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5967 Results

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2024.01.30 Petition for Relief from Claim Requirement, Demurrer 690
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.01.30
Excerpt: ...s action arises out of the death of Michael Sirota and is brought by Shinkarsky, Sirota's wife, on behalf of herself and her two minor children. (Complaint, p. 6.) On March 10, 2022, Sirota was driving in Sunnyvale when he began to experience chest pains. (Ibid.) He called 911 but the call was disconnected. (Ibid.) His second call was patched through to Sunnyvale Department of Public Safety (“DPS”) and it lasted about eight minutes during whi...
2024.01.30 Motion for Summary Judgment, Adjudication 367
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.01.30
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 29 January 2024. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo--- Order On Cross-Defendant Ameri-Kleen's Motion For Summary Judgment, Or Alternatively, Summary Adjudication. I. Statement of Facts. A. Plainti¯'s First Amended Complaint. Defendants George Chiala Farms...
2024.01.30 Demurrer 030
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.01.30
Excerpt: ...Services (“786”), and Irfan Pathan (“Pathan”) (collectively, “Cross- Defendants”) on December 22, 2022. On July 11, 2023, the court sustained in part and overruled in part Kurnss demurrer to the cross-complaint, with leave to amend. Mahameed and Omari then Þled a Þrst amended cross-complaint (“FACC”) on July 20, 2023. In the FACC, Mahameed and Omari allege ownership of the property at 2110 Maykirk Rd., San Jose, CA (the “Subj...
2024.01.30 Demurrer 542
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.01.30
Excerpt: ...a foreclosure on February 3, 2021. (FAC, ¶¶ 27-28.) Clear Recon is a corporation that served as the trustee in the foreclosure sale. (FAC, ¶¶ 20, 28.) Aldridge Pite, LLP, is a law Þrm that represented Clear Recon in its handling of the foreclosure sale. (FAC, ¶¶ 21, 29.) Plainti¯s home was purchased at a trustee sale conducted by Clear Recon. (FAC, ¶ 28.) The trustees deed upon sale shows that, after the payment of the unpaid debt, th...
2024.01.30 Motions to Enforce Settlement Agreements 194
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.01.30
Excerpt: ...�consolidate” the cases or the limited purpose o hearing these motions. Deendants Þled a single opposition brie on January 17, 2024, and Valley Water Þled a single reply brie on January 23, 2024. The court GRANTS Valley Water's motions to enorce the settlement agreements. There is no dispute that the parties entered into settlement agreements in 2022. There is no dispute that the parties agreed that the court would retain jurisdiction o...
2024.01.30 Motion for Attorney Fees 855
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.01.30
Excerpt: ...¯icient for the court to make a speciÞc award. The court therefore CONTINUES the hearing on this motion to April 30, 2024 at 9:00 a.m. Guerrero shall Þle additional billing records (attached to one or more declarations) to support the motion by no later than March 26, 2024; Arch Vet may Þle a supplemental opposition by April 15, 2024; and Guerrero may Þle a supplemental reply brief by April 22, 2024. First, the court is well aware that deta...
2024.01.30 Motion for Summary Adjudication 458
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.01.30
Excerpt: ...ountain View LLC (“Palmetto”), Oto Development, LLC (“Oto”), Lusardi Construction Company (“Lusardi”), Simmons Glass and Window, Inc. (“Simmons”) and Hyatt Corporation (“Hyatt”). (Id. at ¶¶ 1, 11-14.) Plainti¯ alleges that on August 7, 2020, while using the shower in her hotel room, the shower door exploded onto her, causing severe bodily injuries and other damages. (4AC, ¶ 1.) According to Plainti¯, the named defendant...
2024.01.30 Demurrer 810
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.01.30
Excerpt: ...) According to the TAC, Plainti¯'s p e t i t i o n f o r d i v o r c e w a s Þled on January 7, 2014, and she and her former spouse needed to sell the Property as part of their marital dissolution. (TAC, ¶¶ 16, 18.) Plainti¯ was distraught at the prospect of losing the home she had lived in for 16 years. (TAC, ¶ 19.) In December 2016, a mutual friend introduced Plainti¯ and Mr. Xie, who had Þled for dissolution of his own marriage. (TA...
