Excerpt: ...h includes the following arbitration provision: BINDING ARBITRATION FOR CALIFORNIA VEHICLES ONLY PLEASE READ THIS SECTION IN ITS ENTIRETY AS IT AFFECTS YOUR RIGHTS THIS SECTION DOES NOT PRECLUDE YOU FROM FIRST PURSUING ALTERNATIVE DISPUTE RESOLUTION THROUGH BBB AUTO LINE AS DESCRIBED IN THE "ALTERNATIVE DISPUTE RESOLUTION" PROVISION IN SECTION 3 OF THIS HANDBOOK. If you purchased or leased your Gensis vehicle in the State of California, you and w...

Excerpt: ...2 through 823, public entity liability based on the torts of government employees and/or government contractors under Government Code sections 815.2 and 815.4 and Vehicle Code section 17001. On July 15, 2021, Defendant filed an answer. On December 19, 2022, the Court granted Defendant's motion to compel responses to form interrogatories (set two) and ordered Plaintiff to serve code- compliant discovery responses within 30 days. On January 19, 202...

Excerpt: ... to the Estate of Timothy Swihart, Deceased (collectively, “Plaintiffs”) NOTICE: OK RELIEF REQUESTED: Moving Defendants demur to the second, third, and fourth causes of action in Plaintiffs' complaint. Moving Defendants also seeks an order striking Plaintiffs' references to punitive damages and attorney fees from the complaint. TENTATIVE RULING: The demurrer is sustained as to Plaintiffs' second and fourth causes of action and overruled as to...

Excerpt: ...ating to the construction of a surgery center located at 2039 Forest Avenue, San Jose, CA 95128 ("Surgery Center"). According to Physician Surgery, due to Shultz's negligence, the electrical system failed to meet the applicable standard and specification or to pass inspection until October 11, 2019, resulting in substantial costs, expenses, and lost profits. Physician Services also alleges: "Due to a typographical error, the contract misspelled '...

Excerpt: ...se suffered by Plaintiff when she was a student at St. Aloysius. (SAC, '1 28.) In 1997, when Plaintiff was four years old, she participated in school related and after-school activities at St. Aloysius. (SAC, 30.) Father Benedict Van Der Putten ("Van Der Putten") was a priest at St. Aloysius and he sexually abused and assaulted Plaintiff multiple times from 1997 to 1999, when Plaintiff was six years old. (Ibid.) Van Der Putten's inappropriate beh...

Excerpt: ...njured three victims and killed two others. Grace Solutions provides emergency shelter for the unhoused throughout San Jose, CA. (Grace Solutions Reply to James Chelley's Opposition to Separate Statement of Undisputed Facts "RSSUF" Nos. 1 & 2.) In 2021, Grace Solutions entered into an agreement with Defendant GRACE BAPTIST CHURCH to utilize their space for Grace Solutions' emergency shelter for the unhoused. (RSSLJF No. 3.) At the time of the inc...

Excerpt: ...be brought to trial within five years after the action is commenced against the defendant." Dismissal of cases not brought to trial within this timeframe is mandatory. Code of Civil Procedure section 583.360, titled "Dismissal", states: (a) An action shall be dismissed by the court on its own motion or on motion of the defendant, after notce to the parties, if the action is not brought to trial within the time prescribed in this article. (b) The ...

Excerpt: ...ts filed and unlawful detainer action to remove Plaintiff from the Property, and Plaintiff filed the instant lawsuit asserting (1) Breach of Implied Warranty of Habitability, (2) Breach of the Covenant of Quiet Enjoyment, (3) Nuisance, (4) Negligence, (5) Violation of San Jose Municipal code Section 17.23.1250(A), (6) Violation of San Jose Municipal Code Section 17.23.010, et. seq., (7) Violation of San Jose Municipal Code Secton 17.20.900, et. s...

Excerpt: ...of Court 3.1308, the Court issues its tentatve ruling as follows. l. Background This is an action arising out of the alleged improper suspension of a kindergarten student at Ruskin Elementary School ("Ruskin"), which is in the District. On June 6, 2019, a teacher allegedly saw Aygulina pinning another girl ("K") against the wall and trying to kiss and fondle her. (FAC, 17.) Aygulina was suspended for one day, which was the last day of school and ...

Excerpt: ... cyber-related insurance risks. (Amended Complaint ("AC"), 2.) Defendant/crosscomplainant is a software company that provides software for secure electronic file sharing and services to customers. (ld., '1 5.) Defendant/cross- complainant developed and sold licenses for software called File Transfer Appliance ("FTA"), which it marketed as a secure method of transferring files. (ld., 7.) Insured A was Plaintiff's insured and one of Defendant's FTA...

Excerpt: ...Decedent's children. (PLD-PI- 001, MC-025.) The Complaint alleges that on November 12, 2020, Defendant hired Decedent to cut down and remove trees from his private property located at 18702 Bear Creek Road, Los Gatos, California, 95033 ("Subject Property"), knowing that Decedent did not have a contractor license. Defendant allegedly negligently created a dangerous condition on the Subject Property and failed to warn or guard the Decedent against ...

Excerpt: ...anty with AMH. During the warranty period, the Vehicle's Honda Sensing system suffered from defects. (Complaint, "1 15-19.) According to material AMH provided to dealers, certain environmental and roadway conditions, such as bad weather, can affect the operation of Honda Sensing. (Complaint, '1 20.) Honda's owner's guide failed to disclose this information to Plaintiff. (Complaint, 21.) AMH, according to Plaintiff, knew that Honda Sensing had fau...

