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: ...nt's predecessors‐in‐interest for a building located at 3379 and 3385 El Camino Real, Santa Clara, California (the “Premises”). (FAC, ¶ 1.) The lease term was July 1, 2018 to June 30, 2023. (Ibid.) The Premises were leased for the purpose of selling grocery foods. (Ibid.) Plaintiffs renovated the Premises to include a small restaurant, which cost approximately $500,000 and increased the property value of the Premises. (Ibid.) In March 20...

Excerpt: ...rom production and stating the factual basis supporting the privilege claim for each document. The motion is opposed by Pure Storage. DISCUSSION A. Legal Standard The party to whom the CCP § 2031.010 demand is directed must respond separately to each item in the demand with: 1) a statement that the party will comply by the date set for inspection with the particular demand for inspection, testing, etc.; 2) a statement that the party lacks the ab...

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...

Excerpt: ...migrated to the United States in 1988 to escape civil war, joined the San Jose Police Department (“SJPD”) in 1996. (Complaint, ¶¶ 5‐6.) Following the terrorist attacks of September 11th, Plaintiff's co‐workers at the SJPD began to subject him to unlawful and extreme harassment and discrimination on the basis of his race, national origin and religion. (Id., ¶ 7.) This harassment and discrimination persisted, increasing in severity over ...

Excerpt: ...ise provided by statute, if a party against whom a complaint has been filed and served fails to allege in a cross‐ complaint any related cause of action which (at the time of serving his answer to the complaint) he has against the plaintiff, such party may not thereafter in any other action assert against the plaintiff the related cause of action not pleaded. CCP § 426.50 provides that: “A party who fails to plead a cause of action subject t...

Excerpt: ...rovided to Plaintiff, the parties entered into a contractual relationship. (Complaint, ¶¶ 7‐8.) On April 27, 2021, SCU required its students to receive the COVID‐19 vaccination, a condition that Plaintiff complied with. (Complaint, ¶ 16.) On January 7, 2022, Defendant imposed an additional requirement on its students that they receive a COVID‐19 booster as a condition of enrollment. (Id., ¶ 18.) Plaintiff did not consent to or comply wi...

Excerpt: ...set of special interrogatories, provide copies of all tax returns she has filed over the last five years, and the payment of sanctions in the amount $4,800 for attorney's fees and $180 for costs. Although Defendant does not dispute the existence of the orders nor her lack of compliance, Defendant asks the Court to deny Plaintiff's motion and to impose monetary sanctions on Plaintiff. DISCUSSION A. Legal Standard CCP § 2031.310(i) provides in per...

Excerpt: ...IO. (Complaint, ¶ 2.) After having been employed by XPT Ltd since mid to late 2016, Plaintiffs were forced by XPT Ltd to sign new employment contracts on June 1, 2018. (Complaint, ¶ 19.) The new contracts purported to change the nature of their employment from employee to independent contractors, however, only their compensation changed as the terms and conditions of their employment remained the same. (Ibid.) In August 2019, XPT Ltd's Chief Ex...

Excerpt: ...rative First Amended Complaint (“FAC”), BAAC and Feng entered into a written and oral agreement (the “Agreement”) pursuant to which BAAC agreed to furnish labor, services, equipment and materials in connection with a construction project at a property located at 1540 Finley Road in Pleasanton in exchange for payment. (FAC, ¶ 10.) BAAC performed all of its obligations under the Agreement but Feng failed to pay all amounts due and owing, t...

Excerpt: ...brief withdraws the motion to compel as to request Nos 11, 36, 37 and 54.2 DISCUSSION A. Legal Standard The party to whom a request for production of documents has been directed can make one of three responses: (1) a statement that the party will comply with the particular demand, (2) a representation that the party lacks the ability to comply, or (3) an objection. CCP §2031.210(a). When the party complies, the required responsive statement is c...

