Excerpt: ...losure. According to the first amended complaint (“FAC”), plaintiffs Ron V. Ronen (“Ronen”) and Alexa Ada‐Saucedo (collectively, “Plaintiffs”) (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,...

Excerpt: ...l property, and by December 2012, the bank was threatening to foreclose. (See complaint, ¶ 8.) Bridge Bank was willing to extend the loan for 12 months if BSP paid down the principal by $2.5 million. (See complaint, ¶ 9.) Lacking the funds, Defendant approached Quang V. Luong (“Luong”), and on December 21, 2012, Luong loaned BSP $2.75 million for 12 months, with repayment in December 2013. (Id.) In July 2013, Nguyen and Luong entered into a...

Excerpt: ...ttorneys' fees incurred in actions to enforce the note or in matters related to the note. Plaintiff fell into default in payments due on the loan, and on October 30, 2020, plaintiff and defendants entered into a Forbearance Agreement that provided a delay in foreclosure proceedings, so long as plaintiff made certain payments, including amounts due under the note. The Forbearance Agreement also has a provision for recovery of attorneys' fees. Plai...

Excerpt: ...ril 13, 2018, Plaintiff received a complaint of harassment and bullying from a Muslim Pakistani subordinate of his by a Sikh Indian supervisor at Micron. (See complaint, ¶ 13.) On April 18, 2018, Plaintiff forwarded his subordinate's complaint to Plaintiff's supervisor, Prakash Jayapal, a Sikh Indian, for investigation. (See complaint, ¶ 14.) By the next day, April 19, 2018, Plaintiff's subordinate apprised Plaintiff that Micron had reprimanded...

Excerpt: ... plaintiff SI 38, LLC (“plaintiff”) against defendant, in connection with the premises leased by plaintiff to defendant. On or about November 30, 2005, defendant and plaintiff's predecessor in interest, FBJ Management, Inc., entered into a lease whereby defendant leased space in a shopping center at 20640 Homestead Road in Cupertino, CA (“original lease” and “premises” depending on context). The lease was for a term of 10 years with t...

Excerpt: ....) The lease provided for an initial term of 10 years with 4 consecutive 5‐year renewal options. (Id.) Section 1.5.3 of the Lease states: 1.5.3 Termination for Failure of Use. If for any reason other than (a) as set forth in the Declaration, Title Commitment, Survey, or the Existing Exclusives, or (b) a cause within Tenant's control, Tenant is not able to operate for business in and from the Premises for the Authorized Use described in Section ...

Excerpt: ...t, and disinherited Angelo. While it now appears uncontested that a special needs trust in which Anthony is beneficiary (“SNT”) is a beneficiary of the Trust pursuant to the Fifth Amendment, the issue in the instant motion is whether the interests of Anthony and Angelo pertaining to the Fifth Amendment are in conflict such that plaintiffs' legal counsel should be disqualified from concurrent representation of Anthony and Angelo. On October 26...

Excerpt: ... in Mountain View, at which a number of businesses operate, including a Safeway supermarket. (See complaint, ¶ 15.) On November 21, 2018, at around 8:50 pm, plaintiff Nelly Luisa Amador (“Plaintiff”) parked her vehicle at an available handicap parking spot near the Safeway supermarket, exited her vehicle, and made her way to the supermarket; however, she tripped over a concrete parking space block that was placed within the handicap parking ...

Excerpt: ...iled reply. Hearing was set for February 1, 2022. The court found good cause for continuance of the hearing to consider the opposition and provide defendants opportunity to file reply. Defendants do not challenge that default and default judgment have been entered against them in this action, the latter occurring on June 13, 2016. Defendants assert that neither the individual defendant Kethineni, nor the entity defendant Neelinfo was served with ...

Excerpt: ...se considerations of the parties, the ruling at the hearing of March 1, 2022 addresses all motions to compel set on the three dates. Calendar lines 2‐5 concern the special interrogatories and request for production of documents served on plaintiffs Rodolfo Arevalo and Rosemarie Arteche Clemente, and the responses served by each plaintiff, identical in substance, which defendant considered deficient, resulting in the filing of the instant motion...

Excerpt: ...ted by plaintiff Van Tran (“Tran”). (Complaint at ¶ 1.) As a result of the collision, plaintiff Selck suffered multiple catastrophic injuries including spinal fractures, a femoral neck fracture, a clavicle fracture, rib fracture, foot fracture, and other injuries. (Ibid.) At the time of the collision, plaintiff Tran was covered by an automobile insurance policy issued by defendant Geico Casualty Company (“GEICO”), with liability limits o...

Excerpt: ...and assault and battery civil rights violated. The action involves an incident at defendant Macy's store in Palo Alto, CA on December 23, 2015, in which plaintiff was arrested and charged by the Palo Alto police department for violation of Penal Code sections 69 resisting arrest and 1203.2 probation violation (“incident”). Plaintiff asserts that he was the victim in the incident, and was racially profiled and attacked by the responding police...

