Excerpt: ...UCLA's Institute for Technology Advancement (“ITA”) and suggested that Plaintiff present to ITA. (See 4AC, ¶¶ 49‐51.) On October 7, 2009, Plaintiff provided Konda Tech's business presentation to Markovic and ITA in confidence. (See 4AC, ¶ 51.) Markovic began the presentation by presenting the confidential Konda Tech Business Presentation to defendant Leslie Lackman (“Lackman”), deputy director for ITA. (Id.) Despite the business pres...

Excerpt: ...n Ave., Apt. 301 (hereinafter, “subject premises”). (See complaint, ¶¶ 2, 6‐7.) The lease was a 12‐month lease, renewable as a month‐to‐ month lease thereafter, subject to the annual recertification of Plaintiff's BMR eligibility by defendant Alvin's Corner at Penny Lane, LLC (“Alvin's”) and approval from City. (See complaint, ¶ 8.) Alvin's certified Plaintiff's BMR eligibility at move‐in in February 2016 and subsequently the...

Excerpt: ...pril 6, 2021, the court requested supplemental briefing, and the motion was continued to May 27, 2021. On April 8, 2021, the parties stipulated to continue hearing to September 2, 2021. On August 11, 2021, Park Capital and Adam filed a supplemental brief in support; on August 20, 2021, plaintiff filed supplemental opposition; and on August 26, 2021, Park Capital and Adam filed reply. Background On August 30, 2019, plaintiff filed complaint agains...

Excerpt: ...UCLA's Institute for Technology Advancement (“ITA”) and suggested that Plaintiff present to ITA. (See 4AC, ¶¶ 49‐51.) On October 7, 2009, Plaintiff provided Konda Tech's business presentation to Markovic and ITA in confidence. (See 4AC, ¶ 51.) Markovic began the presentation by presenting the confidential Konda Tech Business Presentation to defendant Leslie Lackman (“Lackman”), deputy director for ITA. (Id.) Despite the business pres...

Excerpt: ...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 to plaintiff Sahai, which was accept...

Excerpt: ...o 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‐defendant Jen Hao Richard Chen (“Chen”) as owner of La Encina. (See FAXC, ¶ 12.) Prior to entering the contract, Foust questioned Chen about La Encina's ability to pay for Group One's services under the contract, and Chen assured Foust that: La Encina had sufficient capital to cove...

Excerpt: ...Snow, Alan Summers, John Trowbridge, Jane Green and Old Republic Title. Defendant K.C. Knapp (“Knapp”) was served with summons and FAC on or about November 2020, and following denial of Knapp's motion to quash service on May 11, 2021, Knapp filed the instant motion to compel arbitration and for stay of action. On August 11, 2021, plaintiffs filed opposition and on August 17, 2021, Knapp filed reply. On August 2, 2021, defendants Alan Summers ...

Excerpt: ...ctual listing agreement with plaintiffs Silicon Valley Real Estate Group, Inc. (“Keller Williams”) and Keke “Coco” Tan (“Tan”) (collectively, “Plaintiffs”) whereby Plaintiffs agreed to list and market the property for sale and the Hans agreed to give Plaintiffs the exclusive and irrevocable right starting on February 1, 2018 until August 31, 2018 to sell the property in the capacity of the Hans' real estate agent and broker and to...

Excerpt: ... in September 2019 as a Sr. Software Engineer, Machine Learning. (FAC at ¶ 11.) After several months, Plaintiff began experiencing medical issues that caused Plaintiff to become temporarily disabled. (Id. at ¶ 13.) Specifically, Plaintiff began to suffer from mental instability resulting from Schizoaffective Disorder, Bipolar Type. (Ibid.) As a result, Plaintiff took a medical leave of absence from work from March 10, 2020 through April 6, 2020...

Excerpt: ...igation and fraud case for Mohebbi. Thereafter, Mohebbi filed an action against ALG for legal malpractice, fraud, overbilling and other claims arising out of the prosecution of the underlying business litigation and fraud case that gave rise to ALG's claim. The cases have now been consolidated under the older case number, which was the initial action filed by plaintiff ALG. Factual and Procedural Background On May 3, 2013, defendant Mohebbi signe...

Excerpt: ... represented) against defendant Silicon Valley Academy Project [sued herein as Silicon Valley Academy and Silicon Valley Academy Project (SVA Project)] (“SVAP”).1 According to the operative first amended complaint (“FAC”), 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 FAC at GN‐1.) The alleged student had a history of violent behavior and pl...

Excerpt: ...UCLA's Institute for Technology Advancement (“ITA”) and suggested that Plaintiff present to ITA. (See 4AC, ¶¶ 49‐51.) On October 7, 2009, Plaintiff provided Konda Tech's business presentation to Markovic and ITA in confidence. (See 4AC, ¶ 51.) On October 12, 2009, just prior to presenting to ITA, Markovic, for the first time, indicated that Plaintiff should not expect ITA to fund Konda Tech because ITA does not fund technologies built ou...

