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2024.06.13 Motion for Summary Judgment 073
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.06.13
Excerpt: ...n the brak es, which caused Plaintiff to strike the interior of the bus with great force. (Ibid.) As a result, she sustained injuries. (Ibid.) Plaintiff filed her Complaint on October 3, 2022, asserting general negligence and motor vehicle negligence. On January 10, 2024, VTA filed the instant motion, which Plaintiff opposes. II. Request for Judicial Notice VTA requests judicial notice of Plaintiff's Complaint, however, judicial notice is not r...
2024.06.13 Demurrer to FAC 003
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.06.13
Excerpt: ...as born in the Republic of Kosovo, and he maintains close family and business ties to Kosovo and Albania. (FAC, ¶ 1.) Dr. Asllani is a Kosovo resident, doctor, and human rights activist, who has documented human rights violations in the Western Balkans for the past 30 years. (F AC, ¶ 3.) Dervishi is a major shareholder in Zummo Flight Technologies USA, and he helped form Zummo Flight Technologies Kosovo (“Zummo Kosovo”). (FAC, ¶ 10.) When ...
2024.06.13 Demurrer 013
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.06.13
Excerpt: .... According to the complaint, on July 2, 2023, Plaintiff was lawfully on the Premise for the international soccer match between Mexico and Qatar. (Complaint ¶ 18.) Debartolo Corporation, Forty Niners Football Company LLC, Forty Niners SC Stadium Company LLC, Forty Nin ers Stadium Management Company LLC (“Stadium Defendants”) and Government Defendants owned/operated/maintained/managed/secured/controlled the Premise. (Complaint ¶ 11.) During ...
2024.06.11 Motion to Strike FAC 271
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.06.11
Excerpt: ...C, p. 4.) Defendant then initiated the related criminal case (Case No. C2106178) against Plaintiff. (Ibid.) Plaintiff alleges Defendant confessed to providing false information to the police officer to secure rent and a deposit. (Ibid.) She further alleges Defendan t provided false information to get an emergency protective order, which Defendant then used to breach the terms of the rental lease agreement. (Ibid.) On January 4, 2024, the underlyi...
2024.06.11 Demurrer 540
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.06.11
Excerpt: ...r. Juan Gonzales (“Decedent”) while attending a Chris Stapleton concert. According to the complaint, on June 18, 2022, at about 10:40 p.m., Decedent was lawfully at the Shoreline Amphitheater and while speaking to a De fendants' employee was struck in the head by Logan Winterton causing serious injury and ultimately death. (Complaint ¶ 16.) Mr. Winterton and several other concert attendees wore a red and white Death's Head insignia signifyin...
2024.06.06 Motion to Compel Production of Docs 836
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.06.06
Excerpt: ...cret case. Cryplex alle ges Bitmain's former co-CEO, Jihan Wu, was involved in the acts leading to this lawsuit. While this case was pending, Mr. Wu left Bitmain and is now the Chief Executive Officer, Chief Financial Officer, and Secretary of Non- Party Bitdeer. Bitmain has evidence from its discovery of Cryplex that Cryplex contacted Mr. Wu at Bitmain to discuss this lawsuit, including “litigation funding”, “acquisition of claims”, or �...
2024.06.06 Motion for Summary Judgment, Adjudication 057
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.06.06
Excerpt: ...anta Clara County Superior Court, Case No. 22CV398261) (“Second Action”). This action is for negligence and wrongful death arising from a traffic collision. Plaintiff Sylvia Armas is Ivan Caballero, Jr.'s (“Decedent”) mother and his successor in interest. (Complaint in First Action (“Complaint”), ¶¶ 3, 28.) Plaintiff Ivan Caballero (“Caballero Sr.”) is Decedent's father and his successor in interest. (Complaint in Second Action,...
2024.06.06 Demurrer to FAC 757
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.06.06
Excerpt: ...a single father f rom China looking for housing. (FAC, ¶¶2, 9.) Plaintiffs Li and Chen speak primarily Mandarin. (FAC, ¶¶1 -2.) Defendants Ting Hong and Morad Mahpour advertised through AirBnB that they had authority to rent rooms at 555 Stanford Avenue in Palo Alto (“Proper ty”), a multi-family residence, owned by defendant Mahpour. (FAC, ¶¶3, 4, and 10.) Plaintiffs Li and Chen each separately responded at different times to these adve...
