Excerpt: ...tion 998. On October 18, 2023, Defendant accepted the offers. Upon discovery of the acceptance, attorney Dolan, lead trial counsel for Plaintiffs in the action, spoke with attorney Kirby and staff, and Plaintiffs, and learned that Plaintiffs had not given informed consent to atto rney Kirby to submit the 998 offers, and hence, attorney Kirby had no authority to submit the 998 offers to Defendant. On October 19, 2023, Attorney Dolan notified atto...

Excerpt: ...vision (b) provides al ternative definitions of a “vexatious litigant”. The motion of Defendant seeks determination that Plaintiff is a vexatious litigant pursuant to subdivisions (b)(2)and b(2) of the section. Subdivision (b)(2) describes as a vexatious litigant a person who: “(2) After a litigation has been finally determined against the person, repeatedly relitigates or attempts to relitigate, in -propria persona, either (i) the validi...

Excerpt: ...ntiff has not filed r eply to opposition. Analysis Code of Civil Procedures section 473, subdivision (b) in pertinent part here, provides: “(b) The court may … relieve a party or his or her legal representatives from a judgment, dismissal, order or other proceeding taken agains t him or her through his or her mistake, inadvertence, surprise or excusable neglect. … the court shall , whenever an application for relief is made … is accompan...

Excerpt: ...hiring, supervision, and retention of employee, and punitive damages. On September 8, 2023, Defendants filed demurrer to the complaint and motion to strike portions of the complaint. Plaintiff did not file opposition. On January 16, 2024, the demurrer was sustained with 20 days l eave to amend, and the motion to strike was granted. On March 5, 2024, Plaintiff filed the instant motion and application for leave to file first amended complaint ...

Excerpt: ...um”). (Id.) While leaning a gainst a railing in the south end zone to take a photograph, the railing gave way. (Id.) The railing failed because it was not properly constructed, maintained, inspected, and secured. (Id.) Plaintiff Benson fell several feet with her back striking a concr ete border at field level below. (Id.) Plaintiff Benson required transportation by paramedics to a local trauma center for serious low back injuries that persist ...

Excerpt: ...), alleging first cause of action f or negligence-unprofessional inadequate security, second cause of action for commercial premises liability and third cause of action for failure to warn of dangerous condition on business premises. According to the allegations of the FAC, on or about May 5 , 2018, security personnel of Restaurant witnessed attacks unfolding inside Restaurant's premises involving Decedent and an alleged assailant. Security pers...

Excerpt: ...rez (“Ramirez”) i s his landlord and that defendant Ramirez (and/or agents, employees, co - conspirators) committed trespass on plaintiff Martin's apartment. Plaintiff Martin's original complaint further alleged that defendant Emalee Ousley (“Ousley”) and defendant Ramirez (an d /o r agents, employees, co -conspirators) committed an assault and battery. Plaintiff Martin's original complaint also names as defendants the City of Sacramento ...

Excerpt: ...each defendant), third c ause of action for breach of contract, fourth cause of action for breach of covenant of good faith and fair dealing and fifth cause of action for specific performance. On June 23, 2023, Plaintiff's motions for summary judgment on the complaint and cross co mplaint were granted, and on November 7, 2023, judgment was entered in favor of Plaintiff. On January 8, 2024, Plaintiff filed the instant motion for attorney's fees...

Excerpt: ...ff Martin's apartment. Plaintiff Martin's original complaint further alleged that defendant Emalee Ousley (“Ousley”) and defendant Ramirez (and/or agents, employees, co -conspirators) committed an assault and battery. Plaintiff Martin's original complaint also names as defendants the City of Sacramento (“Sacramento”), City of West Sacramento (“West Sacramento”), and Google LLC (“Google”). Without much in the way of facts, plaintif...

Excerpt: ...er things, Stensrud made a significant capital contribution and loan to Plaintiff in exchange for 80% ownership of the company. (Complaint, ¶3.) Plaintiff corporation later prepared a written “Action by Unanimous Written Consent of the Board of Directors of Level 5 Security, Inc.,” to formally document actions taken at the May 15, 2022 organizational meeting. (Complaint, ¶7.) The Unanimous Written Consent adopted new bylaws, documented a $...

Excerpt: ... Company (“LBMC”), borrow ing $125,000. (FAC, ¶9.) Plaintiffs executed a promissory note (“Note”) secured by a deed of trust (“DO”) against the Subject Property, Plaintiffs' primary residence. (FAC, ¶¶10 – 11.) The Note and DOT incorrectly identified the parcel number for the Subje ct Property as 599-44 -020. (FAC, ¶¶12 – 13.) LBMC subsequently assigned the [DOT] to Mortgage Electronic Registration Services (“MERS”) on o...

Excerpt: ...ecompensated heart failure. (Ibid.) Based on Decedent's medical history, Good Samaritan knew or should have known that Decedent was at high risk of developing pressure sores. (SAC, ¶ 15.) Decedent presented with wounds in her right and left legs. (Ibid.) Pressure sore protocol sho uld have been instituted and followed at Good Samaritan. (Id. at ¶ 16.) Decedent suffered the development and/or worsening of pressure sores while at Good Samaritan. ...

Excerpt: ...y are in the legal cu stody of defendant County. (Id.) Defendant County was responsible for the care and safety of children within Santa Clara County. (Id.) Defendant County provided child welfare, child protective, and childcare services to foster children in Santa Clara Count y, including plaintiff Michael Holys (“Holys”). (SAC, ¶9.) At all relevant times, plaintiff Holys was in foster care under the custody, care, and control of defendant...