Excerpt: ... ruptured and he was throwing up black vomit. (See SAC, ¶ 37.) On July 2, 2019, Plaintiff was returned to GSH, and he required further operations, as well as placement on a colostomy bag and another bag to drain blood. (See SAC, ¶¶ 38, 45.) Plaintiff had a bowel impaction with bowel perforation and had another surgery but went into septic shock. (See SAC, ¶ 46.) On July 5, 2019, a deep tissue injury was found on Plaintiff, which was inaccurat...

Excerpt: ...connection with a lawsuit that defendant brought on behalf of plaintiff in Phunware, Inc. v. Uber Technologies, Inc., San Francisco County Superior Court case no. CGC‐17‐561546. (“Uber lawsuit”). On May 18, 2021, defendant filed the instant motion to compel arbitration and stay of this action. On August 4, 2021, plaintiff filed opposition and on August 10, 2021, defendant filed reply. Summary of contentions Defendant asserts that the pres...

Excerpt: ...igation and fraud case for Mohebbi. Thereafter, Mohebbi filed an action against ALG for legal malpractice, fraud, overbilling and other claims arising out of the prosecution of the underlying business litigation and fraud case that gave rise to ALG's claim. The cases have now been consolidated under the older case number, which was the initial action filed by plaintiff ALG. Factual and Procedural Background On May 3, 2013, defendant Mohebbi signe...

Excerpt: ...laintiffs in the action are Brandon, Blaine and Brooke Pierce. The instant lawsuit was preceded by a lawsuit for the same airplane crash filed on April 5, 2018 by Silvia Farelas et al. (“Farelas action”). The action named as defendants the Estates of the pilot, Nouri Hijazi, and spouse, Danuta Hijazi, the Hijazi Living Trust (“Hijazi Trust”), and other parties not related to the Hijazi defendants. Pierce was the trustee of the Hijazi Trus...

Excerpt: ... represented) against defendant Silicon Valley Academy Project [sued herein as Silicon Valley Academy and Silicon Valley Academy Project (SVA Project)] (“SVAP”).1 According to the operative first amended complaint (“FAC”), 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 FAC at GN‐1.) The alleged student had a history of violent behavior and pl...

Excerpt: ...s determined not complex pursuant to order filed February 22,, 2021. On May 4, 2021, defendants filed the instant petition to compel arbitration and dismiss or stay proceedings. On June 9, 2021, plaintiff filed opposition and on July 27, 2021, defendants filed reply. Summary of contentions Defendants assert that plaintiff must be compelled to arbitration and that this court proceeding be dismissed or stayed pursuant to an arbitration agreement en...

Excerpt: ...nded complaint (“FAC”), the District is the largest multipurpose water supply, watershed stewardship, and flood management special district in California. (FAC at ¶ 10.) The District owns and operates the Rinconada Water Treatment Plant (“RWTP”) which takes in raw water from various sources and processes it to produce potable water (i.e., drinking water). (Id. at ¶ 11.) Like every drinking water plant, the RWTP employs a Residuals Manag...

Excerpt: ...UCLA's Institute for Technology Advancement (“ITA”) and suggested that Plaintiff present to ITA. (See 4AC, ¶¶ 49‐51.) On October 7, 2009, Plaintiff provided Konda Tech's business presentation to Markovic and ITA in confidence. (See 4AC, ¶ 51.) On October 12, 2009, just prior to presenting to ITA, Markovic, for the first time, indicated that Plaintiff should not expect ITA to fund Konda Tech because ITA does not fund technologies built ou...

Excerpt: ...s”) and ABC Legal Services, Inc. (“ABC”) to serve legal process in the prior action upon Plaintiff, by delivering a copy of the summons and complaint to Plaintiff. (See complaint, ¶ 15.) On June 3, 2011, Solis and ABC composed a document titled Proof of Service of Summons in which they represented that they had served Plaintiff with a copy of the summons complaint and related documents and thereafter, Defendants filed the proof of service....

Excerpt: ...d of Supervisors. (First Amended Complaint [“FAC”] at ¶ 10.) Plaintiff's immediate supervisor was Megan Doyle (“Doyle”). (Id. at ¶ 11.) In early 2018, Plaintiff informed Doyle that she was considering retiring after many years of service. (FAC at ¶ 13.) Doyle urged Plaintiff to delay her retirement until after one of the Board of Supervisors left office. (Ibid.) Plaintiff, albeit reluctantly, agreed to delay her retirement. (Ibid.) The...

Excerpt: ...vent prejudicing her interest in the litigation. On July 7, 2021, defendants Stephen Lam and Eva Sung (“defendants”) filed opposition and on July 14, 2021, plaintiffs filed reply. Summary of contentions Plaintiffs assert that Ms. Sultan is age 74, and suffers from multiple debilitating illnesses that have deteriorated her physical health and brain function such that preference in trial setting is necessary. Plaintiffs assert that Ms. Sultan r...

