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: ...upervision. Plaintiff alleges he chose Defendant's office due to its proximity to Plaintiff's home, as Plaintiff is elderly and has poor vision, such that he prefers not to drive long distances. Plaintiff alleges Defendant made numerous errors and omissions in connection with his care and treatment. The most serious allegation concerns an event that took place on 9/02/21. Defendant assigned a new trainee phlebotomist to Plaintiff, and Defendant w...

Excerpt: ...endant to file a responsive pleading within five days. Defendant appealed the ruling on the motion to quash, and the appeal was ultimately dismissed. On 5/23/23, the Court permitted Plaintiff to re-file the action as an unlimited civil action, and on 5/24/23, Plaintiff filed the operative First Amended Complaint. On 6/12/23, Defendant filed a demurrer to the FAC, which is set for hearing today. 2. Demurrer a. Legal Standard on Demurrer A demurrer...

Excerpt: ...y 21, 2023, Defendant/Cross-Complainant THOMAS REYES, JR. (“Cross-Complainant” or “Reyes”) filed subject Second Amended Cross-Complaint (“SAXC”). The SAXC alleges, in pertinent part: “This Cross-Complaint centers around the fraud and breach of duties by Cross-Defendants to take control of Cross-Complainant's business and the Cross-Defendant's attempts to take Cross-Complainant's personal property that he created and owned before the...

Excerpt: ...ity to amend as the Opposition raises several issues which are susceptible of amendment if Plaintiff can overcome the claim-presentation defect. (2) Defendants' Motion to Strike is MOOTED. ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On March 18, 2021, Plaintiff, Alan Hall (“Plaintiff”) filed a Complaint against Defendant, City of Lawndale (“Defendant”). On February 8, 2022, Plaintiff filed a First Amended Complaint (“FAC”). On Octob...

Excerpt: ...tiff's entire petition without leave to amend, and the petition is therefore dismissed. REQUEST FOR JUDICIAL NOTICE: Respondent's request for judicial notice is granted. BACKGROUND Petitioner brings this action against Respondent in relation to the Los Angeles County Department of Regional Planning's (“DRP”) evaluation and recommendation of conditions of approval in Petitioner's Conditional Use Permit (“CUP”) Application No. RPPL201900266...

Excerpt: ...upervision. Plaintiff alleges he chose Defendant's office due to its proximity to Plaintiff's home, as Plaintiff is elderly and has poor vision, such that he prefers not to drive long distances. Plaintiff alleges Defendant made numerous errors and omissions in connection with his care and treatment. The most serious allegation concerns an event that took place on 9/02/21. Defendant assigned a new trainee phlebotomist to Plaintiff, and Defendant w...

Excerpt: ...n Plaintiff Aric Cho (Plaintiff) and Defendant Kye Hyun Lee (Defendant). On 11/7/22, Plaintiff filed his original complaint which was captioned as a complaint for “intentional bodily injury.” On 12/9/22, Plaintiff filed his First Amended Complaint which no longer includes the reference to “intentional bodily injury” in the caption. However, the First Amended Complaint is based on the same allegations as the original complaint. After Plain...

Excerpt: ...the parties in this and the related matter before this Court have filed a variety of motions so that the Court is well acquainted with the two lawsuits and the allegations. Secondarily, the Court is disappointed that what is essentially a pleading motion has been filed many years after suit was filed, as to matters that might well have been addressed by demurrer or by a few specifically targeted contention interrogatories. The opposition papers a...

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: ...1.) Thereafter, defendants Nancy Kim and her brother, defendant Timothy Kim (collectively, "Defendants"), occupied the Subject Property. (ld. at '1 9.) On or about August 15, 2018, plaintiff Park and defendant Nancy Kim agreed to extend the lease term for an additional six months. (Complaint at '1 10.) Defendant Nancy Kim gave her brother, Timothy Kim, power of attorney to enter into a written lease extension. (Ibid.) The rent increased to $3,750...