Excerpt: ...ion Chicago Title Insurance Company and cross -complainant Roya Javid (R Javid”) each filed joinder in Javid's opposition (collectively “Objectors”). On March 29, 2024, defendant and cross complainant Orange Coast Title Company of Northern California (“Orange Coast”) and defendant, cross - defendant and cross -complainant Susan Trujillo (Trujillo) filed response to Tashjian's motion to stay in support of stay. Evidentiary objections O...

Excerpt: ...kground This is an action for ejectment and declaratory relief. According to the complaint, plaintiff 577 Campbell LLC (“Plaintiff” or “577 Campbell”) is the owner of a two‐story office building on real property located at 577 Salmar Avenue in Campbell, California (“the Property”). (Complaint at ¶ 1.) Plaintiff is entitled to possession of a certain portion of the first floor of the Property, including, but not limited to offices o...

Excerpt: ...treatment, and psychological treatment for mental and emotional stress from the accident. On or about February 4, 2022, plaintiff and defendant reached settlement of the lawsuit for $250,000. Plaintiff is eligible for “full‐ scope” Medi‐Cal services available through the Medi‐Cal program, and from the time of injury to settlement of the lawsuit, Medi‐Cal paid $54,214 in injuryrelated medical expenses for plaintiff. Plaintiff provided ...

Excerpt: ...ond to the petition and oppose the motion to compel. Petitioner is the plaintiff and Cytrio, Inc. is the defendant in the subject action outside California, State of Massachusetts, County of Middlesex case no. 2181CV00081 (“MA action”). On December 27, 2022, respondent‐third party, Zymr, Inc. filed opposition to the motion to compel. On January 3, 2023, petitioner filed reply. According to the moving papers, on January 12, 2021, petitioner ...

Excerpt: ... October 3, 2022, defendants filed the instant motion to compel arbitration and stay proceedings. On December 27, 2022, plaintiff filed opposition. Procedural issue Preliminarily, plaintiff's opposition is procedurally defective because it is 19 pages in length, and thus, exceeds the mandated page limit. (See Cal. Rules of Court, rule 3.1113(d) [no opening or responding memorandum may exceed 15 pages, except in a summary judgment or adjudication ...

Excerpt: ... Xu Pengfei (“Xu”), to defraud Plaintiff, and Ruan added non‐Google employee Xu to the Telegram group. (See FAC, ¶¶ 11, 75.) In accordance with this scheme, on May 12, 2022, Xu contacted Plaintiff and proposed that Plaintiff wire Chinese renminbi (RMB) and in exchange, Xu would wire Plaintiff US dollars (USD) based on current exchange rates, and provided Ruan's name as a reference. (See FAC, ¶¶ 12‐13.) Plaintiff and Ruan then exchange...

Excerpt: ...old Plaintiff that Plaintiff was “drunk,” and when Plaintiff stood up from the bench, Plaintiff was pushed backwards and then shoved backward despite retreating from Defendant's employee. (Id.) There was nothing to suggest that Plaintiff was guilty of disorderly conduct pursuant to Penal Code § 647. (Id.) The City of Palo Alto Police Department arrived, detained Plaintiff and conducted a field sobriety test on Plaintiff. (Id.) Plaintiff cont...

Excerpt: ...2‐3 years under the management executives, defendants Joe TaiChang Wu (“Joe”), and Gloria Mei Wu (“Gloria”), who had extensive experience in real estate development. (See complaint, ¶¶ 32‐33.) Business plans were presented to Plaintiffs in February 2014 and then June 2014, indicated a development timeline of 36 and then 72 months, a capital structure including EB‐5 investment, financial projections and the key officers of the mana...

Excerpt: ...in TPx's unit resulted in a flooding event that went undetected and unmitigated through the evening and the morning of June 3, 2018, causing damage to the premises of which Plaintiff was the tenant. (See complaint, ¶¶ 15‐16.) On May 31, 2019, Plaintiff filed a complaint against TPx for property damages and business interruption. On March 25, 2022, TPx filed a form cross‐complaint (“XC”) against cross‐defendant Honeywell International ...

Excerpt: ...old Plaintiff that Plaintiff was “drunk,” and when Plaintiff stood up from the bench, Plaintiff was pushed backwards and then shoved backward despite retreating from Defendant's employee. (Id.) There was nothing to suggest that Plaintiff was guilty of disorderly conduct pursuant to Penal Code § 647. (Id.) The City of Palo Alto Police Department arrived, detained Plaintiff and conducted a field sobriety test on Plaintiff. (Id.) Plaintiff cont...

Excerpt: ...on to strike the complaint was denied. In opposition to the motion, plaintiffs requested attorney's fees which was denied without prejudice, subject to a noticed motion and attorney declaration to support an award of fees. On September 30, 2022, plaintiff filed the instant motion for attorneys' fees as sanctions against defendant and attorney for defendant, pursuant to Code of Civil Procedure sections 128.5 and 425.16 On November 29, 2022, defend...

Excerpt: ...ons to compel further responses. Background On May 11, 2021, plaintiffs Ahmad Wali Momand, Wali Momand, Ahmad Nadiem Daniel Momand, and Momand Najla (“plaintiffs”) filed complaint against defendants Frit San Jose , Stephanie Colbert and Sherry Nguyen alleging causes of action for breach of warranty of habitability; breach of implied warranty of habitability; violations of the Civil Code; breach of quiet enjoyment; private nuisance; premises l...

