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2018.8.10 Motion for Protective Order 202
Location: Santa Clara
Judge: Walsh, Brian C
Hearing Date: 2018.8.10
Excerpt: .... All three motions are opposed. I. Allegations of the Operative Complaint From March 3, 2015 to May 19, 2017, plaintiff worked for defendant as a security guard/officer. (Second Amended Complaint, ¶ 6.) During his employment, plaintiff was 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 by Labor Code section 201.3. (Id. at ¶ 16.)...
2018.8.10 Motion for Prophylactic Measures 659
Location: Santa Clara
Judge: Walsh, Brian C
Hearing Date: 2018.8.10
Excerpt: ...round According to the operative First Amended Complaint (“FAC”), the “Defendant LLCs” owned, operated, and managed at least 11 massage establishments and hired massage therapists as full‐time, non‐exempt employees. (FAC, ¶¶ 5, 29.) Six of the Defendant LLCs remain active. (FAC, ¶ 6.) Individual defendants Chiu Hung Lam and Wah Yiu Lee created the Defendant LLCs for purposes of evading individual liabilities and they are the member...
2018.8.7 Request for Punitive Damages, Attorney's Fees 209
Location: Santa Clara
Judge: Stoelker, James L
Hearing Date: 2018.8.7
Excerpt: ...everal of its administrators who are also named as cross‐defendants, particularly Nuria Fernandez, Inez Evans, Aaron Vogel, and Robert Gebo, filed a motion to strike Outreach's prayers for punitive damages in connection with the third, fifth, seventh, and eighth causes of action in the SACC, related punitive damages allegations in each of those causes of action, and prayer for attorney's fees in connection with the seventh cause of action. Shor...
2018.8.7 Motion for Judgment on the Pleading 092
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2018.8.7
Excerpt: ...pril 23, 2014 by substitute service on an individual named Dan Martin, 55 years old with gray hair, 5'8” and 170 pounds, the occupant at 7392 Crews Road in Gilroy. (Complaint, ¶4.) However, service of process did not occur as described. (Complaint, ¶5.) The address above is the home of Seitzinger's son, Daniel Seitzinger, but he was not at home at the time of purported service and nobody was present to receive copies of the summons and compla...
2018.8.7 Motion to Strike 976
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2018.8.7
Excerpt: ... Dezahara Way in Los Altos Hills (“Subject Property”) from November 1, 2016 until December 5, 2017. (Complaint, ¶6 and Exh. 1.) Plaintiff Sandesara completely vacated the Subject Property on December 5, 2017. (Complaint, ¶7.) Plaintiff Sandesara and defendant Gita Kashani completed two “walkthrough” inspections of the Subject Property on December 5, 2017. (Complaint, ¶8.) The only potential damage that defendant Gita Kashani informed p...
2018.8.7 Demurrer 418
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2018.8.7
Excerpt: ...als for improvements to their real property located at 775 Anderson Drive in the City of Los Altos (“the Property”). The reasonable value of Plaintiff's work was $24,878.49, but Defendants only paid a portion of the amount owed, leaving an unpaid balance of $15,050.59. Within 90 days of completing the work, Plaintiff recorded a mechanics lien claim against the Property to collect the amount owed. Plaintiff asserts causes of action against Def...
2018.8.7 Demurrer, Motion to Strike 144
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2018.8.7
Excerpt: ...subdivide the parcels with the condition that, among others, the owner “[c]onnect the existing residence, cottage and proposed residence to the existing sanitary sewer system prior to final inspection….” (See FAC, ¶ 9, exh. C.) A sewer line was installed on defendant Sonja Wilkerson's (“Defendant”) property, where the existing residence and cottage were connected. (See FAC, ¶ 9.) A “stub out” was provided on plaintiff 12389 Stoneb...
2018.8.7 Motion for Judgment on the Pleadings 935
Location: Santa Clara
Judge: Stoelker, James L
Hearing Date: 2018.8.7
Excerpt: ...aintiff”) and his wife purchased a residential property at 7868 McClellan Road in Cupertino (the “Property”). (Complaint, ¶¶ 8‐9.) In June 2006, Plaintiff obtained a new loan on the Property and executed a Deed of Trust and Promissory Note in favor of Countrywide Home Loans. (Id., ¶ 9.) After a series of subsequent assignments, defendant Nationstar Mortgage LLC (“Defendant” or “Nationstar”) became the loan's servicer in 2016. (...
2018.8.7 Motion for Reconsideration 395
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2018.8.7
Excerpt: ...e Microsemi Defendants' motion for attorney fees on May 18, 2018, and Defendant Van de Hey's motion for attorney fees issued on May 22, 2018. Even if the motions are timely, Plaintiff does not present new or different facts, circumstances, or law First, it appears the Plaintiff's motions for reconsideration are not timely, but even if the motions for reconsideration are timely, Plaintiff does not present any new or different facts, circumstances,...
2018.8.7 Motion for Terminating Sanctions, Request for Monetary Sanctions 120
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2018.8.7
Excerpt: ...and/or entrusted the motor vehicle to defendant Rosanna Dong. (Complaint, ¶MV‐2.) On July 16, 2015, plaintiff Nancy Foster (“Foster”) filed a Judicial Council form complaint against defendants Rosanna Dong and Li Ming Dong asserting a single cause of action for negligence—motor vehicle. On March 28, 2016, defendant Rosanna Dong (“Dong”) filed an answer to plaintiff Foster's complaint. At a trial setting conference on November 14, 201...
2018.8.7 Motion to Compel 804
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2018.8.7
Excerpt: ...dded for out of country service). The motion to compel responses to Form Interrogatories is GRANTED in part and DENIED in part. The Court finds Incident based form interrogatories to be inappropriate in the context of this case, involving complex business transactions and multiple causes of action. (See California Practice Guide, Civil Procedure Before Trial, §8:933.8, “Objections to certain Official Form Interrogatories are likely to be susta...
2018.8.7 Motion to Compel Compliance 977
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2018.8.7
Excerpt: ...iff raised concerns about policies he believed violated federal regulations, compromised patient care, and/or imperiled staff safety. (Id. at ¶¶11, 21, 29, 31.) The County retaliated against him by, among other things, frequently moving him between different clinical sites, cutting his patient time, and refusing to interview or appoint him for positions he was qualified for. (Id. at ¶¶ 11, 31‐ 33, 37, 40, 44.) Eventually, Plaintiff was term...
2018.8.7 Motion to Set Aside Default Judgment, Recall Writ of Execution
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2018.8.7
Excerpt: ...sulting judgment is void and that she is entitled to relief under CCP Section 473(d) and Peralta v. Heights Medical Center (1988) 485 U. S. 80. Defendant argues that she has been deprived of a fair hearing due to extrinsic fraud and is entitled to bring the instant motion at any time provided the party seeking relief acts with diligence upon learning of the relevant facts. Since Defendant claims she did not learn of the default judgment until Dec...
