Excerpt: ...their affirmative obligation to provide accurate itemized wage statements… [m]ore specifically, whenever Plaintiff was paid shift differential wages, including for night and weekend shift differentials, the hours worked for shift differentials were redundantly listed in the total hours worked section, such that the total hours worked were incorrect.” (Audycki initial complaint, ¶ 30.) “Plaintiff is informed and believes and based thereon a...

Excerpt: ...ously and suggested Bay Area Seafood (“BAS”) as a potential buyer. (See complaint, ¶ 10.) Throughout 2019, Young consulted with Defendants a number of times, regarding the sale of ABC. (See complaint, ¶ 11.) Young reached out to other potential buyers and sought Defendants' advice, who dissuaded him from entering into an agreement with a Chinese distribution company, and instead recommended that he sell ABC to BAS. (See complaint, ¶¶ 11�...

Excerpt: ...nt Code §§ 12650, et seq., retaliation in violation of Labor Code § 1102.5, and failure to engage in the interactive process. On July 22, 2020, FNI filed a cross‐complaint (“XC”) alleging that JB failed to show up for work for several days in a row without notice and had actually taken parallel employment with another company and did not work as a full‐time employee of FFN. (See XC, ¶¶ 10‐15.) JB had agreed as a term of employment ...

Excerpt: ...married to Remy Sanouillet. Ms. Cornet worked at a restaurant in Mountain View and made efforts, individually and through her company, Opa Verde, to purchase the restaurant from Kaddu. Cornet purchased the restaurant from Kaddu in late 2011 and paid $200,000 towards the purchase but purportedly abandoned the restaurant in October 2012. According to Brar, before Ms. Cornet missed rent payments and abandoned the restaurant, the landlord was willing...

Excerpt: ...ctual listing agreement with plaintiffs Silicon Valley Real Estate Group, Inc. (“Keller Williams”) and Keke “Coco” Tan (“Tan”) (collectively, “Plaintiffs”) whereby Plaintiffs agreed to list and market the property for sale and the Hans agreed to give Plaintiffs the exclusive and irrevocable right starting on February 1, 2018 until August 31, 2018 to sell the property in the capacity of the Hans' real estate agent and broker and to...

Excerpt: ...ying Plaintiff because she was unable to process payments using her international bank and was unable to write checks through her bank account in the United States. (See complaint, ¶ 7.) At that point, Mikaela's mother, defendant Meruert Berkalieva (“Meruert”) began paying for the tutoring services. (See complaint, ¶ 8.) Meruert urged Plaintiff to invoice her quarterly because Meruert was incurring high flat fees for international banking c...

Excerpt: ...Hilton Garden Inn and International Hotel Associates No. 3 LLC dba Creekside Inn‐A Greystone Hotel (“Palmetto” “Creekside”) have filed a request for joinder in the motion. The joinder request is GRANTED. Plaintiff has filed an opposition to the motion. According to defendants, plaintiff has filed over 1,700 fraudulent ADA lawsuits in the state and federal courts and was suspended by the Arizona State Bar for doing so. He was disbarred i...

Excerpt: ... Factual and Procedural Background This action arises out of a real estate transaction. According to the allegations of the operative TAC, Krucker owned real estate located at 620 Emerson Street in Palo Alto, California. (TAC, ¶ 14.) On February 26, 2013, Krucker entered into a purchase agreement with Yo for the sale of the property for $3,350,000. (Id. at ¶¶ 14‐15.) In accordance with the terms of the contract, Yo deposited $50,000 with Fir...

Excerpt: ..., Jin was the president. Defendant Fuzu Li (“Fuzu”) was the vice president of the Alumni Association in 2018. On February 6, 2018, Jin, Fuzu and the 2018 Alumni Association president and cross‐defendant Yaning Li (“Yaning”), agreed that it was beneficial for the Alumni Association to become a formal California non‐profit organization and apply for tax exemption status under section 501, subdivision (c)(3) of the Internal Revenue Code....

Excerpt: ...August 7, 2019, Plaintiff filed the FAC against Defendant, asserting causes of action for negligence and strict liability. Defendant moves for summary judgment. DEFENDANT'S MOTION FOR SUMMARY JUDGMENT Defendant's burden on summary judgment “A defendant seeking summary judgment must show that at least one element of the plaintiff's cause of action cannot be established, or that there is a complete defense to the cause of action. … The burden t...

Excerpt: ...ffice. (See complaint, ¶ 9, exh. 1.) Plaintiff contends that National City Bank was defunct on October 23, 2014 when the assignment was recorded and therefore, the individual signing the document, James Kucherka, was not authorized to execute the subject document, has committed a fraud upon the court, was employed not by National City Bank but by Relevant Solutions, LLC, is a robo‐signer and did not sign the document because there are multiple...

Excerpt: ...Since February 2, 2001, defendant Taco Bell Corporation (“Taco Bell”) has operated a restaurant at the Mirassou family's property under a 20‐year lease (that was recorded in this county). (See SAC, ¶ 8.) The lease includes a right of first refusal giving Taco Bell the option to purchase the Mirassou family's property. (See SAC, ¶ 8, Exh. B, § l9.1.) SBH claims that—without knowledge of Taco Bell's option—it also subsequently acquired...

Excerpt: ...i Fan (“Fan”) to marry him, and she initially accepted but then rescinded, making any engagement conditional on certain financial conditions being met and her parents' approval. (See FAC, ¶ 3.) Liu and Fan's parents began negotiating the pre‐marriage financial requirements, including adding Fan as a co‐owner on the property before the marriage, Liu purchasing wedding rings and an engagement ring prior to marriage, preparing a wedding wit...

