Excerpt: ...n Campbell, California (“the Property”). (Complaint at ¶ 1.) Plaintiff is entitled to possession of a certain portion of the first floor of the Property, including, but not limited to offices otherwise designated as Rooms 106 and 107. (Id. at ¶ 2.) Plaintiff alleges defendant Ying Min Li aka Ying‐Min Li (“Li”) has attempted to occupy the Property unlawfully and is affiliated with entities named as defendants in this action. (Id. at ¶...

Excerpt: ...nts served a statutory offer to compromise pursuant to Code of Civil Procedure section 998 (“998 offer”). On or about December 8, 2021, the 998 offer was accepted by plaintiff and the accepted offer is the settlement of the litigation. The settlement provides that FCS reimburse plaintiff for all sums paid toward the purchase of the vehicle and satisfying the lien holder of the vehicle. The settlement provides that attorney's fees incurred by ...

Excerpt: ...y located at 546 Bird Avenue, San Jose, California with Santa Clara County Assessor's Parcel Number 284‐18‐052 (“Property”). (Complaint, ¶¶ 2, 5; Exhibit A.) Closing date of escrow was anticipated to be 30 days after receipt of city approval to build on the vacant parcel. (Complaint, ¶ 7.) Pursuant to the VLPA, Trustee agreed that San Rafael would secure city approval to build on the vacant parcel before the close of escrow. (Complaint...

Excerpt: ...155,051.72 (inclusive of mediation and discovery referee fees not listed in the summary page). On July 7, 2022, SEI filed the instant motion to strike and/or tax certain items in the memorandum of costs. On October 4, 2022, City's ex parte application for order shortening time to file opposition was granted, and on October 5, 2022, City filed opposition. SEI filed opposition to the ex parte application. While the court posts the within tentative ...

Excerpt: ...the order of the court. The order directed the parties to meet and confer to resolve the individual discovery requests at issue consistent the ruling. The order further directed counsel to file and email a joint statement providing a status and listing of remaining unresolved discovery requests. On September 20, 2022, counsel filed the joint statement providing a summary of meet and confer and discovery issues. In connection with the instant moti...

Excerpt: ...or Court of Santa Clara County and assigned the instant case number. Plaintiff subsequently filed third amended complaint and the operative fourth amended complaint, asserting a first cause of action for breach of contract, second cause of action for declaratory relief, third cause of action for breach of contract – failure to approve and pay proposed change orders and fourth cause of action for violation of prompt payment acts pursuant to Publ...

Excerpt: ...hrough Lincoln Financial Group (“Lincoln policies”), representing to Plaintiff that the new policy would result in better investments/returns, 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 FAC, ¶¶ 11‐12.) Plaintiff authorized a medical evaluation and release of certain medical information relating to the Lincoln policies but decided to not proceed with th...

Excerpt: ...nts 1‐30. In a subsequent filing, Dana amended the complaint to add Kristin Nicole King, the Deforest Building Condominium Owners Association, and the Deforest Residential Condominium Owners Association as Does 2, 3, and 4, respectively. On June 28, 2022, Defendant Kristin Nicole King (“Kristin”) concurrently filed a demurer to both causes of action and a motion to strike the complaint of punitive damages. Dana filed an Opposition on Septem...

Excerpt: ...rks, Inc. (“FNI”). (See complaint, ¶¶ 14‐15.) Plaintiff performed his job duties satisfactorily but his supervisor assigned him twice the number of projects as other employees who were not of Asian descent, despite his requests to reduce his workload to those of other co‐workers. (See complaint, ¶¶ 17‐18.) Plaintiff's supervisor complained that the prior project manager, who spoke Russian, was incompetent, and did not speak negative...

Excerpt: ...plaintiff”). Present motions On July 15, 2022, Vanni defendants filed motion for attorneys' fees (line 7 of calendar). On July 20, 2022, plaintiff filed opposition, entitled in pertinent part, “motion to deny Defendant counsel motion for legal fees…” On September 27, 2022, Vanni defendants filed reply. On July 15, 2022, MHVOA filed motion for attorneys' fees (line 8). On August 3, 2022, plaintiff filed opposition entitled in pertinent par...

