Excerpt: ...nt's predecessors‐in‐interest for a building located at 3379 and 3385 El Camino Real, Santa Clara, California (the “Premises”). (FAC, ¶ 1.) The lease term was July 1, 2018 to June 30, 2023. (Ibid.) The Premises were leased for the purpose of selling grocery foods. (Ibid.) Plaintiffs renovated the Premises to include a small restaurant, which cost approximately $500,000 and increased the property value of the Premises. (Ibid.) In March 20...

Excerpt: ...rom production and stating the factual basis supporting the privilege claim for each document. The motion is opposed by Pure Storage. DISCUSSION A. Legal Standard The party to whom the CCP § 2031.010 demand is directed must respond separately to each item in the demand with: 1) a statement that the party will comply by the date set for inspection with the particular demand for inspection, testing, etc.; 2) a statement that the party lacks the ab...

Excerpt: ...migrated to the United States in 1988 to escape civil war, joined the San Jose Police Department (“SJPD”) in 1996. (Complaint, ¶¶ 5‐6.) Following the terrorist attacks of September 11th, Plaintiff's co‐workers at the SJPD began to subject him to unlawful and extreme harassment and discrimination on the basis of his race, national origin and religion. (Id., ¶ 7.) This harassment and discrimination persisted, increasing in severity over ...

Excerpt: ...ise provided by statute, if a party against whom a complaint has been filed and served fails to allege in a cross‐ complaint any related cause of action which (at the time of serving his answer to the complaint) he has against the plaintiff, such party may not thereafter in any other action assert against the plaintiff the related cause of action not pleaded. CCP § 426.50 provides that: “A party who fails to plead a cause of action subject t...

Excerpt: ...rovided to Plaintiff, the parties entered into a contractual relationship. (Complaint, ¶¶ 7‐8.) On April 27, 2021, SCU required its students to receive the COVID‐19 vaccination, a condition that Plaintiff complied with. (Complaint, ¶ 16.) On January 7, 2022, Defendant imposed an additional requirement on its students that they receive a COVID‐19 booster as a condition of enrollment. (Id., ¶ 18.) Plaintiff did not consent to or comply wi...

Excerpt: ...set of special interrogatories, provide copies of all tax returns she has filed over the last five years, and the payment of sanctions in the amount $4,800 for attorney's fees and $180 for costs. Although Defendant does not dispute the existence of the orders nor her lack of compliance, Defendant asks the Court to deny Plaintiff's motion and to impose monetary sanctions on Plaintiff. DISCUSSION A. Legal Standard CCP § 2031.310(i) provides in per...

Excerpt: ...IO. (Complaint, ¶ 2.) After having been employed by XPT Ltd since mid to late 2016, Plaintiffs were forced by XPT Ltd to sign new employment contracts on June 1, 2018. (Complaint, ¶ 19.) The new contracts purported to change the nature of their employment from employee to independent contractors, however, only their compensation changed as the terms and conditions of their employment remained the same. (Ibid.) In August 2019, XPT Ltd's Chief Ex...

Excerpt: ...rative First Amended Complaint (“FAC”), BAAC and Feng entered into a written and oral agreement (the “Agreement”) pursuant to which BAAC agreed to furnish labor, services, equipment and materials in connection with a construction project at a property located at 1540 Finley Road in Pleasanton in exchange for payment. (FAC, ¶ 10.) BAAC performed all of its obligations under the Agreement but Feng failed to pay all amounts due and owing, t...

Excerpt: ...brief withdraws the motion to compel as to request Nos 11, 36, 37 and 54.2 DISCUSSION A. Legal Standard The party to whom a request for production of documents has been directed can make one of three responses: (1) a statement that the party will comply with the particular demand, (2) a representation that the party lacks the ability to comply, or (3) an objection. CCP §2031.210(a). When the party complies, the required responsive statement is c...

Excerpt: ...pany and a subsidiary of CSC Group. (TAC, ¶ 2.) In April 2015, Wu was hired by CSC Group. (TAC, ¶ 11.) She was elected a member of the Board of Directors, where she remained until September 2020. (Ibid.) On May 20, 2015, CSC Group established CSC Group International Corp. (“CSC International”), which was Hone Capital's predecessor company. (TAC, ¶ 12.) CSC International was to be used for investing venture capital in early‐stage technolo...

Excerpt: ...ve relief. According to the allegations of the operative complaint (“Complaint”), Plaintiffs and Defendants reside in neighboring homes in the City of Los Altos. (Complaint, ¶¶ 2‐3.) Defendants installed two heating/air conditioning pumps in the side yard of their property which are 16‐17 feet from Plaintiffs' primary bedroom. (Id., ¶ 4.) The noise and vibrations which emanate from the units are so loud and disturbing that they awaken ...

Excerpt: ... (“SCU”) that is owned by the City and non‐party Valley Transportation Authority (“VTA”). According to the allegations of the operative FAC, after a year of in‐person meetings and conversation with City officials, members of the VTA, SCU representatives and community leaders, on May 31, 2017, Richard Kramer (“Kramer”), Chairman of the family of companies that includes Plaintiff, sent the City a letter detailing a proposal for Plai...

