Excerpt: ...nto a contract with Saavedra to lease real property located in San Jose (the “Property”). (Complaint, ¶ 6.) The lease had a retroactive start date of August 1, 2015, and contained an option to purchase the Property. (Id., ¶¶ 6‐ 7.) Pursuant to the terms of the option, Shyshka could purchase the property, if he chose to exercise the option, for $600,000. (Id.) In order to effectively exercise his option, Shyshka was required to deliver a ...

Excerpt: ...Complaint (“SAC”) for failure to state a claim. (Code Civ. Proc., § 430.10, subd. (e).) Plaintiff opposes Defendants' demurrer.11 As discussed below, the Court SUSTAINS the demurrer in part and OVERRULES it in part. I. ALLEGATIONS OF THE SAC According to the SAC, Maxar specializes in the manufacture of satellites and the provision of satellite‐related services. (SAC, ¶ 11.) Maxar's subsidiary Space Systems/Loral LLC (“SSL”), its relat...

Excerpt: ...UND A. Factual According to the allegations of the TAC, Cal‐Coast purchased a workers compensation and employers liability insurance policy (the “Policy”) from a predecessor to Castlepoint, Tower Select Insurance Company (“Tower”), in October 2012. (TAC, ¶ 10, Exhibit A.) A later audit performed by Tower revealed that the premium basis estimate provided by CalCoast was inaccurate, and that the actual audited total premium and fees for ...

Excerpt: ...s, Defendant issued to Plaintiff an Accountants Professional Liability Insurance Policy which provided coverage for acts, errors, and omissions in the rendering of accounting services. (Complaint, ¶ 6.) The policy issued for the period 1/18/17 to 1/18/18 (the “Policy”) provided, in part, that Defendant would pay “those sums that an Insured becomes legally obligated to pay as Damages because of a Claim which arises from an Insured's act, er...

Excerpt: ...worked for Defendant from August 2011 to January 17, 2019 as an hourly, non‐exempt employee. (Complaint, ¶ 7.) During this time, he and other California employees were provided with wage statements that failed to identify Northrop Grumman's legal name and address; failed to identify any applicable hourly rates of pay; and failed to state employees' total hours worked accurately when overtime was paid. (Id. at ¶ 19.) Based on these allegations...

Excerpt: ...l 1. Complaint This is a personal injury action arising out of a trip and fall. According to the allegations of the operative complaint (“Complaint”), on July 6, 2016, plaintiff Carole Adams (“Plaintiff”), a resident of the Cabernet Vineyards Homeowners Association (“Cabernet Vineyards”) community, tripped when she stepped on debris that had fallen from a nearby trees onto a walkway near the front of her residence. The trees were loca...

Excerpt: ...D A. Factual As alleged in the operative complaint, Houzz is based in Palo Alto and operates an online platform for home remodeling and design services. (First Amended Complaint (“FAC”), ¶¶ 5, 7.) Plaintiff Jesseca Bieger worked for Houzz in several nonexempt positions from September 2015 until November 2017. (Id., ¶ 4.) She worked primarily out of Defendant's offices in Orange County in positions including account coordinator, customer se...

Excerpt: ...fendant operates a health services business specializing in blood analysis. (First Amended Complaint, ¶ 9.) Plaintiff was employed by Defendant as a mobile phlebotomist from October 9, 2017 until she was terminated on November 8, 2017. (Id., ¶ 8.) She alleges that she and other phlebotomists were not provided with 30‐minute off‐duty meal periods for shifts over 5 hours and were not provided with 10‐ minute off‐duty rest periods for 3.5�...

Excerpt: ...fendants as an hourly, non‐exempt employee from August 26, 2016 through December 9, 2016. (First Amended Complaint, ¶ 21.) She and other employees regularly performed unpaid work after their scheduled time, working a great deal of overtime to meet company demands but being reprimanded if they recorded more than ten hours of overtime per pay period. (Id., ¶ 23.) In addition, Plaintiff and the putative class were paid a fixed salary regardless ...

Excerpt: ...sation and employers liability insurance policy (the “Policy”) from Plaintiff, the surviving corporation from a merger of various insurance companies, including Tower Select Insurance Company (“Tower”), in October 2012. (TAC, ¶ 10, Exhibit A.) A subsequent audit performed by Plaintiff on the effective policy period for the Policy revealed that the premium basis estimate provided by Defendant was inaccurate and that the actual audited tot...

Excerpt: ... things, arising out of the alleged failure to pay for legal services rendered. According to the allegations of the Complaint, Bomi, Peak Health and Joseph retained Plaintiff as its counsel in June 2018, as did defendant The Phyto Foundation (“Foundation”). (Complaint, ¶¶23, 24, 26, 28 and Exhibits A, B, D and F.) Barahona executed the agreement for legal services with Plaintiff on behalf of the Foundation. (Id., ¶ 28.) Peak Health retaine...

Excerpt: ... by Maria Elrod, causing her to suffer significant injuries. The vehicle driven by Maria was registered to defendant Roger Elrod. B. Procedural Plaintiffs filed the original complaint on December 23, 2019, naming Jane Doe, Roger Elrod, and Does 1‐20 as defendants. On July 27, 2020, Plaintiffs filed an amendment to the complaint substituting Maria for Jane Doe. 1 On October 6, 2020, Maria filed the instant demurrer to the amended complaint based...

