Excerpt: ... written lease agreement for a commercial property ("Premises 1") located at 1250 Memorex Drive in Santa Clara for a period of 36 months. (Complaint, '1 9.) Nearly three years later, on February 13, 2017, the parties entered into a First Amendment to Lease which, among other things, extended the term of the aforementioned lease through February 28, 2019, and increased the base monthly rent. (ld., '1 10.) The lease, a Lease Rider and First Amendme...

Excerpt: ...rd in Santa Clara, California 95050 ("Property"). Plaintiffs Amelia Glissman and Michael Contolini ("Buyers") purchased the Property from Douglas Michaud and Deborah Michaud ("Sellers"). Excel Reality Inc. was the real estate broker and Samantha Gail Landon was the real estate agent for the Sellers ("Sellers' Agents"). Walter E. McGuire Real Estate, Inc. was the real estate broker and Morgan Ann Amos Mano was the real estate agent for the Buyers ...

Excerpt: ...ice and breach of contract arising out of a dispute between plaintiff Naren Chaganti, Fifth Third, and Plaintiffs former counsel, Luby. According to the Complaint, in October 2008, Fifth Third, a bank based in Cincinnati, Ohio, opened two business trust accounts for Whispering Oaks RCF Management Co. Inc. ("Whispering Oaks") in St. Louis, Missouri. (Complaint, 2, 5.) The purpose of these accounts was to hold funds for those under the care of a Wh...

Excerpt: ...dant Dfinity as a software engineer in August 2018. (Complaint, 911.) 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 bitcoin. (Complaint, 912.) As a condition of his employment with Dfinity, Plaintiff was ...

Excerpt: ... (the "Property") after purchasing it at a foreclosure sale conducted under a pov.er of sale contained in a deed of trust executed by Defendant. (Complaint, '1 4, Exhibit A.) On October 31, 2018, Plaintiff purchased the Property from Chase. (ld., '1 5, Exhibit B.) On November 14, 2018, Plaintiff caused to be served on Defendant a three-day Notice to Quit pursuant to Code of Civil Procedure section 1161a, subdivision (b) (the "Notice"). (Complaint...

Excerpt: ...s is the former head pastor and board chairman of the San Jose Korean Central Church (the "Church"). (4AC, 11.) Hungsun is Francis' wife and she handled financial matters for the Church. (4AC, 13.) Kim and Jung are former board members and chief financial officers of the Church. (4AC, '1 12.) Austin is an agent for an entity named Healing Hands Dental Mission, Inc. ("HHDM"). (4AC, 14.) Park is Austin's wife and she, along with Hungsun, establishe...

Excerpt: ...is complaint, Eric Hsieh was employed as Intuitive's Marketing Automation Manager in December 2018. (Complaint, 916.) Hsieh received a salary increase in 2019, and he received an overall positive review and another salary increase in 2020. (ld., "17, 19.) During the time period relevant to this case, Hsieh reported to Jill Bunny, Senior Manager of Marketing and Business Process, who, in turn, reported to Travis Harkness, Director of Marketing Ope...

Excerpt: ...kground A. Factual This is an action for workplace discrimination. According to the FAC, plaintiff Suzana Hosin ("Plaintiff" or "Hosin") started working for SCCDOC in 1990. (FAC, '1 20.) Around 1993, she became a correctional officer. (FAC, '122.) Around 2011, there wasa merger between the SCCSD and the SCCDOC, in which correctional officers were meant to become deputy correctional offcers. (FAC, 23.) On March 23, 2023, Plaintiffs discovered that...

Excerpt: ...rd Motor Company ("FMC"). Plaintiff initiated this achon against both ALL STAR FORD and FMC on April 27, 2021. Shortly thereafter, FMC moved to compel arbitration and stay the case. Plaintiff dismissed ALL STAR FORD from the case without prejudice on or around October 13, 2021. The Court granted FMC's motion to compel arbitration and stay the matter by order dated November 5, 2021. Plaintiff subsequently submitted her demand for arbitration to JA...

Excerpt: ...10 in attorneys' fees NBC incurred in connecton with the ant-SLAPP motion. Numerous activities took place after the June 16, 2022 hearing on NBC's ant-SLAPP motion, including a request by the Court that NBC submit additional information regarding the fees requested. That additional information was submitted on August 9, 2022 in the form of the Supplemental Declaration of Thomas R. Burke. Because of the additional substantial moton practice necess...

Excerpt: ... Bradford filed her Third Amended Complaint ("TAC"). The parties agree that Plaintiff's allegations as to Dr. Warshal are essentially identical in the Second and Third Amended complaints, and that it would be in the parties' interest for the Court to rule on the merits of Dr. Warshal's motions as though those motions were directed to the TAC. The Court agrees and has considered Dr. Warshal's motons accordingly. Pursuant to California Rule of Cour...

