Excerpt: ...00341); (2) a civil harassment case, Ekaterina Berman v. Sergey Firsov (Santa Clara County Superior Court, Case No. 19‐CH‐ 008591); and (3) a civil harassment case, Sergey Firsov v. Evgeniy Babichev (Santa Clara County Superior Court, Case No. 19‐ CH‐008613). Defendant Ekaterina Berman (“Berman”), an attorney, represents Plaintiff's ex‐wife in the ongoing dissolution action. In that case, Berman helped her client file requests for o...

Excerpt: ...2005, Plaintiffs obtained a loan of $632,000 from America's Wholesale Lender that was secured by a deed of trust for real property located at 4992 Mise Avenue in San Jose, California (the “Property”). (FAC, ¶ 10.) America's Wholesale Lender eventually transferred the loan to Countrywide Home Loans (“Countrywide”) who thereafter modified the loan in 2008. (¶ 11.) The modification reduced Plaintiffs' monthly mortgage payment to $2,500. (I...

Excerpt: ...tion for breach of contract, fraud, and unfair competition. CrossDefendants filed the underlying second amended complaint (“SAC”) against Lam Hauling, defendant Tinh Lam, and defendant James T. Kim on July 20, 2018. On January 2, 2019, Lam Hauling filed the operative FACC against Cross‐Defendants. According to the allegations of the FACC, prior to August 19, 2016, Lam Hauling owned and operated Leo Recycle—a recycling and waste dumping bu...

Excerpt: ...ts. Plaintiff further alleges that Defendant breached the implied warranty of merchantability and, consequently, the lemon law (i.e., the Song‐Beverly Act), when it sold the subject vehicle with the defect, which existed at the time of sale or within one year, to Plaintiff. On August 21, 2018, Plaintiff served written discovery on Defendant, including Form Interrogatories (“FI”), Set One, Special Interrogatories (“SI”), Set One, Request...

Excerpt: ...��). According to the allegations in the second amended complaint (“SAC”), Plaintiff underwent an appendectomy on December 25, 2016. (SAC, ¶ 10.2.) On or about January 21, 2017, Plaintiff experienced symptoms of abdominal and pelvic pain, nausea, and vomiting. (SAC, ¶¶ 10.8‐10.10.) The next day, she went to the emergency room on two separate occasions; during the second visit, she was diagnosed with “abdominal pain, bowel obstruction, ...

Excerpt: ...s ACE Capital Group (“ACE”), ACEQ Investment Group, Inc. (“ACEQ Investment”), and 230 East Street and Avenue B, LLC (collectively, the “Entities”). According to the allegations in the second amended complaint (“SAC”), ACE originally purchased undeveloped real property in an unincorporated area of the Mojave Desert (the “Property”) for $605,000 in 2006. (SAC, ¶ 20.) One year later, Qin, who was ACE's real estate broker, arrang...

Excerpt: ...and accompanying 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 of the process: Good cause for discovery of peace officer person...

Excerpt: ...rst amended complaint (“FAC”), Decedent was a commercial semi‐truck driver and operated a 2006 Freightliner truck and 2009 trailer (the “Truck”). (FAC, ¶ 8.) In November 2015, the California Highway Patrol (“CHP”) conducted an examination of the Truck and noted several deficiencies in the braking system including: defective lining on axle #1, leaking and oil contamination on axle #1, and worn brake lining on axle #5. (FAC, ¶ 9.) T...

Excerpt: ...(Complaint, ¶¶ 12, 32.) Plaintiff hired Kitchen as a direct hire recruiter. (Complaint ¶ 7.) As a condition of employment, he signed a NDA. (Complaint, ¶ 9.) Among other things, the NDA provides: confidential information learned by an employee is proprietary information that is the exclusive property of Plaintiff; an employee may not use proprietary information for any purpose other than to fulfill his duties to Plaintiff; and an employee sha...

Excerpt: ...nce policy. (Complaint, ¶ 3 and Exhibit 1.) Plaintiff had such coverage when she suffered a covered loss of human eyelashes that she had imported from Asia. (Id., ¶ 6.) Plaintiff tendered the loss to GIA, who failed to render a coverage opinion on the claim. (Id., ¶ 10.) GIA's conduct was intended to compel Plaintiff to abandon her insurance claim and absorb the loss herself. (Id., ¶ 15.) As a direct result of Defendants' conduct, Plaintiff m...

Excerpt: ...nia (“Subject Property”). (Complaint, ¶¶ 3, 10.) Phillip, along with John Langton (“John”) and Sara Langton (“Sara”), owned the Subject Property as joint tenants. (Complaint, ¶ 12.) In 1990, John and Sara changed the character of their interest in the Subject Property to community property via an inter‐spousal transfer deed. (Complaint, ¶ 13.) Then, in 1996, they conveyed their interest in the Subject Property to themselves as t...

Excerpt: ...t is based is one upon which an attachment may be issued; (2) the applicant has established “the probable validity” of the claim upon which the attachment is based; (3) the attachment is not sought for a purpose other than the recovery on the claim upon which the request for attachment is based; and (4) the amount to be secured by the attachment is greater than zero. (CCP § 484.090.) In order to establish the probable validity of its claim, ...

