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: ...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: ...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: ...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: ...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: ...¶ 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: ...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: ...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: ...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: ...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: ...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 ...