Excerpt: ...anded on the roadway causing severe and permanent injuries. (Id.) The pathway was owned, maintained, controlled, transferred, designed, built, patrolled, funded and/or operated by defendant City of Palo Alto (“City”). (See SAC, ¶ 2.) In a deposition in January 2020, it was discovered that defendants URS Corporation (“URS”), Anderson Pacific Engineering Construction, Inc. (“APEC”) and AAA Fence Company, Inc. (“AAA”) carelessly and...

Excerpt: ... trust. The note and deed of trust were signed by Saul Flores on behalf of Overlook. On April 24, 2019, the note was superseded by updated note executed by Overlook. The deed of trust and updated note each have a provision for award of attorneys' fees and costs. The provisions for attorneys' fees and costs are included in the deed of trust attached to the operative complaint and referenced in the declaration of attorney for plaintiff submitted in...

Excerpt: ...nd configuration issues in identity and access management layers across different Cloud platforms. (FAC at ¶ 9.) Continued reliance on the Cloud to store data made the Technology potentially lucrative. (Ibid.) In April 2015, Plaintiff validated the commercial feasibility of the Technology and began working full time to develop a prototype. (FAC at ¶ 10.) In that regard, Plaintiff desired to create a team to help develop the prototype. (Ibid.) P...

Excerpt: ...or assistance with locating and jointly acquiring income generating and long‐term equity growth properties. (Complaint at ¶ 10.) Defendant Kao wished to use Plaintiff's expertise in real estate, as well as his capital contributions, since she did not have sufficient funds to purchase any properties on her own. (Ibid.) Defendant Kao previously worked as Plaintiff's CPA and thus he had trust and confidence in her professionalism, ethics, and int...

Excerpt: ...ay Plaintiff for such services. (See FAC, ¶ 7.) Plaintiff provided legal services and advanced costs and expenses for District and invoiced District for those services, costs and expenses. (See FAC, ¶ 8.) District has failed to pay the remaining balance of Plaintiff's legal invoices, totaling $336,016.42 in unpaid legal fees and costs, as well as the contractually agreed service charge and interest. (See FAC, ¶ 9.) On May 1, 2019, Plaintiff se...

Excerpt: ...��the Estate”). (FAC at ¶ 2.) Defendant Central Concrete Supply, Inc. (“Central Concrete”) is a motor carrier and owner of commercial trucks with its principal place of business in Santa Clara County. (Id. at ¶ 3.) Defendant Roberto HuertaGarcia (“HuertaGarcia”) is a Central Concrete employee.4 (Id. at ¶ 4.) Defendant Vulcan Materials Company is the parent company of Central Concrete. (Id. at ¶ 5.) On June 23, 2020, defendant Huerta...

Excerpt: ...aintiffs”) (self‐represented), husband and wife, reside at real property located at 121 Vista Del Lago in Los Gatos, California. (FAC at ¶¶ 2, 26.) Plaintiff Ronen purchased the subject property on January 28, 1994. (Id. at ¶ 28.) While difficult to determine, Plaintiffs allege multiple defendants, including banks and other financial institutions, intentionally conned, tricked, and maliciously deceived plaintiff Ronen into signing fraudule...

Excerpt: ...retaliation; failure to take steps to prevent and/or correct harassment, discrimination and/or retaliation; constructive termination; and whistleblower protection under the Labor Code. On March 2, 2022, plaintiff served defendant with special interrogatories, set three (“SI”), and requests for production, set three (“RFP”) (collectively “set 3 discovery”). On April 6, 2022, defendant served responses which plaintiff considered deficie...

Excerpt: ..., including sex and gender discrimination; sexual harassment; hostile work environment sexual harassment; retaliation; failure to take steps to correct and prevent discrimination, harassment and retaliation; wrongful discharge; violation of the Labor Code; and negligent hiring, retention and supervision. During employment, plaintiff complained to defendant that she had been subjected to discrimination, harassment, and retaliation. Defendant retai...

Excerpt: ...s to two private works of improvement referred to by the parties as “Tillery” and “Lantana” projects. Defendant SBI is the general contractor and plaintiff is a subcontractor for both projects pursuant to subcontracts entered into between plaintiff and SBI, one for each project. The subcontracts contain identical provisions for arbitration. SBI terminated plaintiff as the electrical subcontractor for the Tillery and Lantana projects which...

Excerpt: ...attending physician, Dr. Ngai Nguyen (“Dr. Nguyen”). (Ibid.) Dr. Nguyen determined that Huynh needed to be placed in a facility with skilled nursing care for his rehabilitation. (Ibid.) Dr. Nguyen recommended Mission De La Casa Nursing Center (“Mission”) to Huynh of which Dr. Nguyen wholly owns and controls. (Ibid.) Dr. Nguyen stated Huynh would be discharged from the nursing facility when he was stronger. (Ibid.) Dr. Nguyen told Huynh an...

Excerpt: ...ith a covenant not to compete for a period of 5 years within 200 miles of the business, in exchange for payment of $20,000. (See complaint, ¶¶ 4‐11, exh. A.) On not less than two occasions after executing the May 11, 2021 agreement, Defendant contracted with outside parties for the construction of custom cabinetry without the knowledge and consent of Plaintiff, receiving money as consideration for the production of the cabinets, knowing that ...

