Excerpt: ...n account. Defendant claims she was "hacked." Plaintiffs served Form Interrogatories, Requests for Admission, and Requests for Production of Documents (Set One) on Defendant on March 24, 2023. On July 14, 2023, Plaintiffs emailed Defendant's counsel indicating Defendant had failed to respond to this discovery and offered July 28, 2023 as a new deadline for response and that full and complete responses without objections would be necessary to avoi...

Excerpt: ...Set One) on Plaintiff. After Defendants agreed to an extension for Plaintiff to respond, Plaintiff served responses to Special Interrogatory (Set One) and Requests for Production (Set One) by email on or about June 1, 2023. Defendants claim that as of the filing of their motion, Plaintiff did not response to Form Interrogatory General (Set One). Defendants sent meet and confer letters on June 8, 2023 and June 21, 2023. Plaintiff asked for an exte...

Excerpt: ...l termination on December 13, 2022. (Complaint, '1 7.) Plaintiff alleges during a meeting with Calix's C-Suite executives required as part of her on-boarding process during her first week at Calix, Calix's Chief Financial Officer Cory Sinclair "voluntarily disclosed to Plaintiff that the press releases that Calix consistently put outto their shareholders and investors were false, or at the very least, deliberately misleading." (Complaint, 8-11.) ...

Excerpt: ...o seal Exhibits 5 and 5 in Defendants' Compendium of Evidence; and Plaintiffs' motion to seal Exhibit A to Declaration of Allen Gardner and portions of their opposition to Defendants' motion for summary judgement. Pursuant to California Rule of Court 3.1308, the Court issues its tentative ruling. l. Background This is breach of contract action. On January 16, 2015, Owner, Shoreline and Mr. Calvano entered an agreement (the "LLC Agreement") to for...

Excerpt: ...d personal expenses and travel. (Complaint, '1 15.) With the assistance of defendant Troy Foster, Kazemipour defrauded Plaintiff out of approximately $750,538. (Ibid.) After he commenced legal acton against Kazemipour, Plaintiff discovered Kazemipour transferred Plaintiff's stolen assets to others, including but not limited to, Sayar and Foster. (Ibid.) Kazemipour was the manager and director for defendant 1792 Partners, Inc. ("1792 Partners"). (...

Excerpt: ...intiff Ruby Rebosa was employed by Defendant Dolores Tapay as Ms. Tapay's in-home caregiver. (Complaint, 91.) Plaintiff alleges that in late 2018 Ms. Tapay hired her on an hourly basis to be a driver 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, 96.) Ms. Tapay to pay Plaintiff $35ff) per month for providing full support and assistance with all activities...

Excerpt: ...jeet Singh (aka Jasjeet Singh Chala) and Defendant aalwinder Singh are the owners of the publication Quamantry Amritsar Times. (Complaint, 2.) According to Plaintiff, Quamantry Amritsar Times Volume 9, Issue 37, dated September 18, 2019 to September 24, 2019, contained statements about Plaintiff Defendants knew were false. (Complaint, "1 9- 10.) Defendants contend the statements were true. Plaintiff filed this lawsuit on November 8, 2019. Trial i...

Excerpt: ... Mr. Guo was evicted along with his sub-lessors. Mr. Guo sued Ms. Bhagat for $5zm which he claims represents four months of rent, in a small claims action. Ms. Bhagat sued Mr. Guo and Ms. Zhu for breach of quiet enjoyment of premises, harassment of tenant, breach of habitability, housing discrimination, negligence, intentional infliction of emotional distress, and unfair and unlawful business practices in an unlimited civil action. Ms. Zhu claims...

Excerpt: ...ling. l. undisputed Factual Background On or about October 5, 2006, Plaintiff obtained a $564,000.00 Loan ("the Loan") secured by real property located at 702 Flannery Street, Santa Clara, CA 95051. (Separate Statement of undisputed Material Facts ("SSUMF"), '1 1; Declaration of Kevin Flannigan ("Flannigan Decl.") 4, Ex. 1.) The Loan is evidenced by a Deed of Trust publicly recorded by the Santa Clara County Recorder on October 11, 2006. (SSUMF, ...