Excerpt: ...pany and a subsidiary of CSC Group. (TAC, ¶ 2.) In April 2015, Wu was hired by CSC Group. (TAC, ¶ 11.) She was elected a member of the Board of Directors, where she remained until September 2020. (Ibid.) On May 20, 2015, CSC Group established CSC Group International Corp. (“CSC International”), which was Hone Capital's predecessor company. (TAC, ¶ 12.) CSC International was to be used for investing venture capital in early‐stage technolo...

Excerpt: ...ve relief. According to the allegations of the operative complaint (“Complaint”), Plaintiffs and Defendants reside in neighboring homes in the City of Los Altos. (Complaint, ¶¶ 2‐3.) Defendants installed two heating/air conditioning pumps in the side yard of their property which are 16‐17 feet from Plaintiffs' primary bedroom. (Id., ¶ 4.) The noise and vibrations which emanate from the units are so loud and disturbing that they awaken ...

Excerpt: ...o the allegations of the operative Complaint, on January 3, 2019, Defendants entered into a written agreement with Plaintiff to open a checking account. (Complaint, ¶ 10, Exhibits 1 and 2.) On February 4, 2022, Defendants had on deposit with Plaintiff a balance of $0.22. (Id., ¶ 11.) Defendants subsequently made eight deposits to the account totaling $8,000 with money orders that were initially accepted by Plaintiff but thereafter rejected as f...

Excerpt: ... (“SCU”) that is owned by the City and non‐party Valley Transportation Authority (“VTA”). According to the allegations of the operative FAC, after a year of in‐person meetings and conversation with City officials, members of the VTA, SCU representatives and community leaders, on May 31, 2017, Richard Kramer (“Kramer”), Chairman of the family of companies that includes Plaintiff, sent the City a letter detailing a proposal for Plai...

Excerpt: ...�). (Cause of Action‐General Negligence, GN‐ 1.) He operated a bicycle on or about a sloped loose surface of a designated path linking structures causing the thin tires to lose stability, fall, and cause seriously bodily injury. (Ibid.) Defendants, and each of them, negligently owned, designed, constructed, managed, maintained, and repaired the Premises and negligently designed, constructed, furnished, maintained, warned, failed to warn, and ...

Excerpt: ...ply DISCUSSION A. Legal Standard CCP § 2017.010 provides that: Unless otherwise limited by order of the court in accordance with this title, any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action or to the determination of any motion made in that action, if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discover...

Excerpt: ...Wu (Wu) and Purvi Gandhi (Gandhi) oppose the motion. DISCUSSION A. Legal Standard Code of Civil Procedure § 473 permits a court, “upon any terms as may be just, [to] relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” CCP § 473, subd. (b). The provisions of section 473 should be liberally ...

Excerpt: ...d on 9/8/21. The matter was last on calendar on 2/8/22 but was taken off calendar subject to being reset and finally set for hearing today. DISCUSSION A. Legal Standard The party to whom a request for production of documents has been directed can make one of three responses: (1) a statement that the party will comply with the particular demand, (2) a representation that the party lacks the ability to comply, or (3) an objection. CCP §2031.210(a)...

Excerpt: ...ations under the Court's orders. DISCUSSION C. Legal Standard In the discovery context, the general rule is that sanctions may be imposed only to the extent authorized by statute. (See Code Civ. Proc., § 2023.030 [a court may impose sanctions for discovery abuse “[t]o the extent authorized by the chapter governing any particular discovery method or any other provision of this title”].) “This means that the statutes governing the particular...

Excerpt: ...nt (“FAC”), ¶ 3.) Mei,5 Sherry's mother, as trustee of the Mei Haw Survivors Trust (the “Survivors Trust”), presently holds a 100% record title interest in the Sheridan Property. (Id., ¶ 6.) Sherry contends that she owns a 44.5% interest in the Sheridan Property as a tenant‐in‐common with her mother, who owns the remaining 55.5%. (Id.) On July 18, 2008, Sherry entered into a Real Estate Joint Ownership Agreement (the “Sheridan Agr...