Excerpt: ...bedded finance platform enabling any organization to launch financial application products in a safe, compliant, and efficient manner. (FAXC, '1 7.) Taekus is a fintech startup payment card company that provides banking services and reward cards to consumers and businesses. (FAXC, '17.) Each time a consumer "swiped" their Taekus debit card to make a purchase, a series of complex transactions would take place that had the effect of debiting the co...

Excerpt: ...counties do not provide and that Midpen is subject to California's laws pertaining to government contracts. Plaintiff filed this action on November 23, 2022, seeking a declaratory judgment, injunctive relief, and damages against Midpen for Midpen's alleged failure to follow the Ralph M. Brown Act (Govt. Code 554950, et. seq.) ("Brown Act") when it awarded a contract for stables concessionaire at Bear Creek Stables to Chaparral Country Corporation...

Excerpt: ...nchoscopy. (FAC, '1 2.) While Dr. Nathan was under anesthesia, the anesthesiologist left him for crucial minutes, during which he suffered a stroke. Failing to detect the stroke, Stanford staff wrongly concluded that Dr. Nathan had suffered a heart attack and did not conduct a physical or neurological examination until 48 hours after the procedure. Dr. Nathan was released on March 16, 2022, and has since been recovering in Santa Barbara. (FAC, '1...

Excerpt: ...ver the age of forty years old, sues under Assembly Bill 218 (codified as Code of Civ. Proc. 5340.1) In his first amended complaint ("FAC") Plaintiff alleges (1) negligence, (2) negligence supervision, (3) negligent hiring/retenäon, (4) negligent failure to warn, train of educate, (5) sexual harassment (Civil Code S 51.9), and (6) sexual harassment. II. Legal Standard A defendant may move for judgment on the pleadings when the "complaint does no...

Excerpt: ...f obtained a mortgage loan on property located at 191 Curry Avenue in Morgan Hill (the "Property") from LoanCity.com in the amount of $569,700M, memorialized by a Deed of Trust. (FAC, '1 11.) The maturity due date is February 1, 2034. (Ibid.) The Trustee was First American Title. (Ibid.) Mortgage Electronic Registration System, Inc. ("MERS") was delineated as Beneficiary solely as nominee for the Lender. (Ibid.) On April 5, 2022, an assignment of...

Excerpt: ...er to Mr. Abdo's Second Amended Cross-complaint came on for hearing on May 30, 2023. According to the local rules, Judge Manoukian issued a tentative ruling sustaining the demurrers without leave to amend. The parties appeared both for argument and a case management conference. Because Judge Manoukian had a particularly busy calendar that day, during the hearing, Mr. Abdo was not permitted to provide Judge Manoukian with his complete argument con...

Excerpt: ...ntered into a warranty agreement, by which AHM undertook to preserve or maintain the utility or performance of the Vehicle. (FAC, 9.) She alleges AHM manufactured and/or distributed hundreds of thousands of vehicles with defective transmissions that were installed in a range of vehicles, including the subject Vehicle while knowing of the alleged transmission defect. (FAC, "1 11, 17, 19-40.) Plaintiff initiated this action on July 21, 2023, assert...

Excerpt: ...ter she had surgery on her frozen left shoulder. She claims physical therapy "was pretty effective for releasing frozen shoulder but caused some damages on Deltoid muscle and back of my left shoulder." Plaintiff alleges she "had existing injuries before Physical Therapy: a torn supraspinator muscle, inflammation on both Deltoid and Supraspinatus, a depressed sub-Crominal space, after surgery with decompression, I went to Physical Therapy." She fu...

Excerpt: ... to late 2022, the Subject Property went to a foreclosure sale auction. (Complaint, '1 12.) Plaintiff won the auction as the highest bidder and tendered payment in November 2022. (Complaint, 12, 15.) Pursuant to SB 1079, within 45 days from Plaintiffs tender, Defendant submitted her bid with an affidavit claiming preferential treatment as an "eligible-bidder." Defendant then took title and a deed in her name was recorded in November 2022. (Compla...

Excerpt: ...0, titled "Dismissal", states: (a) An action shall be dismissed by the court on its own motion or on motion of the defendant, after notice to the parties, if the action is not brought to trial within the time prescribed in this article. (b) The requirements of this article are mandatory and are not subject to extension, excuse, or exception except as expressly provided by statute. (Emphasis added.) "The purpose of the five-year rule is to 'promot...

Excerpt: ...ng with Plaintiff. In its November 28, 2023 order, the Court ordered "the parties to submit on or before December 5, 2023 a joint letter brief (a) listing the discovery requests that still require Court intervention and (b) providing authority for the Court to sanction prior counsel to pay for Plaintiff's attorney fees and costs incurred in bringing this motion." The Court received the joint letter brief, which states the parties have resolved th...

Excerpt: ...n permits for a new clinic he was planning on opening at 1378 El Camino Real in Santa Clara. (FAC, 8.) On October 31, 2021, Ma retained Defendants to complete the drawings and obtain the permits. (Ibid.) The parties agreed that Ma would pay $7,000 and Defendants would provide schematic designs, design development, and construction documents for the space, which would have three treatment rooms with a reception area, a Chinese medicine room, a lau...

Excerpt: ... was sixteen years old at that time and participating in cooperative program between ESUHSD and the College District, began taking general psychology course at Evergreen taught by Defendant Brad Carothers. (FAC, 22.) Carothers began paying special attention to Plaintiff, including frequent late night phone calls and text messages. (FAC, 23, 25.) In April 2013, the conversations between Plaintiff and Carothers veered into inappropriate territory w...

