Excerpt: ...endor credit applications that, unbeknownst to Plaintiff, included personal guaranties against both Plaintiff and the CEO. (See SAC, 12.) On June 30, 2016, defendant Ron Jankov ("Jankov") had Plaintiff sign an indemnification agreement concerning the personal guarantees on the credit application Plaintiff signed. (See SAC, '1 13.) Platinum also obtained insurance policies from Admiral Insurance Company and QBE Specialty Insurance and expressly re...

Excerpt: ...nsel from the Sixth District Appellate Project ("SOAP"), Jared Coleman, who prepared and filed a criminal appeal, and prepared and planned to file a habeas petition with the Sixth District. (See complaint, 12-13.) Plaintiff reviewed the draft and suggested additional investigative work that Mr. Coleman was unable to do or did not have funds for. (See complaint, '1 14.) Plaintiff then floated the habeas petition draft to private attorneys for opin...

Excerpt: ...arefully read this provision, which applies to any dispute between you and Tesla, Inc. and its affiliates, (together "Tesla"). If you have a concern or dispute, please send a written notce describing it and your desired resolution to [email protected]. If not resolved within 50 days, you agree that any dispute arising out of or relating to any aspect of the relationship between you and Tesla will not be decided by a judge or jury but instead ...

Excerpt: ...ended complaint ("SAC"), the District is the largest multi-purpose water supply, watershed stewardship, and flood management special district in California. (SAC at '1 10.) The District owns and operates the Rinconada Water Treatment Plant ("RWTP") which takes in raw water from various sources and processes it to produce potable water (i.e., drinking water). (ld. at '1 11.) Like every drinking water plant, the RWTP employs a Residuals Management ...

Excerpt: ...air share for the home while he lived there, that Defendants have limited resources, and that Plaintiff delayed settlement of the action, while Defendants prevented the property from being foreclosed on. Plaintiff argues that this Court should not consider Defendants' opposition as it was filed late. This Court will consider the opposition, as it is favored policy to consider cases on their merits and Plaintiff was not prejudiced by the late fili...

Excerpt: ...a 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, '19.) Plaintiff relied on the following information provided by Defendant Gibbs, at the request of Defend...

Excerpt: ... any response to Sl Nos. 11, 13, 21-23, and 26-29 and submitted objections to the remaining interrogatories that are the subject of the instant motion to compel. Regarding the RPDs, SJHP argues Plaintiff asserted boilerplate objections and Plaintiff did not respond to the S#cific RPDs or failed to offer any supplemental response. On October 23, 2023, SJHP filed a motion to compel further responses to supplemental interrogatories and a motion to c...

Excerpt: ...1) the remand from the appellate court is limited to the issue of Kathy Pesic's damages; (2) the motion is not timely and is in bad faith; and (3) the cross-complaint falls to state a valid cause of acton. Factual and Procedural Background This action arises out of the alleged use of decedent Ivan Pesic's ("Pesic") genetic material by Joyce Chin ("Chin") to conceive two children through the fertility procedures performed by the Zouves Defendants....

Excerpt: ...ne 19, 2017, in the City of San Jose, defendant Owens negligently operated, maintained, and controlled her vehicle which collided with Insured's vehicle causing property damage. (ld. at "1 11-13.) Owens drove her vehicle with the permission, consent, and knowledge of defendant Wilcox. (ld. at 11.) As a result of Defendants' negligence and after receiving proof of loss, plaintiff Sentry under its policy, paid to or on behalf of its Insured, along ...

Excerpt: ...he Employee Plaintiffs were employed by Kiewit Infrastructure West Corporation ("Kiewit Corporation") as Journeyman Pipe Fitters, working at San Jose-Santa Clara Regional Wastewater Facility ("Wastewater Facility"). (Compl., 19.) The Wastewater Facility is owned by the City Defendants. (Compl., 18.) On or around June 14, 2022, Employee Plaintiffs' employer was contracted by Defendants to replace and update equipment at the Wastewater Facility. (C...

Excerpt: ...l., '1 1.) Plaintiffs Perla and Mohan are also a married couple. (ld. at 2.)1 B. Defendants Defendant Tashjian is an individual and a principal and/or controlling member of defendant Homestead, a limited liability company. (Compl., 5, 6.) Whitman is an individual and a manager or member of Homestead. (ld. at 7.) Homestead, Tashjian, and Whitman are considered the "Sellers." (Ibid.) Defendant Baronian is a California real estate agent employed by ...

Excerpt: ...co Mortgage Management, LLC, dba Sprout Mortgage ("Recovco") to purchase property located at Fennel Court in Morgan Hill (the "Property). (Complaint, 1, 16-17.) To secure the loan, he executed a deed of trust ("Deed of Trust") by which he conveyed the Property to Stewart Title of California Inc. ("Stewart Title") as trustee to hold for the benefit of Recovco's designee, Mortgage Electronic Recording Systems, Inc. ("MERS"). (ld. at '1 1, Exs. A, B...

Excerpt: ..."an interest relating to the property or transacton that is the subject of the action," (2) that the "disposition of the action may impair or impede [the non-party's] ability to protect that interest," and (3) the interest is not "adequately represented by one or more of the existing parties." (S 387 subd. "These criteria are virtually identical to those for compulsory joinder of an indispensable party." (Carlsbad Police Officers Association v. C...

