Excerpt: ... various amenities, concluded her visit with a 90‐minute massage. Plaintiff was not familiar with her assigned masseuse, but gave him explicit direction that she had had surgery on her left hand in July 2019 and that he was not to touch or manipulate her left hand, wrist or forearm during the massage. The masseuse then asked her to repeat the information on where she had the surgery and when, and appeared to understand her direction. Near the e...

Excerpt: ...Opposition to Motion “Unless otherwise ordered or specifically provided by law, all moving and supporting papers must be served and filed in accordance with Cal. Civ. Proc. Code § 1005.” (California Rules of Court, rule 3.1300(a).) The court has the discretion to refuse to consider a late‐filed paper. (California Rules of Court, rule 3.1300(d).) Where a party has filed a late opposition, the Court may strike and not consider the opposition...

Excerpt: ... of the underlying complaint, a credit card was issued to Gonzalez by Synchrony Bank FKA GE Capital Retail Bank. (Complaint, ¶ 6.) Gonzalez used the credit card to make purchases and accrued a balance on the card. (Id.) She ultimately defaulted on the required payments, leaving an unpaid balance of $2,240.89. (Id., ¶ 8.) CCS was subsequently assigned and transferred all right, title and interest in the credit account. (Id., ¶ 6.) Gonzalez alle...

Excerpt: ... claims $9,569.20 in costs. Plaintiff also requests $3,500 in additional fees for the anticipated time involved in reviewing any opposition to the motion and drafting a reply. The motion is opposed by Defendant VOLVO CAR USA, LLC (Defendant). Defendant does not deny that Plaintiff is entitled to an award of fees, but argues that Plaintiff's request is inflated, inadequately documented and includes time spent on legal work that does not entitle Pl...

Excerpt: ...y possesses relevant experience working for non‐profit companies and the healthcare industry, which specifically suited her for the role of Development Director of Community Relationships at Defendant. (Complaint, ¶ 18.) In mid‐February 2021, Plaintiff applied for the position. (Complaint, ¶ 20.) Following her successful interview with the Chief of Strategic Development, Johnny O'Brien (“O'Brien”), and the subsequent panel interview, sh...

Excerpt: ...” or “Paul”). IV. Background C. Factual This is an action arising out of a dispute over payment of a debt and ownership of real property located at 12329 Kosich Place in Saratoga (the “Property”). Empire has superior title by reason of grant deed for the Property. 1. Second Amended Complaint According to the allegations of the operative Second Amended Complaint (“SAC”), Plaintiffs, as trustee of the Living Trust, entered into an agr...

Excerpt: ...achs (“Sachs”) to do some plumbing in Kondori's condominium. (Complaint, ¶ 11.) Sachs' work was allegedly defective and caused various damages to Kondori, who filed suit regarding the matter on January 29, 2016. (Complaint, ¶ 12.) One of the defendants in the action was Apex. (Ibid.) In doing the work on Kondori's condominium, Sachs falsely claimed to be doing business as Apex. (Complaint, ¶ 13.) Apex was owned and operated by Wolfgang Hoc...

Excerpt: ...ternet. (Complaint, ¶ 4.) Defendant maintains its website (the “Website”) in such a way that it contains numerous barriers preventing Plaintiff, and other blind and visually‐impaired individuals from gaining equal access to the Website. (Ibid.) Plaintiff alleges that Defendant's denial of full and equal access to its Website, and therefore its products and services offered thereby, are a violation of Plaintiff's rights under the Unruh Act....

Excerpt: ...lso demurs to the first and second causes of action in the SAC. I. Background A. Factual This is an action for trespass and nuisance, among other things. According to the allegations in the SAC, Plaintiffs purchased real property at 20500 Town Center Ln # 289, Cupertino, CA 95014 (the “Residence”). (SAC, ¶ 1.) Plaintiffs continue to live at the Residence. (Ibid.) From August 2016 until approximately December 2018, defendant Arirang operated ...

Excerpt: ...ned Defendant $500,000 to be repaid in full with 5% interest on May 1, 2020. Plaintiff funded the loan in two payments of $250,000 on February 27, 2020 and February 28, 2020. On March 10, 2020, Plaintiff and Defendant executed an amended agreement whereby the total loan amount was revised to $750,000. The interest set at 8% and the loan maturity date was extended to May 5, 2020. The amended loan was funded with an additional $250,000 on that same...

Excerpt: ...is action arises out of the vaccination policy (the “Policy”) enacted by SCU requiring its students (absent medical exemptions) to be fully vaccinated against COVID‐19. Plaintiffs allege that the Policy is unlawful and unconstitutional and amounts to SCU, a quasigovernmental actor, coercing them into engaging in experimental medical interventions based on “politicized, fraudulent science” that can and have caused significant harm to inj...

Excerpt: ...ony”),1 to whom Intervenor was formerly married, initiated the instant action seeking to quiet title to the property located at 3503 Pleasant Echo Drive in San Jose (the “Property”). (Complaint, ¶ 1.) Anthony also asserted claims for breach of contract and fraud. (Id.) The Property is titled under defendant Karine Nguyen's (“Karine”) name. (Complaint, ¶ 5, Exhibit A.) On November 17, 2001, Tung was the sole owner of the Property. (Id....

