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2024.05.16 Petitions to Confirm Arbitration Award, to Vacate Award 168
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.05.16
Excerpt: ...itted a unitary memoran dum of points and authorities in opposition to the petition to confirm and in support of their petition to vacate. As an initial matter, the court notes that this petition appears to have been filed in this court based on the erroneous belief that Menlo Pa rk— where the arbitration occurred —is in Santa Clara County. (Petition, ¶ 15.) Menlo Park is in San Mateo County. Nevertheless, Respondents have not objected to ...
2024.05.16 Motion for Summary Judgment, Adjudication 332
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.05.16
Excerpt: ... 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 15 May 2024. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo --- Order On Motion For Sum mary Judgment Or, Alternatively, Summary Adjudication, Against Plaintiffs Benito Hernandez And Monica Hernandez I. Statement of Facts. Plaintiffs Benito Hernandez, Monica Hernandez, and ...
2024.05.16 Petition to Compel Arbitration and Stay Proceedings 000
Location: Santa Clara
Judge: Adams, Charles F
Hearing Date: 2024.05.16
Excerpt: ...h, Inc.'s (“Trucker Path” ) petition to compel arbitration and stay court proceedings; and (2) Roady's motion to stay. The latter motion is opposed, while the former is not. As discussed below, Trucker Path's motion to compel arbitration and stay court proceedings is MOOT. The Court GRANTS Roady's motion to stay. I. BACKGROUND A. Factual According to the allegations of the operative complaint (“Complaint”), Mudflap is the creator of a ne...
2024.05.16 Demurrer 155
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2024.05.16
Excerpt: ... (“County”) and other defendants. According to the complaint, on July 31, 2022, Plaintiff was diagnosed with kidney stones at defendant St. Louise Regional Hospital. (Complaint at ¶ 2.1) St. Louis Regional Hospital is operated by def endant Santa Clara Valley Health & Hospital System. (Id. at ¶ 3.) Santa Clara Valley Health & Hospital System is operated by the County. (Id. at ¶ 4.) On August 1, 2022, defendant Dr. Amir Saffarian (“Dr. Sa...
2024.05.16 Demurrer 390
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.05.16
Excerpt: ...ns of the FAC, on December 27, 19 61, the Benson Estate gifted “O'Connor Hospital” a ten percent interest in property located at 95 S. Market Street, San Jose, California (“the Property”) under a probated will. (FAC, ¶¶ 6 -7.) Around 1965, Plaintiff began managing the Property on behalf of beneficiaries of the Estate of Robert Francis Benson. (“Benson Estate”)1 (FAC, ¶ 1.) In July 1974, the Property owners entered into a “50 -ye...
2024.05.16 Motion for Judgment on the Pleadings 624
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.05.16
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 15 May 2024. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo --- Order On Defendant John Doe 1's Motion For Judgment On The Pleadings I. Statement of Facts. In approximately 1977, plaintiff Jane Doe D.L. (“Plaintiff”) was enrolled as a ninth grade student at Oak Grove High School operate...
2024.05.16 Motion for Leave to File Complaint 083
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.05.16
Excerpt: ...f the permissive claims against the other cross -defendants. The court finds that defendants have not adequately explained how the crosscomplaint's allegations against Ahedo are compulsory in nature. As the court understands it, Ahedo's allegations against defendants are b ased on a claim of failure to pay proper wages under the Labor Code: Ahedo contends that Omega misclassified him and therefore failed to pay him overtime, to pay him for meal...
2024.05.16 Motion for Summary Judgment 673
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.05.16
Excerpt: ...obert Killingsworth (collect ively, “Defendants”).2 Plaintiffs allege that Travelers had a duty to defend or indemnify them in six underlying actions, and that Defendants engaged in a conspiracy with several nonparties to prevent Plaintiffs from obtaining the contractual benefits und er its tenant's general commercial liability insurance policy. Travelers and Tancredy have now filed a motion for summary judgment addressing all of the remain...
2024.05.16 Demurrer, Motion to Strike 095
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2024.05.16
Excerpt: ... stay at the Hotel from on or around March 12, 2023 until March 25, 2023. (Id. at ¶ 29.) However, due to a s evere b ug i n festati on at th e Ho te l , th ey were forced to vacate on M arch 2 0 , 2 0 2 3 . ( I b i d .) Pl ai n ti ffs noticed the bed bug infestation and complained to Defendant's managers or employees about the uninhabitable conditions in their hotel room, Room 126, but the bed bugs were not abated. (Compl., ¶¶ 30, 32.) After m...
