Excerpt: ...chael Maidy's, Timothy Cox's, Martin Pichinson's motion for summary judgment, and (6) Feeva Technology Inc.'s motion for summary judgment, against Cross- Defendant, Peter Kleidman. Pursuant to California Rule of Court 3.1308, the Court issues its tentative ruling. I. Bac kground This is an action for breach of settlement agreement allegedly entered to resolve lawsuit CrossDefendant Kleidman filed in 2013. According to the Cross- Complaint brough...

Excerpt: ...rike the TACC; (3) defenda nt Hudson Insurance Company's (“Hudson”) motion to strike the TACC; and (4) Hudson's motion for sanctions against Abdo. Pursuant to California Rule of Court 3.1308, the Court issues its tentative ruling. I. Background This is an action for fraud and unfa ir business practices. According to the TACC, crossdefendant Jalal Shreim (“Jalal”) was the sole shareholder, president, and CEO of Friendly Wholesalers of Cali...

Excerpt: ...urt granted both motions. Plaintiff now asks the Court to vacate its grant of summary judgment for Flowers pursuant to Code of Civil Procedure 473(b) because Plaintiff mistakenly filed her opposition to both motions late because she thought both motions were s et for January 22, 2024. Plaintiff's request is denied. While Plaintiff is correct that the Court declined to exercise its discretion to consider Plaintiff's late filed opposition because...

Excerpt: ... this lawsuit. Wh ile this case was pending, Mr. Wu left Bitmain and is now the Chief Executive Officer, Chief Financial Officer, and Secretary of Non- Party Bitdeer. Bitmain has evidence from its discovery of Cryplex that Cryplex contacted Mr. Wu at Bitmain to discuss this lawsuit, including “litigation funding”, “acquisition of claims”, or “business transactions.” Bitmain seeks to obtain further discovery on these topics directly fr...

Excerpt: ...) failure to provide meal periods, (6) failure to provide rest breaks, (5) failure to pay wages due upon termination; (8) failure to issue accurate and itemized wage statements, (9) failure to indemnify, and (10) unlawful business practices in violation of California Business and Professions code § 17200. Defendant asserts this matter must be sent to arbitration and the litigation stayed because Plaintiff entered an arbitration agreement at the ...

Excerpt: ...r Velador Zuniga are mother and son. Esther Zuniga is the Trustee of the Ester V. Zuniga Revocable Living Trust Dated December 20, 2004 (“Trust”). Defendant Alesia Murrieta is the Successor Trustee under the terms of the Trust and Esther Zuniga's granddaughter. The facts are not disputed. Esther Zuniga and her ex -husband, Plaintiff's father, purchased the Property as their residence in 1972. On July 2, 2003, Plaintiff's father/Esther Zuniga'...

Excerpt: ...ve rulings below. I. Background This is a personal injury matter arising out of incidents that occurred during Plaintiff's incarceration. On August 7, 2020, a deputy twisted Plaintiff's wrist over tightened handcuffs, causing injury. (SAC, p. 40; Attachment to Co mplaint, p. 4.)2 On October 3, 2020, another deputy challenged Plaintiff because he refused orders to confront another inmate. (Ibid.) Plaintiff identifies another incident on October 2...

Excerpt: ...in user -in terface (“UI”) designs, via email to provide UI design services for his project, which would later become known as Zoom. The email designated Plaintiff as “UI consultant,” and his job was to provide his professional opinions and make recommendations for im proving the product's UI. Between October 27, 2011, and October 29, 2011, Mr. Yaun and Plaintiff exchanged emails regarding contract terms, eventually entering a Shares -for...

Excerpt: ...Lua. (Complaint, p. 4.) Lua initiated this action on December 3, 2021, asserting claims for negligence and premises liability. On October 4, 2023, Seaside filed the instant motion, which Lua opposes. II. Evidentiary Objections Lua's objections to Seaside's evide nce do not need to be ruled upon because they do not comply with Rule of Court 3.1354. Rule 3.1354 requires two documents to be submitted when evidentiary objections are made: the object...

Excerpt: ...reholder of a separate entity, Cynthi.io Inc. Google's termination letter —sent only to Mr. Willaims —accuses Plaintiff of conducting work for Cynthi.io using Google's time and resources, including his corporate laptop. Plaintiff vehemently denies very sentence o f the termination letter, referencing both his pre -hiring correspondence with other Google personnel and his cooperation during Google's investigation of this alleged conflict of i...