Excerpt: ...is Stronghold's demurrer to the City's second amended crosscomplaint (“SAXC”). According to the allegations in the SAXC, the City awarded the contract for constructing the Project to SEI on November 17, 2015 following a competitive bidding process. (SAXC, ¶¶ 7– 8, 12.) As set forth in SEI's bid, it agreed to perform the work for a base price of $46,997,000. (SAXC, ¶ 8.) With its bid, as required by Public Contract Code § 4104 (a)(1), SE...

Excerpt: ...serts that plaintiff's original complaint named only Kennedy as defendant, and that Kennedy's earlier motion to compel arbitration and stay of action was denied by this court on procedural grounds. Plaintiff then filed a first amended complaint naming National as a new defendant. While National asserts that it is a completely separate and distinct entity from Kennedy, the FAC alleges National is liable to plaintiff on an agency and/or joint emplo...

Excerpt: ...intiff Calisi retained defendant Durham Associates CPAs, Inc. (“Dunham CPA”) to perform bookkeeping and tax services for both plaintiff individually, and Odeum. (Complaint at ¶ 10.) Defendants Dunham CPA and Rick D. Dunham (“Dunham”) (collectively, “Defendants”) agreed to perform bookkeeping and accounting services for the fiscal years 2016, 2017, 2018, 2019, and first quarter of 2020; and tax services for the fiscal years of 2016, 2...

Excerpt: ...ssment in connection with arranging a loan. (See 4AC, ¶ 17.) Summers is a real estate person who does business as or under the supervision of defendant John Trowbridge (“Trowbridge”) through the fictitiously named Capital Funding. (See 4AC, ¶ 7.) Kenoyer introduced himself as a licensed home loan mortgage broker with CHL. (Id.) Plaintiffs told Summers and Kenoyer that they wanted a loan to remodel their family home, and Kenoyer represented ...

Excerpt: ... judgment was entered on or about July 21, 2014. On July 21, 2016, defendant filed motion to vacate the judgment which was denied pursuant to order filed August 19, 2016. On March 23, 2017, defendant filed motion to vacate default and judgment, and to quash service of summons and complaint. The motion was denied pursuant to order filed August 23, 2017. In the instant motion, defendant seeks to set aside the default judgment on the grounds that th...

Excerpt: ...8, Plaintiff Martha, with complaints of upper right molar area pain and/or sensitivity, initially consulted defendant Liang for a dental cleaning and examination. (First Amended Complaint [“FAC”] at ¶ 10.) During the examination, defendant Liang advised Plaintiff Martha that she had nine cavities and recommended the teeth be treated with dental filling restorations. (Id. at ¶ 11.) Based on this advice, Plaintiff Martha consented to the prop...

Excerpt: ...il Procedure section 1255.410. The property is an overhead utility easement and a temporary construction easement (“subject property easements”) over real property in Santa Clara, California owned by PSB. Summary of contentions Santa Clara asserts that it is empowered under California statutory law to condemn the subject property easements by eminent domain, and obtain an order of the court for prejudgment possession, provided it meets four e...

Excerpt: ...p One Construction, Inc. (“plaintiff”) filed complaint in this action against La Encina and Evertrust Bank, Inc. alleging breach of contract and to foreclose on a mechanics lien. According to the allegations of the complaint, plaintiff and La Encina entered into a contract where plaintiff agreed to build five residential homes in San Jose, CA and La Encina agreed to pay plaintiff for the construction. It is alleged that La Encina terminated t...

Excerpt: ...s in cross‐complainant Garden City, Inc., dba Casino M8trix (“GCI”), and includes a provision for a right of first refusal in the event a shareholder in GCI desired to accept an offer to sell their shares to a third party. (See XC, ¶ 19.) On April 13, 2015, Swallow entered into a Stock Purchase Agreement with John Park (“Park Agreement”) in which Swallow agreed to sell his shares in GCI to Park for $50 million plus additional considera...

Excerpt: ...f a foreign object into her private parts. (Complaint at ¶¶ 14, 23, 37.) The specimen was evaluated by experts and identified as a device with semiconductor components in an expert report received on September 5, 2018. (Id. at ¶¶ 14, 39.) On December 12, 2018, Plaintiff discovered another suspect specimen that had penetrated her intimate parts against consent. (Complaint at ¶¶ 15, 40.) The foreign object was evaluated by experts and identif...

Excerpt: ... signed non‐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. (See 4AC, ¶ 11.) Taproop paid $35,000 and Amar began working for defendant Anjaneyap, Inc. (“AI”) for a 49% interest in AI. (See 4AC, ¶ 12.) In March 2009, Amar realized that they did not have a...

Excerpt: ...�10.) Dr. Graven advised Stephanie that her previous doctor did all the right tests in attempting to locate the IUD, and since these tests failed to locate it, she recommended a laparoscopy and did not recommend an x‐ray or CT scan. (See complaint, ¶ 11.) Dr. Graven did not inform Plaintiff that locating the IUD in this manner without an x‐ray or CT scan, and without confirming the presence and location of the IUD in her abdominal cavity, ha...

