Search

Array
(
)

5967 Results

Location: Santa Clara x

Array
(
)

SELECT * FROM wp_posts WHERE (post_type = 'attachment') AND ID IN (SELECT object_id FROM wp_term_relationships WHERE term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND parent IN (SELECT term_id FROM wp_terms WHERE term_id = 244))) AND (true) AND (true) ORDER BY post_title DESC LIMIT 350,50

Array
(
)

2024.02.22 Motion to Compel Responses, to Strike, for Monetary Sanctions 779
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.02.22

Excerpt: ...nt project in San Jose know n as “Downtown West.” (See FAC, ¶¶ 1 -2, 42 -47.) Defendant Leslie Kipp is one of several descendants of former owners of the parcels comprising the subject property and may claim to have some right, title, estate, interest, lien or cloud on title to the s ubject properties. (See FAC, ¶¶ 5 -41.) Plaintiffs collectively assert fee interest ownership of the subject properties, alleging that Civil Code section 831...

2024.02.22 Demurrer 831
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2024.02.22

Excerpt: ...scan for Plaintiff. (Ibid.) Plaintiff did not receive a call from Defendant explaining the results of the CT scan or to discuss any risks or future treatment. (Ibid.) Instead, Plaintiff received a postcard concerning her test re sults which simply stated, “no abnormalities.” (Ibid.) On August 18, 2022, Plaintiff woke up and was nearly completely blind in her right eye. (See Attachment to Complaint.) Plaintiff alleges Defendant should have dia...

2024.02.22 Demurrer 335
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2024.02.22

Excerpt: ...operator of the vehicle, was driving a 2017 Lexus RX. (Compl., ¶¶ 3 -4.) Plaintiff did not contribute to the accident. (Compl., ¶ 7.) On October 16, 2023, Plaintiff ﬁled her Complaint alleging a negligence cause of action against Defendant. On January 2, 2024, Defendant ﬁled a demurrer to the Complaint. Plaintiff opposes the motion. II. Demurrer a. Legal Standard “A demurrer tests only the legal sufficiency of the pleading. It admits the...

2024.02.22 Demurrer 362
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.02.22

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 21 February 2024. Please specify the issue to be contested when calling the Court and Counsel. --- o ooOooo --- Order On Defendant Aemetis Advanced Fuels Keyes, Inc.'s Demurrer To Plaintiff's Complaint. I. Statement of Facts. Plaintiff Lion Manufacturing (“Lion”) is engaged in the business of c...

2024.02.22 Demurrer 456
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.02.22

Excerpt: ...reholder of a separate entity, Cynthi.io Inc. Google's termination letter —sent only to Mr. Willaims —accuses Plaintiff of conducting work for Cynthi.io using Google's time and resources, including his corporate laptop. Plaintiff vehemently denies very sentence o f the termination letter, referencing both his pre -hiring correspondence with other Google personnel and his cooperation during Google's investigation of this alleged conﬂict of i...

2024.02.22 Demurrer 210
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.02.22

Excerpt: ... Way in Stanford, County of Santa Clara (“Property”.) The Property is owned by Plaintiff as part of its housing program located in a 450 -acre subdivision and used exclusively to provide subsidized housing for eligible faculty. (FAC ¶¶ 3, 8, 33.) On August 21, 2018, P laintiff entered into a ground lease agreement with the Faculty Lessee for a term of 51 years. Plaintiff reserved a signiﬁcant ongoing interest in the Property and granted o...

2024.02.22 Demurrer, Motion to Strike 929
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.02.22

Excerpt: ...ah resided at t he time of commencement of the action. On April 22, 2022, Li ﬁled the operative ﬁrst amended complaint for declaratory relief (“FAC”). On September 2, 2022, Mummah concurrently ﬁled an Answer to the FAC and a Cross- Complaint for Violation of Federal and California Fair Debt Collection Practices Acts (“FDCPA”) (“cross- complaint”). The cross-complaint named Li's attorney, Scott A. Flaxman, as a cross- defendant. ...

2024.02.22 Motion for Summary Judgment 859
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.02.22

Excerpt: ...Lua. (Complaint, p. 4.) Lua initiated this action on December 3, 2021, asserting claims for negligence and premises liability. On October 4, 2023, Seaside ﬁled the instant motion, which Lua opposes. II. Evidentiary Objections Lua's objections to Seaside's evide nce do not need to be ruled upon because they do not comply with Rule of Court 3.1354. Rule 3.1354 requires two documents to be submitted when evidentiary objections are made: the object...