Excerpt: ..., including a cooling system leak, soot accumulation in the Vehicle's particulate filter which required a replacement of the vehicles entre fuel system. Consumer Law Experts, PC ("CLE") agreed to take Plaintiff's case on a contingency fee basis. During the litigation, CLE engaged in written discovery; produced the Vehicle for inspection; defended Plaintiff's deposition; attended court mandated case management conferences, informal discovery confe...

Excerpt: ...Properties, LLC, ("Owner") and FPI Management, Inc., ("FPI") for an apartment unit located at 2680 Fayette Drive, Mountain View, California, 94040, unit #201 ("Subject Unit"). Amirabbas Kashanipour, Alireza Kashanipour, Fatemeh Akhacanyekta (an individual and Guardian ad Litem for Amirehsan Kashanipour, a minor), Amirsadegh Kashanipour (collectively, "Plaintiffs") reside at the Subject unit, which Plaintiffs claim Defendants knew before December ...

Excerpt: ...ployed by Defendant Planned Parenthood Mar Monte, Inc. ("PPMM"). (Amended Complaint, 8.) Defendants hired Plaintiff on October 7, 2019 as VoIP Architect with job responsibilities that included general information technology, ensuring data security, design and implementation of Defendants' next generation Unified Communications as a Service, vendor selection and management, data analysis, and resign of Defendants' call center. (Amended Complaint, ...

Excerpt: ...engineering work experience at the time he was hired. (ld.) In the summer of 2016, Plaintiff began suffering severe migraine headaches, which he attributes to Defendant's punishing work culture and schedule. (FAC, '1 20.) He informed Liftoff of his medical issues in 2016 and again in 2017 and was told there were not forms he needed to fill out to more officially inform Liftoff of this issue. (FAC, 20-21.) Despite his medical condition and gruelin...

Excerpt: ...on arises out of the medical treatment and passing of decedent Hugo Amaya ("Decedent"). Plaintiff Karen Amaya is Decedent's sister. (SAC, 1.) Around August 6, 2021, Decedent contracted COVID-19 and he was admitted to Kaiser-San Francisco and then transferred to Kaiser-Santa Clara. (SAC, 9, 11.) The same day, Decedent granted power-of-attorney to Amaya. (SAC, '1 61.) From October 2021 to January 26, 2022, Defendants constantly threatened to "pull ...

Excerpt: ...nd Construction Incorporated ("ACI") on May 19 2023, making ACI's responses due June 21, 2023. ACI did not serve responses. A&E did not move to compel, but instead engaged in informal document exchange in the context of mediation, which informal exchange did not satisfy A&E's discovery requests. By email dated October 11, 2023, ACI first claimed not to have received the discovery, then after a telephone conference with A&E, acknowledged receiving...

Excerpt: ...n account. Defendant claims she was "hacked." Plaintiffs served Form Interrogatories, Requests for Admission, and Requests for Production of Documents (Set One) on Defendant on March 24, 2023. On July 14, 2023, Plaintiffs emailed Defendant's counsel indicating Defendant had failed to respond to this discovery and offered July 28, 2023 as a new deadline for response and that full and complete responses without objections would be necessary to avoi...

Excerpt: ...Set One) on Plaintiff. After Defendants agreed to an extension for Plaintiff to respond, Plaintiff served responses to Special Interrogatory (Set One) and Requests for Production (Set One) by email on or about June 1, 2023. Defendants claim that as of the filing of their motion, Plaintiff did not response to Form Interrogatory General (Set One). Defendants sent meet and confer letters on June 8, 2023 and June 21, 2023. Plaintiff asked for an exte...

Excerpt: ...l termination on December 13, 2022. (Complaint, '1 7.) Plaintiff alleges during a meeting with Calix's C-Suite executives required as part of her on-boarding process during her first week at Calix, Calix's Chief Financial Officer Cory Sinclair "voluntarily disclosed to Plaintiff that the press releases that Calix consistently put outto their shareholders and investors were false, or at the very least, deliberately misleading." (Complaint, 8-11.) ...

Excerpt: ...o seal Exhibits 5 and 5 in Defendants' Compendium of Evidence; and Plaintiffs' motion to seal Exhibit A to Declaration of Allen Gardner and portions of their opposition to Defendants' motion for summary judgement. Pursuant to California Rule of Court 3.1308, the Court issues its tentative ruling. l. Background This is breach of contract action. On January 16, 2015, Owner, Shoreline and Mr. Calvano entered an agreement (the "LLC Agreement") to for...

Excerpt: ...d personal expenses and travel. (Complaint, '1 15.) With the assistance of defendant Troy Foster, Kazemipour defrauded Plaintiff out of approximately $750,538. (Ibid.) After he commenced legal acton against Kazemipour, Plaintiff discovered Kazemipour transferred Plaintiff's stolen assets to others, including but not limited to, Sayar and Foster. (Ibid.) Kazemipour was the manager and director for defendant 1792 Partners, Inc. ("1792 Partners"). (...

Excerpt: ...intiff Ruby Rebosa was employed by Defendant Dolores Tapay as Ms. Tapay's in-home caregiver. (Complaint, 91.) Plaintiff alleges that in late 2018 Ms. Tapay hired her on an hourly basis to be a driver for at a pay rate of $20 per hour and was then hired to provide Ms. Tapay 24 hour in home care after Ms. Tapay suffered a fall. (Complaint, 96.) Ms. Tapay to pay Plaintiff $35ff) per month for providing full support and assistance with all activities...

