Excerpt: ...t‐lien Deed of Trust and Promissory Note” in its favor. (FAC, ¶ 10.) Subsequently, defendant Bank of America, N.A. (“Bank of America”) became the successor beneficiary of the deed of trust. (FAC, ¶ 11.) In 2012, Plaintiffs submitted to Bank of America a loan modification application to avoid foreclosure. (FAC, ¶ 12.) Bank of America approved Plaintiffs' application and offered them a permanent modification contingent upon successful co...

Excerpt: ...ierce Avenue, San Jose, California (the “Property”) for $900 per month for a one year fixed‐term. (Complaint, ¶¶ 4, 5, & 8.) When the term of the lease expired, Plaintiff continued to reside at the Property and pay rent. (Id. at ¶¶ 4 & 9.) “Immediately upon moving onto the property[,] Plaintiff experienced issues with mold at the property.” (Complaint, ¶ 10.) “Defendant was notified of these conditions, and advised Defendant to t...

Excerpt: ...e from Volkswagen that was delivered with serious defects and nonconformities to the warranty. (Complaint, ¶ ¶ 9‐10.) Specifically, there was a defect with the vehicle's timing chain system which could impair the engine's functioning, or cause damage to the vehicle. (Complaint, ¶17.) The defective timing chain system also poses a significant safety risk because sudden failure could cause the vehicle to lose engine power, resulting in a loss ...

Excerpt: ...t in time, the Property was illegally subdivided into three units. In May 2015, Plaintiffs began leasing Unit A. Shortly thereafter, Defendant agreed to lease Unit C to Plaintiffs as a storage unit. Although Unit C served as a residence at some point in time, Defendant had since removed bathroom fixtures and capped the pipes in that unit. In October 2015, Plaintiffs discovered a sewage leak in Unit C; the leak damaged the property they were stori...

Excerpt: ...ectively, “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 invest $200,000 in a bar and nightclub in Los A...

Excerpt: ...ackground This is a wrongful death action brought by Plaintiffs, the parents of the decedent Thai Vu. (Complaint, ¶ 12.) According to the allegations of Plaintiffs' complaint, the Senter Office Defendants and defendants Henry Nguyen, IKaraoke Inc. (“IKaraoke”), Tuan Nguyen, and Trang Uyen Do, M.D. (“Do”) “owned, controlled, maintained, managed, operated, leased and rented 2114 Senter Road in San Jose, California, a commercial office pa...

Excerpt: ...d for and obtained a line of credit from Plaintiff with the issuance of a credit card. Defendant subsequently utilized the card but failed to make all payments due on the amounts owed. Wells Fargo filed the instant motion on March 11, 2019. Defendant filed a late opposition on May 31, 2019. II. Plaintiff's Motion for Summary Judgment A. Legal Standard The party moving for summary judgment bears the initial burden of production to make a prima fac...

Excerpt: ...og, D.O. (“Plaintiff”) and move to strike portions contained therein. I. Factual and Procedural Background This is an action for breach of contract and intentional infliction of emotional distress, among other things. According to the allegations of the FAC, Plaintiff began her affiliation with Stanford in 2009 when she served as a member of the Emergency Medical Services Fellowship though the Department of Emergency Medicine of the Stanford ...

Excerpt: ...pine surgery to patients suffering from spinal injuries and/or conditions. (FAC, ¶ 1.) Anthem Blue Cross sponsors and administers health plans. (Id., ¶ 2.) Defendant CIFW is a voluntary employees' beneficiary association which pays for hospital, medical, vision, drug and dental claims incurred under the terms of the CIFW's plan with its participants. (Id., ¶ 3.) Plaintiff does not have any agreement, partnership and/or contract with any manage...

Excerpt: ...m for Camila Alvarez (“Alvarez”), a minor (collectively, “Plaintiffs”). I. Factual and Procedural Background This 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 ...

Excerpt: ...d for and obtained a line of credit from Plaintiff with the issuance of a credit card. Defendant subsequently utilized the card but failed to make all payments due on the amounts owed. Wells Fargo filed the instant motion on March 11, 2019. Defendant filed a late opposition on May 31, 2019. II. Plaintiff's Motion for Summary Judgment A. Legal Standard The party moving for summary judgment bears the initial burden of production to make a prima fac...

Excerpt: ...y, “Defendants”). Plaintiff alleges Defendants' payment of $2,009.93 was insufficient and seeks to recover $24,810.27, which is a portion of the $50,700 it billed for its services. In Plaintiff's original complaint, it alleged an Anthem representative warranted that it would be reimbursed for surgical services based on the reasonable and customary value of those services and not at the discounted rate received by in‐network providers. (Comp...

Excerpt: ..., ¶ Prem.L‐1.) The City and defendant County of Santa Clara (collectively, “Defendants”) allegedly owned the public property on which the dangerous condition existed. (Complaint, ¶¶ Prem.L‐1 & Prem.L‐4.) Defendants breached their duty to Plaintiff “by failing to address, alleviate, remove and/or remedy the dangerous condition on [their] premises, and by failing to warn people, including Plaintiff, of the presence of such a dangerou...