Excerpt: ...nd David disagree about whether there is an outstanding loan on the family home. Elizabeth filed this lawsuit against various company defendants and David for declaratory and injunctive relief as to whether the loan on the family home is legitimate and should be enforced. She did not sue Bend. One defendant, Altva Capital Management Limited, filed a counterclaim against David and Bend to enforce the loan on the family home. Elizabeth, as a Member...

Excerpt: ...ders who was misled into lending money to Greymont, McClenahan, and Flores through several fraudulent real property development schemes. (FAC, p. 2:9-11.) Defendants convinced Plaintiff to abandon her secured deeds of trust on one development project, on the promise of being secured by another development project. (ld. at p. 2:11-13.) The second development project was already significantly overencumbered and resulted in Plaintiff losing the enti...

Excerpt: ...Policy"). (FAC, '1 10.) In August 2019, Carpenter began the process of obtaining for Plaintiff, through Lincoln Financial Group ("Lincoln"), two additional life insurance policies for $7,500,000 each (the "Lincoln Policies"). (ld. at 11.) Carpenter told Plaintiff he would do a "1035 exchange" from the John Hancock Policy to the Lincoln Polices for an estimated total of $162,000. (ld. at '1 12.) The FAC further alleges Carpenter allowed the John H...

Excerpt: ...de, S 12900, et seq.) ("FEHA") against employee John Doe ("Doe"). Doe is a Dalit Indian, a caste at the bottom of the Indian hierarchy into which he was born. (Compl., 1.) Doe was recruited and hired at Cisco by 'yer in or around September 2015. (30.) At Cisco, Doe worked with a team of entirely Indian employees who all grew up in India and immigrated to the United States as adults. (Compl., 3.) Except for Doe, his entire team was from the high c...

Excerpt: ...ome located at 70 West Fifth Street in Morgan Hill, California. (See Complaint at GN-I.) On January 10, 2017, while this was in effect, a tree owned by defendant Chan, fell and landed on the house causing damage to the Insured's home. (ld. at GN-I, Prem. L-1.) Thereafter, Allstate, pursuant to the terms and conditions of the policy, paid certain claim payments for the aforementioned loss to the Insured's home. (Ibid.) Allstate alleges defendant C...

Excerpt: ...ardi Constructon Company ("Lusardi"), and Simmons Glass and Window, Inc. ("Simmons"). (ld. at 1, 11-14.) Plaintiff alleges the shower door in her hotel nnm shattered and onto her, causing severe bodily injuries and other damages. (ld. at '11.) According to Plaintiff, defendants are responsible for her injuries, including by failing to comply with safety standards and exercise ordinary care with respect to the shower door that caused her injuries....

Excerpt: ...ery responses from Plaintiff. Plaintiff opposes the motion. Discovery Motons Meet and Confer Efforts A moton to compel further discovery responses must be accompanied by a meet and confer declaration pursuant to Code of Civil Prmædure section 2016.040. Civ. Prtw, S 2033.290, subd. (b) [requests for admission]; Ctxle Civ. Proc., S 2030.300, (b)(l) [interrogatories].) Section 2016.040 requires a moving party to make a "reasonable and good faith at...

Excerpt: ...Jose known as "Downtown West." (See FAC, "11-2, 42-47.) Defendants Peter Gill Case2 , Matthew Owen Case3 , Warren Titus Weber, Ots Klingbeil, Laurance Rockefeller4 , Barbara Byron, Barbara Robin Tomasi, Theodore David Tomasi, Anne Marie Tomasi, Louisa Robins Hendrix, Leslie Kipp Hendrix, James Davis Robins, David Fuller Learnard, Fric Jan Spruyt, Alan 8. Spruyt, Emily Lee5 , Ava Learnard, Otto Learnard, Louise R. 03rd, Peter Adams6 , Christopher ...

Excerpt: ...ties share one child together, born in 2017. (Ibid.) During their relationship, the parties acquired multiple properties together, including their shared home in San Jose ("the Property"). (See FAC, 8-12.) The parties agreed that for each of the properties, Plaintiff would contribute the down payment, to be paid back upon sale of the properties. (ld. at 13.) Some of these properties have been sold, but Plaintiff was not paid his down payment. (ld...

Excerpt: ...rray ("Murray"), Ronald Wayne Murphy, and Kenneth Steven Carpenter (collectively, "Individual Perpetrator Defendants") for allegations of childhood sexual abuse. In 1974, Individual Perpetrator Defendants were indicted for operating a child sex and photography ring involving hundreds of young boys. (TAC, '1 2.) The four men were indicted, convicted, and sent to prison, charged with numerous crimes involving children. (Ibid.) In or around 1972-197...

Excerpt: ...022. Plaintiff filed the operative pleading, the first amended complaint ("FAC") on May 15, 2023. The FAC alleges Plaintiff and the City of Milpitas signed a Residential Purchase Agreement and Joint Escrow Instructions ("2013 Contract") on October 18, 2013, formalizing the sale of the Condo to Plaintiff. (FAC, '1 12.) On January 15, 2018, Plaintiff opened escrowto record and close the 2013 Contract. (ld. at '1 11.) On March 1, 2018, City, Wong, a...

Excerpt: ...reement' (3) who drafted Plaintiff's Agreement; or (4) information regarding the drafting history of the Agreement. Motion, pp5-7. Defendant opposes the motion arguing that Defendant has no knowledge regarding the facts alleged in the complaint, such that it would be a waste of time and money to depose him. Defendant also claims that, regardless of whether Mr. Hartigan is an "apex CEO," it is entitled to a protective order to protect it from unwa...

