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: ...“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...