Excerpt: ...losure. According to the first amended complaint (“FAC”), plaintiffs Ron V. Ronen (“Ronen”) and Alexa Ada‐Saucedo (collectively, “Plaintiffs”) (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,...

Excerpt: ...l property, and by December 2012, the bank was threatening to foreclose. (See complaint, ¶ 8.) Bridge Bank was willing to extend the loan for 12 months if BSP paid down the principal by $2.5 million. (See complaint, ¶ 9.) Lacking the funds, Defendant approached Quang V. Luong (“Luong”), and on December 21, 2012, Luong loaned BSP $2.75 million for 12 months, with repayment in December 2013. (Id.) In July 2013, Nguyen and Luong entered into a...

Excerpt: ...ttorneys' fees incurred in actions to enforce the note or in matters related to the note. Plaintiff fell into default in payments due on the loan, and on October 30, 2020, plaintiff and defendants entered into a Forbearance Agreement that provided a delay in foreclosure proceedings, so long as plaintiff made certain payments, including amounts due under the note. The Forbearance Agreement also has a provision for recovery of attorneys' fees. Plai...

Excerpt: ...ril 13, 2018, Plaintiff received a complaint of harassment and bullying from a Muslim Pakistani subordinate of his by a Sikh Indian supervisor at Micron. (See complaint, ¶ 13.) On April 18, 2018, Plaintiff forwarded his subordinate's complaint to Plaintiff's supervisor, Prakash Jayapal, a Sikh Indian, for investigation. (See complaint, ¶ 14.) By the next day, April 19, 2018, Plaintiff's subordinate apprised Plaintiff that Micron had reprimanded...

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: ....) The lease provided for an initial term of 10 years with 4 consecutive 5‐year renewal options. (Id.) Section 1.5.3 of the Lease states: 1.5.3 Termination for Failure of Use. If for any reason other than (a) as set forth in the Declaration, Title Commitment, Survey, or the Existing Exclusives, or (b) a cause within Tenant's control, Tenant is not able to operate for business in and from the Premises for the Authorized Use described in Section ...

Excerpt: ...t, and disinherited Angelo. While it now appears uncontested that a special needs trust in which Anthony is beneficiary (“SNT”) is a beneficiary of the Trust pursuant to the Fifth Amendment, the issue in the instant motion is whether the interests of Anthony and Angelo pertaining to the Fifth Amendment are in conflict such that plaintiffs' legal counsel should be disqualified from concurrent representation of Anthony and Angelo. On October 26...

Excerpt: ... in Mountain View, at which a number of businesses operate, including a Safeway supermarket. (See complaint, ¶ 15.) On November 21, 2018, at around 8:50 pm, plaintiff Nelly Luisa Amador (“Plaintiff”) parked her vehicle at an available handicap parking spot near the Safeway supermarket, exited her vehicle, and made her way to the supermarket; however, she tripped over a concrete parking space block that was placed within the handicap parking ...

Excerpt: ...iled reply. Hearing was set for February 1, 2022. The court found good cause for continuance of the hearing to consider the opposition and provide defendants opportunity to file reply. Defendants do not challenge that default and default judgment have been entered against them in this action, the latter occurring on June 13, 2016. Defendants assert that neither the individual defendant Kethineni, nor the entity defendant Neelinfo was served with ...

Excerpt: ...se considerations of the parties, the ruling at the hearing of March 1, 2022 addresses all motions to compel set on the three dates. Calendar lines 2‐5 concern the special interrogatories and request for production of documents served on plaintiffs Rodolfo Arevalo and Rosemarie Arteche Clemente, and the responses served by each plaintiff, identical in substance, which defendant considered deficient, resulting in the filing of the instant motion...

Excerpt: ...ted by plaintiff Van Tran (“Tran”). (Complaint at ¶ 1.) As a result of the collision, plaintiff Selck suffered multiple catastrophic injuries including spinal fractures, a femoral neck fracture, a clavicle fracture, rib fracture, foot fracture, and other injuries. (Ibid.) At the time of the collision, plaintiff Tran was covered by an automobile insurance policy issued by defendant Geico Casualty Company (“GEICO”), with liability limits o...

