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5954 Results

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2024.04.11 Motion to Compel Further Responses, for Protective Order and to Quash PMQ Subpoenas 622
Location: Santa Clara
Judge: Adams, Charles F
Hearing Date: 2024.04.11
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...
2024.04.11 Motion for Summary Judgment 256
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.04.11
Excerpt: ...on November 12, 2019 by plaintiffs Wendy Towner, Francisco Aguilera, Nick McFarland, Justin Bates, and Brynn OtaMatthews (collectively, the “Towner plaintiffs”). The Towner plaintiffs eventually filed a Fifth Amended Complaint (“5AC”) on July 23, 2021, stating several c auses of action against defendants Gilroy Garlic Festival Association, Inc. (“GGFA”), First Alarm Security & Patrol, Inc. (“First Alarm”), the City of Gilroy (“...
2024.04.11 Demurrer, Motion to Strike 331
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2024.04.11
Excerpt: ...4.) Doe 6 was a teacher empl oyed by Doe 1 who abused his position of power to groom young students, including Plaintiff. (Id. at ¶ 15.) After Doe 6 gained Plaintiff's trust, his sexual advances against Plaintiff became more aggressive. (Compl., ¶ 16.) Doe 1's employees knew, or shou ld have known, that Doe 6 was sexually grooming and sexually abusing Plaintiff. (Id. at ¶¶ 18, 26.) Doe 6 targeted Plaintiff because of his gender. (Id. at ¶ 20...
2024.04.11 Demurrer, Motion to Strike 276
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.04.11
Excerpt: ...choscopy. (SA C ¶ 2.) While Dr. Nathan was under anesthesia, the anesthesiologist left him for crucial minutes, during which time the internist made a mistake, and Dr. Nathan suffered a stroke. (SAC ¶ 22.) Failing to detect the stroke, Stanford staff wrongly concluded t hat Dr. Nathan had suffered a heart attack and did not conduct a physical or neurological examination until 48 hours after the procedure. Dr. Nathan was released on March 16, 20...
2024.04.11 Demurrer 291
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.04.11
Excerpt: ...2. (See complaint, ¶ 7.) Construction of the project was to be substantially completed by July 7, 2022. (See complaint, ¶ 8.) Plaintiffs contend that Premiere improperly over -excavated and demolished the base rock of an approved location of a 10,000 -gallon water tank with its foundation without notifying Plaintiffs, and the project ultimately was severely delayed and incomplete. (See complaint, ¶ 9.) Premiere stopped work and left the projec...
2024.04.11 Demurrer 073
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.04.11
Excerpt: ...ccording to the c omplaint, Xu has refused to contribute to the loan since January 2023, and Jiang has had to pay Xu's share of the loan. (Ibid.) In addition, despite verbal promises, Xu has refused to repay Jiang one -half of the advance payment and transaction fees. (Id . at ¶ 11.) Jiang incurred other expenses related to the Bowen Property, including property tax, insurance premiums, replacement of airconditioning system, gardener fees, repai...
2024.04.11 Motion for Summary Judgment, Adjudication 289
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.04.11
Excerpt: ...merger of Plaintiff with Tal amantez' Castling Kids Chess, and then the hiring of Talamantez as Plaintiff's Director of Enrichment. (See TAC, ¶¶ 28, 3738.) On May 14, 2018, Talamantez executed a nondisclosure agreement with Plaintiff, in which he agreed not to disclose Plaintiff's c onfidential information or solicit its customers and to return all property in his possession at the time of termination with Plaintiff. (See TAC, ¶ 49, exh. D.) ...
2024.04.09 Motion for Sanctions 058
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.04.09
Excerpt: ... Pacific Coast Med ical Clinic (collectively, “Plaintiffs”), based on alleged spoliation of evidence, (2) a motion to compel compliance with Cigna's third set of requests for production of documents (Nos. 33, 35- 37, and 39), and (3) a motion to seal certain exhibits submitte d with the motion to compel compliance. Plaintiffs oppose the first two motions but do not oppose the third. This case was originally set for trial more than 10 months...
2024.04.09 Demurrer 192
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.04.09
Excerpt: ... and Housing Act (“FEHA”). (FAC, ¶ 9.) Plaintiff worked for the County's Probation Department at James Ranch. (FAC, ¶ 10.) In March 2020, he requested accommodations to work from home or to be transferred to a position that would allow him to work from home as an accommodation for his disability and being in the high -risk category for COVID -19. (FAC, ¶ 12.) Plaintiff alleges Defendants initially offered to compensate him with paid admini...