Excerpt: ...supervision arising out of an incident that occurred at in a kitchen located at Levi's Stadium in Santa Clara. According to the allegations of the operative First Amended Complaint ("FAC"), plaintiff was retained by defendant Epic Staffing Solutions, LLC ("Epic") to work at the stadium. Centerplate also retained and supplied employees to perform kitchen work at the stadium. (Ibid.) On or about November 25, 2017, Martnez was assigned to the kitche...

Excerpt: ...03 and 16405, and breach of fiduciary duty. Second Amended Complaint ("SAC"). Plaintiff alleges she is the trustee of the Dal Poggetto Power of Appointment Trust and of the Bypass Trust created under the terms of the Dal Poggetto Revocable living Trust. SAC 1. Defendant is a successor partner and co-owner under the Agreement of Coownership, dated March 19, 1077, AKA Simoncini & Dal Poggetto General Partnership and operates as the controlling part...

Excerpt: ... 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 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...

Excerpt: ...en he purchased his Tesla, but he did not purchase the “Full Driving Capability Package.” According to Tesla, Autopilot provides 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 10 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...

Excerpt: ...ed a 2010 Ford F-150 (the “Vehicle”), which was manufactured and/or distributed by FMC. (SAC, ¶ 7.) In connection with the purchase, Plaintiffs 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. (SAC, ¶ 9.) During the warranty period, the Vehicle contained or developed defects, including but not limited...

Excerpt: ...h and negligence arising out of a motor vehicle accident. According to the allegations of the operative SAC, decedent Sanan Altaye (the “Decedent”) was employed as a commercial semi-truck 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 D...

Excerpt: ...to the SAC, on or about January 2012, Hunter purchased a 2011 Ford Edge (the “Vehicle”), which was manufactured and/or distributed by FMC.6 (SAC, ¶ 7.) In connection with the purchase, Hunter received an express written warranty, including a 3-year/36,000 mile express bumper to bumper warranty, a 5-year/60,000 mile powertrain warranty, which covers engine and transmission, and a 8-year/80,000 mile emission warranty, which covers the exhaust ...

Excerpt: ...Plaintiffs”) and move to strike portions contained therein. Pursuant to California Rule of Court 3.1308, the Court issues its tentative ruling as follows: I. Background A. TAC Allegations This is a breach of contract action. On January 16, 2015, Carlyle, Shoreline and Mr. Calvano entered into an agreement (the “LLC Agreement”) to form the Company for the purposes of acquiring and potentially developing certain real estate in Mountain View (...

Excerpt: ...located at 23645 Oak Valley Road in Cupertino (the “Property”). (AC, ¶ 7.) According to the AC, Plaintiff and Xie began dating in February of 2018, while Plaintiff was finalizing her divorce. (Id., ¶ 11-12.) Plaintiff and her husband needed to sell the family residence, the Property, because neither could afford to buy the other out, but moving would mean that their 10-year old son would have to move to a different school district. (Id.) Xi...

Excerpt: ... Plaintiffs claim they received written warranties and other express and implied warranties from Nissan. Id. at ¶¶7-8. Plaintiffs further allege that despite numerous attempts at repairs to various aspects of the Vehicle, Nissan was unable to correct the alleged defects. Id. at ¶¶10-13. Consequently, Plaintiffs filed a complaint against Nissan on August 8, 2022, asserting the following claims: Breach of Implied Warranty of Merchantability und...

Excerpt: ... owner of the Property and 6 acquired her interest as the spouse of former owner Enrique Villa (“Enrique”).1 (Complaint, ¶¶ 7-8.) Plaintiff and Enrique separated as a married couple on March 14, 2004. (Id., ¶ 8.) At that time, although Enrique's name remained on the deed, Plaintiff alleges the parties agreed that pursuant to their marital separation, and as a full and complete settlement of their marital estate, Plaintiff would become the ...

Excerpt: ...egligence. Plaintiff seeks damages for “(1) past and future medical and/or ancillary related expenses; (2) past and future medical and/or ancillary related expenses; (3) past and future income and/or earning capacity loss; (4) loss of ability to provide household services; and (4) incidental and consequential damages and/or property damage and lose of use.” Non‐economic damages include but are not limited to (1) past and future physical and...

Excerpt: ...espondent Ali Heidari filed this motion to tax costs on the grounds that (1) Kelly is precluded from correcting his use of the wrong form for his memorandum of costs and (2) even if Kelly could submit an amended memorandum of costs on the correct form, each of those costs is improper. For the reasons set forth below, Heidari is wrong on both counts, and his motion to tax costs is DENIED. First, the Court has not been provided with any authority t...

Excerpt: ...eir corporation and defendant Milestone Financial, LLC dba MERS Link 4 (“MFL”) in this case are parties in the unlawful detainer case, but this case has additional defendants). Based on the Complaint, Answer and the parties' briefing and evidence, certain facts do not appear to be in dispute: Plaintiffs purchased the Glen Farm Court property in 2001, and, in 2004 through their corporation Tigere Duran, Inc., a commercial property located at 3...