Excerpt: ...plaintiff's performance of the contract and that a sum is due to plaintiff. On August 31, 2021, defendant filed the instant demurrer to plaintiff's complaint. The demurrer is a special demurrer filed on the ground that plaintiff does not have the legal capacity to sue. Subdivision (b) of Code of Civil Procedure section 430.10. Amended notice of hearing is on file. No opposition to the demurrer has been filed. Request for judicial notice Defendant...

Excerpt: ...' 91‐year old mother, Ressurrection “Rosie” Arevalo Arteche (“plaintiffs' mother”) entrusted defendant to hold the plaintiffs' mother's cash in five envelopes totaling $25,300 while plaintiffs' mother travelled abroad. The full amount was not returned to plaintiffs' mother after she returned from traveling. A deficiency of $16,200 forms the basis of the lawsuit. On June 23, 2021, defendant propounded identical sets of special interrogat...

Excerpt: ...deed of trust on real property located at 505 Las Coches Ct. in Morgan Hill. (Complaint at ¶ 11, Ex. A.) Plaintiff Sandra Harmon (“Plaintiff”) signed the agreement as Director of Arttec. (Ibid.) The deed of trust named Western Resources Title as the trustee, and CFS as the beneficiary. (Ibid.) On October 11, 2018, an assignment of the deed of trust was recorded, naming Civic Holdings I Trust (“Trust”) c/o Fay Servicing, LLC (“Fay”) a...

Excerpt: ... hearing, plaintiff requested that the court rule on each interrogatory, primarily for a record of rulings on general objections and objections to each request in response and amended response of defendant set forth in defendant's amended responses to plaintiff's request for production, set one. After consideration of the authority and argument of counsel set forth in the papers filed in support, opposition and reply, the court issues the followi...

Excerpt: ...that the term “warranty repairs” is vague, ambiguous, and overbroad is OVERRULED. While defendant may answer the SI by specifying writings where the answer can be derived or ascertained, here the response lacks sufficient detail to permit the propounding party to locate and identify the answer to the SI. The motion to compel further response to the interrogatory is GRANTED. Defendant shall serve a further response to the SI, without objection...

Excerpt: ... for plaintiff's deposition at the office of attorneys for defendant or be permitted to appear remotely via Skype or other platform. Subdivision (a) of Section 2025.310 permits the deposition officer/reporter to appear at the deposition remotely at the election of either the deponent or deposing party, and expressly provides that the deponent is not required to be physically present at the same location with the deposition officer/reporter. While...

Excerpt: ...ue, in Sunnyvale, California (the “Property”) which is Plaintiff's primary residence. (Complaint at ¶ 11.) In May 2007, Plaintiff obtained a loan in the amount of $330,000 from Washington Mutual Bank, FA (“WAMU”), secured by a Deed of Trust against the Property. (Ibid.) The subject loan was assigned multiple times resulting in a constant revolving door of loan beneficiaries and servicers. (Complaint at ¶ 14.) Within a few years of Plain...

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: .... (Id.) In October 2020, Decedent developed signs and symptoms of infection, including chills, a fever, increasing confusion and other symptoms. (Id.) Plaintiff Alice Mohorko‐Lotter (“Plaintiff”) spoke with Decedent on the telephone and noted her increased confusion to staff; however, there is no documentation or evidence that the staff took any steps to follow up on these signs and symptoms, or reported them to her physician. (Id.) Deceden...

Excerpt: ...�) entered into a written lease agreement (the “Lease Agreement”). (Complaint at ¶ 7.) Under the Lease Agreement, defendant Mosaic agreed to lease certain premises located at 3595 Stevens Creek Blvd. in Santa Clara, California, for a term of approximately two (2) years and two (2) months, beginning on or about November 1, 2019, and ending on or about December 31, 2021. (Ibid.) In connection with the Lease Agreement, defendant Eyekick Visual,...

Excerpt: ...or the services. Defendant breached the contract by failing to pay for services. It is further alleged that on January 14, 2014, defendant executed a written guaranty and addendum to the contract. The complaint alleges three causes of action for breach of the written engagement agreement, breach of the written guaranty agreement and for successor in interest. Trial is set for March 21, 2022. On December 21, 2021, plaintiff filed the instant motio...

Excerpt: ...e 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 ...

Excerpt: ... 9, 2020. On November 9, 2021, plaintiff filed the instant motion to disqualify Sheppard, Mullin, Richter & Hampton (“SMRH”) as attorneys for defendant, strike answer of defendant, and for sanctions. On February 3, 2022, defendant filed opposition, and on February 8, 2022, plaintiff filed reply. Summary of contentions Plaintiff asserts that SMRH represents VMware in another, unrelated lawsuit, Awadallah v. VMware, Inc., filed with the Santa C...

Excerpt: ..., 2019, defendants filed a memorandum of costs. Plaintiffs appealed the anti‐SLAPP order, and on July 7, 2021, the Court of Appeal issued its opinion affirming the order (modified on August 11, 2021). Defendants are awarded their costs on appeal. On September 30, 2021 the Court of Appeal issued a remittitur which was amended on October 5, 2021. On October 28, 2021, defendants filed a second memorandum of costs on trial, and a memorandum of cost...