Excerpt: ...she was directed to a different vehicle on defendant Penske's lot. (Ibid.) Plaintiff was told the other vehicle was also a red 2016 Honda HR‐V, it was just easier to drive off the lot than the vehicle she had initially chosen. (Ibid.) Plaintiff alleges she was manipulated into a “bait & switch,” resulting in her taking possession of a vehicle with prior accident and frame damage, without her knowledge or consent. (Ibid.) On January 8, 2019,...

Excerpt: ... Technology”). (See 4AC, ¶¶ 3, 5.) YT has blocked visibility into FF's financial dealings, even from an independent auditor, which necessitated that Big Four auditing company to end its relationship with FF due to findings of financial misconduct, a lack of proper internal controls, a lack of transparency from FF decision‐makers, insufficient bank account procedures from Le Technology, commingling of funds, unclear records to document and a...

Excerpt: ...ee First Amended Complaint [“FAC”] at IT‐1.) At no time did Plaintiff give defendant Stone consent to the harmful conduct. (Ibid.) As a consequence of defendant Stone's actions, Plaintiff suffered serious and painful physical injuries for which he has obtained multiple surgical procedures. (Ibid.) On May 28, 2020, Plaintiff filed a judicial council form complaint against defendants Stone and Simply Green Plumbing, Inc. (“Simply Green Plum...

Excerpt: ...endant Durham Associates CPAs, Inc. (“Dunham CPA”) to perform bookkeeping and tax services for both Plaintiff individually, and Odeum. (Complaint at ¶ 10.) Defendants Dunham CPA and Rick D. Dunham (“Dunham”) (collectively, “Defendants”) agreed to perform bookkeeping and accounting services for the fiscal years 2016, 2017, 2018, 2019, and first quarter of 2020; and tax services for the fiscal years of 2016, 2017, 2018, and 2019. (Id. ...

Excerpt: ... the instant separate civil action. The actions are in connection with a residential real property (“premises”) that is owned and leased by Walia to Tyler pursuant to a written lease. On May 11, 2021, Walia filed opposition to the motion. On May 28, 2019, the parties entered into a written lease (“lease”) to the premises which was subsequently extended to January 31, 2021. Tyler asserts that Walia orally represented they would make improv...

Excerpt: ...' calls. (Id.) Nguyen has since left the state of California. (Id.) On April 12, 2017, Plaintiffs discovered that their tow truck was parked at a business known as Reliance Auto Body & Paint (“Reliance”), owned and managed by defendants Phuong Thuy Ho (“Ho”) and Giau V. Do (“Do”) (collectively, “Defendants”). (See FAC, ¶ IT‐1, subpara. b.) Plaintiffs produced title to their tow truck to Defendants and demanded Defendants to rel...

Excerpt: ...tionate demands, on May 22, 2016, Defendant filed false kidnapping charges against Plaintiff; however, after an investigation, the charges were declared as being falsely filed. (See complaint, ¶ 13.) On June 4, 2016, Defendant refused to comply with a family law court order to hand over Skylar for a visit with Plaintiff, and on June 5, 2016, the San Bernardino Police Department enforced a visitation order. (See complaint, ¶¶ 14‐15.) After a ...

Excerpt: ...e, request for admissions (“RFA”), request for production of documents (“RPD”) and form interrogatories, and served Melvin with special interrogatories, set one, form interrogatories and request for admissions (“RFA”). Clarke and Melvin served responses to the discovery which plaintiff considered deficient. After meet and confer and participation in an informal discovery conference, defendants served amended responses. On June 8, 2021...

Excerpt: ...g (“Ting”) filed complaint against MHCA and Wong; on November 9, 2018 Wong filed cross‐complaint against MHCA; and on May 23, 2019, MHCA filed cross‐complaint against Wong. The complaint relates to water leakage from Wong's condominium unit into Ting's condominium unit and alleged damages from the water, and the cross‐complaints seek indemnity and related relief. MHCA is the condominium association for the development that includes the ...

Excerpt: ...e outstanding taxes due on the property totaling $36,821.27 as Plaintiff's attorney advised nonpayment of the taxes while an appeal of Santa Clara County's special assessment valuation was in process. (See FAC, ¶ 17.) On January 9, 2019, defendant Easy Financial LLC (“Easy”) gave Plaintiff an initial approval for up to $2,535,000 in financing the property, stipulating that the amount shall be no more than 65% of the existing value of the pro...

Excerpt: ...ue is a written timeline and related notes (collectively “the document”) that were reviewed by plaintiff Geoffrey Weigand (“plaintiff”) before and during the sessions on January 21 and February 4. The document was prepared by plaintiff at plaintiff's attorney's request and was a timeline of events over several years and included information about plaintiff's claims in the lawsuit. Defendant points to specific deposition questions and answ...

