Excerpt: ... 2022, Gower filed opposition. Summary of contentions Plaintiff asserts that order sustaining the demurrer should be aside because Gower's demurrer was not brought within 30 days after Gower was served with the complaint, and therefore, the filing of the demurrer was untimely. Plaintiff believed that the court would recognize this and overrule the demurrer as untimely. The inference is that plaintiff was mistaken in his belief that no written opp...

Excerpt: ... Sherry Clark during the course of employment. Trial has not been set. On March 25, 2022, plaintiff filed the instant motion for leave to amend complaint. On May 26, 2022, defendant United Rentals filed opposition, and on June 2, 2022 plaintiff filed reply. Analysis The motion seeks leave to amend complaint to allege additional facts and include in the prayer a request for exemplary damages against defendants United Rentals and Sumner. The papers...

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 Sigler (“Robert”) made representations to Plaintiffs that: (1) Sanctuary was an industry leader in the design, manufacture, testing, and distribution of respiratory mask materials...

Excerpt: ...ges, failure to compensate for meal and/or rest periods, and unfair business practices. On April 1, 2022, defendant filed the instant motion to compel arbitration and stay or dismiss proceedings. On May 26, 2022, plaintiff filed opposition and on June 2, 2022, defendant filed reply. Procedural issue In reply, defendant asserts that plaintiff's opposition was not timely served and afforded defendant only three days to file reply, and therefore, th...

Excerpt: ...pposition, and on May 31, 2022, plaintiff filed reply. Plaintiff moves to sever/bifurcate for separate trial the cross‐ complaint of defendants. Plaintiff primarily asserts that bifurcation is necessary to avoid prejudice to plaintiff and to plaintiff's claims asserted in plaintiff's second amended complaint (“SAC”) from presentation of evidence to the jury concerning the cause of action in the cross‐complaint for intentional infliction o...

Excerpt: ...es acceptance of the terms of the agreement. (See Pl.'s separate statement of undisputed material facts, undisputed material fact no. (“UMF”) 2— common counts cause of action; UMF 2—breach of contract cause of action; see also Boston decl., ¶ 8, exhs. A, B.) The agreement also provided that Defendant would repay the principal amount plus any applicable interest and finance charges thereon. (See UMF 2—common counts cause of action; UMF ...

Excerpt: ...hicles at auction and resell them at a profit on a weekly basis. (Id.) Frasher agreed to a cash contribution of 50% of the purchase price at auction. (Id.) The profits would be divided equally each week between Frasher and the Shreims and, pending their sale, the vehicles would be stored at the Shreims' place of business, Seemocar. (Id.) Mohamad used Frasher's 50% of cash to take out a loan with Westlake Financial Flooring to pay for the entire c...

Excerpt: ...ssions (“discovery”). Responses to discovery were due from plaintiff on September 6, 2020. On December 8 2020, plaintiff served responses to the discovery. Defendant considered the responses deficient, and after unsuccessful meet and confer, on March 3, 2022, defendant filed the instant motions to compel further response from plaintiff (and produce documents) to the discovery. On May 24, 2022, plaintiff filed opposition, and on May 25, 2022, ...

Excerpt: ... for Plaintiff without Plaintiff's consent or knowledge. (Id.) In August 2019, Carpenter began the process of procuring two additional policies for $7,500,000 each through Lincoln Financial Group (“Lincoln policies”), representing to Plaintiff that the new policy would result in better returns and tax savings, and that he would do a 1035 exchange from the John Hancock Policy to the Lincoln policies for an estimated total of $162,000. (See com...

Excerpt: ... to collide at the intersection of Branham and Sutcliff Avenue. (See complaint, ¶¶ 5‐7.) The impact was so severe that the airbags in plaintiff's car deployed and plaintiff's head and nose hit the airbag, causing plaintiff to lose unconsciousness and sustain a deviated septum, and suffer a traumatic brain injury. (See complaint, ¶ 8.) Defendant was on his mobile phone instead of concentrating on driving and the road. (See complaint, ¶ 10.) ...

