Excerpt: ...he common areas. A ccording to the allegations of the verified complaint, Plaintiffs are the record owners and residents of the condominium unit located at 175 W. Saint James St., Unit 105, San Jose, California (“Property”). (Complaint, ¶ 1.) The Property is part of a common interest development (“CID”) managed by the Association in accordance with its Governing Documents. (Complaint, ¶¶ 2 -3.) Defendant Christopher Gunnucio is the Pr...

Excerpt: ...s entered into a written lease agreement for a commercial space located in Angeles City, Philippines and owned by Defendant (“Property”). (Complaint ¶ 1) Both parties are residents in the State of California and the lease agreement was signed in California. The lea se agreement contains a choice -of -law provision stating “[t]his agreement is to be governed under the laws located in the State or Country where the premises is located.” (C...

Excerpt: ...'s activiti es relative to particular property. In this lawsuit, Plaintiff seeks a declaration that he is entitled to these distributions and preliminary relief preventing transfer of the property. Plaintiff recorded a lis pendens on the property, which defendant seek s to have expunged. The parties hotly dispute virtually every aspect of Plaintiff's allegations, including how Plaintiff came to be involved in the project, whether Plaintiff is eve...

Excerpt: ...fs do not di spute that they signed the transfer agreement knowing what the agreement was for or that the transfer agreement incorporates all the terms and conditions of the customer agreement. Nor do Plaintiffs dispute that the customer agreement they assumed includes this arbitration clause: Most customer concerns can be resolved quickly and amicably by calling Our customer service department at (877) 404 -4129. If Our customer service departme...

Excerpt: ...legations of the 5AC, Wilson was employed by SoundHound from November 29, 2011, to August 30, 2019. (5AC, ¶ 19.) SoundHound is a digital voice application company that enables humans to speak naturally to their smartphones and other devices. (5AC, ¶ 19.) Wilson was initially h ired as a Principal Engineer and later he was promoted to Architect. (5AC, ¶ 20.) He created a significant amount of SoundHound's intellectual property, and he was an i...

Excerpt: ... County since 2008. (FAC, ¶ 20.) In May 2018, Plaintiff transitioned to the Sheriff's office as a Management Analyst, on December 17, 2018, she was promoted to Senior Management Analyst, and on January 28, 2019, she was promoted to Program Manager II. (FAC, ¶ 21 -22. ) Sheriff Laurie Smith was one of Plaintiff's supervisors. (FAC, ¶ 13.) In January 2020, the District Attorney investigated misconduct in the Sheriff's Department, which included ...

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: ...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: ...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: ... 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: ...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: ..., 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: ...�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: ...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: ...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: ...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...

Excerpt: ...ehavior by a s enior executive as required by Samsung internal policies and was promptly fired in retaliation for this protected activity. Mo filed his Complaint on December 2, 2022, asserting (1) unlawful retaliation in violation of public policy, (2) wrongful termination in violation of public policy, and (3) discrimination and harassment. Samsung filed an answer on February 6, 2023, denying all allegations and asserting in its fifteenth af...

Excerpt: ... victims and killed two others. Grace Solutions provides emergency shelter for the unhoused throughout San Jose, CA. (RSSUF Nos. 1 & 2) In 2021, Grace Solutions entered into an agreement with Defendant GRACE BAPTIST CHURCH to utilize their space for Grace Solutions' emer gency shelter for the unhoused. (RSSUF No. 3) At the time of the incident, Grace Solutions had seven employees, including Mr. Chelley, and a number of volunteers working at the p...

Excerpt: ...tion.” (See also Department of Forestry & Fire Protection v. Howell (2017) 18 Cal.App.5th 154.) There are four types of terminating sanctions: (1) striking pleadings in whole or in part; (2) staying further proceedings by a party until it obeys a discovery order; (3) dismissing the action or part of it; and (4) rendering a default judgment. (Code of Civ. Pro. §2023.030(d).) An issue sanction either orders that designated facts be taken as esta...

Excerpt: ...zemipour lied about investment opportunities, which caused Plaintiff to invest money with him that Kazemipour spent on unauthorized personal expenses and travel. (FAC, ¶ 21.) With the assistance of defendant Troy Foster, Kazemipour defrauded Plaintiff out of approxima tely $750,638. (Ibid.) On information and belief, Tirgari alleges from 2019 to 2021, Kazemipour used funds from their joint investment account for his own personal benefit and the...

