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 On March 27, 2018, Liu asked Defendant Siqi Fan (“Fan”) to marry him, and she initially accepted but then rescinded, making any engagement conditional on certain financial conditions being met and her parents' approval.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: ...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...