it money and it does not have a be...

Excerpt: ...17.1 (Second Amended Complaint (“SAC”), ¶¶ FR‐2, FR‐5, IT‐1, & GN‐1.) 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, FR‐3, FR‐4, IT‐1, & GN‐1.) As a result, Plaintiffs suffered injuries. (Id. at ¶¶ 11, FR‐6, IT‐1, & GN‐1.) Plaintiffs further allege that...

Excerpt: ...vide further responses to the SI, and for an award of monetary sanctions; (3) the motion to compel Canton to provide further responses to requests for production of documents, set one (“RPD”), and for an award of monetary sanctions; and (4) the motion to compel Yifu to provide further responses to the RPD, and for an award of monetary sanctions.4 Factual and Procedural Background This is an action for retaliation. In April 2015, complainant X...

Excerpt: ...ersonal property owned by Plaintiffs. (Ibid.) Plaintiffs allege that this Policy was in full force and effect when Plaintiffs' residence and personal property were damaged or destroyed by two separate water losses. (Id. at ¶ 2.) The first loss occurred on September 11, 2010 and the other loss occurred on September 18, 2011. (Ibid.) Plaintiffs allege that the damage caused by the two water losses giving rise to Plaintiffs' claims is covered under...

Excerpt: ...or Dismissal.” Pursuant to that order, in exchange for NY Life depositing the full policy amount with the Court, NY Life “is discharged of all liability in connection with the Death Benefit and the Policy and all claims against NYLIC that could be asserted herein and/or in relation to the Death Benefit and/or the Policy shall be and hereby are dismissed with prejudice.” Plaintiffs' original and still operative Complaint was filed Nov. 5, 20...

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: ...ini & Associates (“S&A”), Simoncini, S&A's sole proprietor, and Nannette Leduc (“Leduc”), an employee of S&A (collectively, “Defendants”). According to the allegations of Plaintiff's complaint, S&A's property suffered a water loss, causing significant damage. S&A and Simoncini hired Plaintiff, a licensed contractor, to mitigate the water damage and the parties entered into a contract to that effect. Plaintiff performed that work and S...

Excerpt: ...ilation, and air conditioning (“HVAC”) systems. (Compl., ¶ 8.) In 1999, they hired defendant Andrew Osborn (“Osborn”) as an independent contractor to sell these systems to companies in several counties throughout Northern California. (Compl., ¶ 11.) Osborn executed identical independent‐contractor agreements with Specialty and Pacific Coast agreeing that “correspondence, blueprints, quotations, plans, and other written information r...

Excerpt: ...��SI”), and for an award of monetary sanctions; and (3) the motion by Plaintiff to compel Kim to provide further responses to requests for production of documents, set one (“RPD”), and for an award of monetary sanctions. Factual and Procedural Background This action arises out of agreements to purchase shares of stock in defendant Chattingcat, Inc. (“Chattingcat”). Kim is the chief executive officer and president and sole director of Ch...

Excerpt: ... 1) Breach of Written Contract; 2) Common Count for Indebtedness for Work, Labor, Services and Materials, and; 3) Foreclosure of Mechanics' Lien. Currently before the Court are two matters: 1) Defendants' demurer to the Complaint's second and third causes of action, and; 2) Defendants' motion to strike certain portions of the Complaint. As an initial matter the Court notes that Defendants have failed to comply with Code of Civil Procedure (“CCP...

Excerpt: ...which time Respondent mistreated him in various ways. Decedent later filed for divorce in March 2017. Around the same time, he executed estate planning documents expressly disinheriting Respondent and devising all of his assets to Petitioner, his sister. In the divorce proceeding, Decedent and Respondent executed a Stipulation and Order Re: Partial Property Settlement (“Stipulated Order”) entered on October 4, 2017, which in pertinent part ad...

Excerpt: ...to provide investment advice and manage investment accounts for clients. (FAC, ¶¶ 2‐5 & 8.) In November 2012, Dan approached Plaintiff about managing his savings. (FAC, ¶ 26.) Dan represented that the defendants would “only invest [Plaintiff's] savings in low‐risk stocks.” (Id. at ¶ 27.) “[Dan] also indicated that [Pacific Bay] would collect a small percentage of [Plaintiff's] eventual investment returns as compensation for [Pacific...

Excerpt: ...ment of its medical school. (Complaint, ¶ 3.) Plaintiff performed gene therapy research in Kay's lab, first under his supervision and later under his mentorship. (Ibid.) In June 2014 and March 2016, Plaintiff was awarded two grants from the National Institutes of Health (“NIH”), which is part of the U.S. Department of Health and Human Services. (Id. at ¶ 12.) As a condition of receiving the grants, Plaintiff was required to comply with NIH ...

