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...