Excerpt: ...a single ruling on both motions. DISCUSSION Plaintiffs' have sued Defendant in what is captioned as a Breach of Contract action. However, Plaintiffs have alleged facts that seem to sound in negligence and also seek damages for what seem to be personal injuries. Plaintiffs are asking for contractual, general and punitive damages. Defendant has served discovery inquiring as to the nature and extent of Plaintiffs' claims and the facts and documents ...

Excerpt: ...alth dba Dominican Hospital (“Dignity”), Sutter Health (“Sutter”), Palo Alto Medical Foundation (“PAMF”), Physicians Medical Group of San Jose (“PMG”), Anesthesia Medical Group of Santa Cruz (“AMG”), John R. Saranto, M.D. (“Saranto”), and Lisa Ferguson, M.D. (“Ferguson”) (collectively, “Defendants”).3 (See SAC, ¶¶ 1, 10.1.) During the course of a December 25, 2016 appendectomy, Plaintiff was anesthetized and rend...

Excerpt: ...laint (“SACC”) and the answer to the SACC (“Answer”). I. Background A. Factual 1. SAC This dispute involves the current composition of HTSB's Board of Directors (the “Board”). According to the allegations of the SAC, the Board is comprised of Birla, A. Patel, Agarwal, H. Patel, Sengupta and defendant Raj Bhanot (“Bhanot”), with Birla also serving as Chairman, A. Patel as secretary and H Patel as co‐treasurer with Bhanot. (SACC, ...

Excerpt: ...ruck from behind by a vehicle driven by defendant Raul Enrique Pena (“Pena”). Plaintiff alleges that the accident was the result of Pena's negligence. B. Procedural Based on the foregoing allegations, Plaintiff filed the Complaint against Pena on June 13, 2018 asserting claims for (1) motor vehicle and (2) general negligence. On August 19, 2020, an amendment to the Complaint was filed naming Deep Ocean as “Doe 1.” On July 7, 2016, Deep Oc...

Excerpt: ...tices 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 and transferred all ...

Excerpt: ...gs and actions subsequent to that. In 2009, Plaintiff's now exwife, Laura Beauchesne, initiated a marital dissolution action (the “Dissolution Action”) against him in Santa Clara County Superior Court, Case No 1‐09‐ FL‐ 151906. Plaintiff was initially represented in the proceeding by defendant Baugh until he took over his own representation as a pro se party. Plaintiff alleges, among other things, that Baugh was engaged in a conspiracy ...

Excerpt: ...f the 4AC, CalCoast purchased a workers compensation and employers liability insurance policy (the “Policy”) from Plaintiff, the surviving corporation from a merger of various insurance companies, including Tower Select Insurance Company (“Tower”), in October 2012. (4AC, ¶ 13, Exhibit A.) A subsequent audit performed by Plaintiff on the effective policy period for the Policy revealed that the premium basis estimate provided by Defendant ...

Excerpt: ...summons and complaint based on the ground that the complaint purportedly served on Defendants was the superseded initial complaint, which was of no legal effect as a pleading, and did not include a copy of the operative complaint, the First Amended Complaint (“FAC”). I. Background A. Factual According to the allegations of the Complaint, on September 12, 1996, New Cingular (then known as AT&T PCS Services Inc.) entered into a commercial lease...

Excerpt: ... poki bowl. (FAC, ¶ 21.) During their subsequent efforts towards starting a restaurant, Plaintiff and Nguyen were jointly represented by attorney Lloyd Schmidt (“Schmidt”), whose responsibilities included, but were not limited to, drafting documents relating to the business' creation. (Id, ¶¶ 22‐25.) Defendant Poki Bowl, Inc. (“Poki Bowl”) was incorporated on July 29, 2015, with Plaintiff as the incorporator. (Id., ¶ 26.) Prior to P...

Excerpt: ... misappropriation, among other things, by an employer against a former employee. According to the allegations of the complaint (“Complaint”), Black Sails is a virtual reality (“VR”) startup which possesses a variety of cutting‐edge VR technology, most of which was created by Wang and Zhao, as coinventor. (Complaint, ¶ 11.) Zhao began her employment with Black Sails in November 9, 2016 and ceased working there in June 2018, when all of ...

Excerpt: ...hings, arising out of a landlordtenant relationship. According to the allegations of the FAC, Lakha is the owner of Mercado Shopping Center (the “Premises”), a commercial shopping center located in Santa Clara. Lakha and defendant Mexicali Restaurant Group, Inc. (“Mexicali”), the alleged alter ego of defendant Kapoor, are successors in interest as landlord and tenant, respectively, to a Shopping Center Lease dated August 1, 1997, and its ...

Excerpt: ...ner Tom Cole (“Cole”) in February 2016. (SAC, ¶ 28) Hone had recently launched its Silicon Valley operation and was looking to further establish their presence for the purpose of investing in a high volume of strong technology companies, using venture capital funds that CSC Group had started with a stated goal of investing up to $1 billion in United States startups. (SAC, ¶ 26) Gandhi began negotiating the terms of her employment and made c...

Excerpt: ...l 2015 as Co‐President. (SAC, ¶ 20.) She was brought in to help CSC Group accomplish its' goal of making up to $1,000,000,000 in U.S venture capital investments. (Ibid.) Wu set up a $100,000,000 fund named CSC Upshot Ventures I, LP (“Upshot”) in which CSC Group was obligated to fund the full $100,000,000. (SAC, ¶ 22.) Wu was asked to serve as CSC Group's designee for Upshot making investment decisions on behalf of Upshot. In 2016, Wu led ...

