Excerpt: ...n Hsu and Chin- Wei Hsu in Case No. 23CV427626 filed a similar notice in their case referencing this Case No. 22CV407623, the same day. In both notices, the second box in Section 1(h) is checked indicating that each case “arise from the same or substantially identical transact ions, incidents, or events requiring determination of the same or substantially identical questions of law or fact.” The plaintiffs in both actions are represented by ...

Excerpt: ...rty located at 1343 San Juan Avenue in San Jose, California (“Property”) upon the death of his mother, Maria Castaneda (“Castaneda”). (Complaint at BC -4.) Upon Salvador's death or sale of the Property, Plaintiff was to be provided with her share a s issue of Castaneda.1 (Ibid.) On November 26, 2022, Salvador died and Plaintiff discovered that he transferred the Property into his trust to be given to Defendant, his wife, upon his death. (...

Excerpt: ...2024, in the principal amount of $ 894,443.54 that was modified on June 5, 2023, to $979,425.90, on two major grounds. First, Kokinos claimed that vacatur is required pursuant to “section 1286.2(a)(6)(B) because WELSH refused to honor KOKINOS's timely demands for disqualification of hersel f and of her designated forensic accountant Vanessa Hill (Hill), when WELSH was required to remove herself and the accountant from the proceedings” citin...

Excerpt: ...4.) Doe 6 was a teacher empl oyed by Doe 1 who abused his position of power to groom young students, including Plaintiff. (Id. at ¶ 15.) After Doe 6 gained Plaintiff's trust, his sexual advances against Plaintiff became more aggressive. (Compl., ¶ 16.) Doe 1's employees knew, or shou ld have known, that Doe 6 was sexually grooming and sexually abusing Plaintiff. (Id. at ¶¶ 18, 26.) Doe 6 targeted Plaintiff because of his gender. (Id. at ¶ 20...

Excerpt: ...ti ff purchased a laser hair removal therapy treatment course at Medspa, consisting of six “bikini Brazilian” treatments and six “upper leg” treatments. (FAC at ¶ 6.) On April 12, 2022, Plaintiff attended her fourth treatment of laser hair removal therapy w here Nurse Mottahed was available to treat her. (Id. at ¶ 7.) Plaintiff was burned during her laser treatment and left her appointment early. (Id. at ¶¶ 10 -16.) The employees at t...

Excerpt: ...ard by Marriott hotel in Sunnyvale, California which was owned and operated by defendants. (FAC at ¶ 4.) Plaintiff was attending a business function in the area at the time of the events alleged in the FAC. (Ibid.) Around this time, defendants summoned officers of the Sunny vale Police Department and had Plaintiff arrested without a warrant and detained for the crime of felony vandalism. (FAC at ¶ 5.) Plaintiff was then transported to the Santa...

Excerpt: ...nt. On February 15, 2024, defendant Sossaman, specially appearing, filed a motion to quash service of summons and complaint. Plaintiff filed written opposition. Motion to Quash Service of Summons Defendant Sossaman moves to quash service of summons as he was not personally served with the complaint in this action. Legal Standard “Service of process is the means by which a court having jurisdiction over the subject matter asserts jurisdiction ...

Excerpt: ...tee, on Behalf of the Colt 2021HX1 Mortgage Loan Trust, a New York Common Law Trust (“U.S. Bank”), Select Portfolio Servicing, Inc. (“SPS”), and Clear Recon Corp. (“Clear Recon”) (collectively, “Defendants”). Plaintiff is the owner of r eal properties located at 1128 Dean Avenue, San Jose, CA 95125 (“Dean Property”) and 236 Bean Avenue, Los Gatos, CA 95030 (“Bean Property”) (collectively, “Properties”). (First Amended ...

