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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 Compel Arbitration 287
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.05.02
Excerpt: .... Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 01 May 2024. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo --- Order On Motion Of Defe ndants To Compel Arbitration. I. Statement of Facts. Plaintiff filed this complaint on 18 August 2023.5 the complaint states a cause of action for dependent adult abuse [Welfare & Institutio...
2024.05.02 Motion to Strike 458
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.05.02
Excerpt: ...ty op posing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 3 May 2024. Please specify the issue to be contested when calling the Court and Counsel. Order On Defendant S1 51, LLC's Motion To Strike I . Statement of Facts This is a landlord -tenant matter. Plaintiffs Linda Thy and her minor child (collectively, “Plaintiffs”) lived in a rental property located at 500 Race Street, San...
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...
2024.05.02 Demurrer, Motion to Strike 103
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.05.02
Excerpt: ...FAC, ¶ 10.) Thirthala and Garlapati are the owners of the Property. (FAC, ¶ 6.) Mr. Medina is over the age of 80. (Id. at ¶ 11.) On April 8, 2022, Mr. Medina received notice from the senior regional manager of BAP, which stated that the owners of the building intended to relocate to the area an d move into Plaintiffs' unit. (FAC, ¶ 12.) The Property owners, and manager, had knowledge that the owners would not actually move into Plaintiffs' un...
2024.05.02 Motion for Leave to Amend, to Compel Arbitration 169
Location: Santa Clara
Judge: Adams, Charles F
Hearing Date: 2024.05.02
Excerpt: ...'s motion for leave to amend and (2) Defendant's motion to compel Plaintiff to arbitrate his individual PAGA claim and stay the representative PAGA claim pending the outcome of the arbitration. Both motions are opposed. As discussed below, the Court GRANTS IN PART and DENI ES IN PART the motion for leave to amend and GRANTS the motion to compel arbitration and issue a stay. I. BACKGROUND Plaintiff was employed as a sales representative for Defend...
2024.05.02 Motion for Class Certification 072
Location: Santa Clara
Judge: Adams, Charles F
Hearing Date: 2024.05.02
Excerpt: ... Plaintiff M argalara Safi sued her employer Defendants Fogo de Chao Churrascaria (San Jose), LLC; Fogo de Chao, Inc. ("FDC"); and Fogo de Chao Churrascaria (California), LLC (collectively, “Defendants”), for various wage and hour violations. Her complaint asserts caus es of action for: (1) failure to provide meal periods; (2) failure to authorize and permit rest periods; (3) failure to pay minimum wages; (4) failure to pay overtime ...
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 Motion to Compel Further Responses 803
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.05.02
Excerpt: ... Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 01 May 2024. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo--- Orders On Discovery Motions of Defendants. Orders On Discovery Motions of Defendants. 02 May 2024 Page 1 of 6 I. Statement of Facts. Plaintiff filed this complaint on 22 of August 2022.4 The complaint alleges causes ...
2024.05.02 Motion to Compel Production of Discovery 557
Location: Santa Clara
Judge: Adams, Charles F
Hearing Date: 2024.05.02
Excerpt: ...on. A s a preliminary matter, Google filed a motion to seal some of its papers file in opposition to Plaintiffs' motion to compel. The parties represent that they are meeting and conferring regarding issues related to Google's motion to seal. The parties have stipulated, and the court has ordered that Google shall file its motion to seal Plaintiff's moving papers by June 13, 2024 and Plaintiff may oppose Google's motion to seal its opposition ...
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 Quash Service of Summons and Complaint 467
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.05.02
Excerpt: ...ase agreement with CFEP (“Agreeme nt,”) and Edward Fields, a managing member of Westfield (“Fields” or “Defendant,”) executed a written Guaranty of Lease (the “Guaranty”) (Complaint, ¶¶ 11 -13.) As part of Plaintiff's acquisition, CFEP assigned its “rights, title, and interest,” in both the Agreement and Guaranty, to Plaintiff. (Complaint, ¶ 14.) After Plaintiff became the landlord of the Subject Building, Westfield and F...
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...
2024.05.01 Motion for Summary Judgment, Adjudication 878
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.05.01
Excerpt: ...Company's (“Evanston ”) (collectively with Underwriters, the “18/19 Tower Insurers”), Continental Casualty Company's (“Continental”), Allied World Specialty Insurance Company's (“Allied World”), and Endurance Risk Solutions Assurance Company's (“Endurance”) (collectively with Continental and Allied World, the “19/20 Tower Insurers”) alleged refusal to pay plaintiff Zoom Video Communications, Inc. (“Zoom”) money that is...