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...
2024.05.16 Motion to Compel Responses, for Sanctions 101
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.05.16
Excerpt: ...FAs to respond; (2) INCIDENT was not defined specifically enough in the FIs; and (3) the RFP are not sufficiently limited in time; (4) RFP #9 asks for the private information of nonparty tenants, and Plaintiff refused to make modifications to the SIs in writing. In additi on, Defendants claim that Plaintiff's meet and confer efforts were insufficient and that the sanctions request does not comply with CCP §2023.040 and should be denied. Based...
2024.05.16 Motion to Stay Action 283
Location: Santa Clara
Judge: Adams, Charles F
Hearing Date: 2024.05.16
Excerpt: ...ay this action pendi ng resolution of the arbitration of Plaintiff's individual claims. As discussed below, the Court GRANTS Defendant's motion. I. BACKGROUND A. Factual According to the allegations of the operative Second Amended Complaint (“SAC”), Roadie is a company that provides delivery services throughout the country utilizing a crowdsourced delivery platform. (SAC, ¶ 10.) Plaintiff has worked for Roadie since June 2022 as a delivery d...
2024.05.16 Motion to Stay Action 907
Location: Santa Clara
Judge: Adams, Charles F
Hearing Date: 2024.05.16
Excerpt: ...ded” the actual time wo rked, among other Labor Code violations. Before the Court is Acadia's motion to stay this action pending resolution of Patricia J. Ryan v. Mission Treatment Services, Inc., et al. in Los Angeles County Superior Court, Case No. 22STCV22280 (the “Ryan PAGA Action”), which is unopposed. I. BACKGROUND According to the allegations of the operative complaint (“Complaint”), Defendants required Plaintiff and aggrieved em...
2024.05.16 Motions to Dismiss or Stay Proceedings for Forum Non Conveniens or to Stay Proceedings, for Leave to File FAC 568
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2024.05.16
Excerpt: ...efamation and emotional distress brought by plaintiff Shiue -Mei Kuo (“Kuo”) against defendants Chih -Ling Chou (“Chih -Ling”) and Sophia Chou (“Sophia”) (collectively, “Defendants”).2 According to the complaint, plaintiff Kuo, a resident of Taiwan , was employed as a professor at Mingshin University of Science and Technology, a private college also located in Taiwan. (Complaint at ¶¶ 1, 3.) Defendants are residents of Los Altos...
2024.05.16 Motion to Strike 884
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.05.16
Excerpt: ...Stier's RV Center LLC dba Camping World RV Sales, and various Does. On November 27, 2023, Plaintiffs dismissed Heartland Recreational Vehicles LLC and filed a Doe amendment naming Forest River, Inc. (“Forest River”) as a defendant in place of “Doe 1.” Plaintiffs also filed the operative first amended complaint (“FAC”) on the same date. The FAC states eight causes of action: (1) Violation of the Song- Beverly Consumer Warranty Act (...
2024.05.16 Motions to Compel Deposition, for Protective Order 240
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.05.16
Excerpt: ...equest for a protective order to govern the conduct of De Luna's counsel, David Chun, at future depositions, as well as a request for $5,858.15 in sanctions against De Luna and Chun, based on their conduct at De Luna's December 18, 2023 deposition. On March 6, 2024, De Luna filed a motion for protective order to govern the conduct of GCS's counsel, Adam Khan, at future depositions. This motion included a request to compel further deposition test...
2024.05.16 Motion to Compel Compliance with Doc Requests for Further Responses, to Compel Further Responses 170
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.05.16
Excerpt: ...r damages of $513,976 .93 contained in AMS's cross-complaint. CHA has also requested monetary sanctions against AMS with respect to each motion. 1. The Documents Motion On the date that AMS's opposition to this motion was due, AMS apparently provided supplemental responses to the document requests and also produced “500+ pages” of documents. AMS now argues that this motion has been resolved and that no monetary sanctions should be awarded. In...