Excerpt: ...that was undertaken by defendant from approximately April 2019 to September 2020 on property owned by defendant. To access defendant's property, defendant used a road which included a portion of a driveway owned by plaintiffs which defendant has an easement for egress and ingress. Defendant also has a second slope easement on plaintiff's property. The easements are similar in that defendant has the right to access the property of plaintiffs for t...

Excerpt: ...ess of sale of vehicles manufactured by Ford and is an authorized Ford dealership and service facility. Neither Ford nor Gosch are 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, plaintiff filed complaint against Ford and Gosch, alleging against Ford violations of the Song‐Beverley Consumer Warranty Act Civil Code sections 1790 et seq. (“...

Excerpt: ...nd”), with each having a 50% interest. (See complaint, ¶ 8.) In 2004, Elizabeth and David were residents in Hong Kong but anticipated moving with their children to the United States. (See complaint, ¶ 13.) David believed that the family move to the United States would result in additional taxes on assets owned by David and Elizabeth, so David created trusts and other entities in the name of David's mother to hold—or pretend to hold—assets...

Excerpt: ...nas Markets Foundation (“Cardenas Foundation”), defendant Cardenas Markets, Inc. (“Cardenas Markets”), and defendant Salvador Lozano (“Lozano”), (collectively, “Defendants”) were one of the owners and/or managers of the Premises. (See FAC, ¶¶ 2, 8.) On December 2, 2021, Plaintiff filed the FAC against Defendants, asserting causes of action for (1) premises liability and (2) general negligence. Plaintiff filed an additional amend...

Excerpt: ...n”) requesting septic pumping services at Eastridge Mall. (Id.) The series of agreements consisted of hires, retentions, contracts, invoices and work orders for Plaintiff to perform remedial and pumpingrelated services, including emergency services and providing necessary materials and equipment to perform septic services. (Id.) At Horrigan's urgent oral requests, Plaintiff began and completed work on several septic issues for Defendant includi...

Excerpt: ...he hook into Plaintiff's skull, causing substantial emotional and physical harm. (See complaint, third cause of action for IIED, ¶ IT1, subparas. 2‐5.) On October 8, 2019, Plaintiff filed a complaint against defendants Phan, Round Table Pizza, and Los Altos Round Table Pizza owners David and Pamela Levens, asserting causes of action for: 1) Negligence (against Round Table Pizza and David and Pamela Levens); 2) Battery (against Phan); and, 3) I...

Excerpt: ... Santa Clara County Superior Court case nos. 19CV349110 (Exhibit 1) and 20CV373193 (Exhibits 3‐6), and judgments entered in Santa Clara County Superior Court case nos 20CV361492 (Exhibit 2) and 20CV373013 (Exhibit 7) pursuant to Evidence Code section 452(d)(1). The actions involve plaintiff Mary Ly as a defendant brought by plaintiffs who are not parties to the instant lawsuit, and there is no offer of proof that the subject matter relates to t...

Excerpt: ...�TAC”] at ¶ 5.) Plaintiff was employed pursuant to both written and implied by conduct employment agreements with defendants Simply Green Plumbing and its owner, defendant Russell Stone (“Stone”). (Id. at ¶¶ 5, 7.) On March 14, 2018, defendant Stone seriously injured Plaintiff when he violently attacked him, punching him and head‐butting him in the face multiple times. (TAC at ¶ 7.) At the time of the incident, defendant Stone was act...

Excerpt: ...See complaint, ¶¶ 5, 20.) Plaintiff invested $100,000.00 in Intero and undertook a massive expansion to identify potential franchisees for Intero and service those franchisees within the territory. (Id.) In return, Plaintiff was to receive a share of revenue from Intero's expanding network, including all “Additional Brands” within the territory for the next 50 years. (Id.) Only Intero could enter into a franchise sales transaction with a pr...

