Excerpt: ...ssion (RFAs) that have been denied by Defendant. Defendant opposes Plaintiff's motion. DISCUSSION A. Legal Standard CCP §2033.010 provides that: Any party may obtain discovery within the scope delimited by Chapter 2 (commencing with Section 2017.010), and subject to the restrictions set forth in Chapter 5 (commencing with Section 2019.010), by a written request that any other party to the action admit the genuineness of specified documents, or t...

Excerpt: ... five percent interest on May 1, 2020. (Complaint, ¶ 4, Exhibit A.) Two days later, Plaintiff issued a cashier's check to Defendant in the amount of $250,000 which was deposited in Defendant's bank account. (Id., ¶ 5, Exhibit B.) Plaintiff transferred the remaining $250,000 to Defendant February 28, 2020. (Id., ¶ 6, Exhibit C.) On March 10, 2020, Plaintiff and Defendant executed an amended agreement (“Amended Agreement”) wherein the total ...

Excerpt: ...s' motion to be heard with Defendant's as yet unset motion. The Court found that it was unreasonable to continue a motion that had been pending for many months. Nevertheless, the Court agreed that the two motions should be heard together since the raise nearly identical factual and legal issues. The Court advanced the hearing of Defendant's motion to today's date. The Court recognizes the potential hardship for Plaintiff in addressing Defendant's...

Excerpt: ...e the case ready for trial. The motion is opposed by Cryplex. This action arises out of an alleged trade secret misappropriation and breach of contract action that was filed in November 2018 for events that are alleged to have occurred in 2014. DISCUSSION C. Legal Standard Under Code of Civil Procedure Section 583.410(a), “[t]he court may in its discretion dismiss an action for delay in prosecution on motion of the defendant if to do so appears...

Excerpt: ...21 Rockwood 8336BH trailer (the “Trailer”), which was manufactured, distributed, or sold by Defendant. (Complaint, ¶ 4.) In connection with the purchase, Plaintiff received an express written warranty in which Defendant undertook to preserve or maintain the utility or performance of the Trailer or provide compensation if there is a failure in utility or performance for a specified period of time. (Id., ¶ 6.) The warranty provided that if a ...

Excerpt: ...n she slipped and fell as a result of a dangerous condition, which was a wet and slippery floor, inside the night depository of Gilroy Premium Outlets (the “Premises”), in Gilroy, California. B. Procedural Based on the foregoing allegations, Berenji initiated this action on August 25, 2020, with the filing of the Complaint, which asserts claims for negligence and premises liability. On November 25, 2020, ESC filed its answer. On December 3, 2...

Excerpt: ...Vineyards Homeowners Association (“Cabernet Vineyards” or “Cabernet”) community, tripped when she stepped on debris that had fallen from a nearby trees onto a walkway near the front of her residence. The trees were located on property owned and/or possessed by SJWC, who failed to fulfill its duty to keep that property in a reasonably safe condition by inspecting and maintaining the overgrown trees. B. Procedural Plaintiff initiated this a...

Excerpt: ...tion of Plaintiff's tooth. (Complaint, pg.4). Defendant Patel performed the oral surgery. Id. Patel was at all times an employee of Defendant Northern Dental. Id. Patel represented to Plaintiff that she was an oral surgeon and Plaintiff believed at all times that Patel was an oral surgeon. Id. Patel performed an incomplete tooth extraction on Plaintiff causing the dislocation of Plaintiff's jaw and pain whenever Plaintiff opens his mouth. Id. Pat...

Excerpt: ...in a single ruling with separate orders as to each motion as necessary. These motions arise out of Plaintiff's unsuccessful appeal of an order the granting an anti SLAPP motion brought by Defendant. Defendant was the prevailing party on appeal and was awarded costs. The Remittitur was filed on July 15, 2021. Defendant filed a memorandum of costs on August 11, 2021 that claimed filing fee costs of $400.50 and attorney's fees in the amount of $106,...