Excerpt: ...earden ("Ms. Bearden") "loudly proclaimed" that Plaintiff had sex with Defendant, which embarrassed them both. (ld. at '1 6.) Plaintiff immediately stated that the claims were not true. (Ibid.) Defendant, a manager at Yoga Source, told Plaintiff she spoke with Ms. Bearden about the unprofessional behavior. (Ibid.) Defendant denied ever suggesting anything that would lead Ms. Bearden to "conclude any facts that would substantiate defamatory statem...

Excerpt: ... Gatos High School ("Los Gatos"). (FAC, '121.) On February 9, 2022, Los Gatos hosted a boys' varsity soccer game. (FAC, 22.) Rokini attend the extra-curricular activity. (Ibid.) Once the game ended, Rokini promptly attempted to leave the school facilities. (FAC, '1 23.) Near the school parking lot, Rokini and his friend were confronted by a group from behind the bleachers. (FAC, '1 24.) The group of students, comprised largely of male varsity ath...

Excerpt: ...tin object's to Plaintiff's undertaking. Justin also moves to join in Defendant's moton to quash and evidentiary objections. Request for Judicial Notice Defendant requests judicial notice of the Second Amended Complaint (A), the docket in this case (B), the proof of service for the Application for Renewal of Judgment (C), the Notice of Levy (D), the Memorandum of Garnishee (E), and the Plaintiff's Undertaking (F). The request is granted as to Exh...

Excerpt: ...laint, '1 7.) The operating agreement states that the parties are members and managers of FJP and owe a fiduciary duty to one another. (See complaint, 11'18-10.) On December 29, 2017, Pastore formed NP, LC of which Pastore was the sole member. (See complaint, 11-13.) On January 1, 2018, FJP, as landlord, entered into a commercial lease with NP as the tenant for a term of five years from January 1, 2018 to December 31, 2022. (See complaint, '1 14....

Excerpt: ...IE On May 30, 2023, Plaintiff filed four motions to compel further discovery responses from H. Sarji, R. Sarji, and Entity Defendant. Defendants opposed the motons. II. Preliminary Matters a. Motions to Compel Against Individual Defendants On October 11, 2023, Plaintiff withdrew its motions to compel further responses to requests for document production against individual defendants H. Sarji and R. Sarji. Accordingly, the Court will not address t...

Excerpt: ...is action arises out of the alleged use of decedent Ivan Pesies ("Pesic") genetic material by Joyce Chin ("Chin") to conceive two children through the fertility performed by the Zouves Defendants. In February 2011, Pesic and Chin signed the Informed Consent and Agreement for Longterm Cryopreservation and Storage of Semen (the "Agreement") with the Zouves Defendants governing the storage and use of Pesic's sperm. The Agreement provided an initial ...

Excerpt: ...good faith settlement determination pursuant to Code of Civil Procedure 5877.6. The City of Santa Clara ("City"), who was a codefendant but has been granted summary judgment, opposes the motion on the basis that the settlement relies on inadmissible evidence, ignores the applicable insurance policy limits, and is not in the ballpark for what the case is worth. EVIDENTIARY OBJECTIONS City objects to paragraphs 2-11, 26, and 31 of the declaration o...

Excerpt: ...(ld.) Plaintiff filed a claim with the Labor Commissioner on July 1, 2020; however, this claim was dismissed by the Labor Commissioner on June 30, 2021. (See complaint, 10.) Plaintiff filed a second claim with the Labor Commissioner on March 10, 2022, but this claim was closed after the Labor Commissioner declined jurisdiction on February 7, 2023. (ld.) On March 16, 2023, Plaintiff filed a complaint against Defendants, asserting causes of action ...

Excerpt: ...m the Kyles on August 1, 2016. The business was purchased in part with a personal loan guaranteed by the RSL's managing member, Howard Misle. Following the sale, Recycling Specialists, LLC remained in debt to the Kyles in the amount of approximately $1.3 million. In early 2016, J&Y became aware that the Kyles were selling Recycling Specialists, Inc. and it received a copy of the written purchase and sale agreement around July of 2016. (Decl. of D...

Excerpt: ...tay and for related sanctions, contending Compass waived the right to arbitration by falling to timely pay its share of the arbitration fee. (Plaintiff's memorandum of points and authorities, pp. 1, 4.) On September 7, 2023, Compass filed the second motion now the court, a motion to compel arbitration, contending it did not knowingly waive the right to arbitration because the attorney of record did not receive timely notce for the payment of the ...

Excerpt: ...seudonym from the complaint, arguing that Plaintiff failed to allege facts demonstrating that she was permitted the use of a pseudonym given the presumption that judicial prueedings in civil cases are to be open. After SSH filed the motion, counsel for Plaintiff emailed counsel for Defendants, indicating that he found an additional case supporting the use of a pseudonym and that he that Defendants knew the identity of Plaintiff because "[ilf the ...

Excerpt: ... was a passenger in an aircraft that crashed, killing her and the other passengers aboard. On February 25, 2019, plaintiff Richard Pierce, individually and as successor-in-interest to the Estate of Stacey Pierce, and Brandon Pierce ("Plaintiff") filed a complaint against multiple defendants. Around November 2020, Plaintiff learned that Larry Fistolera may be liable for the plane crash, as he had inspected and serviced the plane. Mr. Fistolera pas...

