Excerpt: ...the placement and installation of boilers, HVAC components, and other equipment, at a condominium development in violation of minimum building standards. Plaintiff claims these defects and violations have negatively affected their health, use, and enjoyment of their property. Plaintiffs filed a petition to arbitrate their claims against Los Altos8 Owner, LLC (Los Altos8) the developer of the project. The instant action is against First Street is ...

Excerpt: ...edecessor in interest, for the residential property located at 1315 San Domar Drive in Mountain View (the “Property”). Monthly rent was set at $3,500. At some unspecified point in time, Plaintiff became the owner of the Property and, on April 1, 2019, monthly rent was increased to $3,641. Defendants were later served with a 60‐day notice to quit (the “Notice”), which was posted on the Property on August 12, 2020. The period stated in th...

Excerpt: ...to be heard on 12/7/22 and 12/9/21, but were ordered to an informal discovery conference, along with a number of other discovery disputes. The parties, working with Judge Carol Overton, asked the Court to continue all of their discovery disputes over the ensuing year they continued productive meet and confer efforts. On 12/19/22 the parties entered into a stipulation regarding further discovery responses. The parties advised the Court that they r...

Excerpt: ...here her job duties and responsibilities included making ice cream with and cleaning the LB502 DGT, a batch freezer manufactured by Ali Holding S.r.l. and its wholly‐owned subsidiaries, defendants Carpigiani North America (“Carpigiani”) and Ali Group North America (“Ali Group”), and distributed by JTB. (Complaint, ¶¶ 6‐7, 17.) Plaintiff alleges that she suffered serious injuries to her left hand as the result of defects in the subje...

Excerpt: ...bjects that the subpoenas are overbroad and seek private medical information regarding conditions that are not at issue in this case. Defendant opposes the motion but agrees to modify the subpoenas. DISCUSSION A. Legal Standard Code of Civil Procedure sections 1985.3, subd. (g), 1985.6, subd. (f)(1), and 1987.1 authorize a party to bring a motion to “quash a subpoena entirely, modify it, or direct compliance with it upon such terms or condition...

Excerpt: ... Plaintiffs and defendant Jagdeep Sidhu (“Jagdeep”), who are siblings, as well as Kaur, Jagdeep'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”). (4AC, ¶ 13.) The agreement provided that: the parties would each pay $120,000 towards the purchase; Ranjit and Jagdeep1 would secure a loan for $185,000 using their house a...

Excerpt: ...sole member, Director, CEO, President, Secretary, and Treasurer of a management entity called Healthcare Integrity, LLC (“HCI”). (Ibid.) The FAC alleges, upon information and belief, that HCI became Rehoboth's manager pursuant to the terms of a management agreement dated September 1, 2016 (“HCI Management Agreement”), but there was no final sign off by the Board of Trustees (the “Board”). (Ibid.) Conejo intentionally, purposefully, an...

Excerpt: ...nts. Gottesman filed notices of lien in the instant action and served all parties and their counsel. Thereafter Plaintiff accepted settlement from YMCA and YMCA disbursed funds to Plaintiff and her counsel Gregory G. Paul (Paul) without including Gottesman as payees on the settlement draft. YMCA's settlement required Plaintiff to satisfy any liens and to hold YMCA harmless from any lien claims. Gottesman seeks satisfaction of the liens from Plain...

Excerpt: ... the complaint (“Complaint”), on March 10, 2019, plaintiff Paublo Chavarria (“Plaintiff”) tripped and fell on an unmarked, unused and unconnected ground rod located at the defendants' property, causing him to suffer severe injuries to his left shoulder. 2. Equity's Cross‐Complaint Per the allegations of the Cross‐Complaint, the property on which the subject incident took place, the Morgan Hill Preserve located at 12895 Uvas Road in Mo...

Excerpt: ...entional spoliation of evidence or misusing the discovery process. DISCUSSION A. Legal Standard Courts have the power to impose discovery sanctions pursuant to C.C.P. § 2023.030 for spoliation of evidence. Cedars‐ Sinai Med. Ctr. v. Superior Court (1998) 18 Cal. 4th 1, 12 (spoliation of evidence is a “misuse of discovery” within the meaning of C.C.P. § 2023). On a motion for sanctions, the initial burden is on the moving party to prove th...

Excerpt: ...ion was filed in response to an application for Good Faith Settlement filed by PVI on 9/26/22. Trinh's motion is timely. According to the allegations in Plaintiffs' Compliant, the case arises out of the management of real property located at 5936 Killarney Cir, San Jose, CA 95138 (the Property). The Property was purchased by Plaintiffs in or about May 2016 and Trinh was the agent and PVI was the broker. After the sale was completed, from 2016 to ...

Excerpt: ... died intestate and without a surviving spouse, child, or parent. 2 (SAC, ¶ 1.) Decedent was Defendants' patient from July 12, 2008 to her passing on September 16, 2021. (SAC, ¶ 6, 41.) During the entirety of her stay at A Grace, she was mentally incapacitated due to hypoxic brain injury and other conditions. (SAC, ¶ 6.) As a result of those conditions, Decedent was unable to comprehend rights that she was otherwise bound to know, and was unab...