Excerpt: .... App. 4th 1272, 1283 (citations omitted).) “The petitioner bears the burden of proving the existence of a valid arbitration agreement by a preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. [Citation.] In these summary proceedings, the trial court sits as a trier of fact, weighing all the affidavits, declarations, and other documenta...

Excerpt: ...rike the TACC; (3) defenda nt Hudson Insurance Company's (“Hudson”) motion to strike the TACC; and (4) Hudson's motion for sanctions against Abdo. Pursuant to California Rule of Court 3.1308, the Court issues its tentative ruling. I. Background This is an action for fraud and unfa ir business practices. According to the TACC, crossdefendant Jalal Shreim (“Jalal”) was the sole shareholder, president, and CEO of Friendly Wholesalers of Cali...

Excerpt: ...urt granted both motions. Plaintiff now asks the Court to vacate its grant of summary judgment for Flowers pursuant to Code of Civil Procedure 473(b) because Plaintiff mistakenly filed her opposition to both motions late because she thought both motions were s et for January 22, 2024. Plaintiff's request is denied. While Plaintiff is correct that the Court declined to exercise its discretion to consider Plaintiff's late filed opposition because...

Excerpt: ...ges “[d]eff ects and nonconformities to warranty manifested themselves within the applicable express warranty period, including but not limited to, transmission defects, infotainment defects, body defects; among other defects and non -conformities. Plaintiff filed th is action on September 7, 2023, asserting various statutory claims, fraudulent inducement, and negligent repair. Plaintiff now seeks to compel FMC to produce further documents in ...

Excerpt: ...chael Maidy's, Timothy Cox's, Martin Pichinson's motion for summary judgment, and (6) Feeva Technology Inc.'s motion for summary judgment, against Cross- Defendant, Peter Kleidman. Pursuant to California Rule of Court 3.1308, the Court issues its tentative ruling. I. Bac kground This is an action for breach of settlement agreement allegedly entered to resolve lawsuit CrossDefendant Kleidman filed in 2013. According to the Cross- Complaint brough...

Excerpt: ...der”) alleges on February 10, 2022, Lender's predecessors -in -interest entered into a loan agreement (the “Loan”) for up to $3,262,500.00. (Complaint, ¶ 7.) The borrower executed a secured note (the “Note”) in which they agreed to pay the original lender the principa l amount of $3,262,500.00 plus interest, costs, and attorneys' fees. (Complaint, ¶ 8.) To secure payment under the Loan and Note, the borrower pledged to the original le...

Excerpt: ...d and wa s responsible for maintaining the roadway and contracted with Defendant MasTec North America, Inc. (“MasTec”) to dig and/or maintain trenches or tunnels for electrical components near where Plaintiff's accident occurred. (Complaint, ¶¶10 -11.) According t o Plaintiff, MasTec contracted with Smart Communications Systems, LLC (“SCS”) to assist and oversee the construction, including resurfacing the roadway at the accident locatio...

Excerpt: ... this lawsuit. Wh ile this case was pending, Mr. Wu left Bitmain and is now the Chief Executive Officer, Chief Financial Officer, and Secretary of Non- Party Bitdeer. Bitmain has evidence from its discovery of Cryplex that Cryplex contacted Mr. Wu at Bitmain to discuss this lawsuit, including “litigation funding”, “acquisition of claims”, or “business transactions.” Bitmain seeks to obtain further discovery on these topics directly fr...

Excerpt: ...) failure to provide meal periods, (6) failure to provide rest breaks, (5) failure to pay wages due upon termination; (8) failure to issue accurate and itemized wage statements, (9) failure to indemnify, and (10) unlawful business practices in violation of California Business and Professions code § 17200. Defendant asserts this matter must be sent to arbitration and the litigation stayed because Plaintiff entered an arbitration agreement at the ...

Excerpt: ...r Velador Zuniga are mother and son. Esther Zuniga is the Trustee of the Ester V. Zuniga Revocable Living Trust Dated December 20, 2004 (“Trust”). Defendant Alesia Murrieta is the Successor Trustee under the terms of the Trust and Esther Zuniga's granddaughter. The facts are not disputed. Esther Zuniga and her ex -husband, Plaintiff's father, purchased the Property as their residence in 1972. On July 2, 2003, Plaintiff's father/Esther Zuniga'...

