Excerpt: ...sureds (the “Insureds”) for coverage against cyber‐ related insurance risks. (AC, ¶ 2.) Defendant is a technology and software company that provides software for secure electronic file sharing and services to customers. (Id., ¶ 5.) As relevant here, Defendant developed and sold licenses for a software called File Transfer Appliance (“FTA”), which it marketed as a secure method of transferring files. (Id., ¶ 7.) The software operated ...

Excerpt: ...nd to Interrogatories “If a party to whom interrogatories are directed fails to serve a timely response . . . The party who fails to serve a timely response waives any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protection for work product . . . [and] . . . The party propounding the interrogatories may move for an order compe...

Excerpt: ...mplaint”), on July 12, 2012, a written promissory note was executed between Ajlouny and Eliovits reflecting a loan in the amount of $101,000. This loan was assigned by Ajlouny to plaintiff 2048 Partners, LLC (“2048 Partners”) on December 15, 2015. 2048 Partners filed the Complaint against Eliovits on December 20, 2019. 2. SACC According to the allegations of the SACC, on June 1, 2006, Eliovits entered into a written promissory note with Ajl...

Excerpt: ...intiff S3G Technology LLC (“S3G” or “Plaintiff”) is a company that provides custom mobile solutions to improve operational efficiencies and reduce costs, including in semi‐urban, rural and remote areas. (SAC, ¶ 1.) In 2007 S3G's principal and founder, Dr. Sandeep Chatterjee (“Dr. Chatterjee”), co‐founded defendant SourceTrace Systems, Inc. (“SourceTrace”) and served as its CTO through August 2021. (Id., ¶ 6.) As CTO, Dr. Cha...

Excerpt: ...“Complaint”), MDisrupt is a digital platform that connects physicians and scientists with companies in the healthcare space that need their expertise as medical advisors and medical officers to help them get their products to market quickly and responsibly. (Complaint, ¶ 11.) Recruiting and connecting physicians and scientists to platform is an integral part of MDisrupt. (Complaint, ¶ 12.) Its entire existence relies on the quality of its e...

Excerpt: ... on 5/20/22 and originally set for hearing in Department 20 on 6/16/22. Plaintiff did not file opposition to this motion but sought a continuance. The request to continue was denied, but Plaintiff also challenged the judge in Department 20 pursuant to CCP §998. Plaintiff's challenge was conditionally accepted and the matter was reassigned to Department 7. This motion was continued for hearing to 9/8/22 in Department 7. At a Case management in De...

Excerpt: ...challenge to more than 23,000 documents Defendant produced subject to the CO as AEO, contending that they should instead be designated “Confidential.” The motion is opposed by Plaintiff who contends that Defendant is over designating documents as AEO to prevent Shawn Sahbari, Plaintiff's CEO, from viewing the documents and participating in the prosecution of the action. DISCUSSION A. Legal Standard The California Uniform Trade Secrets Act (th...

Excerpt: ...es that motion made pursuant to CCP § 2030.290 which is the applicable code section where a party has failed to respond to interrogatories. The notice of motion also states that it also made pursuant to CCP § 2031.310, which is the appropriate code section where a party has responded to a request for production and a further request is made. Based on the moving papers it is clear that the motion is made pursuant to CCP §§ 2030.290 and 2031.30...

Excerpt: ...mar's individual claim. The motion is based on the November 2013 Arbitration Agreement (Arbitration Agreement) Kumar entered into with Jade Global and the recent holding in Viking River Cruises, Inc. v. Moriana. The motion is opposed by Kumar. DISCUSSION A. Legal Standard Agreements to Arbitrate California has a strong public policy in favor of arbitration. Any doubts regarding the arbitrability of a dispute are resolved in favor of arbitration.�...

Excerpt: ...0 et seq. (the “UCL”). Both Plaintiffs are in the business of semi‐conductor/miscellaneous electronic equipment and parts, refurbishment and repair. (SAC, ¶¶ 1‐2.) New Tec possesses one of the largest inventories of legacy electronic equipment parts, acquired over years with permission from sought after Original Equipment Manufacturers of semiconductor/miscellaneous equipment and parts. (Id., ¶ 16.) Rowenn has invested time and money i...

Excerpt: ...iff is an individual with physical disabilities. (Complaint, ¶ 1.) He is substantially limited in his ability to walk as he suffers from a C‐4 spinal cord injury. (Ibid.) He is a quadriplegic and uses a wheelchair for mobility. (Ibid.) Due to his disability, Plaintiff is unable to, or seriously challenged in his ability to stand, move, reach objects mounted at heights above his shoulders, transfer from his chair to other equipment, and maneuve...

Excerpt: ... to the allegations of the SAC, Plaintiff is in the business of acquisition and sales in the capital equipment secondary market. (SAC, ¶ 13.) On November 16, 2016, Plaintiff and Defendants entered into an agreement (the “Agreement”) pursuant to which the latter agreed to pay the former for services rendered (the “Service Payments”). (Id., ¶ 14.) Service Payments were to be based on “Adjusted Gross Margin” (“AGM”) as defined in t...