Excerpt: ...ant sells home renovation and design products and services and does business throughout California, including in Santa Clara County. (Class Action Complaint, ¶ 4.) Plaintiff was employed by Houzz as a non‐exempt employee from August 10, 2015 through December 6, 2018. (Id. at ¶¶ 7–8.) She alleges that she and other putative class members were not paid at least the minimum wage for all hours worked; were not paid the correct rates for overti...

Excerpt: ...ant operates a hotel in Campbell, where Plaintiff was employed as a front desk clerk. (SAC, ¶¶ 2, 10.) Defendant failed to include shift premiums, bonuses, and other incentive pay in employees' overtime rates of pay, thereby failing to pay all wages owed. (Id., ¶ 31.) It also committed meal period violations including failing to provide timely meal breaks for shifts of longer than five hours and second meal periods for shifts of longer than te...

Excerpt: ...ort her demand. (Code Civ. Proc., § 430.10, subds. (a) and (e).) Plaintiff opposes the demurrer. As explained below, the Court OVERRULES Defendant's demurrer. I. BACKGROUND Plaintiff is a beneficial stockholder of defendant Align Technology, Inc. (“Align” or the “Company”), a Delaware corporation with principal executive offices in San Jose (Amended Complaint, ¶¶ 1, 8, 9.) On February 22, 2019, she sent a demand to the Company to exerc...

Excerpt: ...tion for civil conspiracy and fraud arising out of marital dissolution proceedings. According to the allegations of the Complaint, Plaintiff and Robert were married from August 5, 1985 to April 8, 2018. (Complaint, ¶ 13.) Robert and his attorney, Baugh, allegedly engaged in a civil conspiracy to “pervert or obstruct justice” in the aforementioned dissolution case (the “Dissolution Action”) in order to deprive Plaintiff of attorney's fees...

Excerpt: ...l allegedly caused by the flawed design of the sloped surface of the designated path he was riding on and the design of the bike itself. D. Procedural Plaintiff filed his Complaint on February 13, 2020, asserting claims for (1) general negligence, (2) premises liability and (3) products liability. On October 14, 2020, Truebeck filed the instant demurrer to the Complaint and each of the claims asserted therein on the grounds of failure to state fa...

Excerpt: ...gal services rendered. According to the allegations of the Complaint, Bomi, Peak Health and Joseph retained Plaintiff as its counsel in June 2018, as did defendant The Phyto Foundation (“Foundation”). (Complaint, ¶¶23, 24, 26, 28 and Exhibits A, B, D and F.) Barahona executed the agreement for legal services with Plaintiff on behalf of the Foundation. (Id., ¶ 28.) Peak Health retained Plaintiff to pursue claims alleging trademark infringem...

Excerpt: ... associated with a consumer credit account issued by Credit One Bank, N.A. (Class Action Complaint, ¶ 12.) Plaintiff denies that he owes any debt on this account. (Ibid.) On or about February 22, 2019, Credit One sold the alleged debt to Defendant for collection. (Id. at ¶ 14.) MCM sent Plaintiff an initial collection letter on February 25, 2019. (Complaint, ¶¶ 16–17.) Plaintiff alleges that the letter violated Civil Code section 1788.52, s...

Excerpt: ..., LLC dba City Sports Club. As explained below, the Court GRANTS Ageless's motion. I. BACKGROUND4 Plaintiff filed the original complaint in this action on August 2, 2016, alleging that he was injured when he fell into a hole in the ground on his Sunnyvale worksite on August 6, 2014. He named Fitness International among other defendants. Plaintiff asserts claims for general negligence and premises liability against the defendants. On October 28, 2...

Excerpt: ...rth in that order. Before the Court are Plaintiff's motions for final approval of the settlement and for approval of his attorney fees, costs, and service award. Plaintiff's motions are unopposed. I. LEGAL STANDARDS FOR CLASS ACTION SETTLEMENT APPROVAL Generally, “questions whether a [class action] settlement was fair and reasonable, whether notice to the class was adequate, whether certification of the class was proper, and whether the attorne...

Excerpt: ... are set forth in that order. Before the Court is Plaintiffs' motion for final approval of the settlement and for approval of their attorney fees, costs, and service awards. Plaintiffs' motion is unopposed. I. LEGAL STANDARDS FOR SETTLEMENT APPROVAL A. Class Action Generally, “questions whether a [class action] settlement was fair and reasonable, whether notice to the class was adequate, whether certification of the class was proper, and whethe...

Excerpt: ...using it to collide with a traffic pole located at the intersection of Tisch Way, Winchester Boulevard and Interstate‐280 in San Jose, which was owned and maintained by the City. (FAC, ¶¶ 8, 14.) The collision resulted in damage to the traffic pole in the amount of $19,567.53. (Id., ¶ 16.) Defendant was allegedly legally intoxicated when the collision occurred. (Id., ¶ 19.) D. Procedural Based on the foregoing, Plaintiff filed the FAC on Ju...

Excerpt: ...legations of the operative complaint (“Complaint”), on March 28, 2016, the City and Gradetech entered into a contract for the construction and completion of the Lake Cunningham Bike Park Construction Project (the “Project”). (Complaint, ¶¶ 8‐9, Exhibit A.) Gradetech received a Notice to Proceed from the City dated May 3, 2016 with an effective date of May 12, 2016, stating that the first day of the Project was to be May 23, 2016. (Id,...

Excerpt: ...s Defendants' motion. I. BACKGROUND A. Factual As alleged in the operative complaint, Plaintiff was hired by Defendants in July of 2015 as an hourly, non‐exempt California employee. (Class Action Complaint, ¶ 9.) He and other employees were scheduled for eight hour shifts each workday, but regularly worked more than twelve hours a day with their supervisors' knowledge and permission. (Id., ¶¶ 10, 12, 13.) At the same time, employees were onl...

