Excerpt: ...t clearly became so.” Cal.Gov. Code Section 12965(c)(6). The asymmetrical distinction between a prevailing plaintiff's and a prevailing defendant's ability to recover attorney's fees under the FEHA is meant to “make it easier for a plaintiff of limited means to bring a meritorious suit,” while serving “to deter the bringing of lawsuits without foundation,” “to discourage frivolous suits,” and “to diminish the likelihood of unjusti...

Excerpt: ...iled an action to have a conservator 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 the George ...

Excerpt: ...s action. That is a proper subject for judicial notice. Evid. Code Section 452. The request is GRANTED. Timeliness Plaintiff claims that Defendants' motion to quash is not timely and should be denied for this reason. In this case, the date for production was October 14, 2022 and Defendants did not file their motion to quash until October 20, 2022. Under CCP 1985.3(g) a party “may, prior to the date for production, bring a motion under Section 1...

Excerpt: ...rate Statement of Undisputed Facts [“SSUF”] at No. 1.) Louisa Chiu (“Chiu”), Plaintiff's Managing Member, signed the Lease on behalf of Plaintiff. (Id. at No. 2.) Defendants Sant Mai and Trina Mai signed on behalf of Conway. (Ibid.) Also, on October 24, 2018, defendants Sant Mai, Trina Mai and Teresa Nguyen (collectively, “Defendants”) each signed a personal guarantee (“Guaranty”) for the Lease, guaranteeing Conway's obligations w...

Excerpt: ...ntiff asserts that Feeva never authorized Gaskin to sign the 3/25/15 document on Feeva's behalf. (See FAC, ¶¶ 4-7.) While Plaintiff admits to having signed the agreement, he thereafter revoked his offer before all of the other sixteen parties validly executed the March 25, 2015 document. (See FAC, ¶ 8.) In the underlying action, on September 12, 2014, Plaintiff moved for an order deeming that Kaufhold Gaskin LLP (“KG”) did not represent Fe...

Excerpt: ...SAC, ¶¶ 16-17.) Chen signed the document, thinking it was a sign-in sheet, and nobody described the document as a release of liability. (See SAC, ¶¶ 22-23.) Chen does not remember who handed him the clipboard or who told him that it was a sign-in sheet, but if that person was not a Silicon Shores employee, there was a Silicon Shores employee standing next to the person who referred to the document as a sign-in sheet, and that Silicon Shores e...

Excerpt: ... in August 2009, plaintiff Anupam Sahai (“Sahai”), Chandra Bilugu (“Bilugu”), and Sayi Tigadi (“Tigadi”) co-founded eGestalt Technologies, Inc. (“eGestalt”), a California corporation. (TAC at ¶ 12.) Tigadi left the company in 2010 and his shares were distributed equally between Sahai and Bilugu. (Ibid.) In December 2012, Sahai and Bilugu created a shell entity, eGestalt Technologies, a Delaware corporation (“eGestalt-Del”). (...

Excerpt: ...s.” (SAC, ¶ 1.) There are times when a patient with an emergency medical condition is brought to a hospital that is not “in-network” with the patient's HMO; however, California law requires hospitals to provide emergency medical care, regardless of whether the hospital is in-network with the patient's health plan. (Id. at ¶ 3.) Additionally, California law requires that the health plan reimburse the hospital for emergency services. (Ibid....

Excerpt: ... FAC, ¶ 10.) On December 11, 1997, Mr. Searle, as trustee of the Searle Family Trust, filed a complaint against Udi Fishman for quiet title, reformation, damages and injunctive relief because Mr. Fishman barricaded a road known as “Radio Road” to prevent Mr. Searle from use of the road, in Searle v. Fishman, et al. (Super. Ct. Santa Clara County, 1997, No. CV770743). (See Pl.'s opposition to demurrer, p.2:1-9.) Searle moved for summary adjud...

Excerpt: ...d on the representations made by defendants Gibbs, Rana 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, ¶ 9.) Plaintiff relied on the following i...

Excerpt: ...gned a digital consent disclosure authorizing Defendant to obtain an investigative consumer report (“ICR”). (Complaint, ¶ 30.) Plaintiff alleges the disclosure was noncompliant and that he opted-in to request a copy of the report in the event of its procurement. (Ibid.) On July 19, 2022 and July 22, 2022, Defendant acquired electronic copies of the ICR from Asurint and Sterling, respectively. (Complaint, ¶¶ 31-33.) Asurint and Sterling are...

Excerpt: ...ner (“Emily”) is Klopp's niece. (Ibid.) Throughout his life, Klopp remained close to Jane and Emily, often assuring Emily that she would never have to worry about money. (Id. at ¶ 8.) When Jane was experiencing health problems in 2021, Klopp told Jane and Emily not to worry about the healthcare costs because he had “multiple millions of dollars” set aside for them. (Id. at ¶ 8.) Beginning in or about 2003, Klopp established several indi...

Excerpt: ...eGestalt”), a California corporation. (TAC at ¶ 12.) Tigadi left the company in 2010 and his shares were distributed equally between Sahai and Bilugu. (Ibid.) In December 2012, Sahai and Bilugu created a shell entity, eGestalt Technologies, a Delaware corporation (“eGestalt-Del”). (TAC at ¶ 13.) In March 2015, the eGestalt-Del was renamed Aegify, Inc. (“Aegify”). (TAC at ¶ 15.) On February 1, 2010, Aegify made an offer of employment ...