2024.05.01 Motion for Preliminary Approval of Class and Representative Action Settlement 218
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.05.01
Excerpt: ...endant Satellite Healthcare, Inc. (“Defendant”) on September 30, 2021. Soliman then filed a First Amended Class Action Complaint (“FAC”) on January 25, 2022, which set forth causes of action for: (1) Failure to Pay Lawful Wages; (2) Failure to Provide Lawful Meal Periods or Compensation in Lieu Thereof; (3) Failure to Provide Lawful Rest Periods or Compensation in Lieu Thereof; (4) Failure to Reimburse Employee Expenses; (5) Failure to P...
2024.05.01 Motion for Issue or Terminating Sanctions 019
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.05.01
Excerpt: ... (collectively, “Plaintiffs”) filed a Complaint alleging causes of action for: (1) Failure to Pay Minimum Wage (Lab. Code § 1194 and IWC Wage Orders); (2) Failure to Pay Overtime (Lab. Code §§ 510, 1194); (3) Failure to Provide Authorized Meal Periods (Lab. Code §§ 226.7, 512, IWC Wage Orders); (4) Failure to Provide Authorized Rest Periods (Lab. Code §§ 226.7, 512, IWC Wage Orders); (5) Failure to Pay All Wages Upon Discharge (Lab. C...
2024.04.30 Motion for Judgment on the Pleadings 925
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.04.30
Excerpt: ...rst Street, San Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 29 April 2024. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo --- Order on Motion of Defendant Peter Xu Zhong For Judgment on the Pleadings. I. Statement of Facts. Plaintiffs Chun Yu Lu and Ming Yi Lai (collectively, “Plaintiffs”) allege that on or about ...
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 ...
2024.04.30 Demurrer 783
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.04.30
Excerpt: ...case on July 5, 2023; it filed the operative first amended complaint (“FAC”) on November 2, 2023. This case is preceded by three other cases between Lebar and Kim that were filed in 2022: two unlawful detainer actions that are now closed, as well as a civil action for damages by Kim against Lebar that is scheduled to go to trial on September 30, 2024. The parties both conducted dental businesses at 1240 Scott Boulevard, Santa Clara, Califo...
2024.04.30 Demurrer to FACC 934
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.04.30
Excerpt: ...pposin g the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 29 April 2024. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo --- Order On Cross -Defendant Niloufar Dehko rdi's Demurrer To Cross -Complainant South Valley Construction, Inc's First Amended Cross - Complaint. I. Statement of Facts. Complaint Defendants Jamielee Miller (sued as Jamielee C. ...
2024.04.30 Motion for Terminating Sanctions or to Compel Responses 513
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.04.30
Excerpt: ...nc. filed an action to have a co nservator appointed over Lorraine. (See FAC, ¶ 11.) Plaintiff retained defendant Howard G. Frank dba The Law Office of Howard G. Frank (“Defendant”) to represent her as a beneficiary of the Korpontinos 1988 Revocable Trust Agreement (“Trust”) and the subtrusts —the Lorraine A. Korpontinos Survivor's Trust (“Survivor's Trust”), the Lorraine A. Korpontinos Marital Trust (“Marital Trust”), and th...
2024.04.30 Motion for Leave to File Amended Complaint 520
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.04.30
Excerpt: ...y o pposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 29 April 2024. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo --- Order on Motion of Plaintiff For Leave to File an Amended Complaint. I. Statement of Facts. Plaintiff filed this complaint on 28 September 20181 while representing himself in propria persona. Defendant answered the compla...
2024.04.30 Motion for Leave to File FACC 107
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.04.30
Excerpt: ...h First Street, San Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 29 April 2024. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo --- Order on Motion of Defendant/Cross -Complainant Albert Yeong For Leave to File First Amended Cross -Complaint. I. Statement of Facts. Plaintiff Giuliani Construction and Restoration, Inc. �...
2024.04.30 Motion for Summary Judgment
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.04.30
Excerpt: ... statutory fee -shifting provision do es not indicate any restrictions on how the fee award is to be calculated, it is presumed that the Legislature intended courts to use the prevailing lodestar adjustment method. Pasternack v. McCullough, 65 Cal. App. 5th 1050, 1055 (2021). The method begins with calculation of the lodestar, i.e. the number of hours reasonably expended multiplied by the reasonable hourly rate. Id. The lodestar figure may then ...
