Excerpt: ...z (“Rodriguez”). (FAC, ¶ 22.) Rodriguez was approved, licensed, trained, supervised, and/or compensated by the County. (Ibid.) During his placement, Plaintiff was repeatedly sexually assaulted and abused by Rodriguez. (FAC, ¶ 23.) Rodriguez had care, custody, and control of multiple minors in addition to Plaintiff, including two other siblings. (FAC, ¶ 24.) Rodriguez sexually abused those foster children, as she did Plaintiff, which was re...

Excerpt: ...s. In its ruling of 11/4/21 this Court specifically found that Alliance's Document Requests 1, 2, 3 and 6 were overbroad. Yohanan and Coyote, despite objecting to these demands, had agreed to produce certain documents that were identified by bates stamp number. The Court sustained the objections but ordered Yohanan and Coyote to produce any document they identified and promised to produce despite their objection. In its order, the Court stated th...

Excerpt: ...ion. PANW's motion and Rising's joinder are opposed by Plaintiff. DISCUSSION E. Legal Standard 1. Arbitration of Disputes 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....

Excerpt: ...genuineness of each document specified in Defendant's First Set of Requests for Admissions, be deemed admitted and conclusively established for all purposes in this action. Defendant also seeks monetary sanctions. The motions have been properly served. DISCUSSION A. Legal Standard 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 ...

Excerpt: ...Under California law, “a civil litigant's right to discovery is broad. Any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action . . . if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence.” See Williams v. Super. Ct. (2017) 3Cal.5th 531, 541 (citing CCP§ 2017.010) (internal quotati...

Excerpt: ...021, Pomogaibo went to Berman's office 3 times to serve the summons for Case No. 20CV370774. (Complaint, p. 4, ln. 21‐22.) The Complaint alleges that Berman installed a video‐camera at the door to avoid being served because she knew about the lawsuit and “does not like to be sued.” (Complaint, p. 4, ln. 22‐24.) On May 12, 2021, Pomogaibo went to her office for the third time. (Complaint, p.4, ln. 27‐28.) Hours later, Pomogaibo receive...

Excerpt: ...Gandhi co‐own Defendant HCI.2 (SAC, ¶ 6.) The SAC contends that Wu and Gandhi engaged in multiple instances of self‐ dealing and other wrongdoing. In April 2015, Wu was hired by CSC Group. (SAC, ¶ 11.) She was elected a member of the Board of Directors (“Board”) and she remained on the Board until September 2020. (Ibid.) On May 20, 2015, CSC Group established CSC Group International Corp. (“CSC International”), which was Hone Capita...

Excerpt: ... 2021, Plaintiff Wu alleges Defendant CSC Group hired Plaintiff Wu as Co‐President in April 2015 to lead a $1 billion venture capital investment project in the U.S. (TAC, ¶¶ 19‐20.) Plaintiff Wu alleges she established a $100 million fund called CSC Upshot Ventures I, LLP (“Upshot”), for which CSC Group was obligated to fund the full $100 million. (Id. at ¶ 22.) Plaintiff Wu served as CSC Group's “designee” for Upshot and made inve...

Excerpt: ...intiff is the owner of property located at 580‐ K N. Rengstorff Avenue in Mountain View (the “Premises”). (Company, ¶ 1.) On September 15, 2016, Plaintiff's predecessor in interest and defendants Oscar Munoz, Raquel Munoz and Taqueria La Bamba, LLC (the “Taqueria”) (collectively, “Defendants”) entered into a written lease agreement (the “Lease”) whereby the Premises was leased to Defendants for five years with minimum monthly b...

Excerpt: ...ire. According to Viola, this equipment was highly technical and contained protected trade secrets. Viola subcontracted with nonparty ECS to destroy the equipment. It is alleged that the Taggarts were and All Metals were owners of ECS. Viola claims ECS falsely certified that it completed the recycling and destruction of the equipment. ECS is alleged to have sold supposedly destroyed equipment to All Metals which is company in which the Taggarts h...

Excerpt: ...eir fiduciary duties to Hone. Hone contends that HCI's involvement with the entities Wu and Gandhi created facilitated their wrongful withholding of funds rightly belonging to Hone and that the discovery it propounded on HCI is directly relevant to Hone's constructive trust allegations. The Motion is opposed by HCI and the opposition is joined by HCI's former counsel of record. DISCUSSION A. Legal Standard The right to discovery generally does no...

Excerpt: ...olution. (Complaint, ¶¶ 9‐10.) Decent never filed for a divorce or moved out of the family home during the entirety of the marriage. (Complaint, ¶ 11.) Unbeknownst to Plaintiff, Decedent was having an affair with Defendant between 2013 and 2017. (Complaint, ¶ 13.) In 2016, Decedent was diagnosed with a terminal illness. (Complaint, ¶ 13, subd. (a).) Plaintiff became Decedent's caregiver and, with the help of their sons, cared for Decedent ...

Excerpt: ...30 Alum Rock Avenue San Jose CA, 95127, Santa Clara, California. (Complaint, ¶ 1.) Turner and Reandeau jointly presented a check from Flagstar that was made payable to both of them in the amount of $40,000. (Complaint, ¶ 2.) At the time, Citibank's teller examined the identification of Turner and Reandeau before they signed the check. (Complaint, ¶ 3.) After Reandeau signed the check, he stepped away to take a phone call. (Complaint, ¶ 4.) Tu...

