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: ...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: ...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: ...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: ...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: ...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: ...”). 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: ...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: ...�), 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: ...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...