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: ...with a grant date of January 1, 2020. (See complaint, "1 2-3.) The offer letter further states that the RSU grant shall be converted into "ordinary shares of YY Inc." subject to a conversation ratio of "10000/2774 (10000 RSU[s] equals 2774 ordinary shares of YY Inc.)." (See complaint, '13.) As of January 1, 2021, Plaintiff expected to have 5,091 shares in YY vested; however, instead, only 255 YY shares had vested. (See complaint, 4.) Plaintiff fo...

Excerpt: ...alleges the following relevant facts: “On April 22, 2020… Plaintiff IRENE LOPEZ TARIN, was walking on Pine Ave. and tripped an [sic] fell due to a dangerous condition in the form of severely uneven pavement.” (FAC Prem. L-1.) Plaintiff alleges that “Defendants and each of them negligently and carelessly owned, operated, managed, entrusted, designed, and maintained said premises as to cause bodily injury to Plaintiff.” (FAC GN-1.) The FA...

Excerpt: ...alleges the following relevant facts: “On April 22, 2020… Plaintiff IRENE LOPEZ TARIN, was walking on Pine Ave. and tripped an [sic] fell due to a dangerous condition in the form of severely uneven pavement.” (FAC Prem. L-1.) Plaintiff alleges that “Defendants and each of them negligently and carelessly owned, operated, managed, entrusted, designed, and maintained said premises as to cause bodily injury to Plaintiff.” (FAC GN-1.) The FA...

Excerpt: ...ant John Reed engaged in an intentional and repeated stabbing that led to Donghi He Reed's wrongful death. (Compl. p. On January 19, 2021, a criminal complaint was filed in Santa Clara Court Case Number C2100651 charging Defendant John Reed with murder.2 Defendant has neither pleaded guilty to the charges, nor have they been dismissed. (Motion 2:21-22.). As of this date, an arraignment has been held and a trial setting has been scheduled for July...

Excerpt: ...tress, the entirety of Plaintiff's Third Cause of Action for Abuse of Process, and the entirety of Plaintiff's Fourth Cause of Acton for Malicious Prosecution under CCP 425.16. Defendants separately move to strike all but paragraphs 97-103 of the complaint under CCP S 435 and 436, subd. (a) as irrelevant and improper. Plaintiff's Motion to Continue The Court acknowledges that on June 30, 2023, Plaintiff filed a Motion to Continue the July 11, 202...

Excerpt: ...d at 577 Salmar Ave., Campbell, CA ("the Property"). (Li FAXC, '1 8.) The Property consists of a two-floor commercial building with office spaces. (Li FAXC, '1 10.) Jialin Niu ("Niu"), the owner of 577 Campbell, also owns CS8U, occupying the lower floor of the Property. Li, who owns and works for GSI Homes and GSI Properties ("GSI Entities") executed a written lease ("2018 Lease") with CS8U for Room 107 in the Property. (Li FAXC, 11, 12.) Since t...

Excerpt: ...ff's moton for an order compelling Defendant to provide further responses to Form Interrogatories (Set One), Special Interrogatories (Set One), and Request for Production of Documents and Electronically Stored Information (Set One). In addition, Plaintiff requests orders requiring Defendant to produce all responsive materials in its custody and control and requiring Defendant to pay monetary sanctions of $5,000. The hearing on Plaintiff's motion ...

Excerpt: ...intiff maintained his own private law practice. (Ibid.) In or around 2013, ATI became inwlved in litigation against another company. (FAC, 13.) Plaintiff was involved in managing outside counsel, consulting with outside counsel and ATI executives, researching areas of law for discussion with outside counsel, participating in witness and export depositions, participating in mediations, and having settlement discussions with the other company's gen...

Excerpt: ... Engineering, lnc„ and Northstar sought to overcharge him for repairs made after Singh or one of his vehicles damaged a building. After the court granted a motion for judgment on the pleadings, Singh filed a First Amended Complaint ("FAC") on October 15, 2021. Singh was representing himself and purportedly also representing SB Trucking. The parties appeared for a Case Management Conference on October 25, 2022. According to the minute order from...