2024.04.09 Demurrer 633
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.04.09
Excerpt: ...nts.”) I. Background A. Fac tual On July 14, 2021, Plaintiff was lawfully driving his car eastbound on El Camino Real in Mountain View, California (“Subject Location”) when Defendant Ossie B. Holt (“Holt” or “Defendant”), while operating a vehicle, caused an automobile collision. (F AC, ¶¶ 10, 15.) Prior to the collision, Defendant Holt, while driving at high speed behind Plaintiff, failed to stop and “violently” rear -ended P...
2024.04.09 Demurrer to FAC 527
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2024.04.09
Excerpt: ...ti ff purchased a laser hair removal therapy treatment course at Medspa, consisting of six “bikini Brazilian” treatments and six “upper leg” treatments. (FAC at ¶ 6.) On April 12, 2022, Plaintiff attended her fourth treatment of laser hair removal therapy w here Nurse Mottahed was available to treat her. (Id. at ¶ 7.) Plaintiff was burned during her laser treatment and left her appointment early. (Id. at ¶¶ 10 -16.) The employees at t...
2024.04.09 Motion to Quash for Lack of Jurisdiction 966
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.04.09
Excerpt: ..., previ ously doing business as Lifestyle Hospitality Inc., provides case goods, seating, millwork, various types of furniture and related items and services to the hospitality industry. (Complaint, ¶¶2, 3, and 11.) Defendant ECD -Great Street DE, LLC dba theWit Ch icago (“Defendant”) has a principal place of business at 250 Parkway Drive, Suite 120, in Lincolnshire, Illinois. (Complaint, ¶4.) Defendant owns and/or operates one or more hot...
2024.04.09 Motion for Summary Adjudication 291
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.04.09
Excerpt: ...rtment between A ugust 25, 1997, and July 7, 2015. (Separate Statement of Undisputed Material Facts in Support of Plaintiff's Motion for Summary Adjudication (“SSUMF”), ¶1.) She was promoted to senior accountant on June 30, 2014, and remained in that position until her retirement. (Id., ¶2.) As both an accountant and senior accountant, Defendant's responsibilities included maintaining Cupertino's general ledger accounts and performing bank ...
2024.04.09 Motion to Set Aside Default 650
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.04.09
Excerpt: ...ant is served by e mail and the Plaintiff asserts that Defendant has agreed to such service. The proof of service form specifically required Plaintiff to provide the authorizing code section for its method of service and unsurprisingly, Plaintiff offered none. Moreover, the Court Clerk indicated that service was not proper when it rejected the request for entry of default on March 2, 2022, noting that service was not proper. Plaintiff claims it ...
2024.04.09 Motion to Set Aside Default 705
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.04.09
Excerpt: ...mstances, a defend ant must bring a motion to vacate and set aside default within six months of the date the default was entered. Code of Civil Proc. § 473(b) provides, in pertinent part, that: (b) The court may, upon any terms as may be just, relieve a party or his or her l egal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect....
2024.04.09 Motion to Strike Entry of Default 639
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.04.09
Excerpt: ...dariz v. Foundation Health Psychcare Services (2000) 24 Cal.4th 83 (Armendariz). Perera alleges that FINRA has not complied with the holding in Armendariz that an employment arbitration must involve a neutral arbitrator and must not require the employee to pay any type of expense that he or she would not have to pay if the dispute had been brought in court rather than in arbitration. Perera alleges that FINRA has charged him thousands of dollars ...
2024.04.09 Special Motion to Strike 782
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.04.09
Excerpt: ...2023. It states four causes of action: (1) Nonpayment of Wages (against Flawless); (2) Breach of Contract (against Flawless and Flawless S.A.R.L.); (3) Violation of Business and Professions Code Section 17200 et seq. (against Flawless); and (4) Defamation (against Flawless an d Loughan). There are no exhibits attached to the complaint. Flawless filed an answer to the complaint on October 30, 2023. Currently before the court is a special motion t...
