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...

Excerpt: ... tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 19 October 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION OF PLAINTIFF TO CONDUCT EARLY DISCOVERY. I. Statement of Facts. Plaintiff filed this action on 11 August 2020.9 The complaint alleges a single cause of action for stalking. He alleges that he was a former inmate in the California pris...

Excerpt: ...t, San Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 19 October 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDERS ON MOTIONS OF PLAINTIFFS TO: 1. COMPEL DEFENDANT TLC ETC. FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE; AND 2. COMPEL DEFENDANT TLC ETC. TO PROVIDE FURTHER RESPONSES TO SPECIAL INTERROGAT...

Excerpt: ... Nevets Lane in San Jose. (See FAC, ¶¶ 1‐2.) On March 27, 2018, Liu asked Defendant Siqi 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, Li...

Excerpt: ...st Street, San Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 19 October 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION OF DEFENDANT GERSHON MOSHE HAHN FOR SANCTIONS PURSUANT TO CODE OF CIVIL PROCEDURE, §§ 128.5 AND 128.7. I. Statement of Facts. On 19 May 2020, Plaintiff filed this complaint.14 On or about A...

Excerpt: ... Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 19 October 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION OF DEFENDANT XL CONSTRUCTION CORP. FOR LEAVE TO FILE A CROSS‐COMPLAINT. I. Statement of Facts. Plaintiff filed this complaint on May 17th, 2018.11 The complaint arises from an incident on May 24th, 2016,...

Excerpt: ...rth First Street, San Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 19 October 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON (1) DEMURRER TO FIRST AMENDED CROSS‐COMPLAINT; AND (2) MOTION TO STRIKE PORTIONS OF FIRST AMENDED CROSS‐COMPLAINT I. Statement of Facts. Plaintiff Blue Creek Capital, LLC (“Blue Creek�...

Excerpt: ... claimed that Plaintiff had committed assault and battery as well as being “dishonest… in his business dealings,” and filed these claims with Indian authorities, and published and republished these knowingly untrue statements to relatives, friends, and members of the Indian and California business communities, including AV Subramanyam, V.T. Venkata Ramana, Ram and Anupama Sura, DLN Shastri, and Plaintiff's mother‐in‐law Bhaunmathi. (Id....

Excerpt: ...ervicing (“Ocwen”). Plaintiffs owned a primary residence at 2220 Rolling Hills Drive in Morgan Hill, California (the “Property”). According to the first amended complaint (“FAC”), in 1993, Plaintiffs mortgaged the Property to secure a loan from the Prudential Home Mortgage Company. (FAC, ¶ 22 & Ex. 1 [Deed of Trust].) Following an initial assignment in 1997, in 2004, a second assignment was made. (FAC, ¶ 23; see also Compl., Ex. 2 [...

Excerpt: ...“Remax”) (collectively, “Defendants”) for the purchase of property at 1082 Valentine Court in San Jose for $1.6 million. (See FAC, ¶ 8.) When escrow closed on March 30, 2016, construction was still unfinished and Masoumi and AP agreed to complete the construction in a workmanlike manner, incorporating a punch list into the Purchase Agreement. (See FAC, ¶ 9.) AP and Masoumi represented that construction would be finished and any necessar...

Excerpt: ...she tripped on a wooden pallet concealed by black plastic. When Sinnott tripped on the pallet, she fell to the ground and, in the process, fell on her son. Both Sinnott and Anthony were injured. Sinnott struck her head on the ground, which caused a concussion, and also injured her right finger, shoulder, and back. Sinnott's son had bruises, scratches, and injuries to his neck, back, and pelvis. When Sinnott attempted to get up off the ground, she...

Excerpt: ...5 and 2016, respectively, to be its Principle Engineer. (See complaint, ¶¶ 14‐15.) The first forgivable loan was made to Kuta on August 3, 2015. (See complaint, ¶ 16.) At the end of May 2016, Kuta met with CT's CEO, Nitin Mehta, who raised Kuta's salary to $180,000 per year. (See complaint, ¶ 18.) Kuta asked Mr. Mehta about the second forgivable loan, but did not receive a response. (Id.) Kuta was in a rush to get a beta version of their pr...