Excerpt: ...and assault and battery civil rights violated. The action involves an incident at defendant Macy's store in Palo Alto, CA on December 23, 2015, in which plaintiff was arrested and charged by the Palo Alto police department for violation of Penal Code sections 69 resisting arrest and 1203.2 probation violation (“incident”). Plaintiff asserts that he was the victim in the incident, and was racially profiled and attacked by the responding police...

Excerpt: ...plaintiff's performance of the contract and that a sum is due to plaintiff. On August 31, 2021, defendant filed the instant demurrer to plaintiff's complaint. The demurrer is a special demurrer filed on the ground that plaintiff does not have the legal capacity to sue. Subdivision (b) of Code of Civil Procedure section 430.10. Amended notice of hearing is on file. No opposition to the demurrer has been filed. Request for judicial notice Defendant...

Excerpt: ...' 91‐year old mother, Ressurrection “Rosie” Arevalo Arteche (“plaintiffs' mother”) entrusted defendant to hold the plaintiffs' mother's cash in five envelopes totaling $25,300 while plaintiffs' mother travelled abroad. The full amount was not returned to plaintiffs' mother after she returned from traveling. A deficiency of $16,200 forms the basis of the lawsuit. On June 23, 2021, defendant propounded identical sets of special interrogat...

Excerpt: ...deed of trust on real property located at 505 Las Coches Ct. in Morgan Hill. (Complaint at ¶ 11, Ex. A.) Plaintiff Sandra Harmon (“Plaintiff”) signed the agreement as Director of Arttec. (Ibid.) The deed of trust named Western Resources Title as the trustee, and CFS as the beneficiary. (Ibid.) On October 11, 2018, an assignment of the deed of trust was recorded, naming Civic Holdings I Trust (“Trust”) c/o Fay Servicing, LLC (“Fay”) a...

Excerpt: ... hearing, plaintiff requested that the court rule on each interrogatory, primarily for a record of rulings on general objections and objections to each request in response and amended response of defendant set forth in defendant's amended responses to plaintiff's request for production, set one. After consideration of the authority and argument of counsel set forth in the papers filed in support, opposition and reply, the court issues the followi...

Excerpt: ...that the term “warranty repairs” is vague, ambiguous, and overbroad is OVERRULED. While defendant may answer the SI by specifying writings where the answer can be derived or ascertained, here the response lacks sufficient detail to permit the propounding party to locate and identify the answer to the SI. The motion to compel further response to the interrogatory is GRANTED. Defendant shall serve a further response to the SI, without objection...

Excerpt: ... for plaintiff's deposition at the office of attorneys for defendant or be permitted to appear remotely via Skype or other platform. Subdivision (a) of Section 2025.310 permits the deposition officer/reporter to appear at the deposition remotely at the election of either the deponent or deposing party, and expressly provides that the deponent is not required to be physically present at the same location with the deposition officer/reporter. While...

Excerpt: ...ue, in Sunnyvale, California (the “Property”) which is Plaintiff's primary residence. (Complaint at ¶ 11.) In May 2007, Plaintiff obtained a loan in the amount of $330,000 from Washington Mutual Bank, FA (“WAMU”), secured by a Deed of Trust against the Property. (Ibid.) The subject loan was assigned multiple times resulting in a constant revolving door of loan beneficiaries and servicers. (Complaint at ¶ 14.) Within a few years of Plain...

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: .... (Id.) In October 2020, Decedent developed signs and symptoms of infection, including chills, a fever, increasing confusion and other symptoms. (Id.) Plaintiff Alice Mohorko‐Lotter (“Plaintiff”) spoke with Decedent on the telephone and noted her increased confusion to staff; however, there is no documentation or evidence that the staff took any steps to follow up on these signs and symptoms, or reported them to her physician. (Id.) Deceden...

