Excerpt: ...ration of the matter and staying the underlying civil action. A significant amount of time was spent litigating a discovery dispute and preparing the matter for summary judgment in the arbitration forum. However, after Tesla was found to have breached the arbitration agreement by failing to pay required fees in the arbitration forum, Murrain successfully moved to withdraw from arbitration and vacate the stay of the civil action. Murrain now moves...

Excerpt: ... purportedly illegal and wasteful expenditures of taxpayer funds by the County‐ specifically, in investigating alternate land uses for Reid‐ Hillview airport (“Reid‐Hillview” or “RHA”) that Plaintiff contends are prohibited by Federal Aviation Administration (“FAA”) grant agreements. According to the allegations of the Complaint, Reid‐Hillview has been designated by the FAA as a reliever airport for San Jose International Airp...

Excerpt: ...lting and engineering services provided by SunMan to Plaintiff in connection with the design and prototyping of a product called the safe tire gauge. According to the allegations of the complaint (“Complaint”), in 2017 SunMan and Plaintiff entered into a written agreement (the “Agreement”) in which SunMan agreed to produce ten working prototypes for Plaintiff's product, the “Safe Tire Gauge,” within 8 to 10 weeks. (Complaint, ¶ 8.) P...

Excerpt: ...ember 11, 2019, Defendant filed a demurrer to the complaint on the ground of failure to state facts sufficient to constitute a cause of action. (Code Civ. Proc., § 430.10, subd. (e).) On February 13, 2020, the demurrer was sustained with 20 days' leave to amend. Plaintiff subsequently filed a first amended complaint (“FAC”) alleging the same causes of action as the complaint on March 3, 2020. Defendant again demurred and on August 25, 2020, ...

Excerpt: ..., 2015, Plaintiff was a passenger in a vehicle being driven by Aldo Alvarez (“Alvarez”) southbound on Capitol Avenue in San Jose. (FAC, ¶ 15.) While at the intersection of North Capitol Avenue and Madden Avenue, the vehicle was struck by a VTA light rail vehicle, resulting in Alvarez's death and serious injuries to Plaintiff. Plaintiff alleges that there was inadequate signage, warning lights, gates and other safety designs present at the in...

Excerpt: ...Defendant is allegedly a sole proprietor doing business as Ryan Peacock Construction. According to the allegations of the operative First Amended Complaint (“FAC”), prior to the commencement of the instant action, NCCS's assignor, the State Compensation Insurance Fund (“SCIF”) assigned its interest in a debt accrued on an open book account for insurance premiums for the period of March 1, 2014 to January 26, 2016 for Policy No. 906334 in ...

Excerpt: ...ntained therein. I. Background A. Factual 1. Complaint This is a collection action. According to the allegations of the operative complaint (“Complaint”), on March 1, 2019, Cross‐Defendant and Pars Powers entered into a written agreement pursuant to which the former agreed to provide various services to the latter. (Complaint, ¶ 12, Exhibit A.) That same day, Patel, in his individual capacity, executed a written guarantee for the obligatio...

Excerpt: ...d harassment arising out of a landlord‐tenant relationship in an apartment complex. According to the allegations of the operative Second Amended Complaint (“SAC”), Defendants are the owner, landlord and/or property managers of the tenement located at 628 North Jackson Avenue, Apartment 10, in San Jose (the “Subject Premises”). (SAC, ¶ 5.) Francisco initially entered into a written rental agreement for the Subject Premises, which was su...

Excerpt: ... 2019, Halstead entered into a written agreement with defendant Esguerra‐Aguilar, Inc. (“Esguerra”) to provide the latter with construction services in connection with improvements for the Shapes Fitness for Women center (the “Premises”). (Complaint, ¶ 6, Exhibit A.) On July 20, 2019, Esguerra allegedly breached this agreement by failing to pay for all amounts due thereunder, and currently owes Halstead the principal sum of $327,535.50...

Excerpt: ... 2020. During the course of the deposition SO was asked about the identity of a person with whom she had consumed alcohol in the past. She identified that person by name. When asked if she knew his phone number she volunteered that it was stored on her cell phone. Nguyen's counsel asked her to look the number up and SO's counsel objected that the notice of deposition did not include a request to produce electronically stored information (ESI). CC...

Excerpt: ... Amritsar Times (the “Times”). Singh is the owner of Amritsar. According to the allegations of the Complaint, Plaintiff is the president of the 21‐member managing body of the Sikh GurdwaraSan Jose (the “temple”), one of the largest Sikh temples in North America. (Complaint, at 1.) There is an upcoming election in which certain members of the temple are seeking to elect an entirely new 21‐member slate to be the governing body of the te...

Excerpt: ... dealership. According to the allegations of the operative First Amended Complaint (“FAC”), ABS is a wholesale auto finance company who, among other things, is licensed to and does lend money to licensed auto dealers to facilitate the purchase of vehicles at auction. (FAC, ¶¶ 10‐ 11.) Under a written Automobile Finance and Security Agreement (the “Agreement”), ABS sells vehicles at auction and will fund the purchase of cars at its own...

Excerpt: ... Background A. Factual This is an action for encroachment and trespass between neighboring property owners. According to the allegations of the operative Second Amended Complaint (“SAC”), without Plaintiffs' consent, Defendants maintained a retaining wall on Plaintiffs' property (the “Property”) and refused to remove it when Plaintiffs demanded they do so. (SAC, ¶¶ 2‐3.) Defendants maintain that they were given consent to enter the Pr...

