Excerpt: ...serts that plaintiff's original complaint named only Kennedy as defendant, and that Kennedy's earlier motion to compel arbitration and stay of action was denied by this court on procedural grounds. Plaintiff then filed a first amended complaint naming National as a new defendant. While National asserts that it is a completely separate and distinct entity from Kennedy, the FAC alleges National is liable to plaintiff on an agency and/or joint emplo...

Excerpt: ...ssment in connection with arranging a loan. (See 4AC, ¶ 17.) Summers is a real estate person who does business as or under the supervision of defendant John Trowbridge (“Trowbridge”) through the fictitiously named Capital Funding. (See 4AC, ¶ 7.) Kenoyer introduced himself as a licensed home loan mortgage broker with CHL. (Id.) Plaintiffs told Summers and Kenoyer that they wanted a loan to remodel their family home, and Kenoyer represented ...

Excerpt: ... judgment was entered on or about July 21, 2014. On July 21, 2016, defendant filed motion to vacate the judgment which was denied pursuant to order filed August 19, 2016. On March 23, 2017, defendant filed motion to vacate default and judgment, and to quash service of summons and complaint. The motion was denied pursuant to order filed August 23, 2017. In the instant motion, defendant seeks to set aside the default judgment on the grounds that th...

Excerpt: ...8, Plaintiff Martha, with complaints of upper right molar area pain and/or sensitivity, initially consulted defendant Liang for a dental cleaning and examination. (First Amended Complaint [“FAC”] at ¶ 10.) During the examination, defendant Liang advised Plaintiff Martha that she had nine cavities and recommended the teeth be treated with dental filling restorations. (Id. at ¶ 11.) Based on this advice, Plaintiff Martha consented to the prop...

Excerpt: ...il Procedure section 1255.410. The property is an overhead utility easement and a temporary construction easement (“subject property easements”) over real property in Santa Clara, California owned by PSB. Summary of contentions Santa Clara asserts that it is empowered under California statutory law to condemn the subject property easements by eminent domain, and obtain an order of the court for prejudgment possession, provided it meets four e...

Excerpt: ...p One Construction, Inc. (“plaintiff”) filed complaint in this action against La Encina and Evertrust Bank, Inc. alleging breach of contract and to foreclose on a mechanics lien. According to the allegations of the complaint, plaintiff and La Encina entered into a contract where plaintiff agreed to build five residential homes in San Jose, CA and La Encina agreed to pay plaintiff for the construction. It is alleged that La Encina terminated t...

Excerpt: ...s in cross‐complainant Garden City, Inc., dba Casino M8trix (“GCI”), and includes a provision for a right of first refusal in the event a shareholder in GCI desired to accept an offer to sell their shares to a third party. (See XC, ¶ 19.) On April 13, 2015, Swallow entered into a Stock Purchase Agreement with John Park (“Park Agreement”) in which Swallow agreed to sell his shares in GCI to Park for $50 million plus additional considera...

Excerpt: ...f a foreign object into her private parts. (Complaint at ¶¶ 14, 23, 37.) The specimen was evaluated by experts and identified as a device with semiconductor components in an expert report received on September 5, 2018. (Id. at ¶¶ 14, 39.) On December 12, 2018, Plaintiff discovered another suspect specimen that had penetrated her intimate parts against consent. (Complaint at ¶¶ 15, 40.) The foreign object was evaluated by experts and identif...

Excerpt: ... signed non‐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. (See 4AC, ¶ 11.) Taproop paid $35,000 and Amar began working for defendant Anjaneyap, Inc. (“AI”) for a 49% interest in AI. (See 4AC, ¶ 12.) In March 2009, Amar realized that they did not have a...

Excerpt: ...�10.) Dr. Graven advised Stephanie that her previous doctor did all the right tests in attempting to locate the IUD, and since these tests failed to locate it, she recommended a laparoscopy and did not recommend an x‐ray or CT scan. (See complaint, ¶ 11.) Dr. Graven did not inform Plaintiff that locating the IUD in this manner without an x‐ray or CT scan, and without confirming the presence and location of the IUD in her abdominal cavity, ha...

Excerpt: ...she was directed to a different vehicle on defendant Penske's lot. (Ibid.) Plaintiff was told the other vehicle was also a red 2016 Honda HR‐V, it was just easier to drive off the lot than the vehicle she had initially chosen. (Ibid.) Plaintiff alleges she was manipulated into a “bait & switch,” resulting in her taking possession of a vehicle with prior accident and frame damage, without her knowledge or consent. (Ibid.) On January 8, 2019,...

Excerpt: ...ee First Amended Complaint [“FAC”] at IT‐1.) At no time did Plaintiff give defendant Stone consent to the harmful conduct. (Ibid.) As a consequence of defendant Stone's actions, Plaintiff suffered serious and painful physical injuries for which he has obtained multiple surgical procedures. (Ibid.) On May 28, 2020, Plaintiff filed a judicial council form complaint against defendants Stone and Simply Green Plumbing, Inc. (“Simply Green Plum...

Excerpt: ... Technology”). (See 4AC, ¶¶ 3, 5.) YT has blocked visibility into FF's financial dealings, even from an independent auditor, which necessitated that Big Four auditing company to end its relationship with FF due to findings of financial misconduct, a lack of proper internal controls, a lack of transparency from FF decision‐makers, insufficient bank account procedures from Le Technology, commingling of funds, unclear records to document and a...

