Excerpt: ...FAC, ¶ 10.) Thirthala and Garlapati are the owners of the Property. (FAC, ¶ 6.) Mr. Medina is over the age of 80. (Id. at ¶ 11.) On April 8, 2022, Mr. Medina received notice from the senior regional manager of BAP, which stated that the owners of the building intended to relocate to the area an d move into Plaintiffs' unit. (FAC, ¶ 12.) The Property owners, and manager, had knowledge that the owners would not actually move into Plaintiffs' un...

Excerpt: ...ase agreement with CFEP (“Agreeme nt,”) and Edward Fields, a managing member of Westfield (“Fields” or “Defendant,”) executed a written Guaranty of Lease (the “Guaranty”) (Complaint, ¶¶ 11 -13.) As part of Plaintiff's acquisition, CFEP assigned its “rights, title, and interest,” in both the Agreement and Guaranty, to Plaintiff. (Complaint, ¶ 14.) After Plaintiff became the landlord of the Subject Building, Westfield and F...

Excerpt: ...nc. filed an action to have a co nservator appointed over Lorraine. (See FAC, ¶ 11.) Plaintiff retained defendant Howard G. Frank dba The Law Office of Howard G. Frank (“Defendant”) to represent her as a beneficiary of the Korpontinos 1988 Revocable Trust Agreement (“Trust”) and the subtrusts —the Lorraine A. Korpontinos Survivor's Trust (“Survivor's Trust”), the Lorraine A. Korpontinos Marital Trust (“Marital Trust”), and th...

Excerpt: ... statutory fee -shifting provision do es not indicate any restrictions on how the fee award is to be calculated, it is presumed that the Legislature intended courts to use the prevailing lodestar adjustment method. Pasternack v. McCullough, 65 Cal. App. 5th 1050, 1055 (2021). The method begins with calculation of the lodestar, i.e. the number of hours reasonably expended multiplied by the reasonable hourly rate. Id. The lodestar figure may then ...

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: ...(“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: ...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: ... 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: ... 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: ...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: ...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: ...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: ...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: ...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....

Excerpt: ...the Healing Wellness Cente r, Inc. (“Center,”) a California corporation located in San Jose. (FAC, ¶¶ 1 -4, 16.) Plaintiff agreed to provide chiropractic services for the Center's “group practice.” (FAC, ¶ 17.) The Agreement provided that Plaintiff “would be responsible for his own t axes, but said nothing [about] billing using CHIANG's Tax ID number, nor was the CENTER using CHIANG's Tax ID number discussed when negotiating” the A...

Excerpt: ...(See FAC, ¶ 34.) On the date of the signing of the loan agreement, Modesto Duran was in the hospital recovering from COVID; however, Zoe Hamilton, MF's representative, pressured Marisela to forge Modesto's signatures on the loan agreement. (See FAC, ¶ 35.) Defendants forced Plaintiffs to execute a promissory note — secured by a deed of trust to the home and Plaintiffs' commercial property at 373 South Twenty -Fourth Street in San Jose (“Com...

Excerpt: ..., was “enrolled in” Defenda nt Does 1 through 6-operated religious organizations (collectively, “Doe Church Defendants”) in California. (FAC, ¶¶ 1 -2, 5, 13.) While a minor, Plaintiff attended religious services at these organizations. (Id., ¶¶ 13, 15 -16.) The FAC alleges Plaintiff wa s a minor at the time of the assault, but it neither specifies the age of Plaintiff nor date(s) of the alleged assault. (Id., ¶ 2.) Defendant Doe 7 (...

Excerpt: ...Cal.App.3d 243, 245-246. A plaintiff's choice of venue is “presumptively correct.” Id. At 247. The burden of proof is on defendant. Defendants first claim that venue must be transferred because it is not proper pursuant to CCP section 395.5. Under 395.5, a plaintiff must bri ng its case where the contract was made or performed, where the obligation or liability arose or where the breach occurred, or in the county where the principal plac...

Excerpt: ...ssed, abused and molested by McQuigg both on and off the premises of MHS. (See complaint, ¶¶ 16 -18.) In August 2023, McQuigg was arrested and charged with sexually abusing and molesting a minor student at MHS. (See complaint, ¶ 26.) On August 3, 2023, Plaintiff filed a complaint against defendants District, and McQuigg (collectively “Defendants”), asserting causes of action for: 1) Negligence, negligent supervision, negligent hiring and/...

