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2021.03.16 Motion for Attorneys' Fees 861
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.03.16
Excerpt: ...ration of the matter and staying the underlying civil action. A significant amount of time was spent litigating a discovery dispute and preparing the matter for summary judgment in the arbitration forum. However, after Tesla was found to have breached the arbitration agreement by failing to pay required fees in the arbitration forum, Murrain successfully moved to withdraw from arbitration and vacate the stay of the civil action. Murrain now moves...
2021.03.16 Demurrer 497
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.03.16
Excerpt: ... purportedly illegal and wasteful expenditures of taxpayer funds by the County‐ specifically, in investigating alternate land uses for Reid‐ Hillview airport (“Reid‐Hillview” or “RHA”) that Plaintiff contends are prohibited by Federal Aviation Administration (“FAA”) grant agreements. According to the allegations of the Complaint, Reid‐Hillview has been designated by the FAA as a reliever airport for San Jose International Airp...
2021.03.11 Motion for Summary Judgment, Adjudication 071
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.03.11
Excerpt: ...lting and engineering services provided by SunMan to Plaintiff in connection with the design and prototyping of a product called the safe tire gauge. According to the allegations of the complaint (“Complaint”), in 2017 SunMan and Plaintiff entered into a written agreement (the “Agreement”) in which SunMan agreed to produce ten working prototypes for Plaintiff's product, the “Safe Tire Gauge,” within 8 to 10 weeks. (Complaint, ¶ 8.) P...
2021.03.11 Demurrer 364
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.03.11
Excerpt: ...ember 11, 2019, Defendant filed a demurrer to the complaint on the ground of failure to state facts sufficient to constitute a cause of action. (Code Civ. Proc., § 430.10, subd. (e).) On February 13, 2020, the demurrer was sustained with 20 days' leave to amend. Plaintiff subsequently filed a first amended complaint (“FAC”) alleging the same causes of action as the complaint on March 3, 2020. Defendant again demurred and on August 25, 2020, ...
2021.03.09 Motion for Summary Judgment, Adjudication 131
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.03.09
Excerpt: ..., 2015, Plaintiff was a passenger in a vehicle being driven by Aldo Alvarez (“Alvarez”) southbound on Capitol Avenue in San Jose. (FAC, ¶ 15.) While at the intersection of North Capitol Avenue and Madden Avenue, the vehicle was struck by a VTA light rail vehicle, resulting in Alvarez's death and serious injuries to Plaintiff. Plaintiff alleges that there was inadequate signage, warning lights, gates and other safety designs present at the in...
2021.03.09 Motion for Summary Adjudication 130
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.03.09
Excerpt: ...Defendant is allegedly a sole proprietor doing business as Ryan Peacock Construction. According to the allegations of the operative First Amended Complaint (“FAC”), prior to the commencement of the instant action, NCCS's assignor, the State Compensation Insurance Fund (“SCIF”) assigned its interest in a debt accrued on an open book account for insurance premiums for the period of March 1, 2014 to January 26, 2016 for Policy No. 906334 in ...
2021.03.04 Demurrer 333
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.03.04
Excerpt: ...ntained therein. I. Background A. Factual 1. Complaint This is a collection action. According to the allegations of the operative complaint (“Complaint”), on March 1, 2019, Cross‐Defendant and Pars Powers entered into a written agreement pursuant to which the former agreed to provide various services to the latter. (Complaint, ¶ 12, Exhibit A.) That same day, Patel, in his individual capacity, executed a written guarantee for the obligatio...
2021.03.02 Motion for Summary Judgment 942
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.03.02
Excerpt: ...d harassment arising out of a landlord‐tenant relationship in an apartment complex. According to the allegations of the operative Second Amended Complaint (“SAC”), Defendants are the owner, landlord and/or property managers of the tenement located at 628 North Jackson Avenue, Apartment 10, in San Jose (the “Subject Premises”). (SAC, ¶ 5.) Francisco initially entered into a written rental agreement for the Subject Premises, which was su...
2021.03.02 Motion for Summary Adjudication 696
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.03.02
Excerpt: ... 2019, Halstead entered into a written agreement with defendant Esguerra‐Aguilar, Inc. (“Esguerra”) to provide the latter with construction services in connection with improvements for the Shapes Fitness for Women center (the “Premises”). (Complaint, ¶ 6, Exhibit A.) On July 20, 2019, Esguerra allegedly breached this agreement by failing to pay for all amounts due thereunder, and currently owes Halstead the principal sum of $327,535.50...