Excerpt: ...�) entered into a written lease agreement (the “Lease Agreement”). (Complaint at ¶ 7.) Under the Lease Agreement, defendant Mosaic agreed to lease certain premises located at 3595 Stevens Creek Blvd. in Santa Clara, California, for a term of approximately two (2) years and two (2) months, beginning on or about November 1, 2019, and ending on or about December 31, 2021. (Ibid.) In connection with the Lease Agreement, defendant Eyekick Visual,...

Excerpt: ...or the services. Defendant breached the contract by failing to pay for services. It is further alleged that on January 14, 2014, defendant executed a written guaranty and addendum to the contract. The complaint alleges three causes of action for breach of the written engagement agreement, breach of the written guaranty agreement and for successor in interest. Trial is set for March 21, 2022. On December 21, 2021, plaintiff filed the instant motio...

Excerpt: ...e 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 ...

Excerpt: ... 9, 2020. On November 9, 2021, plaintiff filed the instant motion to disqualify Sheppard, Mullin, Richter & Hampton (“SMRH”) as attorneys for defendant, strike answer of defendant, and for sanctions. On February 3, 2022, defendant filed opposition, and on February 8, 2022, plaintiff filed reply. Summary of contentions Plaintiff asserts that SMRH represents VMware in another, unrelated lawsuit, Awadallah v. VMware, Inc., filed with the Santa C...

Excerpt: ..., 2019, defendants filed a memorandum of costs. Plaintiffs appealed the anti‐SLAPP order, and on July 7, 2021, the Court of Appeal issued its opinion affirming the order (modified on August 11, 2021). Defendants are awarded their costs on appeal. On September 30, 2021 the Court of Appeal issued a remittitur which was amended on October 5, 2021. On October 28, 2021, defendants filed a second memorandum of costs on trial, and a memorandum of cost...

Excerpt: ...2, 2021, defendant filed the instant motion to vacate judgment. On February 3, 2022, plaintiff filed opposition. No reply is on file. Analysis The case involves entry of default of defendant and judgment on the default which is sought to be vacated by defendant. Under these circumstances, subdivision (b) of Code of Civil Procedure section 473 authorizes relief from default if the moving, defaulting party shows that the default was taken through t...

Excerpt: ...n for breach of promissory note, breach of contract and fraud. The action arises out of a loan from plaintiff to WRP for improvement of a real property in Mountain View, CA, a contract related to the project and representations of defendants made to plaintiffs related to the project and the experience and financial condition of WRP. Apparently, the project was not completed, the subject property went into foreclosure, and the loan was not repaid....

Excerpt: ...a Clara County Superior Court case no. 20CV370960 against plaintiff for equitable relief of set aside of the August 4, 2017 (“separate action”). Pursuant to an unsuccessful special motion to strike of First National Bank, Dong was awarded attorneys' fees of $2,200 against First National Bank (“attorneys' fee award”). The separate action is pending. Present motion and summary of contentions On November 19, 2021, plaintiff filed the instant...

Excerpt: ...nts, including Doe Defendants, is responsible for the alleged occurrences. (See complaint, ¶ 6.) Shortly after moving in, Plaintiff was harassed by his neighbors and was bothered by door slamming. (See complaint, ¶ 10.) On October 9, 2020, Plaintiff submitted a form request for reasonable accommodations requesting to be moved to another unit in the building as a reasonable accommodation of his disability. (See complaint, ¶ 11.) Defendants fail...

Excerpt: ...to 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‐defendants Jen Hao Richard Chen (“Chen”), Sheena Chang (“Chang”) and Chung Yeh (“Yeh”) as owners of La Encina. (See SAXC, ¶ 18.) Prior to entering the contract, Foust questioned Chen, Chang and Yeh about La Encina's ability to pay for Group One's services under the contrac...