Excerpt: ...d omissions (see c omplaint, ¶ 14) and defendant Lisa M. Flores' (“Flores”) negligent failure to maintain, inspect, repair and warn of the dangerous condition of the subject property (see complaint, ¶¶ 20 -23). On October 21, 2021, Plaintiff presented a claim for damages wit h defendant City of San Jose (“City”) in compliance with Government Code section 911.2, and, on November 10, 2021, City sent written noticed rejecting Plaintiff's ...

Excerpt: ...e allegations of the Complaint, Plaintiff Splashworks “owns” and manages Stars Therapy Services (“Stars”), an infant and toddler developmental program and service provider for children with “developmental delays.” (Complaint, ¶ 8.) Plaintiff heavily relies on its “custom” software system/platform (the “Legacy System”) to manage Stars. (Ibid.) The Legacy system, also referred to as “Splashworks 1.0,” took Plaintiff “year...

Excerpt: ...ixteen years old.” (Complaint, ¶¶ 1 -2, 8, 11 -14.) According to the allegations in the Complaint, Plaintiff, who is currently sixty -two years old, was a student at Lynbrook High School (“Lynbrook”) located in Santa Clara County. (Ibid.) The alleged sexual abuse occurred betw een 1976 and 1977. Defendant, a public entity/school district, was an employer of Doe 2, a then 40 -year -old Lynbrook science teacher who molested and sexually abu...

Excerpt: ...al negligence. The FAC al leges Officer Taktejeva engaged in police misconduct on March 19, 2021 when she displayed inaccuracies in her police report in relation to an attack by Tang Jianing (“Jianing”) on Plaintiff.1 Specifically, the FAC alleges: inaccurate reporting regarding Ji aning's account of the attack and weapon utilization; failure to communicate Plaintiff's injury to the on- call judge who issued the emergency protective order; P...

Excerpt: ...ry relief; and, 3) Fraud. On March 22, 2023, the Arzadons filed a demurrer to the complaint. Artemio passed away. On May 5, 2023, Estrella R. Floresca (“Estrella”), individually and as the successor of interest of Artemio C. Floresca, filed a first amended complaint (“FA C”) asserting identical causes of action. On June 6, 2023, the Arzadons filed an answer to the FAC. Estrella demurred to the unverified answer and on September 29, 2...

Excerpt: ...nt project in San Jose know n as “Downtown West.” (See FAC, ¶¶ 1 -2, 42 -47.) Defendant Leslie Kipp is one of several descendants of former owners of the parcels comprising the subject property and may claim to have some right, title, estate, interest, lien or cloud on title to the s ubject properties. (See FAC, ¶¶ 5 -41.) Plaintiffs collectively assert fee interest ownership of the subject properties, alleging that Civil Code section 831...

Excerpt: ...their papers a nd the hearing, the court makes the following rulings: This is an action for attorney malpractice. According to the allegations of the complaint, in 2013, plaintiff Kevin Young (“Young”) began working at plaintiff ABC Wholesale, Inc. (“ABC”), a company founded by his parents. (See complaint, ¶ 8.) Young obtained legal advice regarding the business, including operations and collections, from defendants Judy ChiDee Tsai (“...

Excerpt: ...ghth Division (F ord Motor Warranty Cases (2023) 89 Cal.App.5th 1324 (Ochoa)), and one from the Seventh Division (Montemayor v. Ford Motor Co. (June 26, 2023, B320477) __ Cal.App.5th __ [2023 Cal.App.Lexis 481; 2023 WL 4181909] (Montemayor)) —both of which expressly disagre e with Felisilda. More recently, the Third Appellate District Court of Appeal in Keilar on August 16, 2023, and, the First Appellate District Court of Appeal in Yeh on Septe...

Excerpt: ...of action in the First Ame nded Complaint (“FAC”). Defendants have also filed a motion to strike certain portions of the FAC. I. BACKGROUND A. Factual According to the allegations of the FAC, Plaintiff was employed at Yeganah. (FAC, ¶¶ 20 -21.) On or about August 28, 2021, Plainti ff pointed out to Tarighat that he believed Tarighat had made a mistake with a customer's food order. (Id., ¶ 22.) Tarighat became upset and began yelling at Pl...