Excerpt: ...ve rulings below. I. Background This is a personal injury matter arising out of incidents that occurred during Plaintiff's incarceration. On August 7, 2020, a deputy twisted Plaintiff's wrist over tightened handcuffs, causing injury. (SAC, p. 40; Attachment to Co mplaint, p. 4.)2 On October 3, 2020, another deputy challenged Plaintiff because he refused orders to confront another inmate. (Ibid.) Plaintiff identifies another incident on October 2...

Excerpt: ...in user -in terface (“UI”) designs, via email to provide UI design services for his project, which would later become known as Zoom. The email designated Plaintiff as “UI consultant,” and his job was to provide his professional opinions and make recommendations for im proving the product's UI. Between October 27, 2011, and October 29, 2011, Mr. Yaun and Plaintiff exchanged emails regarding contract terms, eventually entering a Shares -for...

Excerpt: ...Lua. (Complaint, p. 4.) Lua initiated this action on December 3, 2021, asserting claims for negligence and premises liability. On October 4, 2023, Seaside filed the instant motion, which Lua opposes. II. Evidentiary Objections Lua's objections to Seaside's evide nce do not need to be ruled upon because they do not comply with Rule of Court 3.1354. Rule 3.1354 requires two documents to be submitted when evidentiary objections are made: the object...

Excerpt: ...reholder of a separate entity, Cynthi.io Inc. Google's termination letter —sent only to Mr. Willaims —accuses Plaintiff of conducting work for Cynthi.io using Google's time and resources, including his corporate laptop. Plaintiff vehemently denies very sentence o f the termination letter, referencing both his pre -hiring correspondence with other Google personnel and his cooperation during Google's investigation of this alleged conflict of i...

Excerpt: ... Way in Stanford, County of Santa Clara (“Property”.) The Property is owned by Plaintiff as part of its housing program located in a 450 -acre subdivision and used exclusively to provide subsidized housing for eligible faculty. (FAC ¶¶ 3, 8, 33.) On August 21, 2018, P laintiff entered into a ground lease agreement with the Faculty Lessee for a term of 51 years. Plaintiff reserved a significant ongoing interest in the Property and granted o...

Excerpt: ...ourt 3.1308, the Court issues its tentative ruling. I. Background Plaintiff claims he is a “federal whistleblower in what [is] alleged to be the longest and most lucrative water grab [] in the State of Utah.” (Complaint ¶ 1.) According to the complaint, Defendants “perpetuated a fraudulent scheme to retire senior water rights vis- à-vis duplicitous water claims….for the construction and massive expansion of a luxurious private urban dev...

Excerpt: ...) loaned Plaintiff $620,000 (the “Loan”) subject to a promissory note (“Note”) secured by real property located at 11820 Foothill Avenue in Gilroy (the “Property”).1 (SAC, ¶¶ 1, 10.) A Deed of Trust was recorded on December 16, 2016. (SAC, ¶ 11.) In 2018 and 2020, Mil estone Financial imposed amended terms for the Loan and Plaintiff had no choice but to agree to the demands each time. (SAC, ¶ 13.) The 2020 Amended Loan Agreement c...

Excerpt: ...nt, ¶ 1.) Dr. Asllani is a Kosovo resident, doctor, and human rights activist, who has documented human rights violations in the Western Balkans for the past 30 years. (Complaint, ¶ 3.) Plaintiffs allege Google discriminated against the Albanian language by excl uding it on Google platforms and failing to support it on Google Ads and Google Adsense. (Complaint, ¶¶ 9 -12.) In 2014, the Director of Google Adriatic visited the Republic of Kosovo...

Excerpt: ...nt inc reased the interest rate from 1% to 5%, they declined to move forward with the loan, and the loan was never funded. Defendant claims the loan agreement was made between Plaintiff Van Tu's brother and Defendant in 2015. In the course of researching a pos sible refinance of the property, Plaintiffs discovered the short form deed for $200,000 was filed against their property and filed this lawsuit to quiet title. On August 13, 2021, Plaint...