2018.8.3 Motion to Quash 216
Location: Santa Clara
Judge: Kuhnle, Thomas E
Hearing Date: 2018.8.3
Excerpt: ...ng before the Honorable Thomas E. Kuhnle on August 3, 2018, 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. Plaintiff Sherrie Lyn Walker (“Plaintiff”) alleges defendants Vantage Sourcing, LLC (“Vantage”), Scott Alan Stanford, and Derrick Dean Willman (collectively, “Defendants”) have a routine practice of sending initial written communication...
2018.8.3 Motion to Compel Arbitration, Stay Litigation 775
Location: Santa Clara
Judge: Kuhnle, Thomas E
Hearing Date: 2018.8.3
Excerpt: ...ON This is a putative class action. According to the allegations of the Complaint, filed on October 19, 2017, defendant Wells Fargo Bank, N.A. (“Wells Fargo”) promises its customers who do not opt into Wells Fargo's Overdraft Service that it will not authorize or charge overdraft fees on non‐ recurring debit card transactions. (Complaint, ¶ 1.) However, Wells Fargo authorizes and charges overdraft fees on Uber and Lyft and other one‐time...
2018.8.3 Demurrer 077
Location: Santa Clara
Judge: Kuhnle, Thomas E
Hearing Date: 2018.8.3
Excerpt: ... Thomas E. Kuhnle on August 3, 2018, at 9:00 a.m. in Department 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 Complaint (“FAC”), filed on March 29, 2018, sets forth the following causes of action: (1) Failure to Provide Required Meal Periods; (2) Failure to Provide Required Rest Periods; (3) Failure to Pay Overtim...
2018.8.2 Motion for Attorney Fees 442
Location: Santa Clara
Judge: Stoelker, James L
Hearing Date: 2018.8.2
Excerpt: ...h action”. The “Lodestar” analysis is appropriate for determining attorney fees under the provisions of the Act. The Lodestar methodology requires determination of the number of hours reasonably expended and the reasonable hourly rate that is prevailing in the community for similar services. Keep Our Mountains Quiet v. County of Santa Clara (2015) 236 Cal.App.4th 714; Rey v. Madera Unified Sch. Dist. (2012) 203 Cal.App.4th 1223; Building a ...
2018.8.2 Demurrer, Motion to Strike 628
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2018.8.2
Excerpt: ...s SJSU wrongfully demoted and replaced her with Haight. Plaintiff alleges Haight thereafter made defamatory statements about her. Plaintiff asserts causes of action against SJSU for wrongful demotion and gender discrimination and against SJSU and Haight for defamation. SJSU now challenges the sufficiency of Plaintiff's first cause of action for the third time. It demurs to the first cause of action for wrongful demotion in the operative second am...
2018.8.2 Motion to Quash, Request for Sanctions 398
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2018.8.2
Excerpt: ...��3, 6‐7.) Defendants have engaged in numerous activities constituting nuisances and/or violating the conditions, covenants and restrictions (“CC&Rs”) for their subdivision. (Id. at ¶¶ 10‐21.) Among other things, they regularly allow their property to be occupied by more than fifteen adults, dump trash on their neighbors' lots, park cars on the lawn of their property, and conduct activities resulting in excessive noise. (Id. at ¶ 9.) S...
2018.8.2 Motion for Summary Judgment, Adjudication 077
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2018.8.2
Excerpt: ... Contract; 2) Account Stated; 3) Unjust Enrichment; 4) Quantum Meruit, and; 5) Unfair Competition (violation of Bus. & Prof. Code §17200). The pleadings limit the issues presented for summary judgment or adjudication. (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 pl...
2018.8.2 Motion to Compel Further Responses 921
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2018.8.2
Excerpt: ...��Complainant Mozilla Corporation's Motion to Compel Plaintiff and Cross‐ Defendant Yahoo! Singapore Digital Marketing Pte. Ltd. to Provide Further Responses to Request for Production (Set 1) (4) Motion to File Under Seal Portions of Defendant and Cross‐Complainant Mozilla Corporation's Documents ISO Motions to Compel Plaintiffs and Cross‐Defendants Yahoo Holdings, Inc., Oath (EMEA) Ltd., and Yahoo! Singapore Digital Marketing Pte. Ltd. to ...
2018.8.2 Motion to Compel Responses, Request for Sanctions 809
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2018.8.2
Excerpt: ...id McKee (“McKee”) with form interrogatories‐general (“FI”), set one, and request for production of documents (“RPD”), set one.1 On October 17, 2017; November 6, 2017; and November 22, 2017, defendant McKee's counsel requested and plaintiff Speaker's counsel granted extensions of time to serve answers to the FI and RPD.2 Defendant McKee was granted an extension until December 8, 2017 to serve responses to the discovery.3 Plaintiff S...
2018.8.2 Motion to Set Aside Default, Judgment 645
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2018.8.2
Excerpt: ...or seeking default and default judgment are so numerous that the Court will not detail all of them. A judge may enter a default judgment against a defendant only if the plaintiff has precisely followed certain procedures that ensure that the defendant received sufficient notice of the pending action to make an informed choice as to whether to defend or ignore the plaintiff's claims. (Fasuyi v Permatex, Inc. (2008) 167 Cal.App.4th 681, 691.) T...
2018.7.31 Motion to Strike 324
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2018.7.31
Excerpt: ...n was to be repaid with interest in two years. Defendant failed to repay the principal and interest. Plaintiffs assert two causes of action against Defendant for breach of contract and common counts. Defendant answered the FAC utilizing a judicial council form pleading entitled First Amended General Denial to First Amended Complaint (“Denial”), which contains a general denial of all allegations in the FAC as well as seven affirmative defenses...
2018.7.31 Demurrer 697
Location: Santa Clara
Judge: Stoelker, James L
Hearing Date: 2018.7.31
Excerpt: ... ¶ 9.) Plaintiffs suffered serious injuries because the movement of the backhoe caused their lift basket to slam into the side of the building. (FAC, ¶ 10.) Plaintiffs assert causes of action against defendants Steve Lamming2 and his employer Duran & Venables, Inc. (collectively, “Defendants”) for negligence, battery, and intentional infliction of emotional distress for which they seek compensatory and punitive damages. Defendants filed a d...
2018.7.31 Motion for Protective Order, to Quash Subpoena, to Compel Mental Exam 094
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2018.7.31
Excerpt: ... 10‐11.) They pulled her pants down and her shirt up, touched her private areas with their hands and a stick, and poured dirt and mud down her pants. (Ibid.) During the first attack, only Plaintiff and the two boys were present. (Id. at 10.) On the second occasion, the boys brought another boy to watch and participate. (Id. at 11.) This third boy told another student and the two of them told the playground aide what was occurring behind the she...