Excerpt: ...Quantum through a company called Havelsan, that Quantum was losing money, that the Turkish company did not know what to do with Quantum, and that Kose was engaged to turn the company around but was not yet formally hired by Quantum. (See initial complaint, ¶ 12.) Kose and Hassan briefly discussed SSI's KnotSuite application, and Kose stated that Havelsan could bring KnotSuite to market in Turkey. (See initial complaint, ¶ 13.) On August 16, 201...

Excerpt: ...defendant Sanctuary Systems LLC (“Sanctuary”). (Id.) Between January 2020 and April 2020, Sanctuary, defendant 305 Consulting LLC (“305 Consulting”), defendant Benham Pourdeyhimi (“Pourdeyhimi”), defendant Bryan Sigler (“Bryan”), and defendant Robert Sigler1 (“Robert”) made representations to Plaintiffs that: (1) Sanctuary was an industry leader in the design, manufacture, testing, and distribution of respiratory mask material...

Excerpt: ...CAP”) and a final basis of design report pertaining to certain issues of plaintiff's Rinconada water treatment plant. On November 19, 2021, defendant CH2M Hill, Inc. (“defendant”) served plaintiff with first set of requests for admission (“RFA”). On January 21, 2022, plaintiff served response to RFA. Defendant considered the response deficient, and the parties conducted meet and confer. The parties were unable to resolve the issues, and...

Excerpt: ...up”). (See Defendants' Separate Statement of Undisputed Facts [“SSUF”] at No. 1.) Pow and Figueiredo eventually agreed to end the partnership. (Id. at No. 2.) On August 20, 2015, Pow filed a complaint against Figueiredo in Santa Clara County Superior Court (case no. 2015‐1‐CV‐282824). (See Defendants' SSUF at No. 4.) In response, Figueiredo filed a cross complaint against Pow while he was represented by Structure Law Group. (Id. at No...

Excerpt: ...ion for Judgment on the Pleadings to the Fifth Cause of Action in the First Amended Complaint by Plaintiff Richard B. Beauchesne (6) Demurrer, or in the Alternative, Motion for Judgment on the Pleadings to the Fifth Cause of Action in the First Amended Complaint by Defendant Bradford Baugh Factual and Procedural Background The factual and procedural history of this case is complicated and extensive. This is an action for fraud purportedly committ...

Excerpt: ...t , including sex and gender discrimination; sexual harassment; hostile work environment sexual harassment; retaliation; failure to take steps to correct and prevent discrimination, harassment and retaliation; wrongful discharge; violation of the Labor Code; and negligent hiring, retention and supervision. On December 31, 2021, Intuitive served plaintiff with requests for production, set one (“RFP”). On March 26, 2021, plaintiff served respon...

Excerpt: ...r Code section 450. On May 11, 2022, defendant filed the instant motion to compel arbitration and to stay all civil court proceedings pending arbitration. On July 11, 2022, plaintiff filed opposition. After consideration of the authority, evidence and argument of counsel in the papers filed in support and opposition, the court makes the following tentative ruling: Analysis At issue are two documents, an offer letter and an arbitration agreement (...

Excerpt: ...XPeng”). (See FAC, ¶ 21.) During the hiring process, Plaintiffs extensively negotiated their compensation, including an equity grant in XPeng which Plaintiffs made clear was a crucial factor in their decision to accept a position at defendant XMotors.AI, Inc. (“XMotors”). (See FAC, ¶ 22.) Concurrently with their offer of employment letters, Plaintiffs were informed that if they agreed to work for XPeng and XMotors (collectively, “Defend...

Excerpt: ...ologic ended on or about November 2017. On April 20, 2018, plaintiff filed complaint against Hologic and Jerome LaPointe arising from plaintiff's former employment with Hologic. On May 18, 2020, plaintiff filed the operative first amended complaint (“FAC”). The FAC alleges causes of action for employment discrimination, failure to prevent discrimination and harassment, retaliation, harassment and slander. On December 18, 2021, plaintiff serve...

Excerpt: ...t lavatory. (See complaint, ¶¶ 3, 7, 11.) The insured was required by Gulfstream Aerospace to conduct a flap roller inspection after each flight, requiring the lowering of the flaps to the full extent of 39 degrees. (See complaint, ¶ 14.) For the first 10 degrees, the flaps move aft horizontally; then the flaps move downward until fully extended. (Id.) Flap travel to 39 degrees takes approximately one minute and 22 seconds. (Id.) The aircraft ...

Excerpt: ...st defendants alleging 11 causes of action as set forth in the FAC. The action was transferred to Santa Clara County on May 6, 2021 and assigned to Judge Christopher Rudy (“Judge Rudy”) as the case manager. On June 4, 2021, defendant Baugh filed a special motion to strike the FAC. On June 10, 2021, defendant Baugh filed a demurrer challenging the first through eleventh causes of action. Defendant Schmidt had previously filed a special motion ...

Excerpt: ...ough the Low‐Income Housing Tax Credit to rent the property at 135 Franklin Street, Unit #103, Mountain View, California. (FAC, ¶ 9.) On August 1, 2019, Plaintiff moved into the apartment, receiving government benefits which defendant FPI Management, Inc. (“FPI”) knew were contributed to Plaintiff's rent. (Id.) Shortly after moving in, Plaintiff began having issues with his neighbors. (FAC, ¶ 10.) Plaintiff's neighbors would make unusuall...