Excerpt: ... again st Emil Eshagh and The Perfect Finish Inc. (“Perfect Finish”) in the amount of $50,733.28, for breach of contract, fraud, and other causes of action. Emil Eshagh was/is involved in the operation of The Perfect Finish. (Complaint, ¶ 11.) Plaintiffs had contracted Perfect Finish to design, build, and install kitchen and bathroom cabinets. (Complaint, ¶ 9.) On May 1, 2023, during a debtor's exam, Mr. Eshagh claimed (1) Earthlime Inc. wa...

Excerpt: ...s father and his mother Adrienne, as joint tenants, gifted property located at 2960 Sierra Road in San Jose (the “Property”) to Tyler and his wife, Leticia Kawamoto. (SAC, ¶ 10.) On April 30, 2007, Tyler and Leticia paid Tyler's parents $350,438.87 for the Property, and they continued to make mortgage payments of $1,500 per month. (SAC, ¶¶ 11 -12.) On June 6, 2008, Tyler's father passed away. (SAC, ¶ 13.) On November 12, 2008, Adrienne tr...

Excerpt: ...d oral argument, the Court essentially found for Petitioners. The arbitrator's interim award states: Arbitrator awards Claimants $13,504.00 as damages for breach of the HIA, plus costs in the amount of $748.32, plus attorney's fees according to proof. Claimant shall submit to Arbitrator an itemized statement of attorney's fees incurred showing the attorney's hourly rate, the date the work was performed, the work performed, and the amount of time ...

Excerpt: ...lleges Purvis breached his Þduciary duties to StormQuant when “he walked o
¯ the job with no notice or e
¯ort to protect StormQuants interests” and engaged in self-dealing to enrich himself and others, including his spouse. (Id.) StormQuant alleges Purvis “developed a scheme” to create employment agreements that would only be o
¯ered if StormQuant obtained $5 million in funding from an investor. (Complaint, ¶ 7.) StormQuant alleges ...

Excerpt: ...ackground 1. Complaint According to the Complaint, the Falcocchias engaged in unpermitted work on their residential property in violation of the City's municipal code. An administrative hearing was held before the City's Appeals Hearing Board (the “Board”). The Board ordered the Falcocchias to obtain City approval, including permits and inspections, for work done on their property. The Board also assessed administrative costs and penalties, i...

Excerpt: ...ca's (“BUPTAAA”); and iTalk Global Communications, Inc.'s (“iTalk”) special motion to strike Plainti
¯ Ning Yu's First Amended Complaint. California Code of Civil Procedure section 425.16(c) states: “a prevailing defendant on a special motion to strike shall be entitled to recover his or her attorneys' fees and costs.” (Cal. Code Civ. Pro. §425.16(c) (emphasis added).) Given the mandatory nature of these fees and costs, the only iss...

Excerpt: ...��)2, property located at 4234 Pomona Avenue in Palo Alto (the “Pomona Property”)3, and property located at 2972 Clara Drive in Palo Alto (the “Clara Property”). The Clara Property is at the center of this Complaint. In 2002, Sherry and Lisa purchased the Clara Property. (Complaint, ¶ 16.) Mei and her late husband, Ying, put up the $300,000 down payment for the Clara Property as a gift to their daughters, who are each 50% owners. (Compla...

Excerpt: ... Aaron Michael Cox was a Harker employee, as a dorm parent and/or sta
¯ member, and he sexually assaulted and abused Plainti
¯ on at least 10 occasions over a year when Plainti
¯ was 10 years old. (Id.) Plainti
¯ initiated this action on December 2, 2022, and on July 20, 2023, he Þled his TAC asserting: (1) negligence; (2) negligent supervision; (3) negligent hiring and/or retention; (4) negligent failure to warn, train, or educate; (5) inte...

Excerpt: ...Vehicle”), which was manufactured and/or distributed by FMC. (TAC, ¶ 6.) In connection with the purchase, Plainti
¯s received an express written warranty, including a 3-year/36,000 mile express bumper to bumper warranty and a 5-year/60,000 mile powertrain warranty, which covers the engine and transmission. (TAC, ¶ 8.) During the warranty period, the Vehicle contained or developed defects, including but not limited to, defects related to the ...

