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...