Excerpt: ... to the allegations of the Complaint, 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: unpermi...

Excerpt: ...t of Arena Origination. According to the allegations of the FAC, in late 2018 and early 2019, Plaintiff and defendant 199 Bassett Owner, LLC (“199 Bassett Owner”) were in negotiations for 199 Bassett Owner's purchase of the property located at 199 Bassett Street in San Jose (the “Property”). (FAC, ¶¶ 4, 17.) As part of those negotiations, 199 Bassett Owner requested that Plaintiff provide financing in the amount of $6,000,000, and Plain...

Excerpt: ...m in Santa Clara County Superior Court, Case No 1‐09‐FL151906. Plaintiff was initially represented in the proceeding by defendant Bradford Baugh (“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 with Plaintiff's sister, Jeanne Schmidt (“Schmidt”) and her domestic partner, Kenefick, to terminate a 2014 action filed by Plaintiff against th...

Excerpt: ...perative complaint (“Complaint”), on March 20, 2006, a utility pole belonging to PG&E failed and damaged several buildings on Plaintiff's property in Gilroy (the “Property”). PG&E removed the pole and installed a new one, but initially did so incorrectly, leaving Plaintiff without his prior level of service. Ascarie was promised that his pre‐existing service would be restored to him at no charge, but was later informed by PG&E that that...

Excerpt: ...iff”) and move to strike portions contained therein. I. Background A. Factual This is an action for medical negligence, among other things. According to the allegations of the FAC, on March 9, 2019 Plaintiff, an African‐American male with a diagnosis of bipolar disorder, PTSD and a history of mental health hospitalizations, was suffering a bipolar event. (FAC, ¶¶ 13, 15.) Plaintiff spoke with Dr. Denduluri, who was overseen by Dr. Vemuri, a...

Excerpt: ...t Pendergrast (“Pendergrast”) entered into an oral agreement pursuant to which Pendergrast was to perform various construction work on the interior and exterior of Plaintiff's home and complete such work by March 15, 2015. Pendergrast agreed to complete all work with a valid license, which he expressly represented that he possessed, obtain all necessary permits, complete all work in accordance with local and state codes, and complete the work...

Excerpt: ...m in Santa Clara County Superior Court, Case No 1‐09‐FL151906. Plaintiff was initially represented in the proceeding by defendant Bradford Baugh (“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 with Plaintiff's sister, Jeanne Schmidt (“Schmidt”) and her domestic partner, Kenefick, to terminate a 2014 action filed by Plaintiff against th...

Excerpt: ...��), 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 requested a five‐year term but were infor...

Excerpt: ... with members of his family and it was agreed that his eldest sibling, Sze, and his sister, Shirley, would be Plaintiff's attorneys‐ in‐fact and manage his personal and financial affairs due to his health issues. (Id.) Because of Shirley's proficiency in English, it was agreed that that she would manage a rental property (a duplex in Santa Clara) owned by Plaintiff (the “Property”). (Id.) It was further agreed that Shirley would become a ...

Excerpt: ...wner of record for the real property located at 14341 Browns Lane, Los Gatos, California. On or about October 31, 2017, Defendant ZDE Holdings, Inc became the owner of record for the real property located at 14331 Browns Lane, Los Gatos, California. The Browns Lane properties were purchased with the funds from BST. BTS is an electronics and computer recycling company started by Plaintiffs Zack and Danny Kowitz in 2015. This dispute arises out of ...

Excerpt: ...f the towing of Plaintiff's vehicle from premises owned or controlled by Defendants. Plaintiff contends his vehicle was towed without proper authorization and in violation of law. Defendants deny the tow was unauthorized or unlawful. Plaintiff served Defendants with discovery directed at obtaining certain documents relating to the relationship between Defendants and the towing company that towed his vehicle (Rebello's) As is more fully stated bel...

Excerpt: ...y chips. ATKK argues that these chips began failing, causing their switches to fail, which in turn has caused ATKK to spend substantial amounts to repair and replace the switches and to deal with customer complaints. ATKK also argues that Micron made negligent misrepresentations about the chips, and also fraudulently concealed the scope of the chip problems to, in part, induce ATKK to continue buying Micron chips. ATKK seeks millions of dollars i...