Excerpt: ... to the allegations of the Complaint, on May 19, 2017, Plaintiff received emails from Greymont regarding the opportunity to lend money and receive interest, secured by a trust deed on title to 95 East Hamilton Avenue, Campbell, California (the “95 Hamilton Loan”). (Complaint, ¶ 18.) Plaintiff contacted Greymont regarding the 95 Hamilton Loan. (Ibid.) Greymont initiated the loan process, soliciting investment from Plaintiff, and managing the ...

Excerpt: ...ther wage and hour violations. Now before the Court is Plaintiffs' motion for preliminary approval of a settlement, which is unopposed. As discussed below, the Court is inclined to grant preliminary approval, subject to the parties' agreement to amend the releases to conform with Amaro v. Anaheim Arena Management, LLC (2021) 69 Cal.App.5th 521 (Amaro). I. BACKGROUND A. The Chavez Action As alleged in the operative complaint in the lead action (Ch...

Excerpt: ... and Samih Stephan (“Samih”) (collectively, “Plaintiffs”) and move to strike portions contained therein. I. Background A. Factual This action arises out of a dispute between tenants at a mobile home park and the lessors/properly owners. According to the allegations of the operative Complaint, Plaintiffs are homeowners and residential tenants of the Town & Country Mobile Village (the “Village”) in San Jose, a mobile home park. (Complai...

Excerpt: ... who previously represented Defendants in this same action, has recently joined the Janfaza Firm. The motion is not opposed as to Toma, but is opposed by the Janfaza Firm. DISCUSSION A. Legal Standard “Whether an attorney should be disqualified is a matter addressed to the sound discretion of the trial court. [Citations.] In exercising that discretion, the trial court is required to make a reasoned judgment which complies with the legal princip...

Excerpt: ...�Complaint”), on November 19, 2017, Chiu was piloting a Cessna aircraft, with Tseng as his passenger, when its engine stopped operating suddenly and without warning, causing the plane to crash and injure Plaintiffs. (Complaint, ¶ 10.) Plaintiffs allege that the engine stoppage and resulting crash was due to the negligence of the defendants in the maintenance, control, repair or rental of the aircraft. (Id.) B. Procedural Based on the foregoing...

Excerpt: ...y company and a subsidiary of China Science and Merchant Investment Management Group Co. Ltd. (“CSC Group”). (TAC, ¶ 2.) In April 2015, Veronica Wu (“Wu”) was hired by CSC Group. (TAC, ¶ 11.) She was elected a member of the Board of Directors, where she remained until September 2020. (Ibid.) On May 20, 2015, CSC Group established CSC Group International Corp. (“CSC International”), which was Hone Capital's predecessor company. ((TAC...

Excerpt: ...sureds (the “Insureds”) for coverage against cyber‐ related insurance risks. (AC, ¶ 2.) Defendant is a technology and software company that provides software for secure electronic file sharing and services to customers. (Id., ¶ 5.) As relevant here, Defendant developed and sold licenses for a software called File Transfer Appliance (“FTA”), which it marketed as a secure method of transferring files. (Id., ¶ 7.) The software operated ...

Excerpt: ...nd to Interrogatories “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 compe...

Excerpt: ...mplaint”), on July 12, 2012, a written promissory note was executed between Ajlouny and Eliovits reflecting a loan in the amount of $101,000. This loan was assigned by Ajlouny to plaintiff 2048 Partners, LLC (“2048 Partners”) on December 15, 2015. 2048 Partners filed the Complaint against Eliovits on December 20, 2019. 2. SACC According to the allegations of the SACC, on June 1, 2006, Eliovits entered into a written promissory note with Ajl...