Excerpt: ...is grandfather Louis. Louis and his son Brent Bonino (“Brent”), Jeremy's uncle, co‐own LJB Farm, and the 1997 Chevy Tahoe was used for various services relating to the farm. Louis is the only insured party on the aforementioned vehicle. B. Procedural Plaintiff initiated this action on August 24, 2017. On September 14, 2020, Defendant filed the instant motion for summary judgment. Plaintiff opposes the motion. II. Defendant's Motion for Summ...

Excerpt: ...ndant entered into an agreement dated June 16, 2017 under which Varghese agreed to demolish a 20,000 square foot building in Sunnyvale and construct a new refrigerated warehouse in its place. (FAC, ¶¶ 7‐8.) Greet Well advised Varghese that time was of the essence because it was incurring the expense of two warehouses (a smaller warehouse and the new one in Sunnyvale) and business demand was growing. (Id., ¶ 9.) Pursuant to the terms of the a...

Excerpt: ... for fraud and negligent misrepresentation, among other things, arising out of business negotiations concerning the operation of a restaurant franchise. According to the allegations of the operative First Amended Complaint (“FAC”), in April 2017, CrossComplainants and defendants Nathan Van and Huong Le aka Nancy Le (collectively, “Defendants”) held themselves out to Nguyen as registered franchisors of Blackball Taiwanese dessert restauran...

Excerpt: ...nst CCS on her FACC and summary adjudication of her 28th affirmative defense in her answer to CCS's Complaint. III.Background This is an action to collect on an unpaid debt and a resulting cross‐action for unfair debt practices 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 c...

Excerpt: ...) (collectively, “Plaintiffs”). I. Background A. Factual This action arises from the alleged improper suspension of a student after an incident at Ruskin Elementary School (“Ruskin”), located within the District. According to the allegations of the FAC, on June 6, 2019, Doyle‐Jones received a call from Ruskin and was advised that her daughter Aygulina, who was in kindergarten, had been involved in an incident and she needed to come to t...

Excerpt: ...ke the doe amendment of plaintiffs Gina M. Gray and David Zamora (collectively, “Plaintiffs”). I. Background This action was initiated in April 2014 by Plaintiffs to challenge the nonjudicial foreclosure of their former property located in San Jose (the “Property”). After multiple rounds of pleadings, in January 2015 the Court sustained the defendants' demurrer to the operative second amended complaint (“SAC”) without leave to amend.1...

Excerpt: ...o are siblings, as well as Kaur, Jagdeep's wife, entered into an oral agreement to partner together to purchase an Arco consisting of a gas station and a workshop for automobile smog equipment inspection (“Arco”). (TAC, ¶ 13.) The agreement provided that: the parties would each pay $120,000 towards the purchase; Ranjit and Jagdeep1 would secure a loan for $185,000 using their house as collateral; $55,000 would be borrowed from family and fri...

Excerpt: ...on for wrongful foreclosure. According to the allegations of the FAC, on June 23, 1998, Plaintiff and his wife, Florie Flores (“Mrs. Flores”), became the owners of real property located at 4871 Poston Drive in San Jose (the “Property”). The purchase was financed with a loan secured by the Property, and they took title as “Sonny Flores and Florie Flores, husband and wife as joint tenants.” (FAC, ¶ 13; Defendants' Request for Judicial ...

Excerpt: ...) Breach of the Implied Covenant of Good Faith and Fair Dealing. All three cross‐claims are alleged against Plaintiff and the first cross‐claim for breach of fiduciary duty is also alleged against Cross‐Defendant Rao Mikkilineni (“Mikkilineni”), a former member of the Company's board of directors. The Cross‐Complaint alleges (at ¶4) that Plaintiff was the CEO and a member of C3DNA's board of directors “from April 5, 2018 through at...

Excerpt: ...contract with A‐Land Service Corp. (“A‐Corp.”) and made a payment of $20,000 (second to an initial payment of $1,000) for construction plan drawing and permits. (AC, ¶ 3.) Plaintiffs made a third payment in the amount of $38,450 for costs associated with concrete foundation work. (Id., ¶ 4.) In November 2019, the first day of physical construction at Plaintiffs' property, Defendant showed up with workers claiming that his team came to p...

Excerpt: ...be forced to leave the country if she did not pay the tuition. (Ibid.) Nguyen promised to pay Plaintiff back in four months. (Ibid.) Nguyen told Plaintiff she would be able to pay Plaintiff back because her mother deposited $400,000 in her bank account in Vietnam before she passed away. (Ibid.) In reliance on Nguyen's representations, Plaintiff loaned Nguyen $70,000 on March 28, 2018. (Ibid.) In April 2018, Nguyen told Plaintiff she needed an add...

Excerpt: ...(SAC, ¶¶ 1 15.) Plaintiff alleges that a contingent of Flyers fans in his section were unruly and rowdy, resulting in taunting between fans and beer being thrown. (Id., ¶¶ 16, 17.) Plaintiff further alleges that the Flyers fans shouted profanities at him and other Sharks fans, and that one particular Flyers fan, defendant Eric Williams (“Williams”), was encouraged by his friends to heckle Sharks fans in Plaintiff's section. (Id., ¶ 16.) ...