2024.04.04 Motion to Compel Production of Docs 066
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.04.04
Excerpt: .... Plaintiff now seeks an order compelling GM to produce documents relating to (1) the subject Vehicle (RFP Nos. 1, 2, 3, 7); (2) internal Knowledge and investigation Discovery (RFP Nos. 17, 22- 24, 35- 40); (3) documents concerning summaries and memos regarding transmission defects (RFP Nos. 41 -43, 47, 49, 50); (4) documents concerning buyback policies and procedures (RFP Nos. 55. 56. 65); (5) Communications with Governmental Agencies (and suppl...
2024.04.04 Demurrer, Motion to Strike, to Expunge Lis Pendens 409
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.04.04
Excerpt: ...t issues its tentative ruling. I. Background This is an action for quiet title. Plaintiffs own real property at 1711 B Marshall Ct in Los Altos (the “Property”). (Complaint, ¶ 4.) Plaintiffs allege the basis of their title is fraudulent transfer of Severino Estillore's interest in the Property circa 1998. (Ibid.) Plaintiff seeks to quiet title to the Property against all adverse claims. Plaintiffs initiated this action to quiet title on Octo...
2024.04.04 Motion for Class Certification 045
Location: Santa Clara
Judge: Adams, Charles F
Hearing Date: 2024.04.04
Excerpt: ...s a health care company that manufactures, markets, and distributes pediatric nutrition shakes for consumption by children ages one to thirteen under its PediaSure brand. (Id. at ¶ 3.) By placing statements such as “Complete, Balanced Nutrition,” “Balanced Nutritio n to Help Fill Gaps,” “Nutrition to Help Kids Grow,” “Use as part of a healthy diet,” and “Clinically Proven to Help Kids Grow” on the PediaSure labeling, Defendan...
2024.04.04 Motion for Preliminary Approval of Settlement 956
Location: Santa Clara
Judge: Adams, Charles F
Hearing Date: 2024.04.04
Excerpt: ...ng other Labor Code vi olations. Before the Court is Plaintiffs' motion for preliminary approval of settlement, which is unopposed. As discussed below, subject to the changes in the notice, the Court GRANTS the motion. I. BACKGROUND According to the allegations of the operative Second Amended Class and Representative Complaint (“SAC”), Mr. Patton has been employed by Defendant since August 2017 as a non- exempt, hourly associate, while Mr. Re...
2024.04.04 Motion for Summary Judgment, Adjudication 612
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.04.04
Excerpt: ...information techn ology services company headquartered in San Jose. (FAC, ¶ 10.) Plaintiff Jai Kumar was hired in November 2013 and held various positions in the company over the following six years until he was terminated in December 2019. (FAC, ¶¶ 10, 11.) Plaintiff alleges Jade Global wrongfully demanded that he not discuss concerns about his compensation with other employees on the grounds that doing so would be in violation of company pol...
2024.04.04 Motion for Summary Judgment, Adjudication 138
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.04.04
Excerpt: ...i nt In the operative first amended complaint (“FAC”), plaintiff Chicago Title Company (“CTC”) alleges on or about 27 July 2019, defendant 28th St Villa Apts, LLC (“Buyer”) and defendant Green Villa Apartments, LP (“Seller”) entered into an agreement for the sale of real property located at 1319 Tripp Avenue in San Jose (“Property”) from Seller to Buyer. (FAC, ¶¶9 – 10.) Between July 2019 and November 2019, plaintiff CTC ...
2024.04.04 Motion to Compel Production of Docs 696
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.04.04
Excerpt: ...intiff now seeks an order compelling GM to produce responses to Requests for Production Nos. 8, 16 -19, 21 -22, 27, 34, 37, 40- 43, and 56. These requests seek (i) all documents relating to GM's internal analysis, investigations, communications, reports and design -related documents of the alleged “BATTERY DEFECT” in both the Subject Vehicle and other customers' vehicles (Request Nos. 16- 17, 19, 21 -22, and 40- 43); (ii) all documents relati...
2024.04.04 Motion to Quash 212
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.04.04
Excerpt: ...�PCM”) is a busines s entity operating in Ocean Shores in the state of Washington. (Complaint, ¶3.) Defendants Fred Smith, John Gaston, David Eagen, Diane Dobson, and Michelle Womack are individuals residing in Ocean Shores, Washington, and together they form PCM's board of directors.1 (Complaint, ¶¶4 -8, 14.) Plaintiff Herman is a financial consultant, and plaintiff Cole is in the business of hotel management. (Complaint, ¶¶12 -13.) On 1...
