Excerpt: ... to compel responses to interrogatories and document requests on Defendants. For the reasons that follow, the court GRANTS in part and DENIES in part Lippincott's motion for sanctions. The court also GRANTS Lippincott's motions to compel. 1. Motion for Sanctions a. Background This is an action for fraud, breach of contract, wrongful termination, various Labor Code violations, and numerous other causes of achon (21 in total) in which Lippincott al...

Excerpt: ...6.) In 2019 or 2020, a representative from Human Bees, Nick Clark, contacted Jabil to offer its services as an agency with additional staffng capabilities. (ld. at '1 9.) Clark "promised that Human Bees would able to provide more workers to Jabil faster than any other agency because it actively recruited in the local communities and churches." (ld. at '1 12.) At an in-person meeting, Clark assured Jabil that "it would be solely the responsibility...

Excerpt: ...omplaint ("FAC"), filed June 23, 2023, names Kang as the sole defendant. Based on irregularities in the pleadings and the lack of an actual dismissal on file, it is somewhat unclear to the court whether O'Connor Hospital and Santa Clara County Medical Center are still parties to this case. Plaintiffs are representing themselves in this case. II. ALLEGATIONS IN THE FIRST AMENDED COMPLAINT The FAC alleges that Kang was Phil's primary care physician...

Excerpt: ...ely referred to herein as "GM." The original and still-operative complaint, filed on May 18, 2023, states two causes of action: (1) Breach of Contract (based on an "Amended and Restated Enterprise Software Licensing Agreement" entered into on September 28, 2015, as well as an associated order form and purchase order); and (2) Declaratory Judgment (seeking an interpretation of certain portions of the 2015 License Agreement). The complaint alleges ...

Excerpt: ...each of the Covenant of Good Faith and Fair Dealing (against all defendants); (3) Prom-ssory Estoppel (against all defendants); (4) Unjust Enrichment (against all defendants); (5) Nonpayment of Wages (Labor Code, S 201(a)), (alleged against the three corporate entities); (6) Unfair Competition (against all defendants); (7) Fraudulent Inducement (against all defendants); (8) Intentional Misrepresentation (against all defendants); (9) Negligent Mis...

Excerpt: .... The answer generally denied the allegations and listed 28 affirmative defenses. On January 26, 2023, more than a year and a half later, the court heard and granted a motion to be relieved as counsel by Arevo's attorney. A formal order on the motion issued on March 24, 2023. Currently before the court is Festo's motion to strike Arevo's answer. There is no opposition on file. II. REQUEST FOR JUDICIAL NOTICE "Judicial notice may not be taken of a...

Excerpt: ...in Bates, and Brynn Ota-Matthews and stated causes of action for: (1) negligence and (2) premises liability against defendants Gilroy Garlic Festival Association, Inc. ("GGFA") and First Alarm Security & Patrol, Inc. ("First Alarm"). Plaintiffs filed a First Amended Complaint on February 27, 2020, with additional plaintiffs— Gabriella Gaus, Harry de la Vega, Barbara V. Aguirre, Alberto Romero, Barbara J. Aguirre, Lesley Sanchez (by and through ...

Excerpt: ...sion is unconscionable and DENIES the moton. The party challenging a contractual arbitration provision bears the burden of proving that it is both procedurally and substantively unconscionable. (OTO, LL.C. v. Kho (2019) 8 Cal.5th 111, 126.) This may be done on a sliding scale, where the more substantively oppressive the contract term, the less evidence of procedural unconscionability is required, and vice versa. (ld. at pp. 125-126.) In this case...

Excerpt: ...or declaratory relief; but the court also granted the motion in small part (with leave to amend), determining that the seventh affirmative defense was "merely conclusory and contains no supporting facts." (Order at pp. 5:24-26 & 6:16-18.)1 Mummah now brings this motion for sanctions under Code of Civil Procedure section 128.5, arguing that Li's JOP moton was "frivolous," "solely intended to cause unnecessary delay," and brought in "bad faith," bu...

Excerpt: ...ovember 16, 2023 (i.e., in one week). While Jane Doe is presently just under 14 years old, Jane Doe 2 is nine months older and is already 14. Defendant Union School District (the "District") does not oppose Jane Doe's request, recognizing "the mandatory nature of secton 36, subd. (b)." (Opposition at p. 1:24-26.) But the District also argues that the "interest of justice" requires that Jane Doe's case be severed from Jane Doe 2's case and the two...

Excerpt: ...e original complaint, the first amended complaint ("FAC"), and second amended complaint ("SAC"), which were sustained or granted in part. Latessa filed her operative third amended complaint ("TAC") on May 24, 2023. Defendants filed the present demurrer and motion to strike on June 27, 2023. Defendants demur to the first, second, third, sixth, seventh, and eighth causes of action for failure to state facts sufficient to constitute any claim. (Code...

Excerpt: ...e original complaint on July 14, 2022. John 1 and John Doe 2 filed a First Amended Complaint ("FAC"), adding allegations regarding the latter, on August 31, 2022. Plaintiffs filed the operative Second Amended Complaint ("SAC"), adding allegations regarding John Doe 3, on February 10, 2023. All three Plaintiffs allege that they were sexually abused at different times by defendant Ronald Gardner ("Gardner"), while he was employed by the District. T...