Excerpt: ...sis of the settlement and settlement class are set forth in that order. Before the Court is plaintiff's motion for final approval of the settlement and for approval of his attorney fees, costs, and service award. Plaintiff's motion is unopposed. I. LEGAL STANDARDS FOR SETTLEMENT APPROVAL A. Class Action Generally, “questions whether a [class action] settlement was fair and reasonable, whether notice to the class was adequate, whether certificat...

Excerpt: ...arelis, individually (collectively, “Plaintiffs”). Vista also moves to strike portions contained therein. I. Background A. Factual This is an action for elder abuse and negligence arising out of the provision of care at various facilities. According to the allegations of the FAC, Manuel, who is mentally incapacitated due to severe brain damage, was a patient of defendant Stanford Health Care on numerous occasions from November 16, 2016 throug...

Excerpt: ...at CMS. Plaintiff now moves for preliminary approval of a settlement of the class and PAGA claims, which is unopposed. As explained below, the Court GRANTS preliminary approval of the class action settlement and GRANTS approval to the settlement of the PAGA claims. I. BACKGROUND A. Factual As alleged in the operative complaint, CMS provides construction products and services and maintains its corporate headquarters in Santa Clara County. (Complai...

Excerpt: ...wer and drain services, and water damage cleanup services to residential and commercial customers. (Complaint, ¶ 6.) Plaintiff has worked for Roto‐Rooter as a non‐ exempt service technician for over a decade, traveling to customer locations in defendant's vehicles to service its customers. (Ibid.) Defendant compensates technicians on either a flat‐rate or commission basis, based on the services they provide to customers. (Complaint, ¶ 8.)...

Excerpt: ... for the Federal Circuit rejected both asserted grounds for removal in a published opinion.1 First, it held removal was improper under title 28 United States Code section 1441 because—although some of plaintiff's evidence related to patents—plaintiff's claim for trade secret misappropriation did not necessarily depend on the resolution of a substantial question of federal patent law. (Intellisoft, Ltd. v. Acer America Corporation (Fed. Cir. 2...

Excerpt: ...ion “put her life in jeopardy.” B. Procedural Based on the foregoing allegations, Plaintiff filed the FAC on May 2, 2018, asserting a single claim for professional negligence. On July 31, 2020, Defendant filed the instant motion for summary judgment. Plaintiff opposes the motion. II. Defendant's Motion for Summary Judgment A. Burden of Proof “A defendant seeking summary judgment [or adjudication] must show that at least one element of the p...

Excerpt: ... caused Plaintiff to suffer injuries on the seesaw, which was purportedly structurally unsafe and knowingly designed by Defendants to reach a top height that did not comply with safety guidelines. In the First Amended Complaint (“FAC”) Plaintiff asserted claims for negligence, intentional tort and premises liability, and requested punitive damages. In January 2020, Defendants demurred to the “cause of action” for exemplary damages or, in ...

Excerpt: ... on November 11, 2017, McMichael was driving a KMA ambulance in a negligent manner, causing it to collide with Plaintiff's vehicle, resulting in injuries to her. F. Procedural Based on the foregoing, the Complaint3 was filed on November 6, 2019, asserting a single claim for motor vehicle negligence. On August 14, 2020, Defendants filed the instant motion for summary judgment. Plaintiff opposes the motion. VII. Defendants' Motion for Summary Judgm...

Excerpt: ... and CR Realty & Mortgage Corporation (“CR”), a licensed real estate company, represented Plaintiff. (Id., ¶ 9.) Sellers were represented by Alan Huynh and KW Silicon City (“Sellers' Agents”). (Id., ¶ 9.) Escrow ultimate closed on October 8, 2015, with Plaintiff purchasing the Property for $1.4 million. (Id. and Exhibit A.) Prior to close of escrow, Plaintiff visited the Property and noticed the basketball court located in the backyard ...

Excerpt: ...ealty & Mortgage Corporation (“CR”), a licensed real estate company, represented Plaintiff. (Id., ¶ 9.) Sellers were represented by Alan Huynh and KW Silicon City (“Sellers' Agents”). (Id., ¶ 9.) Escrow ultimate closed on October 8, 2015, with Plaintiff purchasing the Property for $1.4 million. (Id. and Exhibit A.) Prior to close of escrow, Plaintiff visited the Property and noticed the basketball court located in the backyard had becom...

Excerpt: ...vens was controlling/operating/maintaining the intersection at Great American Parkway and Tasman Drive in Santa Clara. The FAC alleges that Officer Havens performed his duties in a negligent manner, resulting in a collision between Plaintiff's vehicle and a vehicle operated by defendant Peter Lishnerness (“Lishenerness”). (FAC, ¶ 32.) Plaintiff was injured in the collision. B. Procedural Based on the foregoing, Plaintiff filed the Complaint ...

Excerpt: ...laintiff purchased a 2016 Mazda CX5 (the “Vehicle”) by entering into a Retail Installment Contract (“RISC”) whereby Plaintiff agreed to make a ten percent down payment while financing the remainder of the Vehicle's purchase. (Complaint, at 5:12‐ 13.) Plaintiff alleges that on February 10, 2020, he parked the Vehicle in front of a friend's house located at 439 San Pablo Avenue in Sunnyvale because he was traveling to Honduras for his hon...

