Excerpt: ...murrer to the Cross‐Complaint filed by Defendant/Cross‐Complainant Srinivasan on August 21, 2020. The Cross‐ Complaint states claims for: 1) Violation of Labor Code §201; 2) Violation of Labor Code §227.3; 3) Breach of Implied Contract to pay deferred wages; 4) Breach of Contract (severance, vacation, deferred wages); 5) Breach of Contract (Chennai Operation); 6) Promissory Estoppel; 7) Common Count; 8) Wrongful Termination; 9) Reformatio...

Excerpt: ... and taking vehicles in trade. (Complaint, ¶ 3.) Defendant Great American Insurance Company (“Great American”) was the surety on a bond in the amount of $50,000.00, which Defendant maintained pursuant to Vehicle Code section 11710. (Id. at ¶ 6.) On June 19, 2017, Plaintiffs went to Defendant's place of business and purchased a used 2015 Toyota Prius (the “Vehicle”) for Diane Marie Buchanan's son, Stephen Forbes (“Forbes”). (Complain...

Excerpt: ...l Student‐Parent Handbook; 2) Declaratory Judgment (as to the parties' “respective duties under the Handbook,” Complaint at ¶97); 3) “Violation of Common Law Right to Fair Procedure”; 4) Violation of Cal. Education Code §48950; 5) Defamation (slander per se) against Defendants SFHS and Curtis, and; 6) Defamation (libel per se) against Defendant Labana. The Complaint's prayer claims that Plaintiffs have suffered general, special and co...

Excerpt: ...en submitted, the Court finds and orders as follows: Factual and Procedural Background This action for personal injury arises out of allegations that Defendant engaged in a sexual relationship with Plaintiff while fraudulently concealing the risk of infection presented by his medical condition ‐ genital herpes ‐ and eventually infected Plaintiff with the disease. Based on those allegations, Plaintiff filed the operative first amended complain...

Excerpt: ...Samuel Neipp, for damages arising from Teacher's sexual abuse of Plaintiff at Dartmouth Middle School, one of District's schools. Plaintiff filed a complaint against District and Teacher on February 13, 2019. On November 21, 2019, the Court consolidated Plaintiff's action –Jane Doe 2 v. Union School District, et al. (Santa Clara County Superior Court, Case No. 19‐CV‐343101) ‐ with the following cases for all purposes, except trial: (1) Ja...

Excerpt: ...Fraud by Omission” against Defendant Ford Motor Company (“Defendant”) and others. The Complaint alleges (at ¶8) that Plaintiff purchased a 2013 Ford Fusion vehicle (“subject vehicle”) with vehicle identification number (“VIN”) 3FA6P0HR2DR371701 on or about July 6, 2013 subject to a three year/36,000written warranty. The Complaint further alleges (at ¶10) that during the warranty period the subject vehicle developed “defects caus...

Excerpt: ...ng out of plaintiff Taurean Dyer's (“Dyer”) proximity to and/or use of an allegedly defective microwave oven while working at Accenture on April 21, 2017. (First Amended Complaint (“FAC”), ¶¶ 2 & 7‐12.) The microwave oven was allegedly a GE product, Model No. JES2051SN2SS, Serial No. MZ 202677 L. (Id. at ¶¶ 8‐9.) As is relevant here, Dyer alleges that Haier and LG negligently designed, manufactured, assembled, installed and/or sol...

Excerpt: ...allegedly used his position with Exadel to convince Plaintiff to begin and continue a sexual relationship with him. (Ibid.) For example, Defendant falsely promised Plaintiff that “she could extend the time to exercise her stock option until the company consummates a sale.” (Ibid.) Plaintiff and Defendant began a sexual relationship in October 2013. (FAC, ¶¶ 7‐9.) Prior to the commencement of their relationship, Plaintiff asked Defendant i...

Excerpt: ...(“Nano”). As is relevant here, Tongtai filed a first amended complaint (“FAC”) against Qi and Nano on February 7, 2018. According to allegations of the FAC, Nano is a California corporation. (FAC, ¶ 2.) Qi is the chief executive officer of Nano and owns 80 percent of its stock. (Id. at ¶¶ 3 & 16.) Qi has complete decision‐making power for Nano. (Id. at ¶ 16.) Nano failed to observe corporate formalities and is undercapitalized. (Ibi...

Excerpt: ...‐1, MV‐2, & GN‐1.) As Defendant approached the intersection of North River Road and Soldiers Home Road, he lost control of the vehicle, left the roadway, and struck multiple trees on the east side of the road. (Ibid.) Plaintiff suffered serious physical injuries as a result of the accident. (Ibid.) Plaintiff alleges Defendant's negligent operation of the vehicle was the proximate cause of his damages. (Ibid.) Based on the foregoing allegati...

Excerpt: ...form interrogatories, set one (“FI”), special interrogatories, set one (“SI”), and requests for production of documents, set one (“RPD”), and produce documents in accordance with its further responses. Factual and Procedural Background This action arises out of defendant Martin DeBono's (“DeBono”) alleged misappropriation of SunPower's proprietary information and trade secrets. (SAC, ¶ 1.) According to the allegations of the oper...

Excerpt: ...llectively, “Plaintiffs” or “Sellers”) arising from their efforts to build an access road. Plaintiffs' first action (Chiocchi v. Dariano, et al., case no. 17CV310881) was brought in this Court on May 24, 2017 and states claims against Mark Von Kaenel, Dianna von Kaenel (erroneously sued as Dianne Von Kaenel), the Buyers, Anthony Dariano, and Alexa Andrea Ingram‐Cuachi as Trustee of the Old Santa Cruz Revocable Trust dated January 13, 20...

