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

Excerpt: ...of Fresno ("Dealer"). The Vehicle was manufactured by Ford Motor Company ("Ford"). Plaintiff entered a written "Retail Installment Contract—Simple Finance Charge (with arbitration provision)" ("RISC"). Immediately above the final buyer/co-buyer signature block, the RISC provides: YOU AGREE TO THE TERMS OF THIS CONTRACT. YOU CONFIRM THAT BEFORE YOU SIGNED THIS CONTRACT, WE GAVE IT TO you, AND YOU WERE FREE TO TAKE IT AND REVIEW IT. YOU ACKNOWLED...

Excerpt: ...uest that the Court correct this error pursuant to Code of Civil Procedure section 473(d) and impose $2,457,400 in fines. Code of Civil Procedure section 473(d) provides: "The court may, upon motion of the injured party, or its own motion, correct clerical mistakes in fts judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgmen...

Excerpt: ...d to properly pay Plaintiff for the medically necessary services, supplies, and/or equipment rendered to patient N.B. (the "Patent"), who was an enrollee and beneficiary of health plans sponsored, administered, and/or financed by EBMS. (SAC, '1 7-8.) Private Healthcare Systems ("PHCS") is a nonparty and operates a preferred provider network ("PPO") in which PHCS indemnifies health care expenses, performs utilization review services, provides or a...

Excerpt: ...ifornia Rule of Court 3.1308, the Court issues its tentatve ruling. l. Background This action arises out of damages to the interior of a condominium unit caused by a fire sprinkler. According to the Complaint, Ms. Tham purchased real property located at 2078 Mendocino Lane in San Jose (the "Property") in 2008, at which time she became a member of the HOA (Complaint, 1, 12, 13.) On May 6, 2022, the HOA's contractor, Defendant Pacific Maintenance S...

Excerpt: ...havior by a senior executive as required by Samsung internal policies and was promptly fired in retaliation for this protected activity. Mo filed his Complaint on December 2, 2022, asserting (1) unlawful retaliation in violation of public policy, (2) wrongful termination in violation of public policy, and (3) discrimination and harassment. Defendant filed an answer on February 6, 2023, denying all allegations and asserting in its fifteenth affirm...

Excerpt: ... arbitration of Plaintiff's individual labor code and PAGA claims, to dismiss her class claims, and to stay her representative PAGA claim. The parties agree that Plaintiff signed a Mutual Agreement to Arbitrate on March 14, 2014 ("the Agreement"). Plaintiff contends the Agreement is superseded by Plaintiff's rejection of a subsequent arbitration agreement that was presented to her some time in 2018. Plaintiff also argues the Agreement is unconsci...