Excerpt: ...round August 19, 2022, Defendants terminated Plaintiff. (Ibid.) The parties had an oral agreement with Prada whereby Defendants agreed to pay Plaintiff $1,000 per month to cook dinner for Shifter and sleep at her home. (Complaint, 15.) Prada communicated with Plaintiff multiple times through phone and text to discuss Plaintiff's employment responsibilities and to later end Plaintiff's employment. (Complaint, "1 16, 18, 19, 21, 23- 25.) However, P...

Excerpt: ...s where Plaintiff was not a party relating to flat pricing or off label use. Plaintiff lists numerous other short falls in the discovery on pages 6-7 of its motion, as well as prov-des evidence of Defendant's failure to look for relevant documents and information in fts reply. Plaintiff now seeks the discovery as well as monetary and issue sanctions for Defendant's willful behavior. Misuse of the discovery process includes "[dlisobeying a court o...

Excerpt: ...ting multiple demurrers to the complaint and first amended complaint, opposing plaintiff's motion for injunctive relief and motion for leave to amend, attending and preparing for the motions and other court appearances, responding to discovery, opposing Plaintiff's post-judgment motion for new trial, moton to tax costs and motion to stay enforcement of the judgment, work related to Plaintiffs appeal, and other litigation expenses. JUDICIAL NOTICE...

Excerpt: ...es, pursuant to Code of Civil Procedure (CCP) S 425.16(c)(1) and 685.040, because the Discovery Order was reasonable and necessary to enforce Midland's ant-SLAPP fee award. Rather, the dispute over is the amount of reasonable attorney fees. JUDICIAL NOTICE Plaintiff requests for judicial notice of 1, 2 and 3 are denied as not relevant to the motion. See Gbur v. Cohen (1979) 93 Cal.App.3d 296, 301 (stating that "judicial notice.. .is always confin...

Excerpt: ...fendant Santa Clara Valley Water District ("Defendant" or "District"). (See SAC, 26.) On November 7, 2013, Plaintiff suffered a low back/chest injury while supporting a work crew with fall protection measures, was treated for the injury through District's occupational medical provder, and was returned to work. (See SAC, 27.) However, Plaintiff continued to suffer an inability and pain in standing upright and in driving, and on November 12, 2013, ...

Excerpt: ... was "inadvertent" and can be deleted from the Fourth Amended Complaint (Reply, pp2-3); (2) S 558.1 is a remedy that applies automatically when an employer violates S 203, such that it need not be pled as a stand alone action (Reply, p3); and (3) Defendants have been aware all along, and, at the least since January 2023, that Plaintiff is claiming that Defendant Bilugu is personally liable. "The trial court has discretion to allow amendments to t...

Excerpt: ... August 26, 2021, Plaintiff injured his wrist while pulling down heavy boxes. (ld. at 25.) Thereafter, he notified his employers of his disability and/or medical condition and ultimately could no longer continue working as he was forced to leave his shift. (ld. at 26-27.) Plaintiff was terminated from his employment on August 26, 2021. (ld. at '1 28.) Plaintiff was employed by two business entities, each named as a defendant, and collectively ref...

Excerpt: ...ince it was Mr. Zubillaga, not Plaintiff, who had the attorney-client relationship with H&C; (2) the other matters in which H&C represented Plaintiff are not substantially similar to the current matter and the counsel inwlved in the other matters have no confidential information regarding Plaintiff; (3) H&C has erected an effective and timely ethical wall; and (4) Plaintiff waived its ability to move to disqualify H&C due to its extreme delay in ...

Excerpt: ...dministrator of GSH and a care custodian of Plaintiff. (SAC, 23.) On July 1, 2019, Plaintiff was discharged to White Blossom Care Center with complaints of stomach pain and a distended stomach; thereafter, Plaintiff's colon ruptured and he was throwing up black vomit. (SAC, 37.) On July 2, 2019, Plaintiff was returned to GSH, and required further operations, as well as placement on a colostomy bag and another bag to drain blood. (SAC, 38, 45.) Pl...

Excerpt: ... their agent, supervising employees, and running daily operations. (FAC, 15.) Prieto was later appointed the CEO of TLCO 18, LLC. (Ibid.) Prieto was at all times a registered sex offender. (Ibid.) Defendants also hired Elias Rodriguez ("Rodriguez") who acted as the assistant manager of The Hut. (ld. at '1 24.) Rodriguez had been previously fired from another bar/restaurant for complaints of sexual harassment and was known to sexually harass his f...

Excerpt: ...most of the fact witnesses and medical professionals are located in Texas; and (3) there is no private or public policy interest in having the case heard in California, this case should be brought in Texas. Plaintiffs oppose the motion. Legal Standard "In determining whether to grant a motion based on forum non conveniens, a court must first determine whether the alternate forum is a 'suitable' place for trial. If it is, the next step is to consi...

Excerpt: .... The Court found Jane Sun to be the alter ego of Cherry Blossom. In the opening paragraph of the judgment, it defines "Jane Sun" as "JANE VEI-CHUN SUN, individually and as Co-Trustee of the Jarvis Holding Trust dated 5/15/2004 and as Co-Trustee of the Nixon Lucille Holding Trust dated 6/15/2004." On April 6, 2023, ASNM served post-judgment interrogatories, and post-judgment inspection demands on Jane Sun, and on May 9, 2023, Jane Sun served resp...

