Excerpt: ...hat the majority shareholders in Omkar Rocklin are manipulating the books to unjustly enrich themselves at Plaintiffs' expense. Omkar Rocklin claims that Plaintiffs are simply disgruntled shareholders who are once again complaining regarding the management of the corporation. Plaintiff served discovery on Omkar Rocklin seeking information regarding the decisions being made by those in majority control. A long meet and confer process resolved the ...

Excerpt: ...x dislodged by another customer fell from the top of a shelf and struck her on the head and lower back. B. Procedural Plaintiff initiated this action on May 29, 2018, asserting claims for premises liability and negligence, and seeking to recover punitive damages. Plaintiff filed an amended complaint and after a subsequent motion to strike by Defendant was granted with leave to amend, filed the operative SAC. On September 1, 2020, Defendant filed ...

Excerpt: ...l structure were normal. (Id., ¶ 16.) Several hours later, Kitty underwent sedation for x‐rays and further examination. (Id., ¶ 17.) The x‐ray report indicated that the cat had a femur fracture, an injury unknown to Plaintiff. (Id.) The physician did not discuss the injury, which now affected Kitty's gait, with Plaintiff and there was no treatment provided. (Id., ¶ 19.) Dr. Sung falsely stated in her medical report that the injury occurred...

Excerpt: ...dge Carol Overton. Although the parties agreed to a stipulated protective order at the IDC, based the reports of both sides, the IDC was a failure in all other respects. Per this Court's orders, the two discovery matters are now before the Court for decision. BACKGROUND This case arises out of a contract dispute between 10:07 and Fab Ex. 10:07 claims to be owed $233,407 under a written contract with Fab Ex. 10:07 filed suit against Fab Ex allegin...

Excerpt: ...ve for summary judgment, or in the alternative, summary adjudication, in their favor and against plaintiffs Gina M. Gray (“Gray”) and David A. Zamora (“Zamora”) (collectively, “Plaintiffs”). IV.Background C. Factual This is a wrongful foreclosure action. On August 2, 2005, plaintiffs Gina Gray and David Zamora (collectively, “Plaintiffs”) were granted, by grant deed, a fee simple interest in property located at 5850 Cannes Place i...

Excerpt: ...otion. Background This Motion arises out of a highly contentious dispute over the management of real property located in the City of San Jose (the Property). The property was owned jointly by Cace's predecessor in interest Patricia Jerkovich and Kinslella's predecessor in interest Ignatius Azarello. Jerkovich sued Donna Kinsella, and her father Ignatius Azarello in San Diego County over disputes regarding the management of the property (the Compl...

Excerpt: ...his vehicle was towed without proper authorization and in violation of law. Rebellos denies that the tow was unauthorized or unlawful. Plaintiff served Rabello with discovery directed at obtaining whatever documents exist that authorized towing of his vehicle, documenting communications between Rebellos and Anton La Moraga LLC (La Moraga) and its associates regarding the authorization to tow Plaintiff's vehicle and any tow receipts signed at the ...

Excerpt: ...endant, the owner of the subject property (the “Property”) and Agnews entered into a written agreement entitled “Standard Offer, Agreement and Escrow Instructions for Purchase of Real Estate” (the “Agreement”), whereby Agnews agreed to purchase and Defendant Agreed to sell the Property for a price to be determined as $350,000 per residential unit approved by the City of Santa Clara, with a minimum of six approved Market Rate Residenti...

Excerpt: ...USI's Vice President and one of Plaintiff's supervisors, began a campaign of daily harassment toward Plaintiff and made harassing comments about him to other employees, which continued until Plaintiff was terminated. (Id., ¶ 8.) Huynh commented that Plaintiff was getting too old to work for USI and called him “chief” or “Indian,” which were demeaning to Plaintiff, a man of American Indian decent/ancestry. (Id.) USI's President, John Bodo...

Excerpt: ...C. Factual This action arises out of the foreclosure of real property located in Milpitas (the “Property”) that was used to secure a loan to build a condominium complex on the Property. Plaintiffs maintain that the Defendants devised a predatory lending scheme to defraud them. According to the allegations of the Complaint, Eighty‐Eight owns the Property and on November 6, 2018, defendant GreenLake Real Estate Fund LLC (“GreenLake Real Est...

Excerpt: ...rings was served on Plaintiff March 2, 2021. Plaintiff's Responses to Defendant's motions were due April 7, 2021. Plaintiff did not file a timely opposition. On April 8, 2021 Defendant filed notice of Plaintiff's non opposition to all of the pending motions. That same day, Plaintiff filed a single opposition paper that the Court interprets as being made in opposition to all of Defendant's motions. Having considered all of the papers in support an...

Excerpt: ...d opposing parties Corinna Reyes and Golden State Care Collective, (Reyes) filed a single memorandum of Points and Authorities in opposition to both motions. The Court will follow Plaintiffs' example and combine its ruling into a single document with separate findings and orders for the two motions. BACKGROUND These motions arise out of a landlord tenant dispute. Kruger was Reye's landlord and Rothbard was Kruger's attorney. Kruger sought to evic...

