Excerpt: ...ely flat and vacant dirt lot, owned by defendant EAH, Inc. dba EAH Housing (“EAH”). (See SAC, ¶¶ 2, 6, 13.) Defendant Shreya Shah (“Shah”) was the project manager employed by EAH for the construction of the Bella Salici apartment complex on the property. (See SAC, ¶ 6.) EAH and defendant City of Morgan Hill (“City”) shared joint control in the planning, building and construction of the project and hired defendants L & D Constructio...

Excerpt: ...CLA's Institute for Technology Advancement (“ITA”) and suggested that Plaintiff present to ITA. (Id.) On October 7, 2009, Plaintiff provided Konda Tech's business presentation to Markovic and ITA in confidence. (Id.) On October 12, 2009, just prior to presenting to ITA, Markovic, for the first time, indicated that Plaintiff should not expect ITA to fund Konda Tech because ITA does not fund technologies built outside UCLA. (Id.) ITA rejected f...

Excerpt: ...rove the relationship between [her and her children] by exploring parenting skills, mood and anger management, explore obstacles to facilitating the children's relationship with the Father” and to deal with the separation issues as the Court ordered sole custody of the children to their father, Dago Soleto (“Soleto”). (See initial complaint, ¶ 5, exh. 1, ¶¶ 1‐2, 24.) On October 10, 2017, Plaintiff entered into a “Working Agreement”...

Excerpt: ...lessee and Westgate as lessor. Goodwill of Silicon Valley (“Goodwill”) filed the present action against Westgate for damages for intentional interference with contractual relations and negligent interference with economic advantage. Goodwill asserts that Westgate unlawfully interfered with a sublease of the Premises between Longs and Goodwill. Longs filed an earlier action against Westgate for damages for breach of contract and declaratory an...

Excerpt: ...CLA's Institute for Technology Advancement (“ITA”) and suggested that Plaintiff present to ITA. (Id.) On October 7, 2009, Plaintiff provided Konda Tech's business presentation to Markovic and ITA in confidence. (Id.) On October 12, 2009, just prior to presenting to ITA, Markovic, for the first time, indicated that Plaintiff should not expect ITA to fund Konda Tech because ITA does not fund technologies built outside UCLA. (Id.) ITA rejected f...

Excerpt: ...Trung and Nam promised that they would use their proficiency in real estate transactions and accumulated wealth to find profitable investment properties for Plaintiff, they would act as Plaintiff's agent in the sale and purchase transactions, and they would form defendant Evergreen Equity Partners, LLC (“Evergreen”) for Plaintiff's benefit. (See 4AC, ¶¶ 37, 50‐58.) Trung encouraged Plaintiff to take a mortgage out on his residence and ren...

Excerpt: ...3.) Section 7 of the lease agreement states that Plaintiff is not responsible for payment of any utilities; however, despite this provision, Defendant has charged Plaintiff for bimonthly water bills and Plaintiff has paid all water bills charged to him by Defendant from July 26, 2010 through August 2020. (See complaint, ¶¶ 9‐10.) On July 15, 2020, Plaintiff arranged a representative from San Jose Water Company to inspect the water meter and e...

Excerpt: ... cross‐defendants Monica Yeung Arima (“Arima”) and Yarkin Realty (“Yarkin”) knew that Large had just resolved a four‐year long lawsuit against the person who sold her the property, the real estate agents and her attorney that the leasehold would trigger reassessment of property taxes and that assessment would be based upon the fee simple value of the subject property, not the value of the leasehold transaction, substantially affecting...

Excerpt: ...connection with arranging a loan. (See TAC, ¶ 21.) Defendant Alan Summers (“Summers”) is a real estate salesperson supervised by defendant John Trowbridge (“Trowbridge”) at Capital Funding who also contacted Plaintiffs and visited the property to perform a walk through assessment in connection with arranging a loan. (See TAC, ¶¶ 7, 21.) In February 2016, Plaintiffs entered into a loan agreement with CHL for the amount of $1,150,000, se...