Excerpt: ...ent Services (“SUTS”). (FAC at ¶ 1.) The Memorandum of Understanding (“MOU”) between the County and Union of American Physicians and Dentists (“UAPD”) is a collective bargaining agreement amended every few years, with current effective dates from 10‐19‐20 to 10‐29‐23. (FAC at ¶ 5.) The MOU is a legally binding contract with terms and conditions of employment at one clinic for P28 Senior Staff Physicians II and other physicia...

Excerpt: ...he United States. (Complaint at ¶ 10.) Plaintiff Central Pacific District (“Central Pacific District”) is the ecclesiastical body of the C&MA which has authority over approximately 90 individual churches in Northern California, Nevada, Utah, Hawaii and Guam. (Complaint at ¶ 11.) Defendant Vertical Church of the C&MA (“Vertical Church”) is a subordinate church of the C&MA located in the Willow Glen area of San Jose. (Id. at ¶¶ 1, 14‐...

Excerpt: ...f defendant McAfee Farms LLC (“MF”). (See SAC, ¶ 5.) Defendant Eric McAfee (“Eric”) is a member of MF. (See SAC, ¶ 6.) Defendants MF, Lapsley Farms LLC (“Lapsley”), and Lutz Farms LLC (“LF”) are the managing member of defendant Double L Ranches, LLC (“DLR”). (See SAC, ¶¶ 4, 13, 14, 19.) Defendant Mark McAfee (“Mark”) is a managing member of MF. (See SAC, ¶ 13.) Defendant Aaron McAfee (“Aaron”) is a managing member...

Excerpt: ...ardi”) was the general contractor retained to construct, design and develop the hotel rooms at Palmetto. (See TAC, ¶ 12.) While staying at the hotel, after taking a shower, Plaintiff slid the tempered glass shower door when it suddenly exploded, shattering over Plaintiff's body, causing Plaintiff to fall to the ground and to sustain multiple lacerations and cuts to her wrists, hands, fingers, legs and feet. (See TAC, ¶ 26.) Plaintiff necessit...

Excerpt: ...nd any pleading at any time, even after commencement of trial. Code of Civil Procedure sections 474 and 576. See Hong Sang Market, Inc. v. Peng (2018) 20 Cal.5th 473. Courts are generally liberal in permitting amendments, as long as the statute of limitations has not expired, and the opposing party will not be prejudiced by the amendment, such as a delay in the trial of the case, loss of critical evidence, or added costs of trial preparation. Har...

Excerpt: ...id Kristian Andresen as defendant (“defendant”). According to the allegations of the FAC, plaintiff suffered serious personal injuries from an auto accident on July 18, 2018 caused by David Kristian Andresen (“decedent”) running a red light and colliding into plaintiff's auto. Plaintiff alleges that plaintiff immediately felt pain in her collarbone, neck, back, chest, forearm, wrist, and ankles. Plaintiff further alleges that she is infor...

Excerpt: ...defendant filed the operative second amended cross‐complaint (“SAXC”) against plaintiff. A separate action for a restraining order was filed by plaintiff against defendant, and a restraining order was issued and continues in effect in which plaintiff is the protected party and defendant is the restrained party. The gravamen of the litigation is an alleged, contested agreement between the parties to share income and assets, representations m...

Excerpt: ... and costs. On July 21, 2022, plaintiff filed the instant motion for payment of attorney's fees and reimbursement of costs and expenses. On September 14, 2022, defendant filed opposition and on September 19, 2022, plaintiff filed reply. Analysis and findings Lodestar figure In determining reasonable attorneys' fees, the court determines the lodestar figure which is the number of hours reasonably expended multiplied by the reasonable hourly rate f...

Excerpt: ...om the dinner table and proceeded to the restroom. (Ibid.) As he got up from the table, he slipped and fell striking his head and his entire left side on the floor. (Ibid.) Unbeknownst to him, there was a napkin on the floor and, when he stepped on it, it caused him to slip and fall. (Ibid.) The restaurant lights were dimmed and Plaintiff did not see the napkin before he fell. (Ibid.) Plaintiff alleges defendant BJR failed to maintain a safe prem...

Excerpt: ...SJPD”) sold personal property to Plaintiff, which Plaintiff contends was wrongful entrapment. (See FAC, ¶ 12.) Detective Isaac Miramontes, subsequently obtained a search warrant on February 28, 2020 based on his affidavit which Plaintiff contends falsely alleges that Plaintiff had been involved in a prior case of possession of stolen property and that Plaintiff's employee knew that the goods that Detective Martinez sold to Plaintiff were stole...