Excerpt: ...hn Shey-Tsuane Sun; and Christopher Shey-Tau Sun (collectively, "Defendants"). Plaintiffs brought the following seven causes of action against all Defendants: 1) Specific Performance; 2) Breach of the Implied Covenant of Good Faith and Fair Dealing; 3) Breach of the Lease Agreement; 4) Breach of Covenant of Quiet Enjoyment; 5) Intentional Interference with Prospective Economic Advantage; 6) Intentional Interference with Contract; and 7) Declarato...

Excerpt: ...tiff presented the subject vehicle to GVVs authorized repair facility for concerns regarding the vehicle's transmission, infotainment and other various concerns, and the repair facility performed warranty repairs. (See FAC, '1 24.) On November 24, 2021, Plaintiff presented the subject vehicle to GM's authorized repair facility for concerns regarding the vehicle's transmission, electrical system and other various concerns, and the repair facility ...

Excerpt: ...en opposition. As discussed below, the Court DENIES the motions. l. BACKGROUND As set forth in the operative Complaint, Plaintiff is wholly owned by Pramod Anand ("Anand"). (Complaint, '1 1.) Defendants Cooper, Holmes, and Nijmeh are each equity owners and managers of defendant SVFFC. (ld., 2-5.) On May 23, 2018, Cooper and Holmes contacted Anand with an investment opportunity. (ld., 12.) They promised a 25% return on a six-month investment of $5...

Excerpt: ...c access to the record" and "[al substantial probability exists that the overriding interest will be prejudiced if the record is not sealed." CRC 2.550(d); see Overstock.com, Inc. v. Goldman Sachs Group, Inc. (2014) 231 Cal. App. 4th 471, 487 (Court must make express findings of the 2.550(d) factors and identify the facts supporting its issuance of sealing order). Under CRC 2.551(a), a court cannot permit the sealing of a record based solely on t...

Excerpt: ... asks the court to bifurcate the punitive damages claim. There is no discretion regarding punitive damages. It is mandatory for the punitive damages claim to be bifurcated under CCP S 3295(d). Plaintiff does not object. Therefore, this aspect of Defendant's motion is GRANTED. The Court has the authority and discretion to bifurcate the equitable claims and hear those claims separately from and prior to the legal claims tried to a jury. CCP S 598 s...

Excerpt: ... extinguish the debt. Request for Judicial Notice Plaintiff's request for judicial notce is denied as the facts are not necessary to the decision of the Court. Facts In 2001, Plaintiff Roger Nelson ("Plaintiff") purchased real property located at 1201 Ayer Dr. in Gilroy, California ("Property"). (See First Amended Complaint ["FAC"] at 1, 13.) Plaintiff purchased the Property for by obtaining loans from First Franklin in the amounts of $339,950 ("...

Excerpt: ...ous condition on Defendant's premises. (ld.) On October 13, 2022, Plaintiff filed a form complaint against defendants City and County of Santa Clara ("County"), asserting causes of action for: premises liability negligence; premises liability—dangerous condition of public property; and negligence. On April 7, 2023, Plaintiff filed a request for dismissal as to County. Remaining defendant City demurs to the causes of achon for premises liability...

Excerpt: ...ated through the evening and the morning of June 3, 2018, causing damage to the premises of which Plaintiff was the tenant. On May 31, 2019, Plaintiff filed a complaint against Defendant for property damages and business interruption. On April 7, 2023, Defendant served Plaintiff's counsel with two separate subpoenas for production of business records and accompanying notices to consumers or employees related to the bank subpoenas served on Citiba...

Excerpt: ...7, 2022, Plaintiff's counsel prepared and filed the summons and complaint in the Orange County Superior Court of California. On October 7, 2022, Plaintiff filed a first amended complaint and a motion for change of venue. On November 14, 2022, the motion for change of venue was granted. On January 25, 2023, Plaintiff filed the FAC with the new case number against defendant Costco Wholesale Corporation ("Costco"), asserting causes of action for neg...

Excerpt: ...tive damages because Defendant knew there were live wires buried at the site where Plaintiff was excavating, was unaware of how deeply buried the wires were, learned that there were other unexpected items buried at the site, including a set of communication pipes and a copper pipe, and yet encouraged Plaintiff to keep digging, without regard for his safety. Defendant opposes the motion claiming (1) Plaintiff's delay in bringing this motion and th...

Excerpt: ...Complaint ("FAXC"), in or around June 2022, Cross-complainants discussed the possibility of obtaining a loan in a cash amount between to $475,0W with Cross-defendant. (FAXC, '1 8.) On or around July 13, 2022, Cross-complainants and Cross-defendant executed an Agreement to Procure üJan ("the Agreement"), wherein Cross-defendant agreed to obtain a cash out loan in an amount of $4COOW to on of Cross-complainants and secured by two of their properti...

Excerpt: ...s CFO position and Wilco CEO, Mr. Ramasamy, emailed Plaintiff with compensation for the position: a base annual salary of $240,000, an annual performance bonus of up to 10% of his salary amount, and a 5% equity stake in Wilco. (See SAC, 15-16.) The salary and bonus terms of compensation were memorialized in an offer letter dated October 18, 2021, however, Ramasamvs October 17, 2021 email stated that "the equity related details will not be present...

Excerpt: ...r Beatty Action"). During the progress of that case, Defendant and Balfour entered into a non-disclosure agreement ("NDA"). Defendant asserts it cannot respond to plaintiff Technical Systems, Inc.'s ("Plaintiff") document production request because it is bound by the nondisclosure agreement with Balfour. Balfour subcontracted Defendant for over $37 million to work on a public works improvement project. Defendant then subcontracted a portion of th...