Excerpt: ...eptember 25, 2020, TM served plaintiff with notice of motion for sanctions under CCP 128.7. On November 30, 2020, 66 days after service, plaintiff filed a third amended complaint (“TAC”), in effect to withdraw or correct the SAC, the pleading challenged by TM's motion. This is beyond the 21 day period after service of the motion to foreclose the filing of the motion. Defendant has satisfied the notice and procedural requirements to proceed wi...

Excerpt: ...nies, eventually totaling nearly $200,000 without interest. (See FAC, ¶¶ 11‐13.) When Defendant told Plaintiff that he was delaying payment on the loan because he wanted to establish an energy therapy practice in California to make money, Plaintiff expressed her dissatisfaction and concern with Defendant's failure to repay the loan. (See FAC, ¶ 14.) Thus, in consideration for the forbearance from immediate action on the loan, Defendant promi...

Excerpt: ...8 (a) of the contract, the closing date for the transaction was required to occur when a certificate of occupancy was issued, as San Jose Municipal Code § 24.02.610(A) prohibited usage or occupancy of the subject property prior to the issuance of a certificate of occupancy. (See SAC, ¶¶ 15‐16.) The certificate for occupancy was issued on January 31, 2018 and San Jose has repeatedly rejected TM's attempts to obtain a certificate of occupancy ...

Excerpt: ...��) as an interested party of liability insurance. (See complaint, ¶¶ 10‐11.) On December 24, 2018, Plaintiff discovered a puddle of water in her bedroom; she called Avana's emergency phone number as designated in the lease agreement but the number did not allow her to leave a message. (See complaint, ¶ 12.) On December 25, 2018, Plaintiff again called the emergency line and spoke to a man who answered the phone. (See complaint, ¶ 13.) A su...

Excerpt: ...d further alleges that harassment and retaliation by Iyer occurred after Plaintiff confronted Iyer about the statement. Doe contacted Cisco's human resources and employee relations to file a discrimination complaint against Iyer. After Cisco investigated Doe's complaint, Iyer's retaliatory efforts continued. Doe sought review of Cisco's investigation's findings, and a reopening of the investigation occurred. Cisco, however, refused to recognize d...

Excerpt: ...rough assessment in connection with arranging a loan. (See TAC, ¶ 21.) 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 TAC, ¶¶ 30‐33, 36‐37.) Unbeknownst to Plaintiffs, Knapp had his real estate broker's license revoked on January 9, 2016, ...

Excerpt: ... defendant Pacific Plumbing & Sewer Service, Inc.'s (“Defendant”) work on the San Jose Convention Center, the County of Santa Clara Winter Shelter, the County of Santa Clara's County Building Bathroom removal, the County of Santa Clara's County Correctional Complex (Elmwood Jail) and the Sunnyvale Community Center, and found that: Defendant's employees are working on a project but are not paid prevailing wages as those workers do not appear i...

Excerpt: ...ively, “Foresite”) approached Genapsys during its 2017 equity raise and explored investing, sending its senior technology experts to review all of Genapsys' technology. (See XC, ¶ 3.) The parties entered into a Non‐Disclosure Agreement, and over the next several months, Foresite and its CEO and Managing Director, cross‐ defendant Jim Tananbaum (“Tananbaum”) (collectively, “cross‐defendants”) were provided a detailed technical r...

Excerpt: ...s right to collect benefits. (See FAC, ¶ 9.) When Plaintiff refused to the reduction, Defendant terminated Plaintiff. (See FAC, ¶ 10.) Defendant satisfied its obligations to pay Plaintiff the benefits pursuant to the Change of Control Agreement. (See FAC, ¶ 12.) However, Plaintiff was also entitled to a bonus that he earned for his performance in 2019 and the value of stock options which were awarded to him on March 16, 2018. (See FAC, ¶¶ 13...

Excerpt: ... other similarly situated employees were not paid for overtime or double time rates in accordance with California law. (See complaint, ¶ 18, 6‐ 8 .) Defendants also required Plaintiff and other similarly situated employees to work through meal and rest periods or otherwise failed to provide timely meal and rest periods, and subtracted unpaid meal periods from Plaintiff's and other similarly situated employees' pay despite knowing that Plaintif...