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...

Excerpt: ...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 Plainti
¯'s First Amended Complaint. By this...

Excerpt: ...”) (collectively, “Defendants”). According to the complaint, BioDot designs and manufactures precision liquid dispensing and material-handling systems used by corporate customers to manufacture diagnostic tests. (Complaint at ¶ 2.) ATS is a multi-national conglomerate that builds automation systems for many industries, including medical devices, pharmaceuticals, telecommunications, semiconductor, Þber optics, automotive, computers, solar ...

Excerpt: ...1999) 21 Cal.4th 973, 975.) The court may grant a motion for withdrawing or amending deemed responses if (1) the admission was the result of mistake, inadvertence, or excusable neglect, and (2) the party that made the requests for admission will not be substantially prejudiced if the motion is granted. (CCP § 2033.300(b).) The law strongly favors a disposition on the merits and disfavors undeserved windfalls obtained through requests for admissi...

Excerpt: ...(Chun Decl. Exhibit “7”.) Defendant served its response to Plainti
¯ in compliance with the Order on November 22. (Chun Decl. Exhibit “8”.) Defendant changed representation during the litigation, and its initial answer was improperly submitted in pro per, which it is seeking to amend. (Def. Sep. Statement ¶ 5.) II. Legal Standard The court may impose sanctions against anyone engaging in conduct that is a misuse of discovery under Code o...

Excerpt: ...tion in Santa Clara Superior Court entitled Katalyst Development, LLC v. Michel, et al. (“Underlying Action”). The subject matter of the lawsuit was real property located in Santa Clara County which was the subject of a purchase contract entered into by Forma, who assigned its rights to Katalyst. (Aalaei Decl., ¶¶ 3, 4 and Exhibit “1” attached thereto.) When the fee agreement was entered into, Plainti
¯ had a San Francisco address, but...

Excerpt: ...ompel Defendant to further respond to Sl set two, served by Plaintiff pursuant to Code of Civil Procedure ("CCP") section 2030.300. (Motion at 2.) Particularly, Plaintiff seeks further response to Sl nos. 103, 104, and 105. (Mohon at 2-3.) Sl no. 103 asks Defendant to "identify all internal memorandums sent or received by Defendant from January 1, 2008 to December 31, 2011 relating to nerve damage associated with the Miradry System". (Sl at '1 9....

Excerpt: ...their motion for sanctions: CCP section CCP section 128.5 and california Rule of court (CRC) 2.30(b). CCP section 128 CCP section 128 states that "(a) Every court shall have the power to do all of the following: (5) To control in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every matter pertaining thereto." (ld.) While CCP secton 128 does...

Excerpt: ...RANTED IN PART. Section 9 of the Agreement provides: The Parties agree that in the event they believe any other Party has breached any term of this Agreement, the non-breaching Party will meet and confer in good faith with the allegedly breaching Party to resolve the dispute. For purposes of this Agreement, "meet and confer in good faith" means either an in-person conversation or telephone conversaton in which the Parties respectfully identify th...

Excerpt: ...at Medspa, consisting of six "bikini Brazilian" treatments and six "upper leg" treatments. (Complaint at 6.) On April 12, 2022, Plaintiff attended her fourth treatment of laser hair removal therapy where Nurse Mottahed was available to treat her. (ld. at '17.) During laser treatment, Nurse Mottahed burned Plaintiff's leg forcing her to leave her appointment early. (ld. at "1 10-14.) The employees at the front desk told Plaintiff that Nurse Mottah...

Excerpt: ...int, Plaintiffs Domingo Tejeda Vindel and Tomassa Beatriz Ponce Jimenez (“Plaintiffs”) allege two causes of action against Defendants Nicole Roybal (“Roybal”) and Sonic – Stevens Creek B, Inc. DBA Stevens Creek BMW (“Dealership”):1 (1) motor vehicle negligence; and (2) general negligence. The complaint states that on April 26, 2019, Vindel was driving his vehicle on Interstate 280 in San Jose when the rear of his vehicle was struck ...