2024.04.30 Motion to Strike 330
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.04.30
Excerpt: ...ond amended complaint (“SA C”) on October 3, 2023, after the court overruled in part and sustained in part a demurrer to the first amended complaint. There are also cross -actions. Encore filed a cross - complaint against Hacker on June 9, 2023, stating causes of action for breach of fiduciary duty, conversion, common counts, and imposition of a constructive trust. Hacker brought a demurrer to this cross -complaint, which the court sustain...
2024.04.25 Motion for Leave to File FAC, Application for Dismissal of Action 159
Location: Santa Clara
Judge: Takaichi, Drew C
Hearing Date: 2024.04.25
Excerpt: ...hiring, supervision, and retention of employee, and punitive damages. On September 8, 2023, Defendants filed demurrer to the complaint and motion to strike portions of the complaint. Plaintiff did not file opposition. On January 16, 2024, the demurrer was sustained with 20 days l eave to amend, and the motion to strike was granted. On March 5, 2024, Plaintiff filed the instant motion and application for leave to file first amended complaint ...
2024.04.25 Demurrer 188
Location: Santa Clara
Judge: Takaichi, Drew C
Hearing Date: 2024.04.25
Excerpt: ...um”). (Id.) While leaning a gainst a railing in the south end zone to take a photograph, the railing gave way. (Id.) The railing failed because it was not properly constructed, maintained, inspected, and secured. (Id.) Plaintiff Benson fell several feet with her back striking a concr ete border at field level below. (Id.) Plaintiff Benson required transportation by paramedics to a local trauma center for serious low back injuries that persist ...
2024.04.25 Demurrer to FAC 401
Location: Santa Clara
Judge: Adams, Charles F
Hearing Date: 2024.04.25
Excerpt: ... below, the Court SU STAINS the demurrer WITH LEAVE TO AMEND and deems the motion to strike MOOT. I. BACKGROUND According to the allegations of the operative FAC, Ms. Lazard worked as a per diem clinical nurse at O'Connor Hospital in San Jose from March 2019 to September 2022. (FAC, ¶ 6.) Plaintiff alleges that County's engages in practices that result in her and class members not being compensated for all work performed, including: paying emplo...
2024.04.25 Demurrer to FAC 441
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2024.04.25
Excerpt: ...ing Systems Inc.2 (“ATS”) (collectively, “Defendants”). According to the first amended complaint (“FAC”), BioDot designs and manufactures precision liquid dispensing and material -handling systems used by corporate customers to manufacture diagnostic tests. (FAC at ¶ 3.) ATS is a multi -national conglomerate that builds automation systems for many industries, including medical devices, pharmaceuticals, telecommunications, semiconduc...
2024.04.25 Demurrer, Motion to Strike 045
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.04.25
Excerpt: ...papers and the com plaint, the court rules as follows: 1. Fraud Causes of Action Although it is not entirely clear, it appears that the core allegations of Castro's complaint are fraud allegations, as set forth in the fifth cause of action (“violation of Civil Code § 1572”), sixth cause of action (“fraud”), and eighth cause of action (“intentional misrepresentation”). Castro contends that he defaulted on a home loan that was procure...
2024.04.25 Motion for Approval of PAGA Settlement 573
Location: Santa Clara
Judge: Adams, Charles F
Hearing Date: 2024.04.25
Excerpt: ..., among oth er Labor Code violations. Before the Court is Plaintiff's motion for approval of PAGA settlement, which is unopposed. As discussed below, the Court GRANTS Plaintiff's motion. I. BACKGROUND According to the allegations of the operative First Amended Compla int (“FAC”), Plaintiff was employed by Defendant as a client care coordinator, a non -exempt, hourly -paid position, from July 2020 to May 16, 2022. (FAC, ¶ 11.) Plaintiff alleg...
2024.04.25 Motion for Approval of PAGA Settlement 899
Location: Santa Clara
Judge: Adams, Charles F
Hearing Date: 2024.04.25
Excerpt: ...s, among other Labor Code violations. Before the Court is Plaintiffs' motion for approval of PAGA settlement, which is unopposed. As discussed below, the Court GRANTS Plaintiffs' motion. I. BACKGROUND According to the allegations of the operative First Amended Complain t (“FAC”), Ms. Quijada was employed by Defendant from February 22, 2021 to April 19, 2021 as an Assistant Manager, a non -exempt, hourly position, while Mr. Azar was employed i...
2024.04.25 Motion for Judgment on the Pleadings 506
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2024.04.25
Excerpt: ...area of Santa Clara County. While driving, a cow escaped from Defendants' pasture and wandered onto the road and into the path of Plaintiff's travel. The cow caused a violent collision and resulted in injuries and damages to Plaintiff. On October 27, 2023, Plaintiff filed an amend ed Judicial Form Complaint against Defendants, asserting the following three causes of action: 1) General Negligence; 2) Strict Liability; and 3) Negligence Per Se. On...