2024.01.30 Motion for Summary Judgment, Adjudication 679
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.01.30
Excerpt: ...t, 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 January 2024. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo--- Order on Motion of Plainti¯ C2K Architecture, Inc. for Summary Judgment Or Adjudication. I. Statement of Facts. Plainti¯ C2K Architecture, Inc. (“C2K”) is an architectural, planning, and design...
2024.01.30 Motion to Compel Depositions of Witnesses 066
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.01.30
Excerpt: ...positions will be taken in person. In addition, the court GRANTS IN PART defendants request for monetary sanctions, in the amount of $5,734.20; the court DENIES GDKs request for sanctions. The court has reviewed the meet-and-confer correspondence submitted by the parties. It appears that the parties spent a signiÞcant amount of time negotiating and then agreeing to a schedule by which all of the party depositions would take place in March and ...
2024.01.30 Motion to Compel Production of Docs, for Monetary Sanctions 851
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.01.30
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 29 January 2024. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo--- Order on Motion Of Plainti¯ To Compel Defendants To Produce Responsive Documents and for Monetary Sanctions. I. Statement of Facts. Plainti¯ Þled this complaint on 02 November 2022.1 Plainti¯ alleges ...
2024.01.30 Motion to Confirm Matter is Stayed 810
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.01.30
Excerpt: ...ent of the judgment or order, but the trial court may proceed upon any other matter embraced in the action and not a¯ected by the judgment or order.” The question is therefore whether the order denying the Tenney defendants' motion to compel arbitration embraces or a¯ects the instant motion for good faith settlement between Plainti¯s and the Avalon defendants. Defendant Riddle claims that the Tenney Defendants' appeal of the order denying...
2024.01.30 Motion to Disqualify Counsel 647
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.01.30
Excerpt: ...awyer is likely to be a witness unless: (1) the lawyer's testimony relates to an uncontested issue or matter; (2) the lawyer's testimony relates to the nature and value of legal services rendered in the case; or (3) the lawyer has obtained informed written consent* from the client. . . (b) A lawyer may act as advocate in a trial in which another lawyer in the lawyer's Þrm* is likely to be called as a witness unless precluded from doing so by rul...
2024.01.30 Motion to Strike, for New Trial 053
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.01.30
Excerpt: ... into a fee agreement that included an arbitration provision. (See Petition, ¶ 5, exh. A.) During RHRC's representation of Shah, a dispute arose between RHRC and Shah regarding Shah's failure to pay fees owed under the fee agreement, and as a result, RHRC withdrew as Shah's counsel on June 17, 2020. (See Petition, ¶ 6.) On August 4, 2020, RHRC served Shah with a notice of client's right to arbitration. (See Petition, ¶ 7.) On February 18, 2022...
2024.01.25 Motion to Strike 356
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.01.25
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 24 January 2024. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order On Valley Fabrication, Inc.'s Motion To Strike Portions Of Plaintiff's [First Amended] Complaint. l. Statement of Facts. Carlos Jimenez Cruz ("Decedent") sustained fatal injuries as a direct result o...
2024.01.25 Motion to Compel Further Responses 457
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2024.01.25
Excerpt: ...ompel Defendant to further respond to Sl set two, served by Plaintiff pursuant to Code of Civil Procedure ("CCP") section 2030.300. (Motion at 2.) Particularly, Plaintiff seeks further response to Sl nos. 103, 104, and 105. (Mohon at 2-3.) Sl no. 103 asks Defendant to "identify all internal memorandums sent or received by Defendant from January 1, 2008 to December 31, 2011 relating to nerve damage associated with the Miradry System". (Sl at '1 9....
2024.01.25 Motion to Compel Further Responses 397
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.01.25
Excerpt: ...hecking the box for a "Limited" civil case, and indicating that the amount demanded was "$10,000 or less." Marowitz represents himself in this action. Marowitz propounded 153 discovery requests on Lisi (115 form interrogatories, 13 special interrogatories, 14 requests for admissions, and 11 requests for production of documents), even though each side is entitled to propound a maximum of 35 discovery requests on an opposing party in a limited civi...