Excerpt: ...al According to the allegation s in the operative Complaint, Plaintiff Pereira entered into a “Listing” agreement with prospective buyers, Xiochiti Mijangos and Patel Mijangos (collectively, “Buyers,”) for the sale of real property located on 12935 Columbet Avenue, San Martin, Californi a (“Subject Property.”) Robert Ellis (“Ellis,”) a realtor at Remax Morgan Hill, was the listing agent of the Subject Property. (Complaint. p. 3.) ...

Excerpt: ... on March 31, 2019, he entered into a warranty contract with Defendant and purchased a defective 2019 GMC Sierra 1500 (“Subject Vehicle”) that was manufactured and warranted by Defendant. (Complaint, ¶¶ 16 -18, 29, 31.) In connection with this purchase, Plaintiff received an express wri tten warranty providing that Defendants would repair the Vehicle in the event it developed a defect during the warranty period. Plaintiff also received an i...

Excerpt: ...ly, “Defendants”), causing h im to sustain injuries. (See complaint, ¶ 9.) Defendants knew or should have known about the dangerous condition created by the utility cover and catch basin being used on the subject premises as a latent dangerous condition in an area open and known and foreseeably to be used by the public. (See complaint, ¶ 10.) On September 20, 2021, Plaintiff filed a complaint against Defendants asserting causes of action f...

Excerpt: ...onal (“Colliers”), and John Machado (“Machado”)(collectively, “Cross-Defendants”). According to the allegations of the Cross-Complaint (“XC”), on May 7, 2002, Schmitt purchased a fee estate of real property located at Hillsdale Ave in San Jose (“the Property”). (XC, ¶ 1.) Alliance was hired through Colliers' agent Machado, to handle the transaction and prepare the grant deed for the Property. (Id. at ¶ 4.) Also on May 7, 200...

Excerpt: ...ic teacher, Israel Santiago (“Santiago”). (Id.) Before Santiago assumed his teaching position at Adelante, he was employed at a di
¯erent school within the district but left that school amid allegations of sexual misconduct with students, but was nonetheless transferred into and became fully employed as a band and music teacher at Adelante. (See complaint, ¶ 5, 9.) Defendants knew or had reason to know of Santiago's unlawful sexual conduct ...

Excerpt: ...ollectively, “Sheet Metal Plainti
¯s”), Rick Werner, and Sean O'Donoghue (collectively, “Trustee Plainti
¯s”),1 bring this action pursuant to Labor Code sections 218.7, subdivision (b)(2) and 218.8, subdivision (b)(2) against defendants KB Home, KB Home South Bay Inc., and Lefco, Inc. (collectively, “Defendants.”) I. Background A. Factual Sheet Metal Plainti
¯s are employee beneÞt plans and multi-employer plans as deÞned in the E...

Excerpt: ...Complaint (“FAC”), ¶ 4.) On or about May 19, 2022, Plainti
¯ disclosed to Defendant that she had sleep apnea, a disabling medical condition, and required accommodations. (FAC, ¶ 5.) Instead of accommodating Plainti
¯, Defendant terminated her employment. (Id. at ¶ 6.) Plainti
¯ duly and satisfactorily performed her duties of employment and was willing and able to perform her duties if reasonable accommodations had been made. (FAC, ¶¶ ...

Excerpt: ...bpoena to Mr. Abye to produce records of Bend Capital, LLC (“Bend”). Bend has two, 50% managing members: Mr. Chung and Ms. Chung. Mr. Chung asserts that Ms. Chung did not have the right to unilaterally cause Bend to engage a law Þrm without his consent. Mr. Abye has since been disqualiÞed from representing Bend but, according to Mr. Chung, he continues to withhold Bend's records related to Mr. Abye's representation and positions asserted on...

Excerpt: ...nd fraud by concealment. Plainti
¯ now seeks 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) Summary documents and Deposition Testimony Regarding these Documents (RFP Nos. 43, 45, and 46); (4) Policies and Procedure Discovery (RFP Nos. 56, 57, 58, 68, 69, and 73); and (5) Communications with Governm...