Excerpt: ...way held itself out as the only entity providing broadcast multicast technology and indicated that it was looking for contract partners with which to exploit media markets. (Id.) In the fall of 2014, CW Moon (Samjungcast's chief executive officer) and Moon‐Ki Jeong (“Jeong”) (who held himself out as the “local CEO” of Expway) held a series of meetings and discussions. (FAC, ¶ 9.) These meetings concerned Jeong's representations that he...

Excerpt: ...the allegations of the Complaint, in December 1972, various individuals conveyed the Property to John Langton, Jr. (“John”) and Sara, his wife, and their son, Phillip Sydney Langton (“Phillip”), a single man, all as joint tenants via an Individual Joint Tenancy. (Complaint, ¶ 12, Exhibit B.) In February 1990, Sara and John, as joint tenants, conveyed their interest in the Property to themselves as community property through an interspous...

Excerpt: ...cifically a four‐year/50,000 mile bumper‐to‐bumper warranty, and a four‐year/50,000 mile power train warranty. (Id., ¶ 9.) During the warranty period, the Vehicle contained or developed numerous defects. (Id., ¶ 10.) Defendants have been unable to service or repair the car to conform to the warranties, and have failed to comply with their statutory obligation to replace the Vehicle or make restitution. (Id., ¶ 60.) Plaintiff alleges th...

Excerpt: ...his medication “put her life in jeopardy.” F. Procedural Based on the foregoing allegations, Plaintiff filed the FAC on May 2, 2018, asserting a single claim for professional negligence. On July 31, 2020, Defendant filed the instant motion for summary judgment. Plaintiff opposes the motion. VIII. Defendant's Motion for Summary Judgment A. Burden of Proof “A defendant seeking summary judgment [or adjudication] must show that at least one ele...

Excerpt: ...nd CR Realty & Mortgage Corporation (“CR”), a licensed real estate company, represented Plaintiff. (Id., ¶ 9.) Sellers were represented by Alan Huynh and KW Silicon City (“Sellers' Agents”). (Id., ¶ 9.) Escrow ultimate closed on October 8, 2015, with Plaintiff purchasing the Property for $1.4 million. (Id. and Exhibit A.) Prior to close of escrow, Plaintiff visited the Property and noticed the basketball court located in the backyard ha...

Excerpt: ...fraud, based on allegations that the defendants conspired in a scheme to cheat their clients in order to evade millions of dollars in taxable income to their client John R. Sandell (“Sandell”). According to the allegations of the operative SAC, plaintiff Del Medio Associates IV, LLC (“Del Medio”) was formed as a general partnership in 1976 for the purpose of investing in real estate, and is primarily owned by members of Plaintiffs' extend...

Excerpt: ... action for medical malpractice. According to the allegations of the SAC, at all relevant times, Plaintiffs lived together as husband and wife and were expecting their first child. (SAC, ¶ 4.) Defendants “entered into patient physician/health care provider relationships” with Duenas “for her care and for the care and delivery of her baby.” (Id., ¶¶ 5‐ 7.) On August 13, 2018, Duenas, then 41 weeks pregnant, came to Valley Health Care ...

Excerpt: .... He alleges the website of Star One is inaccessible to him because there are empty links, redundant links, and missing form labels that prevent the website from being properly rendered by his screen reader. Plaintiff is a member of Orange County's Credit Union, a credit union in a shared branch network with Defendant, and was unable to find an ATM with Defendant's locations webpage because of defects in its design. In the first amended complaint...

Excerpt: ...rior to June 1, 2012 to November 6, 2019, Bruce (“Bruce”) and Christine (“Christine”) Smith owned the real property located at 2235 Denise Drive in Santa Clara (the “Property”). (Complaint, ¶¶ 13‐14 and Exhibit 1.) On June 1, 2012, Plaintiffs obtained various Orders of Restitution and Abstract of Judgment (the “Restitution Orders”) against Bruce and others and recorded those order with the Santa Clara County Recorder's Office ...

Excerpt: ...reholder for Apollo, which owns and operates an adult day program in San Jose. (SAC, ¶¶ 2‐3.) Defendant Patrick Laurel is Mary Ann's son, and defendant Aileen Laurel is Patrick's wife and Mary Ann's daughter‐in‐law. (Id., ¶¶ 4‐5.) All three defendants have each held management positions at Apollo. (SAC, ¶¶ 4‐6.) Defendants have failed to account to Mary Ann for the profits earned by Apollo; have prevented her from receiving a sala...

Excerpt: ... “UCL”). Both Plaintiffs are in the business of semi‐conductor/miscellaneous electronic equipment and parts, refurbishment and repair. (FAC, ¶¶ 1‐2.) New Tec possesses one of the largest inventories of legacy electronic equipment parts, acquired over years with permission from sought after Original Equipment Manufacturers of semiconductor/miscellaneous equipment and parts. (Id., ¶ 16.) Rowenn has invested time and money in the identifi...

Excerpt: ...nt, Plaintiffs are the owners of a property located at 670 E. Duane Ave in Sunnyvale (the “Property”). (Complaint, ¶ 11.) On October 9, 2018, Plaintiffs took out a loan with Defendant in the amount of $975,000 secured by a deed of trust on the Property. (Id., ¶ 12.) During the initiation of the process to obtain the loan, Plaintiffs requested a five‐year term but were informed by Defendant, through its employee Zoe Hamilton (“Hamilton�...

