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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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