Excerpt: ...ardi”) was the general contractor retained to construct, design and develop the hotel rooms at Palmetto. (See FAC, ¶ 11.) While staying at the hotel, after taking a shower, Plaintiff slid the tempered glass shower door when it suddenly exploded, shattering over Plaintiff's body, causing Plaintiff to fall to the ground and to sustain multiple lacerations and cuts to her wrists, hands, fingers, legs and feet. (See FAC, ¶ 24.) Plaintiff necessit...

Excerpt: ...m referred to only a circumcision; however, Wherry proceeded to perform a partial penectomy on Bobby Joe. (See complaint, ¶ 6.) On July 23, 2021, plaintiffs Bobby Joe and Lorraine Smith (collectively, “Plaintiffs”) filed a complaint against Defendants, asserting causes of action for: 1) Medical negligence; 2) Medical battery; 3) Elder abuse; 4) Violation of the Consumer Legal Remedies Act; and, 5) Loss of consortium. Defendants demur to the ...

Excerpt: ...alt”), a California corporation. (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 t...

Excerpt: ... defendant Silicon Valley Academy Project [sued herein as Silicon Valley Academy and Silicon Valley Academy Project (SVA Project)] (“SVAP”). According to the operative second amended complaint (“SAC”), 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 SAC at BC‐2, GN‐1.) The alleged student had a history of violent behavior and had access to d...

Excerpt: ... Office products, including licenses to Microsoft Office 365 (“Office 365”). (Ibid.) Defendant Synnex Corporation (“Synnex”) is an IT distribution and customer care outsourced services provider. (FAC at ¶ 15.) Synnex is the largest and most cost‐effective distributor of Office 365 for small businesses like MCS, and is Microsoft's preferred distributor of Office 365. (Ibid.) In early 2016, MCS and Synnex entered into an agreement, which...

Excerpt: ...itten discovery and depositions of parties and witnesses, including experts. Trial was initially set on April 13, 2020, but was 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 pursuant to ex parte application for order shortening time to hear the instant motion and companion motion for leave to amend expert witness disclosure. A further case manag...

Excerpt: ...e a 40% ownership interest in Crossland in exchange for $4,000.000, and Heng Huang (“Huang”) would receive a 2% ownership interest in exchange for a capital contribution of $200,000. (See complaint, ¶ 5.) The shareholder agreement provided that each Crossland shareholder would make respective capital contributions in installments in September 2018, October 2018, March 2019 and March 2020, and that Crossland's Board of Directors would be comp...

Excerpt: ...judgment issued and was recorded with the Santa Clara County Recorder's Office (“SCC Recorder's Office”). Defendants unsuccessfully appealed the summary judgment, and on July 10, 2014, a second abstract of judgment (“2014 abstract”) was issued and recorded on July 24, 2014 with the SCC Recorder's Office. On August 23, 2021, plaintiff‐judgment creditor filed application for and renewal of judgment. On August 30, 2021, judgment creditor d...

Excerpt: ...�Kyles defendants”) owned all of the shares of plaintiff Recycling Specialists, Inc. (“RS Inc.”). (See complaint, ¶ 9.) Plaintiff Recycling Specialists, LLC (“RS LLC”) and the Kyles defendants discussed the sale of RS Inc. and RS LLC reviewed the operations and financial information provided by the Kyles defendants and their accountant, defendant Johansen & Yau Accountancy Corp. (“J&Y”). (Id.) Specifically, the Kyles defendants inf...

Excerpt: ...mother and son, jointly own real property located at 2145 Chona Court in San Jose, California (“Ascarie Property”). (See FAC at ¶ 8.) Plaintiff Shayon was married to Jeanna Ascarie2 (“Jeanna”) but the two are currently involved in a dissolution proceeding in Santa Clara County. (Id. at ¶ 7.) On May 16, 2019, an action was filed in Santa Clara County in connection with the Ascarie Property involving an easement dispute (the “Easement A...