Excerpt: ...tius Azzarello (“Azzarello”) purchased three commercial properties in San Jose as equal joint partners approximately 50 years ago. (Complaint, ¶ 2.) At that time, they also opened a joint business checking account. (Id.) Jerkovich's father passed away in February 2013, leaving her as 50% owner of the property and joint business checking account. (Id.) In early 2014, Jerkovich requested that Azzarello remove her father's name from the joint c...

Excerpt: ...(the “Property”). According to the allegations of the underlying complaint, on August 25, 2017, Defendant/cross‐complainant Sara Ruth Langton (“Sara”),2 as surviving trustee of The John and Sara Langton Jr. 1996 Living Trust (the “Langton Trust”), sold the Property to Plaintiffs. (Complaint, ¶¶ 3, 10.) Sara executed a grant deed transferring her interest in the Property to Plaintiffs for valuable consideration. (Id., ¶ 11, Exhibi...

Excerpt: ...ed onto her, scratching a blister on her toe. This ultimately led to an infection and the amputation of her toe. Defendant is alleged to have negligently owned, maintained, managed, and operated the Property by failing to supervise the subject dog. D. Procedural Plaintiff filed the Complaint on April 9, 2018, asserting claims for (1) general negligence and (2) premises liability. On June 22, 2020, Defendant filed the instant motion for summary ju...

Excerpt: ...aint, Plaintiff had an appendectomy in December 2016. One month later, she began experiencing severe pain and gastrointestinal distress. To address her symptoms, she underwent another procedure at the end of January 2017. During this follow‐up procedure, the surgeon discovered an adhesion in her small intestine caused by a surgical staple. Plaintiff alleges the defendants caused her to suffer this additional injury because they failed to exerci...

Excerpt: ...the operative complaint (“Complaint”), Plaintiff and Defendant entered into a written consulting agreement (the “Agreement”) on April 1, 2015, pursuant to which Plaintiff was to provide services in connection with a sales agreement executed between Defendant and the Santa Clara Valley Water District (“SCVWD”) for the purchase, by the former, of approximately four acres of land owned by the latter. (See Complaint, Exhibit A.) Under the...

Excerpt: ...derlying complaint (“Complaint”), a credit card was issued to Fisher by Synchrony Bank FKA GE Capital Retail Bank. (Complaint, ¶ 6.) Fisher used the credit card to make purchases and accrued a balance on the card. (Id.) He ultimately defaulted on the required payments, leaving an unpaid balance of $5,939.40. (Id., ¶ 8.) Fisher made his last payment on the account on February 14, 2017. (Id., ¶ 9.) CCS was subsequently assigned and transferr...

Excerpt: ...en owners Paul and Toni Liccardo to purchase the Property for $2,695,000. Plaintiff alleges an unspecified grant deed described three constituent parcels, namely an easement, a portion of Wood Road, and another parcel that was the “substance of the property conveyed.” (SAC, ¶ 11.) Plaintiff and RADE planned to renovate and resell the Property within 18 months of purchase with Plaintiff financing the renovation. (SAC, ¶ 13.) As planned, RADE...

Excerpt: ... and fell when he stepped in a hole in the ground at Sahara Mobile Village in Mountain View (the “Premises”), causing him to suffer injuries. The subject hole surrounded a plumbing pipe installed by Discount in between Plaintiff's mobile home and that of his neighbor Maria Martinez. B. Procedural Based on the foregoing, Plaintiff filed the Complaint on January 5, 2017, asserting claims for (1) premises liability and (2) general negligence. On...

Excerpt: ...e July 3, 2017. (Complaint, ¶ 7.) On October 4, 2019, Plaintiff complained to his warehouse supervisor and the quality inspection supervisor about fumes he observed in the warehouse, both visually and by smell. (Id., ¶ 8.) Specifically, Plaintiff complained that the hot melt machine in the warehouse was creating dangerous fumes that were not being properly ventilated. (Id.) Plaintiff asked his supervisors how it could be fixed, but instead of m...

Excerpt: ... According to the allegations of the operative First Amended Complaint (“FAC”), in April 2017, CrossComplainants and defendants Nathan Van and Huong Le aka Nancy Le (collectively, “Defendants”) held themselves out to Nguyen as registered franchisors of Blackball Taiwanese dessert restaurants in California. (FAC, ¶ 10.) They further represented to her that they had the right to act as a franchisor and that Nguyen would have exclusive righ...

Excerpt: ...rly Plaintiffs' investment in an EB5 visa program intended to provide them permanent residence status in the U.S. in exchange for financing a business in the country. According to the allegations of the Complaint, in 2012 Plaintiffs, who were Canadian citizens, were interested in becoming permanent residents of the U.S. (Complaint, ¶ 32.) One manner of doing so was through the U.S. Citizenship and Immigration Services (“USCIS”) Investor Pilo...

Excerpt: ...thority, Inc. for: (1) breach of contract; (2) common count; and (3) fraud. Before the Court is Xie's demurrer to the entire complaint on the ground of uncertainty and to the first, second, and third causes of action on the ground of failure to state facts sufficient to constitute a cause of action. (Code Civ. Proc., § 430.10, subds. (e), (f).) II. Demurrer In general, “a complaint must contain ‘[a] statement of the facts constituting the ca...

Excerpt: ... of his family and it was agreed that his eldest sibling, Sze, and his sister, Shirley, would be Plaintiff's attorneys‐in‐fact and manage his personal and financial affairs due to his health issues. (Id.) Because of Shirley's proficiency in English, it was agreed that that she would manage a rental property (a duplex in Santa Clara) owned by Plaintiff (the “Property”). (Id.) It was further agreed that Shirley would become a representative...

