Excerpt: ... of 2020, Plaintiff connected with a woman on Match.com who claimed she was an American citizen named “Becky Coons” who was working as an orthopedic surgeon in South Sudan for the U.N. (Id. at 4:3‐5.) She further represented that her teenage son, who was studying in Ghana from a U.N. referral, was in the hospital for injuries suffered from an automobile accident and requested financial assistance from Plaintiff to pay for his treatment. (Id...

Excerpt: ...hase 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 to the issuance of a certificate of occupancy. (Id., ¶ ...

Excerpt: ...he 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: unpermitted construction and/or...

Excerpt: ...f 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, Plaintiff, who by that time was on morphine and sleeping most of the day, w...

Excerpt: ...he allegations of the Complaint, Plaintiff is a provider of hazardous waste disposal services, specializing in non‐hazardous and hazardous waste management, from collection to recycling, leading to the final recovery of waste as materials or energy. (Complaint, ¶¶ 1, 37.) In connection with damage to its facility from the 2017 Tubbs Fire, a long‐time client of Plaintiff (“Client”) contracted with the company to transport and dispose of ...

Excerpt: ... “two‐part” examination. The first part to be conducted by Joanna L. Berg. Ph.D., Neuropsychologist and the second part to be conducted by Dr. Steven McIntire, M.D., Neurologist. Plaintiff has consented to undergo a mental examination by Dr. Berg and a corollary physical examination by Dr. McIntire. Defendants originally filed this motion with two points of contention: (1) the scope of Dr. McIntire's examination and (2) whether Dr. McIntire...

Excerpt: ... School District (“MPESD”). According to the allegations of the Complaint, MPESD 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. (Complaint, ¶ 4.) Defendant Edgar Covarrubias‐ Padilla (“Padilla”) was em...

Excerpt: ...ed by Char and De Dely and questioned about her toxicity level. (FAC, ¶ 11.) Plaintiff alleges that Char and De Dely “negligently assessed the circumstances presented to them, and violently confronted and unjustifiably detained Plaintiff without probable cause or reasonable suspicion that Plaintiff had committed a crime, or would commit a crime in the future.” (Id.) Char and De Dely allegedly, and without warning, handcuffed Plaintiff with s...

Excerpt: ...se” agreement (the “Lease”) with Menlo for the rental of 9,108 square feet of commercial office space in a building located in Mountain View (the “Premises”). (FAC, ¶ 11, Exhibit A.) On January 24, 2017, the parties entered into a First Amendment to Office Lease which provided that the Lease commenced on January 11, 2017, and set forth an specific expiration date. (Id., ¶ 13.) Plaintiff's use of the Premises is restricted to specific ...

Excerpt: ...ms to have sustained “various injuries to various parties of his body, including, but not limited to, his head, neck, upper right extremity, left should, upper back, mid‐back, and low back. He claims to have suffered a concussion as a result of the accident. On August 18, 2020, Plaintiff underwent an IME at Defendants' request at the hands of orthopedic surgeon, Dr. George D. Picetti, M.D. Dr. Picetti's examined Plaintiff for complaints of ne...

Excerpt: ...iety of agreements between parties to purchase commercial real estate. Ly is alleged to have engaged in a scheme with Tai Hung Trinh to defraud buyers of commercial condominiums in Vietnam Town, a commercial plaza in San Jose. According to the allegations of the 4AC, on October 8, 2004, Plaintiff entered into five written agreements with TWN Investment Group, LLC (“TWN”) to buy five commercial condominium units at Vietnam Town for a total cos...

Excerpt: ...in defendant Mount Pleasant Elementary School District (“MPESD”). According to the allegations of the Complaint, MPESD contracted with 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. (Complaint, ¶ 4.) Defendant Edgar Covarrubias‐Padilla (“Padilla”) was employed by SCCOE and ...

Excerpt: ...llege that a building Konigsreiter once owned at 620 Emerson Street (the “Property”) was torn down because the City issued a demolition permit to a developer who did not own it. Konigsreiter “claims ownership and lawful possession of the parcel and building which was demolished located at 620 Emerson Street, Palo Alto CA 94301, with the APN number 120‐27‐25‐00.” (SAC, ¶ 8.) The demolition occurred between December 21, 2018 and Janu...

Excerpt: ...t 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 Municipal Code § 24.02.61(A) prohibited usage or occupancy of the Property pr...