2024.05.15 Motion for Final Approval of Settlement 238
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.05.15
Excerpt: ...orinthian Inter national Parking Services, Inc. (“Defendant”), alleging various Labor Code violations in 2015 (“Turner Action”). 1 On January 21, 2016, plaintiff Mykale Rocquemore (“Rocquemore”) filed a representative action against Defendant asserting a single claim for civil penalties under the Private Attorneys General Act of 2004 (“PAGA”) (“Rocquemore Action”). The PAGA claim is predicated on allegations that Defendant fa...
2024.05.15 Demurrer to SAC 274
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.05.15
Excerpt: ...: Plaintiff Brittany Jackson alleges she moved into the property at 1426 W 25th Street in Los Angeles, CA, to care for her ailing grandmother, Katie Mae Hawkins. On November 9, 2022, Hawkins passed away. Plaintiff Sylvia Sheridan is the daughter and successo r in interest to decedent Hawkins. Plaintiff Jackson alleges she continued to pay rent after her grandmother's death. On December 1, 2022, Defendant(s) Hawkins Real Property Management, LLC a...
2024.05.15 Motion for Approval of Amended Settlement 771
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.05.15
Excerpt: ... operative First Amen ded Complaint (“FAC”) against defendants Grocery Delivery EServices USA, Inc. and Insperity Business Services, L.P. on March 18, 2020. The FAC sets forth the following causes of action: (1) Violation of 15 U.S.C. §§ 1681b(b)(2)(A) (FCRA); (2) Violation of 15 U.S.C. §§ 1681d(a)(1) and 1681g(c) (FCRA); (3) Failure to Provide Meal Periods (Lab. Code §§ 204, 223, 226.7, 512 and 1198); (4) Failure to Provide Rest Period...
2024.05.15 Motion for Preliminary Approval of Class and Representative Action Settlement 792
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.05.15
Excerpt: ...int”) against defe ndant Fortinet, Inc. (“Defendant”) on February 3, 2023.1 The Complaint alleged class claims for violations of the Labor Code and the Unfair Competition Law (“UCL”). On February 27, 2023, plaintiff Lucas Andrews (“Lucas”) filed a First Amended Complaint (“ FAC”) in this action, which alleged class claims for violations of the Labor Code and the UCL.2 On September 26, 2023, Lauren and Lucas (collectively, “Pl...
2024.05.15 Motion for Final Approval of Settlement 656
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.05.15
Excerpt: ...ember 14, 2021, s ets forth causes of action for: (1) Failure to Pay Minimum Wages; (2) Failure to Pay Overtime Compensation; (3) Failure to Provide Meal Periods; (4) Failure to Authorize and Permit Rest Breaks; (5) Failure to Indemnify Necessary Business Expenses; (6) Fail ure to Timely Pay Final Wages at Termination; (7) Failure to Provide Accurate Itemized Wage Statements; (8) Unfair Business Practices; and (8) Civil Penalties Under PAGA. The ...
2024.05.15 Motion to Lift Stay 049
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.05.15
Excerpt: ... General Ac t (Labor Code §§ 2698, et seq.) (“PAGA”). On June 22, 2022, the parties submitted a Joint Stipulation to Submit Plaintiff's Individual PAGA Claim to Arbitration and Dismiss Without Prejudice Plaintiff's NonIndividual PAGA Claims; Proposed Order, which stat ed that “pursuant to the United States Supreme Court's recent decision in Viking River Cruises, Inc. v. Moriana, 596 U.S. __ (2022), the Parties have agreed that Plaintiff's...
2024.05.15 Petition to Compel Arbitration 638
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.05.15
Excerpt: ...”) against defend ant Naftoon, Inc. (“Defendant”), which alleged causes of action for: (1) Failure to Pay Minimum Wages [Cal. Lab. Code §§ 204, 1194, 1194.2, and 1197]; (2) Failure to Pay Overtime Compensation [Cal. Lab. Code §§ 1194 and 1198]; (3) Failure to Provide Meal P eriods [Cal. Lab. Code §§ 226.7 and 512]; (4) Failure to Authorize and Permit Rest Breaks [Cal. Lab. Code § 226.7]; (5) Failure to Indemnify Necessary Business Ex...