Excerpt: ...tion of emotional distress. In the third cause of action in particular, Plaintiff makes the following allegations about the collision. Plaintiff alleges she was driving in the center lane on southbound Highway 101 at a rate of approximately 65 mph when Defendant began engaging in aggressive conduct attributable to road rage. Defendant began tailgating Plaintiff, leaving only a few feet of following distance, before he abruptly changed lanes, pass...

Excerpt: ...pany headquartered in San Jose. (FAC, ¶ 10.) Plaintiff was hired in November 2013 and over the course of the next six years held various positions in the company until he was terminated in December 2019. (Id., ¶ 11.) He alleges that Defendant wrongfully demanded that he not discuss concerns about his compensation with other employees on the grounds that doing so would be in violation of company policy. (Id., ¶ 15.) On June 25, 2019, Defendant ...

Excerpt: ...d and fell when he stepped in a hole in the ground at Sahara Mobile Village in Mountain View (the “Premises”), causing him to suffer injuries. The subject hole surrounded a plumbing pipe installed by Discount in between Plaintiff's mobile home and that of his neighbor Maria Martinez. D. Procedural Based on the foregoing, Plaintiff filed the Complaint on January 5, 2017, asserting claims for (1) premises liability and (2) general negligence. O...

Excerpt: ...mpanies, ZoomInfo and Bombora signed a contract in 2014. Under this contract, ZoomInfo bought Bombora's data product (“Company Surge®”) and included this product in its offerings available for purchase by ZoomInfo customers. This contractual relationship lasted through early 2020. The last version of the parties' contract was the Restated License Agreement (“RLA”). The RLA was set to end on February 1, 2020, but the parties extended it t...

Excerpt: ...emises”) from December 15, 2015 to March 8, 2019. (Complaint, ¶ 1.) Plaintiff alleges that the Premises suffered from many defects and conditions and she notified defendants, including property manager Mynd, of the same. (Id., ¶¶ 13‐16.) However, the defendants refused and failed to adequately address her concerns or did so in a “negligent, unprofessional, and shoddy fashion.” (Id., ¶ 14.) She further alleges that, among other things,...

Excerpt: ...ended to provide them permanent residence status in the U.S. in exchange for financing a business in the country. According to the allegations of the Complaint, in 2012 Plaintiffs, who were Canadian citizens, were interested in becoming permanent residents of the U.S. (Complaint, ¶ 32.) One manner of doing so was through the U.S. Citizenship and Immigration Services (“USCIS”) Investor Pilot Program, commonly referred to the as the EB‐5 vis...

Excerpt: ...of section 473(b); and b) under the “discretionary” prong of section 473(b). Defendants seek relief under the discretionary prong, so the Court focuses on that prong. Under that prong, a moving party's application for relief under section 473(b) must be made “within a reasonable time, in no case exceeding six months, after the judgment, dismissal, or proceeding was taken.” (§ 473(b).) The trial court then has discretion to excuse the def...

Excerpt: ...an (“Hoffman”) and Professional Association Services, Inc.'s (“PAS”) demurrer to the FACC and motion to strike portions contained therein; (3) cross‐defendants Richard P. Riley (“Riley”) and Riley Pasek Canty LLP's (“RPC”) demurrer to the FACC and motion to strike portions contained therein; and (4) cross‐ defendants Posard Broek + Associates (“Posard”), Adam Posard, Onne Broek, John Drake and Lynn Htut's (collectively, �...

Excerpt: ...ehicle”) which was manufactured, distributed, or sold by Defendants. (Complaint, ¶ 7.) In connection with the purchase, Plaintiff received an express written warranty pursuant to which Defendants undertook to preserve or maintain the utility or performance of the Vehicle or to provide compensation if there was a failure in utility or performance for a specified period of time. (Id., ¶ 8.) During the warranty period, the Vehicle contained or d...

Excerpt: ...participating provider” who had no preferred provider contracts or other such standing, written contract with Defendant setting their rates of pay for services rendered, prior to when medical services were provided to covered patients. (Id., ¶ 9.) When a medical provider such as Plaintiff does not have a written agreement with a health plan, the common industry practice is for the out‐ofnetwork provider to obtain a separate oral promise and ...

Excerpt: ...rsonal injuries arising out of a trip and fall. According to the allegations of the complaint (“Complaint”), on January 24, 2018, Plaintiff tripped and fell because of a broken, uneven and unlevel public sidewalk in front of 539 Carver Street in San Jose (the “Property”) and suffered injuries as a result. The Property is owned by Defendants, who allegedly failed to maintain the condition of the adjacent sidewalk as was their obligation to...

Excerpt: ... Give Life, Save Life Foundation), which is broadcast by defendant Poor Peoples' Radio, Inc. via its station KPOO. During Crawford's radio show, he discussed his relationship with Plaintiff and her personal information with defendant Loma Kaye Flowers, a licensed psychiatrist who occasionally appears on Crawford's show and who counseled Plaintiff and Crawford as a couple earlier in their relationship.5 Plaintiff asserts causes of action against t...

Excerpt: ...tory relief, among other things, arising out of the relationship between SCSA, which owns Levi's Stadium (the “Stadium”), and StadCo, which leases the Stadium from SCSA as the home of the San Francisco 49ers professional football team (the “49ers”). Stadium Manager manages and operates the Stadium and thus serves both SCSA and StadCo. According to the allegations of the operative FACC, on March 28, 2012, SCSA, as landlord, and StadCo, as ...

