Excerpt: ...of a certain claim concerning real estate in Cupertino against defendant Chiu‐Chuan Wang (“Chiu‐Chuan”)5 and her husband Chuang‐ Min Chang (collectively, the “Changs”). (Complaint, ¶ 5.) On September 20, 2016, pursuant to the terms of a contract between Plaintiffs and the Changs, Wu sent a mediation demand via counsel to the Changs. (Id., ¶ 6.) Plaintiffs ultimately filed suit against the Changs several months later for torts aris...

Excerpt: ... an employee was membership in the California Public Employees' Retirement System (“CalPERS”). (Id. at ¶¶ 4, 6.) From September 2016 to October 2017, Plaintiff received a temporary promotion which included a 10% increase in her salary. (Id. at ¶ 24.) She applied for, but did not get the permanent position, so she resumed her prior position. (Ibid.) Shortly thereafter, Plaintiff met with Defendant's Benefits Program Administrator, Ms. Rodri...

Excerpt: ...er this sum, Everest asserts a cause of action against Platinum for breach of contract as well as three common count claims (goods sold and delivered, book account, account stated). On June 5, 2019, Platinum, a California corporation, removed this action to federal court based on diversity jurisdiction, citing Everest's Texas citizenship.1 Initially, the district court issued an order to show cause why the action should not be remanded under the ...

Excerpt: ... consultancy business. (Complaint, ¶ 10.) In late 2016 and early 2017, Plaintiff began searching for an attorney who could provide the legal services component of her business. (Id., ¶ 11.) Plaintiff eventually met Defendant and the parties entered into an agreement (the “Agreement”) pursuant to which they agreed to share income and expenses equally and to essentially act as partners. (Id., Exhibit A.) Plaintiff was to provide office space,...

Excerpt: ...mination, among other things. According to the allegations of the operative SAC, Plaintiff was formerly employed as a Sales Representative, particularly in the Endoscopy Business Unit, for Stryker from April 2006 through May 2013 and July 2014 through December 2017. (SAC, ¶ 9.) In or around December 2014, shortly after Conley became Plaintiff's manager, she shared the news of her pregnancy with him and other members of the company's management. ...

Excerpt: ...ers”. The minutes are dated July 11, 2019, and state that, pursuant a notice on August 11, 2019, the majority shareholders of “Enabledware DS, LLC” voted to assign the rights of “Enabledware DS, LLC” against Lindow and Turner to Tabatabai. The demurrer to these causes of action is sustained. LAW AND MOTION TENTATIVE RULINGS DATE:NOVEMBER 26, 2019 TIME: 8:30 A.M. 3 As to the fifth cause of action for fraudulent transfer : Cross‐complai...

Excerpt: ...ocedures: The law and motion calendar in Courtroom 20 before Judge Matthew P. Guasco starts promptly at 8:30 a.m. Ex parte applications will be heard at the same time as matters on the law and motion calendar. Parties appearing by Court Call must check in with the Judicial Assistant by 8:20 a.m. No notice of intent to appear is required. Parties wishing to submit on the tentative decision must so notify the Court by e‐mail at Courtroom20@ventur...

Excerpt: ...ays from the notice of this order. The Court notes from a review of its file for this action that all parties affected by this motion were given timely and proper notice. The Court has not received any response to this motion. CCP §387(b) allows a party who has an interest in a litigated action to intervene in that action, because “The purpose of the statute is to protect the interests of persons affected by a judgment, to obviate delay, and t...

Excerpt: ...erits evaluation required by Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4 th 116, 129. 1. Class Notice The parties have stipulated that notice period for class members to object or opt out of the settlement shall be 60 calendar days from the mailing of the class notice. The court has determined that this period of 60 days for class members to take action is reasonable and proper. The settlement agreement provides no claim form will be ...

Excerpt: ... Set Aside Notice of Settlement was given to the defendant. The Court has not received any response to this MSJ or this motion to vacate and set aside notice of settlement. Plaintiff's Request for Judicial Notice as to JN-1 and JN-2 is granted under Evidence Code §452(a). Plaintiff's MSJ arises out of defendant Jessi Mendez's default on a credit card obligation to plaintiff Discover Bank. Discover Bank's complaint pleads the common counts of ope...

Excerpt: ...ral Arbitration Act (9 USC §1 et seq.), as Defendant has presented evidence that the subject agreement qualifies as a written contract involving interstate commerce. Plaintiff has failed to demonstrate that the agreement is unenforceable due to unconscionability. The Court does find some measure of procedural unconscionability inherent in the mandatory nature of the agreement. In addition, the location of the arbitration provisions within the 70...

Excerpt: ... stolo The following is a statement of the court's tentative ruling. The court may adopt, modify or reject the tentative ruling after considering the parties' oral arguments. The tentative ruling will have no legal effect unless adopted by the court. No notice of intent to appear is required. If you wish to submit on the tentative decision, you may send a telefax to Judge Borrell's secretary, Denise Arreola, at 805‐477‐5894, stating that you ...