Excerpt: ...jeet Singh (aka Jasjeet Singh Chala) and Defendant aalwinder Singh are the owners of the publication Quamantry Amritsar Times. (Complaint, 2.) According to Plaintiff, Quamantry Amritsar Times Volume 9, Issue 37, dated September 18, 2019 to September 24, 2019, contained statements about Plaintiff Defendants knew were false. (Complaint, "1 9- 10.) Defendants contend the statements were true. Plaintiff filed this lawsuit on November 8, 2019. Trial i...

Excerpt: ...irst amended complaint, which asserted claims for (1) breach of contract; (2) fraud and deceit- promise without intent to perform; (3) intentional misrepresentation; (4) negligent misrepresentation; (5) conversion; (6) accounting; and (7) declaratory relief. On November 13, 2019, the Court issued its order sustaining Defendants' demurrer as to the fraud-based claims (the second, third, fourth and fifth causes of action) and overruling as to the r...

Excerpt: ...ling. l. undisputed Factual Background On or about October 5, 2006, Plaintiff obtained a $564,000.00 Loan ("the Loan") secured by real property located at 702 Flannery Street, Santa Clara, CA 95051. (Separate Statement of undisputed Material Facts ("SSUMF"), '1 1; Declaration of Kevin Flannigan ("Flannigan Decl.") 4, Ex. 1.) The Loan is evidenced by a Deed of Trust publicly recorded by the Santa Clara County Recorder on October 11, 2006. (SSUMF, ...

Excerpt: ... Mr. Guo was evicted along with his sub-lessors. Mr. Guo sued Ms. Bhagat for $5zm which he claims represents four months of rent, in a small claims action. Ms. Bhagat sued Mr. Guo and Ms. Zhu for breach of quiet enjoyment of premises, harassment of tenant, breach of habitability, housing discrimination, negligence, intentional infliction of emotional distress, and unfair and unlawful business practices in an unlimited civil action. Ms. Zhu claims...

Excerpt: ...rding 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 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 lanes are unclear, the light is low or the Tesla's camera...

Excerpt: ...tion pursuant to Code of Civil Procedure section 761.010 on May 30, 2023. CN One moves the Court to expunge the lis pendens. PP Elmdale owns apartment buildings located at 984 Elm Street in San Jose ("Plaintiff's Property") and at the adjacent 990 Elm Street, both of which it acquired in 1973. (Complaint, "1, 4, Ex. A; Corrected Declaration of Kirk Kozlowski, '13.) In 2020, CN One purchased property adjacent to 984 Elm Street for development ("De...

Excerpt: ...ects." Plaintiffs "national origin is Lebanese, which is an Arab country in the Middle East" and has "Arabic ancestry and ethnic characteristics." Plaintiff's first name "Mazen" is allegedly "known to be an Arabic name" and his surname "Arakji" is allegedly "known to a [M]uslim surname." (First Amended Complaint 1.) Plaintiff holds a Bachelor's in Electrical and Computer Engineering and a Master's in Computer Engineering from the university of Co...

Excerpt: ...ber Defendants hired Plaintiff as a full time, non-exempt employee. (Complaint, '128.) She performed her job duties with excellence until Mehranfar terminated her on July 8, 2021. (Ibid.) During her employment, Defendants misclassified Plaintiff as an independent contractor and deprived her of pay for all hours worked, rest periods, mealtimes, and itemized wage statements. (Complaint, '135.) Plaintiff worked 5 days a week, with 3 of those days co...

Excerpt: ...rve or maintain the utility or performance of the Vehicle or to provide compensation if there was a failure in such utility or performance. (Ibid.) The Vehicle was delivered to Plaintiff with serious defects and nonconformities to the warranty and it developed other serious defects and nonconformities to the warranty, including but not limited to, engine, transmission, electrical, and exterior defects. (FAC, 9.) Plaintiff initiated this action on...

Excerpt: ...ayers committed various acts of domestic violence against her. (Amended Complaint ("AC"), Plaintiff further alleges Mayers' stepfather, James P. Dechaine and his stepbrother Roanld Dechaine were involved in a "traunching" fraud scheme involving investments and real estate. (AC, "113-14.) Plaintiff also seems to allege that Defendants Randy Omoto and his wife Alison Macuch were involved in a scheme with Mavers and the Dechaines to use Plaintiff's ...

Excerpt: ...f Surgery for the Santa Clara Valley Medical Center ("SCVMA") for 13 years until she tendered her resignation on August 18, 2017. (Complaint, 2.) In January 2017, Plaintiff took medical leave because of her disability. (Complaint, 4.) She returned to work in late July 2017, with a Work Status Report from her doctor that contained a restriction, limiting her to no more than 4 hours of work per day. (Complaint, '15.) The Work Status Report stated "...

Excerpt: ...f Eagle Ridge called Eagle Ridge Courtyards ("Courtyards"). Plaintiff is an owner within the Courtyards. All owners within the Courtyards are members of Eagle Ridge Owners Association ("Association") and subject to the Eagle Ridge Declaration of Covenants, Conditions and Restrictions ("CC&Rs"). The Courtyards are also subject to the Declaration of Annexation and Supplemental Restrictions for The Community of Eagle Ridge ("Supplement"). The Supple...

Excerpt: ...er which Defendants agreed to help Plaintiff invest in real estate properties. On the same day, Plaintiff transferred $400,000.00 to Formica's bank account in exchange for his finding and purchasing an investment property for her. On or about February 3, 2018, Plaintiff and Defendants signed a note ("Promissory Note") in which Defendants agreed to return Plaintiff's $400,000.00, plus interest, by June 15, 2018. (Complaint, Exhibit A.) Defendants ...