Excerpt: ...2, 2021, defendant filed the instant motion to vacate judgment. On February 3, 2022, plaintiff filed opposition. No reply is on file. Analysis The case involves entry of default of defendant and judgment on the default which is sought to be vacated by defendant. Under these circumstances, subdivision (b) of Code of Civil Procedure section 473 authorizes relief from default if the moving, defaulting party shows that the default was taken through t...

Excerpt: ...n for breach of promissory note, breach of contract and fraud. The action arises out of a loan from plaintiff to WRP for improvement of a real property in Mountain View, CA, a contract related to the project and representations of defendants made to plaintiffs related to the project and the experience and financial condition of WRP. Apparently, the project was not completed, the subject property went into foreclosure, and the loan was not repaid....

Excerpt: ...a Clara County Superior Court case no. 20CV370960 against plaintiff for equitable relief of set aside of the August 4, 2017 (“separate action”). Pursuant to an unsuccessful special motion to strike of First National Bank, Dong was awarded attorneys' fees of $2,200 against First National Bank (“attorneys' fee award”). The separate action is pending. Present motion and summary of contentions On November 19, 2021, plaintiff filed the instant...

Excerpt: ...nts, including Doe Defendants, is responsible for the alleged occurrences. (See complaint, ¶ 6.) Shortly after moving in, Plaintiff was harassed by his neighbors and was bothered by door slamming. (See complaint, ¶ 10.) On October 9, 2020, Plaintiff submitted a form request for reasonable accommodations requesting to be moved to another unit in the building as a reasonable accommodation of his disability. (See complaint, ¶ 11.) Defendants fail...

Excerpt: ...to timely and fully pay Group One $3.9 million plus Change Orders in exchange for Group One's performance of the contract. (Id.) The contract was signed by cross‐defendants Jen Hao Richard Chen (“Chen”), Sheena Chang (“Chang”) and Chung Yeh (“Yeh”) as owners of La Encina. (See SAXC, ¶ 18.) Prior to entering the contract, Foust questioned Chen, Chang and Yeh about La Encina's ability to pay for Group One's services under the contrac...

Excerpt: ...ardi”) was the general contractor retained to construct, design and develop the hotel rooms at Palmetto. (See FAC, ¶ 11.) 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 FAC, ¶ 24.) Plaintiff necessit...

Excerpt: ...m referred to only a circumcision; however, Wherry proceeded to perform a partial penectomy on Bobby Joe. (See complaint, ¶ 6.) On July 23, 2021, plaintiffs Bobby Joe and Lorraine Smith (collectively, “Plaintiffs”) filed a complaint against Defendants, asserting causes of action for: 1) Medical negligence; 2) Medical battery; 3) Elder abuse; 4) Violation of the Consumer Legal Remedies Act; and, 5) Loss of consortium. Defendants demur to the ...

Excerpt: ...alt”), a California corporation. (TAC at ¶ 12.) Tigadi left the company in 2010 and his shares were distributed equally between Sahai and Bilugu. (Ibid.) In December 2012, Sahai and Bilugu created a shell entity, eGestalt Technologies, a Delaware corporation (“eGestalt‐Del”). (TAC at ¶ 13.) In March 2015, the eGestalt‐Del was renamed Aegify, Inc. (“Aegify”). (TAC at ¶ 15.) On February 1, 2010, Aegify made an offer of employment t...

Excerpt: ... defendant Silicon Valley Academy Project [sued herein as Silicon Valley Academy and Silicon Valley Academy Project (SVA Project)] (“SVAP”). According to the operative second amended complaint (“SAC”), on May 11, 2018, a student hit plaintiff Azzam, a minor, on the head with a shovel on the premises of defendant SVAP during school hours. (See SAC at BC‐2, GN‐1.) The alleged student had a history of violent behavior and had access to d...

Excerpt: ... Office products, including licenses to Microsoft Office 365 (“Office 365”). (Ibid.) Defendant Synnex Corporation (“Synnex”) is an IT distribution and customer care outsourced services provider. (FAC at ¶ 15.) Synnex is the largest and most cost‐effective distributor of Office 365 for small businesses like MCS, and is Microsoft's preferred distributor of Office 365. (Ibid.) In early 2016, MCS and Synnex entered into an agreement, which...

Excerpt: ...itten discovery and depositions of parties and witnesses, including experts. Trial was initially set on April 13, 2020, but was 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 pursuant to ex parte application for order shortening time to hear the instant motion and companion motion for leave to amend expert witness disclosure. A further case manag...

Excerpt: ...e a 40% ownership interest in Crossland in exchange for $4,000.000, and Heng Huang (“Huang”) would receive a 2% ownership interest in exchange for a capital contribution of $200,000. (See complaint, ¶ 5.) The shareholder agreement provided that each Crossland shareholder would make respective capital contributions in installments in September 2018, October 2018, March 2019 and March 2020, and that Crossland's Board of Directors would be comp...

Excerpt: ...judgment issued and was recorded with the Santa Clara County Recorder's Office (“SCC Recorder's Office”). Defendants unsuccessfully appealed the summary judgment, and on July 10, 2014, a second abstract of judgment (“2014 abstract”) was issued and recorded on July 24, 2014 with the SCC Recorder's Office. On August 23, 2021, plaintiff‐judgment creditor filed application for and renewal of judgment. On August 30, 2021, judgment creditor d...