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: ...h Shawn Sahbari (“Sahbari”), a recognized leader in the area of semiconductor and electronic surface preparation and cleaning, to develop a better cleaning process for the iPhone's aluminum body. (See FAC, ¶¶ 13‐15.) On November 30, 2012, Gentile emailed Sahbari to execute Apple's non‐disclosure agreement (“NDA”), and requested that Sahbari create a chemical solution to clean certain aluminum samples for a December 5, 2012 meeting. ...

Excerpt: ...h assessment in connection with arranging a loan. (See 4AC, ¶ 19.) In February 2016, Plaintiffs entered into a loan agreement with CHL for the amount of $1,150,000, secured by a deed of trust on the subject property to be processed, serviced and managed by Kenoyer, and defendant K.C. Knapp (“Knapp”) of CHL. (See 4AC, ¶¶ 30‐38.) Unbeknownst to Plaintiffs, Knapp had his real estate broker's license revoked on January 9, 2016, prior to the ...

Excerpt: ...019, plaintiff filed notice of appeal, challenging the order granting the anti‐SLAPP 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 plaintiff filed a ...

Excerpt: ... represented defendants Lin and Wang. (See complaint, ¶ 4.) Lin and Wang through Perretta asserted that the case was barred by the statute of limitations. (See complaint, ¶ 5.) Plaintiff argued that the case was not barred by the statute of limitations because Lin and Wang lived in California for less than 2 years between January 30, 2003 and October 28, 2015, thereby tolling the statute of limitations. (See complaint, ¶ 6.) Lin and Wang prepa...

Excerpt: ...: The term of this Lease shall begin, and the Lease Commencement Date shall be deemed to have occurred, on the earlier of (i) the date Tenant commences conduct of business operations from the Leased Premises or (ii) the date that is sixty (60) days after the lifting of the Order of the Health Officer of the County of Santa Clara, dated March 16, 2020, and Executive Order N‐33‐20 issued by the Executive Department, State of California, dated M...

Excerpt: .../clearing property of any/all liens.” (See 4AC, ¶ 10.) On October 23, 2009, Pham executed a grant deed, transferring his title to the subject property to Plaintiffs. (See 4AC, ¶ 13.) Subsequently, Plaintiffs discovered a lien existed, clouding title to the subject property, and notified Pham who re‐affirmed that such lien was non‐existent due to fraud and that he would clear that lien. (See 4AC, ¶ 14.) Unfortunately, Pham was unable to c...

Excerpt: ...EHA—failure to engage in interactive process (against Roku); 3) Violation of FEHA—failure to accommodate (against Roku); 4) Violation of FEHA—retaliation (against Roku); 5) Wrongful termination (against Roku); 6) Intentional infliction of emotional distress (against all defendants); and 7) Negligent infliction of emotional distress (against all defendants). Plaintiff moves for an order permitting plaintiff to proceed with its action using t...

Excerpt: ...ary 15, 2016 (“trust”). As the title of the petition suggests, defendant sought court order confirming the validity of the trust in response to intimations of her spouse, plaintiff David Rossi (“plaintiff”), that plaintiff considered the trust invalid and claimed ownership of properties held by the trust. The petition came for hearing on March 11, 2020, and the court entered order granting the petition and finding that all allegations in ...

Excerpt: ...osscomplainants”). On February 19, 2019, cross‐complainants filed a cross‐complaint against plaintiff alleging two causes of action, breach of contract and declaratory relief (“crosscomplaint”). On April 23, 2019, plaintiff filed a special motion to strike the cross‐complaint (“anti‐SLAPP motion”). On August 1, 2019, the anti‐SLAPP motion was granted as to the breach of contract cause of action and denied in part and granted i...

Excerpt: ...against defendant and cross‐complainant Lisa Large (“cross‐complainant”) and settling defendants. The complaint alleges that defendant and settling defendants failed to disclose a prior lawsuit of defendant pertaining to the real property purchased by plaintiffs from defendant (“complaint”). It is alleged that the failure to disclose this known, material fact and its consequences to plaintiffs, resulted in damages to plaintiffs. Settl...

Excerpt: ...rning the property. (See TAC, ¶ 17.) In October 2013, First American Title Company issued a purported title commitment letter, but it was subject to the condition that Seller clear title, and upon subsequent approval of the title company's underwriting department. (See TAC, ¶ 18.) Krucker is still not able to provide a grant deed conveying insurable clear fee title of the property to Plaintiff. (See TAC, ¶ 18.) Title questions arose as to whet...

Excerpt: ...ed that, in the event a defect developed with the subject vehicle during the warranty period, Plaintiffs could deliver the subject vehicle for repair services and the subject vehicle would be repaired. (See complaint, ¶¶ 9‐10.) During the warranty period, the subject vehicle had: latent defects causing oil flow to become restricted through vital areas of the engine; defects related to the engine; defects causing the driver's door to be misali...

Excerpt: ...with Defendant; she offered to buy the property and planned to move into it with her children in case something happened with her personal relationship with Defendant. (See FAC, ¶ 26.) Defendant told Plaintiff that she should instead use the property as an investment property and told her to renovate it. (See FAC, ¶ 27.) Defendant told Plaintiff that if she renovated the property, rented it out, and added Defendant's name to the deed for the pr...

