Excerpt: ...��owned entity, Hernon Lake Shore, LLC, owns a 13.77% interest in the partnership. (Id., ¶ 8.) Plaintiff was first introduced to the Partnership investment in 2007 and at that time he understood the investment would be adequately capitalized and that then‐general partner Delamore and main fundraiser Byron Meo could meet their $7 million fund raise commitments. (Id., ¶ 10.) In consideration of his financial investment, which exceeded $1 millio...

Excerpt: ...ons of the Complaint, the common practice between out‐of‐network medical providers, such as Plaintiff, and insurers, such as Defendant, who do not have standing written agreements which set the rates of reimbursement for services rendered, is for the former to obtain a “separate oral promise and assurance of payment” from the latter when seeking authorization for the provision of services. (Complaint, ¶ 15.) Insurers regularly use terms ...

Excerpt: ...laint (“Complaint”), nearly twenty years ago attorney Robert M. Tobin (“Tobin”) obtained a default judgment against his clients, Defendants (former owners of the Property), in the amount of $106,250 for unpaid legal fees. (Complaint, ¶ 19.) The foregoing judgment was renewed on July 5, 2012 for a total of $106,005.43, with the Notice of Renewal of Judgment recorded that day. (Id., ¶¶ 20‐21.) On December 9, 2015, sisters Griffis and B...

Excerpt: ... business transaction. According to the allegations of the SAC, Plaintiffs desired to enter into the food truck business and consequently entered into a written agreement with Food Trucks Plus for that purpose on February 27, 2017, paying $84,340.12 for the purchase of a food truck. (SAC, ¶ 3 and Exhibit 3.) Defendants subsequently delivered a defective and noncompliant food truck not capable of lawfully operating in California to Plaintiffs on ...

Excerpt: ...ases but ultimately has failed to pay the $5,477.42 balance due on the account. This action followed. B. Procedural Plaintiff filed the complaint on January 14, 2019, asserting common counts for open books account and account stated. Defendant filed her answer on May 14, 2019. On November 12, 2019, Plaintiff filed the instant motion for summary judgment, or in the alternative, summary adjudication. Defendant opposes the motion. II. Plaintiff's Re...

Excerpt: ...e labor and materials to frame an addition to a home located in Palo Alto. (Id. at ¶¶ 6, 9.) The dollar amount for the contract was negotiated, and Plaintiff was enticed to lower his original bid on a promise that Defendant would award Plaintiff another contract in the future. (Id. at ¶ 32.) Despite Plaintiff's performance on the subcontract, Defendant refused to pay and $41,552 is now owed. (Id. at ¶¶ 10, 11.) Furthermore, Defendant has ele...

Excerpt: ...vely in this litigation, including filing petitions to compel arbitration. (See DD Hair Lounge, LLC v. State Farm General Ins. Co. (2018) 20 Cal. App. 5th 1238, 1243.) The Court therefore DENIES the petition as to SVBI. That leaves certain individual Defendants: H.Yu, C. Xie, M. Xie, and Z. Wang. All of these Defendants joined in SVBI's petition. Accordingly, even with SVBI out of the picture, the Court still must determine whether the petition s...

Excerpt: ...was taken to the hospital and diagnosed with a concussion. To date, Plaintiff suffers from neck pain, dizziness, persistent headaches, memory loss, difficulty balancing and walking, and insomnia. According to Plaintiff, a gym employee called her the next day and acknowledged there had been problems with the pec‐fly machine before and additionally stated that her injury occurred as a result of the patron loading too much weight on the machine an...

Excerpt: ...nt, 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 exercise...

Excerpt: ...tar, Lusita Garcia and Mario Lagman entered into a written general partnership agreement (the “Agreement”) dated January 15, 1985, the purpose of which was “to engage for profit in the business of bakery and restaurant.” (SAC, ¶ 7.) Among other things, the Agreement provided that partners who devoted less than 20 hours per week to the business were not to receive any salary or compensation “until determined by the unanimous written agr...

Excerpt: ...fendant. (FAC, ¶ 9.) In connection with the Purchase, Plaintiffs received an express warranty under which Defendant was to preserve or maintain the Vehicle's utility of performance, or provide compensation in the case of failure to either in a specified period of time. (Id., ¶ 10.) During the warranty period, the Vehicle contained or developed numerous defects including, but not limited to, the following: defects relating to the engine; defects...

Excerpt: ...auses of action: (1) breach of contract; and (2) common counts (open book account, an account stated in writing, for money had and received, for goods sold and delivered, for money lent or paid out to defendant). On October 15, 2019, Plaintiff filed the instant motion for summary judgment, or in the alternative, summary adjudication. Defendant opposes the motion. II. Plaintiff's Motion for Summary Judgment, or in the Alternative, Summary Adjudica...

Excerpt: ...m Welch (“Welch”) demur to the FAC and also move to strike portions contained therein. I. Background A. Factual This is an action for wrongful death and negligence. According to the allegations of the FAC, on June 20, 2015, plaintiff Garcia was a passenger in a vehicle being driven by Aldo Alvarez (the “Decedent”) southbound on Capitol Avenue in San Jose. (FAC, ¶ 15.) While at the intersection of North Capitol and Madden, the vehicle was...

