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: ...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: ... 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: ...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: ... 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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ..., 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: ...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: ...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...

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: ...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: ...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: .... 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: ...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: ...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: ...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: ...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: ...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: .... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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...

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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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...

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...