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: ...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...

Excerpt: ...of Fresno ("Dealer"). The Vehicle was manufactured by Ford Motor Company ("Ford"). Plaintiff entered a written "Retail Installment Contract—Simple Finance Charge (with arbitration provision)" ("RISC"). Immediately above the final buyer/co-buyer signature block, the RISC provides: YOU AGREE TO THE TERMS OF THIS CONTRACT. YOU CONFIRM THAT BEFORE YOU SIGNED THIS CONTRACT, WE GAVE IT TO you, AND YOU WERE FREE TO TAKE IT AND REVIEW IT. YOU ACKNOWLED...

Excerpt: ...uest that the Court correct this error pursuant to Code of Civil Procedure section 473(d) and impose $2,457,400 in fines. Code of Civil Procedure section 473(d) provides: "The court may, upon motion of the injured party, or its own motion, correct clerical mistakes in fts judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgmen...

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

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: ... arbitration of Plaintiff's individual labor code and PAGA claims, to dismiss her class claims, and to stay her representative PAGA claim. The parties agree that Plaintiff signed a Mutual Agreement to Arbitrate on March 14, 2014 ("the Agreement"). Plaintiff contends the Agreement is superseded by Plaintiff's rejection of a subsequent arbitration agreement that was presented to her some time in 2018. Plaintiff also argues the Agreement is unconsci...

Excerpt: ...ehicle"). After Westlake failed to to discovery, the Court issued an order compelling Westlake to to request for of documents and special interrogatories and assessing $640 in sanctions against Westlake. On March 29, 2023, Westlake unilaterally filed a request for dismissal without prejudice. The dismissal was not a result of any settlement, and Ms. Rojas never communicated to Westlake that she was insolvent. Ms. Rojas, who was represented by sup...

Excerpt: ...havior by a senior executive as required by Samsung internal policies and was promptly fired in retaliation for this protected activity. Mo filed his Complaint on December 2, 2022, asserting (1) unlawful retaliation in violation of public policy, (2) wrongful termination in violation of public policy, and (3) discrimination and harassment. Defendant filed an answer on February 6, 2023, denying all allegations and asserting in its fifteenth affirm...

Excerpt: ...ifornia Rule of Court 3.1308, the Court issues its tentatve ruling. l. Background This action arises out of damages to the interior of a condominium unit caused by a fire sprinkler. According to the Complaint, Ms. Tham purchased real property located at 2078 Mendocino Lane in San Jose (the "Property") in 2008, at which time she became a member of the HOA (Complaint, 1, 12, 13.) On May 6, 2022, the HOA's contractor, Defendant Pacific Maintenance S...

Excerpt: ...ide IJI design services for his project, which would later become known as Zoom. (FAC, '1 18.) The emails designated Yu as a "UI consultant" and his job was to provide his professional opinions and make recommendations for improving the product's IJI (the "Product Development Services"). (FAC, '1 20.) The emails also indicated that Yuan promised Yu a Stock-for-Product Development Services arrangement (the "Agreement"), which provided that Yuan wo...

Excerpt: ... residents of China, married in China in 2010 and began divorce proceedings in the country in 2019. (AC, "1 1, 2, 7, 8.) These proceedings concluded in 2021. (ld., 8.) Plaintiff alleges that Mr. Tuo "refused to divide and distribute the parties' [marital] properties located in the United States," which includes properties and assets in California, during divorce proceedings in China, and in doing so breached implied covenants between the parties ...

Excerpt: ...threatening statements Defendant made to him after each assault. Plaintiff sought counseling over the years but has only recently realized how deeply the negative effects of these events have impacted him. Plaintiffs AC is detailed, revealing, and closes this way: My goal here is to find closure, compensation, for this to be a lesson for any victims out there that it is 0k to talk about it and they are due justice despite the time period since it...

Excerpt: ...EHA"); (2) Failure to Prevent and Correct Discrimination and Harassment in violation of FEHA; (3) Retaliation in violation of FEHA; (4) Retaliation in violation of California Labor Code section 1102.5; (5) harassment in violation of FEHA; (6) slander; and (7) libel. On April 13, 2020, Plaintiff filed a First Amended Complaint which added information to her prayer for relief. After over four years of litigation, pursuant to stipulation submitted o...

Excerpt: ...out of the alleged sexual abuse suffered by Plaintiff while she was a student at Evergreen Commun-ty College ("Evergreen"). According to the Complaint, in fall 2012, Plaintiff, who was sixteen years old at that time and participating in a cooperative program between ESUHSD and the College District, began taking a general psychology course at Evergreen taught by defendant Brad Carothers. (Complaint, "1 15, 18.) Carothers began paying special atten...