Excerpt: ...ending default), locked him out of the premises, placed his belongings outside, and took some of his personal property, including an audio recording containing information Plaintiff claims is necessary for another lawsuit. ay this motion, Plaintiff seeks an order compelling Defendant Irma Cruz to provide responses to his Form Interrogatories (Set Two), Requests for Production of Documents (Set One), and Requests for Admission (Set One). It appear...

Excerpt: ...atic stress disorder for which he had been hospital-zed several times. (Ibid.) In 2019, Plaintiff was a graduate student at Stanford University in the neuroscience field. (TAC, '1 14.) On March 9, 2019, he believed he was suffering a bipolar episode and presented to Stanford Hospital for voluntary admission. (TAC, 15-16.) During his stay, he was prescribed medications that were not medically appropriate, given his history and symptoms. (TAC, "1 1...

Excerpt: ...les for Defendant and Cross- Complainant S5 Advisory, Inc. ("S5"). Plaintiff alleges causes of action for wrongful termination, discrimination, and related claims stemming from that contractual relationship. S5 cross-complains for trade secret misappropriation, unfair competition, and related claims. After Plaintiff filed her motons to compel, the parties engaged in further meet and confer efforts and narrowed the number of requests that remain a...

Excerpt: ...ive rulings. l. Background This achon arises out of a data breach. Plaintiff is an insurance company that issued a series of insurance policies to corporate insureds for coverage against cyber-related insurance risks. (Amended Complaint ("AC"), '1 2.) Defendant is a technology and software company that provides software for secure electronic file sharing and services to customers. (ld., '1 5.) Defendant developed and sold licenses for a software ...

Excerpt: ...tiffs Delia and Isaias Ruvalcaba and Næ and Elizabeth Perez purchased the Subject Property for by paying the Ortegas $200mo in cash and borrowing from the Ortegas on a seller carryback note secured by a deed of trust that was recorded against the Subject Property. (Complaint, 18.) Plaintiff alleges the Ortegas failed to disclose an easement that permits Defendant Recology Pacheco Pass to install drainage, pumps, tanks, and similar systems on the...

Excerpt: ...ther to Willow Bonner. Mr. Bonner had just turned 55 when he fell from his chair while doing physical therapy at home, landed on his right arm, and dislocated his shoulder. Five days later, on October 31, 2018, Mr. Bonner presented to Regional Medical Center of San Jose emergency department. The plan was to admit Mr. Bonner and attempt closed reduction under conscious sedation and, if necessary, open reduction under general anesthesia. (Defendant...

Excerpt: ... to COVID-19 would exacerbate his disability. (Complaint, 13.) His request was denied without explanation, and he was denied time off under the Family Medical Leave Act ("FMLA") and paid administrative leave because his doctor's note did not have all the necessary information. (Complaint, 14-15.) Although he provided the required documentation, the County changed its policy regarding paid administrative leave in April 2020. (Complaint, 16.) The C...

Excerpt: ...ackground This is an eminent domain action. Plaintiff seeks to acquire a subsurface subway easement beneath a 6,723 square foot area of Defendants' real property ("Subject Property") for SCVTA's BART Silicon Valley Extension (BSV) Program ("Project"). The Project will extend BART service from Fremont through Milpitas, San Jose, and into Santa Clara. After completion of various studies and environmental impact reports, SCVTA notified the Defendant...

Excerpt: ...n of Bailey Avenue and Santa Teresa Boulevard in San Jose, when the bicycle lane ended and forced him to merge into the vehicle lane. (Complaint, 11.) The lane he merged into was downhill, covered in potholes, uneven roading, and debris which caused him to crash and sustain serious bodily injuries and other damages. (Ibid.) Plaintiff initiated this achon on February 26, 2021, asserting: (1) violation of Government Code secton 815.2; (2) violation...

Excerpt: ...r for at a pay rate of $20 per hour and was then hired to provide Ms. Tapay 24 hour in home care after Ms. Tapay suffered a fall. (Complaint, Ms. Tapay agreed to pay Plaintiff $3500 per month for providing full support and assistance with all activities of daily living. (Complaint, 96-7.) Plaintiff worked for Ms. Tapay in this way from October 1, 2019 until October 31, 2021 with only very limited time off. Plaintiff alleges she was not paid overt...

Excerpt: ...e exercise of this discretion must be sound and reasonable and not arbitrary or capricious. (Richter v. Adams, 43 Cal.App.2d 184, 187; Eckert v. Graham, 131 Cal.App. 718, 721.) '[It] is a rare case in which 'a court will be justified in refusing a party leave to amend his pleadings so that he may properly present his case.' (Guidery v. Green, 95 Cal. 530, 533; Marrv. Rhodes, 131 Cal. 267, 270.) If the motion to amend is timely made and the granti...

Excerpt: ...fendant regarding a 2021 Chevrolet Silverado ("Vehicle"), he delivered the Vehicle to GVVs authorized service and repair facilities, at least on 4 separate occasions, and that Defendant failed to repair, adjust, and/or replace any necessary parts to conform the subject vehicle to fts applicable warranty (FAC 5, 22-25.) Despite lengthy days spent on repairs and Defendant's representations, Plaintiff continued to experience various transmission pro...

Excerpt: ...y SoundHound from November 29, 2011 to August 30, 2019. (TAC, '1 12.) SoundHound is a digital voice application company that enables humans to speak naturally to their smartphones and other devices. (TAC, 13.) Wilson was initially hired as a Principal Engineer and later he was promoted to Architect. (TAC, 14.) He created a significant amount of SoundHound's intellectual property, and he was an integral employee. (TAC, '114.) Over the course of hi...