Excerpt: ... Car, he received an express warranty from Defendant; the purpose of the express warranty was to preserve or maintain the Car's utility or performance, or provide compensation in the case of failure to either in a specified period of time. (Id., ¶ 7.) During the warranty period, the Car contained or developed numerous defects including, but not limited to, the following: defects relating to the steering system; impairment of the fuel flow; prema...

Excerpt: ...ade no explicit findings about the probable validity of plaintiff's claim, and did not rely solely on that issue to find against plaintiff. 2. Based on the declarations and documents submitted by Plaintiff, the Court finds that plaintiff has established by a preponderance of the evidence the probable validity of his claim. (See § 405.32.) (Defendant Tran's evidentiary objections are overruled.) Defendant Tran provides no actual evidence to the c...

Excerpt: ...6, 2015. (FAC, ¶ 6.) 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., ¶ 7.) During the warranty period, the Subject Vehicle contained or developed numerous defects including, but not limited to, the following: defects relating to...

Excerpt: ...s acquisition entity, which centralizes global rights acquisitions and sales. (First Amended Complaint (“FAC”), ¶ 1.) Plaintiff owns the rights to exclusively distribute and broadcast certain sports programs and alleges that defendant Saudi Selevision Company LLC (“Selevision”), who distributed beIN channels in Saudi Arabia from February 2014 to April 2016, when the relationship was terminated, pirated beIN's programming and made it avai...

Excerpt: ...lleging that Defendants owed him (Perkins) attorney fees, costs and expenses under the terms of a written fee agreement. The complaint alleged causes of action for: (1) breach of contract; (2) common count; (3) account stated; and (4) constructive trust. A few months later, Johnson filed a cross‐complaint against Perkins asserting claims for: (1) fraud; (2) conversion and constructive trust; and (3) unfair business practices. A stipulation and ...

Excerpt: ... adult. According to the allegations of the SAC, which is brought by the mother of decedent and dependent adult Benjamin Anthony Anderson (“Benjamin”), in 2016, she (Peggy Anderson or “Plaintiff”) consulted with defendant SARC to arrange for appropriate care for her son as she was scheduled to undergo a surgical procedure and would temporarily be unable to care for him. (SAC, ¶¶ 3‐6, 14.) SARC is a “regional center” responsible fo...

Excerpt: ...ng from a psychotic episode in Pacific Grove, California which caused his family to call the police. (SAC, ¶ 13.) The Pacific Grove Police (“PGPD”) responded, as did AMR, and Plaintiff was placed on an involuntary psychiatric hold pursuant to Welfare and Institutions Code section 5150 (“5150”). (Id., ¶¶ 14‐15.) Plaintiff was then placed on a gurney to transport him to a medical facility. (Id., ¶ 15.) Plaintiff resisted flexing his e...

Excerpt: ...covery; it's another thing if the amendment is proposed due to a review of the case, as Plaintiff's counsel states. (CRC 3.1324(b) Spielbauer Decl., ¶ 5.) Plaintiff blames the lateness of the proposed TAC on BANA's supposed “discovery obfuscation.” (Reply, at p. 2.) Even if BANA behaved badly during discovery, that has little to do with the new claims in the TAC. Those claims are based on information Plaintiff has had for a long time concern...

Excerpt: ...y defendants who will be going to trial are San Jose Yang LLC and Shuefei Yang. 2. The City will have to prove numerous elements to establish its claims against the current defendants, and many of these elements don't relate to the former defendants. But for the City to succeed on its SJMC Chapter 6.44 – based claim against the remaining defendants, it has “to prove up the operation of the illegal massage business” at the property in questi...

Excerpt: ...When required, Plaintiff obtains approval from a patient's managed health care plan to perform medical services. (Complaint, ¶ 9.) Plaintiff provided a consultation to R.C., a patient insured under the defendants' health plan. (Complaint, ¶¶ 11‐12.) On or about December 1, 2016, Plaintiff spoke with Anthem Blue Cross's client services representative named “Ronald” to verify R.C.'s healthcare coverage. (Complaint, ¶¶ 13‐ 14.) Plaintif...

Excerpt: ...ons of the FAC, Martinez initially began working at First Quality in 2011 as a line cook. (FAC, ¶ 5.) Approximately three years later, he was promoted to the position of head chef, where he performed cooking duties approximately eighty percent of the time. (Id.) Gallegos was also hired in 2011, and experienced the same job trajectory as Martinez. (Id., ¶ 6.) Plaintiffs performed duties that were non‐exempt under both California and federal la...

Excerpt: ...derlying Lawsuit”) to recover damages from a former employee, Andres Anguiano (“Anguiano”), who gained access to their home and stole $1,300 in cash and medications belonging to Lamb along, with multiple items of jewelry belonging to Williams. The Underlying Lawsuit was also brought against Anguiano's girlfriend, Maria Madrigal (“Madrigal”) and Rosalba Velazquez (“Velazquez”), the owner of a jewelry business who bought the stolen je...

Excerpt: ...ents, including the Bohlin Family Living Trust. (FAC, ¶ 5.) In exchange for drafting these documents, Plaintiff and his then‐wife paid Poyner the sum of $1,450. (Id.) On December 7, 2007, Plaintiff and Sandra executed various estate planning documents executed by Poyner including a document entitled “Community Property Statement Transmutation Agreement” (the “Transmutation Agreement”), which purportedly transmuted one‐half of Plainti...