Excerpt: ...AC filed by S3G. I. Background A. Factual This is an action for trade secret misappropriation and fraud, among other things. According to the allegations of the operative First Amended Complaint (the “FAC”), plaintiff 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. (FAC, ¶ 1.) In 2007 S...

Excerpt: ...s. 7‐9, 11, 15‐16, 20, 25‐ 27 and 29‐35. Kumar sought monetary sanctions in the amount of $5,635.30. The motion was opposed by Jade Global. The Court referred the parties to an informal discovery conference and after two sessions a partial agreement was reached. The parties reached agreement as to Special Interrogatory Nos. 24‐26, 29, 32‐33, and 40‐ 47, and Inspection Demand Nos. 7‐9 and 20. The parties reached a partial agreement...

Excerpt: ...LLC (“GTL”), Lotus Class, Inc. (“Lotus Class”), Atour Amirkhas, Grace Amirkhas and Lotus Shin (“Shin”), Wei Liu and V3CRE, Holdings, LLC (“V3CRE”) (collectively, “Defendants”) on Plaintiffs' First Amended Complaint (“FAC”). III. Background C. Factual This is a public nuisance action for injunctive relief and civil penalties arising out of a dispute concerning electric signs displayed in the City of San Jose. According to t...

Excerpt: ... contract between the parties. The motions are opposed by Rajaa Sonai and Maria Menjivar (Plaintiffs) According to Plaintiffs' Second Amended Complaint (SAC) Plaintiffs entered into a loan with Defendant after it falsely promised that it would revise the term after two years. There is no dispute that the loan was for $975,000.00 and that Plaintiff's signed a Promissory Note (“Note”) and executed a Deed of Trust (DOT) putting up property locat...

Excerpt: ...ment”) for the premises located at 950 The Alameda, San Jose, California 95126 (the “Premises”) for the purpose of running a coffee shop. (FACC, ¶ 4.) Tran and Lam created Crema Coffee as the business entity for their coffee shop and Tran is the sole member of the LLC. (Ibid.) The Lease Agreement included provisions that shifted all of the responsibility to comply with the Americans with Disability Act (“ADA”) and the Unruh Civil Right...

Excerpt: ... et seq. (the “UCL”). Both Plaintiffs are in the business of semi‐conductor/miscellaneous electronic equipment and parts, refurbishment and repair. (FAC, ¶¶ 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 in...

Excerpt: ...ges consisting of vehicle repair costs and rental car costs incurred as a result of the incident. Ultimately, a judgment against Defendant and in Plaintiff's favor in the amount of $1,350 was entered. Apparently dissatisfied with the aforementioned judgment, Plaintiff filed the instant action on November 20, 2019 entitled “Appeal from Small Claims Judgment … Based on Mistake and Legal Error,” seeking to set it aside and requesting the issua...

Excerpt: ...ut of a legal malpractice action. Defendant failed to respond to Plaintiffs' discovery. Plaintiffs' unopposed motion to compel was granted. Defendant thereafter failed to obey the Court's order compelling his response. Plaintiffs moved for terminating sanctions for Defendant's failure to obey a court order. That motion was unopposed by Defendant. Plaintiffs' motion was tentatively granted unless Defendant appeared at the hearing to oppose the mot...

Excerpt: ...ons. III. Background C. Factual This is an action for breach of contract, among other things. According to the allegations of the operative First Amended Complaint (“FAC”), on September 12, 1996, New Cingular (then known as AT&T PCS Services Inc.) entered into a commercial lease agreement with Whispering Oaks Heath Care Center Inc. (“Landlord”). The lease called for Landlord to leave certain space on a water tank on its premise for use in...

Excerpt: ...America credit card. (Complaint, ¶ 5.) The card was used until it was closed due to nonpayment and Bank of America then sold the account to Hudson & Keyse, LLC (“Hudson”). (Id.) In 2008, Hudson filed suit in Fresno County Superior Court against Maria E. Mendoza and obtained a default judgment in the amount of $2,893. (Id.) Plaintiff was unaware of the preceding events until March 2019, when Defendant enforced the aforementioned judgment thro...

Excerpt: ...14, CSC Group began their efforts to establish a subsidiary in Silicon Valley. (SAC, ¶ 11.) In April 2015, CSC Group hired Wu to lead these efforts. (Ibid.) She was elected a member of the Board of Directors of CSC Group and remained a director until September 2020. (Ibid.) In May 2015, CSC Group established Hone Capital's predecessor company CSC Group International Corp. (“CSC International”). (SAC, ¶ 12.) Wu was appointed the president. (...

Excerpt: ...ll be brought to trial within five years after the action is commenced against the defendant.” COVID Emergency rule 10 extended the time in which to bring a civil action to trial due to court closures imposed by shelter in place orders. Emergency rule 10 (a) provides that: “Notwithstanding any other law, including Code of Civil Procedure section 583.310, for all civil actions filed on or before April 6, 2020, the time in which to bring the ac...