2024.02.22 Motion for Summary Judgment, Adjudication 601
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.02.22

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 21 February 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oo oOooo --- Orders on: (1) Motion Of Defendants/ Cross -Complainants For Summary Judgment, Or In The Alternative, Summary Adjudication, On Cross -Complaint; (2) Motion Of Defendants For Summary Judg...

2024.02.22 Motion to Compel Deposition 150
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2024.02.22

Excerpt: ...On 12/8/2022 Defendant served a notice of taking Plaintiff's deposition on 12/28/2022 and requested the RPD Nos. 1 -17 be produced at the deposition. Written objections must be served on the party noticing the deposition at least three calendar days before the deposition. (Code Civ. Proc. § 2025.410(a), (b).)3 Plaintiff served timely written objections to the notice of deposition by email on 12/23/2022. A party may move to compel deposition atte...

2024.02.22 Motion to Compel Further Responses, for Monetary Sanctions 075
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.02.22

Excerpt: ...ar, make, and model as the [Subject Vehicle]”: (1) internal analyses and investigations regarding the “electrical defect” that allegedly manifested itself in the Subject Vehicle; (2) communications regarding the electrical defect; (3) electronic documents “relating to any decision to issue any notices, letters, campaigns, warranty extensions, technical service bulletins and recall concerning the [electrical defect]; (4) customer complaint...

2024.02.22 Motion to Compel Mental Exam 748
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.02.22

Excerpt: ...of John Doe 6. Doe 1 argues that Doe 6 has placed his mental condition at issue in this case, given his claims that he “continues to suffer from post -traumatic stress disorder, depression, repressed feelings and memories of his encounters, aggression, psychological s truggles, substance abuse, psychological trauma[,] and an inability to maintain meaningful relationships as a result of the alleged childhood sexual abuse that forms the basis of ...

2024.02.21 Motion to Compel Arbitration and Dismiss or Stay Action 082
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.02.21

Excerpt: ... “Defendants”) ar ising out of various alleged wage and hour violations. The Class Action Complaint (“Complaint”), ﬁled by plaintiffs Chyna La She Cole (“Cole”) and Alexander Jay Matua (“Matua”) (collectively, “Plaintiffs”) on March 24, 2023, sets forth causes of action f or: (1) Failure to Pay Overtime Wages; (2) Failure to Pay Minimum Wages; (3) Failure to Provide Meal Periods; (4) Failure to Provide Rest Periods; (5) Wait...

2024.02.21 Motion for Final Approval of Settlement 451
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.02.21

Excerpt: ... following cau ses of action: (1) Failure to Pay Wages for All Hours Worked, Labor Code sections 204(b), 223, 1194, 1194.2 Wage Orders; (2) Failure to Pay Overtime Wages, Labor Code sections 510, 1194, 1198, Wage Orders; (3) Failure to Provide Meal Periods, or Pay Premiu m Wages in Lieu Thereof; (4) Failure to Provide Rest Breaks, or Pay Premium Wages in Lieu Thereof; (5) Failure to Provide Accurate Itemized Wage Statements, Labor Code section 22...

2024.02.21 Motion for Final Approval of Settlement 260
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.02.21

Excerpt: ...uses of action: (1) Failure to Provide Meal Periods; (2) Failure to Permit Rest Breaks; (3) Failure to Provide Accurate Itemized Wage Statements; (4) Failure to Pay All Wages Due Upon Separation of Employment; (5) Violation of Business and Professions Code §§ 17200, et seq. (“UCL”); (6) Failure to Reimburse Business Expenses; and (7) Enforcement of Labor Code § 2698 et seq. (“PAGA”). The parties reached a settlement. Plaintiff Tracee S...

2024.02.21 Motion for Final Approval of Settlement 108
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.02.21

Excerpt: ... 23, 2023, sets forth causes of action for: (1) Violation of Cal. Labor Code §§ 510 and 1198 (Unpaid Overtime); (2) Violation of Cal. Labor Code §§ 226.7 and 512, subd. (a) (Unpaid Meal Period Premiums); (3) Violation of Cal. Labor Code § 226.7 (Unpaid Rest Period P remiums); (4) Violation of Cal. Labor Code §§ 1194, 1197, and 1197.1 (Unpaid Minimum Wages); (5) Violation of Cal. Labor Code §§ 201, 202, and 203 (Final Wages Not Timely Pai...

