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2019.10.31 Motion to Compel Further Responses, Request for Monetary Sanctions 725
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2019.10.31
Excerpt: ...¶ 7‐ 8.) In particular, the contract promised that “[GEICO] will pay damages for bodily injury to an insured, caused by accident which the insured is legally entitled to recover from the owner or operator of an uninsured motor vehicle, underinsured vehicle, or a hit‐and‐run motor vehicle arising out of the ownership, maintenance or use of that motor vehicle.” (Id. at ¶ 8.) In addition, the contract provides that if the parties “do n...
2019.10.31 Motion for Judgment on the Pleadings 483
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.10.31
Excerpt: ...ed the candidate it located. In August 2016, Quixey hired CWT's candidate as CEO. Despite this successful placement, Quixey never paid CWT. Roughly six months later, Quixey decided to cease operations and sell its assets. Its management replaced CWT's successfully‐placed CEO with defendant Michael Hogan (“Hogan”). Additionally, Quixey hired defendants Armanino, LLP and the Brenner Group, LLC to help wind up its business. Plaintiffs contacte...
2019.10.31 Demurrer, Motion to Strike 236
Location: Santa Clara
Judge: Pierce, Mark
Hearing Date: 2019.10.31
Excerpt: ...any Apple policy or was at risk of being excluded from the Apple App Store. Plaintiff alleges that it invested over $150,000 developing and marketing Konverti. Plaintiff's original complaint was filed on December 28, 2018. On March 11, 2019 Plaintiff filed its First Amended Complaint (“FAC”) stating claims for (1) Negligent Misrepresentation and (2) Unfair Business Practices (UCL claim). Apple filed a demurrer to both causes of action alleged...
2019.10.31 Demurrer 942
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2019.10.31
Excerpt: ...after. As it relates to defendant YouTube, plaintiff Popovic states her belief and assumptions that defendant YouTube was “covering” a crime and/or engaged in a “serious crime.” Plaintiff Popovic's complaint “ask[s] for compensation of $2 billion.” On August 15, 2019, defendant YouTube filed the motion now before the court, a demurrer to plaintiff Popovic's complaint. II. Defendant YouTube's demurrer to plaintiff Popovic's complaint i...
2019.10.31 Demurrer 605
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.10.31
Excerpt: ...1 million. (Ibid.) He also obtained a supplemental loan of $250,000 for the project. (Id. at ¶ 7.) The supplemental loan was secured by his principal residence in Morgan Hill (“Residence”), though he thought it was secured by the Bautista Property. (Ibid.) From 2002 to 2009, Plaintiff made all payments on the Bautista Property loans, including the supplemental loan, which was included with the payment he made on the original loan. (TAC, ¶ 8...
2019.10.31 Demurrer 422
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2019.10.31
Excerpt: ...g, concerning the superior design, engineering, and road worthiness of the Vehicle. (SAC, ¶12.) In November 2013, the Vehicle, while driven by plaintiff Miller, suddenly and without warning, switched into the neutral gear position. (SAC, ¶13.) During the course of vehicle repairs, plaintiff Miller learned that the problem he experienced was related to a defect in the Vehicle's driver controller module which caused the transfer case to switch in...
2019.10.31 Motion to Compel Further Responses 989
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.10.31
Excerpt: ...ortunately, the vehicle had multiple defects and after several attempts to repair the vehicle, Defendant was unable to repair it, and did not replace or repurchase it, prompting the instant action. On April 19, 2019, Plaintiff mail served a set of requests for production of documents (“RPDs”) on Defendant. Also that day, Plaintiff's counsel submitted a “meet and confer letter” regarding ESI. On May 1, 2019, Defendant responded to the ESI ...
2019.10.29 Motion to Strike 325
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.10.29
Excerpt: ...) When the metering light turned green, giving her the right of way, Plaintiff proceeded onto the freeway on‐ramp. (Ibid.) In doing so, she was suddenly rear‐ended by a large commercial vehicle owned by Joel Trader (“Trader”). (Ibid.) At the time, the truck was visibly‐branded as a commercial vehicle for Trader's business, Precision Concrete Pumping. (Ibid.) The operator of the truck was Robert Vaurs (“Vaurs”) who, at the time, was ...
2019.10.29 Demurrer 660
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2019.10.29
Excerpt: ... of City's municipal codes. (Complaint, ¶ 5.) An administrative hearing was held before City's Appeals Hearing Board (“Board”) and the Falcocchias were ordered to obtain City approval, including permits and inspections, for work done on their property. (Ibid.) The Board also assessed administrative costs and penalties including $750 per day until the date of compliance, up to a maximum of $100,000. (Ibid.) The Falcocchias failed to comply wi...