Excerpt: ...fendants”). The Company, Defendant C3DNA, filed a Cross‐Complaint on February 8, 2019 stating claims for: 1) Breach of Fiduciary Duty; 2) Breach of Contract, and; 3) Breach of the Implied Covenant of Good Faith and Fair Dealing. All three cross‐claims are alleged against Plaintiff and the first cross‐claim for breach of fiduciary duty is also alleged against CrossDefendant Rao Mikkilineni (“Cross‐Defendant”), a former member of the ...

Excerpt: ...efendants”) owners of a home located at 17992 Hillwood Lane, Morgan Hill, California, and Defendants Edgar Lombera and Monica Sanchez (“Lombera Defendants”) owners of a home located at 17990 Hillwood Lane, Morgan Hill, California. Plaintiff alleges that he suffered injuries on December 20, 2019 when he fell while performing work (as an unlicensed contractor) on the roof of the Smithson Defendants' house. The original and still operative Com...

Excerpt: ...ed daycare at Santa Teresa Children's Center, which is located at defendant Santa Teresa High School. (FAC, ¶ 1.) The high school is a division of District. (Id. at ¶¶ 1 & 4.) At all relevant times, District owned, operated, sponsored, supervised, maintained, and controlled the daycare center and its employees and/or agents. (Id. at ¶ 4.) Defendant Donna Walker (“Walker”) was employed as a “Registrar” and was an employee and/or agent ...

Excerpt: ...San Jose, California. (Complaint, ¶ 8.) FPI is a property management company and Treadaway is its president, chief executive officer, and controlling shareholder. (Id. at ¶ 10.) On May 23, 2002, Plaintiff and Defendants allegedly entered into a management agreement for the apartment complex. (Complaint, ¶ 11.) Under the agreement, Defendants would manage the apartment complex in exchange for payment of a fee from Plaintiff. (Ibid.) FPI was res...

Excerpt: ...n San Francisco County Superior Court (it was later transferred to Santa Clara County). The named Plaintiffs in that Complaint were Michael Rothenberg, Rothenberg Ventures LLC, Rothenberg Ventures 2015 Fund LLC (“2015 Fund”) and Rothenberg Ventures 2016 Accredited Fund (“2016 Fund”). The Complaint states claims against Defendant for: 1) Negligence; 2) Deceit (fraud); 3) Fraud and Deceit (fraudulent concealment); 4) Negligent Interference ...

Excerpt: ...d with this action. Plaintiff's original complaint in this action was filed on January 23, 2020 and stated claims for 1) Breach of Written Contract; 2) Fraud; 3) Negligent Misrepresentation; 4) Intentional Interference with Prospective Economic Advantage; 5) Declaratory Relief (seeking a declaration as to Plaintiff's right to sublease under the lease); 6) Retaliation (alleging that Defendant's refusal to consent to sublease, service of a Notice t...

Excerpt: ... Complaint (“FAC”) was filed on July 20, 2020. The FAC alleges that Plaintiff was/is an independent contractor and/or distributor who sells personal care products from Nu Skin International, Inc. (“Nu Skin”), a Utah based company that allegedly uses a Network Marketing/Multi‐Level Marketing (“MLM”) Program for its sales. An MLM program is a direct‐sales marketing strategy in which existing distributors/vendors (“uplines”) recr...

Excerpt: ...en partnership agreement for the purpose of engaging in the practice of law and matters related thereto. (Petition, ¶¶ 1 & 3.) Fox left the partnership in or about March/April 2020. (Id. at ¶ 4.) A dispute arose concerning the disposition of partnership draws and the compensation system, and Fox's alleged breaches and/or violations of the partnership agreement and her breaches of fiduciary duties owed to Rossi and Domingue. (Id. at ¶ 2.) The ...

Excerpt: ...roperty located at 1588 Calco Creek Drive in San Jose, California. (FAC, ¶ 1 & Ex. A.) On May 30, 2019, a notice of default was recorded against the subject property by Defendant, as either the original trustee, the duly appointed substitute trustee, or acting agent for the trustee or beneficiary under the deed of trust. (Id. at ¶¶ 2, 7, & Ex. B.) On June 3, 2019, Defendant, purportedly acting as the agent and foreclosing trustee of Select Por...

Excerpt: ...iff made to Nguyen. In March 2018, Nguyen asked Plaintiff to lend her $70,000 so she could pay her brother's tuition. (FAC, ¶ 7.) Nguyen represented that her brother would be forced to leave the country if she did not pay the tuition. (Ibid.) Nguyen promised to pay Plaintiff back in four months. (Ibid.) Nguyen told Plaintiff she would be able to pay Plaintiff back because her mother deposited $400,000 in her bank account in Vietnam before she pa...

Excerpt: ...ed to practice law in California. (Complaint, ¶¶ 1 & 9.) On October 19, 2017, Plaintiff entered into a written fee agreement with Betak whereby Betak agreed to pay for Plaintiff's legal services. (Id. at ¶¶ 2‐3, 22, 55, & Ex. A.) The agreement provided that Plaintiff would provide legal services in connection with Betak's claims against defendants Electric Motor Werks and Valery Miftakhov. (Id. at Ex. A.) Under the terms of the agreement, B...

Excerpt: ...According to the allegations of the complaint, Plaintiff Jack Wang (“Plaintiff”) is a lawyer and entrepreneur who has extensive experience in the bitcoin and cryptocurrency industry and resides in California. (Complaint, ¶¶ 3 & 11.) In 2010, Windus Partners, a partnership, was started by Plaintiff, defendant Steve Byun (“Byun”), and nonparty Andrew Kim as equal partners.1 (Id. at ¶¶ 5 & 13.) Wang eventually left Widus Partners in mid�...

