Excerpt: ...017 Ford F-150 (the "Vehicle"), which was manufactured and/or distributed by Ford. (FAC, 9.) In connection with the purchase, Plaintiffs received various warranties, including a 3-year/36,OOO-mile express bumper to bumper warranty, a 5-year/60,OOO-mile powertrain warranty which covers the engine and the transmission, as well as various emissions warranties that exceed the time and mileage limitations of the bumper to bumper and powertrain warrant...

Excerpt: ...Atlas (the "Vehicle"). (Complaint, 15.) Defects and nonconformities manifested themselves within the applicable warranty period. (Complaint, 16.) Dardin-Box delivered the Vehicle to Cardinale for repair on numerous occasions, however, Cardinale failed to properly repair the Vehicle. (Complaint, 41-43.) Dardin-Box initiated this action on December 20, 2022, asserting: (1) violation of Song-Beverly Act- breach of express warranty; (2) violation of ...

Excerpt: ...tive AC, Wilson was employed by SoundHound, a digital voice application company, from approximately November 29, 2011 until August 30, 2019. (AC, 11'112-13.) Wilson, who was initially hired as a Principal Engineer and later promoted to Architect, created a significant amount of the company's intellectual property and was an integral employee. (ld., '1 14.) Over the course of his seven-and-a-half year employment, in addition to a yearly base salar...

Excerpt: ...rence Tuggle, Jr. ("Decedent"), a 66-year old African American man, was admitted to Santa Clara Valley Medical Center ("VMC"). (Complaint, 19.) Decedent was discharged in a wheelchair on December 6, 2021 at 2:55 pm and was found approximately an hour and thirty-five minutes later, alone and nonresponsive in the VMC lobby. (ld., 21-23.) Efforts to resuscitate Decedent, which were supervised by Dr. Sobrero, were unsuccessful and he was declared dea...

Excerpt: ...hearing concerned Plaintiff's Motion to Compel Defendants' Further Responses to Form and Special Interrogatories, Requests for Production and Requests for Admission and for Sanctions and Defendants' Motion for Protectve Order. The Court issued its tentative ruling on February 10, 2023, denying sanctions and granting, in part, the motions to compel and for protective order. However, the substance of those rulings is not the subject of Defendants' ...

Excerpt: ... and deposition dates for SoundHound's person most knowledgeable deposition. Plaintiff first asked SoundHound for dates in November 2021. Plaintiff followed up again on February 4, 2022 and June 24, 2022 and did not receive dates. On July 18, 2022, Plaintiff served a notce of deposition for August 17, 2022. On August 11, 2022, SoundHound served objections, stated it "will not be producing a witness on August 17, 2022" and provided no alternative ...

Excerpt: ... to live together until 2019. (FAC, 4.) Around December 2012, they got married. (FAC, 5.) In December 2014, they had a wedding reception and invited their friends and family to celebrate their union. (FAC, '16.) In June 2014, they moved into a house they picked and purchased together, located at 10791 Dougherty Avenue, Morgan Hill, California 95037 (the "Property"). (FAC, '1 7.) Dang's friends and family loaned her approximately $140,000, which s...

Excerpt: ...ection 17200 et. seq. Defendants answered the complaint on December 19, 2019. According to the Complaint, Mr. Bettelheim owns a condominium unit in the Pigeon Loft Condominium Project ("Property"). (Complaint, 93.) Defendant Lorenzo Rios was acting as the director on the board of the Pigeon Loft Condominium Association ("HOA") despite not being elected to that position. (Complaint, 94.) Defendant Norma Rios is his wife, also acted as a director o...

Excerpt: ...his action arises out of an allegedly wrongful foreclosure of a residential property. According to the operative FAC, in August 2004 Turner purchased the property located at 315 Grandpark Circle in San Jose (the "Property"), which was secured by a Deed of Trust ("DOT") held by World Savings Bank. (FAC, 9-10.) The DOT is now held by both Shellpoint and Trinity; Trinity foreclosed on the Property by virtue of its position as second lienholder and s...

Excerpt: ... On December 29, 2022, Plaintiff filed its Proof of Service of Summons ("Proof of Service"). The initial proof of service filed with the Court reflects substituted service having been effectuated at 1746 Comstock Lane, San Jose, California ("Comstock Residence") on December 28, 2022 at 11:08 AM by registered process service Tasia Stone ("Ms. Stone"). (See Plaintiff's Proof of Service, p. 1, "1 4, 5(b).) Ms. Stone delivered the documents to Maria ...

Excerpt: ...ract with Sinaga, in which Defendants agreed to remodel the property located at 1277 Camino Ramon, San Jose, California 95125 (the "Property"), provide all the labor and materials, and complete the remodel in a good and workmanlike fashion. (Complaint, '1 13.) The contract price was for $351, 057.00. (ld.) Sinaga alleges she performed her obligations under the contract whereas Defendants breached the contract by performing negligent construction,...

Excerpt: ...in August 2016 where the case was delayed for a period of one year. Based on the Complaint and attachments embedded therein, the case appears to arise out of an incident that took place while Rostram was an Uber driver in San Francisco on August 13, 2016. On June 13, 2019, the Court granted Uber's petition to compel arbitration. On December 17, 2021, the Court denied Uber's motion to dismiss ostensibly on the grounds that the issue of whether the...