Excerpt: ...y services, and worked as a psychological assistant supervised by Toren, a psychologist. According to the allegations in the complaint, Doubson sent insulting, disparaging and harassing emails to Kozlova, Kozlova's spouse, Chris Grzeszczak (“Grzeszczak”), and Toren; wrote harassing letters to Kozlova's former attorney; posted disturbing and defamatory reviews on Yelp and Google; filed small claims actions against Kozlova, Grzesczak, and Toren...

Excerpt: ... Ford nor Crown are signatory parties to the RISC. The RISC contains a provision for arbitration of any and all claims and disputes pursuant to the Federal Arbitration Act (“FAA”). On April 29, 2022, plaintiffs filed complaint against Ford and Crown (“defendants”), alleging against Ford causes of action for violation of the Song‐Beverley Consumer Warranty Act, Civil Code sections 1790 et seq. (“Song‐Beverly Act”). Specifically the...

Excerpt: ...ed, and/or labeled ankle monitor. (FAC at Prod. L‐1.) The ankle monitor was sold and distributed in commerce by the State of California Department of Corrections and Rehabilitation (“CDCR”), Satellite Tracking of People LLC, Securus Technologies, and Securus Technologies Inc. (collectively, “Defendants”). (Ibid.) Plaintiff alleges Defendants were negligent in the selection, use, and monitoring of the ankle monitor which caused him injur...

Excerpt: ... Plaintiff received various warranties including the 6.4 liter PowerStroke Diesel Engine Warranty which covers the engine and engine components, as well an emissions warranty for eight years or 80,000 miles. (Id. at ¶ 9.) During the warranty period, the Vehicle contained or developed defects, including but not limited to, defects related to the engine; defects related to the exhaust and emissions system, including the exhaust gas recirculation t...

Excerpt: ... for reconsideration of order filed June 29, 2022 sustaining separate demurrers of defendants City of Campbell (“City”), Julius Nyanda (“Nyanda”) and Mark Robson (“Robson”) to plaintiff's first amended complaint (“FAC”) without leave to amend. The motion is filed June 24, 2022 and amended motion for reconsideration filed August 2, 2022 (collectively “MFR1”). (b) Motion for reconsideration of order filed July 20, 2022 sustainin...

Excerpt: ...ach of covenant of good faith and fair dealing, for violation of Labor Code section 201(a), and for violation of Labor Code section 210 (a)(2). On July 8, 2022, defendant filed the instant motion to compel arbitration and stay litigation. On July 18, 2022, plaintiff filed opposition, and on September 6, 2022, defendant filed reply. Summary of contentions Defendant requests that plaintiff and the claims alleged in the SAC be ordered to arbitration...

Excerpt: ...GA”) forwarded a Letter of Intent to RCA agreeing to purchase and repair the subject property. (See FAXC, ¶ 11, exh. A.) Plaintiff and cross‐ defendant Richard Kwok (“Kwok”) and his wife, cross‐defendant Hien Am Nguyen (“Nguyen”) also contacted IGA regarding investing in the subject property. (See FAXC, ¶ 12.) RCA, IGA, Kwok and Nguyen then discussed a potential joint venture and on August 13, 2016, defendant Jeanie Russell (“Ru...

Excerpt: .... On May 18, 2022, plaintiff served form interrogatories Set 4, requests for admissions set 4, and special interrogatories set 5 on defendant EQR and form interrogatories set 4, requests for admission set 4 and special interrogatories set 6 on defendant Equity. Responses to the discovery were due from each defendant on June 22, 2022. Responses were not served on the due date. On July 14, 2022, plaintiff filed the instant motion to compel response...

Excerpt: ...game with his girlfriend Alma Alicia Castro and friends Erica Neraida Castro and Joel Olvera Rodriguez. (See UMF 8.) Prior to the subject incident, there were no known interactions between the two groups. (See UMF 11.) After watching the game, Decedent walked back to Martin's car through Red Lot 1 and kicked a bottle that was lying on the ground which struck the side of Gonazlez's vehicle. (See UMFs 13‐15.) Gonzales immediately confronted Deced...