Excerpt: ...each of contract and fraud. i. Complaint According to the allegations of the Complaint, around September 2020, Moznine solicited Ricardo Cortez (“Ricardo”), Louriville Cortez (“Louriville”), Benedicto Estoesta (“Benedicto”), Divina Gracia Estoesta (“Divina”), Nellie, and Elpidio Baltazar (“Elpidio”) (collectively, “Plaintiffs”) to invest in SkyTec.1 (Complaint, ¶ 11.) He represented to each of them that SkyTec would have ...

Excerpt: ...nctions. DISCUSSION A. Legal Standard Any matter admitted in response to a request for admission is conclusively established against the party making the admission for purposes of the pending action, unless the court permits a withdrawal or amendment of the admission under section 2033.300. (§ 2033.410, subd. (a).) A party may withdraw or amend an admission made in response to a request for admission only with leave of court granted after notice...

Excerpt: ...and James W. Elwin are the owners of a residential property at 3010 Park Estates Way, San Jose, CA (the “Property”) pursuant to a grant deed recorded on July 25, 1986. (First Amended Complaint (“FAC”), ¶¶ 8, 20‐22.) On January 27, 2007, Plaintiff refinanced the Property and entered into a loan transaction with Alternative Financing Corporation (“AFC”), memorialized by a promissory note (the “Note”) and secured by a deed of tru...

Excerpt: ...uded express written warranties, such as a three‐year/36,000 mile express bumper to bumper warranty, a five‐ year/60,000 mile powertrain warranty which covers the engine and transmission, and a ten‐year/150,000 mile extended warranty that covers the brake assist. (FAC, ¶ 7.) During the warranty period, the Vehicle contained or developed defects, including but not limited to, defects related to the engine; defects related to the air conditi...

Excerpt: ...I. Background A. Factual This is a collection action arising out of the purchase of a vehicle. According to the allegations of the underlying complaint (“Complaint”), on April 16, 2016, Gresham executed a written contract and security agreement (the “Contract”) pursuant to which she purchased a 2016 Volkswagen Jetta (the “Vehicle”). (Complaint, ¶ 9 and Exhibit 1.) The Contract provided that if Gresham defaulted in the performance of ...

Excerpt: ... an LLC by one of its members. According to the allegations of the operative FAC, on December 30, 2003, Plaintiff and Defendants entered into the “Spartagus, LLC Operating Agreement” (the “Agreement”), which made them managers and members of Spartagus, LLC (“Spartagus” or the “LLC” or the “Company”), an entity formed in order to operate a restaurant known as “Viva! Neighborhood Eatery of Los Gatos” (“Viva!”) in Los Gat...

Excerpt: ...they are served with discovery, they will assert their Fifth Amendment privilege against self‐incrimination. The Motion is opposed by Ayhan Menekshe and the Menekshe Law Firm (Plaintiffs). The action arises out of the alleged embezzlement of a significant amount of money by Johnnell while she was employed performing office bookkeeping and accounting functions for Plaintiffs. It is alleged that she and Juan also used their construction company J...

Excerpt: ...es provider. (FAC, ¶ 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.) Defendant Health Cost Solutions, Inc. (“HCS”), a third party claims administrator, works in such a capacity for CNP. (Id., ¶ 2.) Collectively, HCS and CNP will be referred to as “Defendants.” Patient M.L was a member of a health plan ...

Excerpt: ... Ida Jew Academy, a charter school within defendant Mount Pleasant Elementary School District (“MPESD”). According to the allegations of the Complaint, MPESD contracted with defendant Santa Clara County Office of Education (“SCCOE”) to provide an outdoor education experience for minor students, including Plaintiff, particularly at Walden West Science Camp (“Walden West”), a public educational science overnight camp owned by SCCOE. (FA...

Excerpt: ... the former head pastor and board chairman of the Church and Hungsun is his wife. (FAC, ¶¶ 12, 14.) Kim and Jung are former board members and chief financial officers of the SJKCC. (FAC, ¶ 13.) Austin is a close associate of Francis' and was the agent of service of process for an entity named Healing Hands Dental Mission, Inc. (“HHDM”). (FAC, ¶ 30.) Park is Austin's wife. (FAC, ¶ 15.) In May 2019, Francis was suspended from his board cha...