Excerpt: ...in the course of rooming together, Defendant asked Plaintiff for a $25,000 loan for her party planning and staging business. Plaintiff agreed and wrote Defendant a check for $25,000. From November 2018 until August 2019, Defendant repaid the loan in monthly installments of $615. But on August 30, 2019, Defendant stopped making payments and also locked Plaintiff out of the Apartment. Defendant then pursued an unlawful detainer action despite alrea...

Excerpt: ... Act of 1938 (“FLSA”), and Labor Code §§ 201‐203, 226.7, 510, 512. (See complaint, ¶¶ 6‐45.) Defendant Michael A. Bonfante (“Bonfante”) is alleged to be the alter ego of BN. (See complaint, ¶ 2.) On September 17, 2020, Plaintiff filed the complaint against BN and Bonfante (collectively, “Defendants”) asserting causes of action for: 1) Violation of Fair Labor Standards Act—overtime compensation (against all defendants); 2) V...

Excerpt: ...$3,900,000. In August 2017, La Encina terminated the agreement. Group One claims it is owed $985,141. And so, Group One commenced this action to recover that sum based on causes of action for (1) breach of contract and (2) foreclosure on mechanic's lien. La Encina then filed a cross‐complaint naming Group One and its proprietor Richard Foust as cross‐defendants. La Encina claims Group One failed to complete all of the necessary work and faile...

Excerpt: ...ugh assessment in connection with arranging a loan. (See SAC, ¶ 22.) In February 2016, Plaintiffs entered into a loan agreement with CHL for the amount of $1,150,000, secured by a deed of trust on the subject property to be processed, serviced and managed by Kenoyer, and defendant K.C. Knapp (“Knapp”) of CHL. (See SAC, ¶ 23.) Unbeknownst to Plaintiffs, Knapp had his real estate broker's license revoked on January 9, 2016, prior to the loan ...

Excerpt: ...nment by making inappropriate comments, leering at him, and asking other male employees whether they liked him. Then, in July 2019, Reynoso groped Plaintiff at a job site in front of two Foremen Supervisors. Plaintiff rejected this behavior and complained, but neither the Foremen Supervisors nor Mancini intervened in the moment or thereafter. After Plaintiff complained, Mancini refused to provide him with information about his next job and requir...

Excerpt: ...heng”) that he had discovered a cure for Huntington's Disease, and possibly, other nucleotide repeat diseases as well, such as amyotrophic lateral sclerosis, and muscular dystrophy. (See SAC, ¶ 14.) Cohen represented that the small molecule, “NU 106” or “HD 106,” passes through the blood/brain barrier, and decreases the aggregation of the mutant protein, and the oral delivery of the molecule, coupled with a non‐invasive cell‐based ...

Excerpt: ...en owners Paul and Toni Liccardo to purchase the Property for $2,695,000. Plaintiff alleges an unspecified grant deed described three constituent parcels, namely an easement, a portion of Wood Road, and another parcel that was the “substance of the property conveyed.” (SAC, ¶ 11.) Plaintiff and RADE planned to renovate and resell the Property within 18 months of purchase with Plaintiff financing the renovation. (SAC, ¶ 13.) As planned, RADE...

Excerpt: ...�) to comply with a subpoena for business records. For context, Mohebbi originally sought out Aria for advice on immigration law. (Vatankhah Decl., ¶ 3.) He wanted to seek asylum and emigrate from Iran after an attempt to get a visa through the EB‐5 investor program did not work out. (Vatankhah, ¶¶ 3–4.) Mohebbi claimed that the individuals who were to procure the investment project to support his EB‐5 visa application defrauded him. (Va...

Excerpt: ...ing practice and form a new practice of their own. (FAC, ¶ 8.) The surgeons met defendant Blatz—then counsel for defendant Bay Area Surgical Management, LLC (“Surgical Management”)—through an acquaintance and hired him to assist with the formation and incorporation of their new practice, including the hiring of a practice manager that could provide billing and other management services. (FAC, ¶¶ 9–11.) Blatz provided inadequate legal...

