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: ...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...