Excerpt: ...t failed to appear at the hearing. On February 1, 2022, the Labor Commissioner denied defendant's application for relief of order. On March 1, 2022, defendant filed the instant motion for relief of judgment pursuant to Code of Civil Procedure sections 473 and 473.5. On April 8, 2022, plaintiff and Labor Commissioner filed opposition, and on April 28, 2022, defendant filed reply. Analysis and findings Plaintiff and the Labor Commissioner do not co...

Excerpt: ...int, ¶ 7.) On March 29, 2019, an employee of Plaintiff's subcontractor Valley Hill Construction struck a nail through a pressurized fire protection line causing damage to the owner's residence and personal property. (See complaint, ¶ 8.) The owner's automobile insurance company, California Automobile Insurance Company, filed an action against Plaintiff for damages allegedly arising out of the property damage incident. (See complaint, ¶ 9.) Upo...

Excerpt: ...e of the business (“Commission”) upon any disposition of the business or if Plaintiff, AGOC, or any cooperating broker procured a buyer offering to purchase the Business. (Id.) The Agreement further provided that AGOC was to immediately pay Plaintiff the Commission if AGOC attempted to cancel the Agreement, withdraw the business from sale, refused or was unable to comply with the terms of the Agreement, entered into a contract disposing the b...

Excerpt: ...hority and argument of counsel in the papers filed in support, opposition and reply, the court makes the following tentative ruling: Analysis The requirements for a grant of motion to seal a record are set forth in California Rules of Court, Rule 2.551 which authorizes a court to enter an order that a record be filed under seal only if facts support findings that establish all of the following requirements set forth in California Rules of Court, ...

Excerpt: ...rt – intentional infliction of emotional distress, and violations of the Unruh Civil Rights Act. Following ruling on defendant's motion for summary judgment, the current, remaining cause of action of the FAC is the first cause of action for general negligence. On October 28, 2022, order was entered pursuant to hearing on October 5, 2022 in connection with plaintiff's noticed deposition of defendant's person most qualified to testify (“PMQ”)...

Excerpt: ...ct contains a provision for arbitration of any and all claims and disputes. On December 29, 2021, plaintiff filed complaint against dealership and defendant for violations of the Song‐Beverley Consumer Warranty Act Civil Code sections 1790 et seq. (“Song‐Beverly Act”) alleging three causes of action for violations of separate subdivisions of Civil Code section 1793.2 ‐ for failure to repair the vehicle to conform to express warranty and...

Excerpt: ...rved offer to compromise pursuant to Code of Civil Procedure section 998 (“998 offer”). On December 14, 2021, plaintiff filed acceptance of the 998 offer. The settlement includes a provision that plaintiff recover reasonable attorneys' fees and costs against defendant in an amount agreed by the parties or as determined by the court by noticed motion. On February 3, 2022, plaintiff filed the instant motion for attorneys' fees. On April 13, 202...

Excerpt: ...l distress, negligent infliction of emotional distress, and conversion. The action pertains to the residential real property on Birch Street in San Jose, CA, and the parties' respective rights and obligations in connection with the subject property. On November 18, 2021, defendants filed the instant motion to compel attendance of plaintiff Rogelina Camacho Solorio (“plaintiff Rogelina Solorio”). Each defendant is represented independently by ...

Excerpt: ...nt in a movie “Slamma Jamma” which was not completed. On January 20, 2021, plaintiff filed motion to compel defendants to provide further response to special interrogatories, form interrogatories, request for production of documents and request for admissions (“plaintiff's motion to compel”). On January 29, 2021, defendants filed motion to compel plaintiff to provide further response to interrogatories and request for production of docume...

Excerpt: ...��Micro Bio”) whereby BV Canada purchased the worldwide rights to proprietary technology related to compost and biogas machinery relating to anaerobic digestion of organic waste material. (See complaint, ¶ 11.) In June 2013, Whole Foods agreed to demo a BV digester at Whole Foods' Campbell store, and after a successful demonstration and proof of concept, Whole Foods notified BV USA and BV Canada that it intended to purchase a digester unit for...

Excerpt: ...�complainants filed answer and cross‐complaint against crossdefendants alleging causes of action for breach of agreement, promissory fraud, conversion, unjust enrichment, specific performance, violation of penal code section 496, malicious prosecution, abuse of process, and declaratory relief. The subject matter that is the basis of the complaint and cross‐complaint is a joint venture and oral agreement between the parties concerning rights a...

Excerpt: ...se for Medical Solutions, was assisting a surgery in a cardiovascular operating room. (Complaint at ¶ 6.) After Plaintiff completed her job in surgery and left the operating room, defendant Maria Ponte (“Ponte”) entered the room to complete clean up after the procedure. (Ibid.) Plaintiff thereafter returned to the operating room and tripped on a plastic bag left on the ground by defendant Ponte. (Ibid.) As a result, Plaintiff's right foot ca...

