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: ...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: ...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: ...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: ...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: ...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: ...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...