Excerpt: ... of Robert Quist, David Becker, Becker Legal Group, LLC, and Bridge and Post, Inc. (“Bridge”) (collectively, “Cross‐Complainants”). III. Background C. Factual This is an action for breach of a settlement agreement purportedly reached to settle a lawsuit initially filed by Kleidman in 2013. According to the allegations of the CrossComplaint, in November 2010, technology startup Feeva ran out of funds and went out of business. (Cross‐Co...

Excerpt: ...fendant from May 30, 2012 until the date of request and (c) Defendant's annual and quarterly general ledgers listing all financial transactions from May 30, 2012, until the date of request. The documents were to be provided by May 14, 2019. Plaintiff also contends that Defendant is in violation of a stipulated order dated June 19, 2019 that Defendant produce “top level” documents maintained by Defendant to sufficiently identify Defendants ann...

Excerpt: ...ising out of the alleged failure to pay for legal services rendered. According to the allegations of the FAC, Bomi, Peak Health and Joseph retained Plaintiff as its counsel in June 2018, as did defendant The Phyto Foundation (“Foundation”). (SAC, ¶¶23, 24, 26, 28 and Exhibits A, B, D and F.) Barahona executed the agreement for legal services with Plaintiff on behalf of the Foundation. (Id., ¶ 28.) At their initial and subsequent meetings, ...

Excerpt: ...H. DISCUSSION A. Legal Standard Any matter admitted in response to a request for admission is conclusively established against the party making the admission for purposes of the pending action, unless the court permits a withdrawal or amendment of the admission under section 2033.300. (§ 2033.410, subd. (a).) A party may withdraw or amend an admission made in response to a request for admission only with leave of court granted after notice to al...

Excerpt: ...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. County of San Diego (2010) 184 Cal.App.4th 1422, 1428.) “Although courts are bound to apply a policy of great liberality in...

Excerpt: ...), on January 20, 2018, Tostado was driving a ProTransport ambulance in a negligent manner, causing it to collide with Plaintiff's vehicle, resulting in injuries to him. B. Procedural Based on the foregoing, the Complaint1 was filed on January 7, 2020, asserting claims for motor vehicle negligence and general negligence. On August 27, 2021, Defendants filed the instant motion for summary judgment. Plaintiff opposes the motion. II. Defendants' Mot...

Excerpt: ...Discover's demand. B. Procedural Based on the foregoing allegations, Discover initiated this action on November 18, 2020, with the filing of the Complaint, which asserts claims for open book account and account stated. On December 15, 2020, Jennings filed an answer. On August 31, 2021, Discover filed the instant motion for summary judgment, or in the alternative, for summary adjudication for each cause of action. On February 15, 2022, Jennings fi...

Excerpt: ...parate discovery requests on Plaintiff: Demand for Inspection of Documents, Set One; General Form Interrogatories, Set One; Employment Form Interrogatories, Set One; Special Interrogatories, Set One; Requests for Admission, Set One. The time for responding to this discovery has long since expired. According to Plaintiff's Opposition papers filed on 2/1/22, the motions are moot because complete, code compliant verified responses to all of the disc...

Excerpt: ... is opposed by Defendant. DISCUSSION I. Applicable Law “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 de...

Excerpt: ...lement and the Plaintiff justifiably relied upon the statement [email] from Judge Overton that there is no settlement.” Plaintiff does not specify, but the Court presumes Plaintiff is seeking relief pursuant to Code of Civil Procedure §473(b) which provides that: “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her thr...

Excerpt: ... aggrieved employees for all hours worked, missed meal periods and rest breaks. (Complaint, ¶ 21.) KNI had the authority to hire and terminate Morris and other aggrieved employees and KNI exercised sufficient authority over the terms and conditions of their employment. (Complaint, ¶ 22, 23.) Morris and other aggrieved employees worked over eight hours a day and/or forty hours per week during their employment with KNI. (Complaint, ¶ 26.) Morris...