Excerpt: ...o the allegations of the operative Complaint, on January 3, 2019, Defendants entered into a written agreement with Plaintiff to open a checking account. (Complaint, ¶ 10, Exhibits 1 and 2.) On February 4, 2022, Defendants had on deposit with Plaintiff a balance of $0.22. (Id., ¶ 11.) Defendants subsequently made eight deposits to the account totaling $8,000 with money orders that were initially accepted by Plaintiff but thereafter rejected as f...

Excerpt: ...ply DISCUSSION A. Legal Standard CCP § 2017.010 provides that: Unless otherwise limited by order of the court in accordance with this title, any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action or to the determination of any motion made in that action, if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discover...

Excerpt: ...�). (Cause of Action‐General Negligence, GN‐ 1.) He operated a bicycle on or about a sloped loose surface of a designated path linking structures causing the thin tires to lose stability, fall, and cause seriously bodily injury. (Ibid.) Defendants, and each of them, negligently owned, designed, constructed, managed, maintained, and repaired the Premises and negligently designed, constructed, furnished, maintained, warned, failed to warn, and ...

Excerpt: ...Wu (Wu) and Purvi Gandhi (Gandhi) oppose the motion. DISCUSSION A. Legal Standard Code of Civil Procedure § 473 permits a court, “upon any terms as may be just, [to] relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” CCP § 473, subd. (b). The provisions of section 473 should be liberally ...

Excerpt: ...d on 9/8/21. The matter was last on calendar on 2/8/22 but was taken off calendar subject to being reset and finally set for hearing today. DISCUSSION A. Legal Standard The party to whom a request for production of documents has been directed can make one of three responses: (1) a statement that the party will comply with the particular demand, (2) a representation that the party lacks the ability to comply, or (3) an objection. CCP §2031.210(a)...

Excerpt: ...ations under the Court's orders. DISCUSSION C. Legal Standard In the discovery context, the general rule is that sanctions may be imposed only to the extent authorized by statute. (See Code Civ. Proc., § 2023.030 [a court may impose sanctions for discovery abuse “[t]o the extent authorized by the chapter governing any particular discovery method or any other provision of this title”].) “This means that the statutes governing the particular...

Excerpt: ...nt (“FAC”), ¶ 3.) Mei,5 Sherry's mother, as trustee of the Mei Haw Survivors Trust (the “Survivors Trust”), presently holds a 100% record title interest in the Sheridan Property. (Id., ¶ 6.) Sherry contends that she owns a 44.5% interest in the Sheridan Property as a tenant‐in‐common with her mother, who owns the remaining 55.5%. (Id.) On July 18, 2008, Sherry entered into a Real Estate Joint Ownership Agreement (the “Sheridan Agr...

Excerpt: ... to the allegations of the Complaint, on May 19, 2017, Plaintiff received emails from Greymont regarding the opportunity to lend money and receive interest, secured by a trust deed on title to 95 East Hamilton Avenue, Campbell, California (the “95 Hamilton Loan”). (Complaint, ¶ 18.) Plaintiff contacted Greymont regarding the 95 Hamilton Loan. (Ibid.) Greymont initiated the loan process, soliciting investment from Plaintiff, and managing the ...

Excerpt: ...ther wage and hour violations. Now before the Court is Plaintiffs' motion for preliminary approval of a settlement, which is unopposed. As discussed below, the Court is inclined to grant preliminary approval, subject to the parties' agreement to amend the releases to conform with Amaro v. Anaheim Arena Management, LLC (2021) 69 Cal.App.5th 521 (Amaro). I. BACKGROUND A. The Chavez Action As alleged in the operative complaint in the lead action (Ch...

Excerpt: ... and Samih Stephan (“Samih”) (collectively, “Plaintiffs”) and move to strike portions contained therein. I. Background A. Factual This action arises out of a dispute between tenants at a mobile home park and the lessors/properly owners. According to the allegations of the operative Complaint, Plaintiffs are homeowners and residential tenants of the Town & Country Mobile Village (the “Village”) in San Jose, a mobile home park. (Complai...

Excerpt: ... who previously represented Defendants in this same action, has recently joined the Janfaza Firm. The motion is not opposed as to Toma, but is opposed by the Janfaza Firm. DISCUSSION A. Legal Standard “Whether an attorney should be disqualified is a matter addressed to the sound discretion of the trial court. [Citations.] In exercising that discretion, the trial court is required to make a reasoned judgment which complies with the legal princip...

Excerpt: ...�Complaint”), on November 19, 2017, Chiu was piloting a Cessna aircraft, with Tseng as his passenger, when its engine stopped operating suddenly and without warning, causing the plane to crash and injure Plaintiffs. (Complaint, ¶ 10.) Plaintiffs allege that the engine stoppage and resulting crash was due to the negligence of the defendants in the maintenance, control, repair or rental of the aircraft. (Id.) B. Procedural Based on the foregoing...

Excerpt: ...y company and a subsidiary of China Science and Merchant Investment Management Group Co. Ltd. (“CSC Group”). (TAC, ¶ 2.) In April 2015, Veronica Wu (“Wu”) was hired by CSC Group. (TAC, ¶ 11.) She was elected a member of the Board of Directors, where she remained until September 2020. (Ibid.) On May 20, 2015, CSC Group established CSC Group International Corp. (“CSC International”), which was Hone Capital's predecessor company. ((TAC...