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2023.06.06 Demurrer 970
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2023.06.06
Excerpt: ...fendants"). The operative Complaint filed on January 17, 2023 alleges that Defendants recorded a judgment lien on April 3, 2019, which operates as a cloud on the title of Plaintiffs' residence. (Complaint, 26.) The judgment lien was the last in a series of abstracts of judgments entered in a case between Defendant Cintora and Plaintiff Clifford Stanley and his former company, Bad Boys Bail Bonds, Inc. (Complaint at '1 14.) The court first entered...
2023.06.06 Demurrer 314
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2023.06.06
Excerpt: ...d an Answer to the FAC on September 23, 2022, followed by the operative Amended Answer to the FAC on January 10, 2023. Currently before the court are two motions: Zhou's demurrer to the Amended Answer, filed on February 9, 2023, contending that assertons therein fail to provide sufficient facts to constitute a defense or that the defense is uncertain, and Zhou's motion to disqualify the attorney representing We Party, Shanshan Zou. Regarding the ...
2023.06.06 Demurrer 105
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2023.06.06
Excerpt: ...e of achon for breach of contract on January 12, 2023. As noted in the court's prior order on demurrerl : Plaintiff is self- represented, which is sometmes referred to as appearing in propria persona. "[Wlhen a litigant is appearing in propria persona, he is entitled to the same, but no greater, consideration than other litigants and attorneys. Further, the in propria persona litigant is held to the same restrictive rules of procedure as an attor...
2023.06.01 Motion for Summary Judgment, Adjudication 250
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2023.06.01
Excerpt: ...d. He filed the operative Second Amended Complaint ("SAC") on March 1, 2021, after retaining counsel. The SAC states claims for: (1) Breach of Contract (the insurance policy, a copy of which is submitted as Exhibit A to the SAC); (2) Fraud and Deceit (based on a denial of coverage letter which is not attached to the SAC as an exhibit); (3) "Intentional/Negligent Misrepresentation" (two separate causes of action pled as one, also based on the deni...
2023.05.30 Motion for Summary Judgment 876
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2023.05.30
Excerpt: ...ot allege the specific location where Hsieh was injured. It asserts the general negligence claim against defendants 852-850 Villa Street LLC, Frederick Chen, Mark Chen, Don Baker, Douglas Watson (collectively, the "Villa Street Defendants") and various Does. The narratve on the "General Negligence" attachment states, somewhat generically, that "Defendants ... so negligently owned, occupied, managed, maintained or controlled certain real property,...
2023.05.30 Motion for Judgment on the Pleadings 905
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2023.05.30
Excerpt: ... RealPage as a "System Administrator" from September 2017 until his termination on September 30, 2019. The complaint alleges that Hix was misclassified by his employers as an exempt employee and paid a fixed salary even though Hix was primarily engaged in performing nonexempt duties. (Complaint, "1 15-15.) Hix allegedly worked a substantial amount of overtime but was never paid overtime wages and did not qualify for exemption from overtme law. (l...
2023.05.30 Demurrer 972
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2023.05.30
Excerpt: ... and that Roth Financial would see a 50% return within the first year. (ld. at '1 11.) Liddle subsequently disappeared with Roth Financial's money, in breach of their alleged fiduciary relationship, leaving Roth Financial unable to locate Liddle until a year ago. (Complaint, '1 8.) Roth Financial alleges that the induced investment was a security and that Liddle's actions constitute securities fraud, entitling Roth Financial to treble damages and...
2023.05.25 Motions for Summary Judgment, Adjudication 367
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2023.05.25
Excerpt: ...n violation of the Fair Employment and Housing Act (FEHA); (2) Age Discrimination in violation of the FEHA; (3) Disabil-ty Discriminaton in violation of the FEHA; (4) Failure to Accommodate Disability in violation of the FEHA; (5) Harassment in violation of the FEHA; (6) Failure to Prevent Harassment in violation of the FEHA; and (7) Retaliation in violation of the FEHA. The fifth cause of action for harassment is alleged against all defendants. ...