Excerpt: ...5, 2018, Suzhou and Vitriflex entered into a memorandum of understanding for the M&A transaction plan in which Suzhou would loan Vitriflex $1.7 million through Plaintiff to keep the daily operation of Vitriflex. (Id.) On September 12, 2018, Plaintiff and Vitriflex entered into an Equipment Procurement Contract and Supplementary Contract to the Equipment Purchase Contract. (See FAC, ¶ 14, exh. A.) Plaintiff agreed to wire $1.7 million as a deposi...

Excerpt: ...sband Peter V. Lunardi, III; (3) defendant and crosscomplainant Eric Swallow, a former business partner (“Swallow”); (4) cross‐defendant Patrick Tierney (“Tierney”); and (5) other defendants1 neither named in the cross‐ complaint at issue nor implicated in the proceeding currently before the Court. Before the Court is a motion to strike and demurrer to Swallow's third‐amended crosscomplaint (“TACC”) brought primarily by Tierney ...

Excerpt: ....) In January 2018, Plaintiff discovered discrepancies in Defendants' invoices and incomplete or defective workmanship. (See TAC, ¶ 20.) When Plaintiff was unable to amicable resolve the disputed invoices and receive adequate assurances that the restoration work would be done in an acceptable manner, Plaintiff retook possession of the vehicle and filed a complaint with the California Bureau of Automotive Repair. (Id.) The Bureau investigated the...

Excerpt: ...s investment plus a pro‐rata share of 50‐percent of the gross profits generated by the movie. (Compl., ¶ 12 & Ex. A.) Chey was to return the investment and profits on a first‐dollar back basis, meaning that as Chey received money he would disburse those funds to Ray until such time as the entire amount due had been repaid. (Compl., ¶ 12.) Ray subsequently invested additional funds, and so he and Chey executed addenda documenting his incre...

Excerpt: ... the road and struck Decedent, ultimately resulting in his death. (Id.) Sims and defendant Charron Metals Corporation (“CMC”) were responsible for the property located at 1800 Monterey Road and the vehicles entering from public streets thereon, exercising control of the roadway as to control traffic that entered the property. (See FAC, ¶ Prem‐L‐5.b.) Sims and CMC negligently failed to keep the public street and motorists safe from Defend...

Excerpt: ...se owns a house situated on Stanford's land at 550 Lasuen Mall (part of an area historically known as “Greek Row”), which land it occupies pursuant to the Ground Lease executed in 1976 and amended in 1991. (FAC, ¶¶ 8–11 & Ex. A.) Despite the Alpha Omega chapter's long history as a fraternity at Stanford and as a housed fraternity with an on‐campus residence—in which it invested millions of dollars and to which it made seismic renovati...

Excerpt: ...ked at United in several capacities, including as a veterinarian, development director, and hospital medical director; he executed agreements for each of these roles. (SAC, ¶ 15.) Plaintiff claims that United and its staff— including defendants Denise Shirey (hospital administrator) and Andrea Moore (President of United's Board)—commenced an investigation based on pretext, placed him on administrative leave, wrongfully terminated him without...

Excerpt: ...xclusively from 2013 until 2019 when he left the company. Hernandez primarily assembled, painted, refurbished, erected, and installed signs and sign posts to market real estate. At the time Hernandez left, his hourly wage for this work was $13.00. Hernandez alleges that Opticom failed to pay him the City of San Jose's minimum wage of $13.50 per hour in 2018 and $15.00 per hour in 2019 and failed to pay him overtimes wages for the excess hours he ...

Excerpt: ...ally necessary and physician‐ordered services to the respective patients, and charged the reasonable value of services provided. (See TAC, ¶¶ 36, 45, 53.) Patient 1 did not identify any health care coverage when she presented herself to DMC and thus was registered as uninsured; however, it was later discovered after she was discharged that she was actually covered through Valley Health Plan, a public health plan operated by and through defend...