2024.02.21 Motion for Final Approval of Settlement 092
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.02.21

Excerpt: ...023, sets fort h the following causes of action: (1) Failure to Pay All Minimum Wages; (2) Failure to Pay All Overtime Wages; (3) Rest Period Violations; (4) Meal Period Violations; (5) Wage Statement Violations; (6) Failure to Reimburse for Necessary Business Expenses; (7) Waiting Time Penalties; (8) Failure to Timely Pay Wages During Employment; (9) Unfair Competition; and (10) PAGA Penalties. The parties reached a settlement. Plaintiffs Erlind...

2024.02.21 Demurrer, Motion to Strike 842
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.02.21

Excerpt: ... Penalties Under PAGA fo r Violations of Labor Code Section 2751(a) and (b); (2) Civil Penalties Under PAGA for Violations of Labor Code Section 1102.5; (3) Civil Penalties Under PAGA for Violations of Labor Code Section 232.5; and (4) Civil Penalties Under PAGA for Violations of Labor Code Section[s] 201, 202, and 203. Now before the court is Defendant's demurrer to the ﬁrst through third causes of action of the SAC on the ground of failure to...

2024.02.20 Demurrer 527
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.02.20

Excerpt: ...al According to the allegation s in the operative Complaint, Plaintiff Pereira entered into a “Listing” agreement with prospective buyers, Xiochiti Mijangos and Patel Mijangos (collectively, “Buyers,”) for the sale of real property located on 12935 Columbet Avenue, San Martin, Californi a (“Subject Property.”) Robert Ellis (“Ellis,”) a realtor at Remax Morgan Hill, was the listing agent of the Subject Property. (Complaint. p. 3.) ...

2024.02.20 Demurrer 345
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.02.20

Excerpt: ...2) Battery; (3) Gen der Violence in Violation of Civil Code Section 52.4; (4) Assault; (5) Violation of the Ralph Civil Rights Act (Civil Code Section 51.7); (6) Violation of the Bane Act (Civil Code Section 52.1); (7) Intentional Inﬂiction of Emotional Distress; and (8) Neg ligent Inﬂiction of Emotional Distress. There are no exhibits attached to the complaint. Currently before the court is Gandoza's demurrer to the complaint, ﬁled on Dece...

2024.02.20 Demurrer 418
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.02.20

Excerpt: ...y party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 16 February 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Order On Demurr e r To Plaintiff's Complaint. I. Statement of Facts. Plaintiff Erik Estavillo (“Estavillo”) is permanently disabled, suffering from Crohn's disease, depression, obsessive -compulsive disorder, a...

2024.02.20 Demurrer 446
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2024.02.20

Excerpt: ...mmonly known as Suite 700 (“Premises”) of the building located at 2440 West El Camino Real in Mountain View, California. (Complaint at ¶ 5.) The Lease required Flex Logix, among other things, to pay rent and other charges (collectivel y, “Rent”) when due. (Id. at ¶ 6.) Despite this requirement, Flex Logix failed to pay Rent when due under the terms of the Lease. (Id. at ¶ 7.) On June 8, 2023, BXP served Flex Logix with a 5 -day Notice ...

2024.02.20 Demurrer 506
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.02.20

Excerpt: ...In mid -2021, the Coun ty required its employees to receive vaccinations for SARS -CoV -2, the virus that causes the COVID -19 disease. (Ibid.) From mid -2021 to November 15, 2021, Salinas sought a religious exemption or accommodation from Defendants, and he submitted a Religious Exception Request Form in August 2021. (Id. at ¶ 3; see also Exh. A.) On November 4, 2021, Defendants sent a notice of denial of the religious exemption, determining th...

2024.02.20 Demurrer, Motion to Strike 145
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.02.20

Excerpt: ...of action in the First Ame nded Complaint (“FAC”). Defendants have also ﬁled a motion to strike certain portions of the FAC. I. BACKGROUND A. Factual According to the allegations of the FAC, Plaintiff was employed at Yeganah. (FAC, ¶¶ 20 -21.) On or about August 28, 2021, Plainti ff pointed out to Tarighat that he believed Tarighat had made a mistake with a customer's food order. (Id., ¶ 22.) Tarighat became upset and began yelling at Pl...

2024.02.20 Demurrer, Motion to Strike 362
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.02.20

Excerpt: ...) loaned Plaintiff $620,000 (the “Loan”) subject to a promissory note (“Note”) secured by real property located at 11820 Foothill Avenue in Gilroy (the “Property”).1 (SAC, ¶¶ 1, 10.) A Deed of Trust was recorded on December 16, 2016. (SAC, ¶ 11.) In 2018 and 2020, Mil estone Financial imposed amended terms for the Loan and Plaintiff had no choice but to agree to the demands each time. (SAC, ¶ 13.) The 2020 Amended Loan Agreement c...