Excerpt: ...�Kyles defendants”) owned all of the shares of plaintiff Recycling Specialists, Inc. (“RS Inc.”). (See complaint, ¶ 9.) Plaintiff Recycling Specialists, LLC (“RS LLC”) and the Kyles defendants discussed the sale of RS Inc. and RS LLC reviewed the operations and financial information provided by the Kyles defendants and their accountant, defendant Johansen & Yau Accountancy Corp. (“J&Y”). (Id.) Specifically, the Kyles defendants inf...

Excerpt: ...mother and son, jointly own real property located at 2145 Chona Court in San Jose, California (“Ascarie Property”). (See FAC at ¶ 8.) Plaintiff Shayon was married to Jeanna Ascarie2 (“Jeanna”) but the two are currently involved in a dissolution proceeding in Santa Clara County. (Id. at ¶ 7.) On May 16, 2019, an action was filed in Santa Clara County in connection with the Ascarie Property involving an easement dispute (the “Easement A...

Excerpt: ...laron and Glorino Fularon (collectively, “Cross‐Complainants”) and cross‐defendants Maribel Ramirez, Catalina Dizon, and Antonio Dizon (collectively, “Plaintiffs” or “Cross‐Defendants”) entered into a Joint Venture and oral agreement to purchase the Subject Property. (Cross‐Complaint at ¶¶ 18‐20.) Under the agreement, the parties would contribute towards the down payment for purchase of the Subject Property. (Id. at ¶ 21....

Excerpt: ...s disputed in the instant motion whether Anthony is a beneficiary or is disinherited. On October 26, 2020, plaintiffs Angelo and Anthony (collectively “plaintiffs”) filed complaint against defendant Michael Agustine in connection with the fifth amendment, alleging causes of action for financial elder abuse, intentional interference with expected inheritance, fraud, unjust enrichment, constructive trust, damages and attorney's fees pursuant to...

Excerpt: ...Colkitt, Lore Flickinger and Joanne Russell (“defendants”). The complaint alleges four causes of action for elder abuse and neglect, violation of patient rights, negligence and wrongful death. On September 16, 2021, Valley House filed the instant motion to compel arbitration and stay proceedings. On December 29, 2021, plaintiffs filed opposition, and on January 6, 2021, Valley House filed reply. Valley House is a skilled nursing facility. On ...

Excerpt: ...greement with Defendants where the parties would each contribute 50% of the cost to co‐purchase and co‐own 38 vehicles costing $262,286.00 at auction and then resell them at a profit on a weekly basis. (See SAC, ¶¶ 1, 9.) The profits would be divided each week equally between Plaintiff and Defendants, with each taking the profit or rolling it over into the sales the following week. (See SAC, ¶ 9, subpara. C.) Pending their sale, the subjec...

Excerpt: ...r than dismissing it without prejudice.” On May 6, 2021, the Court of Appeal, Sixth Appellate District issued ruling finding that it had no jurisdiction over the appeal, dismissing the appeal on that basis and ordering that “(T)he parties shall bear their own costs.” On August 12, 2021, defendants submitted for filing the instant motion for attorneys' fees and costs. Filing was rejected by the clerk of court, and the court granted defendant...

Excerpt: ...se for $182,000. (See SAC, ¶ 8.) While SKW Capital contracted for the services with EAD, the subject property which benefitted from the services was held in the name of defendant SKW San Jose LLC (“SKW San Jose”). (See SAC, ¶ 9.) SKW San Jose would later make all payments to EAD for services rendered at the subject property and SKW San Jose, SJW Capital and defendant SKW One, LLC (“SKW One”) are the alter ego entities of defendant Sid W...

Excerpt: ...s is a member. Sommers died during the pendency of the action, and no successor in interest has appeared in the action. No opposition is filed by plaintiffs. Request for judicial notice Defendants' request for judicial notice of plaintiffs' complaint filed in this action (Exhibit 1), defendants' motion for terminating and monetary sanctions for plaintiffs' refusal to comply with discovery orders (Exhibit 2), and judgment filed in this action on J...

Excerpt: ...ure, Huan amputated a large part of Luke's penis, failed to mitigate the injury, failed to preserve the amputated tissue in a timely manner, and failed to make a timely effort to arrange for reattachment of the tissue, thereby causing injury and requiring additional surgery to reattach the amputated tissue. (See FAC, ¶¶ 20, 21, 25‐26.) Luke is still recovering from that surgery and may require further surgeries in the future. (See FAC, ¶ 25....

Excerpt: ...o a written contract with defendant Eyedetec Medical, Inc. (“Eyedetec”) and its president and chief executive officer, Barry Linder (collectively, “Defendants”). (FAC at ¶¶ 2‐3, 7.) The agreement was for the design and development of a console control system for an electronic medical device called EyeGiene Lipid Mobilizer System, intended for the treatment of eye disorders. (Id. at ¶ 7.) In December 2018, plaintiff EMS entered into a...

