Excerpt: ...ough the Low‐Income Housing Tax Credit to rent the property at 135 Franklin Street, Unit #103, Mountain View, California. (FAC, ¶ 9.) On August 1, 2019, Plaintiff moved into the apartment, receiving government benefits which defendant FPI Management, Inc. (“FPI”) knew were contributed to Plaintiff's rent. (Id.) Shortly after moving in, Plaintiff began having issues with his neighbors. (FAC, ¶ 10.) Plaintiff's neighbors would make unusuall...

Excerpt: ...mpetition, breach of contract, and Labor Code violations for failure to pay wages twice per month. The causes of action arise from plaintiff's position as an HR and employee benefits consultant for defendant. On April 20, 2022, defendant filed the instant motion to compel arbitration. On June 22, 2022, plaintiff filed opposition and on June 27, 2022, defendant filed reply. Summary of contentions Defendant asserts that the parties entered into a v...

Excerpt: ... loan to $123,000.00. (Complaint, ¶ 8.) Subsequently, FCI Lender Services, Inc. (“FCI”) is believed to have become the servicer of the loan on behalf of Mr. Natterstad. (Complaint, ¶ 9.) Between July 2005 and February 2019, Plaintiff diligently made each and every payment due under the loan, however, his principal balance appeared to increase to $132,071.40 without any justification and he grew weary of the balance increase. (Complaint, ¶�...

Excerpt: ...defendants Patrick Wherry, M.D. (“Wherry”) and Urological Surgeons of Northern California (“USNC”) (collectively, “Defendants”) for surgery intended to be “circumcision only.” (FAC at ¶¶ 5, 7.) Defendant Wherry represented to plaintiff Bobby Joe that he needed circumcision to facilitate flow during urination, and to facilitate needed cystoscopy examinations. (Id. at ¶ 7.) Despite these representations, defendant Wherry performe...

Excerpt: ... wheelie on the bicycle to show off for his friends riding straight through a stop sign in a parking lot crowded with vehicles and pedestrians. (Complaint, ¶ 25.) Brandon lost control of the bicycle and slammed into plaintiff Cynthia Hernandez (“Plaintiff”). (Complaint, ¶ 26.) Plaintiff sustained serious injuries as a result of the collision. (Complaint, ¶ 15.) On November 30, 2021, Plaintiff filed a complaint alleging negligence and punit...

Excerpt: ...McManis Faulkner (“MF”). On March 8, 2020, the motion was heard, and the court granted the motion disqualifying MF from further representation of plaintiff in the action. On March 16, 2022, plaintiff filed notice of appeal. On April 4, 2022, defendant filed the instant motion to stay all trial proceedings pending appeals. On June 3, 2022, plaintiff filed opposition, and on June 9, 2022, defendant filed reply. Summary of contentions Defendant ...

Excerpt: ... October 1, 2019, plaintiff filed notice of appeal, challenging the order granting the antiSLAPP 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 plaintif...

Excerpt: ... traveling westbound in the #2 lane on Tully Road at approximately 35‐40 mph. (FAC at ¶ 13.) Defendant Edward Rico, Jr. (“Defendant”) was driving eastbound on Tully Road at an extreme and reckless speed in excess of the 40 mph speed limit. (Id. at ¶ 14.) Without yielding to Plaintiff's right of way, Defendant made an unsafe left turn from eastbound Tully Road at an unsafe speed attempting to enter a shopping center and violently struck th...

Excerpt: ...ill located at 2650 John Smith Road in Hollister, California (“John Smith Road landfill”). (See Defendants' Separate Statement of Undisputed Facts [“SSUF”] at Nos. 1‐2.) Waste Connections owns and operates the landfill, and by extension was responsible for managing, supervising, training, and disciplining its employees, including Mr. Canela. (Id. at No. 13.) Mr. Canela started off as a general landfill worker before being assigned as a ...

Excerpt: ...en the vehicle driven by defendant took an illegal left turn and hit the vehicle driven by plaintiff, causing physical injury to plaintiff. On May 6, 2021, plaintiff filed the operative first amended complaint (“FAC”) adding SCP Distributors, LLC, (“SCP”) and government entities, State of California, County of Santa Clara and City of San Jose as defendants. It is alleged that at the time of the accident, defendant was driving the vehicle ...

Excerpt: ...emises located at 715 W. Hamilton Ave., Apt. 301 Campbell, CA 95008. (Id.) The agreement was a 12 month lease, renewable as a month‐to‐ month lease thereafter, subject to the annual recertification of Plaintiff's BMR eligibility by Alvin's and final approval by the City. (Id.) In February and May 2016, Alvin's certified Plaintiff's BMR eligibility at move‐in and Plaintiff was approved to rent by the City. (FAC, ¶ 67.) On June 7, 2016, defe...

Excerpt: ...a nail salon known as Kim's Nail Care, located at 540 Emerson Street in Palo Alto, California. (See Defendants' Separate Statement of Undisputed Facts [“SSUF”] at No. 1.) The entrance to the salon includes a step up which leads to double doors into the salon from the street. (Ibid.) On July 25, 2015, plaintiff Gloria Phillips (“Plaintiff”) and her husband entered the nail salon through the double doors. (See Defendants' SSUF at No. 2.) On...

