Excerpt: ...al documents relating to the Loan (collectively, the "Loan Documents"): 1. Promissory Note, dated October 5, 2018; 2. Business Loan Agreement, dated October 5, 2018; 3. Deed of Trust, dated October 5, 2018 and recorded in Contra Costa County on October 18, 2018; 4. Assignment of Rents, dated October 5, 2018 and recorded in Contra Costa County on October 18, 2018; and 5. Payment Deferral Agreement, dated April 28, 2020, subsequently amended by Ame...

Excerpt: ...motion. As instructed by the court, the parties had an informal discovery conference with Judge Carol Overton and were able to narrow their disputes, but many disputes remain. The court now GRANTS in part and DENIES in part the motion to compel, as follows: Form Interrogatories (General) Nos. 12.1 & 12.2 and Form Interrogatories (Employment) Nos. 215.1 & 215.2: The court does not understand the relevance of Ms. Viera's investigation and report to...

Excerpt: ...lowing causes of action: 1. VIOLATION OF LABOR CODE SECTION 1102.5 2. WRONGFUL TERMINATION IN VIOLATION OF PUBLIC POLICY The FAC alleges that Google employed Chatterjee as a senior engineering manager from 2018 to May 2022. (FAC, "1 10, 136.) As part of his duties, Chatterjee was responsible for evaluating the potential commercial use of a Google research project that developed design methtxls for the physical layout of computer chips ("Project M...

Excerpt: ...the Contract Documents which in any way involve Subcontractor, shall be resolved by arbitration or litigation at the sole discretion of the Contractor, and any award or judgment entered theron shall be final and binding upon Subcontractor. The venue for any legal proceeding shall be held in the county and state where the project is located. Arbitration will be in accordance with the Constructon Industry Rules of the American Arbitration Associati...

Excerpt: ...EVIDENTIARY OBJECTIONS The court declines to issue a ruling on Galan Ramirez's evidentary objections because they are not material to the outcome of the summary adjudication motion. "In granting or denying a moton for summary judgment or summary adjudication, the court need rule only on those objections to evidence that it deems material to its disposition of the motion. Objections to evidence that are not ruled on for purposes of the motion shal...

Excerpt: ...the original complaint in this action on January 4, 2019. According to the allegations of the operative first amended complaint ("FAC"), Plaintiffs operate pain management clinics. (FAC, 9, 19, 20.) They were in-network providers with Cigna for many years, until 2014. (ld. at '1 2.) After they left the Cigna network, Cigna allegedly required excessive medical records and documentation for each bill prior to payment. (ld. at 3.) According to Plain...

Excerpt: ...1. Relevant Background The parties had an arbitration in 2020 and 2021. The evidentiary hearing took place over the course of several days in June 2021, now more than two years ago. On November 10, 2021, the three-arbitrator panel from JAMS served its final award on the parties, awarding $83 million to Petitioners. On February 17, 2022, respondents Jeffrey Scharf and Sherril Smith-Scharf ("Respondents") filed a #tition in this court to correct th...

Excerpt: ...than recount the long history of litigation, which has already been recounted multiple times in this case, the court simply refers to, and incorporates by reference, the court's prior orders of January 7, 2020 (issued by Judge Pierce), March 6, 2020 (judgment entered by Judge Pierce), September 24, 2020 (signed by Judge Barrett), and November 8, 2022 (signed by Judge Kirwan). Defendant Nordstrom, Inc. ("Nordstrom") requests that the court take ju...

Excerpt: ...e opposes the motion, arguing that Hix and Fahn have shown an insuffic:ient basis for quashing the subpoena; alternatively, if Fahn is excused from testifying at trial, RealPage asks that her declaration and deposition testimony be excluded, as well. This is an unusual situation, because unlike most witnesses who seek to be excused from testifying for medical reasons, Fahn has already testified for 12 hours over the course of three days of deposi...

Excerpt: ...f the FEHA (employment discrimination); (2) Failure to Pay Wages Due and Owing (violation of Labor Code SS et seq.); (3) Breach of Contract; (4) Breach of the Implied Covenant of Good Faith and Fair Dealing; and (5) Unfair Competition. The FAC alleges that Stroud began working for Intermedia in December 2014 and that she resigned in January 2019. Previously, Intermedia brought a demurrer to the FAC's second, third, fourth, and fifth causes of act...