2021.02.25 Motion for Protective Order 061
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.02.25
Excerpt: ... 2020. During the course of the deposition SO was asked about the identity of a person with whom she had consumed alcohol in the past. She identified that person by name. When asked if she knew his phone number she volunteered that it was stored on her cell phone. Nguyen's counsel asked her to look the number up and SO's counsel objected that the notice of deposition did not include a request to produce electronically stored information (ESI). CC...
2021.02.23 Motion for Summary Judgment, Adjudication 633
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.02.23
Excerpt: ... dealership. According to the allegations of the operative First Amended Complaint (“FAC”), ABS is a wholesale auto finance company who, among other things, is licensed to and does lend money to licensed auto dealers to facilitate the purchase of vehicles at auction. (FAC, ¶¶ 10‐ 11.) Under a written Automobile Finance and Security Agreement (the “Agreement”), ABS sells vehicles at auction and will fund the purchase of cars at its own...
2021.02.23 Motion to Strike 400
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.02.23
Excerpt: ... Amritsar Times (the “Times”). Singh is the owner of Amritsar. According to the allegations of the Complaint, Plaintiff is the president of the 21‐member managing body of the Sikh GurdwaraSan Jose (the “temple”), one of the largest Sikh temples in North America. (Complaint, at 1.) There is an upcoming election in which certain members of the temple are seeking to elect an entirely new 21‐member slate to be the governing body of the te...
2021.02.18 Motion for Summary Judgment, Adjudication 068
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.02.18
Excerpt: ... Background A. Factual This is an action for encroachment and trespass between neighboring property owners. According to the allegations of the operative Second Amended Complaint (“SAC”), without Plaintiffs' consent, Defendants maintained a retaining wall on Plaintiffs' property (the “Property”) and refused to remove it when Plaintiffs demanded they do so. (SAC, ¶¶ 2‐3.) Defendants maintain that they were given consent to enter the Pr...
2021.02.16 Motion for Summary Judgment 032
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.02.16
Excerpt: ...is grandfather Louis. Louis and his son Brent Bonino (“Brent”), Jeremy's uncle, co‐own LJB Farm, and the 1997 Chevy Tahoe was used for various services relating to the farm. Louis is the only insured party on the aforementioned vehicle. B. Procedural Plaintiff initiated this action on August 24, 2017. On September 14, 2020, Defendant filed the instant motion for summary judgment. Plaintiff opposes the motion. II. Defendant's Motion for Summ...
2021.02.11 Demurrer 666
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.02.11
Excerpt: ...ndant entered into an agreement dated June 16, 2017 under which Varghese agreed to demolish a 20,000 square foot building in Sunnyvale and construct a new refrigerated warehouse in its place. (FAC, ¶¶ 7‐8.) Greet Well advised Varghese that time was of the essence because it was incurring the expense of two warehouses (a smaller warehouse and the new one in Sunnyvale) and business demand was growing. (Id., ¶ 9.) Pursuant to the terms of the a...
2021.02.09 Motion for Judgment on the Pleadings or to Strike 911
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.02.09
Excerpt: ... for fraud and negligent misrepresentation, among other things, arising out of business negotiations concerning the operation of a restaurant franchise. According to the allegations of the operative First Amended Complaint (“FAC”), in April 2017, CrossComplainants and defendants Nathan Van and Huong Le aka Nancy Le (collectively, “Defendants”) held themselves out to Nguyen as registered franchisors of Blackball Taiwanese dessert restauran...
2021.02.04 Motion for Summary Judgment, Adjudication 863
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.02.04
Excerpt: ...nst CCS on her FACC and summary adjudication of her 28th affirmative defense in her answer to CCS's Complaint. III.Background This is an action to collect on an unpaid debt and a resulting cross‐action for unfair debt practices relating to the collection of that debt. According to the allegations of the underlying complaint, a credit card was issued to Gonzalez by Synchrony Bank FKA GE Capital Retail Bank. (Complaint, ¶ 6.) Gonzalez used the c...
