Excerpt: ...nt requested a n extension, the extension kept open the time for Defendant to respond, as there was no agreement by the parties that objections were waived and Defendant claims he was not properly served with the requests. As such, Defendant may raise a proper objection. Defendant objects to requests 1 and 2 claiming that the requests do not identify the documents sought with “reasonable particularity” which Defendant claims is required by CC...

Excerpt: ...i nt In the operative first amended complaint (“FAC”), plaintiff Chicago Title Company (“CTC”) alleges on or about 27 July 2019, defendant 28th St Villa Apts, LLC (“Buyer”) and defendant Green Villa Apartments, LP (“Seller”) entered into an agreement for the sale of real property located at 1319 Tripp Avenue in San Jose (“Property”) from Seller to Buyer. (FAC, ¶¶9 – 10.) Between July 2019 and November 2019, plaintiff CTC ...

Excerpt: ...ain the utility or performance of the vehicle, or to provide compensation in the event of a failure in utility or performance for a specified period of time. (See complaint, ¶ 6.) During the warranty period, the vehicle contained or developed nonconformities including power steering failure, loss of communications between modules, dash lights illuminating including traction control light, airbag light, TPMS light, check engine light and the wre...

Excerpt: ...“Condo”). Plaintiff initiated this act ion by filing a complaint on June 9, 2022. Plaintiff filed the first amended complaint (“FAC”) on May 15, 2023. Thereafter, Defendants demurred to the FAC. The Court (Hon. Rosen) made the following ruling: Defendants' demurrer to the first, third, fourth and fifth causes of action on the ground of insufficient facts is SUSTAINED with 10 days leave to amend. Defendants City and Housing Authoritie...

Excerpt: ...: Carrer a VII, L.P., Carrera VII (B), L.P., Mantra Ventures, LLC (the “Businesses”). (FAC, ¶1.) Defendants Chan and the Businesses (collectively, “Defendants”) convinced Plaintiff to fund an investment portfolio by making various promises and representations. (Ibi d.) Defendants promised and represented that for a payment of approximately 15 percent and related fees, they would invest Plaintiff's money for his benefit in securities as ...

Excerpt: ...oduction. The par ties asked the court to hear this matter on shortened time (essentially, within nine calendar days of the court having received the parties' ex parte papers). Because this case is set for a trial on July 22, 2024, the court agreed to do so, with an exceptionally truncated briefing schedule. The court has now reviewed the parties' filings. Because of the rushed nature of this hearing, the court makes the following preliminary o...

Excerpt: ...nts”). The origin al and still-operative complaint, filed on January 17, 2023, alleges that Defendants improperly 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 Stanley's former company, Bad Boys Bail Bonds, Inc. (Los ...

Excerpt: ...arch 23, 2022. It filed the operative First Amended Complaint (“FAC”), adding defendant Link Corporation (“Link”), on March 15, 2023. The FAC states claims for: (1) Fraud in the Inducement (against AMS, Achkar, and various Does); (2) Fraud and Deceit (against AMS, Achkar, and vario us Does); (3) Breach of Contract (against AMS and various Does); (4) Breach of the Implied Covenant of Good Faith and Fair Dealing (against AMS and various Do...

Excerpt: ...t for dismissal of the co mplaint as to all Defendants and all causes of action, without prejudice. Although Ari Law dismissed the complaint and never filed an opposition to the anti -SLAPP motions, the parties nevertheless appeared for the hearing on October 26, 2023 to address th e court's tentative ruling. In that October 25, 2023 tentative ruling, the court recognized that it no longer had jurisdiction to rule on the motion to strike, given ...

Excerpt: ...rding to the complai nt, Citizens is in the sign, construction, and advertising business. (Complaint, ¶ 8.) In 2018, Citizens brought a civil rights action against the City of San Jose (the “2018 federal action”). (Id. at ¶ 9.) In September 2018, Citizens entered into a wr itten representation agreement with Defendants, who handled various aspects of the 2018 federal action. (Id. at ¶¶ 10 -14.) In 2020, the City of San Jose filed a lawsu...

Excerpt: ... complaint, Moreno was injured on July 6, 2021 when an outdoor wall dividing property between the defendants fell over. There are no exhibits attached to the complaint, and the complaint itself is notably quite vague as to how Moreno came to be at the location where the wall collapsed and how the several defendants are liable for his injury. The complaint for the most part refers only to “Defendants.” Currently before the court is a motion fo...

Excerpt: ...r action mo ot. The trial court in Department 12 (Judge Isger) then set the matter for an order to show cause re: dismissal on September 21, 2023. At the OSC hearing, Fang asked that the case not be dismissed in order to proceed with the case as an ordinar y civil ac tion. He also asked that his ex parte application to amend his complaint be granted. The court denied the ex parte application “without prejudice” and sent the matter back to the...

Excerpt: ... of these motions. The court's limited understanding as to the individual defendants, based on the parties' papers (which barely differentiate between the defendants), is as follows: (1) Tessier -Lavigne was the President of Stanford at the time of Katie Meyer's suicide —he is no longer President but is still employed by Stanford; (2) Brubaker -Cole is the Vice Provost for Student Affairs; (3) Zumwalt is the General Counsel; (4) Caldera is the ...

