Excerpt: ...UCLA's Institute for Technology Advancement (“ITA”) and suggested that Plaintiff present to ITA. (See 4AC, ¶¶ 49‐51.) On October 7, 2009, Plaintiff provided Konda Tech's business presentation to Markovic and ITA in confidence. (See 4AC, ¶ 51.) Markovic began the presentation by presenting the confidential Konda Tech Business Presentation to defendant Leslie Lackman (“Lackman”), deputy director for ITA. (Id.) Despite the business pres...

Excerpt: ...n Ave., Apt. 301 (hereinafter, “subject premises”). (See complaint, ¶¶ 2, 6‐7.) The lease was a 12‐month lease, renewable as a month‐to‐ month lease thereafter, subject to the annual recertification of Plaintiff's BMR eligibility by defendant Alvin's Corner at Penny Lane, LLC (“Alvin's”) and approval from City. (See complaint, ¶ 8.) Alvin's certified Plaintiff's BMR eligibility at move‐in in February 2016 and subsequently the...

Excerpt: ...pril 6, 2021, the court requested supplemental briefing, and the motion was continued to May 27, 2021. On April 8, 2021, the parties stipulated to continue hearing to September 2, 2021. On August 11, 2021, Park Capital and Adam filed a supplemental brief in support; on August 20, 2021, plaintiff filed supplemental opposition; and on August 26, 2021, Park Capital and Adam filed reply. Background On August 30, 2019, plaintiff filed complaint agains...

Excerpt: ...UCLA's Institute for Technology Advancement (“ITA”) and suggested that Plaintiff present to ITA. (See 4AC, ¶¶ 49‐51.) On October 7, 2009, Plaintiff provided Konda Tech's business presentation to Markovic and ITA in confidence. (See 4AC, ¶ 51.) Markovic began the presentation by presenting the confidential Konda Tech Business Presentation to defendant Leslie Lackman (“Lackman”), deputy director for ITA. (Id.) Despite the business pres...

Excerpt: ...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 to plaintiff Sahai, which was accept...

Excerpt: ...o 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‐defendant Jen Hao Richard Chen (“Chen”) as owner of La Encina. (See FAXC, ¶ 12.) Prior to entering the contract, Foust questioned Chen about La Encina's ability to pay for Group One's services under the contract, and Chen assured Foust that: La Encina had sufficient capital to cove...

Excerpt: ...Snow, Alan Summers, John Trowbridge, Jane Green and Old Republic Title. Defendant K.C. Knapp (“Knapp”) was served with summons and FAC on or about November 2020, and following denial of Knapp's motion to quash service on May 11, 2021, Knapp filed the instant motion to compel arbitration and for stay of action. On August 11, 2021, plaintiffs filed opposition and on August 17, 2021, Knapp filed reply. On August 2, 2021, defendants Alan Summers ...

Excerpt: ...ctual listing agreement with plaintiffs Silicon Valley Real Estate Group, Inc. (“Keller Williams”) and Keke “Coco” Tan (“Tan”) (collectively, “Plaintiffs”) whereby Plaintiffs agreed to list and market the property for sale and the Hans agreed to give Plaintiffs the exclusive and irrevocable right starting on February 1, 2018 until August 31, 2018 to sell the property in the capacity of the Hans' real estate agent and broker and to...

Excerpt: ... in September 2019 as a Sr. Software Engineer, Machine Learning. (FAC at ¶ 11.) After several months, Plaintiff began experiencing medical issues that caused Plaintiff to become temporarily disabled. (Id. at ¶ 13.) Specifically, Plaintiff began to suffer from mental instability resulting from Schizoaffective Disorder, Bipolar Type. (Ibid.) As a result, Plaintiff took a medical leave of absence from work from March 10, 2020 through April 6, 2020...

Excerpt: ...igation and fraud case for Mohebbi. Thereafter, Mohebbi filed an action against ALG for legal malpractice, fraud, overbilling and other claims arising out of the prosecution of the underlying business litigation and fraud case that gave rise to ALG's claim. The cases have now been consolidated under the older case number, which was the initial action filed by plaintiff ALG. Factual and Procedural Background On May 3, 2013, defendant Mohebbi signe...