Excerpt: ...) 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, etal. (Super. Ct. Santa Clara County, 1997, No. CV770743). (See Pl.'s opposition to demurrer to SAC, p.2:12-16.) In the Court's prior order regarding t...

Excerpt: ...ther for 11 years. (FACC at 6.) As the relationship progressed, Lim repeatedly communicated that Chan would be his "forever spouse" and that he did not want her to work. (Ibid.) He proposed to her that she not work and that he would take care of her. (Ibid.) Specifically, Lim communicated whatever assets he owned and received would also equally belong to Chan. (Ibid.) Chan agreed. (Ibid.) The parties' agreement included the following: (1) Lim pai...

Excerpt: ...hey are the true owners of the real property known as Birch Property that is subject to this action. (See id. at 8-10.) Plaintiffs allege that they purchased Birch Property in 2007 under the name of Abraham Oseguera's sister, Defendant Maria Oseguera. The title to Birch Property was in her name. (See id. at '1 15-16). There were specific conversations between Defendant Ivan Caballero and Plaintiff Abraham Oseguera on April 20, 2020, where Plainti...

Excerpt: ... relatively junior attorneys are not reasonable; and (4) Plaintiffs overstaffed the case causing excessive fees to be incurred. ANALYSIS Civil Code S 1717 permits the party prevailing on the contract to recover "reasonable attorneys fees." Defendants claim that Plaintiffs' claim of $731,380 in attorney fees is unreasonable and should be reduced for four reasons. Each reason is addressed in turn. 1. Whether the Fee Agreement Allows for Prelitigati...

Excerpt: ...n May 8, 2015. (FAC, '111.) Plaintiff was forced to sign a vendor credit application that placed a personal guarantee against Plaintiff and the CEO. (ld. at 12.) On June 30, 2016, Plaintiff was required to sign an indemnification agreement for the personal guarantees, and Platinum obtained indemnity insurance from defendants Admiral and QBE (collectively "Insurance Defendants") for its directors and officers. (ld. at '1 13.) Plaintiff was told th...

Excerpt: ...censed physicians. (See complaint, GN-I at '1 1.) Defendants were negligent in their treatment of Plaintiff, who sustained damage as a result of the Defendants' improper treatment of a dislocated toe which later had to be amputated. (ld., at '1 2.) Defendants were the proximate cause of damages to Plaintiff. (ld., GN-I.) Plaintiff has suffered and continues to suffer pain, emotional distress, anxiety, depression, an inability to work at full capa...

Excerpt: ... Plaintiff went to the Restaurant, a place of public accommodation and a business establishment, intending to "avail himself of its goods, services, privileges or advantages" but also "motivated in part to determine if the Defendant complies with the disability access laws." (Compl., 8, 9.) Plaintiff qualifies as a "high- frequency litigant as defined by [Code of Civil Procedure section] 425.50[, subdivision] [He] is an ADA advocate and tester as...

Excerpt: ...breach of contract. The contract in question is a commercial lease (the "Lease") for approximately 39,700 square feet of the subject property, approximately 23% of the building. A copy of the Lease is attached to the complaint as Exhibit A. The complaint alleges that Defendant breached the Lease by not paying rent for the full term—i.e., through October 31, 2022. Instead, Defendant allegedly "vacated and abandoned" the rented portion of the sub...

Excerpt: ...ployee Melissa Bearden ("Ms. Bearden") "loudly proclaimed" that Plaintiff had "engaged in sexual activity with [Elizabeth] ... which embarrassed both Plaintiff and [Elizabeth]." (Compl., Ex. 1, '13.) Plaintiff immediately stated that the claims were not true "while there were many people present when this statement was made" and Defendants also told Ms. Bearden to stop. (Ibid.) Elizabeth, a manager at Yoga Source, also told Plaintiff she would sp...

Excerpt: ...licon City ("KW") and escrow closed on April 1, 2022. (See XC, 15.) Subsequently, Ly discovered multiple undisclosed defects at the property regarding dangerous electrical and structural issues, and was damaged because CSI's principal, Cuanuhtemoc Martinez ("Martinez") represented to Ly that the subject property was a newly built home, when in fact it was a remodel, as the permits show, and the value of the home was less than she paid because of ...

