Excerpt: ...Adams, is the sole Trustee of the Albert S. Adams, Jr. and Betty M. Adams Family Trust, dated October 6, 1989 (the “Adams Trust” or the “Trust”). (Complaint, ¶ 6.) The settlors of the trust, Bart's parents Albert S. Adams, Jr. (“Albert”) and Betty M. Adams (“Betty”), are both deceased, and Plaintiff has been the sole acting trustee of the Trust since Albert's death in May 2015.2 (Id.) The Property was purchased and paid for by th...

Excerpt: ...orney's fees provision. Plaintiff's Complaint was ultimately dismissed after Defendant's demurrer to Plaintiff's First Amended Complaint, was sustained without leave to amend. The Court entered a Judgment of Dismissal (“Judgment”) in favor of Defendant on July 7, 2021. Defendant's Motion was filed 9/7/21. Amended notice of Motion was served 11/4/21. No opposition was filed. DISCUSSION A. Legal Standard Defendant asks the Court to take Judicia...

Excerpt: ... a (2) neurological examination without leave of court. Plaintiff also agreed to submit to a neuropsychological exam, if NCAA agreed to sign a stipulation that set the parameters of the examination. The parties entered into a stipulation that, among other things, provided that Plaintiff would submit to neuropsychological testing with Tony L. Strickland, Ph.D. The stipulation provided that the exam would be recorded. The stipulation also provided ...

Excerpt: ...ded to Defendant's insured. According to the allegations of the First Amended Complaint (“FAC”), Plaintiff is a medical services provider. (FAC, ¶ 6.) Boston Scientific administers health insurance plans. (Id.) Plaintiff is an “out‐ of‐network provider” or “non‐participating provider” who had no preferred provider contracts or other such standing, written contract with Defendant setting its rates of pay for services rendered, p...

Excerpt: ... ¶ 3.) From January 19, 2016 to March 18, 2016, the County provided Jiang with in‐patient and out‐patient treatment at the Santa Clara Valley Medical Center (“SCVMC”) consisting of trauma‐level, life‐saving treatment, CT scans and imaging, intensive care, and other services for the injuries sustained in the automobile collision. (Id. at ¶ 4.) The cost of the treatment totaled $158,056.15. (Ibid.) Jiang signed a contract with SCVMC i...

Excerpt: ...the County provided Jiang with in‐patient and out‐patient treatment at the Santa Clara Valley Medical Center (“SCVMC”) consisting of trauma‐ level, life‐saving treatment, CT scans and imaging, intensive care, and other services for the injuries sustained in the automobile collision. (Id. at ¶ 4.) The cost of the treatment totaled $158,056.15. (Ibid.) Jiang signed a contract with SCVMC in which she agreed to pay for the services provi...

Excerpt: ...hat the motions are all moot because Defendant has now provided verified responses. Plaintiff objects to Defendant's use of a single combined opposition as procedurally improper. Substantively, Plaintiff disputes that Defendant has provided code complainant responses to the disputed discovery and all of the documents that have been requested. Plaintiff appears willing to accept some of Defendant's responses, but asks the Court to rule on the foll...

Excerpt: ... for unfair debt practices relating to the collection of that debt. According to the allegations 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...

Excerpt: ...rict's (“Granada”) motion for summary judgment as to the City's Complaint and its own cross‐complaint (“Cross‐Complaint”). Granada joins in Montara's motion and Montara joins in Granada's. I. Background A. Factual 1. Complaint This action arises out of a dispute between various municipalities over their financial obligations concerning sewer infrastructure for the San Mateo Coast. According to the allegations of the operative Complain...

Excerpt: ...ly, the parties apparently cannot even agree on what has been resolved. According to Plaintiffs' statement of issues, 28 document requests are still in dispute. According to Ford's statement of issues, 20 document requests are in dispute. It appears to the Court that, regardless of the number of disputed issues, the disputed requests share common themes. The Court will therefore issue orders to address what is sees as the common themes as opposed...

Excerpt: ....) The purchase included express written warranties, specifically a four‐year/50,000 mile bumper‐to‐bumper warranty, and a four‐year/50,000 mile power train warranty. (Id., ¶ 9.) During the warranty period, the Vehicle contained or developed numerous defects. (Id., ¶ 10.) Defendants have been unable to service or repair the car to conform to the warranties, and have failed to comply with their statutory obligation to replace the Vehicle...

Excerpt: ...he Court is the Motion of Plaintiff to Strike or Tax Costs claimed by Ganion, CSCG, Joyce Lee, Taylor Beck and Tina Longo. (Collectively “Defendants”) Plaintiff's motion is opposed by all Defendants. DISCUSSION Plaintiff's arguments in opposition to the Ganion and CSCG motions and Plaintiff's argument in support of her motion to Tax costs share a common legal and factual basis. For that reason, the Court believes it is useful to consider the ...

Excerpt: ...e Deposition by Defendants Everspring Construction Inc., Patrick Tsao, Montecito Realty Group LP and Suretec Indemnity Company. The Motion is opposed by Plaintiff and Cross Defendant RAM Concrete Construction, Inc. (RAM). DISCUSSION A. Legal Standard Any party may discover any relevant, non‐privileged matter that might reasonably lead to other admissible evidence. The relevance to the subject matter' and ‘reasonably calculated to lead to disc...

