Excerpt: ... represented defendants Lin and Wang. (See complaint, ¶ 4.) Lin and Wang through Perretta asserted that the case was barred by the statute of limitations. (See complaint, ¶ 5.) Plaintiff argued that the case was not barred by the statute of limitations because Lin and Wang lived in California for less than 2 years between January 30, 2003 and October 28, 2015, thereby tolling the statute of limitations. (See complaint, ¶ 6.) Lin and Wang prepa...

Excerpt: ...: The term of this Lease shall begin, and the Lease Commencement Date shall be deemed to have occurred, on the earlier of (i) the date Tenant commences conduct of business operations from the Leased Premises or (ii) the date that is sixty (60) days after the lifting of the Order of the Health Officer of the County of Santa Clara, dated March 16, 2020, and Executive Order N‐33‐20 issued by the Executive Department, State of California, dated M...

Excerpt: .../clearing property of any/all liens.” (See 4AC, ¶ 10.) On October 23, 2009, Pham executed a grant deed, transferring his title to the subject property to Plaintiffs. (See 4AC, ¶ 13.) Subsequently, Plaintiffs discovered a lien existed, clouding title to the subject property, and notified Pham who re‐affirmed that such lien was non‐existent due to fraud and that he would clear that lien. (See 4AC, ¶ 14.) Unfortunately, Pham was unable to c...

Excerpt: ...EHA—failure to engage in interactive process (against Roku); 3) Violation of FEHA—failure to accommodate (against Roku); 4) Violation of FEHA—retaliation (against Roku); 5) Wrongful termination (against Roku); 6) Intentional infliction of emotional distress (against all defendants); and 7) Negligent infliction of emotional distress (against all defendants). Plaintiff moves for an order permitting plaintiff to proceed with its action using t...

Excerpt: ...ary 15, 2016 (“trust”). As the title of the petition suggests, defendant sought court order confirming the validity of the trust in response to intimations of her spouse, plaintiff David Rossi (“plaintiff”), that plaintiff considered the trust invalid and claimed ownership of properties held by the trust. The petition came for hearing on March 11, 2020, and the court entered order granting the petition and finding that all allegations in ...

Excerpt: ...osscomplainants”). On February 19, 2019, cross‐complainants filed a cross‐complaint against plaintiff alleging two causes of action, breach of contract and declaratory relief (“crosscomplaint”). On April 23, 2019, plaintiff filed a special motion to strike the cross‐complaint (“anti‐SLAPP motion”). On August 1, 2019, the anti‐SLAPP motion was granted as to the breach of contract cause of action and denied in part and granted i...

Excerpt: ...against defendant and cross‐complainant Lisa Large (“cross‐complainant”) and settling defendants. The complaint alleges that defendant and settling defendants failed to disclose a prior lawsuit of defendant pertaining to the real property purchased by plaintiffs from defendant (“complaint”). It is alleged that the failure to disclose this known, material fact and its consequences to plaintiffs, resulted in damages to plaintiffs. Settl...

Excerpt: ...rning the property. (See TAC, ¶ 17.) In October 2013, First American Title Company issued a purported title commitment letter, but it was subject to the condition that Seller clear title, and upon subsequent approval of the title company's underwriting department. (See TAC, ¶ 18.) Krucker is still not able to provide a grant deed conveying insurable clear fee title of the property to Plaintiff. (See TAC, ¶ 18.) Title questions arose as to whet...

Excerpt: ...ed that, in the event a defect developed with the subject vehicle during the warranty period, Plaintiffs could deliver the subject vehicle for repair services and the subject vehicle would be repaired. (See complaint, ¶¶ 9‐10.) During the warranty period, the subject vehicle had: latent defects causing oil flow to become restricted through vital areas of the engine; defects related to the engine; defects causing the driver's door to be misali...

Excerpt: ...with Defendant; she offered to buy the property and planned to move into it with her children in case something happened with her personal relationship with Defendant. (See FAC, ¶ 26.) Defendant told Plaintiff that she should instead use the property as an investment property and told her to renovate it. (See FAC, ¶ 27.) Defendant told Plaintiff that if she renovated the property, rented it out, and added Defendant's name to the deed for the pr...

Excerpt: ...,000, through the payment of a $1,000 initial deposit, $69,000 at closing, and $75,000 through a promissory note with a payment schedule. (See SAC, ¶¶ 11‐13, exh. A.) Vuong and Nguyen's wife, Binh Duy Pham (“Pham”) signed the promissory note to pay the remaining $75,000, secured by the deed of trust to real property at 3081 Balgray Ct. in San Jose. (See SAC, ¶ 14, exh. B.) The promissory note provided that Vuong and Pham were required to...