Excerpt: ...intiff S3G Technology LLC (“S3G” or “Plaintiff”) is a company that provides custom mobile solutions to improve operational efficiencies and reduce costs, including in semi‐urban, rural and remote areas. (SAC, ¶ 1.) In 2007 S3G's principal and founder, Dr. Sandeep Chatterjee (“Dr. Chatterjee”), co‐founded defendant SourceTrace Systems, Inc. (“SourceTrace”) and served as its CTO through August 2021. (Id., ¶ 6.) As CTO, Dr. Cha...

Excerpt: ...“Complaint”), MDisrupt is a digital platform that connects physicians and scientists with companies in the healthcare space that need their expertise as medical advisors and medical officers to help them get their products to market quickly and responsibly. (Complaint, ¶ 11.) Recruiting and connecting physicians and scientists to platform is an integral part of MDisrupt. (Complaint, ¶ 12.) Its entire existence relies on the quality of its e...

Excerpt: ... on 5/20/22 and originally set for hearing in Department 20 on 6/16/22. Plaintiff did not file opposition to this motion but sought a continuance. The request to continue was denied, but Plaintiff also challenged the judge in Department 20 pursuant to CCP §998. Plaintiff's challenge was conditionally accepted and the matter was reassigned to Department 7. This motion was continued for hearing to 9/8/22 in Department 7. At a Case management in De...

Excerpt: ...challenge to more than 23,000 documents Defendant produced subject to the CO as AEO, contending that they should instead be designated “Confidential.” The motion is opposed by Plaintiff who contends that Defendant is over designating documents as AEO to prevent Shawn Sahbari, Plaintiff's CEO, from viewing the documents and participating in the prosecution of the action. DISCUSSION A. Legal Standard The California Uniform Trade Secrets Act (th...

Excerpt: ...es that motion made pursuant to CCP § 2030.290 which is the applicable code section where a party has failed to respond to interrogatories. The notice of motion also states that it also made pursuant to CCP § 2031.310, which is the appropriate code section where a party has responded to a request for production and a further request is made. Based on the moving papers it is clear that the motion is made pursuant to CCP §§ 2030.290 and 2031.30...

Excerpt: ...mar's individual claim. The motion is based on the November 2013 Arbitration Agreement (Arbitration Agreement) Kumar entered into with Jade Global and the recent holding in Viking River Cruises, Inc. v. Moriana. The motion is opposed by Kumar. DISCUSSION A. Legal Standard Agreements to Arbitrate California has a strong public policy in favor of arbitration. Any doubts regarding the arbitrability of a dispute are resolved in favor of arbitration.�...

Excerpt: ...0 et seq. (the “UCL”). Both Plaintiffs are in the business of semi‐conductor/miscellaneous electronic equipment and parts, refurbishment and repair. (SAC, ¶¶ 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 i...

Excerpt: ...iff is an individual with physical disabilities. (Complaint, ¶ 1.) He is substantially limited in his ability to walk as he suffers from a C‐4 spinal cord injury. (Ibid.) He is a quadriplegic and uses a wheelchair for mobility. (Ibid.) Due to his disability, Plaintiff is unable to, or seriously challenged in his ability to stand, move, reach objects mounted at heights above his shoulders, transfer from his chair to other equipment, and maneuve...

Excerpt: ... to the allegations of the SAC, Plaintiff is in the business of acquisition and sales in the capital equipment secondary market. (SAC, ¶ 13.) On November 16, 2016, Plaintiff and Defendants entered into an agreement (the “Agreement”) pursuant to which the latter agreed to pay the former for services rendered (the “Service Payments”). (Id., ¶ 14.) Service Payments were to be based on “Adjusted Gross Margin” (“AGM”) as defined in t...

Excerpt: ..., Patrick died. On 3/22/22, Fabian moved to be appointed in Patrick's place as his Successor in Interest. Fabian alleges that Patrick died as a result of injuries he sustained in the motorcycle accident. Fabian contends that due to injuries sustained in the motorcycle accident, Patrick was disabled. It is alleged that Patrick's claimed disability caused him to fall while he was performing tree work. Fabian seeks to amend the complaint to add a cl...

