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 On April 24, 2019, the note was superseded by updated note executed by Overlook.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: ...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: ...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: ...��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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ... 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: ...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: ...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: ...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...