Excerpt: ...ficient to constitute a cause of action.2 A defendant may move for judgment on the pleadings on the ground the complaint fails to state facts sufficient to constitute a cause of action. (Code Civ. Proc., § 438, subd. (c)(1)(B)(ii).) Such a motion is like a demurrer made on the same ground. (Sofias v. Bank of America (1985) 172 Cal.App.3d 583, 586.) Here, Stephen takes issue—not with the sufficiency of the factual allegations—but with the man...

Excerpt: ... intent to agree to purchase and repair the property. (See FAXC, ¶ 11, exh. A.) Cross‐defendants Richard Kwok (“Kwok”) and Kwok's wife, Hien Am Nguyen (“Nguyen”), also wanted to invest in the property, and, on August 13, 2016, cross‐ complainant and RCA President, Jeanie Russell, on behalf of RCA, IGA and Kwok signed a $65,000 joint venture agreement (“$65,000 Agreement”) for the acquisition, rehabilitation and flip of the proper...

Excerpt: ... after her spinal surgery. According to Cudia, Dr. Rustamzadeh repeatedly refused to see her despite her complaints and insisted that she pay her full bill (which purportedly was not yet overdue) before her threemonth postoperative visit; when she failed to do so he refused to see her. Cudia additionally made other derogatory comments about Dr. Rustamzadeh's professional skill and office practices, stating his staff engaged in the unauthorized pr...

Excerpt: ...ration 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 XC, ¶¶ 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). (See XC, ¶ 14.) ...

Excerpt: ...d Ameriquest and spoke to defendant Michael Ferris (“Ferris”), a mortgage broker with Ameriquest, and let Ferris know of the time sensitivity of the transaction due to the November 30, 2005 courtordered deadline. (See TAC, ¶¶ 10‐12.) In September 2005, Ferris contacted Plaintiff to let her know that she qualified for a loan sufficient to allow her to purchase the property. (See TAC, ¶ 13.) However, Ameriquest's office shut down soon ther...

Excerpt: ...��), CrossComplainant purchased real property at 2994 Angeloni Place in San Jose (the “Property”). (FACC, ¶ 1.) Because he did not have demonstrable income, O. Nguyen obtained a loan in her name to purchase the Property, and she also held title in her name, in trust for CrossComplainant. (Id. at ¶¶ 17, 18, 20, 25.) At the time of the purchase, Cross‐Complainant was married to Pham. A few years later, Cross‐Complainant and Pham separate...

Excerpt: ...is brother, his brother's company ITutorGroup, Inc. (“ITG”), and Lee for: (1) breach of fiduciary duty (against his brother); (2) breach of fiduciary duty (against Lee); (3) defamation (against his brother and Lee); (4) civil extortion (against all defendants); and (5) intentional infliction of emotional distress (against his brother and Lee). According to Eric, Ming has yet to properly serve him with the summons and complaint. Consequently, ...

Excerpt: ...implants and eventually bridges. But in the course of this treatment, Dr. Zahedi failed to show up at Duenas's appointment and abandoned his care. Duenas believes Dr. Zahedi now practices at Macarthur Dentistry in Newport Beach, California, because he has received bills from that practice despite never receiving treatment there. Duenas alleges the care Dr. Zahedi did provide was negligent and differed from the treatment consented to; he also alle...

Excerpt: ...across stopped lanes of eastbound traffic into HP Inc.'s parking lot, Radin split the lanes of stopped traffic and struck Birecki with his motorcycle. Birecki suffered a traumatic brain injury and now requires around‐ the‐clock care. Birecki commenced this action, through guardian ad litem Qing Wang, against defendants Andrew Radin, twoXAR, Inc., and HP, Inc. He asserts causes of action against Radin and twoXAR, Inc. for motor vehicle and gen...

Excerpt: ... single cause of action for premises liability. Defendant City moves for summary judgment. CITY'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 then shifts to the plaintiff to show there is a triable issue of material fa...

Excerpt: ...y judgment on the ground the sole remaining cause of action for breach of contract6 lacks merit because the claim is time‐barred and, except for S.M. Patel, they are not parties to the contract. There are some inconsistencies and ambiguities in the allegations of the second amended complaint by Umesh Patel (“Plaintiff”). Generally, Plaintiff's theory is that Defendants never paid him in accordance with the terms of the promissory note when ...

Excerpt: ...ription and duties for his role in violation of federal regulations including 21 CFR 820.25(a), and the research and development department, led by defendant Jerome Lapointe (“Lapointe”), failed to maintain comprehensive development training records as required by federal law. (See FAC, ¶¶ 22‐23.) In November 2015, when Plaintiff's supervisor was assigned to a new product group, Hologic transferred Plaintiff to a new manager, Lapointe. (S...

