Excerpt: ...ff is entitled to reasonable attorney fees, costs and interest under Sections 1194 and 226 of the Labor Code which entitles Plaintiff to recover attorney fees as allowable costs under Cal. Code Civ. Proc. §1033.5 and case law and Plaintiff obtained a net monetary recover from all defendants by accepting defendant's settlement offer made pursuant to Section 998 of the Code of Civil Procedure which provided a net monetary recovery and payment of a...

Excerpt: ... in the TAC, in April 2015, Wu was recruited by China Science & Merchants (“CSC Group”) as CoPresident. (TAC, ¶ 4, 19.) She was told there would be a competitive profit‐ sharing plan. (TAC, ¶ 25.) She was hired to lead the investment activity. (TAC, ¶ 20.) By 2019, Wu built what became a top tier portfolio in early‐stage technology companies by applying rigor and high selectivity in investing. (Ibid.) Had it not been for the promises a...

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 the...

Excerpt: ... “Motions for leave to amend are directed to the sound discretion of the judge: ‘The court may, in furtherance of justice and on any terms as may be proper, allow a party to amend any pleading…' [Citation.] However, the court's discretion will usually be exercised liberally to permit amendment of the pleadings. The policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified.” (Howard v....

Excerpt: ...ns in the FAC, on December 10, 2016, Plaintiff was at a complete stop in her motor vehicle at a red light. (FAC, p. 5, GN‐1.) At the time of the accident, Madelyn was a minor and she was driving a vehicle that she and the other defendants knew or should have known had defective and/or dysfunctional brakes and was likely to cause personal injury, wage loss, and property damage. (Ibid.) Because of the defective/dysfunctional brakes and Madelyn's ...

Excerpt: ...titled to its attorney's fees pursuant contract. Defendant does not dispute that Plaintiff is entitled to an award of fees under the contract, but disputes that all of the fees claimed by Defendant were reasonably incurred in the defense and prosecution the claims. DISCUSSION A. Legal Standard CCP § 1032 provides that except as otherwise expressly provided by a statute, the prevailing party in an action or proceeding is entitled to recover its c...

Excerpt: ...), which was manufactured and/or distributed by FMC. (FAC, ¶ 7.) In connection with the purchase, Plaintiffs received an express written warranty, 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 transmission. (FAC, ¶ 9.) During the warranty period, the Vehicle contained or developed defects, including but not limited to, defects related to the transmiss...

Excerpt: ...ts' insured. According to the allegations of the SAC, Plaintiff is a medical services provider. (SAC, ¶ 1.) CNP, a food preparations' business, arranges for the provision of health care services to its enrollees and the payment or reimbursement of the cost of those services. (Id., ¶ 3.) HCS, a third‐party claims administrator, works in such a capacity for CNP pursuant to a contractual agreement. (Id., ¶¶ 2, 10.) Collectively, HCS and CNP wi...

Excerpt: ...ailing party under the SBA and the CCP § 998 offer Plaintiffs accepted entitles them to recover their attorneys' fees, costs, and expenses. Defendants Ford Motor Company et al (Defendants) do not dispute that Plaintiffs are the prevailing parties and entitled to seek an award of fees costs and expenses under the applicable law and the terms of the Settlement Agreement. However, Defendants dispute the amount of fees being sought based on the numb...

Excerpt: ...the allegations of the underlying TAC, Francis is the former head pastor and board chairman of the Church. (TAC, ¶¶ 11.) Hungsun is Francis' wife and she handled financial matters for SJKCC. (TAC, ¶ 13.) Kim and Jung are former board members and chief financial officers of the SJKCC. (TAC, ¶ 12.) Austin is an agent for an entity named Healing Hands Dental Mission, Inc. (“HHDM”). (TAC, ¶ 14.) Park is Austin's wife and she, along with Hung...

Excerpt: ...“Complaint”), on February 13, 2019, Dr. Farris performed a total right knee arthroplasty on Plaintiff. (Complaint, ¶ 6.) Approximately three months later, on May 10, 2019, Plaintiff went to the emergency room due to problems in her right knee and was informed that the arthroplasty had not been performed correctly. (Id.) Plaintiff alleges that the arthroplasty was performed negligently, causing misalignment and misplacement of the knee, resul...

Excerpt: ...t on the grounds that the motion was made prematurely while the parties were still meeting and conferring, and on the further grounds that the motion is moot because for all but one request, Defendant has provided code‐complaint responses to the requests, made a complete responsive production and served three sets of supplemental responses, a privilege and over 23,000 pages of responsive documents. Defendant asks the Court to sanction Plaintiff...

Excerpt: ..., Wu was recruited by China Science & Merchants (“CSC Group”) as CoPresident. (TAC, ¶ 4, 19.) She was told there would be a competitive profit‐sharing plan. (TAC, ¶ 25.) She was hired to lead the investment activity. (TAC, ¶ 20.) By 2019, Wu built what became a top tier portfolio in early‐stage technology companies by applying rigor and high selectivity in investing. (Ibid.) Had it not been for the promises and assurances by Xiangshuan...

Excerpt: ...out Plaintiffs' consent, Defendants maintained a retaining wall on Plaintiffs' property (the “Property”) and refused to remove it when Plaintiffs demanded they do so. (TAC, ¶ 3.) Defendants maintain that they were given consent to enter the Property while Plaintiffs argue that such consent was revoked when they sent a letter to Defendants on March 26, 2019 demanding that they remove the retaining wall. (Id., ¶ 4.) Defendants failed to respo...