Excerpt: ...dan”) and Kirk Ballard (“Ballard”). On August 19, 2022, defendants Jacobs filed motion for attorneys' fees and costs pursuant to Code of Civil Procedure section 425.16 (line 10 on the calendar). On October 27, 2022, defendants City, Jordan and Ballard filed a separate motion for attorneys' fees and costs pursuant to Code of Civil Procedure Section 425.16 (line 11). On November 23, 2022, plaintiff filed opposition to both motions of defendan...

Excerpt: ...(“XC”) against cross‐defendants URS Corporation (“URS”) and Anderson Pacific Engineering Construction, Inc. (“APEC”) asserting claims for apportionment of fault, indemnification and declaratory relief. On February 26, 2021, APEC filed cross‐ complaint against cross‐defendants City, URS and AAA Fence Company, Inc. (“AAA”) alleging causes of action for express indemnity defense, implied indemnity, equitable indemnity, apportio...

Excerpt: ... behalf of Lu with the permission and consent of Lu. (See XC, ¶ 5.) Schvartzbard was then required to immediately report use of the stamp and writing of the check to Lu's accounting personnel. (Id.) During Schvartzbard's employment under Lu, he wrote checks on Lu's bank checking account to himself, signed the written check with the facsimile stamp, did not report the checks to Lu's accounting personnel and then used the funds for his own use and...

Excerpt: ...ervision, and retention; retaliation in violation of FEHA; wrongful termination; and retaliation in violation of the Labor Code. It is alleged that the three individual defendants are employed by defendant Cirexx in management and executive positions, and in those positions, sexually harassed plaintiff. It is alleged that the three individual defendants continue to be employed by Cirexx. PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES TO REQUEST F...

Excerpt: ...nt further alleges that the operations of Arseen are controlled by Ninos, to plaintiff's exclusion, and that Ninos uses assets of Arseen for personal gain, and unilaterally disposes assets of Arseen. Plaintiff therefore seeks dissolution of Arseen to protect plaintiff's rights and interests in Arseen. On August 18, 2022, Freidrik filed the instant motion for trial preference. On November 21, 2022, defendants Ninos and Arseen each filed opposition...

Excerpt: ...s a home improvement contractor, engaged in the business of home improvement. (Cross‐Complaint at ¶ 5.) Wesley was engaged in a work of home improvement at 18330 Crystal Drive, Morgan Hill, California (the “Cross‐Complainants' Home”), a residential property including repairing, remodeling, altering, converting, or modernizing of, or adding to Cross‐Complainants' Home. (Id. at ¶ 6.) The work commenced in 2021. (Ibid.) During the course...

Excerpt: ...tor vehicle while crossing a street as a pedestrian in Milpitas, CA. On April 26, 2022, at trial setting conference, trial was set for January 23, 2023. The last day for trial, extended six months by emergency order, is September 23, 2023. On September 30, 2022, defendant City filed and served motion for summary judgment. Pursuant to Santa Clara County Local Rules, rule 8C, the date and time of hearing is left blank, and the clerk of court review...

Excerpt: ...ation and consumer fraud arising from injuries sustained from an unexpected engagement of the vehicle by the minor plaintiff (then age two years old) that struck and injured plaintiff Mallory Harcourt in the garage of plaintiffs' residence. On or about November 15, 2019, the action was transferred to the Superior Court of Santa Clara County. Trial is set for January 9, 2023. On October 12, 2022, plaintiffs filed the instant motion to compel furth...

Excerpt: ...as a Radiology Reading Room assistant, reporting to Becki Perkins (“Perkins”), the Radiology Manager, and Casey Carlson (“Carlson”), Director of Imaging. (See complaint, ¶¶ 10‐11.) During the summer of 2015, Plaintiff befriended another African American employee who also worked in the Radiology Department, but was told to not associate with the employee due to the appearance of favoritism. (See complaint, ¶ 12.) After this incident, ...

Excerpt: ...dants. The funds were distributed to plaintiff for plaintiff's benefit from the Treble Family Trust (“Trust”), a trust in which plaintiff is a settlor, trustee and beneficiary, and then loaned by plaintiff to defendants. The sum of $124,000 has been repaid to plaintiff, and it is alleged that a balance of principal and accrued interest of $858,365 is due and owed by defendants on the loan. On September 9, 2022, Urban filed the instant motion ...

Excerpt: ...ry vision, pain and fatigue at work, and hired a reputable engineering firm to address those issues. (Id.) Soon thereafter, SCU's behavior towards Plaintiff changed from being supportive and inclusive to marginalizing. (See FAC, ¶¶ 22‐23.) On May 23, 2018, Plaintiff was walking on campus and experienced a sharp pain in a part of her body, resulting from some contact at the time. (See FAC, ¶ 24.) Later that evening, she extracted small object...

Excerpt: ...s (“Summers”) , John Trowbridge (“Trowbridge”), Jane Green, and Old Republic Title. On February 17, 2021, plaintiffs filed the operative fourth amended complaint alleging 10 causes of action in connection with foreclosure of deeds of trust against a real property of plaintiffs (“4AC”). On September 27, 2021, the motion of defendant Knapp to compel arbitration of the action was granted. No action was taken by plaintiff to initiate arbi...

Excerpt: ...sts. On August 10, 2022, plaintiff filed the instant motion for attorney's fees and costs. On October 21, 2022, defendant filed opposition and on October 27, 2022, plaintiff filed reply. Request for judicial notice Plaintiff requests judicial notice of judgment for attorneys' fees and costs entered in a Mendocino County Superior Court action involving parties unrelated to the parties in the instant action. While the court may grant judicial notic...