Excerpt: ...us Management Group, LLC; Tim Stannard; Mark Sullivan; Andrew Green; and Brannin Beal (“Defendants”). The original and still‐operative Complaint, filed March 5, 2021, alleges generally that Plaintiff worked as the general manager for Pizza Antica in Santana Row. (Complaint at ¶ 29.) When COVID‐19 restrictions were put into place in March 2020, Defendants terminated all the restaurant employees and closed the restaurants. (Id. at ¶ 32.) ...

Excerpt: ... The operative First Amended Complaint (“FAC”) as filed on January 8, 2016 and states claims for: (1) Negligence (against several defendants), and; (2) Medicare Fraud (against Defendant Kenneth Miller, M.D. only). Currently before the Court is the demurrer to the FAC by Defendant Kenneth Miller, M.D., (“Defendant”) in both his individual capacity and as “Kenneth Miller P.C.,” filed on July 28, 2021. Plaintiff opposes the demurrer in p...

Excerpt: ...y party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 11 August 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order On Motion of Plaintiff to Reopen Discovery or, Alternatively, to Exclude Evidence. This matter was originally set for a trial date on 14 December 2020. At that time, counsel for plaintiff represented...

Excerpt: ...ng the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 11 August 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order Motion of Plaintiff to Disqualify Defense Counsel. I. Statement of Facts. The facts of this matter are well known to this Court, to the parties, and to counsel. II. Motion of Plaintiff to Disqualify Defense Counse...

Excerpt: ... the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 11 August 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion of Defendant to Compel Further Responses to Request for Production of Documents, Set One, and for Monetary Sanctions. I. Statement of Facts. This complaint was filed on 25 June 2020.2 Plaintiff, a member o...

Excerpt: ...tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 11 August 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Orders on Motion of Plaintiff to Compel Deposition of Larry Smead and on Motion of Defendant for Protective Order. I. Statement of Facts. The facts of this kinetic lawsuit are well known to the Court. In July 2018, Mr. Soffa w...

Excerpt: ...s to Plaintiff, within 10 days of this order. On 9/15/2020, the court granted Plaintiff's motion to compel Defendant to further respond to 11 interrogatories from Plaintiff finding that Defendant's responses were “not Code‐complaint and did not fairly answer the interrogatories.” On 10/5/2020, Defendants' verified responses to SI Nos. 1, 3, 5, 7, 8 and 10 were “YES”. Defendant's verified responses to SI Nos. 2, 4, 6, 8, 9, and 11 basica...

Excerpt: ...ively, “Owners”) own a building located at 224 North 27th Street in San Jose (the “Property”). Defendants, in turn, are the owners of a cellular antenna tower located on the roof of the building. (Complaint, ¶ 7.) On May 4, 2016, Plaintiff, an employee of ProCell, was at the Property to perform maintenance and/or repairs to the aforementioned tower. (Id., ¶ 8.) In order to access the tower, Plaintiff was forced to use a ladder affixed t...

Excerpt: .... According to the allegations of the Complaint, for the last nine years, Defendant issued to Plaintiff an Accountants Professional Liability Insurance Policy which provided coverage for acts, errors, and omissions in the rendering of accounting services. (FAC, ¶ 6.) The policy issued for the period 1/18/17 to 1/18/18 (the “Policy”) provided, in part, that Defendant would pay “those sums that an Insured becomes legally obligated to pay as ...

Excerpt: ...lief for fraud and mistake is clearly warranted. On July 12, 2019, Plaintiff Chartwell Staffing Services, Inc. dba Chartwell Staffing Solutions (“Plaintiff”)'s former attorney duplicitously assured Defendant that it need not file a responsive pleading by representing that Plaintiff was going to file a First Amended Complaint. For this reason, Defendant did not file a responsive pleading. In late March/early April 2020, Defendant's counsel Ber...

Excerpt: ...der”). The Order re‐opened fact and expert discovery, set a trial date of August 9, 2021, and a summary judgment and in limine briefing schedule with moving papers due February 16, 2021, and opposition due April 30, 2021. Following that Order, Defendant timely re‐filed and re‐served its motion for summary judgment, or in the alternative motion for summary adjudication, and two in limine motions (1) to exclude the opinions of Plaintiff's m...