Excerpt: ...ction with that purchase they received various warranties from Ford Motor Company ("FMC"). (Complaint, "9-10.) Plaintiffs further allege that the Vehicle experienced transmission and engine defects during the warranty period. (Complaint, 911.) Plaintiffs filed this lawsuit on February 22, 2021 alleging (1) Violation of Civil Code Section 1793.2(D) (against FMC); (2) Violation of Civil Code Section 1793.2(B) (against FMC); Violation of Civil Code ...

Excerpt: ... and coach who was and is employed by the Campbell Union School District ("CUHSD") and the Foothill-De Anza Community College School District ("FHDA"). (FAC, '1 8.) In early December 2021, Plaintiff began interviewing for promotion to a full-time tenured coach with FHDA and was told that he would likely be accepted for the position. Plaintiff had worked at FHDA for 14 years (6 years as the part-time head football coach). (FAC, 9.) Prior to Defend...

Excerpt: ...e is no arbitration agreement between Kia and Plaintiff, thus there is no arbitration agreement to enforce." The Parties appeared for argument, and Kia argued the Court did not have jurisdiction to sua sponte reconsider Judge Rudy's prior order sending the matter to arbitration. The Court granted Kia's request to brief and argue the issue. Having reviewed the Parties' supplemental briefing, the Court now issues a revised tentative ruling. l. Back...

Excerpt: ...rty and removed two matured birch trees without Plaintiff's knowledge and consent. On the following day, when Plaintiff arrived home, he received a note from Defendants acknowledging that their employees had removed the two birch trees. On April 10, 2023, Plaintiff filed this complaint against Defendants alleging: (1) trespass, (2) treble damages for wrongful cutting or removal of timber pursuant to Civil Code section 3345(A) and Code of Civil Pr...

Excerpt: ... property is located at 1305 Buckthorne Way in San Jose (the "Property"). (Cross-complaint, '1 4.) In March 2022, Cross-complainants discovered the Property was in tax default status and was about to be auctioned off ata real property sale. (Ibid.) Cross-complainants paid the latest year's real property taxes, which stopped the pending tax sale. (Ibid.) After investigation, they determined the Property was abandoned. (Cross Complainant, '15.) In ...

Excerpt: ...9, Plaintiff David Feldman filed this lawsuit against his former attorney Robert Machado alleging (1) deceit and intentional fraud, (2) promissory fraud, (3) concealment fraud, (4) constructive fraud, and (5) elder financial abuse. Feldman filed a first amended complaint on November 12, 2019 asserting the same five claims and seeking 33,123,340M in actual damages, pun-tive damages, and treble damages. By stipulation of the parties, Feldman added ...

Excerpt: ...) on or about July 1, 2018 and obtained an express warranty. Plaintiff further alleges that during the warranty period, the Vehicle developed defects, including a defective transmission system and defective body system. Plaintiff brought this case against GM on January 20, 2023 asserting various warranty claims. Plaintiff now seeks an order compelling GM to produce documents relating to (1) GM's internal investigation and analysis of the Powertra...

Excerpt: ...ber 19, 2022 for breach of warranties. The complaint does not appear to have any more specific allegations for this Vehicle. Plaintiff now seeks to compel Kia to produce person(s) most knowledgeable for deposition and documents. Kia argues the topics are overbroad and Plaintiff failed to adequately meet and confer. II. Legal Standard Discovery is generally permitted "regarding any matter, not privileged, that is relevant to the subject matter inv...

Excerpt: ...ng to the First Amended Complaint ("FAC"), Plaintiff Shadi Figuli is a licensed real estate broker and has been in business as an interior designer operating under the name and business entity Lilac Level Interiors, LLC since 2016. (FAC 5.) In May 2018, Ms. Figuli was approached by Defendants' daughter, Kimya, a friend familiar with Ms. Figuli's interior design work, regarding homes Kimya's father was constructing for profit in Campbell at 125 Ro...

Excerpt: ... of a condominium construction project at 188 West St. James ("Property"). Defendant FPP MB, LLC ("FPP MB") allegedly owns the Property, at least with respect to the individual units that have not yet been sold to the public. (First Amended Complaint, 94.) On or about July 26, 2016, Plaintiff entered a written subcontract with Defendant FPCto perform certain drywa I construction work at the Property ("Drywall Subcontract"). (FAC, "4, 15.) Califor...

Excerpt: ...ar-old settlor, beneficiary, and co trustee of the Davidson Living Trust, dated December 6, 1989. (FAC, '1 12.) Stephanie is her daughter. (FAC, 17.) Plaintiff is Anita's neighbor, and she first met Defendants in the Spring of 1976. (FAC, 46-47.) In September 2017, Plaintiff's relationship with Anita transitioned from neighborly gestures to a close friendship that evolved into a mother-daughter dynamic over a period of two and a half years. (FAC,...

Excerpt: ....) Defendant is a technology and software company that provides software for secure electronic file sharing and services to customers. (ld., '1 5.) Defendant developed and sold licenses for a software called File Transfer Appliance ("FTA"), which it marketed as a secure method of transferring files. (ld„ '1 7.) Plaintiff insured Foley & Lardner LLP ("Foley") which was one of Defendant's FTA customers in December 2020 and January 2021. (ld., 31....

Excerpt: ...onsumed multiple beers and was intoxicated at the time of the accident when he rear-ended Plaintiff at a high rate of speed and totaled his vehicle. (FAC, 10-11, 13.) As a result, Plaintiff suffered severe personal injuries, which will result in some permanent disability. (FAC, '118.) On March 1, 2023, Plaintiff initiated this action, asserting a claim for negligence. On May 25, 2023, he filed his FAC, which asserts a claim for negligence. On Jun...