Excerpt: ...f boarding a ßight back to her home in the State of Washington. (Deposition of Shannon Krzycki (“Krzycki Depo.”) 72:5-10.) As Ms. Krzycki waited for her ßight to begin boarding, she sat in a bank of seats across from a restroom near Gate 13 with several traveling companions, including Ken Erickson, Adam Berns, and Alessandra Berns. (Krzycki 72:21-74:13; Deposition of Adam Berns (“ Adam Berns Depo.”), 26:1-10; Deposition of Ken Erickson ...

Excerpt: ... 2019, he was diagnosed with bipolar disorder and post-traumatic stress disorder for which he had been hospitalized several times. (Ibid.) In 2019, Plainti
¯ was a graduate student at Stanford University in the neuroscience Þeld. (TAC, ¶ 14.) On March 9, 2019, he believed he was su
¯ering a bipolar episode and presented to Stanford Hospital for voluntary admission. (TAC, ¶¶ 15-16.) During his stay, he was prescribed medications that were no...

Excerpt: ...m Glenfora, Royal Farms was to cultivate the hemp, Glenfora was to sell the hemp, and the parties were to share in the proÞts. Royal Farms alleges it had to destroy a substantial portion of the crop because it was unhealthy and that some portion of the seeds produced hemp not authorized for sale under California law. Royal Farms brings claims against Glenßora and Glenßora members Kevin Moore and Kenneth Tersini. Kevin Moore demurrers to the fr...

Excerpt: ...Pico provided design services to V-Silicon in exchange for $900,000 in service fees. (Complaint, ¶ 11.) Pico fully performed its obligations under the Agreement, but V-Silicon only paid $500,000 in service fees. (Id., ¶ 12.) Pico issued two invoices on October 19, 2019 and January 2, 2020, each for $200,000. (Ibid.) V-Silicon's CFO, Linda Nie, acknowledged receipt of the October 29, 2019 invoice and planned to make payment in December 2019. (Ib...

Excerpt: ...SAC, in August 2004 Turner purchased property located at 315 Grandpark Circle in San Jose (the “Property”), which was secured by a Deed o f Trust (“DOT” ) originally h eld by World Savings Ban k. ( SAC, ¶ 10 .) Shellpoint and Trinity Financial Services, LLC1 later acquired the DOT. (Ibid.) Since 2013, Turner has repeatedly attempted to modify her loan without success. (SAC, ¶ 11.) Turner alleges that “Defendants” recorded a Notice o...

Excerpt: ...endants in this action, was one of the three owners of the commercial building located at 201225 Hamilton Avenue, Palo Alto, CA (the “Property”). On February 28, 2014, Carol Mullen, along with the other two landlords, Don B. Mullen and Scher Holdings, LLC, leased the Property's Þrst ßoor and basement (the “Premises”) to IFTF. (IFTF's Responses and Objections to Defendant's Separate Statement of Undisputed Facts (“IFTF SS” No. 3.) Th...

Excerpt: ...arranty from America Honda Motor Co., Inc. (“Honda”). Plainti
¯ alleges the Vehicle was sold with “serious defects and nonconformities to warranty and developed other serious defects and nonconformities to warranty including, but not limited to, electrical system defects.” Plainti
¯ Þled this action against Honda on June 22, 2023, asserting three causes of action under the Song-Beverly Act. Plainti
¯ now brings this motion to compel H...

Excerpt: ... and developed other serious defects and nonconformities to warranty including, but not limited to, exterior and body component defects, infotainment system defects, electrical defects, and other serous nonconformities to warranty.” (Complaint, ¶ 18.) At the time of purchase, Plainti
¯s entered a Retail Installment Sale Contract (“RISC”). (Declaration of Raymond Kim, ¶ 3, Ex. 1.) The RISC contains the following arbitration provision: ARB...

Excerpt: ...2015 pursuant to the “Prime Contract”, BBII became the general contractor on a construction project to retroÞt, upgrade, and replace major equipment at the existing Rinconada Water Treatment Plant (the “Project”) for the Santa Clara Valley Water District (“Owner”). (BBII's Separate Statement of Undisputed Material Facts (“BBIISS” No. 1; Declaration of Erin Lackey, (“Lackey Decl.”) ¶ 4.) In September 2015, BBII entered into a...

