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Excerpt: ...aint (“FAC”), ¶ 6.) In the summer of 2020, Long and Cordano invited Plaintiffs to participate as investors in Prime Impact. (FAC, ¶ 8.) On or around September 1, 2020, the parties entered into an agreement (“the Agreement”) whereby Plaintiffs became Investment Members of Prime Impact and McLea n became a manager of Prime Impact and sat on its Board of Directors. (Id. at ¶ 9.) The Agreement contains no provisions by which an Investment ...

Excerpt: ...o sign certain vendor cr edit applications that, unbeknownst to Plaintiff, included personal guaranties against both Plaintiff and the CEO. (See TAC, ¶ 11.) On June 30, 2016, defendant Ron Jankov (“Jankov”) had Plaintiff sign an indemnification agreement concerning the personal guarantees on the credit application Plaintiff signed. (See TAC, ¶ 12.) Platinum also obtained insurance policies from Berkeley Select and expressly represented tha...

Excerpt: ...posing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 01 May 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Order On Defendant City Of Sacramento's De murrer To Plaintiff's Third Amended Complaint. I. Statement of Facts. Plaintiff David Martin (“Martin”), a self -represented litigant1, filed his original complaint in this action o...

Excerpt: ... Petition (“SAC”), p. 3 .)1 Father was a patient of Regional Medical Center (“RMC”) in San Jose from March 13, 2019 to March 21, 2019. (Id. at p. 4.) RMC diagnosed Father with “basic influenza”; he was subsequently transferred to Defendants' rehabilitation facility; and then D efendants failed to investigate his past medical history and “overmedicated” him, which compromised his health. (Id. at pp. 4 -5.) Defendants further negle...

Excerpt: ...rage duration for a SongBeverly case, though it is not unprecedented. The history of this case includes multiple discovery motions, multiple continuances of the trial date, and a summary adjudication motion filed by FCA as to one of the causes of action. The terms of the pa rties' settlement includes an award of attorney's fees, costs, and expenses to Plaintiffs as the prevailing party, but the parties are far apart in their views regarding the ...

Excerpt: ...and Melvin agreed to pay for these services and expenses on or before the 20th of each month. (See Complaint, First Cause of Action, ¶ BC -1, Exhibit A.) Melvin and his father, Clarke Cooper (“Clarke”) (collectively, “Defendants”), signed a promissory note in which they agre ed to pay principal and interest of 10 percent per annum in monthly installments of $5,000 on the 21st of each month, beginning on May 21, 2016. (Complaint, Third Ca...

Excerpt: ...egligence and Premises Liability. The Premises Liability attachment checks boxes for negligence and failure to warn but does not check the box for dangerous condition of public property, which is the only basis for a premises liability claim against a public entity. Th e complaint admits in paragraph five that the City is a public entity. The narrative allegations on the General Negligence attachment state: On July 28, 2020 at around 7:15 pm, Pl...

Excerpt: ...party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 06 May 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Order On Defendants And Cross - Comp lainants Neil Jesani And Beamalife Corporation's Motion For Summary Judgment, Or Alternatively, Summary Adjudication. I. Statement of Facts. Complaint In the operative complaint, plain...

Excerpt: ... Plaintiff said d uring an all-day meeting on July 18, 2018. Plaintiff makes no attempt to limit the subject of the matter of the statements to anything relevant, which it could have done. As such the request is DENIED. SI 16 and SI 17 In paragraph 22 of its cross -complain t, Defendant states that it “negotiated for a contractual mechanism to minimize its losses, to terminate and simply get out of the PPAS on mutually agreed and clear terms.�...

Excerpt: ...st supplement its response with a straightforward answer to this contention interrogatory. GRANTED. Special Interrogatory No. 2: Because the answer to this interrogatory relies entirely on the evasive and insufficient answer to Interrogatory No. 1, GM must supplement its response to this interrogatory with a straightforward answer. GRANTED. Special Interrogatory No. 3: Because the answer to this interrogatory relies entirely on the evasive and in...

