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 On April 24, 2019, the note was superseded by updated note executed by Overlook.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