Excerpt: ...f emotional distress, gender violence, civil stalking and quantum meruit. On May 23, 2019, attorney Berman was relieved as attorney for plaintiffs, and plaintiffs have been self‐represented parties thereafter to the present. On May 24, 2019, plaintiffs filed motion to compel compliance with civil subpoena and for sanctions. On September 12, 2019, the motion was denied. On May 12, 2021, the parties entered into a stipulation and order regarding ...

Excerpt: ...s 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. A new trial date has not been set. On January 27, 2022, the court granted plaintiff's motion for leave to file second amended complaint (“SAC”). On April 28, 2022, the court denied defendant's motion for second mental examination of plaintiff. On March 2, 2022, defendant filed the instant moti...

Excerpt: ...t 25% of Plaintiff's AIU would vest on the one year anniversary date of hire with the remainder of the AIU vesting 1/36th monthly thereafter until fully vested on the fourth year of hire. (See complaint, p.2:5‐7.) On October 22, 2019, 25% of Plaintiff's AIU shares vested with 555 AIUs vested each month until Plaintiff's employment terminated. (See complaint, p.2:7‐14.) Argo failed to grant Plaintiff's AIU shares vested between January 22, 202...

Excerpt: ...February 9, 2022, defendants filed the current motion to dismiss the action re notice that plaintiff is a vexatious litigant subject to a prefiling order. On April 28, 2022, plaintiff filed opposition, and on May 3, 2022, defendants filed reply. Request for judicial notice Defendants request judicial notice of the following orders filed in the action entitled Jennifer Nemec v. Randall E. Shuler, Santa Clara County Superior Court action no. 16DV01...

Excerpt: ...echlin (“Koechlin”) began dating and Battaglia shortly thereafter moved into Koechlin's home in Los Gatos. (SACC at ¶ 9.) Battaglia portrayed himself as a man of means who lived a luxurious lifestyle, purchasing expensive tickets to sporting events and travel. (Id. at ¶ 11.) He also created an image to fit the part of a well‐spoken, well‐ dressed, and welltraveled businessman. (Ibid.) During the first year after Battaglia moved in, Koec...

Excerpt: ...to secure a loan from the Prudential Home Mortgage Company; the deed of trust was recorded on November 17, 1993. (See TAC, ¶ 24, exh. 1 (deed of trust); see also Defs.' request for judicial notice, exh. 1.) An assignment of the deed of trust (“ADOT1”) was recorded on September 24, 1997 in which the interest of the deed of trust was transferred to First National Trust. (See TAC, ¶ 25; see also Defs.' request for judicial notice, exh. 2.) On ...

Excerpt: ...e of the business (“Commission”) upon any disposition of the business or if Plaintiff, AGOC, or any cooperating broker procured a buyer offering to purchase the Business. (Id.) The Agreement further provided that AGOC was to immediately pay Plaintiff the Commission if AGOC attempted to cancel the Agreement, withdraw the business from sale, refused or was unable to comply with the terms of the Agreement, entered into a contract disposing the b...

Excerpt: ...t failed to appear at the hearing. On February 1, 2022, the Labor Commissioner denied defendant's application for relief of order. On March 1, 2022, defendant filed the instant motion for relief of judgment pursuant to Code of Civil Procedure sections 473 and 473.5. On April 8, 2022, plaintiff and Labor Commissioner filed opposition, and on April 28, 2022, defendant filed reply. Analysis and findings Plaintiff and the Labor Commissioner do not co...

Excerpt: ...int, ¶ 7.) On March 29, 2019, an employee of Plaintiff's subcontractor Valley Hill Construction struck a nail through a pressurized fire protection line causing damage to the owner's residence and personal property. (See complaint, ¶ 8.) The owner's automobile insurance company, California Automobile Insurance Company, filed an action against Plaintiff for damages allegedly arising out of the property damage incident. (See complaint, ¶ 9.) Upo...