Excerpt: ...s action arises out of the death of Michael Sirota and is brought by Shinkarsky, Sirota's wife, on behalf of herself and her two minor children. (Complaint, p. 6.) On March 10, 2022, Sirota was driving in Sunnyvale when he began to experience chest pains. (Ibid.) He called 911 but the call was disconnected. (Ibid.) His second call was patched through to Sunnyvale Department of Public Safety (“DPS”) and it lasted about eight minutes during whi...

Excerpt: ...) According to the TAC, Plainti
¯'s p e t i t i o n f o r d i v o r c e w a s Þled on January 7, 2014, and she and her former spouse needed to sell the Property as part of their marital dissolution. (TAC, ¶¶ 16, 18.) Plainti
¯ was distraught at the prospect of losing the home she had lived in for 16 years. (TAC, ¶ 19.) In December 2016, a mutual friend introduced Plainti
¯ and Mr. Xie, who had Þled for dissolution of his own marriage. (TA...

Excerpt: ...ed recorded on August 23, 2017, Madeleine Tashjian and Dutchints Development, LLC ("Dutchints") acquired title and interest to the Property. (Declaration of Brent Roles ["Roles Decl."l, 2, Ex. 1; UMF No. 1.) In December 2017, Madeleine and Dutchints entered a loan agreement with a group of private lenders that was secured by a deed of trust recorded against the Property ("First DOT"). (Roles Decl. '1 3, Ex. 2; UMF No. 2.) In December 2017, Madele...

Excerpt: ...ed by GM. (FAC, 6.) In connection with the purchase, Plaintiff entered a warranty contract with GM. (FAC, '1 7.) During the express warranty period, defects, and nonconformities, such as transmission, suspension, electrical defects, manifested. (FAC, '1 11.) Plaintiff specifically alleges defects with the 8-speed transmission ("Transmission Defect"). (FAC, '160.) Plaintiff alleges GM and its representatives were unable to service or repair the Ve...

Excerpt: ... Plaintiff is a general electrician of Afghan origin and the Muslim faith. Plaintiff was hired in February of 2021 and was fired three months later in April of 2021, at the age of 44. Plaintiff was again dispatched by his union to work for Redwood Electric in October of 2021, but he was not hired. During his employment, Plaintiff's foreman, Mr. Little, inappropriately commented on Plaintiff's origin and/or religion on one occasion. Plaintiff repo...

Excerpt: ... plush 10% interest. Gorilla Circuits disputes that it ever agreed to pay a higher price for stencils and therefore that the money is owed. In the present motion, Gorilla Circuits seeks to compel Stencil Master's further responses to Request for Production Nos. 1-9. II. Legal Standard Discovery is generally permitted "regarding any matter, not privileged, that is relevant to the subject matter inwlved in the pending action or to the determination...

Excerpt: ...ant executed an agreement for purchase of real property located in Washington D.C. (the "Property"). (Complaint, '1 11.) Defendant sought to finance the purchase with a conventional residential loan and 403 agreed to apply and obtain a residential occupancy' permit for the ground unit. (Complaint, '1 13.) At the time of the agreement, the parties contemplated obtaining a residential permit and agreed on a settlement date 30 days from the executio...

Excerpt: ...s claim to VTA nearly a year later, on September 6, 2023, which claim VTA rejected as untimely. Petitioner then filed this action on October 13, 2023. Because Petitioner failed to present his claim to VTA within the required six months from the date of injury, Petitioner now seeks relief from that requirement so that his case may proceed on the merits. II. Legal Standard and Analysis Before a suit for damages may be maintained against a public en...

Excerpt: ...UPTAAA"); and iTalk Global Communications, Inc.'s ("iTalk") special motion to strike Plaintiff Ning Yu's First Amended Complaint. California Code of Civil Procedure section 425.16(c) states: "a prevailing defendant on a special motion to strike shall be entitled to recover his or her attorneys' fees and costs." (Cal. Code Civ. Pro. 5425.16(c) (emphasis added).) Given the mandatory nature of these fees and costs, the only issue before the Court is...

Excerpt: ...the time, about Vince's death. The message indicated that doctors had to stop Vince's pacemaker due to increased and rapid heartbeats caused by severe allergic reaction to peanut oil. Defendant then expresses his belief that Vince's wife (Plaintiff) gave him peanut oil to kill him for money and he would try to prove it. Defendant writes that Plaintiff got the idea from a similar allergic episode in the past that put Vince in the hospital. As a re...