Excerpt: ...eal estate and prepared a Real Estate Transfer Disclosure Statement (“TDS”) on September 16, 2016 and a CAR Seller Property Questionnaire (“SPQ”) on September 15, 2016, denying any knowledge of any past or present known material facts or significant items affecting the value or desirability of the property not otherwise disclosed to Plaintiffs. (See complaint, ¶¶ 2, 9‐10, exh. B.) On November 14, 2016, escrow closed and the sale of th...

Excerpt: ...October 25, 2012. The period of time from that date to the date of filing defendant's motion is in excess of nine years. Judicial notice Plaintiff requests judicial notice of the following: minute orders of the court in this proceeding, marked for identification as Exhibits JN 1‐4; orders issued by the United States Bankruptcy Court for the Northern District of California, case nos. 18‐417749 RLE 13 and 18‐423322 RLE 13, marked for identifi...

Excerpt: ...ruptured and he was throwing up black vomit. (See FAC, ¶ 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 FAC, ¶¶ 38, 45.) Plaintiff had a bowel impaction with bowel perforation and had another surgery but went into septic shock. (See FAC, ¶ 46.) On July 5, 2019, a deep tissue injury was found on Plaintiff, which was inaccurate...

Excerpt: ...ation of covenants, conditions and restrictions binding on the project; the Third Restated Declaration of Covenants, Conditions and Restrictions of COTA, recorded on October 21, 2009 in the Santa Clara County Recorder's Office (“CC&Rs”), are attached to the complaint. (See complaint, ¶ 3, exh. A.) In 2003, water entered the interior of the townhouse from the siding located on the southwest side, threatening to damage newly installed improvem...

Excerpt: ...,000, through the payment of a $1,000 initial deposit, $69,000 at closing, and $75,000 through a promissory note with a payment schedule. (See SAC, ¶¶ 11‐13, exh. A.) Vuong and Nguyen's wife, Binh Duy Pham (“Pham”) signed the promissory note to pay the remaining $75,000, secured by the deed of trust to real property at 3081 Balgray Ct. in San Jose. (See SAC, ¶ 14, exh. B.) The promissory note provided that Vuong and Pham were required to...

Excerpt: ...usiness, and mailing copies to defendant at her residence and business addresses. Proof of service is pursuant to declaration of the process server, Stefan Fahrner, including declaration of diligence stating actions taken first to attempt personal service, and declaration of proof of mailing of process server, Michael Mezzetti. Defendant did not file and serve an answer or other responsive pleading to the complaint. On January 30, 2020, the clerk...

Excerpt: ...”) signed a promissory note in which they agreed to pay principal and interest of 10 percent per annum in monthly installments of $5000 on the 21st day of each month beginning on May 21, 2016. (See complaint, third cause of action, ¶¶ BC‐1‐2. Exh. C.) Defendants failed to pay McManis Faulkner's billing statements for legal services and costs and expenses advanced pursuant to the agreement and failed to pay the principal and interest on th...

Excerpt: ...e suggestion of Bui, Pham authorized a friend, Francis Khoa Do (“Do”) to act as his attorney‐ in‐fact to sign the loan papers. (See FAXC, ¶ 16.) In late December 2005, Bui informed Pham that the loan went through and closing was expected to complete in early January 2006. (See FAXC, ¶ 17.) After the purchase of the subject property, Pham made every month's mortgage payment and would pay the amount due on each bill, although he did not u...

Excerpt: ...rchloroethylene (“PCE”) in excess of the legal environmental screening level, as well as its degradation products, including trichloroethylene (“TCE”). (See FAC, ¶¶ 4, 39.) PCE is a solvent used in the dry cleaning industry and in other industries for applications including metal cleaning and finishing and the formulation of elastomeric materials and is a hazardous substance as defined by Health and Safety Code section 25316 and the Com...

Excerpt: ...ciation (“Plaintiff” or “Association”) for purposes of having it provide management, maintenance, repair, preservation and architectural control of the project. (See complaint, ¶ 11.) Defendant drafted the governing documents for the Association, including the declaration of covenants, conditions and restrictions for Meridian at Willow Glen (“CC&Rs”), which was recorded on December 14, 2012 as document number 22003121 with the offici...

Excerpt: ...was lifted. On November 12, 2020, Plaintiff filed the FAC, asserting a single cause of action for violation of Labor Code section 2698, et seq., the Labor Code Private Attorneys General Act of 2004 (“PAGA”). As Plaintiff acknowledges, under the PAGA, “an ‘aggrieved employee' may bring a civil action personally and on behalf of other current or former employees to recover civil penalties for Labor Code violations. (Arias v. Super. Ct. (Dai...

