Excerpt: ...f 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 providers with CIGNA for many years, until 2014. (Id. at ¶ 2.) After they left the CIGNA network, CIGNA required excessive medical...

Excerpt: ...mplaint (“FAC”), defendant Hieu Minh Nguyen (“Mr. Nguyen”) is a real estate investor and developer. (FAC, ¶ 11.) On June 1, 2014, Mr. Nguyen and Plaintiffs entered into an agreement whereby Plaintiffs loaned Mr. Nguyen $1,850,000 to finance the development and construction of an apartment building in Vietnam. (Id. at ¶ 12.) The loan was evidenced by a promissory note dated July 11, 2014, in the principal amount of $1,850,000 in favor of...

Excerpt: ... 11, 2016 was a breach of the written employment contract attached as exhibit A, the only alleged employment contract (See Complaint at ¶¶ 40‐41.) The second cause of action for breach of the implied covenant of good faith and fair dealing rests on the allegations for the breach of contract claim and was not based on any independent allegations. By order filed on September 6, 2019, Defendants' demurrer to the original complaint was sustained ...

Excerpt: ...f Global Channels and responsible for SunPower's rooftop solar business. (FAC, ¶ 1.) 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 ¶ 93.) DeBono later signed an employment agreement, in which he agreed not to actively engage in any other employment without his supervisor's prior approval. ...

Excerpt: ...asks the Court to take judicial notice of a supplemental brief filed by BMW in a federal case “pursuant to Federal Rules of Evidence 201.” (Reply RJN, p. 1:6.) Plaintiff's request for judicial notice suffers from multiple defects. First, the request is made pursuant to Rule 201 of the Federal Rules of Evidence. California courts, including this Court, are not bound by the Federal Rules of Evidence; they follow California's Evidence Code. (Evi...

Excerpt: ...aint (on the premises liability attachment) states that on “March 25, 2016,” Plaintiff was injured by a “slip and fall at 875 Cinnabar St., San Jose, CA 95126.” On the premises liability attachment the boxes are checked for “Count OneNegligence,” alleged against Seven Hills Properties, LLC and Does 1 to 5, and “Count Two— Willful Failure to Warn,” alleged against Seven Hills Properties, LLC and Does 6 to 10. Plaintiff's specific...

Excerpt: ...C, ¶ 22.) A shot‐put is a 12‐pound metal sphere that is thrown competitively for distance. (Ibid.) For safety, the throw is made from a designated seven‐ foot circle into a defined throwing sector. (Ibid.) Adjacent to the throwing sector is a safety buffer zone that must be kept clear of spectators and participants during the event. (Ibid.) According to the rules, participants may only throw the shot‐put when the throwing sector and safe...

Excerpt: ...arton, who has physical disabilities and limited mental capacity. (Complaint, ¶ 12.) At some point, SYW, which is owned and operated by Dumbuya, was hired to provide additional in‐home care for Barton. (Id. at ¶ 13.) Dellard, an employee of SYW, provided the care during regular overnight shifts while Plaintiff continued to care for Barton during the day. (Ibid.) At some point, the relationship between Plaintiff and Dellard soured, and Dellard...

Excerpt: ...l Channels and responsible for SunPower's rooftop solar business. (FAC, ¶ 1.) 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 ¶ 93.) DeBono later signed an employment agreement, in which he agreed not to actively engage in any other employment without his supervisor's prior approval. (Id. at...

Excerpt: ...TBG West, a licensed insurance broker and agent, to procure insurance for him. (Id. at ¶¶ 11, 15, 16, 41, 42, 47, & 48.) TBG West “represented to Plaintiff that it had special skill, knowledge, expertise and experience in disability insurance,” and allegedly owed Plaintiff a fiduciary duty on this basis. (Id. at ¶ 15.) TBG West sold Plaintiff a disability insurance policy from defendant Provident Life and Accident Insurance Company (“Pro...

Excerpt: ...ustee of the Trust, entered into a Stock Redemption Agreement (“Agreement”). (Id. at ¶ 4.) Pursuant to the Agreement, as trustee, Higashi agreed to sell all 60 shares owned in Plaintiff, to Plaintiff for a proscribed price and at certain intervals over a period of years. (Id. at ¶ 5.) In 2002 the parties executed an amendment to the agreement to reflect a one to 1000 stock split and a resulting modified pricing structure. (Id. at Ex. B.) At...

Excerpt: ...her responses to FI Nos. 12.1, 15.1, and 17.1. A. Mootness As a preliminary matter, DealerCMO contends the instant motion is moot because Wilder's counsel purportedly agreed to take the motion off calendar if DealerCMO “complied with its agreement to produce the requested discovery” and “DealerCMO affirms that it will comply with its agreement by the date of this hearing.” (Oppn., p. 1:22‐26.) Moot cases or issues are “ ‘[t]hose in ...

Excerpt: ...Decedent owned 50 percent of the outstanding shares issued by Altest, On Electronics, Inc., and Sentung, LLC (collectively “Corporate Defendants”). Additionally, she and Seng jointly owned, as tenants in common, residential real estate in San Jose, California (the “Property”). Prior to Decedent's death, she and the shareholders of Altest, including Seng, executed a buy‐back agreement pursuant to which the shareholders of Altest would bu...

Excerpt: ...Restaurant, et al., 2012‐1‐CV‐ 230170 (“prior action”). More specifically, every cause of action in the original and still operative Complaint in this matter, filed May 9, 2019, is expressly based on either Defendants' filing of a request for dismissal of Mr. Paramo's remaining claims in his fourth amended complaint in the prior action or statements made by Defendants while negotiating a partial settlement of the prior action with Plain...

Excerpt: ...tions of the operative SAC, John Traub formed a corporation, Nanolab Technologies, Inc. (“NTI”), in 2005. (SAC, ¶ 10.) John Traub was the chief executive officer and majority shareholder of NTI, as well as a director. (Id. at ¶¶ 2 & 11.) His wife, Carolina Traub, and their son, John Traub II, were also directors of NTI. (Id. at ¶¶ 3 & 11.) NTI was a shell company formed for the purpose of acquiring another company, but it failed to do so...

Excerpt: ...AC, ¶ 26.) On November 12, 2009, Plaintiff orally agreed to invest in Aplus in exchange for Eva, Peter and Aplus' (collectively, “Defendants”) assistance in preparing and applying for the EB‐5 visa, and using Plaintiff's investment to create at least ten new positions within two years to grow Aplus into a leader in memory technology. (See SAC, ¶ 27.) Eva also promised Plaintiff to monitor the financial performance of Aplus and ensure that...

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; and (3) compelling defendant Martin DeBono (“DeBono”) to appear for deposition and produce documents in response to document requests contained in the notice of deposition served on July 9, 2019. Factual and Procedural Background...

Excerpt: ...ract; (6) breach of the covenant of good faith and fair dealing; and (7) defamation. According to the allegations of the complaint, Plaintiff was a tenured economics professor at SCU until he was suspended and terminated by SCU following an investigation into claims of sexual harassment by two students. (Complaint, ¶¶ 6, 26, 33, 36, 43.) Plaintiff alleges that the investigation was biased, and SCU used it as a pretext to terminate Plaintiff bec...