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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ..., ¶ 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: ...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: ...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: ...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: ...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: ...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...