Excerpt: ...dural Background This is an action for wrongful foreclosure, among other things, arising out of the foreclosure sale of a residential property located in San Jose. According to the allegations of the operative Complaint, on December 15, 2005, Plaintiffs purchased the real property located at 940 College Drive in San Jose (the “Property”) with a loan from American Mortgage Express Corp. that was secured by two deeds of trust (“DOTs”) recor...

Excerpt: .... Under this Contract, Defendant agreed to provide general contracting services for construction/repairs at Tuscany Hills. (FAC, ¶ 7, Exhibit A.) Plaintiff alleges that Defendant materially breached the Contract by, among other things: failing to perform its work according to the time requirements; failing to perform the work for which it was originally contracted; performing defective work; and failing to meet it warranty obligations. (Id., ¶ ...

Excerpt: ...ctions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” To determine whether consolidation is appropriate, courts consider the following factors: (1) timeliness of the motion; (2) complexity of the actions; and (3) prejudice to any party. (See Weil & Brown, California Practice Guide: Civil Procedure Before Trial (The Rutter Group 2015) ¶ 12.361.) In addition, the Court ne...

Excerpt: ...rd Street and 271 Barnard Avenue (the “Subject Property”). Plaintiff Freidrik Ternian and defendant Ninos Ternian (“Ninos”) are brothers and co‐owners of Arseen, a San Jose auto body shop. The brothers are also‐ along with their wives‐ equal co‐ owners of the Subject Property. On May 10, 2018, Plaintiffs filed a complaint for partition of the Subject Property, among other things, against Ninos and his wife, Zhaklin Ternian (“Zha...

Excerpt: ...nt Vani Aboud (“Aboud”) on September 1, 2015, on Interstate 280 in Campbell. Plaintiff sets forth no charging allegations against Allstate but acknowledges that she is suing it 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 wa...

Excerpt: ...herein. I. Factual and Procedural Background This is an action for civil penalties and costs arising out of the alleged violation of Title 6 of the San Jose Municipal Code, known more commonly as San Jose's Massage Ordinance. According to the allegations of the operative SAC, the LLC is the owner of a property (the “Property”) located at 156 South Jackson Street, San Jose; Yang is the LLC's Chief Executive Office. (SAC, ¶ 10.) On August 22, ...

Excerpt: ...ex disclosed its proprietary information to Bitmain, subject to a nondisclosure agreement, during their negotiations. After they finally reached a deal in November 2014, set forth in a memorandum of understanding, Bitmain backed out and absconded with Cryplex's trade secrets and several key employees. And so, Cryplex filed this lawsuit. It asserts causes of action against Bitmain for: (1) breach of contract (nondisclosure agreement); (2) misappro...

Excerpt: ...intersection of Lowell Avenue in Palo Alto. (FAC, ¶ 8.) As Plaintiff was riding his bicycle, he was struck by a 2005 Gray Acura TL that was “owned, controlled, maintained, entrusted, handled, managed, supervised, operated and/or possessed” by defendants Diep Wilson (“Wilson”) and Ching‐Pei Hu (“Hu”). (Id. at ¶¶ 4 & 8.) As a result of the accident, Plaintiff suffered serious and permanent injuries. (Id. at ¶ 8.) Plaintiff alleges...

Excerpt: ...on counts entitled Wu, et al. v. Marhamat, Case No. 2006‐1‐CV‐067705 (the “Original Action”), which pertained to a residential property purchase agreement for a property (the “Subject Property”) located in Saratoga. (Complaint, ¶ 3.) On November 14, 2006, Defendants obtained entry of default in the foregoing action, followed by entry of a default judgment on August 18, 2008. (Id., ¶ 4, Exhibit A.) Plaintiff alleges that the defaul...

Excerpt: ...er to Yu's opposition.) Evergreen Lodge has two primary arguments to support its motion: a) Santa Clara County is an “improper venue” by law; and b) even if Santa Clara County is a permissible venue, the convenience of witnesses counsels for the Court to exercise its discretion to choose Tuolumne County. As for Evergreen Lodge's first argument, the Court deems it waived. Under Code of Civil Procedure section 396b(a), a motion for mandatory tr...

Excerpt: ...rating a power press machine at defendant Nippon Trends Food Service, Inc. (“NTFS”). (Complaint, ¶ GN‐1.) The manufacturer of the power press designed the power press with guards and/or installed guards on the power press. (Id.) Defendant NTFS removed and/or failed to install guards on the subject power press. (Id.) Based on the foregoing allegations, on March 11, 2015, Plaintiff filed a Judicial Council form complaint against defendant NT...

Excerpt: .... According to the allegations of the FAC, as of December 2017, Plaintiffs were the owners of a residential property located in Sunnyvale (the “Property”), which was subject to a Deed of Trust executed in favor of Wells Fargo. (FAC, ¶ 9.) The month prior, McLaughlin had discussions with an individual named “Jerry” from Wells Fargo who advised him that a loan modification was an option for him and Stevens, and that in order to begin the p...

