Excerpt: ...rossComplainant signed a promissory note whereby Cross‐Defendant would pay $537,954 to Cross‐Complainant by June 1, 2011 (the “Fruitridge Note”). Cross‐Defendant and CrossComplainant then entered into a second promissory note whereby Cross‐Complainant would pay Cross‐ Defendant $101,000 by the end of 2015, with a provision that Cross‐Complainant would pay interest if he was unable to pay by the end of 2015 (the “Popover Note”)...

Excerpt: ...iff's suit for specific performance of a commercial real estate purchase and sale agreement that failed to close escrow within the 180 day escrow closing period based on the allegation that Defendants intentionally concealed known environmental damage to the subject property and prior tenant uses. Defendant responded to discovery with responses that indicated documents existed as to some sort of communication between Defendants regarding the prop...

Excerpt: ... motion for “partial summary judgment” as to Defendant's cause of action for disgorgement. I. Background A. Factual Plaintiff is a construction company specializing demolition. Defendant is a general contractor who entered into a subcontract (the “Subcontract”) with Plaintiff for demolition work on a project in Palo Alto (the “Project”) for an original price of $426,756.00 on or about September 22, 2014. In December 2015 and January 2...

Excerpt: ...tiff Sarah Vaughn (“Plaintiff”) was admitted to Covia's facility; she was wheelchair bound, considered non‐ambulatory and required two people to assist in physical movement. (See SAC, ¶ 12.) Covia assigned Rodriguez to the care and custody of Plaintiff as a certified nursing assistant. (See SAC, ¶¶ 13‐14.) On June 9, 2019, Rodriguez sexually assaulted and battered Plaintiff. (See SAC, ¶ 15.) Rodriguez previously committed similar acts...

Excerpt: ...ract with Plaintiff and breached that contract by refusing to return jewelry, which Plaintiff values at over $5,000,000 and which Plaintiff provided as collateral for a twelve thousand dollar ($12,000) loan at an annual interest rate of 36%. D. Procedural Based on the foregoing allegations, Plaintiff initiated this action on September 17, 2019 with the filing of the Complaint, which asserts twelve causes of action, which are not at issue and will...

Excerpt: ... to Plaintiffs' with the knowledge that the roots of three redwood trees located on Defendant's property were growing in such a way as to cause damage to portions of Plaintiffs' property. B. Procedural Based on the foregoing allegations, Plaintiffs initiated this action on March 25, 2021 with the filing of the Complaint, which asserts a single cause of action for nuisance. A proof of service indicates that the Complaint was served on Defendant vi...

Excerpt: ...ith Arbitration Provision). (“RISC”). On page 1 of the RISC, in a separate box which Plaintiff signed, there is a separate box, entitled: “Agreement to Arbitrate.” The text in this box states: Agreement to Arbitrate. By signing below, you agree that, pursuant to the Arbitration Provision on page 5 of this contract, you or we may elect to resolve any dispute by neutral, binding arbitration and not by a court action. See the Arbitration Pro...

Excerpt: ... Plaintiff, and transferred said assets for the purposes of preventing Plaintiff from obtaining her fair share of the marital assets in the parties' ongoing divorce proceedings. B. Procedural Based on the foregoing allegations, Plaintiff initiated this action on December 14 2020 with the filing of the Complaint, which asserts a three causes of action for (1) fraudulent transfer, (2) breach of fiduciary duty, and (3) aiding and abetting breach of ...

Excerpt: ...According to the allegations in the Complaint, UVRC is a regional center designated by the U.S. Citizenship and Immigration Services under the EB‐5 Immigrant Investor Pilot Program. This program allows non‐citizens to secure U.S. green cards through the EB‐5 visa program. One of UVRC's projects is the Sunrise Inn Food Plaza, which is a project to remodel a building and open a food plaza in Turlock, California (“the Project”). Sunrise In...

Excerpt: ...laint, the Property consists of 40 acres of agricultural land and contains numerous decommissioned or dilapidated agricultural buildings dating to its past use as a chicken farm. (Complaint, ¶ 1.) Defendant Parvaneh Pourakber (“Pourakber”) purchased the Property in 2003 and since that time she and her family have created or allowed others to create serious public nuisances including, but not limited to: unpermitted construction and/or conver...

Excerpt: ... a separate box which both Plaintiffs signed, it states: Agreement to Arbitrate. By signing below, you agree that, pursuant to the Arbitration Provision on the reverse side of this contract, you or we may elect to resolve any dispute by neutral, binding arbitration and not by a court action. See the Arbitration Provision for additional information concerning the Agreement to arbitrate.” (RISC, page 2) The RISC also provides in bold, capitalized...

Excerpt: ...dmission and Demand for Inspection, Sets One. The Coyote Motions were scheduled to be heard on 7/20/21 and the Yohanan motions were scheduled to be heard on 8/12/21. Both sets of motions were sent to an Informal Discovery Conference. It appears little, if anything was resolved at those conferences other than obtaining verifications for the disputed discovery. DISCUSSION The parties having been unable to reach an agreement on the pending motions, ...