Excerpt: ..., Patrick died. On 3/22/22, Fabian moved to be appointed in Patrick's place as his Successor in Interest. Fabian alleges that Patrick died as a result of injuries he sustained in the motorcycle accident. Fabian contends that due to injuries sustained in the motorcycle accident, Patrick was disabled. It is alleged that Patrick's claimed disability caused him to fall while he was performing tree work. Fabian seeks to amend the complaint to add a cl...

Excerpt: ...ing function of our justice system. As stated by the Court in Steiny & Co. v. California Electric Supply Co. (2000) 79 Ca1.App.4th 285, 291: “In general, our civil justice system seeks truth by allowing the parties to lay all relevant evidence before the judge or jury. Thus, a party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action” CCP § 2030.210 provides in pert...

Excerpt: ...to Request for Production No. 25; and for an award of monetary sanctions against Defendant. No opposition has been filed. DISCUSSION C. Legal Standard Self‐Represented Litigants An unrepresented party “is to be treated like any other party and is entitled to the same, but no greater consideration than other litigants and attorneys. Thus, as is the case with attorneys, pro per litigants must follow correct rules of procedure.” (Nwosu v. Uba ...

Excerpt: ...t by Decedent's surviving spouse, Gang, and her son, Justin. According to the allegations of the complaint (“Complaint”), on June 19, 2017, Decedent presented herself as a patient of Defendants for the evaluation and treatment of a fever. (Complaint, ¶ 7.) Defendants, collectively and individually, were careless and negligent in and about their evaluation, treatment, nursing care, observation, examination, monitoring, and diagnosis of Decede...

Excerpt: ... “Plaintiffs”). I. Background A. Factual This is an action for breach of contract, among other things, arising out of a commercial landlord‐tenant relationship. According to the allegations of the operative Complaint, on October 20, 1988, Plaintiffs entered into a lease (the “Original Lease”) for the real properly located at 1272 S. Bascom Avenue (the “Premises”) with Geno I. Castello and Victoria M. Castello, predecessors in intere...

Excerpt: ...ornia and California Department of Consumer Affairs. (The Medical Board). DISCUSSION A. Legal Standard C.C.P. Section 1987.1 provides that the Court "may make any order ... directing compliance with" a subpoena for the production of documents upon a party's motion; C.C.P. Section 2025.480 provides that that "[i]f a deponent fails to answer any question or to produce any document, electronically stored information, or tangible thing under the depo...

Excerpt: ... asserted solely against them. The Proposed TACC also adds Peter and Paul as cross defendants to the existing cause of action for unfair business practices. The instant proposed TACC was the subject of a motion for leave to amend that was heard and denied without prejudice on June 30, 2022 (the June motion). The June motion was heard by Judge Mary Arand who was sitting in Department 7 while Judge Rudy was away from Court. In ruling on that reques...

Excerpt: .... The instant motion arises out of claim being made by Plaintiffs that they were defrauded by the Wus in connection with Plaintiffs' investment in Sunrise Plaza. During the course of discovery Plaintiffs obtained evidence that First Commercial purportedly holds the bank accounts for United, Sunrise Plaza's general partner and that United was supposed to (but did not) use its own funds to make payments directly to Sunrise Plaza. Instead, United ro...

Excerpt: ...or “Cytobank”) resolved a legal action (the “Legal Action”) brought by Ward which resulted in Cytobank and Ward executing a Confidential Settlement Agreement (the “Settlement Agreement”) that provided for, among other things, the distribution of settlement funds (“Settlement Funds”) to Ward and defendant McClure Law Firm (“MLF”), who represented Ward in the action. (Complaint, ¶ 1.) CLF previously represented Ward in the Lega...

Excerpt: ...ect property is located at 760 Emily Drive, Mountain View California 94043 (the “Property”). (SAC, ¶ 2.) Frederick, Michael, Tracy, and Gail are all siblings (collectively, the “Hart Siblings”) and the children of Ruth M. Hart (“Ruth”). (SAC, ¶ 9.) Ruth died in February 2002. (SAC, ¶ 10.) From approximately 1989 through her passing, Frederick lived with Ruth at the Property and took care of her by assisting her with daily living ac...

Excerpt: ...lara for a period of 36 months. (Complaint, ¶ 9.) Nearly three years later, on February 13, 2017, the parties entered into a First Amendment to Lease which, among other things, extended the term of the aforementioned lease through February 28, 2019, and increased the base monthly rent. (Id., ¶ 10.) The lease, a Lease Rider and First Amendment to Lease are collectively referred to as “Lease 1.” (Id. and Exhibit 1.) Lease 1 required also requ...

Excerpt: ...eek PMQ testimony. Plaintiff also seeks an order that a subsequent PMQ notice shall only issue upon agreement of the parties or approval by the Court upon a showing of good cause as to why the proposed topics were not addressed in the initial PMQ notice. The motions are opposed by Defendant. DISCUSSION A. Legal Standard When discovery has been propounded, the party to whom it is directed may promptly move for a protective order. (Code Civ. Proc. ...

Excerpt: ...et One, Special Interrogatories Set One, Request for Production of Documents Set One, and Request for Admissions. On March 24, 2022, Defendant was given an extension to respond by April 8, 2022. Defendant did not provide timely responses. On April 14, 2022 Defendant responded to the discovery at issue but asserted various objections. Plaintiff has also filed a motion to compel Defendant to Produce Documents that Defendant has identified in its la...