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: ...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: ...” (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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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 ...