2021.02.04 Demurrer 501
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.02.04
Excerpt: ...) (collectively, “Plaintiffs”). I. Background A. Factual This action arises from the alleged improper suspension of a student after an incident at Ruskin Elementary School (“Ruskin”), located within the District. According to the allegations of the FAC, on June 6, 2019, Doyle‐Jones received a call from Ruskin and was advised that her daughter Aygulina, who was in kindergarten, had been involved in an incident and she needed to come to t...
2021.02.02 Motion to Strike Doe Amendment 333
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.02.02
Excerpt: ...ke the doe amendment of plaintiffs Gina M. Gray and David Zamora (collectively, “Plaintiffs”). I. Background This action was initiated in April 2014 by Plaintiffs to challenge the nonjudicial foreclosure of their former property located in San Jose (the “Property”). After multiple rounds of pleadings, in January 2015 the Court sustained the defendants' demurrer to the operative second amended complaint (“SAC”) without leave to amend.1...
2021.01.28 Motion to Strike 731
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.01.28
Excerpt: ...o are siblings, as well as Kaur, Jagdeep's wife, entered into an oral agreement to partner together to purchase an Arco consisting of a gas station and a workshop for automobile smog equipment inspection (“Arco”). (TAC, ¶ 13.) The agreement provided that: the parties would each pay $120,000 towards the purchase; Ranjit and Jagdeep1 would secure a loan for $185,000 using their house as collateral; $55,000 would be borrowed from family and fri...
2021.01.28 Demurrer 123
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.01.28
Excerpt: ...on for wrongful foreclosure. According to the allegations of the FAC, on June 23, 1998, Plaintiff and his wife, Florie Flores (“Mrs. Flores”), became the owners of real property located at 4871 Poston Drive in San Jose (the “Property”). The purchase was financed with a loan secured by the Property, and they took title as “Sonny Flores and Florie Flores, husband and wife as joint tenants.” (FAC, ¶ 13; Defendants' Request for Judicial ...
2021.01.26 Demurrer 511
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.01.26
Excerpt: ...(SAC, ¶¶ 1 15.) Plaintiff alleges that a contingent of Flyers fans in his section were unruly and rowdy, resulting in taunting between fans and beer being thrown. (Id., ¶¶ 16, 17.) Plaintiff further alleges that the Flyers fans shouted profanities at him and other Sharks fans, and that one particular Flyers fan, defendant Eric Williams (“Williams”), was encouraged by his friends to heckle Sharks fans in Plaintiff's section. (Id., ¶ 16.) ...
2021.01.26 Demurrer 048
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.01.26
Excerpt: ...s in Vietnam Town, a commercial plaza in San Jose. According to the allegations of the TAC, on October 8, 2004, Plaintiff entered into five written agreements with TWN Investment Group, LLC (“TWN”) to buy five commercial condominium units at Vietnam Town for a total cost of $615,000. (TAC, ¶ 7, Exhibit A.) On January 24, 2005, Diem Thi Hang and Tai Hung Trinh entered into an agreement with TWN to purchase of one of the units. (Id., ¶ 8.) On...
2021.01.26 Demurrer 203
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.01.26
Excerpt: ...plied Covenant of Good Faith and Fair Dealing; 7) Violation of Civil Code §1708; 8) Unjust Enrichment; 9) Violation of Business and Professions Code §17200; 10) Negligence, and; 11) Violation of the Rosenthal Fair Debt Collection Practices Act (“RFDCPA,” Civil Code §1788, et seq.) against several named defendants and Does. Currently before the Court is the demurrer to the Complaint by Defendants Superior Loan Servicing, Jimmy Hui, Roller P...
2021.01.26 Demurrer 757
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.01.26
Excerpt: ...be forced to leave the country if she did not pay the tuition. (Ibid.) Nguyen promised to pay Plaintiff back in four months. (Ibid.) Nguyen told Plaintiff she would be able to pay Plaintiff back because her mother deposited $400,000 in her bank account in Vietnam before she passed away. (Ibid.) In reliance on Nguyen's representations, Plaintiff loaned Nguyen $70,000 on March 28, 2018. (Ibid.) In April 2018, Nguyen told Plaintiff she needed an add...
2021.01.26 Demurrer, Motion to Strike 013
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.01.26
Excerpt: ...contract with A‐Land Service Corp. (“A‐Corp.”) and made a payment of $20,000 (second to an initial payment of $1,000) for construction plan drawing and permits. (AC, ¶ 3.) Plaintiffs made a third payment in the amount of $38,450 for costs associated with concrete foundation work. (Id., ¶ 4.) In November 2019, the first day of physical construction at Plaintiffs' property, Defendant showed up with workers claiming that his team came to p...