Excerpt: ...ises, placed his belongings outside, and took some of his personal property, including an audio recording containing information Plaintiff claims is necessary for another lawsuit. Defendant served Set No. One of Form Interrogatories and Requests for Production on Plaintiff by U.S. mail on April 11, 2023. Plaintiff failed to serve any responses on the due date. Defendant sent Plaintiff a meet and confer letter, which Plaintiff ignored. In Oppositi...

Excerpt: ...issues its tentative ruling. I. Background This is an action for personal injuries arising out of an airplane crash. According to the Complaint, on November 19, 2017, plaintiff Ting-Ting Chiu was piloting a Cessna aircraft, with Plaintiff Chiale Tseng as his passenger, when its engine stopped operating suddenly and without warning, causing the plane to crash and injure Plaintiffs. (Complaint, '110.) Plaintiffs allege that the engine stoppage and ...

Excerpt: ...rron, Marisol Rios Trejo, Maria Quezada, Yovana Torres, Alberta Espinoza, Gloria Molina, Jose Santander, Luz Elana Legaspi, Irma Sandoval, and Yesika Bonilla (collectively, "Plaintiffs") are residents of Orchard Glen Apartments located at 3967 Seven Trees Blvd in San Jose (the "Property"). (Complaint, "15-15, 21.) KDF owns the Property and VPM manages it. (Complaint, "'117-18.) For many years, Defendants have put their tenants' health and safety ...

Excerpt: ..."Property"). (SAC, '1 7.) According to the SAC, Plaintiff and Xie began dating in February of 2018, while Plaintiff was finalizing her diwrce. (ld., 15-21.) 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. (ld., 33.) Xie offered to use funds from the Foundation- a charit...

Excerpt: ...ing a box upstairs into Keleta's storage area. (FAC, PLD-Pl-001(2).) The stairs did not have a handrail. (Ibid.) During Belai's careful descent downstairs, he fell and broke his shoulder. (Ibid.) Belai was taken to the hospital. (Ibid.) Belai filed the complaint on April 6, 2021, asserting claims for general negligence and premises liability. Plaintiff filed an FAC on April 8, 2021 asserting the same claims. On April 22, 2022, Keleta filed his an...

Excerpt: ... was allowed to exist and left in disrepair. (Complaint, MC-025.) The City failed to barricade the area and/or warn of the dangerous condition, which resulted in the area becoming a dangerous condition. (Ibid.) As a result, Saabedra sustained serious injuries. (Ibid.) Saabedra filed the Complaint on November 17, 2022, asserting claims for general negligence and premises liabilityl . On March 28, 2023, the City filed the instant motion, which Saab...

Excerpt: ...el C-5 quadriplegic" who "cannot walk, has significant manual dexterity impairments" and uses a wheelchair for mobility, went to the Chili's restaurant (the "Restaurant") located at the shopping center owned by Defendant (the "Property"). (FAC, 1, 3, 10.) Plaintiff intended to avail himself of the goods and services offered by the Restaurant, and his visit was also motivated by his desire to determine if Defendant complied with all disability acc...

Excerpt: ...lege Sasan directed racial and religious epithets Antranik and threatened violence towards Antranik and his family. According to the FAC, on August 31, 2020, Antranik entered the 7-Eleven, which Mohammed and Khandan own and Khandan manages, to purchase lottery tickets. (FAC, "1 5, 6, 11.) After receiving his change from Sasan, who was behind the register, Antranik asked Sasan what he could buy for $1. (ld., 12-13.) Sasan, which is alleged on info...

Excerpt: ...ues its tentative ruling: l. Background According to the amended complaint ("FAC") for unlawful detainer to evict and obtain possession, Cross-complainants were tenants at 1315 San Damar Drive in Mountain View (the "Property") since March 27, 2015. (FAC, 3, 6.) On August 12, 2022, they were served with a 60-day notice to quit. (FAC, "1 9, 10.) The XC alleges the Property was sold to Cross-Defendants in July 2020. (XC, 1.) Crosscomplainants' tenan...

Excerpt: ...nuing to practice law until well into the case, and as a result, his prior attorney did little to prepare the case for trial. Plaintiff asks the Court to deduct from the five year statute the tme from when his attorney had a stroke to the present. The Court declines to do so. II. Legal Standard and Analysis Code of Civil Procedure secton 583.310 states: "an action shall be brought to trial within five years after the action is commenced against t...

Excerpt: ...ct to provide designs and obtain permits for a new clinic he was planning on opening at 1378 El Camino Real in Santa Clara. (Complaint, 8.) On October 31, 2021, Ma retained Defendants to complete the draw-ngs 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 3 treatment rooms with a reception are...