Excerpt: ...endants in this action, was one of the three owners of the commercial building located at 201225 Hamilton Avenue, Palo Alto, CA (the “Property”). On February 28, 2014, Carol Mullen, along with the other two landlords, Don B. Mullen and Scher Holdings, LLC, leased the Property's Þrst ßoor and basement (the “Premises”) to IFTF. (IFTF's Responses and Objections to Defendant's Separate Statement of Undisputed Facts (“IFTF SS” No. 3.) Th...

Excerpt: ... into a fee agreement that included an arbitration provision. (See Petition, ¶ 5, exh. A.) During RHRC's representation of Shah, a dispute arose between RHRC and Shah regarding Shah's failure to pay fees owed under the fee agreement, and as a result, RHRC withdrew as Shah's counsel on June 17, 2020. (See Petition, ¶ 6.) On August 4, 2020, RHRC served Shah with a notice of client's right to arbitration. (See Petition, ¶ 7.) On February 18, 2022...

Excerpt: ...awyer is likely to be a witness unless: (1) the lawyer's testimony relates to an uncontested issue or matter; (2) the lawyer's testimony relates to the nature and value of legal services rendered in the case; or (3) the lawyer has obtained informed written consent* from the client. . . (b) A lawyer may act as advocate in a trial in which another lawyer in the lawyer's Þrm* is likely to be called as a witness unless precluded from doing so by rul...

Excerpt: ...ent of the judgment or order, but the trial court may proceed upon any other matter embraced in the action and not a
¯ected by the judgment or order.” The question is therefore whether the order denying the Tenney defendants' motion to compel arbitration embraces or a
¯ects the instant motion for good faith settlement between Plainti
¯s and the Avalon defendants. Defendant Riddle claims that the Tenney Defendants' appeal of the order denying...

Excerpt: ...ountain View LLC (“Palmetto”), Oto Development, LLC (“Oto”), Lusardi Construction Company (“Lusardi”), Simmons Glass and Window, Inc. (“Simmons”) and Hyatt Corporation (“Hyatt”). (Id. at ¶¶ 1, 11-14.) Plainti
¯ alleges that on August 7, 2020, while using the shower in her hotel room, the shower door exploded onto her, causing severe bodily injuries and other damages. (4AC, ¶ 1.) According to Plainti
¯, the named defendant...

Excerpt: ...a foreclosure on February 3, 2021. (FAC, ¶¶ 27-28.) Clear Recon is a corporation that served as the trustee in the foreclosure sale. (FAC, ¶¶ 20, 28.) Aldridge Pite, LLP, is a law Þrm that represented Clear Recon in its handling of the foreclosure sale. (FAC, ¶¶ 21, 29.) Plainti
¯s home was purchased at a trustee sale conducted by Clear Recon. (FAC, ¶ 28.) The trustees deed upon sale shows that, after the payment of the unpaid debt, th...

Excerpt: ...intiff SB entered into a written agreement ("The Contract") with Northstar Truck Lines, Inc. ("Northstar")l pursuant to which the former agreed to provide "truck hauling" services to the latter. (SAC, 8-9, 23; Ex. 1.) In June 2018, while providing services to Northstar at a site in Mountain View, California, SB's truck damaged a building. (SAC, 10-11.) On September 21, 2018, Plaintiffs obtained a bid from a company named Chana Constructon to repa...

Excerpt: ...AC, 7.) GSC leased the Premises as the result of the assignment of a Food and Beverage Concession Agreement to GSC between City and Areas USA SJC, LLC ("Areas"). (Ibid.) With City's consent, Areas assigned its interest in the contract to GSC. (Ibid.) Pursuant to the assignment, GSC acquired Areas' rights as Concessionaire under a Concession Subcontract between Areas and MSJA. (FAC, 8.) Under this subcontract, MSJA subleased the Premises as the su...

Excerpt: ...saw GM's window sticker that contained important information about the subject vehicle and spoke with the salespeople at Courtesy Chevrolet who told her about the vehicle's key features, components and reliability but failed to inform Plaintiff about the Cooling System Defect. (See FAC, 8.) However, GM knew since 2010 that the 2011 and newer Chevrolet Cruze vehicles contained design and/or manufacturing defects in their engine cooling system that...