Excerpt: ...ing function of our justice system. As stated by the Court in Steiny & Co. v. California Electric Supply Co. (2000) 79 Ca1.App.4th 285, 291: “In general, our civil justice system seeks truth by allowing the parties to lay all relevant evidence before the judge or jury. Thus, a party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action” CCP § 2030.210 provides in pert...

Excerpt: ...to Request for Production No. 25; and for an award of monetary sanctions against Defendant. No opposition has been filed. DISCUSSION C. Legal Standard Self‐Represented Litigants An unrepresented party “is to be treated like any other party and is entitled to the same, but no greater consideration than other litigants and attorneys. Thus, as is the case with attorneys, pro per litigants must follow correct rules of procedure.” (Nwosu v. Uba ...

Excerpt: ...t by Decedent's surviving spouse, Gang, and her son, Justin. According to the allegations of the complaint (“Complaint”), on June 19, 2017, Decedent presented herself as a patient of Defendants for the evaluation and treatment of a fever. (Complaint, ¶ 7.) Defendants, collectively and individually, were careless and negligent in and about their evaluation, treatment, nursing care, observation, examination, monitoring, and diagnosis of Decede...

Excerpt: ... “Plaintiffs”). I. Background A. Factual This is an action for breach of contract, among other things, arising out of a commercial landlord‐tenant relationship. According to the allegations of the operative Complaint, on October 20, 1988, Plaintiffs entered into a lease (the “Original Lease”) for the real properly located at 1272 S. Bascom Avenue (the “Premises”) with Geno I. Castello and Victoria M. Castello, predecessors in intere...

Excerpt: ...ornia and California Department of Consumer Affairs. (The Medical Board). DISCUSSION A. Legal Standard C.C.P. Section 1987.1 provides that the Court "may make any order ... directing compliance with" a subpoena for the production of documents upon a party's motion; C.C.P. Section 2025.480 provides that that "[i]f a deponent fails to answer any question or to produce any document, electronically stored information, or tangible thing under the depo...

Excerpt: ... asserted solely against them. The Proposed TACC also adds Peter and Paul as cross defendants to the existing cause of action for unfair business practices. The instant proposed TACC was the subject of a motion for leave to amend that was heard and denied without prejudice on June 30, 2022 (the June motion). The June motion was heard by Judge Mary Arand who was sitting in Department 7 while Judge Rudy was away from Court. In ruling on that reques...

Excerpt: .... The instant motion arises out of claim being made by Plaintiffs that they were defrauded by the Wus in connection with Plaintiffs' investment in Sunrise Plaza. During the course of discovery Plaintiffs obtained evidence that First Commercial purportedly holds the bank accounts for United, Sunrise Plaza's general partner and that United was supposed to (but did not) use its own funds to make payments directly to Sunrise Plaza. Instead, United ro...

Excerpt: ...or “Cytobank”) resolved a legal action (the “Legal Action”) brought by Ward which resulted in Cytobank and Ward executing a Confidential Settlement Agreement (the “Settlement Agreement”) that provided for, among other things, the distribution of settlement funds (“Settlement Funds”) to Ward and defendant McClure Law Firm (“MLF”), who represented Ward in the action. (Complaint, ¶ 1.) CLF previously represented Ward in the Lega...

Excerpt: ...ect property is located at 760 Emily Drive, Mountain View California 94043 (the “Property”). (SAC, ¶ 2.) Frederick, Michael, Tracy, and Gail are all siblings (collectively, the “Hart Siblings”) and the children of Ruth M. Hart (“Ruth”). (SAC, ¶ 9.) Ruth died in February 2002. (SAC, ¶ 10.) From approximately 1989 through her passing, Frederick lived with Ruth at the Property and took care of her by assisting her with daily living ac...