2019.10.29 Demurrer 730
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2019.10.29
Excerpt: ...C”), ¶¶2 and 9.) In the course of a massage by defendant Robert Hernandez (“Hernandez”), a masseuse employed by defendant BWI, plaintiff Jackson was subject to harmful or offensive contact by defendant Hernandez with intimate parts of her body and other acts offensive to her personal dignity. (FAC, ¶¶7 and 12 1 .) Between 2012 and March 4, 2017, there were no less than ten and possibly more than twenty complaints, reports, and/or charge...
2019.10.29 Motion for Reconsideration 131
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2019.10.29
Excerpt: ...lley Transportation Authority (the “VTA”) and William Welch (“Welch”) (collectively, “Defendants”). I. Background A. Factual This is an action for wrongful death and negligence. According to the allegations of the operative complaint (“Complaint”),5 on June 20, 2015, plaintiff Garcia was a passenger in a vehicle being driven by Aldo Alvarez (the “Decedent”) southbound on Capitol Avenue in San Jose. (Complaint, ¶ 15.) While at...
2019.10.29 Motion to Compel Deposition 311
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2019.10.29
Excerpt: ... 6.) He was subsequently hired as a regular employee. (Id. at ¶ 9.) Defendant promised to compensate Plaintiff 33 1/3 percent of the gross fees collected from projects assigned to him. (Ibid.) Plaintiff accepted the employment terms, but it immediately became clear that his position required substantial administrative work that did not directly lead to fee generation. (Id. at ¶ 11.) Consequently, Defendant modified his compensation agreement to...
2019.10.29 Motion to Expunge, for Attorney Fees 806
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.10.29
Excerpt: ...the order to be recorded to allow Plaintiffs more time to file a writ, which the Court granted to July 17, 2019. It does not appear that Plaintiffs ever filed any petition for writ of mandate. On July 26, 2019, the Court issued its final order to expunge the lis pendens, and issued its order denying the motion for reconsideration. Defendant filed and served his motion for attorney fees on August 8, 2019. Plaintiff filed a request to continue a di...
2019.10.29 Special Motion to Strike 499
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2019.10.29
Excerpt: ...ion for intentional torts stems from three underlying cases: (1) a marital dissolution case, Evgeniya Kulikova v. Sergey Firsov (Santa Clara County Superior Court, Case No. 18‐FL‐ 000341); (2) a civil harassment case, Ekaterina Berman v. Sergey Firsov (Santa Clara County Superior Court, Case No. 19‐CH‐008591); and (3) a civil harassment case, Sergey Firsov v. Evgeniy Babichev (Santa Clara County Superior Court, Case No. 19‐ CH‐ 008613...
2019.10.25 Motion to Approve PAGA Settlement 046
Location: Santa Clara
Judge: Kuhnle, Thomas E
Hearing Date: 2019.10.25
Excerpt: ... I. INTRODUCTION This is a case for recovery of penalties under the California Labor Code Private Attorneys General Act of 2004 (“PAGA”). The Complaint, filed on February 7, 2018, sets forth the following causes of action: (1) PAGA Penalties for Failure to Pay Wages Owed; (2) PAGA Penalties for Failure to Provide Meal Periods; (3) PAGA Penalties for Waiting Time Penalties; and (4) PAGA Penalties for Itemized Wage Statement and Recordkeeping V...
2019.10.25 Motion to Stay Discovery Until Pleadings are Resolved 674
Location: Santa Clara
Judge: Walsh, Brian C
Hearing Date: 2019.10.25
Excerpt: ...emary Schooler, Steve J. Sordello, Michael A. Stankey, Robert Bearden, Paul Cormier, Peter Fenton, and Kevin Klausmeyer (collectively, the “Cloudera Defendants”) to stay all proceedings in this action pending the resolution of the pleadings in a related federal action. Alternatively, the Cloudera Defendants move to stay discovery until the pleadings are resolved in both this case and the federal action. Plaintiffs oppose the entry of a stay. ...
2019.10.25 Motion for Approval of PAGA Settlement 901
Location: Santa Clara
Judge: Kuhnle, Thomas E
Hearing Date: 2019.10.25
Excerpt: ...s is a class action for recovery of penalties under the California Labor Code Private Attorneys General Act of 2004 (“PAGA”). Plaintiff Eva Sharp (“Plaintiff”) worked as a cashier for defendant Safeway, Inc. (“Defendant”) in California. (Complaint, ¶¶ 3‐4.) Plaintiff alleges Defendant failed to provide Plaintiff and the other putative class members with seats. (Complaint, ¶ 17.) The Complaint, filed on June 13, 2011, sets forth a...
