Excerpt: ...plied Covenant of Good Faith and Fair Dealing; 7) Violation of Civil Code §1708; 8) Unjust Enrichment; 9) Violation of Business and Professions Code §17200; 10) Negligence, and; 11) Violation of the Rosenthal Fair Debt Collection Practices Act (“RFDCPA,” Civil Code §1788, et seq.) against several named defendants and Does. Currently before the Court is the demurrer to the Complaint by Defendants Superior Loan Servicing, Jimmy Hui, Roller P...

Excerpt: ...s in Vietnam Town, a commercial plaza in San Jose. According to the allegations of the TAC, 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 cost of $615,000. (TAC, ¶ 7, Exhibit A.) On January 24, 2005, Diem Thi Hang and Tai Hung Trinh entered into an agreement with TWN to purchase of one of the units. (Id., ¶ 8.) On...

Excerpt: ...San Jose in 2000 as a seventh grader. (FAC, ¶¶ 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 isolated f...

Excerpt: ...the Complaint, on March 16, 2018, Med Mar and Plaintiff entered into a written contract (the “Agreement”) whereby the former agreed to purchase various products containing cannabidiol (“CBD”) from the latter. (Complaint, ¶ 24.) Med Mar was to prepay Plaintiff 25% for all products ordered with the balance due within 15 days of Med Mar's receipt of the products. (Id.) On April 24, 2018, Defendants represented to Plaintiff in writing that M...

Excerpt: ...request[] that a crime be investigated” and “the alleged perpetrator of the crime be prosecuted.” (Complaint, Ex. F.) On August 13, 2015, the manager of the Public Inquiry Unit of the Office of the Attorney General responded by letter to Plaintiff's request, indicating that if Plaintiff had information about a crime, she should file a report with the police or sheriff's department in the area where the crime occurred. (Ibid.) The manager's ...

Excerpt: ...r company plaintiff Pachira, LLC, originally purchased the real property from defendants Edwin and Jemelle Maspat and the operating business (defendant Allied Care, LLC) from the Maspats and defendant Carolina Dizon (“Dizon”) in 2015. But the facility was not as profitable and as scalable as Li was promised. After discovering the fraud in 2018, Li settled her claims against the parties that facilitated and brokered the transaction, namely def...

Excerpt: ..., ¶¶ 6, 12.) Tuyet and coworker and cross‐defendant Thy Vo (“Vo”) then scratched off numbers off one of the tickets which was not a winner. (See FAXC, ¶ 12.) Vo then asked Binh for permission to scratch off another ticket, and Vo scratched off the ticket, which was a winning ticket for $750,000. (Id.) Vo gave the ticket back to Binh, who presented it to the cashier and received a claim receipt stating that he won $750,000. (Id.) Binh sub...

Excerpt: ... predecessor in interest, and it operated a drugstore at the leased premises for many years (most recently under the name CVS). In April 2016, in contemplation of relocating this drugstore, Longs executed a sublease with plaintiff Goodwill of Silicon Valley (“Goodwill”). (Compl., ¶ 7.) Longs and Goodwill agreed Goodwill would take over the space when Longs finished relocating its drugstore. (Compl., ¶ 7.) Two years later, in early 2018, Lon...

Excerpt: ...e underlying complaint (“Complaint”) filed by the City, the Falcocchias engaged in unpermitted work on their residential property in violation of the City's municipal 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 adm...

Excerpt: ...ons 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: unpermitted constructio...

Excerpt: ...Complaint, ¶¶ 7‐8.) Plaintiff and Enrique separated as a married couple on March 14, 2004. (Id., ¶ 8.) At that time, although Enrique's name remained on the deed, the parties agreed that pursuant to their marital separation, and as a full and complete settlement of their marital estate, Plaintiff would become the sole owner of the Property. (Id.) The parties further agreed that until the deed was changed, Enrique would hold the Property in t...

Excerpt: ...ations of the FAC, on February 5, 2018, Plaintiff was called out to perform repairs on a toilet by Defendants' tenant, Kimberly Livette Wilkerson (“Wilkerson”). Defendant tenant Alirio Barahona (“Barahona”) then allegedly permitted another tenant to physically batter and assault Plaintiff and then assaulted Plaintiff himself, causing him injuries. Plaintiff alleges that Defendants “negligently operated and maintained their rental proper...

Excerpt: ...gful death arising out of a multi‐vehicle accident in Gilroy. According to the allegations of the Complaint, on January 12, 2018, the alleged negligent operation of vehicles driven by defendants Levi Jonathan Posadapayes (“Posadapayes”) and Gabrielle Freedom (“Freedom”) resulted in the death of decedent Efrain Moreno Barron (the “Decedent”), also driving a vehicle, when they collided at the intersection of State Route 25 and Bolsa R...

Excerpt: ...on September 16, 2017. (Cross‐Compl., ¶ 5.) At the event, Carpenter attacked McCormack by jumping onto his back. (Cross‐Compl., ¶ 6.) McCormack had “to use physical force to defend himself and to remove [Carpenter] from his body.” (CrossCompl., ¶ 6.) On this basis, McCormack asserts a single cause of action against Carpenter for battery. McCormack alleges Carpenter intended to harm him and acted “with a willful and conscious disregar...