Excerpt: ... Way in Stanford, County of Santa Clara (“Property”.) The Property is owned by Plaintiff as part of its housing program located in a 450 -acre subdivision and used exclusively to provide subsidized housing for eligible faculty. (FAC ¶¶ 3, 8, 33.) On August 21, 2018, P laintiff entered into a ground lease agreement with the Faculty Lessee for a term of 51 years. Plaintiff reserved a significant ongoing interest in the Property and granted o...

Excerpt: ...ourt 3.1308, the Court issues its tentative ruling. I. Background Plaintiff claims he is a “federal whistleblower in what [is] alleged to be the longest and most lucrative water grab [] in the State of Utah.” (Complaint ¶ 1.) According to the complaint, Defendants “perpetuated a fraudulent scheme to retire senior water rights vis- à-vis duplicitous water claims….for the construction and massive expansion of a luxurious private urban dev...

Excerpt: ...) loaned Plaintiff $620,000 (the “Loan”) subject to a promissory note (“Note”) secured by real property located at 11820 Foothill Avenue in Gilroy (the “Property”).1 (SAC, ¶¶ 1, 10.) A Deed of Trust was recorded on December 16, 2016. (SAC, ¶ 11.) In 2018 and 2020, Mil estone Financial imposed amended terms for the Loan and Plaintiff had no choice but to agree to the demands each time. (SAC, ¶ 13.) The 2020 Amended Loan Agreement c...

Excerpt: ...nt, ¶ 1.) Dr. Asllani is a Kosovo resident, doctor, and human rights activist, who has documented human rights violations in the Western Balkans for the past 30 years. (Complaint, ¶ 3.) Plaintiffs allege Google discriminated against the Albanian language by excl uding it on Google platforms and failing to support it on Google Ads and Google Adsense. (Complaint, ¶¶ 9 -12.) In 2014, the Director of Google Adriatic visited the Republic of Kosovo...

Excerpt: ...nt inc reased the interest rate from 1% to 5%, they declined to move forward with the loan, and the loan was never funded. Defendant claims the loan agreement was made between Plaintiff Van Tu's brother and Defendant in 2015. In the course of researching a pos sible refinance of the property, Plaintiffs discovered the short form deed for $200,000 was filed against their property and filed this lawsuit to quiet title. On August 13, 2021, Plaint...

Excerpt: ... again st Emil Eshagh and The Perfect Finish Inc. (“Perfect Finish”) in the amount of $50,733.28, for breach of contract, fraud, and other causes of action. Emil Eshagh was/is involved in the operation of The Perfect Finish. (Complaint, ¶ 11.) Plaintiffs had contracted Perfect Finish to design, build, and install kitchen and bathroom cabinets. (Complaint, ¶ 9.) On May 1, 2023, during a debtor's exam, Mr. Eshagh claimed (1) Earthlime Inc. wa...

Excerpt: ...s father and his mother Adrienne, as joint tenants, gifted property located at 2960 Sierra Road in San Jose (the “Property”) to Tyler and his wife, Leticia Kawamoto. (SAC, ¶ 10.) On April 30, 2007, Tyler and Leticia paid Tyler's parents $350,438.87 for the Property, and they continued to make mortgage payments of $1,500 per month. (SAC, ¶¶ 11 -12.) On June 6, 2008, Tyler's father passed away. (SAC, ¶ 13.) On November 12, 2008, Adrienne tr...

Excerpt: ...d oral argument, the Court essentially found for Petitioners. The arbitrator's interim award states: Arbitrator awards Claimants $13,504.00 as damages for breach of the HIA, plus costs in the amount of $748.32, plus attorney's fees according to proof. Claimant shall submit to Arbitrator an itemized statement of attorney's fees incurred showing the attorney's hourly rate, the date the work was performed, the work performed, and the amount of time ...

Excerpt: ...lleges Purvis breached his Þduciary duties to StormQuant when “he walked o
¯ the job with no notice or e
¯ort to protect StormQuants interests” and engaged in self-dealing to enrich himself and others, including his spouse. (Id.) StormQuant alleges Purvis “developed a scheme” to create employment agreements that would only be o
¯ered if StormQuant obtained $5 million in funding from an investor. (Complaint, ¶ 7.) StormQuant alleges ...

Excerpt: ...ackground 1. Complaint According to the Complaint, the Falcocchias engaged in unpermitted work on their residential property in violation of the City's municipal code. An administrative hearing was held before the City's Appeals Hearing Board (the “Board”). The Board ordered the Falcocchias to obtain City approval, including permits and inspections, for work done on their property. The Board also assessed administrative costs and penalties, i...