Excerpt: ...became ind ebted to LinkedIn in the amount of $227,655.61. (Complaint, ¶ 11.) Plaintiff is a California collection agency seeking to collect that debt. (Complaint, ¶¶ 5, 22.) On October 18, 2023, Plaintiff thus initiated this action alleging open book account and account stated and reasonable value. On March 12, 2024, Defendant moved to quash service of summons for lack of personal jurisdiction. Greg Casale, Defendant's Chief Executive Officer...

Excerpt: ...On January 31, 2023, Plaintiff sued Defendant for negligence. On April 13, 2023, Defendant presented a claim against the Courty of Santa Clara (“County”) for personal injuries that he sustained in the bicycle accident with Plaintiff. Defendant specified that the County was li able pursuant to Govt. Code § 835 (dangerous condition) and it indicated that that Plaintiff, an employee of the DOT, was involved in the injury to Defendant. See Ex. ...

Excerpt: ...dling t o make an offer to purchase a $1.3 million dollar property (the “Property”) for Love. (Ibid.) Love instructed Wandling not to inform LeRoy about the purchase, which would have required that Wandling deplete his entire life savings, apply his only source of income —social security payments — to purchase the Property, and assume mortgage payments in excess of $8,000 per month. (Ibid.) Plaintiff further alleges she prevented Love's a...

Excerpt: ...he common areas. A ccording to the allegations of the verified complaint, Plaintiffs are the record owners and residents of the condominium unit located at 175 W. Saint James St., Unit 105, San Jose, California (“Property”). (Complaint, ¶ 1.) The Property is part of a common interest development (“CID”) managed by the Association in accordance with its Governing Documents. (Complaint, ¶¶ 2 -3.) Defendant Christopher Gunnucio is the Pr...

Excerpt: ...ty op posing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 3 May 2024. Please specify the issue to be contested when calling the Court and Counsel. Order On Defendant S1 51, LLC's Motion To Strike I . Statement of Facts This is a landlord -tenant matter. Plaintiffs Linda Thy and her minor child (collectively, “Plaintiffs”) lived in a rental property located at 500 Race Street, San...

Excerpt: ...s entered into a written lease agreement for a commercial space located in Angeles City, Philippines and owned by Defendant (“Property”). (Complaint ¶ 1) Both parties are residents in the State of California and the lease agreement was signed in California. The lea se agreement contains a choice -of -law provision stating “[t]his agreement is to be governed under the laws located in the State or Country where the premises is located.” (C...

Excerpt: ...ase agreement with CFEP (“Agreeme nt,”) and Edward Fields, a managing member of Westfield (“Fields” or “Defendant,”) executed a written Guaranty of Lease (the “Guaranty”) (Complaint, ¶¶ 11 -13.) As part of Plaintiff's acquisition, CFEP assigned its “rights, title, and interest,” in both the Agreement and Guaranty, to Plaintiff. (Complaint, ¶ 14.) After Plaintiff became the landlord of the Subject Building, Westfield and F...

Excerpt: ...'s activiti es relative to particular property. In this lawsuit, Plaintiff seeks a declaration that he is entitled to these distributions and preliminary relief preventing transfer of the property. Plaintiff recorded a lis pendens on the property, which defendant seek s to have expunged. The parties hotly dispute virtually every aspect of Plaintiff's allegations, including how Plaintiff came to be involved in the project, whether Plaintiff is eve...

Excerpt: ...on. A s a preliminary matter, Google filed a motion to seal some of its papers file in opposition to Plaintiffs' motion to compel. The parties represent that they are meeting and conferring regarding issues related to Google's motion to seal. The parties have stipulated, and the court has ordered that Google shall file its motion to seal Plaintiff's moving papers by June 13, 2024 and Plaintiff may oppose Google's motion to seal its opposition ...

Excerpt: ... Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 01 May 2024. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo--- Orders On Discovery Motions of Defendants. Orders On Discovery Motions of Defendants. 02 May 2024 Page 1 of 6 I. Statement of Facts. Plaintiff filed this complaint on 22 of August 2022.4 The complaint alleges causes ...