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: ...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: ...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: ...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: ... 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: ...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: ... 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: ... 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...