Excerpt: ...[Negligent Misrepresentation].) After Plaintiff completed his shopping and put his bags in his vehicle, he was stopped by Mary Cayori (“Cayori”) from the City's police department. (Id. at p. 2.) She detained Plaintiff to determine if he had placed stolen items in his shopping bags. (Ibid.) Plaintiff responded he had a valid receipt for everything and encouraged the officer to review the store's video footage to confirm. (Id. at pp. 2 ‐3.) F...

Excerpt: ...twinds”), in San Jose, California, pursuant to four written ground leases with the master landlord and defendant, The Nicholson Family Partnership (“TNFP”). (FAC at ¶¶ 1, 7.) Westwinds provides affordable, rent‐controlled homes to over 1,600 residents (or “subtenants”), including numerous families with children and residents over 65 years of age, pursuant to their subleases with MHC. (Id. at ¶ 1.) Plaintiff Stacey Winkelmann (“Wi...

Excerpt: ... Michael Weinstock, Marissa Weinstock, and the Weinstock Family Trust in the Spokane County Superior Court in the State of Washington. (Complaint at ¶¶ 5, 34.) The caption of the case was Developers Surety and Indemnity Company v. W&S Investments, Inc., Action Number 13‐2‐03051‐3. (Ibid.) On October 14, 2014, Developers obtained a sister‐state judgment in the Santa Clara County Superior Court (case no. 2014‐1‐ CV‐271852). (Complai...

Excerpt: ... 1.) Thereafter, defendants Nancy Kim and her brother, defendant Timothy Kim, occupied the Subject Property. (Complaint, ¶9.) On or about August 15, 2018, plaintiff Park and defendant Nancy Kim agreed to extend the lease term for an additional six months. (Complaint, ¶10.) Defendant Nancy Kim gave her brother, Timothy Kim, power of attorney to enter into a written lease extension. (Id.) The rent increased to $3,750 per month and the lease expir...

Excerpt: ...proceeding on the same subject. The arbitration also included claims brought by defendant against plaintiff and a third party, who was not a party to the arbitration agreement. The claims of defendant asserted in the arbitration are substantively similar to the claims asserted in the proposed cross complaint which defendant seeks leave to file. On July 21, 2021, plaintiff filed the operative first amended complaint (“FAC”) asserting causes of...

Excerpt: ...) resides in Santa Cruz County and also works for the Santa Clara County Fire Department. (See FAC, ¶ 10.) Vergona has not received the COVID‐19 vaccine. (Id.) Plaintiff Santa Clara County Firefighters 4 Freedom (“SCCF4F”) is an unincorporated association that advocates for civil rights issues, bodily autonomy, medical freedom and other rights, formed specifically to advocate for firefighters in Santa Clara County during the COVID‐19 pan...

Excerpt: ...ly, “Plaintiffs”) filed the form FAC against Defendant, asserting causes of action for negligence, premises liability and loss of consortium. On February 2, 2021, Defendant filed its answer to the FAC, asserting 24 affirmative defenses including the eighth affirmative defense of release of liability. Plaintiffs move for summary adjudication of the eighth affirmative defense. Defendant moves for judgment on the pleadings. I. PLAINTIFF'S MOTION...

Excerpt: ...(collectively, “F&S” or “Company”) are a consultancy that provides its employees with meaningful growth opportunities and career paths. (SAC at ¶ 19.) Defendants Wyman Bravard (“Bravard”) and David Frigstad (“Frigstad”) are Shareholders, Directors, and Officers of the Company. (Id. at ¶¶ 12‐13.) For approximately 40 years, and while acting as principal shareholders at F&S, Frigstad worked in the role of the visionary/strategi...

Excerpt: ... injured as a result of the accident. (See complaint, ¶ 15.) The complaint alleges that at the time of the incident, Morris was acting in the court and scope of his employment with defendant McCarthy Building Companies, Inc. (“McCarthy”). On January 14, 2019, Plaintiff filed a complaint against the State of California Department of Transportation (“Caltrans”), Morris and McCarthy (collectively “Defendants”), asserting causes of actio...

Excerpt: ...ent Rental Co., LLC (Sunstate”) filed the instant motion for protective order to prohibit plaintiff from obtaining certain discovery pursuant to subpoena which Sunstate identifies as items 1 through 4 in the motion (“request for protective orders”). The court will not restate the items here in the interest of brevity. Following consideration of the authority, evidence and argument of counsel in the papers filed in support, opposition and re...

