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: ...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: ...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: ...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: ...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: ...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: ...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, ¶¶ ...