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2023.06.22 Motion to Set Aside Dismissal 877
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.06.22
Excerpt: ...st Amended Complaint "FAC", 1.) Plaintiff initiated the lawsuit on April 8, 2019 and filed an FAC on July 8, 2019. On October 22, 2019, Plaintiff failed to appear for a further case management conference and the Court set an order to show cause why the case should not be dismissed for February 27, 2020. Plaintiff appeared at that OSC and the Court set a further CMC for June 23, 2020. On November 3, 21020, the Court held and the Plaintiff failed t...
2023.06.22 Motion for Judgment on the Pleadings 723
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.06.22
Excerpt: ...'s homeowners' association hired John Sachs to do some plumbing in Kondori's condominium. (Complaint, '1 11.) Sachs' work was allegedly defective and caused various damages to Kondori, who filed suit regarding the matter on January 29, 2016. (Complaint, '1 12.) One of the defendants in the action was Apex. (ld.) In doing the work on Kondori's condominium, Sachs falsely claimed to be doing business as Apex. (Complaint, 13.) Apex was owned and oper...
2023.06.22 Demurrer to FAC 741
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.06.22
Excerpt: ...t (Govt. Code 554950, et. seq.) ("Brown Act") when it awarded a contract for stables concessionaire at Bear Creek Stables to Chaparral Country Corporation ("Chaparral"). (FAC, '1 1.) Plaintiff alleges Midpen is a California voter created independent district, i.e„ a local government that provides specialized service to the public that local cities and counties do not provide and that Midpen is subject to California's laws pertaining to governme...
2023.06.22 Motion for Summary Judgment, Adjudication 452
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.06.22
Excerpt: ...ehicle") manufactured and/or distributed by KA. (SAC, 9.) In connection with the purchase, Plaintiff received an express warranty pursuant to which Defendant was to preserve or maintain the Vehicle's utility or performance or provide compensation in the case of failure in a specified period of time. (ld., '1 10.) During the warranty period, the Vehicle contained or developed numerous defects including, but not limited to: defects relating to the ...
2023.06.20 Motion to Compel Further Responses 750
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.06.20
Excerpt: ...ntiff Santa Clara County Federal Credit Union ("Credit Union") alleges Defendants Avelino David Cargile and his mother, Caneisha Howell, opened a checking account with $.22 in it, fraudulent money orders (either directly or through a third party Jared Yarber) that the Credit Union initially accepted, then withdrew funds from the account creating a negative balance of $5,981.29. (Complaint, "5-6, 11-14.) On December 9, 2022, Credit Union served Re...
2023.06.20 Demurrer 412 (2)
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.06.20
Excerpt: ... from 2020 until November 8, 2021. (FAC, 3-4, 23.) In the summer of 2021, PCHA implemented a policy to collect its employees' health data. (FAC, 10.) PCHA specifically sought out Bobbit's COVID-19 vaccination status. (FAC, 11.) On August 9, 2021, Bobbit submitted her vaccination status to PCHA, in an attempt to get a "religious accommodation". (FAC, 12.) PCHA sought to obtain additional medical information from Bobbit by stating "she was required...
2023.06.15 Motion to Set Aside Default, Judgment 458
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.06.15
Excerpt: ...for breach of contract, negligence, fraud and deceit, intentional/negligent misrepresentation; violation of business and professions code section 17200 et. seq., and breach of the covenant of good faith and fair dealing. On December 30, 2020, Plaintiffs filed proofs of service for each of the three Defendants. Those proofs of service were signed under penalty of perjury by Gary Genest and state that Mr. Genest attempted to serve Defendants at 740...
2023.06.15 Motion to Set Aside Default 807
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.06.15
Excerpt: ...by false pretenses from Defendant Productfy, Inc. The claims allegedly arise out of a Master Subscription Agreement the parties entered on November 11, 2021. According to the Complaint, Taekus seeks $632,260.66 in compensatory damages (which it seeks to treble for count four) and restitution and attorneys' fees and costs. The Summons and Complaint were served on Productfy's agent for service of process on November 3, 2022. When Productfy failed t...
