Excerpt: ...endant to file a responsive pleading within five days. Defendant appealed the ruling on the motion to quash, and the appeal was ultimately dismissed. On 5/23/23, the Court permitted Plaintiff to re-file the action as an unlimited civil action, and on 5/24/23, Plaintiff filed the operative First Amended Complaint. On 6/12/23, Defendant filed a demurrer to the FAC, which is set for hearing today. 2. Demurrer a. Legal Standard on Demurrer A demurrer...

Excerpt: ...ant John Reed engaged in an intentional and repeated stabbing that led to Donghi He Reed's wrongful death. (Compl. p. On January 19, 2021, a criminal complaint was filed in Santa Clara Court Case Number C2100651 charging Defendant John Reed with murder.2 Defendant has neither pleaded guilty to the charges, nor have they been dismissed. (Motion 2:21-22.). As of this date, an arraignment has been held and a trial setting has been scheduled for July...

Excerpt: ...tress, the entirety of Plaintiff's Third Cause of Action for Abuse of Process, and the entirety of Plaintiff's Fourth Cause of Acton for Malicious Prosecution under CCP 425.16. Defendants separately move to strike all but paragraphs 97-103 of the complaint under CCP S 435 and 436, subd. (a) as irrelevant and improper. Plaintiff's Motion to Continue The Court acknowledges that on June 30, 2023, Plaintiff filed a Motion to Continue the July 11, 202...

Excerpt: ...d at 577 Salmar Ave., Campbell, CA ("the Property"). (Li FAXC, '1 8.) The Property consists of a two-floor commercial building with office spaces. (Li FAXC, '1 10.) Jialin Niu ("Niu"), the owner of 577 Campbell, also owns CS8U, occupying the lower floor of the Property. Li, who owns and works for GSI Homes and GSI Properties ("GSI Entities") executed a written lease ("2018 Lease") with CS8U for Room 107 in the Property. (Li FAXC, 11, 12.) Since t...

Excerpt: ...ff's moton for an order compelling Defendant to provide further responses to Form Interrogatories (Set One), Special Interrogatories (Set One), and Request for Production of Documents and Electronically Stored Information (Set One). In addition, Plaintiff requests orders requiring Defendant to produce all responsive materials in its custody and control and requiring Defendant to pay monetary sanctions of $5,000. The hearing on Plaintiff's motion ...

Excerpt: ...intiff maintained his own private law practice. (Ibid.) In or around 2013, ATI became inwlved in litigation against another company. (FAC, 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 gen...

Excerpt: ... Engineering, lnc„ and Northstar sought to overcharge him for repairs made after Singh or one of his vehicles damaged a building. After the court granted a motion for judgment on the pleadings, Singh filed a First Amended Complaint ("FAC") on October 15, 2021. Singh was representing himself and purportedly also representing SB Trucking. The parties appeared for a Case Management Conference on October 25, 2022. According to the minute order from...

Excerpt: ...) On December 11, 1997, Mr. Searle, as trustee of the Searle Family Trust, filed a complaint against Udi Fishman for quiet title, reformation, damages and injunctive relief because Mr. Fishman barricaded a road known as "Radio Road" to prevent Mr. Searle from use of the road, in Searle v. Fishman, etal. (Super. Ct. Santa Clara County, 1997, No. CV770743). (See Pl.'s opposition to demurrer to SAC, p.2:12-16.) In the Court's prior order regarding t...

Excerpt: ...ther for 11 years. (FACC at 6.) As the relationship progressed, Lim repeatedly communicated that Chan would be his "forever spouse" and that he did not want her to work. (Ibid.) He proposed to her that she not work and that he would take care of her. (Ibid.) Specifically, Lim communicated whatever assets he owned and received would also equally belong to Chan. (Ibid.) Chan agreed. (Ibid.) The parties' agreement included the following: (1) Lim pai...

Excerpt: ...hey are the true owners of the real property known as Birch Property that is subject to this action. (See id. at 8-10.) Plaintiffs allege that they purchased Birch Property in 2007 under the name of Abraham Oseguera's sister, Defendant Maria Oseguera. The title to Birch Property was in her name. (See id. at '1 15-16). There were specific conversations between Defendant Ivan Caballero and Plaintiff Abraham Oseguera on April 20, 2020, where Plainti...

Excerpt: ... relatively junior attorneys are not reasonable; and (4) Plaintiffs overstaffed the case causing excessive fees to be incurred. ANALYSIS Civil Code S 1717 permits the party prevailing on the contract to recover "reasonable attorneys fees." Defendants claim that Plaintiffs' claim of $731,380 in attorney fees is unreasonable and should be reduced for four reasons. Each reason is addressed in turn. 1. Whether the Fee Agreement Allows for Prelitigati...

Excerpt: ...n May 8, 2015. (FAC, '111.) Plaintiff was forced to sign a vendor credit application that placed a personal guarantee against Plaintiff and the CEO. (ld. at 12.) On June 30, 2016, Plaintiff was required to sign an indemnification agreement for the personal guarantees, and Platinum obtained indemnity insurance from defendants Admiral and QBE (collectively "Insurance Defendants") for its directors and officers. (ld. at '1 13.) Plaintiff was told th...