2024.06.06 Demurrer to FAC 147
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.06.06
Excerpt: ...tors, LLC (“Yadeg ar”), and that Yadegar was obligated to disclose issues concerning smog and registration to Plaintiff but instead intentionally misrepresented and/or concealed material facts from Plaintiff thereby breaching his contract with Plaintiff.5 On December 27, 20 23, Plaintiff filed a 36 -page complaint against Yadegar captioned, “Complaint Fraud – Intentional Misrepresentation – Intentional Concealment[;] Implied Conduct of...
2024.06.04 Motion for Summary Judgment, Adjudication 470
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.06.04
Excerpt: ...ws. I. Background This action aris es out of a dispute between neighbors. Plaintiffs own and reside in a home at 659 Springer Terrance in Los Altos, while Defendants own and reside in a home at 667 Springer Terrace in Los Altos. (Complaint, ¶¶ 1 -2. 4.) Two heating/air -conditioning pumps (mechanical units) were installed in and remain on the side of Defendants' property next to Plaintiffs' residence. (Complaint, ¶ 4.) The mechanical units are...
2024.06.04 Demurrer 281
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.06.04
Excerpt: ...h identical names, “Inc hin's Bamboo Garden,” located at 151 Washington Avenue, Sunnyvale and 39024 Paseo Padre Parkway, Fremont. (Complaint, ¶19.) From about October 24, 2022 through August 23, 2023, defendants Gupta, RCW, and GCW employed plaintiff Jayaswor Acharya and jointly exercised control over his wages, hours, or working conditions. (Complaint, ¶¶18, 20.) On October 24, 2022, Defendants offered Plaintiff employment for the positio...
2024.05.30 Motion for Judgment on the Pleadings 640
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.05.30
Excerpt: ...ool year, defendant K ip Glazer was MVHS's principal. (Complaint, ¶ 6.) For the fifth issue of that school year's edition of The Oracle, the students chose to write, edit, and publish an in -depth article about a culture of sexual harassment at MVHS (the “Article”). (Complaint , ¶ 12.) On March 24, 2023, MVHS Assistant Principal John Robell called Gomez and expressed concern regarding a student who might be named in the Article as a serial...
2024.05.30 Motion for Summary Judgment, Adjudication 892
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.05.30
Excerpt: ... (“FPC”) enter ed a written subcontract agreement (“Subcontract”) in which Plaintiff agreed to provide construction labor, materials, and services relating to construction of Silvery Towers located at 188 W. St. James Street in San Jose including, but not limited to, furnishing and installing structural steel and miscellaneous metal work (“Project”). (First Amended Complaint (“FAC”), ¶¶10 and 18.) FPC agreed to pay Plaintiff the...
2024.05.28 Motion to Strike 297
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.05.28
Excerpt: ...es. Acco rding to the SAC, Plaintiff went to the Burke Williams day spa in San Jose for her reserved facial on July 8th. (SAC, ¶ 13.) Using the women's locker room, Plaintiff removed all her clothing and put on a robe that was provided in the locker. (SAC, ¶ 15.) W hile waiting for her facial, Plaintiff confided with others that she had had a few alcoholic drinks at lunch and was ready to relax. (SAC, ¶ 16.) Once in the designated room, Plain...
2024.05.28 Motion to Dismiss, Stay, or Consolidate Action 384
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.05.28
Excerpt: ...omplaint, ¶ 12 .) James and Ann maintained and periodically revised a revocable living trust since approximately 1981. The last revision was in August of 2018, leaving equal shares to their children. (“2018 Trust”). (Id., ¶ 15.) In preparing the 2018 Trust, James learned Ann had been gifting large sums of money to their daughter and others without his knowledge and consent. James confronted Anne about these gifts and asked her to cease doin...
2024.05.28 Motion for Summary Judgment 740
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.05.28
Excerpt: ...o Alto Police Depa rtment (“PAPD”), assigned to various divisions within PAPD. (Third Amended Complaint (“TAC”), ¶¶1 – 6 and 18.) Beginning in or around June 2020, defendant City of Palo Alto (“City”) officials sought out, encouraged, and paid artists to paint sixteen letter s on defendant City property that spelled out “Black Lives Matter” (“Mural”). (TAC, ¶¶19 – 20.) City manager, Ed Shikada, admits “the creation o...