2021.01.26 Motion for Summary Judgment, Adjudication 864
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.01.26
Excerpt: ...) Breach of the Implied Covenant of Good Faith and Fair Dealing. All three cross‐claims are alleged against Plaintiff and the first cross‐claim for breach of fiduciary duty is also alleged against Cross‐Defendant Rao Mikkilineni (“Mikkilineni”), a former member of the Company's board of directors. The Cross‐Complaint alleges (at ¶4) that Plaintiff was the CEO and a member of C3DNA's board of directors “from April 5, 2018 through at...
2021.01.21 Demurrer 836
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.01.21
Excerpt: ...San Jose in 2000 as a seventh grader. (FAC, ¶¶ 12‐13.) Due to behavioral issues caused by hyperactivity, Plaintiff was placed in a separate classroom from his peers with several other boys under the care, control and supervision of defendant Roland Saher (“Saher”). (Id., ¶¶ 14‐16.) Saher was allegedly not sufficiently credentialed, trained and vetted for such an assignment. (Id.) Plaintiff and his classmates were physically isolated f...
2021.01.19 Demurrer, Motion to Strike 485
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.01.19
Excerpt: ...the Complaint, on March 16, 2018, Med Mar and Plaintiff entered into a written contract (the “Agreement”) whereby the former agreed to purchase various products containing cannabidiol (“CBD”) from the latter. (Complaint, ¶ 24.) Med Mar was to prepay Plaintiff 25% for all products ordered with the balance due within 15 days of Med Mar's receipt of the products. (Id.) On April 24, 2018, Defendants represented to Plaintiff in writing that M...
2021.01.05 Demurrer 963
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.01.05
Excerpt: ...request[] that a crime be investigated” and “the alleged perpetrator of the crime be prosecuted.” (Complaint, Ex. F.) On August 13, 2015, the manager of the Public Inquiry Unit of the Office of the Attorney General responded by letter to Plaintiff's request, indicating that if Plaintiff had information about a crime, she should file a report with the police or sheriff's department in the area where the crime occurred. (Ibid.) The manager's ...
2020.08.25 Motion to Strike Punitive Damages 556
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2020.08.25
Excerpt: ...r company plaintiff Pachira, LLC, originally purchased the real property from defendants Edwin and Jemelle Maspat and the operating business (defendant Allied Care, LLC) from the Maspats and defendant Carolina Dizon (“Dizon”) in 2015. But the facility was not as profitable and as scalable as Li was promised. After discovering the fraud in 2018, Li settled her claims against the parties that facilitated and brokered the transaction, namely def...
2020.08.25 Demurrer 300
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2020.08.25
Excerpt: ..., ¶¶ 6, 12.) Tuyet and coworker and cross‐defendant Thy Vo (“Vo”) then scratched off numbers off one of the tickets which was not a winner. (See FAXC, ¶ 12.) Vo then asked Binh for permission to scratch off another ticket, and Vo scratched off the ticket, which was a winning ticket for $750,000. (Id.) Vo gave the ticket back to Binh, who presented it to the cashier and received a claim receipt stating that he won $750,000. (Id.) Binh sub...
2020.08.25 Demurrer 114
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2020.08.25
Excerpt: ... predecessor in interest, and it operated a drugstore at the leased premises for many years (most recently under the name CVS). In April 2016, in contemplation of relocating this drugstore, Longs executed a sublease with plaintiff Goodwill of Silicon Valley (“Goodwill”). (Compl., ¶ 7.) Longs and Goodwill agreed Goodwill would take over the space when Longs finished relocating its drugstore. (Compl., ¶ 7.) Two years later, in early 2018, Lon...
2020.07.09 Demurrer 660
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2020.07.09
Excerpt: ...e underlying complaint (“Complaint”) filed by the City, the Falcocchias engaged in unpermitted work on their residential property in violation of the City's municipal code. (Complaint, ¶ 5.) An administrative hearing was held before the City's Appeals Hearing Board (the “Board”). The Board ordered the Falcocchias to obtain City approval, including permits and inspections, for work done on their property. (Id.) The Board also assessed adm...