Excerpt: ...eclosure; violation of truth in lending; accounting; emotional distress; and attorney fees and costs. The causes of action arise from the trustee's sale of the subject real property. On May 24, 2021, plaintiff recorded a lis pendens against the subject property. On November 17, 2021, the court sustained defendant's demurrer to plaintiff's complaint with 20 days leave to file first amended complaint (“FAC”). Plaintiff failed to file FAC, and u...

Excerpt: ...overy was served on defendant Forensic Professionals Group USA, Inc. (“Forensic”). At the time of service of process, defendants Kahn and Forensic were represented by attorney Douglas Klein. Responses to the discovery were not served by Kahn or Forensic when due. Counsel conducted written meet and confer regarding defendants' compliance with discovery. On April 29, 2022, plaintiff filed the instant motions to compel responses from defendants ...

Excerpt: ...defendants Patrick Wherry, M.D. (“Wherry”) and Urological Surgeons of Northern California (“USNC”) (collectively, “Defendants”) for surgery intended to be “circumcision only.” (FAC at ¶¶ 5, 7.) Defendant Wherry represented to plaintiff Bobby Joe that he needed circumcision to facilitate flow during urination, and to facilitate needed cystoscopy examinations. (Id. at ¶ 7.) Despite these representations, defendant Wherry performe...

Excerpt: ...mpetition, breach of contract, and Labor Code violations for failure to pay wages twice per month. The causes of action arise from plaintiff's position as an HR and employee benefits consultant for defendant. On April 20, 2022, defendant filed the instant motion to compel arbitration. On June 22, 2022, plaintiff filed opposition and on June 27, 2022, defendant filed reply. Summary of contentions Defendant asserts that the parties entered into a v...

Excerpt: ... loan to $123,000.00. (Complaint, ¶ 8.) Subsequently, FCI Lender Services, Inc. (“FCI”) is believed to have become the servicer of the loan on behalf of Mr. Natterstad. (Complaint, ¶ 9.) Between July 2005 and February 2019, Plaintiff diligently made each and every payment due under the loan, however, his principal balance appeared to increase to $132,071.40 without any justification and he grew weary of the balance increase. (Complaint, ¶�...

Excerpt: ...McManis Faulkner (“MF”). On March 8, 2020, the motion was heard, and the court granted the motion disqualifying MF from further representation of plaintiff in the action. On March 16, 2022, plaintiff filed notice of appeal. On April 4, 2022, defendant filed the instant motion to stay all trial proceedings pending appeals. On June 3, 2022, plaintiff filed opposition, and on June 9, 2022, defendant filed reply. Summary of contentions Defendant ...

Excerpt: ... October 1, 2019, plaintiff filed notice of appeal, challenging the order granting the antiSLAPP 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 plaintif...

Excerpt: ... wheelie on the bicycle to show off for his friends riding straight through a stop sign in a parking lot crowded with vehicles and pedestrians. (Complaint, ¶ 25.) Brandon lost control of the bicycle and slammed into plaintiff Cynthia Hernandez (“Plaintiff”). (Complaint, ¶ 26.) Plaintiff sustained serious injuries as a result of the collision. (Complaint, ¶ 15.) On November 30, 2021, Plaintiff filed a complaint alleging negligence and punit...

Excerpt: ... traveling westbound in the #2 lane on Tully Road at approximately 35‐40 mph. (FAC at ¶ 13.) Defendant Edward Rico, Jr. (“Defendant”) was driving eastbound on Tully Road at an extreme and reckless speed in excess of the 40 mph speed limit. (Id. at ¶ 14.) Without yielding to Plaintiff's right of way, Defendant made an unsafe left turn from eastbound Tully Road at an unsafe speed attempting to enter a shopping center and violently struck th...

Excerpt: ...ill located at 2650 John Smith Road in Hollister, California (“John Smith Road landfill”). (See Defendants' Separate Statement of Undisputed Facts [“SSUF”] at Nos. 1‐2.) Waste Connections owns and operates the landfill, and by extension was responsible for managing, supervising, training, and disciplining its employees, including Mr. Canela. (Id. at No. 13.) Mr. Canela started off as a general landfill worker before being assigned as a ...

Excerpt: ...en the vehicle driven by defendant took an illegal left turn and hit the vehicle driven by plaintiff, causing physical injury to plaintiff. On May 6, 2021, plaintiff filed the operative first amended complaint (“FAC”) adding SCP Distributors, LLC, (“SCP”) and government entities, State of California, County of Santa Clara and City of San Jose as defendants. It is alleged that at the time of the accident, defendant was driving the vehicle ...

Excerpt: ...emises located at 715 W. Hamilton Ave., Apt. 301 Campbell, CA 95008. (Id.) The agreement was a 12 month lease, renewable as a month‐to‐ month lease thereafter, subject to the annual recertification of Plaintiff's BMR eligibility by Alvin's and final approval by the City. (Id.) In February and May 2016, Alvin's certified Plaintiff's BMR eligibility at move‐in and Plaintiff was approved to rent by the City. (FAC, ¶ 67.) On June 7, 2016, defe...

