Excerpt: ... Give Life, Save Life Foundation), which is broadcast by defendant Poor Peoples' Radio, Inc. via its station KPOO. During Crawford's radio show, he discussed his relationship with Plaintiff and her personal information with defendant Loma Kaye Flowers, a licensed psychiatrist who occasionally appears on Crawford's show and who counseled Plaintiff and Crawford as a couple earlier in their relationship.5 Plaintiff asserts causes of action against t...

Excerpt: ...the underlying complaint (“Complaint”), on November 16, 2011, plaintiff Beth Gray (“Gray” or “Plaintiff”) was seriously injured when she slipped and fell on the stairs leading to her room at the JRC. Plaintiff alleges that the stairs, which were wet when she fell and were made of a smooth stone material that became slick when wet, lacked “friction strips” and only had a handrail on one side. She further alleges that the lighting w...

Excerpt: ... company specializing in the contract manufacture of printed circuit boards used in electronic devices and their components. (Complaint, ¶¶ 11, 12.) At the time of formation, Malek was the sole shareholder. (Id., ¶ 13.) In January 2017, Malek agreed to transfer 15% of iTronix to Ma. (Id.) In 2012, Ma joined iTronix as an officer, and has officially been the company's CEO from 2017 through at least December 2019. (Complaint, ¶ 14.) At all rele...

Excerpt: ... cause of action in the same pleading. I. Background A. Factual 1. The Complaint This action involves claims arising out of a dispute over the ownership of a piece of real property located at 733 Hathaway Court in San Jose (the “Property”). (Complaint, ¶ 1.) According to the allegations of the underlying complaint (“Complaint”), in 2006, Liliana1 and Ramos entered into a personal relationship which concluded in 2018. (Id., ¶ 7.) During ...

Excerpt: ...ion case against her former employer. (Complaint, at 1.) Plaintiff subsequently filed a complaint with the State Bar against Hilton for the mishandling of her case. (Id.) Ultimately, after stipulating to misconduct in various cases in proceedings before the State Bar Court, including Plaintiff's, Hilton was suspended from the practice of law. (The State Bar's Request for Judicial Notice (“RJN”), Exhibits 2 and 3.) Plaintiff alleges that an in...

Excerpt: ...ined Daily and her firm, the Daily Law Firm (the “Daily Firm”), to represent him in the dissolution proceedings, while Plaintiff was self‐ represented. (Complaint, ¶¶ 9, 10.) Daily is a certified specialist in family law pursuant to the California State Bar Board of Legal Specialization. (Id., ¶ 11.) This certification, and applicable case law, are alleged to confer upon her a heightened standard of care. (Id.) By court order, Loaiza was...

Excerpt: ... a motor vehicle accident. According to the allegations of the operative complaint (“Complaint”), on March 23, 2018, decedent Wei Lun Huang (“Walter”) was driving his Tesla Model X south on Highway 101 in Mountain View. (Complaint, ¶ 23.) As the vehicle approached the Highway 101/Highway 85 interchange, Walter was using its autopilot features, which included “traffic‐aware cruise control” and “autosteer lane‐keeping assistance....

Excerpt: ...or distributed by KMA. (FAC, ¶ 9.) In connection with the purchase, Plaintiff received an express written warranty including a 5‐year/60,000 mile express bumper‐to‐bumper warranty and a 10‐year/120,000 mile powertrain warranty which, among other things, covers the engine and transmission. (Id., ¶ 10.) Defendant subsequently provided a 10‐year/12,000 mile warranty extension for various engines, including the engine contained in the Veh...

Excerpt: ...llegations of the FAC, Plaintiff brought her cat to VCA on October 17, 2018, in order to be evaluated for a kidney stone. (FAC, ¶ 15.) Initially, Dr. Sung's physical exam indicated that Kitty's gait and musculoskeletal structure were normal. (Id., ¶ 16.) Several hours later, Kitty underwent sedation for x‐rays and further examination. (Id., ¶ 17.) The x‐ray report indicated that the cat had a femur fracture, an injury unknown to Plaintiff....

Excerpt: ...er, $3,065.28 remains unpaid on the account, despite Plaintiff's demand. Consequently, on June 17, 2019, Plaintiff filed the Complaint asserting common counts for an open book account and account stated. On February 20, 2020, Plaintiff filed the instant motion for summary judgment, or in the alternative, summary adjudication. Defendant opposes the motion. II. Plaintiff's Request for Judicial Notice In support of its motion for summary judgment/ad...

Excerpt: ...and. According to the allegations of the Complaint, Defendant is a California community college district located in San Jose, encompassing more than 300 square miles of land. (Complaint, ¶ 10.) Republic is a property developer who currently owns or controls over 2,300 multi‐family units in San Jose and on the Peninsula. (Id., ¶ 15.) On March 30, 2018, the District and Plaintiff entered into a written Excusive Negotiation Agreement (“ENA”)...

Excerpt: ...rly 2014, defendant Pixel Mags, Inc. (“Pixel Mags”), a digital content distribution company, was in need of capital and contacted Plaintiff for a loan. (Id., ¶¶ 19‐20.) On February 14, 2014, Pixel Mags and Plaintiff came into agreement on terms and entered into various written agreements pursuant to which Plaintiff promised to loan Pixel Mags up to approximately $750,000 upon request, subject to certain terms and conditions. (Id., ¶ 20, ...

Excerpt: ...ld through a dealership. ABS alleges that Abdo and the other defendants breached their agreements with ABS by failing to pay for titles to numerous vehicles in their possession and made false representations regarding their intention to make such payments so as to induce ABS to grant them possession of those vehicles. B. Procedural ABS initiated this action in August 2017 in Orange County. It was subsequently transferred to this Court in July 201...