Excerpt: ...lara for a period of 36 months. (Complaint, ¶ 9.) Nearly three years later, on February 13, 2017, the parties entered into a First Amendment to Lease which, among other things, extended the term of the aforementioned lease through February 28, 2019, and increased the base monthly rent. (Id., ¶ 10.) The lease, a Lease Rider and First Amendment to Lease are collectively referred to as “Lease 1.” (Id. and Exhibit 1.) Lease 1 required also requ...

Excerpt: ... various amenities, concluded her visit with a 90‐minute massage. Plaintiff was not familiar with her assigned masseuse, but gave him explicit direction that she had had surgery on her left hand in July 2019 and that he was not to touch or manipulate her left hand, wrist or forearm during the massage. The masseuse then asked her to repeat the information on where she had the surgery and when, and appeared to understand her direction. Near the e...

Excerpt: ...et One, Special Interrogatories Set One, Request for Production of Documents Set One, and Request for Admissions. On March 24, 2022, Defendant was given an extension to respond by April 8, 2022. Defendant did not provide timely responses. On April 14, 2022 Defendant responded to the discovery at issue but asserted various objections. Plaintiff has also filed a motion to compel Defendant to Produce Documents that Defendant has identified in its la...

Excerpt: ...eek PMQ testimony. Plaintiff also seeks an order that a subsequent PMQ notice shall only issue upon agreement of the parties or approval by the Court upon a showing of good cause as to why the proposed topics were not addressed in the initial PMQ notice. The motions are opposed by Defendant. DISCUSSION A. Legal Standard When discovery has been propounded, the party to whom it is directed may promptly move for a protective order. (Code Civ. Proc. ...

Excerpt: ...Opposition to Motion “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).) Where a party has filed a late opposition, the Court may strike and not consider the opposition...

Excerpt: ... of the underlying complaint, a credit card was issued to Gonzalez by Synchrony Bank FKA GE Capital Retail Bank. (Complaint, ¶ 6.) Gonzalez used the credit card to make purchases and accrued a balance on the card. (Id.) She ultimately defaulted on the required payments, leaving an unpaid balance of $2,240.89. (Id., ¶ 8.) CCS was subsequently assigned and transferred all right, title and interest in the credit account. (Id., ¶ 6.) Gonzalez alle...

Excerpt: ... claims $9,569.20 in costs. Plaintiff also requests $3,500 in additional fees for the anticipated time involved in reviewing any opposition to the motion and drafting a reply. The motion is opposed by Defendant VOLVO CAR USA, LLC (Defendant). Defendant does not deny that Plaintiff is entitled to an award of fees, but argues that Plaintiff's request is inflated, inadequately documented and includes time spent on legal work that does not entitle Pl...

Excerpt: ...y possesses relevant experience working for non‐profit companies and the healthcare industry, which specifically suited her for the role of Development Director of Community Relationships at Defendant. (Complaint, ¶ 18.) In mid‐February 2021, Plaintiff applied for the position. (Complaint, ¶ 20.) Following her successful interview with the Chief of Strategic Development, Johnny O'Brien (“O'Brien”), and the subsequent panel interview, sh...

Excerpt: ...” or “Paul”). IV. Background C. Factual This is an action arising out of a dispute over payment of a debt and ownership of real property located at 12329 Kosich Place in Saratoga (the “Property”). Empire has superior title by reason of grant deed for the Property. 1. Second Amended Complaint According to the allegations of the operative Second Amended Complaint (“SAC”), Plaintiffs, as trustee of the Living Trust, entered into an agr...

Excerpt: ...achs (“Sachs”) to do some plumbing in Kondori's condominium. (Complaint, ¶ 11.) Sachs' work was allegedly defective and caused various damages to Kondori, who filed suit regarding the matter on January 29, 2016. (Complaint, ¶ 12.) One of the defendants in the action was Apex. (Ibid.) In doing the work on Kondori's condominium, Sachs falsely claimed to be doing business as Apex. (Complaint, ¶ 13.) Apex was owned and operated by Wolfgang Hoc...

