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: ...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: ... 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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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 ...