Excerpt: ...rt – intentional infliction of emotional distress, and violations of the Unruh Civil Rights Act. Following ruling on defendant's motion for summary judgment, the current, remaining cause of action of the FAC is the first cause of action for general negligence. On October 28, 2022, order was entered pursuant to hearing on October 5, 2022 in connection with plaintiff's noticed deposition of defendant's person most qualified to testify (“PMQ”)...

Excerpt: ...ct contains a provision for arbitration of any and all claims and disputes. On December 29, 2021, plaintiff filed complaint against dealership and defendant for violations of the Song‐Beverley Consumer Warranty Act Civil Code sections 1790 et seq. (“Song‐Beverly Act”) alleging three causes of action for violations of separate subdivisions of Civil Code section 1793.2 ‐ for failure to repair the vehicle to conform to express warranty and...

Excerpt: ...hority and argument of counsel in the papers filed in support, opposition and reply, the court makes the following tentative ruling: Analysis The requirements for a grant of motion to seal a record are set forth in California Rules of Court, Rule 2.551 which authorizes a court to enter an order that a record be filed under seal only if facts support findings that establish all of the following requirements set forth in California Rules of Court, ...

Excerpt: ...rved offer to compromise pursuant to Code of Civil Procedure section 998 (“998 offer”). On December 14, 2021, plaintiff filed acceptance of the 998 offer. The settlement includes a provision that plaintiff recover reasonable attorneys' fees and costs against defendant in an amount agreed by the parties or as determined by the court by noticed motion. On February 3, 2022, plaintiff filed the instant motion for attorneys' fees. On April 13, 202...

Excerpt: ...l distress, negligent infliction of emotional distress, and conversion. The action pertains to the residential real property on Birch Street in San Jose, CA, and the parties' respective rights and obligations in connection with the subject property. On November 18, 2021, defendants filed the instant motion to compel attendance of plaintiff Rogelina Camacho Solorio (“plaintiff Rogelina Solorio”). Each defendant is represented independently by ...

Excerpt: ...nt in a movie “Slamma Jamma” which was not completed. On January 20, 2021, plaintiff filed motion to compel defendants to provide further response to special interrogatories, form interrogatories, request for production of documents and request for admissions (“plaintiff's motion to compel”). On January 29, 2021, defendants filed motion to compel plaintiff to provide further response to interrogatories and request for production of docume...

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: ...�complainants filed answer and cross‐complaint against crossdefendants alleging causes of action for breach of agreement, promissory fraud, conversion, unjust enrichment, specific performance, violation of penal code section 496, malicious prosecution, abuse of process, and declaratory relief. The subject matter that is the basis of the complaint and cross‐complaint is a joint venture and oral agreement between the parties concerning rights a...

Excerpt: ...ndants Gibbs, Rana Rekhi (“Rekhi”) and YCI, financials prepared by an alleged CPA, tax documentation, the online merchant processing account, the company's e‐commerce partner, the liquor license in place for the company, and purported confidential business information of RB, including reports of significant sales from out of state website visitors, revenue exceeding one thousand dollars per day, sales reports listing nine of the ten top sel...

Excerpt: ...se for Medical Solutions, was assisting a surgery in a cardiovascular operating room. (Complaint at ¶ 6.) After Plaintiff completed her job in surgery and left the operating room, defendant Maria Ponte (“Ponte”) entered the room to complete clean up after the procedure. (Ibid.) Plaintiff thereafter returned to the operating room and tripped on a plastic bag left on the ground by defendant Ponte. (Ibid.) As a result, Plaintiff's right foot ca...

Excerpt: ... of business in Los Altos, California. (FAC at ¶ 1.) 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 D...

Excerpt: ... assault. On September 30, 2021, plaintiff filed the instant motion against defendant UBER Technologies, Inc. (“defendant”) to compel further deposition of defendant's person most qualified no. 2 (“PMQ2”) and production of documents. On January 21, 2022, defendant filed opposition and on January 27, 2022, plaintiff filed reply. On February 3, 2022, the court directed the parties to Informal Discovery Conference (“IDC”) and continued h...