Excerpt: ...rage”) (collectively, “Defendants”). (Compl., ¶¶ 1–2.) Masoumi is CEO of Ridgecrest, the builder, as well as a principal of Seller, the entity that developed the subdivision. (Compl., ¶ 2.) Masoumi also worked on behalf of Brokerage as Seller's agent. (Compl., ¶ 2 & Ex. A [identifying Brokerage as listing agent for seller and nonparty Keller Williams as selling agent for Buyers].) In February 2016, Buyers agreed to purchase their home...

Excerpt: ...”). Plaintiffs allege Defendants manufactured, marketed and 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...

Excerpt: ...y 27, 2019, in preparation for postconviction filings, Plaintiff sent a demand to Defendant for the return of the CDs. (See complaint, ¶ 3.) Despite having spent $20,000, Defendant refused to return the CDs. (See complaint, ¶¶ 3, 8.) On May 16, 2019, Plaintiff filed a complaint for conversion against Defendant. On November 14, 2019, Plaintiff requested entry of default. On November 18, 2019, Defendant filed an answer including six affirmative ...

Excerpt: ...hifts five to six times a week. Bongolan claims the salary Defendants paid him was insufficient because he was not compensated at or above minimum wage and for overtime hours worked; they also failed to pay his wages upon separation. On this basis, Bongolan asserts four causes of action against Defendants for violations of the Labor Code. Additionally, Bongolan alleges these violations of the Labor Code also violate California's Unfair Competitio...

Excerpt: ...hifts five to six times a week. Bongolan claims the salary Defendants paid him was insufficient because he was not compensated at or above minimum wage and for overtime hours worked; they also failed to pay his wages upon separation. On this basis, Bongolan asserts four causes of action against Defendants for violations of the Labor Code. Additionally, Bongolan alleges these violations of the Labor Code also violate California's Unfair Competitio...

Excerpt: ...rrently before the Court is Stronghold's demurrer to and motion to strike the City's first amended cross‐complaint (“FACC”). According to the allegations in the FACC, the City awarded the contract for constructing the Project to Stronghold in November 2015 following a competitive bidding process. (FACC, ¶¶ 7–8.) As set forth in Stronghold's bid, it agreed to perform the work for a base price of $46,997,000. (FACC, ¶ 7.) The City wanted...

Excerpt: ...000 in the form attached as Exhibit A to the settlement agreement. Exhibit A was a promissory note. (See, Settlement Agreement p. 2 para 1) In relevant part, the promissory note provided that AV III would pay the Robbins “the principal sum of (sic) the principal sum of Five Hundred and Fifty Thousand Dollars ($550,000) with interest at the rate of ten percent (10%) per annum. The note further provided that the first installment of $50,000 would...

Excerpt: ...defendant Trans American Logistics Inc. (“TAL”) (collectively, “Defendants”) responded but did not confirm any dates. When Defendants' counsel continued to not provide any dates for deposition, Plaintiff selected August 14, 2019 as the deposition date, and counsel indicated that they would confirm the date after speaking with Sarabia. On August 12, 2019, Plaintiff again reached out to Defendants' counsel, and Defendants' counsel indicated...

Excerpt: ...fer personal injuries. (Third Amended Complaint [“TAC”] at ¶GN‐1; see also TAC at ¶IT‐1.) Defendant Target's personnel intentionally profiled and confronted Plaintiff because of her race and gender. (Id. at ¶IT‐1.) Defendant Target thereafter kicked Plaintiff out of the store and banned her from returning to shop at the store. (Ibid.) In addition, defendant Target improperly trained store security and store management as a means to d...

Excerpt: ...�), Plaintiff founded Konda Tech to develop semiconductor devices known as Field Programmable Gate Arrays (“FPGA's”). (FAC, ¶¶ 2, 29.) In 2009, he was introduced to Markovic, a professor at UCLA who offered him funding for his work. (Id. at ¶ 30.) Plaintiff sent Markovic his business plan, but when he visited UCLA to present the plan, Markovic told him that UCLA does not fund technologies built outside of UCLA. (Ibid.) Nonetheless, Plainti...

Excerpt: ...caused both Maria and her grandson to fall, resulting in injuries. (Id.) Plaintiffs asserts that “[t]he defendants failed to properly maintain the community gate so that it was a hazard.” (Id.) On August 10, 2017, Ramirez and Armando Barajas (collectively, “Plaintiffs') filed a form complaint, asserting causes of action for: negligence; premises liability; and, products liability. Defendants move for summary judgment on the ground that each...