Excerpt: ...ndant. BASM and Payroll remain as defendants in the operative second amended complaint, and are referred to collectively in this tentative ruling as “defendants”. On November 22, 2021, defendants filed the instant motion to compel further testimony and production of documents by plaintiff's Person Most Qualified (“PMQ”), and ex parte application for order shortening time for hearing was granted. On December 10, 2021, plaintiff filed oppos...

Excerpt: ...craft initially had difficulty starting its left engine, but after deplaning the passengers twice, Hijazi and Does 1‐20 were able to start the engine. (See complaint, ¶ 14.) Although Hijazi and Does 1‐20 were given IFR instructions multiple times by the air traffic/ground controllers at RAL, Hijazi and Does 1‐20 were confused and disoriented by the communications, requiring progressive tax instructions to reach the active runway. (See comp...

Excerpt: ...aranteed the tenant's performance of its obligations under the lease to the premises, including the payment of rent. According to plaintiff, tenant continued in possession of the premises, and vacated the premises in late April 2021. From the date of filing of plaintiff's complaint to the date the tenant vacated the premises, plaintiff contends that tenant continued to fail to pay all rent when due, increasing the amount of damages to plaintiff. ...

Excerpt: ...filed complaint against defendant alleging causes of action for violations of the California Fair Employment and Housing Act (“FEHA”) for disability discrimination, failure to engage in the interactive process, failure to provide reasonable accommodations, and retaliation. The complaint includes an allegation that “As a direct and proximate result of the unlawful actions committed by defendant as described herein, Plaintiff has suffered and...

Excerpt: ...le to reach a resolution. On December 5, 2019, plaintiff filed complaint against defendant in this action, alleging violations of the Song‐Beverly Act (“Song‐Beverly”). On February 13, 2020, defendant served an offer to compromise pursuant to Code of Civil Procedure section 998 (“first 998 offer”) in the amount of $66,500 which was not accepted by plaintiffs and expired. On January 5, 2021, defendant served a second offer to compromis...

Excerpt: ...fendant's counsel acknowledged that plaintiff had filed and served a companion motion for relief from waiver of objections in connection with defendant's discovery requests. The court was not aware of the filing, and therefore, hearing on defendant's motions on the discovery requests were continued to the instant hearing, and deemed submitted on the continued hearing date, in order to consider defendant's companion motion. Following consideration...

Excerpt: ...mance, and declaratory and injunctive relief in connection with a written contract for the purchase of shares/membership units (“shares”) in 5150 ECR Group LLC (“ECR Group” and “purchase agreement”). On March 25, 2021, a written settlement agreement was signed by plaintiff and defendant resolving the lawsuit between plaintiff and defendant only (“settlement agreement”). The settlement agreement provides for payments from defendant...

Excerpt: ...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 Drive. (FAC at ¶ 15.) Plaintiff Wang subsequently tran...

Excerpt: ...nd depositions of parties and witnesses, including experts. Trial was initially set on April 13, 2020, but was 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 pursuant to ex parte application for order shortening time to hear the instant motions of plaintiff. A further case management conference is set on February 8, 2022. Current motions On Augus...

Excerpt: ...ceived 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 that, in turn, the harassing and...

Excerpt: ...Raymond Handley 1992 Trust (the “Trust”). (Complaint at ¶ 1.) The Trust held a 43.12325% interest in the limited partnership known as the Renault & Handley Oakmead Solar Joint Venture Limited Partnership (the “Partnership”). (Ibid.) The Partnership has its principal place of business in Palo Alto, California. (Id. at ¶ 3.) The Handley Management Corporation (“HMC” or the “General Partner”) is the general partner of the Partnersh...

Excerpt: ...May 31, 2019, plaintiff filed complaint against defendant alleging a single cause of action for negligence. On October 15, 2019, plaintiff served defendant with form interrogatories, set one; special interrogatories, set one; and request for production of documents, sets one. On December 4, 2019, defendant served responses to the discovery requests. On September 11, 2020, defendant served an amended response to the request for production of docum...

Excerpt: ...ts on the hallway floor. As a result, plaintiff sustained injuries to his back, knees, and shoulder. On June 18, 2018 defendant Milpitas Mills Limited Partnership served plaintiff with form interrogatories, special interrogatories and request for production of documents. Plaintiff failed to serve timely responses to the discovery requests. On October 17, 2018, defendant Milpitas Mills Limited Partnership filed motion to compel further responses f...

Excerpt: ...ct; (4) Breach of Fiduciary Duty; and (5) Conversion. According to the allegations of the complaint, in 2016, plaintiff Calisi retained defendant Dunham Associates CPAs, Inc. (“Dunham CPA”) to perform bookkeeping and tax services for both plaintiff individually, and Odeum. Defendants Dunham CPA and Rick D. Dunham (“Dunham”) (collectively, “Defendants”) agreed to perform bookkeeping and accounting services for the fiscal years 2016, 20...

Excerpt: ...�Kyles defendants”) owned all of the shares of plaintiff Recycling Specialists, Inc. (“RS Inc.”). (See complaint, ¶ 9.) Plaintiff Recycling Specialists, LLC (“RS LLC”) and the Kyles defendants discussed the sale of RS Inc. and RS LLC reviewed the operations and financial information provided by the Kyles defendants and their accountant, defendant Johansen & Yau Accountancy Corp. (“J&Y”). (Id.) Specifically, the Kyles defendants inf...