Excerpt: ...a nail salon known as Kim's Nail Care, located at 540 Emerson Street in Palo Alto, California. (See Defendants' Separate Statement of Undisputed Facts [“SSUF”] at No. 1.) The entrance to the salon includes a step up which leads to double doors into the salon from the street. (Ibid.) On July 25, 2015, plaintiff Gloria Phillips (“Plaintiff”) and her husband entered the nail salon through the double doors. (See Defendants' SSUF at No. 2.) On...

Excerpt: ...able to defendants for overpayment of fees) for services rendered by plaintiffs as defendants' legal counsel. On March 21, 2021, defendants served plaintiffs with written discovery, including requests for production of documents, set one (“RPD”). The RPD is the discovery at issue. On May 17, 2021, plaintiffs served responses to RPD indicating plaintiffs would comply with the RPD and produce all responsive documents. The parties participated i...

Excerpt: ... Code section 2924.17, breach of good faith and fair dealing, negligence, wrongful foreclosure, cancellation of instruments, violation of Business and Professions Code section 17200, and quiet title. The action pertains to a loan secured by deed of trust (“DOT”) on the real property at 181 Fennel Court, Morgan Hill, CA (“subject property”). On December 2, 2020, plaintiff recorded a lis pendens. On December 4, 2020, a trustee's sale pursua...

Excerpt: ...rading LLC (“BMCE”), CIASOM LLC (“CIASOM”), Paul J. Shrater (“Shrater”), Andrew Stack (“Stack”), and Jason Azevedo (“Azevedo”): (1) are members, founders, officers, and principals of Advoque, (2) controlled Advoque's finances, and (3) were insiders. (Complaint, ¶ 31.) On July 29, 2020, plaintiff Professional Plastics, Inc. (“Plaintiff”) entered into a written contract with Advoque for the purchase of 4.5 million NIOSH app...

Excerpt: ...tures, Inc. (“tenant”). The complaint alleges that defendants guaranteed the tenant's performance of its obligations under the lease to the premises, including the payment of rent. On December 14, 2021, the court granted plaintiff's motion to compel each defendant to serve further responses and produce documents pursuant to plaintiff's request for production of documents. Written order was filed January 24, 2022 (“discovery order”). On Fe...

Excerpt: ...ntiff's attorney failed to appear, and the action was dismissed without prejudice. On February 7, 2022, First Law Group substituted out as attorney for plaintiff, and Eric Forstrom, Forstrom Law, substituted in as attorney for plaintiff. On February 7, 2022, plaintiff, through attorney Forstrom, filed the instant motion to set aside order of dismissal. On April 13, 2022, defendants Robert Anderson and Amanda Anderson (“defendants”) filed oppo...

Excerpt: ...tion. Also at issue is a related motion to seal by all the defendants, which is GRANTED. I. BACKGROUND A. Allegations of the Operative Complaint Plaintiff immigrated to the United States from Lebanon in 1988 and identifies as a LebaneseAmerican and Muslim‐American. (Compl., ¶ 13.) The City hired him in 1996 and placed him on patrol duty after he graduated from the police academy the following year. (Compl., ¶ 14.) After the September 11, 2001...

Excerpt: ... action against Cirexx only for failure to prevent harassment, negligent hiring, supervision and retention, retaliation in violation of FEHA, wrongful termination, and retaliation in violation of the Labor Code. On or about September 27, 2021, after plaintiff's employment with Cirexx ended, plaintiff obtained employment with United Rentals, Inc. (“United Rentals”). On February 22, 2022, defendants served subpoena on United Rentals for product...

Excerpt: ... demurrer to the complaint which was sustained with leave to amend on October 22, 2021, and plaintiffs filed first amended complaint (“FAC”) on November 8, 2021. This mooted Chase and Fannie Mae's demurrer. JKC3H8 v. Colton (2013) 221 Cal.App.4th 468, 477. Defendants Chase, Fannie Mae, Wilmington Savings Fund Society, FSB dba Christiana Trust, Selene Finance LP and Rinconada Hills Association demurred to the FAC which were heard and sustained...

Excerpt: ...2022, defendant filed reply. Summary of contentions Defendant asserts that plaintiff failed to serve response to the RFA when due and had not served response as of date of filing the instant motion. In opposition, plaintiff asserts that the motion is moot because plaintiff served responses after the motion was filed and before the hearing, and that sanctions should be denied because of a lack of meet and confer by defendant and because attorneys'...

Excerpt: ...ryessa Flood Protection Project for the Santa Clara Valley Water District. (See complaint, ¶¶ 4, 6, exh. A.) Defendant performed laboratory tests to determine whether soil materials would meet the District's specifications for use in the levees being constructed by Plaintiff, including with respect to Atterberg Limits of the soil, and performed laboratory tests to provide Plaintiff with guidance on meeting soil compaction requirements in constr...

Excerpt: ...ach of contract against defendant Mendelson only. On February 18, 2022, Mendelson and Brega each served notice of deposition of plaintiff's person most knowledgeable (“PMK”) with the depositions of plaintiff's PMK occurring on successive days. Plaintiff objected to the depositions, and meet and confer was unsuccessful in resolving the objections. As a result, on March 11, 2022, plaintiff filed the instant motion for protective order regarding...

Excerpt: ...for sale, repair and service of vehicles manufactured by Ford. Ford and Crown are not signatory parties to the sales contract. The sales contract contains a provision for arbitration of any and all claims and disputes. On December 8, 2021, plaintiffs filed complaint against Ford and Crown, alleging against Ford violations of the Song‐Beverley Consumer Warranty Act, Civil Code sections 1790 et seq. (“Song‐Beverly Act”), alleging of three c...