2024.01.25 Motion for Sanctions 702
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2024.01.25
Excerpt: ...their motion for sanctions: CCP section CCP section 128.5 and california Rule of court (CRC) 2.30(b). CCP section 128 CCP section 128 states that "(a) Every court shall have the power to do all of the following: (5) To control in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every matter pertaining thereto." (ld.) While CCP secton 128 does...
2024.01.25 Motion for Judgment on the Pleadings 666
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.01.25
Excerpt: ...Dornon Kuehn, The Carpet Butler, John Lee, James Young, and William C. Dresser. Hartman's verified complaint alleges the following causes of action: 1. Conspiracy to Harm Plaintiff and His Real and Personal Property and Injunctive Relief — Against All Defendants 2. Unfair Business Practices — Against Koshy P. George and KPGCPA Financial Services Inc. 3. Abate Public Nuisance and Private Nuisance and Criminal Nuisance (Penal Code 370 — illeg...
2024.01.25 Demurrer, Motion to Strike 357
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.01.25
Excerpt: ...d Jocelyn Guerrero (collectively, "Plaintiffs") against defendants Equity Residential Management, LLC and Transunion Rental Screening Solutions, Inc. (collectively, "Defendants"). The original and still-operative complaint filed on March 22, 2023 alleges three causes of action: (1) Violations of the ICRAA (Civ. Code, S 1786); (2) Invasion of Privacy; and (3) Declaratory Relief. According to the complaint, Plaintiffs were all prospective tenants o...
2024.01.25 Demurrer 867
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.01.25
Excerpt: ...intiff SB entered into a written agreement ("The Contract") with Northstar Truck Lines, Inc. ("Northstar")l pursuant to which the former agreed to provide "truck hauling" services to the latter. (SAC, 8-9, 23; Ex. 1.) In June 2018, while providing services to Northstar at a site in Mountain View, California, SB's truck damaged a building. (SAC, 10-11.) On September 21, 2018, Plaintiffs obtained a bid from a company named Chana Constructon to repa...
2024.01.25 Demurrer 155
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.01.25
Excerpt: ...AC, 7.) GSC leased the Premises as the result of the assignment of a Food and Beverage Concession Agreement to GSC between City and Areas USA SJC, LLC ("Areas"). (Ibid.) With City's consent, Areas assigned its interest in the contract to GSC. (Ibid.) Pursuant to the assignment, GSC acquired Areas' rights as Concessionaire under a Concession Subcontract between Areas and MSJA. (FAC, 8.) Under this subcontract, MSJA subleased the Premises as the su...
2024.01.24 Application for Leave to Amend Complaint 142
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.01.24
Excerpt: ... process of building a modern, multifamily residential apartment complex and mixed-use project comprised of two 28-story towers and a below grade parking garage (the "Project"). (FAC, '1 2.) As a result of groundwater intrusion and flood events, SJSC was forced to halt and/or delay construction of the SJSC Towers Project and incur substantial groundwater flood related mitigation, remediation, and restoration/repair costs. (ld. at 3, 5, 42, & 51-5...
2024.01.24 Motion for Final Approval of Settlement 260
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.01.24
Excerpt: ...f action: (1) Failure to Provide Meal Periods; (2) Failure to Permit Rest Breaks; (3) Failure to Provide Accurate Itemized Wage Statements; (4) Failure to Pay All Wages Due upon Separation of Employment; (5) Violation of Business and Professions Code SS 17200, et seq. ("UCL"); (6) Failure to Reimburse Business Expenses; and (7) Enforcement of Labor Code S 2698 et seq. ("PAGA"). The parties reached a settlement. Plaintiff Tracee Sheppard ("Plainti...
2024.01.24 Motion for Final Approval of Settlement 777
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.01.24
Excerpt: ... The operative Second Amended Complaint ("SAC"), filed on January 27, 2022, sets forth the following causes of action: (1) Failure to Pay Minimum Wages; (2) Failure to Pay Overtime Wages; (3) Failure to Provide Meal Periods; (4) Failure to Permit Rest Breaks; (5) Failure to Provide Accurate Itemized Wage Statements; (6) Failure to Pay All Wages Due upon Separation of Employment; (7) Violation of Business and Professions Code SS 17200, et seq.; an...