Excerpt: ... represented) against defendant Silicon Valley Academy Project [sued herein as Silicon Valley Academy and Silicon Valley Academy Project (SVA Project)] (“SVAP”).1 According to the operative first amended complaint (“FAC”), 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 FAC at GN‐1.) The alleged student had a history of violent behavior and pl...

Excerpt: ...UCLA's Institute for Technology Advancement (“ITA”) and suggested that Plaintiff present to ITA. (See 4AC, ¶¶ 49‐51.) On October 7, 2009, Plaintiff provided Konda Tech's business presentation to Markovic and ITA in confidence. (See 4AC, ¶ 51.) On October 12, 2009, just prior to presenting to ITA, Markovic, for the first time, indicated that Plaintiff should not expect ITA to fund Konda Tech because ITA does not fund technologies built ou...

Excerpt: ... ruptured and he was throwing up black vomit. (See SAC, ¶ 37.) On July 2, 2019, Plaintiff was returned to GSH, and he required further operations, as well as placement on a colostomy bag and another bag to drain blood. (See SAC, ¶¶ 38, 45.) Plaintiff had a bowel impaction with bowel perforation and had another surgery but went into septic shock. (See SAC, ¶ 46.) On July 5, 2019, a deep tissue injury was found on Plaintiff, which was inaccurat...

Excerpt: ...connection with a lawsuit that defendant brought on behalf of plaintiff in Phunware, Inc. v. Uber Technologies, Inc., San Francisco County Superior Court case no. CGC‐17‐561546. (“Uber lawsuit”). On May 18, 2021, defendant filed the instant motion to compel arbitration and stay of this action. On August 4, 2021, plaintiff filed opposition and on August 10, 2021, defendant filed reply. Summary of contentions Defendant asserts that the pres...

Excerpt: ...igation and fraud case for Mohebbi. Thereafter, Mohebbi filed an action against ALG for legal malpractice, fraud, overbilling and other claims arising out of the prosecution of the underlying business litigation and fraud case that gave rise to ALG's claim. The cases have now been consolidated under the older case number, which was the initial action filed by plaintiff ALG. Factual and Procedural Background On May 3, 2013, defendant Mohebbi signe...

Excerpt: ...laintiffs in the action are Brandon, Blaine and Brooke Pierce. The instant lawsuit was preceded by a lawsuit for the same airplane crash filed on April 5, 2018 by Silvia Farelas et al. (“Farelas action”). The action named as defendants the Estates of the pilot, Nouri Hijazi, and spouse, Danuta Hijazi, the Hijazi Living Trust (“Hijazi Trust”), and other parties not related to the Hijazi defendants. Pierce was the trustee of the Hijazi Trus...

Excerpt: ... represented) against defendant Silicon Valley Academy Project [sued herein as Silicon Valley Academy and Silicon Valley Academy Project (SVA Project)] (“SVAP”).1 According to the operative first amended complaint (“FAC”), 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 FAC at GN‐1.) The alleged student had a history of violent behavior and pl...

Excerpt: ...s determined not complex pursuant to order filed February 22,, 2021. On May 4, 2021, defendants filed the instant petition to compel arbitration and dismiss or stay proceedings. On June 9, 2021, plaintiff filed opposition and on July 27, 2021, defendants filed reply. Summary of contentions Defendants assert that plaintiff must be compelled to arbitration and that this court proceeding be dismissed or stayed pursuant to an arbitration agreement en...

Excerpt: ...nded complaint (“FAC”), the District is the largest multipurpose water supply, watershed stewardship, and flood management special district in California. (FAC at ¶ 10.) The District owns and operates the Rinconada Water Treatment Plant (“RWTP”) which takes in raw water from various sources and processes it to produce potable water (i.e., drinking water). (Id. at ¶ 11.) Like every drinking water plant, the RWTP employs a Residuals Manag...

Excerpt: ...UCLA's Institute for Technology Advancement (“ITA”) and suggested that Plaintiff present to ITA. (See 4AC, ¶¶ 49‐51.) On October 7, 2009, Plaintiff provided Konda Tech's business presentation to Markovic and ITA in confidence. (See 4AC, ¶ 51.) On October 12, 2009, just prior to presenting to ITA, Markovic, for the first time, indicated that Plaintiff should not expect ITA to fund Konda Tech because ITA does not fund technologies built ou...