Excerpt: ...cussions with the principals of Vallco Shopping Mall, LLC (“VSM”), owners of real property known as the Vallco Fashion Mall located at 10123 North Wolfe Road in Cupertino (“Subject Property”), to exclusively represent VSM in connection with the sale of the Subject Property. (SAC, ¶¶7 – 8.) On or about August 2, 2011, VSM and plaintiff Nguyen entered into an exclusive right to sell agreement entitled “Owner‐Broker Agreement‐Vallc...

Excerpt: ...nd advertises himself as an expert in Silicon Valley real estate as a means to solicit new clients. (Complaint, ¶9.) Plaintiffs Bihn Nguyen and Tien Thi Nguyen (“Plaintiffs”) retained defendant Thuan as a broker/agent for the purchase of property located at 842 Green Street in East Palo Alto (“Subject Property”) in or around July 2014. (Complaint, ¶11.) Defendant Thuan enticed Plaintiffs by marketing the Subject Property as having a “...

Excerpt: ...f their mother, Linda Balangue (“Decedent”), who died on October 26, 2016. (First Amended Complaint (“FAC”), ¶1.) Decedent was a resident of, among others, defendant Milpitas Care Center (“MCC”) from April 2016 to July 2016. (FAC, ¶¶2 and 5.) During their care and/or custody of Decedent, defendant MCC failed to develop and implement adequate skin integrity and infection control/ monitoring measures, which resulted in Decedent susta...

Excerpt: ...lusion Labs, Inc. dba WeTrust (“Finclusion”) creates decentralized, peer‐to‐peer financial solutions that promote financial inclusion. (Second Amended Complaint (“SAC”), ¶¶1, 7, and 10.) In February 2017, soon after Finclusion's inception, defendant Merom emailed co‐founders Li and Long stating his intent to step down. (SAC, ¶12.) For a brief time thereafter, defendant Merom appeared to have recommitted to Finclusion. (SAC, ¶13....

Excerpt: ... that the causes of action in Plaintiff's Complaint arise out of, or are directly related to Plaintiffs former employment with Defendants. On June 6, 2017, when Plaintiff was hired by Defendant, Plaintiff signed a document entitled "Mediation and Arbitration Agreement" (hereinafter “Arbitration Agreement”). Defendant contends that by signing the Arbitration Agreement Plaintiff agreed to arbitrate any and all claims arising out of her ...

Excerpt: ... The PPA contains an arbitration clause which is said to apply to all claims, controversies, or disputes arising out of or relating to the PPA or any aspect of the relationship between Muller and Vivint Solar. (Brown Decl. Ex. A, at § 4.)) The arbitration clause states as follows: You and We agree to arbitrate all disputes, claims and controversies arising out of or relating to (i) any aspect of the relationship between You and Us, whether based...

Excerpt: ...l Building located at 280 South 1st Street, San Jose to attend an appointment at the Social Security Administration Office. (Id.) On his way out of the building, plaintiff Rabieh accidentally exited an emergency exit door, which sounded an alarm. (Id.) One of the security guards, defendant Mario Ayala (“Ayala”)—an employee of defendant Paragon Systems, Inc., dba Parasys, Inc. (“Paragon”)—asked plaintiff Rabieh to re‐enter the buildi...

Excerpt: ...ion of the FAC. Factual and Procedural Background Plaintiff initiated this action against Defendants in November 2013, by filing a complaint for breach of contract, negligence, fraud, and violations of Business and Professions Code sections 9884.8 and 9884.9 (governing invoices and written estimates, respectively, by auto repair dealers). Plaintiff alleged that Defendants breached a contract to repair and restore his 1959 Austin Healey vehicle. S...

Excerpt: ...d This is an action for breach of contract, fraud, and negligence. On July 30, 2015, Plaintiffs Hui Yang (“Yang”) and Ran Hu (“Hu”) (collectively, “Plaintiffs”) purchased property located at 1838 Charmeran Avenue, San Jose, California from defendants Hur Ling Hsiu and Hetty Teh Sun Hsiu (collectively “the Sellers”). (Complaint, ¶¶ 2, 5‐6, 7‐8, 17, 26, 28, & 51.) Ting, a licensed real estate agent, represented the Sellers. (I...

Excerpt: ... Decedent's wallet to that effect and Plaintiffs do not dispute that the note was in Decedent's handwriting). Decedent survived the initial impact but died of his injuries at the hospital a few hours later. Plaintiffs' original and still operative Complaint filed November 10, 2015 states five causes of action: 1) Wrongful Death; 2) Negligence /Motor Vehicle (alleging Defendant violated Vehicle Code §21950); 3) Negligence Per Se; 4) Loss of Conso...

Excerpt: ...documents, set two (“RPD”), and for an award of monetary sanctions; and (3) the motion by Abdo to compel Wells Fargo to provide further responses to requests for admission, set two (“RFA”), form interrogatories, set two (“FI”), and special interrogatories, set one (“SI”), and for an award of monetary sanctions. Factual and Procedural Background The underlying action in this case arises from a loan whereby plaintiff Westlake Floori...