Excerpt: ...ic teacher, Israel Santiago (“Santiago”). (Id.) Before Santiago assumed his teaching position at Adelante, he was employed at a di
¯erent school within the district but left that school amid allegations of sexual misconduct with students, but was nonetheless transferred into and became fully employed as a band and music teacher at Adelante. (See complaint, ¶ 5, 9.) Defendants knew or had reason to know of Santiago's unlawful sexual conduct ...

Excerpt: ...ollectively, “Sheet Metal Plainti
¯s”), Rick Werner, and Sean O'Donoghue (collectively, “Trustee Plainti
¯s”),1 bring this action pursuant to Labor Code sections 218.7, subdivision (b)(2) and 218.8, subdivision (b)(2) against defendants KB Home, KB Home South Bay Inc., and Lefco, Inc. (collectively, “Defendants.”) I. Background A. Factual Sheet Metal Plainti
¯s are employee beneÞt plans and multi-employer plans as deÞned in the E...

Excerpt: ...endants in this action, was one of the three owners of the commercial building located at 201225 Hamilton Avenue, Palo Alto, CA (the “Property”). On February 28, 2014, Carol Mullen, along with the other two landlords, Don B. Mullen and Scher Holdings, LLC, leased the Property's Þrst ßoor and basement (the “Premises”) to IFTF. (IFTF's Responses and Objections to Defendant's Separate Statement of Undisputed Facts (“IFTF SS” No. 3.) Th...

Excerpt: ... into a fee agreement that included an arbitration provision. (See Petition, ¶ 5, exh. A.) During RHRC's representation of Shah, a dispute arose between RHRC and Shah regarding Shah's failure to pay fees owed under the fee agreement, and as a result, RHRC withdrew as Shah's counsel on June 17, 2020. (See Petition, ¶ 6.) On August 4, 2020, RHRC served Shah with a notice of client's right to arbitration. (See Petition, ¶ 7.) On February 18, 2022...

Excerpt: ...awyer is likely to be a witness unless: (1) the lawyer's testimony relates to an uncontested issue or matter; (2) the lawyer's testimony relates to the nature and value of legal services rendered in the case; or (3) the lawyer has obtained informed written consent* from the client. . . (b) A lawyer may act as advocate in a trial in which another lawyer in the lawyer's Þrm* is likely to be called as a witness unless precluded from doing so by rul...

Excerpt: ...ent of the judgment or order, but the trial court may proceed upon any other matter embraced in the action and not a
¯ected by the judgment or order.” The question is therefore whether the order denying the Tenney defendants' motion to compel arbitration embraces or a
¯ects the instant motion for good faith settlement between Plainti
¯s and the Avalon defendants. Defendant Riddle claims that the Tenney Defendants' appeal of the order denying...

Excerpt: ...ountain View LLC (“Palmetto”), Oto Development, LLC (“Oto”), Lusardi Construction Company (“Lusardi”), Simmons Glass and Window, Inc. (“Simmons”) and Hyatt Corporation (“Hyatt”). (Id. at ¶¶ 1, 11-14.) Plainti
¯ alleges that on August 7, 2020, while using the shower in her hotel room, the shower door exploded onto her, causing severe bodily injuries and other damages. (4AC, ¶ 1.) According to Plainti
¯, the named defendant...

Excerpt: ...a foreclosure on February 3, 2021. (FAC, ¶¶ 27-28.) Clear Recon is a corporation that served as the trustee in the foreclosure sale. (FAC, ¶¶ 20, 28.) Aldridge Pite, LLP, is a law Þrm that represented Clear Recon in its handling of the foreclosure sale. (FAC, ¶¶ 21, 29.) Plainti
¯s home was purchased at a trustee sale conducted by Clear Recon. (FAC, ¶ 28.) The trustees deed upon sale shows that, after the payment of the unpaid debt, th...

Excerpt: ...intiff SB entered into a written agreement ("The Contract") with Northstar Truck Lines, Inc. ("Northstar")l pursuant to which the former agreed to provide "truck hauling" services to the latter. (SAC, 8-9, 23; Ex. 1.) In June 2018, while providing services to Northstar at a site in Mountain View, California, SB's truck damaged a building. (SAC, 10-11.) On September 21, 2018, Plaintiffs obtained a bid from a company named Chana Constructon to repa...

Excerpt: ...AC, 7.) GSC leased the Premises as the result of the assignment of a Food and Beverage Concession Agreement to GSC between City and Areas USA SJC, LLC ("Areas"). (Ibid.) With City's consent, Areas assigned its interest in the contract to GSC. (Ibid.) Pursuant to the assignment, GSC acquired Areas' rights as Concessionaire under a Concession Subcontract between Areas and MSJA. (FAC, 8.) Under this subcontract, MSJA subleased the Premises as the su...

Excerpt: ...saw GM's window sticker that contained important information about the subject vehicle and spoke with the salespeople at Courtesy Chevrolet who told her about the vehicle's key features, components and reliability but failed to inform Plaintiff about the Cooling System Defect. (See FAC, 8.) However, GM knew since 2010 that the 2011 and newer Chevrolet Cruze vehicles contained design and/or manufacturing defects in their engine cooling system that...

Excerpt: ..."SCSC") located in Santa Clara County, upon recruitment by her swim coach, Mitch Ivey ("Ivey") in 1976. (ld., 4, 16-17.) Plaintiff was 16 years old when she first joined SCSC. (ld., 11.) While Ivey coached at SCSC, he "quickly gained a reputation for making inappropriate advances towards his young, female swimmers." (ld., 11.) Plaintiff further alleges that beginning in 1976 both SCSC and the City knew or had reason to know "that Ivey was engagin...