Excerpt: ...anuary 19, 2021, Plaintiffs Sherry Clark and Robert Clark filed the instant action against Defendants URI and Sumner. On June 29, 2022, plaintiffs filed the Unverified First Amended Complaint for Damages (“FAC”), the operative pleading, alleging the following causes of action: 1. Strict Products Liability: Design Defect – Defendant Sumner 2. Strict Products Liability: Failure to Warn – All Defendants 3. Products Liability – All Defendan...

Excerpt: ...jian (“Tashjian”) and Dutchints Development Company LLC alleging causes of action for breach of contract, fraud, negligent misrepresentation, elder abuse, false promise, conspiracy and conversion in connection with funds loaned/transferred by plaintiffs to defendants. On July 21, 2021, a notice of settlement of the entire case was filed. On February 9, 2022, order re plaintiffs' ex parte application to enter stipulated judgment was filed and ...

Excerpt: ...g to the allegations of the complaint, plaintiff agreed to provide training, support and certification programs for defendant's MyGuide software product, and that for every contract that included a sale of MyGuide, defendant agreed to pay to plaintiff a percentage fee as set forth in the contract. On July 8, 2021, defendant filed cross complaint against plaintiff alleging a cause of action for breach of the same contract. On August 19, 2021, a st...

Excerpt: ... contain habitability defects rendering the premises unfit for human occupancy pursuant to California statutory housing and case law, and that defendants retaliated against and harassed plaintiffs in connection with the habitability defects constructively evicting plaintiffs from the premises. On August 26, 2022, defendants filed the instant motion to compel binding arbitration. On October 19, 2022, plaintiffs filed opposition. Summary of content...

Excerpt: ...g his bicycle on Stanford Avenue in Palo Alto towards a pathway in Peers Park and was unable to see a hidden, inadequately marked chain that blocked access to the pathway. (SAC at ¶ 1.) When his bicycle struck the chain, plaintiff Scrivner was ejected from his bicycle and landed on the roadway causing severe and permanent injuries. (Ibid.) The subject pathway was owned, maintained, controlled, transferred, designed, built, patrolled, funded and/...

Excerpt: ...le of family home According to the operative First Amended Complaint (“FAC”) filed on July 1, 2022, Plaintiff and Defendant were in a long term relationship that began in 2012. (FAC, ¶ 12.) The parties were never married but have a daughter together. (Id. at ¶ 16, 19.) Upon moving in together in April 2013, Plaintiff, following Defendant's instructions, closed her personal bank accounts and consolidated her assets (including her future payc...

Excerpt: ...terrogatories (“SI”) and request for production of documents, set one (“RPD”). After granting plaintiffs several extensions to provide responses, on May 6, 2022, plaintiffs served responses. However, plaintiff Valencia failed to provide responses to FI. Defendants considered the responses deficient, and additional extensions of time were granted to plaintiffs to file supplemental responses. On July 8, plaintiffs served further responses; ...

Excerpt: ...hat Referral Tree Service was a licensed contractor and does not recall asking if they were licensed because he did not know that tree trimming required a license. (See UMF 5, citing Thomas' deposition, pp.18:22‐ 25, 19:1‐6, 42:14‐ 20.) Thomas had no training or expertise in tree trimming, and had no involvement in supervising any of Referral Tree Services' workers. (See UMF 6.) Thomas pointed out which trees and branches he wanted cut and ...

Excerpt: ...¶ 2.) Plaintiffs are former employees of XPeng through its subsidiary XMotors, working as engineers. (See complaint, ¶ 21.) During the hiring process, Plaintiffs extensively negotiated their compensation, which included an equity grant in XPeng. (See complaint, ¶¶ 22‐23.) However, Defendants failed to issue the stock grants as promised. (See complaint, ¶ 24.) In November 2018, Vice Chairman and President of XPeng, Brian Gu, visited from th...

Excerpt: ...ark during the course of employment. Present motions On August 24, 2022, Sumner and plaintiffs filed joint motion for good faith settlement (line 9 of calendar), and Sumner filed a companion motion to seal joint motion for good faith settlement (line 8). On October 7, 2022, URI filed opposition, and on October 13, 2022, Sumner submitted reply. Motion for good faith settlement determination (line 9) On or about April 8, 2022, plaintiffs and Sumner...

Excerpt: ...eath of DoAnh Kim Vu (“Vu”). On September 7, 2021, plaintiffs Vu, Michelle My Vu, and Estate of DoAnh Kim Vu (collectively, “Plaintiffs”) filed the operative judicial council form complaint alleging causes of action for motor vehicle, general negligence, and intentional tort. On April 12, 2022, defendants Ride Plus, LLC (dba Provado Mobile Health) and Logisticare, LLC (erroneously sued as “Provado Mobile Health (aka Ride Plus)”) (coll...

Excerpt: ...n Campbell, California (“the Property”). (Complaint at ¶ 1.) Plaintiff is entitled to possession of a certain portion of the first floor of the Property, including, but not limited to offices otherwise designated as Rooms 106 and 107. (Id. at ¶ 2.) Plaintiff alleges defendant Ying Min Li aka Ying‐Min Li (“Li”) has attempted to occupy the Property unlawfully and is affiliated with entities named as defendants in this action. (Id. at ¶...