2024.04.04 Motion to Quash Service of Summons and Complaint 256
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2024.04.04
Excerpt: ...nt. On February 15, 2024, defendant Sossaman, specially appearing, filed a motion to quash service of summons and complaint. Plaintiff filed written opposition. Motion to Quash Service of Summons Defendant Sossaman moves to quash service of summons as he was not personally served with the complaint in this action. Legal Standard “Service of process is the means by which a court having jurisdiction over the subject matter asserts jurisdiction ...
2024.04.04 Motion to Seal Materials 557
Location: Santa Clara
Judge: Adams, Charles F
Hearing Date: 2024.04.04
Excerpt: ...s discusse d below, the Court GRANTS the motion. I. MOTION TO SEAL A. Legal Standard “The court may order that a record be filed under seal only if it expressly finds facts that establish: (1) There exists an overriding interest that overcomes the right of public acc ess to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is ...
2024.04.04 Motion to Strike 593
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2024.04.04
Excerpt: ...ard by Marriott hotel in Sunnyvale, California which was owned and operated by defendants. (FAC at ¶ 4.) Plaintiff was attending a business function in the area at the time of the events alleged in the FAC. (Ibid.) Around this time, defendants summoned officers of the Sunny vale Police Department and had Plaintiff arrested without a warrant and detained for the crime of felony vandalism. (FAC at ¶ 5.) Plaintiff was then transported to the Santa...
2024.04.04 Motion to Conduct Discovery 117
Location: Santa Clara
Judge: Adams, Charles F
Hearing Date: 2024.04.04
Excerpt: ...suant to Code of Civil Procedure section 425.16, subdivision (g), which is opposed by LVNV. As discussed below, the Court GRANTS the motion. III. BACKGROUND According to the allegations of the operative complaint (“Complaint”), filed on August 12, 2022, LVNV is the owner of debt owed by Mr. DeLuna. (Complaint at 2, ¶ 10.) In its judicial form complaint, LVNV asserts common counts for open book account, money had and received, money lent by ...
2024.04.02 Demurrer to TAC, Motion to Strike 393
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.04.02
Excerpt: ...ng as follows. I. Backgro und This is action arises out of alleged sexual abuse suffered by Plaintiff when she was a student at St. Aloysius. (TAC, ¶ 28.) In 1997, when Plaintiff was four years old, she participated in school related and after -school activities at St. Aloysius. (TAC, ¶¶ 30.) Father Benedict Van Der Putten (“Van Der Putten”) was a priest at St. Aloysius and he sexually abused and assaulted Plaintiff multiple times from 199...
2024.04.02 Demurrer 543
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.04.02
Excerpt: ...: Carrer a VII, L.P., Carrera VII (B), L.P., Mantra Ventures, LLC (the “Businesses”). (FAC, ¶1.) Defendants Chan and the Businesses (collectively, “Defendants”) convinced Plaintiff to fund an investment portfolio by making various promises and representations. (Ibi d.) Defendants promised and represented that for a payment of approximately 15 percent and related fees, they would invest Plaintiff's money for his benefit in securities as ...
2024.04.02 Demurrer to FAC
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2024.04.02
Excerpt: ...tee, on Behalf of the Colt 2021HX1 Mortgage Loan Trust, a New York Common Law Trust (“U.S. Bank”), Select Portfolio Servicing, Inc. (“SPS”), and Clear Recon Corp. (“Clear Recon”) (collectively, “Defendants”). Plaintiff is the owner of r eal properties located at 1128 Dean Avenue, San Jose, CA 95125 (“Dean Property”) and 236 Bean Avenue, Los Gatos, CA 95030 (“Bean Property”) (collectively, “Properties”). (First Amended ...
2024.04.02 Demurrer 994
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.04.02
Excerpt: ...“Condo”). Plaintiff initiated this act ion by filing a complaint on June 9, 2022. Plaintiff filed the first amended complaint (“FAC”) on May 15, 2023. Thereafter, Defendants demurred to the FAC. The Court (Hon. Rosen) made the following ruling: Defendants' demurrer to the first, third, fourth and fifth causes of action on the ground of insufficient facts is SUSTAINED with 10 days leave to amend. Defendants City and Housing Authoritie...
2024.04.02 Demurrer, Motion to Strike 290
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.04.02
Excerpt: ...ain the utility or performance of the vehicle, or to provide compensation in the event of a failure in utility or performance for a specified period of time. (See complaint, ¶ 6.) During the warranty period, the vehicle contained or developed nonconformities including power steering failure, loss of communications between modules, dash lights illuminating including traction control light, airbag light, TPMS light, check engine light and the wre...
