Excerpt: ... Insurance Company. On November 8, 2016, Tower Select Insurance Company filed a complaint against CalCoast, alleging a single cause of action for breach of contract. The complaint alleged that CalCoast breached the insurance policy between it and Tower Select Insurance by failing to make premium payments due and owing under the terms of the policy. (Complaint, ¶¶ 9‐13.) On November 28, 2016, Amtrust filed a first amended complaint (“FAC”)...

Excerpt: ...own as “broadcast multicasting service,” which is a system whereby video and other content operators can stream high quality content simultaneously to a large number of subscribers. (Complaint, ¶ 6.) Defendants held themselves out as the only entity providing the broadcast multicast technology and indicated that they were looking for contract partners with which to exploit media markets. (Id., ¶ 8.) In the fall of 2014, plaintiff's CEO, CW ...

Excerpt: ...dence in San Jose. According to the allegations of the FAC, on September 21, 2017, Plaintiffs, the owners of the residence in question, entered into an agreement (the “Agreement”) with PDI, partly written and partly oral, to provide solar panel installation services. (FAC, ¶ 6.) PDI agreed to install 43 panels at a total cost of $43,038.78. (Id.) In order to induce Plaintiffs to enter into the Agreement, PDI represented to them that they wou...

Excerpt: ...y, “Defendants”) move for summary judgment in their favor as to the complaint (“Complaint”) filed by plaintiffs Alireza Mikailli and Mahnaz Kalanaki (collectively, “Plaintiffs”) I. BACKGROUND A. Factual This is an action to quiet title to a property located at 448 North San Pedro Street in San Jose (the “Property”). According to the allegations of the underlying complaint, on August 25, 2017, Sara,1 as surviving trustee of the Lan...

Excerpt: ...erlying complaint, on December 30, 2016, decedent Maria Barahona Lopez (“Decedent”) was struck and killed in Sunnyvale, California by a vehicle negligently and/or recklessly owned and/or operated by the Ortizes. (Complaint, ¶¶ 6‐ 7.) As a result of the collision, the Decedent's heirs, Vilma Daysi Lopez Barahona, Amilcar E. Barahona, German Barahona, Claudia Patricia Clara Barahona and Edgar Clara Barahona, filed a claim with the Ortizes' ...

Excerpt: ...erlying complaint, on December 30, 2016, decedent Maria Barahona Lopez (“Decedent”) was struck and killed in Sunnyvale, California by a vehicle negligently and/or recklessly owned and/or operated by the Ortizes. (Complaint, ¶¶ 6‐ 7.) As a result of the collision, the Decedent's heirs, Vilma Daysi Lopez Barahona, Amilcar E. Barahona, German Barahona, Claudia Patricia Clara Barahona and Edgar Clara Barahona, filed a claim with the Ortizes' ...

Excerpt: ...Portillo (“Portillo”) (collectively, “Plaintiffs”). Factual and Procedural Background This is an action for negligence, wrongful death, and loss of consortium. According to the allegations of the FAC, at all relevant times, Plaintiffs lived together as husband and wife and were expecting their first child together. (FAC, ¶ 4.) Defendants entered into “patient physician/health care provider relationships” with Duenas “for her care a...

Excerpt: ...edly illegal expenditures of taxpayer funds by the County‐ specifically, in investigating alternate land uses for Reid‐Hillview airport (“ReidHillview” or “RHA”) that Plaintiff contends are prohibited by Federal Aviation Administration (“FAA”) grant agreements. According to the allegations of the Complaint, Reid‐Hillview has been designated by the FAA as a reliever airport for San Jose International Airport. (Complaint, ¶ 9.) R...

Excerpt: ...ssica Thuong Vu (“Vu”). (collectively, “Sellers”). (Second Amended Complaint (“SAC”), ¶¶ 1, 2, & 9.) Defendant Hoa Truc Bui (“Bui”), a licensed real estate agent, and CR Realty & Mortgage Corporation (“CR”), a licensed real estate company, represented Nguyen. (Id. at ¶¶ 5, 6, & 11.) Huynh, a licensed real estate agent, and KW, a licensed real estate company, represented Sellers. (Id. at ¶¶ 3, 4, & 11.) During this time, ...

Excerpt: ...he field of business known as “broadcast multicasting service,” which is a system whereby video and other content operators can stream high quality content simultaneously to a large number of subscribers. (Complaint, ¶ 6.) Defendants held themselves out as the only entity providing the broadcast multicast technology and indicated that they were looking for contract partners with which to exploit media markets. (Id., ¶ 8.) In the fall of 201...

Excerpt: ....) Based on the foregoing, Plaintiff asserts causes of action for: (1) account stated; (2) money lent; and (3) open book account. Before the Court is Plaintiff's motion for summary judgment, or in the alternative summary adjudication. II. Request for Judicial Notice In support of its motion, Defendant seeks judicial notice of three court documents in the present matter, including the summons, complaint, and answer. The request is made pursuant to...

Excerpt: ...around June and July 2009, Seagate and defendants Vikas Goel (“Goel”), eSys Technology Pte. Ltd. (eSys Singapore”), eSys Distribution, Inc., eSys Technologies FZE, eSys Distribution FZE, eSys Distribution (Private) LTD, eSys Pakistan (Pvt.) Ltd, eSys India, eSys Global Holdings Limited and Rainforest Trading (“Rainforest”) (collectively, “Defendants) entered into a written agreement entitled “Final Settlement Agreement and Mutual Re...