Excerpt: ...ternet. (Complaint, ¶ 4.) Defendant maintains its website (the “Website”) in such a way that it contains numerous barriers preventing Plaintiff, and other blind and visually‐impaired individuals from gaining equal access to the Website. (Ibid.) Plaintiff alleges that Defendant's denial of full and equal access to its Website, and therefore its products and services offered thereby, are a violation of Plaintiff's rights under the Unruh Act....

Excerpt: ...lso demurs to the first and second causes of action in the SAC. I. Background A. Factual This is an action for trespass and nuisance, among other things. According to the allegations in the SAC, Plaintiffs purchased real property at 20500 Town Center Ln # 289, Cupertino, CA 95014 (the “Residence”). (SAC, ¶ 1.) Plaintiffs continue to live at the Residence. (Ibid.) From August 2016 until approximately December 2018, defendant Arirang operated ...

Excerpt: ...ned Defendant $500,000 to be repaid in full with 5% interest on May 1, 2020. Plaintiff funded the loan in two payments of $250,000 on February 27, 2020 and February 28, 2020. On March 10, 2020, Plaintiff and Defendant executed an amended agreement whereby the total loan amount was revised to $750,000. The interest set at 8% and the loan maturity date was extended to May 5, 2020. The amended loan was funded with an additional $250,000 on that same...

Excerpt: ...is action arises out of the vaccination policy (the “Policy”) enacted by SCU requiring its students (absent medical exemptions) to be fully vaccinated against COVID‐19. Plaintiffs allege that the Policy is unlawful and unconstitutional and amounts to SCU, a quasigovernmental actor, coercing them into engaging in experimental medical interventions based on “politicized, fraudulent science” that can and have caused significant harm to inj...

Excerpt: ...ony”),1 to whom Intervenor was formerly married, initiated the instant action seeking to quiet title to the property located at 3503 Pleasant Echo Drive in San Jose (the “Property”). (Complaint, ¶ 1.) Anthony also asserted claims for breach of contract and fraud. (Id.) The Property is titled under defendant Karine Nguyen's (“Karine”) name. (Complaint, ¶ 5, Exhibit A.) On November 17, 2001, Tung was the sole owner of the Property. (Id....

Excerpt: ...loyed by XPT since mid to late 2016, Plaintiffs were forced by XPT to sign new employment contracts on June 1, 2018. (Complaint, ¶ 19.) The new contracts purported to change the nature of their employment from employee to independent contractors, however, only their compensation changed as the terms and conditions of their employment remained the same. (Ibid.) In August 2019, XPT's Chief Executive Officer (“CEO”) Jack Cheng (“Cheng”) rea...

Excerpt: ... 2017, HMI executed and delivered to Plaintiff a Revolving/Installment Note (the “Note”) and Security Agreement (collectively, the “Loan Documents”) pursuant to which HMI borrowed and promised to pay to Plaintiff the principal sum of $250,000, together with interest at a variable rate of Prime plus 1.75% per year, in monthly installments as stated in the Note. (Complaint, ¶ 6, Exhibits 1 and 2.) In order to induce Plaintiff to furnish th...

Excerpt: ...ff filed a motion to continue certain hearings. The notice of motion does not identify this motion or Demurrer. Because the present motion and Demurrer were not noticed to Plaintiff until 6/16/22, they could not relate to these proceedings. Although the Court has denied Plaintiff's motion to continue in a separate ruling, even if it had been granted, the Court finds that Plaintiff's motion to continue was not directed to this motion or Demurrer. ...

Excerpt: ... damages. DISCUSSION A. Legal Standard The party to whom a request for production of documents has been directed can make one of three responses: (1) a statement that the party will comply with the particular demand, (2) a representation that the party lacks the ability to comply, or (3) an objection. CCP §2031.210(a). When the party complies, the required responsive statement is clear: “[a] statement that the party to whom an inspection deman...