Excerpt: ...s”) and ABC Legal Services, Inc. (“ABC”) to serve legal process in the prior action upon Plaintiff, by delivering a copy of the summons and complaint to Plaintiff. (See complaint, ¶ 15.) On June 3, 2011, Solis and ABC composed a document titled Proof of Service of Summons in which they represented that they had served Plaintiff with a copy of the summons complaint and related documents and thereafter, Defendants filed the proof of service....

Excerpt: ...d of Supervisors. (First Amended Complaint [“FAC”] at ¶ 10.) Plaintiff's immediate supervisor was Megan Doyle (“Doyle”). (Id. at ¶ 11.) In early 2018, Plaintiff informed Doyle that she was considering retiring after many years of service. (FAC at ¶ 13.) Doyle urged Plaintiff to delay her retirement until after one of the Board of Supervisors left office. (Ibid.) Plaintiff, albeit reluctantly, agreed to delay her retirement. (Ibid.) The...

Excerpt: ...vent prejudicing her interest in the litigation. On July 7, 2021, defendants Stephen Lam and Eva Sung (“defendants”) filed opposition and on July 14, 2021, plaintiffs filed reply. Summary of contentions Plaintiffs assert that Ms. Sultan is age 74, and suffers from multiple debilitating illnesses that have deteriorated her physical health and brain function such that preference in trial setting is necessary. Plaintiffs assert that Ms. Sultan r...

Excerpt: ...is Stronghold's demurrer to the City's second amended crosscomplaint (“SAXC”). According to the allegations in the SAXC, the City awarded the contract for constructing the Project to SEI on November 17, 2015 following a competitive bidding process. (SAXC, ¶¶ 7– 8, 12.) As set forth in SEI's bid, it agreed to perform the work for a base price of $46,997,000. (SAXC, ¶ 8.) With its bid, as required by Public Contract Code § 4104 (a)(1), SE...

Excerpt: ...serts that plaintiff's original complaint named only Kennedy as defendant, and that Kennedy's earlier motion to compel arbitration and stay of action was denied by this court on procedural grounds. Plaintiff then filed a first amended complaint naming National as a new defendant. While National asserts that it is a completely separate and distinct entity from Kennedy, the FAC alleges National is liable to plaintiff on an agency and/or joint emplo...

Excerpt: ...intiff Calisi retained defendant Durham Associates CPAs, Inc. (“Dunham CPA”) to perform bookkeeping and tax services for both plaintiff individually, and Odeum. (Complaint at ¶ 10.) Defendants Dunham CPA and Rick D. Dunham (“Dunham”) (collectively, “Defendants”) agreed to perform bookkeeping and accounting services for the fiscal years 2016, 2017, 2018, 2019, and first quarter of 2020; and tax services for the fiscal years of 2016, 2...

Excerpt: ...ssment in connection with arranging a loan. (See 4AC, ¶ 17.) Summers is a real estate person who does business as or under the supervision of defendant John Trowbridge (“Trowbridge”) through the fictitiously named Capital Funding. (See 4AC, ¶ 7.) Kenoyer introduced himself as a licensed home loan mortgage broker with CHL. (Id.) Plaintiffs told Summers and Kenoyer that they wanted a loan to remodel their family home, and Kenoyer represented ...

Excerpt: ... judgment was entered on or about July 21, 2014. On July 21, 2016, defendant filed motion to vacate the judgment which was denied pursuant to order filed August 19, 2016. On March 23, 2017, defendant filed motion to vacate default and judgment, and to quash service of summons and complaint. The motion was denied pursuant to order filed August 23, 2017. In the instant motion, defendant seeks to set aside the default judgment on the grounds that th...

Excerpt: ...8, Plaintiff Martha, with complaints of upper right molar area pain and/or sensitivity, initially consulted defendant Liang for a dental cleaning and examination. (First Amended Complaint [“FAC”] at ¶ 10.) During the examination, defendant Liang advised Plaintiff Martha that she had nine cavities and recommended the teeth be treated with dental filling restorations. (Id. at ¶ 11.) Based on this advice, Plaintiff Martha consented to the prop...