Excerpt: ...breach of contract. The contract in question is a commercial lease (the "Lease") for approximately 39,700 square feet of the subject property, approximately 23% of the building. A copy of the Lease is attached to the complaint as Exhibit A. The complaint alleges that Defendant breached the Lease by not paying rent for the full term—i.e., through October 31, 2022. Instead, Defendant allegedly "vacated and abandoned" the rented portion of the sub...

Excerpt: ... Plaintiff went to the Restaurant, a place of public accommodation and a business establishment, intending to "avail himself of its goods, services, privileges or advantages" but also "motivated in part to determine if the Defendant complies with the disability access laws." (Compl., 8, 9.) Plaintiff qualifies as a "high- frequency litigant as defined by [Code of Civil Procedure section] 425.50[, subdivision] [He] is an ADA advocate and tester as...

Excerpt: ...censed physicians. (See complaint, GN-I at '1 1.) Defendants were negligent in their treatment of Plaintiff, who sustained damage as a result of the Defendants' improper treatment of a dislocated toe which later had to be amputated. (ld., at '1 2.) Defendants were the proximate cause of damages to Plaintiff. (ld., GN-I.) Plaintiff has suffered and continues to suffer pain, emotional distress, anxiety, depression, an inability to work at full capa...

Excerpt: ...ployee Melissa Bearden ("Ms. Bearden") "loudly proclaimed" that Plaintiff had "engaged in sexual activity with [Elizabeth] ... which embarrassed both Plaintiff and [Elizabeth]." (Compl., Ex. 1, '13.) Plaintiff immediately stated that the claims were not true "while there were many people present when this statement was made" and Defendants also told Ms. Bearden to stop. (Ibid.) Elizabeth, a manager at Yoga Source, also told Plaintiff she would sp...

Excerpt: ...licon City ("KW") and escrow closed on April 1, 2022. (See XC, 15.) Subsequently, Ly discovered multiple undisclosed defects at the property regarding dangerous electrical and structural issues, and was damaged because CSI's principal, Cuanuhtemoc Martinez ("Martinez") represented to Ly that the subject property was a newly built home, when in fact it was a remodel, as the permits show, and the value of the home was less than she paid because of ...

Excerpt: ...ney through coercion, pressure and exploitation of his worsening dementia. Defendant has cross-complained claiming that Plaintiff has breached his promise to financially support her for the remainder of her life. MOTION Defendant propounded requests for production of documents and communications seeking investment, real estate, business interest, loan, insurance and money-transfer transactions from January 2016 to the present. Defendant asserts t...

Excerpt: ...or by the court, of the existence of a matter of law or fact that is relevant to an issue in the action without requiring formal proof of the matter." (Poseidon Development, Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1105, 1117.) In support of the motion, Defendants request judicial notice of the following: (1) Plaintiff's complaint; (2) Defendants' answer; and (3) the request for dismissal entered with prejudice as to defendant Le...

Excerpt: ...intiffs to defer collection of their billings, and Plaintiffs initially obliged; however, as their legal needs expanded, Plaintiffs began requiring progress payments as a condition of both continued representation and continued delay of legal action on the accrued balance. (See complaint, 16-17.) In addition to legal service invoices, Plaintiffs sent accountings to Defendants periodically. (See complaint, '1 18.) Defendants did not question the a...

Excerpt: ...of the signing of the loan agreement, Modesto Duran was in the hospital recovering from COVID; however, Zoe Hamilton, MF's representative, pressured Marisela to forge Modesto's signatures on the loan agreement. (See FAC, 35.) Defendants forced Plaintiffs to execute a promissory note— secured by a deed of trust to the home and Plaintiffs' commercial property at 373 South Twenty-Fourth Street in San Jose ("Commercial Property") for Plaintiffs' au...

Excerpt: ...ral defect, as Defendant was able to fully reply and has not prejudiced. Plaintiffs are reminded to comply with all rules of court going forward. Defendant next opposes the moton claiming that Plaintiffs have failed to meet their burden under S 3295(c). This provision states: No pretrial discovery by the plaintiff shall be with respect to the [financial condition of the defendant] unless the court enters an order permitting such discovery pursuan...

Excerpt: ...ective and was negligently repaired. Plaintiffs allege four causes of action under the Song-Beverly Consumer Warranty Act against FCA, the manufacturer of the car. Plaintiffs allege a single cause of action for negligent repair against Mathew Enterprise, an authorized repair facility. The sales contract for the car includes an arbitration agreement between the Plaintiffs and the dealer, the only signatories to the agreement. The arbitration agree...

Excerpt: ...ntity plaintiffs (collectively, "Plaintiff Companies"). (See complaint, "1 4-8.) Plaintiff Lam Hauling, Inc. ("Lam Hauling") is a junk hauling company. (ld., at '1 4.) Plaintiff Lam Supply, LLC ("Lam Supply") is a fence and steel supply company. (ld., at '15.) The remaining three plaintiffs are all real estate investment companies: Hung Nga Enterprise, LLC ("Hung Nga Enterprise"); Lam Group International, LLC ("Lam Group International"); and Sent...

Excerpt: ...agreement to sell the stock of Allied Aire Service, Inc. to defendant RH BAS, lnc„ whose president was defendant John Akhoian (collectively, "Defendants"). (ld., at 7.) Defendants materially breached the agreement. (ld., at "1 21, 23.) On October 11, 2022, Plaintiff filed the operative complaint in this case alleging causes of action for: (1) breach of contract; (2) specific performance; (3) declaratory relief; (4) failure to pay wages in viola...