Excerpt: ...ehicle"). After Westlake failed to to discovery, the Court issued an order compelling Westlake to to request for of documents and special interrogatories and assessing $640 in sanctions against Westlake. On March 29, 2023, Westlake unilaterally filed a request for dismissal without prejudice. The dismissal was not a result of any settlement, and Ms. Rojas never communicated to Westlake that she was insolvent. Ms. Rojas, who was represented by sup...

Excerpt: ...ide IJI design services for his project, which would later become known as Zoom. (FAC, '1 18.) The emails designated Yu as a "UI consultant" and his job was to provide his professional opinions and make recommendations for improving the product's IJI (the "Product Development Services"). (FAC, '1 20.) The emails also indicated that Yuan promised Yu a Stock-for-Product Development Services arrangement (the "Agreement"), which provided that Yuan wo...

Excerpt: ... residents of China, married in China in 2010 and began divorce proceedings in the country in 2019. (AC, "1 1, 2, 7, 8.) These proceedings concluded in 2021. (ld., 8.) Plaintiff alleges that Mr. Tuo "refused to divide and distribute the parties' [marital] properties located in the United States," which includes properties and assets in California, during divorce proceedings in China, and in doing so breached implied covenants between the parties ...

Excerpt: ...threatening statements Defendant made to him after each assault. Plaintiff sought counseling over the years but has only recently realized how deeply the negative effects of these events have impacted him. Plaintiffs AC is detailed, revealing, and closes this way: My goal here is to find closure, compensation, for this to be a lesson for any victims out there that it is 0k to talk about it and they are due justice despite the time period since it...

Excerpt: ...EHA"); (2) Failure to Prevent and Correct Discrimination and Harassment in violation of FEHA; (3) Retaliation in violation of FEHA; (4) Retaliation in violation of California Labor Code section 1102.5; (5) harassment in violation of FEHA; (6) slander; and (7) libel. On April 13, 2020, Plaintiff filed a First Amended Complaint which added information to her prayer for relief. After over four years of litigation, pursuant to stipulation submitted o...

Excerpt: ...out of the alleged sexual abuse suffered by Plaintiff while she was a student at Evergreen Commun-ty College ("Evergreen"). According to the Complaint, in fall 2012, Plaintiff, who was sixteen years old at that time and participating in a cooperative program between ESUHSD and the College District, began taking a general psychology course at Evergreen taught by defendant Brad Carothers. (Complaint, "1 15, 18.) Carothers began paying special atten...

Excerpt: ...ises, placed his belongings outside, and took some of his personal property, including an audio recording containing information Plaintiff claims is necessary for another lawsuit. Defendant served Set No. One of Form Interrogatories and Requests for Production on Plaintiff by U.S. mail on April 11, 2023. Plaintiff failed to serve any responses on the due date. Defendant sent Plaintiff a meet and confer letter, which Plaintiff ignored. In Oppositi...

Excerpt: ...issues its tentative ruling. I. Background This is an action for personal injuries arising out of an airplane crash. According to the Complaint, on November 19, 2017, plaintiff Ting-Ting Chiu was piloting a Cessna aircraft, with Plaintiff Chiale Tseng as his passenger, when its engine stopped operating suddenly and without warning, causing the plane to crash and injure Plaintiffs. (Complaint, '110.) Plaintiffs allege that the engine stoppage and ...

Excerpt: ...rron, Marisol Rios Trejo, Maria Quezada, Yovana Torres, Alberta Espinoza, Gloria Molina, Jose Santander, Luz Elana Legaspi, Irma Sandoval, and Yesika Bonilla (collectively, "Plaintiffs") are residents of Orchard Glen Apartments located at 3967 Seven Trees Blvd in San Jose (the "Property"). (Complaint, "15-15, 21.) KDF owns the Property and VPM manages it. (Complaint, "'117-18.) For many years, Defendants have put their tenants' health and safety ...

Excerpt: ..."Property"). (SAC, '1 7.) According to the SAC, Plaintiff and Xie began dating in February of 2018, while Plaintiff was finalizing her diwrce. (ld., 15-21.) Plaintiff and her husband needed to sell the family residence, the Property, because neither could afford to buy the other out, but moving would mean that their 10-year old son would have to move to a different school district. (ld., 33.) Xie offered to use funds from the Foundation- a charit...

Excerpt: ...ing a box upstairs into Keleta's storage area. (FAC, PLD-Pl-001(2).) The stairs did not have a handrail. (Ibid.) During Belai's careful descent downstairs, he fell and broke his shoulder. (Ibid.) Belai was taken to the hospital. (Ibid.) Belai filed the complaint on April 6, 2021, asserting claims for general negligence and premises liability. Plaintiff filed an FAC on April 8, 2021 asserting the same claims. On April 22, 2022, Keleta filed his an...

Excerpt: ... was allowed to exist and left in disrepair. (Complaint, MC-025.) The City failed to barricade the area and/or warn of the dangerous condition, which resulted in the area becoming a dangerous condition. (Ibid.) As a result, Saabedra sustained serious injuries. (Ibid.) Saabedra filed the Complaint on November 17, 2022, asserting claims for general negligence and premises liabilityl . On March 28, 2023, the City filed the instant motion, which Saab...

Excerpt: ...el C-5 quadriplegic" who "cannot walk, has significant manual dexterity impairments" and uses a wheelchair for mobility, went to the Chili's restaurant (the "Restaurant") located at the shopping center owned by Defendant (the "Property"). (FAC, 1, 3, 10.) Plaintiff intended to avail himself of the goods and services offered by the Restaurant, and his visit was also motivated by his desire to determine if Defendant complied with all disability acc...

