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