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2019.05.19 Demurrer 597
Location: Santa Clara
Judge: Lucas, Patricia
Hearing Date: 2019.05.19
Excerpt: ...l Medical Center and Good Samaritan Hospital (collectively, “Plaintiffs”) and defendant County of Santa Clara dba Valley Health Plan (“Defendant”). According to the Complaint, filed on December 15, 2020, Plaintiffs operate emergency departments in Santa Clara County and provide emergency medical services to patients. (Complaint, ¶ 1.) Defendant is a licensed “health care services plan” under the Knox‐Keene Act. (Id. at ¶ 2.) Patie...
2019.1.29 Demurrer 814
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.1.29
Excerpt: ...lleging causes of action for breach of contract, common counts, and account stated. Cerda filed a cross‐complaint against the Law Office, pleading claims for: (1) professional negligence, (2) breach of fiduciary duties, and (3) breach of contract1 . As alleged in the cross‐complaint, Cerda retained the Law Office to represent him in a contentious divorce involving many issues over the division of property. (Cross‐Comp., ¶ 12.) In particula...
2019.1.29 Demurrer 442
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2019.1.29
Excerpt: ...er‐to‐bumper warranty and a five‐year/100,000‐mile powertrain warranty. The warranties stated Defendant was to preserve or maintain the Vehicle's utility or performance, or provide compensation in the event either failed during the specified periods. During the warranty period, the Vehicle contained or developed numerous defects, including but not limited to: leaking water pump; rupture and leakage of right front axle seal; and knocking n...
2019.1.25 Motion for Summary Judgment 202
Location: Santa Clara
Judge: Walsh, Brian C
Hearing Date: 2019.1.25
Excerpt: ...as paid on an hourly basis as a non‐exempt employee. (Ibid.) Plaintiff alleges that Inter‐Con failed to pay security guards/officers on a weekly basis as required of “temporary services employers” by Labor Code section 201.3. (Id. at ¶ 16.) Based on these allegations, he asserts a single cause of action under PAGA. II. Requests for Judicial Notice Defendant's request for judicial notice of legislative history materials related to section...
2019.1.25 Motion for Preliminary Approval of Settlement 833
Location: Santa Clara
Judge: Walsh, Brian C
Hearing Date: 2019.1.25
Excerpt: ...endants have not joined their motion and indicate that they will oppose plaintiffs' attorney fee request at the appropriate time. I. Factual and Procedural Background Headquartered in Sunnyvale, California, AFOP was a Delaware corporation that produced fiber optic components and integrated modules for communications equipment. (First Amended Complaint in Bushansky, Case No. 16‐CV‐294245 (“FAC”), ¶¶ 2, 11.) On April 7, 2016, the company ...
2019.1.25 Motion for Final Approval of Class Settlement 842
Location: Santa Clara
Judge: Kuhnle, Thomas E
Hearing Date: 2019.1.25
Excerpt: ...rtment 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action arising out of various alleged Labor Code violations. The First Amended Class Action Complaint, filed on May 11, 2018, sets forth the following causes of action: (1) Failure to Pay Overtime Wages; (2) Failure to Pay Minimum Wage; (3) Failure to Provide Mandated Meal Periods; (4) Failure to Provide Mandated Rest Periods; (5) Failure to P...
2019.1.25 Motion for Final Approval of Class Action Settlement, for Attoney Fees 607
Location: Santa Clara
Judge: Kuhnle, Thomas E
Hearing Date: 2019.1.25
Excerpt: ...AND COSTS AND APPROVAL OF SERVICE AWARD The above‐entitled action comes on for hearing before the Honorable Thomas E. Kuhnle on January 25, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative consumer class action brought pursuant to the California Rosenthal Fair Debt Collection Practices Act. (Complaint, ¶ 1.) Plaintiff Judis Corso (“Plaintiff”) alleges defendants ha...
2019.1.25 Motion for Final Approval of Class Action Settlement 579
Location: Santa Clara
Judge: Kuhnle, Thomas E
Hearing Date: 2019.1.25
Excerpt: ...urt now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action arising out of various alleged Labor Code violations. According to the allegations of the Third Amended Complaint (“TAC”), filed on March 23, 2017, plaintiff Valerie Cook (“Plaintiff”) and the putative class members were employed by defendant A is for Apple (“Defendant”) as non‐exempt paraprofessional therapists. (TAC, ¶ 7.) During the c...