2018.7.31 Motion for Summary Judgment, Adjudication 914
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2018.7.31
Excerpt: ...RANTED. (Evid. Code, § 452, subd. (d).) Defendants' motion for summary judgment, or alternatively, summary adjudication, is DENIED. Based on the plain language of the subject promissory note alone, Plaintiff has demonstrated the existence of an actual, present controversy between the parties regarding how to interpret the meaning of terms contained therein, particularly those set forth in Sections 3(F) and 3(E) which relate to the maximum limit ...
2018.7.31 Motion for Summary Judgment, Adjudication 932
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2018.7.31
Excerpt: ... Peters (“Peters”), to secure Moore's release on $250,000 bail. (First Amended Complaint (“FAC”), ¶¶ 10‐11.) Plaintiffs paid a $17,500 premium for the bail bond with $10,000 due immediately and $7,500 payable in monthly installments of $416.66. (FAC, ¶ 11.) Defendant Bankers Insurance Company served as the bond's surety and required that the bond be secured by six different parcels of real property. (FAC, ¶ 11.) Plaintiffs made thei...
2018.7.31 Motion to Compel Further Responses 497
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2018.7.31
Excerpt: ...ts for Admission are unsupported; that the requests are clear, unambiguous, straightforward and relevant; and that no substantive responses have been provided where they are required. Defendant shall serve verified, further responses to numbers 57 through 61, which comply with Code of Civil Procedure §2033.220, without further objections, within 15 days. Monetary sanctions are assessed against Defendant and his counsel, jointly and severally, in...
2018.7.31 Motion to Compel Further Responses, Request for Sanctions 730
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2018.7.31
Excerpt: ...0 Felter Road in San Jose (“Brady Parcel”). (Complaint, ¶2.) The Brady Parcel is immediately adjacent to and shares a common boundary with the Hazari Parcel. (Id.) Defendant Brady disputes and denies the true and correct boundary line between the Brady Parcel and the Hazari Parcel. (Complaint, ¶7.) Defendant Brady also disputes and denies plaintiff Hazari's rights in express easements over and across the Brady Parcel. (Id.) Defendant Brady ...
2018.7.31 Motion to Quash Deposition Subpoenas 039
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2018.7.31
Excerpt: ...n, wherein Defendants could lease back the subject property, provided they allowed reasonable access to the property for Plaintiff to make improvements to the property. Plaintiff alleges that Defendants failed to disclose the existence of shared water service, a fire suppression system that was not up to code, and removal of circuit breakers. Plaintiff additionally alleges Defendants' failure to allow reasonable access to the property. In May 201...
2018.7.31 Demurrer 495
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2018.7.31
Excerpt: ...ctric issued a Hazard Notice regarding the water heater, noting that no natural gas conversion had been made. (See FAC, ¶ 11, exh. B.) On September 6, 2016, Defendant issued a 60 day notice of termination of tenancy. (See FAC, ¶ 12, exh. C.) Defendant prosecuted an unlawful detainer action, Richard Peterson v. Virginia Galik, et al. (Super. Ct. Santa Clara County, 2016, Case No. 2016‐1‐CV‐302622). (See FAC, ¶ 13.) On the day of the Decem...
2018.7.31 Motion to Vacate Notice of Settlement 451
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2018.7.31
Excerpt: ...n was required. No further activity occurred in the case, until Plaintiff's motion filed on July 25, 2017 seeking to “vacate notice of settlement and set case for trial.” As noted by the Court in denying the motion at the hearing on September 12, 2017: Motion to vacate notice of settlement is DENIED without prejudice. Based on the stipulation of the parties, the case was dismissed at the request of Plaintiff with jurisdiction retained under C...
2018.7.31 Motion to Strike 496
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2018.7.31
Excerpt: ...missioner. (Id. at ¶ 3.) On September 21, 2017, the Labor Commissioner Hearing Officer rendered an Order, Decision or Award of the Labor Commissioner. (Id. at ¶ 4.) On November 22, 2017, Mish‐ra filed and served its Notice of Appeal and Notice of Undertaking with Superior Court for Labor Commissioner Case No. 12‐ 99669 CO. (Id. at ¶ 5.) On December 19, 2017, Mish‐ra filed the operative Cross‐Complaint alleging causes of action for: (1)...
2018.7.27 Motion to Quash, Application to Appear Pro Hac Vice 210
Location: Santa Clara
Judge: Walsh, Brian C
Hearing Date: 2018.7.27
Excerpt: ...egations of the Operative Complaint Defendant Merchants & Medical Credit Corporation, Inc. (“MMCC”) is a Michigan corporation engaged in the business of collecting defaulted consumer debts in California. (Complaint, ¶ 11.) Defendants Cairnduff and Hresko are Michigan residents who plaintiff alleges are employees, agents, officers, and/or directors of MMCC and are themselves “thirdparty debt collectors” under the RFDCPA. (Id. at ¶¶ 12�...
2018.7.27 Demurrer 419
Location: Santa Clara
Judge: Kuhnle, Thomas E
Hearing Date: 2018.7.27
Excerpt: ... 27, 2018, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action. According to the allegations of the Second Amended Complaint (“SAC”), filed on April 23, 2018, plaintiffs Thomas H. Padilla, Sr. and Darlene Padilla (collectively, “Plaintiffs”) bring this action seeking restitution for property owners in defendant City of San Jose (the “City”) for amounts pai...
2018.7.27 Motion for Final Approval of Settlement 407
Location: Santa Clara
Judge: Walsh, Brian C
Hearing Date: 2018.7.27
Excerpt: ...proval of his attorney fees, costs, and enhancement award. Plaintiff's motion is unopposed. I. Legal Standard for Approving a Class Action Settlement Generally, “questions whether a settlement was fair and reasonable, whether notice to the class was adequate, whether certification of the class was proper, and whether the attorney fee award was proper are matters addressed to the trial court's broad discretion.” (Wershba v. Apple Computer, Inc...
2018.7.27 Motion for Preliminary Approval of Class Settlement 252
Location: Santa Clara
Judge: Walsh, Brian C
Hearing Date: 2018.7.27
Excerpt: ...Plaintiff began working for defendant as an hourly employee on September 16, 2015, but was not provided with accurate itemized wage statements. (Id. at ¶ 8.) For example, wages identified as “Shift Reg 10” were paid at the rate of $17.32 per hour and overtime hours identified as “Shift O/T 3” were paid at $25.99 per hour, but wage statements reflected that both types of wages were paid at $15.75 per hour. (Ibid.) Plaintiff alleges that o...
2018.7.27 Motion for Preliminary Approval of Class Settlement 263
Location: Santa Clara
Judge: Walsh, Brian C
Hearing Date: 2018.7.27
Excerpt: ...ly reflect their pay period start dates. (Id. at ¶ 23.) Plaintiff also suffered an on‐the‐job injury on February 2, 2016. (Id. at ¶ 39.) He alleges that defendant terminated him without making any attempt to accommodate his resulting disability. (Id. at ¶¶ 39‐44.) On December 21, 2016, plaintiff filed this action, asserting class claims for (1) violation of Labor Code section 226 and (2) penalties under the Private Attorneys General Act...