2024.01.24 Motion for Summary Judgment, Adjudication 238
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.01.24
Excerpt: ...tornevs investigation and prosecution of police misconduct. On December 10, 2021, the City filed a Verified Complaint for Declaratory Relief ("Complaint") seeking a judicial determination as to the scope of the District Attorney's access to police officer records under Penal Code section 832.7, subdivision (a). (Complaint, "1 8, 41, & 44.) Specifically, the City asked for determinations as to whether it may disclose police officer personnel recor...
2024.01.24 Motion for Final Approval of Settlement 961
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.01.24
Excerpt: ...ets forth causes of action for: (1) Failure to Pay All Wages; (2) Failure to Provide Meal Periods or Compensation in Lieu Thereof; (3) Failure to Permit Rest Periods or Provide Compensation in Lieu Thereof; (4) Knowing and Intentional Failure to Provide Accurate Itemized Wage Statements; (5) Waiting Time Penalties; (6) Failure to Reimburse Business Expenses; (7) Violations of Unfair Competition Law; and (8) Violation of the Private Attorneys Gene...
2024.01.23 Motion for Summary Judgment, Adjudication 532
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.01.23
Excerpt: ...ed recorded on August 23, 2017, Madeleine Tashjian and Dutchints Development, LLC ("Dutchints") acquired title and interest to the Property. (Declaration of Brent Roles ["Roles Decl."l, 2, Ex. 1; UMF No. 1.) In December 2017, Madeleine and Dutchints entered a loan agreement with a group of private lenders that was secured by a deed of trust recorded against the Property ("First DOT"). (Roles Decl. '1 3, Ex. 2; UMF No. 2.) In December 2017, Madele...
2024.01.23 Demurrer 721
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.01.23
Excerpt: ...ative first amended complaint ("FAC") on May 5, 2023. The FAC states causes of achon for: (1) Sexual Assault of a Minor (alleged against Doe 2 only, who is referred to as the "Perpetrator"); and (2) Negligence of District and Employees (alleged against Doe 1 only). Plaintiffs allege that the sexual abuse and assaults took place during the 1973-1974 school year and that some of the alleged sexual abuse of Rodvold and all of the alleged abuse of Me...
2024.01.23 Demurrer, Motion to Strike 264
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.01.23
Excerpt: ...ed by GM. (FAC, 6.) In connection with the purchase, Plaintiff entered a warranty contract with GM. (FAC, '1 7.) During the express warranty period, defects, and nonconformities, such as transmission, suspension, electrical defects, manifested. (FAC, '1 11.) Plaintiff specifically alleges defects with the 8-speed transmission ("Transmission Defect"). (FAC, '160.) Plaintiff alleges GM and its representatives were unable to service or repair the Ve...
2024.01.23 Demurrer, Motion to Strike 442
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.01.23
Excerpt: ...saw GM's window sticker that contained important information about the subject vehicle and spoke with the salespeople at Courtesy Chevrolet who told her about the vehicle's key features, components and reliability but failed to inform Plaintiff about the Cooling System Defect. (See FAC, 8.) However, GM knew since 2010 that the 2011 and newer Chevrolet Cruze vehicles contained design and/or manufacturing defects in their engine cooling system that...
2024.01.23 Motion for Leave to File Amended Complaint 651
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.01.23
Excerpt: ...th describes his proposed amendments as follows: (1) addition of Doe Defendant 1 Gilberto Garcia, who is being added since defendant ("Maria Garcia") signed an Interspousal Grant Deed transferring her entire interest in her property to this individual ("Gilberto Garcia"), (2) An addition of a cause of action, expanding to clarify existing cause of actions, based on facts that have already been pleaded (3) Additions to Plaintiffs prayer based on t...
2024.01.23 Demurrer to FAC 274
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.01.23
Excerpt: ..."SCSC") located in Santa Clara County, upon recruitment by her swim coach, Mitch Ivey ("Ivey") in 1976. (ld., 4, 16-17.) Plaintiff was 16 years old when she first joined SCSC. (ld., 11.) While Ivey coached at SCSC, he "quickly gained a reputation for making inappropriate advances towards his young, female swimmers." (ld., 11.) Plaintiff further alleges that beginning in 1976 both SCSC and the City knew or had reason to know "that Ivey was engagin...