Excerpt: ...ng through UCLA's Institute for Technology Advancement (“ITA”) and suggested that Plaintiff present to ITA. (Id.) On October 7, 2009, Plaintiff provided Konda Tech's business presentation to Markovic and ITA in confidence. (Id.) On October 12, 2009, just prior to presenting to ITA, Markovic, for the first time, indicated that Plaintiff should not expect ITA to fund Konda Tech because ITA does not fund technologies built outside UCLA. (Id.) IT...

Excerpt: ...hen Pham worked for it as in‐house counsel with a focus on intellectual property, including patent licensing and litigation, he was neither licensed to practice in California nor alternatively registered as in‐house counsel with the State Bar of California and had been suspended by the only jurisdiction where he held a license, Wisconsin. Verint additionally alleges that when Pham voluntarily departed to work for a direct competitor, he downl...

Excerpt: ...ed that the McNish family and the Stager Bikle family own neighboring parcels of land, which are held in trust by plaintiff the Ian McNish Revocable Trust Dated December 11, 2013 (the “McNish Trust”) and defendant the Stager Bikle Revocable Trust (the “Stager‐Bikle Trust”).3 The McNish Trust's property is located on Dawnridge Drive, while the Stager‐Bikle Trust's property with an address on Magdalena Avenue is landlocked.4 According t...

Excerpt: ...e funds for purposes other than the purpose for which the funds were gifted.1 Hertzfeld asserts causes of action against Tanaka for conversion and for trafficking in stolen goods under Penal Code section 496, subdivision (c). Tanaka, in turn, filed a crosscomplaint seeking indemnity and contribution from her ex‐ husband Nikolas. Before the Court is a dispute over Hertzfeld's subpoena to a third party—deponent Pulkit Gulati (“Gulati”), Tan...

Excerpt: ...Road and Keith Way in Morgan Hill. A house fronts Keith Way on the east side of the parcel while a commercial building occupied by tenant Enterprise Rent‐a‐ Car fronts Monterey Road on the west side of the parcel. South of Plaintiffs' land is a cluster of neighboring parcels that also span from Monterey Road on the west to Keith Way on the east, which parcels are the site of the new apartment complex planned, developed, and constructed by def...

Excerpt: ...019, plaintiff Sarah Vaughn was admitted to Covia's facility; she was wheelchair bound, considered nonambulatory and required two people to assist in physical movement. (See FAC, ¶ 12.) Covia assigned Rodriguez to the care and custody of Plaintiff as a certified nursing assistant. (See FAC, ¶¶ 13‐14.) On June 9, 2019, Rodriguez sexually assaulted and battered Plaintiff. (See FAC, ¶ 15.) After Plaintiff reported the incident to Covia's direc...

Excerpt: ... Home and Gilroy Funeral Home (collectively, “the Habings”), which entities purchased the Mt. Hope Memorial Park from Alderwoods Group, Inc. in 2004.2 In 1992, before the Habings purchased the cemetery, a decedent unrelated to Plaintiffs was incorrectly interred in one of the graves at their family's plot (grave 10) instead of in the neighboring double‐depth grave where the decedent and his wife were to be interred together (grave 8). (FAC,...

Excerpt: ... which Hashemieh is the managing member—from nonparty GEX Management, Inc. Although Hashemieh initially welcomed Setco and acknowledged its new status as a member of the LLC, Hashemieh and Payroll Express subsequently refused to acknowledge Setco's membership and accompanying rights, including the right to distributions. According to Setco, Hashemieh claims the sale of GEX Management, Inc.'s interest to Setco is void. And so, Setco commenced th...

Excerpt: ...ing practice and form a new practice of their own. (FAC, ¶ 8.) The surgeons met defendant Blatz—then counsel for defendant Bay Area Surgical Management, LLC (“Surgical Management”)—through an acquaintance and hired him to assist with the formation and incorporation of their new practice, including the hiring of a practice manager that could provide billing and other management services. (FAC, ¶¶ 9–11.) Blatz provided inadequate legal...