Excerpt: ...nses: (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 demand has been directed will comply with the particular demand shall state that the production, inspection, and related activity demanded will b...

Excerpt: ... California Rosenthal Fair Debt Collection Practices Act (Civ. Code, §§ 1788‐1788.33) (the “RFDCPA”). According to the allegations of the operative Complaint, on October 9, 2015, Plaintiff is alleged to have incurred a financial obligation in the form of a consumer credit account issued by One Main Financial, Inc. (“One Main Financial”) which qualifies as a “consumer debt” within the meaning of the RFDCPA. (Complaint, ¶ 13.) Plai...

Excerpt: ...nfer post filing. Nevertheless, the following discovery disputes remain unresolved: Form Interrogatories (Set One), No. 4.1, Special Interrogatories (Set One), Nos. 11—13 and 15‐17, and Request for Production of Documents and Electronically Stored Information Set One), Nos. 1, 20, 23‐24, 26, 31, and 33 DISCUSSION I. Applicable Law Motions to Compel CCP § 2030.210 provides in pertinent part that: (a) The party to whom interrogatories have b...

Excerpt: ....) The purchase included express written warranties, specifically a four‐year/50,000 mile bumper‐to‐bumper warranty, and a four‐year/50,000 mile power train warranty. (Id., ¶ 9.) During the warranty period, the Vehicle contained or developed numerous defects. (Id., ¶ 10.) Defendants have been unable to service or repair the car to conform to the warranties, and have failed to comply with their statutory obligation to replace the Vehicle...

Excerpt: ...ely, “Cross‐Complainants”). I. Background A. Factual 1. Complaint This is an action for breach of contract. According to the allegations of the complaint (“Complaint”), PAPO is the owner of CTC, a real estate development project located in Palo Alto which includes the premises located at 2108 El Camino Real, Palo Alto (the “Property”). On November 20, 2013, CTC, as landlord, and J&A Family Markets, Inc. (“J&A”), as tenant, enter...

Excerpt: ...n Jose, California 95126 (“the Premises”) to Tran and Lam to use as a “shop or restaurant for the sale and consumption of coffee, pastries, and deli sandwiches, and for uses normally incident to that purpose.” (Ibid.) A key part of Tran and Lam's operation included roasting coffee beans on site to produce freshly made quality coffeebased drinks and to sell coffee beans as well. (Cross‐Complaint, ¶ 6.) Tran and Lam were sued for failing...

Excerpt: ...ial electronic data belonging to them. The electronic data at issue was stored on a password‐protected server and electronic devices in the control of Defendant's former spouse Julian Ting. DISCUSSION I. Applicable Law Under Code of Civil Procedure section 2031.310, subdivision (a), a party may move for an order compelling a further response to a document demand on the ground that (1) an objection is without merit or too general, (2) a statemen...

Excerpt: ...omeowner Bill of Rights (the “HBOR”), among other things. According to the allegations of the operative FAC, Plaintiffs are the owners of a property located at 670 E. Duane Ave in Sunnyvale (the “Property”). (FAC, ¶ 11.) On October 9, 2018, Plaintiffs took out a loan with Milestone in the amount of $975,000 secured by a deed of trust on the Property. (Id., ¶ 12.) During the initiation of the process to obtain the loan, Plaintiffs reques...

Excerpt: ...(TAC, ¶ 12.) In December 2012, Sahai and Bilugu created a shell entity called eGestalt Technologies, a Delaware corporation (“eGestalt‐Del”). (TAC, ¶ 13.) In March 2015, eGestalt‐Del was renamed Aegify, Inc., a Delaware corporation (“Aegify”). (TAC, ¶ 15.) eGestalt and Aegify share identical equitable ownership, share the same offices and employees, share identical officers and directors, and use one entity as a conduit for the aff...

Excerpt: ...t Plaintiff is refusing to move forward with arbitration. Plaintiff has presented no contrary evidence. Indeed, Plaintiff's conduct supports a finding that Defendant's reports are accurate. On 6/15/21 Plaintiff filed a motion to compel Defendant to respond to discovery. On 9/9/21 Plaintiff's motion was denied. The Court ruled that all matters, including discovery disputes, are subject to binding arbitration pursuant to the Court's 6/13/19 order. ...

Excerpt: ...st for Admission 12. Form Interrogatory 17.1 poses the following question: Is your response to each request for admission served with these interrogatories an unqualified admission? If not, for each response that is not an unqualified admission: (a) state the number of the request; (b) state all facts upon which you base your response; (c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of those facts; Defendan...

Excerpt: ...aylor Morrison of California, LLC (“TM”) for the purchase of Lot 104 at 73 Montecito Vista Drive, Unit No. 1 in San Jose (the “Property”) for $669,745, and deposited $20,093.25 into escrow. (TAC, ¶ 23.) Pursuant to section 8(a) of the contract, the closing date for the transaction was required to occur when a certificate of occupancy was issued, as San Jose Municipal Code § 24.02.61(A) prohibited usage or occupancy of the Property prior...