2024.04.25 Motion for Leave to Amend Answer 696
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.04.25
Excerpt: ...ng trial date of July 1, 2024, the court GRANTS the motion. As an initial matter, the court agrees with Plaintiff that this proposed amendment comes extraordinarily late in the case, long after the original trial dates of May 30, 2023 and August 14, 2023. At the same time, the co urt is unmoved by Plaintiff's contention that this motion is an effort to “sandbag” him. Having reviewed the file in this case, including Judge Kuhnle's November 3,...
2024.04.25 Motion to Withdraw as Counsel 622
Location: Santa Clara
Judge: Adams, Charles F
Hearing Date: 2024.04.25
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...
2024.04.25 Motion for Preliminary Approval of Settlement 229
Location: Santa Clara
Judge: Adams, Charles F
Hearing Date: 2024.04.25
Excerpt: ...ushrooms throughout North America with multiple large-scale farms located in California, committed various wage and hour violations. Before the Court is Plaintiffs' motion for preliminary approval of settlement, which is unopposed. As discussed below, the Court GRANTS the mo tion. I. BACKGROUND Plaintiffs allege that Defendant's payroll, timekeeping, and wage and hour practices resulted in numerous Labor Code violations. More specifically, Plain...
2024.04.25 Motion for Summary Judgment 448
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.04.25
Excerpt: ...act contract (based on Lerma's use of a credit card); (3) common count— money lent; (4) common count —money paid on request; (5) common count —open book account; and (6) common count — account stated. Attached to the complaint as Exhibit A is a copy of the Visa credit card agreeme nt upon which the first cause of action is based. (See Complaint, ¶ BC -1.) While the credit card agreement is not signed by either party, paragraph 1 states,...
2024.04.25 Motion for Terminating Sanctions 799
Location: Santa Clara
Judge: Takaichi, Drew C
Hearing Date: 2024.04.25
Excerpt: ...ntiff has not filed r eply to opposition. Analysis Code of Civil Procedures section 473, subdivision (b) in pertinent part here, provides: “(b) The court may … relieve a party or his or her legal representatives from a judgment, dismissal, order or other proceeding taken agains t him or her through his or her mistake, inadvertence, surprise or excusable neglect. … the court shall , whenever an application for relief is made … is accompan...
2024.04.25 Motion to Compel Arbitration and Stay Action Pending Arbitration 929
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.04.25
Excerpt: ...t, ¶¶ 17-18, exh. A.) Paragraph 10 of the agreement states: 10. Arbitration. Any controversy or claim (except those regarding Inventions, Proprietary Information or intellectual property) arising out of or relating to this Agreement, or the breach thereof shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment on the award rendered by the arbitrator may be entered...
2024.04.25 Motion to Compel Deposition of PMQ 571
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.04.25
Excerpt: ...9, he entered into a warra nty contract with Defendant and purchased a defective 2019 Chevrolet Silverado 1500 (“Subject Vehicle”) that was manufactured by Defendant. (Complaint, ¶¶ 12, 14, 28 - 30.) In connection with this purchase, Plaintiff received an express written warranty prov iding that Defendants would repair the Vehicle in the event it developed a defect during the warranty period. (Id., ¶¶ 14, 16, 18 -19; Ex. 1.) Plaintiff als...
2024.04.25 Motion to Compel Further Responses 408
Location: Santa Clara
Judge: Adams, Charles F
Hearing Date: 2024.04.25
Excerpt: ...cifically, Plaintiffs request the production of sample class transaction data relevant to Plaintiffs' “Authorize Positive, Post Negative”1 (the “APPN Data”) claim against Stanford. (Plaintiffs' Motion to Compel Further Reponses (“MTC,”) p. 5.) Plaintiffs also seek monetary sa nctions. Stanford has opposed the motion and Plaintiffs have filed a reply. For the reasons discussed below, the Court DENIES Plaintiffs' motion to compel. Con...
2024.04.25 Motion to Compel Production of Discovery 557
Location: Santa Clara
Judge: Adams, Charles F
Hearing Date: 2024.04.25
Excerpt: ...on. A s a preliminary matter, Google filed a motion to seal some of its papers file in opposition to Plaintiffs' motion to compel. The parties represent that they are meeting and conferring regarding issues related to Google's motion to seal. The parties have stipulated, and the court has ordered that Google shall file its motion to seal Plaintiff's moving papers by June 13, 2024 and Plaintiff may oppose Google's motion to seal its opposition ...