Excerpt: ... prosecuting an underlying business litigation and fraud case for Mohebbi in its capacity as co‐counsel with the law firm of Holland & Schenone (hereinafter “RHHS”). Subsequently, Mohebbi filed an action against Plaintiff for legal malpractice, fraud, overbilling and other claims that arising out of the prosecution of the underlying business litigation and fraud case that gave rise to Plaintiff's claim. The two cases were consolidated under...

Excerpt: ...erinary surgeon. (SAC at ¶1.) He entered into contracts with United for employment as a Veterinarian, Associate Veterinarian, Hospital Medical Director, and Development Director. (SAC at ¶14.) He was subsequently voted onto the Board of Directors of United. (Id.) During Plaintiff's employment, Defendants Shirey and Moore allegedly engaged in conduct contrary to United's interests which led to tension between them and Plaintiff. (SAC at ¶20.) L...

Excerpt: ...was again told that she was a trespasser and had to leave and not return. (Id.) While she was upset and traumatized, Plaintiff then gave her identifying information to Target store management and explained to the management that there was an error by security, and that they should fix the problem. (Id.) Despite the fact that Plaintiff provided Target management with her information, they did not contact her. (Id.) On November 1, 2018, Plaintiff f...

Excerpt: ...in and opening a new surgery center in November 2015. (First Amended Complaint (“FAC”), ¶ 10.) The Nguyens planned to cover the start‐up expenses with a personally‐guaranteed loan of $700,000. (FAC, ¶ 11.) They asked Trevino to both invest in and help launch the practice and also to personally guarantee this loan in exchange for 10 “units” of ownership interest amounting to a one‐third stake in the practice. (FAC, ¶ 11.) They pro...

Excerpt: ...to regularly account for and distribute profits to Lopez. When Lopez decided to leave the business in April 2019, Sharp locked him out, failed to provide him with an accurate final accounting and distribution, and retained possession of Lopez's metal‐cutting machine. Lopez's machine was valued at $50,000, and Lopez was still personally making monthly installment payments for the machine on top of the initial $8,000 down payment he made. Yet, Sh...

Excerpt: ...tiff seeks to recover the workers' compensation benefits it disbursed to Defendants for treatment of the employee's initial work‐related injury as well as additional benefits it had to disburse for the new and exacerbated injuries the employee suffered due to Massey's misconduct as a physician—consisting of a coerced, nonconsensual sexual relationship—which injuries were deemed to be an outgrowth of the original workrelated injury and subje...

Excerpt: ...further responses to requests for production of documents, set three (“RPD”). Julie opposes the motion. Neither Stephen nor Julie request any award of monetary sanctions. II. Motion to Compel The propounding party may move for an order compelling a further response to an inspection demand if the responding party's substantive response or objection is inadequate. (Code Civ. Proc., § 2031.310, subd. (a).) The propounding party must first “se...

Excerpt: ...rding to the allegations in the pleading, in 2015, Cohen and Cheng (collectively, “Defendants”) reached out to the Alafis about joining forces to develop a treatment for Huntington's disease through the company Nuredis, Inc. The Alafis would make a substantial capital investment while Defendants would contribute their scientific expertise, particularly their research into the mechanics of the gene mutation seemingly responsible for causing Hu...

Excerpt: ... Jen Hao Richard Chen (“Chen”), as owner of La Encina. (See FAXC, ¶ 12.) Prior to entering the contract, Foust questioned Chen about La Encina's ability to pay for Group One's services under the Contract; Chen assured Foust that La Encina had sufficient capital to cover the cost of the contract, it owned the property free and clear of other interests, would not leverage said equity and had money from multiple private Chinese investors. (See ...

Excerpt: ...n May 25, 2010, a notice of default and election to sell under deed of trust was recorded with the Santa Clara County Recorder's Office. (See FAC, ¶ 18, exh.2.) On July 7, 2010, a substitution of trustee was recorded with the Santa Clara County Recorder's Office, listing NDEX West, LLC (“NDEX”) on behalf of Wells Fargo Bank, N.A. successor by merger to Wells Fargo Bank Southwest, N.A. f/k/a Wachovia Mortgage FSB f/k/a World Savings Bank, FSB...