2024.05.28 Demurrer 883
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.05.28
Excerpt: ...rcle in San Jose (the “Property ”). (TAC, p. 2, ¶ 4.1) Plaintiff and h er son moved into the Prop erty i n Dec emb er 2019. (TAC, p. 3, ¶ 8.2) The monthly rental expense was $3,060. (TAC, p. 3, ¶ 9.) From the outset, Plaintiff encountered severe issues that disrupted her ability to live and reside there peacefully. (TAC, p. 3, ¶ 10.) The rental unit had unsanitary conditions and an infestation of rodents. (Ibid.) The power outlets in the ...
2024.05.23 Motion for Leave to File SAC, to Quash 612
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.05.23
Excerpt: ...h is an informa tion technology services company headquartered in San Jose. (FAC, ¶ 10.) Plaintiff Jai Kumar alleges he 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.) According to Plaintiff, Jade Global, among other things, wrongfully demanded that he not discuss concerns about his compensation with other employees on the grounds that...
2024.05.21 Motion to Compel Arbitration and Stay Proceedings 028
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.05.21
Excerpt: ...money being tran sferred from their bank accounts. One bank returned the money, the other did not. This suit followed. The August 23, 2022 invoice includes the following language at page 3: Dispute Resolution. Both you and Cellular Sales agree that any and all disputes between us of any nature whatsoever including without limitation tort claims and regardless of whether based upon or arising out of this transaction will be governed by the Cellula...
2024.05.21 Motion for Summary Judgment 455
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.05.21
Excerpt: ... Rasier -CA LLC; and Uber Technologies, Inc. (“Uber”) (collectively, “Defendants”) operated Defendants' vehicle in such negligent manner as to cause a collision between plaintiff Ashish Sagar's (“Plaintiff”) vehicle and Defendants' vehicle, all of which caused serious injuries to Plaintiff. (Complaint, ¶¶12 and 17.) On September 10, 2021, Plaintiff filed a complaint against Defendants asserting a single cause of action for negligen...
2024.05.21 Motion for Attorney Fees 499
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.05.21
Excerpt: ...il Procedure s ection 425.16. Plaintiff however requests that this motion be stayed, or, if not stayed, the amount of fees sought ($18,540) be reduced. Defendant opposes the motion. II. Legal Standard and Analysis Anti -SLAPP fee awards should include expenses incurred fo r all proceedings “directly related” to the special motion to strike and fees “addressing matters with factual or legal issues that are ‘inextricably intertwined' with t...
2024.05.21 Demurrer 428
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.05.21
Excerpt: ..., Inc. (“PAFMG” ). (First Amended Complaint (“FAC”), ¶¶5 and 13.) Defendant Sutter Bay Medical Foundation (“Sutter”) was a joint employer of Dr. Wang along with defendant PAFMG. (FAC, ¶¶7 and 10.) Defendants Sutter and PAFMG (collectively, “Employers”) do business at the same address. (FAC, ¶10.) While defendant PAFMG paid. Wang, defendant Sutter also participated in the supervision of Dr. Wang's work schedule, duties, assign...
2024.05.21 Demurrer 416
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.05.21
Excerpt: ...torial and buildi ng maintenance services. (Complaint, ¶ 3.) Joel Barrientos is employed by SBM as a supervisor at the jobsites where Plaintiffs worked. (Complaint, ¶ 4.) Meta Platforms, Inc. (“Meta”) is a Delaware corporation doing business as Facebook. (Complaint, ¶ 5.) Plaintiffs worked at Meta's campuses in Mountain View and Sunnyvale, and Meta controlled these job sites and had the authority to stop illegal activities occurring there....
2024.05.16 Motion for Summary Judgment, Adjudication 353
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.05.16
Excerpt: ... Court, rule 3.1308, the Court issues its tentative ruling. I. BACKGROUND A. Factual This action arises out of care rendered by Dr. Sung, a veterinarian at VCA, to Plaintiff's cat, “Kitty” (aka “Kimmy”). According to the Second Amended Complaint (“SAC”), Plaintiff brought her cat to VCA to be evaluated on October 17, 2018. (SAC, ¶ 15.) Dr. Sung's physical exam indicated that Kitty's gait and musculoskeletal structure were normal. (Id...
