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2024.03.14 Demurrer or Motion to Stay 984
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2024.03.14
Excerpt: ...c. (collectively, “Defendants”). According to the first amended complaint (“FAC”), the subject of this action concerns certain real property located at 3962 Ross Avenue in San Jose, California (“Property”). (FAC at ¶ 1.) The Mathew Wang Li ving Trust Dated May 5, 2021 (“Trust”) was and is the co -owner of the Property. (FAC at ¶ 2.) Plaintiff and his late wife, Betty Wang (“Betty”1), were cotrustees of the Trust. (Ibid.) Up...
2024.03.14 Demurrer 490
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2024.03.14
Excerpt: ...ollectively, “Defendants”). Dr. Kethineni is a medical doctor with a specialization in infectious diseases who practices at San Joquin General Hospital. (Complaint at ¶ 2.) In December 2010, non- party Neelinfo, Inc. (“Neelinfo”), a California c orporation, entered into a commercial agreement (“Agreement”) with defendant Techorbit, a Texas corporation. (Complaint at ¶ 3.) On June 13, 2012, Techorbit filed an action against Dr. Keth...
2024.03.14 Demurrer 990
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.03.14
Excerpt: ...d SAC, Plaintiff had a duty to “competently” advise City Entities and to defend them in “numerous lawsuits” involving the City Entities' ownership of the “San Francisco 49ers football team.” (Id. at ¶ 3.) From approximately February 2017 to December 2017, Plaintiff became the “Interim City Attorney” for the Defendant, in a “part time capacity.” (Id. at ¶ 4.) From December 19, 2017, until his termination on September 2, 2021,...
2024.03.13 Motion to Seal 785
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.03.13
Excerpt: ...license Old DivX's codec software. (Complaint, ¶ 1.) In 2013, Plaintiff and Old DivX allegedly amended the contract so Plaintiff could purchase a perpetual license to the Old DivX decoder software. (Id. at ¶ 2.) Plaintiff subsequently paid the perpetual license fee. (I bid.) Plaintiff alleges that it continued using, and reporting its use of, the perpetually licensed Old DivX software for the next eight years without any issues or disputes. (Co...
2024.03.13 Motion to be Relieved as Counsel 663
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.03.13
Excerpt: ..., 2022, sets f orth the following causes of action: (1) Willful Misclassification of Employees as Independent Contractors; (2) Failure to Provide Required Meal Periods; (3) Failure to Provide Required Rest Breaks; (4) Failure to Pay Overtime Wages; (5) Failure to Pay Min imum Wages; (6) Failure to Pay Timely Wages; (7) Failure to Pay All Wages Due to Discharged and Quitting Employees; (8) Failure to Maintain Required Records; (9) Failure to Furn...
2024.03.13 Motion to Approve PAGA Settlement 999
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.03.13
Excerpt: ... Under the Pri vate Attorneys General Act (“PAGA”). Plaintiff alleges that defendant Facility Masters, Inc. (“Defendant”) had an unlawful rounding policy, failed to compensate employees for “off the clock” time, failed to compensate employees when they worked through me al periods, failed to accurately calculate employees' regular rate of pay, failed to provide employees with accurate and complete itemized wage statements, failed to k...
2024.03.13 Motion to Approve PAGA Settlement 701
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.03.13
Excerpt: ...ivil Penalties for Violations of California Labor Code, Pursuant to PAGA, §§ 2698, et seq. (“PAGA”). The parties reached a settlement of the PAGA claim. Plaintiff moved for approval of the PAGA settlement. The motion was unopposed. On February 7, 2024, the court continu ed the motion for approval of the PAGA settlement to March 13, 2024. The court explained that it had multiple concerns regarding the fairness of the settlement. First, the l...
2024.03.13 Motion for Protective Order 666
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.03.13
Excerpt: ...n February 18, 2020, sets forth the following causes of action: (1) Failure to Pay All Hours Worked; (2) Failure to Pay All Overtime Hours; (3) Meal Period Violations; (4) Rest Period Violations; (5) Failure to Reimburse Business Expenses; (6) Wage Statement Violations; (7) Waiting Time Penalties; (8) Private Attorney General Act; and (9) Unfair Competition in Violation of Cal. Business and Professions Code § 17200, et seq. On April 22, 2022, Pl...
