Excerpt: ...tius Azzarello (“Azzarello”) purchased three commercial properties in San Jose as equal joint partners approximately 50 years ago. (Complaint, ¶ 2.) At that time, they also opened a joint business checking account. (Id.) Jerkovich's father passed away in February 2013, leaving her as 50% owner of the property and joint business checking account. (Id.) In early 2014, Jerkovich requested that Azzarello remove her father's name from the joint c...

Excerpt: ...nt, Plaintiffs are the owners of a property located at 670 E. Duane Ave in Sunnyvale (the “Property”). (Complaint, ¶ 11.) On October 9, 2018, Plaintiffs took out a loan with Defendant in the amount of $975,000 secured by a deed of trust on the Property. (Id., ¶ 12.) During the initiation of the process to obtain the loan, Plaintiffs requested a five‐year term but were informed by Defendant, through its employee Zoe Hamilton (“Hamilton�...

Excerpt: ...aint, Plaintiff had an appendectomy in December 2016. One month later, she began experiencing severe pain and gastrointestinal distress. To address her symptoms, she underwent another procedure at the end of January 2017. During this follow‐up procedure, the surgeon discovered an adhesion in her small intestine caused by a surgical staple. Plaintiff alleges the defendants caused her to suffer this additional injury because they failed to exerci...

Excerpt: ...the operative complaint (“Complaint”), Plaintiff and Defendant entered into a written consulting agreement (the “Agreement”) on April 1, 2015, pursuant to which Plaintiff was to provide services in connection with a sales agreement executed between Defendant and the Santa Clara Valley Water District (“SCVWD”) for the purchase, by the former, of approximately four acres of land owned by the latter. (See Complaint, Exhibit A.) Under the...

Excerpt: ...derlying complaint (“Complaint”), a credit card was issued to Fisher by Synchrony Bank FKA GE Capital Retail Bank. (Complaint, ¶ 6.) Fisher used the credit card to make purchases and accrued a balance on the card. (Id.) He ultimately defaulted on the required payments, leaving an unpaid balance of $5,939.40. (Id., ¶ 8.) Fisher made his last payment on the account on February 14, 2017. (Id., ¶ 9.) CCS was subsequently assigned and transferr...

Excerpt: ...en owners Paul and Toni Liccardo to purchase the Property for $2,695,000. Plaintiff alleges an unspecified grant deed described three constituent parcels, namely an easement, a portion of Wood Road, and another parcel that was the “substance of the property conveyed.” (SAC, ¶ 11.) Plaintiff and RADE planned to renovate and resell the Property within 18 months of purchase with Plaintiff financing the renovation. (SAC, ¶ 13.) As planned, RADE...

Excerpt: ... and fell when he stepped in a hole in the ground at Sahara Mobile Village in Mountain View (the “Premises”), causing him to suffer injuries. The subject hole surrounded a plumbing pipe installed by Discount in between Plaintiff's mobile home and that of his neighbor Maria Martinez. B. Procedural Based on the foregoing, Plaintiff filed the Complaint on January 5, 2017, asserting claims for (1) premises liability and (2) general negligence. On...

Excerpt: ...e July 3, 2017. (Complaint, ¶ 7.) On October 4, 2019, Plaintiff complained to his warehouse supervisor and the quality inspection supervisor about fumes he observed in the warehouse, both visually and by smell. (Id., ¶ 8.) Specifically, Plaintiff complained that the hot melt machine in the warehouse was creating dangerous fumes that were not being properly ventilated. (Id.) Plaintiff asked his supervisors how it could be fixed, but instead of m...

Excerpt: ... According to the allegations of the operative First Amended Complaint (“FAC”), in April 2017, CrossComplainants and defendants Nathan Van and Huong Le aka Nancy Le (collectively, “Defendants”) held themselves out to Nguyen as registered franchisors of Blackball Taiwanese dessert restaurants in California. (FAC, ¶ 10.) They further represented to her that they had the right to act as a franchisor and that Nguyen would have exclusive righ...

Excerpt: ...rly Plaintiffs' investment in an EB5 visa program intended to provide them permanent residence status in the U.S. in exchange for financing a business in the country. According to the allegations of the Complaint, in 2012 Plaintiffs, who were Canadian citizens, were interested in becoming permanent residents of the U.S. (Complaint, ¶ 32.) One manner of doing so was through the U.S. Citizenship and Immigration Services (“USCIS”) Investor Pilo...

Excerpt: ...thority, Inc. for: (1) breach of contract; (2) common count; and (3) fraud. Before the Court is Xie's demurrer to the entire complaint on the ground of uncertainty and to the first, second, and third causes of action on the ground of failure to state facts sufficient to constitute a cause of action. (Code Civ. Proc., § 430.10, subds. (e), (f).) II. Demurrer In general, “a complaint must contain ‘[a] statement of the facts constituting the ca...

Excerpt: ... of his family and it was agreed that his eldest sibling, Sze, and his sister, Shirley, would be Plaintiff's attorneys‐in‐fact and manage his personal and financial affairs due to his health issues. (Id.) Because of Shirley's proficiency in English, it was agreed that that she would manage a rental property (a duplex in Santa Clara) owned by Plaintiff (the “Property”). (Id.) It was further agreed that Shirley would become a representative...

