Excerpt: ...ies have resolved the underlying motion to compel, the parties persist in their request for sanctons. Plaintiffs request sanctons for Defendants' misuse of the discovery process under CCP S 2023.030, among other statutes. Misuse of the discovery process includes "[mlaking, without substantial justification, an unmeritorious objections to discovery," "making an evasive response to discovery," and "opposing, unsuccessfully and without substantial j...

Excerpt: ...d because the amendments fail to state a viable cause of action. Finally, they argue that they will be prejudiced if Plaintiffs are allowed to amend. Legal Standard A court may allow, in its discretion "upon any terms as may be just, an amendment to any pleading." CCP S 473(a)(1). The California Supreme Court has long stated that the rule in California is one of "liberal allowance of amendments" to pleadings. Nestle v. Santa Monica (1972) 6 Cal.3...

Excerpt: ...his interest in 360 IT Professionals, Inc. ("360") and US IT Solutions, Inc. ("UIS") (collectively, "the Companies") for $5 million to be paid as $800,000 in cash paid at closing, $150,000 to be paid at closing from the Companies' cash on hand, $2,200,000 in the form of a promissory note ("Note") and $2,850,000 from the accounts receivable of the Companies with $650,000 of the unbilled accounts receivables and $2,200,000 from the billed accounts ...

Excerpt: ...ction against the City of Gilroy, the County of Santa Clara, Santa Clara Transportation Authority (collectively, "Roadway Defendants"), Brian Omar Sanchez Ayala ("Ayala"), and Does 1 through 100 (collectively, "Defendants"). According to the FAC, on or around January 9, 2022, Decedent was a lawful pedestrian walking home on or near Monterey Road in Santa Clara County, California after being transported and dropped off at the bus stop on Monterey ...

Excerpt: ...) and owned and operated by defendant David Shannon Propach ("Propach"). (See complaint, "1 7-11.) When the Yamaha vessel engine was off, Plaintiff saw the ski tow rope float under the boat and reached for the rope when Propach then started the engine. (See complaint, 11-12.) The ski tow mpe was inhaled into the impeller and then wrapped around Plaintiff's hand, pulling her over the port side of the gunwale, causing a traumatic partial amputation...

Excerpt: ...except Exhibit D are records of the superior court. The Court could find no filed pleading corresponding to September 11, 2019. The aforementioned exhibits, A-C and E-l are subject to judicial notice as records of the superior court under Evidence Code section 452, subdivision (d). (See Stepan v. Garcia (1974) 43 Cal.App.3d 497, 500 [the court may take judicial notice of its own file].) But, "while courts are free to take judicial notice of the e...

Excerpt: ... Bernardino County. (See complaint, '1 13.) On June 4, 2016, Defendant refused to comply with a family law court order for the minor child's visitaton with Plaintiff, and the police enforced the order. (ld., at 14.) In June of 2016, Defendant filed a domestic violence claim in San Bernardino Superior Court, but her claim was denied. (ld., at 16.) Defendant's refusal to comply with family court orders and continued until February 2017, when the co...

Excerpt: ...C "Defendants"). Kentfield Property According to the allegations in the First Amended Complaint ("FAC"), in or around April 2017, Plaintiff was solicited by defendants Braegelmann and Tralka, acting on behalf of defendants GCA and Good Steward, regarding construction financing of undeveloped real property known as the Kentfield Property. (See FAC, 11.) Said defendants represented that GCA owned the Kentfield Property and once developed it would b...

Excerpt: ...mplaint in case number 22CV399354 ("the '354 complaint") against Abdolyousefi asserting causes of action for: 1) Fraud; 2) Breach of Contract; 3) Declaratory Relief — Rescission; 4) Declaratory Relief — Contract Terms; 5) False personation/ldentity Theft; 6) Partition and Sale of Real Property; 7) Unjust Enrichment and Restitution; 8) Assault and Battery; 9) Defamation; and 10) Computer Tampering. On May 2, 2023, the Court granted Abdolyousef...

Excerpt: ... the settlement is in good faith. City of Gran Terrace v. Sup. Ct. (1987) 192 Cal.App.3d 1251, 1261. In determining faith the court considers a number of factors as laid out in Tech-ant, Inc. v. Woodward Clyde Assocs. (1985) 38 Cal.3d 488. As explained in Tech-Bilt, the court should consider the plaintiff's likely total recovery, the settlor's proportionate liability, the amount paid in settlement, the allæation of settlement proceeds among plai...

Excerpt: ...t El camino Real APN 165-01-040 (See complaint, "1 1-2.) Plaintiffs, Donald Ottavis ("Donald") and Ernest Ottavis ("Ernest") (collectively, "Plaintiffs") are co-Trustees of the Thelma Ottavis 2004 Trust (the "Ottavis Trust") which owns an undivided 25% interest in the Properties as tenant in common. (See complaint, 1- 2.) Defendants Silvio and Angele Borello are Trustees of the Borello Trust, which owns an undivided twenty-five percent (25%) inte...

Excerpt: ...ntained, managed and operated the premises. (ld„ at p.4, Prem.L-2.) Defendants City of San Jose and Apollo Adult Day Program, Inc. owned the public property on which the dangerous condition existed and had constructive notice of the existence of the dangerous condition in sufficient time prior to the injury to have corrected it. (ld., at p.4, Prem.L-4.) Plaintiff filed a Judicial Council form complaint against defendants City and Apollo Adult D...