Excerpt: ... Late opposition to Motions. “Unless otherwise ordered or specifically provided by law, all moving and supporting papers must be served and filed in accordance with Cal. Civ. Proc. Code § 1005.” (California Rules of Court, rule 3.1300(a).) The court has the discretion to refuse to consider a late‐filed paper. (California Rules of Court, rule 3.1300(d).) An unrepresented party “is to be treated like any other party and is entitled to the ...

Excerpt: ...terrogatories If a party to whom interrogatories are directed fails to serve a timely response . . . The party who fails to serve a timely response waives any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protection for work product . . . [and] . . . The party propounding the interrogatories may move for an order compelling respo...

Excerpt: ...tiff alleges that the failures in treatment led to his commission of an assault on a Stanford nurse that resulted in a criminal prosecution. Plaintiff alleges that he committed the assault because he was suffering from a mental disorder that Stanford and other defendants failed to adequately treat. The discovery in question seeks access to Plaintiff's criminal records that relate to his prosecution for the assault. The criminal case records were ...

Excerpt: ...t the product is defective. Discovery into the development of the Autopilot feature has been underway pursuant to the terms of a stipulated protective order (SPO). Disputes have arisen and Defendant now seeks the following additional protective orders: (1) An order enforcing the parties' stipulated protective order provisions prohibiting sharing Tesla's confidential and highly confidential documents with former employees now working for competito...

Excerpt: ...ated at 3012 Beckley Drive in San Jose (the “Property”).1 (Complaint, ¶ 1.) On March 8, 2007, a deed of trust (“DOT”) was recorded against the Property, which stated that it secured a revolving line of credit, which is also known as a home equity line of credit (“HELOC”), of up to $160,000.00. (Complaint, ¶¶ 8, 9.) It also stated that Darryl was the trustor and First Magnus Financial Corporation (“First Magnus”) was the lender....

Excerpt: ...g the discovery process and are in furtherance justice. The motion is opposed by Victor D. Woodlief, D.M.D and Woodlief Dentistry, PC (Defendants). DISCUSSION A. Legal Standard I. Applicable Law “Motions for leave to amend are directed to the sound discretion of the judge: ‘The court may, in furtherance of justice and on any terms as may be proper, allow a party to amend any pleading…' [Citation.] However, the court's discretion will usuall...

Excerpt: ...gatories and a motion to compel responses to a request for production of documents that does not appear to be before Court. Defendant states that the discovery at issue is now verified and then goes on to defend the sufficiency of its responses. Defendant does not address why verified responses to discovery were only provided after Plaintiff filed the instant motion. DISCUSSION A. Legal Standard The party to whom interrogatories or requests for p...

Excerpt: ...ntary School District. According to the allegations of the Complaint, The District contracted with defendant Santa Clara County Office of Education (“SCCOE”) to provide an outdoor education experience for minor students, including Plaintiff, particularly at Walden West Science Camp (“Walden West”), a public educational science overnight camp owned by SCCOE. (SAC, ¶ 10.) Defendant Edgar Covarrubias‐Padilla (“Padilla”) was employed b...

Excerpt: ...d in since the filing of the original Complaint, or which she now elects to pursue following the conclusion of the unlawful detainer action between the parties. Plaintiff alleges that the new causes of action are based on the original facts and circumstances and that there are new facts that have occurred since the filing of her original complaint. DISCUSSION C. Legal Standard I. Applicable Law “Motions for leave to amend are directed to the so...

Excerpt: ...r spine at the L‐4, L‐5‐S1 level. (Complaint, ¶ 11.) The purpose of the procedure was to treat Plaintiff's chronic pain in the lumbar region of her back, as well as the associated pain which radiated down both of her legs. (Ibid.) On or about January 20, 2021, less than two years after her surgery, Plaintiff began having significant pain in the lumbar region of her back as well as numbness down her right leg. (Complaint, ¶ 12.) The pain a...

Excerpt: ...oe Antonio De La O Ramirez's (“Ramirez”) demurrer to the Complaint and motion to strike portions contained therein. I. Background A. Factual This is a civil law enforcement action brought by Plaintiffs against the defendants for allegedly maintaining the property located at 1726 Rogers Avenue in San Jose (the “Property”) as a public nuisance as defined under San Jose Municipal Code (“SJMC”) § 1.13.050 and the Unfair Competition Law (...

Excerpt: ...covery proceedings, or to have a motion concerning discovery heard, closer to the initial trial date, or to reopen discovery after a new trial date has been set. This motion shall be accompanied by a meet and confer declaration under Section 2016.040. (b) In exercising its discretion to grant or deny this motion, the court shall take into consideration any matter relevant to the leave requested, including, but not limited to, the following: (1) T...

Excerpt: ...s of the Complaint, beginning on October 23, 2020 and continuing through July 1, 2021, Defendants published defamatory content about Plaintiffs and their minor children on Twitter. (Complaint, ¶¶ 15‐20.) Defendants used a Twitter handle, Moni Saili, to publish this material, numbering over 410 tweets, anonymously. (Id., ¶ 16.) In these tweets, Defendants posted photographs of Plaintiffs and news accounts of a lawsuit filed by Mr. Haidar agai...