2018.7.26 Demurrer 436
Location: Santa Clara
Judge: Stoelker, James L
Hearing Date: 2018.7.26
Excerpt: ...he allegations of the SAC, Plaintiff is the owner and voting member of fifty percent of Casa Alondra Mobile Home Park, LLC (the “LLC” of “CAMPH”) and brings the instant action in both a derivative and representative capacity on behalf of the LLC and in his own right as an intended beneficiary. (SAC, ¶ 1.) On June 9, 2014, Defendants undertook to provide legal services for the LLC and its three named members until they were discharged on ...
2018.7.26 Motion for Reconsideration 701
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2018.7.26
Excerpt: ...facts to allow the Court to conclude that he would be able to amend his complaint to state a viable claim, or to support any argument that the demurrer was not properly sustained. By virtue of the demurrer filed by Defendant that challenged Plaintiff's complaint, it was not reasonable for Plaintiff to expect a settlement and then fail to oppose the demurrer and choose not to appear at the hearing. Moreover, Defendant presented evidence that it co...
2018.7.26 Motion for Summary Adjudication 318
Location: Santa Clara
Judge: Stoelker, James L
Hearing Date: 2018.7.26
Excerpt: ...ckground This is an action for defamation and intentional interference with contractual relations. Paladin is a shareholder and the president of APTFrame and Arcsona, Inc. (“Arcsona”). (5AC, ¶¶ 1‐2, 12.) Paladin was also employed by APTFrame as a Senior Program Manager for NetApp pursuant to a Statement of Work. (Id. at ¶ 12.) APTFrame, defendant Global Anchorage, Inc. (“GA”), and Appirio, Inc. (“Appirio”) each provided temporary...
2018.7.26 Motion for Summary Judgment, Adjudication 571
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2018.7.26
Excerpt: ...ocedure, done endoscopically. (First Amended Complaint [“FAC”] at ¶ 14.) After being cleared for surgery, Kessler underwent a right carpal tunnel release procedure with the use of a Manos Device at defendant Spine and Sports Surgery Center (“Surgery Center”). (Id. at ¶ 15.) Prior to surgery, Dr. Yeh allegedly failed to disclose to Kessler that: (1) he was going to use the Manos Device; and (2) he was an investor in the Manos Device and ...
2018.7.26 Motion for Summary Judgment, Adjudication 916
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2018.7.26
Excerpt: ...he first motion is a motion for summary judgment (“MSJ”) directed at the third cause of action for Fraud and Deceit (Promise Without Intention to Perform) in the Second Amended Complaint (“SAC”) of Plaintiff Marsha Armstrong, M.D. (“Armstrong”). The fraud claim is Plaintiff Armstrong's only remaining cause of action as the others were summarily adjudicated in Trepel's favor pursuant to this Court's Order dated June 20, 2016. That same...
2018.7.26 Motion to Compel Production of Docs 632
Location: Santa Clara
Judge: Stoelker, James L
Hearing Date: 2018.7.26
Excerpt: ...her non‐Qualified Person via any platform, including identification of the non‐Qualified Person, by 5:00 P.M., July 31, 2018. Plaintiff failed to comply with paragraph 25 of the protective order to attempt informal resolution of the dispute and provide written objections stating the reasons for objection to Defendant's designation of AEO. The protective order does not specify that reasons be stated for each contested document. The Court inter...
2018.7.26 Request for Admission to be Deemed Admitted, for Monetary Sanctions 077
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2018.7.26
Excerpt: ...hrough its current counsel, who was not counsel of record when the discovery was initially served, essentially does not oppose the motion on its substance, and apparently acknowledges that no responses have been served. Counsel objects to the monetary sanction requested as “discretionary” (which it is not, absent certain required findings), and a “patently unreasonable and excessive.” The Court agrees with the latter contention – the am...
2018.7.26 Motion to Strike, for Monetary Sanctions 891
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2018.7.26
Excerpt: ...erns Defendant's noncompliance with discovery orders filed on September 15, 2017, granting Plaintiff's motions to compel initial responses to its first sets of form interrogatories and request for production of documents. The Court originally ordered Defendant to serve complete verified responses, without objections, within 45 days. Defendant did not comply, and Plaintiff consequently filed a motion to strike Defendant's answer and associated req...
2018.7.24 Request for Monetary Sanctions 857
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2018.7.24
Excerpt: ...�), Acuity Ventures II, LLC (“Ventures II”), Eric Hardgrave (“Hardgrave”), and Larry Hootnick (“Hootnick”).1 Plaintiffs allege AMC, a general partner of the Partnership, as well as Ventures I and Ventures II were formed for the purpose of early‐stage investment in technology companies. They claim Hardgrave defrauded them into investing in these venture funds and that he and Hootnick thereafter mismanaged the funds throughout their o...
2018.7.24 Request for Monetary Sanctions 297
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2018.7.24
Excerpt: ...and exchanged confidential communications” subject to an oral joint defense agreement as part of a regulatory action, and that oral agreement was breached by the Lunardis and GCI, resulting in damage to Swallow. (See FAXC, ¶¶ 33, 82‐84.) In response to discovery seeking persons with knowledge of the alleged breach, Swallow identified his attorney, Allen Ruby. (See Harrington decl. in opposition to motion to quash, ¶ 2.) On February 21, 201...
2018.7.24 Motion to Compel Further Answers
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2018.7.24
Excerpt: ... statement which was contained in Plaintiff's moving papers. “The objections made assumed that Dr. Lowenberg performed surgery on April 29, 2013 when it has been clearly demonstrated that this was impossible unless Dr. Lowenberg was insane or under the influence or attempting to commit a criminal assault”. (Motion 4:1‐ 3) The Court admonishes Plaintiffs' counsel that these sort of statements are unprofessional, disrespectful, and very inapp...
2018.7.24 Motion for Summary Adjudication 801
Location: Santa Clara
Judge: Stoelker, James L
Hearing Date: 2018.7.24
Excerpt: ...s motion for summary adjudication is GRANTED IN PART and DENIED IN PART. The motion is GRANTED as to the second, third and fourth causes of action and DENIED as to the first cause of action. With respect to the first for breach of contract, the Court finds that triable issues of material fact exist regarding the terms of the agreement between the parties, including whether the provisions alleged to have been incorporated by reference in PRT's pur...
2018.7.24 Motion for Summary Adjudication 323
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2018.7.24
Excerpt: ...ential Care Facility.2 There was a water tower on the property that supplied well water to the facility. Plaintiff leased space on the water tower to Defendants for the purpose of affixing telecommunications equipment and infrastructure. Plaintiff alleges Defendants unplugged a heating coil on the water tower thereby causing the pipes to freeze. As a result, Plaintiff suffered $3,000,000 in damages and had to shut down the nursing home. Plaintiff...