Excerpt: ...el), Kenneth Robinson, Bonnie Robinson (collectively, “Buyers”), Anthony Dariano, and Alexa Andrea Ingram‐Cuachi as Trustee of the Old Santa Cruz Revocable Trust dated January 13, 2015 arises from Sellers' attempts to build an access road. Plaintiffs/Sellers filed their initial complaint on May 24, 2017 to quiet title and prevent interference with an access easement that runs from their property (“Sellers' Property”) through land they r...

Excerpt: ...and stated causes of action for (1) Conversion; (2) Deceit/Intentional Fraud; (3) Concealment Fraud; (4) Intentional Misrepresentation, and; (5) Breach of Fiduciary Duty against Defendant and Doe defendants. The Complaint alleged (at ¶7) that Defendant was part of “a conspiracy to steal from, deceive, and defraud Plaintiff.” It alleged at ¶13 that “Defendant abused her authority and breached her duties as Corporate Secretary and Office Ma...

Excerpt: ...of 2011. (FAC, pp. 2:3‐7 & 3:11‐15.) Plaintiff reported directly to Defendant's president. (Id. at p. 3:11‐15.) Plaintiff was over forty years old at all relevant times. (Id. at p. 4:2‐4.) In the summer and fall of 2018, Defendant attempted to adopt and implement a new computer software program to handle various accounting functions. (FAC, p. 3:17‐19.) Plaintiff was responsible for implementing and adopting the program. (Id. at p. 3:19�...

Excerpt: ...2, 2000 (collectively, “Plaintiffs” or “Sellers”) against Mark Von Kaenel, Dianna von Kaenel (erroneously sued as Dianne Von Kaenel), Kenneth Robinson, Bonnie Robinson (collectively, “Buyers”), Anthony Dariano, and Alexa Andrea Ingram‐Cuachi as Trustee of the Old Santa Cruz Revocable Trust dated January 13, 2015 arises from Sellers attempts to build an access road. Plaintiffs/Sellers filed their initial complaint on May 24, 2017 to ...

Excerpt: ...) Their siblings include Mahin Adeeb and Amir Kalbali. (Id. at ¶ 15.) Defendant is a real estate developer and had the idea to purchase a piece of property and develop a commercial building on it. (Id. at ¶¶ 13‐15.) To that end, Defendant and his siblings formed Rumi Group, LLC (“Rumi”) for the purpose of purchasing and developing the property. 1 (Id. at ¶¶ 3 & 15‐16.) Defendant and Plaintiff entered into an operating agreement, whic...

Excerpt: ... 14, 2019, Plaintiff sustained a workplace injury when a heavy door struck her on the back causing injury. (Complaint, ¶ 12.) Plaintiff was pregnant at the time of the injury and this was known to Defendants. (Ibid.) Plaintiff promptly notified Defendants about her injury. (Id. at ¶ 13.) At all relevant times, Defendants were fully aware of Plaintiff's injury and offered to pay for her medical treatment. (Ibid.) Defendants allegedly failed to p...

Excerpt: ...Napa County and transferred to this county after the Napa County Superior Court granted Defendants' motion to transfer venue. “Marvin” actions refer to the California Supreme Court's decision in Marvin v. Marvin (1976) 18 Cal.3d 660 (“Marvin”), which recognized the existence of broad contractual and equitable rights of a party in a nonmarital living arrangement. The Marvin court found that although the Family Law Act did not govern the di...

Excerpt: ...int, Plaintiff entered into a written listing agreement with Defendant, a licensed real estate agent, whereby Defendant agreed to list Plaintiff's real property for sale. (Complaint, ¶¶ 1‐3 & 11.) Plaintiff informed Defendant that “he wanted to sell his property as part of a 1031 Exchange so that he could obtain the tax advantages of such sale/exchange.” (Id. at ¶¶ 12 & 15.) Defendant assured Plaintiff she “would take the necessary st...

Excerpt: ...EC”). Factual and Procedural Background This action arises out of a remodel of a property located at 16235 Vineyard Boulevard, Morgan Hill, California. According to the allegations of the operative FACC, DEC is a general contractor and Precision is a tile contractor. (FAC, ¶¶ 1, 2, & 5.) Hudson and American are bonding companies. (Id. at ¶¶ 3‐4.). On or about June 5, 2018, DEC and Precision entered into a written subcontract agreement whe...

Excerpt: ...quired a trip to the emergency room and several subsequent surgeries to repair her torn nose. The attack occurred while Plaintiff was walking her dog (“Basil”) near her home in the Belagio Villas condominium complex in San Jose. A pit bull (“Panda”), having escaped the control of nonparty Wayne Rivas, ran up to them and began attacking Basil and then Plaintiff when she picked Basil up to get him away from Panda. Wayne Rivas and Panda appa...

Excerpt: ...c. and the purchase of real property located at 1708 McCarthy Boulevard, Milpitas, California. Plaintiff initiated the action against John Traub and Carolina Traub, as individuals and co‐trustees of the 1994 Inter Vivos Trust, and John Traub II on February 20, 2019. Plaintiff subsequently amended his pleading on several occasions. In December 2019, Plaintiff filed a second amended complaint (“SAC”) alleging causes of action for: (1) fraud; ...

Excerpt: ...“Property”). According to the allegations of the complaint, plaintiff Norma Erwin (“Plaintiff”) is the owner of the Property and the obligor on a first lien mortgage loan secured by the Property. (Complaint, ¶ 1.) Plaintiff initially purchased the Property in 2004, and refinanced the mortgage loan in 2006. (Id. at ¶ 8.) Deutsche is the current investor of Plaintiff's loan and Nationstar is the current servicer. (Id. at ¶¶ 8 & 12.) Pur...

