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