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