Excerpt: ..."). (Complaint, '18.) Natera alleges "[e]xpress warranties accompanied the sale of the vehicle to Plaintiff by which Hyundai [Motor America] undertook to preserve or maintain the utility or performance of Plaintiff's vehicle or to provide compensation if there was a failure in such utility or performance." (ld.) After allegedly taking the Vehicle to authorized repair facilities to no avail, Natera file a Complaint on April 3, 2019 against Hyundai...

Excerpt: ...erest to the Estate of David Brown and The Estate of Sheila Brown. (Complaint, 91.) Plaintiffs brought this action for negligence/wrongful death, strict liability, negligence (post sale), and survival against Tesla, Inc. on March 12, 2021. Plaintiffs claim their parents were traveling in a 2019 Tesla Model 3 on August 12, 2020 at approximately 11:20 a.m. on highway 85 in the northbound direction, that David Brown was using Tesla's Autopilot featu...

Excerpt: ...governing body, the HOA. During the events of this action, the president of the HOA was Matthew J. Olivieri, who Plaintiff refers to as "MjoSnaps." (Complaint, '1 7.vii.) Plaintiff alleges the HOA has "suffered a pattern of rogue narcistic HOA presidents who are abusing their positions for personal gain and to pursue personal vendettas," including MjoSnaps, who "has been self-dealing, using funds for personal use, and using board meetings and HOA...

Excerpt: ...ts at 115 Roosevelt Avenue, San Martin, California 95046 (the "Premises") under a written lease since February 29, 2016. (Complaint, '11.) Hitchcock is the Trustee of the John C. Hitchcock Family Trust (the "Trust"). (ld.) The Trust represented to Plaintiffs that the Premises would be ready for occupancy' by the commencement date of the lease. (Complaint, '14.) Based on the representations, Plaintiffs decided to rent the Premises and made plans t...

Excerpt: ...Nissan") through which Nissan agreed to preserve or maintain the utility of performance of the Vehicle or provide compensation if there was a failure in such utility or performance. (Complaint, '1 7.) These warranties "accompanied the lease of the" Vehicle. (Complaint, '1 8.) Plaintiff further alleges the Vehicle had "serious defects and nonconformities to warranty and developed other serious defects and nonconformities to warranty, including but...

Excerpt: ...rders regarding (1) Defendant Ghuman's Motion for Protective Order and for Sanctions and (2) Plaintiffs' Motion to Compel Ghuman's Deposition and for Sanctions: Defendant Sukhjinder Singh Ghuman's Motion for Protective Order or Stay of Deposition and Request for Sanctions came on for hearing before the Court on January 19, 2023 at 9:00 a.m. in Department 6. The Court reviewed the parties' briefing and submitted a tentative ruling pursuant to the ...

Excerpt: ...dental office in Fremont and during those visits cultivated his relationship with Dr. Shoker. (SAC, '1 13.) The two shared a common background and Ghuman referred to Dr. Shoker as his "brother" and to Rajwant as his "sister". (ld.) Ghuman advised Dr. Shoker on financial and business matters and told Dr. Shaker he had access to unique investment opportunities and that if Dr. Shoker invested with him, he would make Plaintiffs wealthy. (ld.) By Sept...

Excerpt: ...st Amended Complaint "FAC", 1.) Plaintiff initiated the lawsuit on April 8, 2019 and filed an FAC on July 8, 2019. On October 22, 2019, Plaintiff failed to appear for a further case management conference and the Court set an order to show cause why the case should not be dismissed for February 27, 2020. Plaintiff appeared at that OSC and the Court set a further CMC for June 23, 2020. On November 3, 21020, the Court held and the Plaintiff failed t...

Excerpt: ...ehicle") manufactured and/or distributed by KA. (SAC, 9.) In connection with the purchase, Plaintiff received an express warranty pursuant to which Defendant was to preserve or maintain the Vehicle's utility or performance or provide compensation in the case of failure in a specified period of time. (ld., '1 10.) During the warranty period, the Vehicle contained or developed numerous defects including, but not limited to: defects relating to the ...

Excerpt: ...'s homeowners' association hired John Sachs to do some plumbing in Kondori's condominium. (Complaint, '1 11.) Sachs' work was allegedly defective and caused various damages to Kondori, who filed suit regarding the matter on January 29, 2016. (Complaint, '1 12.) One of the defendants in the action was Apex. (ld.) In doing the work on Kondori's condominium, Sachs falsely claimed to be doing business as Apex. (Complaint, 13.) Apex was owned and oper...

Excerpt: ...t (Govt. Code 554950, et. seq.) ("Brown Act") when it awarded a contract for stables concessionaire at Bear Creek Stables to Chaparral Country Corporation ("Chaparral"). (FAC, '1 1.) Plaintiff alleges Midpen is a California voter created independent district, i.e„ a local government that provides specialized service to the public that local cities and counties do not provide and that Midpen is subject to California's laws pertaining to governme...

Excerpt: ... from 2020 until November 8, 2021. (FAC, 3-4, 23.) In the summer of 2021, PCHA implemented a policy to collect its employees' health data. (FAC, 10.) PCHA specifically sought out Bobbit's COVID-19 vaccination status. (FAC, 11.) On August 9, 2021, Bobbit submitted her vaccination status to PCHA, in an attempt to get a "religious accommodation". (FAC, 12.) PCHA sought to obtain additional medical information from Bobbit by stating "she was required...

Excerpt: ...ntiff Santa Clara County Federal Credit Union ("Credit Union") alleges Defendants Avelino David Cargile and his mother, Caneisha Howell, opened a checking account with $.22 in it, fraudulent money orders (either directly or through a third party Jared Yarber) that the Credit Union initially accepted, then withdrew funds from the account creating a negative balance of $5,981.29. (Complaint, "5-6, 11-14.) On December 9, 2022, Credit Union served Re...

Excerpt: ...for breach of contract, negligence, fraud and deceit, intentional/negligent misrepresentation; violation of business and professions code section 17200 et. seq., and breach of the covenant of good faith and fair dealing. On December 30, 2020, Plaintiffs filed proofs of service for each of the three Defendants. Those proofs of service were signed under penalty of perjury by Gary Genest and state that Mr. Genest attempted to serve Defendants at 740...

Excerpt: ...by false pretenses from Defendant Productfy, Inc. The claims allegedly arise out of a Master Subscription Agreement the parties entered on November 11, 2021. According to the Complaint, Taekus seeks $632,260.66 in compensatory damages (which it seeks to treble for count four) and restitution and attorneys' fees and costs. The Summons and Complaint were served on Productfy's agent for service of process on November 3, 2022. When Productfy failed t...

Excerpt: ...�� Quach & Lien LLC ("QL") — for the purpose of operating a supermarket in Santa Clara County. The day of QL's formation and registration, Quach also formed and registered QREI. (Complaint, 10-12, Exhibits A and 8.) Huynh, Lien, Lai, Irene Lee and QREI each received a percentage membership interest in QL in exchange for their respective initial investment amounts (totaling $2 million), with Huynh obtsning a 20% interest, Lien, Lai and Lee each ...

Excerpt: ...egligence. Plaintiffs, brothers Zachary and Michael Daniel Kow-tz, and their company Bay Surplus Technology, LLC ("Bay Surplus") hired Defendant/cross-complainant Michael David Kowitz (Zachary and Michael's father), at the urging of their grandmother (Michael's mother) Defendant Patricia Ladd, to work with them. (Third Amended Complaint ("TAC"), "1-4, 10.) In that capacity, Michael acted as Bay Surplu