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: ... 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. (...