Excerpt: ...tion of emotional distress. In the third cause of action in particular, Plaintiff makes the following allegations about the collision. Plaintiff alleges she was driving in the center lane on southbound Highway 101 at a rate of approximately 65 mph when Defendant began engaging in aggressive conduct attributable to road rage. Defendant began tailgating Plaintiff, leaving only a few feet of following distance, before he abruptly changed lanes, pass...

Excerpt: ...pany headquartered in San Jose. (FAC, ¶ 10.) Plaintiff was hired in November 2013 and over the course of the next six years held various positions in the company until he was terminated in December 2019. (Id., ¶ 11.) He alleges that Defendant wrongfully demanded that he not discuss concerns about his compensation with other employees on the grounds that doing so would be in violation of company policy. (Id., ¶ 15.) On June 25, 2019, Defendant ...

Excerpt: ...d and fell when he stepped in a hole in the ground at Sahara Mobile Village in Mountain View (the “Premises”), causing him to suffer injuries. The subject hole surrounded a plumbing pipe installed by Discount in between Plaintiff's mobile home and that of his neighbor Maria Martinez. D. Procedural Based on the foregoing, Plaintiff filed the Complaint on January 5, 2017, asserting claims for (1) premises liability and (2) general negligence. O...

Excerpt: ...mpanies, ZoomInfo and Bombora signed a contract in 2014. Under this contract, ZoomInfo bought Bombora's data product (“Company Surge®”) and included this product in its offerings available for purchase by ZoomInfo customers. This contractual relationship lasted through early 2020. The last version of the parties' contract was the Restated License Agreement (“RLA”). The RLA was set to end on February 1, 2020, but the parties extended it t...

Excerpt: ...emises”) from December 15, 2015 to March 8, 2019. (Complaint, ¶ 1.) Plaintiff alleges that the Premises suffered from many defects and conditions and she notified defendants, including property manager Mynd, of the same. (Id., ¶¶ 13‐16.) However, the defendants refused and failed to adequately address her concerns or did so in a “negligent, unprofessional, and shoddy fashion.” (Id., ¶ 14.) She further alleges that, among other things,...

Excerpt: ...ended to provide them permanent residence status in the U.S. in exchange for financing a business in the country. According to the allegations of the Complaint, in 2012 Plaintiffs, who were Canadian citizens, were interested in becoming permanent residents of the U.S. (Complaint, ¶ 32.) One manner of doing so was through the U.S. Citizenship and Immigration Services (“USCIS”) Investor Pilot Program, commonly referred to the as the EB‐5 vis...

Excerpt: ...of section 473(b); and b) under the “discretionary” prong of section 473(b). Defendants seek relief under the discretionary prong, so the Court focuses on that prong. Under that prong, a moving party's application for relief under section 473(b) must be made “within a reasonable time, in no case exceeding six months, after the judgment, dismissal, or proceeding was taken.” (§ 473(b).) The trial court then has discretion to excuse the def...

Excerpt: ...an (“Hoffman”) and Professional Association Services, Inc.'s (“PAS”) demurrer to the FACC and motion to strike portions contained therein; (3) cross‐defendants Richard P. Riley (“Riley”) and Riley Pasek Canty LLP's (“RPC”) demurrer to the FACC and motion to strike portions contained therein; and (4) cross‐ defendants Posard Broek + Associates (“Posard”), Adam Posard, Onne Broek, John Drake and Lynn Htut's (collectively, �...

Excerpt: ...ehicle”) which was manufactured, distributed, or sold by Defendants. (Complaint, ¶ 7.) In connection with the purchase, Plaintiff received an express written warranty pursuant to which Defendants undertook to preserve or maintain the utility or performance of the Vehicle or to provide compensation if there was a failure in utility or performance for a specified period of time. (Id., ¶ 8.) During the warranty period, the Vehicle contained or d...

Excerpt: ...participating provider” who had no preferred provider contracts or other such standing, written contract with Defendant setting their rates of pay for services rendered, prior to when medical services were provided to covered patients. (Id., ¶ 9.) When a medical provider such as Plaintiff does not have a written agreement with a health plan, the common industry practice is for the out‐ofnetwork provider to obtain a separate oral promise and ...

Excerpt: ...rsonal injuries arising out of a trip and fall. According to the allegations of the complaint (“Complaint”), on January 24, 2018, Plaintiff tripped and fell because of a broken, uneven and unlevel public sidewalk in front of 539 Carver Street in San Jose (the “Property”) and suffered injuries as a result. The Property is owned by Defendants, who allegedly failed to maintain the condition of the adjacent sidewalk as was their obligation to...

Excerpt: ...ns of the SAC, Plaintiff attended the San Jose Sharks season opening hockey game against the Philadelphia Flyers on October 4, 2017. (SAC, ¶¶ 1 15.) Plaintiff alleges that a contingent of Flyers fans in his section were unruly and rowdy, resulting in taunting between fans and beer being thrown. (Id., ¶¶ 16, 17.) Plaintiff further alleges that the Flyers fans shouted profanities at him and other Sharks fans, and that one particular Flyers fan,...

Excerpt: ...tory relief, among other things, arising out of the relationship between SCSA, which owns Levi's Stadium (the “Stadium”), and StadCo, which leases the Stadium from SCSA as the home of the San Francisco 49ers professional football team (the “49ers”). Stadium Manager manages and operates the Stadium and thus serves both SCSA and StadCo. According to the allegations of the operative FACC, on March 28, 2012, SCSA, as landlord, and StadCo, as ...