Excerpt: ..., Petrini filed a proposed default judgment. On July 22, 2022, Crosscomplainants filed a request for entry of default as to the cross-complaint. On October 31, 2022, Petrini filed a motion to strike the cross-complaint, answer, and request for entry of default as untimely. On January 20, 2023, the Court filed its order denying Petrini's motion to strike, stating: Petrini's premise that the date that a pleading is filed is determined by the date t...

Excerpt: ... entirety, such that they cannot forced to arbitration. In response, Defendants contend, among other things, that they were not required to be licensed in California because they performed no acts within the State of California. Accordingly, Defendants request that the parties be com#lled to arbitration, that the claims against them be severed out from the rest of the case, and that the claims against them be stayed pending the arbitration. Befor...

Excerpt: ...hey moved to Nevada in or around October 2020. (ld., at '12.) Estrella Floresca and Marina Arzadon are sisters. (ld., at '19.) This achon concerns the real property located at 1662 Cathay Drive in San Jose, California (the "Property"). (See Complaint, '1 7.) On or about June 8, 1992, Plaintiffs acquired the Property by individual grant deed, paying a down payment of $34,139.20 towards its purchase. (ld., at 8, Exs. 1-2.) Because Plaintiffs were n...

Excerpt: ...trier of fact or by the court, of the existence of a matter of law or fact that is relevant to an issue in the action without requiring formal proof of the matter." (Poseidon Development, Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117.) Defendant seeks judicial of Exhibits A-G. Exhibits A-E are court documents. The aforementioned exhibits are subject to judicial notice as records of the superior court under Evidence Code sec...

Excerpt: ...ica (1972) 6 Cal.3d 920, 939. "That the trial courts are to liberally permit such amendments, at any stage of the proceeding, has been established policy of this state since 1901." Hirsa v. Superior Ct. (1981) 118 Cal.App.3d 486, 488- 89. Defendant claims that the motion should be denied because the claim against Ms. Pereyra is beyond the statute of limitations, as the motion for leave was not filed until 3 months after the statute of limitations...

Excerpt: ...er ways. (ld.) This group of people contacted various companies to ruin Plaintiff. (ld.) Among these companies were WhatsApp LLC ("WhatsApp") and Meta Platforms, Inc. ("Meta"). (ld.) Plaintiff "joined some RV Park Groups and made some advertisement posts" to rent land space in Arizona for RV owners to park and reside, and three people responded to the posts on the same day. (See FAC, attachment number 5, pp.1-2.) After Plaintiff gave links to her...

Excerpt: ... located at 15280 Blackberry Hill Road, Los Gatos, California (the "Arora Parcel"). (ld., at "1 2, 7.) Blackberry Hill Road does not directly reach either the Arora Parcel or the Searle Parcel; there are two roads connecting Blackberry Hill Road to the Searle Parcel: (1) the "Lower Road" and (2) the "Radio Road." (See SAC, '1 10.) The Lower Road connects Blackberry Hill Road to the Searle Parcel by crossing over both the "Schwager Parcel" (locate...

Excerpt: ... inaccessible without that driveway that provided street access. (See FAXC, 12-14.) The driveway crosses a triangle-shaped sliver of the southeastern corner of the property ("the Triangle") that is approximately 180 square feet where both the 19555 and 19605 properties abut Redberry Drive. (See FAXC, '1 15.) In October 1987, crosscomplainants Arthur and Elaine Gallun, individually and as trustees of the Gallun 2CM Revocable Trust (collectively, "...

Excerpt: ... 35.) The Lease was a "ground lease," meaning the tenant was the owner of any tenant-added improvements on the Property until the end of the Lease term. (Ibid.) The initial term of the Lease was 20 years, but White & McKee's tenancy on the premises continued through a series of 5-year extension options and terminated after the final extension on or about March 2, 2022. (FAC 36.) Defendant Duckett-Wilson Development Company ("Duckett") has served ...

Excerpt: ...n July 29, 2022. None of the responses was verified but each included a page stating, "VERIFICATION TO FOLLOW." Plaintiff, finding the responses deficient and unverified, requested verified, full and complete discovery responses on August 17, 2022. Plaintiff then extended the date for Defendant to respond several times. On October 21, 2022, Defendant served some supplemental responses. Both the initial and supplemental responses remained unverifi...

Excerpt: ...e terms of the contract, Group One was obligated to: commence construction on Monday, November 9, 2015 and complete construction on Friday, August 19, 2016; supply La Encina with Conditional Lien Releases with all progress billings and upon all progress payments from the subcontractors or supplies; pay subcontractors, sub-subcontractors and suppliers within seven days after receipt of payment by La Encina; hold payments received from La Encina fo...

Excerpt: ...20, and as a result, she fell off a rock and was severely injured. (Complaint, '1 2.) Plaintiff was six years old at the time of the incident. (Ibid.) Defendant Kathy Banks is adult individual doing business as CCKC. (ld. at 6.) Through her guardian ad 'item, Dragos Sbirlea, Plaintiff filed a Complaint against Defendants alleging causes of action for (1) negligence; and (2) negligent hiring, retention, supervision, training and entrustment. Defen...

Excerpt: ...me, a City enforcement officer issued a ticket, and in December 2018, the same offcer issued the same ticket, resulting in the threat of a substantial five-figure fine. (See FAC, 9.) On April 9, 2019, Plaintiff and the officer attended an appellate hearing of the ticket, held by a mediator from Data Ticket. (See FAC, '1 10.) Plaintiff felt that the process was biased because Plaintiff requested, but was not provided, a permit and a neutral, reput...