Excerpt: ...ney through coercion, pressure and exploitation of his worsening dementia. Defendant has cross-complained claiming that Plaintiff has breached his promise to financially support her for the remainder of her life. MOTION Defendant propounded requests for production of documents and communications seeking investment, real estate, business interest, loan, insurance and money-transfer transactions from January 2016 to the present. Defendant asserts t...

Excerpt: ...or by the court, of the existence of a matter of law or fact that is relevant to an issue in the action without requiring formal proof of the matter." (Poseidon Development, Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1105, 1117.) In support of the motion, Defendants request judicial notice of the following: (1) Plaintiff's complaint; (2) Defendants' answer; and (3) the request for dismissal entered with prejudice as to defendant Le...

Excerpt: ...intiffs to defer collection of their billings, and Plaintiffs initially obliged; however, as their legal needs expanded, Plaintiffs began requiring progress payments as a condition of both continued representation and continued delay of legal action on the accrued balance. (See complaint, 16-17.) In addition to legal service invoices, Plaintiffs sent accountings to Defendants periodically. (See complaint, '1 18.) Defendants did not question the a...

Excerpt: ...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 ("Commercial Property") for Plaintiffs' au...

Excerpt: ...ral defect, as Defendant was able to fully reply and has not prejudiced. Plaintiffs are reminded to comply with all rules of court going forward. Defendant next opposes the moton claiming that Plaintiffs have failed to meet their burden under S 3295(c). This provision states: No pretrial discovery by the plaintiff shall be with respect to the [financial condition of the defendant] unless the court enters an order permitting such discovery pursuan...

Excerpt: ...ective and was negligently repaired. Plaintiffs allege four causes of action under the Song-Beverly Consumer Warranty Act against FCA, the manufacturer of the car. Plaintiffs allege a single cause of action for negligent repair against Mathew Enterprise, an authorized repair facility. The sales contract for the car includes an arbitration agreement between the Plaintiffs and the dealer, the only signatories to the agreement. The arbitration agree...

Excerpt: ...d because the amendments fail to state a viable cause of action. Finally, they argue that they will be prejudiced if Plaintiffs are allowed to amend. Legal Standard A court may allow, in its discretion "upon any terms as may be just, an amendment to any pleading." CCP S 473(a)(1). The California Supreme Court has long stated that the rule in California is one of "liberal allowance of amendments" to pleadings. Nestle v. Santa Monica (1972) 6 Cal.3...

Excerpt: ...agreement to sell the stock of Allied Aire Service, Inc. to defendant RH BAS, lnc„ whose president was defendant John Akhoian (collectively, "Defendants"). (ld., at 7.) Defendants materially breached the agreement. (ld., at "1 21, 23.) On October 11, 2022, Plaintiff filed the operative complaint in this case alleging causes of action for: (1) breach of contract; (2) specific performance; (3) declaratory relief; (4) failure to pay wages in viola...

Excerpt: ...ies have resolved the underlying motion to compel, the parties persist in their request for sanctons. Plaintiffs request sanctons for Defendants' misuse of the discovery process under CCP S 2023.030, among other statutes. Misuse of the discovery process includes "[mlaking, without substantial justification, an unmeritorious objections to discovery," "making an evasive response to discovery," and "opposing, unsuccessfully and without substantial j...

Excerpt: ...ntity plaintiffs (collectively, "Plaintiff Companies"). (See complaint, "1 4-8.) Plaintiff Lam Hauling, Inc. ("Lam Hauling") is a junk hauling company. (ld., at '1 4.) Plaintiff Lam Supply, LLC ("Lam Supply") is a fence and steel supply company. (ld., at '15.) The remaining three plaintiffs are all real estate investment companies: Hung Nga Enterprise, LLC ("Hung Nga Enterprise"); Lam Group International, LLC ("Lam Group International"); and Sent...

