Excerpt: ...9, he entered into a warra nty contract with Defendant and purchased a defective 2019 Chevrolet Silverado 1500 (“Subject Vehicle”) that was manufactured by Defendant. (Complaint, ¶¶ 12, 14, 28 - 30.) In connection with this purchase, Plaintiff received an express written warranty prov iding that Defendants would repair the Vehicle in the event it developed a defect during the warranty period. (Id., ¶¶ 14, 16, 18 -19; Ex. 1.) Plaintiff als...

Excerpt: ...t, ¶¶ 17-18, exh. A.) Paragraph 10 of the agreement states: 10. Arbitration. Any controversy or claim (except those regarding Inventions, Proprietary Information or intellectual property) arising out of or relating to this Agreement, or the breach thereof shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment on the award rendered by the arbitrator may be entered...

Excerpt: ...mon areas on the subdi vision map of Tract No. 10108, file no. 21798266 in San Jose (“Project”). (See TAC, ¶¶ 2, 14.) However, as a result of Defendant's omissions and actions, there were numerous latent defects at the Project, including: missing head flashings at windows and doors, improperly installed stucco and stucco accessories, improperly installed self- adhered membrane and building paper, improperly installed lath, improperly inst...

Excerpt: ... attached to Dec. of Fineman. Defendant is correct that Plaintiff was not a party to the contract, and therefore lacks standing to bring suit. California law provides that “[e]very action must be prosecuted in the name of the real party in interest[.]” Code Civ. Proc. § 36 7. A real party in interest is generally defined as “the person possessing the right sued upon by reason of the substantive law.” Redevelopment Agency of San Diego v....

Excerpt: ... agent to serve. Plai ntiff has been unable to serve EMC. Defendant is a citizen of Canada and was a board director and significant shareholder of EMC. After another investigation, Plaintiff found a residential address for Defendant. In October 2023, Plaintiff engaged a Canadi an process server to conduct personal service on Defendant, but this was unsuccessful. In November or December 2023, Plaintiff retained a new process server who was able t...

Excerpt: ... now seek an o rder compelling GM to produce documents relating to (1) the SUBJECT Vehicle (RFP Nos. 1, 2, 3, 9, 14); (2) communications between Plaintiff and Defendant or those associated with Defendant (RFP Nos. 15 and 16); (3) documents relating to the call center, lo yalty program, after warrant assistance program, or technical hotline (RFP Nos. 31 -33); and (4) documents evidencing complaints made by California owners of the same make, model...

Excerpt: ...t, but from the breach of the separate Noncompetition and Nonsolicitation Agreement (“Noncompetition Agreement”) between the parties. Plaintiff argues that because the Noncompetition Agreement does not contain an arbitration clause, it cannot be compelled to arbitration. Defendant responds that the Employment Agreement and Noncompetition Agreement should be read as one, citing both Civ. Code § 1642 and Fillpoint, LLC v. Maas (2012) 208 Cal.A...

Excerpt: ...(“San Jose City”) (collectiv e l y, “City Defendants,”), and the County of Santa Clara (“Santa Clara County”) (collectively, “Defendants.”) Plaintiffs Valdez and Garrett were employed by Kiewit6 Infrastructure West Corporation (“Kiewit Corporation”) as Journeyman Pipe Fitters, working a t San Jose-Santa Clara Regional Wastewater Facility (“Wastewater Facility.”) (FAC, ¶ 19.) The Wastewater Facility is jointly owned and op...

Excerpt: ...mplaint (“FAC”), ¶ 4.) Loren z is the Chief Executive Officer of County Hospital/SCVMC. (Id. at ¶¶ 2, 3(a).) During Plaintiff's employment, he observed County Hospital's failure to maintain a sanitary environment and improper handling of materials, including surgical instruments. (FA C, ¶ 11.) On and after September 2022, Plaintiff informed several people that certain instruments were incorrectly sterilized and had been incorrectly steril...

Excerpt: ...merger of Plaintiff with Tal amantez' Castling Kids Chess, and then the hiring of Talamantez as Plaintiff's Director of Enrichment. (See TAC, ¶¶ 28, 3738.) On May 14, 2018, Talamantez executed a nondisclosure agreement with Plaintiff, in which he agreed not to disclose Plaintiff's c onfidential information or solicit its customers and to return all property in his possession at the time of termination with Plaintiff. (See TAC, ¶ 49, exh. D.) ...

Excerpt: ...2. (See complaint, ¶ 7.) Construction of the project was to be substantially completed by July 7, 2022. (See complaint, ¶ 8.) Plaintiffs contend that Premiere improperly over -excavated and demolished the base rock of an approved location of a 10,000 -gallon water tank with its foundation without notifying Plaintiffs, and the project ultimately was severely delayed and incomplete. (See complaint, ¶ 9.) Premiere stopped work and left the projec...

Excerpt: ...nts.”) I. Background A. Fac tual On July 14, 2021, Plaintiff was lawfully driving his car eastbound on El Camino Real in Mountain View, California (“Subject Location”) when Defendant Ossie B. Holt (“Holt” or “Defendant”), while operating a vehicle, caused an automobile collision. (F AC, ¶¶ 10, 15.) Prior to the collision, Defendant Holt, while driving at high speed behind Plaintiff, failed to stop and “violently” rear -ended P...

Excerpt: ...ant is served by e mail and the Plaintiff asserts that Defendant has agreed to such service. The proof of service form specifically required Plaintiff to provide the authorizing code section for its method of service and unsurprisingly, Plaintiff offered none. Moreover, the Court Clerk indicated that service was not proper when it rejected the request for entry of default on March 2, 2022, noting that service was not proper. Plaintiff claims it ...