Excerpt: ..."SCSC") located in Santa Clara County, upon recruitment by her swim coach, Mitch Ivey ("Ivey") in 1976. (ld., 4, 16-17.) Plaintiff was 16 years old when she first joined SCSC. (ld., 11.) While Ivey coached at SCSC, he "quickly gained a reputation for making inappropriate advances towards his young, female swimmers." (ld., 11.) Plaintiff further alleges that beginning in 1976 both SCSC and the City knew or had reason to know "that Ivey was engagin...

Excerpt: ...airnryan") and is a Hong Kong SAR Limited Company. (See FAXC, '1 1.) Both David and Elizabeth (collectively, "the Chungs") have lived at 27925 Roble Blanco in Los Altos ("subject property") since June 2016; prior to June 20, 2016, the Chungs resided at a family home located at 13920 Mirou Drive in Los Altos Hills. (See FAXC, "1 3, 5, 10.) In May 2015, the Chungs became aware that the sale of their Mirou Drive home would take longer than anticipat...

Excerpt: ...A-Car Co. (2000) 79 Cal.App.4th 1127, 1133 which holds that "[w]hen a cause of action for which attorney fees are prov-ded by statute is joined with other causes of action for which attorney fees are not permitted, the prevailing party may recover only on the statutory cause of action." Plaintiff does not dispute the holding of Akins, but counters that "'[s]uch fees need not be apportioned when incurred for representation on an issue common to bo...

Excerpt: ... requests actually made, as opposed to the requests now made of them. Request No. 7 Plaintiff requested "any and all camera footage of the subject incident." Defendants have provided a cell phone recording of the original version, according to Plaintiff Defendants state this complies with the request because the request does not define "camera footage" and the definition of digital copies allows for digital copies to be the original or "best copy...

Excerpt: ...with Plaintiff. "A defendant may enforce a forum-selection clause by bringing a motion pursuant to sections 410.30 and 418.10, the statutes governing forum non conveniens motions, because they are the ones which generally authorize a trial court to decline jurisdiction when unreasonably invoked and provide a procedure for the motion." CalState Business Products & Services, Inc. v. Ricoh (1993)12 Cal.App.4th 1666, 1680 (Cal-State Business); see al...

Excerpt: ... Southern California to attend a cheerleading competition at Disneyland that involved her daughter. (See FAC, 18.) Hijazi and Does 1- 20 completed a walk-around inspection of the subject aircraft before it was boarded, started the right engine, and then unsuccessfully attempted several times to start the left engine. (See FAC, '1 19.) Passengers were deplaned twice before he was able to start the left engine. (ld.) The plane eventually took off a...

Excerpt: ...the Property"). (Li SAXC, '1 8.) The Property consists of a two-floor commercial building with offce spaces. (ld. at 10.) Jialin Niu ("Niu"), the owner of 577 Campbell, also owns CSBIJ, occupying the lower floor of the Property. (ld. at '19.) Li, who owns and works for GSI Homes and GSI Properties (collectively, "GSI Entities") executed a written lease ("2018 Lease") with CSBLI for Room 107 in the Property. (Li SAXC, 11-12.) Since the execution o...

Excerpt: ...o market and sell their property (the "Property"), through real estate agents Janet Dayton ("Ms. Dayton") and Joe Alderese ("Mr. Alderese"). (SAXC, '1 9.) Intero and the Roaches subsequently entered into a Residential Listing Agreement. (ld. at 10.) Mr. Alderese observed that the Roaches drove to and from the Property via Reynolds Drive and Montgomery Roach told Mr. Alderese that the Property could be accessed on Carlson Drive. (SAXC, 12-14.) Bas...

Excerpt: ...alking northbound on the sidewalk of Church Street in Morgan Hill when she tripped on a protruding segment sidewalk. (Compl„ p. 4, L-1.) Plaintiff fell, landed on her face, and suffered a broken nose and severe face bruising. (Ibid.) On March 17, 2023, Plaintiff filed a Judicial Form Complaint against Crosscomplainants and the City asserting causes of action for premises liability and negligence. On June 7, 2023, Cross-complainants filed their ...