Excerpt: ...Defendant”) gifted her, and then upon finding out it was a winning ticket, took and converted it, and then claimed before the state lottery that it was his alone. (Complaint, ¶ 1.) On March 28, 2019, Plaintiff filed a complaint against Defendant, asserting causes of action for: 1) Quiet title; 2) Fraud; 3) Negligent misrepresentation; 4) Estoppel; 5) Injunctive relief; 6) Conversion; and, 7) Constructive trust. Defendant moves for summary judg...

Excerpt: ...e 26, 2016, Swallow was a director and secretary of GCI. Until June 9, 2017, Swallow held 12,500 shares in GCI, equaling 50 percent of the outstanding shares. At that time, the Lunardis owned the remaining 50 percent of the shares on behalf of the Lunardi Family Living Trust. In his position with GCI, Swallow was required to hold certain gaming licenses. On May 2, 2014, the Bureau of Gambling Control (“Bureau”) issued an “Accusation” agai...

Excerpt: ...aint (“FAC”), Plaintiff founded Konda Tech to develop semiconductor devices known as Field Programmable Gate Arrays (“FPGA's”). (FAC, ¶¶ 2, 29.) In 2009, he was introduced to Markovic, a professor at UCLA who offered him funding for his work. (Id. at ¶ 30.) Plaintiff sent Markovic his business plan, but when he visited UCLA to present the plan, Markovic told him that UCLA does not fund technologies built outside of UCLA. (Ibid.) Noneth...

Excerpt: ... Chen (“Chen”), as owner of La Encina. (See XC, ¶ 9.) Group One performed the work and labor for, and furnished all necessary materials, services and equipment to be used in the project, and advanced significant sums of money toward the payment of subcontractors, labor, materials, equipment and other services in connection with the construction project. (See XC, ¶¶ 14‐15.) Immediately after the La Encina project commenced, La Encina fail...

Excerpt: ...ver a 17 day period totaling $46,683,232. Chakravarthy departed Ubiquiti soon after the loss, and Ubiquiti sought coverage for the alleged loss, pursuant to the Computer Fraud and Funds Transfer Fraud coverages of the Commercial Crime Policy issued by defendant National Union Fire Insurance Company of Pittsburgh, PA (“Insurer”). Insurer denied coverage purportedly because the alleged loss did not fall within either insuring agreement. Ubiquit...

Excerpt: .... Nesse failed to act with a sufficient degree of competence and committed malpractice in representing Plaintiff. (Id. at ¶ 6.) Due to his negligence, the resulting custody orders were deficient in various ways and Plaintiff's children were not sufficiently protected. (Ibid.) Plaintiff attributes Mr. Nesse's negligent representation to his chronic and ultimately terminal illness which he did not disclose. (Id. at ¶ 8.) Since his representation ...

Excerpt: ...ifornia's Secretary of State as a nonprofit corporation. Jin and Li would continue to serve on the Board of the now‐incorporated association. As a result, Li was identified as an executive of the association in the application the association submitted to the IRS to obtain its tax exemption. Li became upset by this and accused Jin in public among association members and in a messaging thread of having “raped” him, “sold him out,” and us...

Excerpt: ...f Jeffrey Dickson (collectively, “Plaintiffs”). (See Def.'s separate statement in opposition to motion for summary judgment, undisputed material facts nos. (“UMFs”) 4‐6.) Timothy was 17‐years old on the date of the action, and the vehicle was owned by his parents and defendants, Michelle and Barry Manderson. (UMFs 7‐8.) Defendant Wendy Mann (“Mann”) allowed her granddaughter, Mikaela Kirkman, to have a pre‐prom dinner at her h...

Excerpt: ...erty”). (SAC, ¶ 7, 10.) In 2005, Pham sought to purchase the Property. (Id. at ¶ 11.) Pham hired a mortgage broker who misrepresented the terms of the loan, and forged documents and signatures to complete the transaction. (Id. at ¶¶ 14, 16.) In 2009, Plaintiff sought to repurchase the Property from Pham. (SAC, ¶ 17.) They executed a purchase agreement, followed by a grant deed transferring legal title back to Plaintiff. (Id. at ¶¶ 22, 23...

Excerpt: ...ing that Kuta failed to pay back a loan that was due when Kuta separated from employment with ColorTokens. Defendant ColorTokens served several discovery requests on Kuta and has filed the instant motion to compel further discovery responses. The requested responses are targeted at discovering information regarding Linkaj, a competing company ColorTokens alleges Kuta and several of his coworkers created while they were still employed with ColorTo...