2023.06.15 Motion for Summary Adjudication 766
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.06.15
Excerpt: ...�� Quach & Lien LLC ("QL") — for the purpose of operating a supermarket in Santa Clara County. The day of QL's formation and registration, Quach also formed and registered QREI. (Complaint, 10-12, Exhibits A and 8.) Huynh, Lien, Lai, Irene Lee and QREI each received a percentage membership interest in QL in exchange for their respective initial investment amounts (totaling $2 million), with Huynh obtsning a 20% interest, Lien, Lai and Lee each ...
2023.06.15 Motion for Leave to File Amended Complaint 561
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.06.15
Excerpt: ...egligence. Plaintiffs, brothers Zachary and Michael Daniel Kow-tz, and their company Bay Surplus Technology, LLC ("Bay Surplus") hired Defendant/cross-complainant Michael David Kowitz (Zachary and Michael's father), at the urging of their grandmother (Michael's mother) Defendant Patricia Ladd, to work with them. (Third Amended Complaint ("TAC"), "1-4, 10.) In that capacity, Michael acted as Bay Surplu
2023.06.13 Motion for Attorney Fees 775
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.06.13
Excerpt: ...he three would own 33% of the business. The company was formed by "seven written agreements whereby Plaintiff was provided the role of Chief Technology Officer (CTO) landl Defendant with the role of Chief Executive Offcer (CEO) and President. . ." Plaintiff alleged that despite his understanding that he was a joint owner, Defendant "unduly fired Plaintiff from his position and company" depriving him of some $600,000 in unpaid wages in breach of t...
2023.06.08 Demurrer 332
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.06.08
Excerpt: ...tive AC, Wilson was employed by SoundHound, a digital voice application company, from approximately November 29, 2011 until August 30, 2019. (AC, 11'112-13.) Wilson, who was initially hired as a Principal Engineer and later promoted to Architect, created a significant amount of the company's intellectual property and was an integral employee. (ld., '1 14.) Over the course of his seven-and-a-half year employment, in addition to a yearly base salar...
2023.06.08 Demurrer 210
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.06.08
Excerpt: ...rence Tuggle, Jr. ("Decedent"), a 66-year old African American man, was admitted to Santa Clara Valley Medical Center ("VMC"). (Complaint, 19.) Decedent was discharged in a wheelchair on December 6, 2021 at 2:55 pm and was found approximately an hour and thirty-five minutes later, alone and nonresponsive in the VMC lobby. (ld., 21-23.) Efforts to resuscitate Decedent, which were supervised by Dr. Sobrero, were unsuccessful and he was declared dea...
2023.06.08 Motion for Judgment on the Pleadings 765
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.06.08
Excerpt: ...017 Ford F-150 (the "Vehicle"), which was manufactured and/or distributed by Ford. (FAC, 9.) In connection with the purchase, Plaintiffs received various warranties, including a 3-year/36,OOO-mile express bumper to bumper warranty, a 5-year/60,OOO-mile powertrain warranty which covers the engine and the transmission, as well as various emissions warranties that exceed the time and mileage limitations of the bumper to bumper and powertrain warrant...
2023.06.08 Demurrer 889
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.06.08
Excerpt: ...Atlas (the "Vehicle"). (Complaint, 15.) Defects and nonconformities manifested themselves within the applicable warranty period. (Complaint, 16.) Dardin-Box delivered the Vehicle to Cardinale for repair on numerous occasions, however, Cardinale failed to properly repair the Vehicle. (Complaint, 41-43.) Dardin-Box initiated this action on December 20, 2022, asserting: (1) violation of Song-Beverly Act- breach of express warranty; (2) violation of ...
2023.06.08 Motion for Summary Judgment 336
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.06.08
Excerpt: ...vided to Defendants' insured. Plaintiff is a medical services provider. (SAC, 1.) Defendant California Natural Products ("CNP"), a food preparations' business, arranges for the provision of health care services to its enrollees and the payment or reimbursement of the cost of those services. (ld„ '13.) HCS, a third-party claims administrator, works in such a capacity for CNP pursuant to a contractual agreement. (ld., 2, 10; HCS's Separate Statem...
2023.06.01 Motion to Correct Discovery Order 991
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.06.01
Excerpt: ...hearing concerned Plaintiff's Motion to Compel Defendants' Further Responses to Form and Special Interrogatories, Requests for Production and Requests for Admission and for Sanctions and Defendants' Motion for Protectve Order. The Court issued its tentative ruling on February 10, 2023, denying sanctions and granting, in part, the motions to compel and for protective order. However, the substance of those rulings is not the subject of Defendants' ...