2023.05.25 Motion to Transfer Venue 449
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2023.05.25
Excerpt: ...uld exercise its discretion to transfer this case to Stanislaus County for the convenience of witnesses and the ends of justice, under Code of Civil Procedure section 397, subdivision (c). The court concludes that Santa Clara County is a proper venue under Code of Civil Procedure section 395.5, and that any motion under secton 397 is premature, given that no defendant has answered the complaint. Accordingly, the motion is denied. II. BACKGROUND O...
2023.05.25 Motion to Compel Depositions, to Continue Summary Judgment Hearing Date 047
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2023.05.25
Excerpt: ... the court finds that at least some of the requested deposition testimony is relevant to the summary judgment motion and that there would be no material prejudice to continuing the moton hearing date by 30 days. The court therefore GRANTS IN PART the motion to compel and GRANTS the motion for a 30-day continuance of the summary judgment hearing. II. BACKGROUND Newman became a resident of Manor Care, a skilled nursing and rehabilitation facility, ...
2023.05.25 Demurrer, Motion to Strike 281
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2023.05.25
Excerpt: ...ading northbound on Interstate 280 in Cupertino, California. (Complaint, '1 12.) The car in which Cao was riding was struck twice by a car operated by defendant Dante Martinez Escamilla, who was reported to be driving under the influence. (Ibid.) upon the second collision, the car containing Cao ran off the road and hit a tree. (ld., at "1 12, 39.) Among other things, the complaint alleges that if adequate safety measures had been placed on the f...
2023.05.23 Motion to Compel Further Responses 673
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2023.05.23
Excerpt: ...first set of requests for production of documents" as to the same defendant. The court finds that the earlier "first set" that is the subject of the current motion was superseded by the subsequent "first set" that the court addressed on April 4. Accordingly, this motion is denied as moot. Plaintiffs Whispering Oaks Residential Care Facility LLC, Whispering Oaks RCF Management Co. Inc., and Naren Chaganti ("Plaintiffs") originally served a "First ...
2023.05.23 Motion to Disqualify Attorney 314
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2023.05.23
Excerpt: ...ENIED. At the outset, it is important to note that Ren does not claim a current or former attorney-client relationship with Zou. Normally, a party must have had an attorney-client relationship with an opposing attorney in order to have standing to bring a moton to disqualify. (See Jarvis v. Jarvis (2019) 33 Cal.App.5th 113, 131-133.) A non-client may still move for disqualification of opposing counsel in certain limited circumstances. In this cas...
2023.05.18 Motion for Summary Judgment, Adjudication 455
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2023.05.18
Excerpt: ...nal and still-operative form complaint on December 3, 2019, and it states two causes of action: (1) General Negligence, and (2) Premises Liability. There are no exhibits attached to the complaint. The complaint refers collectively to the "Defendants" and does not make any distinction between DL Bar and La Senda. The only narrative portions of the complaint are attachments for General Negligence and Premises Liability. The first of these (the Gene...
2023.05.18 Motion for Leave to Amend 756
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2023.05.18
Excerpt: ...n the complaint is barred because the purpose ofthe lease was "deemed illegal by the City of San Jose." • In '1 10, changing Anatomage's admission that it "terminated its Lease due [tol the Landlord's improper and unlawful conduct" to an admission that it "vacated Suite 100 of the subject Premises after being served with Plaintiff's Notice to Cure or Quit dated September 19, 2019, and thereafter vacated Suites 650 and 700 .. . due [tol the Land...
2023.05.18 Motion for Judgment on the Pleadings 929
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2023.05.18
Excerpt: ...y is where Mummah resided at the time of commencement of the acton. On April 22, 2022, Li filed the operative first amended complaint for declaratory relief ("FAC"). On September 2, 2022 Mummah filed: 1. Answer to the FAC; and 2. Cross-complaint for Violation of Federal and California Fair Debt Collection Practices Acts ("FDCPA") ("cross-complaint"). The cross-complaint names Li's attorney, Scott A. Flaxman, as cross-defendant. On March 5, 2023, ...
2023.05.18 Demurrer 435
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2023.05.18
Excerpt: ...pired on January 31, 2023. (Comp'. at '16.) It further alleges that the expired tenancy was exempt from the Tenant Protecton Act of 2019 under two provisions: (1) Civil Code section 1946.2, subdivision (a) (stating in pertinent part that the Act only applies "after a tenant has continuously and lawfully occupied a residential real property for 12 months"), and (2) Civil Code section 1946.2, subdivision (e)(4) (stating that the Act does not apply ...