Excerpt: ...ies, set one, requests for admissions, form interrogatories‐ general, form interrogatories – employment law, and requests for production of documents (collectively “discovery”). Elias' responses to discovery were due June 8, 2020. On June 23, 2020, plaintiff emailed Elias about the status of responses since none had been received. On June 30, 2020, Elias responded that he was unaware that responses were due. Elias states that staff failed...

Excerpt: ...ly, “Defendants”) acquired the lessee's interest in the lease and premises. (See complaint, ¶ 5.) Plaintiff has fully performed all obligations and conditions under the lease, Defendant breached the lease by failing to pay rent, resulting in damage to Plaintiff as of July 1, 2020 in the amount of $41,853.76 with interest. (See complaint, ¶¶ 6‐8.) A provision of the lease provides for the allocation of reasonable attorney's fees and costs...

Excerpt: ...ovember 2017, plaintiff filed the present action for employment discrimination and retaliation, asserting that Hologic retaliated against her for complaining about the possible violations and terminated her employment. Plaintiff served request for production of documents, set three (“RPD”). Defendant served responses, including objections. Ultimately, plaintiff filed the present motion to compel further responses. The parties participated in ...

Excerpt: ...ely flat and vacant dirt lot, owned by defendant EAH, Inc. dba EAH Housing (“EAH”). (See SAC, ¶¶ 2, 6, 13.) Defendant Shreya Shah (“Shah”) was the project manager employed by EAH for the construction of the Bella Salici apartment complex on the property. (See SAC, ¶ 6.) EAH and defendant City of Morgan Hill (“City”) shared joint control in the planning, building and construction of the project and hired defendants L & D Constructio...

Excerpt: ...CLA's Institute for Technology Advancement (“ITA”) and suggested that Plaintiff present to ITA. (Id.) On October 7, 2009, Plaintiff provided Konda Tech's business presentation to Markovic and ITA in confidence. (Id.) 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 outside UCLA. (Id.) ITA rejected f...

Excerpt: ...rove the relationship between [her and her children] by exploring parenting skills, mood and anger management, explore obstacles to facilitating the children's relationship with the Father” and to deal with the separation issues as the Court ordered sole custody of the children to their father, Dago Soleto (“Soleto”). (See initial complaint, ¶ 5, exh. 1, ¶¶ 1‐2, 24.) On October 10, 2017, Plaintiff entered into a “Working Agreement”...

Excerpt: ...lessee and Westgate as lessor. Goodwill of Silicon Valley (“Goodwill”) filed the present action against Westgate for damages for intentional interference with contractual relations and negligent interference with economic advantage. Goodwill asserts that Westgate unlawfully interfered with a sublease of the Premises between Longs and Goodwill. Longs filed an earlier action against Westgate for damages for breach of contract and declaratory an...

Excerpt: ...CLA's Institute for Technology Advancement (“ITA”) and suggested that Plaintiff present to ITA. (Id.) On October 7, 2009, Plaintiff provided Konda Tech's business presentation to Markovic and ITA in confidence. (Id.) 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 outside UCLA. (Id.) ITA rejected f...

Excerpt: ...Trung and Nam promised that they would use their proficiency in real estate transactions and accumulated wealth to find profitable investment properties for Plaintiff, they would act as Plaintiff's agent in the sale and purchase transactions, and they would form defendant Evergreen Equity Partners, LLC (“Evergreen”) for Plaintiff's benefit. (See 4AC, ¶¶ 37, 50‐58.) Trung encouraged Plaintiff to take a mortgage out on his residence and ren...

Excerpt: ...3.) Section 7 of the lease agreement states that Plaintiff is not responsible for payment of any utilities; however, despite this provision, Defendant has charged Plaintiff for bimonthly water bills and Plaintiff has paid all water bills charged to him by Defendant from July 26, 2010 through August 2020. (See complaint, ¶¶ 9‐10.) On July 15, 2020, Plaintiff arranged a representative from San Jose Water Company to inspect the water meter and e...

Excerpt: ... cross‐defendants Monica Yeung Arima (“Arima”) and Yarkin Realty (“Yarkin”) knew that Large had just resolved a four‐year long lawsuit against the person who sold her the property, the real estate agents and her attorney that the leasehold would trigger reassessment of property taxes and that assessment would be based upon the fee simple value of the subject property, not the value of the leasehold transaction, substantially affecting...