Excerpt: ...his interest in 360 IT Professionals, Inc. ("360") and US IT Solutions, Inc. ("UIS") (collectively, "the Companies") for $5 million to be paid as $800,000 in cash paid at closing, $150,000 to be paid at closing from the Companies' cash on hand, $2,200,000 in the form of a promissory note ("Note") and $2,850,000 from the accounts receivable of the Companies with $650,000 of the unbilled accounts receivables and $2,200,000 from the billed accounts ...

Excerpt: ...ction against the City of Gilroy, the County of Santa Clara, Santa Clara Transportation Authority (collectively, "Roadway Defendants"), Brian Omar Sanchez Ayala ("Ayala"), and Does 1 through 100 (collectively, "Defendants"). According to the FAC, on or around January 9, 2022, Decedent was a lawful pedestrian walking home on or near Monterey Road in Santa Clara County, California after being transported and dropped off at the bus stop on Monterey ...

Excerpt: ...) and owned and operated by defendant David Shannon Propach ("Propach"). (See complaint, "1 7-11.) When the Yamaha vessel engine was off, Plaintiff saw the ski tow rope float under the boat and reached for the rope when Propach then started the engine. (See complaint, 11-12.) The ski tow mpe was inhaled into the impeller and then wrapped around Plaintiff's hand, pulling her over the port side of the gunwale, causing a traumatic partial amputation...

Excerpt: ...except Exhibit D are records of the superior court. The Court could find no filed pleading corresponding to September 11, 2019. The aforementioned exhibits, A-C and E-l are subject to judicial notice as records of the superior court under Evidence Code section 452, subdivision (d). (See Stepan v. Garcia (1974) 43 Cal.App.3d 497, 500 [the court may take judicial notice of its own file].) But, "while courts are free to take judicial notice of the e...

Excerpt: ... Bernardino County. (See complaint, '1 13.) On June 4, 2016, Defendant refused to comply with a family law court order for the minor child's visitaton with Plaintiff, and the police enforced the order. (ld., at 14.) In June of 2016, Defendant filed a domestic violence claim in San Bernardino Superior Court, but her claim was denied. (ld., at 16.) Defendant's refusal to comply with family court orders and continued until February 2017, when the co...

Excerpt: ...C "Defendants"). Kentfield Property According to the allegations in the First Amended Complaint ("FAC"), in or around April 2017, Plaintiff was solicited by defendants Braegelmann and Tralka, acting on behalf of defendants GCA and Good Steward, regarding construction financing of undeveloped real property known as the Kentfield Property. (See FAC, 11.) Said defendants represented that GCA owned the Kentfield Property and once developed it would b...

Excerpt: ...mplaint in case number 22CV399354 ("the '354 complaint") against Abdolyousefi asserting causes of action for: 1) Fraud; 2) Breach of Contract; 3) Declaratory Relief — Rescission; 4) Declaratory Relief — Contract Terms; 5) False personation/ldentity Theft; 6) Partition and Sale of Real Property; 7) Unjust Enrichment and Restitution; 8) Assault and Battery; 9) Defamation; and 10) Computer Tampering. On May 2, 2023, the Court granted Abdolyousef...

Excerpt: ... the settlement is in good faith. City of Gran Terrace v. Sup. Ct. (1987) 192 Cal.App.3d 1251, 1261. In determining faith the court considers a number of factors as laid out in Tech-ant, Inc. v. Woodward Clyde Assocs. (1985) 38 Cal.3d 488. As explained in Tech-Bilt, the court should consider the plaintiff's likely total recovery, the settlor's proportionate liability, the amount paid in settlement, the allæation of settlement proceeds among plai...

Excerpt: ...t El camino Real APN 165-01-040 (See complaint, "1 1-2.) Plaintiffs, Donald Ottavis ("Donald") and Ernest Ottavis ("Ernest") (collectively, "Plaintiffs") are co-Trustees of the Thelma Ottavis 2004 Trust (the "Ottavis Trust") which owns an undivided 25% interest in the Properties as tenant in common. (See complaint, 1- 2.) Defendants Silvio and Angele Borello are Trustees of the Borello Trust, which owns an undivided twenty-five percent (25%) inte...