Excerpt: ...onto the property located at 14105 Columbet Avenue in San Martin (the “Ranch”), pursuant to an agreement with the property manager at the time. (Complaint, ¶ 10.) In or around December 2019, UFA purchased the premises.1 (Ibid.) After UFA gained title to the Ranch, Castillo and Plaintiff formed a verbal agreement allowing him to live on the property in exchange for labor completed around the Ranch. (Complaint, ¶ 11.) Pursuant to the agreemen...

Excerpt: ...ropriate. Defendant seeks orders compelling further response to the following discovery: 1. Defendant's First Set of Requests for Requests for Production: 3, 5, 8, 9, 18, 19, 20, 22, 23, 24, 25, 30, and 38; for an order compelling Plaintiff to produce all documents responsive to request for production numbers 2, 4, 6, 7, 12, 15, 28, 29, and 39; and Production: 3, 5, 8, 9, 2. Defendant's Special Interrogatories numbers 4, 7 ‐13, 17, 20‐24, and...

Excerpt: ...n. Defendant City of San Jose (the “City”) demurs to the FAC and joins in the demurrer filed by the County Defendants. I. Background A. Factual This is an action for declaratory and injunctive relief based on the assertion by Plaintiffs‐ four City employees and a non‐profit organization comprised of the same‐ that health orders issued by Dr. Cody on December 28, 2021 and amended on March 7, 2022, are a COVID‐19 “vaccine/booster mand...

Excerpt: ...ccording to the allegations of the operative Complaint, on October 9, 2015, Plaintiff is alleged to have incurred a financial obligation in the form of a consumer credit account issued by One Main Financial, Inc. (“One Main Financial”) which qualifies as a “consumer debt” within the meaning of the RFDCPA. (Complaint, ¶ 13.) Plaintiff alleges that this alleged debt was sold, assigned or otherwise transferred by One Main Financial to One M...

Excerpt: ...state and without a surviving spouse, child, or parent. (FAC, ¶ 1.) Decedent was Defendants' patient from July 12, 2008 to her passing on September 16, 2021.2 (FAC, ¶ 6, 27.) During the entirety of her stay at Defendant's facility, she was mentally incapacitated due to hypoxic brain injury and other conditions. (FAC, ¶ 6.) As a result of those conditions, Decedent was unable to comprehend rights that she was otherwise bound to know, and was un...

Excerpt: ...‐Tenant Lease‐ Gross (the “Lease”) with Defendant. (FAC, ¶ 6.) Pursuant to the Lease, Plaintiff agreed to lease approximately 20,710 square feet of industrial office and warehouse building and yard space at 2240 Paragon Drive in San Jose, California (the “Premises”) for bicycle sales and storage for an initial term of five (5) years. (FAC, ¶¶ 5, 6.) An addendum (“Addendum”) was attached as part of the Lease. (FAC, ¶ 7.) Paragr...

Excerpt: ... finally determined; and 3) Plaintiff repeatedly files unmeritorious pleadings, conducts unnecessary discovery, and engages in other tactics that are frivolous or solely intended to cause unnecessary delay. The motion is opposed by Plaintiff. Plaintiff is a pro se litigant. Plaintiff has filed three lawsuits against Defendant. Each of Plaintiff's three lawsuits allege that Defendant discriminated against Plaintiff in some way. The court ruled aga...

Excerpt: ...lid arbitration agreements. (Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 97, 99 Cal.Rptr.2d 745, 6 P.3d 669 (Armendariz), abrogated in part on another ground in **233 AT&T Mobility LLC v. Concepcion (2011) 563 U.S. 333, 339–340, 131 S.Ct. 1740, 179 L.Ed.2d 742.) The California Arbitration Act (CAA), Code of Civil Procedure1 section 1280 et seq., sets forth “a comprehensive scheme regulating private arbitrati...

Excerpt: ...ntiffs have refused to cooperate in engaging in ADR. The Motion is opposed by Plaintiffs. This case arises out of a light airplane crash that occurred on 11/19/18 in San Jose, CA. McClelland is the owner of the aircraft. Squadron 2 is the flight school. Plaintiffs filed their complaint against McClelland, Squadron 2 its related entity on 4/10/18. Plaintiffs settled their claims for injuries against the Squadron 2 and its related entity (settling ...

Excerpt: ...2 I. Background A. Factual This is an action for financial elder abuse, among other things. It is one of several cases that have been litigated between the parties. According to the allegations in the Complaint, in 1960, Philip C. Barbaccia and Josephine G. Barbaccia (“the Parents”) of Lou, Rita Pecoraro (“Rita”), Josephine B. Pecoraro (“Josephine”) and Cyril G. Barbaccia (“Cy”), purchased real property at 165 Blossom Hill Road, S...

Excerpt: ... unnecessary motion. DISCUSSION A. Legal Standard Requests for Admission Code of Civil Procedure, § 2033.280(a) provides that if a party to whom requests for admissions have been directed fails to serve a timely response, that party thereby waives any objection to the requests, including one based on privilege or on the protection for work product under Code of Civil Procedure, § 2018.010 et seq. “[I]f the response is served within the statut...