Excerpt: ...ns of the SAC, Plaintiff attended the San Jose Sharks season opening hockey game against the Philadelphia Flyers on October 4, 2017. (SAC, ¶¶ 1 15.) Plaintiff alleges that a contingent of Flyers fans in his section were unruly and rowdy, resulting in taunting between fans and beer being thrown. (Id., ¶¶ 16, 17.) Plaintiff further alleges that the Flyers fans shouted profanities at him and other Sharks fans, and that one particular Flyers fan,...

Excerpt: ...the underlying complaint (“Complaint”), on November 16, 2011, plaintiff Beth Gray (“Gray” or “Plaintiff”) was seriously injured when she slipped and fell on the stairs leading to her room at the JRC. Plaintiff alleges that the stairs, which were wet when she fell and were made of a smooth stone material that became slick when wet, lacked “friction strips” and only had a handrail on one side. She further alleges that the lighting w...

Excerpt: ... company specializing in the contract manufacture of printed circuit boards used in electronic devices and their components. (Complaint, ¶¶ 11, 12.) At the time of formation, Malek was the sole shareholder. (Id., ¶ 13.) In January 2017, Malek agreed to transfer 15% of iTronix to Ma. (Id.) In 2012, Ma joined iTronix as an officer, and has officially been the company's CEO from 2017 through at least December 2019. (Complaint, ¶ 14.) At all rele...

Excerpt: ... cause of action in the same pleading. I. Background A. Factual 1. The Complaint This action involves claims arising out of a dispute over the ownership of a piece of real property located at 733 Hathaway Court in San Jose (the “Property”). (Complaint, ¶ 1.) According to the allegations of the underlying complaint (“Complaint”), in 2006, Liliana1 and Ramos entered into a personal relationship which concluded in 2018. (Id., ¶ 7.) During ...

Excerpt: ...ion case against her former employer. (Complaint, at 1.) Plaintiff subsequently filed a complaint with the State Bar against Hilton for the mishandling of her case. (Id.) Ultimately, after stipulating to misconduct in various cases in proceedings before the State Bar Court, including Plaintiff's, Hilton was suspended from the practice of law. (The State Bar's Request for Judicial Notice (“RJN”), Exhibits 2 and 3.) Plaintiff alleges that an in...

Excerpt: ...ined Daily and her firm, the Daily Law Firm (the “Daily Firm”), to represent him in the dissolution proceedings, while Plaintiff was self‐ represented. (Complaint, ¶¶ 9, 10.) Daily is a certified specialist in family law pursuant to the California State Bar Board of Legal Specialization. (Id., ¶ 11.) This certification, and applicable case law, are alleged to confer upon her a heightened standard of care. (Id.) By court order, Loaiza was...

Excerpt: ... a motor vehicle accident. According to the allegations of the operative complaint (“Complaint”), on March 23, 2018, decedent Wei Lun Huang (“Walter”) was driving his Tesla Model X south on Highway 101 in Mountain View. (Complaint, ¶ 23.) As the vehicle approached the Highway 101/Highway 85 interchange, Walter was using its autopilot features, which included “traffic‐aware cruise control” and “autosteer lane‐keeping assistance....

Excerpt: ...or distributed by KMA. (FAC, ¶ 9.) In connection with the purchase, Plaintiff received an express written warranty including a 5‐year/60,000 mile express bumper‐to‐bumper warranty and a 10‐year/120,000 mile powertrain warranty which, among other things, covers the engine and transmission. (Id., ¶ 10.) Defendant subsequently provided a 10‐year/12,000 mile warranty extension for various engines, including the engine contained in the Veh...

Excerpt: ...llegations of the FAC, Plaintiff brought her cat to VCA on October 17, 2018, in order to be evaluated for a kidney stone. (FAC, ¶ 15.) Initially, Dr. Sung's physical exam indicated that Kitty's gait and musculoskeletal structure were normal. (Id., ¶ 16.) Several hours later, Kitty underwent sedation for x‐rays and further examination. (Id., ¶ 17.) The x‐ray report indicated that the cat had a femur fracture, an injury unknown to Plaintiff....

Excerpt: ...er, $3,065.28 remains unpaid on the account, despite Plaintiff's demand. Consequently, on June 17, 2019, Plaintiff filed the Complaint asserting common counts for an open book account and account stated. On February 20, 2020, Plaintiff filed the instant motion for summary judgment, or in the alternative, summary adjudication. Defendant opposes the motion. II. Plaintiff's Request for Judicial Notice In support of its motion for summary judgment/ad...

Excerpt: ...and. According to the allegations of the Complaint, Defendant is a California community college district located in San Jose, encompassing more than 300 square miles of land. (Complaint, ¶ 10.) Republic is a property developer who currently owns or controls over 2,300 multi‐family units in San Jose and on the Peninsula. (Id., ¶ 15.) On March 30, 2018, the District and Plaintiff entered into a written Excusive Negotiation Agreement (“ENA”)...

Excerpt: ...rly 2014, defendant Pixel Mags, Inc. (“Pixel Mags”), a digital content distribution company, was in need of capital and contacted Plaintiff for a loan. (Id., ¶¶ 19‐20.) On February 14, 2014, Pixel Mags and Plaintiff came into agreement on terms and entered into various written agreements pursuant to which Plaintiff promised to loan Pixel Mags up to approximately $750,000 upon request, subject to certain terms and conditions. (Id., ¶ 20, ...

