Excerpt: ...icensed mortgage broker, is the chief executive officer, chairman, and sole owner of First Capital Real Estate Investments, LLC (“FCREI”). (First Amended Complaint (“FAC”), ¶¶ 2 & 3.) FCREI is the majority owner and Singal is the managing partner of defendant First Capital Real Estate Advisors, LP (“FCREA”). (Id. at ¶ 4.) Additionally, FCREI has a subsidiary, FCREI Property. (Id. at ¶ 5.) Singal and his wife, Ladnier, are also tru...

Excerpt: ...ion for intentional torts stems 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...

Excerpt: ...lley Transportation Authority (the “VTA”) and William Welch (“Welch”) (collectively, “Defendants”). I. Background A. Factual This is an action for wrongful death and negligence. According to the allegations of the operative complaint (“Complaint”),5 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...

Excerpt: ... of City's municipal codes. (Complaint, ¶ 5.) An administrative hearing was held before City's Appeals Hearing Board (“Board”) and the Falcocchias were ordered to obtain City approval, including permits and inspections, for work done on their property. (Ibid.) The Board also assessed administrative costs and penalties including $750 per day until the date of compliance, up to a maximum of $100,000. (Ibid.) The Falcocchias failed to comply wi...

Excerpt: ...ll as the seventh causes of action in Plaintiff's complaint, giving Plaintiff 20 days to file an amended pleading. The parties now dispute the sufficiency of Plaintiff's first amended complaint (“FAC”). According to the allegations in the FAC, in January 2018, Plaintiff called Defendant to verify the patient's health benefits, including the rate of reimbursement for medical services provided by an out‐of‐network provider. (FAC, ¶¶ 25–...

Excerpt: ...cisco Pizza, Inc. (“San Francisco Pizza”) (collectively, “Plaintiffs”). I. Background A. Factual This action arises from a failed attempt to open a restaurant in a commercial condominium complex. According to the allegations of the TAC, Plaintiffs purchased a commercial condominium unit (“Unit 9015” or the “Unit”) in the Vietnam Town shopping center in San Jose with designs on operating a pizza restaurant. (TAC, ¶¶ 1, 12‐15, 1...

Excerpt: ...aintiff was riding his bicycle northbound on Middlefield Road near the 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 Diep (“Diep”) and Ching‐Pei Hu (“Hu”). (Id. at ¶¶ 4 & 8.) As a result of the accident, Plaintiff suffer...

Excerpt: ...tiff purchased the Vehicle from a person or entity engaged in the business of manufacturing, distributing, or selling consumer goods at retail.” (Ibid.) In connection with Plaintiff's purchase of the Vehicle, Defendant provided express written warranties by which it undertook to preserve or maintain the utility or performance of the Vehicle, or to provide compensation if there was failure of such performance. (Id. at ¶ 7.) During the warranty ...

Excerpt: ...negotiations to purchase real property owned by Phan and Vu (collectively, “Sellers”). (First Amended Complaint (“FAC”), ¶¶ 1, 2, & 9.) Defendant Hoa Truc Bui (“Bui”), a licensed real estate agent, and CR Realty & Mortgage Corporation (“CR”), a licensed real estate company, represented Nguyen. (Id. at ¶¶ 5, 6, & 11.) Huynh, a licensed real estate agent, and KW, a licensed real estate company, represented Sellers. (Id. at ¶¶ ...

Excerpt: ...ury action arising out of an incident at the Cole Haan store at the Great Mall in Milpitas. According to the allegations of the complaint, Plaintiff was squatting and trying on shoes when an unsecured shoe box dislodged by another customer fell from the top of a high shelf and struck her in the head and lower back, injuring her. Plaintiff filed the complaint on May 29, 2018, asserting claims for premises liability and general negligence against C...

Excerpt: ...ber and the general manager, retained Defendants to handle all of its accounting and tax matters. (Complaint, ¶ 15.) Plaintiff alleges that Defendants made certain reporting errors in the preparation of Del Medio's tax returns, resulting in its members, including Plaintiff, receiving distributions either in excess of or less than their percentage interest in the LLC. (Id., ¶ 25.) These distributions created disproportionate capital account bala...

Excerpt: ...�). I. Background A. Factual This action arises out of Plaintiffs' purchase of PC Recycle from Saifyan. On May 19, 2017, Connor and Fagundo made an offer to Saifyan to purchase the assets of PC Recycle for $1,539,718, which Saifyan accepted in writing on May 22, 2017 (the “Sales Agreement”). (Complaint, ¶¶ 11‐13, Exhibt A.) Connor and Fagundo formed FC to operate the business, which they have continued to operate under the fictitious name...

Excerpt: ...�), Plaintiffs make and sell bedwetting alarms. Their competitors, nonparties Malem Medical, Ltd. and Enuresis Associates, LLC, sued Plaintiffs in federal court, alleging Plaintiffs used deceptive marketing practices and misused intellectual property. Plaintiffs' insurer hired Defendants to represent them in the federal action. Among other issues2 , Plaintiffs disagreed with Defendants' legal strategy. In particular, Plaintiffs disagreed with Def...

Excerpt: ...is an action for breach of fiduciary 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 ...

Excerpt: ...as, Lusita Garcia and Mario Lagman entered into a written general partnership agreement (the “Agreement”) dated January 15, 1985, the purpose of which was “to engage for profit in the business of bakery and restaurant.” (FAC, ¶ 7.) Among other things, the Agreement provided that partners who devoted less than 20 hours per week to the business were not to receive any salary or compensation “until determined by the unanimous written agre...

Excerpt: ...e Complaint, Plaintiff is a medical services provider. When required, Plaintiff obtains approval from a patient's managed health care plan to perform medical services. Plaintiff provided a consultation to J.D., a patient insured under the defendants' health plan. On or about May 16, 2018, Plaintiff spoke with Anthem Blue Cross's client services representative named “Charlie M.,” to verify J.D.'s healthcare coverage. Plaintiff also spoke to �...

Excerpt: ...�Defendant” or “FusionStorm”) is a staffing company that matches professionals such as Plaintiff with companies in need of their services. (Complaint, ¶ 7.) In November 2015, Plaintiff and Defendant entered into a partially written and partially oral contract pursuant to which Plaintiff was to begin working with Gilead. (FAC, ¶ 8.) The contract provided that the term of employment was to be no less than 6 months, while Defendant represent...