Excerpt: ...tion Procedures: The law and motion calendar in Courtroom 20 before Judge Matthew P. Guasco starts promptly at 8:30 a.m. Ex parte applications will be heard at the same time as matters on the law and motion calendar. Parties appearing by Court Call must check in with the Judicial Assistant by 8:20 a.m. No notice of intent to appear is required. Parties wishing to submit on the tentative decision must so notify the Court by e‐mail at Courtroom20...

Excerpt: ...December 17, 2016. In her complaint, plaintiff Carolyn Amster (“Plaintiff”) alleges that the lighting and walkways in the parking garage were defective and dangerous, resulting in her falling and injuring herself. She further contends that SPG, the owner of the Shopping Center, is responsible for the defects because SPG failed to inspect or properly maintain the garage. Plaintiff filed her complaint on June 7, 2017, asserting claims for (1) p...

Excerpt: ...ms from three underlying cases: (1) a marital dissolution case, Evgeniya Kulikova v. Sergey Firsov (Santa Clara County Superior Court, Case No. 18‐FL‐000341); (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). Berman, an attorney, represe...

Excerpt: ...intiff's hematologist/oncologist in June 2005. Plaintiff alleges that Dr. Wong 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 De...

Excerpt: ..., pursuant to a written agreement dated July 16, 2015 (the “Lease”), Cross‐Defendants leased a commercial real property located at 1566 South 7th Street in San Jose (the “Premises”) to Celebuddy for the purpose of operating a medical cannabis facility. (Complaint, ¶¶ 1, 4, Exhibits A and B.) Tran, the President of Celebuddy, signed a written Guaranty of the Lease on August 27, 2015 (the “Guaranty”). (Id., ¶ 5, Exhibit C.) On Sept...

Excerpt: ...iffs and Jagdip, who are siblings, as well as Kaur, Jagdip's wife, entered into an oral agreement to partner together to purchase an Arco consisting of a gas station and a workshop for automobile smog equipment inspection (“Arco”). (FAC, ¶ 11.) The agreement provided that: the parties would each pay $120,000 towards the purchase; Ranjit and Jagdip1 would secure a loan for $185,000 using their house as collateral; $55,000 would be borrowed fr...

Excerpt: ... posing a security risk by hosting traffic from fraudsters, hackers, and criminals, including a group of individuals (known as the KlikVip gang) who distributed malware. According to Luminati, TMI published the report despite being notified in advance of a number of inaccuracies in it. TMI has also harmed Luminati and business partner Hola by using the antivirus software it makes to block customers from installing and using Hola's VPN application...

Excerpt: ...the warranty period, the vehicle developed numerous defects including a cooling system defect. (Id. at ¶ 31.) Plaintiffs brought the vehicle in for service on several occasions, but GM has been unable to repair the cooling system. (Id. at ¶¶ 12, 13, 14, 15, 16.) Plaintiffs sought buyback and/or restitution, but GM declined. (Id. at ¶ 10.) As a result, Plaintiffs bring the FAC alleging causes of action for: (1) violation of Civil Code section ...

Excerpt: ...an working for Defendant, a merchant services company that primarily assists businesses in handling debit and credit card transactions, in April 2012 as a merchant sales specialist. (SAC, ¶ 18.) Plaintiff alleges that her salary was materially lower than the salaries of similarly‐situated male employees, with the latter making $55,000 to $65,000, and that she never received periodic and performance‐based salary increases as others did. (Id. ...

Excerpt: ... the arbitration agreement, even though Ford is not a signatory to the arbitration agreement. Because Ford is not a signatory to the arbitration agreement, the Court, and not an arbitrator, must decide whether Ford can compel Plaintiff to arbitration. “The question of whether a nonsignatory is a party to an arbitration agreement is one for the trial court in the first instance.” (American Builder's Assn. v. Au‐ Yang (1990) 226 Cal.App.3d 17...

Excerpt: ...dant Sean Webby conspired to steal a sign possessed by Plaintiff which expressed disapproval of the campaign to recall then‐judge Aaron Persky. (Complaint, ¶ 1.) Plaintiff further alleges that Defendant suppressed his free speech rights by “sending her minions to … shout him down at public events so that it was impossible for [him] to expose [Defendant]'s lies regarding Judge Persky,” caused several of his social media accounts to be sus...

Excerpt: ...CCP § 436 provides in relevant part, “The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted into any pleading.” A motion to strike is the appropriate remedy where it is alleged that there has been an improper supplemental expert disclosure. Fairfax v. Lords, 138 Ca1.App.45h 1019, 1027 (2006). (Interpreting ...

Excerpt: ...erved its verified response to plaintiffs' request for production of documents set one. In its response, NATC objected to "each and every request" contained in plaintiffs' request for production of documents, NATC further objected and responded specifically to requests numbers one through twelve stating that it would "produce its files for the orders that are the subject of Plaintiffs' Second Amended Compliant for which NA...