Excerpt: ...ents. According to the allegations of the operative FAC, Defendant provides staffing services to healthcare providers. (FAC, ¶ 2.) Plaintiff is a registered nurse who worked for Defendant from January 6 through January 12, 2019. (Id. at ¶¶ 1 & 17.) On or about January 18, 2020, Defendant issued Plaintiff a check and corresponding wage statement, specifically voucher number 0000030027, wherein Defendant listed its address as 39270 Paseo Padre P...

Excerpt: ...AC”), Defendant operates retail stores throughout California. (FAC, ¶ 12.) In June 2012, Defendant hired Plaintiff as a “sales representative” at its store in Milpitas, California. (Id. at ¶¶ 11 & 15.) In late 2012 or early 2013, Plaintiff was promoted to the position of “store manager.” (Ibid.) As a store manager, Plaintiff was paid as a salaried, exempt employee. (Id. at ¶ 15.) In 2015, Plaintiff was transferred to Defendant's “...

Excerpt: ...tem purchased from PSC by non‐ party Clarke Property Maintenance on or about March 24, 2017. (See Complaint at ¶10; FAC at ¶14.) On November 20, 2019 PSC filed a cross‐complaint stating claims for 1) equitable/comparative indemnity and 2) implied indemnity against Cross‐Defendants Cleantecs GMBH and TEV Jager MBH (collectively “Cross‐Defendants”), two German limited liability companies. Currently before the Court is a motion by (spe...

Excerpt: ... Breach of Contract (a written contract to provide online recruitment services, invoices for which are attached as exhibit 1 to the Complaint) against Cinerama Jewelry, Inc. doing business as Alex and Ani, Inc., and various Doe defendants. On January 21, 2020 the Complaint was amended to add Alex and Ani, LLC (hereafter, “Defendant”) as a named defendant in place of Doe 1. Subsequently, “Cinerama Jewelry, Inc. dba Alex and Ani, Inc.” was ...

Excerpt: ...re as an attorney.” (Burnete v. La Casa Dana Apartments (2007) 148 Cal.App.4th 1262, 1267, internal citations omitted.) The original and still operative Complaint in this matter was filed on May 12, 2020. It states claims for: 1) Breach of Contract, of a purported written settlement agreement attached to the Complaint as exhibit A (Complaint at ¶19); 2) Breach of Duty of Loyalty; 3) Breach of the Implied Covenant of Good Faith and Fair Dealing...

Excerpt: ... and H‐P A San Jose, LLC (“H‐P”) were the owners and/or property managers of real property located at 1170 Olinder Court in San Jose, California. (Complaint, ¶¶ 10‐11.) SBCC was the general contractor “in charge of safety and conditions of the real property.” (Id. at ¶¶ 9 & 74.) Lopez was “employed by Cold Storage Design & Build, LLC [(‘Cold Storage')], a subcontractor on the … site.” (Id. at ¶ 76.) Highridge, H‐P, an...

Excerpt: ...raud after Roberts obtained a bail bond to secure Moore's release from jail. Defendant Hoffman allegedly withheld BIC's response to a demand letter in order to lure Plaintiffs into spending thousands of dollars on a lawsuit. Defendant Hoffman charged Plaintiffs an unconscionable fee, withheld documents, failed to fully advise Plaintiffs, placed his own financial interest ahead of Plaintiffs, conducted costly unapproved actions, and did not provid...

Excerpt: ...is is a medical malpractice action. According to the allegations of the complaint, on or about March 4, 2019, Vanessa was approximately 21 weeks pregnant and seen at San Mateo Medical Center Emergency Department for abdominal pain and vaginal discharge. (Complaint, ¶ 11.) San Mateo Medical Center Emergency Department transferred Vanessa to Lucile Packard Children's Hospital for specialized care. (Id. at ¶ 12.) Vanessa was examined at Lucile Pac...

Excerpt: ...”) and Mayur Patel (“Patel”). Plaintiff's original and still operative Complaint filed on March 5, 2020 states claims for 1) Breach of Contract (against all Defendants except ACIC, alleging violation of a written contract attached to the Complaint as exhibit A as well as alleged oral agreements); 2) Implied Contractual Indemnity (against all Defendants other than ACIC, alleging that they are obligated to indemnify Plaintiff in lawsuit filed...

Excerpt: ...ruck a dangerous hazard in the roadway and crashed. (Complaint, ¶¶ Prem.L‐1 & GN‐1.) County—a public entity—and Does 1‐100 (collectively, “Defendants”)—who were allegedly agents and employees of County acting within the scope of the agency—“owned, operated, maintained, repaired, modified, created and controlled the subject roadway/premises at Junipero Serra Boulevard, near Santa Maria Ave in the County of Santa Clara, includ...

Excerpt: ...ices and fraud after Roberts obtained a bail bond to secure Moore's release from jail. Defendant Hoffman allegedly withheld BIC's response to a demand letter in order to lure Plaintiffs into spending thousands of dollars on a lawsuit. Defendant Hoffman charged Plaintiffs an unconscionable fee, withheld documents, failed to fully advise Plaintiffs, placed his own financial interest ahead of Plaintiffs, conducted costly unapproved actions, and did ...

Excerpt: ...A”) for software consulting and development services. On April 3, 2020, Armor Scientific filed the operative FACC against TreasureLife. According to the allegations of the FACC, Armor Scientific is a start‐up company which develops and integrates cybersecurity technology for use in businesses. (FACC, ¶ 6.) On January 1, 2019, Armor Scientific entered into the written MSA with TreasureLife, under which TreasureLife would provide Armor Scienti...