Excerpt: ...ca's (“BUPTAAA”); and iTalk Global Communications, Inc.'s (“iTalk”) special motion to strike Plainti
¯ Ning Yu's First Amended Complaint. California Code of Civil Procedure section 425.16(c) states: “a prevailing defendant on a special motion to strike shall be entitled to recover his or her attorneys' fees and costs.” (Cal. Code Civ. Pro. §425.16(c) (emphasis added).) Given the mandatory nature of these fees and costs, the only iss...

Excerpt: ...��)2, property located at 4234 Pomona Avenue in Palo Alto (the “Pomona Property”)3, and property located at 2972 Clara Drive in Palo Alto (the “Clara Property”). The Clara Property is at the center of this Complaint. In 2002, Sherry and Lisa purchased the Clara Property. (Complaint, ¶ 16.) Mei and her late husband, Ying, put up the $300,000 down payment for the Clara Property as a gift to their daughters, who are each 50% owners. (Compla...

Excerpt: ...f boarding a ßight back to her home in the State of Washington. (Deposition of Shannon Krzycki (“Krzycki Depo.”) 72:5-10.) As Ms. Krzycki waited for her ßight to begin boarding, she sat in a bank of seats across from a restroom near Gate 13 with several traveling companions, including Ken Erickson, Adam Berns, and Alessandra Berns. (Krzycki 72:21-74:13; Deposition of Adam Berns (“ Adam Berns Depo.”), 26:1-10; Deposition of Ken Erickson ...

Excerpt: ...Vehicle”), which was manufactured and/or distributed by FMC. (TAC, ¶ 6.) In connection with the purchase, Plainti
¯s 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. (TAC, ¶ 8.) During the warranty period, the Vehicle contained or developed defects, including but not limited to, defects related to the ...

Excerpt: ... Aaron Michael Cox was a Harker employee, as a dorm parent and/or sta
¯ member, and he sexually assaulted and abused Plainti
¯ on at least 10 occasions over a year when Plainti
¯ was 10 years old. (Id.) Plainti
¯ initiated this action on December 2, 2022, and on July 20, 2023, he Þled his TAC asserting: (1) negligence; (2) negligent supervision; (3) negligent hiring and/or retention; (4) negligent failure to warn, train, or educate; (5) inte...

Excerpt: ...Pico provided design services to V-Silicon in exchange for $900,000 in service fees. (Complaint, ¶ 11.) Pico fully performed its obligations under the Agreement, but V-Silicon only paid $500,000 in service fees. (Id., ¶ 12.) Pico issued two invoices on October 19, 2019 and January 2, 2020, each for $200,000. (Ibid.) V-Silicon's CFO, Linda Nie, acknowledged receipt of the October 29, 2019 invoice and planned to make payment in December 2019. (Ib...

Excerpt: ...SAC, in August 2004 Turner purchased property located at 315 Grandpark Circle in San Jose (the “Property”), which was secured by a Deed o f Trust (“DOT” ) originally h eld by World Savings Ban k. ( SAC, ¶ 10 .) Shellpoint and Trinity Financial Services, LLC1 later acquired the DOT. (Ibid.) Since 2013, Turner has repeatedly attempted to modify her loan without success. (SAC, ¶ 11.) Turner alleges that “Defendants” recorded a Notice o...

Excerpt: ... 2019, he was diagnosed with bipolar disorder and post-traumatic stress disorder for which he had been hospitalized several times. (Ibid.) In 2019, Plainti
¯ was a graduate student at Stanford University in the neuroscience Þeld. (TAC, ¶ 14.) On March 9, 2019, he believed he was su
¯ering a bipolar episode and presented to Stanford Hospital for voluntary admission. (TAC, ¶¶ 15-16.) During his stay, he was prescribed medications that were no...

Excerpt: ...endants in this action, was one of the three owners of the commercial building located at 201225 Hamilton Avenue, Palo Alto, CA (the “Property”). On February 28, 2014, Carol Mullen, along with the other two landlords, Don B. Mullen and Scher Holdings, LLC, leased the Property's Þrst ßoor and basement (the “Premises”) to IFTF. (IFTF's Responses and Objections to Defendant's Separate Statement of Undisputed Facts (“IFTF SS” No. 3.) Th...

Excerpt: ...m Glenfora, Royal Farms was to cultivate the hemp, Glenfora was to sell the hemp, and the parties were to share in the proÞts. Royal Farms alleges it had to destroy a substantial portion of the crop because it was unhealthy and that some portion of the seeds produced hemp not authorized for sale under California law. Royal Farms brings claims against Glenßora and Glenßora members Kevin Moore and Kenneth Tersini. Kevin Moore demurrers to the fr...