Excerpt: ...assigned her to obtain travel documentation related to Lee's brother and his mistress. (Ibid.) Following their meeting, Lee "lured YANG to the united States with the promise of lucrative opportunities at Stanford and in the Silicon Valley investment world." (FAC at '14.) Lee holds himself out as the senior advisor of the former CEO of Stanford Health and as an investor working at Stanford university. (ld. at 3, 7.) Throughout their relationship, ...

Excerpt: ...e roadway causing severe and permanent injuries. (ld.) The pathway was owned, maintained, controlled, transferred, designed, built, patrolled, funded and/or operated by defendant City of Palo Alto ("City"). (See SAC, 2.) The accident was allegedly caused by City as it negligently designed, warned, failed to warn, constructed, created, maintained, repaired, owned, operated, controlled, signed and regulated the subject location, thereby creating a ...

Excerpt: ...Trucking could bring. Plaintiffs request the court take judicial notice of the original complaint and the FAC. As they are court records, the request is GRANTED. Defendants request that the court take judicial notce of facts within court filed documents. This request is DENIED. The fact of the filings can be judicially noticed, but the court will not take judicial notice of the truth of the information in the records or of the interpretation of t...

Excerpt: ...d for employment with Defendant for a job assignment with Tesla. (FAC, 29.) He was offered the position and accepted. (Ibid.) Plaintiff then signed a digital consent disclosure authorizing Defendant to obtain an investigative consumer report ("ICR"). (ld. at '1 30.) The FAC alleges the disclosure was non-compliant 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, Defe...

Excerpt: ...ty at 7177 Pitlochry Drive in Gilroy in 2004 with a loan through Greenpoint Mortgage Funding. (See complaint, 9- 10.) Defendant Nationstar Mortgage LLC ("Nationstar") is the servicer of the loan and defendant NBS Default Services LLC ("NBS") is the trustee. (See complaint, 10.) In 2015, Plaintiffs' mortgage payment increased and they fell into financial hardship. (See complaint, '1 11.) Plaintiffs requested mortgage assistance and were assigned T...

Excerpt: ...of themselves as individual shareholders and derivatively on behalf of all shareholders of VCI. (ld. at 45.) This action is brought against defendant Jenay A. Hoffman ("Jenay" or "Defendant"),l the personal representative of the Estate of James C. Hoffman ("Hoffman Estate") and the sole present Trustee of the Hoffman Trust. (FAC, 12.) VCI, a closed California corporation, is named as a nominal defendant. (ld. at '1 13.) b. General Allegations VCI...

Excerpt: ...lareh Homayounfar ("Wife") were married on August 21, 2016 in Washington D.C. (See complaint, 21.) In September 2017, they had their first child ("Child 1") and in the summer of 2018, Wife, Child 1 and Wife's mother, defendant Homa Homayounfar ("Homa") moved from Brooklyn, New York to a residence in Santa Clara that Husband was renting. (See complaint, 23-27.) In May 2021, Wife and Husband had a second child ("Child 2"). (See complaint, '1 41.) A...

Excerpt: ...ER THIS CONTRACT, IN ANY CLAIM ARISING OUT OF THIS CONTRACT OR ITS BREACH, SHALL BE SUBMITTED TO BINDING ARBITRATION UPON THE WRITTEN REQUEST OF ONE PARTY AFTER THE SERVICE OF THAT REQUEST ON THE OTHER PARTY. THE PARTIES SHALL APPOINT A RETIRED SUPERIOR COURT JUDGE LOCATED IN SANTA CLARA COUNTY TO HEREIN DETERMINE THE DISPUTE. IF THE PARTIES CANNOT AGREE, THEN THE PRESIDING JUDGE OF THE SUPERIOR COURT OF SANTA CLARA COUNTY SHALL CHOOSE A RETIRED ...

Excerpt: ...r deposition should wait until Defendant's health has recovered. Accordingly, Defendant asks that the motion be denied, that sanctions be denied, and that Defendant be allowed "ample opportunity" to address the Second Amended Complaint (SAC). First, the Second Amended Complaint does appear on the public portal and was filed June 26, 2020. Defendant answered the SAC on July 28, 2020. Defendant does not need to time to address the SAC as she alread...

Excerpt: ...4.) SSH makes several additional representations on its website, including: that residential clients will live on-site and will be supervised 24 hours a day, 7 days a week; clients will be paired with a certified counselor; and that in addition to an individualized treatment plan, counselors and clients will work together to identify a discharge plan that supports long term recovery. (ld. at "15-17.) Many of SSH's potential clients and clients, i...

Excerpt: ... damages and $193,315.36 in prejudgment interest against Sun. Judgment creditors are lessees and Cherry Blossom is the lessor of property at 2828 Monterey Road in San Jose in which Cherry Blossom is to receive month in "base rent" through July 31, 2025 and with an option through July 31, 2030. Additionally, section 4.1 of the lease defines "rent" as "[a]ll monetary obligations of Lessee under the terms of this Lease (except for the Security Depos...

Excerpt: ... motion for summary judgment. I. Factual and Procedural Background According to allegations of the Complaint, Plaintiff began working as an office manager for Defendants in August 2015. (Complaint at p. 1:25.) Plaintiff performed administrative tasks and other duties, including editing vocational evaluation reports. (ld. at p. 2:4-5.) Simon and others provided Plaintiff with letters of recommendation supporting her endeawrs to enter the industry ...