2024.01.23 Motion to Compel Further Responses 702
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.01.23
Excerpt: ... plush 10% interest. Gorilla Circuits disputes that it ever agreed to pay a higher price for stencils and therefore that the money is owed. In the present motion, Gorilla Circuits seeks to compel Stencil Master's further responses to Request for Production Nos. 1-9. II. Legal Standard Discovery is generally permitted "regarding any matter, not privileged, that is relevant to the subject matter inwlved in the pending action or to the determination...
2024.01.23 Motion to Strike Complaint 418
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.01.23
Excerpt: ...McManis with other counsel. The original and still-operative complaint, filed on May 4, 2023, states three causes of action: (1) Conversion; (2) Fraud; and (3) Breach of Fiduciary Duty. Cooper filed an answer to the complaint on June 20, 2023. Now before the court is Cooper's motion to strike the complaint, filed on August 16, 2023, nearly two months after his answer. Plaintiff opposes the motion. 4 II. MOTION TO STRIKE THE COMPLAINT A. General L...
2024.01.23 Motion to Strike, Demurrer 383
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.01.23
Excerpt: ... Plaintiff is a general electrician of Afghan origin and the Muslim faith. Plaintiff was hired in February of 2021 and was fired three months later in April of 2021, at the age of 44. Plaintiff was again dispatched by his union to work for Redwood Electric in October of 2021, but he was not hired. During his employment, Plaintiff's foreman, Mr. Little, inappropriately commented on Plaintiff's origin and/or religion on one occasion. Plaintiff repo...
2024.01.23 Motions to Compel Responses 883
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.01.23
Excerpt: ...61 North 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 22 January 2024. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Orders on Defendants' Discovery Motions to Compel Plaintiff to Provide Responses; Case Management Conference. This achon involves a written lease agreement between plaintiff (who appa...
2024.01.23 Petition for Relief from Claim Requirement Government Code 294
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.01.23
Excerpt: ...s claim to VTA nearly a year later, on September 6, 2023, which claim VTA rejected as untimely. Petitioner then filed this action on October 13, 2023. Because Petitioner failed to present his claim to VTA within the required six months from the date of injury, Petitioner now seeks relief from that requirement so that his case may proceed on the merits. II. Legal Standard and Analysis Before a suit for damages may be maintained against a public en...
2024.01.23 Motion to Quash Service 004
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.01.23
Excerpt: ...ant executed an agreement for purchase of real property located in Washington D.C. (the "Property"). (Complaint, '1 11.) Defendant sought to finance the purchase with a conventional residential loan and 403 agreed to apply and obtain a residential occupancy' permit for the ground unit. (Complaint, '1 13.) At the time of the agreement, the parties contemplated obtaining a residential permit and agreed on a settlement date 30 days from the executio...
2024.01.18 Motion to Compel Further Responses 224
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.01.18
Excerpt: ... requests actually made, as opposed to the requests now made of them. Request No. 7 Plaintiff requested "any and all camera footage of the subject incident." Defendants have provided a cell phone recording of the original version, according to Plaintiff Defendants state this complies with the request because the request does not define "camera footage" and the definition of digital copies allows for digital copies to be the original or "best copy...
2024.01.18 Motion for Preliminary Approval of Settlement 344
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.01.18
Excerpt: ...statements, among other Labor Code violations. Before the Court is Plaintiffs' motion for preliminary approval of a settlement, which is unopposed. As discussed below, the Court GRANTS the moton. l. BACKGROUND A. Factual According to the allegations of the operative Second Amended Class and Representative Class Acton Complaint ("SAC"), Escuela Popular is a charter school that operates four different educational academies: (1) Childcare Academy; (...