2023.05.16 Motion to Declare Vexatious Litigant 396
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2023.05.16
Excerpt: ...ourt GRANTS Cisco motion. The court also finds that Cisco has demonstrated "no reasonable likelihood" of Ali's prevailing in this action and that it is therefore entitled to an order that Ali post a security before continuing this litigation. Nevertheless, the court finds no evidentiary basis for the $250,000 requested by Cisco and therefore orders the parties to appear to address the question of the appropriate amount. Code of Civil Procedure se...
2023.05.16 Motion for Leave to Amend Complaint 894
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2023.05.16
Excerpt: ...e of Civil Procedure section 340.1, subdivision (b)(l), does not apply to the conduct alleged here. Accordingly, the court denies the motion. As an initial matter, the court notes that the complaint names three defendants (in addition to Doe defendants): the Church, the Corporation of the President of the Church of Jesus Christ of Latter- Day Saints (the "Corporation of the President"), and Phil Stewart, a former bishop. The motion is unclear, ho...
2023.05.11 Motion to Lift Automatic Stay of Discovery 831
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2023.05.11
Excerpt: ...hat certain limited discovery is needed in order to oppose the motons. Having reviewed the submissions of the parties, the court grants in part and denies in part the motion to lift the stay of discovery: • Subpoena for documents from Stanford: GRANTED. The court finds that White has shown good cause to obtain documents from Stanford relating to: (1) any complaints of sexual assault against White by the defendants, and (2) complaints of any nat...
2023.05.09 Motion to Consolidate Cases, to Strike 314
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2023.05.09
Excerpt: ...el; (4) Fraud; (5) Unfair Business Practice[s]; (5) Unjust Enrichment; (7) Money Paid; (8) Accounting; and (9) Conspiracy. She alleged that defendants Wu, Hu and Li were all the alter egos of We Party. We Party brought a demurrer to the original complaint, as well as a motion to strike the complaint's request for punitive damages. Ren, now self-represented, filed oppositions to the demurrer and motion to strike. Ren also filed a motion for leave ...
2023.05.09 Demurrer 844
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2023.05.09
Excerpt: ...all defendants: (1) Wrongful Death; (2) Survival Action — General Negligence; (3) Breach of Implied Contract; (4) Breach of Contract; (5) Violation of California Education Code secton 65270; (6) Loss of Consortium; (7) Negligent Infliction of Emotional Distress; and (8) Intentional Infliction of Emotional Distress. There are no exhibits attached to the complaint.3 Currently before the court is a demurrer by defendant The Board of Trustees of th...
2023.05.04 Demurrer, Motion to Strike 345
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2023.05.04
Excerpt: ...h the original complaint and the first amended complaint, which were sustained or granted in part. Latessa filed her operative second amended complaint ("SAC") on December 30, 2022. Defendants filed the present demurrer and motion to strike on January 31, 2023. II. FACTUAL ALLEGATIONS IN THE SAC After successfully applying to Stanford's Botha-Chan Entrepreneurship Innovation Program in 2021, the parties allegedly formed a joint venture partnershi...
2023.04.27 Petition to Compel Arbitration 523
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2023.04.27
Excerpt: ...ed partnership agreement that established KCLP ("Limited Partnership Agreement"). That Limited Partnership Agreement for KCLP contains an arbitration clause to which the parties are all signatories. The JAMS arbitration is currently scheduled for a hearing on the merits on October 16-20, 2023, with the same attorneys as in this case. Huang now argues that the present case falls outside the sco# of the Limited Partnership Agreement—and, therefor...
2023.04.27 Motion to Reopen Discovery 367
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2023.04.27
Excerpt: ...February 21, 2023, but of an unfortunate delay in the clerk's office in setting the hearing on Defendants' motions for summary judgment, this court (Judge Kirwan) continued the trial date to July 3, 2023, at Defendants' request. No party requested that the original discovery deadlines be continued, and so Judge Kirwan did not continue the original fact discovery deadline of January 23, 2023. The motions for summary judgment are now scheduled to b...

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