Excerpt: ...endant to verify the patient's health benefits, including the rate of reimbursement for medical services provided by an out‐of‐network provider. (Compl., ¶¶ 25–27.) Defendant told Plaintiff it would be reimbursed at the usual and customary rate for the same or similar services in the geographic area and would not be reimbursed based on Medicare reimbursement rates. (Compl., ¶¶ 25–26.) In reliance on Defendant's representations, and wi...

Excerpt: ...omplaint”), Garrison was initially employed by Summit, an alcoholism and drug abuse rehabilitation center located in Los Gatos, as a weekend chef and worked as a non‐exempt employee from January 2011 to March 30, 2016, typically for 50 hours per week. (Complaint, ¶¶ 15‐16, 18.) In January 2013, Plaintiff was promoted to Residential Chef. (Complaint, ¶ 19.) Approximately 20 months later, on September 21, 2015, Plaintiff was injured on the...

Excerpt: ..., and Chun had a company debit card and credit card for that purpose. (FAC, ¶ 15.) In February 2014, Plaintiff's accountants discovered banking transactions that appeared to involve Chun's personal expenses rather than business expenses. (FAC, ¶ 15.) Chun admitted he had not maintained his own bank account and used the company debit card for personal expenses. (FAC, ¶ 15.) Chun's partners subsequently discovered additional unauthorized purchas...

Excerpt: ...m for Camila Alvarez (“Alvarez”), a minor (collectively, “Plaintiffs”). I. Factual and Procedural Background This 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 ...

Excerpt: ... September 1, 2015, on Interstate 280 in Campbell. Plaintiff sets forth no charging allegations against Allstate but acknowledges that she is suing Allstate because it insured Aboud. Plaintiff's complaint, which was filed on January 24, 2018, asserts a single cause of action against the defendants for “general negligence.” II. Procedural Background On February 22, 2018, Aboud filed a demurrer to the complaint, which was scheduled for hearing ...

Excerpt: ...rse (“RN”) for Good Samaritan Hospital in Northern California in March 2017. (SAC, ¶ 11.) Plaintiff worked at Good Samaritan until July 2017 and considered himself an employee of Good Samaritan during that time. (Id., ¶¶ 14‐20.) On July 19, 2017, Plaintiff received a letter from Advanced Med informing him that his employment relationship with Good Samaritan was being terminated following an incident between Plaintiff and a Respiratory Th...

Excerpt: ... her complaint in this Court without frustrating the automatic stay as to Group One Construction, Inc. And since there is no trial date set, allowing the amended complaint would not unduly the case. 2. But the Court should not permit a futile amendment. One way an amended complaint is futile is if there is a statute of limitation defense obvious from the face of the amended complaint. “The general rule is that an amended complaint that adds a n...

Excerpt: ...s for the 30 or so pages produced since then, the Court has no information on when they were produced. The Court thus cannot conclude that a challenge to the Attorney Eyes Only (“AEO”) or other confidentiality designation for those documents is timely. Moreover, the burden of translating all of these documents seems excessive, in light of their relevance and the fact that defendant can translate them just as easily. But the Court would not ba...

Excerpt: ...ad a private, offline, domestic dispute that devolved into an online dispute over Twitter. Moxon and Than (collectively, “Plaintiffs”) assert causes of action against Alana, Ana, and Gloria Romero (collectively, “Defendants”) for: (1) defamation (against all defendants); (2) invasion of privacy (against all defendants); (3) violation of the Tom Bane Civil Rights Act (against Alana); (4) civil extortion (against Alana and Ana); (5) unautho...

Excerpt: ...scom's cross‐complaint for breach of contract, open book account, quantum meruit and account stated; (3) Lehigh's sixth cause of action for recovery of compensation paid to unlicensed construction contractor (against IWI); (4) Lehigh's sixth cause of action for recovery of compensation paid to unlicensed construction contractor (against Rascom); (5) Lehigh's seventh cause of action for declaratory relief regarding unlicensed construction contra...

Excerpt: ...f Pasha and Mahjabeen Pasha (collectively, “Plaintiffs”) and move to strike portions contained therein. I. Factual Background This is an action for fraud and violations of the California Homeowners' Bill of Rights (the “HBOR”), among other things, arising out of the foreclosure of a residential property located in Santa Clara (the “Subject Property”). According to the allegations of the operative FAC, on September 14, 2005, Plaintiffs...

Excerpt: ... summons and complaint in this action was effectuated on Defendant on January 8, 2019 via substitute service. On February 15, 2019, Defendant filed the instant motion to quash service of the summons and complaint on the ground that proper service on her of the foregoing items was not made. Plaintiff opposes the motion. II. Defendant's Motion to Quash Service of Summons Defendant moves to quash service of summons pursuant to Code of Civil Procedur...