2020.07.09 Demurrer 454
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2020.07.09
Excerpt: ...ons of the Complaint, the Property consists of 40 acres of agricultural land and contains numerous decommissioned or dilapidated agricultural buildings dating to its past use as a chicken farm. (Complaint, ¶ 1.) Defendant Parvaneh Pourakber (“Pourakber”) purchased the Property in 2003 and since that time she and her family have created or allowed others to create serious public nuisances including, but not limited to: unpermitted constructio...
2020.07.07 Demurrer 063
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2020.07.07
Excerpt: ...Complaint, ¶¶ 7‐8.) Plaintiff and Enrique separated as a married couple on March 14, 2004. (Id., ¶ 8.) At that time, although Enrique's name remained on the deed, the parties agreed that pursuant to their marital separation, and as a full and complete settlement of their marital estate, Plaintiff would become the sole owner of the Property. (Id.) The parties further agreed that until the deed was changed, Enrique would hold the Property in t...
2020.07.07 Demurrer 941
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2020.07.07
Excerpt: ...ations of the FAC, on February 5, 2018, Plaintiff was called out to perform repairs on a toilet by Defendants' tenant, Kimberly Livette Wilkerson (“Wilkerson”). Defendant tenant Alirio Barahona (“Barahona”) then allegedly permitted another tenant to physically batter and assault Plaintiff and then assaulted Plaintiff himself, causing him injuries. Plaintiff alleges that Defendants “negligently operated and maintained their rental proper...
2020.07.07 Motion for Summary Judgment 420
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2020.07.07
Excerpt: ...gful death arising out of a multi‐vehicle accident in Gilroy. According to the allegations of the Complaint, on January 12, 2018, the alleged negligent operation of vehicles driven by defendants Levi Jonathan Posadapayes (“Posadapayes”) and Gabrielle Freedom (“Freedom”) resulted in the death of decedent Efrain Moreno Barron (the “Decedent”), also driving a vehicle, when they collided at the intersection of State Route 25 and Bolsa R...
2019.7.2 Motion to Strike Punitive Damages 143
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2019.7.2
Excerpt: ...on September 16, 2017. (Cross‐Compl., ¶ 5.) At the event, Carpenter attacked McCormack by jumping onto his back. (Cross‐Compl., ¶ 6.) McCormack had “to use physical force to defend himself and to remove [Carpenter] from his body.” (CrossCompl., ¶ 6.) On this basis, McCormack asserts a single cause of action against Carpenter for battery. McCormack alleges Carpenter intended to harm him and acted “with a willful and conscious disregar...
2019.7.2 Motion to Reopen Discovery 578
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2019.7.2
Excerpt: ...cussions with the principals of Vallco Shopping Mall, LLC (“VSM”), owners of real property known as the Vallco Fashion Mall located at 10123 North Wolfe Road in Cupertino (“Subject Property”), to exclusively represent VSM in connection with the sale of the Subject Property. (SAC, ¶¶7 – 8.) On or about August 2, 2011, VSM and plaintiff Nguyen entered into an exclusive right to sell agreement entitled “Owner‐Broker Agreement‐Vallc...
2019.7.2 Motion for Summary Judgment, Adjudication 796
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2019.7.2
Excerpt: ...nd advertises himself as an expert in Silicon Valley real estate as a means to solicit new clients. (Complaint, ¶9.) Plaintiffs Bihn Nguyen and Tien Thi Nguyen (“Plaintiffs”) retained defendant Thuan as a broker/agent for the purchase of property located at 842 Green Street in East Palo Alto (“Subject Property”) in or around July 2014. (Complaint, ¶11.) Defendant Thuan enticed Plaintiffs by marketing the Subject Property as having a “...
2019.7.2 Motion for Summary Adjudication 880
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2019.7.2
Excerpt: ...f their mother, Linda Balangue (“Decedent”), who died on October 26, 2016. (First Amended Complaint (“FAC”), ¶1.) Decedent was a resident of, among others, defendant Milpitas Care Center (“MCC”) from April 2016 to July 2016. (FAC, ¶¶2 and 5.) During their care and/or custody of Decedent, defendant MCC failed to develop and implement adequate skin integrity and infection control/ monitoring measures, which resulted in Decedent susta...