2019.10.3 Demurrer 389
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2019.10.3
Excerpt: ... to pickup payoff check on agreed date ‘08/07/2018' and location ‘2197 Wynfair Ridge Way, San Jose, CA' pursuant to the terms and conditions of a Credit Agreement Security #00001673.” (Complaint, ¶BC‐2 and Exh. B.) On or about August 8, 2018, defendant “trespass upon Credit Agreement Payoff Security Instrument NOTE and Release of Lien Security Contract Property with the intentions of fraud in the factum by intentionally avoiding the TE...
2019.10.3 Demurrer 651
Location: Santa Clara
Judge: Pierce, Mark
Hearing Date: 2019.10.3
Excerpt: ...an Jose, California (“Property”). (FAC, ¶¶ 3, 8, 19‐21, & 26.) Plaintiffs obtained a mortgage loan secured by a deed of trust (“DOT”) on the Property. (Id. at ¶¶ 1, 8, 11, & 19‐22.) The DOT was eventually assigned to JP Morgan Chase Bank, which has a lien on the Property. (Id. at ¶¶ 8, 19, & 21.) SPS, the loan servicer, allegedly recorded a lien on the Property even though Plaintiffs do not owe it money and it does not have a be...
2019.10.3 Demurrer, Motion to Strike 673
Location: Santa Clara
Judge: Pierce, Mark
Hearing Date: 2019.10.3
Excerpt: ...17.1 (Second Amended Complaint (“SAC”), ¶¶ FR‐2, FR‐5, IT‐1, & GN‐1.) Plaintiffs allege that they did not consent to the procedures, they were misled as to who would conduct the procedures, and the doctors failed to adequately treat and obtain care for Lawrence. (Id. at ¶¶ FR‐2, FR‐3, FR‐4, IT‐1, & GN‐1.) As a result, Plaintiffs suffered injuries. (Id. at ¶¶ 11, FR‐6, IT‐1, & GN‐1.) Plaintiffs further allege that...
2019.10.3 Motion for Reconsideration of Summary Adjudication 668
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2019.10.3
Excerpt: ...ing remarks to plaintiff Lobo regarding his age and subjected plaintiff Lobo to hostility due to his ancestry/national origin. (FAC, ¶¶18 – 19.) Plaintiff Lobo was denied opportunities and benefits of employment that were essential to his continued success at defendant Intel. (FAC, ¶20.) Plaintiff Lobo made several workplace complaints to defendants regarding Perumandala's actions. (FAC, ¶21.) Defendants retaliated against plaintiff Lobo's ...
2019.10.3 Motion for Reconsideration, for Summary Judgment, Adjudication 464
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2019.10.3
Excerpt: ...is an action for breach of fiduciary duty and legal malpractice arising out of a property dispute. According to the allegations of the operative complaint (“Complaint”), Plaintiffs own a residential property located at 2276 Bentley Ridge Drive in San Jose (the “Property”). (Complaint, ¶ 1.) Pursuant to a written agreement (the “Contract”), Plaintiffs hired defendant Coldwell and Concepcion to list and sell the Property, which was to ...
2019.10.3 Motion for Summary Adjudication 428
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2019.10.3
Excerpt: ...dant Milpitas Care Center (“MCC”) from April 2016 to July 2016 and came under the care or custody of defendants Vohra Wound Care Physicians of California, PC (“Vohra”) and Hongdu K. Ly, D.O. (“Dr. Ly”). (FAC, ¶¶2 – 5.) During their care and/or custody of Decedent, defendants Vohra and Dr. Ly failed to develop and implement adequate skin integrity and infection control/ monitoring measures, which resulted in Decedent sustaining inj...
2019.10.3 Motion to Compel Further Responses 132
Location: Santa Clara
Judge: Pierce, Mark
Hearing Date: 2019.10.3
Excerpt: ...vide further responses to the SI, and for an award of monetary sanctions; (3) the motion to compel Canton to provide further responses to requests for production of documents, set one (“RPD”), and for an award of monetary sanctions; and (4) the motion to compel Yifu to provide further responses to the RPD, and for an award of monetary sanctions.4 Factual and Procedural Background This is an action for retaliation. In April 2015, complainant X...
2019.10.3 Demurrer, Motion to Strike 602
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2019.10.3
Excerpt: ...training program and obtained a phlebotomist state license, the prerequisite for admission to the Medical Laboratory Technician (“MLT”) program. (See Third Amended Complaint [“TAC”] at ¶ 20.) Plaintiff thereafter enrolled in the MLT program at De Anza College. (Ibid.) After Plaintiff started the program, defendant Patricia Buchner (“Buchner”) notified him that he needed to complete an “externship” at a clinical agency in order to...

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