Excerpt: ...mstances, a defend ant must bring a motion to vacate and set aside default within six months of the date the default was entered. Code of Civil Proc. § 473(b) provides, in pertinent part, that: (b) The court may, upon any terms as may be just, relieve a party or his or her l egal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect....

Excerpt: ...intiff now seeks an order compelling GM to produce responses to Requests for Production Nos. 8, 16 -19, 21 -22, 27, 34, 37, 40- 43, and 56. These requests seek (i) all documents relating to GM's internal analysis, investigations, communications, reports and design -related documents of the alleged “BATTERY DEFECT” in both the Subject Vehicle and other customers' vehicles (Request Nos. 16- 17, 19, 21 -22, and 40- 43); (ii) all documents relati...

Excerpt: .... Plaintiff now seeks an order compelling GM to produce documents relating to (1) the subject Vehicle (RFP Nos. 1, 2, 3, 7); (2) internal Knowledge and investigation Discovery (RFP Nos. 17, 22- 24, 35- 40); (3) documents concerning summaries and memos regarding transmission defects (RFP Nos. 41 -43, 47, 49, 50); (4) documents concerning buyback policies and procedures (RFP Nos. 55. 56. 65); (5) Communications with Governmental Agencies (and suppl...

Excerpt: ...n, ¶ BC -1, exh. A.) Baro n did not pay amounts owed pursuant to the contract and Plaintiff thus suffered contractual damages and additionally seeks interest. (See FAC, first cause of action, ¶¶ BC -2 -BC -5, second cause of action, ¶¶ CC -1 -CC -3, third cause of action, ¶¶ BC -1 -BC -5, fourth cause of action, ¶¶ CC -1 -CC -4.) On December 5, 2022, Plaintiff filed the FAC against Defendant, asserting causes of action for: 1) Breach o...

Excerpt: ...allegations of the Complaint, on July 28, 20201, Plaintiff tripped and fell on broken, raised and/or uneven pavement on the sidewalk located in front of 1904 Serge Ave., San Jose, California (“Subject Premises,”) sustaining serious injuries. (Complaint, ¶¶ 9, 13 -14, 19.) Plaintiff asserts that her injuries were the result of Defendant City's acts and omissions (Complaint, ¶ 10) and cross -complainant Kindig's2 negligent failure to maintai...

Excerpt: ...e context of Pla intiff's motion for RFP set one, and that the Court (J. Manoukian) issued an order on December 19, 2023 compelling Xilinx only to turn over the identity of the employees, but not their actual text messages. As such, the Court should not now compel the turn ing over of those same text messages. In reply, Plaintiff argues that because the Court was “deeply troubled” by Defendant's argument that text messages of its employees se...

Excerpt: ...heard. [Citation.] In [determining] the county (or counties) where venue is proper, the courts generally look to the main relief sought, as determined from the complaint as it stands at the time of the motion for change of venue. [Citation.]” (K.R.L. Partnership v. Superior Cou rt (2004) 120 Cal.App.4th 490, 496- 497.) “‘It is a long established rule that a motion for change of venue must satisfy two requirements: (1) It must be shown the a...

Excerpt: ...partan sought damages i n the amount of $31,945.19 plus finance charges and interest and attorney's fees of $2,058.00. (See 4AC, first cause of action, ¶¶ BC -2 -6.) Defendant Annie Kim Le, aka Annie Le, aka Annie K. Le, Anniel A. Le, aka Anh Le, aka Kim Le, aka, Kim A. Le, aka A nnie Le Anna, aka K. Le Anna, aka K. Leannie, aka K. L. Leannie dba American Gas & Oil Corporation and dba Philip, LLC (“Le”) personally guaranteed and promised ...

Excerpt: ...egligent repai r, and fraud by concealment. Plaintiffs now seek an order compelling Ford to produce documents relating to (1) the subject Vehicle (RFP Nos. 1, 3, 12, 15); (2) internal Knowledge and investigation Discovery (RFP Nos. 17, 19, 31, 36, and 39); (3) documents concerning summaries and memos regarding transmission defects (RFP Nos. 43, 45, and 46); (4) documents concerning buyback policies and procedures (RFP Nos. 56, 57, 58, 68, 69, and...

Excerpt: ...n May 3, 2023, plaintiff s Lingsen and Hang Chun Leung (collectively, “Plaintiffs”) filed the FAC against defendants Welcome Market and Welcome Market's owner, Tawa Supermarket, Inc. (“Tawa”) (collectively, “Defendants”) asserting causes of action for: 1) Premises liability; 2) Negligence; and, 3) Loss of consortium. Defendants move for summary judgment, or, in the alterative, for summary adjudication of each cause of action, on the ...

Excerpt: ...d SAC, Plaintiff had a duty to “competently” advise City Entities and to defend them in “numerous lawsuits” involving the City Entities' ownership of the “San Francisco 49ers football team.” (Id. at ¶ 3.) From approximately February 2017 to December 2017, Plaintiff became the “Interim City Attorney” for the Defendant, in a “part time capacity.” (Id. at ¶ 4.) From December 19, 2017, until his termination on September 2, 2021,...

Excerpt: ...d witnesses in December 2023, that revealed extensive new information concerning the management and problems at SSH necessitating the need to file an amended complaint. Because of the new information, Plaintiff now believes a claim for punitive damages is warranted. Plaintiff had initially pled punitive damages but voluntarily dismissed the claim without prejudice on April 10, 2023, approximately three months after filing the initial complaint....