Excerpt: ...connection with arranging a loan. (See TAC, ¶ 21.) Defendant Alan Summers (“Summers”) is a real estate salesperson supervised by defendant John Trowbridge (“Trowbridge”) at Capital Funding who also contacted Plaintiffs and visited the property to perform a walk through assessment in connection with arranging a loan. (See TAC, ¶¶ 7, 21.) In February 2016, Plaintiffs entered into a loan agreement with CHL for the amount of $1,150,000, se...

Excerpt: ...nies, eventually totaling nearly $200,000 without interest. (See FAC, ¶¶ 11‐13.) When Defendant told Plaintiff that he was delaying payment on the loan because he wanted to establish an energy therapy practice in California to make money, Plaintiff expressed her dissatisfaction and concern with Defendant's failure to repay the loan. (See FAC, ¶ 14.) Thus, in consideration for the forbearance from immediate action on the loan, Defendant promi...

Excerpt: ...eptember 25, 2020, TM served plaintiff with notice of motion for sanctions under CCP 128.7. On November 30, 2020, 66 days after service, plaintiff filed a third amended complaint (“TAC”), in effect to withdraw or correct the SAC, the pleading challenged by TM's motion. This is beyond the 21 day period after service of the motion to foreclose the filing of the motion. Defendant has satisfied the notice and procedural requirements to proceed wi...

Excerpt: ...8 (a) of the contract, the closing date for the transaction was required to occur when a certificate of occupancy was issued, as San Jose Municipal Code § 24.02.610(A) prohibited usage or occupancy of the subject property prior to the issuance of a certificate of occupancy. (See SAC, ¶¶ 15‐16.) The certificate for occupancy was issued on January 31, 2018 and San Jose has repeatedly rejected TM's attempts to obtain a certificate of occupancy ...

Excerpt: ...��) as an interested party of liability insurance. (See complaint, ¶¶ 10‐11.) On December 24, 2018, Plaintiff discovered a puddle of water in her bedroom; she called Avana's emergency phone number as designated in the lease agreement but the number did not allow her to leave a message. (See complaint, ¶ 12.) On December 25, 2018, Plaintiff again called the emergency line and spoke to a man who answered the phone. (See complaint, ¶ 13.) A su...

Excerpt: ...d further alleges that harassment and retaliation by Iyer occurred after Plaintiff confronted Iyer about the statement. Doe contacted Cisco's human resources and employee relations to file a discrimination complaint against Iyer. After Cisco investigated Doe's complaint, Iyer's retaliatory efforts continued. Doe sought review of Cisco's investigation's findings, and a reopening of the investigation occurred. Cisco, however, refused to recognize d...

Excerpt: ...rough assessment in connection with arranging a loan. (See TAC, ¶ 21.) 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 TAC, ¶¶ 30‐33, 36‐37.) Unbeknownst to Plaintiffs, Knapp had his real estate broker's license revoked on January 9, 2016, ...

Excerpt: ... defendant Pacific Plumbing & Sewer Service, Inc.'s (“Defendant”) work on the San Jose Convention Center, the County of Santa Clara Winter Shelter, the County of Santa Clara's County Building Bathroom removal, the County of Santa Clara's County Correctional Complex (Elmwood Jail) and the Sunnyvale Community Center, and found that: Defendant's employees are working on a project but are not paid prevailing wages as those workers do not appear i...

Excerpt: ...ively, “Foresite”) approached Genapsys during its 2017 equity raise and explored investing, sending its senior technology experts to review all of Genapsys' technology. (See XC, ¶ 3.) The parties entered into a Non‐Disclosure Agreement, and over the next several months, Foresite and its CEO and Managing Director, cross‐ defendant Jim Tananbaum (“Tananbaum”) (collectively, “cross‐defendants”) were provided a detailed technical r...

Excerpt: ...s right to collect benefits. (See FAC, ¶ 9.) When Plaintiff refused to the reduction, Defendant terminated Plaintiff. (See FAC, ¶ 10.) Defendant satisfied its obligations to pay Plaintiff the benefits pursuant to the Change of Control Agreement. (See FAC, ¶ 12.) However, Plaintiff was also entitled to a bonus that he earned for his performance in 2019 and the value of stock options which were awarded to him on March 16, 2018. (See FAC, ¶¶ 13...

Excerpt: ... other similarly situated employees were not paid for overtime or double time rates in accordance with California law. (See complaint, ¶ 18, 6‐ 8 .) Defendants also required Plaintiff and other similarly situated employees to work through meal and rest periods or otherwise failed to provide timely meal and rest periods, and subtracted unpaid meal periods from Plaintiff's and other similarly situated employees' pay despite knowing that Plaintif...