2024.03.12 Motion for Summary Judgment 355
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.03.12
Excerpt: ... enumerated “issues,” which the court heard on July 18, 2023. The court granted the motion with respect to Issue No. 5, determining “that Galan Ramirez, like all of the drivers on the roadways in California, had a duty to operate his vehicle in a safe and reasonable manner .” (July 18, 2023 Order at p. 6:5 -7.) The court denied the motion with respect to all of the other issues, none of which disposed of a cause of action, affirmative def...
2024.03.12 Demurrer 319
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.03.12
Excerpt: ...the Healing Wellness Cente r, Inc. (“Center,”) a California corporation located in San Jose. (FAC, ¶¶ 1 -4, 16.) Plaintiff agreed to provide chiropractic services for the Center's “group practice.” (FAC, ¶ 17.) The Agreement provided that Plaintiff “would be responsible for his own t axes, but said nothing [about] billing using CHIANG's Tax ID number, nor was the CENTER using CHIANG's Tax ID number discussed when negotiating” the A...
2024.03.12 Demurrer 869
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.03.12
Excerpt: .... Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 11 March 2024. Please specify the issue to be contested when calling the Court and Counsel. Demurrer of Defendant Mvin ix Corporation To Plaintiff's Complaint. I. Statement of Facts. In or about 2010, plaintiff Han Bich Nguyen (“Nguyen”) secured 16.7% of the stock of defendant Mvinix Corporation (“Mvinix”). (Co...
2024.03.12 Demurrer, Motion to Strike 570
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.03.12
Excerpt: ...rike the TACC; (3) defenda nt Hudson Insurance Company's (“Hudson”) motion to strike the TACC; and (4) Hudson's motion for sanctions against Abdo. Pursuant to California Rule of Court 3.1308, the Court issues its tentative ruling. I. Background This is an action for fraud and unfa ir business practices. According to the TACC, crossdefendant Jalal Shreim (“Jalal”) was the sole shareholder, president, and CEO of Friendly Wholesalers of Cali...
2024.03.12 Motion for Judgment on the Pleadings 636
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.03.12
Excerpt: ...irst Street, San Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 11 March 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo --- Order on Defendant Ford Motor Company for Motion for Judgment on the Pleadings. I. Statement of Facts. On or about 15 March 2014, plaintiffs Sarah Gryder and Stanley Moore (“Plaintiffs”) ...
2024.03.12 Motion for Leave to Amend Complaint 157
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.03.12
Excerpt: ...d witnesses in December 2023, that revealed extensive new information concerning the management and problems at SSH necessitating the need to file an amended complaint. Because of the new information, Plaintiff now believes a claim for punitive damages is warranted. Plaintiff had initially pled punitive damages but voluntarily dismissed the claim without prejudice on April 10, 2023, approximately three months after filing the initial complaint....
2024.03.12 Motion for Summary Judgment 233
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.03.12
Excerpt: ...ting four causes of action against State Farm and/or non -insurance company defendants: (1) Breach of Contract (the insurance policy, alleged against State Farm only); (2) Breach of the Implied Covenant of Good Faith and Fair Dealing (insurance bad faith, alleged against S tate Farm only); (3) Negligence (against all defendants); and (4) Unfair Business Practices (against all defendants). While the specific insurance policy for the subject prope...
2024.03.12 Motion for Summary Judgment 406
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.03.12
Excerpt: ...chael Maidy's, Timothy Cox's, Martin Pichinson's motion for summary judgment, and (6) Feeva Technology Inc.'s motion for summary judgment, against Cross- Defendant, Peter Kleidman. Pursuant to California Rule of Court 3.1308, the Court issues its tentative ruling. I. Bac kground This is an action for breach of settlement agreement allegedly entered to resolve lawsuit CrossDefendant Kleidman filed in 2013. According to the Cross- Complaint brough...