2024.05.14 Demurrers 173
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2024.05.14
Excerpt: ...1 United States of America – Internal Revenue Service, and Robert Bass, LLC (collectively, “Defendants”).2 According to the complaint, Defendants have a present ownership interest in or to real property located at 15814 Winchester Blvd. in Los Gatos, California (“Subject Property”). (Complaint at ¶¶ 13, 15.) Plaintiff Gardyn loaned money to Defendants to purchase and/or refinance the Subject Property. (Id. at ¶ 14.) On December 10, ...
2024.05.14 Demurrer 203
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2024.05.14
Excerpt: ...rovide a quote for the p ickup of products from a vendor in Indiana and to deliver those products to San Jose, California. (Id. at ¶ 8.) Defendants, through their employee Zaida Ladua (“Ladua”), emailed Plaintiff two quotes for a total price of $3,517.97 for the pickup and deliver y. (Id. at ¶ 9.) The quotes were good through March 1, 2022 and Defendants advertise that the quotes are binding for three days after the date of the quote. (Ibid...
2024.05.14 Demurrer 607
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.05.14
Excerpt: ...Real Estate Services (collectively, “A meriland”), Jose Adame (“Adame”), Silvia Ibarra (“Ibarra”), Benjamin Calderon, Domingo Armendariz, and Does 1 through 125 (collectively, “Defendants”). Petra is the mother of decedent Michael Daniel Zuniga -Macias (“Decedent”). (FAC, ¶ 21.) Jeremiah is Deced e n t 's brother. (Id. at ¶ 22.) Augustina owns the property at 490 Las Animas Ave., Gilroy (“490 Property”). (FAC, ¶ 6.) Reb...
2024.05.14 Demurrer to FAC 692
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2024.05.14
Excerpt: ...ording to the first amended complaint (“FAC”), on November 15, 2012, defendant Leal filed a complaint on behalf of his client, Anthony Tran (“Tran”), and against LaForge for breach of contract, fraud, conversion, and other claims arising out of the LED light business that LaForge developed. (FAC at ¶ 7.) The action was filed in Santa Clara County Superior Court as Anthony Tran v. Andre La Forge, et al. (case no. 112CV236232) (“Under...
2024.05.14 Demurrer, Motion to Strike FAC 445
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.05.14
Excerpt: ...nly over custody of the ir child, E.V., but also over E.V.'s gender identity. E.V. is currently four years old.1 According to the first amended complaint (“FAC”), E.V. attended SJDN's daycare for at least a year, during which time Defendants allegedly sided with Jorgensen and ag ainst Vieyra in affirming a male gender identity upon E.V., contrary to Vieyra's express wishes and instructions. (FAC, ¶ 8.) On October 4, 2022, Vieyra sent an ema...
2024.05.14 Motion to Compel Answers to Deposition 748
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.05.14
Excerpt: ... This matter was orig inally set for trial on April 2, 2024, but that date was continued to July 1, 2024 at the request of the parties. The court “barely” found good cause to continue that trial date but ultimately did so, given the ongoing, last -minute discovery disputes betw een the parties. (See March 7, 2024 Order at p. 6.) Those discovery disputes are now the subject of the present motions before the court. Doe 6 moves to compel answers...
2024.05.14 Motion for Summary Judgment, Adjudication 032
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.05.14
Excerpt: ... State Univers ity (“Defendant”) in 2014. (See complaint, ¶ 20.) Thereafter, Defendant discriminated against employees based on age and gender, harassed employees based on age and gender, fraudulently concealed wage and hour violations, misclassified workers, and faile d and refused to pay overtime wages. (See complaint, ¶ 21.) In January 2019, Plaintiff began experiencing serious, severe and pervasive harassment and discrimination based o...
2024.05.14 Special Motion to Strike, Motion to Strike, Demurrer 317
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.05.14
Excerpt: ...an Jos e. 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 13 May 2024. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo --- Orders on: (1) Defend ant Yevgeniy Babichev's Special Motion To Strike Claims In Plaintiff Kateryna Pomogaibo's Causes Of Action For Harassment And Intentional Infliction Of Emotional Distress In The First ...
