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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ..., 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: ...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...