Excerpt: ...irst amended complaint, which asserted claims for (1) breach of contract; (2) fraud and deceit- promise without intent to perform; (3) intentional misrepresentation; (4) negligent misrepresentation; (5) conversion; (6) accounting; and (7) declaratory relief. On November 13, 2019, the Court issued its order sustaining Defendants' demurrer as to the fraud-based claims (the second, third, fourth and fifth causes of action) and overruling as to the r...

Excerpt: ...rve or maintain the utility or performance of the Vehicle or to provide compensation if there was a failure in such utility or performance. (Ibid.) The Vehicle was delivered to Plaintiff with serious defects and nonconformities to the warranty and it developed other serious defects and nonconformities to the warranty, including but not limited to, engine, transmission, electrical, and exterior defects. (FAC, 9.) Plaintiff initiated this action on...

Excerpt: ...ber Defendants hired Plaintiff as a full time, non-exempt employee. (Complaint, '128.) She performed her job duties with excellence until Mehranfar terminated her on July 8, 2021. (Ibid.) During her employment, Defendants misclassified Plaintiff as an independent contractor and deprived her of pay for all hours worked, rest periods, mealtimes, and itemized wage statements. (Complaint, '135.) Plaintiff worked 5 days a week, with 3 of those days co...

Excerpt: ...ects." Plaintiffs "national origin is Lebanese, which is an Arab country in the Middle East" and has "Arabic ancestry and ethnic characteristics." Plaintiff's first name "Mazen" is allegedly "known to be an Arabic name" and his surname "Arakji" is allegedly "known to a [M]uslim surname." (First Amended Complaint 1.) Plaintiff holds a Bachelor's in Electrical and Computer Engineering and a Master's in Computer Engineering from the university of Co...

Excerpt: ...tion pursuant to Code of Civil Procedure section 761.010 on May 30, 2023. CN One moves the Court to expunge the lis pendens. PP Elmdale owns apartment buildings located at 984 Elm Street in San Jose ("Plaintiff's Property") and at the adjacent 990 Elm Street, both of which it acquired in 1973. (Complaint, "1, 4, Ex. A; Corrected Declaration of Kirk Kozlowski, '13.) In 2020, CN One purchased property adjacent to 984 Elm Street for development ("De...

Excerpt: ...rding to Tesla, Autopilot provides numerous warnings and instructions to its users, both in the manual and in the car while the Tesla is in use, making clear that drivers need to keep their hands on the wheel and "be prepared to take over at any time" even while Autopilot is engaged. Tesla also argues that consumers are made aware of Autopilot's limitations in areas where, for example, the lanes are unclear, the light is low or the Tesla's camera...

Excerpt: ...ayers committed various acts of domestic violence against her. (Amended Complaint ("AC"), Plaintiff further alleges Mayers' stepfather, James P. Dechaine and his stepbrother Roanld Dechaine were involved in a "traunching" fraud scheme involving investments and real estate. (AC, "113-14.) Plaintiff also seems to allege that Defendants Randy Omoto and his wife Alison Macuch were involved in a scheme with Mavers and the Dechaines to use Plaintiff's ...

Excerpt: ...f Surgery for the Santa Clara Valley Medical Center ("SCVMA") for 13 years until she tendered her resignation on August 18, 2017. (Complaint, 2.) In January 2017, Plaintiff took medical leave because of her disability. (Complaint, 4.) She returned to work in late July 2017, with a Work Status Report from her doctor that contained a restriction, limiting her to no more than 4 hours of work per day. (Complaint, '15.) The Work Status Report stated "...

Excerpt: ...f Eagle Ridge called Eagle Ridge Courtyards ("Courtyards"). Plaintiff is an owner within the Courtyards. All owners within the Courtyards are members of Eagle Ridge Owners Association ("Association") and subject to the Eagle Ridge Declaration of Covenants, Conditions and Restrictions ("CC&Rs"). The Courtyards are also subject to the Declaration of Annexation and Supplemental Restrictions for The Community of Eagle Ridge ("Supplement"). The Supple...

Excerpt: ...les for Defendant and Cross- Complainant S5 Advisory, Inc. ("S5"). Plaintiff alleges causes of action for wrongful termination, discrimination, and related claims stemming from that contractual relationship. S5 cross-complains for trade secret misappropriation, unfair competition, and related claims. After Plaintiff filed her motons to compel, the parties engaged in further meet and confer efforts and narrowed the number of requests that remain a...

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