Excerpt: ...ndant. BASM and Payroll remain as defendants in the operative second amended complaint, and are referred to collectively in this tentative ruling as “defendants”. On November 22, 2021, defendants filed the instant motion to compel further testimony and production of documents by plaintiff's Person Most Qualified (“PMQ”), and ex parte application for order shortening time for hearing was granted. On December 10, 2021, plaintiff filed oppos...

Excerpt: ...craft initially had difficulty starting its left engine, but after deplaning the passengers twice, Hijazi and Does 1‐20 were able to start the engine. (See complaint, ¶ 14.) Although Hijazi and Does 1‐20 were given IFR instructions multiple times by the air traffic/ground controllers at RAL, Hijazi and Does 1‐20 were confused and disoriented by the communications, requiring progressive tax instructions to reach the active runway. (See comp...

Excerpt: ...aranteed the tenant's performance of its obligations under the lease to the premises, including the payment of rent. According to plaintiff, tenant continued in possession of the premises, and vacated the premises in late April 2021. From the date of filing of plaintiff's complaint to the date the tenant vacated the premises, plaintiff contends that tenant continued to fail to pay all rent when due, increasing the amount of damages to plaintiff. ...

Excerpt: ...filed complaint against defendant alleging causes of action for violations of the California Fair Employment and Housing Act (“FEHA”) for disability discrimination, failure to engage in the interactive process, failure to provide reasonable accommodations, and retaliation. The complaint includes an allegation that “As a direct and proximate result of the unlawful actions committed by defendant as described herein, Plaintiff has suffered and...

Excerpt: ...le to reach a resolution. On December 5, 2019, plaintiff filed complaint against defendant in this action, alleging violations of the Song‐Beverly Act (“Song‐Beverly”). On February 13, 2020, defendant served an offer to compromise pursuant to Code of Civil Procedure section 998 (“first 998 offer”) in the amount of $66,500 which was not accepted by plaintiffs and expired. On January 5, 2021, defendant served a second offer to compromis...

Excerpt: ...fendant's counsel acknowledged that plaintiff had filed and served a companion motion for relief from waiver of objections in connection with defendant's discovery requests. The court was not aware of the filing, and therefore, hearing on defendant's motions on the discovery requests were continued to the instant hearing, and deemed submitted on the continued hearing date, in order to consider defendant's companion motion. Following consideration...

Excerpt: ...mance, and declaratory and injunctive relief in connection with a written contract for the purchase of shares/membership units (“shares”) in 5150 ECR Group LLC (“ECR Group” and “purchase agreement”). On March 25, 2021, a written settlement agreement was signed by plaintiff and defendant resolving the lawsuit between plaintiff and defendant only (“settlement agreement”). The settlement agreement provides for payments from defendant...

Excerpt: ...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 Drive. (FAC at ¶ 15.) Plaintiff Wang subsequently tran...

Excerpt: ...nd 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 motions of plaintiff. A further case management conference is set on February 8, 2022. Current motions On Augus...

Excerpt: ...ceived 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 that, in turn, the harassing and...

Excerpt: ...Raymond Handley 1992 Trust (the “Trust”). (Complaint at ¶ 1.) The Trust held a 43.12325% interest in the limited partnership known as the Renault & Handley Oakmead Solar Joint Venture Limited Partnership (the “Partnership”). (Ibid.) The Partnership has its principal place of business in Palo Alto, California. (Id. at ¶ 3.) The Handley Management Corporation (“HMC” or the “General Partner”) is the general partner of the Partnersh...

Excerpt: ...May 31, 2019, plaintiff filed complaint against defendant alleging a single cause of action for negligence. On October 15, 2019, plaintiff served defendant with form interrogatories, set one; special interrogatories, set one; and request for production of documents, sets one. On December 4, 2019, defendant served responses to the discovery requests. On September 11, 2020, defendant served an amended response to the request for production of docum...