Excerpt: ...dental practice co‐owned with defendants pursuant to a Facilities and Services Agreement (“FSA”). On October 19, 2017, the court denied plaintiffs' application for a preliminary injunction. On January 24, 2018, pursuant to written stipulation of the parties pursuant to the FSA, the matter was ordered to mediation and arbitration. Mediation was unsuccessful in resolving the action, and the matter proceeded to arbitration. On March 15, 2021, ...

Excerpt: ...nts served a statutory offer to compromise pursuant to Code of Civil Procedure section 998 (“998 offer”). On or about December 8, 2021, the 998 offer was accepted by plaintiff and the accepted offer is the settlement of the litigation. The settlement provides that FCS reimburse plaintiff for all sums paid toward the purchase of the vehicle and satisfying the lien holder of the vehicle. The settlement provides that attorney's fees incurred by ...

Excerpt: ...y located at 546 Bird Avenue, San Jose, California with Santa Clara County Assessor's Parcel Number 284‐18‐052 (“Property”). (Complaint, ¶¶ 2, 5; Exhibit A.) Closing date of escrow was anticipated to be 30 days after receipt of city approval to build on the vacant parcel. (Complaint, ¶ 7.) Pursuant to the VLPA, Trustee agreed that San Rafael would secure city approval to build on the vacant parcel before the close of escrow. (Complaint...

Excerpt: ...155,051.72 (inclusive of mediation and discovery referee fees not listed in the summary page). On July 7, 2022, SEI filed the instant motion to strike and/or tax certain items in the memorandum of costs. On October 4, 2022, City's ex parte application for order shortening time to file opposition was granted, and on October 5, 2022, City filed opposition. SEI filed opposition to the ex parte application. While the court posts the within tentative ...

Excerpt: ...the order of the court. The order directed the parties to meet and confer to resolve the individual discovery requests at issue consistent the ruling. The order further directed counsel to file and email a joint statement providing a status and listing of remaining unresolved discovery requests. On September 20, 2022, counsel filed the joint statement providing a summary of meet and confer and discovery issues. In connection with the instant moti...

Excerpt: ...or Court of Santa Clara County and assigned the instant case number. Plaintiff subsequently filed third amended complaint and the operative fourth amended complaint, asserting a first cause of action for breach of contract, second cause of action for declaratory relief, third cause of action for breach of contract – failure to approve and pay proposed change orders and fourth cause of action for violation of prompt payment acts pursuant to Publ...

Excerpt: ...hrough Lincoln Financial Group (“Lincoln policies”), representing to Plaintiff that the new policy would result in better investments/returns, and that he would do a 1035 exchange from the John Hancock Policy to the Lincoln policies for an estimated total of $162,000. (See FAC, ¶¶ 11‐12.) Plaintiff authorized a medical evaluation and release of certain medical information relating to the Lincoln policies but decided to not proceed with th...

Excerpt: ...nts 1‐30. In a subsequent filing, Dana amended the complaint to add Kristin Nicole King, the Deforest Building Condominium Owners Association, and the Deforest Residential Condominium Owners Association as Does 2, 3, and 4, respectively. On June 28, 2022, Defendant Kristin Nicole King (“Kristin”) concurrently filed a demurer to both causes of action and a motion to strike the complaint of punitive damages. Dana filed an Opposition on Septem...

Excerpt: ...rks, Inc. (“FNI”). (See complaint, ¶¶ 14‐15.) Plaintiff performed his job duties satisfactorily but his supervisor assigned him twice the number of projects as other employees who were not of Asian descent, despite his requests to reduce his workload to those of other co‐workers. (See complaint, ¶¶ 17‐18.) Plaintiff's supervisor complained that the prior project manager, who spoke Russian, was incompetent, and did not speak negative...

Excerpt: ...plaintiff”). Present motions On July 15, 2022, Vanni defendants filed motion for attorneys' fees (line 7 of calendar). On July 20, 2022, plaintiff filed opposition, entitled in pertinent part, “motion to deny Defendant counsel motion for legal fees…” On September 27, 2022, Vanni defendants filed reply. On July 15, 2022, MHVOA filed motion for attorneys' fees (line 8). On August 3, 2022, plaintiff filed opposition entitled in pertinent par...

Excerpt: ...ent Services (“SUTS”). (FAC at ¶ 1.) The Memorandum of Understanding (“MOU”) between the County and Union of American Physicians and Dentists (“UAPD”) is a collective bargaining agreement amended every few years, with current effective dates from 10‐19‐20 to 10‐29‐23. (FAC at ¶ 5.) The MOU is a legally binding contract with terms and conditions of employment at one clinic for P28 Senior Staff Physicians II and other physicia...

Excerpt: ...he United States. (Complaint at ¶ 10.) Plaintiff Central Pacific District (“Central Pacific District”) is the ecclesiastical body of the C&MA which has authority over approximately 90 individual churches in Northern California, Nevada, Utah, Hawaii and Guam. (Complaint at ¶ 11.) Defendant Vertical Church of the C&MA (“Vertical Church”) is a subordinate church of the C&MA located in the Willow Glen area of San Jose. (Id. at ¶¶ 1, 14‐...

Excerpt: ...f defendant McAfee Farms LLC (“MF”). (See SAC, ¶ 5.) Defendant Eric McAfee (“Eric”) is a member of MF. (See SAC, ¶ 6.) Defendants MF, Lapsley Farms LLC (“Lapsley”), and Lutz Farms LLC (“LF”) are the managing member of defendant Double L Ranches, LLC (“DLR”). (See SAC, ¶¶ 4, 13, 14, 19.) Defendant Mark McAfee (“Mark”) is a managing member of MF. (See SAC, ¶ 13.) Defendant Aaron McAfee (“Aaron”) is a managing member...