Excerpt: ...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 fraudulent documents and instruments in connection with the s...

Excerpt: ...joyment, nuisance, negligence, violation of San Jose City Municipal Code sections (wrongful eviction and retaliation) and (substandard housing), violation of Civil Code section 1942.4,, retaliation, violation of Civil Code section 1950.5, wrongful death, elder financial abuse. According to the allegations in the FAC, the action arises out of plaintiffs leasing and residing in a residential real property owned by defendants, and substandard, uninh...

Excerpt: ..., Yehs II Family Limited Partnership, Chinche Huang, and Chuan LLC (collectively “cross‐defendants”) filed the instant motion to compel further response to special interrogatories from cross‐complainant Richard Foust (“Foust”). On January 19, 2022, Foust filed opposition, and on January 25, 2022, La Encina and crossdefendants filed reply. On February 3, 2022, the parties were ordered to Informal Discovery Conference (“IDC”) with J...

Excerpt: ...ollectively, “F&S” or “Company”) are a consultancy that provides its employees with meaningful growth opportunities and career paths. (FAC at ¶ 18.) Defendants Wyman Bravard (“Bravard”) and David Frigstad (“Frigstad”) are Shareholders, Directors, and Officers of the Company. (Id. at ¶¶ 11‐12.) For approximately 40 years, and while acting as principal shareholders at F&S, Frigstad worked in the role of the visionary/strategist...

Excerpt: ...to the Lease, commencement of the Lease was conditioned on Defendants being able to regain possession of the Premises from another tenant. (See complaint, ¶ 9.) If Defendants did not deliver possession of the Premises to Plaintiff after 180 days from the date of execution, either party would have the right to terminate the Lease by written notice. (Id.) Upon execution of the Lease, Plaintiff paid Defendants $4,826.50 for base rent, $1,172.15 for...

Excerpt: ...that permitted the owners of the neighboring property at 19555 Redberry Drive in Los Gatos (“Gallun property”), defendants Arthur and Elaine Gallun, individually and as trustee of the Gallun 2002 Revocable Trust (collectively, “Defendants”), to drive across the corner of the Oswalt property, in exchange for the owners of the Oswalt property being allowed to trim trees on the Gallun property so that no trees blocked the city view from the ...

Excerpt: ...t to FEHA and the California Government Code, violation of California Labor Code section 1102.5, and unfair business practices. On October 27, 2020, plaintiff served defendant Smith's Detection with request for production of documents, set one, on defendant Smith's Detection. Following meet and confer, plaintiff consider the response to the request for production of documents deficient, and on November 29, 2021, filed the instant motion to compel...

Excerpt: .... On April 13, 2018, plaintiff received 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...

Excerpt: ...otion for leave to file first amended complaint (“FAC”). On March 22, 2022, defendants Comerica and Jenny Nguyen filed opposition (“defendants”), and on March 28, 2022, plaintiff filed reply. Discussion, summary of contentions and analysis In the furtherance of justice, a court may allow a party to amend any pleading at any time, even after commencement of trial. Code of Civil Procedure sections 473(a)(1) and 576. See Hong Sang Market, In...

Excerpt: ...Eric McAfee (“Eric”) is a member of MF. (See FAC, ¶ 6.) Defendant Aaron McAfee (“Aaron”) is a managing member of Lapsley. (See FAC, ¶ 9.) Defendants Mark McAfee (“Mark”) and Lutz Farms LLC (“LF”) are managing members of defendant Double L Ranches, LLC (“DLR”). (See FAC, ¶¶ 11‐12.) Defendant Joshua Lutz (“Joshua”) is a managing member of LF. (See FAC, ¶ 13.) On April 12, 2016, Plaintiff entered into a subscription ag...