Excerpt: ... Plaintiff has owned and resided in with his family since 1990. (Ibid.) Plaintiff allegedly signed a Promissory Note for a Home Equity Line of Credit in the amount of $40,500 (“Note”) where he was the trustor and First Magnus Financial Corporation (“First Magnus”) was the original beneficiary. (Complaint at ¶ 6.) In connection with the Note, Plaintiff signed a Deed of Trust secured by the Property and recorded on September 8, 2006 to the...

Excerpt: ...ubpoena for business records. The subpoena seeks production of cell phone records for a phone used by plaintiff over a period of hours on the day of the incident which is the subject of the lawsuit. Sprint has refused to produce the records, unless it receives customer authorization or is ordered by the court pursuant to provisions of the Public Utilities Code. The customer of Sprint for the cell phone number is a non‐party, and the papers in s...

Excerpt: ...ctured and/or distributed by defendant GM. (Complaint at ¶ 8.) In connection with the purchase, Plaintiffs received various warranties including, but not limited to, a 3‐year/36,000‐mile express bumper to bumper warranty, a 5‐year/100,000 mile express powertrain warranty which covers the engine and transmission. (Complaint at ¶ 9.) The warranty provided, in relevant part, that in the event a defect developed with the subject Vehicle durin...

Excerpt: ...and Elaine Gallun, individually and as trustee of the Gallun 2002 Revocable Trust (collectively, “Defendants”), to drive across the corner of the property to be purchased at 19605 Redberry Drive in Los Gatos (“Oswalt property”), in exchange for the owners of the Oswalt property were allowed to trim trees on the Gallun property so that no trees blocked the city view from the first story of the existing ranchstyle home on the Oswalt propert...

Excerpt: ...de, in exchange for payment, materials testing and inspection services to support BWI's construction of levees for the Lower Berryessa Creek Flood Protection Project (“Project”) for the Santa Clara Valley District (“District”). (Complaint at ¶ 4, Ex. A.) Under the Agreement, Twining provided materials testing and inspection services. (Complaint at ¶ 6.) Among other things, Twining performed laboratory tests to determine whether soil mat...

Excerpt: ... Timothy Manderson (“Timothy”), driving a vehicle owned by his parents, defendants Michelle and Barry Manderson, crashed into Dickson and O'Neill, while driving under the influence. (See UMFs 4, 7‐8.) Both Dickson and O'Neill (collectively, “Plaintiffs”) suffered extensive injuries requiring multiple surgeries, weeks of hospitalization and therapy and months of confinement to a wheelchair. (See Pl.'s separate statement of additional mat...

Excerpt: ...uals residing in Santa Clara County. (Id. at ¶¶ 2‐3.) Plaintiffs Neil, Anne, and Addison are collectively identified as “Plaintiffs.” Defendant WRP Properties, LLC (“WRP”) is a California limited liability company doing business in Santa Clara County. (Complaint at ¶ 4.) Defendant Stead Financial, Inc. (“Stead Financial”) is a California limited liability company doing business in Santa Clara County and the managing member of WRP...

Excerpt: ...atton, KSST, KSBT and TSGT reached an agreement wherein KSST, KSBT and TSGT agreed to transfer all their respective membership interest in Samos—75% in total—to Stratton in exchange for $3,000,000. (See complaint, ¶ 10.) The parties to this transaction approached Daniel J. Mash (“Mash”) of plaintiff McPharlin Sprinkes and Thomas LLP (“Plaintiff”) to prepare an agreement to facilitate the transaction. (See complaint, ¶ 11.) Mash prep...

Excerpt: ... complaint (“FAC”) to add three causes of action. The three causes of action arise from two incidents, each separate from the subject incident that occurred at San Jose International Airport, and separate from each other, one that occurred on December 8, 2019 d at an airport in Miami, Florida and the other that occurred on January 29, 2020 at an airport in Washington D.C. In all events, it is alleged that Signature damaged aircraft owned by i...

Excerpt: ... alleges nine causes of action arising from plaintiff's membership interest in Rosemead, limited partner interest in Monument 3, Realty 7, Monument 3, Realty 8, Willowbend Apartments and Willowbend Hwang, and alleged breach of fiduciary and statutory duties owed to plaintiff, and violations of the Corporations Code. The complaint seeks compensatory damages, punitive damages, accounting, declaratory relief and attorney fees. On August 13, 2021 pla...

Excerpt: ... alleges nine causes of action arising from plaintiff's membership interest in Rosemead, limited partner interest in Monument 3, Realty 7, Monument 3, Realty 8, Willowbend Apartments and Willowbend Hwang, and alleged breach of fiduciary and statutory duties owed to plaintiff, and violations of the Corporations Code. The complaint seeks compensatory damages, punitive damages, accounting, declaratory relief and attorney fees. Motion to quash subpoe...