2024.02.20 Motion for Dismissal on Grounds of Inconvenient Forum 435
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.02.20

Excerpt: ...ourt 3.1308, the Court issues its tentative ruling. I. Background Plaintiff claims he is a “federal whistleblower in what [is] alleged to be the longest and most lucrative water grab [] in the State of Utah.” (Complaint ¶ 1.) According to the complaint, Defendants “perpetuated a fraudulent scheme to retire senior water rights vis- à-vis duplicitous water claims….for the construction and massive expansion of a luxurious private urban dev...

2024.02.20 Motion for Reconsideration 624
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.02.20

Excerpt: ...ghth Division (F ord Motor Warranty Cases (2023) 89 Cal.App.5th 1324 (Ochoa)), and one from the Seventh Division (Montemayor v. Ford Motor Co. (June 26, 2023, B320477) __ Cal.App.5th __ [2023 Cal.App.Lexis 481; 2023 WL 4181909] (Montemayor)) —both of which expressly disagre e with Felisilda. More recently, the Third Appellate District Court of Appeal in Keilar on August 16, 2023, and, the First Appellate District Court of Appeal in Yeh on Septe...

2024.02.20 Motion for Summary Judgment 134
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.02.20

Excerpt: ...their papers a nd the hearing, the court makes the following rulings: This is an action for attorney malpractice. According to the allegations of the complaint, in 2013, plaintiff Kevin Young (“Young”) began working at plaintiff ABC Wholesale, Inc. (“ABC”), a company founded by his parents. (See complaint, ¶ 8.) Young obtained legal advice regarding the business, including operations and collections, from defendants Judy ChiDee Tsai (“...

2024.02.20 Special Motion to Strike 895
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.02.20

Excerpt: ...y party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 16 February 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Order On Defe ndant Michael Shtein's Special Motion To Strike. I. Statement of Facts. Plaintiff Lynley Hogan (“Hogan”) rents rooms in her Los Gatos home to guests through a company called VRBO. (First Amended C...

2024.02.15 Demurrer 003
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.02.15

Excerpt: ...nt, ¶ 1.) Dr. Asllani is a Kosovo resident, doctor, and human rights activist, who has documented human rights violations in the Western Balkans for the past 30 years. (Complaint, ¶ 3.) Plaintiffs allege Google discriminated against the Albanian language by excl uding it on Google platforms and failing to support it on Google Ads and Google Adsense. (Complaint, ¶¶ 9 -12.) In 2014, the Director of Google Adriatic visited the Republic of Kosovo...

2024.02.15 Demurrer 279
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.02.15

Excerpt: ... again st Emil Eshagh and The Perfect Finish Inc. (“Perfect Finish”) in the amount of $50,733.28, for breach of contract, fraud, and other causes of action. Emil Eshagh was/is involved in the operation of The Perfect Finish. (Complaint, ¶ 11.) Plaintiffs had contracted Perfect Finish to design, build, and install kitchen and bathroom cabinets. (Complaint, ¶ 9.) On May 1, 2023, during a debtor's exam, Mr. Eshagh claimed (1) Earthlime Inc. wa...

2024.02.15 Demurrer 653
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.02.15

Excerpt: ...party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 14 February 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Order On Defenda n t 's Demurrer To Plaintiff's Complaint. I. Statement of Facts. Plaintiff Ampere Computing LLC (“Ampere”) is a semiconductor manufacturer founded in 2017. (Plaintiff Ampere's complaint in case n...

2024.02.15 Motion for Attorney Fees 005
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.02.15

Excerpt: ...V395005) after Respondents successfully quashed a petition to correct the arbitration award, this court (Judge Kirwan) awarded $461,250.00 out of the $745,696.49 requested. In the second motion, ﬁled in a related case (No. 22CV399395) after Respondents (who were petitioners in that case) prevailed on a petition to conﬁrm the arbitration award, this court (the undersigned) awarded $361,923.55 out of the $810,545.35 requested in this case. The ...