Excerpt: ...eal estate and prepared a Real Estate Transfer Disclosure Statement (“TDS”) on September 16, 2016 and a CAR Seller Property Questionnaire (“SPQ”) on September 15, 2016, denying any knowledge of any past or present known material facts or significant items affecting the value or desirability of the property not otherwise disclosed to Plaintiffs. (See complaint, ¶¶ 2, 9‐10, exh. B.) On November 14, 2016, escrow closed and the sale of th...

Excerpt: ...,000, through the payment of a $1,000 initial deposit, $69,000 at closing, and $75,000 through a promissory note with a payment schedule. (See SAC, ¶¶ 11‐13, exh. A.) Vuong and Nguyen's wife, Binh Duy Pham (“Pham”) signed the promissory note to pay the remaining $75,000, secured by the deed of trust to real property at 3081 Balgray Ct. in San Jose. (See SAC, ¶ 14, exh. B.) The promissory note provided that Vuong and Pham were required to...

Excerpt: ...October 25, 2012. The period of time from that date to the date of filing defendant's motion is in excess of nine years. Judicial notice Plaintiff requests judicial notice of the following: minute orders of the court in this proceeding, marked for identification as Exhibits JN 1‐4; orders issued by the United States Bankruptcy Court for the Northern District of California, case nos. 18‐417749 RLE 13 and 18‐423322 RLE 13, marked for identifi...

Excerpt: ...ruptured and he was throwing up black vomit. (See FAC, ¶ 37.) On July 2, 2019, Plaintiff was returned to GSH, and he required further operations, as well as placement on a colostomy bag and another bag to drain blood. (See FAC, ¶¶ 38, 45.) Plaintiff had a bowel impaction with bowel perforation and had another surgery but went into septic shock. (See FAC, ¶ 46.) On July 5, 2019, a deep tissue injury was found on Plaintiff, which was inaccurate...

Excerpt: ...ation of covenants, conditions and restrictions binding on the project; the Third Restated Declaration of Covenants, Conditions and Restrictions of COTA, recorded on October 21, 2009 in the Santa Clara County Recorder's Office (“CC&Rs”), are attached to the complaint. (See complaint, ¶ 3, exh. A.) In 2003, water entered the interior of the townhouse from the siding located on the southwest side, threatening to damage newly installed improvem...

Excerpt: ...,000, through the payment of a $1,000 initial deposit, $69,000 at closing, and $75,000 through a promissory note with a payment schedule. (See SAC, ¶¶ 11‐13, exh. A.) Vuong and Nguyen's wife, Binh Duy Pham (“Pham”) signed the promissory note to pay the remaining $75,000, secured by the deed of trust to real property at 3081 Balgray Ct. in San Jose. (See SAC, ¶ 14, exh. B.) The promissory note provided that Vuong and Pham were required to...

Excerpt: ...usiness, and mailing copies to defendant at her residence and business addresses. Proof of service is pursuant to declaration of the process server, Stefan Fahrner, including declaration of diligence stating actions taken first to attempt personal service, and declaration of proof of mailing of process server, Michael Mezzetti. Defendant did not file and serve an answer or other responsive pleading to the complaint. On January 30, 2020, the clerk...

Excerpt: ...”) signed a promissory note in which they agreed to pay principal and interest of 10 percent per annum in monthly installments of $5000 on the 21st day of each month beginning on May 21, 2016. (See complaint, third cause of action, ¶¶ BC‐1‐2. Exh. C.) Defendants failed to pay McManis Faulkner's billing statements for legal services and costs and expenses advanced pursuant to the agreement and failed to pay the principal and interest on th...

Excerpt: ...e suggestion of Bui, Pham authorized a friend, Francis Khoa Do (“Do”) to act as his attorney‐ in‐fact to sign the loan papers. (See FAXC, ¶ 16.) In late December 2005, Bui informed Pham that the loan went through and closing was expected to complete in early January 2006. (See FAXC, ¶ 17.) After the purchase of the subject property, Pham made every month's mortgage payment and would pay the amount due on each bill, although he did not u...

Excerpt: ...rchloroethylene (“PCE”) in excess of the legal environmental screening level, as well as its degradation products, including trichloroethylene (“TCE”). (See FAC, ¶¶ 4, 39.) PCE is a solvent used in the dry cleaning industry and in other industries for applications including metal cleaning and finishing and the formulation of elastomeric materials and is a hazardous substance as defined by Health and Safety Code section 25316 and the Com...

Excerpt: ...ciation (“Plaintiff” or “Association”) for purposes of having it provide management, maintenance, repair, preservation and architectural control of the project. (See complaint, ¶ 11.) Defendant drafted the governing documents for the Association, including the declaration of covenants, conditions and restrictions for Meridian at Willow Glen (“CC&Rs”), which was recorded on December 14, 2012 as document number 22003121 with the offici...