Excerpt: ...sustain a deviated septum, and suffer a traumatic brain injury. The injuries and resulting trauma and symptoms alleged in the complaint are summarized in the minute order of April 15, 2021, and will not be restated here. Plaintiff and defendant each have a motion to compel discovery set for hearing. Plaintiff's motion to compel On April 12, 2021, plaintiff filed the instant motion to compel defendant to provide further response to request for adm...

Excerpt: ...e (“Opa Verde”). On November 18, 2014, Kaddu filed first amended complaint adding Arlette Gauze and Remy Sanouillet as cross defendants (“Sanouillets”) On August 4, 2015, Kaddu filed a third amended cross complaint (“TAXC”). The TAXC alleged that Cornet and Opa Verde breached a written contract entered into with Kaddu, that Sanouillets were liable for the breach of contract on theories of alter ego of Opa Verde, and that Kaddu was ent...

Excerpt: ...at real property located at 121 Vista Del Lago in Los Gatos, California. (Complaint at ¶¶ 6, 31.) Plaintiff Ronen purchased the subject property on January 28, 1994. (Id. at ¶ 31.) While difficult to determine, Plaintiffs allege multiple defendants, including mostly banks and other financial institutions, intentionally conned, tricked, and maliciously deceived plaintiff Ronen into signing fraudulent documents and instruments in connection with...

Excerpt: ...urchase contract contains a provision for arbitration of disputes. On January 8, 2021, plaintiff filed complaint against defendant for violations of the SongBeverley Consumer Warranty Act, alleging three causes of action for violations of separate subdivisions of Civil Code section 1793.1, a cause of action for breach of express warranty (Civil Code sections 1791.2(a) and 1794), and a cause of action for breach of implied warranty of merchantabil...

Excerpt: ... federal courts with jurisdiction over disputes arising in Palo Alto, CA are the forums to adjudicate disputes under the agreement. The offer and confidentiality agreement are considered by the parties to be an integrated employment agreement (“employment agreement”). These facts are largely undisputed. Thereafter, upon commencement of employment, defendant presented plaintiff with several documents, including a dispute resolution protocol ag...

Excerpt: ...ed GCI out of bankruptcy, with Swallow and the Lunardis as equal 50% shareholders. (See UMF 2.) From 2007 until June 9, 2017, Swallow owned 12,500 shares of GCI, and the Lunardis or the Lunardi Family Living Trust (“Lunardi Trust”) owned the remaining 12,500 shares. (See UMF 3.) From 2007 until June 26, 2016, Swallow, Peter and Jeanine comprised GCI's Board of Directors. (See UMF 4.) On July 1, 2008, GCI elected to become a subchapter S corpo...

Excerpt: ..., Plaintiff may be a “debt buyer.” (Ibid.) Defendant Juan Cano Salcedo (“Defendant”) is an individual who owns and lives at 1549 Mt. Palomar Drive in San Jose, California. (Complaint at ¶ 2.) Defendant is also the former owner of property located at 3025 Horsetail Drive in Stockton, California (the “Property”). (Id. at ¶ 5.) On February 7, 2007, Defendant opened a home equity line of credit in the maximum amount of $45,000 with Nati...

Excerpt: ...nswer to reply. After considering the authority and argument of counsel and defendant in the papers filed in support, opposition, reply, and answer to reply, and further considering the further responses filed by defendant, the court makes the following tentative ruling. Form Interrogatory no. 15.1 The objections of defendant are OVERRULED, and the in the initial response is evasive, incomplete and is not in compliance with the Code of Civil Proc...

Excerpt: ...s the proxy or agent of state labor law enforcement agencies, representing the same legal right and interest as those agencies, in a proceeding that is designed to protect the public, not to benefit private parties. Villacres v. ABM Industries Inc. (2010) 189 Cal. App. 4th 562. The purpose of PAGA is not to recover damages or restitution, but to create a means of “deputizing” citizens as private attorneys general to enforce the Labor Code; th...

Excerpt: ... began dating and Battaglia shortly thereafter moved into Koechlin's home in Los Gatos. (FACC at ¶ 7.) Battaglia portrayed himself as a man of means who lived a luxurious lifestyle, purchasing expensive tickets to sporting events and travel. (Id. at ¶ 9.) He also created an image to fit the part of a well‐spoken, well‐dressed, and well‐traveled businessman. (Ibid.) During the first year after Battaglia moved in, Koechlin paid nearly all t...

Excerpt: ...1, 2019, plaintiff filed complaint against defendant alleging a single cause of action for negligence. On October 15, 2019, plaintiff served defendant with form interrogatories, set one; special interrogatories, set one; and request for production of documents, sets one. On December 4, 2019, defendant served responses to the discovery requests. On September 11, 2020, defendant served an amended response to the request for production of documents,...

Excerpt: ... 11989 Magdalena Avenue in Los Altos Hills (“Bikle property”), adjacent to the McNish property. (See FAC, ¶ 3.) Indu Singla and Chandra Singla reside at and are the owners of 11985 Magdalena Avenue in Los Altos Hills, adjacent to the Bikle and McNish properties. (See FAC, ¶ 4.) The McNish property is burdened and benefited by several easements, including a 30' access easement on the northeastern part of the McNish property. (See FAC, ¶¶ 1...

