Excerpt: ...his Court to modify its Order of December 21, 2021 (hereinafter “the Order”) to compel arbitration and stay proceedings to make explicit that notwithstanding any agreement between Appellant and Respondent to arbitrate employment disputes, the Labor Commissioner has the right to investigate and prosecute, if warranted, the retaliation claim filed by Appellant under Labor Code Section 98.7. The Commissioner asserts this is warranted under Code ...

Excerpt: ...nt to Cal. Code of Civil Procedure § 36(f). Plaintiff and Cross‐Defendant Johnson Controls Fire Protection LP, Defendants Hyatt Corp., San Jose Hotel Partners, LLC, HPHH San Jose, LLC, and PNC Bank, and Defendant and Cross‐Complainant Metcalf Builders (hereinafter collectively referred to as “Defendants”) all filed oppositions to the motion for preference on either December 19, 2022 or January 3, 2023. WEG filed its reply to the oppositi...

Excerpt: ...t 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 Feeva, referencin...

Excerpt: ...ew and sign an employment agreement because he had access to confidential information in the regular course of his job. (See XC, ¶ 10 and Exhibit 1.) The employment agreement defines RPO's “confidential information” to include customer lists and accounting records. (Id. at ¶ 11.) It also requires Litwin to protect RPO's confidential information during his employment and upon termination. (Id. at ¶¶ 12‐13). At or near the end of Litwin's...

Excerpt: ...�). (See SAC at p. 5.) After Plaintiff completed his shopping and put his bags in his vehicle, he was stopped by Mary Cayori (“Cayori”) from the City's police department. (Ibid.) She detained Plaintiff to determine if he had placed stolen items in his shopping bags. (Ibid.) Plaintiff responded he had a valid receipt for everything and encouraged the officer to review the store's video footage to confirm. (Id. at pp. 5‐6.) Following review o...

Excerpt: ...ly, MCM claims it is the prevailing party because Defendant dismissed its cross‐complaint after Plaintiff prevailed in its motion to reclassify the case to one of unlimited jurisdiction. MCM argues that its prevailing on the reclassification motion positively affected not only its position in the underlying case, as it resulted in Defendant voluntarily dismissing its cross‐complaint, but also in other cases brought by Defendant's counsel on b...

Excerpt: ...ated at 2830 Alum Rock Avenue San Jose CA, 95127, Santa Clara, California. (Complaint, ¶ 1.) Turner and Reandeau jointly presented a check from Flagstar that was made payable to both of them in the amount of $40,000. (Complaint, ¶ 2.) At the time, Citibank's teller examined the identification of Turner and Reandeau before they signed the check. (Complaint, ¶ 3.) After Reandeau signed the check, he stepped away to take a phone call. (Complaint,...

Excerpt: ...��) attended the Festival on the day of the shooting. (Complaint, ¶ 3.) Tragically, Irby was shot and died from his gunshot wounds. (Ibid.) Plaintiff is Irby's mother and sole heir. (Ibid.) Those responsible for the Festival failed to live up to their promises to provide a “safe, family‐friendly atmosphere” that would be without “weapons of any kind” and they failed to adhere to the most basic security requirements of having a secure p...

Excerpt: ...” or the “Subject Property”). According to the allegations of the operative SAC, plaintiff Vietnam Town Condominium Owners Association (“Plaintiff”) is a nonprofit mutual benefit corporation comprised of the owners of approximately two hundred and fifty‐six commercial condominium units within the Vietnam Town development located at 909‐999 Story Road. This action pertains to the 115 units located at 969, 979, 989 and 999 Story Road ...

Excerpt: ...business from January 1, 2016 to the present, excluding documents obtained specifically for use in this action.” Plaintiff's Separate Statement at pp23 and 25. Home Depot (hereinafter “defendant”) claims it need not provide documents responsive to these two requests because such documents contain “highly proprietary and confidential information, as well as trade secrets pertaining to Home Depot's business.”3 Defendant's Opposition at 4....

Excerpt: ...senting a multiplier of 1.35 on attorney fees; and (4) an additional $3,500.00 to review the opposition and draft the reply and attend the hearing. Plaintiff argues that the total fees sought are reasonable and properly recoverable because they were forced to litigate the case for approximately two years. Because of Fords failure to accept liability and make a reasonable settlement offer, Plaintiff chronicles the different motions that Plaintiff ...

Excerpt: ...n are: (1) Usury; (2) Fraud; (3) Unlawful Business Practices (violation of Business & Professions Code §17200, et seq.); (4) Breach of Contract; (5) Unjust Enrichment, and; (6) Declaratory Relief. Attached to the Complaint as exhibits A‐H are copies of various documents, including documents related to the loan and communications between the parties. Currently before the Court are a Demurrer to the Complaint and a Motion to Strike portions of t...

Excerpt: ...Defendants Joseph S. Lacob and Jean Lacob, personal representative of the Estate of David B. Lacob, demurred to the FAC. This court sustained the demurrer to all causes of action on June 6, 2022. Specifically, the Court permitted “10 days' leave to amend as to the claims arising from Plaintiff's untimely creditor's claim against the Estate of David Lacob.” In addition, the Court sustained defendants' demurrer to claims arising from Plaintiff'...

Excerpt: ...Plaintiff's rights under the state and federal constitutions and intentionally inflicted emotional distress. As noted, Plaintiff is self‐ represented, which is sometimes referred to as appearing in propria persona. “[W]hen a litigant is appearing in propria persona, he is entitled to the same, but no greater, consideration than other litigants and attorneys. Further, the in propria persona litigant is held to the same restrictive rules of pro...

Excerpt: ...tiff was 60 years old when terminated, while younger colleagues were retained); (2) Retaliation (in violation of the FEHA, alleging in ¶45 that Plaintiff objected to an “age‐based comment” from a supervisor in April 2019); (3) Failure to Prevent Discrimination (in violation of the FEHA), and; (4) Wrongful Termination. The Complaint alleges that Plaintiff was hired in July 2017, started work for Defendant in August, and was 60 years old as ...

Excerpt: ...ants 1 through 30, as employees of Defendant Bank (“Doe Defendants”). Plaintiff's former spouse was prohibited by a temporary restraining order from taking possession of Plaintiff's property – including her checking and savings accounts. (Id. at ¶¶ 11‐12.) Plaintiff alleges that in July 2019, Plaintiff's former spouse withdrew in separate transactions: (1) $100,000 and $45,000 from Plaintiff's savings account; and (2) $50,000 and $70,00...