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 ...

Excerpt: ...tay and for related sanctions, contending Compass waived the right to arbitration by falling to timely pay its share of the arbitration fee. (Plaintiff's memorandum of points and authorities, pp. 1, 4.) On September 7, 2023, Compass filed the second motion now the court, a motion to compel arbitration, contending it did not knowingly waive the right to arbitration because the attorney of record did not receive timely notce for the payment of the ...

Excerpt: ...m the Kyles on August 1, 2016. The business was purchased in part with a personal loan guaranteed by the RSL's managing member, Howard Misle. Following the sale, Recycling Specialists, LLC remained in debt to the Kyles in the amount of approximately $1.3 million. In early 2016, J&Y became aware that the Kyles were selling Recycling Specialists, Inc. and it received a copy of the written purchase and sale agreement around July of 2016. (Decl. of D...

Excerpt: ...good faith settlement determination pursuant to Code of Civil Procedure 5877.6. The City of Santa Clara ("City"), who was a codefendant but has been granted summary judgment, opposes the motion on the basis that the settlement relies on inadmissible evidence, ignores the applicable insurance policy limits, and is not in the ballpark for what the case is worth. EVIDENTIARY OBJECTIONS City objects to paragraphs 2-11, 26, and 31 of the declaration o...

Excerpt: ...(ld.) Plaintiff filed a claim with the Labor Commissioner on July 1, 2020; however, this claim was dismissed by the Labor Commissioner on June 30, 2021. (See complaint, 10.) Plaintiff filed a second claim with the Labor Commissioner on March 10, 2022, but this claim was closed after the Labor Commissioner declined jurisdiction on February 7, 2023. (ld.) On March 16, 2023, Plaintiff filed a complaint against Defendants, asserting causes of action ...

Excerpt: ... was a passenger in an aircraft that crashed, killing her and the other passengers aboard. On February 25, 2019, plaintiff Richard Pierce, individually and as successor-in-interest to the Estate of Stacey Pierce, and Brandon Pierce ("Plaintiff") filed a complaint against multiple defendants. Around November 2020, Plaintiff learned that Larry Fistolera may be liable for the plane crash, as he had inspected and serviced the plane. Mr. Fistolera pas...

Excerpt: ...round August 19, 2022, Defendants terminated Plaintiff. (Ibid.) The parties had an oral agreement with Prada whereby Defendants agreed to pay Plaintiff $1,000 per month to cook dinner for Shifter and sleep at her home. (Complaint, 15.) Prada communicated with Plaintiff multiple times through phone and text to discuss Plaintiff's employment responsibilities and to later end Plaintiff's employment. (Complaint, "1 16, 18, 19, 21, 23- 25.) However, P...

Excerpt: ...s where Plaintiff was not a party relating to flat pricing or off label use. Plaintiff lists numerous other short falls in the discovery on pages 6-7 of its motion, as well as prov-des evidence of Defendant's failure to look for relevant documents and information in fts reply. Plaintiff now seeks the discovery as well as monetary and issue sanctions for Defendant's willful behavior. Misuse of the discovery process includes "[dlisobeying a court o...

Excerpt: ...ting multiple demurrers to the complaint and first amended complaint, opposing plaintiff's motion for injunctive relief and motion for leave to amend, attending and preparing for the motions and other court appearances, responding to discovery, opposing Plaintiff's post-judgment motion for new trial, moton to tax costs and motion to stay enforcement of the judgment, work related to Plaintiffs appeal, and other litigation expenses. JUDICIAL NOTICE...

Excerpt: ...es, pursuant to Code of Civil Procedure (CCP) S 425.16(c)(1) and 685.040, because the Discovery Order was reasonable and necessary to enforce Midland's ant-SLAPP fee award. Rather, the dispute over is the amount of reasonable attorney fees. JUDICIAL NOTICE Plaintiff requests for judicial notice of 1, 2 and 3 are denied as not relevant to the motion. See Gbur v. Cohen (1979) 93 Cal.App.3d 296, 301 (stating that "judicial notice.. .is always confin...