Excerpt: ...ardi”) was the general contractor retained to construct, design and develop the hotel rooms at Palmetto. (See TAC, ¶ 12.) While staying at the hotel, after taking a shower, Plaintiff slid the tempered glass shower door when it suddenly exploded, shattering over Plaintiff's body, causing Plaintiff to fall to the ground and to sustain multiple lacerations and cuts to her wrists, hands, fingers, legs and feet. (See TAC, ¶ 26.) Plaintiff necessit...

Excerpt: ...nd any pleading at any time, even after commencement of trial. Code of Civil Procedure sections 474 and 576. See Hong Sang Market, Inc. v. Peng (2018) 20 Cal.5th 473. Courts are generally liberal in permitting amendments, as long as the statute of limitations has not expired, and the opposing party will not be prejudiced by the amendment, such as a delay in the trial of the case, loss of critical evidence, or added costs of trial preparation. Har...

Excerpt: ...id Kristian Andresen as defendant (“defendant”). According to the allegations of the FAC, plaintiff suffered serious personal injuries from an auto accident on July 18, 2018 caused by David Kristian Andresen (“decedent”) running a red light and colliding into plaintiff's auto. Plaintiff alleges that plaintiff immediately felt pain in her collarbone, neck, back, chest, forearm, wrist, and ankles. Plaintiff further alleges that she is infor...

Excerpt: ...defendant filed the operative second amended cross‐complaint (“SAXC”) against plaintiff. A separate action for a restraining order was filed by plaintiff against defendant, and a restraining order was issued and continues in effect in which plaintiff is the protected party and defendant is the restrained party. The gravamen of the litigation is an alleged, contested agreement between the parties to share income and assets, representations m...

Excerpt: ... and costs. On July 21, 2022, plaintiff filed the instant motion for payment of attorney's fees and reimbursement of costs and expenses. On September 14, 2022, defendant filed opposition and on September 19, 2022, plaintiff filed reply. Analysis and findings Lodestar figure In determining reasonable attorneys' fees, the court determines the lodestar figure which is the number of hours reasonably expended multiplied by the reasonable hourly rate f...

Excerpt: ...om the dinner table and proceeded to the restroom. (Ibid.) As he got up from the table, he slipped and fell striking his head and his entire left side on the floor. (Ibid.) Unbeknownst to him, there was a napkin on the floor and, when he stepped on it, it caused him to slip and fall. (Ibid.) The restaurant lights were dimmed and Plaintiff did not see the napkin before he fell. (Ibid.) Plaintiff alleges defendant BJR failed to maintain a safe prem...

Excerpt: ...SJPD”) sold personal property to Plaintiff, which Plaintiff contends was wrongful entrapment. (See FAC, ¶ 12.) Detective Isaac Miramontes, subsequently obtained a search warrant on February 28, 2020 based on his affidavit which Plaintiff contends falsely alleges that Plaintiff had been involved in a prior case of possession of stolen property and that Plaintiff's employee knew that the goods that Detective Martinez sold to Plaintiff were stole...

Excerpt: ...y services, and worked as a psychological assistant supervised by Toren, a psychologist. According to the allegations in the complaint, Doubson sent insulting, disparaging and harassing emails to Kozlova, Kozlova's spouse, Chris Grzeszczak (“Grzeszczak”), and Toren; wrote harassing letters to Kozlova's former attorney; posted disturbing and defamatory reviews on Yelp and Google; filed small claims actions against Kozlova, Grzesczak, and Toren...

Excerpt: ... Ford nor Crown are signatory parties to the RISC. The RISC contains a provision for arbitration of any and all claims and disputes pursuant to the Federal Arbitration Act (“FAA”). On April 29, 2022, plaintiffs filed complaint against Ford and Crown (“defendants”), alleging against Ford causes of action for violation of the Song‐Beverley Consumer Warranty Act, Civil Code sections 1790 et seq. (“Song‐Beverly Act”). Specifically the...

Excerpt: ...ed, and/or labeled ankle monitor. (FAC at Prod. L‐1.) The ankle monitor was sold and distributed in commerce by the State of California Department of Corrections and Rehabilitation (“CDCR”), Satellite Tracking of People LLC, Securus Technologies, and Securus Technologies Inc. (collectively, “Defendants”). (Ibid.) Plaintiff alleges Defendants were negligent in the selection, use, and monitoring of the ankle monitor which caused him injur...

Excerpt: ... Plaintiff received various warranties including the 6.4 liter PowerStroke Diesel Engine Warranty which covers the engine and engine components, as well an emissions warranty for eight years or 80,000 miles. (Id. at ¶ 9.) During the warranty period, the Vehicle contained or developed defects, including but not limited to, defects related to the engine; defects related to the exhaust and emissions system, including the exhaust gas recirculation t...

Excerpt: ... for reconsideration of order filed June 29, 2022 sustaining separate demurrers of defendants City of Campbell (“City”), Julius Nyanda (“Nyanda”) and Mark Robson (“Robson”) to plaintiff's first amended complaint (“FAC”) without leave to amend. The motion is filed June 24, 2022 and amended motion for reconsideration filed August 2, 2022 (collectively “MFR1”). (b) Motion for reconsideration of order filed July 20, 2022 sustainin...