Excerpt: ...oss‐complainant Gangyou Wang's (“Wang”) (collectively “XComplainants”) application for an L‐1 non‐immigration U.S. visa and his related EB‐1 green card visa. (Complaint, ¶¶ 13‐14.) In 2013, Quintara was an established company, but needed capital to expand its business and solve a cash flow issue. (Complaint, ¶ 15.) Wang asked Dr. Shan, Quintara's co‐founder, whether Quintara needed investments and proposed a plan under whic...

Excerpt: ... Sherry Clark during the course of employment. Trial has not been set. On March 25, 2022, plaintiff filed the instant motion for leave to amend complaint. On May 26, 2022, defendant United Rentals filed opposition, and on June 2, 2022 plaintiff filed reply. Analysis The motion seeks leave to amend complaint to allege additional facts and include in the prayer a request for exemplary damages against defendants United Rentals and Sumner. The papers...

Excerpt: ... 2022, Gower filed opposition. Summary of contentions Plaintiff asserts that order sustaining the demurrer should be aside because Gower's demurrer was not brought within 30 days after Gower was served with the complaint, and therefore, the filing of the demurrer was untimely. Plaintiff believed that the court would recognize this and overrule the demurrer as untimely. The inference is that plaintiff was mistaken in his belief that no written opp...

Excerpt: ...ges, failure to compensate for meal and/or rest periods, and unfair business practices. On April 1, 2022, defendant filed the instant motion to compel arbitration and stay or dismiss proceedings. On May 26, 2022, plaintiff filed opposition and on June 2, 2022, defendant filed reply. Procedural issue In reply, defendant asserts that plaintiff's opposition was not timely served and afforded defendant only three days to file reply, and therefore, th...

Excerpt: ...defendant Sanctuary Systems LLC (“Sanctuary”). (Id.) Between January 2020 and April 2020, Sanctuary, defendant 305 Consulting LLC (“305 Consulting”), defendant Benham Pourdeyhimi (“Pourdeyhimi”), defendant Bryan Sigler (“Bryan”), and defendant Robert Sigler (“Robert”) made representations to Plaintiffs that: (1) Sanctuary was an industry leader in the design, manufacture, testing, and distribution of respiratory mask materials...

Excerpt: ...pposition, and on May 31, 2022, plaintiff filed reply. Plaintiff moves to sever/bifurcate for separate trial the cross‐ complaint of defendants. Plaintiff primarily asserts that bifurcation is necessary to avoid prejudice to plaintiff and to plaintiff's claims asserted in plaintiff's second amended complaint (“SAC”) from presentation of evidence to the jury concerning the cause of action in the cross‐complaint for intentional infliction o...

Excerpt: ...es acceptance of the terms of the agreement. (See Pl.'s separate statement of undisputed material facts, undisputed material fact no. (“UMF”) 2— common counts cause of action; UMF 2—breach of contract cause of action; see also Boston decl., ¶ 8, exhs. A, B.) The agreement also provided that Defendant would repay the principal amount plus any applicable interest and finance charges thereon. (See UMF 2—common counts cause of action; UMF ...

Excerpt: ...hicles at auction and resell them at a profit on a weekly basis. (Id.) Frasher agreed to a cash contribution of 50% of the purchase price at auction. (Id.) The profits would be divided equally each week between Frasher and the Shreims and, pending their sale, the vehicles would be stored at the Shreims' place of business, Seemocar. (Id.) Mohamad used Frasher's 50% of cash to take out a loan with Westlake Financial Flooring to pay for the entire c...

Excerpt: ...ssions (“discovery”). Responses to discovery were due from plaintiff on September 6, 2020. On December 8 2020, plaintiff served responses to the discovery. Defendant considered the responses deficient, and after unsuccessful meet and confer, on March 3, 2022, defendant filed the instant motions to compel further response from plaintiff (and produce documents) to the discovery. On May 24, 2022, plaintiff filed opposition, and on May 25, 2022, ...

Excerpt: ... for Plaintiff without Plaintiff's consent or knowledge. (Id.) In August 2019, Carpenter began the process of procuring two additional policies for $7,500,000 each through Lincoln Financial Group (“Lincoln policies”), representing to Plaintiff that the new policy would result in better returns and tax savings, and that he would do a 1035 exchange from the John Hancock Policy to the Lincoln policies for an estimated total of $162,000. (See com...

Excerpt: ... to collide at the intersection of Branham and Sutcliff Avenue. (See complaint, ¶¶ 5‐7.) The impact was so severe that the airbags in plaintiff's car deployed and plaintiff's head and nose hit the airbag, causing plaintiff to lose unconsciousness and sustain a deviated septum, and suffer a traumatic brain injury. (See complaint, ¶ 8.) Defendant was on his mobile phone instead of concentrating on driving and the road. (See complaint, ¶ 10.) ...

Excerpt: ...that was undertaken by defendant from approximately April 2019 to September 2020 on property owned by defendant. To access defendant's property, defendant used a road which included a portion of a driveway owned by plaintiffs which defendant has an easement for egress and ingress. Defendant also has a second slope easement on plaintiff's property. The easements are similar in that defendant has the right to access the property of plaintiffs for t...

