Excerpt: ...n July 29, 2019. (See TAC at '1 4.) The original Complaint, the First Amended Complaint ("FAC"), and the Second Amended Complaint ("SAC") all list seven defendants on the caption page: the Board of Trustees of the Leland Stanford Junior University, Jane Duperrault, Lawrence Chu, M.D., Norma Leavitt, Susan Hoerger, Marc Tessier-Lavigne, and Ronald Pearl (collectively, "Defendants"). Darden alleges the following misrepresentations: 1. Job Advertise...

Excerpt: ...es during the COVID-19 pandemic. As a result, Plaintiffs initiated this action and sought injunctive relief in this Court in October 2020. On November 2, 2020, the Court issued a temporary restraining order, and on November 24, 2020 issued a modified temporary restraining order and preliminary injunction enjoining Calvary from violating restrictions on indoor gatherings and requirements for face coverings and social distancing and from operating ...

Excerpt: ..., in March 2016, Plaintiff started as a part-time sales consultant for Quantea. (Complaint, '1 19.) During his employment with Quantea, Plaintiff (1) was subject to Quantea's control and direction in connection with the performance of work; (2) performed work that was within the usual course of Quantea's business; and 5 (3) was customarily engaged in an independently established trade, occupation, or business of the same nature as that involved i...

Excerpt: ...d at an RV park owned by Defendant Equity Lifestyle Properties, Inc. ("Equity"), causing him to suffer severe injuries to his left shoulder. Plaintiff initiated this action on October 2, 2019 against Equity and Comco. In June 2021, Plaintiff took Jeff Gipson's deposition. Mr. Gipson is the owner of Comco and was identified as its person most knowledgeable. At that deposition, Mr. Gipson essentially testified that Comco did not remove "any of the ...

Excerpt: ...tion of Kelsey Jeup ("Jeup Decl."), 96; see also, Complaint.) Mr. McKenzie claims Zoom terminated him in retaliation for a medical leave he took during his employment and asserts the following claims: disability discrimination in violation of FEHA, failure to accommodate in violation of FEHA, failure to engage in the interactive process in violation of FEHA, retaliation in violation of FEHA, failure to investigate and prevent in violation of FEHA...

Excerpt: ..., on February 16, 2018, plaintiff Sabri Gurbuz was at 1 Apple Park Way, Cupertino, California 95014 (the "Premises" or "AC2"). (Cause of ActionGeneral Negligence, GN-I.) He operated a bicycle on or about a sloped loose surface of a designated path linking structures causing the thin tires to lose stability, fall, and cause seriously bodily injury. (Ibid.) Defendants, and each of them, negligently owned, designed, constructed, managed, maintained,...

Excerpt: ...FAC, on June 11, 2011, Plaintiff purchased a 2011 KIA Optima (the "Vehicle") manufactured and/or distributed by Defendant. (FAC, 6.) 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 a specified period of time if utility or performance failed. (ld„ '1 7.) During the warranty period, the Vehicle contained ...

Excerpt: ...ded Complaint ("AC"), Plaintiff is an insurance company that issued a series of insurance policies to corporate insureds (the "Insureds") for coverage against cyber-related insurance risks. (AC, '1 2.) Defendant is a technology and software company that provides software for secure electronic file sharing and services to customers. (ld., 5.) Defendant developed and sold licenses for a software called File Transfer Appliance ("FTA"), which it mark...

Excerpt: ...e Case Management Conference is continued to May 4, 2023. No later than 4 p.m. on Friday, April 28, 2023, Plaintiff is ordered to email to the Court, copied to Defendant, at [email protected]: (a) two redlines of its trade secret disclosures illustrating (1) what was changed from the first to second disclosure and (2) what was changed from its second to third disclosure; (b) an explanation of no more than one page for how its disclosure un...

Excerpt: ...agreement with Golden Jubilee Properties, LLC ("Golden Jubilee") by which it would obtain a commission for brokering a lease agreement between Golden Jubilee and Round Table Pizza. Golden Jubilee contends it did not enter into a lease agreement with Round Table Pizza; entered into a lease agreement with Circle Pizza, thus it does not owe Guardian a commission. Guardian filed this lawsuit in Los Angeles County Superior Court on August 26, 2022, an...

Excerpt: ... out of a motor vehicle accident. According to the SAC, decedent Sanan Altaye (the "Decedent") was employed as a commercial semitruck driver and operated a 2006 Freightliner Truck and 2009 Trailer in that capacity. (SAC, 8.) On November 18, 2015, the 2006 Freightliner and 2009 Trailer were taken out of operation by the California Highway Patrol ("CHP") after an officer conducted a Driver/vehicle Examination documenting numerous braking system vio...

Excerpt: ...elief, that EBMS failed to properly pay Plaintiff for the medically necessary services, supplies, and/or equipment rendered to patent N.B. (the "Patent"), who was an enrollee and beneficiary of health plans sponsored, administered, and/or financed by E8MS. (FAC, '1 7-8.) Private Healthcare Systems ("PHCS") is a nonparty and it operates a preferred provider network ("PPO") in which PHCS indemnifies health care expenses, performs utilization review...

