Excerpt: ...nts LLC (collectively, the “Gong Defendants”) in “multiple protracted complex litigations” involving residential property located at 2276 Bentley Ridge Drive in San Jose (the “Property”).1 (Complaint, ¶¶ 1, 9.) In 2015, Jason Pacheco and Shanna Pacheco (collectively, the “Pachecos”) sued the Gong Defendants over a dispute regarding the Property. (Complaint, ¶ 12 -14.) David Hamerslough represented the Pachecos in the underlying...

Excerpt: ...a fraudulent sc heme to retire senior water rights vis- à-vis duplicitous water claims….for the construction and massive expansion of a luxurious private urban development” in Salt Lake City, Utah. (Complaint ¶ 2.) On September 26, 2014, Plaintiff filed suit under the Fed eral Claims Act in the Federal Court for the District of Utah relating to a public drinking water system in Salt Lake County operated by the Emigration Canyon Improvement...

Excerpt: ...e Fenton”). Pursuant t o California Rule of Court 3.1308, the Court issues its tentative ruling. I. Background This is an action for fraudulent conveyance. According to the allegations, on November 25, 2014, Martin and Hoge Fenton entered into an agreement in which Hoge Fento n agreed to represent Martin in an underlying action, which was a real property dispute between Martin's father and Mark and Paul Watts related to property located at 3156...

Excerpt: ...actions whe re there is a common question of law or fact pending in the same court. CCP §1048(a). In considering a motion for consolidation, the court should consider the timeliness of the motion, the complexity of the case, and prejudice. See State Farm Mut. Auto Ins. Co. v. Superior Court (1956) 47 C.2d 428, 430- 432. Jane Doe's motion is timely and the two actions concern the same property and involve overlapping parties. However, LHP 2019 wi...

Excerpt: ...choscopy. (SA C ¶ 2.) While Dr. Nathan was under anesthesia, the anesthesiologist left him for crucial minutes, during which time the internist made a mistake, and Dr. Nathan suffered a stroke. (SAC ¶ 22.) Failing to detect the stroke, Stanford staff wrongly concluded t hat Dr. Nathan had suffered a heart attack and did not conduct a physical or neurological examination until 48 hours after the procedure. Dr. Nathan was released on March 16, 20...

Excerpt: ..., previ ously doing business as Lifestyle Hospitality Inc., provides case goods, seating, millwork, various types of furniture and related items and services to the hospitality industry. (Complaint, ¶¶2, 3, and 11.) Defendant ECD -Great Street DE, LLC dba theWit Ch icago (“Defendant”) has a principal place of business at 250 Parkway Drive, Suite 120, in Lincolnshire, Illinois. (Complaint, ¶4.) Defendant owns and/or operates one or more hot...

Excerpt: ...rtment between A ugust 25, 1997, and July 7, 2015. (Separate Statement of Undisputed Material Facts in Support of Plaintiff's Motion for Summary Adjudication (“SSUMF”), ¶1.) She was promoted to senior accountant on June 30, 2014, and remained in that position until her retirement. (Id., ¶2.) As both an accountant and senior accountant, Defendant's responsibilities included maintaining Cupertino's general ledger accounts and performing bank ...

Excerpt: ... and Housing Act (“FEHA”). (FAC, ¶ 9.) Plaintiff worked for the County's Probation Department at James Ranch. (FAC, ¶ 10.) In March 2020, he requested accommodations to work from home or to be transferred to a position that would allow him to work from home as an accommodation for his disability and being in the high -risk category for COVID -19. (FAC, ¶ 12.) Plaintiff alleges Defendants initially offered to compensate him with paid admini...

Excerpt: ...�PCM”) is a busines s entity operating in Ocean Shores in the state of Washington. (Complaint, ¶3.) Defendants Fred Smith, John Gaston, David Eagen, Diane Dobson, and Michelle Womack are individuals residing in Ocean Shores, Washington, and together they form PCM's board of directors.1 (Complaint, ¶¶4 -8, 14.) Plaintiff Herman is a financial consultant, and plaintiff Cole is in the business of hotel management. (Complaint, ¶¶12 -13.) On 1...

Excerpt: ...information techn ology services company headquartered in San Jose. (FAC, ¶ 10.) Plaintiff Jai Kumar was hired in November 2013 and held various positions in the company over the following six years until he was terminated in December 2019. (FAC, ¶¶ 10, 11.) Plaintiff alleges Jade Global wrongfully demanded that he not discuss concerns about his compensation with other employees on the grounds that doing so would be in violation of company pol...

Excerpt: ...i nt In the operative first amended complaint (“FAC”), plaintiff Chicago Title Company (“CTC”) alleges on or about 27 July 2019, defendant 28th St Villa Apts, LLC (“Buyer”) and defendant Green Villa Apartments, LP (“Seller”) entered into an agreement for the sale of real property located at 1319 Tripp Avenue in San Jose (“Property”) from Seller to Buyer. (FAC, ¶¶9 – 10.) Between July 2019 and November 2019, plaintiff CTC ...

Excerpt: ...t issues its tentative ruling. I. Background This is an action for quiet title. Plaintiffs own real property at 1711 B Marshall Ct in Los Altos (the “Property”). (Complaint, ¶ 4.) Plaintiffs allege the basis of their title is fraudulent transfer of Severino Estillore's interest in the Property circa 1998. (Ibid.) Plaintiff seeks to quiet title to the Property against all adverse claims. Plaintiffs initiated this action to quiet title on Octo...

Excerpt: ...ng as follows. I. Backgro und This is action arises out of alleged sexual abuse suffered by Plaintiff when she was a student at St. Aloysius. (TAC, ¶ 28.) In 1997, when Plaintiff was four years old, she participated in school related and after -school activities at St. Aloysius. (TAC, ¶¶ 30.) Father Benedict Van Der Putten (“Van Der Putten”) was a priest at St. Aloysius and he sexually abused and assaulted Plaintiff multiple times from 199...