2018.7.24 Demurrer 554
Location: Santa Clara
Judge: Stoelker, James L
Hearing Date: 2018.7.24
Excerpt: ...ome in Discovery Bay, California.1 When the subprime mortgage crisis unfolded the following year, Miley could not sell his home to pay back the loan. Miley resigned from Ross's construction company in 2009 and has not made any loan payments since. Ross seeks to recover the principal amount of $600,000 as well as $336,023.98 in interest. In the second amended complaint (“SAC”), Ross asserts causes of action against Miley for: (1) breach of ora...
2018.7.24 Motion to Quash Service of Process 176
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2018.7.24
Excerpt: ...tively, “Defendants”) arises from the fact Defendants own, manage, or allow to continue, a marijuana business. According to the allegations of the Complaint, Coachella is a marijuana distribution business that has operated at 2142 The Alameda in San Jose, California (“the Property”) since May 2017. The other defendants are all in some way related to the ownership or operation of Coachella. Foxx and Nemcov are owners, operators, or manager...
2018.7.20 Application to Seal Docs, Motion for Preliminary Injunction 867
Location: Santa Clara
Judge: Kuhnle, Thomas E
Hearing Date: 2018.7.20
Excerpt: ...8, at 11:00 a.m. in Department 5 (Complex Civil Litigation), the Honorable Thomas E. Kuhnle presiding. The Court now issues its tentative ruling as follows: I. INTRODUCTION This action arises out of alleged trade secret misappropriation. The First Amended Complaint, filed on January 19, 2018, sets forth the following causes of action: (1) breach of contract; (2) breach of the covenant of good faith and fair dealing; (3) unfair business practices;...
2018.7.20 Application to File Under Seal 044
Location: Santa Clara
Judge: Kuhnle, Thomas E
Hearing Date: 2018.7.20
Excerpt: ... now issues its tentative ruling. In the Complaint, filed March 14, 2018, Plaintiff alleges that Crowdstar Inc.'s directors, controlling shareholders, and their representatives breached their fiduciary duties in various ways. Plaintiff alleges six causes of action: (1) Breach of fiduciary duty; (2) Aiding and abetting breach of fiduciary duty; (3) Intentional interference with contract; (4) Intentional interference with prospective economic advan...
2018.7.20 Motion for Final Approval of Settlement 543
Location: Santa Clara
Judge: Walsh, Brian C
Hearing Date: 2018.7.20
Excerpt: ...that order. Plaintiffs now move for final approval of the settlement and approval of their attorney fees, costs, and enhancement awards. Their motion is unopposed. I. Legal Standard for Approving a Derivative Settlement “A court reviewing a settlement agreement considers whether the proposed settlement is fair and reasonable in light of all relevant factors. [Citations.] A court reviews the settlement of a derivative suit as a means of protecti...
2018.7.20 Motion for Preliminary Approval of Class Settlement 676
Location: Santa Clara
Judge: Walsh, Brian C
Hearing Date: 2018.7.20
Excerpt: ...p Subscriptions with Apple, and Apple both delivers and charges subscribers for associated content. (TAC, ¶ 21.) However, Apple does so without complying with various provisions of Business & Professions Code sections 17600‐ 17604, which govern automatic renewal and continuous service offers to consumers in California (the “Automatic Renewal Law” or “ARL”). In order to make purchases from Apple's online store, consumers are first requi...
2018.7.20 Motion to Strike or Preclude Evidence, for Reconsideration, to Seal 530
Location: Santa Clara
Judge: Walsh, Brian C
Hearing Date: 2018.7.20
Excerpt: ... Background According to the operative Second Amended Complaint (“SAC”), defendant advertised its Apple TV 2.0 and 3.0 products as having “HD” or high definition capabilities, when in fact the devices' performance did not meet the industry‐accepted definition of HD, developed by the Advanced Television Systems Committee (“ATSC”). Specifically, Apple did not disclose that Apple TV 2.0 “only supported the H.264 codec with a Main Pro...
2018.7.20 Demurrer, Motion to Seal 486
Location: Santa Clara
Judge: Kuhnle, Thomas E
Hearing Date: 2018.7.20
Excerpt: ...TATIVE RULING RE: DEMURRER TO PLAINTIFF'S AMENDED STOCKHOLDER DERIVATIVE COMPLAINT; MOTION TO SEAL PLAINTIFF'S FIRST AMENDED COMPLAINT; MOTION TO SEAL EXHIBITS 25‐26, 28‐33, 36‐37, AND 39 TO DEFENDANTS' REPLY MEMORANDUM IN SUPPORT OF DEMURRER TO FIRST AMENDED COMPLAINT The above‐entitled action comes on for hearing before the Honorable Thomas E. Kuhnle on July 20, 2018, at 9:00 a.m. in Department 5. The Court now issues its tentative ruli...
2018.7.19 Motion to Strike 479
Location: Santa Clara
Judge: Pierce, Mark
Hearing Date: 2018.7.19
Excerpt: ...to the Shadafni Action, defendants Sharon Ajlouni and Karen Ajlouni (collectively, “Ajlounis”) filed a lawsuit against Hawari, Searles and SCI in Santa Clara County Superior Court, case number 1‐13‐CV‐242018 (“Ajlouni Action”). (Complaint, ¶¶6 – 8.) Defendant Michael Prozan (“Prozan”), a California licensed attorney, represented Shadafni and the Ajlounis in their respective actions against Hawari and others. (Complaint, ¶¶...
2018.7.19 Motion to Strike 302
Location: Santa Clara
Judge: Stoelker, James L
Hearing Date: 2018.7.19
Excerpt: ...he purchase of a home. According to the allegations of the FAC, Plaintiff has difficulty understanding and managing his own financial affairs and therefore his son and daughter‐in‐law, Defendants, offered to help him purchase a home. (FAC, ¶ 1.) On March 24, 2011, Plaintiff and Defendants purchased a residential property (the “Property”) located in Gilroy. (Id., ¶ 2.) When the Property was purchased, title was taken by the parties as jo...
2018.7.19 Motion to Compel Responses, for Monetary Sanctions 917
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2018.7.19
Excerpt: ...es I”), Acuity Ventures II, LLC (“Ventures II”), Eric Hardgrave (“Hardgrave”), and Larry Hootnick (“Hootnick”).2 Plaintiffs allege the Management Company, a general partner of the Partnership, as well as Ventures I and Ventures II were formed for the purpose of early‐stage investment in technology companies. They claim Hardgrave defrauded them into investing in these venture funds and that he and Hootnick thereafter mismanaged the...
