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: ...ntiff was diagnosed with COVID-19 and was unable to work for over two weeks due to his serious medical condition. (ld. at '1 19.) During this time, he was not provided proper sick leave under the Families First Coronavirus Response Act. (ld. at '1 14.) Then, before Plaintiff was able to safely return to work, Defendant informed him it was reducing its workforce, it had no more work for him, and he was being laid off. (FAC 20.) Plaintiff does not ...

Excerpt: ...J Von Schaumberg ("Von Schaumberg") (collectively, "Shah defendants"), and the request for joinder in the motion for judgment on the pleadings by defendants Michael Maidy, Timothy Cox, Martin Pichinson, Bernie Murphy and Feevt (assignment for the benefit of creditors), LLC (collectively, "Sherwood defendants") came on for hearing. The Court issued an order on February 23, 2023, declaring Plaintiff as a vexatious litigant as defined by Code of Civ...

Excerpt: ...ement with Grant Turner. A detailed statement of facts and procedural history of this action is set forth in the orders sustaining demurrer filed June 29, 2022 and July 20, 2022, and is incorporated herein, but will not be restated here in the interests of brevity. Demurrers were sustained without leave to amend for all defendants on June 29, 2023 and July 20, 2022. Notwithstanding the granting of the demurrers without leave to amend, on July 5, ...

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...

Excerpt: ...er ways. (ld.) This group of people contacted various companies to ruin Plaintiff. (ld.) One of these companies was Air France-KLM Group. (See FAC, attachment number 5, p.3.) While in Nigeria, Air France cancelled Plaintiff's flight on the day of the flight despite the fact that Plaintiff did not request to cancel her booking; however, it stated in an email that she could ask one of the airport employees to reinstate her flight booking. (ld.) Whe...

Excerpt: ...e action. In 2001, plaintiff Roger Nelson ("Plaintiff") purchased real property located at 1201 Ayer Dr. in Gilroy, California ("Property"). (See First Amended Complaint ["FAC"I at 1, 13.) Plaintiff purchased the Property for $425,000 by obtaining loans from First Franklin in the amounts of $339,950 ("First") and $85,000 ("Second Home Equity Line"). (ld. at '1 13.) Plaintiff refinanced the First loan in 2004 for $333,000 through Pacific Financial...

Excerpt: ...and damages. (See SAXC, '1 5.) Reyna was involved in a traffic collision that occurred on or about November 15, 2019 at the intersection of Jacklin Road and the southbound off-ramp of Interstate-680 in Milpitas, California. (Ibid.) Reyna alleges Cross-complainants were negligent in the operation of their vehicles, which caused the underlying traffic collision and her resulting injuries and damages. (ld. at 5.) Cross-complainants contend a defecti...

Excerpt: ... Defendants. The Court has now reviewed all filings from the parties. Based on the filings and the arguments of Counsel at Feb. 14th hearing, the now finds as follows: Plaintiff asks for sanctions against Defendants GS Almaden LLC and Greystar California ("Defendants") for failure to comply with their discovery obligations. As acknowledged by both sides, Defendants did not comply with the time constraints of this Court's order of June 20, 2022. D...

Excerpt: ...l year. (ld. at "1 6, 15—20.) Stipe is an elementary school located in San Jose, California and is a part of Defendant Oak Grove School District ("District"). (ld. at '14.) Beninger passed away in or around 2014. (ld. at '1 6.) In the summer of 1981, Beninger anally raped Plaintiff in the hot tub at Beninger's home. (ld. at "120 — 22.) In or around 1985, Plaintiff donated blood at the American Red Cross and learned that he was HIV positive. (...

Excerpt: ... Group One $3.9 million plus Change Orders in exchange for Group One's of the contract. (ld.) The contract was signed by cross-defendants Jen Hao Richard Chen ("Chen"), Sheena Chang ("Chang") and Chung Yeh ("Yeh") as owners of La Encina. (See SAXC, '1 18.) Prior to entering the contract, Foust questioned Chen, Chang and Yeh about La Encina's ability to pay for Group One's services under the contract, and Chen, Chang and Yeh assured Foust that: La...

Excerpt: ...ect to any disciplinary action for years and received regular raises. (Ibid.) In July 2021, Plaintiff had a seizure. (Compl. 19.) Beginning on or around July 30, 2021 through on or around October 31, 2021, Plaintiff took medical leave to care for herself. (Ibid.) She returned to work on or around November 1, 2021. (Ibid.) When she did not feel well, Plaintiff would call into work. (Ibid.) She also offered to work from home, as at least half of th...

Excerpt: ...on company doing business as AR Constructon ("ARC"). (ld. at '1 8.) ARC transferred its assets to a separate company, defendant Happily Ever After Design, LLC ("HEAD"), allegedly liable to Plaintiff on a successor liability theory. (ld. at 12.) Anthony left ARC on or about May 3, 2021, and joined HEAD on or about May 12, 2021. (ld. at "1 9, 12.) ARC transferred all or nearly all of its operating assets to HEAD in an attempt to avoid its creditors...

Excerpt: ... “Property”). (See FAC, ¶¶ 7, 11.) The rental agreement was subject to U.S. Department of Housing and Urban Development (“HUD”) project-based assistance and rules. (Id. at ¶ 11.) Plaintiffs requested repairs to the Property, but repairs were not forthcoming and were substandard when made. (See FAC, ¶ 12.) Security at the Property has been substandard throughout Plaintiffs' tenancy, including exterior locks that do not work, fire doors...

Excerpt: ...nd warehouse. (Id. at ¶ 20.) Plaintiff Christopher Locsin (“Chris”) is a tenant-in-common owner of a fifty-percent (50%) interest in the Property. (Complaint at ¶ 3.) Defendant Dwight Locsin (“Dwight”) is a tenant-in-common owner of a fifty-percent (50%) marital interest in the Property together with defendant Denise Locsin (“Denise”). (Complaint at ¶ 4.) Defendants Dwight and Denise (collectively, “Defendants”) are husband and...

Excerpt: ...Plaintiff was terminated on August 26, 2021. (Id. ¶ 26.) Plaintiff was employed by three business entities, each named as a defendant, and collectively referred to as “Employers” in the complaint: Power Personnel, Inc. (“Power”), Stanford Health Care (“SHC”), and Global HR Partners, LLC, (“Global”). (See Complaint, ¶¶ 3-6, 22.) At all times relevant to the complaint, Power owned and operated a private staffing agency (Id. at 7)...