2023.06.01 Motion to Compel Deposition of PMK, for Sanctions 332
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.06.01
Excerpt: ... and deposition dates for SoundHound's person most knowledgeable deposition. Plaintiff first asked SoundHound for dates in November 2021. Plaintiff followed up again on February 4, 2022 and June 24, 2022 and did not receive dates. On July 18, 2022, Plaintiff served a notce of deposition for August 17, 2022. On August 11, 2022, SoundHound served objections, stated it "will not be producing a witness on August 17, 2022" and provided no alternative ...
2023.06.01 Motion for Judgment on the Pleadings 800
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.06.01
Excerpt: ... to live together until 2019. (FAC, 4.) Around December 2012, they got married. (FAC, 5.) In December 2014, they had a wedding reception and invited their friends and family to celebrate their union. (FAC, '16.) In June 2014, they moved into a house they picked and purchased together, located at 10791 Dougherty Avenue, Morgan Hill, California 95037 (the "Property"). (FAC, '1 7.) Dang's friends and family loaned her approximately $140,000, which s...
2023.06.01 Motion for Attorney Fees 454
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.06.01
Excerpt: ...ection 17200 et. seq. Defendants answered the complaint on December 19, 2019. According to the Complaint, Mr. Bettelheim owns a condominium unit in the Pigeon Loft Condominium Project ("Property"). (Complaint, 93.) Defendant Lorenzo Rios was acting as the director on the board of the Pigeon Loft Condominium Association ("HOA") despite not being elected to that position. (Complaint, 94.) Defendant Norma Rios is his wife, also acted as a director o...
2023.06.01 Demurrer to FAC, Motion to Strike 419
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.06.01
Excerpt: ...his action arises out of an allegedly wrongful foreclosure of a residential property. According to the operative FAC, in August 2004 Turner purchased the property located at 315 Grandpark Circle in San Jose (the "Property"), which was secured by a Deed of Trust ("DOT") held by World Savings Bank. (FAC, 9-10.) The DOT is now held by both Shellpoint and Trinity; Trinity foreclosed on the Property by virtue of its position as second lienholder and s...
2023.05.30 Motion to Quash Service of Summons 312
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.05.30
Excerpt: ... On December 29, 2022, Plaintiff filed its Proof of Service of Summons ("Proof of Service"). The initial proof of service filed with the Court reflects substituted service having been effectuated at 1746 Comstock Lane, San Jose, California ("Comstock Residence") on December 28, 2022 at 11:08 AM by registered process service Tasia Stone ("Ms. Stone"). (See Plaintiff's Proof of Service, p. 1, "1 4, 5(b).) Ms. Stone delivered the documents to Maria ...
2023.05.30 Demurrer 621
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.05.30
Excerpt: ...ract with Sinaga, in which Defendants agreed to remodel the property located at 1277 Camino Ramon, San Jose, California 95125 (the "Property"), provide all the labor and materials, and complete the remodel in a good and workmanlike fashion. (Complaint, '1 13.) The contract price was for $351, 057.00. (ld.) Sinaga alleges she performed her obligations under the contract whereas Defendants breached the contract by performing negligent construction,...
2023.05.25 Motions to Compel 954
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.05.25
Excerpt: ..., Ma filed a cross-complaint against Malek for breach of contract, fraud, embezzlement, breach of fiduciary duty, account stated and breach of duty of good faith and fair dealing. Malek alleges he formed iTronix, a Silicon Valley based company specializing in in the contract manufacture of printed circuit boards used in electronic devices and their components. In January 2017, Malek agreed to transfer 15% of iTronix shares to Ma, such that from t...
2023.05.25 Motion to Dismiss 165
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.05.25
Excerpt: ...in August 2016 where the case was delayed for a period of one year. Based on the Complaint and attachments embedded therein, the case appears to arise out of an incident that took place while Rostram was an Uber driver in San Francisco on August 13, 2016. On June 13, 2019, the Court granted Uber's petition to compel arbitration. On December 17, 2021, the Court denied Uber's motion to dismiss ostensibly on the grounds that the issue of whether the...

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