Excerpt: ...Lee to redesignate documents under the protective order. The court addresses these matters in order. The court dispenses with a lengthy recitaton of the background and procedural history of this case, focusing solely on the facts and law that are directly relevant to the issues at hand. I. DEFENDANTS' MOTION TO DISQUALIFY PLAINTIFF'S COUNSEL The moton to disqualify is denied. This motion is based on the premise that Lee's counsel improperly used ...

Excerpt: ...ties' Arguments The basis for Lee's motion is that he filed a request for dismissal on September 19, 2022 as to Defendant City of San Jose (the "City") only, and not as to DOES 1-20, and so he argues that it was improper for the clerk of the court to dismiss the entre case. Alternatively, he argues that it was standard procedure for the clerk's offce to dismiss all DOE defendants when all of the named defendants are dismissed, then it was his "mi...

Excerpt: ...2020, alleging medical negligence and loss of consortium. Plaintiffs filed a Doe amendment to the complaint on May 12, 2021, adding defendants Cheung Leung, M.D. ("Leung") and Mohammed Siddiqi, M.D. ("Siddiqi") as Does 26 and 27, respectively. On February 14, 2023, Leung filed a motion for summary judgment of all claims on the ground that he neither breached the standard of care nor negligently caused injury to Plaintiffs.2 II. EVIDENTIARY ISSUES...

Excerpt: ...g lnc, Whispering LLC and Naren Chaganti. Regarding the demand for further production of documents, Travelers seeks further production relating to demands 1, 2, 3, 5, 7, 9, 10, and 11. Plaintiff responds that both motions are "too late." Regarding the motion to compel further Interrogatories, Plaintiff claims Defendant is attempting to "decide the entire case via a discovery motion," and asserts that Defendant is seeking "legal argument instead o...

Excerpt: ...FEHA; (2) Failure to Prevent Discriminaton and Harassment in violation of the FEHA (based solely on alleged failure to prevent discrimination, see 38), and; (3) Retaliation in violation of the FEHA. After Plaintiff brought a motion for leave to amend which was granted on February 28, 20224 the operative First Amended Complaint ("FAC") was filed on March 2, 2022 and states seven causes of action: (1) Race Discrimination in violation of the FEHA; (...

Excerpt: ...fendants"). The operative Complaint filed on January 17, 2023 alleges that Defendants recorded a judgment lien on April 3, 2019, which operates as a cloud on the title of Plaintiffs' residence. (Complaint, 26.) The judgment lien was the last in a series of abstracts of judgments entered in a case between Defendant Cintora and Plaintiff Clifford Stanley and his former company, Bad Boys Bail Bonds, Inc. (Complaint at '1 14.) The court first entered...

Excerpt: ...d an Answer to the FAC on September 23, 2022, followed by the operative Amended Answer to the FAC on January 10, 2023. Currently before the court are two motions: Zhou's demurrer to the Amended Answer, filed on February 9, 2023, contending that assertons therein fail to provide sufficient facts to constitute a defense or that the defense is uncertain, and Zhou's motion to disqualify the attorney representing We Party, Shanshan Zou. Regarding the ...

Excerpt: ...e of achon for breach of contract on January 12, 2023. As noted in the court's prior order on demurrerl : Plaintiff is self- represented, which is sometmes referred to as appearing in propria persona. "[Wlhen a litigant is appearing in propria persona, he is entitled to the same, but no greater, consideration than other litigants and attorneys. Further, the in propria persona litigant is held to the same restrictive rules of procedure as an attor...

Excerpt: ...d. He filed the operative Second Amended Complaint ("SAC") on March 1, 2021, after retaining counsel. The SAC states claims for: (1) Breach of Contract (the insurance policy, a copy of which is submitted as Exhibit A to the SAC); (2) Fraud and Deceit (based on a denial of coverage letter which is not attached to the SAC as an exhibit); (3) "Intentional/Negligent Misrepresentation" (two separate causes of action pled as one, also based on the deni...

Excerpt: ...ot allege the specific location where Hsieh was injured. It asserts the general negligence claim against defendants 852-850 Villa Street LLC, Frederick Chen, Mark Chen, Don Baker, Douglas Watson (collectively, the "Villa Street Defendants") and various Does. The narratve on the "General Negligence" attachment states, somewhat generically, that "Defendants ... so negligently owned, occupied, managed, maintained or controlled certain real property,...

Excerpt: ... RealPage as a "System Administrator" from September 2017 until his termination on September 30, 2019. The complaint alleges that Hix was misclassified by his employers as an exempt employee and paid a fixed salary even though Hix was primarily engaged in performing nonexempt duties. (Complaint, "1 15-15.) Hix allegedly worked a substantial amount of overtime but was never paid overtime wages and did not qualify for exemption from overtme law. (l...

Excerpt: ... and that Roth Financial would see a 50% return within the first year. (ld. at '1 11.) Liddle subsequently disappeared with Roth Financial's money, in breach of their alleged fiduciary relationship, leaving Roth Financial unable to locate Liddle until a year ago. (Complaint, '1 8.) Roth Financial alleges that the induced investment was a security and that Liddle's actions constitute securities fraud, entitling Roth Financial to treble damages and...