Excerpt: ...ach of covenant of good faith and fair dealing, for violation of Labor Code section 201(a), and for violation of Labor Code section 210 (a)(2). On July 8, 2022, defendant filed the instant motion to compel arbitration and stay litigation. On July 18, 2022, plaintiff filed opposition, and on September 6, 2022, defendant filed reply. Summary of contentions Defendant requests that plaintiff and the claims alleged in the SAC be ordered to arbitration...

Excerpt: ...GA”) forwarded a Letter of Intent to RCA agreeing to purchase and repair the subject property. (See FAXC, ¶ 11, exh. A.) Plaintiff and cross‐ defendant Richard Kwok (“Kwok”) and his wife, cross‐defendant Hien Am Nguyen (“Nguyen”) also contacted IGA regarding investing in the subject property. (See FAXC, ¶ 12.) RCA, IGA, Kwok and Nguyen then discussed a potential joint venture and on August 13, 2016, defendant Jeanie Russell (“Ru...

Excerpt: .... On May 18, 2022, plaintiff served form interrogatories Set 4, requests for admissions set 4, and special interrogatories set 5 on defendant EQR and form interrogatories set 4, requests for admission set 4 and special interrogatories set 6 on defendant Equity. Responses to the discovery were due from each defendant on June 22, 2022. Responses were not served on the due date. On July 14, 2022, plaintiff filed the instant motion to compel response...

Excerpt: ...game with his girlfriend Alma Alicia Castro and friends Erica Neraida Castro and Joel Olvera Rodriguez. (See UMF 8.) Prior to the subject incident, there were no known interactions between the two groups. (See UMF 11.) After watching the game, Decedent walked back to Martin's car through Red Lot 1 and kicked a bottle that was lying on the ground which struck the side of Gonazlez's vehicle. (See UMFs 13‐15.) Gonzales immediately confronted Deced...

Excerpt: ...[Negligent Misrepresentation].) After Plaintiff completed his shopping and put his bags in his vehicle, he was stopped by Mary Cayori (“Cayori”) from the City's police department. (Id. at p. 2.) She detained Plaintiff to determine if he had placed stolen items in his shopping bags. (Ibid.) Plaintiff responded he had a valid receipt for everything and encouraged the officer to review the store's video footage to confirm. (Id. at pp. 2 ‐3.) F...

Excerpt: ...twinds”), in San Jose, California, pursuant to four written ground leases with the master landlord and defendant, The Nicholson Family Partnership (“TNFP”). (FAC at ¶¶ 1, 7.) Westwinds provides affordable, rent‐controlled homes to over 1,600 residents (or “subtenants”), including numerous families with children and residents over 65 years of age, pursuant to their subleases with MHC. (Id. at ¶ 1.) Plaintiff Stacey Winkelmann (“Wi...

Excerpt: ... Michael Weinstock, Marissa Weinstock, and the Weinstock Family Trust in the Spokane County Superior Court in the State of Washington. (Complaint at ¶¶ 5, 34.) The caption of the case was Developers Surety and Indemnity Company v. W&S Investments, Inc., Action Number 13‐2‐03051‐3. (Ibid.) On October 14, 2014, Developers obtained a sister‐state judgment in the Santa Clara County Superior Court (case no. 2014‐1‐ CV‐271852). (Complai...

Excerpt: ... 1.) Thereafter, defendants Nancy Kim and her brother, defendant Timothy Kim, occupied the Subject Property. (Complaint, ¶9.) On or about August 15, 2018, plaintiff Park and defendant Nancy Kim agreed to extend the lease term for an additional six months. (Complaint, ¶10.) Defendant Nancy Kim gave her brother, Timothy Kim, power of attorney to enter into a written lease extension. (Id.) The rent increased to $3,750 per month and the lease expir...

Excerpt: ...proceeding on the same subject. The arbitration also included claims brought by defendant against plaintiff and a third party, who was not a party to the arbitration agreement. The claims of defendant asserted in the arbitration are substantively similar to the claims asserted in the proposed cross complaint which defendant seeks leave to file. On July 21, 2021, plaintiff filed the operative first amended complaint (“FAC”) asserting causes of...

Excerpt: ...) resides in Santa Cruz County and also works for the Santa Clara County Fire Department. (See FAC, ¶ 10.) Vergona has not received the COVID‐19 vaccine. (Id.) Plaintiff Santa Clara County Firefighters 4 Freedom (“SCCF4F”) is an unincorporated association that advocates for civil rights issues, bodily autonomy, medical freedom and other rights, formed specifically to advocate for firefighters in Santa Clara County during the COVID‐19 pan...

Excerpt: ...ly, “Plaintiffs”) filed the form FAC against Defendant, asserting causes of action for negligence, premises liability and loss of consortium. On February 2, 2021, Defendant filed its answer to the FAC, asserting 24 affirmative defenses including the eighth affirmative defense of release of liability. Plaintiffs move for summary adjudication of the eighth affirmative defense. Defendant moves for judgment on the pleadings. I. PLAINTIFF'S MOTION...

Excerpt: ...(collectively, “F&S” or “Company”) are a consultancy that provides its employees with meaningful growth opportunities and career paths. (SAC at ¶ 19.) Defendants Wyman Bravard (“Bravard”) and David Frigstad (“Frigstad”) are Shareholders, Directors, and Officers of the Company. (Id. at ¶¶ 12‐13.) For approximately 40 years, and while acting as principal shareholders at F&S, Frigstad worked in the role of the visionary/strategi...