Excerpt: ... any type, including handwritten, typewritten, printed, photocopied, photographs, Whether available on paper or stored electronically, which evidence payments of money by LORIE WILLIAMS or any entity in which she is a principal agent for, to attorney David Kraft, including but not limited to copies of all checks made payable to David Kraft between January 1, 2013 and December 3 1, 2018. The Motion is GRANTED. Other than for Attorney Client privil...

Excerpt: ...ection of conversations they had with Defendants and their agents on specified dates. Defendants seek orders of the Court compelling plaintiffs to further respond to the interrogatories listed below. Plaintiffs provided identical responses to each of the disputed interrogatories, so their single response is reproduced at the end of the list of interrogatories. SPECIAL INERROGATORIES. SET ONE. TO PRAICHEE JAIN. NOS. 47‐61; INTERROGATORIES AND RE...

Excerpt: ... of the properties the parties own together. The Clara Property has now been sold by the Court Appointed Referee. Remaining for determination (in this case) are claims for attorney's fees and ouster damages. Defendant brings this motion claiming that Plaintiff and her counsel engaged in deliberate efforts to interfere with and disrupt Defendant's ability to take Plaintiff's deposition. Among other things, Defendant contends that, encouraged by he...

Excerpt: ...enning Marahrens (“Henning”) to serve as a full‐time caregiver for their elderly mother, Irene Marahrens (“Irene”).6 According to the allegations of the Complaint, on December 24, 2019, Plaintiff signed an employment agreement with Regina or Henning to care for their mother in her home in Campbell. (Complaint, ¶ 9.) Although Regina had originally claimed that her mother could use the toilet on her own, this was not the case, and Plaint...

Excerpt: ...t, in December 1972, various individuals conveyed 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 an Individual Joint Tenancy.3 (Complaint, ¶ 12, Exhibit B.) In February 1990, Sara and John, as joint tenants, conveyed their interest in the Property to themselves as community property through an interspousal transfer deed. (Complaint, ...

Excerpt: ...the statutory time limit. Defendant eventually retained counsel who promised to respond to discovery and asked for additional time. Plaintiff granted additional time to respond on several occasions. Eventually Plaintiff filed the instant motion to compel. Plaintiff's Motion is GRANTED. Defendant is ordered to provide code compliant responses and responsive documents, without objections to Request for Production of Documents Set 1, within 20 days ...

Excerpt: ...ng it to collide with a traffic pole located at the intersection of Tisch Way, Winchester Boulevard and Interstate‐280 in San Jose, which was owned and maintained by the City. (SAC, ¶ 14.) The collision resulted in damage to the traffic pole in the amount of $19,567.53. (Id., ¶ 16.) Defendant was allegedly legally intoxicated when the collision occurred. (Id., ¶ 19.) B. Procedural The City initiated this action in May 2020 and filed the Firs...

Excerpt: ...laintiff's example and analyze the five motions together with separate findings where needed for each motion. BACKGROUND The instant action arises out of the sale of real property and the construction of a residence in the City of San Jose. Plaintiff's third amended complaint alleges causes of action for Deceit; Conspiracy; Aiding and Abetting Deceit, Intentional Interference with Economic Advantage, Negligent Interference with Economic Advantage...

Excerpt: ...sts and for exceeding the limit of allowed discovery. The Motion is jointly opposed by all Defendants. BACKGROUND The instant action arises out of the sale of real property and the construction of a residence in the City of San Jose. Plaintiff's third amended complaint alleges causes of action for Breach of Contract; Breach of Contract of The Implied Covenant of Good Faith and Fair Dealing against Defendant Taylor Morrison, Deceit; Conspiracy; Ai...

Excerpt: ...elonging to the District. According to the allegations of the SAC, all Plaintiffs are currently over the age of 39 and attended Cinnabar Elementary School (“Cinnabar”) at various times from 1978 through 1981, when the events at issue allegedly occurred. (SAC, ¶¶ 2, 4‐7.) During that time, defendant Dennis Thomas (“Thomas”) was employed as a teacher at Cinnabar, and allegedly sexually assaulted each of the plaintiffs on school grounds....

Excerpt: ...uiet title to property, among other things. According to the allegations of the First Amended Complaint (“FAC”), on August 17, 2016, defendant Kowitz Family Trust‐1 (the “Trust”) became the owner of real property and improvements located at 14341 Browns Lane in Los Gatos (“Property 1”). (FAC, ¶ 10.) The Trust is a Revocable Living Trust formed by defendant Michael David Kowitz (“Michael”)1 as grantor, settlor and trustee, purpo...