2024.05.14 Motion to Stay Case 777
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.05.14
Excerpt: ... Promise, and Co ncealment. In the complaint, Defendant Tashjian (hereinafter “Defendant”) is accused of conducting a fraudulent real estate transaction in which Plaintiffs were induced to pay and release a total of $1,744,000.00 to Defendant Tashjian with no secured inte rest. The property was later lost to foreclosure before construction and sale could be completed. Plaintiffs filed a First Amended Complaint on January 1, 2024, against the...
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...
2024.05.14 Petition to Compel Arbitration 040
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2024.05.14
Excerpt: ...he terms of a binding and enforceable arbitration agreement that plaintiff Hugo Bravo Aragon (“Plaintiff”) executed on or about November 9, 2021, is GRANTED. Defendant's motion for an order dismissing this action is DENIED. Defendant's motion for alternatively staying this action pending [completion of the] arbitration of Plaintiff's claim is GRANTED. Federal and State Law Strongly Favor Enforcement of Arbitration Agreements Federal and Calif...
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...
2024.05.09 Motion for Summary Judgment 367
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.05.09
Excerpt: ..., 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 01 May 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Order On The Chia la Defendants' Motion For Summary Judgment. I. Background. A. Plaintiff's First Amended Complaint. Defendants George Chiala Farms, Inc. (“GCF”) and Chiala Family Property Management, ...
2024.05.09 Demurrer 148
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.05.09
Excerpt: ...��SAC,”) Plaintiff has been the owner of real property located at 2664 Senter Road, Unit No. 116, San Jose, California (“the Property”) since 1990. (SAC, ¶ 1.) FCMC is a collection agency and the “servicer of the beneficiary,” Wilmington Savings Fund, FSB (“Wilmington”). (SAC, ¶ 3.) Wilmingt on functions solely as a “Certificate of Trustee” of Bosco Credit VI Trust Series 2011 -1. (Ibid.) The SAC alleges Plaintiff signed a p...
2024.05.09 Demurrer, Motion to Strike Punitive Damages 710
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.05.09
Excerpt: ... San J ose. 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: (1) General Motors LLC's Demurrer To Plaintiffs' Second Amended Complaint; and (2) General Motors LLC's Motion To Strike Punitive Damages From Plaintiffs' Second Amended Complaint. I. Statement ...
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...
2024.05.09 Motion for Summary Judgment, Adjudication 772
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.05.09
Excerpt: ...in the property to Tam. (See complaint, ¶¶ 8 -9.) On January 13, 2017, Tam caused a grant deed (“Grant Deed 1”) to be recorded in the Santa Clara County Recorder's Office that purported to state that Plaintiff had granted and delivered to Tam a share of Plaintiff's property for no consideration in joint tenancy with Tam. (See complaint, ¶ 5.) However, Plaintiff never agreed to give Tam a share of the property. (Id.) On August 17, 2017, def...
2024.05.09 Motion to Compel Arbitration and Stay Proceedings 979
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.05.09
Excerpt: ...y 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 Defendant Sam baNova Systems, Inc. To Compel Arbitration and Stay Proceedings. I. Statement of Facts. Plaintiff filed this complaint on 19 December 2023.1 The complaint alleges cause of action for (1...
2024.05.09 Motion to Compel Responses, for Monetary Sanctions 954
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.05.09
Excerpt: ...al interrogatories; and (3) a motion to deem the truth of matters and the genuineness of documents specified in requests for admissions. In addition, Jabil has requested monetary sanctions in the amount of $30,825. Human Bees opposes the motions and requests $10,000 in sanc tions against Jabil. For the reasons that follow, the court GRANTS in part and DENIES in part the motion regarding documents; the court DENIES the motions regarding the inter...
2024.05.09 Motions to Compel Responses, for Sanctions 565
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.05.09
Excerpt: ...motion to compel further responses to interrogatories, and (3) a motion to compel further responses to requests for admissions. In addition, the City moves for monetary sanctions against defendants and their former attorney, Ana Vásquez, who withdrew from representation on Novemb er 21, 2023. Because Hitesh and Golden State are companies who are no longer represented by Vásquez or any other counsel, they are unable to appear, and they have not ...
2024.05.09 Petition to Confirm Arbitration Award 523
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.05.09
Excerpt: ...an unauthorized surreply (l abeled a “reply”) dated May 2, 2024 —Huang requests that the award be vacated, even though he has not filed a separate petition or notice of motion to vacate the award.3 Accordingly, the only petition properly before the court is one to confirm the award. But because the parties have combined all of their arguments in favor of confirming or vacating the award into five different briefs for this hearing —and...