Excerpt: ...airnryan") and is a Hong Kong SAR Limited Company. (See FAXC, '1 1.) Both David and Elizabeth (collectively, "the Chungs") have lived at 27925 Roble Blanco in Los Altos ("subject property") since June 2016; prior to June 20, 2016, the Chungs resided at a family home located at 13920 Mirou Drive in Los Altos Hills. (See FAXC, "1 3, 5, 10.) In May 2015, the Chungs became aware that the sale of their Mirou Drive home would take longer than anticipat...

Excerpt: ... requests actually made, as opposed to the requests now made of them. Request No. 7 Plaintiff requested "any and all camera footage of the subject incident." Defendants have provided a cell phone recording of the original version, according to Plaintiff Defendants state this complies with the request because the request does not define "camera footage" and the definition of digital copies allows for digital copies to be the original or "best copy...

Excerpt: ...A-Car Co. (2000) 79 Cal.App.4th 1127, 1133 which holds that "[w]hen a cause of action for which attorney fees are prov-ded by statute is joined with other causes of action for which attorney fees are not permitted, the prevailing party may recover only on the statutory cause of action." Plaintiff does not dispute the holding of Akins, but counters that "'[s]uch fees need not be apportioned when incurred for representation on an issue common to bo...

Excerpt: ...with Plaintiff. "A defendant may enforce a forum-selection clause by bringing a motion pursuant to sections 410.30 and 418.10, the statutes governing forum non conveniens motions, because they are the ones which generally authorize a trial court to decline jurisdiction when unreasonably invoked and provide a procedure for the motion." CalState Business Products & Services, Inc. v. Ricoh (1993)12 Cal.App.4th 1666, 1680 (Cal-State Business); see al...

Excerpt: ... Southern California to attend a cheerleading competition at Disneyland that involved her daughter. (See FAC, 18.) Hijazi and Does 1- 20 completed a walk-around inspection of the subject aircraft before it was boarded, started the right engine, and then unsuccessfully attempted several times to start the left engine. (See FAC, '1 19.) Passengers were deplaned twice before he was able to start the left engine. (ld.) The plane eventually took off a...

Excerpt: ...the Property"). (Li SAXC, '1 8.) The Property consists of a two-floor commercial building with offce spaces. (ld. at 10.) Jialin Niu ("Niu"), the owner of 577 Campbell, also owns CSBIJ, occupying the lower floor of the Property. (ld. at '19.) Li, who owns and works for GSI Homes and GSI Properties (collectively, "GSI Entities") executed a written lease ("2018 Lease") with CSBLI for Room 107 in the Property. (Li SAXC, 11-12.) Since the execution o...

Excerpt: ...o market and sell their property (the "Property"), through real estate agents Janet Dayton ("Ms. Dayton") and Joe Alderese ("Mr. Alderese"). (SAXC, '1 9.) Intero and the Roaches subsequently entered into a Residential Listing Agreement. (ld. at 10.) Mr. Alderese observed that the Roaches drove to and from the Property via Reynolds Drive and Montgomery Roach told Mr. Alderese that the Property could be accessed on Carlson Drive. (SAXC, 12-14.) Bas...

Excerpt: ...alking northbound on the sidewalk of Church Street in Morgan Hill when she tripped on a protruding segment sidewalk. (Compl„ p. 4, L-1.) Plaintiff fell, landed on her face, and suffered a broken nose and severe face bruising. (Ibid.) On March 17, 2023, Plaintiff filed a Judicial Form Complaint against Crosscomplainants and the City asserting causes of action for premises liability and negligence. On June 7, 2023, Cross-complainants filed their ...

Excerpt: ...ney's fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorney's fees reasonable in relation to the work expended and costs"][emphasis added].) Cross-complainant's memo in support of his moton likewise request attorney's fees pursuant to section 1692k, subd. (a)(3). (See Cross-complainant's Memo, pp. 31:15-3...

Excerpt: ... employee, and/or authorized agent of PCM. (ld. at 10.) On or around January 9, 2007, Nguyen incurred a financial obligation in the form of a Home Equity Line of Credit ("HELOC") issued by JPMORGAN CHASE BANK, N.A. ("Chase Bank"). (FAXC, 14.) On or around May 31, 2009, Nguyen made his last payment to Chase Bank and no further payments were made. (FAXC, '1 15.) On or around October 15, 2019, the debt was sold or resold to PCM for collection purpos...

Excerpt: ...tal consultant initially detected hazardous substances contamination in the subsurface of the Site, detecting PCE and its degradation products, including trichloroethylene (TCE), in excess of the legal screening level for these chemicals. (See SAC, 33.) upon discovery of contamination at the Site, Plaintiff retained environmental consultant Genesis Engineering & Redevelopment, Inc. ("Genesis") to perform an investigation pursuant to the requireme...

Excerpt: ...with a group called MVLA Neighborhood Cares. (See SAC, '1 18, exh. 2.) District has failed to take the necessary steps as promised to manage traffic and parking and respond to complaints within five days, instead actively ignoring and retaliating against Plaintiff's attempts at communicaton. (See SAC, 19-20.) On February 19, 2022, Plaintiff allegedly engaged in a third peaceful "protest" on the MVHS football field, interfering with games on the f...

Excerpt: ...ina is over the age of 80. (ld. at 11.) On April 8, 2022, Mr. Medina received notice from the senior regional manager of BAP, which stated that the owners of the building intended to relocate to the area and move into Plaintiffs' unit. (FAC, 12.) The Property owner, and manager, had knowledge that the owner would not actually move into the Plaintiffs' unit and the owners had no legal basis for evicting Plaintiffs. (ld. at 13, 14.) upon eviction, ...