2024.03.12 Motion for Summary Judgment 396
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.03.12
Excerpt: ...urt granted both motions. Plaintiff now asks the Court to vacate its grant of summary judgment for Flowers pursuant to Code of Civil Procedure 473(b) because Plaintiff mistakenly filed her opposition to both motions late because she thought both motions were s et for January 22, 2024. Plaintiff's request is denied. While Plaintiff is correct that the Court declined to exercise its discretion to consider Plaintiff's late filed opposition because...
2024.03.12 Motion to Compel Further Responses 367
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.03.12
Excerpt: ...ges “[d]eff ects and nonconformities to warranty manifested themselves within the applicable express warranty period, including but not limited to, transmission defects, infotainment defects, body defects; among other defects and non -conformities. Plaintiff filed th is action on September 7, 2023, asserting various statutory claims, fraudulent inducement, and negligent repair. Plaintiff now seeks to compel FMC to produce further documents in ...
2024.03.12 Motion to Compel Responses, for Monetary Sanctions 640
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.03.12
Excerpt: ... San Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 11 March 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Ord er on Motion of Defendant JPMorgan Chase Bank, N.A. to Compel Plaintiff to Respond to Discovery Requests, and Request for Monetary Sanctions. I. Statement of Facts. Plaintiff filed this complaint on ...
2024.03.12 Motion to Quash Service 328
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.03.12
Excerpt: ...der”) alleges on February 10, 2022, Lender's predecessors -in -interest entered into a loan agreement (the “Loan”) for up to $3,262,500.00. (Complaint, ¶ 7.) The borrower executed a secured note (the “Note”) in which they agreed to pay the original lender the principa l amount of $3,262,500.00 plus interest, costs, and attorneys' fees. (Complaint, ¶ 8.) To secure payment under the Loan and Note, the borrower pledged to the original le...
2024.03.12 Motion to Set Aside Default 340
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.03.12
Excerpt: ...d and wa s responsible for maintaining the roadway and contracted with Defendant MasTec North America, Inc. (“MasTec”) to dig and/or maintain trenches or tunnels for electrical components near where Plaintiff's accident occurred. (Complaint, ¶¶10 -11.) According t o Plaintiff, MasTec contracted with Smart Communications Systems, LLC (“SCS”) to assist and oversee the construction, including resurfacing the roadway at the accident locatio...
2024.03.12 Motion to Set Aside Default 377
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2024.03.12
Excerpt: ...ion”]; Stepan v. Garcia (1974) 43 Cal.App.3d 497, 500 [the court may take judicial notice of its own file].) Accordingly, the court takes judicial notice of its own file in this matter. Plaintiff's moving papers filed 10/10/2023 and on 2/1/2024 show her address is: 2694 GLEN DOON CT, SAN JOSE, CA 95148. Here, the proof of service filed 6/29/2022 shows that Defendant was served by substitute service. It states that the summons and complaint ...
2024.03.12 Motion to Stay Case 307
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.03.12
Excerpt: ...opposes the motion. Because the court sees little to no utility in a four -month stay, and because Timothy does not demonstrate any valid basis for a stay, the court DENIES the motion. Timothy contends that this case was commenced improperly by his brother, Brian Bumb (“Brian”), in Bria n's capacity as manager of S.J. Bayshore, and that the First Street case will establish this fact by granting Timothy a declaratory judgment that Brian unlawf...
2024.03.07 Motion for Protective Order 407
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.03.07
Excerpt: ...st Street, San Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 06 March 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Order on Motion of Plaintiff for a Protective Order Concerning Mental Health Examination. I. Statement of Facts. The facts of this important matter are well known to this Court and counsel. II. ...
2024.03.07 Demurrer 765
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.03.07
Excerpt: ...ES in part Bernasconi's demurrer. This case arises out of a recorded interview between Hogan, Bernasconi, and Catherine Somers (Bernasconi's “podcast partner”) on June 7, 2023. (Complaint, p. 3:4.)1 After the interview, Hogan indicated to Bernasconi and Somers tha t she wanted to listen to the recording and wanted to play it on her own podcast, but Bernasconi allegedly deleted it. (Id. at p. 4:7, 4:10 -11, 4:16 -17.) Hogan filed this case tw...