Excerpt: ...e Order No. 4 -2001); (2) Failure to Provide Mandated Meal Periods (Violation of Labor Code Sections 226.7 & 512 and Wage Order No. 4- 2001); (3) Failure to Provide Mandated Rest Periods (Violation of Labor Code Section 226.7 and Wage Order No. 4 -2001); (4) Failure to Provide Item ized Wage Statements (Violation of Labor Code Sections 226 & 226.3 and Wage Order No. 7 -2001); (5) Failure to Pay Wages Upon Termination (Violation of Labor Code Sect...

Excerpt: ...ttachment alleges that “Pomogaibo has to sent [sic] order for publication, summons, and credit card details to newspaper. Newspaper has to publish summons 4 weeks and charge $400 for it. Newspaper refused to comply with court order based on conversation with attorney Ekate rina Berman, who said to newspaper three false datums – she represented his client Yevgeniy Babichev, [I]'m [vexatious] litigant, [I] have not received permission from pres...

Excerpt: ...t a single cause of action for intentional tort – defamation.2 Zhan alleges that Tang intentionally and maliciously mistranslated Zhan's emails from Chinese to English as part of the evidence submitted to the Santa Cruz court in the civil harassment case. According to Zh an, she notified Tang about these alleged mistranslations and thereafter sent a cease -and -desist letter to Tang. Zhan never received a response from Tang. Zhan then filed t...

Excerpt: ... (“UPI”). (Complaint, ¶¶ 4 -5.) Cheng, a licensed accountant, provided accounting services to the brothers and to UPI. (Id. at ¶¶ 2 -3, 6, 9, 14 & 19.) In 1991, UPI established a Money Purchase Pension Plan (“Plan 1”) and a Profit Sharing Plan (“Plan 2”). (Complaint, ¶ 10.) S cott made contributions and payments to Plan 1 and Plan 2. (Id. at ¶ 12.) In addition, UPI was required to make annual contributions to Plan 1 for Scott. ...

Excerpt: ...s. (Complaint, ¶ 1.) O n March 5, 2015, Royal Coach and Miletak entered into an employment agreement in which Miletak agreed to participate in Royal Coach's Student Driver Trainee Program. (Id. at ¶ 5.) Under the program, Royal Coach would pay Student Driver Trainees to attend classroom instruction, enabling them then to apply for a commercial driver's license. (Ibid.) Upon completion of the program, Royal Coach had the option to hire trainees ...

Excerpt: ...opposes the motion. Because the court sees little to no utility in a four -month stay, and because Timothy does not demonstrate any valid basis for a stay, the court DENIES the motion. Timothy contends that this case was commenced improperly by his brother, Brian Bumb (“Brian”), in Bria n's capacity as manager of S.J. Bayshore, and that the First Street case will establish this fact by granting Timothy a declaratory judgment that Brian unlawf...

Excerpt: ... enumerated “issues,” which the court heard on July 18, 2023. The court granted the motion with respect to Issue No. 5, determining “that Galan Ramirez, like all of the drivers on the roadways in California, had a duty to operate his vehicle in a safe and reasonable manner .” (July 18, 2023 Order at p. 6:5 -7.) The court denied the motion with respect to all of the other issues, none of which disposed of a cause of action, affirmative def...

Excerpt: ...ting four causes of action against State Farm and/or non -insurance company defendants: (1) Breach of Contract (the insurance policy, alleged against State Farm only); (2) Breach of the Implied Covenant of Good Faith and Fair Dealing (insurance bad faith, alleged against S tate Farm only); (3) Negligence (against all defendants); and (4) Unfair Business Practices (against all defendants). While the specific insurance policy for the subject prope...

Excerpt: ...ril 10, 2023 email exchange demonstrates [that] the parties mutually consented to essential settlement terms— payment of $8,000 by Defendant in exchange for Plaintiff's dismissal . . . . These emails form an enforceable settlement contract under California law.” (Memo randum at p. 4:1 -4.) The court has reviewed these emails attached to the motion and finds that they are somewhat ambiguous as to whether the parties truly had a final enforce...

Excerpt: ...to hear Travelers' motion for summary judgment on this date (March 7, 2024), but Plaintiffs filed an ex parte application arguing that they needed additional discovery (and a motion to compel that discovery) before they could adequately respond to the summary judgment motion , under Code of Civil Procedure section 437c, subdivision (h). Without addressing the merits of Plaintiffs' discovery argument, the court granted the ex parte application, c...

Excerpt: ...nd Requests for Prod uction Nos. 1, 2, and 4. In addition, State Farm requests $2,060 in monetary sanctions against both Herrera and his defense counsel. For the reasons that follow, the court GRANTS the motion to compel; in addition, it GRANTS the request for monetary sancti ons against Herrera only, not his counsel. The responses given to the discovery so far consist entirely of objections. As such, they are insufficient on their face. The reas...

Excerpt: ...ES in part Bernasconi's demurrer. This case arises out of a recorded interview between Hogan, Bernasconi, and Catherine Somers (Bernasconi's “podcast partner”) on June 7, 2023. (Complaint, p. 3:4.)1 After the interview, Hogan indicated to Bernasconi and Somers tha t she wanted to listen to the recording and wanted to play it on her own podcast, but Bernasconi allegedly deleted it. (Id. at p. 4:7, 4:10 -11, 4:16 -17.) Hogan filed this case tw...