Excerpt: ...ing, assembling, marketing, distributing, and selling automobiles and other motor vehicles and motor vehicle components in Santa Clara County.” (Complaint, ¶ 4.) On or about August 7, 2012, Plaintiff purchased a 2013 Chevrolet Volt vehicle (“Vehicle”), “which was manufactured and or distributed by Defendant.” (Id. at ¶ 6.) In connection with the purchase, Plaintiff received an express warranty in which Defendant undertook to preserve ...

Excerpt: ...s from an alleged failure to provide written notice to Plaintiff that his applications for a loan modification and short sale were denied. According to the allegations of the operative first amended complaint (“FAC”), Plaintiff purchased real property located at 3892 Kauai Drive, San Jose (the “Property”). In order to purchase the Property, Plaintiff obtained a loan memorialized by a Deed of Trust and Promissory Note. The Deed of Trust wa...

Excerpt: ...nt's urging and Plaintiffs did not receive what they expected (and what they allege Decedent intended) from the estate upon Decedent's death on September 10, 2017. This dispute is also the subject of an action in the Probate division of this Court, case no. 18PR183155. In this action, Defendant is being sued in her individual capacity, as the alleged “personal representative” of Decedent, and as the Trustee of the 2004 Aberth Family Trust dat...

Excerpt: ...round of funding, but that he expected this deferred payment to include compensation for work he performed prior to March 1, 2017. Zhou, however, asserted Plaintiff would start earning a salary on March 1, 2017, and would not receive retroactive compensation for work performed prior to that date. Plaintiff alleges Zhou's refusal to compensate him for all the work he performed constituted a breach of their agreement. He asserts causes of action ag...

Excerpt: ...buted to him suffering post‐surgical complications and losing his right leg to amputation. They falsely promised Plaintiffs that a board certified vascular surgeon would be on standby during the procedure should any complications arise, when in fact one was not. Additionally, they failed to advise Plaintiffs of the true nature of the procedures he performed, failed to fully advise Plaintiffs of the risks and alternatives to the procedures, and ...

Excerpt: ...ill operative Complaint by Plaintiffs Mimi Karas Durante and Joseph Durante (“Plaintiffs”), alleged original (minority) shareholders and investors of PF1, states several3 causes of action: 1) “Breach of Contract and Accounting,” 2) “Tortious Breach of Contract and Accounting,” 3) Breach of Fiduciary Duties, 4) Aiding and Abetting Breach of Fiduciary Duties, 5) Conspiracy to Breach Fiduciary Duties 6) Fraudulent Concealment; 7) Constru...

Excerpt: ...al Background This is an action for breach of contract and common counts. On June 16, 2016, Fathom allegedly entered into a written agreement with Candesant whereby Fathom agreed to perform engineering consulting services and Candesant agreed to pay Fathom for its services (“Consulting Agreement”). (Complaint, ¶ 7 & Ex. A.) “Compensation for the tasks to be performed was set forth in Schedule A” of the Consulting Agreement. (Ibid.) Sched...

Excerpt: ...(the “App”). In 2015, the court granted Defendant's motion for summary judgment in the Georgia Action. Plaintiff alleges the court granted Defendant's motion only because it fraudulently concealed information from Plaintiff preventing her from establishing her claims. For example, Plaintiff alleges Defendant concealed the amount of revenue generated by the App in its response to an interrogatory answer. This allegedly prohibited Plaintiff fro...

Excerpt: ...ute arises from Defendant's banning Plaintiff from attending the convention. Defendant does not dispute that on January 4, 2018 it published a statement on its website and social media accounts stating in pertinent part that it had decided to revoke Plaintiff's attending membership and prohibit his presence at the Convention. Defendant stated that it had made this decision because Plaintiff purportedly had “made clear that he fully intends to b...

Excerpt: ...icle accident. On June 14, 2017, “[Gholston's] 2013 Hyundai Sonata collided with [Nguyen's] 2011 Peterbilt 386” on northbound Highway 101 in Gilroy, California. (First Amended Complaint (“FAC”), ¶ 7.) Plaintiffs Latia Evans and Laura Calbert (collectively, “Plaintiffs”) were passengers in Gholston's vehicle and sustained major physical injuries. (Ibid.) Plaintiffs allege that Gholston and Nguyen (collectively, “Defendants”) opera...