Excerpt: ...signed nonsolicitation and non‐ competition agreements, in February 2008, Taresh and Amar agreed to form the company but have all shares issued in their wives names, Swapnil Anand (“Swapnil”) and Taproop Virk (“Taproop”), respectively. (See TAC, ¶ 11.) Taproop paid $35,000 and Amar began working for defendant Anjaneyap, Inc. (“AI”) for a 49% interest in AI. (See TAC, ¶ 12.) In March 2009, Amar realized that they did not have any p...

Excerpt: ...ction 8 (a) of the contract, the closing date for the transaction was required to occur when a certificate of occupancy was issued, as San Jose Municipal Code § 24.02.610(A) prohibited usage or occupancy of the subject property prior to the issuance of a certificate of occupancy. (See SAC, ¶¶ 15‐16.) The certificate for occupancy was issued on January 31, 2018 and San Jose has repeatedly rejected TM's attempts to obtain a certificate of occu...

Excerpt: ...antez, and, in April 2015, arranged for the merger of Plaintiff with Talamantez' Castling Kids Chess, and then the hiring of Talamantez as Plaintiff's Director of Enrichment. (See SAC, ¶¶ 37‐38.) On May 14, 2018, Talamantez executed a nondisclosure agreement with Plaintiff, in which he agreed not to disclose Plaintiff's confidential information or solicit its customers and to return all property in his possession at the time of termination wi...

Excerpt: ...iffs. (See TAC, ¶ 14.) Subsequently, Plaintiffs discovered a lien existed, clouding title to the subject property, and notified Pham who re‐affirmed that such lien was non‐existent due to fraud and that he would clear that lien. (See TAC, ¶ 15.) Unfortunately, Pham was unable to clear the lien on the property. (See TAC, ¶ 16.) Plaintiffs assert that the initial lender Mylor obtained the underlying loan application, the documents supporting...

Excerpt: ...ase the Property and to renovate it in the months that followed. (See complaint, ¶¶ 9‐11.) In October 2017, Plaintiff executed a deed grant deed to convey title to the Property to herself and Defendant as tenants in common with each holding an undivided 50‐percent interest in the Property as an unmarried individual. (See complaint, ¶ 13.) Plaintiff alleges she felt pressured by Defendant to sign the deed even though he did not contribute f...

Excerpt: ...business development with StrongSalt. (See complaint, ¶¶ 13‐15.) In July 2018, Plaintiff facilitated relationships and opportunities for Defendant and StrongSalt, and Defendant praised Plaintiff's work ethic, productivity, results, ability to connect the company to strategic partners, investors and individuals in the privacy and security space. (See complaint, ¶¶ 16‐18.) In March 2019, Defendant told Plaintiff that he would make her a cof...

Excerpt: ... Best Build Construction, Inc. (“Best Build”) to remodel their home. Best Build, in turn, hired subcontractor Lopez. Plaintiffs allege Best Build and its subcontractors, including Lopez, did not carry out the construction project in accordance with the specifications in the contract and with due care. In the previous pleading—the third amended complaint—Plaintiffs asserted a cause of action against Best Build for breach of contract and a ...

Excerpt: ...ainst defendants the Mountain Winery and Does 1–100. Although the property where Plaintiff fell is known as the Mountain Winery, the real party in interest who owns the property is Chateau Masson, LLC (“Chateau”). And, Plaintiff has since substituted general contractor Lexor Builders, Inc. (“Lexor”) for Doe 1. Chateau and Lexor now move for summary judgment of this negligence action. Lexor's motion is accompanied by a request for judici...

Excerpt: ...e car for repairs. Instead of informing Plaintiff of the collision, SF Exotic tried to conceal the occurrence of the collision and associated damage to the car. Plaintiff alleges SF Exotic took his Ferrari to a nearby body shop operated by defendant Anthony's Auto Craft, Inc. (“Anthony's”). According to Plaintiff, Anthony's is not a collision shop that has been officially approved and authorized by defendant Ferrari North America, Inc. Anthon...

Excerpt: ...ation with a principal place of business in Dallas, Texas. (See Muthukalai decl., ¶ 2.) The subject contract was to be performed entirely in California by a California resident and MAE's consultant, defendant Rohanreddy Thummala (“Thummala”). (See complaint, ¶ BC‐1; see also Muthukalai decl., ¶¶ 3‐6; see also Muthukalai decl., exh. 2.) According to MAE, Thummula is unrelated to the dispute between it and Photon. (See Adamson decl., ¶...

Excerpt: ...”). Prior to purchasing the Property, Gurmail and Defendants agreed that he would own a 50‐percent interest in the Property—which would be held in trust by Gurmail's father Gian and mother Mahinder—in exchange for paying 50 percent of the mortgage and property taxes. Gurmail alleges that while he paid his share of the mortgage and taxes on the Property, Defendants failed to hold his interest in trust and transferred it in 2019. The deed a...

Excerpt: ...el of real property at 1034 Luther Avenue in San Jose, California (the “Property”). Although the FAC lacks clarity, Plaintiff does allege that Defendants falsely promised not to foreclose and to return the Property to him. Apparently, the Property was then sold in 2017 and again in 2018 and has appreciated significantly in value. Plaintiff takes issue with what transpired. Plaintiff also alleges that a settlement agreement attached to his com...