Excerpt: ...oprietary information and trade secrets. On March 30, 2020, Standard filed a cross‐complaint against SunPower, alleging a single cause of action for unfair competition in violation of Business and Professions Code section 17200. According to the allegations of the cross‐complaint, SunPower included unlawful and unenforceable non‐solicitation and non‐disclosure provisions in its employment agreements and separation agreements with DeBono a...

Excerpt: ...ock Redemption Agreement (“Agreement”). (SAC at ¶5.) A copy of the Agreement is attached to the SAC as exhibit A. The parties later signed an amendment to the Agreement on January 1, 2002 to reflect a stock split. (SAC at ¶12.) A copy of the amendment is attached to the SAC as exhibit B. The amendment clearly states that “[a]s of November 1, 2000, Higashi still owns 28 shares of the Corporation, which the Corporation will completely redee...

Excerpt: ...e in‐home care for Barton, who needed such care due to physical disabilities and limited mental capacity. (First Amended Complaint [“FAC”] at ¶12.) In or about October 2017 SYW (which are alleged to be owned and operated by Dumbuya) were hired to provide additional in‐home care. (FAC at ¶13.) Plaintiff provided in‐home care for Barton during the day while Dellard, an SYW employee, provided such care overnight. (Id.) Plaintiff further ...

Excerpt: ... This action arises from an employment dispute between Jain and his former employer, Samsung. According to allegations of the operative fourth amended complaint (“FAC”), Jain, a 53‐year old technology researcher, began working for Samsung in June 2014, as a principal engineer and biosensing lead. (FAC, ¶¶ 1 & 12.) During his employment, Jain was part of the Think Tank Team (“TTT”) and worked under the supervision of Mistry and Sadi. (...

Excerpt: ...aintiff to compel Defendant to provide further responses to requests for production of documents, set one (“RPD”); and (4) the motion by Plaintiff to compel Defendant to provide further responses to form interrogatories, set one (“FI”). Factual and Procedural Background This is a lemon law action. According to the allegations of the complaint, on August 18, 2015, Plaintiff purchased a 2015 Cadillac Escalade vehicle (“Vehicle”) contain...

Excerpt: ...eged to be a property management company which acted as the broker for the rental and Defendant Robert Zuvela was the agent who completed the rental deal on behalf of Realty World. Plaintiff alleges that the pool was dangerous because “[t]he back‐yard swimming pool itself did not have a method of exiting the pool at the deep end.” (First Amended Complaint [“FAC”] at ¶¶15‐16.) Plaintiff further alleges that the Patel Defendants and D...

Excerpt: ...tion, which operates at temple in San Jose, California and has over 9,000 members. (Complaint, ¶ 6.) The temple is a place of worship and a location where the Sikh community congregates daily, including, men, women and children. (Ibid.) Dhillon is the President of Sikh Gurdwara‐San Jose and a member of its governing Parbandhak Committee. (Ibid.) Bainiwal is also a member of the Parbandhak Committee. (Id. at ¶ 7.) Defendant is a member of Sikh...

Excerpt: ...C, Forty Niners SC Stadium Company LLC and Forty Niners Stadium Management Company LLC (“Plaintiffs”) and Defendant Howard, Needles, Tammen & Bergendoff California Architects P.C. (“Defendant”), the architect of record for Levi's Stadium, over the stadium's alleged noncompliance with provisions of the California Building Code and the federal Americans with Disabilities Act (“ADA”). Plaintiffs allege that this noncompliance has led to ...

Excerpt: ...‐6.) Plaintiff offers a program of instruction where it hires Student Driver Trainees and will pay them $10.30 an hour to participate in its training program. (Id. at ¶ 5.) Plaintiff requires a participant to attend a minimum of four hours of instruction per day once the classroom training commences. (Ibid.) Upon completion, the Student Driver Trainee can then apply for a commercial driver's license and, if the student passes, Plaintiff can th...

Excerpt: ...ent of the Law Offices of Teresa Li, PC (“Law Firm”). (FAC, ¶¶ 2 & 3.) At all times, Li was the attorney of record for Wang and Hu in the case of Wang v. Santa Clara Valley Transportation Authority, et al., filed in Santa Clara County Superior Court (“Underlying Action”). (Id. at ¶ 4.) The attorney‐client contract between Li, Law Firm, Wang, and Hu “provided that the Defendants herein were authorized and would advance litigation co...

Excerpt: ...� This involved the establishment of an indexed Universal Life Insurance Policy (“IUL”) for plaintiff in May 2017 with the policy premiums to be paid for with structured cash flows acquired through Future Income Payments (“FIPs”). The eventual result was that Plaintiff lost 75% of her retirement assets. Defendant Shurwest is alleged to be an Arizona LLC headquartered in Scottsdale, Arizona that is a “marketing service specializing in fi...

Excerpt: ... (“Casco”) and Victoria Noperi (collectively, “Plaintiffs”). (Id. at pp. 1:26‐2:3 & 2:11‐18, & ¶ 34.) Plaintiffs moved into the Premises in January 2016. (Complaint, ¶ 5.) Upon moving into the Premises, Casco “noticed a leak in the bathroom and on the living room window,” which caused moisture to develop in the Premises. (Id. at ¶ 6.) Defendant was “put on notice of these conditions however did nothing to repair the situation...

Excerpt: ...waived. (See Food 4 Less Supermarkets, Inc. v. Superior Court (Fletcher) (1995) 40 Cal. App. 4th 651.) Within 30 days of the filing of this order and subject to objections previously asserted, Defendant shall provide full, complete, and code‐compliant responses to Plaintiff's request for production at deposition dated January 22, 2020. Defendant is to produce a code‐compliant privilege log for any document withheld on the basis of privilege. ...