Excerpt: ...ew evidence on reply, and the Kulber Defendants provided no justification for why this evidence did not accompanying their moving papers. But as stated in its February 18, 2020 minute order, the Court continued the hearing on this motion to permit Plaintiffs to provide evidence and a short brief to respond to this new evidence. Plaintiffs have done this, so the Court now will consider all submitted, admissible evidence in deciding this motion. 3....

Excerpt: ...ter, entered into an oral agreement (the “Agreement”) for the purchase and operation of Que Huong FastFood, Inc. (the “Business”). (SAC, ¶ 1.) Pursuant to the Agreement, the parties were to have an equal interest in the ownership, operation and profits of the Business. (Id. at ¶¶ 5 & 6.) The parties specifically agreed that only Plaintiff and Defendant would have the right to make decisions relating to the Business and share equally in...

Excerpt: ... Trust dated November 20, 2018 (collectively, “Plaintiffs”), are the owners of real property located at 745 Harrison Street, Santa Clara, California (“Property”).2 (Complaint, ¶ 1.) In 1981, Anthony and his sister, Donna Gardner (“Donna”) discussed the possibility of Donna purchasing the Property from Anthony with a buyback agreement in the amount of $175,000. (Complaint, ¶ 7.) At that time, Anthony intended to reside in the Philipp...

Excerpt: ... recently dismissed South County as a party. The Court issues the following tentative ruling: 1. It appears that Plaintiffs did, in fact, sign the sales agreement between themselves and South County. This sales agreement contains the arbitration agreement. Moreover, Plaintiffs never dispute that they signed it. 2. That leaves the question—hotly disputed by both sides—whether Plaintiff must arbitrate her claims against FCA under the arbitratio...

Excerpt: ... distress. According to the allegations of the Complaint, Dauber and Webby conspired to steal a sign possessed by Plaintiff which expressed disapproval of the campaign to recall then‐judge Aaron Persky. (Complaint, ¶ 1.) Webby also allegedly suppressed Plaintiff's free speech rights by ordering DA inspectors to surveille him at a public event‐ a press conference held by Webby's superior, District Attorney Jeff Rosen. (Id.) B. Procedural Base...

Excerpt: ... out of that representation. According to the operative complaint, Kumar retained Cross‐Defendants in the spring of 2018 to represent him in divorce proceedings in Contra Costa County. He allegedly failed to pay all fees owed to CrossDefendants and then, on July 19, 2019, hired an attorney alleging malpractice, and demanding $50,000 from Cross‐Defendants. B. Procedural On August 6, 2019, Kumar filed the Cross‐Complaint, alleging a single cl...

Excerpt: ...According to the allegations of the underlying complaint, a credit card was issued to Gonzalez by Synchrony Bank FKA GE Capital Retail Bank. (Complaint, ¶ 6.) Gonzalez used the credit card to make purchases and accrued a balance on the card. (Id.) She ultimately defaulted on the required payments, leaving an unpaid balance of $2,240.89. (Id., ¶ 8.) CCS was subsequently assigned and transferred all right, title and interest in the credit account...

Excerpt: ...ing, 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 payee for social security benefits for Plaintiff and...

Excerpt: ...e party does not have a substantial interest in the case as a whole. subdivision. Here, the minor plaintiffs, as the surviving children of the decedent, have a substantial interest in the case. And the language of section 36, subdivision (b) is mandatory. Given that, the Court GRANTS the motion for trial preference. Under section 36, subdivision (f), trial must be set no more than 120 days from the date the motion is granted. Defendants' request ...

Excerpt: ...laintiff attended the San Jose Sharks season opening hockey game against the Philadelphia Flyers on October 4, 2017. (FAC, ¶ 1.) 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, defendant Eric Willi...

Excerpt: ...r collection from its creditor‐client, Mai Dental Specialists, filed the instant complaint (“Complaint”) asserting various common counts. On October 21, 2019, Paredes filed the Cross‐Complaint, alleging that CCS violated the federal Fair Debt Collection Practices Act (“FDCPA”) and the Rosenthal Debt Collection Practices Act (the “Rosenthal Act” or the “Act”) by engaging in abusive, deceptive and unfair debt collection practice...

Excerpt: ...n Central Expressway when she fell asleep at the wheel, drove into the bicycle lane, and struck Orion.3 (Id., ¶¶ 10, 14, 22.) Defendant allegedly “admitted that she fell asleep while driving, because, as she had jet lag from a long flight and was really tired.” (Id., ¶ 14.) As a result of the collision, Orion sustained severe physical injuries, mental anguish, and emotional distress. (Id., ¶¶ 11‐13, 15, 16, 23‐27.) In addition, Jon w...

Excerpt: ...arch 28, 2019, Plaintiff filed a complaint against Defendant, asserting causes of action for: 1) Quiet title; 2) Fraud; 3) Negligent misrepresentation; 4) Estoppel; 5) Injunctive relief; 6) Conversion; and, 7) Constructive trust. Defendant moves for summary judgment on the complaint. Defendant's burden on summary judgment “A defendant seeking summary judgment must show that at least one element of the plaintiff's cause of action cannot be estab...