Excerpt: ...e judicial reference provision is part of a void and invalid contract. The court finds Plaintiffs' arguments to be unpersuasive and concludes that the agreement may be enforced in this case. Nevertheless, the court also believes that ATI's motion may be incomplete, as it does not include any of the information required by rules 3.901 and 3.902 of the California Rules of Court. As a result, the court grants ATI's motion, as far as it goes, but the...

Excerpt: ...in Violation of Public Policy), and on September 29, 2022, the court (Judge Kirwan) sustained the demurrer with leave to amend. Dornidon filed her first amended complaint ("FAC") on October 11, 2022, alleging the same causes of action as in the original complaint: (1) Breach of Contract and (2) Wrongful Termination in Violation of Public Policy. SHC now brings this demurrer to the second cause of action, arguing that it still fails to allege suff...

Excerpt: ...ition brief is not yet due on that last motion. All three of these motions are interrelated, however, as evidenced by frequent references to the propriety of Google's confidentiality designations in the briefing on the first two motions, particularly by plaintiff Satrajit Chatterjee ("Chatterjee"). Nevertheless, because the third motion appears to raise the most substantive issues of the three, and because the court does not yet know the full ext...

Excerpt: ... shelving and sorting books and miscellaneous closing duties. Laurent contends that he was fired from the Library because of his disabilities, which include autism and compartment syndrome, which Laurent describes as increased pressure in an anatomic compartment (of the leg), causing chronic knee pain. On May 2, 2018, Laurent approached his supervisor, Gena Cortez, and asked her to provide him with a different task from the shelving duties to whi...

Excerpt: ... BACKGROUND A. Factual Allegations in the Complaint Plaintiff Applied Materials, Inc. ("Applied") supplies equipment, services, and software for fabrication of semiconductor products. (Complaint ("Compl.") '16.) It brings this action against defendants Huu Vu ("Huu") and Tuan Vu ("Tuan") (brothers and former employees of Applied) 3 , defendant James Nguyen dba Mechatronics Engineering Group ("Nguyen"), and defendant Capital Asset Exchange & Tradi...

Excerpt: ...sona, [slhe 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 attorney." (Burnete v. La Casa Dana Apartments (2007) 148 Cal.App.4th 1262, 1267, internal citatons omitted; see also Rappleyea v. Campbell (1994) 8 Cal.4th 975, 985.) The original complaint in this action, filed on June 20, 2019, stated claims for:...

Excerpt: ...-represented here, is a full-time physician for the County at the South County Clinic, run by Substance Use Treatment Services ("SUTS"). (SAC at 1.) He has been employed as a category "P28" Senior Staff Physician II since July 2013. (SAC at '1 1, 30.) Per County records, he is paid every two weeks with the terms and conditions of his employment set forth in the Memorandum of understanding ("MOU") between the County and the Union of American Physi...

Excerpt: ...ity. Johnson visited the California Pizza Kitchen located at 136 El Camino Real in Palo Alto California in May and June 2021 and alleges that he was "deterred from physically attempting to sit" at the restaurant as a result of noncompliance with the Americans with Disabilities Act ("ADA"). The complaint states two causes of action: (1) Violation of the Unruh Act; and (2) Violation of the California Disabled Persons Act. The complaint primarily re...

Excerpt: ..., subdivision (e), of the Code of Civil Procedure i.e., on the ground that the complaint fails to state sufficient facts to allege a cause of action. A. Factual Allegations in the Complaint Catchlight filed the complaint on June 24, 2022. It alleges that Zhu misappropriated and absconded with investments that were originally made by Zhen Partners, a venture capital firm, in 2017. (Complaint, 2-3.) In that year, Zhen Partners and Leadvisor entered...

Excerpt: ...s, the requests at issue are: Nos. 2, 4, 5, 5, 7, 9, 11, 18, and 20. For the reasons set forth below, the court DENIES the motion. As an initial matter, Travelers points out that Plaintiffs' motion is untimely. Travelers served its amended responses to the requests for production on November 22, 2022, and so Plaintiffs' deadline to file their motion was January 10, 2023 (45 days + 2 court days). Plaintiffs did not file the Notice of Motion until ...

Excerpt: ...fessor at Stanford, asserted that he was entitled to reimbursement for expenses incurred in bringing a lawsuit to defend both his academic integrity and that of others. The underlying Labor Code proceeding (sometimes referred to as a "Berman hearing") "is designed to provide a speedy, informal, and affordable method of resolving wage claims." (Post v. Palo/Haklar & Assocs. (20W) 23 Cal.4th 942, 947; see also Arias v. Kardoulias (2012) 207 Cal.App...

Excerpt: ...020. She filed a First Amended Complaint ("FAC") on September 15, 2020. She filed a Second Amended Complaint ("SAC") on April 28, 2022. The SAC stated 11 causes of action: (1) Gender Discrimination in Violation of the FEHA; (2) Retaliation; (3) Wrongful Termination in Violation of Public Policy; (4) Failure to Pay Overtime Wages; (5) unpaid Meal Period Wages; (6) Unpaid Rest Period Wages; (7) Failure to Pay All Wages Due; (8) Failure to Provide A...

Excerpt: ... for negligent misrepresentation. A. Facts On November 30, 2017, third-party Kurt Orban Partners, LLC entered into an $85,000,000 credit facility with several lenders, including Plaintiffs. (FAC, '13.) Initial and subsequent funding underthe credit facility was conditioned on Kurt Orban Partners, LLC's delivery of an unqualified audit opinion on its consolidated financial statements. (Ibid.) Accordingly, Kurt Orban Partners, LLC retained Squar to...

