Excerpt: ...Services (“786”), and Irfan Pathan (“Pathan”) (collectively, “Cross- Defendants”) on December 22, 2022. On July 11, 2023, the court sustained in part and overruled in part Kurnss demurrer to the cross-complaint, with leave to amend. Mahameed and Omari then Þled a Þrst amended cross-complaint (“FACC”) on July 20, 2023. In the FACC, Mahameed and Omari allege ownership of the property at 2110 Maykirk Rd., San Jose, CA (the “Subj...

Excerpt: ... San Jose. 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 24 January 2024. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order On Valley Fabrication, Inc.'s Motion To Strike Portions Of Plaintiff's [First Amended] Complaint. l. Statement of Facts. Carlos Jimenez Cruz ("Decedent") sustained fatal injuries as a direct result o...

Excerpt: ...ompel Defendant to further respond to Sl set two, served by Plaintiff pursuant to Code of Civil Procedure ("CCP") section 2030.300. (Motion at 2.) Particularly, Plaintiff seeks further response to Sl nos. 103, 104, and 105. (Mohon at 2-3.) Sl no. 103 asks Defendant to "identify all internal memorandums sent or received by Defendant from January 1, 2008 to December 31, 2011 relating to nerve damage associated with the Miradry System". (Sl at '1 9....

Excerpt: ...hecking the box for a "Limited" civil case, and indicating that the amount demanded was "$10,000 or less." Marowitz represents himself in this action. Marowitz propounded 153 discovery requests on Lisi (115 form interrogatories, 13 special interrogatories, 14 requests for admissions, and 11 requests for production of documents), even though each side is entitled to propound a maximum of 35 discovery requests on an opposing party in a limited civi...

Excerpt: ...their motion for sanctions: CCP section CCP section 128.5 and california Rule of court (CRC) 2.30(b). CCP section 128 CCP section 128 states that "(a) Every court shall have the power to do all of the following: (5) To control in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every matter pertaining thereto." (ld.) While CCP secton 128 does...

Excerpt: ...Dornon Kuehn, The Carpet Butler, John Lee, James Young, and William C. Dresser. Hartman's verified complaint alleges the following causes of action: 1. Conspiracy to Harm Plaintiff and His Real and Personal Property and Injunctive Relief — Against All Defendants 2. Unfair Business Practices — Against Koshy P. George and KPGCPA Financial Services Inc. 3. Abate Public Nuisance and Private Nuisance and Criminal Nuisance (Penal Code 370 — illeg...

Excerpt: ...d Jocelyn Guerrero (collectively, "Plaintiffs") against defendants Equity Residential Management, LLC and Transunion Rental Screening Solutions, Inc. (collectively, "Defendants"). The original and still-operative complaint filed on March 22, 2023 alleges three causes of action: (1) Violations of the ICRAA (Civ. Code, S 1786); (2) Invasion of Privacy; and (3) Declaratory Relief. According to the complaint, Plaintiffs were all prospective tenants o...

Excerpt: ...intiff SB entered into a written agreement ("The Contract") with Northstar Truck Lines, Inc. ("Northstar")l pursuant to which the former agreed to provide "truck hauling" services to the latter. (SAC, 8-9, 23; Ex. 1.) In June 2018, while providing services to Northstar at a site in Mountain View, California, SB's truck damaged a building. (SAC, 10-11.) On September 21, 2018, Plaintiffs obtained a bid from a company named Chana Constructon to repa...

Excerpt: ...AC, 7.) GSC leased the Premises as the result of the assignment of a Food and Beverage Concession Agreement to GSC between City and Areas USA SJC, LLC ("Areas"). (Ibid.) With City's consent, Areas assigned its interest in the contract to GSC. (Ibid.) Pursuant to the assignment, GSC acquired Areas' rights as Concessionaire under a Concession Subcontract between Areas and MSJA. (FAC, 8.) Under this subcontract, MSJA subleased the Premises as the su...

Excerpt: ... process of building a modern, multifamily residential apartment complex and mixed-use project comprised of two 28-story towers and a below grade parking garage (the "Project"). (FAC, '1 2.) As a result of groundwater intrusion and flood events, SJSC was forced to halt and/or delay construction of the SJSC Towers Project and incur substantial groundwater flood related mitigation, remediation, and restoration/repair costs. (ld. at 3, 5, 42, & 51-5...

Excerpt: ...f action: (1) Failure to Provide Meal Periods; (2) Failure to Permit Rest Breaks; (3) Failure to Provide Accurate Itemized Wage Statements; (4) Failure to Pay All Wages Due upon Separation of Employment; (5) Violation of Business and Professions Code SS 17200, et seq. ("UCL"); (6) Failure to Reimburse Business Expenses; and (7) Enforcement of Labor Code S 2698 et seq. ("PAGA"). The parties reached a settlement. Plaintiff Tracee Sheppard ("Plainti...

Excerpt: ... The operative Second Amended Complaint ("SAC"), filed on January 27, 2022, sets forth the following causes of action: (1) Failure to Pay Minimum Wages; (2) Failure to Pay Overtime Wages; (3) Failure to Provide Meal Periods; (4) Failure to Permit Rest Breaks; (5) Failure to Provide Accurate Itemized Wage Statements; (6) Failure to Pay All Wages Due upon Separation of Employment; (7) Violation of Business and Professions Code SS 17200, et seq.; an...