Excerpt: ... has long since expired. According to Plaintiff's Opposition do not dispute that Plaintiff failed to make a timely response to this discovery. Instead, Plaintiff suggests that the motion is moot because complete, code compliant verified responses and all documents have now been provided. Plaintiff's Opposition does not include a copy the verified responses, so the Court cannot determine if such responses have been provided. Defendant disputes tha...

Excerpt: ...parate discovery requests on Plaintiff: Demand for Inspection of Documents, Set One; General Form Interrogatories, Set One; Employment Form Interrogatories, Set One; Special Interrogatories, Set One; Requests for Admission, Set One. The time for responding to this discovery has long since expired. According to Plaintiff's untimely Opposition papers filed on 2/1/22 the motion is moot because complete, code compliant verified responses to all of th...

Excerpt: ...”) alleging and seeking to enjoin the alleged wasting of taxpayer property by failing to properly maintain the Reid‐Hillview airport (“Reid‐ Hillview” or “RHA”) and from causing further disrepair to it. (Complaint, ¶ 3.) According to the allegations of the Complaint, RHA provides and supports emergency responses for Bay Area Hospitals, in addition to housing Cal Fire operations and the Civil Air Patrol, which provides disaster reli...

Excerpt: ...'s parent company. (FAC, ¶11.) She was elected a member of the Board of Directors (“Board”) and she remained on the Board until September 2020. (Ibid.) On May 14, 2015, CSC Group established CSC Group International Corp. (“CSC International”), which was Hone Capital's predecessor company. CSC International was to be used for investing venture capital in early‐state technology start‐ups in Silicon Valley. (FAC, ¶12.) Wu was appointed...

Excerpt: ... parent company. (FAC, ¶11.) She was elected a member of the Board of Directors (“Board”) and remained on the Board until September 2020. (Ibid.) On May 14, 2015, CSC Group established CSC Group International Corp. (“CSC International”), which was Hone Capital's predecessor company. CSC International was to be used for investing venture capital in early‐state technology start‐ups in Silicon Valley. (FAC, ¶12.) Wu was appointed the P...

Excerpt: ...it of Arena Origination. According to the allegations of the FAC, in late 2018 and early 2019, Plaintiff and defendant 199 Bassett Owner, LLC (“199 Bassett Owner”) were in negotiations for 199 Bassett Owner's purchase of the property located at 199 Bassett Street in San Jose (the “Property”). (SAC, ¶¶ 4, 17.) As part of those negotiations, 199 Bassett Owner requested that Plaintiff provide financing in the amount of $6,000,000, and Plai...

Excerpt: ...5.38 provides that “[t]he court shall direct that the party prevailing on any motion under this chapter be awarded the reasonable attorney's fees and costs of making or opposing the motion unless the court finds that the other party acted with substantial justification or that other circumstances make the imposition of attorney's fees and costs unjust.” See, Castro v. Superior Court (California Savings) (2004) 116 Cal. App. 4th 1010, 1016 (�...

Excerpt: ...atoga Sunnyvale Road in the bicycle lane when he encountered a dangerous condition of public property. (Complaint, ¶ 17.) Specifically, the subject roadway was undergoing construction and was covered in a patch of bumpy, slightly soft, tar or asphalt that was up to 5 inches above the surrounding road. (Id., ¶ 18.) Plaintiff was unaware of this “cold patch” until he rode over it because it did not exist on the roadway prior to construction a...

Excerpt: ...by Plaintiff. DISCUSSION A. Legal Standard Both California and federal law favor enforcement of valid 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 ...

Excerpt: ...actured and/or distributed by FMC. (Complaint, ¶ 8.) 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. (Complaint, ¶ 9.) During the warranty period, the Vehicle contained or developed defects, including but not limited to, defects related to the transmission; de...