Excerpt: ...ess of sale of vehicles manufactured by Ford and is an authorized Ford dealership and service facility. Neither Ford nor Gosch are signatory parties to the sales contract. The sales contract contains a provision for arbitration of any and all claims and disputes. On December 8, 2021, plaintiff filed complaint against Ford and Gosch, alleging against Ford violations of the Song‐Beverley Consumer Warranty Act Civil Code sections 1790 et seq. (“...

Excerpt: ...nd”), with each having a 50% interest. (See complaint, ¶ 8.) In 2004, Elizabeth and David were residents in Hong Kong but anticipated moving with their children to the United States. (See complaint, ¶ 13.) David believed that the family move to the United States would result in additional taxes on assets owned by David and Elizabeth, so David created trusts and other entities in the name of David's mother to hold—or pretend to hold—assets...

Excerpt: ...nas Markets Foundation (“Cardenas Foundation”), defendant Cardenas Markets, Inc. (“Cardenas Markets”), and defendant Salvador Lozano (“Lozano”), (collectively, “Defendants”) were one of the owners and/or managers of the Premises. (See FAC, ¶¶ 2, 8.) On December 2, 2021, Plaintiff filed the FAC against Defendants, asserting causes of action for (1) premises liability and (2) general negligence. Plaintiff filed an additional amend...

Excerpt: ...n”) requesting septic pumping services at Eastridge Mall. (Id.) The series of agreements consisted of hires, retentions, contracts, invoices and work orders for Plaintiff to perform remedial and pumpingrelated services, including emergency services and providing necessary materials and equipment to perform septic services. (Id.) At Horrigan's urgent oral requests, Plaintiff began and completed work on several septic issues for Defendant includi...

Excerpt: ...he hook into Plaintiff's skull, causing substantial emotional and physical harm. (See complaint, third cause of action for IIED, ¶ IT1, subparas. 2‐5.) On October 8, 2019, Plaintiff filed a complaint against defendants Phan, Round Table Pizza, and Los Altos Round Table Pizza owners David and Pamela Levens, asserting causes of action for: 1) Negligence (against Round Table Pizza and David and Pamela Levens); 2) Battery (against Phan); and, 3) I...

Excerpt: ... Santa Clara County Superior Court case nos. 19CV349110 (Exhibit 1) and 20CV373193 (Exhibits 3‐6), and judgments entered in Santa Clara County Superior Court case nos 20CV361492 (Exhibit 2) and 20CV373013 (Exhibit 7) pursuant to Evidence Code section 452(d)(1). The actions involve plaintiff Mary Ly as a defendant brought by plaintiffs who are not parties to the instant lawsuit, and there is no offer of proof that the subject matter relates to t...

Excerpt: ...�TAC”] at ¶ 5.) Plaintiff was employed pursuant to both written and implied by conduct employment agreements with defendants Simply Green Plumbing and its owner, defendant Russell Stone (“Stone”). (Id. at ¶¶ 5, 7.) On March 14, 2018, defendant Stone seriously injured Plaintiff when he violently attacked him, punching him and head‐butting him in the face multiple times. (TAC at ¶ 7.) At the time of the incident, defendant Stone was act...

Excerpt: ...See complaint, ¶¶ 5, 20.) Plaintiff invested $100,000.00 in Intero and undertook a massive expansion to identify potential franchisees for Intero and service those franchisees within the territory. (Id.) In return, Plaintiff was to receive a share of revenue from Intero's expanding network, including all “Additional Brands” within the territory for the next 50 years. (Id.) Only Intero could enter into a franchise sales transaction with a pr...

Excerpt: ...f emotional distress, gender violence, civil stalking and quantum meruit. On May 23, 2019, attorney Berman was relieved as attorney for plaintiffs, and plaintiffs have been self‐represented parties thereafter to the present. On May 24, 2019, plaintiffs filed motion to compel compliance with civil subpoena and for sanctions. On September 12, 2019, the motion was denied. On May 12, 2021, the parties entered into a stipulation and order regarding ...

Excerpt: ...s 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. A new trial date has not been set. On January 27, 2022, the court granted plaintiff's motion for leave to file second amended complaint (“SAC”). On April 28, 2022, the court denied defendant's motion for second mental examination of plaintiff. On March 2, 2022, defendant filed the instant moti...

Excerpt: ...t 25% of Plaintiff's AIU would vest on the one year anniversary date of hire with the remainder of the AIU vesting 1/36th monthly thereafter until fully vested on the fourth year of hire. (See complaint, p.2:5‐7.) On October 22, 2019, 25% of Plaintiff's AIU shares vested with 555 AIUs vested each month until Plaintiff's employment terminated. (See complaint, p.2:7‐14.) Argo failed to grant Plaintiff's AIU shares vested between January 22, 202...

Excerpt: ...February 9, 2022, defendants filed the current motion to dismiss the action re notice that plaintiff is a vexatious litigant subject to a prefiling order. On April 28, 2022, plaintiff filed opposition, and on May 3, 2022, defendants filed reply. Request for judicial notice Defendants request judicial notice of the following orders filed in the action entitled Jennifer Nemec v. Randall E. Shuler, Santa Clara County Superior Court action no. 16DV01...

