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...

Excerpt: ...nd confer and briefing. Accordingly, the Court declines to award fees for any of the present discovery motions. Using the parties' joint submission as a guide, the Court makes the following rulings: I. Rehoboth's Motion to Compel Further Responses to Requests for Production, Set One, and Motion to Compel Production of Documents and Privilege Log from Zoeticx; Request for Sanctions Zoeticx's written responses to Rehoboth's Requests for Production ...

Excerpt: ...ng and seeking to enjoin purportedly illegal and wasteful expenditures of taxpayer funds by the County‐ specifically, in investigating alternate land uses for Reid‐Hillview airport (“Reid‐Hillview” or “RHA”) that Plaintiff contends are prohibited by Federal Aviation Administration (“FAA”) grant agreements. According to the allegations of the FAC, Reid‐Hillview has been designated by the FAA as a reliever airport for San Jose I...

Excerpt: ... investments Plaintiffs allege were made as a result of fraud and other wrongdoing. According to the allegations in the FAC, in 2010, defendant Sukhjinder Singh Ghuman (“Ghuman”) began visiting Dr. Shoker's dental office in Fremont. (FAC, ¶ 12.) During these visits, he began cultivating his relationship with Dr. Shoker. (Ibid.) They shared a common background and Ghuman referred to Dr. Shoker as his “brother” and he referred to Rajwant a...