Excerpt: ...ion”]; Stepan v. Garcia (1974) 43 Cal.App.3d 497, 500 [the court may take judicial notice of its own file].) Accordingly, the court takes judicial notice of its own file in this matter. Plaintiff's moving papers filed 10/10/2023 and on 2/1/2024 show her address is: 2694 G LEN DOON CT, SAN JOSE, CA 95148. Here, the proof of service filed 6/29/2022 shows that Defendant was served by substitute service. It states that the summons and complaint...

Excerpt: ...osts of $1,5660.40 for a total of $121,272.90. Nguyen is the “prevailing defendant under CCP section 425.16(c), which mandates that “a prevailing defendant on a special motion to strike shall be entitled to recover his or her attorney's fees and costs.” (CCP § 425.16(c).) On November 8, 2023, the Court issued an order granting Nguyen's anti -SLAPP motion with respect to six of the seven counts contained in Plaintiff's First Amended Complai...

Excerpt: ...c. (collectively, “Defendants”). According to the first amended complaint (“FAC”), the subject of this action concerns certain real property located at 3962 Ross Avenue in San Jose, California (“Property”). (FAC at ¶ 1.) The Mathew Wang Li ving Trust Dated May 5, 2021 (“Trust”) was and is the co -owner of the Property. (FAC at ¶ 2.) Plaintiff and his late wife, Betty Wang (“Betty”1), were cotrustees of the Trust. (Ibid.) Up...

Excerpt: ...ollectively, “Defendants”). Dr. Kethineni is a medical doctor with a specialization in infectious diseases who practices at San Joquin General Hospital. (Complaint at ¶ 2.) In December 2010, non- party Neelinfo, Inc. (“Neelinfo”), a California c orporation, entered into a commercial agreement (“Agreement”) with defendant Techorbit, a Texas corporation. (Complaint at ¶ 3.) On June 13, 2012, Techorbit filed an action against Dr. Keth...

Excerpt: ...ion”]; Stepan v. Garcia (1974) 43 Cal.App.3d 497, 500 [the court may take judicial notice of its own file].) Accordingly, the court takes judicial notice of its own file in this matter. Plaintiff's moving papers filed 10/10/2023 and on 2/1/2024 show her address is: 2694 GLEN DOON CT, SAN JOSE, CA 95148. Here, the proof of service filed 6/29/2022 shows that Defendant was served by substitute service. It states that the summons and complaint ...

Excerpt: ... asserting it serve d Que by personal service in Hong Kong on August 10, 2023, at 7:49 PM. The proof of service indicates Chau Sinling Fanny (“Fanny”) served the papers on Que. Que specially appears to bring a motion to quash service by Plaintiff. II. Motion to Quash Que mo ves to quash service of summons on the ground the Court lacks jurisdiction over him because Plaintiff failed to properly serve him pursuant to international laws. a. Legal...

Excerpt: ...uest to dismiss the action pend ing the outcome of the arbitration is DENIED as MOOT. BACKGROUND On November 29, 2023, Plaintiff filed the instant action against Cloudbrink and its Chief Executive Officer, Mana. Plaintiff asserts seven causes of action in his Complaint for (1) [Whistlebl ower] Retaliation in Violation of California Labor Code sections 1102.5 and 98.6, (2) Fraudulent Misrepresentation, (3) Negligent Misrepresentation, (4) Breach ...

Excerpt: ... owned by Yan Jian, together with her husban d and children, referred to as the “Chen Family.” (Id. at ¶ 2.) In March 2019, GFL leased the Property to Blueprint, so it could operate a hotpot restaurant called Tian Fu Xiang Hotpot (“TFX”). (Id. at ¶¶ 27, 44.) Shi is the owner of Blueprint. (Id. at ¶ 4 .) In order to obtain possession of the Property, Shi first interfered with GFL's sale agreement with a potential buyer of the Property...

Excerpt: ...ation Act (“CAA”) and the California Code of Civil Procedure (“CCP”) section 1280, et seq., is DENIED. Defendant's motion pursuant to 9 U.S.C. section 3 and CCP section 1281.4 for a stay in this action is DENIED. Legal Standards Both federal law and California law favor the enforcement of valid arbitration agreements. The United States Supreme Court has often reaffirmed the long - standing “liberal federal policy favoring arbitration,�...