Excerpt: ...ls) he noted ther e was road work marked by orange cone on the shoulder of the road and noticed a steel plate across the outbound lanes. On the ride back, Plaintiff was traveling 25 mph when he got to the condition and saw that the steel plate across the inbound lanes did n ot fully cover the trench and left two shallow cutouts on either side of the asphalt. (Plaintiff's Response to Defendant's Separate Statement of Undisputed Material Facts (“...

Excerpt: ...d and unfair busi ness practices. According to the TACC, crossdefendant Jalal Shreim (“Jalal”) was the sole shareholder, president, and CEO of Friendly Wholesalers of California (“FWC”), formerly a successful rug business in San Jose.1 (TACC, ¶¶ 2, 4.) Crossdefendant Moh amad Shreim (“Mohamad), is Jalal's son and he was the sole proprietor of SeeMoCars, a used car dealership. (TACC, ¶ 3.) SeeMoCars was evicted from its location and M...

Excerpt: ...er, or managing agent of Sierra. Paragraph 6 of Plaintiff's Sierra employment agreement, which he does not dispute he signed at the time he was employed, is titled “Mutual Agreement to Arbitrate Claims” and states in the only boxed text in the agreement: “This disp ute resolution agreement is a contract and covers important issues related to ES's [employee's] rights. It is ES's sole responsibility to read it and understand it. ES is free to...

Excerpt: ...�Property). Steleco LLC and Kipling Post LP were the owners (collectively, the “Owners”) of the Property and KOA was the project architect. (SACC, ¶¶ 8 -9.) The Owners filed a cross -complaint against DPR for breach of written contract, which alleges various construction deficie ncies and damages for breach of contract. (SACC, ¶ 12.) Plaintiff Pacific States Environmental Contractors, Inc. (“Pacific States”) initiated this action a...

Excerpt: ...ssues its tentativ e ruling. I. Background This action arises from the tragic death of Mr. Henry Gonzales. On May 26, 2021, a mass shooting occurred at a SCVTA's railyard in San Jose. Mr. Henry Gonzales (Decedent) was employed by SCVTA and present on the day of the shooting . Mr. Gonzales witnessed the murder of his co -workers, and/or saw his co -workers within minutes after they were murdered, causing him to suffer severe emotional and psycholo...

Excerpt: ...operty at 374 Surber Dr. in San Jose (the “Property”). (Complaint, ¶ 7.) Defendant Rochelle Deleersnyder is real estate salesperson working with NRT West, Inc. dba Coldwell Banker (collectively “Coldwell”) and defendant Nakul Kapoor is a real estate salesperson worki ng with Intero Real Estate Services, Inc. (collectively “Intero”). (Complaint, ¶¶ 2, 3.) Coldwell and Intero were the designated listing agents for the Property on beh...

Excerpt: ...d she was owed, and Ward later entered a settlement with Cytobank. Cytobank filed an action for interpleader, deposited the amount of lien Costanzo obtained against Ward's recovery, and named Ward, the Constanzo Law Firm, and the McClure Law Firm as defendants. W ard initiated a fee arbitration, and the arbitrators found Costanzo was not entitled to fees. Ward had already paid the arbitration fee, and the arbitrators ordered that Ward be respons...

Excerpt: ...rtyards”). Plaintiff is an owner within the Courtyards. All owners within the Courtyards are members of Eagle Ridge Owners Association (“Association”) and subject to the Eagle Ridge Declaration of Covenants, Conditions and Restrictions (“CC&Rs”). The Courtyards are also subject to the Declaration of Annexation and Supplemental Restrictions for The Community of Eagle Ridge (“Supplement”). The Supplement mandates that the Association ...

Excerpt: ... and Pla intiffs surrendering the vehicle. The parties could not agree on an amount of reasonable fees and costs, thus this motion followed. II. Legal Standard An attorneys' fee award to the prevailing party is mandatory under the Song -Beverly act: “If the buye r prevails in an action under this section, the buyer shall be allowed the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including ...

Excerpt: ...iff entered a n investment advisory agreement with Clarity Wealth Advisors, LLC (“Clarity”) through its agent and owner Mr. Dalal. (FAC ¶ 20.) Pursuant to the agreement, Clarity agreed to provide investment advice to Plaintiff. (FAC ¶¶ 21 -22.) At all times relevant, Def endant Dalal was also a member of Casa Blanca Investments, LLC (“Casa Blanca”) and its agent. (FAC ¶ 41.) In October 2018, Mr. Dalal advised Plaintiff to invest in Ca...

Excerpt: .... Plaintiff Eftychios Theodorakis alleges that he was employed by Defendant Dfinity as a software engineer in August 2018. (Complaint, ¶11.) Dfinity is a wholly owned subsidiary of Dfinity Stiftung, a not -for - profit foundation with its principal place of business in Zurich, Switzerland (“Dfinity Foundation”). (Complaint, ¶¶2, 3, 11.) Dfinity is a decentralized network design whose tokens are a form of digital currently similar to ...

Excerpt: ...9, Plaintiffs purchased real property located at 710 North Winchester Boulevard in Santa Clara (the “Property”). (TAC, ¶ 1.) Samantha Landon was the Sellers' real estate agent and Excel was the real estate broker for the Sellers. (TAC, ¶ ¶ 4, 5.) Walter E. Mc Guire Real Estate was the real estate broker. (TAC, ¶ 6.) Morgan Ann Amos Manos was Plaintiffs' real estate agent on the Property under the brokerage of McGuire. (TAC, ¶ 7.) On Apri...