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

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

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

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

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

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

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

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

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

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

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

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

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

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

Excerpt: ...‐solicitation and non‐ competition agreements, in February 2008, Taresh and Amar agreed to form the company but have all shares issued in their wives names, Swapnil Anand (“Swapnil”) and Taproop Virk (“Taproop”), respectively. Taproop paid $35,000 and Amar began working for defendant Anjaneyap, Inc. (“AI”) for a 49% interest in AI. In March 2009, Amar realized that they did not have any paperwork demonstrating the interest in AI, ...

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

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

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

Excerpt: ...��Micro Bio”) whereby BV Canada purchased the worldwide rights to proprietary technology related to compost and biogas machinery relating to anaerobic digestion of organic waste material. (See complaint, ¶ 11.) In June 2013, Whole Foods agreed to demo a BV digester at Whole Foods' Campbell store, and after a successful demonstration and proof of concept, Whole Foods notified BV USA and BV Canada that it intended to purchase a digester unit for...

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

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

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

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

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

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