2019.1.24 Demurrer 089
Location: Santa Clara
Judge: Pierce, Mark
Hearing Date: 2019.1.24
Excerpt: ... the allegations of the complaint, Simoncini's property located at 1694 The Alameda, San Jose, California (the “Property”) suffered a “water loss” resulting in damage. Simoncini hired Giuliani to repair the damage. Giuliani performed the work contracted for, but Simoncini did not pay it in full. Guiliani therefore sued Simoncini for breach of contract, among other things. In turn, Simoncini filed a cross‐complaint against Deans & Homer,...
2019.1.24 Demurrer 122
Location: Santa Clara
Judge: Pierce, Mark
Hearing Date: 2019.1.24
Excerpt: ...four commercial properties: the Palm Valley Apartments; the Magic Sands mobile home park; Villa Teresa mobile home park; and La Buona Vita mobile home park. (FAC, ¶¶ 3–4, 7–8.) The Barbaccias' family friend Jack Previte managed their businesses and finances for many years. (FAC, ¶ 7.) In 2004, they executed a 10‐year management agreement delegating their responsibilities as trustees of the Barbaccia Trust to Mr. Previte and fixing compen...
2019.1.24 Demurrer 215
Location: Santa Clara
Judge: Pierce, Mark
Hearing Date: 2019.1.24
Excerpt: ...intiff was a Jesuit employed by SCU as the Assistant Dean. He oversaw the Alcohol and Drug Program and Services, and analyzed years of accumulated data on the use of alcohol and drugs used by SCU students. This data revealed that over half of SCU's students engaged in heavy alcohol use, the consequences of which negatively affected the health and safety of students. Plaintiff provided a report containing these findings to Duncan, Plaintiff's dire...
2019.1.24 Demurrer 907
Location: Santa Clara
Judge: Pierce, Mark
Hearing Date: 2019.1.24
Excerpt: ...ction arises out of legal services provided to Plaintiff by Defendants. Plaintiff filed his original complaint against Defendants in April 2017. Subsequently, Defendants demurred to the complaint. Plaintiff filed papers in opposition to the demurrer. The demurrer proceeded to hearing on May 17, 2018. At the hearing, the court (Hon. Theodore C. Zayner) adopted its tentative ruling, sustaining the demurrer to the complaint with 10 days' leave to am...
2019.1.24 Motion for Summary Adjudication 886
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2019.1.24
Excerpt: ...red into a construction contract (“Contract”) whereby plaintiff BHL would perform certain work at the work of improvement commonly known as TechShop – San Jose located at 40 S. 2nd Street in San Jose (“Project”). (SAC, ¶8 and Exh. 1.) Plaintiff BHL completed all of its work required under the Contract. (SAC, ¶9.) Defendant TechShop breached the Contract by failing to pay the sum of $688,622.57 due and owing to plaintiff BHL for work p...
2019.1.24 Demurrer, Motion to Strike 810
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2019.1.24
Excerpt: ...Inc., alleging the defendants failed to inform them of the severity of the property's structural issues and did not repair the property as required under the controlling covenants, conditions and restrictions. San Jose Creekside Villa Homeowner's Association (“Cross‐Complainant”) subsequently filed a cross‐ complaint against Plaintiffs and Associa Northern California, Inc. (“Associa”). According to the operative First Amended Cross‐...
2019.1.24 Motion for Summary Judgment, Adjudication 165
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2019.1.24
Excerpt: ...�Defendant” or “FusionStorm”) is a staffing company that matches professionals such as Plaintiff with companies in need of their services. (Complaint, ¶ 7.) In November 2015, Plaintiff and Defendant entered into a partially written and partially oral contract pursuant to which Plaintiff was to begin working with Gilead. (FAC, ¶ 8.) The contract provided that the term of employment was to be no less than 6 months, while Defendant represent...
2019.1.24 Motion for Summary Judgment, Adjudication 278
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2019.1.24
Excerpt: ...n Rafael (“Property”). (Complaint, ¶7.) The loan was secured by a second deed of trust on the Property and also secured with a second deed of trust on Plaintiffs' primary residence at 15 Peacock Circle in American Canyon. (Complaint, ¶7.) In or about August 2007, defendant Capital appointed Gateway Bank FSB (“Gateway”) to service the loan and be responsible for collecting mortgage payments and year‐end statements. (Complaint, ¶8.) In...
2019.1.24 Motion to Permit Financial Discovery 817
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2019.1.24
Excerpt: ...r the surgery, plaintiff Billy Usher repeatedly told defendant Dr. Yeh that the hand was worse and that it now had more pain and electrical sensations. (Id.) Defendant Dr. Yeh negligently failed to perform any diagnostic tests that would have revealed the nerve was severed. (Id.) As a result of defendant Dr. Yeh's negligence, plaintiff Billy Usher suffered severe and permanent injuries. (Id.) Plaintiff Billy Usher underwent additional surgery wit...
