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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...), 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: ...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...