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