Excerpt: ... test, and manufacture circuit chips and electronic systems for a Wide range of products. TeamBlind provides a free anonymous online community through the website, Blind. Blind is an online service created, according to TeamBlind, “to foster transparent and free communication for professionals worldwide.” Blind was built on the belief that extending freedom of speech to workplace conversations via anonymity would empower corporate employees t...

Excerpt: ...ronic Registration Systems, Inc. (“MERS”) and Quality Loan Service Corporation (“Quality”). According to the allegations of the operative SAC, Plaintiff owns and resides at the residential property located at 11860 Francemont Avenue in Los Altos Hills (the “Property”). (SAC, ¶¶ 1‐4, 21, 44.) On July 26, 2005, Plaintiff obtained Plaintiff obtained a loan from Countrywide Home Loans (“the Loan”), which was secured with a Deed of...

Excerpt: ...by one of its members. According to the allegations of the operative Complaint, on December 30, 2003, Plaintiff and Defendants entered into the “Spartagus, LLC Operating Agreement” (the “Agreement”), which made them managers and members of Spartagus, LLC (“Spartagus” or the “LLC” or the “Company”), an entity formed in order to operate a restaurant known as “Viva! Neighborhood Eatery of Los Gatos” (“Viva!”) in Los Gatos...

Excerpt: ... operative FAC, in March 2007 Plaintiff was hired as an office manager by Nanosyn, a then start‐up initiated and led by CEO and CFO Nikolai Sepetov (“Sepetov”) and his wife, Vice President Olga Issakova (“Issakova”). (FAC, ¶ 13.) Plaintiff, who was initially hired in a temporary positon and shortly thereafter became a full‐time, permanent employee, was hired because of her expertise in helping startups develop systems and infrastruct...

Excerpt: ...ctively move to strike portions of the TAC. I. Background A. Factual According to the allegations of the TAC, on March 9, 2017, Plaintiff entered into a contract with defendant Taylor 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 f...

Excerpt: ...ng to the allegations of the Complaint, on May 15, 2019, Romero was driving on Meridian Avenue in Santa Clara County when she struck a vehicle driven by Kaitlin and in which Ryan and Jacqueline were passengers.1 (Complaint, ¶ 8.) Defendant was allegedly legally intoxicated at the time of the collision and was aware of the potential dangers of consuming alcohol in excess and then operating a motor vehicle, but did so anyway. (Id., ¶ 14.) B. Proc...

Excerpt: ... condition of the Subject Vehicle arises. FCA US and MATHEW ENTERPRISE, INC. dba STEVENS CREEK CHRYSLER JEEP DODGE, (collectively “Defendants”) claim to be third party non signatories entitled to the benefit of the arbitration provision and move the Court for an order compelling plaintiff to arbitrate his dispute with them. Plaintiff opposes the motion on the Grounds that Defendants cannot seek to benefit from the arbitration provision becaus...

Excerpt: ...ocuments relating to a promissory note and deed of trust for Plaintiff's house; b) performed those signings while asserting they had certain titles (e.g., “Assistant Secretary”); c) even though they did not have those titles. (See SAC, ¶ ¶ 24‐30.) In March 2017, Plaintiff filed her SAC. In April 2017, Judge Elfving granted judgment on the pleadings, based on the SAC, in BANA's favor on various claims in the SAC and denied it as other clai...

Excerpt: ...e “Trust”), which provided that upon the death of both settlors, the trust estate would be distributed in equal shares to the living descendants of the settlors, Lyle and Rachel. (FAC, ¶ 5.) On July 8, 2008, Lyle and Rachel executed a Restatement of the Meacham Family Trust dated June 22, 1990 (the “2008 Restatement”) by amending and restating the prior instrument in full. (Id.) The 2008 Restatement provided in Section 3.1 that during th...

Excerpt: ...ual This is an action for fraud purportedly committed by various individuals during Plaintiff's divorce proceedings 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 ...

Excerpt: ...on case against her former employer. (SAC, at 2‐3.) Plaintiff subsequently filed a complaint with the State Bar against Hilton for the mishandling of her case. (Id.) Ultimately, after stipulating to misconduct in various cases in proceedings before the State Bar Court, including Plaintiff's, Hilton was suspended from the practice of law. (The State Bar's Request for Judicial Notice (“RJN”), Exhibits 2 and 3.) Plaintiff alleges that she has ...

Excerpt: ...e trust upon the death of the original settlors, Sam Santomauro and Laura Santomauro, is the owner of real property located at 871‐873 North Seventh Avenue in San Jose (the “Property”). (Complaint, ¶ 4.) Defendants John Santomauro (“John”) and Pantages, who are siblings, became co‐trustees of the Trust upon the death of the original settlors and are equal 50% beneficiaries. (Id., ¶¶ 15‐16.) At the time of the original settlors' d...

Excerpt: ...he allegations of the Complaint, defendants Christine Sellers and Mark Viera (collectively, “Owners”) own a building located at 224 North 27th Street in San Jose (the “Property”). Defendants T‐Mobile and Ericsson, Inc. (“Ericsson”), in turn, are the owners of a cellular antenna tower located on the roof of the building. (Complaint, ¶ 7.) On May 4, 2016, Plaintiff, an employee of ProCell, was at the Property to perform maintenance a...