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: ...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: ...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: ...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: ...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: ....) 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: ...) 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...