Excerpt: ... injured as a result of the accident. (See complaint, ¶ 15.) The complaint alleges that at the time of the incident, Morris was acting in the court and scope of his employment with defendant McCarthy Building Companies, Inc. (“McCarthy”). On January 14, 2019, Plaintiff filed a complaint against the State of California Department of Transportation (“Caltrans”), Morris and McCarthy (collectively “Defendants”), asserting causes of actio...

Excerpt: ...ent Rental Co., LLC (Sunstate”) filed the instant motion for protective order to prohibit plaintiff from obtaining certain discovery pursuant to subpoena which Sunstate identifies as items 1 through 4 in the motion (“request for protective orders”). The court will not restate the items here in the interest of brevity. Following consideration of the authority, evidence and argument of counsel in the papers filed in support, opposition and re...

Excerpt: ...‐solicitation and non‐ competition agreements, in February 2008, Taresh and Amar agreed to form the company but have all shares issued in their wives names, Swapnil Anand (“Swapnil”) and Taproop Virk (“Taproop”), respectively. Taproop paid $35,000 and Amar began working for defendant Anjaneyap, Inc. (“AI”) for a 49% interest in AI. In March 2009, Amar realized that they did not have any paperwork demonstrating the interest in AI, ...

Excerpt: ...relief. The matter proceeded to court trial on March 16, 2021, the Hon. Joseph Huber, presiding. A tentative decision was filed, followed by statement of decision which was adopted, and judgment was entered on September 13, 2021 in favor of plaintiffs and against defendant. The judgment included an award of plaintiffs' costs, according to proof. On March 4, 2022, order was entered awarding plaintiffs attorneys' fees of 144,946 against defendant. ...

Excerpt: ...order of January 17, 2020. On May 16, 2022, defendant demanded that the parties arbitrate the dispute pursuant to a provision for arbitration contained in a document “General Terms and Conditions of Sale” (“arbitration provision”) which defendant asserts was agreed to by plaintiff and defendant. Defendant demanded plaintiff stipulate to arbitration of plaintiff's claims asserted in the complaint, and plaintiff declined. On May 19, 2022, d...

Excerpt: ...ilure to protect passenger from assault. On May 24, 2022, Uber filed the instant motion to require non‐resident plaintiff to file an undertaking pursuant to Code of Civil Procedure section 1030. On August 5, 2022, plaintiff filed opposition and on August 11, 2022, Uber filed reply. Summary of contentions Uber asserts that plaintiff is a non‐resident of California and requests an order requiring plaintiff to file an undertaking for Uber's esti...

Excerpt: ...��Micro Bio”) whereby BV Canada purchased the worldwide rights to proprietary technology related to compost and biogas machinery relating to anaerobic digestion of organic waste material. (See complaint, ¶ 11.) In June 2013, Whole Foods agreed to demo a BV digester at Whole Foods' Campbell store, and after a successful demonstration and proof of concept, Whole Foods notified BV USA and BV Canada that it intended to purchase a digester unit for...

Excerpt: ...he negligent driving of a vehicle which hit decedent‐pedestrian causing decedent's death. The plaintiffs were not involved in or present at the collision that caused the death of the decedent. Two of the plaintiffs are adults. The three plaintiffs are represented by the same attorney, and plaintiffs settled their claims at mediation. On June 16, 2022, the guardian ad litem for the minor filed the instant petition for approval of compromise of c...

Excerpt: ...uary 9, 2016, La Encina and Group One entered into an agreement in which Group One would perform certain construction work on La Encina's property in exchange for $3,900,000. (See La Encina cross‐complaint, ¶¶ 10‐11.) Group One breached the contract, failing to pay subcontractors, suppliers and laborers within 7 days after receipt of payment from La Encina, failing to hold payments received from La Encina for the benefit of subcontractors, ...

Excerpt: ...otions to strike demurrers filed July 22, 2022, and will not restated in its entirety here in the interest of brevity. Current motion On September 29, 2020, plaintiff filed the operative first amended complaint (“FAC”) in this action alleging 11 causes of action against defendants Bradford Baugh (“Baugh”), Thomas Kenefick and Jeanne Schmidt (“Schmidt”). On November 19, 2020, Baugh filed a special motion to strike the FAC. On November ...

Excerpt: ... husband of Plaintiff, obtained a temporary domestic violence restraining order (“TRO”) against Plaintiff, and Plaintiff was arrested and criminally prosecuted and convicted for her violation of that TRO. (See FAC, ¶¶ 10‐11.) Defendant filed for divorce in 2009, and later obtained child and spousal support, which was subsequently enforced through the Department of Child Support Services (“DCSS”). (See FAC, ¶ 5.) In February 2017, Pla...

Excerpt: ... entry of dismissal with prejudice, and on March 25, 2022, notice of entry of judgment served on the parties. On March 25, 2022, order was filed granting defendants' motion to expunge lis pendens and ordering plaintiffs to pay attorneys' fees to defendants in the amount of $25,364. On June 3, 2022, notice of entry of order was filed of order denying plaintiffs' motion for new trial, reconsideration, or relief pursuant to Code of Civil Procedure s...

Excerpt: ...ooding event that went undetected and unmitigated through the evening and the morning of June 3, 2018, causing damage to the premises of which Plaintiff was the tenant. (See complaint, ¶¶ 15‐16.) On May 31, 2019, Plaintiff filed a complaint against TPx for property damages and business interruption. On March 25, 2022, TPx filed a form cross‐ complaint (“XC”) against cross‐defendant Honeywell International Inc. (“Honeywell”), asser...