Excerpt: ...) on its property. By order dated April 4, 2023, the Court (Hon. Amber Rosen) granted Defendants' special motion to strike this complaint. Apparently, immediately upon receipt of this order, Plaintiff filed a paper which seems to ask the undersigned to set that ruling aside. There is no basis stated in Plaintiff's motion papers or otherwise that would support setting the April 4, 2023 ruling aside. Plaintiff's motion is therefore DENIED. II. Defe...

Excerpt: ... Mustard Seed Learning Center ("Mustard Seed") and Shuhuan Hsu, asserting breach of lease, breach of guaranty, breach of implied covenant of good faith and fair dealing and fraud. The Complaint alleges that on November 2, 2010 Bayshore and Mustard Seed entered a 10 year lease which commenced on July 21, 2012. (Complaint, "7, 10, Ex. A.) Mustard Seed leased the premises for the purpose of operating a commercial daycare and after school learning ce...

Excerpt: ...r around March 19, 2021. In connection with that purchase, Plaintiffs allegedly entered a warranty contract with General Motors LLC Plaintiffs allege that during the warranty period, Vehicle manifested "[coeffects and nonconformities", "including but not limited to, the engine defects; the airbag defects; the break defects; the suspension defects; the infotainment defects; among other defects and nonconformities." (Complaint, 914.) Plaintiffs fil...

Excerpt: ...f the Song-Beverly Act breach of implied warranty, and (3) violation of the Song-Beverly Act section 1793.2 against General Motors, LLC ("GM"). Plaintiffs claim a 2018 Chevrolet Silverado ("Vehicle") they purchased on May 27, 2019 was delivered with "serious defects and nonconformities to warranty and developed other serious defects and nonconformities to warranty including, but not limited to, engine, electrical, emission, suspension, and transm...

Excerpt: .... The operative Third Amended Complaint ("TAC"), filed on December 2, 2022, states single cause of action for negligent misrepresentation arising from the terminaton of Plaintiff's employment on July 29, 2019. (See TAC at '14.) The original Complaint, the First Amended Complaint ("FAC"), the Second Amended Complaint ("SAC"), and the Third Amended Complaint (TAC) list seven defendants: the Board of Trustees of the Leland Stanford Junior University...

Excerpt: ...reet and 617 South Third Street in San Jose (the "Premises"). (SAC, '1 15.) The Property has always functioned as a funeral home. (SAC, '116.) The lease was signed between Plaintiff and the original lessors on August 1, 2007. (SAC, 16.) The lease was modified in October or November 2007. (SAC, '117.) Plaintiff made all rental payments for the first four years of the Lease and there were no objections to the timing or amount during these years or ...

Excerpt: ...t of alleged sexual abuse suffered by Plaintiff when she was a student at St. Aloysius. (FAC, 28.) In 1997, when Plaintiff was four years old, she participated in school related and after-school activites at St. Aloysius. (FAC, 28, 29.) Father Benedict Van Der Putten ("Van Der Putten") was a priest at St. Aloysius and he sexually abused and assaulted Plaintiff multiple times from 1997 to 1999, when Plaintiff was six years old. (FAC, 30.) St. Aloy...

Excerpt: ... damage or loss under two builders risk insurance issued by Respondent American Zurich Insurance Company. (Petition, "2-3, Ex A.) The provided replacement cost coverage up to a stated limit of $9CWW for all risks of direct physical loss to the Property not specifically excluded or excepted, including physical loss or damage caused by water escaping from a plumbing system and for additional coverage for other types of stated losses above the $900,...

Excerpt: ...settlement agreement allegedly entered to resolve a lawsuit Cross-Defendant Kleidman filed in 2013. According to the Cross Complaint brought by Nitin Shah, Don Cook, E.J. Von Schaumburg, Feeva Technology ("Feeva"), Michael Maidy, Timothy Cox, Martin Pichinson, Bernie Murphy, Sherwood Management, LLC, Sherwood Partners, LLC ("Sherwocff), FeevT (Assignment for the Benefit of Creditors), LLC ("FeevT"), Estate of Robert Quist, David Becker, Becker Le...

Excerpt: ...g of decedent Hugo Amaya ("Decedent"). Plaintiff Karen Amaya is Decedent's sister. (SAC, '1 1.) Around August 6, 2021, Decedent contracted COVID-19 and he was admitted to Kaiser-San Francisco and then transferred to Kaiser-Santa Clara. (SAC, 9, 11.) The same day, Decedent granted power-of-attorney to Amaya. (SAC, 61.) From October 2021 to January 26, 2022, Defendants constantly threatened to "pull the plug" on the Decedent. (SAC, 17.) On January ...

Excerpt: ...ns tailored to consumers' needs. HQ operated as part of a common enterprise with its four subsidiaries, Health IQ Insurance Services lnc„ Health IQ Administrative Services Inc., Health IQ RE Inc., HIQ SPV Insurance Services. (FAC '1 11-26, 31.) On April 6, 2022, Plaintiff and HiQ entered into a Lead Purchase Agreement ("Agreement") under which Plaintiff agreed to provide HiQ leads to potential customers. (ld. '1 32 & Ex. 1, Pg. 1.) Although HIQ...

Excerpt: ...annis of Universal Music Publishing Group ("UMPG") randomly called Mr. Curcio and he asked Mr. Grannis to confirm confidentiality in writing. (TAC, p. 3, 1.) Mr. Grannis granted Mr. Curcio confidentiality in written contract, along with a questionnaire. (ld.) Around mid-February 2016 to mid-March 2016, Mr. Curcio invented his monetzation model and trade secret. (TAC, p. 3, 2.) On March 24, 2016, Mr. Curcio emailed Mr. Grannis and shared his monet...

