Excerpt: ...er the name “ Findora.” In Case No. 20CV372622 (“Abittan”), Temujin alleges that Defendants and CrossComplainants Ariel Abittan, Benjamin Fisch, and Charles Lu conspired to: (a) assert a false claim of ownership of its business; (b) misappropriate its trade secrets; (c) usurp and interfere with control over its assets, such as social media accounts; and (d) interfere with its relationships with investors and business partners. Mr. Abittan...

Excerpt: ...merger of Plaintiff with Tal amantez' Castling Kids Chess, and then the hiring of Talamantez as Plaintiff's Director of Enrichment. (See TAC, ¶¶ 28, 3738.) On May 14, 2018, Talamantez executed a nondisclosure agreement with Plaintiff, in which he agreed not to disclose Plaintiff's c onfidential information or solicit its customers and to return all property in his possession at the time of termination with Plaintiff. (See TAC, ¶ 49, exh. D.) ...

Excerpt: ...on November 12, 2019 by plaintiffs Wendy Towner, Francisco Aguilera, Nick McFarland, Justin Bates, and Brynn OtaMatthews (collectively, the “Towner plaintiffs”). The Towner plaintiffs eventually filed a Fifth Amended Complaint (“5AC”) on July 23, 2021, stating several c auses of action against defendants Gilroy Garlic Festival Association, Inc. (“GGFA”), First Alarm Security & Patrol, Inc. (“First Alarm”), the City of Gilroy (“...

Excerpt: ...4.) Doe 6 was a teacher empl oyed by Doe 1 who abused his position of power to groom young students, including Plaintiff. (Id. at ¶ 15.) After Doe 6 gained Plaintiff's trust, his sexual advances against Plaintiff became more aggressive. (Compl., ¶ 16.) Doe 1's employees knew, or shou ld have known, that Doe 6 was sexually grooming and sexually abusing Plaintiff. (Id. at ¶¶ 18, 26.) Doe 6 targeted Plaintiff because of his gender. (Id. at ¶ 20...

Excerpt: ...choscopy. (SA C ¶ 2.) While Dr. Nathan was under anesthesia, the anesthesiologist left him for crucial minutes, during which time the internist made a mistake, and Dr. Nathan suffered a stroke. (SAC ¶ 22.) Failing to detect the stroke, Stanford staff wrongly concluded t hat Dr. Nathan had suffered a heart attack and did not conduct a physical or neurological examination until 48 hours after the procedure. Dr. Nathan was released on March 16, 20...

Excerpt: ...2. (See complaint, ¶ 7.) Construction of the project was to be substantially completed by July 7, 2022. (See complaint, ¶ 8.) Plaintiffs contend that Premiere improperly over -excavated and demolished the base rock of an approved location of a 10,000 -gallon water tank with its foundation without notifying Plaintiffs, and the project ultimately was severely delayed and incomplete. (See complaint, ¶ 9.) Premiere stopped work and left the projec...

Excerpt: ...ccording to the c omplaint, Xu has refused to contribute to the loan since January 2023, and Jiang has had to pay Xu's share of the loan. (Ibid.) In addition, despite verbal promises, Xu has refused to repay Jiang one -half of the advance payment and transaction fees. (Id . at ¶ 11.) Jiang incurred other expenses related to the Bowen Property, including property tax, insurance premiums, replacement of airconditioning system, gardener fees, repai...

Excerpt: ... and Housing Act (“FEHA”). (FAC, ¶ 9.) Plaintiff worked for the County's Probation Department at James Ranch. (FAC, ¶ 10.) In March 2020, he requested accommodations to work from home or to be transferred to a position that would allow him to work from home as an accommodation for his disability and being in the high -risk category for COVID -19. (FAC, ¶ 12.) Plaintiff alleges Defendants initially offered to compensate him with paid admini...

Excerpt: ...nts.”) I. Background A. Fac tual On July 14, 2021, Plaintiff was lawfully driving his car eastbound on El Camino Real in Mountain View, California (“Subject Location”) when Defendant Ossie B. Holt (“Holt” or “Defendant”), while operating a vehicle, caused an automobile collision. (F AC, ¶¶ 10, 15.) Prior to the collision, Defendant Holt, while driving at high speed behind Plaintiff, failed to stop and “violently” rear -ended P...

Excerpt: ...ti ff purchased a laser hair removal therapy treatment course at Medspa, consisting of six “bikini Brazilian” treatments and six “upper leg” treatments. (FAC at ¶ 6.) On April 12, 2022, Plaintiff attended her fourth treatment of laser hair removal therapy w here Nurse Mottahed was available to treat her. (Id. at ¶ 7.) Plaintiff was burned during her laser treatment and left her appointment early. (Id. at ¶¶ 10 -16.) The employees at t...

Excerpt: ... Pacific Coast Med ical Clinic (collectively, “Plaintiffs”), based on alleged spoliation of evidence, (2) a motion to compel compliance with Cigna's third set of requests for production of documents (Nos. 33, 35- 37, and 39), and (3) a motion to seal certain exhibits submitte d with the motion to compel compliance. Plaintiffs oppose the first two motions but do not oppose the third. This case was originally set for trial more than 10 months...

Excerpt: ...rtment between A ugust 25, 1997, and July 7, 2015. (Separate Statement of Undisputed Material Facts in Support of Plaintiff's Motion for Summary Adjudication (“SSUMF”), ¶1.) She was promoted to senior accountant on June 30, 2014, and remained in that position until her retirement. (Id., ¶2.) As both an accountant and senior accountant, Defendant's responsibilities included maintaining Cupertino's general ledger accounts and performing bank ...