Excerpt: ...ney's fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorney's fees reasonable in relation to the work expended and costs"][emphasis added].) Cross-complainant's memo in support of his moton likewise request attorney's fees pursuant to section 1692k, subd. (a)(3). (See Cross-complainant's Memo, pp. 31:15-3...

Excerpt: ... employee, and/or authorized agent of PCM. (ld. at 10.) On or around January 9, 2007, Nguyen incurred a financial obligation in the form of a Home Equity Line of Credit ("HELOC") issued by JPMORGAN CHASE BANK, N.A. ("Chase Bank"). (FAXC, 14.) On or around May 31, 2009, Nguyen made his last payment to Chase Bank and no further payments were made. (FAXC, '1 15.) On or around October 15, 2019, the debt was sold or resold to PCM for collection purpos...

Excerpt: ...tal consultant initially detected hazardous substances contamination in the subsurface of the Site, detecting PCE and its degradation products, including trichloroethylene (TCE), in excess of the legal screening level for these chemicals. (See SAC, 33.) upon discovery of contamination at the Site, Plaintiff retained environmental consultant Genesis Engineering & Redevelopment, Inc. ("Genesis") to perform an investigation pursuant to the requireme...

Excerpt: ...with a group called MVLA Neighborhood Cares. (See SAC, '1 18, exh. 2.) District has failed to take the necessary steps as promised to manage traffic and parking and respond to complaints within five days, instead actively ignoring and retaliating against Plaintiff's attempts at communicaton. (See SAC, 19-20.) On February 19, 2022, Plaintiff allegedly engaged in a third peaceful "protest" on the MVHS football field, interfering with games on the f...

Excerpt: ...assigned her to obtain travel documentation related to Lee's brother and his mistress. (Ibid.) Following their meeting, Lee "lured YANG to the united States with the promise of lucrative opportunities at Stanford and in the Silicon Valley investment world." (FAC at '14.) Lee holds himself out as the senior advisor of the former CEO of Stanford Health and as an investor working at Stanford university. (ld. at 3, 7.) Throughout their relationship, ...

Excerpt: ...ina is over the age of 80. (ld. at 11.) On April 8, 2022, Mr. Medina received notice from the senior regional manager of BAP, which stated that the owners of the building intended to relocate to the area and move into Plaintiffs' unit. (FAC, 12.) The Property owner, and manager, had knowledge that the owner would not actually move into the Plaintiffs' unit and the owners had no legal basis for evicting Plaintiffs. (ld. at 13, 14.) upon eviction, ...

Excerpt: ...ses of action for breach of contract and common counts. Plaintiff moves for summary judgment. l. PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Plaintiff's burden on summary adjudication The moving party bears the initial burden of production to make a prima facie showing that there are no triable issues of material fact—one sufficient to support the position of the party in question that no more is called for. (Aguilar v. Atlantic Richfield Co. (2001...

Excerpt: ... Cloud to store data made the Technology potentially lucrative. (Ibid.) In April 2015, Plaintiff validated the commercial feasibility of the Technology and began working full time to develop a prototype. (FAC at 10.) In that regard, Plaintiff desired to create a team to help develop the prototype. (Ibid.) Plaintiff had previously met defendant Balaji Parimi ("Parimi") in 2000 and the two had prior work experience in the technology sector and star...

Excerpt: ...vidence or appears reasonably calculated to lead to the discovery of admissible evidence." (Code Civ. Pro. S 2017.010.) Everything that is relevant to the subject matter is presumed to be discoverable. (ld.) The Discovery Act further declares that "the court shall limit the scope of discovery" if it determines that the burden, expense, or intrusiveness of that discovery "clearly outweighs the likelihood that the information sought will lead to th...

Excerpt: ...d a financial relationship with Plaintiff on July 20, 2018. (FAC, 14.) Oracle knew its representation about Plaintiff's compensation was false. (ld. at '1 17.) Plaintiff relied on Oracle's representation when it began sharing its know-how and expertise with Oracle. (ld. at '1 15.) By September 2019, Oracle had changed its arrangement with Plaintiff and declared that a referral fee financial scheme was no longer available to Plaintiff. (ld. at '1 ...