Excerpt: ...endant Durham Associates CPAs, Inc. (“Dunham CPA”) to perform bookkeeping and tax services for both Plaintiff individually, and Odeum. (Complaint at ¶ 10.) Defendants Dunham CPA and Rick D. Dunham (“Dunham”) (collectively, “Defendants”) agreed to perform bookkeeping and accounting services for the fiscal years 2016, 2017, 2018, 2019, and first quarter of 2020; and tax services for the fiscal years of 2016, 2017, 2018, and 2019. (Id. ...

Excerpt: ... the instant separate civil action. The actions are in connection with a residential real property (“premises”) that is owned and leased by Walia to Tyler pursuant to a written lease. On May 11, 2021, Walia filed opposition to the motion. On May 28, 2019, the parties entered into a written lease (“lease”) to the premises which was subsequently extended to January 31, 2021. Tyler asserts that Walia orally represented they would make improv...

Excerpt: ...' calls. (Id.) Nguyen has since left the state of California. (Id.) On April 12, 2017, Plaintiffs discovered that their tow truck was parked at a business known as Reliance Auto Body & Paint (“Reliance”), owned and managed by defendants Phuong Thuy Ho (“Ho”) and Giau V. Do (“Do”) (collectively, “Defendants”). (See FAC, ¶ IT‐1, subpara. b.) Plaintiffs produced title to their tow truck to Defendants and demanded Defendants to rel...

Excerpt: ...tionate demands, on May 22, 2016, Defendant filed false kidnapping charges against Plaintiff; however, after an investigation, the charges were declared as being falsely filed. (See complaint, ¶ 13.) On June 4, 2016, Defendant refused to comply with a family law court order to hand over Skylar for a visit with Plaintiff, and on June 5, 2016, the San Bernardino Police Department enforced a visitation order. (See complaint, ¶¶ 14‐15.) After a ...

Excerpt: ...e, request for admissions (“RFA”), request for production of documents (“RPD”) and form interrogatories, and served Melvin with special interrogatories, set one, form interrogatories and request for admissions (“RFA”). Clarke and Melvin served responses to the discovery which plaintiff considered deficient. After meet and confer and participation in an informal discovery conference, defendants served amended responses. On June 8, 2021...

Excerpt: ...g (“Ting”) filed complaint against MHCA and Wong; on November 9, 2018 Wong filed cross‐complaint against MHCA; and on May 23, 2019, MHCA filed cross‐complaint against Wong. The complaint relates to water leakage from Wong's condominium unit into Ting's condominium unit and alleged damages from the water, and the cross‐complaints seek indemnity and related relief. MHCA is the condominium association for the development that includes the ...

Excerpt: ...e outstanding taxes due on the property totaling $36,821.27 as Plaintiff's attorney advised nonpayment of the taxes while an appeal of Santa Clara County's special assessment valuation was in process. (See FAC, ¶ 17.) On January 9, 2019, defendant Easy Financial LLC (“Easy”) gave Plaintiff an initial approval for up to $2,535,000 in financing the property, stipulating that the amount shall be no more than 65% of the existing value of the pro...

Excerpt: ...ue is a written timeline and related notes (collectively “the document”) that were reviewed by plaintiff Geoffrey Weigand (“plaintiff”) before and during the sessions on January 21 and February 4. The document was prepared by plaintiff at plaintiff's attorney's request and was a timeline of events over several years and included information about plaintiff's claims in the lawsuit. Defendant points to specific deposition questions and answ...

Excerpt: ... plaintiff SI 38, LLC (“plaintiff”) against defendant, in connection with the premises leased by plaintiff to defendant. On or about November 30, 2005, defendant and plaintiff's predecessor in interest, FBJ Management, Inc., entered into a lease whereby defendant leased space in a shopping center at 20640 Homestead Road in Cupertino, CA (“original lease” and “premises” depending on context). The lease was for a term of 10 years with t...

Excerpt: ...h assessment in connection with arranging a loan. (See 4AC, ¶ 19.) In February 2016, Plaintiffs entered into a loan agreement with CHL for the amount of $1,150,000, secured by a deed of trust on the subject property to be processed, serviced and managed by Kenoyer, and defendant K.C. Knapp (“Knapp”) of CHL. (See 4AC, ¶¶ 30‐38.) Unbeknownst to Plaintiffs, Knapp had his real estate broker's license revoked on January 9, 2016, prior to the ...

Excerpt: ...019, plaintiff filed notice of appeal, challenging the order granting the anti‐SLAPP motion (“anti‐SLAPP appeal”). On July 13, 2020, the Sixth District Court of Appeal granted defendants' motion to dismiss the appeal, and on July 25, 2020, denied plaintiff's petition for rehearing. On August 16, 2020, plaintiff filed a petition for review with the California Supreme Court. Defendants filed an answer to the petition, and plaintiff filed a ...

Excerpt: ...h Shawn Sahbari (“Sahbari”), a recognized leader in the area of semiconductor and electronic surface preparation and cleaning, to develop a better cleaning process for the iPhone's aluminum body. (See FAC, ¶¶ 13‐15.) On November 30, 2012, Gentile emailed Sahbari to execute Apple's non‐disclosure agreement (“NDA”), and requested that Sahbari create a chemical solution to clean certain aluminum samples for a December 5, 2012 meeting. ...