Excerpt: ...this case. De La Rosa's Retail Installment Sales Contract ("sales contract") with Premier included an agreement to arbitrate all claims arising out of or relating to the "purchase or condition of this vehicle, this contract or any resulting transaction or relationship (including any such relationship with third parties who do not sign this contract).. " Although Nissan was not a signatory to this sales contract, De La Rosa alleges that "[allong w...

Excerpt: ...nits and 18 office units. Plaintiff filed the original complaint in this action on May 28, 2021. It filed the operative First Amended Complaint ("FAC") on August 12, 2021. The FAC states five causes of action against Defendant and various Does: (1) "Breach of CCRs and Civil Code 4775"; (2) "Breach of the SAR Contract"; (3) Negligence; (4) Common Counts and Quantum Meruit; and (5) Declaratory Relief. Both the original complaint and the FAC allege ...

Excerpt: ...llectively, "Defendants") breached a settlement agreement that arose from a loan ownership dispute between the Trust and Neal. (SAC, '1 12.) Neal filed that underlying loan ownership dispute against the Trust, which Neal alleges was represented by Robinson and WFZ. (ld. at '1 14) Neal also alleges that on December 30, 2021, he made an initial offer of $750,000 "in exchange for conveyance of complete title of the subject property to Plaintiff by D...

Excerpt: ... Encore Industries); 2. Breach of Fiduciary Duty (against Vogel); and 3. Declaratory Relief (against all Defendants). Hacker is a director and minority shareholder with 29,400 out of a total of 60,000 shares of common stock in Encore Industries. Vogel possesses the remaining 30,600 shares. (Complaint, 5-7.) Encore Industries was incorporated in 1997. Until 2010, Vogel served as its Chief Executive Officer ("CEO") and President. (Complaint, '18.) ...

Excerpt: ...serta's Requests for Pr(Nluction, Set No. 3; (7) further dtNuments and responses in connection with Caserta's Requests for Production, Set No. 4; (8) further documents and responses in connection with Caserta's Requests for Production, Set No. 5; (9) further documents and responses in connection with Caserta's Requests for Production, Set No. 6; (10) further documents and responses in connection with Caserta's first supplemental request for of do...

Excerpt: ...tion of Corporations Code SS 25401, 25501, 25504.1; 3) Violation of Fair Labor Standards Act of 1938; 4) Violation of Labor Code SS 558.1(a), 1194(a) and 1194.2(a); 5) Violation of Labor Code S 1197.1(a); 6) Violation of Labor Code SS 201(a), 203(a) and 558.1(a); 7) Violation of Labor Code S 204(a); 8) Violation of Labor Code S 226; 9) Violation of Labor Code S 226.8; 10) Fraud; 11) Exemplary damages; 12) Negligent misrepresentation; 13) Breach o...

Excerpt: ... filed an ex parte request to continue the demurrer hearing date (as well as a case management conference) to "[slome time in March," citing health issues and the need for more tme to retain new counsel. This court (Judge Kirwan) granted the ex parte request and continued the hearing on the demurrers to March 21, 2023. Notwithstanding these continuances, the court has not received any opposition to defendants' demurrers. Having reviewed the paper...

Excerpt: ...iness in Missouri in 2010. Plaintiffs filed their original complaint on 18, 2018. The complaint attached two exhibits: (1) a copy of a "Water Tank Lease with Option" between Whispering Oaks Health Care Center, Inc. and Cricket Communications, Inc. entered into on April 24, 21m which expressly states in paragraph 18(e) that "This Lease shall be construed in accordance with the laws of the state of Missouri"; and (2) a custom commercial insurance p...

Excerpt: ...ement") attached thereto as Exhibit A. (Complaint, pp. 1-2.) Pursuant to the Lease Agreement, Kazarian agreed to pay Diamond Creek $2,747.00 by the first of each month. (Complaint, p. 2; Exhibit A.) As of October 14, 2022, however, Kazarian is allegedly behind on the payment of rent in the amount of $19,229.00. (Complaint, p. 2) Exhibit B of the Complaint contains the written Three-Day Notce to Pay Rent or Quit ("Notice") delivered on October 14,...

Excerpt: ...e permitted to testify remotely by video. As an initial matter, the court notes that the question of remote trial testimony is fundamentally one of trial management, and that the final decision should be made by the trial judge, who has not yet been assigned in this case. Consequently, although the court certainly understands the parties' desire for pretrial guidance and certainty in order to prepare for trial, any decision that the court makes o...

Excerpt: ...ern California to Northern California for both a physical and mental examination, but Fouladi has since agreed to come to Northern California for the physical examination on February 27, 2023 (three days before this law and motion hearing). She remains resistant to coming to Northern California for a mental examination, however. Even though she is willing to submit to a mental examination, she wishes to do it within 75 miles of her home in Southe...

Excerpt: ...ended Complaint (“FAC”), which alleges the following causes of action: 1. Trade Secret Misappropriation (Civ. Code § 3426, et seq.); 2. Trade Secret Misappropriation (18 U.S.C. § 1836, subd. (b)); 3. Violation of California Data Access and Fraud Act (Cal. Pen. Code § 502); 4. Conversion; 5. Intentional Interference with Prospective Economic Advantage; 6. Intentional Interference with Contractual Relationship; and 7. Trade Libel. On October...