Excerpt: ...ading northbound on Interstate 280 in Cupertino, California. (Complaint, '1 12.) The car in which Cao was riding was struck twice by a car operated by defendant Dante Martinez Escamilla, who was reported to be driving under the influence. (Ibid.) upon the second collision, the car containing Cao ran off the road and hit a tree. (ld., at "1 12, 39.) Among other things, the complaint alleges that if adequate safety measures had been placed on the f...

Excerpt: ...n violation of the Fair Employment and Housing Act (FEHA); (2) Age Discrimination in violation of the FEHA; (3) Disabil-ty Discriminaton in violation of the FEHA; (4) Failure to Accommodate Disability in violation of the FEHA; (5) Harassment in violation of the FEHA; (6) Failure to Prevent Harassment in violation of the FEHA; and (7) Retaliation in violation of the FEHA. The fifth cause of action for harassment is alleged against all defendants. ...

Excerpt: ... the court finds that at least some of the requested deposition testimony is relevant to the summary judgment motion and that there would be no material prejudice to continuing the moton hearing date by 30 days. The court therefore GRANTS IN PART the motion to compel and GRANTS the motion for a 30-day continuance of the summary judgment hearing. II. BACKGROUND Newman became a resident of Manor Care, a skilled nursing and rehabilitation facility, ...

Excerpt: ...uld exercise its discretion to transfer this case to Stanislaus County for the convenience of witnesses and the ends of justice, under Code of Civil Procedure section 397, subdivision (c). The court concludes that Santa Clara County is a proper venue under Code of Civil Procedure section 395.5, and that any motion under secton 397 is premature, given that no defendant has answered the complaint. Accordingly, the motion is denied. II. BACKGROUND O...

Excerpt: ...ENIED. At the outset, it is important to note that Ren does not claim a current or former attorney-client relationship with Zou. Normally, a party must have had an attorney-client relationship with an opposing attorney in order to have standing to bring a moton to disqualify. (See Jarvis v. Jarvis (2019) 33 Cal.App.5th 113, 131-133.) A non-client may still move for disqualification of opposing counsel in certain limited circumstances. In this cas...

Excerpt: ...first set of requests for production of documents" as to the same defendant. The court finds that the earlier "first set" that is the subject of the current motion was superseded by the subsequent "first set" that the court addressed on April 4. Accordingly, this motion is denied as moot. Plaintiffs Whispering Oaks Residential Care Facility LLC, Whispering Oaks RCF Management Co. Inc., and Naren Chaganti ("Plaintiffs") originally served a "First ...

Excerpt: ...nal and still-operative form complaint on December 3, 2019, and it states two causes of action: (1) General Negligence, and (2) Premises Liability. There are no exhibits attached to the complaint. The complaint refers collectively to the "Defendants" and does not make any distinction between DL Bar and La Senda. The only narrative portions of the complaint are attachments for General Negligence and Premises Liability. The first of these (the Gene...

Excerpt: ...n the complaint is barred because the purpose ofthe lease was "deemed illegal by the City of San Jose." • In '1 10, changing Anatomage's admission that it "terminated its Lease due [tol the Landlord's improper and unlawful conduct" to an admission that it "vacated Suite 100 of the subject Premises after being served with Plaintiff's Notice to Cure or Quit dated September 19, 2019, and thereafter vacated Suites 650 and 700 .. . due [tol the Land...

Excerpt: ...y is where Mummah resided at the time of commencement of the acton. On April 22, 2022, Li filed the operative first amended complaint for declaratory relief ("FAC"). On September 2, 2022 Mummah filed: 1. Answer to the FAC; and 2. Cross-complaint for Violation of Federal and California Fair Debt Collection Practices Acts ("FDCPA") ("cross-complaint"). The cross-complaint names Li's attorney, Scott A. Flaxman, as cross-defendant. On March 5, 2023, ...

Excerpt: ...pired on January 31, 2023. (Comp'. at '16.) It further alleges that the expired tenancy was exempt from the Tenant Protecton Act of 2019 under two provisions: (1) Civil Code section 1946.2, subdivision (a) (stating in pertinent part that the Act only applies "after a tenant has continuously and lawfully occupied a residential real property for 12 months"), and (2) Civil Code section 1946.2, subdivision (e)(4) (stating that the Act does not apply ...

Excerpt: ...ourt GRANTS Cisco motion. The court also finds that Cisco has demonstrated "no reasonable likelihood" of Ali's prevailing in this action and that it is therefore entitled to an order that Ali post a security before continuing this litigation. Nevertheless, the court finds no evidentiary basis for the $250,000 requested by Cisco and therefore orders the parties to appear to address the question of the appropriate amount. Code of Civil Procedure se...

Excerpt: ...e of Civil Procedure section 340.1, subdivision (b)(l), does not apply to the conduct alleged here. Accordingly, the court denies the motion. As an initial matter, the court notes that the complaint names three defendants (in addition to Doe defendants): the Church, the Corporation of the President of the Church of Jesus Christ of Latter- Day Saints (the "Corporation of the President"), and Phil Stewart, a former bishop. The motion is unclear, ho...

Excerpt: ...hat certain limited discovery is needed in order to oppose the motons. Having reviewed the submissions of the parties, the court grants in part and denies in part the motion to lift the stay of discovery: • Subpoena for documents from Stanford: GRANTED. The court finds that White has shown good cause to obtain documents from Stanford relating to: (1) any complaints of sexual assault against White by the defendants, and (2) complaints of any nat...