Excerpt: ...was lifted. On November 12, 2020, Plaintiff filed the FAC, asserting a single cause of action for violation of Labor Code section 2698, et seq., the Labor Code Private Attorneys General Act of 2004 (“PAGA”). As Plaintiff acknowledges, under the PAGA, “an ‘aggrieved employee' may bring a civil action personally and on behalf of other current or former employees to recover civil penalties for Labor Code violations. (Arias v. Super. Ct. (Dai...

Excerpt: ...ies, set one, requests for admissions, form interrogatories‐ general, form interrogatories – employment law, and requests for production of documents (collectively “discovery”). Elias' responses to discovery were due June 8, 2020. On June 23, 2020, plaintiff emailed Elias about the status of responses since none had been received. On June 30, 2020, Elias responded that he was unaware that responses were due. Elias states that staff failed...

Excerpt: ...ly, “Defendants”) acquired the lessee's interest in the lease and premises. (See complaint, ¶ 5.) Plaintiff has fully performed all obligations and conditions under the lease, Defendant breached the lease by failing to pay rent, resulting in damage to Plaintiff as of July 1, 2020 in the amount of $41,853.76 with interest. (See complaint, ¶¶ 6‐8.) A provision of the lease provides for the allocation of reasonable attorney's fees and costs...

Excerpt: ...ovember 2017, plaintiff filed the present action for employment discrimination and retaliation, asserting that Hologic retaliated against her for complaining about the possible violations and terminated her employment. Plaintiff served request for production of documents, set three (“RPD”). Defendant served responses, including objections. Ultimately, plaintiff filed the present motion to compel further responses. The parties participated in ...

Excerpt: ...ely flat and vacant dirt lot, owned by defendant EAH, Inc. dba EAH Housing (“EAH”). (See SAC, ¶¶ 2, 6, 13.) Defendant Shreya Shah (“Shah”) was the project manager employed by EAH for the construction of the Bella Salici apartment complex on the property. (See SAC, ¶ 6.) EAH and defendant City of Morgan Hill (“City”) shared joint control in the planning, building and construction of the project and hired defendants L & D Constructio...

Excerpt: ...CLA's Institute for Technology Advancement (“ITA”) and suggested that Plaintiff present to ITA. (Id.) On October 7, 2009, Plaintiff provided Konda Tech's business presentation to Markovic and ITA in confidence. (Id.) On October 12, 2009, just prior to presenting to ITA, Markovic, for the first time, indicated that Plaintiff should not expect ITA to fund Konda Tech because ITA does not fund technologies built outside UCLA. (Id.) ITA rejected f...

Excerpt: ...rove the relationship between [her and her children] by exploring parenting skills, mood and anger management, explore obstacles to facilitating the children's relationship with the Father” and to deal with the separation issues as the Court ordered sole custody of the children to their father, Dago Soleto (“Soleto”). (See initial complaint, ¶ 5, exh. 1, ¶¶ 1‐2, 24.) On October 10, 2017, Plaintiff entered into a “Working Agreement”...

Excerpt: ...lessee and Westgate as lessor. Goodwill of Silicon Valley (“Goodwill”) filed the present action against Westgate for damages for intentional interference with contractual relations and negligent interference with economic advantage. Goodwill asserts that Westgate unlawfully interfered with a sublease of the Premises between Longs and Goodwill. Longs filed an earlier action against Westgate for damages for breach of contract and declaratory an...

Excerpt: ...CLA's Institute for Technology Advancement (“ITA”) and suggested that Plaintiff present to ITA. (Id.) On October 7, 2009, Plaintiff provided Konda Tech's business presentation to Markovic and ITA in confidence. (Id.) On October 12, 2009, just prior to presenting to ITA, Markovic, for the first time, indicated that Plaintiff should not expect ITA to fund Konda Tech because ITA does not fund technologies built outside UCLA. (Id.) ITA rejected f...

Excerpt: ...Trung and Nam promised that they would use their proficiency in real estate transactions and accumulated wealth to find profitable investment properties for Plaintiff, they would act as Plaintiff's agent in the sale and purchase transactions, and they would form defendant Evergreen Equity Partners, LLC (“Evergreen”) for Plaintiff's benefit. (See 4AC, ¶¶ 37, 50‐58.) Trung encouraged Plaintiff to take a mortgage out on his residence and ren...

Excerpt: ...3.) Section 7 of the lease agreement states that Plaintiff is not responsible for payment of any utilities; however, despite this provision, Defendant has charged Plaintiff for bimonthly water bills and Plaintiff has paid all water bills charged to him by Defendant from July 26, 2010 through August 2020. (See complaint, ¶¶ 9‐10.) On July 15, 2020, Plaintiff arranged a representative from San Jose Water Company to inspect the water meter and e...

Excerpt: ... cross‐defendants Monica Yeung Arima (“Arima”) and Yarkin Realty (“Yarkin”) knew that Large had just resolved a four‐year long lawsuit against the person who sold her the property, the real estate agents and her attorney that the leasehold would trigger reassessment of property taxes and that assessment would be based upon the fee simple value of the subject property, not the value of the leasehold transaction, substantially affecting...