Excerpt: ... Kazemipour lied amount investment opportunities, which caused Plaintiff to invest money with him that Kazemipour spent on unauthorized personal expenses and travel. (Complaint, '1 15.) With the assistance of defendant Troy Foster, Kazemipour defrauded Plaintiff out of approximately $750,638. (Ibid.) After he commenced legal action against Kazemipour, Plaintiff discovered Kazemipour transferred Plaintiff's stolen assets to others, including but n...

Excerpt: ...statements, among other Labor Code violations. Before the Court is Plaintiffs' motion for preliminary approval of a settlement, which is unopposed. As discussed below, the Court GRANTS the moton. l. BACKGROUND A. Factual According to the allegations of the operative Second Amended Class and Representative Class Acton Complaint ("SAC"), Escuela Popular is a charter school that operates four different educational academies: (1) Childcare Academy; (...

Excerpt: ...ommitted against herself and other aggrieved "non-white employees." Before the Court is Plaintiff's motion for leave to file the Third Amended Complaint ("TAC"), which is opposed by Google. As discussed below, the Court GRANTS Plaintiff's motion. IX.BACKGROUND A. Factual Google is a technology company specializing in internet- related services and products with offices in Mountain View and Sunnyvale. (Second Amended Complaint ("SAC"), 7.) Ms. Che...

Excerpt: ...hot sudden bursts of fire onto White. (Complaint, "1 25-25.) He suffered severe burns and other injuries to his chest, torso, groin area, upper thighs, left arm, left hand, ears, and face in addition to emotional and psychological injuries and other injuries which are still being treated or diagnosed. (Complaint, 27.) White alleges his employer, San Jose Water Company ("SJWC") purchased the Saw in new condition from Gardenland Power Equipment. (C...

Excerpt: ...an Jose. Two birch trees were located on Mr. Holmes' front lawn within three feet of the shared property line. They leaked saps and had dead limbs that fell and damaged Guarascios' vehicles. (Cross-complaint 9, 10.) In February of 2022, Mathew Guarascio and Mr. Holmes met to discuss the problems that were caused by the tree closest to the property line. Mr. Holmes agreed to the removal of the tree but asked that the removal be delayed since he wa...

Excerpt: ...FAC, 1-2.) During their divorce proceedings, Tuo refused to divide and distribute their marital properties located in the United States. (FAC, '1 10.) Shi initiated this action on November 29, 2021, and, on September 29, 2023, filed an FAC, asserting: (1) breach of implied covenant of good faith and fair dealing; (2) breach of fiduciary duty; (3) negligence; (4) money had and received; (5) accounting; and (6) fraud-concealment. On December 8, 202...

Excerpt: ...on of Lin in three matters from January 2021 through approximately July 2022. (Complaint, '1 1.) The parties entered several retainer agreements pursuant to which Lin agreed to pay Plaintiffs' attorney's fees and invoices when they came due. (Complaint, 2-3.) Lin was informed ofthe Plaintiffs' legal work on his behalf, and he regularly approved of the legal work and legal invoices on an ongoing basis. (Complaint, '1 4.) Lin paid under the agreeme...

Excerpt: ...ft Hotel in Sunnyvale (the "Project"). (Complaint, 8.) S.D. Deacon ("Deacon") had subcontracts with defendants DKS, Inc. ("DKS") and Cal-Delta Plumbing Inc. ("Cal-Delta") to perform the plumbing work. (Complaint, 10.) The agreements included an obligation to indemnify and defend Deacon, as well as to obtain insurance and name Deacon as an additional insured on that insurance. (Ibid.) DKS and Cal-Delta caused and/or contributed to the damages to t...

Excerpt: ...n Jose ("CP Property"). Defendant owns the real property and improvements located at 6059 Cahalan Avenue in San Jose ("STTS Property"). CP Property and STTS Property are adjacent to each other, and together they project the appearance of a single shopping center. Both properties are subject to a recorded Reciprocal Easement Agreement and Declaration of Restriction ("REA"). (FAC "11, 2, 5; Ex. A.) On June 14, 2016, both properties were severely da...