Excerpt: ..., Petrini filed a proposed default judgment. On July 22, 2022, Crosscomplainants filed a request for entry of default as to the cross-complaint. On October 31, 2022, Petrini filed a motion to strike the cross-complaint, answer, and request for entry of default as untimely. On January 20, 2023, the Court filed its order denying Petrini's motion to strike, stating: Petrini's premise that the date that a pleading is filed is determined by the date t...

Excerpt: ...ntained, managed and operated the premises. (ld„ at p.4, Prem.L-2.) Defendants City of San Jose and Apollo Adult Day Program, Inc. owned the public property on which the dangerous condition existed and had constructive notice of the existence of the dangerous condition in sufficient time prior to the injury to have corrected it. (ld., at p.4, Prem.L-4.) Plaintiff filed a Judicial Council form complaint against defendants City and Apollo Adult D...

Excerpt: ... entirety, such that they cannot forced to arbitration. In response, Defendants contend, among other things, that they were not required to be licensed in California because they performed no acts within the State of California. Accordingly, Defendants request that the parties be com#lled to arbitration, that the claims against them be severed out from the rest of the case, and that the claims against them be stayed pending the arbitration. Befor...

Excerpt: ...hey moved to Nevada in or around October 2020. (ld., at '12.) Estrella Floresca and Marina Arzadon are sisters. (ld., at '19.) This achon concerns the real property located at 1662 Cathay Drive in San Jose, California (the "Property"). (See Complaint, '1 7.) On or about June 8, 1992, Plaintiffs acquired the Property by individual grant deed, paying a down payment of $34,139.20 towards its purchase. (ld., at 8, Exs. 1-2.) Because Plaintiffs were n...

Excerpt: ...trier of fact or by the court, of the existence of a matter of law or fact that is relevant to an issue in the action without requiring formal proof of the matter." (Poseidon Development, Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117.) Defendant seeks judicial of Exhibits A-G. Exhibits A-E are court documents. The aforementioned exhibits are subject to judicial notice as records of the superior court under Evidence Code sec...

Excerpt: ...ica (1972) 6 Cal.3d 920, 939. "That the trial courts are to liberally permit such amendments, at any stage of the proceeding, has been established policy of this state since 1901." Hirsa v. Superior Ct. (1981) 118 Cal.App.3d 486, 488- 89. Defendant claims that the motion should be denied because the claim against Ms. Pereyra is beyond the statute of limitations, as the motion for leave was not filed until 3 months after the statute of limitations...

Excerpt: ...er ways. (ld.) This group of people contacted various companies to ruin Plaintiff. (ld.) Among these companies were WhatsApp LLC ("WhatsApp") and Meta Platforms, Inc. ("Meta"). (ld.) Plaintiff "joined some RV Park Groups and made some advertisement posts" to rent land space in Arizona for RV owners to park and reside, and three people responded to the posts on the same day. (See FAC, attachment number 5, pp.1-2.) After Plaintiff gave links to her...

Excerpt: ... located at 15280 Blackberry Hill Road, Los Gatos, California (the "Arora Parcel"). (ld., at "1 2, 7.) Blackberry Hill Road does not directly reach either the Arora Parcel or the Searle Parcel; there are two roads connecting Blackberry Hill Road to the Searle Parcel: (1) the "Lower Road" and (2) the "Radio Road." (See SAC, '1 10.) The Lower Road connects Blackberry Hill Road to the Searle Parcel by crossing over both the "Schwager Parcel" (locate...

Excerpt: ... inaccessible without that driveway that provided street access. (See FAXC, 12-14.) The driveway crosses a triangle-shaped sliver of the southeastern corner of the property ("the Triangle") that is approximately 180 square feet where both the 19555 and 19605 properties abut Redberry Drive. (See FAXC, '1 15.) In October 1987, crosscomplainants Arthur and Elaine Gallun, individually and as trustees of the Gallun 2CM Revocable Trust (collectively, "...

Excerpt: ... 35.) The Lease was a "ground lease," meaning the tenant was the owner of any tenant-added improvements on the Property until the end of the Lease term. (Ibid.) The initial term of the Lease was 20 years, but White & McKee's tenancy on the premises continued through a series of 5-year extension options and terminated after the final extension on or about March 2, 2022. (FAC 36.) Defendant Duckett-Wilson Development Company ("Duckett") has served ...