2024.05.14 Motion for Summary Judgment, Adjudication 190
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.05.14
Excerpt: ...t, p. 5.) While she was walking, she was struck from behind by defendants Raul Arias and Jose Mendoza who were travelling at high speeds on their bicycles. (Ibid.) Plaintiff filed her complaint on March 24, 2021 asserting (1) general negligence against Arias and Mendoza and (2) premises liability against the City. On January 20, 2023, City filed the instant motion, which Plaintiff opposes. II. Judicial Notice City requests judicial notice of th...
2024.05.14 Motion to Strike FAC 655
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.05.14
Excerpt: ...was crossing M errill Avenue with an assistive device. (FAC, p. 6.) Instead of stopping to check on her or calling emergency services, Mai fled the scene. (Ibid.) Emergency services were only contacted when another driver came upon Ly's body and she was pronounced dea d at 6:05 a.m. (Ibid.) After fleeing the scene of the incident, Mai filed a false report claiming that the damage to her vehicle was caused by a shopping cart. (Ibid.) Plaintiffs...
2024.05.09 Demurrer 279
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.05.09
Excerpt: ...o design, build, and install kitchen and bathroom cabinets. Emil Eshagh was/is involved in the operation of The Perfect Finish. Subsequently, Plaintiffs filed suit against Eshagh and The Perfect Finish, DBA All Perfect Finish, for breach of contract, among other cl aims. On January 14, 2022, Plaintiffs obtained a default judgement against Eshagh and The Perfect Finish Inc. in the amount of $50,733.28. (FAC ¶¶ 8 -10.) On May 1, 2023, during a d...
2024.05.07 Special Motion to Strike 611
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.05.07
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...
2024.05.07 Motion to Quash Service 510
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.05.07
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...
2024.05.02 Motion to Strike, Demurrer 810
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.05.02
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...
2024.05.02 Motion to Stay or Dismiss Complaint 298
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.05.02
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...
2024.05.02 Motion to Expunge Lis Pendens, for Attorney Fees 014
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.05.02
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...
2024.05.02 Motion to Compel Arbitration 587
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.05.02
Excerpt: ...fs do not di spute that they signed the transfer agreement knowing what the agreement was for or that the transfer agreement incorporates all the terms and conditions of the customer agreement. Nor do Plaintiffs dispute that the customer agreement they assumed includes this arbitration clause: Most customer concerns can be resolved quickly and amicably by calling Our customer service department at (877) 404 -4129. If Our customer service departme...
2024.05.02 Demurrer 332
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.05.02
Excerpt: ...legations of the 5AC, Wilson was employed by SoundHound from November 29, 2011, to August 30, 2019. (5AC, ¶ 19.) SoundHound is a digital voice application company that enables humans to speak naturally to their smartphones and other devices. (5AC, ¶ 19.) Wilson was initially h ired as a Principal Engineer and later he was promoted to Architect. (5AC, ¶ 20.) He created a significant amount of SoundHound's intellectual property, and he was an i...
2024.04.30 Demurrer 697
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.04.30
Excerpt: ... County since 2008. (FAC, ¶ 20.) In May 2018, Plaintiff transitioned to the Sheriff's office as a Management Analyst, on December 17, 2018, she was promoted to Senior Management Analyst, and on January 28, 2019, she was promoted to Program Manager II. (FAC, ¶ 21 -22. ) Sheriff Laurie Smith was one of Plaintiff's supervisors. (FAC, ¶ 13.) In January 2020, the District Attorney investigated misconduct in the Sheriff's Department, which included ...
2024.04.16 Motion to Quash Service of Summons 435
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.04.16
Excerpt: ...a fraudulent sc heme to retire senior water rights vis- à-vis duplicitous water claims….for the construction and massive expansion of a luxurious private urban development” in Salt Lake City, Utah. (Complaint ¶ 2.) On September 26, 2014, Plaintiff filed suit under the Fed eral Claims Act in the Federal Court for the District of Utah relating to a public drinking water system in Salt Lake County operated by the Emigration Canyon Improvement...
2024.04.16 Demurrer 049
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.04.16
Excerpt: ...nts LLC (collectively, the “Gong Defendants”) in “multiple protracted complex litigations” involving residential property located at 2276 Bentley Ridge Drive in San Jose (the “Property”).1 (Complaint, ¶¶ 1, 9.) In 2015, Jason Pacheco and Shanna Pacheco (collectively, the “Pachecos”) sued the Gong Defendants over a dispute regarding the Property. (Complaint, ¶ 12 -14.) David Hamerslough represented the Pachecos in the underlying...