Excerpt: ...echlin (“Koechlin”) began dating and Battaglia shortly thereafter moved into Koechlin's home in Los Gatos. (SACC at ¶ 9.) Battaglia portrayed himself as a man of means who lived a luxurious lifestyle, purchasing expensive tickets to sporting events and travel. (Id. at ¶ 11.) He also created an image to fit the part of a well‐spoken, well‐ dressed, and welltraveled businessman. (Ibid.) During the first year after Battaglia moved in, Koec...

Excerpt: ...to secure a loan from the Prudential Home Mortgage Company; the deed of trust was recorded on November 17, 1993. (See TAC, ¶ 24, exh. 1 (deed of trust); see also Defs.' request for judicial notice, exh. 1.) An assignment of the deed of trust (“ADOT1”) was recorded on September 24, 1997 in which the interest of the deed of trust was transferred to First National Trust. (See TAC, ¶ 25; see also Defs.' request for judicial notice, exh. 2.) On ...

Excerpt: ...e of the business (“Commission”) upon any disposition of the business or if Plaintiff, AGOC, or any cooperating broker procured a buyer offering to purchase the Business. (Id.) The Agreement further provided that AGOC was to immediately pay Plaintiff the Commission if AGOC attempted to cancel the Agreement, withdraw the business from sale, refused or was unable to comply with the terms of the Agreement, entered into a contract disposing the b...

Excerpt: ...int, ¶ 7.) On March 29, 2019, an employee of Plaintiff's subcontractor Valley Hill Construction struck a nail through a pressurized fire protection line causing damage to the owner's residence and personal property. (See complaint, ¶ 8.) The owner's automobile insurance company, California Automobile Insurance Company, filed an action against Plaintiff for damages allegedly arising out of the property damage incident. (See complaint, ¶ 9.) Upo...

Excerpt: ...t failed to appear at the hearing. On February 1, 2022, the Labor Commissioner denied defendant's application for relief of order. On March 1, 2022, defendant filed the instant motion for relief of judgment pursuant to Code of Civil Procedure sections 473 and 473.5. On April 8, 2022, plaintiff and Labor Commissioner filed opposition, and on April 28, 2022, defendant filed reply. Analysis and findings Plaintiff and the Labor Commissioner do not co...

Excerpt: ...rt – intentional infliction of emotional distress, and violations of the Unruh Civil Rights Act. Following ruling on defendant's motion for summary judgment, the current, remaining cause of action of the FAC is the first cause of action for general negligence. On October 28, 2022, order was entered pursuant to hearing on October 5, 2022 in connection with plaintiff's noticed deposition of defendant's person most qualified to testify (“PMQ”)...

Excerpt: ...ct contains a provision for arbitration of any and all claims and disputes. On December 29, 2021, plaintiff filed complaint against dealership and defendant for violations of the Song‐Beverley Consumer Warranty Act Civil Code sections 1790 et seq. (“Song‐Beverly Act”) alleging three causes of action for violations of separate subdivisions of Civil Code section 1793.2 ‐ for failure to repair the vehicle to conform to express warranty and...

Excerpt: ...hority and argument of counsel in the papers filed in support, opposition and reply, the court makes the following tentative ruling: Analysis The requirements for a grant of motion to seal a record are set forth in California Rules of Court, Rule 2.551 which authorizes a court to enter an order that a record be filed under seal only if facts support findings that establish all of the following requirements set forth in California Rules of Court, ...

Excerpt: ...rved offer to compromise pursuant to Code of Civil Procedure section 998 (“998 offer”). On December 14, 2021, plaintiff filed acceptance of the 998 offer. The settlement includes a provision that plaintiff recover reasonable attorneys' fees and costs against defendant in an amount agreed by the parties or as determined by the court by noticed motion. On February 3, 2022, plaintiff filed the instant motion for attorneys' fees. On April 13, 202...

Excerpt: ...l distress, negligent infliction of emotional distress, and conversion. The action pertains to the residential real property on Birch Street in San Jose, CA, and the parties' respective rights and obligations in connection with the subject property. On November 18, 2021, defendants filed the instant motion to compel attendance of plaintiff Rogelina Camacho Solorio (“plaintiff Rogelina Solorio”). Each defendant is represented independently by ...

Excerpt: ...nt in a movie “Slamma Jamma” which was not completed. On January 20, 2021, plaintiff filed motion to compel defendants to provide further response to special interrogatories, form interrogatories, request for production of documents and request for admissions (“plaintiff's motion to compel”). On January 29, 2021, defendants filed motion to compel plaintiff to provide further response to interrogatories and request for production of docume...

Excerpt: ...��Micro Bio”) whereby BV Canada purchased the worldwide rights to proprietary technology related to compost and biogas machinery relating to anaerobic digestion of organic waste material. (See complaint, ¶ 11.) In June 2013, Whole Foods agreed to demo a BV digester at Whole Foods' Campbell store, and after a successful demonstration and proof of concept, Whole Foods notified BV USA and BV Canada that it intended to purchase a digester unit for...

Excerpt: ...�complainants filed answer and cross‐complaint against crossdefendants alleging causes of action for breach of agreement, promissory fraud, conversion, unjust enrichment, specific performance, violation of penal code section 496, malicious prosecution, abuse of process, and declaratory relief. The subject matter that is the basis of the complaint and cross‐complaint is a joint venture and oral agreement between the parties concerning rights a...

