Excerpt: ...an unauthorized surreply (l abeled a “reply”) dated May 2, 2024 —Huang requests that the award be vacated, even though he has not filed a separate petition or notice of motion to vacate the award.3 Accordingly, the only petition properly before the court is one to confirm the award. But because the parties have combined all of their arguments in favor of confirming or vacating the award into five different briefs for this hearing —and...

Excerpt: ...motion to compel further responses to interrogatories, and (3) a motion to compel further responses to requests for admissions. In addition, the City moves for monetary sanctions against defendants and their former attorney, Ana Vásquez, who withdrew from representation on Novemb er 21, 2023. Because Hitesh and Golden State are companies who are no longer represented by Vásquez or any other counsel, they are unable to appear, and they have not ...

Excerpt: ...al interrogatories; and (3) a motion to deem the truth of matters and the genuineness of documents specified in requests for admissions. In addition, Jabil has requested monetary sanctions in the amount of $30,825. Human Bees opposes the motions and requests $10,000 in sanc tions against Jabil. For the reasons that follow, the court GRANTS in part and DENIES in part the motion regarding documents; the court DENIES the motions regarding the inter...

Excerpt: ...st supplement its response with a straightforward answer to this contention interrogatory. GRANTED. Special Interrogatory No. 2: Because the answer to this interrogatory relies entirely on the evasive and insufficient answer to Interrogatory No. 1, GM must supplement its response to this interrogatory with a straightforward answer. GRANTED. Special Interrogatory No. 3: Because the answer to this interrogatory relies entirely on the evasive and in...

Excerpt: ...egligence and Premises Liability. The Premises Liability attachment checks boxes for negligence and failure to warn but does not check the box for dangerous condition of public property, which is the only basis for a premises liability claim against a public entity. Th e complaint admits in paragraph five that the City is a public entity. The narrative allegations on the General Negligence attachment state: On July 28, 2020 at around 7:15 pm, Pl...

Excerpt: ...and Melvin agreed to pay for these services and expenses on or before the 20th of each month. (See Complaint, First Cause of Action, ¶ BC -1, Exhibit A.) Melvin and his father, Clarke Cooper (“Clarke”) (collectively, “Defendants”), signed a promissory note in which they agre ed to pay principal and interest of 10 percent per annum in monthly installments of $5,000 on the 21st of each month, beginning on May 21, 2016. (Complaint, Third Ca...

Excerpt: ...rage duration for a SongBeverly case, though it is not unprecedented. The history of this case includes multiple discovery motions, multiple continuances of the trial date, and a summary adjudication motion filed by FCA as to one of the causes of action. The terms of the pa rties' settlement includes an award of attorney's fees, costs, and expenses to Plaintiffs as the prevailing party, but the parties are far apart in their views regarding the ...

Excerpt: ... Petition (“SAC”), p. 3 .)1 Father was a patient of Regional Medical Center (“RMC”) in San Jose from March 13, 2019 to March 21, 2019. (Id. at p. 4.) RMC diagnosed Father with “basic influenza”; he was subsequently transferred to Defendants' rehabilitation facility; and then D efendants failed to investigate his past medical history and “overmedicated” him, which compromised his health. (Id. at pp. 4 -5.) Defendants further negle...

Excerpt: ...ond amended complaint (“SA C”) on October 3, 2023, after the court overruled in part and sustained in part a demurrer to the first amended complaint. There are also cross -actions. Encore filed a cross - complaint against Hacker on June 9, 2023, stating causes of action for breach of fiduciary duty, conversion, common counts, and imposition of a constructive trust. Hacker brought a demurrer to this cross -complaint, which the court sustain...

Excerpt: ...case on July 5, 2023; it filed the operative first amended complaint (“FAC”) on November 2, 2023. This case is preceded by three other cases between Lebar and Kim that were filed in 2022: two unlawful detainer actions that are now closed, as well as a civil action for damages by Kim against Lebar that is scheduled to go to trial on September 30, 2024. The parties both conducted dental businesses at 1240 Scott Boulevard, Santa Clara, Califo...

Excerpt: ...papers and the com plaint, the court rules as follows: 1. Fraud Causes of Action Although it is not entirely clear, it appears that the core allegations of Castro's complaint are fraud allegations, as set forth in the fifth cause of action (“violation of Civil Code § 1572”), sixth cause of action (“fraud”), and eighth cause of action (“intentional misrepresentation”). Castro contends that he defaulted on a home loan that was procure...

Excerpt: ...ng trial date of July 1, 2024, the court GRANTS the motion. As an initial matter, the court agrees with Plaintiff that this proposed amendment comes extraordinarily late in the case, long after the original trial dates of May 30, 2023 and August 14, 2023. At the same time, the co urt is unmoved by Plaintiff's contention that this motion is an effort to “sandbag” him. Having reviewed the file in this case, including Judge Kuhnle's November 3,...

Excerpt: ...act contract (based on Lerma's use of a credit card); (3) common count— money lent; (4) common count —money paid on request; (5) common count —open book account; and (6) common count — account stated. Attached to the complaint as Exhibit A is a copy of the Visa credit card agreeme nt upon which the first cause of action is based. (See Complaint, ¶ BC -1.) While the credit card agreement is not signed by either party, paragraph 1 states,...