Excerpt: ...t. Cade 554950, et. seq.) ("Brown Act") when it awarded a contract for stables concessionaire at Bear Creek Stables to Chaparral Country Corporation ("Chaparral"). (First Amended Complaint, '1 1.) Plaintiff alleges Midpen is a California voter created independent district, i.e., a local government that provides 3 specialized service to the public that local cites and counties do not provide and that Midpen is subject to California's laws pertaini...

Excerpt: ...ed and requested repurchase of the Vehicle. Before filing this lawsuit on March 4, 2020, Plaintiff sent correspondence to Defendant again demanding repurchase of the Vehicle. Plaintiff received no response. Accordingly, Plaintiff filed this lawsuit on July 15, 2020. Defendant answered, denying liability, and asserting twenty-three affirmative defenses. Defendant conducted written discovery and deposed dealership personnel and Defendant's person m...

Excerpt: ...roperty") from LoanCity.com in the amount of $569,700.W, memorialized by a Deed of Trust. (Complaint, 1, 12.) The maturity due date is February 1, 2034. (Complaint, '1 12.) The Trustee was First American Title. (Ibid.) Mortgage Electronic Registration System, Inc. ("MERS") was delineated as Beneficiary solely as nominee for the Lender. (Ibid.) On April 5, 2022, an assignment of the deed of trust from MERS to U.S. Bank National Association ("U.S. ...

Excerpt: ...aving chest pains. (Attachment to Complaint, p. 4.)2 On August 7, 2020, a deputy twisted his wrist over tightened handcuffs, which caused injury; on August 17, 2020, Plaintiff was left in a hot van with no air conditioning, which caused him to suffer from heat stroke; and on September 10, 2020, deputies retaliated against him, which led to a "code 3" on October 3, 2020, when another deputy challenged Plaintiff because he refused orders to confron...

Excerpt: ...entered a written Retail Installment Sale Contract — Simple Finance Charge ("RISC") under which the purchase of the vehicle was to be paid in installments as provided for in the RISC. (Complaint, 93.) The RISC is attached to the Complaint as Exhibit 1 "and incorporated [into the Complaint] by reference." (ld.) Top Notch Auto Sales "sold, assigned and transferred to Plaintiff all of the seller's right, title and interest in and to the [RISC], an...

Excerpt: ...ed ground rod located at the Defendants' property, causing him to suffer severe injuries to his left shoulder. 2. Equity's Cross- Complaint Per the Cross-complaint, the Morgan Hill Preserve located at 12895 Uvas Road in Morgan Hill (the "Property") is where Plaintiff was injured and was operated by Equity's direct and wholly owned subsidiary, defendant MHC TT, Inc.("MHC"). (Cross-complaint, '1 3.) MHC entered a written vendor services agreement (...

Excerpt: ...elieved to be the smell of oil (Complaint, 910.) When Plaintiff asked the salesperson about this smell, he was told the smell was because of "caps" that had been removed from the exhaust system, but that the Vehicle had been extensively checked by Dealer's technician and had no problems. (ld.) Plaintiff had no reason not to believe the salesperson's representations. (ld.) Plaintiff then immediately experienced several problems with the Vehicle, n...

Excerpt: ...tered a contract with TM for the purchase of Lot 104 at 73 Montecito Vista Drive, Unit No. 1 in San Jose (the "Property") for $669,745 and deposited $20,093.25 into escrow. (TAC, '1 23.) Pursuant to section 8(a) of the contract, the closing date for the transaction was required to when a certificate of occupancy was issued, as San Jose Municipal Code S 24.02.61(A) prohibited usage or occupancy of the Property prior to the issuance of a certificat...

Excerpt: ...lto (the "Sheridan Property")3 , while the consolidated cases involve property located at 4234 Pomona Avenue in Palo Alto (the "Pomona Property").4 The instant motions involve the Pomona Property. Sherry holds a 70% title interest in the Pomona Property with her husband, Alexander Liu ("Alex"), as community property. (Complaint, 3.)5 Defendant Mei Haw Chuang is Sherrvs mother and the wife of the late Ying Cheh Chuang, who passed in April 2017. (C...

Excerpt: ...d (3) Defendants' demurrer to the First Amended Complaint ("FAC"). Pursuant to California Rule of Court 3.1308, the Court issues its tentative ruling. l. Background On May 24, 2007, Plaintiff executed a deed of trust ("DOT") encumbering the property at 1588 Calco Creek Drive in San Jose (the "Property") to secure a promissory note in the principal amount of $1 million (the "Note") from Washington Mutual. JP Morgan Chase ("Chase") later acquired t...

Excerpt: ...llowing provisions: 3. Mutual Stay-Away Provision: The Parties agree not to contact the other, either directly or indyectly, in anyway, including but not limited to, in person, by telephone, in writing, by public or private mail, by interoffice mail, by email, by text message, by fax, or by any other electronic means. This is not an exclusive legal remedy for any future conduct. If the parties encounter one another by chance or accident, the part...

Excerpt: ...ient on February 13, 2020 and was punched in the breast with a closed fist and insulted by the client after he became agitated. Familiar alleges Plaintiff entered a Personal Caregiver Employment Agreement on December 10, 2019 (the "Agreement"). Paragraph 6 of the Agreement contains a detailed arbitration clause that requires: All claims, disputes, controversies, or disagreements of any kind whatsoever ("Claims"), including any Claim arising out o...