2018.7.19 Motion to Compel Further Responses, for Monetary Sanctions 385
Location: Santa Clara
Judge: Pierce, Mark
Hearing Date: 2018.7.19
Excerpt: ...entered into an agreement with after the merger with Aemetis was terminated. As alleged in the third amended complaint (“TAC”), Edeniq was formed in 2008 and is the inventor and exclusive licensor of valuable technology that converts corn fiber into cellulosic ethanol. (TAC, ¶ 8.) This technology would be worth hundreds of millions of dollars if approved by the U.S. Environmental Protection Agency (“EPA”) but Edeniq was consistently unab...
2018.7.19 Demurrer 605
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2018.7.19
Excerpt: ...Realty Investments, Inc., dba Insight Realty Company (“Insight”) and its manager and co‐founder Vincent Woo (“Woo”) (collectively “Defendants”) arises from Defendants' purported scheme to destroy Plaintiffs' business. According to the allegations of the First Amended Complaint (“FAC”), Plaintiffs were in negotiations to purchase real property in downtown Mountain View from Kent Yu (“Yu Transaction”). (FAC at ¶ 14.) Plaintif...
2018.7.19 Demurrer, Motion to Strike 077
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2018.7.19
Excerpt: ...ages. The Cross‐ Complaint was deemed filed as of January 23, 2018 by order of the Court (Hon. Pierce). The only copy of the Cross‐Complaint existing in the Court's file is a copy of the then proposed cross‐complaint attached as exhibit A to the November 27, 2017 declaration of Blue Shield counsel Craig Rutenberg in support of the motion for leave to file a cross‐complaint. The Cross‐Complaint states five causes of action: 1) Breach of ...
2018.7.19 Demurrer 085
Location: Santa Clara
Judge: Pierce, Mark
Hearing Date: 2018.7.19
Excerpt: ... ¶9.) At the time of said breach, defendant Chea owed the sum of $9,996.55 demand for which was made on September 10, 2015 and remains unpaid. (Complaint, ¶10.) Plaintiff Retirement Security Investment Group LLC (“RSIG”) acquired a debt portfolio from Cherrywood Enterprises, LLC consisting of personal loan debt. (Complaint, ¶6.) Plaintiff RSIG is a third party debt buyer and the holder of that certain debt portfolio defined as the Cash Cal...
2018.7.19 Motion for Summary Adjudication 808
Location: Santa Clara
Judge: Stoelker, James L
Hearing Date: 2018.7.19
Excerpt: ...quently filed doe amendments naming, among others, defendant Cushman & Wakefield of California, Inc. (“CWCI”), who was the property manager at the campus. CWCI filed a cross‐complaint asserting causes of action against cross‐defendants DoorKing, Inc. (“DoorKing”), Nortek Security & Control (“Nortek”), and Able Engineering Services, Inc. (“Able”) for equitable indemnity, contribution, declaratory relief, and negligence. CWCI ad...
2018.7.19 Motion for Summary Judgment 381
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2018.7.19
Excerpt: ...d that Defendant had a 50% ownership interest, Katherine Lee had a 10% interest, Jannelle Yoon had a 15% interest, Peter Lee had a 10% interest and Plaintiff had a 10% interest. (See complaint, ¶ 9.) The agreement also prohibited the transfer or disposition of any interest of the subject property without written consent of all parties. (See complaint, ¶ 10.) In early 2016, Defendant informed his other siblings that he had sold the subject prope...
2018.7.19 Motion to Compel Further Responses 003
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2018.7.19
Excerpt: ... Both motions are GRANTED. The Court finds the objections asserted are not supported, and that the responses are not responsive and do not comply with the requirements of Code of Civil Procedure §§2031.210‐2031.250. The moving papers establish good cause for production of the requested documents under §2031.310(b). Verified further responses which comply with §§2031.210‐2031.250 must be served by Arriaga (Line 4) and by Arriaga & Associa...
2018.7.17 Demurrer, Motion for Leave to File Complaint 336
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2018.7.17
Excerpt: ...n Santa Clara County Superior Court, case number 1‐11‐CV‐193356 (“Underlying Action”). (Second Amended Complaint (“SAC”), ¶6.) Deer Crest owned a condominium project in Utah. (Id.) Pursuant to a July 1, 2005 construction contract between Deer Crest and Silver Creek Development Group, LLC (“Silver Creek”), Silver Creek agreed to perform certain construction of the condominium project. (Id.) Granum Partners executed a written gua...
2018.7.17 Demurrer 432
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2018.7.17
Excerpt: ...Second Amended Complaint (“SAC”) of plaintiffs Julio Mendoza (“Mendoza”) and Charise Cass (“Cass”) (collectively, “Plaintiffs”). Factual and Procedural Background This action arises out of the nonjudicial foreclosure sale of real property located at 21435 Madrone Drive, Los Gatos, CA 95033 (“Property”). Plaintiffs originally acquired the Property when they were married. (SAC at ¶¶ 1 and 7.) They allege that the Property is, ...
2018.7.17 Motion to Compel Further Responses 089
Location: Santa Clara
Judge: Pierce, Mark
Hearing Date: 2018.7.17
Excerpt: ... Shulmans are the current owners of 95 Mount Vernon Lane in Atherton (“Replacement Residence”). (Id.) Defendant RFBPO LLC (“LLC”) purchased the Original Residence on October 8, 2013 for $14 million dollars. (FAC, ¶¶4 and 9.) Defendant Santa Clara County Assessor's Office assessed the Original Residence value at $4.86 million dollars. (FAC, ¶4.) LLC is controlled and/or owned by Mark Zuckerberg (“Zuckerberg”), founder of Facebook. (...
2018.7.17 Motion to Compel Further Responses 468
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2018.7.17
Excerpt: ... (See complaint, ¶ 12.) However, Novinium failed to accurately measure the length of the cables by 28%, and, in an attempt to complete the project on time, Novinium increased the injection pressure to 60 psi, double the maximum pressure provided by Novinium's documented injection procedures. (See complaint, ¶¶ 17‐20.) Moreover, Novinium reused ground clamps, improperly mixed or used defective injection fluids, and prematurely capped the cabl...
2018.7.17 Motion to Quash Service of Summons and Complaint 967
Location: Santa Clara
Judge: Pierce, Mark
Hearing Date: 2018.7.17
Excerpt: ...Plaintiff's summons and complaint is DENIED. “A defendant is under no duty to respond in any way to a defectively served summons. It makes no difference that defendant had actual knowledge of the action. Such knowledge does not dispense with statutory requirements for service of summons.” (Weil & Brown et al., CAL. PRAC. GUIDE: CIV. PROC. BEFORE TRIAL (The Rutter Group 2018) ¶4:414, p. 4‐69 citing Kappel v. Bartlett (1988) 200 Cal.App.3d 1...
2018.7.17 Motion to Strike 587
Location: Santa Clara
Judge: Stoelker, James L
Hearing Date: 2018.7.17
Excerpt: ...95.18. On Grimley's claim form, he indicated that he was filing his claim “[i]n response to a judicial petition for forfeiture” and not “[i]n response to notice of administrative proceedings.” (Claim at p. 1.) But Grimley's claim form was the first paper filed in this proceeding; there was no pending petition.2 In November 2017, the Santa Clara County District Attorney's Office (the “DA”) filed a petition for forfeiture pursuant to He...