Excerpt: ..., Ma filed a cross-complaint against Malek for breach of contract, fraud, embezzlement, breach of fiduciary duty, account stated and breach of duty of good faith and fair dealing. Malek alleges he formed iTronix, a Silicon Valley based company specializing in in the contract manufacture of printed circuit boards used in electronic devices and their components. In January 2017, Malek agreed to transfer 15% of iTronix shares to Ma, such that from t...

Excerpt: ...ix Creamery in San Jose, where her job duties and responsibilities included making ice cream with and cleaning the LB502 DGT, a batch freezer manufactured by Ali Holding S.r.l. and its wholly owned subsidiaries, defendants Carpigiani North America ("Carpigiani") and Ali Group North America ("Ali Group") and distributed by JTB. (FAC, "15-7, 17.) Plaintiff alleges she suffered serious injuries to her left hand as the result of defects in the freeze...

Excerpt: ... On June 16, 2021, Duarte filed a cross-claim against Perez seeking damages of $15,000, purportedly arising out of the same real estate transacton. At the time Duarte filed her cross-complaint, Perez was represented by attorney Timothy A. Pupach. Perez is now represented by different counsel. Mr. Pupach swears that, despite the proof of service indicating service of the cross-complaint by mail, Mr. Pupach never received the crosscomplaint and kne...

Excerpt: ...ners of property located at 2140 High Street in Palo Alto ("the Property"). In November 2021, Plaintiffs contracted with Defendants Compass California II, Inc., Carol Carnevale, Nicole Aron, James Steele and Zachar Trailer to sell the Property, which had been their long time home. (Complaint, "1-2.) Plaintiffs allege Defendants told them the Property was worth $3.5 million and that Plaintiffs would receive at least that price for the Property if ...

Excerpt: ...ok some of his personal property, including an audio recording containing information Plaintiff claims is necessary for another lawsuit. By this motion, Plaintiff seeks an order compelling Defendant to further respond to two form interrogatories: 12.1 State the name ADDRESS, and telephone number of each individual: (a) who witnessed the INCIDENT or the events occurring immediately before the INCIDENT; (b) who made any statement at the scene of th...

Excerpt: ...nsolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay. These cases both arise out of a landlord tenant dispute. Urvashi Bhagat subleased a portion of property from Hong Guo. Min Zhu owns the property Mr. Guo subleased to Ms. Bhagat. The sublease was in violation of Mr. Guo's lease terms, and he was evicted along with his sub-lessors. In the small claims action, Mr. Guo is suing Ms. B...

Excerpt: ...gment of $1. The Parties' fee agreement for the federal action included the following provision: "In any legal action or proceeding other than the fee arbitration, mentioned above, the prevailing party shall be awarded reasonable attorneys' fees and costs, incurred in such a proceeding." (Declaration of Hugo Torbet in Support of Mohon for Award of Attorney Fees ("Torbet Decl. 1"), Ex. A.) Law Firms sought and were awarded attorney fees by the dis...

Excerpt: ...sco Henriquez and Prudential Overall Supply (collectively, "Defendants"). According to the Second Amended Complaint ("SAC") and Plaintiffs' discovery responses, on June 30, 2020 Plaintiff was hit by a truck at or near 5601 Great Oaks Parkway in San Jose California while walking to work. (SAC, MV-I; Declaration of Laurie J. Elza ("Elza Decl."), 93.) It appears Defendant Francisco Henriquez was driving the truck in the course and scope of his emplo...

Excerpt: ...laint, 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 features, and the car automatically accelerated without David Brown's knowled...

Excerpt: ...ther Marson Blair Hull, Jr. transferred the Property to Jeffrey and Jeffrey's younger sister, Courtney Hulll "not as joint tenants, but as tenants in common." (Complaint, Ex. 3; Plaintiff's Separately Bound Exhibits ("PS8E", Ex. A.) The Grant Deed from Blair to his two children was recorded. Jeffrey and Courtney formed Montevina Road LLC (the "LLC") on November 19, 2018. (PSBE, Ex. C.) Jeffrey's and Courtney's signatures appear on the LLC agreeme...

Excerpt: ...ntiffs filed a class action in the U.S. District Court for the Northern District (the "Federal Action") on behalf of themselves and other similarly situated former employees who worked for Alta for failing to comply with the federal Worker Adjustment Retraining Notification Act ("WARN Act") (29 U.S.C. S 2101, et seq.) and the state equivalent (Labor Code S 1400, et seq.). (Complaint, 1.) Class certification was granted in the Federal Action in Ma...

Excerpt: ...d not purchase the "Full Driving Capability Package." According to Tesla, Autopilot prov-des numerous warnings and instructions to its users, both in the manual and in the car while the Tesla is in use, making clear that drivers need to keep their hands on the wheel and "be prepared to take over at any time" even while Autopilot is engaged. Tesla also argues that consumers are made aware of Autopilot's limitations in areas where, for example, the...

Excerpt: ... as to the Fourth Amended Cross-complaint ("4ACC") filed by crosscomplainants TGM, Wright and Iversen (collectively, "Cross-complainants"). Pursuant to California Rule of Court 3.1308, the Court issues its tentative ruling as follows: l. Background A. Factual 1. Complaint This is an action for breach of contract. According to the Complaint, PAPO is the owner of CTC, a real estate development project located in Palo Alto which includes the premise...