2024.02.15 Motion for Judgment on the Pleadings, for Leave to File Verified Answer 474
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.02.15

Excerpt: ...s father and his mother Adrienne, as joint tenants, gifted property located at 2960 Sierra Road in San Jose (the “Property”) to Tyler and his wife, Leticia Kawamoto. (SAC, ¶ 10.) On April 30, 2007, Tyler and Leticia paid Tyler's parents $350,438.87 for the Property, and they continued to make mortgage payments of $1,500 per month. (SAC, ¶¶ 11 -12.) On June 6, 2008, Tyler's father passed away. (SAC, ¶ 13.) On November 12, 2008, Adrienne tr...

2024.02.15 Motion for Summary Adjudication 475
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.02.15

Excerpt: ... & Nguyen Thi Ngoc Quy Insuran ce Trust. The original and still -operative complaint, ﬁled on October 20, 2020, states three causes of action: (1) Fraudulent Transfer re: “Granite Bay Property,” in violation of Civil Code (“Civ. Code”) section 3439.04(a), part of the Uniform Voidable Transfer Act (“UVTA”) (Civ. Code, §§ 3439 et seq.); (2) Fraudulent Transfer re: “$1.9 Millon Granite Bay Loan,” in violation of Civ. Code section...

2024.02.15 Motion for Summary Judgment 722
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.02.15

Excerpt: ...ly, “Defendants”), causing h im to sustain injuries. (See complaint, ¶ 9.) Defendants knew or should have known about the dangerous condition created by the utility cover and catch basin being used on the subject premises as a latent dangerous condition in an area open and known and foreseeably to be used by the public. (See complaint, ¶ 10.) On September 20, 2021, Plaintiff ﬁled a complaint against Defendants asserting causes of action f...

2024.02.15 Motion for Summary Judgment, Adjudication 601
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.02.15

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 14 February 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo --- Orders on: (1) Motion Of Defendants/ Cross -Complainants For Summary Judgment, Or In The Alternative, Summary Adjudication, On Cross -Complaint; (2) Motion Of Defendants For Summary Judgm...

2024.02.15 Motion to Compel Deposition of PMQ 181
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.02.15

Excerpt: ... on March 31, 2019, he entered into a warranty contract with Defendant and purchased a defective 2019 GMC Sierra 1500 (“Subject Vehicle”) that was manufactured and warranted by Defendant. (Complaint, ¶¶ 16 -18, 29, 31.) In connection with this purchase, Plaintiff received an express wri tten warranty providing that Defendants would repair the Vehicle in the event it developed a defect during the warranty period. Plaintiff also received an i...

2024.02.15 Motion to Enforce Settlement Agreement 399
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.02.15

Excerpt: ...on Agreement,” the cour t agrees with Plaintiff and grants his motion. The court denies defendants' motion. The parties settled their litigation shortly before trial, as memorialized in a one - page settlement agreement dated February 28, 2019. The parties noted in the agreement that they “anticipate a more formal settlement agreement being drafted and executed but it is their intent that this document, [sic] signed by them be a binding legal...

2024.02.15 Motion to Set Aside Default, Judgment, Quash Service of Summons 678
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.02.15

Excerpt: ...nt inc reased the interest rate from 1% to 5%, they declined to move forward with the loan, and the loan was never funded. Defendant claims the loan agreement was made between Plaintiff Van Tu's brother and Defendant in 2015. In the course of researching a pos sible reﬁnance of the property, Plaintiffs discovered the short form deed for $200,000 was ﬁled against their property and ﬁled this lawsuit to quiet title. On August 13, 2021, Plaint...

2024.02.15 Motion to Stay Action Pending Resolution of Appeal 850
Location: Santa Clara
Judge: Adams, Charles F
Hearing Date: 2024.02.15

Excerpt: ...ussed below, the motion is GRANTED. I. BACKGROUND A. Related Case In August 2017, another Samaritan employee, Jennifer Richert, ﬁled a similar action related to her wage statements, Richert v. Samaritan, LLC (Super. Ct. Santa Clara County, No. 17CV314186) (Richert) . Ms. Richert is represented by the same counsel who represent Plaintiffs here. She alleges that, during pay periods when she received overtime wages, her wage statements failed to i...

2024.02.15 Motion to Strike 090
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2024.02.15

Excerpt: ...ded that Why Systems would provi de equipment and services to Emodo at a monthly rate of $271,068 and with a 5% charge for late payments and award of attorneys' fees incurred in connection with the collection of amounts due. (Compl., ¶ 6, subds. (a) -(c).) Defendant breached the August Lease by failing to make the payments due and owing of at least $5,028,492, excluding interest and fees. (Compl., ¶ 8.) On July 31, 2023, Plaintiff ﬁled its Co...