Excerpt: ...g as follows: l. Background This is an action for breach of contract arising out of a commercial business relationship. According to the SAC, Plaintiff is in the business of acquisition and sales in the capital equipment secondary market, particularly hi-tech fabrication equipment. (SAC, '1 13; see Declaration of Sal Shafi in Support of Motion for Summary Adjudication ("Shafi Decl."), 2.) On November 16, 2016, Plaintiff and Defendants entered int...

Excerpt: ... tentative ruling. I. Background A. Factual This action arises out of a business dispute. According to the Complaint, in October 2021, Li and Zheng planned to start an aesthetic clinic spa business. (Complaint, 11.) On October 5, 2021, Li reached out to Dr. Ran and offered her an actual 20% ownership interest, as opposed to a "paper" 51% interest, in exchange for herto function as Medical Director for the clinic. (Complaint, 13.) Dr. Ran agreed. ...

Excerpt: ...count for Defendant's alleged failure to complete payment of the annual premium for a 2018 Workers Compensation and Employers Liability Insurance Policy. Plaintiff seeks the principal sum of $17,819.01, 10% interest from October 21, 2019 and costs. On August 27, 2022 at 10:44 a.m., Defendant was served with the summons and complaint by substitute service at 3264 Landess Avenue, San Jose CA 95132. The process server's proof of service states the d...

Excerpt: ...ain property. (Declaration of William Stuart ("Stuart Decl."), Ex. 1.) The Note contains the following provisions relevant to this motion to compel arbitration. 10. Amendment. This Note may be amended or modified only by an instrument in writing which by its express terms refers to this Note and which is duly executed by the party sought to be bound thereby. 12. Governing Law/venue. This Note shall be governed by and construed in accordance with ...

Excerpt: ...tive and healthcare verticals. (Complaint, 914.) Defendant Health IQ Insurance Services, Inc. is a Medicare broker that uses individual's health care records to find and recommend healthcare plans tailored to that individual's needs. (Complaint, 915.) On April 6, 2021, 1 Quote Velocity and Hi.Q, Inc. entered a Lead Purchasing Agreement whereby Health IQ agreed to pay Quote Velocity for customer leads. (Complaint, 916.) From May 2021 through Septe...

Excerpt: ...duciary duty, and (5) violation of business and professions code section 17200 et. seq. Defendants answered the complaint on December 19, 2019. According to the Complaint, Mr. Bettelheim owns a condominium unit in the Pigeon Loft Condominium Project ("Property"). (Complaint, 93.) Defendant Lorenzo Rios was acting as the director on the board of the Pigeon ü)ft Condominium Association ("HOA") despite not being elected to that position. (Complaint...

Excerpt: ...erest to the Estate of David Brown and The Estate of Sheila Brown. (Complaint, 91.) Plaintiffs brought this action for negligence/wrongful death, strict liability, negligence (post sale), and survival against Tesla, Inc. on March 12, 2021. Plaintiffs claim their parents were traveling in a 2019 Tesla Model 3 on August 12, 2020 at approximately 11:20 a.m. on highway 85 in the northbound direction, that David Brown was using Tesla's Autopilot featu...

Excerpt: ..."). (Complaint, '18.) Natera alleges "[e]xpress warranties accompanied the sale of the vehicle to Plaintiff by which Hyundai [Motor America] undertook to preserve or maintain the utility or performance of Plaintiff's vehicle or to provide compensation if there was a failure in such utility or performance." (ld.) After allegedly taking the Vehicle to authorized repair facilities to no avail, Natera file a Complaint on April 3, 2019 against Hyundai...

Excerpt: ...Background Plaintiffs Christopher Kulp and Maryam Yazdi are a couple. On July 22, 2022, Yazdi went to Los Gatos Day Spas, Inc. ("Spa") to enjoy a ninety-minute spa package her partner Kulp purchased for her. Yazdi claims that while preparing for her session, Defendant Sindy Flores, a Spa employee, convinced her to remove her engagement ring and a second ring that has been in Yazdi's family for generations. Yazdi further alleges she never saw the ...

Excerpt: ..."Property"). On December 31, 2018, the Parties' father Marson Blair Hull, Jr. transferred the Property to Jeffrey and Jeffrey's younger sister, Courtney Hulll "not as joint tenants, but as tenants in common." (Complaint, Ex. 3; Plaintiff's Separately Bound Exhibits ("PS8E", Ex. A.) The Grant Deed from Blair to his two children was recorded. Jeffrey and Courtney formed Montevina Road LLC (the "LLC") on November 19, 2018. (PS8E, Ex. C.) Jeffrey's a...