Excerpt: ...ts on the hallway floor. As a result, plaintiff sustained injuries to his back, knees, and shoulder. On June 18, 2018 defendant Milpitas Mills Limited Partnership served plaintiff with form interrogatories, special interrogatories and request for production of documents. Plaintiff failed to serve timely responses to the discovery requests. On October 17, 2018, defendant Milpitas Mills Limited Partnership filed motion to compel further responses f...

Excerpt: ...ct; (4) Breach of Fiduciary Duty; and (5) Conversion. According to the allegations of the complaint, in 2016, plaintiff Calisi retained defendant Dunham Associates CPAs, Inc. (“Dunham CPA”) to perform bookkeeping and tax services for both plaintiff individually, and Odeum. Defendants Dunham CPA and Rick D. Dunham (“Dunham”) (collectively, “Defendants”) agreed to perform bookkeeping and accounting services for the fiscal years 2016, 20...

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: ... Plaintiff has owned and resided in with his family since 1990. (Ibid.) Plaintiff allegedly signed a Promissory Note for a Home Equity Line of Credit in the amount of $40,500 (“Note”) where he was the trustor and First Magnus Financial Corporation (“First Magnus”) was the original beneficiary. (Complaint at ¶ 6.) In connection with the Note, Plaintiff signed a Deed of Trust secured by the Property and recorded on September 8, 2006 to the...

Excerpt: ...ubpoena for business records. The subpoena seeks production of cell phone records for a phone used by plaintiff over a period of hours on the day of the incident which is the subject of the lawsuit. Sprint has refused to produce the records, unless it receives customer authorization or is ordered by the court pursuant to provisions of the Public Utilities Code. The customer of Sprint for the cell phone number is a non‐party, and the papers in s...

Excerpt: ...ctured and/or distributed by defendant GM. (Complaint at ¶ 8.) In connection with the purchase, Plaintiffs received various warranties including, but not limited to, a 3‐year/36,000‐mile express bumper to bumper warranty, a 5‐year/100,000 mile express powertrain warranty which covers the engine and transmission. (Complaint at ¶ 9.) The warranty provided, in relevant part, that in the event a defect developed with the subject Vehicle durin...

Excerpt: ...and Elaine Gallun, individually and as trustee of the Gallun 2002 Revocable Trust (collectively, “Defendants”), to drive across the corner of the property to be purchased at 19605 Redberry Drive in Los Gatos (“Oswalt property”), in exchange for the owners of the Oswalt property were allowed to trim trees on the Gallun property so that no trees blocked the city view from the first story of the existing ranchstyle home on the Oswalt propert...

Excerpt: ...de, in exchange for payment, materials testing and inspection services to support BWI's construction of levees for the Lower Berryessa Creek Flood Protection Project (“Project”) for the Santa Clara Valley District (“District”). (Complaint at ¶ 4, Ex. A.) Under the Agreement, Twining provided materials testing and inspection services. (Complaint at ¶ 6.) Among other things, Twining performed laboratory tests to determine whether soil mat...

Excerpt: ... Timothy Manderson (“Timothy”), driving a vehicle owned by his parents, defendants Michelle and Barry Manderson, crashed into Dickson and O'Neill, while driving under the influence. (See UMFs 4, 7‐8.) Both Dickson and O'Neill (collectively, “Plaintiffs”) suffered extensive injuries requiring multiple surgeries, weeks of hospitalization and therapy and months of confinement to a wheelchair. (See Pl.'s separate statement of additional mat...

Excerpt: ...uals residing in Santa Clara County. (Id. at ¶¶ 2‐3.) Plaintiffs Neil, Anne, and Addison are collectively identified as “Plaintiffs.” Defendant WRP Properties, LLC (“WRP”) is a California limited liability company doing business in Santa Clara County. (Complaint at ¶ 4.) Defendant Stead Financial, Inc. (“Stead Financial”) is a California limited liability company doing business in Santa Clara County and the managing member of WRP...

