Excerpt: ... Cloud to store data made the Technology potentially lucrative. (Ibid.) In April 2015, Plaintiff validated the commercial feasibility of the Technology and began working full time to develop a prototype. (FAC at 10.) In that regard, Plaintiff desired to create a team to help develop the prototype. (Ibid.) Plaintiff had previously met defendant Balaji Parimi ("Parimi") in 2000 and the two had prior work experience in the technology sector and star...

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: ...ses of action for breach of contract and common counts. Plaintiff moves for summary judgment. l. PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Plaintiff's burden on summary adjudication The moving party bears the initial burden of production to make a prima facie showing that there are no triable issues of material fact—one sufficient to support the position of the party in question that no more is called for. (Aguilar v. Atlantic Richfield Co. (2001...

Excerpt: ...vidence or appears reasonably calculated to lead to the discovery of admissible evidence." (Code Civ. Pro. S 2017.010.) Everything that is relevant to the subject matter is presumed to be discoverable. (ld.) The Discovery Act further declares that "the court shall limit the scope of discovery" if it determines that the burden, expense, or intrusiveness of that discovery "clearly outweighs the likelihood that the information sought will lead to th...

Excerpt: ...d a financial relationship with Plaintiff on July 20, 2018. (FAC, 14.) Oracle knew its representation about Plaintiff's compensation was false. (ld. at '1 17.) Plaintiff relied on Oracle's representation when it began sharing its know-how and expertise with Oracle. (ld. at '1 15.) By September 2019, Oracle had changed its arrangement with Plaintiff and declared that a referral fee financial scheme was no longer available to Plaintiff. (ld. at '1 ...

Excerpt: ... services. (See FAC, 7.) Plaintiff provided legal services and advanced costs and expenses for District and invoiced District for those services, costs and expenses. (See FAC, 8.) District has failed to pay the remaining balance of Plaintiff's legal invoices, totaling $336,016.42 in unpaid legal fees and costs, as well as the contractually agreed service charge and interest. (See FAC, 9.) On May 1, 2019, Plaintiff served District with a claim for...

Excerpt: ...64 Senter Road, Unit No. 116, San Jose California ("the Property") since 1990. (FAC, 1.) The FAC alleges Plaintiff signed a Promissory Note for a Home Equity Line of Credit ("Promissory Note") in the amount of $40,500 wherein Plaintiff was Trustor and First Magnus Financial Corporation ("Magnus"), a now defunct Arizona Corporation, was the original beneficiary. (FAC, '1 6.) In connection with the Promissory Note, Plaintiff signed a Deed of Trust ...

Excerpt: ...of the appellate fee award, requesting a total of $31,618,50 for its appellate work and the present motion. Defendants claim that this Court should not consider Plaintiff's opposition to its August 14, 2023 motion because it was late. The opposition was due nine court days before the hearing set for December 7, 2023. CCP S 1005. The opposition was filed on November 27, 2023. The opposition was due on November 22, 2023, as November 23rd and Novemb...

Excerpt: ...d the Lex Apartments in San Jose (collectively, "Subject Properties"), as well as multiple other residential complexes throughout the State of California. (Complaint at '1 17.) Plaintiffs Kim Diaz, Brittany Jensen, Kayla Angerman, Akhil Koul, Chika Ofodu, Guadalupe Fuentes, Luis Heras, Joanne Hurlston, Karan Ghuman, Melissa Butler, and Gwendolynne Grey (collectively, "Plaintiffs") are prospective tenants of the Subject Properties. (ld. at 1-11.) ...

Excerpt: ...any ("FMC") that included that, in the event a defect developed with the subject vehicle during the warranty period, Plaintiff could deliver the subject vehicle for repair services and the subject vehicle would be repaired. (See FAC, 8.) During the warranty period, the subject vehicle had: defects related to the engine; defects causing EGR cooler failure; oil cooler failure; radiation failure; fuel injector failure; coolant entering the engine ve...

Excerpt: ...of the appellate fee award, requesting a total of $31,618,50 for its appellate work and the present motion. Defendants claim that this Court should not consider Plaintiff's opposition to its August 14, 2023 motion because it was late. The opposition was due nine court days before the hearing set for December 7, 2023. CCP S 1005. The opposition was filed on November 27, 2023. The opposition was due on November 22, 2023, as November 23rd and Novemb...

Excerpt: ...Plaintiff maintained his own private law practice. (Ibid.) In or around 2013, ATI became involved in litigation against another company. (SAC, 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...

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: ...e case was thereafter transferred to Santa Clara County. Plaintiff alleges that on September 5, 2019, following an open court hearing in the State Courts of the Republic of Singapore, Jennifer Marie, Registrar of State Courts of Singapore entered a conclusive and enforceable judgment ("Judgment") against Defendant in the principal amount of $48,000 (USD), plus costs of $1,800 USD, plus interest at 5.33% per annum from the date of the preceding wr...

Excerpt: ...ction in whole or in part on any conditions that may be just." Code Civ. Proc. S 410.30(a). Factual Background In dissolving their marriage, Elizabeth Chung and David Chung are dividing their assets. Bend Capital, LLC ("Bend") holds title to the family home. Elizabeth and David are Members of Bend and each holds a 50% interest in Bend. The purpose of Bend is to borrow money and hold title to the family home. Elizabeth and David disagree about whe...

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: ...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: ...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: ... 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: ..."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: ...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...