Excerpt: ...was again told that she was a trespasser and had to leave and not return. (Id.) While she was upset and traumatized, Plaintiff then gave her identifying information to Target store management and explained to the management that there was an error by security, and that they should fix the problem. (Id.) Despite the fact that Plaintiff provided Target management with her information, they did not contact her. (Id.) On November 1, 2018, Plaitiff fi...

Excerpt: ...and avoid a supervisor who was making her uncomfortable, Paknad took on a new role and began supporting Intuitive's commercial efforts in the Asia‐Pacific or “APAC” market (consisting primarily of Japan, Korea, China, and Taiwan). (FAC, ¶¶ 16–17.) Upon Paknad's transition to this new sales territory, she began reporting—directly and indirectly at times—to defendants Jeroen Van Heesewijk (“Van Heesewijk”), Senior Vice President o...

Excerpt: ...at the compounding pharmacy where she worked and that Pharmaca then terminated her shortly before her medical leave expired in retaliation and without engaging in an interactive process. Sewak asserts causes of action against Pharmaca and Stahl for: (1) negligence (against Stahl); (2) disability‐based discrimination (against Pharmaca); (3) failure to provide reasonable accommodation (against Pharmaca); (4) failure to engage in interactive proce...

Excerpt: ...play in the joints…to achieve a just result depending on the facts, law, and equities of the situation.” (Advanced Modular Sputtering, Inc. v. Super. Ct. (Mishin) (2005) 132 Cal.App.4th 826, 835 (Advanced Modular).) “The rule that a trade secret must be pled with ‘reasonable particularity' does not mean that the designation must be strictly construed against the pleader.” (Id.) “Generally speaking, pleadings are to be liberally constr...

Excerpt: ... Garden City's separate action against defendant Swallow (No. 16‐CV‐295297) on many occasions, these facts and allegations are not recounted in detail here. There is another discovery dispute. And so, the Court turns directly to this most recent discovery dispute between plaintiff John Park (“Park”) and Garden City. Before the Court is a motion by Park to compel Garden City to comply with a subpoena for the production of business records ...

Excerpt: ...at a facility in San Jose, and Deschryver as hospital administrator neglected him while he was in their care. According to Plaintiff, he was readmitted to the hospital in July 2019 due to a colon rupture that presented shortly after he had spine surgery the week before. (Compl., ¶¶ 24–26.) Plaintiff alleges Defendants knew he was reliant on them for basic needs because, among other things, he was paralyzed from the neck down. (Compl., ¶ 27.)...

Excerpt: ... non‐profit corporation status for the Association as early as February 6, 2018, and on March 27, 2018, Jin filed Articles of Incorporation of a Nonprofit Public Benefit Corporation, form ARTS‐PB‐501(c)(3), with the California Secretary of State. (See FAXC, ¶¶ 11‐12.) On June 25, 2018, Jin filed a Statement of Information with the California Secretary of State, listing Yaning as CEO, and Jin as Secretary and Chief Financial Officer (CFO...

Excerpt: ...arted working at Eat Club in February 2017, she learned of many wage‐and‐hour violations and reported these violations to the company's management. (Compl., ¶ 12.) In December 2017, Eat Club hired Tran to overhaul its employment policies and practices. (Compl., ¶¶ 13–18.) By March 2018, Tran had developed orientation and separation processes, an employee handbook, and performance review procedures, but she continued to receive pushback f...

Excerpt: ... offered to repair plumbing and perform maintenance at two rental properties owned by Plaintiff. He refused compensation for his work, but Plaintiff brought him coffee and helped with his laundry as a gesture of gratitude. In March 2017, Defendant was laid off from his local construction job. He absconded to his primary residence in Placerville—which he shared with his long‐term partner or spouse—without paying rent to Plaintiff and finishi...

