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: ...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: ...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: ...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: ...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: ...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: ... 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: ... 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: ... 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: ...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: ... 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: ...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: ...“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: ...$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: ... 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: ...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: ...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: ...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...