Excerpt: ...ion. According to the allegations of the operative FAC, Figuli, a licensed real estate broker, has been in business as an interior designer operating under the name and business entity Lilac & Level Interiors, LLC since 2016. (FAC, ¶ 6.) In July 2016, Figuli created a website for Lilac to help showcase her work and advertise her services and the website, as well as Figuli's presence on social media, serve as important marketing tools for her bus...

Excerpt: ...According to the 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...

Excerpt: ... in San Jose in 2000 as a seventh grader. (SAC, ¶¶ 12‐13.) Due to behavioral issues caused by hyperactivity, Plaintiff was placed in a separate classroom from his peers with several other boys under the care, control and supervision of defendant Roland Saher (“Saher”). (Id., ¶¶ 14‐16.) Saher was allegedly not sufficiently credentialed, trained and vetted for such an assignment. (Id.) Plaintiff and his classmates were physically isolat...

Excerpt: ... Complaint, in May 2016, the United States Department of the Navy (the “Navy”) issued a funding solicitation through the Small Business Innovation Research5 (“SBIR”) for an “Integrated Hybrid Structural Health Monitoring (SHM) System” for the V‐22 Osprey, a military aircraft. (Complaint, ¶ 16.) The objective of the foregoing systems was to utilize certain sensors and actuators to detect and track damages to structures. (Id., ¶ 17....

Excerpt: ...edent”) were previously joint tenants as common‐law husband and wife of real property located at 444 Bella Corte in Mountain View (the “Property”) by way of grant deed dated November 22, 2004. (FAC, ¶ 19, Exhibit A.) Decedent was hospitalized with terminal cancer from December 6, 2018 until his death on January 6, 2019. (Id., ¶ 18.) Plaintiff was by Decedent's side nearly every day during that time. (Id., ¶ 20.) On December 29, 2018, P...

Excerpt: ... of the legal services provided. The Fee Agreement, at paragraph 11 provides that: “If there are any disputes about the billing, services charged, statements, etc., Client shall promptly notify Attorney and agrees to have these matters handled by Mandatory Fee Arbitration with the county in which the matter was filed. Before any other actions are pursued by Attorney or Client, the parties agree to first mediate their differences with a Mediator...

Excerpt: ... the Complaint, Plaintiff's mother, Maria Ramirez (“Maria”), was an employee of IDT at a Salinas, California semiconductor facility when she conceived and gave birth to her him. (Complaint, ¶ 6.) During the course of her pregnancy, IDT utilized teratogenic, genotoxic, developmentally toxic, developmentally neurotoxic and reproductively toxic chemicals in the assembly and manufacture of products at its Salinas facility, and such toxicants can...

Excerpt: ...vely, “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, ente...

Excerpt: ...against various insurance companies. According to the allegations of the FAC, Plaintiff, which owns multiple rental properties in the U.S., leased one of its properties located at 1062W SR 436 in Altamonte Springs, Florida (the “Property”) to Kendal Page LLC dba Cooter Browns Bar & Grill (“Tenant”). (FAC, ¶¶ 1, 2.) The written lease executed by Plaintiff and Tenant required Tenant to purchase liability insurance and property damage insu...

Excerpt: ...complainant Sara Langton (“Sara”) and move to strike portions contained therein. I. Background A. Factual 1. Complaint According to the allegations of the Complaint, in December 1972, various individuals conveyed the property located at 448 North San Pedro Street in San Jose (the “Property”) to John Langton, Jr. (“John”) and Sara, his wife, and their son, Phillip Sydney Langton (“Phillip”), a single man, all as joint tenants via a...

Excerpt: ...cipal code. (Complaint, ¶ 5.) An administrative hearing was held before the City's Appeals Hearing Board (the “Board”). The Board ordered the Falcocchias to obtain City approval, including permits and inspections, for work done on their property. (Id.) The Board also assessed administrative costs and penalties, including $750 per day until the date of compliance, up to a maximum of $100,000. (Id.) The Falcocchias failed to comply with the Bo...

Excerpt: ...s 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 for the transaction was required to occur when a certificate of occupancy was issued, as San Jose...

Excerpt: ...d exposure to bed bugs while staying at the Santa Clara Marriott (the “hotel”). According to the allegations of the Complaint, Plaintiffs checked into the hotel on October 13, 2017, and were assigned to Room 936. (Complaint, ¶ 14.) The following two days, Plaintiffs began to itch and discovered that they had been bitten in a trail‐type formation, later identified as bed bug bites. (Id., ¶¶ 15‐16.) Ms. Saetern inspected the room and dis...