Excerpt: ...ndant. BASM and Payroll remain as defendants in the operative second amended complaint, and are referred to collectively in this tentative ruling as “defendants”. On November 22, 2021, defendants filed the instant motion to compel further testimony and production of documents by plaintiff's Person Most Qualified (“PMQ”), and ex parte application for order shortening time for hearing was granted. On December 10, 2021, plaintiff filed oppos...

Excerpt: ...craft initially had difficulty starting its left engine, but after deplaning the passengers twice, Hijazi and Does 1‐20 were able to start the engine. (See complaint, ¶ 14.) Although Hijazi and Does 1‐20 were given IFR instructions multiple times by the air traffic/ground controllers at RAL, Hijazi and Does 1‐20 were confused and disoriented by the communications, requiring progressive tax instructions to reach the active runway. (See comp...

Excerpt: ...aranteed the tenant's performance of its obligations under the lease to the premises, including the payment of rent. According to plaintiff, tenant continued in possession of the premises, and vacated the premises in late April 2021. From the date of filing of plaintiff's complaint to the date the tenant vacated the premises, plaintiff contends that tenant continued to fail to pay all rent when due, increasing the amount of damages to plaintiff. ...

Excerpt: ...filed complaint against defendant alleging causes of action for violations of the California Fair Employment and Housing Act (“FEHA”) for disability discrimination, failure to engage in the interactive process, failure to provide reasonable accommodations, and retaliation. The complaint includes an allegation that “As a direct and proximate result of the unlawful actions committed by defendant as described herein, Plaintiff has suffered and...

Excerpt: ...le to reach a resolution. On December 5, 2019, plaintiff filed complaint against defendant in this action, alleging violations of the Song‐Beverly Act (“Song‐Beverly”). On February 13, 2020, defendant served an offer to compromise pursuant to Code of Civil Procedure section 998 (“first 998 offer”) in the amount of $66,500 which was not accepted by plaintiffs and expired. On January 5, 2021, defendant served a second offer to compromis...

Excerpt: ...fendant's counsel acknowledged that plaintiff had filed and served a companion motion for relief from waiver of objections in connection with defendant's discovery requests. The court was not aware of the filing, and therefore, hearing on defendant's motions on the discovery requests were continued to the instant hearing, and deemed submitted on the continued hearing date, in order to consider defendant's companion motion. Following consideration...

Excerpt: ...mance, and declaratory and injunctive relief in connection with a written contract for the purchase of shares/membership units (“shares”) in 5150 ECR Group LLC (“ECR Group” and “purchase agreement”). On March 25, 2021, a written settlement agreement was signed by plaintiff and defendant resolving the lawsuit between plaintiff and defendant only (“settlement agreement”). The settlement agreement provides for payments from defendant...

Excerpt: ...Plaintiff Youlin Wang (“Wang”) owns 100% of Magnolia and resides in China. (Id. at ¶ 2.) Guohua “Greg” Xiong (“Xiong”), Wang's brother‐in‐law, is an authorized agent for Magnolia and Wang (collectively, “Plaintiffs”). (Id. at ¶¶ 13‐14.) Plaintiff Wang developed two new single family residences in Palo Alto, California, located at 3878 Magnolia Drive and 3880 Magnolia Drive. (FAC at ¶ 15.) Plaintiff Wang subsequently tran...

Excerpt: ...nd 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 motions of plaintiff. A further case management conference is set on February 8, 2022. Current motions On Augus...

Excerpt: ...ceived a complaint of harassment and bullying from a Muslim Pakistani subordinate of his by a Sikh Indian supervisor of Micron. On April 18, 2018, plaintiff forwarded his subordinate's complaint to plaintiff's supervisor, Prakash Jayapal, a Sikh Indian, for investigation. On the next day, April 19, 2018, plaintiff's subordinate informed plaintiff that Micron had reprimanded the harassing and bullying employee, and that, in turn, the harassing and...

Excerpt: ...Raymond Handley 1992 Trust (the “Trust”). (Complaint at ¶ 1.) The Trust held a 43.12325% interest in the limited partnership known as the Renault & Handley Oakmead Solar Joint Venture Limited Partnership (the “Partnership”). (Ibid.) The Partnership has its principal place of business in Palo Alto, California. (Id. at ¶ 3.) The Handley Management Corporation (“HMC” or the “General Partner”) is the general partner of the Partnersh...

Excerpt: ...May 31, 2019, plaintiff filed complaint against defendant alleging a single cause of action for negligence. On October 15, 2019, plaintiff served defendant with form interrogatories, set one; special interrogatories, set one; and request for production of documents, sets one. On December 4, 2019, defendant served responses to the discovery requests. On September 11, 2020, defendant served an amended response to the request for production of docum...