2019.6.27 Motion to Compel Production of Docs 768
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2019.6.27
Excerpt: ...lusion Labs, Inc. dba WeTrust (“Finclusion”) creates decentralized, peer‐to‐peer financial solutions that promote financial inclusion. (Second Amended Complaint (“SAC”), ¶¶1, 7, and 10.) In February 2017, soon after Finclusion's inception, defendant Merom emailed co‐founders Li and Long stating his intent to step down. (SAC, ¶12.) For a brief time thereafter, defendant Merom appeared to have recommitted to Finclusion. (SAC, ¶13....
2019.6.27 Motion to Compel Arbitration 091
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2019.6.27
Excerpt: ... that the causes of action in Plaintiff's Complaint arise out of, or are directly related to Plaintiffs former employment with Defendants. On June 6, 2017, when Plaintiff was hired by Defendant, Plaintiff signed a document entitled "Mediation and Arbitration Agreement" (hereinafter “Arbitration Agreement”). Defendant contends that by signing the Arbitration Agreement Plaintiff agreed to arbitrate any and all claims arising out of her ...
2019.6.25 Motion to Compel Arbitration 277
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2019.6.25
Excerpt: ... The PPA contains an arbitration clause which is said to apply to all claims, controversies, or disputes arising out of or relating to the PPA or any aspect of the relationship between Muller and Vivint Solar. (Brown Decl. Ex. A, at § 4.)) The arbitration clause states as follows: You and We agree to arbitrate all disputes, claims and controversies arising out of or relating to (i) any aspect of the relationship between You and Us, whether based...
2019.6.25 Motion for Judgment on the Pleadings, to Abate the Action, or for Other Appropriate Relief 894
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2019.6.25
Excerpt: ...l Building located at 280 South 1st Street, San Jose to attend an appointment at the Social Security Administration Office. (Id.) On his way out of the building, plaintiff Rabieh accidentally exited an emergency exit door, which sounded an alarm. (Id.) One of the security guards, defendant Mario Ayala (“Ayala”)—an employee of defendant Paragon Systems, Inc., dba Parasys, Inc. (“Paragon”)—asked plaintiff Rabieh to re‐enter the buildi...
2019.3.28 Motion for Summary Judgment, Adjudication 818
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2019.3.28
Excerpt: ...ion of the FAC. Factual and Procedural Background Plaintiff initiated this action against Defendants in November 2013, by filing a complaint for breach of contract, negligence, fraud, and violations of Business and Professions Code sections 9884.8 and 9884.9 (governing invoices and written estimates, respectively, by auto repair dealers). Plaintiff alleged that Defendants breached a contract to repair and restore his 1959 Austin Healey vehicle. S...
2019.3.28 Motion for Summary Judgment, Adjudication 496
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2019.3.28
Excerpt: ...d This is an action for breach of contract, fraud, and negligence. On July 30, 2015, Plaintiffs Hui Yang (“Yang”) and Ran Hu (“Hu”) (collectively, “Plaintiffs”) purchased property located at 1838 Charmeran Avenue, San Jose, California from defendants Hur Ling Hsiu and Hetty Teh Sun Hsiu (collectively “the Sellers”). (Complaint, ¶¶ 2, 5‐6, 7‐8, 17, 26, 28, & 51.) Ting, a licensed real estate agent, represented the Sellers. (I...
2019.3.28 Motion for Summary Adjudication 890
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2019.3.28
Excerpt: ... Decedent's wallet to that effect and Plaintiffs do not dispute that the note was in Decedent's handwriting). Decedent survived the initial impact but died of his injuries at the hospital a few hours later. Plaintiffs' original and still operative Complaint filed November 10, 2015 states five causes of action: 1) Wrongful Death; 2) Negligence /Motor Vehicle (alleging Defendant violated Vehicle Code §21950); 3) Negligence Per Se; 4) Loss of Conso...
2019.3.28 Demurrer, Motion to Compel Further Responses 864
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2019.3.28
Excerpt: ...documents, set two (“RPD”), and for an award of monetary sanctions; and (3) the motion by Abdo to compel Wells Fargo to provide further responses to requests for admission, set two (“RFA”), form interrogatories, set two (“FI”), and special interrogatories, set one (“SI”), and for an award of monetary sanctions. Factual and Procedural Background The underlying action in this case arises from a loan whereby plaintiff Westlake Floori...

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