Excerpt: ...eral statements to a group of individuals including, but not limited to, the Plaintiff, and members of the Williams, Rader, Gordon, and Ayal families (and possibly the Bromberg family). (Complaint at p. 2:33 -38.) The email content consists o f the following statements: (1) “And that one was before or after you got arrested for hurting Emma? Did she get a restraining order against you? That was the second or third restraining order women have t...

Excerpt: ...rformance” records, wh ich shall be excluded from the records produced. It is DENIED as to all the other records requested. The subpoenaed records (except Plaintiff's performance records) shall be produced by Tacos pursuant to Defendant's subpoena within 20 days of notice of this order. The records produced by Tacos pursuant to the Defendant's subpoena shall only be used in this action. The Complaint Plaintiff filed a complaint against Defenda...

Excerpt: ...On 12/8/2022 Defendant served a notice of taking Plaintiff's deposition on 12/28/2022 and requested the RPD Nos. 1 -17 be produced at the deposition. Written objections must be served on the party noticing the deposition at least three calendar days before the deposition. (Code Civ. Proc. § 2025.410(a), (b).)3 Plaintiff served timely written objections to the notice of deposition by email on 12/23/2022. A party may move to compel deposition atte...

Excerpt: ...scan for Plaintiff. (Ibid.) Plaintiff did not receive a call from Defendant explaining the results of the CT scan or to discuss any risks or future treatment. (Ibid.) Instead, Plaintiff received a postcard concerning her test re sults which simply stated, “no abnormalities.” (Ibid.) On August 18, 2022, Plaintiff woke up and was nearly completely blind in her right eye. (See Attachment to Complaint.) Plaintiff alleges Defendant should have dia...

Excerpt: ...operator of the vehicle, was driving a 2017 Lexus RX. (Compl., ¶¶ 3 -4.) Plaintiff did not contribute to the accident. (Compl., ¶ 7.) On October 16, 2023, Plaintiff filed her Complaint alleging a negligence cause of action against Defendant. On January 2, 2024, Defendant filed a demurrer to the Complaint. Plaintiff opposes the motion. II. Demurrer a. Legal Standard “A demurrer tests only the legal sufficiency of the pleading. It admits the...

Excerpt: ...mmonly known as Suite 700 (“Premises”) of the building located at 2440 West El Camino Real in Mountain View, California. (Complaint at ¶ 5.) The Lease required Flex Logix, among other things, to pay rent and other charges (collectivel y, “Rent”) when due. (Id. at ¶ 6.) Despite this requirement, Flex Logix failed to pay Rent when due under the terms of the Lease. (Id. at ¶ 7.) On June 8, 2023, BXP served Flex Logix with a 5 -day Notice ...

Excerpt: ...ded that Why Systems would provi de equipment and services to Emodo at a monthly rate of $271,068 and with a 5% charge for late payments and award of attorneys' fees incurred in connection with the collection of amounts due. (Compl., ¶ 6, subds. (a) -(c).) Defendant breached the August Lease by failing to make the payments due and owing of at least $5,028,492, excluding interest and fees. (Compl., ¶ 8.) On July 31, 2023, Plaintiff filed its Co...

Excerpt: ...ly favor the enforceability of arbitration agreements and require that – where parties have agreed to arbitrate – they must do so in lieu of litigating in court. (Buckeye Cheek Cashing, Inc. v. Cardegna (2006) 546 U.S. 440, 443; Moses H. Cone Mem. Hospital v. Mercury Constr. Corp. (1983) 460 U.S. 1, 24-25; Harris v. Tap Worldwide, LLC (2016) 248 Cal.App.4th 373, 380 [“California law favors enforcement of valid arbitration agreements.”]; t...