Excerpt: ... services. (See FAC, 7.) Plaintiff provided legal services and advanced costs and expenses for District and invoiced District for those services, costs and expenses. (See FAC, 8.) District has failed to pay the remaining balance of Plaintiff's legal invoices, totaling $336,016.42 in unpaid legal fees and costs, as well as the contractually agreed service charge and interest. (See FAC, 9.) On May 1, 2019, Plaintiff served District with a claim for...

Excerpt: ...64 Senter Road, Unit No. 116, San Jose California ("the Property") since 1990. (FAC, 1.) The FAC alleges Plaintiff signed a Promissory Note for a Home Equity Line of Credit ("Promissory Note") in the amount of $40,500 wherein Plaintiff was Trustor and First Magnus Financial Corporation ("Magnus"), a now defunct Arizona Corporation, was the original beneficiary. (FAC, '1 6.) In connection with the Promissory Note, Plaintiff signed a Deed of Trust ...

Excerpt: ...of the appellate fee award, requesting a total of $31,618,50 for its appellate work and the present motion. Defendants claim that this Court should not consider Plaintiff's opposition to its August 14, 2023 motion because it was late. The opposition was due nine court days before the hearing set for December 7, 2023. CCP S 1005. The opposition was filed on November 27, 2023. The opposition was due on November 22, 2023, as November 23rd and Novemb...

Excerpt: ...d the Lex Apartments in San Jose (collectively, "Subject Properties"), as well as multiple other residential complexes throughout the State of California. (Complaint at '1 17.) Plaintiffs Kim Diaz, Brittany Jensen, Kayla Angerman, Akhil Koul, Chika Ofodu, Guadalupe Fuentes, Luis Heras, Joanne Hurlston, Karan Ghuman, Melissa Butler, and Gwendolynne Grey (collectively, "Plaintiffs") are prospective tenants of the Subject Properties. (ld. at 1-11.) ...

Excerpt: ...any ("FMC") that included that, in the event a defect developed with the subject vehicle during the warranty period, Plaintiff could deliver the subject vehicle for repair services and the subject vehicle would be repaired. (See FAC, 8.) During the warranty period, the subject vehicle had: defects related to the engine; defects causing EGR cooler failure; oil cooler failure; radiation failure; fuel injector failure; coolant entering the engine ve...

Excerpt: ...of the appellate fee award, requesting a total of $31,618,50 for its appellate work and the present motion. Defendants claim that this Court should not consider Plaintiff's opposition to its August 14, 2023 motion because it was late. The opposition was due nine court days before the hearing set for December 7, 2023. CCP S 1005. The opposition was filed on November 27, 2023. The opposition was due on November 22, 2023, as November 23rd and Novemb...

Excerpt: ...Plaintiff maintained his own private law practice. (Ibid.) In or around 2013, ATI became involved in litigation against another company. (SAC, 13.) Plaintiff was involved in managing outside counsel, consulting with outside counsel and ATI executives, researching areas of law for discussion with outside counsel, participating in witness and export depositions, participating in mediations, and having settlement discussions with the other company's...

Excerpt: ...endor credit applications that, unbeknownst to Plaintiff, included personal guaranties against both Plaintiff and the CEO. (See SAC, 12.) On June 30, 2016, defendant Ron Jankov ("Jankov") had Plaintiff sign an indemnification agreement concerning the personal guarantees on the credit application Plaintiff signed. (See SAC, '1 13.) Platinum also obtained insurance policies from Admiral Insurance Company and QBE Specialty Insurance and expressly re...

Excerpt: ...ction in whole or in part on any conditions that may be just." Code Civ. Proc. S 410.30(a). Factual Background In dissolving their marriage, Elizabeth Chung and David Chung are dividing their assets. Bend Capital, LLC ("Bend") holds title to the family home. Elizabeth and David are Members of Bend and each holds a 50% interest in Bend. The purpose of Bend is to borrow money and hold title to the family home. Elizabeth and David disagree about whe...

Excerpt: ...e case was thereafter transferred to Santa Clara County. Plaintiff alleges that on September 5, 2019, following an open court hearing in the State Courts of the Republic of Singapore, Jennifer Marie, Registrar of State Courts of Singapore entered a conclusive and enforceable judgment ("Judgment") against Defendant in the principal amount of $48,000 (USD), plus costs of $1,800 USD, plus interest at 5.33% per annum from the date of the preceding wr...