2018.7.17 Motion to Strike Complaint, Demurrer 947
Location: Santa Clara
Judge: Stoelker, James L
Hearing Date: 2018.7.17
Excerpt: ...erted therein. Defendants' requests for judicial notice are GRANTED IN PART and DENIED IN PART. While the Court may properly take judicial notice of the Complaint as a court document pursuant to Evidence Code section 452, subdivision (d), it may not properly take judicial notice of the existence of a contract between private parties. (Gould v. Maryland Sound Industries, Inc. (1995) 31 Cal.App.4th 1137, 1145.) The requests are GRANTED as to Exhibi...
2018.7.17 Demurrer, Motion to Strike 323
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2018.7.17
Excerpt: ...�FAC”), Plaintiff purchased an automobile with financing from Patelco and insurance from FLIA. At the time of purchase, FLIA provided assurances that it would pay for repairs falling within the scope of the insurance. Subsequently, the vehicle needed repairs and Plaintiff contacted FLIA to determine which repair shop would be covered by his insurance. FLIA stated Plaintiff could take the vehicle to a servicer of his choice and it would cover th...
2018.7.17 Motion to Compel Deposition, Request for Monetary, Evidence, and Issue Sanctions 817
Location: Santa Clara
Judge: Pierce, Mark
Hearing Date: 2018.7.17
Excerpt: ...ted on Mr. Usher's hand using a “MANOS device” “for a carpal tunnel repair.” (Second Amended Complaint (“SAC”) at pp. 4, 6.) Plaintiffs allege Dr. Yeh did not adequately disclose information about the MANOS device or his experience and skill using it. (SAC at pp. 6‐7.) Additionally, during the surgery, Dr. Yeh severed Mr. Usher's median nerve. (SAC at p. 4.) Subsequently, Mr. Usher told Dr. Yeh he had been experiencing “more pain ...
2018.7.13 Motion to Approve Class Settlement 751
Location: Santa Clara
Judge: Walsh, Brian C
Hearing Date: 2018.7.13
Excerpt: ...es paramedical examination services in the State of California, and A.P.P.S. of California is a related entity. (Class Action Complaint, ¶¶ 9‐10.) In October 2015, defendants hired plaintiff as a Medical Examiner to conduct medical exams for life insurance applications. (Id. at ¶ 7.) Plaintiff was classified as an independent contractor and compensated on a piece‐rate basis for her work. (Ibid.) She alleges that she and other members of th...
2018.7.13 Motion for Protective Order 529
Location: Santa Clara
Judge: Walsh, Brian C
Hearing Date: 2018.7.13
Excerpt: ...l his termination on August 7, 2017, and was a Senior Software Engineer at its Mountain View campus. (First Amended Complaint (“FAC”), ¶ 12.) Plaintiff David Gudeman was also a Software Engineer at Google from 2013 until his termination in December 2016. (Id. at ¶ 13.) Plaintiff Manuel Amador worked for Google in San Francisco beginning in 2013, then transferred to its Zurich, Switzerland offices. (Id. at ¶ 14.) He unsuccessfully reapplied...
2018.7.13 Motion for Preliminary Approval of Class Settlement 996
Location: Santa Clara
Judge: Walsh, Brian C
Hearing Date: 2018.7.13
Excerpt: ...ust 15, 2016 to February 20, 2017. (Id. at ¶ 4.) He alleges that his wage statements failed to specify the hourly rates and number of hours worked for the “Premium Pay‐Hourly,” which was listed as a lump sum. (Id. at ¶ 17.) Plaintiff filed this action on May 11, 2017, asserting claims for (1) violation of Labor Code section 226 and (2) penalties under the Private Attorneys General Act (“PAGA”). The parties have reached a settlement. P...
2018.7.13 Motion for Class Certification 901
Location: Santa Clara
Judge: Kuhnle, Thomas E
Hearing Date: 2018.7.13
Excerpt: ...tive class action for recovery of penalties under the California Labor Code Private Attorneys General Act of 2004. 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.) Now before the Court is Plaintiff's motion for class certification...
2018.7.6 Motion to Quash Deposition Subpoena 747
Location: Santa Clara
Judge: Kuhnle, Thomas E
Hearing Date: 2018.7.6
Excerpt: ...t 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a construction defect action. The Complaint, filed on August 18, 2017, sets forth the following causes of action: (1) Violation of Residential Building Standards (Civil Code §§ 896 and 897); (2) Negligence; (3) Strict Liability; (4) Breach of Implied Warranty of TENTATIVE RULING RE: MOTION TO QUASH DEPOSITION SUBPOENA 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1...
2018.7.6 Motion for New Trial 466
Location: Santa Clara
Judge: Kuhnle, Thomas E
Hearing Date: 2018.7.6
Excerpt: ...es its tentative ruling as follows: I. INTRODUCTION According to the allegations of the First Amended Complaint (“FAC”), filed on May 24, 2016, on September 19, 2014, at about 5:30 p.m., plaintiff Stephen Graham rode his bicycle southbound on State Route 9, approaching the intersection with Austin Way in the City of Saratoga, County of Santa Clara, State of California. (FAC, ¶ 5.) Defendant Fariba Farahanchi TENTATIVE RULING RE: MOTION FOR N...
2018.7.6 Motion for Contempt for Violating Preliminary Injunction 867
Location: Santa Clara
Judge: Kuhnle, Thomas E
Hearing Date: 2018.7.6
Excerpt: ...ne 1, 2017 (“Motion”) against Defendant Mark Liew (“Defendant”) comes on regularly for hearing on Friday, July 6, 2018, at 11:00 a.m. in Department 5 (Complex Civil Litigation), the Honorable Thomas E. Kuhnle presiding. The Court now issues its tentative ruling. I. INTRODUCTION This action arises out of alleged trade secret misappropriation. The First Amended Complaint, filed on January 19, 2018, sets forth the following causes of action:...
2018.7.6 Demurrer 288
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2018.7.6
Excerpt: ...nsley (“Tinsley”), originally owned the Property as joint tenants. (FAC, ¶ 3.) When Mr. Tinsley passed away in February 2016, Plaintiff became the sole owner of the Property as the surviving joint tenant. (FAC, ¶ 4.) Subsequently, Plaintiff moved to Nevada and “secured Defendant to manage the [P]roperty for her since she no 1onger lived in California.” (Id. at ¶¶ 1 and 5.) “The agreement was for Defendant to rent the [P]roperty, wit...
2018.7.6 Demurrer 120
Location: Santa Clara
Judge: Kuhnle, Thomas E
Hearing Date: 2018.7.6
Excerpt: ...2017‐1‐CV‐305120 TENTATIVE RULING RE: DEMURRER TO THIRD AMENDED COMPLAINT 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The above‐ entitled action comes on for hearing before the Honorable Thomas E. Kuhnle on July 6, 2018, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: III. INTRODUCTION According to the allegations of the Third Amended Complaint, (“TAC”), filed on May...