Excerpt: ... was "inadvertent" and can be deleted from the Fourth Amended Complaint (Reply, pp2-3); (2) S 558.1 is a remedy that applies automatically when an employer violates S 203, such that it need not be pled as a stand alone action (Reply, p3); and (3) Defendants have been aware all along, and, at the least since January 2023, that Plaintiff is claiming that Defendant Bilugu is personally liable. "The trial court has discretion to allow amendments to t...

Excerpt: ...fendant Santa Clara Valley Water District ("Defendant" or "District"). (See SAC, 26.) On November 7, 2013, Plaintiff suffered a low back/chest injury while supporting a work crew with fall protection measures, was treated for the injury through District's occupational medical provder, and was returned to work. (See SAC, 27.) However, Plaintiff continued to suffer an inability and pain in standing upright and in driving, and on November 12, 2013, ...

Excerpt: ... August 26, 2021, Plaintiff injured his wrist while pulling down heavy boxes. (ld. at 25.) Thereafter, he notified his employers of his disability and/or medical condition and ultimately could no longer continue working as he was forced to leave his shift. (ld. at 26-27.) Plaintiff was terminated from his employment on August 26, 2021. (ld. at '1 28.) Plaintiff was employed by two business entities, each named as a defendant, and collectively ref...

Excerpt: ...ince it was Mr. Zubillaga, not Plaintiff, who had the attorney-client relationship with H&C; (2) the other matters in which H&C represented Plaintiff are not substantially similar to the current matter and the counsel inwlved in the other matters have no confidential information regarding Plaintiff; (3) H&C has erected an effective and timely ethical wall; and (4) Plaintiff waived its ability to move to disqualify H&C due to its extreme delay in ...

Excerpt: ...dministrator of GSH and a care custodian of Plaintiff. (SAC, 23.) On July 1, 2019, Plaintiff was discharged to White Blossom Care Center with complaints of stomach pain and a distended stomach; thereafter, Plaintiff's colon ruptured and he was throwing up black vomit. (SAC, 37.) On July 2, 2019, Plaintiff was returned to GSH, and required further operations, as well as placement on a colostomy bag and another bag to drain blood. (SAC, 38, 45.) Pl...

Excerpt: ... their agent, supervising employees, and running daily operations. (FAC, 15.) Prieto was later appointed the CEO of TLCO 18, LLC. (Ibid.) Prieto was at all times a registered sex offender. (Ibid.) Defendants also hired Elias Rodriguez ("Rodriguez") who acted as the assistant manager of The Hut. (ld. at '1 24.) Rodriguez had been previously fired from another bar/restaurant for complaints of sexual harassment and was known to sexually harass his f...

Excerpt: ...tiff presented the subject vehicle to GVVs authorized repair facility for concerns regarding the vehicle's transmission, infotainment and other various concerns, and the repair facility performed warranty repairs. (See FAC, '1 24.) On November 24, 2021, Plaintiff presented the subject vehicle to GM's authorized repair facility for concerns regarding the vehicle's transmission, electrical system and other various concerns, and the repair facility ...

Excerpt: ...hn Shey-Tsuane Sun; and Christopher Shey-Tau Sun (collectively, "Defendants"). Plaintiffs brought the following seven causes of action against all Defendants: 1) Specific Performance; 2) Breach of the Implied Covenant of Good Faith and Fair Dealing; 3) Breach of the Lease Agreement; 4) Breach of Covenant of Quiet Enjoyment; 5) Intentional Interference with Prospective Economic Advantage; 6) Intentional Interference with Contract; and 7) Declarato...

Excerpt: ...most of the fact witnesses and medical professionals are located in Texas; and (3) there is no private or public policy interest in having the case heard in California, this case should be brought in Texas. Plaintiffs oppose the motion. Legal Standard "In determining whether to grant a motion based on forum non conveniens, a court must first determine whether the alternate forum is a 'suitable' place for trial. If it is, the next step is to consi...

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 ("...