Excerpt: ...il Procedure section 1255.410. The property is an overhead utility easement and a temporary construction easement (“subject property easements”) over real property in Santa Clara, California owned by PSB. Summary of contentions Santa Clara asserts that it is empowered under California statutory law to condemn the subject property easements by eminent domain, and obtain an order of the court for prejudgment possession, provided it meets four e...

Excerpt: ...p One Construction, Inc. (“plaintiff”) filed complaint in this action against La Encina and Evertrust Bank, Inc. alleging breach of contract and to foreclose on a mechanics lien. According to the allegations of the complaint, plaintiff and La Encina entered into a contract where plaintiff agreed to build five residential homes in San Jose, CA and La Encina agreed to pay plaintiff for the construction. It is alleged that La Encina terminated t...

Excerpt: ...s in cross‐complainant Garden City, Inc., dba Casino M8trix (“GCI”), and includes a provision for a right of first refusal in the event a shareholder in GCI desired to accept an offer to sell their shares to a third party. (See XC, ¶ 19.) On April 13, 2015, Swallow entered into a Stock Purchase Agreement with John Park (“Park Agreement”) in which Swallow agreed to sell his shares in GCI to Park for $50 million plus additional considera...

Excerpt: ...f a foreign object into her private parts. (Complaint at ¶¶ 14, 23, 37.) The specimen was evaluated by experts and identified as a device with semiconductor components in an expert report received on September 5, 2018. (Id. at ¶¶ 14, 39.) On December 12, 2018, Plaintiff discovered another suspect specimen that had penetrated her intimate parts against consent. (Complaint at ¶¶ 15, 40.) The foreign object was evaluated by experts and identif...

Excerpt: ... signed non‐solicitation and non‐ competition agreements, in February 2008, Taresh and Amar agreed to form the company but have all shares issued in their wives names, Swapnil Anand (“Swapnil”) and Taproop Virk (“Taproop”), respectively. (See 4AC, ¶ 11.) Taproop paid $35,000 and Amar began working for defendant Anjaneyap, Inc. (“AI”) for a 49% interest in AI. (See 4AC, ¶ 12.) In March 2009, Amar realized that they did not have a...

Excerpt: ...�10.) Dr. Graven advised Stephanie that her previous doctor did all the right tests in attempting to locate the IUD, and since these tests failed to locate it, she recommended a laparoscopy and did not recommend an x‐ray or CT scan. (See complaint, ¶ 11.) Dr. Graven did not inform Plaintiff that locating the IUD in this manner without an x‐ray or CT scan, and without confirming the presence and location of the IUD in her abdominal cavity, ha...

Excerpt: ...she was directed to a different vehicle on defendant Penske's lot. (Ibid.) Plaintiff was told the other vehicle was also a red 2016 Honda HR‐V, it was just easier to drive off the lot than the vehicle she had initially chosen. (Ibid.) Plaintiff alleges she was manipulated into a “bait & switch,” resulting in her taking possession of a vehicle with prior accident and frame damage, without her knowledge or consent. (Ibid.) On January 8, 2019,...

Excerpt: ...ee First Amended Complaint [“FAC”] at IT‐1.) At no time did Plaintiff give defendant Stone consent to the harmful conduct. (Ibid.) As a consequence of defendant Stone's actions, Plaintiff suffered serious and painful physical injuries for which he has obtained multiple surgical procedures. (Ibid.) On May 28, 2020, Plaintiff filed a judicial council form complaint against defendants Stone and Simply Green Plumbing, Inc. (“Simply Green Plum...

Excerpt: ... Technology”). (See 4AC, ¶¶ 3, 5.) YT has blocked visibility into FF's financial dealings, even from an independent auditor, which necessitated that Big Four auditing company to end its relationship with FF due to findings of financial misconduct, a lack of proper internal controls, a lack of transparency from FF decision‐makers, insufficient bank account procedures from Le Technology, commingling of funds, unclear records to document and a...

Excerpt: ...endant Durham Associates CPAs, Inc. (“Dunham CPA”) to perform bookkeeping and tax services for both Plaintiff individually, and Odeum. (Complaint at ¶ 10.) Defendants Dunham CPA and Rick D. Dunham (“Dunham”) (collectively, “Defendants”) agreed to perform bookkeeping and accounting services for the fiscal years 2016, 2017, 2018, 2019, and first quarter of 2020; and tax services for the fiscal years of 2016, 2017, 2018, and 2019. (Id. ...