2024.02.15 Special Motion to Strike, for Attorney Fees 134
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.02.15

Excerpt: ...h Retention of a Se curity Deposit. According to the complaint, Plaintiffs resided at 95 South 33rd Street in San Jose, California (the “Property”) from November 2020 to September 2021. (Complaint, ¶ 12.) Plaintiffs signed a written agreement with Esmeralda Real Gonzales , who represented herself as the owner of the Property.1 (Id. at ¶ 13.) After learning that Gonzales was not the owner, Plaintiffs asked her who was, prompting Gonzales to ...

2024.02.14 Motion for Summary Adjudication 879
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.02.14

Excerpt: ...�Plaintiff”). Pl aintiff's original Complaint, ﬁled on September 30, 2019, set forth the following causes of action: (1) Breach of Contract; (2) Breach of the Implied Covenant of Good Faith and Fair Dealing; (3) Intentional Misrepresentation; (4) Promise Without Intent to Perform; (5) Fraudulent Omission; (6) Breach of Fiduciary Duty; (7) Quasi -Contract Based on Unjust Enrichment; (8) Violation of California Bus. & Prof. Code § 17200; (9) I...

2024.02.14 Motion for Preliminary Approval of Settlement 978
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.02.14

Excerpt: ...ilure to Provi de Meal Periods or Compensation in Lieu Thereof; (2) Failure to Provide Rest Periods or Compensation in Lieu Thereof; (3) Failure to Pay Minimum Wages; (4) Failure to Pay Overtime Wages; (5) Failure to Reimburse Work Related Expenses; (6) Failure to Comply with Itemized Employee Wage Statement Provisions; (7) Failure to Pay All Wages Upon Termination; (8) Unfair Business Practices; and (9) California Labor Code Private Attorneys Ge...

2024.02.14 Motion for Judgment on the Pleadings 306
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.02.14

Excerpt: ... 2020, set forth c auses of action for: (1) Violation of 15 U.S.C. §§ 1681b(b)(2)(A) (FCRA); and (2) Violation of 15 U.S.C. §§ 1681d(a)(1) and 1681g(c) (FCRA). On November 18, 2020, the court issued its Order Deeming Case Complex and Staying Discovery and Responsive Pleading Deadline, which stayed all discovery in this case. On June 4, 2021, Plaintiff ﬁled the operative First Amended Complaint (“FAC”), which sets forth causes of action ...

2024.02.14 Motion for Final Approval of Settlement 660
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.02.14

Excerpt: ...023, sets forth causes of action for: (1) Failure to Pay All Minimum Wages; (2) Failure to Pay All Overtime Wages; (3) Meal Period Violations; (4) Rest Period Violations; (5) Wage Statement Violations; (6) Failure to Timely Pay Wages During Employment and Upon Terminatio n; (7) Unfair Competition; and (8) PAGA Penalties. The parties have reached a settlement. Plaintiff Anicia Cisneros (“Plaintiff”) moved for preliminary approval of the settle...

2024.02.13 Petition to Confirm Arbitration Award 633
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.02.13

Excerpt: ...d oral argument, the Court essentially found for Petitioners. The arbitrator's interim award states: Arbitrator awards Claimants $13,504.00 as damages for breach of the HIA, plus costs in the amount of $748.32, plus attorney's fees according to proof. Claimant shall submit to Arbitrator an itemized statement of attorney's fees incurred showing the attorney's hourly rate, the date the work was performed, the work performed, and the amount of time ...

2024.02.13 Motion to Quash Subpoena 732
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.02.13

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 09 February 2024. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo--- Order on Motion of Defendants to Quash Subpoena Issued to Bank of America, N.A. I. Statement of Facts. Plainti¯ Þled this complaint on 22 of August 2022.4 Plainti¯s contend that defen...

2024.02.13 Motion to Compel Arbitration 854
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.02.13

Excerpt: ...lleges Purvis breached his Þduciary duties to StormQuant when “he walked o¯ the job with no notice or e¯ort to protect StormQuants interests” and engaged in self-dealing to enrich himself and others, including his spouse. (Id.) StormQuant alleges Purvis “developed a scheme” to create employment agreements that would only be o¯ered if StormQuant obtained $5 million in funding from an investor. (Complaint, ¶ 7.) StormQuant alleges ...

5967 Results

Per page

Pages

1...
4
5
6
7
8
9
10
11
12
...120

The Best Way toLearn About a Judgeis to Read Their Rulings!

The Best Way to
Learn About a Judgeis to Read Their Rulings!