Excerpt: ...ts at 115 Roosevelt Avenue, San Martin, California 95046 (the "Premises") under a written lease since February 29, 2016. (Complaint, '11.) Hitchcock is the Trustee of the John C. Hitchcock Family Trust (the "Trust"). (ld.) The Trust represented to Plaintiffs that the Premises would be ready for occupancy' by the commencement date of the lease. (Complaint, '14.) Based on the representations, Plaintiffs decided to rent the Premises and made plans t...

Excerpt: ...Nissan") through which Nissan agreed to preserve or maintain the utility of performance of the Vehicle or provide compensation if there was a failure in such utility or performance. (Complaint, '1 7.) These warranties "accompanied the lease of the" Vehicle. (Complaint, '1 8.) Plaintiff further alleges the Vehicle had "serious defects and nonconformities to warranty and developed other serious defects and nonconformities to warranty, including but...

Excerpt: ...rders regarding (1) Defendant Ghuman's Motion for Protective Order and for Sanctions and (2) Plaintiffs' Motion to Compel Ghuman's Deposition and for Sanctions: Defendant Sukhjinder Singh Ghuman's Motion for Protective Order or Stay of Deposition and Request for Sanctions came on for hearing before the Court on January 19, 2023 at 9:00 a.m. in Department 6. The Court reviewed the parties' briefing and submitted a tentative ruling pursuant to the ...

Excerpt: ...dental office in Fremont and during those visits cultivated his relationship with Dr. Shoker. (SAC, '1 13.) The two shared a common background and Ghuman referred to Dr. Shoker as his "brother" and to Rajwant as his "sister". (ld.) Ghuman advised Dr. Shoker on financial and business matters and told Dr. Shaker he had access to unique investment opportunities and that if Dr. Shoker invested with him, he would make Plaintiffs wealthy. (ld.) By Sept...

Excerpt: ...governing body, the HOA. During the events of this action, the president of the HOA was Matthew J. Olivieri, who Plaintiff refers to as "MjoSnaps." (Complaint, '1 7.vii.) Plaintiff alleges the HOA has "suffered a pattern of rogue narcistic HOA presidents who are abusing their positions for personal gain and to pursue personal vendettas," including MjoSnaps, who "has been self-dealing, using funds for personal use, and using board meetings and HOA...

Excerpt: ...st Amended Complaint "FAC", 1.) Plaintiff initiated the lawsuit on April 8, 2019 and filed an FAC on July 8, 2019. On October 22, 2019, Plaintiff failed to appear for a further case management conference and the Court set an order to show cause why the case should not be dismissed for February 27, 2020. Plaintiff appeared at that OSC and the Court set a further CMC for June 23, 2020. On November 3, 21020, the Court held and the Plaintiff failed t...

Excerpt: ...ehicle") manufactured and/or distributed by KA. (SAC, 9.) 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 the case of failure in a specified period of time. (ld., '1 10.) During the warranty period, the Vehicle contained or developed numerous defects including, but not limited to: defects relating to the ...

Excerpt: ...'s homeowners' association hired John Sachs to do some plumbing in Kondori's condominium. (Complaint, '1 11.) Sachs' work was allegedly defective and caused various damages to Kondori, who filed suit regarding the matter on January 29, 2016. (Complaint, '1 12.) One of the defendants in the action was Apex. (ld.) In doing the work on Kondori's condominium, Sachs falsely claimed to be doing business as Apex. (Complaint, 13.) Apex was owned and oper...

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

Excerpt: ...ntiff Santa Clara County Federal Credit Union ("Credit Union") alleges Defendants Avelino David Cargile and his mother, Caneisha Howell, opened a checking account with $.22 in it, fraudulent money orders (either directly or through a third party Jared Yarber) that the Credit Union initially accepted, then withdrew funds from the account creating a negative balance of $5,981.29. (Complaint, "5-6, 11-14.) On December 9, 2022, Credit Union served Re...

Excerpt: ... from 2020 until November 8, 2021. (FAC, 3-4, 23.) In the summer of 2021, PCHA implemented a policy to collect its employees' health data. (FAC, 10.) PCHA specifically sought out Bobbit's COVID-19 vaccination status. (FAC, 11.) On August 9, 2021, Bobbit submitted her vaccination status to PCHA, in an attempt to get a "religious accommodation". (FAC, 12.) PCHA sought to obtain additional medical information from Bobbit by stating "she was required...

Excerpt: ...egligence. Plaintiffs, brothers Zachary and Michael Daniel Kow-tz, and their company Bay Surplus Technology, LLC ("Bay Surplus") hired Defendant/cross-complainant Michael David Kowitz (Zachary and Michael's father), at the urging of their grandmother (Michael's mother) Defendant Patricia Ladd, to work with them. (Third Amended Complaint ("TAC"), "1-4, 10.) In that capacity, Michael acted as Bay Surplu