Excerpt: ...equests without either disclosing attorney client information or divulging information unrelated to this matter, and thus irrelevant. “Evidence Code section 954 confers a privilege to a client “to refuse to disclose, and to prevent another from disclosing, a confidential communication between client and lawyer.” A “confidential communication,” is defined as “information transmitted between a client and his or her lawyer in the course ...

Excerpt: ...causes of action for: 1) Reformation of contract; 2) Declaratory relief; 3) Declaratory relief; 4) Breach of lease; and, 5) Breach of the implied covenant of good faith and fair dealing. On May 20, 2022, Plaintiff served requests for production of documents on Defendant. (See Pulliam decl. in support of motion to compel compliance, ¶ 2, exh. A.) On July 5, 2022, Defendant provided verified responses and objections indicating that they would prod...

Excerpt: ...cable Family Trust (the “Boumis Trust”) are the current owners of the property adjacent to Plaintiff's property, located at 1072 Lincoln Avenue, San Jose, California, 95125 (“1072 Lincoln” or the “Boumis Property”). (See SAC, ¶ 10.) The Froom Trust is the current owner of real property located at 1060 Lincoln Avenue, San Jose, California, 95125 (“1060 Lincoln” or “Froom Property”). (See SAC, ¶ 11.) Plaintiff has been the tit...

Excerpt: ...tiff Youlin Wang (“Wang”) owns 100% of Magnolia and resides in China. (Id. at ¶ 2.) Guohua “Greg” Xiong (“Xiong”), Wang's brother-in-law, is an authorized agent for Magnolia and Wang (collectively, “Plaintiffs”). (Id. at ¶¶ 13-14.) Plaintiff Wang developed two new single family residences in Palo Alto, California, located at 3878 Magnolia Drive and 3880 Magnolia Drive. (SAC at ¶ 15.) Plaintiff Wang subsequently transferred own...

Excerpt: ...ndant Sanctuary Systems LLC (“Sanctuary”). (Id.) Between January 2020 and April 2020, Sanctuary, defendant 305 Consulting LLC (“305 Consulting”), defendant Benham Pourdeyhimi (“Pourdeyhimi”), defendant Bryan Sigler (“Bryan”), and defendant Robert Sigler (“Robert”) made representations to Plaintiffs that: (1) Sanctuary was an industry leader in the design, manufacture, testing, and distribution of respiratory mask materials for...

Excerpt: ...rdered them to conduct a face‐to‐face meet and confer and if that did not resolve the issues, to participate in an informal discovery conference (IDC). Because the parties were still in dispute over requests 3, 7, 8, 9, 12 and 21 at the December 13, 2022 hearing (see Minute Order of Jan. 4, 2023), this motion for protective hearing was set for February 2, 2023. The court notes that the parties' joint statement of December 6, 2022, included re...

Excerpt: ... of the foreclosure sale. (Id. at ¶¶ 21, 26.) Plaintiff's home was purchased at a trustee sale conducted by defendant Clear Recon. (See complaint, ¶ 25.) The trustee's deed upon sale shows that, after the payment of the unpaid debt, there remained excess foreclosure sale proceeds (“Excess Proceeds”) of roughly $1.6 million. (Ibid.) As Clear Recon's counsel, Aldridge sent Plaintiff and George a Notice of Surplus Funds on February 5, 2021. (...

Excerpt: ...ission, Inc. (“Allison”), Pacific Power Group, LLC (“Pacific Power”), and Coast Counties Truck & Equipment Company (“Coast”)(collectively, “Defendants”). (See Second Amended Complaint (“SAC”), ¶¶ 5‐12.) Plaintiff refers to Western, Superior, MJTS, and Murray as the “Delivery Defendants.” (See SAC, ¶ 14.) It refers to PACCAR, Allison, Pacific Power, and Coast as the “Manufacturer/Servicer Defendants.” (See SAC, ¶ ...

Excerpt: ...re the occurrence of an Urban “liquidity event” creating distributable cash resources in such an amount sufficient to fully repay the loan. (See fourth amended complaint (“4AC”), ¶ 9.) On January 18, 2016, Plaintiff was informed of an Urban liquidity event, and Plaintiff made a written demand for repayment in May 2016. (See 4AC, ¶ 10.) In December 2009, Plaintiff made a payment of $124,000, leaving a balance due of $858,365, but Defenda...

Excerpt: ...fendants) oppose the motion, claiming that the new proposed pleading is in direct contradiction of the original complaint and verified discovery responses. In the alternative, defendants request that the matter be continued to allow further discovery as to the cause of death. CLAIMS Both sides recognize that leave to amend is liberally granted. Defendants claim that no leave should be granted here, in essence, because plaintiff will not be able t...

Excerpt: ...l‐time job. (Ibid.) In addition to his employment at ATI, Plaintiff also maintained his own private law practice. (Ibid.) Around 2013, ATI became involved in litigation against another company. (Complaint, ¶ 13.) The litigation went on for seven years. (Ibid.) Plaintiff was involved in managing outside counsel, reviewing all substantial pleadings for discussions with them, consulting with them and ATI executives as to the status of the case, r...

Excerpt: ...e, California (“Property”). (Complaint at ¶ 6.) Plaintiff Patrick O'Hara (“Plaintiff”) alleges he, and at least one of his neighbors, made numerous requests to cut down tall, dry, dangerous outgrowth and remove homeless encampments from the Property. (Id. at ¶ 9.) Caltrans however failed to maintain the Property in safe condition prior to June 17, 2021. (Id. at ¶ 7.) As a consequence, a fire broke out injuring Plaintiff and destroying ...