Excerpt: ...arranty from America Honda Motor Co., Inc. (“Honda”). Plainti
¯ alleges the Vehicle was sold with “serious defects and nonconformities to warranty and developed other serious defects and nonconformities to warranty including, but not limited to, electrical system defects.” Plainti
¯ Þled this action against Honda on June 22, 2023, asserting three causes of action under the Song-Beverly Act. Plainti
¯ now brings this motion to compel H...

Excerpt: ... and developed other serious defects and nonconformities to warranty including, but not limited to, exterior and body component defects, infotainment system defects, electrical defects, and other serous nonconformities to warranty.” (Complaint, ¶ 18.) At the time of purchase, Plainti
¯s entered a Retail Installment Sale Contract (“RISC”). (Declaration of Raymond Kim, ¶ 3, Ex. 1.) The RISC contains the following arbitration provision: ARB...

Excerpt: ...2015 pursuant to the “Prime Contract”, BBII became the general contractor on a construction project to retroÞt, upgrade, and replace major equipment at the existing Rinconada Water Treatment Plant (the “Project”) for the Santa Clara Valley Water District (“Owner”). (BBII's Separate Statement of Undisputed Material Facts (“BBIISS” No. 1; Declaration of Erin Lackey, (“Lackey Decl.”) ¶ 4.) In September 2015, BBII entered into a...

Excerpt: ...s action arises out of the death of Michael Sirota and is brought by Shinkarsky, Sirota's wife, on behalf of herself and her two minor children. (Complaint, p. 6.) On March 10, 2022, Sirota was driving in Sunnyvale when he began to experience chest pains. (Ibid.) He called 911 but the call was disconnected. (Ibid.) His second call was patched through to Sunnyvale Department of Public Safety (“DPS”) and it lasted about eight minutes during whi...

Excerpt: ...) According to the TAC, Plainti
¯'s p e t i t i o n f o r d i v o r c e w a s Þled on January 7, 2014, and she and her former spouse needed to sell the Property as part of their marital dissolution. (TAC, ¶¶ 16, 18.) Plainti
¯ was distraught at the prospect of losing the home she had lived in for 16 years. (TAC, ¶ 19.) In December 2016, a mutual friend introduced Plainti
¯ and Mr. Xie, who had Þled for dissolution of his own marriage. (TA...

Excerpt: ... plush 10% interest. Gorilla Circuits disputes that it ever agreed to pay a higher price for stencils and therefore that the money is owed. In the present motion, Gorilla Circuits seeks to compel Stencil Master's further responses to Request for Production Nos. 1-9. II. Legal Standard Discovery is generally permitted "regarding any matter, not privileged, that is relevant to the subject matter inwlved in the pending action or to the determination...

Excerpt: ...ed by GM. (FAC, 6.) In connection with the purchase, Plaintiff entered a warranty contract with GM. (FAC, '1 7.) During the express warranty period, defects, and nonconformities, such as transmission, suspension, electrical defects, manifested. (FAC, '1 11.) Plaintiff specifically alleges defects with the 8-speed transmission ("Transmission Defect"). (FAC, '160.) Plaintiff alleges GM and its representatives were unable to service or repair the Ve...

Excerpt: ...ed recorded on August 23, 2017, Madeleine Tashjian and Dutchints Development, LLC ("Dutchints") acquired title and interest to the Property. (Declaration of Brent Roles ["Roles Decl."l, 2, Ex. 1; UMF No. 1.) In December 2017, Madeleine and Dutchints entered a loan agreement with a group of private lenders that was secured by a deed of trust recorded against the Property ("First DOT"). (Roles Decl. '1 3, Ex. 2; UMF No. 2.) In December 2017, Madele...

Excerpt: ...ant executed an agreement for purchase of real property located in Washington D.C. (the "Property"). (Complaint, '1 11.) Defendant sought to finance the purchase with a conventional residential loan and 403 agreed to apply and obtain a residential occupancy' permit for the ground unit. (Complaint, '1 13.) At the time of the agreement, the parties contemplated obtaining a residential permit and agreed on a settlement date 30 days from the executio...

Excerpt: ... Plaintiff is a general electrician of Afghan origin and the Muslim faith. Plaintiff was hired in February of 2021 and was fired three months later in April of 2021, at the age of 44. Plaintiff was again dispatched by his union to work for Redwood Electric in October of 2021, but he was not hired. During his employment, Plaintiff's foreman, Mr. Little, inappropriately commented on Plaintiff's origin and/or religion on one occasion. Plaintiff repo...