2024.05.08 Motion for Preliminary of Approval of Settlement 968
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.05.08
Excerpt: ...vices, Inc. (“Def endant”) on July 21, 2022. The complaint alleged a single cause of action under the Private Attorneys General Act of 2004 (“PAGA”). Several months later, on November 17, 2022, Plaintiff filed a first amended complaint adding several class claims. Defendan t removed the action to federal court on December 16, 2022. On September 14, 2023, Plaintiff filed the operative second amended complaint (“SAC”), which alleges ...
2024.05.08 Motion for Preliminary of Approval of Settlement 401
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.05.08
Excerpt: ...) (“First Action”); and (2) Kenneth Nguyen v. Port Plastics, Inc. (Santa Clara County Superior Court, Case No. 22CV394403) (“Second Action”). The Representative Action Complaint filed in the First Action on February 15, 2022, set forth a single cause of action for Civil Penalties Pursuant to Labor Code §§ 2699, et seq. (“PAGA”) based on underlying wage and hour violations. The Class Action Complaint filed in the Second Action on F...
2024.05.08 Motion for Final Approval of Settlement 845
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.05.08
Excerpt: ...uses of action f or: (1) Violation of Labor Code §§ 510, 558, and 1194; (2) Violation of Labor Code §§ 226.7 and 512; (3) Violation of Labor Code § 2802; (4) Violation of Labor Code § 226; (5) Violation of Business and Professions Code §§ 17200, et seq.; and (6) Violation of Labor Code §§ 2698, et seq. (“PAGA”). The parties reached a settlement. Plaintiff Marie Rebelo Showalter (“Plaintiff”) moved for preliminary approval of the...
2024.05.08 Motion for Final Approval of Settlement 328
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.05.08
Excerpt: ...n for: (1) Fail ure to Pay Minimum Wages [Cal. Lab. Code §§ 204, 1194, 1194.2, and 1197]; (2) Failure to Pay Overtime Compensation [Cal. Lab. Code §§ 1194 and 1198]; (3) Failure to Provide Meal Periods [Cal. Lab. Code §§ 226.7, 512]; (4) Failure to Authorize and Permit Re st Breaks [Cal. Lab. Code § 226.7]; (5) Failure to Indemnify Necessary Business Expenses [Cal. Lab. Code § 2802]; (6) Failure to Timely Pay Final Wages at Termination [C...
2024.05.08 Motion for Final Approval of Class Representative Action Settlement 938
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.05.08
Excerpt: ...s General Act of 2004 (Labor Code §§ 2698, et seq.) (“PAGA”). On June 7, 2023, the court entered a Stipulation to Permit Filing of Consolidated Complaint; Order (“Stipulation”), which granted Plaintiff leave to file a consolidated complaint. The Stipulation states that Plainti ff filed a putative wage and hour class action, Sima Adami v. Prime Now LLC (Santa Clara County Superior Court, Case No. 21CV379287), in addition to her PAGA re...
2024.05.07 Motion for Summary Adjudication 228
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.05.07
Excerpt: ...and Melvin agreed to pay for these services and expenses on or before the 20th of each month. (See Complaint, First Cause of Action, ¶ BC -1, Exhibit A.) Melvin and his father, Clarke Cooper (“Clarke”) (collectively, “Defendants”), signed a promissory note in which they agre ed to pay principal and interest of 10 percent per annum in monthly installments of $5,000 on the 21st of each month, beginning on May 21, 2016. (Complaint, Third Ca...
2024.05.07 Demurrer 689
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.05.07
Excerpt: ...aint (“FAC”), ¶ 6.) In the summer of 2020, Long and Cordano invited Plaintiffs to participate as investors in Prime Impact. (FAC, ¶ 8.) On or around September 1, 2020, the parties entered into an agreement (“the Agreement”) whereby Plaintiffs became Investment Members of Prime Impact and McLea n became a manager of Prime Impact and sat on its Board of Directors. (Id. at ¶ 9.) The Agreement contains no provisions by which an Investment ...