Excerpt: ...oy, California 95020 (“the subject property”) for use as a business location. They took title as “Ricardo A. Morelos, a married man as his sole and separate property” and “Reynaldo R. Morelos, a married man as his sole and separate property”. Plaintiff and Cross‐Defendant Maria Morelos (“Plaintiff”) was married to Ricardo Morelos. On August 19, 2011, Ricardo Morelos passed away. After Ricardo's death, Plaintiff and Defendant ent...

Excerpt: ...thod was wrong. Before his surgery, Plaintiff was able to read the newspaper and write normally. Now he cannot do those things which has made him unable to live and work as he did before. B. Procedural Based on the foregoing allegations, Plaintiff initiated this action on April 29, 2021 with the filing of the Complaint which asserted negligence and medical malpractice. On June 4, 2021, Defendants filed this instant demurrer. Plaintiff did not fil...

Excerpt: ...e and (2) violation of Labor Code section 3706. On March 15, 2021, the Complaint was amended to add additional defendants. On July 27, 2021, Defendants filed the instant motion to dismiss. Plaintiff opposed the motion and Defendants filed a reply. X. Discussion A. Defendants' Request for Judicial Notice Defendants request judicial notice of (1) the docket, (2) Plaintiff's application for worker's compensation relief, and (3) Defendant Tung Tai's ...

Excerpt: ... or about May 2016, Plaintiff entered into a contract with AVSC, a non‐profit organization, to provide soccer training for Plaintiff's two children. Brough is the owner of AVSC. Brough and AVSC hired Daniel Neal (“Neal”) as a soccer coach. Neal engaged in a sexual relationship with Plaintiff's now ex‐wife. On information and belief, Plaintiff alleges that Neal engaged in sexual acts with Plaintiff's exwife at various AVSC events. Plaintif...

Excerpt: ...cle was purchased on May 31, 2018, and the purchase was governed by written “RETAIL INSTALLMENT SALE CONTRACT – SIMPLE FINANCE CHARGE” (with arbitration provision) (“RISC”). Plaintiff sued All Star and FMC alleging breach of warranty and other claims concerning the purchase and condition of the vehicle. The RISC contains an explicit arbitration provision. In signing the RISC, Plaintiff acknowledged that she read the contract, including ...

Excerpt: ... as Los Gatos Drug and Alcohol Recovery Center (“Recovery Center”). Plaintiff suffered from alcoholism and Dr. Tabrizi encouraged her to seek treatment at the Recovery Center. Berhane was the director of the Recovery Center. Plaintiff alleges that Dr. Tabrizi provided Berhane with information about Plaintiff and allowed Berhane to enter the examination room where Plaintiff awaited the results of a medical test. Berhane also encouraged Plainti...

Excerpt: ...ding to the allegations of the FAC, Defendants contracted with Integrity Waste, Inc. (“Integrity”) to receive janitorial services at seven properties: (1) Briarwood Apartments ‐ 180 Pasito Terrace, Sunnyvale, CA 94086, (2) Arbor Terrace ‐ 55 El Camino Real, Sunnyvale, CA 94087, (3) The Arches – 1235 Wildwood Ave, Sunnyvale, CA 94089, (4) Woodleaf – 325 Union Ave, Campbell, CA 95008, (5) Potrero 1010 Apartments – 1010 16th St., San F...

Excerpt: ...y denied. Having prevailed at trial, Defendants submitted their memorandum of costs. DISCUSSION I. Applicable Law “Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.” (Code Civ. Proc., § 1032, subd. (b).) Items explicitly allowed as costs are set forth in Code of Civil Procedure section 1033.5, subdivision (a). Items expressly disallowed as cost...

Excerpt: ...VSC, a non‐profit organization, to provide soccer training for Plaintiff's two children. Brough is the owner of AVSC. Brough and AVSC hired Neal as a soccer coach. Neal engaged in a sexual relationship with Plaintiff's now ex‐ wife. On information and belief, Plaintiff alleges that Neal engaged in sexual acts with Plaintiff's ex‐wife at various AVSC events. Plaintiff contends on information and belief that AVSC failed to conduct a backgroun...

Excerpt: ... 20. According to the allegations in the Complaint, Vahe and Dutchints solicited investment capital from Plaintiffs for the purposes of purchasing and developing multiple real properties for resale. Each of the Plaintiffs invested in a project whereby Rengstorff would develop property located at 570 S. Rengstorff Avenue in Mountain View. But, after Plaintiffs had invested in the project, Defendants failed to obtain the necessary entitlements with...

Excerpt: ...as riding his bicycle in the bicycle lane when he was struck from behind by Musleh's vehicle. F. Procedural Based on the foregoing allegations, Plaintiffs initiated this action on January 8, 2021 with the filing of the Complaint, which asserts causes of action for: (1) dangerous condition of public property, (2) general negligence, (3) motor vehicle negligence, (4) negligent instrument, and (5) strict products liability – design defect against ...

Excerpt: ...rior to April 25, 2017, Defendant designed, manufactured, sold, and placed into the stream of commerce the subject iPhone. In the Complaint, Petitioner alleged that, on April 25, 2017, the subject iPhone exploded, injuring his arm. B. Procedural Based on the foregoing allegations, Plaintiff initiated this action by filing the Complaint alleging two causes of action: (1) general negligence and (2) products liability. Defendant filed the instant mo...