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: ...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: ...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: ...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: ...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: ...), 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: ...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: ... 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: ...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...

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: ...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: ...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: ...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: ...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: ...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: ...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, ...