Excerpt: ...atton, KSST, KSBT and TSGT reached an agreement wherein KSST, KSBT and TSGT agreed to transfer all their respective membership interest in Samos—75% in total—to Stratton in exchange for $3,000,000. (See complaint, ¶ 10.) The parties to this transaction approached Daniel J. Mash (“Mash”) of plaintiff McPharlin Sprinkes and Thomas LLP (“Plaintiff”) to prepare an agreement to facilitate the transaction. (See complaint, ¶ 11.) Mash prep...

Excerpt: ... complaint (“FAC”) to add three causes of action. The three causes of action arise from two incidents, each separate from the subject incident that occurred at San Jose International Airport, and separate from each other, one that occurred on December 8, 2019 d at an airport in Miami, Florida and the other that occurred on January 29, 2020 at an airport in Washington D.C. In all events, it is alleged that Signature damaged aircraft owned by i...

Excerpt: ... alleges nine causes of action arising from plaintiff's membership interest in Rosemead, limited partner interest in Monument 3, Realty 7, Monument 3, Realty 8, Willowbend Apartments and Willowbend Hwang, and alleged breach of fiduciary and statutory duties owed to plaintiff, and violations of the Corporations Code. The complaint seeks compensatory damages, punitive damages, accounting, declaratory relief and attorney fees. On August 13, 2021 pla...

Excerpt: ... alleges nine causes of action arising from plaintiff's membership interest in Rosemead, limited partner interest in Monument 3, Realty 7, Monument 3, Realty 8, Willowbend Apartments and Willowbend Hwang, and alleged breach of fiduciary and statutory duties owed to plaintiff, and violations of the Corporations Code. The complaint seeks compensatory damages, punitive damages, accounting, declaratory relief and attorney fees. Motion to quash subpoe...

Excerpt: ...sustain a deviated septum, and suffer a traumatic brain injury. The injuries and resulting trauma and symptoms alleged in the complaint are summarized in the minute order of April 15, 2021, and will not be restated here. Plaintiff and defendant each have a motion to compel discovery set for hearing. Plaintiff's motion to compel On April 12, 2021, plaintiff filed the instant motion to compel defendant to provide further response to request for adm...

Excerpt: ...e (“Opa Verde”). On November 18, 2014, Kaddu filed first amended complaint adding Arlette Gauze and Remy Sanouillet as cross defendants (“Sanouillets”) On August 4, 2015, Kaddu filed a third amended cross complaint (“TAXC”). The TAXC alleged that Cornet and Opa Verde breached a written contract entered into with Kaddu, that Sanouillets were liable for the breach of contract on theories of alter ego of Opa Verde, and that Kaddu was ent...

Excerpt: ...at real property located at 121 Vista Del Lago in Los Gatos, California. (Complaint at ¶¶ 6, 31.) Plaintiff Ronen purchased the subject property on January 28, 1994. (Id. at ¶ 31.) While difficult to determine, Plaintiffs allege multiple defendants, including mostly banks and other financial institutions, intentionally conned, tricked, and maliciously deceived plaintiff Ronen into signing fraudulent documents and instruments in connection with...

Excerpt: ...urchase contract contains a provision for arbitration of disputes. On January 8, 2021, plaintiff filed complaint against defendant for violations of the SongBeverley Consumer Warranty Act, alleging three causes of action for violations of separate subdivisions of Civil Code section 1793.1, a cause of action for breach of express warranty (Civil Code sections 1791.2(a) and 1794), and a cause of action for breach of implied warranty of merchantabil...

Excerpt: ... federal courts with jurisdiction over disputes arising in Palo Alto, CA are the forums to adjudicate disputes under the agreement. The offer and confidentiality agreement are considered by the parties to be an integrated employment agreement (“employment agreement”). These facts are largely undisputed. Thereafter, upon commencement of employment, defendant presented plaintiff with several documents, including a dispute resolution protocol ag...

Excerpt: ...ed GCI out of bankruptcy, with Swallow and the Lunardis as equal 50% shareholders. (See UMF 2.) From 2007 until June 9, 2017, Swallow owned 12,500 shares of GCI, and the Lunardis or the Lunardi Family Living Trust (“Lunardi Trust”) owned the remaining 12,500 shares. (See UMF 3.) From 2007 until June 26, 2016, Swallow, Peter and Jeanine comprised GCI's Board of Directors. (See UMF 4.) On July 1, 2008, GCI elected to become a subchapter S corpo...