Excerpt: ... Retail Shop Lease pursuant to which Plaintiff leased Unit #20 in the Vallco Shopping Mall (the "Prem-ses") in Cupertino. (Complaint, 10.) Section 22.14 of the Retail Shop Lease grants Plaintiff the right to extend its term (which otherwise expired on December 31, 2022) for three additional five-year periods. (ld., '1 2.) The Retail Shop Lease was amended twice; first on December 1, 2006, between Cupertino Square, LLC, successor-in-interest to Va...

Excerpt: ...s an action for defamation. According to the Complaint, Plaintiff was a law student at Santa Clara University, School of Law ("SCU") from 2019 to 2022. (Complaint, 1.) When Plaintiff was a teenager, he was convicted of a count of second degree armed robbery and received a strike. (Complaint, 18.) Since then, he turned his life around, pursued higher education at Ohlone College and then the University of San Francisco ("OSF"), where he graduated a...

Excerpt: ... Background This is a product liability action. Plaintiffs are the wife and children of Walter Huang who suffered a fatal crash while driving his Tesla Model X in 2018. Mr. Huang added Autopilot when he purchased his Tesla, but he did not purchase the "Full Driving Capability Package." According to Tesla, Autopilot provides numerous warnings and -nstructons to its users, both in the manual and in the car while the Tesla is in use, making clear th...

Excerpt: ...ase") for a portion (the "Premises") of the commercial real property located 16185 Los Gatos Blvd. in Los Gatos (the "Property"). (Complaint, 1, 6, Exhibit A.) Since 2012, Plaintiff has operated at the Premises a yoga, Pilates, private physical training studio, and retail business commonly known as "Yoga Source." (ld.) To ensure Plaintiff's exclusivity with respect to its use, Plaintiff and Defendant agreed to an exclusivity provision which prohi...

Excerpt: ...ested and abused while she was a student at Ida Jew Academy, a charter school within the Mount Pleasant Elementary School District (the "District"). Plaintiff alleges the District contracted with Santa Clara County Office of Education ("SCCOE") to provide outdoor education experiences for minor students, including Plaintiff, particularly at Walden West Science Camp ("Walden West"), a public educational science overnight camp owned by SCCOE. (Seco...

Excerpt: ...Valerie Anderson, who died intestate and without a surviving spouse, child, or parent. (TAC, 1.) Decedent was Defendant's patent from July 12, 2008 to her passing on September 16, 2021. (TAC, '1 6, 41.) During the entirety of her stay at A Grace, decedent was mentally incapacitated due to hypoxic brain injury and other conditions. (TAC, 6.) As a result of those conditions, Decedent was unable to comprehend rights that she was otherwise bound to k...

Excerpt: ...etween CashNetUSA and Defendant Jeffrey Strozza. Strozza answered and filed a cross complaint on October 29, 2021, which cross complaint it served on Strozza. Strozza also served document requests and other discovery on UHG on October 29, 2021. The clerk's office did not immediately process the cross-complaint filing, leading LJHG to believe it had not been filed. Thus, on November 8, 2021, UHG requested the case be dismissed with prejudice. The ...

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

Excerpt: ...According to the SAC, on December 3, 2015, Jerrold Grannis of Universal Music Publishing Group ("UMPG") randomly called Plaintiff and Plaintiff asked Grannis to confirm confidentiality in writing. (SAC, p. 3, 1.) Grannis granted Curcio confidentiality in written contract, along with a questionnaire. (ld.) Around mid-February 2016 to mid-March 2016, Plaintiff invented his monetization model and trade secret. (SAC, p. 3, 2.) On March 24, 2016, Plai...

Excerpt: ...and Excel collectively as "Defendants". Pursuant to California Rule of Court 3.1308, the Court issues its tentative ruling as follows: l. Background A. Factual According to the SAC, on April 22, 2019, Plaintiffs purchased real property Imrated at 710 North Winchester Boulevard, Santa Clara, California 95050 (the "Property"). (SAC, 1, 19.) Douglas Michaud and Deborah Michaud were the Property sellers (collectively, the "Sellers"). (SAC, '1 2.) Lan...

Excerpt: ...rising out of a failed business relationship. According to the SAC, in 2014, Plaintiff and his brother-in-law, defendant Nick Nguyen, discussed starting a restaurant to sell bowls. (SAC, 23-24.) During their subsequent efforts towards starting a restaurant, Plaintiff and Nguyen were jointly represented by attorney Lloyd Schmidt, whose responsibilities included, but were not limited to, drafting documents relating to the business' creation. (ld, 2...

Excerpt: ...n as 16185 Los Gatos Blvd., Town of Los Gatos, County of Santa Clara, State of California 95032 (the "Property"). (Complaint, 91.) Yoga Solutions has occupied a 10,350 square foot portion of the Property (the "Premises") as a tenant since 2012. (ld.) Throughout its occupation of the Premises, Yoga Solutions operated a yoga, Pilates, private physical training studio and retail business. (ld.) Defendant Pepper Lane — Berryessa, LLC ("Pepper Lane"...

Excerpt: ...ce. According to the Second Amended Complaint ("SAC"), Plaintiffs, brothers Zachary and Michael Daniel Kowitz, and their company Bay Surplus Technology, LLC ("Bay Surplus") hired Zachary and Michael's father, Defendant Michael David Kowitz, at the urging of their grandmother (Michael's mother) Defendant Patricia Ladd, to work with them. (SAC, "4, 10) In that capacity, Michael acted as Bay Surplus's office manager and managed its books and records...