Excerpt: ... 9, 2020. On November 9, 2021, plaintiff filed the instant motion to disqualify Sheppard, Mullin, Richter & Hampton (“SMRH”) as attorneys for defendant, strike answer of defendant, and for sanctions. On February 3, 2022, defendant filed opposition, and on February 8, 2022, plaintiff filed reply. Summary of contentions Plaintiff asserts that SMRH represents VMware in another, unrelated lawsuit, Awadallah v. VMware, Inc., filed with the Santa C...

Excerpt: ...2, 2021, defendant filed the instant motion to vacate judgment. On February 3, 2022, plaintiff filed opposition. No reply is on file. Analysis The case involves entry of default of defendant and judgment on the default which is sought to be vacated by defendant. Under these circumstances, subdivision (b) of Code of Civil Procedure section 473 authorizes relief from default if the moving, defaulting party shows that the default was taken through t...

Excerpt: ...n for breach of promissory note, breach of contract and fraud. The action arises out of a loan from plaintiff to WRP for improvement of a real property in Mountain View, CA, a contract related to the project and representations of defendants made to plaintiffs related to the project and the experience and financial condition of WRP. Apparently, the project was not completed, the subject property went into foreclosure, and the loan was not repaid....

Excerpt: ...a Clara County Superior Court case no. 20CV370960 against plaintiff for equitable relief of set aside of the August 4, 2017 (“separate action”). Pursuant to an unsuccessful special motion to strike of First National Bank, Dong was awarded attorneys' fees of $2,200 against First National Bank (“attorneys' fee award”). The separate action is pending. Present motion and summary of contentions On November 19, 2021, plaintiff filed the instant...

Excerpt: ...nts, including Doe Defendants, is responsible for the alleged occurrences. (See complaint, ¶ 6.) Shortly after moving in, Plaintiff was harassed by his neighbors and was bothered by door slamming. (See complaint, ¶ 10.) On October 9, 2020, Plaintiff submitted a form request for reasonable accommodations requesting to be moved to another unit in the building as a reasonable accommodation of his disability. (See complaint, ¶ 11.) Defendants fail...

Excerpt: ...to timely and fully pay Group One $3.9 million plus Change Orders in exchange for Group One's performance of the contract. (Id.) The contract was signed by cross‐defendants Jen Hao Richard Chen (“Chen”), Sheena Chang (“Chang”) and Chung Yeh (“Yeh”) as owners of La Encina. (See SAXC, ¶ 18.) Prior to entering the contract, Foust questioned Chen, Chang and Yeh about La Encina's ability to pay for Group One's services under the contrac...

Excerpt: ...ardi”) was the general contractor retained to construct, design and develop the hotel rooms at Palmetto. (See FAC, ¶ 11.) 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 FAC, ¶ 24.) Plaintiff necessit...

Excerpt: ...m referred to only a circumcision; however, Wherry proceeded to perform a partial penectomy on Bobby Joe. (See complaint, ¶ 6.) On July 23, 2021, plaintiffs Bobby Joe and Lorraine Smith (collectively, “Plaintiffs”) filed a complaint against Defendants, asserting causes of action for: 1) Medical negligence; 2) Medical battery; 3) Elder abuse; 4) Violation of the Consumer Legal Remedies Act; and, 5) Loss of consortium. Defendants demur to the ...

Excerpt: ...alt”), a California corporation. (TAC at ¶ 12.) Tigadi left the company in 2010 and his shares were distributed equally between Sahai and Bilugu. (Ibid.) In December 2012, Sahai and Bilugu created a shell entity, eGestalt Technologies, a Delaware corporation (“eGestalt‐Del”). (TAC at ¶ 13.) In March 2015, the eGestalt‐Del was renamed Aegify, Inc. (“Aegify”). (TAC at ¶ 15.) On February 1, 2010, Aegify made an offer of employment t...

Excerpt: ... defendant Silicon Valley Academy Project [sued herein as Silicon Valley Academy and Silicon Valley Academy Project (SVA Project)] (“SVAP”). According to the operative second amended complaint (“SAC”), on May 11, 2018, a student hit plaintiff Azzam, a minor, on the head with a shovel on the premises of defendant SVAP during school hours. (See SAC at BC‐2, GN‐1.) The alleged student had a history of violent behavior and had access to d...

Excerpt: ... Office products, including licenses to Microsoft Office 365 (“Office 365”). (Ibid.) Defendant Synnex Corporation (“Synnex”) is an IT distribution and customer care outsourced services provider. (FAC at ¶ 15.) Synnex is the largest and most cost‐effective distributor of Office 365 for small businesses like MCS, and is Microsoft's preferred distributor of Office 365. (Ibid.) In early 2016, MCS and Synnex entered into an agreement, which...

Excerpt: ...itten discovery and depositions of parties and witnesses, including experts. Trial was initially set on April 13, 2020, but was vacated due to COVID‐19 pandemic emergency orders. Trial was then set on November 1, 2021, but vacated by order of the court on September 24, 2021 pursuant to ex parte application for order shortening time to hear the instant motion and companion motion for leave to amend expert witness disclosure. A further case manag...

Excerpt: ...e a 40% ownership interest in Crossland in exchange for $4,000.000, and Heng Huang (“Huang”) would receive a 2% ownership interest in exchange for a capital contribution of $200,000. (See complaint, ¶ 5.) The shareholder agreement provided that each Crossland shareholder would make respective capital contributions in installments in September 2018, October 2018, March 2019 and March 2020, and that Crossland's Board of Directors would be comp...