Excerpt: ...nsel from the Sixth District Appellate Project ("SOAP"), Jared Coleman, who prepared and filed a criminal appeal, and prepared and planned to file a habeas petition with the Sixth District. (See complaint, 12-13.) Plaintiff reviewed the draft and suggested additional investigative work that Mr. Coleman was unable to do or did not have funds for. (See complaint, '1 14.) Plaintiff then floated the habeas petition draft to private attorneys for opin...

Excerpt: ...arefully read this provision, which applies to any dispute between you and Tesla, Inc. and its affiliates, (together "Tesla"). If you have a concern or dispute, please send a written notce describing it and your desired resolution to [email protected]. If not resolved within 50 days, you agree that any dispute arising out of or relating to any aspect of the relationship between you and Tesla will not be decided by a judge or jury but instead ...

Excerpt: ...a Rekhi ("Rekhi") and YCI, Plaintiff was formed to create a parent corporation for the acquisition of RB, with three entity owners: Hurley Family Trust, Chamonix Holding, Inc., and YCI. (See FAC, 7-13.) Plaintiff was not in the business of selling alcohol and therefore relied upon the representations of Defendants Rekhi, Gibbs, and YCI. (FAC, '19.) Plaintiff relied on the following information provided by Defendant Gibbs, at the request of Defend...

Excerpt: ...ended complaint ("SAC"), the District is the largest multi-purpose water supply, watershed stewardship, and flood management special district in California. (SAC at '1 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). (ld. at '1 11.) Like every drinking water plant, the RWTP employs a Residuals Management ...

Excerpt: ...air share for the home while he lived there, that Defendants have limited resources, and that Plaintiff delayed settlement of the action, while Defendants prevented the property from being foreclosed on. Plaintiff argues that this Court should not consider Defendants' opposition as it was filed late. This Court will consider the opposition, as it is favored policy to consider cases on their merits and Plaintiff was not prejudiced by the late fili...

Excerpt: ... any response to Sl Nos. 11, 13, 21-23, and 26-29 and submitted objections to the remaining interrogatories that are the subject of the instant motion to compel. Regarding the RPDs, SJHP argues Plaintiff asserted boilerplate objections and Plaintiff did not respond to the S#cific RPDs or failed to offer any supplemental response. On October 23, 2023, SJHP filed a motion to compel further responses to supplemental interrogatories and a motion to c...

Excerpt: ...1) the remand from the appellate court is limited to the issue of Kathy Pesic's damages; (2) the motion is not timely and is in bad faith; and (3) the cross-complaint falls to state a valid cause of acton. Factual and Procedural Background This action arises out of the alleged use of decedent Ivan Pesic's ("Pesic") genetic material by Joyce Chin ("Chin") to conceive two children through the fertility procedures performed by the Zouves Defendants....

Excerpt: ...ne 19, 2017, in the City of San Jose, defendant Owens negligently operated, maintained, and controlled her vehicle which collided with Insured's vehicle causing property damage. (ld. at "1 11-13.) Owens drove her vehicle with the permission, consent, and knowledge of defendant Wilcox. (ld. at 11.) As a result of Defendants' negligence and after receiving proof of loss, plaintiff Sentry under its policy, paid to or on behalf of its Insured, along ...

Excerpt: ..."an interest relating to the property or transacton that is the subject of the action," (2) that the "disposition of the action may impair or impede [the non-party's] ability to protect that interest," and (3) the interest is not "adequately represented by one or more of the existing parties." (S 387 subd. "These criteria are virtually identical to those for compulsory joinder of an indispensable party." (Carlsbad Police Officers Association v. C...

Excerpt: ...co Mortgage Management, LLC, dba Sprout Mortgage ("Recovco") to purchase property located at Fennel Court in Morgan Hill (the "Property). (Complaint, 1, 16-17.) To secure the loan, he executed a deed of trust ("Deed of Trust") by which he conveyed the Property to Stewart Title of California Inc. ("Stewart Title") as trustee to hold for the benefit of Recovco's designee, Mortgage Electronic Recording Systems, Inc. ("MERS"). (ld. at '1 1, Exs. A, B...