Excerpt: ...s claim to VTA nearly a year later, on September 6, 2023, which claim VTA rejected as untimely. Petitioner then filed this action on October 13, 2023. Because Petitioner failed to present his claim to VTA within the required six months from the date of injury, Petitioner now seeks relief from that requirement so that his case may proceed on the merits. II. Legal Standard and Analysis Before a suit for damages may be maintained against a public en...

Excerpt: ...UPTAAA"); and iTalk Global Communications, Inc.'s ("iTalk") special motion to strike Plaintiff Ning Yu's First Amended Complaint. California Code of Civil Procedure section 425.16(c) states: "a prevailing defendant on a special motion to strike shall be entitled to recover his or her attorneys' fees and costs." (Cal. Code Civ. Pro. 5425.16(c) (emphasis added).) Given the mandatory nature of these fees and costs, the only issue before the Court is...

Excerpt: ...the time, about Vince's death. The message indicated that doctors had to stop Vince's pacemaker due to increased and rapid heartbeats caused by severe allergic reaction to peanut oil. Defendant then expresses his belief that Vince's wife (Plaintiff) gave him peanut oil to kill him for money and he would try to prove it. Defendant writes that Plaintiff got the idea from a similar allergic episode in the past that put Vince in the hospital. As a re...

Excerpt: ... Kazemipour lied amount investment opportunities, which caused Plaintiff to invest money with him that Kazemipour spent on unauthorized personal expenses and travel. (Complaint, '1 15.) With the assistance of defendant Troy Foster, Kazemipour defrauded Plaintiff out of approximately $750,638. (Ibid.) After he commenced legal action against Kazemipour, Plaintiff discovered Kazemipour transferred Plaintiff's stolen assets to others, including but n...

Excerpt: ...statements, among other Labor Code violations. Before the Court is Plaintiffs' motion for preliminary approval of a settlement, which is unopposed. As discussed below, the Court GRANTS the moton. l. BACKGROUND A. Factual According to the allegations of the operative Second Amended Class and Representative Class Acton Complaint ("SAC"), Escuela Popular is a charter school that operates four different educational academies: (1) Childcare Academy; (...

Excerpt: ...ommitted against herself and other aggrieved "non-white employees." Before the Court is Plaintiff's motion for leave to file the Third Amended Complaint ("TAC"), which is opposed by Google. As discussed below, the Court GRANTS Plaintiff's motion. IX.BACKGROUND A. Factual Google is a technology company specializing in internet- related services and products with offices in Mountain View and Sunnyvale. (Second Amended Complaint ("SAC"), 7.) Ms. Che...

Excerpt: ...hot sudden bursts of fire onto White. (Complaint, "1 25-25.) He suffered severe burns and other injuries to his chest, torso, groin area, upper thighs, left arm, left hand, ears, and face in addition to emotional and psychological injuries and other injuries which are still being treated or diagnosed. (Complaint, 27.) White alleges his employer, San Jose Water Company ("SJWC") purchased the Saw in new condition from Gardenland Power Equipment. (C...

Excerpt: ...on of Lin in three matters from January 2021 through approximately July 2022. (Complaint, '1 1.) The parties entered several retainer agreements pursuant to which Lin agreed to pay Plaintiffs' attorney's fees and invoices when they came due. (Complaint, 2-3.) Lin was informed ofthe Plaintiffs' legal work on his behalf, and he regularly approved of the legal work and legal invoices on an ongoing basis. (Complaint, '1 4.) Lin paid under the agreeme...

Excerpt: ...FAC, 1-2.) During their divorce proceedings, Tuo refused to divide and distribute their marital properties located in the United States. (FAC, '1 10.) Shi initiated this action on November 29, 2021, and, on September 29, 2023, filed an FAC, asserting: (1) breach of implied covenant of good faith and fair dealing; (2) breach of fiduciary duty; (3) negligence; (4) money had and received; (5) accounting; and (6) fraud-concealment. On December 8, 202...

Excerpt: ...an Jose. Two birch trees were located on Mr. Holmes' front lawn within three feet of the shared property line. They leaked saps and had dead limbs that fell and damaged Guarascios' vehicles. (Cross-complaint 9, 10.) In February of 2022, Mathew Guarascio and Mr. Holmes met to discuss the problems that were caused by the tree closest to the property line. Mr. Holmes agreed to the removal of the tree but asked that the removal be delayed since he wa...