Excerpt: ...ndants Gibbs, Rana Rekhi (“Rekhi”) and YCI, financials prepared by an alleged CPA, tax documentation, the online merchant processing account, the company's e‐commerce partner, the liquor license in place for the company, and purported confidential business information of RB, including reports of significant sales from out of state website visitors, revenue exceeding one thousand dollars per day, sales reports listing nine of the ten top sel...

Excerpt: ...se for Medical Solutions, was assisting a surgery in a cardiovascular operating room. (Complaint at ¶ 6.) After Plaintiff completed her job in surgery and left the operating room, defendant Maria Ponte (“Ponte”) entered the room to complete clean up after the procedure. (Ibid.) Plaintiff thereafter returned to the operating room and tripped on a plastic bag left on the ground by defendant Ponte. (Ibid.) As a result, Plaintiff's right foot ca...

Excerpt: ... of business in Los Altos, California. (FAC at ¶ 1.) 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 D...

Excerpt: ... assault. On September 30, 2021, plaintiff filed the instant motion against defendant UBER Technologies, Inc. (“defendant”) to compel further deposition of defendant's person most qualified no. 2 (“PMQ2”) and production of documents. On January 21, 2022, defendant filed opposition and on January 27, 2022, plaintiff filed reply. On February 3, 2022, the court directed the parties to Informal Discovery Conference (“IDC”) and continued h...

Excerpt: ...reside at real property located at 121 Vista Del Lago in Los Gatos, California. (FAC at ¶¶ 2, 26.) Plaintiff Ronen purchased the subject property on January 28, 1994. (Id. at ¶ 28.) While difficult to determine, Plaintiffs allege multiple defendants, including banks and other financial institutions, intentionally conned, tricked, and maliciously deceived plaintiff Ronen into signing fraudulent documents and instruments in connection with the s...

Excerpt: ...joyment, nuisance, negligence, violation of San Jose City Municipal Code sections (wrongful eviction and retaliation) and (substandard housing), violation of Civil Code section 1942.4,, retaliation, violation of Civil Code section 1950.5, wrongful death, elder financial abuse. According to the allegations in the FAC, the action arises out of plaintiffs leasing and residing in a residential real property owned by defendants, and substandard, uninh...

Excerpt: ..., Yehs II Family Limited Partnership, Chinche Huang, and Chuan LLC (collectively “cross‐defendants”) filed the instant motion to compel further response to special interrogatories from cross‐complainant Richard Foust (“Foust”). On January 19, 2022, Foust filed opposition, and on January 25, 2022, La Encina and crossdefendants filed reply. On February 3, 2022, the parties were ordered to Informal Discovery Conference (“IDC”) with J...

Excerpt: ...ollectively, “F&S” or “Company”) are a consultancy that provides its employees with meaningful growth opportunities and career paths. (FAC at ¶ 18.) Defendants Wyman Bravard (“Bravard”) and David Frigstad (“Frigstad”) are Shareholders, Directors, and Officers of the Company. (Id. at ¶¶ 11‐12.) For approximately 40 years, and while acting as principal shareholders at F&S, Frigstad worked in the role of the visionary/strategist...

Excerpt: ...to the Lease, commencement of the Lease was conditioned on Defendants being able to regain possession of the Premises from another tenant. (See complaint, ¶ 9.) If Defendants did not deliver possession of the Premises to Plaintiff after 180 days from the date of execution, either party would have the right to terminate the Lease by written notice. (Id.) Upon execution of the Lease, Plaintiff paid Defendants $4,826.50 for base rent, $1,172.15 for...

Excerpt: ...that permitted the owners of the neighboring property at 19555 Redberry Drive in Los Gatos (“Gallun property”), defendants Arthur and Elaine Gallun, individually and as trustee of the Gallun 2002 Revocable Trust (collectively, “Defendants”), to drive across the corner of the Oswalt property, in exchange for the owners of the Oswalt property being allowed to trim trees on the Gallun property so that no trees blocked the city view from the ...

Excerpt: ...t to FEHA and the California Government Code, violation of California Labor Code section 1102.5, and unfair business practices. On October 27, 2020, plaintiff served defendant Smith's Detection with request for production of documents, set one, on defendant Smith's Detection. Following meet and confer, plaintiff consider the response to the request for production of documents deficient, and on November 29, 2021, filed the instant motion to compel...

Excerpt: .... On April 13, 2018, plaintiff received 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...

Excerpt: ...otion for leave to file first amended complaint (“FAC”). On March 22, 2022, defendants Comerica and Jenny Nguyen filed opposition (“defendants”), and on March 28, 2022, plaintiff filed reply. Discussion, summary of contentions and analysis In the furtherance of justice, a court may allow a party to amend any pleading at any time, even after commencement of trial. Code of Civil Procedure sections 473(a)(1) and 576. See Hong Sang Market, In...

Excerpt: ...Eric McAfee (“Eric”) is a member of MF. (See FAC, ¶ 6.) Defendant Aaron McAfee (“Aaron”) is a managing member of Lapsley. (See FAC, ¶ 9.) Defendants Mark McAfee (“Mark”) and Lutz Farms LLC (“LF”) are managing members of defendant Double L Ranches, LLC (“DLR”). (See FAC, ¶¶ 11‐12.) Defendant Joshua Lutz (“Joshua”) is a managing member of LF. (See FAC, ¶ 13.) On April 12, 2016, Plaintiff entered into a subscription ag...