2024.05.07 Demurrer to TAC 441
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.05.07
Excerpt: ...o sign certain vendor cr edit applications that, unbeknownst to Plaintiff, included personal guaranties against both Plaintiff and the CEO. (See TAC, ¶ 11.) On June 30, 2016, defendant Ron Jankov (“Jankov”) had Plaintiff sign an indemnification agreement concerning the personal guarantees on the credit application Plaintiff signed. (See TAC, ¶ 12.) Platinum also obtained insurance policies from Berkeley Select and expressly represented tha...
2024.05.07 Demurrer to TAC 545
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.05.07
Excerpt: ...posing 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 Defendant City Of Sacramento's De murrer To Plaintiff's Third Amended Complaint. I. Statement of Facts. Plaintiff David Martin (“Martin”), a self -represented litigant1, filed his original complaint in this action o...
2024.05.07 Demurrer, Motion to Strike 357
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.05.07
Excerpt: ... Petition (“SAC”), p. 3 .)1 Father was a patient of Regional Medical Center (“RMC”) in San Jose from March 13, 2019 to March 21, 2019. (Id. at p. 4.) RMC diagnosed Father with “basic influenza”; he was subsequently transferred to Defendants' rehabilitation facility; and then D efendants failed to investigate his past medical history and “overmedicated” him, which compromised his health. (Id. at pp. 4 -5.) Defendants further negle...
2024.05.07 Motion for Attorney Fees 559
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.05.07
Excerpt: ...rage duration for a SongBeverly case, though it is not unprecedented. The history of this case includes multiple discovery motions, multiple continuances of the trial date, and a summary adjudication motion filed by FCA as to one of the causes of action. The terms of the pa rties' settlement includes an award of attorney's fees, costs, and expenses to Plaintiffs as the prevailing party, but the parties are far apart in their views regarding the ...
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 for Summary Judgment 997
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.05.07
Excerpt: ...egligence and Premises Liability. The Premises Liability attachment checks boxes for negligence and failure to warn but does not check the box for dangerous condition of public property, which is the only basis for a premises liability claim against a public entity. Th e complaint admits in paragraph five that the City is a public entity. The narrative allegations on the General Negligence attachment state: On July 28, 2020 at around 7:15 pm, Pl...
2024.05.07 Motion to Compel Further Responses 156
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.05.07
Excerpt: ... Plaintiff said d uring an all-day meeting on July 18, 2018. Plaintiff makes no attempt to limit the subject of the matter of the statements to anything relevant, which it could have done. As such the request is DENIED. SI 16 and SI 17 In paragraph 22 of its cross -complain t, Defendant states that it “negotiated for a contractual mechanism to minimize its losses, to terminate and simply get out of the PPAS on mutually agreed and clear terms.�...
2024.05.07 Motion to Compel Further Responses 609
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.05.07
Excerpt: ...st supplement its response with a straightforward answer to this contention interrogatory. GRANTED. Special Interrogatory No. 2: Because the answer to this interrogatory relies entirely on the evasive and insufficient answer to Interrogatory No. 1, GM must supplement its response to this interrogatory with a straightforward answer. GRANTED. Special Interrogatory No. 3: Because the answer to this interrogatory relies entirely on the evasive and in...
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...
2024.05.07 Petition for Relief from Provisions of Government Code 704
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.05.07
Excerpt: ...On January 31, 2023, Plaintiff sued Defendant for negligence. On April 13, 2023, Defendant presented a claim against the Courty of Santa Clara (“County”) for personal injuries that he sustained in the bicycle accident with Plaintiff. Defendant specified that the County was li able pursuant to Govt. Code § 835 (dangerous condition) and it indicated that that Plaintiff, an employee of the DOT, was involved in the injury to Defendant. See Ex. ...
2024.05.07 Motion for Summary Judgment, Adjudication 349
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.05.07
Excerpt: ...party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 06 May 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Order On Defendants And Cross - Comp lainants Neil Jesani And Beamalife Corporation's Motion For Summary Judgment, Or Alternatively, Summary Adjudication. I. Statement of Facts. Complaint In the operative complaint, plain...
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, 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 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 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 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 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 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 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 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 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 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...
2024.05.01 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...
2024.05.01 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 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...
2024.04.30 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...
2024.04.30 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 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 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 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 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 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 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 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 ...
2024.04.25 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 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 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 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 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...
2024.04.25 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,...

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