Excerpt: ...entative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 29 July 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER SUSTAINING DEMURRERS OF DEFENDANT WITHOUT LEAVE TO AMEND I. Statement of Facts. Plaintiff filed this complaint on 14 June 2019.1 In her First Amended Complaint filed on 8 November 2019, she alleges causes of action for: 1. Copyright infringement and...

Excerpt: ...ary information and trade secrets. (SAC, ¶ 1.) According to the allegations of the operative SAC, DeBono was SunPower's Executive Vice President of Global Channels and responsible for SunPower's rooftop solar business. (SAC, ¶¶ 1 & 25.) When he started at SunPower, DeBono signed a non‐disclosure agreement whereby he agreed to safeguard SunPower's confidential information and work exclusively for SunPower during his employment. (Id. at ¶ 92....

Excerpt: ...ated at 2142 The Alameda in San Jose (“Subject Property”). (Complaint, ¶¶ 7 & 15.) Defendant Esther Bright is the chief executive officer as well as an operator, owner, and member of Coachella Valley Church. (Id. at ¶ 15.) Defendant Jennifer Prescott is the chief financial officer as well as an operator, owner, and member of Coachella Valley Church. (Ibid.) Defendant Andrew Prescott is the secretary as well as an operator, owner, and membe...

Excerpt: ...laint (“FAC”); and (3) the demurrer by the Individual Defendants to Plaintiff's FAC. Factual and Procedural Background This action arises out of psychotherapy services provided to Plaintiff by Kozlova, a psychological assistant, under the supervision of Dr. Toren, a licensed psychologist. (FAC, ¶¶ 2, 4, 10‐34, & 48‐71.) Grzeszczak is Kozlova's husband and led group therapy sessions with Kozlova, even though he was not licensed to practi...

Excerpt: ...te Sereno and construction began in April 2016. As work continued Plaintiff came to believe that errors in Defendant's work caused defects in the construction. Plaintiff's original complaint was filed on March 7, 2018 and stated claims for 1) Breach of oral contract; 2) Breach of oral contract, and 3) Professional Negligence (the only claim alleged against Defendant Roca). A proof of service of summons, showing that the complaint had been served ...

Excerpt: ... an unlawful detainer action in the Court, case no. 19CV360022. A demurrer by Plaintiff (defendant in that action) was overruled by the Court (Hon. Arand) on March 5, 2020. The original and still operative Complaint filed by Plaintiff in this action on January 23, 2020 states claims for 1) Breach of Written Contract; 2) Fraud; 3) Negligent Misrepresentation; 4) Intentional Interference with Prospective Economic Advantage; 5) Declaratory Relief (s...

Excerpt: ..., Pear Holdings, LLC (doing business as Peninsula Post‐Acute), Sutter Bay Hospitals (doing business as Mills‐Peninsula Medical Center) (“Sutter Bay Hospitals”), and Sutter Visiting Nurse Association and Hospice (“Sutter Hospice”).1 Plaintiff asserts causes of action against the defendants for: (1) abuse of a dependent adult (against all defendants); (2) negligence (against all defendants); and (3) violation of patients' rights (agains...

Excerpt: ...ll operative Complaint in this matter is a form complaint filed on March 22, 2019. The narrative portions of the Complaint (on the motor vehicle and exemplary damages attachments) allege that Defendant negligently caused Plaintiffs' injuries when he operated his vehicle on “December 6, 2017,' on “Monroe Street in Santa Clara, California.” It further alleges that the “aforementioned acts” of Defendant “were willful and wanton, in that ...

Excerpt: ...erlying complaint, Williams joined Apple in 2010, as a senior platform architect. (Complaint, ¶¶ 2 & 17.) While at Apple, Williams designed chips for a range of Apple products and worked with, advised, and led teams that designed some of Apple's ARM technology. (Id. at ¶¶ 2, 15‐16, & 23‐25.) As a condition of his employment, Williams executed an IPA whereby he agreed that he would not plan or engage in any other employment, occupations, c...

Excerpt: ...no and Robert Young (collectively “Defendants”). Plaintiff alleges he became acquainted with Venkat and Vijayasri Rayapati through a cousin. Emphasizing this family connection and their membership in the same caste, Venkat and Vijayasri then allegedly tricked Plaintiff into investing in their company, SAI, based on false representations about the company's products, valuation, investors, and success in the marketplace. Defendants subsequently...

Excerpt: ...visa (available to investors who create jobs within the United States if certain conditions are met). Plaintiff's original Complaint was filed on March 25, 2016. The First Amended Complaint (“FAC”) was filed on January 17, 2018 and stated claims for: 1) Breach of Contract (alleging a written contract memorialized in a visa petition and a written stock purchase agreement, both attached as exhibits); 2) Fraud, and; 3) Alter Ego (which is not a ...

Excerpt: ...here Plaintiff was employed. The original and still operative Complaint, filed October 3, 2019, states claims for: 1) Sexual Harassment (FEHA violation) alleged against Defendant La Rinconada and Does; 2) Assault, alleged against Defendant Owen Lin and Does; 3) Invasion of Privacy, alleged against La Rinconada, Owen Lin and Does; 4) Intentional Infliction of Emotional Distress, alleged against Owen Lin and Does; 5) Negligent Infliction of Emotion...

Excerpt: ...nconscionability; (3) wrongful foreclosure; (4) breach of the covenant of good faith and fair dealing; (5) unfair business practices; and (6) accounting. In the SAC, Plaintiff alleges that it received a loan from Defendant to purchase real property in San Jose. (SAC, ¶ 8.) The loan was for $848,000 and was secured by the property. (SAC, ¶ 9.) The original interest rate was 8.875 percent per year. (SAC,¶ 10.) Pursuant to the Loan Agreement, Pla...