2024.04.02 Motion for Summary Judgment 055
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.04.02
Excerpt: ...ls) he noted ther e was road work marked by orange cone on the shoulder of the road and noticed a steel plate across the outbound lanes. On the ride back, Plaintiff was traveling 25 mph when he got to the condition and saw that the steel plate across the inbound lanes did n ot fully cover the trench and left two shallow cutouts on either side of the asphalt. (Plaintiff's Response to Defendant's Separate Statement of Undisputed Material Facts (“...
2024.04.02 Motion for Summary Judgment, Adjudication 138
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.04.02
Excerpt: ...i nt In the operative first amended complaint (“FAC”), plaintiff Chicago Title Company (“CTC”) alleges on or about 27 July 2019, defendant 28th St Villa Apts, LLC (“Buyer”) and defendant Green Villa Apartments, LP (“Seller”) entered into an agreement for the sale of real property located at 1319 Tripp Avenue in San Jose (“Property”) from Seller to Buyer. (FAC, ¶¶9 – 10.) Between July 2019 and November 2019, plaintiff CTC ...
2024.04.02 Motion to Compel Further Responses, for Sanctions 906
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.04.02
Excerpt: ...nt requested a n extension, the extension kept open the time for Defendant to respond, as there was no agreement by the parties that objections were waived and Defendant claims he was not properly served with the requests. As such, Defendant may raise a proper objection. Defendant objects to requests 1 and 2 claiming that the requests do not identify the documents sought with “reasonable particularity” which Defendant claims is required by CC...
2024.04.02 Demurrer, Motion to Strike 570
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.04.02
Excerpt: ...d and unfair busi ness practices. According to the TACC, crossdefendant Jalal Shreim (“Jalal”) was the sole shareholder, president, and CEO of Friendly Wholesalers of California (“FWC”), formerly a successful rug business in San Jose.1 (TACC, ¶¶ 2, 4.) Crossdefendant Moh amad Shreim (“Mohamad), is Jalal's son and he was the sole proprietor of SeeMoCars, a used car dealership. (TACC, ¶ 3.) SeeMoCars was evicted from its location and M...
2024.03.28 Motion for Preliminary Approval of Settlement 070
Location: Santa Clara
Judge: Adams, Charles F
Hearing Date: 2024.03.28
Excerpt: ...s, among other Labor Code violations. Before the Court is Plaintiff's motion for preliminary approval of settlement, which is unopposed. As discussed below, if satisfactory clarification is provided concerning whether the notice will be provided in languages other than English, the Court will GRANT the motion. I. BACKGROUND According to the allegations of the operative First Amended Complaint (“FAC”), Plaintiff was employed by Defendants as ...
2024.03.28 Demurrer 807
Location: Santa Clara
Judge: Adams, Charles F
Hearing Date: 2024.03.28
Excerpt: ...sed by TCL. As discussed below, Defendants' demurrer to the Complaint and the claims asserted therein on the ground of failure to state sufficient facts is SUSTAINED WITH 20 DAYS' LEAVE TO AMEND and their demurrer to the Complaint on the ground of uncertainty is OVERRULED. IX. BAC KGROUND According to the allegations of the Complaint, Cadence is a worldwide leader in Electronic Design Automation (“EDA”), as well as semiconductor intellectual ...
2024.03.28 Demurrer 929
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.03.28
Excerpt: ...ssues its tentativ e ruling. I. Background This action arises from the tragic death of Mr. Henry Gonzales. On May 26, 2021, a mass shooting occurred at a SCVTA's railyard in San Jose. Mr. Henry Gonzales (Decedent) was employed by SCVTA and present on the day of the shooting . Mr. Gonzales witnessed the murder of his co -workers, and/or saw his co -workers within minutes after they were murdered, causing him to suffer severe emotional and psycholo...
2024.03.28 Demurrer to FAC 659
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.03.28
Excerpt: ...er at a single family residential proper ty located at 1321 Paramount Drive in Saratoga ("Project Site"). (First Amended Complaint ("FAC"), ¶12.) Pursuant to the Pool Contract, plaintiff OCI paid defendant VSP a sum of no less than $106,800. (Id.) The Pool Contract included an express warranty. ( FAC, ¶13.) Pursuant to the Pool Contract, the swimming pool's interior plaster finish was to consist of "Aqua Blue Pebble,...
