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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ... “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: ...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 ...