Excerpt: ...ets forth causes of action for: (1) Failure to Pay All Wages; (2) Failure to Provide Meal Periods or Compensation in Lieu Thereof; (3) Failure to Permit Rest Periods or Provide Compensation in Lieu Thereof; (4) Knowing and Intentional Failure to Provide Accurate Itemized Wage Statements; (5) Waiting Time Penalties; (6) Failure to Reimburse Business Expenses; (7) Violations of Unfair Competition Law; and (8) Violation of the Private Attorneys Gene...

Excerpt: ...tornevs investigation and prosecution of police misconduct. On December 10, 2021, the City filed a Verified Complaint for Declaratory Relief ("Complaint") seeking a judicial determination as to the scope of the District Attorney's access to police officer records under Penal Code section 832.7, subdivision (a). (Complaint, "1 8, 41, & 44.) Specifically, the City asked for determinations as to whether it may disclose police officer personnel recor...

Excerpt: ...s claim to VTA nearly a year later, on September 6, 2023, which claim VTA rejected as untimely. Petitioner then filed this action on October 13, 2023. Because Petitioner failed to present his claim to VTA within the required six months from the date of injury, Petitioner now seeks relief from that requirement so that his case may proceed on the merits. II. Legal Standard and Analysis Before a suit for damages may be maintained against a public en...

Excerpt: ...61 North First Street, San Jose. 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 22 January 2024. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Orders on Defendants' Discovery Motions to Compel Plaintiff to Provide Responses; Case Management Conference. This achon involves a written lease agreement between plaintiff (who appa...

Excerpt: ... Plaintiff is a general electrician of Afghan origin and the Muslim faith. Plaintiff was hired in February of 2021 and was fired three months later in April of 2021, at the age of 44. Plaintiff was again dispatched by his union to work for Redwood Electric in October of 2021, but he was not hired. During his employment, Plaintiff's foreman, Mr. Little, inappropriately commented on Plaintiff's origin and/or religion on one occasion. Plaintiff repo...

Excerpt: ...McManis with other counsel. The original and still-operative complaint, filed on May 4, 2023, states three causes of action: (1) Conversion; (2) Fraud; and (3) Breach of Fiduciary Duty. Cooper filed an answer to the complaint on June 20, 2023. Now before the court is Cooper's motion to strike the complaint, filed on August 16, 2023, nearly two months after his answer. Plaintiff opposes the motion. 4 II. MOTION TO STRIKE THE COMPLAINT A. General L...

Excerpt: ...ant executed an agreement for purchase of real property located in Washington D.C. (the "Property"). (Complaint, '1 11.) Defendant sought to finance the purchase with a conventional residential loan and 403 agreed to apply and obtain a residential occupancy' permit for the ground unit. (Complaint, '1 13.) At the time of the agreement, the parties contemplated obtaining a residential permit and agreed on a settlement date 30 days from the executio...

Excerpt: ... plush 10% interest. Gorilla Circuits disputes that it ever agreed to pay a higher price for stencils and therefore that the money is owed. In the present motion, Gorilla Circuits seeks to compel Stencil Master's further responses to Request for Production Nos. 1-9. II. Legal Standard Discovery is generally permitted "regarding any matter, not privileged, that is relevant to the subject matter inwlved in the pending action or to the determination...

Excerpt: ...ed recorded on August 23, 2017, Madeleine Tashjian and Dutchints Development, LLC ("Dutchints") acquired title and interest to the Property. (Declaration of Brent Roles ["Roles Decl."l, 2, Ex. 1; UMF No. 1.) In December 2017, Madeleine and Dutchints entered a loan agreement with a group of private lenders that was secured by a deed of trust recorded against the Property ("First DOT"). (Roles Decl. '1 3, Ex. 2; UMF No. 2.) In December 2017, Madele...

Excerpt: ...th describes his proposed amendments as follows: (1) addition of Doe Defendant 1 Gilberto Garcia, who is being added since defendant ("Maria Garcia") signed an Interspousal Grant Deed transferring her entire interest in her property to this individual ("Gilberto Garcia"), (2) An addition of a cause of action, expanding to clarify existing cause of actions, based on facts that have already been pleaded (3) Additions to Plaintiffs prayer based on t...

Excerpt: ...saw GM's window sticker that contained important information about the subject vehicle and spoke with the salespeople at Courtesy Chevrolet who told her about the vehicle's key features, components and reliability but failed to inform Plaintiff about the Cooling System Defect. (See FAC, 8.) However, GM knew since 2010 that the 2011 and newer Chevrolet Cruze vehicles contained design and/or manufacturing defects in their engine cooling system that...

Excerpt: ...ed by GM. (FAC, 6.) In connection with the purchase, Plaintiff entered a warranty contract with GM. (FAC, '1 7.) During the express warranty period, defects, and nonconformities, such as transmission, suspension, electrical defects, manifested. (FAC, '1 11.) Plaintiff specifically alleges defects with the 8-speed transmission ("Transmission Defect"). (FAC, '160.) Plaintiff alleges GM and its representatives were unable to service or repair the Ve...

Excerpt: ..."SCSC") located in Santa Clara County, upon recruitment by her swim coach, Mitch Ivey ("Ivey") in 1976. (ld., 4, 16-17.) Plaintiff was 16 years old when she first joined SCSC. (ld., 11.) While Ivey coached at SCSC, he "quickly gained a reputation for making inappropriate advances towards his young, female swimmers." (ld., 11.) Plaintiff further alleges that beginning in 1976 both SCSC and the City knew or had reason to know "that Ivey was engagin...