2024.03.07 Demurrer 852
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.03.07
Excerpt: .... Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 06 March 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Order On Defe ndant's Demurrer To Plaintiff's First Amended Complaint. I. Statement of Facts. In or around 21 January 2008, defendant Kiran Kumar Gunnam (“Gunnam”) commenced employment with plaintiff LSI Corpo...
2024.03.07 Demurrer 993
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.03.07
Excerpt: ..., was “enrolled in” Defenda nt Does 1 through 6-operated religious organizations (collectively, “Doe Church Defendants”) in California. (FAC, ¶¶ 1 -2, 5, 13.) While a minor, Plaintiff attended religious services at these organizations. (Id., ¶¶ 13, 15 -16.) The FAC alleges Plaintiff wa s a minor at the time of the assault, but it neither specifies the age of Plaintiff nor date(s) of the alleged assault. (Id., ¶ 2.) Defendant Doe 7 (...
2024.03.07 Motion for Final Approval of Settlement 353
Location: Santa Clara
Judge: Adams, Charles F
Hearing Date: 2024.03.07
Excerpt: ...ANTS th e motion, with litigation costs limited to $10,000. I. BACKGROUND Defendant employed Plaintiff and other non -exempt employees in California, and continues to do so. (First Amended Consolidated Class Action Complaint (“FAC”), ¶¶ 26 -27.) Plaintiff alleges that Defendant failed to pay minimum and overtime wages for all hours worked at the correct rate and within the required time. (Id., ¶ 29.) Plaintiff and other employees did not r...
2024.03.07 Motion for Preferential Trial Setting 051
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.03.07
Excerpt: ...e. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 06 March 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Order on Motion of Plaintiff For Preferential Trial Setting. I. Statement of Facts. Plaintiff filed this complaint for damages and equitable relief on 28 July 2023.33 The complaint generally alleges that plainti...
2024.03.07 Motion to Enforce Purported Settlement Agreement 133
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.03.07
Excerpt: ...ril 10, 2023 email exchange demonstrates [that] the parties mutually consented to essential settlement terms— payment of $8,000 by Defendant in exchange for Plaintiff's dismissal . . . . These emails form an enforceable settlement contract under California law.” (Memo randum at p. 4:1 -4.) The court has reviewed these emails attached to the motion and finds that they are somewhat ambiguous as to whether the parties truly had a final enforce...
2024.03.07 Motion for Summary Adjudication 787
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.03.07
Excerpt: ...(See FAC, ¶ 34.) On the date of the signing of the loan agreement, Modesto Duran was in the hospital recovering from COVID; however, Zoe Hamilton, MF's representative, pressured Marisela to forge Modesto's signatures on the loan agreement. (See FAC, ¶ 35.) Defendants forced Plaintiffs to execute a promissory note — secured by a deed of trust to the home and Plaintiffs' commercial property at 373 South Twenty -Fourth Street in San Jose (“Com...
2024.03.07 Motion to Compel Arbitration 904
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2024.03.07
Excerpt: ...uest to dismiss the action pend ing the outcome of the arbitration is DENIED as MOOT. BACKGROUND On November 29, 2023, Plaintiff filed the instant action against Cloudbrink and its Chief Executive Officer, Mana. Plaintiff asserts seven causes of action in his Complaint for (1) [Whistlebl ower] Retaliation in Violation of California Labor Code sections 1102.5 and 98.6, (2) Fraudulent Misrepresentation, (3) Negligent Misrepresentation, (4) Breach ...
2024.03.07 Motion to Compel Further Responses 300
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.03.07
Excerpt: ...nd Requests for Prod uction Nos. 1, 2, and 4. In addition, State Farm requests $2,060 in monetary sanctions against both Herrera and his defense counsel. For the reasons that follow, the court GRANTS the motion to compel; in addition, it GRANTS the request for monetary sancti ons against Herrera only, not his counsel. The responses given to the discovery so far consist entirely of objections. As such, they are insufficient on their face. The reas...