Excerpt: ... lease. (Id. at ¶ 11.) Shortly thereafter, the water was disconnected in an attempt to force Plaintiff out of the unit so it could be rented at a higher rate. (Id. at ¶¶ 12, 13.) Defendants restored the water to the property, but then turned it off a second time. (Id. at ¶ 15.) It was once again restored, and Defendants stated it was an accident. (Id. at ¶ 18.) In early 2019, a fire started in a neighboring unit and spread to Plaintiff's uni...

Excerpt: ...action. According to the allegations of the FAC, on May 10, 2017, Plaintiffs and defendants Alain Lim (“Lim”) and Skyway Electric Inc. (“Skyway”) entered into an oral agreement pursuant to which the defendants agreed to sell and Plaintiffs agreed to buy a solar equipment system for $110,000. (FAC, ¶ 11.) That same day, Tran DDS and MD Capital entered into a written agreement for the financing of the purchase of the solar equipment system...

Excerpt: ...d A. Factual This action involves claims of construction deficiencies arising out of a condominium conversion project, commonly known as the Bird Avenue project, in San Jose (the “Project”). The owners/converters of the property at the time of the Project were defendants Santa Clara Redevelopment I LLC and Monterey Capital LLC (collectively, the “Developers”). The general contractor for the Project was Gold Coast Renovations (“Gold Coas...

Excerpt: ...(Complaint, ¶ 9.) In connection with the purchase, Plaintiff received an express warranty pursuant to which Defendant was to preserve or maintain the Subject Vehicle's utility or performance, or provide compensation in the case of failure to either in a specified period of time. (Id., ¶ 10.) During the warranty period, the Subject Vehicle contained or developed numerous defects including, but not limited to, the following: defects relating to t...

Excerpt: .... (Id., ¶ 12.) On August 9, 2018, Plaintiff and Defendant entered into a written agreement (the “Agreement”) whereby Defendant would give Plaintiff $30,000 if she would terminate the pregnancy. (Id., ¶ 13.) Defendant also agreed to provide Plaintiff with a work studio/office space so that she could start a business. (Id., ¶ 15.) Defendant subsequently deposited a personal check in the amount of $30,000 into Plaintiff's bank account. (FAC, ...

Excerpt: ...sleep at the wheel, drove into the bicycle lane, and struck Orion. (Id. at ¶¶ 10, 14, & 22.) Defendant allegedly “admitted that she fell asleep while driving[ ] because … she had jet lag from a long flight and was really tired.” (Id. at ¶ 14.) As a result of the collision, Orion sustained severe physical injuries, mental anguish, and emotional distress. (Id. at ¶¶ 11‐13, 15, 16, 23‐27, & 52.) In addition, plaintiff Jon Listug (“J...

Excerpt: ...st”), to the demurrer. Factual and Procedural Background This is an action for breach of contract and fraud, among other things, arising out of a business dispute. Singal, a licensed mortgage broker, is the chief executive officer, chairman, and sole owner of FCREI. (FAC, ¶¶ 2 & 3.) FCREI is the majority owner and Singal is the managing partner of defendant First Capital Real Estate Advisors, LP (“FCREA”). (Id. at ¶ 4.) Additionally, FCR...

Excerpt: ...for the purchase and operation of Que Huong FastFood, Inc. (the “Business”). (FAC, ¶ 1.) Pursuant to the Agreement, the parties were to have an equal interest in the ownership, operation and profits of the Business. (Id., ¶ 5.) The parties specifically agreed that only Plaintiff and Defendant would have the right to make decisions relating to the Business and share equally in its profits; Defendant's husband, defendant Steven Chan (“Steve...

Excerpt: ...r. Calvano (through his company 1001 Shoreline LLC (“Shoreline”)) to acquire and develop real estate in Mountain View, California. (FAC, ¶ 1.) On December 26, 2018, Mr. Calvano asked Carlyle, as the managing member of the Company, to send Shoreline's profit distribution by New Year's Eve. (FAC, ¶ 4.) Carlyle did so, twice. On December 28, in accordance with Mr. Calvano's instructions, Carlyle wired $1,730,960 to a bank account for Calvano D...

Excerpt: ...y, Plaintiff concedes the strength of Defendant's arguments as to motions 1 and 3, the Court DENIES those motions and focuses below only on motions 2 and 4. I. Factual and Procedural Background This action arises out of a failed rental transaction. According to the allegations of the underlying complaint (“Complaint”), in October 2017, Defendant advertised a real property unit for rent in San Jose. (Complaint, ¶ 5.) Plaintiff entered into ne...

Excerpt: ...for the purchase and operation of Que Huong FastFood, Inc. (the “Business”). (FAC, ¶ 1.) Pursuant to the Agreement, the parties were to have an equal interest in the ownership, operation and profits of the Business. (Id., ¶ 5.) The parties specifically agreed that only Plaintiff and Defendant would have the right to make decisions relating to the Business and share equally in its profits; Defendant's husband, defendant Steven Chan (“Steve...

Excerpt: ...ity, Hernon Lake Shore, LLC, owns a 13.77% interest in the partnership. (Id., ¶ 8.) Plaintiff was first introduced to the Partnership investment in 2007 and at that time he understood the investment would be adequately capitalized and that then‐general partner Delamore and main fundraiser Byron Meo could meet their $7 million fund raise commitments. (Id., ¶ 10.) In consideration of his financial investment, which exceeded $1 million, Plaintif...