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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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,...