Excerpt: ...eronica Martinez and Melanie Gutierrez (collectively, “Plaintiffs”) and move to strike portions contained therein. I. Background A. Factual This is an action for breach of contract and breach of the implied warranty of habitability, among other things, between 20 residential tenants and their landlords. Plaintiffs, who are comprised of both adults and minors, reside in a 40 unit apartment complex located in San Jose. Plaintiffs allege that th...

Excerpt: ... company with three shareholders: Plaintiff; her brother Crain; and the Crain Family 1994 Trust (“Trust”). (FAC, ¶ 2.) Plaintiff and Crain each own a 46 percent interest, and the Trust owns an 8 percent interest. (Ibid.) Plaintiff and Crain are co‐trustees of the Trust and equal beneficiaries of the shares held in the Trust. (Ibid.) Accordingly, Plaintiff holds at least 50 percent of the voting power of the shareholders of CCCI. (Ibid.) CC...

Excerpt: ...alleges that Defendant failed to properly evaluate tests performed on her and consequently failed to detect that she had been diagnosed with leukemia rather than lymphoma. This failure resulted in Plaintiff being treated with unnecessary FCR chemotherapy for six months and extended the treatments actually necessary to treat her leukemia. B. Procedural Plaintiff filed her Complaint against Defendant and co‐defendant Sutter Health Palo Alto Medic...

Excerpt: ...ifth cause of action (conspiracy to commit fraud) and gave Plaintiffs one last opportunity to amend their claim. Plaintiffs filed the TAC. Wang and ACEH Capital, LLC (collectively, “Defendants”) once again demur to the fifth cause of action, arguing Plaintiffs still fail to state a viable claim against them. II. Background A. Factual ACEH Capital, LLC (doing business as Ace Capital Group) (“ACE”) originally purchased undeveloped real prop...

Excerpt: ...e TAC, Plaintiff played volleyball for Stanford whose volleyball program is governed by the NCAA. Plaintiff sustained a concussion at practice during a dangerous digging drill, was prematurely returned to play without a proper evaluation, and sustained a second concussion and traumatic brain injury during a game roughly three weeks later. Plaintiff alleges Stanford did not follow its own concussion protocol or the NCAA's protocol and forced her t...

Excerpt: ...I. Background A. Factual The instant actions arise out of a purported failure to pay money owed pursuant to a settlement agreement. According to the allegations of the underlying complaint (“Complaint”), in or around June and July 2009, Plaintiffs and defendants Vikas Goel (“Goel”), eSys Technology Pte. Ltd. (“eSys Singapore”), eSys Distribution, Inc., eSys Technologies FZE, eSys Distribution FZE, eSys Distribution (Private) LTD., eSy...

Excerpt: ... treatment of spine injuries and/or conditions. (FAC, ¶¶ 1, 8.) When required, Plaintiff obtains approval from a patient's managed health care plan to provide medical services. (Id., ¶ 9.) Plaintiff provided a consultation to J.S., a patient insured under Defendants' healthcare plan. (FAC, ¶¶ 11‐12.) In November 2017, Plaintiff spoke with an Anthem Blue Cross client services representative named “Yvonne A.” to verify J.S.'s healthcare ...

Excerpt: ...fits as an employee was membership in the California Public Employees' Retirement System (“CalPERS”). (Complaint, ¶ 7.) In 2017, Plaintiff calculated her prospective retirement benefits using the CalPERS website and based on her projected retirement benefits, decided to retire, surrendered her California home and moved to Nevada. (Complaint, ¶ ¶12, 14.) However, shortly after retirement she received notice that her calculation of benefits ...

Excerpt: ... Zehava Shifman (“Shifman”) (collectively, “Defendants”). According to the allegations of the FAC, Shifman asked Plaintiff, an old friend, to help her found a commercial business, OSR, to market a hardware and software platform she was developing for the automotive industry. (FAC, ¶¶ 1‐4.) Plaintiff accepted Shifman's offer and agreed to provide his services in exchange for equity in OSR rather than a regular salary. (Id., ¶¶ 2‐3....

Excerpt: ...knownst to her, Defendant had inhaled “Dust‐off” before and/or while he was driving. Defendant subsequently blacked out and turned the wheel to the right, causing the vehicle to swerve off of the roadway and collide head‐on with a tree. The collision totaled the vehicle and resulted in significant injuries to Plaintiff. Plaintiff additionally pleads that on March 27, 2017, Defendant was convicted of one felony count of driving under the i...

Excerpt: ...genia Florencia Chavez Sanchez, and Gabino Guevara (collectively, “Plaintiffs”). Factual and Procedural Background This is an action for fraud and negligence. According to the allegations of the operative 6AC, defendants Leticia Ramona Sandoval Gonzalez (“Gonzalez”), Daniel Alberto Valdez Sandoval, Juventia Narciso Marquez, Felipe Carrasco Villamares, Alejandra Villamares, and Maria Carmen Arteaga Barajas (“Barajas”) (collectively, �...

Excerpt: ... property located in San Jose (the “Property”). (Complaint, ¶¶ 4, 9 and Exhibit 1.) In August 2018, Defendants purchased the Property and assumed the lease. (Id., ¶ 10.) On January 3, 2019, a fire started in a neighboring unit and spread to Plaintiff's unit, resulting in significant damage to the unit and Plaintiff's personal property. (Id., ¶¶ 11, 13.) After the fire was extinguished, Mr. Chan arrived and was advised by the fire departm...