2024.04.25 Motion to Declare Vexatious Litigant, to Vacate Judgment 432
Location: Santa Clara
Judge: Takaichi, Drew C
Hearing Date: 2024.04.25
Excerpt: ...vision (b) provides al ternative definitions of a “vexatious litigant”. The motion of Defendant seeks determination that Plaintiff is a vexatious litigant pursuant to subdivisions (b)(2)and b(2) of the section. Subdivision (b)(2) describes as a vexatious litigant a person who: “(2) After a litigation has been finally determined against the person, repeatedly relitigates or attempts to relitigate, in -propria persona, either (i) the validi...
2024.04.25 Motion to Vacate Judgment 417
Location: Santa Clara
Judge: Takaichi, Drew C
Hearing Date: 2024.04.25
Excerpt: ...tion 998. On October 18, 2023, Defendant accepted the offers. Upon discovery of the acceptance, attorney Dolan, lead trial counsel for Plaintiffs in the action, spoke with attorney Kirby and staff, and Plaintiffs, and learned that Plaintiffs had not given informed consent to atto rney Kirby to submit the 998 offers, and hence, attorney Kirby had no authority to submit the 998 offers to Defendant. On October 19, 2023, Attorney Dolan notified atto...
2024.04.24 Motion to Seal and Amended Joinder 785
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.04.24
Excerpt: ...o license Old DivX' s codec software. (Complaint, ¶ 1.) In 2013, Plaintiff and Old DivX allegedly amended the contract so Plaintiff could purchase a perpetual license to the Old DivX decoder software. (Id. at ¶ 2.) Plaintiff subsequently paid the perpetual license fee. ( Ibid.) Plaintiff alleges that it continued using, and reporting its use of, the perpetually licensed Old DivX software for the next eight years without any issues or disputes. ...
2024.04.24 Motion to Compel Arbitration 329
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.04.24
Excerpt: ...lleges causes of action for: (1) Failure to Reimburse Expenses Pursuant to Labor Code § 2802; (2) Violation of Business & Professions Code § 16600 and Labor Code § 432.5; (3) Violation of Business & Professions Code § 17200; (4) Penalties Pursuant to Labor Code §§ 2699, et seq. (“PAGA”). Now before the court is defendant loanDepot.com, LLC's (“Defendant”) motion to compel arbitration of plaintiff Betty Sha's (“Plaintiff”) indivi...
2024.04.24 Motion for Preliminary Approval of Settlement 527
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.04.24
Excerpt: ..., Case No. 21CV 384527) (“First Action”); (2) Kathleen O'Brien v. Cerida Investment Corp., et al. (Santa Clara County Superior Court, Case No. 21CV384529) (“Second Action”). The Representative Action Complaint filed in the First Action on July 20, 2021, sets forth a sing le cause of action for Violation of the Private Attorneys General Act (Labor Code §§ 2698 et seq.). The Class Action Complaint filed in the Second Action on July 20, ...
2024.04.24 Motion for Leave to File FAC 934
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.04.24
Excerpt: ... and related st atutory penalties on behalf of all non -exempt registered nurses working at Regional Medical Center from October 22, 2019, to the present. The Class Action Complaint for Damages (“Complaint”), filed on October 23, 2020, sets forth causes of action for: (1) Failure to Provide Meal Periods or Compensation in Lieu Thereof [Cal. Lab. Code §§ 512, 226.7 and Wage Order 5 -2001]; (2) Failure to Provide Rest Periods or Compensation...
2024.04.24 Motion for Approval of the PAGA Settlement 965
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.04.24
Excerpt: ...r Penalties Pursuant to Labor Code § 2699, et seq. for violations of Labor Code §§ 201, 202, 203, 226(a), 226.7, and 2802. Defendant moved to compel arbitration of Plaintiff's individual PAGA claim and dismiss Plaintiff's representative PAGA claim. Plaintiff opposed the motio n. On May 18, 2023, the court denied Defendant's motion to compel arbitration. Defendant appealed the court's order. Subsequently, the parties reached a settlement of the...
2024.04.23 Motion to Quash Subpoena, to Compel Compliance with Subpoena 400
Location: Santa Clara
Judge: Takaichi, Drew C
Hearing Date: 2024.04.23
Excerpt: ...), alleging first cause of action f or negligence-unprofessional inadequate security, second cause of action for commercial premises liability and third cause of action for failure to warn of dangerous condition on business premises. According to the allegations of the FAC, on or about May 5 , 2018, security personnel of Restaurant witnessed attacks unfolding inside Restaurant's premises involving Decedent and an alleged assailant. Security pers...

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