Excerpt: ... the trustee, and CFS as the beneficiary. (Id.) On October 11, 2018, an assignment of the deed of trust was recorded, naming Civic Holdings I Trust (“Trust”) c/o Fay Servicing LLC (“Fay”) as the beneficiary; however, in violation of Code of Civil Procedure section 2937, Plaintiff was neither notified nor aware of this assignment. (See complaint, ¶ 12, exh. B.) Plaintiff set up auto draft to make monthly mortgage payments however, after t...

Excerpt: ... threatened Plaintiffs in full view and within the hearing of security officers and other employees of Denny's. (Id.) The employees and security officers did not intervene or take other steps to protect them from Vasquez. (Id.) Vasquez parked his vehicle and continued to insult and threaten Plaintiffs. (Id.) Vasquez then walked backed back to his vehicle and Plaintiffs walked away from the restaurant. (Id.) Vasquez followed Plaintiffs, and as Pla...

Excerpt: ... amended complaint, plaintiff and defendant Raul Richardson had an oral agreement to form and register THE AME LLC for the purpose of consolidating the property management business that had previously been conducted by and through defendant The Apartment Experts. Plaintiff and defendant Richardson agreed to equally divide the profits of the real estate management services business and did so from January 2016 to August 2016. Around October 26, 20...

Excerpt: ...d sold consumer talcum powder products containing asbestos, and that their husband/father Daniel Doyle used these products throughout his life which led to his death from mesothelioma. The original complaint was filed by Daniel Doyle in August 2018, and the Court granted his motion for trial preference based on the advanced and terminal nature of his disease. Trial was originally set for March 4, 2019, but Mr. Doyle died on December 20, 2018. On ...

Excerpt: ... care facility of which Ngai wholly owns and controls. (See FAC, ¶ 16.) Ngai told Huynh that he would be discharged from the nursing facility when he was stronger and promised Huynh and his wife, plaintiff Cindy Nguyen (“Cindy”), the best care that can be offered. (See FAC, ¶¶ 16‐17.) Based on Ngai's promises and recommendations, on May 15, 2019, Huynh was transferred to Mission. (See FAC, ¶¶ 18‐20.) Huynh's attending physician at Mi...

Excerpt: ...nch broke off and struck him, resulting in Plaintiff's injuries. (Id.) Plaintiff Christopher Rovere (“Plaintiff”) was within the course and scope of his employment with Sposeto Engineering, Inc. (“Sposeto”) at the time of the injury. (See initial complaint, ¶ GN‐1; see also Pl.'s opposition to demurrer to the FAC, p.2: 14‐19 (stating “Plaintiff is an employee of Sposeto Engineering, Inc…. Plaintiff stipulates to, and has never at...

Excerpt: ... for a vexatious litigant.” (Holcomb v. U.S. Bank National Assoc. (2005) 129 Cal.App.4th 1494, 1501.) Defendants argue that Plaintiff is a vexatious litigant under the first and third definitions. Additionally, counsel for defendant New Bridge Equity LLC and Hament Mahajan submitted a declaration highlighting meritless filings plaintiff made in connection with a lis pendens and mechanics lien, arguably coming under the third definition. As the ...

Excerpt: ... VTA approved a public transportation project which by design and necessity impacted access and ingress to K&M. (Id. at ¶ 5.) The project was scheduled to begin in early 2014, and end by late 2015. (Id. at ¶ 7.) Prior to starting the project, VTA filed a complaint in eminent domain against various defendants, including Plaintiff, in case number 12CV237430. (FAC, ¶ 8.) VTA sought condemnation of a small strip of land fronting Alum Rock Avenue, ...

Excerpt: ...homas Connors (collectively, “Defendants”). Rascon asserts causes of action against Defendants for: (1) violation of Evidence Code section 1158; (2) wrongful death; (3) negligence; (4) negligence per se (based on Welf. & Inst. Code, § 15610.27); and (5) breach of contract. Currently before the Court is Defendants' demurrer to the fourth cause of action as pleaded in the first amended complaint and motion to strike allegations from the pleadi...