Excerpt: ...edural 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 negotiations with Defendant to rent the unit and the parties executed a rental agreement in November 2017. (Id., ¶ 7.) Prior to moving in, Plaintiff inspected the unit with Defe...

Excerpt: ...ckground In January 2006, Plaintiff purchased a real property located in Campbell (the “Property”) with a loan (the “Loan”) from Plaza Home Mortgage, Inc. that was secured by a deed of trust (“DOT”) on the Property. (Complaint, ¶¶ 17‐ 18; Defendants' Request for Judicial Notice (“RJN”), Exhibit 1.) On October 13, 2009, trustee the Wolf Law Firm filed a Notice of Default (“NOD”) against the Property. (Complaint, ¶ 20.) The...

Excerpt: ...itClave is a private company with its principle place of business in San Jose that developed a blockchain‐based platform called BitClave Active Search Ecosystem, which allows consumers to control when and how they share data with retail companies. (FAC, ¶ 9.) In exchange, consumers earn Consumer Activity Tokens (‘CAT”). (Id.) At the time the company was founded in July 2017, it had two shareholders: Alex Bessanov (“Bessanov”), the foun...

Excerpt: ...uses of action. Defendants contend that the causes of action in Plaintiff's Complaint arise out of, or are directly related to Plaintiffs former employment with Defendants. On June 6, 2017, when Plaintiff was hired by Defendant, Plaintiff signed a document entitled "Mediation and Arbitration Agreement" (hereinafter “Arbitration Agreement”). Defendant contends that by signing the Arbitration Agreement Plaintiff agreed to arbitrate any ...

Excerpt: ...is is an action for wrongful death and negligence. According to the allegations of the operative complaint (“Complaint”), 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. (Complaint, ¶ 15.) While at the intersection of North Capitol and Madden, the vehicle was struck by a VTA light rail vehicle operated by Welch, resulting in the Decede...

Excerpt: ...“Rodriguez”) (collectively, “Defendants”); it is accompanied by a request for judicial notice.1 For context, when Plaintiff filed the original complaint in 2015, he named as defendants: (1) the general contractor, defendant Paul S.S. Elias (doing business as Apec Construction); (2) subcontractor Oscar J. Vega, Jr. (doing business as O J V Construction); and (3) Does 1–100. In October 2018, Plaintiff substituted Welder as Doe 2.2 Then, i...

Excerpt: ... as much. (Id., ¶ 12.) On August 9, 2018, Plaintiff and Defendant entered into an 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. (Comp...

Excerpt: ...ich was then consolidated with the earlier‐filed action by Navient Corporation.1 On January 25, 2019, Lowe served Navient Corporation and Navient Trust (collectively, “Plaintiffs”) with requests for the production of documents, set one (“RPD”). (Salmonsen Decl., ¶¶ 3–4 & Exs. A–B.) On February 12, Plaintiffs served responses to the requests. (Id., ¶¶ 5–6 & Exs. C–D.) Lowe identified and discussed with Plaintiffs problems wit...

Excerpt: ...iary duty and legal malpractice arising out of a property dispute. According to the allegations of the operative complaint (“Complaint”), Plaintiffs own a residential property located at 2276 Bentley Ridge Drive in San Jose (the “Property”). (Complaint, ¶ 1.) Pursuant to a written agreement (the “Contract”), Plaintiffs hired defendant Coldwell and Concepcion to list and sell the Property, which was to be listed and sold for $2.4 mill...

Excerpt: ...ral Background This action arises out of foreclosure proceedings initiated by Defendants against Plaintiff and a residential property owned by her in Santa Clara (the “Property”). According to the allegations of the FAC and judicially noticeable documents, on April 6, 2006, Plaintiff obtained a loan (the “Loan”) to purchase the Property which was secured by a deed of trust (the “DOT”) recorded on October 11, 2006. (FAC, Exhibit A; Def...

Excerpt: ...allegations of the FAC, Plaintiff's mother passed away due to the negligent care of Defendants on January 26, 2017. (FAC, ¶ 11.) Plaintiff filed her initial complaint on April 26, 2018, and the FAC on April 10, 2019, which asserts a single cause of action for negligence: medical malpractice. On May 29, 2019, Defendants filed the instant demurrer to the FAC on the ground of failure to state facts sufficient to constitute a cause of action. (Code ...

Excerpt: ...ment (“UPA”). (Id., ¶ 6 & Ex. 1.) In December 2016, Plaintiffs executed the “Limited Guaranty” (id., ¶¶ 8–9 & Ex. 2) in which they agreed to guarantee timely and complete payment and performance under an indemnity provision in section 9 of the UPA (id., ¶ 10 & Ex. 1 at pp. 47–52). In October 2018, Defendant accused Butler of failing to provide financial disclosures in conformity with section 5.5 of the UPA and demanded arbitration...

Excerpt: ...purchase, Plaintiff received an express warranty pursuant to which HMA undertook to preserve or maintain the utility or performance of the Vehicle or to provide compensation if there was a failure in such utility or performance. (Id.) Plaintiff alleges that the Vehicle was delivered to her with serious defects and nonconformities to the warranty including, but not limited to, engine, transmission, electrical and exterior defects. (Complaint, ¶ 9...