2019.1.24 Motion to Strike 864
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2019.1.24
Excerpt: ...ew York and an industry leader sought after by various technology companies for senior executive roles. (FAC, ¶ 21.) In early 2018, Mishra, a board member of the Company, arranged a meeting between Plaintiff and Malavalli, whom he described to Plaintiff as a Silicon Valley legend and representative of the Company. (Id. at ¶ 22.) During this meeting, Malavalli sought to bring Plaintiff on as CEO of the Company, orally representing the Company ha...
2019.1.24 Motion to Strike 879
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.1.24
Excerpt: ...ransfers over a 17 day period totaling $46,683,232. Chakravarthy departed Ubiquiti soon after the loss, and Ubiquiti sought coverage for the alleged loss, pursuant to the Computer Fraud and Funds Transfer Fraud coverages of the Commercial Crime Policy issued by defendant National Union Fire Insurance Company of Pittsburgh, PA (“NUF” or “Defendant”). NUF denied coverage purportedly because the alleged loss did not fall within either insuri...
2018.8.9 Motion for Summary Judgment 285
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2018.8.9
Excerpt: ...n for premises liability. The operative pleadings limit the issues presented for summary judgment, and such a motion may not be granted or denied by issues not raised by the pleadings. (See Government Employees Ins. Co. v. Sup. Ct. (2000) 79 Cal.App.4th 95, 98; Laabs v. City of Victorville (2008) 163 Cal.App.4th 1242, 1258; Nieto v. Blue Shield of Calif. Life & Health Ins. (2010) 181 Cal.App.4th 60, 73 [“the pleadings determine the scope of rel...
2018.8.9 Motion for Summary Judgment 193
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2018.8.9
Excerpt: ...outs. (See complaint, ¶ 10.) In November 2008, Guinto arranged an overnight weekend camping trip for Pack 220 and obtained “parent proxies” from Plaintiff's mother and another boy, “John Doe,” to permit him to act as their legal guardian. (See complaint, ¶ 11.) One evening during this trip, Plaintiff woke up in his tent to witness Guinto molesting and/or impermissibly touching John Doe's genitals. (See complaint, ¶ 12.) Further, during...
2018.8.9 Motion for Summary Adjudication 158
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2018.8.9
Excerpt: ...(Compl., ¶ 11.) Plaintiff alleges Defendants misclassified him as an independent contractor and failed to pay all of his wages. (Compl., ¶¶ 12‐14.) When Defendants first hired Plaintiff, they paid him $10,000 a month and a commission of 30 percent of their gross profits for each project. (Compl., ¶ 13.) In October 2015, Plaintiff began earning $10,000 a month plus a commission of 10 percent of the net profits per project. (Compl., ¶ 13.) P...
2018.8.9 Motion for Monetary Sanctions 956
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2018.8.9
Excerpt: ...aid that he might be called to testify if the Plaintiff forgot something. Unsatisfied with this response, Defense counsel cancelled the deposition. No motion for protective order has been filed. This motion seeks the cost of the court reporter, the interpreter, the attorney time to prepare for the deposition, attorney travel to the deposition site, and attorney time to prepare for the deposition, all in the amount of just over $3,110. Although th...
2018.8.9 Demurrer 925
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2018.8.9
Excerpt: ...y 2006, Plaintiffs obtained $612,500 in financing secured by the Property, executing a Promissory Note and Deed of Trust in favor of World Savings Bank, F.S.B. (Id. at ¶ 8.) The loan payment included an escrow payment designed to pay taxes and insurance on the Property. (Ibid.) Defendant Wells Fargo Bank, N.A. (“Wells Fargo”) is the current owner of Plaintiffs' loan and beneficiary of the Deed of Trust securing the mortgage loan. (Id. at ¶ ...
2018.8.9 Demurrer 051
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2018.8.9
Excerpt: ...c. (“Brion”) including all of its employee contracts. (Id. at ¶¶ 3‐4.) Brion is the global leader in computational lithography and operates as a division of ASML. (Id. at ¶ 3.) Brion developed unique and proprietary techniques to perform computational lithography from which ASML derives hundreds of millions of dollars in revenue each year. (Ibid.) In 2014, Xtal was founded by two former Brion employees. (Id. at ¶ 5.) Though ASML origina...

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