2024.04.11 Demurrer, Motion to Strike 276
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.04.11
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...
2024.04.11 Motion to Strike 733
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.04.11
Excerpt: ...e Fenton”). Pursuant t o California Rule of Court 3.1308, the Court issues its tentative ruling. I. Background This is an action for fraudulent conveyance. According to the allegations, on November 25, 2014, Martin and Hoge Fenton entered into an agreement in which Hoge Fento n agreed to represent Martin in an underlying action, which was a real property dispute between Martin's father and Mark and Paul Watts related to property located at 3156...
2024.04.11 Motion to Consolidate 927
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.04.11
Excerpt: ...actions whe re there is a common question of law or fact pending in the same court. CCP §1048(a). In considering a motion for consolidation, the court should consider the timeliness of the motion, the complexity of the case, and prejudice. See State Farm Mut. Auto Ins. Co. v. Superior Court (1956) 47 C.2d 428, 430- 432. Jane Doe's motion is timely and the two actions concern the same property and involve overlapping parties. However, LHP 2019 wi...
2024.04.09 Motion to Quash for Lack of Jurisdiction 966
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.04.09
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...
2024.04.09 Motion for Summary Adjudication 291
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.04.09
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 ...
2024.04.09 Demurrer 192
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.04.09
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...
2024.04.04 Motion to Quash 212
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.04.04
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...
2024.04.04 Motion for Summary Judgment, Adjudication 612
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.04.04
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...
2024.04.04 Motion for Summary Judgment, Adjudication 138
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.04.04
Excerpt: ...i nt In the operative first amended complaint (“FAC”), plaintiff Chicago Title Company (“CTC”) alleges on or about 27 July 2019, defendant 28th St Villa Apts, LLC (“Buyer”) and defendant Green Villa Apartments, LP (“Seller”) entered into an agreement for the sale of real property located at 1319 Tripp Avenue in San Jose (“Property”) from Seller to Buyer. (FAC, ¶¶9 – 10.) Between July 2019 and November 2019, plaintiff CTC ...
2024.04.04 Demurrer, Motion to Strike, to Expunge Lis Pendens 409
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.04.04
Excerpt: ...t issues its tentative ruling. I. Background This is an action for quiet title. Plaintiffs own real property at 1711 B Marshall Ct in Los Altos (the “Property”). (Complaint, ¶ 4.) Plaintiffs allege the basis of their title is fraudulent transfer of Severino Estillore's interest in the Property circa 1998. (Ibid.) Plaintiff seeks to quiet title to the Property against all adverse claims. Plaintiffs initiated this action to quiet title on Octo...
2024.04.02 Motion for Summary Judgment 055
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.04.02
Excerpt: ...ls) he noted ther e was road work marked by orange cone on the shoulder of the road and noticed a steel plate across the outbound lanes. On the ride back, Plaintiff was traveling 25 mph when he got to the condition and saw that the steel plate across the inbound lanes did n ot fully cover the trench and left two shallow cutouts on either side of the asphalt. (Plaintiff's Response to Defendant's Separate Statement of Undisputed Material Facts (“...
2024.04.02 Demurrer, Motion to Strike 570
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.04.02
Excerpt: ...d and unfair busi ness practices. According to the TACC, crossdefendant Jalal Shreim (“Jalal”) was the sole shareholder, president, and CEO of Friendly Wholesalers of California (“FWC”), formerly a successful rug business in San Jose.1 (TACC, ¶¶ 2, 4.) Crossdefendant Moh amad Shreim (“Mohamad), is Jalal's son and he was the sole proprietor of SeeMoCars, a used car dealership. (TACC, ¶ 3.) SeeMoCars was evicted from its location and M...
2024.04.02 Demurrer to TAC, Motion to Strike 393
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.04.02
Excerpt: ...ng as follows. I. Backgro und This is action arises out of alleged sexual abuse suffered by Plaintiff when she was a student at St. Aloysius. (TAC, ¶ 28.) In 1997, when Plaintiff was four years old, she participated in school related and after -school activities at St. Aloysius. (TAC, ¶¶ 30.) Father Benedict Van Der Putten (“Van Der Putten”) was a priest at St. Aloysius and he sexually abused and assaulted Plaintiff multiple times from 199...

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