Excerpt: ...Street Offices, LLC ("40MSO") (collectively, "the Sorensens" or "Defendants"). According to the complaint, in 2007, the Sorensens raised $2,840,000 to purchase commercial property for redevelopment located at 40 Main Street in Los Altos, California, upon which a one-story office building stood. (Complaint at 9.) At the time, Packard was serving on the Los Altos City Council. (Ibid.) The Sorensens prepared and used an investment prospectus that ma...

Excerpt: ...6, from the dealer (who has been dismissed and is no longer a party to this lawsuit). Plaintiff's complaint alleges the vehicle is defective and allege four causes of action under the Song-Beverly Consumer Warranty Act against Nissan, the manufacturer of the car, as well as fraudulent inducement. The sales contract for the car includes an arbitration agreement between the Plaintiff and the dealer, the only signatories to the agreement. The arbitr...

Excerpt: ... 7.) Anthony was formerly an offcer of TJGA, LCC, a construction company doing business as AR Construction ("ARC"). (ld. at '1 8.) ARC transferred its assets to 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: ..."subject property"). (See complaint, 7.) County's investigation revealed an unpermitted residence and accessory structure, two unpermitted greenhouses, a large outdoor cannabis cultivation operation, excessive outdoor storage of debris, unpermitted plumbing and electrical work, unpermitted installation of a roof mount photovoltaic system, extensive unpermitted grading, and storage and habitation of a trailer or recreational vehicle. (ld.) On Augu...

Excerpt: ... Spiegel's religious practice of honoring the Sabbath to a room full of nurses and thereafter reported the incident to SHC's human resources department. (See complaint, 7-8.) After an investigation ensued, Dr. Martin then mistreated Plaintiff, retaliating against Plaintiff for having complained about her conduct. (See complaint, 8-9.) Plaintiff sought the advice of her supervisor, Debra Bergman, Dr. Steve Coutre, the Medical Director of Hematolog...

Excerpt: ...nt on the pleadings; and (3) DENIES the motion for sanctions. l. BACKGROUND The factual and procedural background to the action are detailed in the Court's Order filed on November 28, 2022 regarding the special motion to strike the Complaint, and are not repeated in full here. In summary, the Complaint alleges plaintiff Emily Marshall ("Plaintiff") and her husband George lost their home via foreclosure. (Complaint at '125.) The sale of the home a...

Excerpt: ...cuments by Dr. Oshotory served by Plaintiff, claiming it is premature under CCP S 2034.210 et seq. Plaintiff claims that under CCP SS 2032.610 he is entitled to get the medical report from the examining doctor and may also depose him. Plaintiff contends that the case Kennedy v. Superior Court (1998) 64 Cal.App.4th 674, 576 makes clear that an examining physician can be deposed regardless of the expert witness timing rules. Defendant counters that...

Excerpt: ...ed as Exhibit A to the Second Declaration of Guadalupe, claiming that Creditor should have included it in her moving papers. The Court will consider it. The Order directly contradicts evidence submitted by Defendants in their opposition, in which they state that no counsel appeared on behalf of Care Intranet. As such, it was properly submitted as rebuttal evidence in reply. The Court finds it unnecessary to rule on Defendants' other evidentiary o...

Excerpt: ...at '1 16.) After the acquisition, Plaintiff was managed by Head of Recruiting, Brian Robinson ("Mr. Robinson"). (Ibid.) While employed by Defendant, "Plaintiff had, and/or was perceived by Employer as having and/or likely to have disabilities in the future. These disabilities included . . . depression, anxiety, attention deficit hyperactivity disorder .. ., post-traumatic stress disorder .. ., Delayed Sleep Phase Syndrome, and related physical sy...

Excerpt: ...Defendant Qi has failed to prov-de any response to these requests. Defendant contends that he need not provide such documents because "(1) there are bank statements in general EventBrite, Venmo, PayPal, etc. and (2) there are no bank statements reflecting the deposit of funds collected on behalf of Plaintiff individually," as the money was collected on behalf of "the corporation." He also contends that because the amount collected is not in contr...

Excerpt: ...) is a nonprofit California corporation, owned, controlled, directed, and operated by Doe 1, which included the church ("San Jose Congregation") that Plaintiff attended and the property where the unlawful acts of childhood sexual assault occurred. (ld. at '1 11.) Doe 1 was responsible for finalizing the appointments of Elders and Ministerial Servants, including Doe 3, from its headquarters in New York. (Complaint, '17.) The managing agents direct...

Excerpt: ...respond to the discovery requests or whether Plaintiff would need to obtain a Court order compelling response. On March 31, 2022, Mr. Klein emailed Plaintiff's counsel and stated he was encountering enormous difficulty in securing his clients' cooperation in responding to this written discovery. On May 3, 2022, a substitution of attorney for Defendant was filed which substituted Defendant as a self-represented party in place of Mr. Klein. Plainti...

Excerpt: ...nd Parkmoor Avenue in San Jose, California ("Subject Location"). (ld. at '1 7.) At the same time, defendant David Allen was operating a light rail vehicle in the generally northbound direction towards the Subject (Ibid.) The light rail vehicle ran into Decedent, and she was killed. (ld. at 7.) Plaintiff alleges the train operator (Allen) and the VTA (collectively, "Defendants"), "failed to sound a horn or other device at or near the crossing, to ...