Excerpt: ...aining the action for trial in California.” (Stangvik v. Shiley Inc. (1991) 54 Cal.3d 744, 751 (Stangvik).) The ultimate question is whether the balancing of the Stangvik factors shows that California is a seriously inconvenient forum. (Ford Motor Co. v. Insurance Co. of North America (1995) 35 Cal.App.4th 604, 611.) Defendants, as the moving parties, bear the burden of proof. (Stangvik, supra, 54 Cal.3d at p. 751.) Is India a Suitable Place fo...

Excerpt: ...pted employment with defendant Vasper Systems, LLC (“Vasper”) as its Chief Executive Officer and entered into a written employment contract with the company. (Complaint at ¶¶ 10, 13.) The agreement provided, among other things, that Plaintiff would receive an annual salary of $300,000 and that if she was terminated without cause, she would be paid 30 days severance pay. (Id. at ¶ 11.) Plaintiff alleges defendant Peter Wasowski (“Wasowski...

Excerpt: ...e “Act”) based on her assertion that Defendant failed to protect her from an abusive train passenger who regularly boarded her train. (FAC, ¶¶ 9‐14.) According to the allegations of the FAC, Plaintiff worked for Defendant as an assistant conductor on trains operated by Caltrain in the Bay Area. (FAC, ¶ 6.) Plaintiff identifies herself as an African American woman and describes the abusive passenger as a white, male, double amputee with b...

Excerpt: ...panying papers, the Court issues the following tentative ruling: 1. This Pitchess discovery scheme for discovery of peace officer personnel records applies to civil cases, not just criminal cases. (City of Hemet v. Superior Court (1995) 37 Cal.App.4th 1411, 1423–1424.) The court in Riske v. Superior Court (2016) 6 Cal.App.5th 647, 655–656, captured well the key elements: Good cause for discovery of peace officer personnel records under the st...

Excerpt: ...ctual and Procedural Background 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) LT...

Excerpt: ...ments. (Id. at ¶14.) Around 2012, Park acquired Emahs Laundry and became Dominguez's employer until her termination in March 2018. (Id. at ¶ 12.) During this time, Park engaged in numerous wage and hour violations, including failing to properly compensate Dominguez for overtime, requiring Dominguez to work without receiving timely meal and rest breaks, failing to staff the laundromat such that Dominguez could receive meal and rest breaks, faili...

Excerpt: ...‐action for indemnity and contribution arising out of injuries suffered by plaintiff Israel Flores (“Plaintiff”). According to the allegations of the underlying complaint (“Complaint”), on May 10, 2017, Plaintiff, a truck driver, was loading his truck at the Sunbelt Rentals yard located in San Jose when an improperly repaired entry gate fell and struck him in the head, neck, back, right shoulder and right leg, causing him injury. (Compl...

Excerpt: ...com. They do seek emails from four other email accounts: [email protected], [email protected], [email protected], and [email protected]. As for the [email protected] and [email protected] accounts, plaintiffs make no argument concerning them in their opposition. The Court therefore grants the motion to quash for those email accounts. That leaves the [email protected] and [email protected] accounts. First, plaintiffs have not rebutted the pres...

Excerpt: ...3 date was set; b) that Plaintiff's counsel has two other trials set in June. Contrary to Defendant's contention, other trials being handled by the same trial counsel at or close to the time of trial is relevant in the continuance analysis. (See CRC 3.1332(d)(8).) Plaintiff's past litigation conduct is not dispositive on whether the Court should grant this trial continuance request. And the Court doesn't view Plaintiff's counsel's conduct as undu...

Excerpt: ...information under Civil Code section 3295, subdivision (c) . . . it must (1) weigh the evidence presented by both sides, and (2) make a finding that it is very likely the plaintiff will prevail on his claim for punitive damages. (Jabro v. Superior Court (2002) 95 Cal.App.4th 754, 755.) That means the Court must find that it is very likely that plaintiff will show by clear and convincing evidence that defendant acted with oppression, fraud, or mal...

Excerpt: ...ovember 2016, Ahner introduced Plaintiff, who was then employed at Symantec and possessed needed software expertise to compliment Defendants' technical backgrounds, to Mullen and the three began to collaborate. (Id.) On December 12, 2016, in a series of intranet messages, Ahner communicated to Plaintiff that: he and Mullen were working with attorneys; they were naming him as a fellow co‐founder in the stock pool; he was going to get 5% of the c...

Excerpt: ...ligations in the Unit Purchase Agreement (“UPA”) with Defendant. (Complaint, ¶¶ 5‐7.) In October 2018, Defendant delivered a demand for arbitration to Butler and claimed Butler owes at least $10,700,000 for breaching a provision in the UPA3 . (Complaint, ¶ 9.) Defendant contends that Plaintiffs would be liable to satisfy Butler's alleged liability for breach of the UPA. (Complaint, ¶ 10.) Plaintiffs allege Butler, and consequently Plain...

Excerpt: ...and “intimate” her. (Complaint, pp. 1‐3.) One security guard purportedly approached Plaintiff and stood “in [the] middle of the sidewalk while [Plaintiff] was standing on the street in the middle of [her] car width,” and said to Plaintiff that she “can't park here” because she was “parked in the red zone.” (Id. at p. 3.) Plaintiff further alleges that the other security guard “slowly shov[ed] her … presence towards [Plaintif...