Excerpt: ...s causes of action against Defendants Rochelle Matkin, Quality Loan Service Corp., Barbara Lynn Simmons, Allan McGurk, Equity Center Real Estate, Nationstar Mortgage, LLC, Citibank, N.A., Wilmington Trust, N.A., BAC Home Loans Servicing, L.P. fka Countrywide Home Loans Servicing, Bank of America, N.A. and various Does (“Defendants”) The seven causes of action alleged are: (1) Fraudulent Transfer; (2) Conspiracy; (3) Temporary Restraining Orde...

Excerpt: ...n Electronics, Inc. (“OEI”), and Sentung, LLC (“Sentung”) (collectively, “Corporate Defendants”). (FAC, ¶ 1.) Prior to her death, she and the shareholders of Altest, including defendant Savann Seng (“Seng”), executed a buy‐ back agreement. (FAC, ¶¶ 15–17.) They agreed the shareholders of Altest would buy back her shares when she died at a price of $2,500 per share, subject to revaluation by unanimous agreement of the shareh...

Excerpt: ...dants Louis P. Barbaccia, Sr. (“Louis”), as trustee of the Louis P. Barbaccia Revocable Inter Vivos Trust dated May 22, 1984, Loubar, LLC (“Loubar”), Vivian Martorana, as successor trustee of the Josephine Pecoraro Trust, and Catherine Pecoraro (“Catherine”) (collectively, “Plaintiffs”) initiated this action against GBR on August 3, 2017. But the relevant facts reach further back in time. In 1960, the parents of Josephine B. Pecor...

Excerpt: ...s that Defendant has failed to comply with Code of Civil Procedure (“CCP”) § 435.5, effective January 1, 2018, which clearly requires a party moving to strike all or a portion of a pleading to file a declaration with such a motion stating their compliance with the meet and confer efforts required by the statute. As a failure to comply with the statute is not by itself a basis for denying the motion (see CCP § 435.5(a)(4)), the Court will pr...

Excerpt: ...ocal Parking Agreement (the “RPA”) for the purpose of developing a shopping center (“Center”) in Mountain View, California. The Johnson Family Partnership owned parcel 13 and had the right to review and consent to proposed changes to the design and composition of the Center. In 2011, a real estate developer that had acquired several of the parcels—Merlone Geier Partners—began the process of obtaining zoning and building approval from ...

Excerpt: ...Holdings, LLC (“EAN”) and various Does (“Defendants”). Currently before the Court is Defendant EAN's demurrer to the Complaint, opposed by Plaintiffs.1 As an initial matter the Court notes that Defendant has not complied with Code of Civil Procedure (“CCP”) §430.41, which requires the parties to meet and confer “in person or by telephone” before the filing of a demurrer. The mere exchange of emails, as described in the declaratio...

Excerpt: ...n. For example, during a group meeting Defendant made “homophobic comments and stated he would not drive a district vehicle with a gay logo,” but Plaintiff could drive it because she was a “ ‘lesbo.' ” (Compl., ¶ 6.) On or about January 26, 2016, Defendant asked Plaintiff why she always wore jeans and a t‐shirt. He then stated, “ ‘you have boobs you should wear girl clothes.' ” (Ibid.) Further, on or about March 10, 2016, Defen...

Excerpt: ...tion against Defendants in November 2013, by filing a complaint for breach of contract, negligence, fraud, and violations of Business and Professions Code sections 9884.8 and 9884.9 (governing invoices and written estimates, respectively, by auto repair dealers). Plaintiff alleged that Defendants breached a contract to repair and restore his 1959 Austin Healey vehicle. Specifically, Defendants allegedly began work before issuing an estimate, perf...

Excerpt: ...ction arises out of legal services provided to Plaintiff by Defendants. Plaintiff filed his original complaint against Defendants in April 2017. Subsequently, Defendants demurred to the complaint. Plaintiff filed papers in opposition to the demurrer. The demurrer proceeded to hearing on May 17, 2018. At the hearing, the court (Hon. Theodore C. Zayner) adopted its tentative ruling, sustaining the demurrer to the complaint with 10 days' leave to am...

Excerpt: ...intiff was a Jesuit employed by SCU as the Assistant Dean. He oversaw the Alcohol and Drug Program and Services, and analyzed years of accumulated data on the use of alcohol and drugs used by SCU students. This data revealed that over half of SCU's students engaged in heavy alcohol use, the consequences of which negatively affected the health and safety of students. Plaintiff provided a report containing these findings to Duncan, Plaintiff's dire...