Excerpt: ...plaint (“Complaint”), on July 28, 2003, Anna1 received sole ownership interest via grant deed in the property located at 4682 Burke Drive in Santa Clara (the “Property”). (Complaint, ¶ 7, Exhibit A.) In 2005, the then‐ underlying mortgage secured by the Property went into default. (Id., ¶ 8.) On December 19, 2005, Anna transferred 50% of her ownership interest to her son, Rob Muro (“Rob”), via grant deed, who took title as a joint...

Excerpt: ...mplaint, Plaintiffs lease a home at 3452 Jarvis Avenue in San Jose from Defendants. (Complaint, ¶¶ 2, 3, 4, 5.) Plaintiffs entered into the lease agreement in 2009, and as soon as 2010, they noticed mold in the house that was not previously disclosed to them, but was visible in several rooms. (Id. at ¶ 17.) They paid for a basic inspection of the home, which confirmed mold but upon providing the report to Defendants, Defendants refused to pay ...

Excerpt: ...on arises out of a business dispute between Defendants and Plaintiffs. Plaintiffs filed their original complaint against Defendants on March 26, 2018, alleging causes of action for breach of contract, fraud, and conversion. On November 9, 2018, Plaintiffs filed a first amended complaint (“FAC”) against Defendants. According to the allegations of the FAC, Defendants entered into an oral agreement with Plaintiffs, whereby Plaintiffs would inves...

Excerpt: ... a residential property located in Cupertino (the “Property”), having all taken title to the Property via a grant deed dated May 10, 2010. (Complaint, ¶¶ 2, 3, 8.) Plaintiffs have agreed between themselves to a partition of the Property by sale and demanded on March 4, 2019, that Defendant cooperate in said partition. (Complaint, ¶ 7.) However, Defendant has at all times failed and refused to respond to Plaintiffs' demand and has allegedly...

Excerpt: ...endant Omkar Rocklin Inc. (the “Corporation”) was organized in 2010 for the purpose of acquiring a hotel in Rocklin, California (the “Hotel”). (FAC, ¶ 7.) Shah became aware of an opportunity to purchase the Hotel in a bankruptcy proceeding and brought it to the attention of Desai and several others, including Defendants. (Id., ¶ 11.) After investigating the opportunity further, Plaintiffs, Mehta and Sanjiv Bhanot (“Bhanot”) (collect...

Excerpt: ...g/operating/maintaining the intersection at Great America Parkway and Tasman Drive in Santa Clara, Havens performed his duties in a negligent manner, resulting in a collision between Plaintiff's vehicle and a vehicle operated by defendant Peter Lishnerness. (Complaint, ¶ 29.) Plaintiff was injured in the collision. B. Procedural Based on the foregoing, Plaintiff filed the Complaint on October 21, 2019, asserting claims for: (1) negligent operati...

Excerpt: ...ff, an individual with musculoskeletal and neurological system conditions which qualify as disabilities under the Americans with Disabilities Act (the “ADA”). (Complaint, ¶ 14.) According to the allegations of the Complaint, on July 28, 2019, Plaintiff visited Defendant's website to view the accessible features in its hotel guest rooms. (Id., ¶ 22.) Plaintiff desired to visit a hotel in the Cupertino area, which he planned to visit on Septe...

Excerpt: ...tual This is an action for products liability and fraud arising out of the provision of a massproduced memory chip manufactured by Micron to Plaintiffs. According to the allegations of the FAC, Plaintiffs design, manufacture and sell network technology equipment, including switches, which connect devices. (FAC, ¶¶ 1, 20.) Over the years, Plaintiffs have spent considerable sums on component parts manufactured by Micron, including synchronous dyn...

Excerpt: ..., in 2010, Plaintiff purchased a 2011 Volvo XC60. The purchase included express written warranties: a fouryear/50,000 mile bumper‐to‐bumper warranty, and a four‐year/50,000 mile power train warranty. (FAC, ¶ 10.) During the warranty period, the car contained or developed numerous defects. (Id. at ¶ 11.) Defendants have been unable to service or repair the car to conform to the warranties, and have failed to comply with their statutory obl...

Excerpt: ...mplaint”), plaintiff Robert Lee (“Robert”) and his family were renting a villa in Mexico in November 2017 for vacation. (Complaint, ¶ 14.) The rental of the villa, which is owned by defendants David Kulber and Carole Kulber (the “Kulbers”), is managed and facilitated by HomeAway. (Id.) The lease of the villa was all‐inclusive, which involved the use of golf carts located in the villa's garage. (Id.) Robert's4 wife, Ling‐Yin Chen Le...

Excerpt: ...he loaned Group One $200,000, which was to be repaid through six, equal, monthly installments of $33,333.33. As for interest on the loan, the promissory note attached to the pleading states “interest [is] payable on the unpaid principal at the rate of 1.50 percent per month, calculated monthly not in advance.” (FAC, Ex. A.) But also, the promissory note states and Castillo alleges that Group One had to make a $3,000 interest payment on the 25...

Excerpt: ...”). Patrick Laurel is Mary Ann's son, and Aileen Laurel is her daughter‐in‐law. According to the allegations of the first amended complaint (“FAC”), Mary Ann is the sole shareholder for Apollo (FAC, ¶ 3.) Defendants have each held management positions at Apollo. (Id. at ¶¶ 4, 5, 6.) Defendants have failed to account to Mary Ann for the profits earned by Apollo, have prevented her from receiving a salary, dividends or profit, and have...