Excerpt: ...ld through a dealership. ABS alleges that Abdo and the other defendants breached their agreements with ABS by failing to pay for titles to numerous vehicles in their possession and made false representations regarding their intention to make such payments so as to induce ABS to grant them possession of those vehicles. B. Procedural ABS initiated this action in August 2017 in Orange County. It was subsequently transferred to this Court in July 201...

Excerpt: ...plaint (“Complaint”), on July 28, 2003, Anna1 received sole ownership interest via grant deed in the property located at 4682 Burke Drive in Santa Clara (the “Property”). (Complaint, ¶ 7, Exhibit A.) In 2005, the then‐ underlying mortgage secured by the Property went into default. (Id., ¶ 8.) On December 19, 2005, Anna transferred 50% of her ownership interest to her son, Rob Muro (“Rob”), via grant deed, who took title as a joint...

Excerpt: ...mplaint, Plaintiffs lease a home at 3452 Jarvis Avenue in San Jose from Defendants. (Complaint, ¶¶ 2, 3, 4, 5.) Plaintiffs entered into the lease agreement in 2009, and as soon as 2010, they noticed mold in the house that was not previously disclosed to them, but was visible in several rooms. (Id. at ¶ 17.) They paid for a basic inspection of the home, which confirmed mold but upon providing the report to Defendants, Defendants refused to pay ...

Excerpt: ...on arises out of a business dispute between Defendants and 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 inves...

Excerpt: ... a residential property located in Cupertino (the “Property”), having all taken title to the Property via a grant deed dated May 10, 2010. (Complaint, ¶¶ 2, 3, 8.) Plaintiffs have agreed between themselves to a partition of the Property by sale and demanded on March 4, 2019, that Defendant cooperate in said partition. (Complaint, ¶ 7.) However, Defendant has at all times failed and refused to respond to Plaintiffs' demand and has allegedly...

Excerpt: ...endant Omkar Rocklin Inc. (the “Corporation”) was organized in 2010 for the purpose of acquiring a hotel in Rocklin, California (the “Hotel”). (FAC, ¶ 7.) Shah became aware of an opportunity to purchase the Hotel in a bankruptcy proceeding and brought it to the attention of Desai and several others, including Defendants. (Id., ¶ 11.) After investigating the opportunity further, Plaintiffs, Mehta and Sanjiv Bhanot (“Bhanot”) (collect...

Excerpt: ...g/operating/maintaining the intersection at Great America Parkway and Tasman Drive in Santa Clara, Havens performed his duties in a negligent manner, resulting in a collision between Plaintiff's vehicle and a vehicle operated by defendant Peter Lishnerness. (Complaint, ¶ 29.) Plaintiff was injured in the collision. B. Procedural Based on the foregoing, Plaintiff filed the Complaint on October 21, 2019, asserting claims for: (1) negligent operati...

Excerpt: ...ff, an individual with musculoskeletal and neurological system conditions which qualify as disabilities under the Americans with Disabilities Act (the “ADA”). (Complaint, ¶ 14.) According to the allegations of the Complaint, on July 28, 2019, Plaintiff visited Defendant's website to view the accessible features in its hotel guest rooms. (Id., ¶ 22.) Plaintiff desired to visit a hotel in the Cupertino area, which he planned to visit on Septe...

Excerpt: ...tual This is an action for products liability and fraud arising out of the provision of a massproduced memory chip manufactured by Micron to Plaintiffs. According to the allegations of the FAC, Plaintiffs design, manufacture and sell network technology equipment, including switches, which connect devices. (FAC, ¶¶ 1, 20.) Over the years, Plaintiffs have spent considerable sums on component parts manufactured by Micron, including synchronous dyn...

Excerpt: ..., in 2010, Plaintiff purchased a 2011 Volvo XC60. The purchase included express written warranties: a fouryear/50,000 mile bumper‐to‐bumper warranty, and a four‐year/50,000 mile power train warranty. (FAC, ¶ 10.) During the warranty period, the car contained or developed numerous defects. (Id. at ¶ 11.) Defendants have been unable to service or repair the car to conform to the warranties, and have failed to comply with their statutory obl...

Excerpt: ...mplaint”), plaintiff Robert Lee (“Robert”) and his family were renting a villa in Mexico in November 2017 for vacation. (Complaint, ¶ 14.) The rental of the villa, which is owned by defendants David Kulber and Carole Kulber (the “Kulbers”), is managed and facilitated by HomeAway. (Id.) The lease of the villa was all‐inclusive, which involved the use of golf carts located in the villa's garage. (Id.) Robert's4 wife, Ling‐Yin Chen Le...

Excerpt: ...he loaned Group One $200,000, which was to be repaid through six, equal, monthly installments of $33,333.33. As for interest on the loan, the promissory note attached to the pleading states “interest [is] payable on the unpaid principal at the rate of 1.50 percent per month, calculated monthly not in advance.” (FAC, Ex. A.) But also, the promissory note states and Castillo alleges that Group One had to make a $3,000 interest payment on the 25...

Excerpt: ...”). Patrick Laurel is Mary Ann's son, and Aileen Laurel is her daughter‐in‐law. According to the allegations of the first amended complaint (“FAC”), Mary Ann is the sole shareholder for Apollo (FAC, ¶ 3.) Defendants have each held management positions at Apollo. (Id. at ¶¶ 4, 5, 6.) Defendants have failed to account to Mary Ann for the profits earned by Apollo, have prevented her from receiving a salary, dividends or profit, and have...