Excerpt: ...‐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. Taproop paid $35,000 and Amar began working for defendant Anjaneyap, Inc. (“AI”) for a 49% interest in AI. In March 2009, Amar realized that they did not have any paperwork demonstrating the interest in AI, ...

Excerpt: ...relief. The matter proceeded to court trial on March 16, 2021, the Hon. Joseph Huber, presiding. A tentative decision was filed, followed by statement of decision which was adopted, and judgment was entered on September 13, 2021 in favor of plaintiffs and against defendant. The judgment included an award of plaintiffs' costs, according to proof. On March 4, 2022, order was entered awarding plaintiffs attorneys' fees of 144,946 against defendant. ...

Excerpt: ...order of January 17, 2020. On May 16, 2022, defendant demanded that the parties arbitrate the dispute pursuant to a provision for arbitration contained in a document “General Terms and Conditions of Sale” (“arbitration provision”) which defendant asserts was agreed to by plaintiff and defendant. Defendant demanded plaintiff stipulate to arbitration of plaintiff's claims asserted in the complaint, and plaintiff declined. On May 19, 2022, d...

Excerpt: ...ilure to protect passenger from assault. On May 24, 2022, Uber filed the instant motion to require non‐resident plaintiff to file an undertaking pursuant to Code of Civil Procedure section 1030. On August 5, 2022, plaintiff filed opposition and on August 11, 2022, Uber filed reply. Summary of contentions Uber asserts that plaintiff is a non‐resident of California and requests an order requiring plaintiff to file an undertaking for Uber's esti...

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: ...he negligent driving of a vehicle which hit decedent‐pedestrian causing decedent's death. The plaintiffs were not involved in or present at the collision that caused the death of the decedent. Two of the plaintiffs are adults. The three plaintiffs are represented by the same attorney, and plaintiffs settled their claims at mediation. On June 16, 2022, the guardian ad litem for the minor filed the instant petition for approval of compromise of c...

Excerpt: ...uary 9, 2016, La Encina and Group One entered into an agreement in which Group One would perform certain construction work on La Encina's property in exchange for $3,900,000. (See La Encina cross‐complaint, ¶¶ 10‐11.) Group One breached the contract, failing to pay subcontractors, suppliers and laborers within 7 days after receipt of payment from La Encina, failing to hold payments received from La Encina for the benefit of subcontractors, ...

Excerpt: ...otions to strike demurrers filed July 22, 2022, and will not restated in its entirety here in the interest of brevity. Current motion On September 29, 2020, plaintiff filed the operative first amended complaint (“FAC”) in this action alleging 11 causes of action against defendants Bradford Baugh (“Baugh”), Thomas Kenefick and Jeanne Schmidt (“Schmidt”). On November 19, 2020, Baugh filed a special motion to strike the FAC. On November ...

Excerpt: ... husband of Plaintiff, obtained a temporary domestic violence restraining order (“TRO”) against Plaintiff, and Plaintiff was arrested and criminally prosecuted and convicted for her violation of that TRO. (See FAC, ¶¶ 10‐11.) Defendant filed for divorce in 2009, and later obtained child and spousal support, which was subsequently enforced through the Department of Child Support Services (“DCSS”). (See FAC, ¶ 5.) In February 2017, Pla...

Excerpt: ... entry of dismissal with prejudice, and on March 25, 2022, notice of entry of judgment served on the parties. On March 25, 2022, order was filed granting defendants' motion to expunge lis pendens and ordering plaintiffs to pay attorneys' fees to defendants in the amount of $25,364. On June 3, 2022, notice of entry of order was filed of order denying plaintiffs' motion for new trial, reconsideration, or relief pursuant to Code of Civil Procedure s...

Excerpt: ...ooding event that went undetected and unmitigated through the evening and the morning of June 3, 2018, causing damage to the premises of which Plaintiff was the tenant. (See complaint, ¶¶ 15‐16.) On May 31, 2019, Plaintiff filed a complaint against TPx for property damages and business interruption. On March 25, 2022, TPx filed a form cross‐ complaint (“XC”) against cross‐defendant Honeywell International Inc. (“Honeywell”), asser...