Excerpt: ...ct; (4) Breach of Fiduciary Duty; and (5) Conversion. According to the allegations of the complaint, in 2016, plaintiff Calisi retained defendant Dunham Associates CPAs, Inc. (“Dunham CPA”) to perform bookkeeping and tax services for both plaintiff individually, and Odeum. Defendants Dunham CPA and Rick D. Dunham (“Dunham”) (collectively, “Defendants”) agreed to perform bookkeeping and accounting services for the fiscal years 2016, 20...

Excerpt: ...ts on the hallway floor. As a result, plaintiff sustained injuries to his back, knees, and shoulder. On June 18, 2018 defendant Milpitas Mills Limited Partnership served plaintiff with form interrogatories, special interrogatories and request for production of documents. Plaintiff failed to serve timely responses to the discovery requests. On October 17, 2018, defendant Milpitas Mills Limited Partnership filed motion to compel further responses f...

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: ... Plaintiff has owned and resided in with his family since 1990. (Ibid.) Plaintiff allegedly signed a Promissory Note for a Home Equity Line of Credit in the amount of $40,500 (“Note”) where he was the trustor and First Magnus Financial Corporation (“First Magnus”) was the original beneficiary. (Complaint at ¶ 6.) In connection with the Note, Plaintiff signed a Deed of Trust secured by the Property and recorded on September 8, 2006 to the...

Excerpt: ...ubpoena for business records. The subpoena seeks production of cell phone records for a phone used by plaintiff over a period of hours on the day of the incident which is the subject of the lawsuit. Sprint has refused to produce the records, unless it receives customer authorization or is ordered by the court pursuant to provisions of the Public Utilities Code. The customer of Sprint for the cell phone number is a non‐party, and the papers in s...

Excerpt: ...ctured and/or distributed by defendant GM. (Complaint at ¶ 8.) In connection with the purchase, Plaintiffs received various warranties including, but not limited to, a 3‐year/36,000‐mile express bumper to bumper warranty, a 5‐year/100,000 mile express powertrain warranty which covers the engine and transmission. (Complaint at ¶ 9.) The warranty provided, in relevant part, that in the event a defect developed with the subject Vehicle durin...

Excerpt: ...and Elaine Gallun, individually and as trustee of the Gallun 2002 Revocable Trust (collectively, “Defendants”), to drive across the corner of the property to be purchased at 19605 Redberry Drive in Los Gatos (“Oswalt property”), in exchange for the owners of the Oswalt property were allowed to trim trees on the Gallun property so that no trees blocked the city view from the first story of the existing ranchstyle home on the Oswalt propert...

Excerpt: ...de, in exchange for payment, materials testing and inspection services to support BWI's construction of levees for the Lower Berryessa Creek Flood Protection Project (“Project”) for the Santa Clara Valley District (“District”). (Complaint at ¶ 4, Ex. A.) Under the Agreement, Twining provided materials testing and inspection services. (Complaint at ¶ 6.) Among other things, Twining performed laboratory tests to determine whether soil mat...

Excerpt: ... Timothy Manderson (“Timothy”), driving a vehicle owned by his parents, defendants Michelle and Barry Manderson, crashed into Dickson and O'Neill, while driving under the influence. (See UMFs 4, 7‐8.) Both Dickson and O'Neill (collectively, “Plaintiffs”) suffered extensive injuries requiring multiple surgeries, weeks of hospitalization and therapy and months of confinement to a wheelchair. (See Pl.'s separate statement of additional mat...

Excerpt: ... alleges nine causes of action arising from plaintiff's membership interest in Rosemead, limited partner interest in Monument 3, Realty 7, Monument 3, Realty 8, Willowbend Apartments and Willowbend Hwang, and alleged breach of fiduciary and statutory duties owed to plaintiff, and violations of the Corporations Code. The complaint seeks compensatory damages, punitive damages, accounting, declaratory relief and attorney fees. Motion to quash subpoe...

Excerpt: ... alleges nine causes of action arising from plaintiff's membership interest in Rosemead, limited partner interest in Monument 3, Realty 7, Monument 3, Realty 8, Willowbend Apartments and Willowbend Hwang, and alleged breach of fiduciary and statutory duties owed to plaintiff, and violations of the Corporations Code. The complaint seeks compensatory damages, punitive damages, accounting, declaratory relief and attorney fees. On August 13, 2021 pla...

Excerpt: ... complaint (“FAC”) to add three causes of action. The three causes of action arise from two incidents, each separate from the subject incident that occurred at San Jose International Airport, and separate from each other, one that occurred on December 8, 2019 d at an airport in Miami, Florida and the other that occurred on January 29, 2020 at an airport in Washington D.C. In all events, it is alleged that Signature damaged aircraft owned by i...

Excerpt: ...uals residing in Santa Clara County. (Id. at ¶¶ 2‐3.) Plaintiffs Neil, Anne, and Addison are collectively identified as “Plaintiffs.” Defendant WRP Properties, LLC (“WRP”) is a California limited liability company doing business in Santa Clara County. (Complaint at ¶ 4.) Defendant Stead Financial, Inc. (“Stead Financial”) is a California limited liability company doing business in Santa Clara County and the managing member of WRP...