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: ...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: ... 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 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: ...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: ...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: ...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...

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: ...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: ...ft Hotel in Sunnyvale (the "Project"). (Complaint, 8.) S.D. Deacon ("Deacon") had subcontracts with defendants DKS, Inc. ("DKS") and Cal-Delta Plumbing Inc. ("Cal-Delta") to perform the plumbing work. (Complaint, 10.) The agreements included an obligation to indemnify and defend Deacon, as well as to obtain insurance and name Deacon as an additional insured on that insurance. (Ibid.) DKS and Cal-Delta caused and/or contributed to the damages to t...

Excerpt: ...n Jose ("CP Property"). Defendant owns the real property and improvements located at 6059 Cahalan Avenue in San Jose ("STTS Property"). CP Property and STTS Property are adjacent to each other, and together they project the appearance of a single shopping center. Both properties are subject to a recorded Reciprocal Easement Agreement and Declaration of Restriction ("REA"). (FAC "11, 2, 5; Ex. A.) On June 14, 2016, both properties were severely da...

Excerpt: ... This action arises out of a tenant's purported failure to pay rent and other amounts due under a commercial lease. According to the Complaint, Plaintiff owns property located at 580-K N. Rengstorff Avenue in Mountain View (the "Premises"). (Complaint, 91.) On September 15, 2016, Plaintiff ROIC Pinole Vista, LLC's ("ROIC") predecessor-in-interest and Defendants Oscar Munoz, Raquel Munoz and Taqueria La Bamba, LCC (the "Taqueria") entered a writte...

Excerpt: ...Roes 1-25 for indemnity, declaratory relief, contribution, and apportionment of negligence. On March 8, 2023, Carbone and Porsche filed an answer. On March 28, 2023, Carbone amended the complaint to include Defendant Lyft, Inc. (“Lyft”) as Doe 1. On June 23, 2023, Lyft filed an answer. On September 29, 2023, the Court found that this case (22STCV36892) and case number 22STCV21671 are related within the meaning of California Rules of Court, ru...

Excerpt: ...Roes 1-25 for indemnity, declaratory relief, contribution, and apportionment of negligence. On March 8, 2023, Carbone and Porsche filed an answer. On March 28, 2023, Carbone amended the complaint to include Defendant Lyft, Inc. (“Lyft”) as Doe 1. On June 23, 2023, Lyft filed an answer. On September 29, 2023, the Court found that this case (22STCV36892) and case number 22STCV21671 are related within the meaning of California Rules of Court, ru...

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: ...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: ...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...