Excerpt: ... the instant separate civil action. The actions are in connection with a residential real property (“premises”) that is owned and leased by Walia to Tyler pursuant to a written lease. On May 11, 2021, Walia filed opposition to the motion. On May 28, 2019, the parties entered into a written lease (“lease”) to the premises which was subsequently extended to January 31, 2021. Tyler asserts that Walia orally represented they would make improv...

Excerpt: ...' calls. (Id.) Nguyen has since left the state of California. (Id.) On April 12, 2017, Plaintiffs discovered that their tow truck was parked at a business known as Reliance Auto Body & Paint (“Reliance”), owned and managed by defendants Phuong Thuy Ho (“Ho”) and Giau V. Do (“Do”) (collectively, “Defendants”). (See FAC, ¶ IT‐1, subpara. b.) Plaintiffs produced title to their tow truck to Defendants and demanded Defendants to rel...

Excerpt: ...tionate demands, on May 22, 2016, Defendant filed false kidnapping charges against Plaintiff; however, after an investigation, the charges were declared as being falsely filed. (See complaint, ¶ 13.) On June 4, 2016, Defendant refused to comply with a family law court order to hand over Skylar for a visit with Plaintiff, and on June 5, 2016, the San Bernardino Police Department enforced a visitation order. (See complaint, ¶¶ 14‐15.) After a ...

Excerpt: ...e, request for admissions (“RFA”), request for production of documents (“RPD”) and form interrogatories, and served Melvin with special interrogatories, set one, form interrogatories and request for admissions (“RFA”). Clarke and Melvin served responses to the discovery which plaintiff considered deficient. After meet and confer and participation in an informal discovery conference, defendants served amended responses. On June 8, 2021...

Excerpt: ...g (“Ting”) filed complaint against MHCA and Wong; on November 9, 2018 Wong filed cross‐complaint against MHCA; and on May 23, 2019, MHCA filed cross‐complaint against Wong. The complaint relates to water leakage from Wong's condominium unit into Ting's condominium unit and alleged damages from the water, and the cross‐complaints seek indemnity and related relief. MHCA is the condominium association for the development that includes the ...

Excerpt: ...e outstanding taxes due on the property totaling $36,821.27 as Plaintiff's attorney advised nonpayment of the taxes while an appeal of Santa Clara County's special assessment valuation was in process. (See FAC, ¶ 17.) On January 9, 2019, defendant Easy Financial LLC (“Easy”) gave Plaintiff an initial approval for up to $2,535,000 in financing the property, stipulating that the amount shall be no more than 65% of the existing value of the pro...

Excerpt: ...ue is a written timeline and related notes (collectively “the document”) that were reviewed by plaintiff Geoffrey Weigand (“plaintiff”) before and during the sessions on January 21 and February 4. The document was prepared by plaintiff at plaintiff's attorney's request and was a timeline of events over several years and included information about plaintiff's claims in the lawsuit. Defendant points to specific deposition questions and answ...

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: ...h assessment in connection with arranging a loan. (See 4AC, ¶ 19.) In February 2016, Plaintiffs entered into a loan agreement with CHL for the amount of $1,150,000, secured by a deed of trust on the subject property to be processed, serviced and managed by Kenoyer, and defendant K.C. Knapp (“Knapp”) of CHL. (See 4AC, ¶¶ 30‐38.) Unbeknownst to Plaintiffs, Knapp had his real estate broker's license revoked on January 9, 2016, prior to the ...

Excerpt: ...019, plaintiff filed notice of appeal, challenging the order granting the anti‐SLAPP 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 plaintiff filed a ...

Excerpt: ...h Shawn Sahbari (“Sahbari”), a recognized leader in the area of semiconductor and electronic surface preparation and cleaning, to develop a better cleaning process for the iPhone's aluminum body. (See FAC, ¶¶ 13‐15.) On November 30, 2012, Gentile emailed Sahbari to execute Apple's non‐disclosure agreement (“NDA”), and requested that Sahbari create a chemical solution to clean certain aluminum samples for a December 5, 2012 meeting. ...