Excerpt: ...signed multiple houses in different styles and provided photos of these designs to Li — representations confirmed by Zoran's wife, Elizabeth, in November 2021. (Complaint, '1 6.) Defendants represented that they had years of ex#rience in designing houses and working with the City of Palo Alto's zoning authorities to obtain new constructon and remodeling permits. (Ibid.) Defendants also represented that they carefully, honestly, billed their cli...

Excerpt: ...s ("786") and Irfan Pathan ("Pathan") (collectively, "cross-defendants") on December 22, 2022. In their cross- complaint, Mahameed and Omari allege ownership of the property at 2110 Maykirk Rd., San Jose, CA (the "Subject Property"). (Cross-Compl., 12.) In January 2022, they hired Pathan and 786 Construction Consulting Services to work on the kitchen and bathroom remodel with "a total price of $271,723.00." (ld. at '1 15.) Mahameed and Omari did ...

Excerpt: ...rs, LLC ("SJHD") opposes, arguing that Butler does not have a substantial interest in the case because she is merely the successor in interest of the decedent, Hanan Butler (her son). SJHD also points out that Butler does not have any personal knowledge of the motorcycle incident that is the focus of this lawsuit. Finally, SJHD contends that Butler's motion lacks a sufficient evidentiary foundation to establish her age and her health condition, a...

Excerpt: ...and the meet-andconfer correspondence. As a general matter, the court agrees with ChargePoint that most of Larrenaga's document requests are exceedingly overbroad, encompassing large quantifies of information that are neither relevant nor reasonably calculated to lead to the discovery of admissible evidence, but that also undoubtedly impose a significant burden upon ChargePoint to collect and produce. At the same time, the court also agrees with ...

Excerpt: ...tiff and (2) a showing by the plaintiff of a reasonable probability of prevailing on the merits. (Hunt v. Superior Court (1999) 21 Cal.4th 984, 999-1000.) The plaintiff has the burden of showing plaintiff would be harmed if the preliminary injunction were not granted. (Casmalia Resources, Ltd. v. County of Santa Barbara (1987) 195 Cal.App.3d 827, 838.) Plaintiff has made a sufficient showing that the balancing of hardships weigh in favor of plain...

Excerpt: ...tiff and (2) a showing by the plaintiff of a reasonable probability of prevailing on the merits. (Hunt v. Superior Court (1999) 21 Cal.4th 984, 999-1000.) The plaintiff has the burden of showing plaintiff would be harmed if the preliminary injunction were not granted. (Casmalia Resources, Ltd. v. County of Santa Barbara (1987) 195 Cal.App.3d 827, 838.) Plaintiff has made a sufficient showing that the balancing of hardships weigh in favor of plain...

Excerpt: ...acts of violence at the Gilroy Garlic Festival prior to 2019; (3) specific acts of violence that led to a policy banning gang colors, weapons, and other items from the Gilroy Garlic Festival prior to 2019; (4) erection, maintenance, and monitoring of the perimeter fence at the festival, including discovery of breaches of the fence; and (5) coordination and communication between the defendants regarding security measures at the festival. The court...

Excerpt: ... 18T contends that a dispute has arisen between it and the successor landlord defendants over the interpretation of several portions of the lease relating to expenses and maintenance of the premises ("Lease"). 18T filed the original complaint on September 22, 2020, stating claims against Fortune Companies Management Corp., Fortune Realty, LLC, and Mosaic Equities, LLC ("Defendants"). Following a demurrer and motion to strike, IBT filed the operat...

Excerpt: ... same issues. The court also GRANTS the motion for trial preference. l. SITE INSPECTION MOTIONS The site in question is the patent loading and unloading area of the Stanford Neuroscience Health Center, where defendant Bang Ngo ran over plaintiff Sharif Razzaqui's leg with a truck, as well as the nearby parking lot and building lobby. The court has reviewed the short videos submitted by plaintiffs showing the scene of the accident as well as the a...

Excerpt: ...e to amend. Plaintiffs now bring a motion to lift the stay, as well as a renewed motion for leave to amend. For the reasons that follow, including the fact that the proposed amendment is highly likely to interfere directly with the pending arbitration, the court DENIES each motion. Plaintiffs propose to add 11 named defendants: Juventas, Inc. (a company apparently owned by defendant Tien Trinh); Synergy Infoconnect, LLC (a company apparently owne...

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: ...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: ...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; (...