Excerpt: ...laron and Glorino Fularon (collectively, “Cross‐Complainants”) and cross‐defendants Maribel Ramirez, Catalina Dizon, and Antonio Dizon (collectively, “Plaintiffs” or “Cross‐Defendants”) entered into a Joint Venture and oral agreement to purchase the Subject Property. (Cross‐Complaint at ¶¶ 18‐20.) Under the agreement, the parties would contribute towards the down payment for purchase of the Subject Property. (Id. at ¶ 21....

Excerpt: ...s disputed in the instant motion whether Anthony is a beneficiary or is disinherited. On October 26, 2020, plaintiffs Angelo and Anthony (collectively “plaintiffs”) filed complaint against defendant Michael Agustine in connection with the fifth amendment, alleging causes of action for financial elder abuse, intentional interference with expected inheritance, fraud, unjust enrichment, constructive trust, damages and attorney's fees pursuant to...

Excerpt: ...Colkitt, Lore Flickinger and Joanne Russell (“defendants”). The complaint alleges four causes of action for elder abuse and neglect, violation of patient rights, negligence and wrongful death. On September 16, 2021, Valley House filed the instant motion to compel arbitration and stay proceedings. On December 29, 2021, plaintiffs filed opposition, and on January 6, 2021, Valley House filed reply. Valley House is a skilled nursing facility. On ...

Excerpt: ...greement with Defendants where the parties would each contribute 50% of the cost to co‐purchase and co‐own 38 vehicles costing $262,286.00 at auction and then resell them at a profit on a weekly basis. (See SAC, ¶¶ 1, 9.) The profits would be divided each week equally between Plaintiff and Defendants, with each taking the profit or rolling it over into the sales the following week. (See SAC, ¶ 9, subpara. C.) Pending their sale, the subjec...

Excerpt: ...r than dismissing it without prejudice.” On May 6, 2021, the Court of Appeal, Sixth Appellate District issued ruling finding that it had no jurisdiction over the appeal, dismissing the appeal on that basis and ordering that “(T)he parties shall bear their own costs.” On August 12, 2021, defendants submitted for filing the instant motion for attorneys' fees and costs. Filing was rejected by the clerk of court, and the court granted defendant...

Excerpt: ...se for $182,000. (See SAC, ¶ 8.) While SKW Capital contracted for the services with EAD, the subject property which benefitted from the services was held in the name of defendant SKW San Jose LLC (“SKW San Jose”). (See SAC, ¶ 9.) SKW San Jose would later make all payments to EAD for services rendered at the subject property and SKW San Jose, SJW Capital and defendant SKW One, LLC (“SKW One”) are the alter ego entities of defendant Sid W...

Excerpt: ...s is a member. Sommers died during the pendency of the action, and no successor in interest has appeared in the action. No opposition is filed by plaintiffs. Request for judicial notice Defendants' request for judicial notice of plaintiffs' complaint filed in this action (Exhibit 1), defendants' motion for terminating and monetary sanctions for plaintiffs' refusal to comply with discovery orders (Exhibit 2), and judgment filed in this action on J...

Excerpt: ...ure, Huan amputated a large part of Luke's penis, failed to mitigate the injury, failed to preserve the amputated tissue in a timely manner, and failed to make a timely effort to arrange for reattachment of the tissue, thereby causing injury and requiring additional surgery to reattach the amputated tissue. (See FAC, ¶¶ 20, 21, 25‐26.) Luke is still recovering from that surgery and may require further surgeries in the future. (See FAC, ¶ 25....

Excerpt: ...o a written contract with defendant Eyedetec Medical, Inc. (“Eyedetec”) and its president and chief executive officer, Barry Linder (collectively, “Defendants”). (FAC at ¶¶ 2‐3, 7.) The agreement was for the design and development of a console control system for an electronic medical device called EyeGiene Lipid Mobilizer System, intended for the treatment of eye disorders. (Id. at ¶ 7.) In December 2018, plaintiff EMS entered into a...