Excerpt: ...rt "to honor the arbitration clause in the Client Manual." (Opp. at p. 3:7.) After Citibank failed to pay the administrative fee required by AAA and by statute (Code Civ. Proc., S 1281.97), AAA closed out the case, and Lee filed the present action in this court. Lee now contends that Citibank waived its right to compel arbitration, and the court agrees. Accordingly, the court denies the motion. Although a waiver of arbitration is generally not li...

Excerpt: ...ble because Defendants did not initial the arbitration clause, as they claim is required under Business and Professions Code S 7191. That section requires a line or space "for the parties to indicate their assent or nonassent to the arbitration provision" and it also requires a notice provision advising of the rights waived by agreeing to arbitrate. CA Cade S 7191(b). There is no dispute that the contract at issue complied with the general requir...

Excerpt: ...intiff"), and defendant Mosaic Dance and Fitness, LLC ("Mosaic") entered into a written lease agreement (the "Lease Agreement"). (FAC at '1 7.) Under the Lease Agreement, defendant Mosaic agreed to lease certain premises located at 3595 Stevens Creek Blvd. in Santa Clara, California ("Premises"), for a term of approximately two (2) years and two (2) months, beginning on or about November 1, 2019, and ending on or about December 31, 2021. (Ibid.) ...

Excerpt: ...by Lawrence Moroso. The incident occurred on The Old Road in Newhall, California. Lawrence died as a result of the injuries. Plaintiffs allege Jacob Sanchez was operating the vehicle on behalf of employer, defendant Newegg. On August 5, 2021, Plaintiffs filed a complaint for Negligence, Negligent Hiring, Negligent Entrustment, Negligent Supervision, and Survival Action. On September 9, 2021, Distinct Cars answered the complaint. On September 17, ...

Excerpt: ...mended complaint (“FAC”). TENTATIVE RULING: The motion is denied. ANALYSIS The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. (Code Civ. Proc., § 436, subd. (a).) The court may also strike all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. (I...

Excerpt: ...fiduciary duty, fraudulent inducement, intentional misrepresentation, breach of contract, and negligent misrepresentation. The cross-complaint arises out of the same business relationship that forms the basis of the complaint. 2. 2/14/23 Motion to Reopen Discovery On 2/14/23, the Court heard Plaintiffs' motion to reopen discovery. As it relates to today's motion, the Court ruled: Plaintiffs propounded a deposition subpoena for production of busin...

Excerpt: ...fiduciary duty, fraudulent inducement, intentional misrepresentation, breach of contract, and negligent misrepresentation. The cross-complaint arises out of the same business relationship that forms the basis of the complaint. 2. 2/14/23 Motion to Reopen Discovery On 2/14/23, the Court heard Plaintiffs' motion to reopen discovery. As it relates to today's motion, the Court ruled: Plaintiffs propounded a deposition subpoena for production of busin...

Excerpt: ...fiduciary duty, fraudulent inducement, intentional misrepresentation, breach of contract, and negligent misrepresentation. The cross-complaint arises out of the same business relationship that forms the basis of the complaint. 2. 2/14/23 Motion to Reopen Discovery On 2/14/23, the Court heard Plaintiffs' motion to reopen discovery. As it relates to today's motion, the Court ruled: Plaintiffs propounded a deposition subpoena for production of busin...

Excerpt: ...ubsequently purchased a defective 2016 Chevrolet Traverse ("Subject Vehicle") that was manufactured and warranted by Defendant. (Complaint ("Compl."), 11- 12, 15.) The Subject Vehicle had nonconformities including, but not limited to, transmission and engine issues which substantially impaired the use, value, and/or safety of the Subject Vehicle. (ld. at "1 15-17.) On January 28, 2022, Plaintiffs filed the operative Complaint, asserting the follo...

Excerpt: ...r PAGA for personally sustained violations and violations against other aggrieved employees. Except for specifically enumerated exceptions, the court must order the petitioner and respondent to arbitrate a controversy if the court finds that a written agreement to arbitrate the controversy exists. (See CCP §1281.2.) “In California, [g]eneral principles of contract law determine whether the parties have entered a binding agreement to arbitrate....

Excerpt: ...r PAGA for personally sustained violations and violations against other aggrieved employees. Except for specifically enumerated exceptions, the court must order the petitioner and respondent to arbitrate a controversy if the court finds that a written agreement to arbitrate the controversy exists. (See CCP §1281.2.) “In California, [g]eneral principles of contract law determine whether the parties have entered a binding agreement to arbitrate....

Excerpt: ...ase arises from a dispute between an insurer and its insured. Plaintiffs Carney Shegarian and Shekar Family Trust I (the “Trust”) formed Plaintiff 32453 PCH, LLC (the “LLC”) to buy and own property located at 32453 Pacific Coast Highway in Malibu (the “Property”). (Undisputed Material Facts (“UMF”) No. 1.) The LLC purchased the Property for $7,775,000. (UMF No. 56.) To insure the Property, Shegerian's broker (Greg Saffer) worked w...

Excerpt: ...ase arises from a dispute between an insurer and its insured. Plaintiffs Carney Shegarian and Shekar Family Trust I (the “Trust”) formed Plaintiff 32453 PCH, LLC (the “LLC”) to buy and own property located at 32453 Pacific Coast Highway in Malibu (the “Property”). (Undisputed Material Facts (“UMF”) No. 1.) The LLC purchased the Property for $7,775,000. (UMF No. 56.) To insure the Property, Shegerian's broker (Greg Saffer) worked w...