2024.03.07 Motion to Compel Responses 673
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.03.07
Excerpt: ...to hear Travelers' motion for summary judgment on this date (March 7, 2024), but Plaintiffs filed an ex parte application arguing that they needed additional discovery (and a motion to compel that discovery) before they could adequately respond to the summary judgment motion , under Code of Civil Procedure section 437c, subdivision (h). Without addressing the merits of Plaintiffs' discovery argument, the court granted the ex parte application, c...
2024.03.07 Motion to Quash Service of Summons 300
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2024.03.07
Excerpt: ... asserting it serve d Que by personal service in Hong Kong on August 10, 2023, at 7:49 PM. The proof of service indicates Chau Sinling Fanny (“Fanny”) served the papers on Que. Que specially appears to bring a motion to quash service by Plaintiff. II. Motion to Quash Que mo ves to quash service of summons on the ground the Court lacks jurisdiction over him because Plaintiff failed to properly serve him pursuant to international laws. a. Legal...
2024.03.07 Motion to Strike Declaration, to Seal, for Class Certification 132
Location: Santa Clara
Judge: Adams, Charles F
Hearing Date: 2024.03.07
Excerpt: .... (“CSC ”) to form Defendant DXC Technology Company (“DXC”) (the “Merger”). Before the Court are the following motions: (1) Defendants DXE, HPE, Mukesh Aghi, Amy E. Alving, David Herzog, Sachin Lawande, J. Michael Lawrie, Julio A. Portalatin, Peter Rutland, Mano j P. Singh, Robert F. Woods, Rishi Varma, Timothy C. Stonesifer, Jeremy K. Cox, and Margaret C. Whitman's (collectively, “Defendants”) motion to strike the declaration of ...
2024.03.07 Motion for Summary Judgment, Adjudication 215
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.03.07
Excerpt: ... Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 06 March 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Order On Motion Of Plaintiff For Summary Judgment, or, In The Alternative, Summary Adjudication. I. Statement of Facts. Defendants Full Power Properties, LLC and FPP MB LLC (“Owners”) are fee simple owner...
2024.03.06 Motion to Remand 292
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.03.06
Excerpt: ...rmation with Meta Platforms, Inc., without class members' knowledge or consent. The Complaint, filed by plaintiff Indigo Spalinger (“Plaintiff”) on February 28, 2023, sets forth the following causes of action: (1) Violation of the California Invasion of Privacy Act, Cal. P enal Code § 631; (2) Violation of the California Confidentiality of Medical Information Act, Cal. Civ. Code § 56.10; and (3) Invasion of Privacy Under California's Cons...
2024.03.06 Motion for Preliminary Approval of Amended Settlement 771
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.03.06
Excerpt: ... filed the operati ve First Amended Complaint (“FAC”) against defendants Grocery Delivery EServices USA, Inc. and Insperity Business Services, L.P. on March 18, 2020. The FAC sets forth the following causes of action: (1) Violation of 15 U.S.C. §§ 1681b(b)(2)(A) (FCRA); (2) Violation of 15 U.S.C. §§ 1681d(a)(1) and 1681g(c) (FCRA); (3) Failure to Provide Meal Periods (Lab. Code §§ 204, 223, 226.7, 512 and 1198); (4) Failure to Provide ...
2024.03.06 Demurrer, Motion to Strike 616
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.03.06
Excerpt: ...tional”), and Topgolf USA El Segundo (“Topgolf El Segundo”) (collectively, “Defendants”), which sets forth a single cause of action for Violation of the California Labor Code Private Attorneys General Act of 2004 (Cal. Lab. Code §§ 2698, et seq.). Plaintiff alleges that he wa s employed by Defendants and Defendants engaged in a systematic pattern of wage and hour violations by failing to pay all wages (including minimum wages and over...
2024.03.05 Motion for Immediate Possession of Property 482
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.03.05
Excerpt: ...t, San Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 04 March 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Motion of Plaintiff Santa Clara Valley Open Space Authority for Immediate Possession of Property. I. Statement of Facts. Plaintiff filed this eminent domain complaint on 17 November 2023.1 Plaintiff al...