Excerpt: ...ndants Gibbs, Rana Rekhi (“Rekhi”) and YCI, financials prepared by an alleged CPA, tax documentation, the online merchant processing account, the company's e‐commerce partner, the liquor license in place for the company, and purported confidential business information of RB, including reports of significant sales from out of state website visitors, revenue exceeding one thousand dollars per day, sales reports listing nine of the ten top sel...

Excerpt: ... assault. On September 30, 2021, plaintiff filed the instant motion against defendant UBER Technologies, Inc. (“defendant”) to compel further deposition of defendant's person most qualified no. 2 (“PMQ2”) and production of documents. On January 21, 2022, defendant filed opposition and on January 27, 2022, plaintiff filed reply. On February 3, 2022, the court directed the parties to Informal Discovery Conference (“IDC”) and continued h...

Excerpt: ...joyment, nuisance, negligence, violation of San Jose City Municipal Code sections (wrongful eviction and retaliation) and (substandard housing), violation of Civil Code section 1942.4,, retaliation, violation of Civil Code section 1950.5, wrongful death, elder financial abuse. According to the allegations in the FAC, the action arises out of plaintiffs leasing and residing in a residential real property owned by defendants, and substandard, uninh...

Excerpt: ...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, including banks and other financial institutions, intentionally conned, tricked, and maliciously deceived plaintiff Ronen into signing fraudulent documents and instruments in connection with the s...

Excerpt: ... of business in Los Altos, California. (FAC at ¶ 1.) 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 D...

Excerpt: ..., Yehs II Family Limited Partnership, Chinche Huang, and Chuan LLC (collectively “cross‐defendants”) filed the instant motion to compel further response to special interrogatories from cross‐complainant Richard Foust (“Foust”). On January 19, 2022, Foust filed opposition, and on January 25, 2022, La Encina and crossdefendants filed reply. On February 3, 2022, the parties were ordered to Informal Discovery Conference (“IDC”) with J...

Excerpt: ...ollectively, “F&S” or “Company”) are a consultancy that provides its employees with meaningful growth opportunities and career paths. (FAC at ¶ 18.) Defendants Wyman Bravard (“Bravard”) and David Frigstad (“Frigstad”) are Shareholders, Directors, and Officers of the Company. (Id. at ¶¶ 11‐12.) For approximately 40 years, and while acting as principal shareholders at F&S, Frigstad worked in the role of the visionary/strategist...

Excerpt: ...to the Lease, commencement of the Lease was conditioned on Defendants being able to regain possession of the Premises from another tenant. (See complaint, ¶ 9.) If Defendants did not deliver possession of the Premises to Plaintiff after 180 days from the date of execution, either party would have the right to terminate the Lease by written notice. (Id.) Upon execution of the Lease, Plaintiff paid Defendants $4,826.50 for base rent, $1,172.15 for...

Excerpt: ...that permitted the owners of the neighboring property at 19555 Redberry Drive in Los Gatos (“Gallun property”), defendants Arthur and Elaine Gallun, individually and as trustee of the Gallun 2002 Revocable Trust (collectively, “Defendants”), to drive across the corner of the Oswalt property, in exchange for the owners of the Oswalt property being allowed to trim trees on the Gallun property so that no trees blocked the city view from the ...

Excerpt: ...t to FEHA and the California Government Code, violation of California Labor Code section 1102.5, and unfair business practices. On October 27, 2020, plaintiff served defendant Smith's Detection with request for production of documents, set one, on defendant Smith's Detection. Following meet and confer, plaintiff consider the response to the request for production of documents deficient, and on November 29, 2021, filed the instant motion to compel...

Excerpt: .... On April 13, 2018, plaintiff received 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...

Excerpt: ...otion for leave to file first amended complaint (“FAC”). On March 22, 2022, defendants Comerica and Jenny Nguyen filed opposition (“defendants”), and on March 28, 2022, plaintiff filed reply. Discussion, summary of contentions and analysis In the furtherance of justice, a court may allow a party to amend any pleading at any time, even after commencement of trial. Code of Civil Procedure sections 473(a)(1) and 576. See Hong Sang Market, In...

Excerpt: ...Eric McAfee (“Eric”) is a member of MF. (See FAC, ¶ 6.) Defendant Aaron McAfee (“Aaron”) is a managing member of Lapsley. (See FAC, ¶ 9.) Defendants Mark McAfee (“Mark”) and Lutz Farms LLC (“LF”) are managing members of defendant Double L Ranches, LLC (“DLR”). (See FAC, ¶¶ 11‐12.) Defendant Joshua Lutz (“Joshua”) is a managing member of LF. (See FAC, ¶ 13.) On April 12, 2016, Plaintiff entered into a subscription ag...