Excerpt: ...n July 29, 2022. None of the responses was verified but each included a page stating, "VERIFICATION TO FOLLOW." Plaintiff, finding the responses deficient and unverified, requested verified, full and complete discovery responses on August 17, 2022. Plaintiff then extended the date for Defendant to respond several times. On October 21, 2022, Defendant served some supplemental responses. Both the initial and supplemental responses remained unverifi...

Excerpt: ...e terms of the contract, Group One was obligated to: commence construction on Monday, November 9, 2015 and complete construction on Friday, August 19, 2016; supply La Encina with Conditional Lien Releases with all progress billings and upon all progress payments from the subcontractors or supplies; pay subcontractors, sub-subcontractors and suppliers within seven days after receipt of payment by La Encina; hold payments received from La Encina fo...

Excerpt: ...20, and as a result, she fell off a rock and was severely injured. (Complaint, '1 2.) Plaintiff was six years old at the time of the incident. (Ibid.) Defendant Kathy Banks is adult individual doing business as CCKC. (ld. at 6.) Through her guardian ad 'item, Dragos Sbirlea, Plaintiff filed a Complaint against Defendants alleging causes of action for (1) negligence; and (2) negligent hiring, retention, supervision, training and entrustment. Defen...

Excerpt: ...ntiff was diagnosed with COVID-19 and was unable to work for over two weeks due to his serious medical condition. (ld. at '1 19.) During this time, he was not provided proper sick leave under the Families First Coronavirus Response Act. (ld. at '1 14.) Then, before Plaintiff was able to safely return to work, Defendant informed him it was reducing its workforce, it had no more work for him, and he was being laid off. (FAC 20.) Plaintiff does not ...

Excerpt: ...ement with Grant Turner. A detailed statement of facts and procedural history of this action is set forth in the orders sustaining demurrer filed June 29, 2022 and July 20, 2022, and is incorporated herein, but will not be restated here in the interests of brevity. Demurrers were sustained without leave to amend for all defendants on June 29, 2023 and July 20, 2022. Notwithstanding the granting of the demurrers without leave to amend, on July 5, ...

Excerpt: ...me, a City enforcement officer issued a ticket, and in December 2018, the same offcer issued the same ticket, resulting in the threat of a substantial five-figure fine. (See FAC, 9.) On April 9, 2019, Plaintiff and the officer attended an appellate hearing of the ticket, held by a mediator from Data Ticket. (See FAC, '1 10.) Plaintiff felt that the process was biased because Plaintiff requested, but was not provided, a permit and a neutral, reput...

Excerpt: ...J Von Schaumberg ("Von Schaumberg") (collectively, "Shah defendants"), and the request for joinder in the motion for judgment on the pleadings by defendants Michael Maidy, Timothy Cox, Martin Pichinson, Bernie Murphy and Feevt (assignment for the benefit of creditors), LLC (collectively, "Sherwood defendants") came on for hearing. The Court issued an order on February 23, 2023, declaring Plaintiff as a vexatious litigant as defined by Code of Civ...

Excerpt: ...er ways. (ld.) This group of people contacted various companies to ruin Plaintiff. (ld.) One of these companies was Air France-KLM Group. (See FAC, attachment number 5, p.3.) While in Nigeria, Air France cancelled Plaintiff's flight on the day of the flight despite the fact that Plaintiff did not request to cancel her booking; however, it stated in an email that she could ask one of the airport employees to reinstate her flight booking. (ld.) Whe...

Excerpt: ...e action. In 2001, plaintiff Roger Nelson ("Plaintiff") purchased real property located at 1201 Ayer Dr. in Gilroy, California ("Property"). (See First Amended Complaint ["FAC"I at 1, 13.) Plaintiff purchased the Property for $425,000 by obtaining loans from First Franklin in the amounts of $339,950 ("First") and $85,000 ("Second Home Equity Line"). (ld. at '1 13.) Plaintiff refinanced the First loan in 2004 for $333,000 through Pacific Financial...