Excerpt: ...loyed by XPT since mid to late 2016, Plaintiffs were forced by XPT 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's Chief Executive Officer (“CEO”) Jack Cheng (“Cheng”) rea...

Excerpt: ... 2017, HMI executed and delivered to Plaintiff a Revolving/Installment Note (the “Note”) and Security Agreement (collectively, the “Loan Documents”) pursuant to which HMI borrowed and promised to pay to Plaintiff the principal sum of $250,000, together with interest at a variable rate of Prime plus 1.75% per year, in monthly installments as stated in the Note. (Complaint, ¶ 6, Exhibits 1 and 2.) In order to induce Plaintiff to furnish th...

Excerpt: ...ff filed a motion to continue certain hearings. The notice of motion does not identify this motion or Demurrer. Because the present motion and Demurrer were not noticed to Plaintiff until 6/16/22, they could not relate to these proceedings. Although the Court has denied Plaintiff's motion to continue in a separate ruling, even if it had been granted, the Court finds that Plaintiff's motion to continue was not directed to this motion or Demurrer. ...

Excerpt: ... damages. 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 clear: “[a] statement that the party to whom an inspection deman...

Excerpt: ...is opposed by Plaintiff. This discovery dispute arises out of Plaintiff's action for breach of contract and nuisance against Defendant, its former tenant, and for damages it claims to have suffered as a result. Defendant's discovery is directed at obtaining the facts and documents related to Plaintiff's damages allegations. DISCUSSION A. Legal Standard (a) Any party may obtain discovery within the scope delimited by Chapters 2 (commencing with Se...

Excerpt: ... 2012 as a materials and equipment manager at MSI's facility in Milpitas, which employed more than 100 individuals. (FAC, ¶ 4.) On May 28, 2014, Plaintiff underwent surgery on his foot and was advised by his physician not to work for two weeks. (Id., ¶ 5.) He was further advised that that he may be restricted to desk work for a period of time. (Id.) Well in advance of the procedure, Plaintiff informed his supervisors of his condition, the treat...

Excerpt: ...mplaint (“FAC”) in 2019, Jain and Luong were expecting their first child. (FAC, ¶ 1.) Jain was a PhD student at Stanford University and she received her healthcare from Stanford Health Care and its affiliated MMC. (FAC, ¶ 14.) She went to MMC for routine pregnancy checkups. (FAC, ¶ 15.) Her obstetrics and gynecology physician was Dr. Rothstein. (Ibid.) Dr. Rothstein never conducted a full body physical of Jain in order to find any abnormal...

Excerpt: ... designs and develops advanced digital imaging technologies and products for use in a variety of electronic devices. (Complaint, ¶ 2.) Plaintiff is a design engineer with a master's degree in computer engineering and a bachelor's degree in electronic engineering with 20 plus years of experience in ASIC design, digital design and verification. (Id., ¶ 5.) Plaintiff was employed by Defendant as a Senior Design Engineer from 2006 until October 201...

Excerpt: ...o oppose a motion may be deemed a consent to the granting of the motion. CRC Rule 8.54c. B. Legal Standard for Demurrer As relevant to the instant case, “[t]he party against whom a complaint or crosscomplaint has been filed may object, by demurrer or answer as provided in [s]ection 430.30, to the pleading on any one or more of the following grounds: . . . (e) The pleading does not state facts sufficient to constitute a cause of action.” (§ 4...

Excerpt: ...ing to the allegations of the Complaint, from January 2020 to April 2020, Ali applied for six jobs at Apple. (Complaint, ¶ 19.) He has 22 years of IT work experience in the US, technical skills, professional training, and certifications. (Ibid.) However, Apple management did not offer Ali a fair and just opportunity for an interview. (Ibid.) Apple hiring management retaliated against him because of his two prior civil lawsuits against Apple. (Ib...

Excerpt: ...essed, used, and disclosed her private financial, business, and personal information stored on electronic devices owned by Defendant's then‐husband that had been entrusted to him for safekeeping in connection with consulting work he performed for Plaintiff. Defendant is conducting discovery in an effort to ascertain the nature and extent of Plaintiff's damages claim. DISCUSSION A. Legal Standard The party to whom a request for production of doc...

Excerpt: ... allegations of the operative First Amended Complaint (“FAC”), Plaintiff purchased the Property in 1987 and placed her daughter Maria Hart (“Hart”), as an unmarried woman, and her then‐boyfriend, John Encinas, Jr. (“Encinas”), as an unmarried man, on title as joint tenants with her. (FAC, ¶ 9.) From the beginning, right after the purchase, Plaintiff made all of the mortgage payments and paid for the taxes, insurance, repairs and ma...

Excerpt: ...fendant. (Complaint, ¶ 9.) In connection with the purchase, Plaintiffs received various warranties, including a 3‐year/36,000‐mile express bumper to bumper warranty, a 5‐year/60,000‐mile powertrain warranty which covers the engine and the transmission, as well as various emissions warranties that exceed the time and mileage limitations of the bumper to bumper and powertrain warranties. (Complaint, ¶ 11.) During the warranty period, the ...