Excerpt: ...nn Dornon Kuehn, the Carpet Butler, John Lee, James Young, and William C. Dresser. To date, none of these seven latter defendants has been served or made an appearance in this case.3 On March 7, 2022, Hartman filed a demand for arbitration with the American Arbitration Association, naming the Georges and three other neighbors as respondents: Xuan Bai, Thao Bui, and Klarissa Marenitch. Bai, Bui, and Marenitch share the same easement with Hartman a...

Excerpt: ...and Berman moved to quash service of summons on March 24, 2022. The court also granted this motion to quash. Pomogaibo has attempted further service of summons by mail, personal service, and publication. The court subsequently permitted the following: 1  September 2, 2022 Order to Serve by Publication as to Defendant Babichev via East Bay Express  October 6, 2022 Order to Serve by Publication as to Defendant Berman via San Jose Post Record ...

Excerpt: ...r 1 collided with yet another driver (Driver 2) before then colliding with Villar Blasquez. (Ibid.) Villar Blasquez was seriously injured. She alleges that: (1) Defendant, by and through the California Department of Transportation, had constructive notice of a dangerous condition in the highway in sufficient time prior to her injury to have corrected it; and (2) the condition was created by Defendant's employees. (Complaint, p. 4-5.) B. PROCEDURA...

Excerpt: ...aint was filed by Plaintiffs Libby Reams, individually and as administrator of Decedent's estate, and Jon Speckman (“Plaintiffs”) on September 18, 2019. A separate complaint was filed on behalf of McCarthy (Case No. 19CV358560). On September 30, 2020, this court (Judge Barrett) consolidated the two cases solely for discovery and pretrial purposes. The present motion for summary judgment pertains only to the Reams/Speckman case. Plaintiffs fil...

Excerpt: ...tional information about disability discrimination claims against FedEx by other deaf and hard‐of‐hearing employees around the country. According to McHaar, these discovery requests were prompted by the deposition of one of FedEx's senior HR managers, who testified about a consent decree and/or conciliation agreement between FedEx and the Equal Employment Opportunity Commission (EEOC) relating to 31 other such employees. Having reviewed the r...

Excerpt: ...y expelled (or forced to “voluntarily withdraw”) from SFHS based on conduct that occurred in 2017, before they were students at SFHS. More specifically, it alleges that in August 2017, they took two pictures of themselves after using acne facemasks. A copy of the first of these photos (attached to the complaint) has a timestamp of “August 17, 2017, 12:32 A.M.” and shows one of the minor plaintiffs and a friend with a white substance cover...

Excerpt: ...¶ 5.) Each property had numerous water delivery systems to be provided by San Jose Water, but neither association had a choice in selecting the water delivery entity. (Ibid.) San Jose Water had separate contracts with each association to provide water to their delivery systems; it assigned different billing numbers to each delivery source on Southcliff's property. (Ibid.) In 2016, Southcliff learned from a vendor that water from its designated d...

Excerpt: ...Defendants Northwest Investment Consulting, Inc., NWPS Holdings, Inc., Northwest Holdings, Inc., Kaufmann and Goble Associates, Inc., Sidney T. Kaufmann, and various Does. Consistent with the parties, the court refers to all defendants collectively as “Defendants”; to NWPS Holdings, Inc. and Northwest Holdings, Inc. collectively as the “Holding Companies”; to Northwest Investment Consulting, Inc. as “NWPS”; to the Holding Companies an...

Excerpt: ...sh filed by Defendants NWPS Holdings, Inc. and Northwest Holdings, Inc. (the “Holding Companies”). The motion to quash is premised on the court's lack of personal jurisdiction as to the Holding Companies. The documents at issue in this motion to compel fall into two categories: (1) the schedules to the purchase agreement by which Defendant Northwest Investment Consulting, Inc. d/b/a Northwest Plan Services (“NWPS”), a wholly owned Califor...

Excerpt: ...complaint; and (2) that the affirmative defenses are insufficient to state defenses to the complaint. The court rejects the first ground, as it appears to misconstrue the record. Although the Defendants originally filed an unverified answer on January 5, 2022, the Defendants were granted leave by the court to amend their answer, and the amended answer that was filed on May 5, 2022 was verified. Therefore, Taylor's claim that Defendants' answer is...

Excerpt: ...1, 2020, originally stated claims for: 1) Breach of Contract (the 2019‐2020 Saint Francis High School Student‐Parent Handbook, a copy of which is attached to the Complaint as Exhibit 4); 2) Declaratory Judgment (as to the parties' “respective duties under the Handbook,” Complaint at ¶97); 3) “Violation of Common Law Right to Fair Procedure”; 4) Violation of Cal. Education Code section 48950; 5) Defamation (slander per se) against Def...

Excerpt: ...unty (Case No. 17CV307717). The Complaint alleges a breach occurred in September 2020. (See Complaint at ¶¶ 7‐21 generally.) Defendants filed an answer on August 11, 2021. The case was originally assigned an October 24, 2022 trial date, after an April 12, 2022 trial setting conference. (See April 12, 2022 Minute Order.) The matter is now set for trial on February 21, 2023. (See December 13, 2022 Minute Order.) Currently before the court is a ...

Excerpt: ... recoverable by statute or by contract in this case, the motion is denied. This case arises out of an earlier dispute between Defendant Lundy Center Association (“LCA”), a condominium owners' association, and C Cube Investment, LLC (“C Cube”), the owner of four units in LCA's office condominium project. The dispute related to assessments that had been imposed by LCA on C Cube. Chen was not a unit owner, but she was a minority owner of C C...

Excerpt: ...ich the court has taken judicial notice. The court may not consider extrinsic evidence. The following recitation of facts is derived solely from the FAC, which the court accepts as true for the purposes of this hearing only. I. FACTS Plaintiff and Defendant are not married or otherwise related to each other, but they began dating in May 2018 through an online dating website. (FAC, ¶ 8.) On May 2, 2018, Plaintiff and Defendant had their first in�...

Excerpt: ...gence b. Count 2: Willful Failure to Warn Defendant filed this Motion to Strike on September 20, 2022, seeking to strike Count Two of the Premises Liability cause of action: Page 1 of 1 ‘Attachment to Complaint', Second Cause of Action Premises Liability, Paragraph Prem. L‐3, Count Two – Willful Failure to Warn [Civil Code section 846]. Plaintiff filed an Opposition on January 3, 2023, to which Defendant replied on January 9, 2023. II. MOTI...

Excerpt: ...vember 12, 2021 by Defendants Juan Galan Ramirez and Genoeva Martinez, was unverified. An amended answer filed on November 22, 2021 was also unverified. On February 23, 2022, Wawanesa Insurance Company filed a limited civil action (case no. 22CV395264) against Defendant Ramirez, and that action was consolidated with this one by order of the Court (Hon. Kirwan) on April 13, 2022. The limited civil action was subsequently dismissed with prejudice o...

Excerpt: ...a left medial pterygium removal with amniotic grafting surgery under the advice of Defendant Ellis. (Complaint, ¶ 11.) Plaintiff felt pain in her eye during the procedure and heard Defendant Ellis or his assistant state that she was bleeding. (Id. at ¶¶ 12‐13.) Immediately after hearing the comment, Plaintiff saw a bright flash of light, smelled something burning, and felt a painful burning sensation in her left eye. (Id. at ¶ 13.) On March...