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: ...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: ... 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: ...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 ¶�...