2024.03.05 Demurrer to FAC 969
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.03.05
Excerpt: ...et, San Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 04 March 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Order On Defendants' Demurrer to Plaintiff's First Amended Complaint. I. Statement of Facts. Defendant Artson Group International Trade, Inc. (“Artson Group”) was formed in 2004 at the direction of...
2024.03.05 Demurrer, Motion to Strike 237
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.03.05
Excerpt: ...ion: (1) Breac h of Contract; (2) “Unauthorized charges to credit card on file with A Tool Shed,”; (3) Breach of the Implied Covenant of Good Faith and Fair Dealing; (4) “Unfair Debt Collection Action”; and (5) “Disparagement and Emotional Distress.” Although there are three named defendants in the complaint, all five causes of action are asserted against only ATS. There are also cross -complaints. On September 29, 2023, defendants ...
2024.03.05 Demurrer, Motion to Strike 766
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.03.05
Excerpt: ...ssed, abused and molested by McQuigg both on and off the premises of MHS. (See complaint, ¶¶ 16 -18.) In August 2023, McQuigg was arrested and charged with sexually abusing and molesting a minor student at MHS. (See complaint, ¶ 26.) On August 3, 2023, Plaintiff filed a complaint against defendants District, and McQuigg (collectively “Defendants”), asserting causes of action for: 1) Negligence, negligent supervision, negligent hiring and/...
2024.03.05 Special Motion to Strike Complaint 652
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.03.05
Excerpt: ... First Street, San Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 22 January 2024. Please specify the issue to be contested when calling the Court and Counse l. --- oooOooo --- Order on Defendants' Special Motion to Strike Complaint. I. Statement of Facts. Plaintiffs Gurmail Singh Khalsa (aka Gurmail Singh Bath) (“Khalsa”) and Harpal Singh Chahal (“Chahal...
2024.03.05 Motion for Summary Adjudication 541
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.03.05
Excerpt: ...ose. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 04 March 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Order on Defendants Kho Liep Chok and Ya Hui Tu's Motion for Summary Adjudication. I. Statement of Facts. Plaintiffs Michael Yelavich and Linda Yelavich (“Plaintiffs”) are a married couple who have owned th...
2024.03.05 Motion for Summary Judgment, Adjudication 171
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.03.05
Excerpt: ...d and/or distribut ed by Kia. (First Amended Complaint (“FAC”), ¶6.) Morales received an express written warranty which, among other things, covered the Theta 2.0 -liter and 2.4 -liter direct injection engines (“2.0L and/or 2.4L GDI Engine”) and transmission. (FAC, ¶ 7.) A ccording to the complaint, during the warranty period, the Subject Vehicle contained or developed defects that substantially impaired the use, value, or safety of the...
2024.03.05 Motion to Compel Expert Payment of Deposition Witness Fees 199
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.03.05
Excerpt: ...opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 04 March 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Order on Motion of Plaintiff to Compel Defendant to Pay Expert Deposition Witness Fees. I. Statement of Facts. This complaint was filed on 14 October 2020.1 Plaintiff, a non -English speaking Colombian immigrant, was hired b...
2024.03.05 Motion to Transfer 613
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.03.05
Excerpt: ...Cal.App.3d 243, 245-246. A plaintiff's choice of venue is “presumptively correct.” Id. At 247. The burden of proof is on defendant. Defendants first claim that venue must be transferred because it is not proper pursuant to CCP section 395.5. Under 395.5, a plaintiff must bri ng its case where the contract was made or performed, where the obligation or liability arose or where the breach occurred, or in the county where the principal plac...
2024.03.05 Demurrer 883
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2024.03.05
Excerpt: ... owned by Yan Jian, together with her husban d and children, referred to as the “Chen Family.” (Id. at ¶ 2.) In March 2019, GFL leased the Property to Blueprint, so it could operate a hotpot restaurant called Tian Fu Xiang Hotpot (“TFX”). (Id. at ¶¶ 27, 44.) Shi is the owner of Blueprint. (Id. at ¶ 4 .) In order to obtain possession of the Property, Shi first interfered with GFL's sale agreement with a potential buyer of the Property...

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