Excerpt: ...connection with arranging a loan. (See TAC, ¶ 21.) Defendant Alan Summers (“Summers”) is a real estate salesperson supervised by defendant John Trowbridge (“Trowbridge”) at Capital Funding who also contacted Plaintiffs and visited the property to perform a walk through assessment in connection with arranging a loan. (See TAC, ¶¶ 7, 21.) In February 2016, Plaintiffs entered into a loan agreement with CHL for the amount of $1,150,000, se...

Excerpt: ...nies, eventually totaling nearly $200,000 without interest. (See FAC, ¶¶ 11‐13.) When Defendant told Plaintiff that he was delaying payment on the loan because he wanted to establish an energy therapy practice in California to make money, Plaintiff expressed her dissatisfaction and concern with Defendant's failure to repay the loan. (See FAC, ¶ 14.) Thus, in consideration for the forbearance from immediate action on the loan, Defendant promi...

Excerpt: ...eptember 25, 2020, TM served plaintiff with notice of motion for sanctions under CCP 128.7. On November 30, 2020, 66 days after service, plaintiff filed a third amended complaint (“TAC”), in effect to withdraw or correct the SAC, the pleading challenged by TM's motion. This is beyond the 21 day period after service of the motion to foreclose the filing of the motion. Defendant has satisfied the notice and procedural requirements to proceed wi...

Excerpt: ...8 (a) of the contract, the closing date for the transaction was required to occur when a certificate of occupancy was issued, as San Jose Municipal Code § 24.02.610(A) prohibited usage or occupancy of the subject property prior to the issuance of a certificate of occupancy. (See SAC, ¶¶ 15‐16.) The certificate for occupancy was issued on January 31, 2018 and San Jose has repeatedly rejected TM's attempts to obtain a certificate of occupancy ...

Excerpt: ...��) as an interested party of liability insurance. (See complaint, ¶¶ 10‐11.) On December 24, 2018, Plaintiff discovered a puddle of water in her bedroom; she called Avana's emergency phone number as designated in the lease agreement but the number did not allow her to leave a message. (See complaint, ¶ 12.) On December 25, 2018, Plaintiff again called the emergency line and spoke to a man who answered the phone. (See complaint, ¶ 13.) A su...

Excerpt: ...d further alleges that harassment and retaliation by Iyer occurred after Plaintiff confronted Iyer about the statement. Doe contacted Cisco's human resources and employee relations to file a discrimination complaint against Iyer. After Cisco investigated Doe's complaint, Iyer's retaliatory efforts continued. Doe sought review of Cisco's investigation's findings, and a reopening of the investigation occurred. Cisco, however, refused to recognize d...

Excerpt: ...rough assessment in connection with arranging a loan. (See TAC, ¶ 21.) In February 2016, Plaintiffs entered into a loan agreement with CHL for the amount of $1,150,000, secured by a deed of trust on the subject property to be processed, serviced and managed by Kenoyer, and defendant K.C. Knapp (“Knapp”) of CHL. (See TAC, ¶¶ 30‐33, 36‐37.) Unbeknownst to Plaintiffs, Knapp had his real estate broker's license revoked on January 9, 2016, ...

Excerpt: ... defendant Pacific Plumbing & Sewer Service, Inc.'s (“Defendant”) work on the San Jose Convention Center, the County of Santa Clara Winter Shelter, the County of Santa Clara's County Building Bathroom removal, the County of Santa Clara's County Correctional Complex (Elmwood Jail) and the Sunnyvale Community Center, and found that: Defendant's employees are working on a project but are not paid prevailing wages as those workers do not appear i...

Excerpt: ...ively, “Foresite”) approached Genapsys during its 2017 equity raise and explored investing, sending its senior technology experts to review all of Genapsys' technology. (See XC, ¶ 3.) The parties entered into a Non‐Disclosure Agreement, and over the next several months, Foresite and its CEO and Managing Director, cross‐ defendant Jim Tananbaum (“Tananbaum”) (collectively, “cross‐defendants”) were provided a detailed technical r...

Excerpt: ...s right to collect benefits. (See FAC, ¶ 9.) When Plaintiff refused to the reduction, Defendant terminated Plaintiff. (See FAC, ¶ 10.) Defendant satisfied its obligations to pay Plaintiff the benefits pursuant to the Change of Control Agreement. (See FAC, ¶ 12.) However, Plaintiff was also entitled to a bonus that he earned for his performance in 2019 and the value of stock options which were awarded to him on March 16, 2018. (See FAC, ¶¶ 13...

Excerpt: ... other similarly situated employees were not paid for overtime or double time rates in accordance with California law. (See complaint, ¶ 18, 6‐ 8 .) Defendants also required Plaintiff and other similarly situated employees to work through meal and rest periods or otherwise failed to provide timely meal and rest periods, and subtracted unpaid meal periods from Plaintiff's and other similarly situated employees' pay despite knowing that Plaintif...