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: ...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: ... 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 ...