Excerpt: ...GN‐1.) Plaintiffs allege injuries resulting from the doctors' failure to provide adequate treatment and to obtain adequate care, (TAC, ¶¶ FR‐2, FR‐3, FR‐4, IT‐1, & GN‐1), as well as from defective Angio‐Seal devices that were used in the procedures. (TAC, ¶¶ Prod. L‐1‐Prod. L‐12.)P laintiffs also allege that they did not consent to the procedures and that they were misled as to who would perform the procedures. (Id. at ¶�...

Excerpt: ... at 1708 McCarthy Boulevard, Milpitas, California (the “McCarthy Property”). Plaintiff initiated the action against John Traub and Carolina Traub, as individuals and co‐trustees of the 1994 Inter Vivos Trust, and John Traub II on February 20, 2019. Plaintiff subsequently amended his pleading on several occasions. In December 2019, Plaintiff filed a second amended complaint (“SAC”) alleging causes of action for: (1) fraud; (2) breach of ...

Excerpt: ...“RPD”), set one, and for awards of monetary sanctions; and (2) the motion by Plaintiff to compel defendants Elena Kozlova (“Kozlova”) and Rosalie Toren (“Dr. Toren”) to provide further responses to FI, set one, SI, set one, RFA, set one, and RPD, set one, and for an award of monetary sanctions. Factual and Procedural Background This action arises out of psychotherapy services provided to Plaintiff by Kozlova, a psychological assistant...

Excerpt: ...te jobs within the United States if certain conditions are met). Plaintiff's original Complaint was filed on March 25, 2016. The First Amended Complaint (“FAC”) was filed on January 17, 2018 and stated claims for: 1) Breach of Contract (alleging a written contract memorialized in a visa petition and a written stock purchase agreement, both attached as exhibits); 2) Fraud, and; 3) Alter Ego (which is not a separate cause of action). The only n...

Excerpt: ...linic (collectively, “Plaintiffs”) bring this action against Cigna Health and Life Insurance Company, and CIGNA Healthcare of California, Inc. (collectively, “CIGNA”) for damages associated with breach of contract and tortious interference with economic advantage. According to the allegations of the operative first amended complaint (“FAC”), Plaintiffs operate pain management clinics. (FAC, ¶ ¶ 9, 19, 20.) They were in‐ network pr...

Excerpt: ...ssued the policy, as a defendant but NY Life is no longer in the case. Plaintiffs' original and still operative Complaint in the 2018 case was filed November 5, 2018 and stated three causes of action: 1) Declaratory Judgment; 2) Prohibitory Injunction (against NY Life only), and; 3) Mandatory Injunction (against NY Life only). On March 11, 2019 the Court signed an order “Granting Motion to Deposit of Funds and for Dismissal.” Pursuant to that...

Excerpt: ...mployees”)—to the first amended complaint (“FAC”) of plaintiffs Jane Doe 1 and Jane Doe 2; (2) the motion by plaintiff Jane Doe to compel District to provide further responses to form interrogatories, set four (“FI”), special interrogatories, sets four and seven (“SI”), requests for admission, set four (“RFA”), and requests for production of documents, set 6 (“RPD”), and for an award of monetary sanctions; (3) the motion b...

Excerpt: ...f action for trademark infringement and unfair competition against Toast Holdings Inc., We Toast IP, LLC, and California Marketing and Packaging (collectively, “Cross Complainants”). In response, Cross Complainants allege identical causes of action against Caliva and CMG Partners, Inc. (collectively, “Cross Defendants”). CMG Partners is alleged to have originally registered the trademark at issue, “Toasties,” and subsequently assigned...

Excerpt: ...over assessments imposed on non‐party C Cube Investment, LLC (“C Cube”) by Association. Association is non‐profit, mutual benefit corporation established for the governance of the Lundy Professional Center Condominium Unit Project (the “Project”). (Complaint, ¶ 2.) Reynoso, Eischen, Anh, Yeh, and Tung (collectively, “Individual Defendants”) are directors and/or officers of Association. (Id. at ¶¶ 4‐9.) The Project is an offic...

Excerpt: ...nt. Therein, Plaintiff alleges that Vicini and Martinez are California Highway Patrol officers and she suffered general damages, emotional distress, mental distress, and medical negligence. Plaintiff checked boxes in the form complaint indicating that she attached causes of action for general negligence, intentional tort, “medical negligence, officer misconduct, [and] sexually grooped [sic].” (FAC, ¶ 10.) However, those causes of action are ...

Excerpt: ...st amended complaint (“FAC”), plaintiff TWA Construction (“Plaintiff”) retained Ackerman, who is an attorney, to represent it in a lawsuit. (FAC, p. 10: 1‐2.)1 Plaintiff was sued for wrongfully removing trees shared by an adjacent property as part of a construction project, and judgment was entered against it for over $200,000. (Id., pp. 3:18‐20; 4:24‐28.) According to the FAC, Ackerman's negligent representation of Plaintiff was th...

Excerpt: ...intiff”) was allegedly struck by vehicle driven by Defendant Nabil Aridi, injuring Plaintiff MacLean. The original complaint of Plaintiffs Heather MacLean and Eric Ralph Hodge was filed on June 21, 2018 and stated claims for 1) Negligence and 2) Loss of Consortium (by Plaintiff Hodge only, based on the allegation that he was MacLean's husband at the time of the injury) against Defendants Borel Limo Co., Inc., Nabil Aridi and Does 1 through 20. ...

Excerpt: ... a healthcare insurer. (Complaint, ¶¶ 1‐2.) On January 10, 2019, Plaintiff's employee, Brandy, allegedly spoke with Defendant “so as to determine whether or not to provide services” to patient JS and “how to bill for [said] services.” (Complaint, ¶ 20.) “Brandy obtained promises and information from [Defendant's] representative, Yahayra B., to be assured that [Defendant] would remit payment for the services to be provided to … JS...