2018.7.5 Demurrer, Motion to Strike 119
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2018.7.5
Excerpt: ...d the day before, and the plywood platform upon which Decedent stood collapsed, resulting in Decedent's multi‐story fall and subsequent death. (See SAC, ¶¶ 18, 20.) On January 17, 2018, the Court sustained the demurrer by defendants Level 10 Construction L.P. (“L10 Construction”), Level 10 Management, Inc. (“L10 Management”) and Level 10 Investments LLC (“L10 Investments”) (collectively, “Level 10 defendants”) to the fifth cau...
2018.7.5 Motion for Judgment on the Pleadings, to Compel Deposition, Further Responses 977
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2018.7.5
Excerpt: ...er he complained of substandard patient care that was occurring at the Santa Clara Valley Medical Center. As alleged in the Complaint, the County employed Plaintiff as a psychiatrist for a period of around five years. (Complaint, ¶¶ 9, 44.) During this time, Plaintiff informed Ho – his supervisor – that her policies violated a Food and Drug Administration (“FDA”) mandate. (Id. at ¶ 11.) Specifically, Ho was posting him to a juvenile of...
2018.7.5 Motion to Compel Discovery Responses, for Sanctions 809
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2018.7.5
Excerpt: ...id McKee (“McKee”) with form interrogatories‐general (“FI”), set one, and request for production of documents (“RPD”), set one.3 On October 17, 2017; November 6, 2017; and November 22, 2017, defendant McKee's counsel requested and plaintiff Speaker's counsel granted extensions of time to serve answers to the FI and RPD.4 Defendant McKee was granted an extension until December 8, 2017 to serve responses to the discovery.5 Plaintiff S...
2018.7.3 Demurrer 442
Location: Santa Clara
Judge: Stoelker, James L
Hearing Date: 2018.7.3
Excerpt: ...ose Sanchez, Efigenia Florencia Chavez Sanchez, and Gabino Guevara (collectively, “Plaintiffs”). Factual and Procedural Background This is an action for fraud and negligence. According to the allegations of the operative 4AC, Plaintiffs allege that defendants Leticia Ramona Sandoval Gonzalez (“Gonzalez”), Daniel Alberto Valdez Sandoval, Juventia Narciso Marquez, Felipe Carrasco Villamares, Alejandra Villamares, and Maria Carmen Arteaga Ba...
2018.7.3 Demurrer 915
Location: Santa Clara
Judge: Stoelker, James L
Hearing Date: 2018.7.3
Excerpt: ...ts, namely 1697 and 1699 Foxworthy Avenue. Although not especially clear, it appears they treated these units as one parcel (the “Property”) and agreed they would each own 50 percent of the Property. In 2008, apparently after purchasing the Property, the parties “reduced their oral agreement to a written agreement with Defendants reflecting that Plaintiffs [purchased] 50% of the Property and Defendants [purchased] the other 50% of the Prope...
2018.7.3 Motion to Compel Further Responses, for Monetary Sanctions 487
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2018.7.3
Excerpt: ...cedent”) was participating in a Metabolics class at defendant Achievement Fitness, LLC (“Achievement”), taught by Achievement trainer and co‐owner defendant Denise Riesenhuber (“Denise”). 1 (Complaint, ¶ 7.) In the middle of class, Decedent collapsed, lied flat on her back, motionless, unconscious, not breathing or breathing with agonal respiration, not speaking, and with eyes neither moving nor focused. (Id., ¶ 10.) After seeing th...
2018.7.3 Motion to Compel Discovery Responses, for Sanctions 809
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2018.7.3
Excerpt: ...id McKee (“McKee”) with form interrogatories‐general (“FI”), set one, and request for production of documents (“RPD”), set one.12 On October 17, 2017; November 6, 2017; and November 22, 2017, defendant McKee's counsel requested and plaintiff Speaker's counsel granted extensions of time to serve answers to the FI and RPD.13 Defendant McKee was granted an extension until December 8, 2017 to serve responses to the discovery.14 Plaintif...
2018.7.3 Motion for Summary Judgment, Adjudication 234
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2018.7.3
Excerpt: ... in favor of plaintiff Gold in the amount necessary to prevent foreclosure of the Property plus plaintiff Gold's expenses in documenting the loan, and defendant Sims would sign and record a deed of trust to secure the loan against the Property. (Complaint, ¶4.) On or about March 15, 2016, defendant Sims signed a promissory note in the amount of $20,000. (Complaint, ¶5 and Exh. 1.) On or about March 31, 2016, plaintiff Gold provided defendant Si...
2018.7.3 Motion for Summary Adjudication 581
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2018.7.3
Excerpt: ...fendants”) negligently constructed the wooden, job‐made portable ladder being used by plaintiff Johnathan E. Looper (“Looper”) at the time of the incident by failing to equip the ladder with a rope. (Complaint, First Cause of Action, ¶GN‐1.) As a result, plaintiff Looper was harmed. (Id.) Plaintiff Looper was injured while working as an ironworker for Schuff Steel and working on real property occupied and controlled by Defendants. (Com...
2018.7.3 Motion for Protective Order, to Compel Responses, to Deem Unanswered Requests for Admission 325
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2018.7.3
Excerpt: ...documents, set one; and 3. Plaintiffs' motion to deem unanswered requests for admission, set one, deemed admitted. It is apparently undisputed, and agreed by counsel, that copies of the discovery requests at issue have been provided to defense counsel, and that this was done on or about April 26, 2018. It is also undisputed that defendant at no time has served responses to this discovery, neither within 30 days of the time the documents were pers...
2018.7.3 Demurrer, Motion to Strike 119
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2018.7.3
Excerpt: ... the plywood platform upon which Decedent stood collapsed, resulting in Decedent's multi‐story fall and subsequent death. (See SAC, ¶¶ 18, 20.) On January 29, 2018, plaintiffs Irma Vargas, individually and as representative of the Estate of Jose Luis Delgado Lopez and as successor in interest to Decedent, Sebastian Delgado‐Vargas, Monserrat Delgado‐Vargas, and Samantha DelgadoVargas by and through Irma Vargas as guardian ad litem (collect...
2018.7.3 Demurrer 353
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2018.7.3
Excerpt: ... (“BDFTW”) (collectively, “Defendants”). According to the allegations of the verified complaint, Plaintiff is the owner of real property located at 43 Heath Street, Milpitas, CA (“Subject Property”). Plaintiff executed a mortgage relating to the Subject Property, which consisted of a Deed of Trust (“DOT”) and an Adjustable Rate Rider. The lender, Fieldstone, was a table lender for Contrywide Home Loans (“CHL”). CHL is the orig...

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