Excerpt: ...chased a 2013 Ford Fusion (the vehicle) from nonparty Drew Ford (Drew). The vehicle was purchased on June 18, 2013 and the purchase was governed by written “RETAIL INSTALLMENT SALE CONTRACT – SIMPLE FINANCE CHARGE” (with arbitration provision) (“RISC”) that was signed by both Plaintiffs. The Vehicle was manufactured by Ford and at various times as alleged in Plaintiffs' Complaint the vehicle was presented for repairs at Penske. Plaintif...

Excerpt: ... the Successor in Interest to Gindin. The primary purpose of the injunctions was to compel the property owners to correct a wide range of problems that resulted in both substandard living conditions for residents and an unsafe environment for everyone in the neighborhood as a result of rampant criminal and gangrelated activity in the neighborhood. The injunctions were modified in 2008 to make orders regarding security services applicable to the p...

Excerpt: ...ut of an underlying business dispute. According to the allegations of the operative First Amended Complaint (“FAC”), Plaintiffs are in the business of manufacturing bedwetting alarms which are sold worldwide. (FAC, ¶ 8.) One of Plaintiffs main competitors was and is Malem Medical, a British company that sells its products in the United States through a company named Enuresis Associates. (Id.) Hereafter, these entities will collectively be re...

Excerpt: ...ns of this Court's orders regarding discovery, William's Complaint was ultimately dismissed and her Answer to Kraft's Cross Complaint was stricken. DISCUSSION A. Legal Standard Evidence Code section 452(d), provides that the Court may take judicial notice of “[r]ecords of any court of this state.” Section 452(d) permits the trial court to “take judicial notice of the existence of judicial opinions and court documents, along With the truth o...

Excerpt: ...adium. (Ibid.) On or about November 26, 2017, Martinez was assigned to the kitchen to wash dishes and prepare food. (FAC, ¶ 9.) Around 1:00 p.m., Martinez was preparing food in the “North Trophy” kitchen when, without her consent, an individual grabbed and squeezed her right breast from behind. (Ibid.) She quickly turned around and saw an adult male running away towards food racks located on the opposite side of the kitchen. (Ibid.) The adul...

Excerpt: ...und C. Factual This case arises out of Defendants' repeated defiance of public health orders issued by the County to control the spread of Covid‐19. The Covid‐19 pandemic began in California in March of 2020. (FAC, ¶ 21.) Prior to the development of the Covid‐19 vaccines, the best way to protect the public was to undertake health‐risk mitigation measures to prevent transmission and infection, such as face coverings, maintaining sufficien...

Excerpt: ...Plaintiff was working at the AC2 when he slipped and fell, resulting in severe injuries. D. Procedural Based on the foregoing, Plaintiff initiated the instant action with the filing of the (form) Complaint on February 20, 2020, asserting claims for: (1) general negligence; and (2) premises liability. On May 5, 2021, Defendant filed the instant motion for summary judgment. Plaintiff opposes the motion. V. Defendant's Motion for Summary Judgment A....

Excerpt: ...� contractual causes of action. Iron seeks attorney's fees incurred both under the contract and in defense of the non‐contractual causes of action. Slater denies that Iron was the prevailing party or that Iron is entitled to recover fees. Alternatively, Slater contends that the fees requested are unreasonable. DISCUSSION A. Legal Standard CCP § 1032 provides that except as otherwise expressly provided by a statute, the prevailing party in an a...

Excerpt: ... until 2017. (Ibid.) In May 2017, David Carpenter (“Carpenter”), as an officer of Numeric, called LinkedIn to explore the possibility of placing marketing content on their website and purchasing some of their other services. (SACC, ¶ 14.) On June 17, 2017, Sean O'Kane (“O'Kane”), Enterprise Relationship Manager of LinkedIn, and a person authorized to make statements on behalf of LinkedIn, conducted a telephone meeting with himself, Carpe...

Excerpt: ...met their burden of proof for obtaining relief. The Court previously denied Defendants' request that this matter be heard on an ex parte basis. Finding no immediate danger or irreparable harm, the Court denied ex parte relief. Defendants refiled their application as a noticed motion. The Court finds no fault with Defendant in that regard. The Court therefore will consider whether Defendants meet their burden of proof. DISCUSSION A. Legal Standard...