Excerpt: ...018, alleges twelve causes of action for: (1) breach of contract (against Defendants C3DNA & Malavalli, alleging a hybrid contract that was partially oral, partially written and partially implied by conduct that Defendants breached by failing to deliver a true Term Sheet, interfering with Plaintiff's negotiations with investors and terminating him without cause, FAC at ¶¶56‐58); (2) breach of the implied covenant of good faith and fair dealin...

Excerpt: ...); 2) Fraud (alleged against all Defendants), and; 3) Negligent Misrepresentation (alleged against all Defendants). In their original and still operative Complaint filed September 19, 2019, Plaintiffs allege (at ¶12) that in May 2011 they each invested $125,000 with Defendants to be used to fund Defendants' development of real property and in return “Sagorac provided Plaintiffs each with an unsecured Promissory Note promising repayment of $140...

Excerpt: ... of his second and third causes of action. As is relevant here, Plaintiff provided objection‐only responses to RPD Nos. 2 and 3, which stated: The request, as framed, does not comply with C.C.P. Section 2031.030 as it does not describe the documents to be produced by each individual item or by reasonably particularizing each category or item. Instead it violates the work product of Plaintiff's counsel as it requires Plaintiff's counsel to analy...

Excerpt: ...Plaintiff is self‐ represented. The first lawsuit was filed on April 23, 2014 (case number 2014‐1‐CV‐264241, “2014 action”) was dismissed without prejudice on January 30, 2017. The second, current action (case number 2015‐1‐CV‐287472, “2015 action”) was first filed on October 29, 2015 and was dismissed in June 2019. One of the Defendants initially named in both actions, specially appearing Defendant Thomas Kenefick (“Kenef...

Excerpt: ...ordinary cases, our Supreme Court in NBC Subsidiary (KNBC–TV), Inc. v. Superior Court (1999) 20 Cal.4th 1178 [parallel citation] set forth the findings that both the trial and appellate courts must expressly make to seal a record. (Citations) Courts must find that (1) there is an overriding interest supporting sealing records; (2) there is a substantial probability that the interest will be prejudiced absent sealing; (3) the proposed sealing is...

Excerpt: ...ured and distributed by BMW. (Complaint, ¶¶ 6 & 32.) “Plaintiff purchased the Vehicle from a person or entity engaged in the business of manufacturing, distributing, or selling consumer goods at retail.” (Id. at ¶ 6.) In connection with Plaintiff's purchase of the Vehicle, BMW provided express written warranties by which it undertook to preserve or maintain the utility or performance of the Vehicle, or to provide compensation if there was ...

Excerpt: ...ot affected by the judgment or order.” (Code of Civil Procedure § 916(a).) “… [A]n appeal does not stay proceedings on ‘ancillary or collateral matters which do not affect the judgment [or order] on appeal'…” (Varian Medical System v. Delfino (2005) 35 Cal. App. 4th 180, 191.) Here, the court finds that the stay as the result of Mr. John Guerra Jr.'s appeal of the denial of his Anti‐SLAPP motion regarding the claims against him in ...

Excerpt: ...claims against other defendants. Defendants Sima Haririan and Abdolaziz Arjomand (collectively “Haririan/Arjomand Defendants”) have filed a cross‐complaint against Defendant Trader Joe's (“Trader Joe's”) and Trader Joe's has filed a cross‐complaint against Haririan. Plaintiff Dempsey's April 12, 2017 Complaint (submitted as Defense Exhibit B) is a form complaint stating claims for (1) Motor Vehicle negligence (against Haririan & Arjom...

Excerpt: ...ing for Samsung in June 2014, as a principal engineer and biosensing lead. (FAC, ¶¶ 1 & 12.) During his employment, Jain was part of the Think Tank Team (“TTT”) and under the supervision of defendants Pranav Mistry (“Mistry”) and Sajid Sadi (“Sadi”). (Id. at ¶¶ 3‐4 & 12.) His job duties included researching and inventing new technologies. (Id. at ¶¶ 1 & 12.) Jain was allegedly a valued employee who performed his duties well an...

Excerpt: ...s' association, Safakish v. Vanni, et al., case no. 16CV294900. A motion to enforce the mediated settlement agreement in that lawsuit was granted by the Court (Hon. Arand) on April 5, 2019. A judgment was entered in that case on April 8, 2019, which Plaintiff has appealed. Plaintiff's original complaint in this action was filed on April 11, 2019 and stated three causes of action against Defendant and various Doe defendants: (1) Intentional Misrep...

Excerpt: ...nal, Inc. (“Defendants”). II. Motion to Strike Portions of the FAC Under CCP §436 a court may strike out any irrelevant, false, or improper matter inserted into any pleading or strike out all or part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. The grounds for a motion to strike must appear on the face of the challenged pleading or from matters of which the court may ta...

Excerpt: ...mination in violation of FEHA, (2) retaliation in violation of FEHA, and (3) unpaid wages. There were no allegations of harassment or wrongful termination in violation of FEHA stated in the original complaint. The operative first amended complaint (“FAC”) was filed on October 16, 2019 and states claims for (1) Discrimination and Harassment (with the harassment allegation added for the first time in October 2019) in violation of FEHA; (2) reta...

Excerpt: ...ch of contract and tortious interference with economic advantage. According to the allegations of the operative first amended complaint (“FAC”), Plaintiffs operate pain management clinics. (FAC, ¶ ¶ 9, 19, 20.) They were in‐ network providers with CIGNA for many years, until 2014. (Id. at ¶ 2.) After they left the CIGNA network, CIGNA required excessive medical records and documentation for each bill prior to payment. (Id. at ¶ 3.) CIGN...