Excerpt: ... This action arises out of a tenant's purported failure to pay rent and other amounts due under a commercial lease. According to the Complaint, Plaintiff owns property located at 580-K N. Rengstorff Avenue in Mountain View (the "Premises"). (Complaint, 91.) On September 15, 2016, Plaintiff ROIC Pinole Vista, LLC's ("ROIC") predecessor-in-interest and Defendants Oscar Munoz, Raquel Munoz and Taqueria La Bamba, LCC (the "Taqueria") entered a writte...

Excerpt: ...Roes 1-25 for indemnity, declaratory relief, contribution, and apportionment of negligence. On March 8, 2023, Carbone and Porsche filed an answer. On March 28, 2023, Carbone amended the complaint to include Defendant Lyft, Inc. (“Lyft”) as Doe 1. On June 23, 2023, Lyft filed an answer. On September 29, 2023, the Court found that this case (22STCV36892) and case number 22STCV21671 are related within the meaning of California Rules of Court, ru...

Excerpt: ...Roes 1-25 for indemnity, declaratory relief, contribution, and apportionment of negligence. On March 8, 2023, Carbone and Porsche filed an answer. On March 28, 2023, Carbone amended the complaint to include Defendant Lyft, Inc. (“Lyft”) as Doe 1. On June 23, 2023, Lyft filed an answer. On September 29, 2023, the Court found that this case (22STCV36892) and case number 22STCV21671 are related within the meaning of California Rules of Court, ru...

Excerpt: ...h includes the following arbitration provision: BINDING ARBITRATION FOR CALIFORNIA VEHICLES ONLY PLEASE READ THIS SECTION IN ITS ENTIRETY AS IT AFFECTS YOUR RIGHTS THIS SECTION DOES NOT PRECLUDE YOU FROM FIRST PURSUING ALTERNATIVE DISPUTE RESOLUTION THROUGH BBB AUTO LINE AS DESCRIBED IN THE "ALTERNATIVE DISPUTE RESOLUTION" PROVISION IN SECTION 3 OF THIS HANDBOOK. If you purchased or leased your Gensis vehicle in the State of California, you and w...

Excerpt: ...njured three victims and killed two others. Grace Solutions provides emergency shelter for the unhoused throughout San Jose, CA. (Grace Solutions Reply to James Chelley's Opposition to Separate Statement of Undisputed Facts "RSSUF" Nos. 1 & 2.) In 2021, Grace Solutions entered into an agreement with Defendant GRACE BAPTIST CHURCH to utilize their space for Grace Solutions' emergency shelter for the unhoused. (RSSLJF No. 3.) At the time of the inc...

Excerpt: ...2 through 823, public entity liability based on the torts of government employees and/or government contractors under Government Code sections 815.2 and 815.4 and Vehicle Code section 17001. On July 15, 2021, Defendant filed an answer. On December 19, 2022, the Court granted Defendant's motion to compel responses to form interrogatories (set two) and ordered Plaintiff to serve code- compliant discovery responses within 30 days. On January 19, 202...

Excerpt: ... to the Estate of Timothy Swihart, Deceased (collectively, “Plaintiffs”) NOTICE: OK RELIEF REQUESTED: Moving Defendants demur to the second, third, and fourth causes of action in Plaintiffs' complaint. Moving Defendants also seeks an order striking Plaintiffs' references to punitive damages and attorney fees from the complaint. TENTATIVE RULING: The demurrer is sustained as to Plaintiffs' second and fourth causes of action and overruled as to...

Excerpt: ...ating to the construction of a surgery center located at 2039 Forest Avenue, San Jose, CA 95128 ("Surgery Center"). According to Physician Surgery, due to Shultz's negligence, the electrical system failed to meet the applicable standard and specification or to pass inspection until October 11, 2019, resulting in substantial costs, expenses, and lost profits. Physician Services also alleges: "Due to a typographical error, the contract misspelled '...

Excerpt: ...se suffered by Plaintiff when she was a student at St. Aloysius. (SAC, '1 28.) In 1997, when Plaintiff was four years old, she participated in school related and after-school activities at St. Aloysius. (SAC, 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 1997 to 1999, when Plaintiff was six years old. (Ibid.) Van Der Putten's inappropriate beh...