Excerpt: ... complaint does not identify any “Doe” defendants in paragraph 1, where all defendants are supposed to be identified. In paragraph 6, however, Sun has checked the box stating that Doe defendants “1 -5” were the “agents or employees of other named defendants.” The co mplaint does not allege compliance with any claim presentation requirement, as none of the boxes in paragraph 9 of the form are checked. In paragraph 10, where causes of ...

Excerpt: ...024. The primary ba sis for the District's demurrer was the claim that Assembly Bill 218 (“AB 218”), which amended the limitations period for bringing a childhood sexual assault claim under Code of Civil Procedure section 340.1, was unconstitutional under Article XVI, § 6 of the California Constitution, also known as the “Gift Clause.” The court ultimately rejected this claim and overruled the demurrer. (See January 23, 2024 Order.)3 Two...

Excerpt: ...ENIED IN PART. Fi rst, Steinberg Hart seeks further responses to Requests for Production Nos. 24, 25, and 26 from its second set of document requests, under section 2031.310. Z&L's responses consisted solely of objections, without any statement of compliance. But Z&L argu es in its opposition that these requests are duplicative of Requests for Production Nos. 4, 5, and 6, which were presumably contained in Steinberg Hart's first set of document ...

Excerpt: ...her responses to requests for production of documents, and (5) to compel compliance with requests for production of documents. In addition, Plaintiffs seek $7,429.00 in monetary sanctions against Surgicare. Because Plaintiffs' motion fails to demonstrate good cause for further responses to the document requests, and because the moving papers barely address the substance of the answers to the interrogatories, the court DENIES the motion in large p...

Excerpt: ...y generic and dev oid of specific explanations regarding the disputed requests. Indeed, the brief does not include or discuss the specific text of any of the 37 the requests at issue, instead grouping them into broad categories and then making general arguments about them. In addition, the brief contains no definition of the “transmission defect” and “engine defect” at issue, leaving it for the reply brief to define these terms. Even ...

Excerpt: ...k to amend the c omplaint to add two new causes of action against defendants Suzanne Ramirez (Jonathan Ramirez's ex -fiancee) and RRT Group, Inc. (collectively, “Defendants”): for financial elder abuse and for an accounting. Defendants respond that they “will not oppose” t his motion “with the following conditions”: (1) that Defendants not be required to file a response to the amended complaint; (2) that they be allowed to conduct ...

Excerpt: ..., 2022, and the y filed the operative first amended complaint (“FAC”) on October 16, 2023. The FAC alleges in part that of the $623,300.00 currently owed to Plaintiffs: . . . $552,300 represents money Plaintiffs loaned to Defendant to assist in the purchase of two pieces of residential real property —one in the City of San Jose and one in the City of Palo Alto, as well as a small of amount of interest on one of those loans. Constituting t...

Excerpt: ...on November 12, 2019 by plaintiffs Wendy Towner, Francisco Aguilera, Nick McFarland, Justin Bates, and Brynn OtaMatthews (collectively, the “Towner plaintiffs”). The Towner plaintiffs eventually filed a Fifth Amended Complaint (“5AC”) on July 23, 2021, stating several c auses of action against defendants Gilroy Garlic Festival Association, Inc. (“GGFA”), First Alarm Security & Patrol, Inc. (“First Alarm”), the City of Gilroy (“...

Excerpt: ...ccording to the c omplaint, Xu has refused to contribute to the loan since January 2023, and Jiang has had to pay Xu's share of the loan. (Ibid.) In addition, despite verbal promises, Xu has refused to repay Jiang one -half of the advance payment and transaction fees. (Id . at ¶ 11.) Jiang incurred other expenses related to the Bowen Property, including property tax, insurance premiums, replacement of airconditioning system, gardener fees, repai...

Excerpt: ...2023. It states four causes of action: (1) Nonpayment of Wages (against Flawless); (2) Breach of Contract (against Flawless and Flawless S.A.R.L.); (3) Violation of Business and Professions Code Section 17200 et seq. (against Flawless); and (4) Defamation (against Flawless an d Loughan). There are no exhibits attached to the complaint. Flawless filed an answer to the complaint on October 30, 2023. Currently before the court is a special motion t...

Excerpt: ...dariz v. Foundation Health Psychcare Services (2000) 24 Cal.4th 83 (Armendariz). Perera alleges that FINRA has not complied with the holding in Armendariz that an employment arbitration must involve a neutral arbitrator and must not require the employee to pay any type of expense that he or she would not have to pay if the dispute had been brought in court rather than in arbitration. Perera alleges that FINRA has charged him thousands of dollars ...

Excerpt: ... Pacific Coast Med ical Clinic (collectively, “Plaintiffs”), based on alleged spoliation of evidence, (2) a motion to compel compliance with Cigna's third set of requests for production of documents (Nos. 33, 35- 37, and 39), and (3) a motion to seal certain exhibits submitte d with the motion to compel compliance. Plaintiffs oppose the first two motions but do not oppose the third. This case was originally set for trial more than 10 months...