Excerpt: ...de an unsafe turn that resulted in Plaintiff and her bicycle being crushed against the curb, resulting in severe and irreparable injury to Plaintiff's left leg and damage to her bicycle. (See FAC, ¶¶ 4, 6‐9.) Plaintiff was visible to the mirrors of the subject Freightliner semi‐truck the entire time prior to the collision. (See FAC, ¶¶ 6, 12‐14, 21.) After the collision, Hysaj fled the scene, leaving Plaintiff lying on the street with o...

Excerpt: ...ional tort – intentional infliction of emotional distress, and violations of the Unruh Civil Rights Act. On August 13, 2020, the court entered orders on cross‐motions for summary judgment denying defendant's motion for summary adjudication on the first cause of action for general negligence, granting defendant's motion for summary judgment on the second and third causes of action of the FAC for intentional tort and violations of the Unruh Civ...

Excerpt: ...tiff Sarah Vaughn (“Plaintiff”) was admitted to Covia's facility; she was wheelchair bound, considered non‐ambulatory and required two people to assist in physical movement. (See SAC, ¶ 12.) Covia assigned Rodriguez to the care and custody of Plaintiff as a certified nursing assistant. (See SAC, ¶¶ 13‐14.) On June 9, 2019, Rodriguez sexually assaulted and battered Plaintiff. (See SAC, ¶ 15.) Rodriguez previously committed similar acts...

Excerpt: ...he complaint of medical treatment, resulting physical injuries and emotional distress, and incurred medical and related expenses are set forth in the order re: defendants' motion for summary judgment, incorporated, but not restated herein, in the interest of brevity. On September 18, 2019, plaintiff Christopher Johnson filed dismissal of the second cause of action for loss of consortium. On February 2, 2021, defendant filed a motion for summary o...

Excerpt: ...Elvira Valino and Phillip Hung on behalf of defendant NK Building Construction Group, Inc. On June 22, 2021, defendants filed demurrer to the first, second and third causes of action of the complaint. Plaintiffs have not filed opposition. Defendants have shown good cause to sustain the demurrer, and the demurrer to the first, second and third causes of action of the complaint is SUSTAINED. The court will address whether a grant of leave to amend ...

Excerpt: ... authorized by the court, on August 31, 2021, plaintiff filed surreply and supplemental declaration, and on September 2, 2021, defendants filed supplemental declaration. Background On December 22, 2015, plaintiff signed an employment contract to serve as CEO, director and chairman of Boyton Ltd and its subsidiaries, including Byton NA (“employment contract”). Plaintiff worked for Byton Ltd in Hong Kong at the beginning of this employment. Eff...

Excerpt: ... June 23, 2021, defendants filed the instant petition/motion to compel arbitration and for stay of action. On September 10, 2021, plaintiff filed opposition and on September 16, 2021, defendants filed reply. Summary of Contentions Defendants assert that defendant Kesel and plaintiff are signatory parties to a shareholders' agreement dated May 26, 1998 (“May Agreement”) and that defendants and former plaintiff Larry Gilberg are signatory parti...

Excerpt: ...at the conduct of defendant is in violation of the Song‐Beverly Consumer Warranty Act. On June 2, 2021, plaintiff filed three motions to compel further responses from defendant: (1) to special interrogatories, set one (calendar line 4); (2) to form interrogatories, set one (calendar line 5); and (3) to request for production of documents, set one (calendar line 6). On September 8, 2021, defendant filed opposition to the motion to compel further...

Excerpt: ...title to the property as: “Robert J. Stevens, an Unmarried Man and Michelle Kalish, an Unmarried Woman as Joint Tenants.” (Id. at ¶ 13.) They later transferred their respective interests to their respective revocable trusts so that title of the real property was held as: “Michelle M. Kalish Trustee of the Michelle M. Kalish Trust dated 5/30/2013, and Robert J. Stevens Trustee of the Robert J Stevens Trust dated May 30, 2013.” (Ibid.) Sin...

Excerpt: ...r telephone containing seven categories and requesting the following information: Any and all wireless phone activity data records, documents, writings, recordings, electronically or otherwise stored...that include but are not limited: (1) records, time and duration of incoming and outgoing calls placed or received by the telephone number..., owned or associated with Sarah Vaughn...for dates from May 3, 2019 t June 13, 2019; (2) call logs contain...

Excerpt: ...rest per annum, with the condition that the demand could not be made before the occurrence of an Urban liquidity event creating distributable cash resources in such an amount sufficient to fully repay the loan, and Plaintiff being made aware of the event so that they could then make the demand. (See TAC, ¶¶ 9, 10 (also alleging that “Defendants could not be obligated to repay the loan (even if a demand had been made) before Plaintiff was made...

Excerpt: ....) During the night, Plaintiff would record muffled voices coming from her ears, and the following morning, she would analyze the recordings and could understand some sentences. (Id.) Nineteen months after her face lift, an ENT doctor used an otoscope and found unidentified structures in her ears. (Id.) A foreign big nanotechnology company valued one of the implants—a nano diamond in her right ear—at several thousand dollars. (See FAC, pp.2�...