Excerpt: ...is opposed by Plaintiff. This discovery dispute arises out of Plaintiff's action for breach of contract and nuisance against Defendant, its former tenant, and for damages it claims to have suffered as a result. Defendant's discovery is directed at obtaining the facts and documents related to Plaintiff's damages allegations. DISCUSSION A. Legal Standard (a) Any party may obtain discovery within the scope delimited by Chapters 2 (commencing with Se...

Excerpt: ... 2012 as a materials and equipment manager at MSI's facility in Milpitas, which employed more than 100 individuals. (FAC, ¶ 4.) On May 28, 2014, Plaintiff underwent surgery on his foot and was advised by his physician not to work for two weeks. (Id., ¶ 5.) He was further advised that that he may be restricted to desk work for a period of time. (Id.) Well in advance of the procedure, Plaintiff informed his supervisors of his condition, the treat...

Excerpt: ...mplaint (“FAC”) in 2019, Jain and Luong were expecting their first child. (FAC, ¶ 1.) Jain was a PhD student at Stanford University and she received her healthcare from Stanford Health Care and its affiliated MMC. (FAC, ¶ 14.) She went to MMC for routine pregnancy checkups. (FAC, ¶ 15.) Her obstetrics and gynecology physician was Dr. Rothstein. (Ibid.) Dr. Rothstein never conducted a full body physical of Jain in order to find any abnormal...

Excerpt: ... designs and develops advanced digital imaging technologies and products for use in a variety of electronic devices. (Complaint, ¶ 2.) Plaintiff is a design engineer with a master's degree in computer engineering and a bachelor's degree in electronic engineering with 20 plus years of experience in ASIC design, digital design and verification. (Id., ¶ 5.) Plaintiff was employed by Defendant as a Senior Design Engineer from 2006 until October 201...

Excerpt: ...o oppose a motion may be deemed a consent to the granting of the motion. CRC Rule 8.54c. B. Legal Standard for Demurrer As relevant to the instant case, “[t]he party against whom a complaint or crosscomplaint has been filed may object, by demurrer or answer as provided in [s]ection 430.30, to the pleading on any one or more of the following grounds: . . . (e) The pleading does not state facts sufficient to constitute a cause of action.” (§ 4...

Excerpt: ...ing to the allegations of the Complaint, from January 2020 to April 2020, Ali applied for six jobs at Apple. (Complaint, ¶ 19.) He has 22 years of IT work experience in the US, technical skills, professional training, and certifications. (Ibid.) However, Apple management did not offer Ali a fair and just opportunity for an interview. (Ibid.) Apple hiring management retaliated against him because of his two prior civil lawsuits against Apple. (Ib...

Excerpt: ...essed, used, and disclosed her private financial, business, and personal information stored on electronic devices owned by Defendant's then‐husband that had been entrusted to him for safekeeping in connection with consulting work he performed for Plaintiff. Defendant is conducting discovery in an effort to ascertain the nature and extent of Plaintiff's damages claim. DISCUSSION A. Legal Standard The party to whom a request for production of doc...

Excerpt: ... allegations of the operative First Amended Complaint (“FAC”), Plaintiff purchased the Property in 1987 and placed her daughter Maria Hart (“Hart”), as an unmarried woman, and her then‐boyfriend, John Encinas, Jr. (“Encinas”), as an unmarried man, on title as joint tenants with her. (FAC, ¶ 9.) From the beginning, right after the purchase, Plaintiff made all of the mortgage payments and paid for the taxes, insurance, repairs and ma...

Excerpt: ...fendant. (Complaint, ¶ 9.) In connection with the purchase, Plaintiffs received various warranties, including a 3‐year/36,000‐mile express bumper to bumper warranty, a 5‐year/60,000‐mile powertrain warranty which covers the engine and the transmission, as well as various emissions warranties that exceed the time and mileage limitations of the bumper to bumper and powertrain warranties. (Complaint, ¶ 11.) During the warranty period, the ...