Excerpt: ..., previ ously doing business as Lifestyle Hospitality Inc., provides case goods, seating, millwork, various types of furniture and related items and services to the hospitality industry. (Complaint, ¶¶2, 3, and 11.) Defendant ECD -Great Street DE, LLC dba theWit Ch icago (“Defendant”) has a principal place of business at 250 Parkway Drive, Suite 120, in Lincolnshire, Illinois. (Complaint, ¶4.) Defendant owns and/or operates one or more hot...

Excerpt: ...ant is served by e mail and the Plaintiff asserts that Defendant has agreed to such service. The proof of service form specifically required Plaintiff to provide the authorizing code section for its method of service and unsurprisingly, Plaintiff offered none. Moreover, the Court Clerk indicated that service was not proper when it rejected the request for entry of default on March 2, 2022, noting that service was not proper. Plaintiff claims it ...

Excerpt: ...mstances, a defend ant must bring a motion to vacate and set aside default within six months of the date the default was entered. Code of Civil Proc. § 473(b) provides, in pertinent part, that: (b) The court may, upon any terms as may be just, relieve a party or his or her l egal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect....

Excerpt: ...dariz v. Foundation Health Psychcare Services (2000) 24 Cal.4th 83 (Armendariz). Perera alleges that FINRA has not complied with the holding in Armendariz that an employment arbitration must involve a neutral arbitrator and must not require the employee to pay any type of expense that he or she would not have to pay if the dispute had been brought in court rather than in arbitration. Perera alleges that FINRA has charged him thousands of dollars ...

Excerpt: ...2023. It states four causes of action: (1) Nonpayment of Wages (against Flawless); (2) Breach of Contract (against Flawless and Flawless S.A.R.L.); (3) Violation of Business and Professions Code Section 17200 et seq. (against Flawless); and (4) Defamation (against Flawless an d Loughan). There are no exhibits attached to the complaint. Flawless filed an answer to the complaint on October 30, 2023. Currently before the court is a special motion t...

Excerpt: ...ard by Marriott hotel in Sunnyvale, California which was owned and operated by defendants. (FAC at ¶ 4.) Plaintiff was attending a business function in the area at the time of the events alleged in the FAC. (Ibid.) Around this time, defendants summoned officers of the Sunny vale Police Department and had Plaintiff arrested without a warrant and detained for the crime of felony vandalism. (FAC at ¶ 5.) Plaintiff was then transported to the Santa...

Excerpt: ...s discusse d below, the Court GRANTS the motion. I. MOTION TO SEAL A. Legal Standard “The court may order that a record be filed under seal only if it expressly finds facts that establish: (1) There exists an overriding interest that overcomes the right of public acc ess to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is ...

Excerpt: ...nt. On February 15, 2024, defendant Sossaman, specially appearing, filed a motion to quash service of summons and complaint. Plaintiff filed written opposition. Motion to Quash Service of Summons Defendant Sossaman moves to quash service of summons as he was not personally served with the complaint in this action. Legal Standard “Service of process is the means by which a court having jurisdiction over the subject matter asserts jurisdiction ...

Excerpt: ...�PCM”) is a busines s entity operating in Ocean Shores in the state of Washington. (Complaint, ¶3.) Defendants Fred Smith, John Gaston, David Eagen, Diane Dobson, and Michelle Womack are individuals residing in Ocean Shores, Washington, and together they form PCM's board of directors.1 (Complaint, ¶¶4 -8, 14.) Plaintiff Herman is a financial consultant, and plaintiff Cole is in the business of hotel management. (Complaint, ¶¶12 -13.) On 1...

Excerpt: ...suant to Code of Civil Procedure section 425.16, subdivision (g), which is opposed by LVNV. As discussed below, the Court GRANTS the motion. III. BACKGROUND According to the allegations of the operative complaint (“Complaint”), filed on August 12, 2022, LVNV is the owner of debt owed by Mr. DeLuna. (Complaint at 2, ¶ 10.) In its judicial form complaint, LVNV asserts common counts for open book account, money had and received, money lent by ...

Excerpt: ...intiff now seeks an order compelling GM to produce responses to Requests for Production Nos. 8, 16 -19, 21 -22, 27, 34, 37, 40- 43, and 56. These requests seek (i) all documents relating to GM's internal analysis, investigations, communications, reports and design -related documents of the alleged “BATTERY DEFECT” in both the Subject Vehicle and other customers' vehicles (Request Nos. 16- 17, 19, 21 -22, and 40- 43); (ii) all documents relati...

Excerpt: .... Plaintiff now seeks an order compelling GM to produce documents relating to (1) the subject Vehicle (RFP Nos. 1, 2, 3, 7); (2) internal Knowledge and investigation Discovery (RFP Nos. 17, 22- 24, 35- 40); (3) documents concerning summaries and memos regarding transmission defects (RFP Nos. 41 -43, 47, 49, 50); (4) documents concerning buyback policies and procedures (RFP Nos. 55. 56. 65); (5) Communications with Governmental Agencies (and suppl...

Excerpt: ...information techn ology services company headquartered in San Jose. (FAC, ¶ 10.) Plaintiff Jai Kumar was hired in November 2013 and held various positions in the company over the following six years until he was terminated in December 2019. (FAC, ¶¶ 10, 11.) Plaintiff alleges Jade Global wrongfully demanded that he not discuss concerns about his compensation with other employees on the grounds that doing so would be in violation of company pol...