Excerpt: ..., Plaintiff may be a “debt buyer.” (Ibid.) Defendant Juan Cano Salcedo (“Defendant”) is an individual who owns and lives at 1549 Mt. Palomar Drive in San Jose, California. (Complaint at ¶ 2.) Defendant is also the former owner of property located at 3025 Horsetail Drive in Stockton, California (the “Property”). (Id. at ¶ 5.) On February 7, 2007, Defendant opened a home equity line of credit in the maximum amount of $45,000 with Nati...

Excerpt: ...nswer to reply. After considering the authority and argument of counsel and defendant in the papers filed in support, opposition, reply, and answer to reply, and further considering the further responses filed by defendant, the court makes the following tentative ruling. Form Interrogatory no. 15.1 The objections of defendant are OVERRULED, and the in the initial response is evasive, incomplete and is not in compliance with the Code of Civil Proc...

Excerpt: ...s the proxy or agent of state labor law enforcement agencies, representing the same legal right and interest as those agencies, in a proceeding that is designed to protect the public, not to benefit private parties. Villacres v. ABM Industries Inc. (2010) 189 Cal. App. 4th 562. The purpose of PAGA is not to recover damages or restitution, but to create a means of “deputizing” citizens as private attorneys general to enforce the Labor Code; th...

Excerpt: ... began dating and Battaglia shortly thereafter moved into Koechlin's home in Los Gatos. (FACC at ¶ 7.) Battaglia portrayed himself as a man of means who lived a luxurious lifestyle, purchasing expensive tickets to sporting events and travel. (Id. at ¶ 9.) He also created an image to fit the part of a well‐spoken, well‐dressed, and well‐traveled businessman. (Ibid.) During the first year after Battaglia moved in, Koechlin paid nearly all t...

Excerpt: ...1, 2019, plaintiff filed complaint against defendant alleging a single cause of action for negligence. On October 15, 2019, plaintiff served defendant with form interrogatories, set one; special interrogatories, set one; and request for production of documents, sets one. On December 4, 2019, defendant served responses to the discovery requests. On September 11, 2020, defendant served an amended response to the request for production of documents,...

Excerpt: ... 11989 Magdalena Avenue in Los Altos Hills (“Bikle property”), adjacent to the McNish property. (See FAC, ¶ 3.) Indu Singla and Chandra Singla reside at and are the owners of 11985 Magdalena Avenue in Los Altos Hills, adjacent to the Bikle and McNish properties. (See FAC, ¶ 4.) The McNish property is burdened and benefited by several easements, including a 30' access easement on the northeastern part of the McNish property. (See FAC, ¶¶ 1...

Excerpt: ...de an unsafe turn that resulted in Plaintiff and her bicycle being crushed against the curb, resulting in severe and irreparable injury to Plaintiff's left leg and damage to her bicycle. (See FAC, ¶¶ 4, 6‐9.) Plaintiff was visible to the mirrors of the subject Freightliner semi‐truck the entire time prior to the collision. (See FAC, ¶¶ 6, 12‐14, 21.) After the collision, Hysaj fled the scene, leaving Plaintiff lying on the street with o...

Excerpt: ...ional tort – intentional infliction of emotional distress, and violations of the Unruh Civil Rights Act. On August 13, 2020, the court entered orders on cross‐motions for summary judgment denying defendant's motion for summary adjudication on the first cause of action for general negligence, granting defendant's motion for summary judgment on the second and third causes of action of the FAC for intentional tort and violations of the Unruh Civ...