2024.01.18 Motion for Summary Judgment, Adjudication 915
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.01.18
Excerpt: ...y party opposing the tentatve ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 17 January 2024. Please specify the issue to be contested when calling the court and counsel. ORDER ON DEFENDANTS [DIANE STEMBER RICHARDS AND LANCE BROWN'S] MOTION FOR SUMMARY JUDGMENT OR, ALTERNATIVELY, MOTION FOR SUMMARY ADJUDICATION l. Statement of Facts. On 1 July 2017, on W. Alma at or near its intersecton with W. Vine...
2024.01.18 Motion to Compel Further Responses 119
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.01.18
Excerpt: ... Kazemipour lied amount investment opportunities, which caused Plaintiff to invest money with him that Kazemipour spent on unauthorized personal expenses and travel. (Complaint, '1 15.) With the assistance of defendant Troy Foster, Kazemipour defrauded Plaintiff out of approximately $750,638. (Ibid.) After he commenced legal action against Kazemipour, Plaintiff discovered Kazemipour transferred Plaintiff's stolen assets to others, including but n...
2024.01.18 Motion to Strike 394
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.01.18
Excerpt: ...the time, about Vince's death. The message indicated that doctors had to stop Vince's pacemaker due to increased and rapid heartbeats caused by severe allergic reaction to peanut oil. Defendant then expresses his belief that Vince's wife (Plaintiff) gave him peanut oil to kill him for money and he would try to prove it. Defendant writes that Plaintiff got the idea from a similar allergic episode in the past that put Vince in the hospital. As a re...
2024.01.18 Motion to Dismiss 396
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.01.18
Excerpt: ...20, 2023 and then continued to September 19, 2023, in light of the then-pending motion by Cisco to declare Ali a vexatious litigant. On September 19, 2023, the court (Judge Kulkarni) continued the motion again, following the court's ruling granting the vexatious litigant motion and ordering the posting of a $250,000 bond, "and because there is no proof that Plaintiff has paid the necessary security." Third, at the case management conference on Se...
2024.01.18 Motion to Enforce Settlement 200
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2024.01.18
Excerpt: ...RANTED IN PART. Section 9 of the Agreement provides: The Parties agree that in the event they believe any other Party has breached any term of this Agreement, the non-breaching Party will meet and confer in good faith with the allegedly breaching Party to resolve the dispute. For purposes of this Agreement, "meet and confer in good faith" means either an in-person conversation or telephone conversaton in which the Parties respectfully identify th...
2024.01.18 Motion to Strike 105
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.01.18
Excerpt: ...e business clients and earnings; and (3) breach of contract. On January 17, 2023 this court (Judge Kirwan) overruled Defendants' demurrer to the first cause of action, sustained without leave to amend the second cause of action, and sustained with leave to amend the third cause of action for breach of contract. Hansen filed a first amended complaint ("FAC") on January 17, 2023, alleging a single claim for breach of contract. On June 6, 2023, the ...
2024.01.18 Motions for Attorney Fees 399
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.01.18
Excerpt: ...UPTAAA"); and iTalk Global Communications, Inc.'s ("iTalk") special motion to strike Plaintiff Ning Yu's First Amended Complaint. California Code of Civil Procedure section 425.16(c) states: "a prevailing defendant on a special motion to strike shall be entitled to recover his or her attorneys' fees and costs." (Cal. Code Civ. Pro. 5425.16(c) (emphasis added).) Given the mandatory nature of these fees and costs, the only issue before the Court is...
2024.01.18 Petition to Compel Arbitration 944
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.01.18
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 17 January 2024. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order on Petiton of Defendant Normandin's etc. to Compel Arbitration. l. Statement of Facts. Plaintiff filed this complaint on 12 July 2023. 39 Plaintiff alleges that on 31 July 2022, plaintiff purchased a...
2024.01.18 Motion for Leave to File TAC 049
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.01.18
Excerpt: ...ommitted against herself and other aggrieved "non-white employees." Before the Court is Plaintiff's motion for leave to file the Third Amended Complaint ("TAC"), which is opposed by Google. As discussed below, the Court GRANTS Plaintiff's motion. IX.BACKGROUND A. Factual Google is a technology company specializing in internet- related services and products with offices in Mountain View and Sunnyvale. (Second Amended Complaint ("SAC"), 7.) Ms. Che...

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