Excerpt: ...lege Sasan directed racial and religious epithets Antranik and threatened violence towards Antranik and his family. According to the FAC, on August 31, 2020, Antranik entered the 7-Eleven, which Mohammed and Khandan own and Khandan manages, to purchase lottery tickets. (FAC, "1 5, 6, 11.) After receiving his change from Sasan, who was behind the register, Antranik asked Sasan what he could buy for $1. (ld., 12-13.) Sasan, which is alleged on info...

Excerpt: ...ues its tentative ruling: l. Background According to the amended complaint ("FAC") for unlawful detainer to evict and obtain possession, Cross-complainants were tenants at 1315 San Damar Drive in Mountain View (the "Property") since March 27, 2015. (FAC, 3, 6.) On August 12, 2022, they were served with a 60-day notice to quit. (FAC, "1 9, 10.) The XC alleges the Property was sold to Cross-Defendants in July 2020. (XC, 1.) Crosscomplainants' tenan...

Excerpt: ...nuing to practice law until well into the case, and as a result, his prior attorney did little to prepare the case for trial. Plaintiff asks the Court to deduct from the five year statute the tme from when his attorney had a stroke to the present. The Court declines to do so. II. Legal Standard and Analysis Code of Civil Procedure secton 583.310 states: "an action shall be brought to trial within five years after the action is commenced against t...

Excerpt: ...g as follows: l. Background This is an action for breach of contract arising out of a commercial business relationship. According to the SAC, Plaintiff is in the business of acquisition and sales in the capital equipment secondary market, particularly hi-tech fabrication equipment. (SAC, '1 13; see Declaration of Sal Shafi in Support of Motion for Summary Adjudication ("Shafi Decl."), 2.) On November 16, 2016, Plaintiff and Defendants entered int...

Excerpt: ...ct to provide designs and obtain permits for a new clinic he was planning on opening at 1378 El Camino Real in Santa Clara. (Complaint, 8.) On October 31, 2021, Ma retained Defendants to complete the draw-ngs 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 3 treatment rooms with a reception are...

Excerpt: ... tentative ruling. I. Background A. Factual This action arises out of a business dispute. According to the Complaint, in October 2021, Li and Zheng planned to start an aesthetic clinic spa business. (Complaint, 11.) On October 5, 2021, Li reached out to Dr. Ran and offered her an actual 20% ownership interest, as opposed to a "paper" 51% interest, in exchange for herto function as Medical Director for the clinic. (Complaint, 13.) Dr. Ran agreed. ...

Excerpt: ...count for Defendant's alleged failure to complete payment of the annual premium for a 2018 Workers Compensation and Employers Liability Insurance Policy. Plaintiff seeks the principal sum of $17,819.01, 10% interest from October 21, 2019 and costs. On August 27, 2022 at 10:44 a.m., Defendant was served with the summons and complaint by substitute service at 3264 Landess Avenue, San Jose CA 95132. The process server's proof of service states the d...

Excerpt: ...ain property. (Declaration of William Stuart ("Stuart Decl."), Ex. 1.) The Note contains the following provisions relevant to this motion to compel arbitration. 10. Amendment. This Note may be amended or modified only by an instrument in writing which by its express terms refers to this Note and which is duly executed by the party sought to be bound thereby. 12. Governing Law/venue. This Note shall be governed by and construed in accordance with ...

Excerpt: ...tive and healthcare verticals. (Complaint, 914.) Defendant Health IQ Insurance Services, Inc. is a Medicare broker that uses individual's health care records to find and recommend healthcare plans tailored to that individual's needs. (Complaint, 915.) On April 6, 2021, 1 Quote Velocity and Hi.Q, Inc. entered a Lead Purchasing Agreement whereby Health IQ agreed to pay Quote Velocity for customer leads. (Complaint, 916.) From May 2021 through Septe...

Excerpt: ...duciary duty, and (5) violation of business and professions code section 17200 et. seq. Defendants answered the complaint on December 19, 2019. According to the Complaint, Mr. Bettelheim owns a condominium unit in the Pigeon Loft Condominium Project ("Property"). (Complaint, 93.) Defendant Lorenzo Rios was acting as the director on the board of the Pigeon ü)ft Condominium Association ("HOA") despite not being elected to that position. (Complaint...

Excerpt: ..."Property"). On December 31, 2018, the Parties' father Marson Blair Hull, Jr. transferred the Property to Jeffrey and Jeffrey's younger sister, Courtney Hulll "not as joint tenants, but as tenants in common." (Complaint, Ex. 3; Plaintiff's Separately Bound Exhibits ("PS8E", Ex. A.) The Grant Deed from Blair to his two children was recorded. Jeffrey and Courtney formed Montevina Road LLC (the "LLC") on November 19, 2018. (PS8E, Ex. C.) Jeffrey's a...

Excerpt: ...Background Plaintiffs Christopher Kulp and Maryam Yazdi are a couple. On July 22, 2022, Yazdi went to Los Gatos Day Spas, Inc. ("Spa") to enjoy a ninety-minute spa package her partner Kulp purchased for her. Yazdi claims that while preparing for her session, Defendant Sindy Flores, a Spa employee, convinced her to remove her engagement ring and a second ring that has been in Yazdi's family for generations. Yazdi further alleges she never saw the ...