2024.03.28 Demurrer to SACC 012
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.03.28
Excerpt: ...�Property). Steleco LLC and Kipling Post LP were the owners (collectively, the “Owners”) of the Property and KOA was the project architect. (SACC, ¶¶ 8 -9.) The Owners filed a cross -complaint against DPR for breach of written contract, which alleges various construction deficie ncies and damages for breach of contract. (SACC, ¶ 12.) Plaintiff Pacific States Environmental Contractors, Inc. (“Pacific States”) initiated this action a...
2024.03.28 Motion for Summary Judgment, Adjudication 546
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.03.28
Excerpt: ...allegations of the Complaint, on July 28, 20201, Plaintiff tripped and fell on broken, raised and/or uneven pavement on the sidewalk located in front of 1904 Serge Ave., San Jose, California (“Subject Premises,”) sustaining serious injuries. (Complaint, ¶¶ 9, 13 -14, 19.) Plaintiff asserts that her injuries were the result of Defendant City's acts and omissions (Complaint, ¶ 10) and cross -complainant Kindig's2 negligent failure to maintai...
2024.03.28 Motion for Preliminary Approval of Settlement 962
Location: Santa Clara
Judge: Adams, Charles F
Hearing Date: 2024.03.28
Excerpt: ...iums, and failed to pr ovide code-complaint wage statements, among other Labor Code violations. Before the Court is Plaintiffs' motion for preliminary approval of settlement, which is unopposed. As discussed below, if satisfactory clarification is provided concerning whether th e notice will be provided in languages other than English, the Court will GRANT the motion. XIII. BACKGROUND According to the allegations of the operative Third Amended C...
2024.03.28 Motion for Summary Judgment 970
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.03.28
Excerpt: ...nts”). The origin al and still-operative complaint, filed on January 17, 2023, alleges that Defendants improperly recorded a judgment lien on April 3, 2019, which operates as a cloud on the title of Plaintiffs' residence. (Complaint, ¶ 26.) The judgment lien was the last in a series of abstracts of judgments entered in a case between defendant Cintora and plaintiff Clifford Stanley and Stanley's former company, Bad Boys Bail Bonds, Inc. (Los ...
2024.03.28 Motion to Compel Arbitration 050
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.03.28
Excerpt: ...er, or managing agent of Sierra. Paragraph 6 of Plaintiff's Sierra employment agreement, which he does not dispute he signed at the time he was employed, is titled “Mutual Agreement to Arbitrate Claims” and states in the only boxed text in the agreement: “This disp ute resolution agreement is a contract and covers important issues related to ES's [employee's] rights. It is ES's sole responsibility to read it and understand it. ES is free to...
2024.03.28 Motion to Compel Responses 188
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.03.28
Excerpt: ...n, ¶ BC -1, exh. A.) Baro n did not pay amounts owed pursuant to the contract and Plaintiff thus suffered contractual damages and additionally seeks interest. (See FAC, first cause of action, ¶¶ BC -2 -BC -5, second cause of action, ¶¶ CC -1 -CC -3, third cause of action, ¶¶ BC -1 -BC -5, fourth cause of action, ¶¶ CC -1 -CC -4.) On December 5, 2022, Plaintiff filed the FAC against Defendant, asserting causes of action for: 1) Breach o...
2024.03.28 Motion to Compel Responses, for Protective Order 156
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.03.28
Excerpt: ...oduction. The par ties asked the court to hear this matter on shortened time (essentially, within nine calendar days of the court having received the parties' ex parte papers). Because this case is set for a trial on July 22, 2024, the court agreed to do so, with an exceptionally truncated briefing schedule. The court has now reviewed the parties' filings. Because of the rushed nature of this hearing, the court makes the following preliminary o...
2024.03.28 Demurrer 600
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.03.28
Excerpt: ...operty at 374 Surber Dr. in San Jose (the “Property”). (Complaint, ¶ 7.) Defendant Rochelle Deleersnyder is real estate salesperson working with NRT West, Inc. dba Coldwell Banker (collectively “Coldwell”) and defendant Nakul Kapoor is a real estate salesperson worki ng with Intero Real Estate Services, Inc. (collectively “Intero”). (Complaint, ¶¶ 2, 3.) Coldwell and Intero were the designated listing agents for the Property on beh...

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