Excerpt: ...able to defendants for overpayment of fees) for services rendered by plaintiffs as defendants' legal counsel. On March 21, 2021, defendants served plaintiffs with written discovery, including requests for production of documents, set one (“RPD”). The RPD is the discovery at issue. On May 17, 2021, plaintiffs served responses to RPD indicating plaintiffs would comply with the RPD and produce all responsive documents. The parties participated i...

Excerpt: ... Code section 2924.17, breach of good faith and fair dealing, negligence, wrongful foreclosure, cancellation of instruments, violation of Business and Professions Code section 17200, and quiet title. The action pertains to a loan secured by deed of trust (“DOT”) on the real property at 181 Fennel Court, Morgan Hill, CA (“subject property”). On December 2, 2020, plaintiff recorded a lis pendens. On December 4, 2020, a trustee's sale pursua...

Excerpt: ...tures, Inc. (“tenant”). The complaint alleges that defendants guaranteed the tenant's performance of its obligations under the lease to the premises, including the payment of rent. On December 14, 2021, the court granted plaintiff's motion to compel each defendant to serve further responses and produce documents pursuant to plaintiff's request for production of documents. Written order was filed January 24, 2022 (“discovery order”). On Fe...

Excerpt: ...rading LLC (“BMCE”), CIASOM LLC (“CIASOM”), Paul J. Shrater (“Shrater”), Andrew Stack (“Stack”), and Jason Azevedo (“Azevedo”): (1) are members, founders, officers, and principals of Advoque, (2) controlled Advoque's finances, and (3) were insiders. (Complaint, ¶ 31.) On July 29, 2020, plaintiff Professional Plastics, Inc. (“Plaintiff”) entered into a written contract with Advoque for the purchase of 4.5 million NIOSH app...

Excerpt: ...ntiff's attorney failed to appear, and the action was dismissed without prejudice. On February 7, 2022, First Law Group substituted out as attorney for plaintiff, and Eric Forstrom, Forstrom Law, substituted in as attorney for plaintiff. On February 7, 2022, plaintiff, through attorney Forstrom, filed the instant motion to set aside order of dismissal. On April 13, 2022, defendants Robert Anderson and Amanda Anderson (“defendants”) filed oppo...

Excerpt: ...tion. Also at issue is a related motion to seal by all the defendants, which is GRANTED. I. BACKGROUND A. Allegations of the Operative Complaint Plaintiff immigrated to the United States from Lebanon in 1988 and identifies as a LebaneseAmerican and Muslim‐American. (Compl., ¶ 13.) The City hired him in 1996 and placed him on patrol duty after he graduated from the police academy the following year. (Compl., ¶ 14.) After the September 11, 2001...

Excerpt: ... action against Cirexx only for failure to prevent harassment, negligent hiring, supervision and retention, retaliation in violation of FEHA, wrongful termination, and retaliation in violation of the Labor Code. On or about September 27, 2021, after plaintiff's employment with Cirexx ended, plaintiff obtained employment with United Rentals, Inc. (“United Rentals”). On February 22, 2022, defendants served subpoena on United Rentals for product...

Excerpt: ... demurrer to the complaint which was sustained with leave to amend on October 22, 2021, and plaintiffs filed first amended complaint (“FAC”) on November 8, 2021. This mooted Chase and Fannie Mae's demurrer. JKC3H8 v. Colton (2013) 221 Cal.App.4th 468, 477. Defendants Chase, Fannie Mae, Wilmington Savings Fund Society, FSB dba Christiana Trust, Selene Finance LP and Rinconada Hills Association demurred to the FAC which were heard and sustained...

Excerpt: ...2022, defendant filed reply. Summary of contentions Defendant asserts that plaintiff failed to serve response to the RFA when due and had not served response as of date of filing the instant motion. In opposition, plaintiff asserts that the motion is moot because plaintiff served responses after the motion was filed and before the hearing, and that sanctions should be denied because of a lack of meet and confer by defendant and because attorneys'...

Excerpt: ...ryessa Flood Protection Project for the Santa Clara Valley Water District. (See complaint, ¶¶ 4, 6, exh. A.) Defendant performed laboratory tests to determine whether soil materials would meet the District's specifications for use in the levees being constructed by Plaintiff, including with respect to Atterberg Limits of the soil, and performed laboratory tests to provide Plaintiff with guidance on meeting soil compaction requirements in constr...

Excerpt: ...ach of contract against defendant Mendelson only. On February 18, 2022, Mendelson and Brega each served notice of deposition of plaintiff's person most knowledgeable (“PMK”) with the depositions of plaintiff's PMK occurring on successive days. Plaintiff objected to the depositions, and meet and confer was unsuccessful in resolving the objections. As a result, on March 11, 2022, plaintiff filed the instant motion for protective order regarding...

Excerpt: ...for sale, repair and service of vehicles manufactured by Ford. Ford and Crown are not 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, plaintiffs filed complaint against Ford and Crown, alleging against Ford violations of the Song‐Beverley Consumer Warranty Act, Civil Code sections 1790 et seq. (“Song‐Beverly Act”), alleging of three c...

Excerpt: ...oss‐complainant Gangyou Wang's (“Wang”) (collectively “XComplainants”) application for an L‐1 non‐immigration U.S. visa and his related EB‐1 green card visa. (Complaint, ¶¶ 13‐14.) In 2013, Quintara was an established company, but needed capital to expand its business and solve a cash flow issue. (Complaint, ¶ 15.) Wang asked Dr. Shan, Quintara's co‐founder, whether Quintara needed investments and proposed a plan under whic...