Excerpt: ...four commercial properties: the Palm Valley Apartments; the Magic Sands mobile home park; Villa Teresa mobile home park; and La Buona Vita mobile home park. (FAC, ¶¶ 3–4, 7–8.) The Barbaccias' family friend Jack Previte managed their businesses and finances for many years. (FAC, ¶ 7.) In 2004, they executed a 10‐year management agreement delegating their responsibilities as trustees of the Barbaccia Trust to Mr. Previte and fixing compen...

Excerpt: ... the allegations of the complaint, Simoncini's property located at 1694 The Alameda, San Jose, California (the “Property”) suffered a “water loss” resulting in damage. Simoncini hired Giuliani to repair the damage. Giuliani performed the work contracted for, but Simoncini did not pay it in full. Guiliani therefore sued Simoncini for breach of contract, among other things. In turn, Simoncini filed a cross‐complaint against Deans & Homer,...

Excerpt: ...to the Shadafni Action, defendants Sharon Ajlouni and Karen Ajlouni (collectively, “Ajlounis”) filed a lawsuit against Hawari, Searles and SCI in Santa Clara County Superior Court, case number 1‐13‐CV‐242018 (“Ajlouni Action”). (Complaint, ¶¶6 – 8.) Defendant Michael Prozan (“Prozan”), a California licensed attorney, represented Shadafni and the Ajlounis in their respective actions against Hawari and others. (Complaint, ¶¶...

Excerpt: ...entered into an agreement with after the merger with Aemetis was terminated. As alleged in the third amended complaint (“TAC”), Edeniq was formed in 2008 and is the inventor and exclusive licensor of valuable technology that converts corn fiber into cellulosic ethanol. (TAC, ¶ 8.) This technology would be worth hundreds of millions of dollars if approved by the U.S. Environmental Protection Agency (“EPA”) but Edeniq was consistently unab...

Excerpt: ... ¶9.) At the time of said breach, defendant Chea owed the sum of $9,996.55 demand for which was made on September 10, 2015 and remains unpaid. (Complaint, ¶10.) Plaintiff Retirement Security Investment Group LLC (“RSIG”) acquired a debt portfolio from Cherrywood Enterprises, LLC consisting of personal loan debt. (Complaint, ¶6.) Plaintiff RSIG is a third party debt buyer and the holder of that certain debt portfolio defined as the Cash Cal...

Excerpt: ...Plaintiff's summons and complaint is DENIED. “A defendant is under no duty to respond in any way to a defectively served summons. It makes no difference that defendant had actual knowledge of the action. Such knowledge does not dispense with statutory requirements for service of summons.” (Weil & Brown et al., CAL. PRAC. GUIDE: CIV. PROC. BEFORE TRIAL (The Rutter Group 2018) ¶4:414, p. 4‐69 citing Kappel v. Bartlett (1988) 200 Cal.App.3d 1...

Excerpt: ... Shulmans are the current owners of 95 Mount Vernon Lane in Atherton (“Replacement Residence”). (Id.) Defendant RFBPO LLC (“LLC”) purchased the Original Residence on October 8, 2013 for $14 million dollars. (FAC, ¶¶4 and 9.) Defendant Santa Clara County Assessor's Office assessed the Original Residence value at $4.86 million dollars. (FAC, ¶4.) LLC is controlled and/or owned by Mark Zuckerberg (“Zuckerberg”), founder of Facebook. (...

Excerpt: ...ted on Mr. Usher's hand using a “MANOS device” “for a carpal tunnel repair.” (Second Amended Complaint (“SAC”) at pp. 4, 6.) Plaintiffs allege Dr. Yeh did not adequately disclose information about the MANOS device or his experience and skill using it. (SAC at pp. 6‐7.) Additionally, during the surgery, Dr. Yeh severed Mr. Usher's median nerve. (SAC at p. 4.) Subsequently, Mr. Usher told Dr. Yeh he had been experiencing “more pain ...

Excerpt: ...to assist plaintiff Yum in applying for and obtaining a modification of the first and second deeds of trust recorded against plaintiff Yum's property. (SAC, ¶8.) Defendant Yum verbally represented that he and/or defendants Nexus Line Inc. and Nexus Homes Inc. (collectively, “Nexus”) could obtain or provide plaintiff with a loan modification and prevent or stop any foreclosure of plaintiff's property, and that he had performed the same servic...

Excerpt: ...riage on September 15, 1996. (FAC, ¶12.) After marriage, Plaintiff and Defendant continued to reside together as husband and wife until March 6, 2016. (FAC, ¶13.) On or about February 1, 1992, Plaintiff and Defendant entered into an oral agreement by which they agreed to treat as joint property the earnings, income and all property acquired therewith, which resulted from all personal service, skill, effort, work, monetary contribution and non�...