Excerpt: ...judgment issued and was recorded with the Santa Clara County Recorder's Office (“SCC Recorder's Office”). Defendants unsuccessfully appealed the summary judgment, and on July 10, 2014, a second abstract of judgment (“2014 abstract”) was issued and recorded on July 24, 2014 with the SCC Recorder's Office. On August 23, 2021, plaintiff‐judgment creditor filed application for and renewal of judgment. On August 30, 2021, judgment creditor d...

Excerpt: ...�Kyles defendants”) owned all of the shares of plaintiff Recycling Specialists, Inc. (“RS Inc.”). (See complaint, ¶ 9.) Plaintiff Recycling Specialists, LLC (“RS LLC”) and the Kyles defendants discussed the sale of RS Inc. and RS LLC reviewed the operations and financial information provided by the Kyles defendants and their accountant, defendant Johansen & Yau Accountancy Corp. (“J&Y”). (Id.) Specifically, the Kyles defendants inf...

Excerpt: ...mother and son, jointly own real property located at 2145 Chona Court in San Jose, California (“Ascarie Property”). (See FAC at ¶ 8.) Plaintiff Shayon was married to Jeanna Ascarie2 (“Jeanna”) but the two are currently involved in a dissolution proceeding in Santa Clara County. (Id. at ¶ 7.) On May 16, 2019, an action was filed in Santa Clara County in connection with the Ascarie Property involving an easement dispute (the “Easement A...

Excerpt: ...laron and Glorino Fularon (collectively, “Cross‐Complainants”) and cross‐defendants Maribel Ramirez, Catalina Dizon, and Antonio Dizon (collectively, “Plaintiffs” or “Cross‐Defendants”) entered into a Joint Venture and oral agreement to purchase the Subject Property. (Cross‐Complaint at ¶¶ 18‐20.) Under the agreement, the parties would contribute towards the down payment for purchase of the Subject Property. (Id. at ¶ 21....

Excerpt: ...s disputed in the instant motion whether Anthony is a beneficiary or is disinherited. On October 26, 2020, plaintiffs Angelo and Anthony (collectively “plaintiffs”) filed complaint against defendant Michael Agustine in connection with the fifth amendment, alleging causes of action for financial elder abuse, intentional interference with expected inheritance, fraud, unjust enrichment, constructive trust, damages and attorney's fees pursuant to...

Excerpt: ...Colkitt, Lore Flickinger and Joanne Russell (“defendants”). The complaint alleges four causes of action for elder abuse and neglect, violation of patient rights, negligence and wrongful death. On September 16, 2021, Valley House filed the instant motion to compel arbitration and stay proceedings. On December 29, 2021, plaintiffs filed opposition, and on January 6, 2021, Valley House filed reply. Valley House is a skilled nursing facility. On ...

Excerpt: ...greement with Defendants where the parties would each contribute 50% of the cost to co‐purchase and co‐own 38 vehicles costing $262,286.00 at auction and then resell them at a profit on a weekly basis. (See SAC, ¶¶ 1, 9.) The profits would be divided each week equally between Plaintiff and Defendants, with each taking the profit or rolling it over into the sales the following week. (See SAC, ¶ 9, subpara. C.) Pending their sale, the subjec...

Excerpt: ...r than dismissing it without prejudice.” On May 6, 2021, the Court of Appeal, Sixth Appellate District issued ruling finding that it had no jurisdiction over the appeal, dismissing the appeal on that basis and ordering that “(T)he parties shall bear their own costs.” On August 12, 2021, defendants submitted for filing the instant motion for attorneys' fees and costs. Filing was rejected by the clerk of court, and the court granted defendant...

Excerpt: ...se for $182,000. (See SAC, ¶ 8.) While SKW Capital contracted for the services with EAD, the subject property which benefitted from the services was held in the name of defendant SKW San Jose LLC (“SKW San Jose”). (See SAC, ¶ 9.) SKW San Jose would later make all payments to EAD for services rendered at the subject property and SKW San Jose, SJW Capital and defendant SKW One, LLC (“SKW One”) are the alter ego entities of defendant Sid W...

Excerpt: ...s is a member. Sommers died during the pendency of the action, and no successor in interest has appeared in the action. No opposition is filed by plaintiffs. Request for judicial notice Defendants' request for judicial notice of plaintiffs' complaint filed in this action (Exhibit 1), defendants' motion for terminating and monetary sanctions for plaintiffs' refusal to comply with discovery orders (Exhibit 2), and judgment filed in this action on J...

Excerpt: ...ure, Huan amputated a large part of Luke's penis, failed to mitigate the injury, failed to preserve the amputated tissue in a timely manner, and failed to make a timely effort to arrange for reattachment of the tissue, thereby causing injury and requiring additional surgery to reattach the amputated tissue. (See FAC, ¶¶ 20, 21, 25‐26.) Luke is still recovering from that surgery and may require further surgeries in the future. (See FAC, ¶ 25....

Excerpt: ...o a written contract with defendant Eyedetec Medical, Inc. (“Eyedetec”) and its president and chief executive officer, Barry Linder (collectively, “Defendants”). (FAC at ¶¶ 2‐3, 7.) The agreement was for the design and development of a console control system for an electronic medical device called EyeGiene Lipid Mobilizer System, intended for the treatment of eye disorders. (Id. at ¶ 7.) In December 2018, plaintiff EMS entered into a...