Excerpt: ...oes it contest the factual basis for the amounts sought by defendants (counsel's billing records). Nevertheless, 18T opposes the motion on three grounds, discussed below. 1. The Court's "Schedule of Reasonable Attorney Fees" First, IBT argues that the court has published a "Schedule of Reasonable Attorney Fees" on its website and that defendants' request "is 80 times higher than allowed" by this schedule. The court rejects this argument out of ha...

Excerpt: ...art the request for sanctions. 1. Documents Relating to the "Kennedy Investigation" (Requests for Production Nos. 27 & 29) The parties' primary substantive dispute centers on an investigation by the District into allegations of sexual assault committed by defendant Bryan Rios, which Flowers-Haywood refers to as the "December 2017 Kennedy Investigation." According to the District, it retained "outside counsel" to conduct this investigation after a...

Excerpt: ... necessary discovery, KGB has not shown that a terminating sanction is the appropriate remedy here, given its failure to seek less severe sanctions or show why less severe sanctions would be inadequate. 1. Recent Procedural History KGB filed its original motion to compel against the Schimmels on February 7, 2023. One week later, on February 14, 2023, the Schimmels' attorney filed a motion to be relieved as counsel. The motion to compel was heard ...

Excerpt: ...osition: Taylor has proposed recording the testimony by audio only, rather than stenographically; in addition, he has proposed having the oath administered at a UPS Store in Sunnyvale (where there is a notary public) and then conducting the examination in the lobby of City Hall in Palo Alto. Like the City, defendant Su has also objected to the proposed manner and location of the deposition. The court agrees with the City and Su that the depositio...

Excerpt: ...ly, "Plaintiffs") have filed causes of action alleging negligence and premises liability, among other claims, against defendants Gilroy Garlic Festival Association ("GGFA"), First Alarm Security & Patrol, lnc„ the City of Gilroy (the "City"), and Century Arms, Inc. ("Century Arms"). On July 23, 2021, Plaintiffs filed the operative pleading, the fifth amended complaint ("5AC"), which alleges the following causes of action: 1. Negligence - agains...

Excerpt: ...Jerry Ivy Sr. and Deborah Ivy, Plaintiff's parents, reside in Santa Clara County. Defendant Edward lw, Plaintiff's brother, resides in Contra Costa County. Plaintiff's original Complaint was filed on November 17, 2020. Defendants initially brought a demurrer against this complaint, but this was rendered mint when the operative First Amended Complaint ("FAC") was filed on May 18, 2021. The FAC originally stated 13 causes of action against all Defe...

Excerpt: ...led to prov-de timely notice of Chau's claim under the insurance policy. Formation8 and Arch have now filed dispositive motions against each other. For the reasons that follow, the court GRANTS in part and DENIES in part Formation8's motion for summary adjudication, DENIES Arch's moton for summary judgment, and GRANTS in part and DENIES in part Arch's motion for summary adjudication. l. BACKGROUND A. The Policies Formation8 was the named insured ...

Excerpt: ...for legal services between Ari Law and that client. (Complaint, 10.) Defendants' defamatory statements included statements about the quality of Ari Law's legal work and billing practices, which allegedly caused the former client not to pay Ari Law for services rendered. (ld. at '1 11.) On June 13, 2023, Affeld and David W. Affeld, APC filed a special moton to strike the complaint under Code of Civil Procedure section 425.16, also known as an "ant...

Excerpt: ...irst. 1. Requests for Admissions / Form Interrogatory No. 17.1 C.N.'s requests for admissions focus on whether Stewart was a mandated reporter from 2CM to 2004 (Nos. 1-4) and whether Stewart contacted law enforcement or child protective services regarding "John Zoe," C.N.'s abuser (No. 5). This information is discoverable and is not shielded from disclosure by the Fifth Amendment privilege against self-incrimination, as the court finds that there...

Excerpt: ...ues that the inclusion of AAA renders the arbitration provision unconscionable, because AAA does not guarantee him the right to conduct discovery. The court finds Robertson's position to devoid of merit and GRANTS the motion to compel. The party challenging a contractual arbitration provision bears the burden of proving that it is both procedurally and substantively unconscionable. (OTO, LL.C. v. Kho (2019) 8 Cal.5th 111, 126.) This may be done o...

Excerpt: ...nd a Virginia corporation) by DLSE to enforce judgments for unpaid wages obta-ned by former CMS employees. This case was consolidated with Case No. 20CV269589, a lawsuit originally filed in Placer County and later transferred to this county, on July 7, 2020. The original complaint in this action was filed on June 13, 2019. A First Amended Complaint ("FAC") was filed on December 6, 2019. A Second Amended Complaint ("SAC") was filed on July 7, 2020...

Excerpt: ...parent amount of $58,237.41. Attached to the complaint as Exhibit A is a copy of a December 14, 2020 offer of employment letter from LoanDepot to Chen, signed by Chen (only). Paragraph 8 of the letter states: Agreements and Policies. This offer is contingent upon all agreements being acknowledged and agreed upon via the companvs HRIS tool, Workday, prior to your first day of employment. Agreements could include: Arbitration Agreement, Employee Co...

Excerpt: ... the Managing Director of Investments at the David and Lucile Packard Foundation, and Robert F. Wallace, who is the Chief Executive Officer of the Stanford Management Company. Wallace and the Board of Trustees of the Leland Stanford Junior University have filed a joinder in Defendants' motion to quash the subpoena to Wallace. Because the court finds that plaintiff John l. Malik has failed to show either: (1) that the requested discovery is releva...