Excerpt: ...and damages. (See SAXC, '1 5.) Reyna was involved in a traffic collision that occurred on or about November 15, 2019 at the intersection of Jacklin Road and the southbound off-ramp of Interstate-680 in Milpitas, California. (Ibid.) Reyna alleges Cross-complainants were negligent in the operation of their vehicles, which caused the underlying traffic collision and her resulting injuries and damages. (ld. at 5.) Cross-complainants contend a defecti...

Excerpt: ... Defendants. The Court has now reviewed all filings from the parties. Based on the filings and the arguments of Counsel at Feb. 14th hearing, the now finds as follows: Plaintiff asks for sanctions against Defendants GS Almaden LLC and Greystar California ("Defendants") for failure to comply with their discovery obligations. As acknowledged by both sides, Defendants did not comply with the time constraints of this Court's order of June 20, 2022. D...

Excerpt: ...l year. (ld. at "1 6, 15—20.) Stipe is an elementary school located in San Jose, California and is a part of Defendant Oak Grove School District ("District"). (ld. at '14.) Beninger passed away in or around 2014. (ld. at '1 6.) In the summer of 1981, Beninger anally raped Plaintiff in the hot tub at Beninger's home. (ld. at "120 — 22.) In or around 1985, Plaintiff donated blood at the American Red Cross and learned that he was HIV positive. (...

Excerpt: ... Group One $3.9 million plus Change Orders in exchange for Group One's of the contract. (ld.) The contract was signed by cross-defendants Jen Hao Richard Chen ("Chen"), Sheena Chang ("Chang") and Chung Yeh ("Yeh") as owners of La Encina. (See SAXC, '1 18.) Prior to entering the contract, Foust questioned Chen, Chang and Yeh about La Encina's ability to pay for Group One's services under the contract, and Chen, Chang and Yeh assured Foust that: La...

Excerpt: ...ect to any disciplinary action for years and received regular raises. (Ibid.) In July 2021, Plaintiff had a seizure. (Compl. 19.) Beginning on or around July 30, 2021 through on or around October 31, 2021, Plaintiff took medical leave to care for herself. (Ibid.) She returned to work on or around November 1, 2021. (Ibid.) When she did not feel well, Plaintiff would call into work. (Ibid.) She also offered to work from home, as at least half of th...

Excerpt: ...on company doing business as AR Constructon ("ARC"). (ld. at '1 8.) ARC transferred its assets to a separate company, defendant Happily Ever After Design, LLC ("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: ...Plaintiff was terminated on August 26, 2021. (Id. ¶ 26.) Plaintiff was employed by three business entities, each named as a defendant, and collectively referred to as “Employers” in the complaint: Power Personnel, Inc. (“Power”), Stanford Health Care (“SHC”), and Global HR Partners, LLC, (“Global”). (See Complaint, ¶¶ 3-6, 22.) At all times relevant to the complaint, Power owned and operated a private staffing agency (Id. at 7)...

Excerpt: ... “Property”). (See FAC, ¶¶ 7, 11.) The rental agreement was subject to U.S. Department of Housing and Urban Development (“HUD”) project-based assistance and rules. (Id. at ¶ 11.) Plaintiffs requested repairs to the Property, but repairs were not forthcoming and were substandard when made. (See FAC, ¶ 12.) Security at the Property has been substandard throughout Plaintiffs' tenancy, including exterior locks that do not work, fire doors...

Excerpt: ...nd warehouse. (Id. at ¶ 20.) Plaintiff Christopher Locsin (“Chris”) is a tenant-in-common owner of a fifty-percent (50%) interest in the Property. (Complaint at ¶ 3.) Defendant Dwight Locsin (“Dwight”) is a tenant-in-common owner of a fifty-percent (50%) marital interest in the Property together with defendant Denise Locsin (“Denise”). (Complaint at ¶ 4.) Defendants Dwight and Denise (collectively, “Defendants”) are husband and...

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: ...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: ...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: ...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...