Excerpt: ...tiff Sarah Vaughn (“Plaintiff”) was admitted to Covia's facility; she was wheelchair bound, considered non‐ambulatory and required two people to assist in physical movement. (See SAC, ¶ 12.) Covia assigned Rodriguez to the care and custody of Plaintiff as a certified nursing assistant. (See SAC, ¶¶ 13‐14.) On June 9, 2019, Rodriguez sexually assaulted and battered Plaintiff. (See SAC, ¶ 15.) Rodriguez previously committed similar acts...

Excerpt: ...he complaint of medical treatment, resulting physical injuries and emotional distress, and incurred medical and related expenses are set forth in the order re: defendants' motion for summary judgment, incorporated, but not restated herein, in the interest of brevity. On September 18, 2019, plaintiff Christopher Johnson filed dismissal of the second cause of action for loss of consortium. On February 2, 2021, defendant filed a motion for summary o...

Excerpt: ...Elvira Valino and Phillip Hung on behalf of defendant NK Building Construction Group, Inc. On June 22, 2021, defendants filed demurrer to the first, second and third causes of action of the complaint. Plaintiffs have not filed opposition. Defendants have shown good cause to sustain the demurrer, and the demurrer to the first, second and third causes of action of the complaint is SUSTAINED. The court will address whether a grant of leave to amend ...

Excerpt: ... authorized by the court, on August 31, 2021, plaintiff filed surreply and supplemental declaration, and on September 2, 2021, defendants filed supplemental declaration. Background On December 22, 2015, plaintiff signed an employment contract to serve as CEO, director and chairman of Boyton Ltd and its subsidiaries, including Byton NA (“employment contract”). Plaintiff worked for Byton Ltd in Hong Kong at the beginning of this employment. Eff...

Excerpt: ... June 23, 2021, defendants filed the instant petition/motion to compel arbitration and for stay of action. On September 10, 2021, plaintiff filed opposition and on September 16, 2021, defendants filed reply. Summary of Contentions Defendants assert that defendant Kesel and plaintiff are signatory parties to a shareholders' agreement dated May 26, 1998 (“May Agreement”) and that defendants and former plaintiff Larry Gilberg are signatory parti...

Excerpt: ...at the conduct of defendant is in violation of the Song‐Beverly Consumer Warranty Act. On June 2, 2021, plaintiff filed three motions to compel further responses from defendant: (1) to special interrogatories, set one (calendar line 4); (2) to form interrogatories, set one (calendar line 5); and (3) to request for production of documents, set one (calendar line 6). On September 8, 2021, defendant filed opposition to the motion to compel further...

Excerpt: ...title to the property as: “Robert J. Stevens, an Unmarried Man and Michelle Kalish, an Unmarried Woman as Joint Tenants.” (Id. at ¶ 13.) They later transferred their respective interests to their respective revocable trusts so that title of the real property was held as: “Michelle M. Kalish Trustee of the Michelle M. Kalish Trust dated 5/30/2013, and Robert J. Stevens Trustee of the Robert J Stevens Trust dated May 30, 2013.” (Ibid.) Sin...

Excerpt: ...r telephone containing seven categories and requesting the following information: Any and all wireless phone activity data records, documents, writings, recordings, electronically or otherwise stored...that include but are not limited: (1) records, time and duration of incoming and outgoing calls placed or received by the telephone number..., owned or associated with Sarah Vaughn...for dates from May 3, 2019 t June 13, 2019; (2) call logs contain...

Excerpt: ...rest per annum, with the condition that the demand could not be made before the occurrence of an Urban liquidity event creating distributable cash resources in such an amount sufficient to fully repay the loan, and Plaintiff being made aware of the event so that they could then make the demand. (See TAC, ¶¶ 9, 10 (also alleging that “Defendants could not be obligated to repay the loan (even if a demand had been made) before Plaintiff was made...

Excerpt: ....) During the night, Plaintiff would record muffled voices coming from her ears, and the following morning, she would analyze the recordings and could understand some sentences. (Id.) Nineteen months after her face lift, an ENT doctor used an otoscope and found unidentified structures in her ears. (Id.) A foreign big nanotechnology company valued one of the implants—a nano diamond in her right ear—at several thousand dollars. (See FAC, pp.2�...