Excerpt: ...ally necessary and physician‐ordered services to the respective patients, and charged the reasonable value of services provided. (See TAC, ¶¶ 36, 45, 53.) Patient 1 did not identify any health care coverage when she presented herself to DMC and thus was registered as uninsured; however, it was later discovered after she was discharged that she was actually covered through Valley Health Plan, a public health plan operated by and through defend...

Excerpt: ...to secure funding from several banks. The note specifies that the loan was to be repaid when funding was received and that in the event the banks returned an initial fee of $170,000, that amount would be returned to the Sullivans. The note also contains additional terms about the acquisition of the Sullivans' business, namely Sullivan Productions. The note specifies that upon obtaining financing WTKI was to purchase Sullivan Productions for $600,...

Excerpt: ...defendant, The Nicholson Family Partnership (“TNFP”). According to the allegations of the first amended complaint (“FAC”), MHC operates and manages Westwinds Mobile Home Park (“Westwinds”), located in San Jose and home to 1,600 resident subtenants. (FAC, ¶ 1.) Winkelmann is one of the subtenants who owns a home in the park. (Ibid.) MHC leases the land for the park from TNFP, under four ground lease agreements. (Ibid.) CountryPlace is...

Excerpt: ...o residents with mobile homes, including plaintiff Stacey Winkelmann (“Winkelmann”). (FAC, ¶ 1.) Some of the mobile homes are financed through CountryPlace Mortgage, Ltd. (“CountryPlace”). (FAC, ¶ 8.) Other mobiles homes in the park are sold or leased to residents through ECHO Financing, LLC (“ECHO”)—a joint venture between MHC and Cavco Industries, Inc. (FAC, ¶ 9.) Winkelmann alleges the Nicholson Family is attempting to unlawfu...

Excerpt: ...cise of civil rights under Civil Code section 52.1; (6) intentional infliction of emotional distress; and (7) unlawful seduction/sexual abuse of a minor. Currently before the Court is Defendant's demurrer to the second, third, fourth, fifth, and sixth causes of action on the ground of failure to state facts sufficient to constitute a cause of action. (Code Civ. Proc., § 430.10, subd. (e).) II. Discussion In general, “a complaint must contain �...

Excerpt: ...c Insurance Brokers, Inc. (“Leavitt”). Acrisure asserts causes of action against Trevino‐Coxson and Leavitt (collectively, “Defendants”) for: (1) breach of contract (against Trevino‐Coxson); (2) breach of fiduciary duty (against Trevino‐Coxson); (3) misappropriation of trade secrets (against Defendants); (4) intentional interference with contractual relations (against Defendants); and (5) intentional interference with prospective ec...

Excerpt: ...f and defendants Denise Shirey (“Shirey”) and Andrea Moore (“Moore”) (collectively, with United, “Defendants”) came to disagreements with regards to Plaintiff's employment. (See SAC, ¶¶ 20‐21.) On January 19, 2017, Shirey delivered Plaintiff a letter informing him that he was on administrative leave and that United had initiated an investigation of alleged breaches of professional and fiduciary duties. (See SAC, ¶ 22.) On January...

Excerpt: ...CLA's Institute for Technology Advancement (“ITA”) and suggested that Plaintiff present to ITA. (Id.) On October 7, 2009, Plaintiff provided Konda Tech's business presentation to Markovic and ITA in confidence. (Id.) On October 12, 2009, just prior to presenting to ITA, Markovic, for the first time, indicated that Plaintiff should not expect ITA to fund Konda Tech because ITA does not fund technologies built outside UCLA. (Id.) ITA rejected f...

Excerpt: ...formity of the clinic's parking lot. Pham asserts causes of action against State Farm for: (1) declaratory relief (duty to defend); (2) declaratory relief (duty to indemnify); (3) breach of contract; and (4) bad faith (breach of implied covenant). State Farm moves for summary judgment or, alternatively, summary adjudication.4 It filed a request for judicial notice in support.5 Pham opposes the motion; her opposition is not accompanied by any evid...