Excerpt: ...inst SJKCC. According to the allegations of the cross‐complaint, in 2017, SJKCC merged with the Way Church (“Way”). (Cross‐Complaint, ¶ ¶ 19, 20.) At the time of the merger, both churches were members of KECA, and were bound by its bylaws. (Id. at ¶ 20.) As a result of the merger, SJKCC became the only true “San Jose Korean Central Church,” and they assumed all rights under that name. (Id. at ¶ 22.) Consistent with KECA's constitu...

Excerpt: ...quirements of the construction contract, and below the standards of quality workmanship, and suspended its work, resulting in damage to the property. (See complaint, ¶¶ 11‐ 15.) As a condition of the issuance, maintenance and renewal of a contractor's license, Di Maggio Construction was required at the time of the project to have on file with the registrar a contractor's bond in the principal sum of $12,500. (See complaint, ¶ 38.) Defendant ...

Excerpt: ... Apps's contract with Boina by soliciting and inducing Boina to breach his contract with Apps. On March 22, 2019, Apps filed a complaint against Ramtek, asserting causes of action for breach of contract, breach of implied covenant of good faith and fair dealing, intentional interference, intentional interference with prospective economic advantage, and common counts. Plaintiff Apps served a subpoena on Wipro Limited (“Wipro”), a company that ...

Excerpt: ... 2d COA.) At the time of the accident, Leonti was driving in the course of his employment with Caltrans. (Ibid.) Plaintiff is Thomas Wydra's husband, and she alleges that she suffered multiple damages as a result of the death of her husband. Therefore, she alleges two causes of action for: (1) motor vehicle negligence; and (2) general negligence. Before the Court are demurrers brought by Leonti and Caltrans. II. Demurrer Caltrans demurs to both c...

Excerpt: ...tiffs entered into a written agreement with defendants Ruffo Tile & Stone, LLC and Ruffo Tile & Stone (collectively, “Ruffo”) to install a specific type of high‐end tile, known as Porcelain Euro West in accordance with all specifications and standards established by the Tile Council of North America or Marble Institute of American, utilizing all appropriate tools, equipment and mortar. (See TAC, ¶¶ 12‐ 15.) Ruffo was also contracted to ...

Excerpt: ...middle man—Plaintiff— to sell specialty sensors directly to customers. Plaintiff alleges defendant Lumasense thereby breached their agreement granting it an exclusive license to customize and resell fiber‐optic thermal sensors and nondispersive infrared sensors to the ten companies specified in their value‐added reseller agreement (the “Agreement”). Plaintiff alleges Lumasense misappropriated its trade secrets in the process and faile...

Excerpt: ... written retainer agreement. (See First Amended Complaint [“FAC”] at Ex. A.) Plaintiff Mezzetti Financial Services (“Plaintiff”) is the assignee for attorney Mosher. (Id. at p. 2, ¶ 9.) Plaintiff alleges Defendant has failed to pay sums due and owing under the retainer agreement. On June 26, 2019, Plaintiff filed a complaint against Defendant alleging a single claim for breach of contract. The complaint however failed to attach a copy of...

Excerpt: ...d its successor, Pacific Lodging Group (“Pacific”). (Id. at ¶ 5.) Pacific operates a hotel in Bodega Bay. (Id. at ¶ 3.) In or around 1985, Plaintiff's two corporations, Mosam Enterprises, Inc. and MM&H Investment, Inc. (“MM&H”), invested in Pacific and each received an ownership interest of 21.43%. (Id. at ¶¶ 13, 14.) In 2009, Plaintiff and Partner executed a sale and purchase agreement transferring MM&H's interest in Pacific to Partn...

Excerpt: ...lves a twostep process. First, the court must determine if plaintiff's claims are predicated upon defendant's exercise of a constitutional right of free speech or petitioning. Defendant has the burden to show the claims arise out of protected activity and must make a prima facie showing of same. Governor Gray Davis Committee v. American Taxpayers Alliance (2002) 102 CA 4th 449, 458‐459. If that burden is met, then plaintiff must show a probabil...

Excerpt: ...r into the sewer system owned and maintained by West Valley. (Complaint‐in‐Intervention at ¶ 2.) The complaint alleges causes of action for: (1) negligence; (2) violation of Ordinance § 7.150, violation of Ordinance § 7.360, and public nuisance. (Id. at ¶ 3.) According to the complaint, the plaster discharged into the sewer system by East Bay had blocked the flow of wastewater through the sewer system. (Complaint‐in‐ Intervention at �...