Excerpt: ...e and Lee Nora Filice (the “Filices”), grantors, and the State of California (the “State”), as grantee, executed a Grant Deed (recorded April 29, 1958) (the “Grant Deed”), which effectuated three transfers of various interests in real property owned by the Filices (the “Original Filice Land”). (Complaint, ¶¶ 26‐27 and Exhibit 4.) The first transfer was of a fee interest in “Parcel 1” from the Filices to the State and was m...

Excerpt: ...hristina, westbound on Highway 92 when a vehicle driven by Defendant, who was heading eastbound, suddenly swerved, crossing over the double yellow center lines and striking Plaintiffs' vehicle head‐on. Plaintiffs suffered serious injuries as a result. Plaintiffs allege that Defendant was intoxicated at the time of the incident and consumed alcohol knowing that he would subsequently being operating a motor vehicle, and thus exhibited a conscious...

Excerpt: ...roup of San Jose, Anesthesia Medical Group of Santa Cruz and Lisa Ferguson, M.D. According to the allegations of the operative Second Amended Complaint (“SAC”), Plaintiff had an appendectomy in December 2016. (SAC, ¶ 10.2.) One month later, she began experiencing severe pain and gastrointestinal distress. (Id., ¶¶ 10.8‐ 10.12.) To address her symptoms, she underwent another procedure at the end of January 2017. (Id., ¶ 10.17.) During th...

Excerpt: ...al Notice of Pleadings filed in the instant action. Evidence Code section 452(d), provides that the Court may take judicial notice of “[r]ecords of any court of this state.” Section 452(d) permits the trial court to “take judicial notice of the existence of judicial opinions and court documents, along With the truth of the results reached—in the documents such as orders, statements of decision, and judgments ....” When the adverse party...

Excerpt: ...and Nulman were married in May 1992 and on June 17, 2019, Plaintiff filed for divorce in family court (the “Dissolution Action”). (Complaint, ¶ 8.) Unbeknownst to Plaintiff until recently, Nulman has been engaged in a long‐standing scheme to steal their community property assets and hide them from her. (Id., ¶ 9.) Plaintiff pleads examples of Nulman's alleged deception, and alleges on information and belief that the purported scheme is no...

Excerpt: ...laintiff was employed as CEO of Pi and its wholly owned subsidiary, Social, which was engaged primarily in the creation and management of a mobile application involving blockchain technology. (AC, ¶¶ 2, 6, 8, 9.) Kokkalis and Fan were employed by Social as its Chief Technology Officer and President, and Chief Product Officer, respectively. (Id., ¶ 9.) Plaintiff, Kokkalis and Fan, who are husband and wife, cofounded Pi and agreed to split owner...

Excerpt: ...iety of reasons. First, the Court is troubled that Plaintiff made her motion without making a reasonable attempt to meet and confer with Defendant. Plaintiff's single letter threatening a motion to compel falls far short of the requirement to seriously attempt to resolve the discovery dispute prior to the making of a motion. “A reasonable and good faith attempt at informal resolution entails something more than bickering with [opposing] counsel...

Excerpt: ...mmary adjudication in its favor on SJN's FAC. I. Background A. Factual This is an action to compel an accounting by partnerships that are in the midst of dissolving and winding up. According to the allegations of the FAC, this lawsuit pertains to the development and sale of a mixed‐use development in San Jose. (FAC, ¶ 12.) Plaintiff SJN is mostly comprised of long‐time business owners and civic‐minded citizens of Japantown in San Jose. (Id...

Excerpt: ...meowner Bill of Rights (the “HBOR”), among other things. According to the allegations of the Complaint, 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...

Excerpt: ...he allegations of the Complaint, on July 5, 2019, Plaintiff contacted the Intero Defendants about the Property, which was listed on MLS and advertised by defendants Patrick and Carol Davis as sellers and the Intero Defendants as listing agent and brokers for the sellers. (Complaint, ¶ 13.) The Property was advertised as a singlefamily home with a detached garage and an accessory dwelling unit (“ADU”) comprised of a detached 1 bedroom, 1 bath...

Excerpt: ... Hoffman (“Hoffman”) and Professional Association Services, Inc.'s (“PAS”) demurrer to the SACC and motion to strike portions contained therein; (3) cross‐defendants Richard P. Riley (“Riley”) and Riley Pasek Canty LLP's (“RPC”) demurrer to the SACC and motion to strike portions contained therein; and (4) cross‐ defendants Posard Broek + Associates (“Posard”), Adam Posard, Onne Broek, John Drake and Lynn Htut's (collective...

Excerpt: ...le‐family residence and separate garage in Los Gatos (the “Residence”) and the alleged defective work performed. According to the allegations of the Complaint, on February 18, 2004 Shann,1 in his capacity as trustee of his own revocable trust, acquired title to the property on which the Residence was to be constructed, which included taking ownership of approved plans and other construction documents, as well as assumption of the existing c...

Excerpt: ... allegations of the operative SAC, the properties at issue are 6087 Emlyn Court (the “Emlyn Court Property”) and 1408 Via Del Los Grande (the “Grande Property”). (SAC, ¶ 12.) Plaintiff and her son, Homan,1 purchased the Grande Property in August 2004, with title taken in both of their names. (Id., ¶ 13.) Homan was unable to purchase the property on his own and therefore part of the purchase was financed with $100,000 that was borrowed a...