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2022.03.29 Motion to Compel Further Responses 798
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.03.29
Excerpt: ...ssion (RFAs) that have been denied by Defendant. Defendant opposes Plaintiff's motion. DISCUSSION A. Legal Standard CCP §2033.010 provides that: Any party may obtain discovery within the scope delimited by Chapter 2 (commencing with Section 2017.010), and subject to the restrictions set forth in Chapter 5 (commencing with Section 2019.010), by a written request that any other party to the action admit the genuineness of specified documents, or t...
2022.03.24 Motion for Summary Judgment 620
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.03.24
Excerpt: ... five percent interest on May 1, 2020. (Complaint, ¶ 4, Exhibit A.) Two days later, Plaintiff issued a cashier's check to Defendant in the amount of $250,000 which was deposited in Defendant's bank account. (Id., ¶ 5, Exhibit B.) Plaintiff transferred the remaining $250,000 to Defendant February 28, 2020. (Id., ¶ 6, Exhibit C.) On March 10, 2020, Plaintiff and Defendant executed an amended agreement (“Amended Agreement”) wherein the total ...
2022.03.24 Motions for Protective Order 331
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.03.24
Excerpt: ...s' motion to be heard with Defendant's as yet unset motion. The Court found that it was unreasonable to continue a motion that had been pending for many months. Nevertheless, the Court agreed that the two motions should be heard together since the raise nearly identical factual and legal issues. The Court advanced the hearing of Defendant's motion to today's date. The Court recognizes the potential hardship for Plaintiff in addressing Defendant's...
2022.03.24 Motion to Dismiss Action 836
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.03.24
Excerpt: ...e the case ready for trial. The motion is opposed by Cryplex. This action arises out of an alleged trade secret misappropriation and breach of contract action that was filed in November 2018 for events that are alleged to have occurred in 2014. DISCUSSION C. Legal Standard Under Code of Civil Procedure Section 583.410(a), “[t]he court may in its discretion dismiss an action for delay in prosecution on motion of the defendant if to do so appears...
2022.03.24 Motion to Strike 154
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.03.24
Excerpt: ...21 Rockwood 8336BH trailer (the “Trailer”), which was manufactured, distributed, or sold by Defendant. (Complaint, ¶ 4.) In connection with the purchase, Plaintiff received an express written warranty in which Defendant undertook to preserve or maintain the utility or performance of the Trailer or provide compensation if there is a failure in utility or performance for a specified period of time. (Id., ¶ 6.) The warranty provided that if a ...
2022.03.22 Motion for Summary Judgment 769
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.03.22
Excerpt: ...n she slipped and fell as a result of a dangerous condition, which was a wet and slippery floor, inside the night depository of Gilroy Premium Outlets (the “Premises”), in Gilroy, California. B. Procedural Based on the foregoing allegations, Berenji initiated this action on August 25, 2020, with the filing of the Complaint, which asserts claims for negligence and premises liability. On November 25, 2020, ESC filed its answer. On December 3, 2...
2022.03.22 Motion for Summary Judgment 562
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.03.22
Excerpt: ...Vineyards Homeowners Association (“Cabernet Vineyards” or “Cabernet”) community, tripped when she stepped on debris that had fallen from a nearby trees onto a walkway near the front of her residence. The trees were located on property owned and/or possessed by SJWC, who failed to fulfill its duty to keep that property in a reasonably safe condition by inspecting and maintaining the overgrown trees. B. Procedural Plaintiff initiated this a...
2022.03.22 Demurrer, Motion to Strike 849
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.03.22
Excerpt: ...tion of Plaintiff's tooth. (Complaint, pg.4). Defendant Patel performed the oral surgery. Id. Patel was at all times an employee of Defendant Northern Dental. Id. Patel represented to Plaintiff that she was an oral surgeon and Plaintiff believed at all times that Patel was an oral surgeon. Id. Patel performed an incomplete tooth extraction on Plaintiff causing the dislocation of Plaintiff's jaw and pain whenever Plaintiff opens his mouth. Id. Pat...
2022.03.17 Motion to Tax Costs, to Strike Costs 739
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.03.17
Excerpt: ...in a single ruling with separate orders as to each motion as necessary. These motions arise out of Plaintiff's unsuccessful appeal of an order the granting an anti SLAPP motion brought by Defendant. Defendant was the prevailing party on appeal and was awarded costs. The Remittitur was filed on July 15, 2021. Defendant filed a memorandum of costs on August 11, 2021 that claimed filing fee costs of $400.50 and attorney's fees in the amount of $106,...
2022.03.17 Motion to Strike, Demurrer 825
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.03.17
Excerpt: ...each of contract and fraud. i. Complaint According to the allegations of the Complaint, around September 2020, Moznine solicited Ricardo Cortez (“Ricardo”), Louriville Cortez (“Louriville”), Benedicto Estoesta (“Benedicto”), Divina Gracia Estoesta (“Divina”), Nellie, and Elpidio Baltazar (“Elpidio”) (collectively, “Plaintiffs”) to invest in SkyTec.1 (Complaint, ¶ 11.) He represented to each of them that SkyTec would have ...
2022.03.15 Motion for Relief from Responses, for Monetary Sanctions 798
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.03.15
Excerpt: ...nctions. DISCUSSION A. Legal Standard Any matter admitted in response to a request for admission is conclusively established against the party making the admission for purposes of the pending action, unless the court permits a withdrawal or amendment of the admission under section 2033.300. (§ 2033.410, subd. (a).) A party may withdraw or amend an admission made in response to a request for admission only with leave of court granted after notice...
2022.03.15 Motion for Summary Judgment, Adjudication 776
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.03.15
Excerpt: ...and James W. Elwin are the owners of a residential property at 3010 Park Estates Way, San Jose, CA (the “Property”) pursuant to a grant deed recorded on July 25, 1986. (First Amended Complaint (“FAC”), ¶¶ 8, 20‐22.) On January 27, 2007, Plaintiff refinanced the Property and entered into a loan transaction with Alternative Financing Corporation (“AFC”), memorialized by a promissory note (the “Note”) and secured by a deed of tru...
2022.03.10 Demurrer, Motion to Strike 708
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.03.10
Excerpt: ...uded express written warranties, such as a three‐year/36,000 mile express bumper to bumper warranty, a five‐ year/60,000 mile powertrain warranty which covers the engine and transmission, and a ten‐year/150,000 mile extended warranty that covers the brake assist. (FAC, ¶ 7.) During the warranty period, the Vehicle contained or developed defects, including but not limited to, defects related to the engine; defects related to the air conditi...
2022.03.08 Motion for Summary Judgment, Adjudication 989
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.03.08
Excerpt: ...I. Background A. Factual This is a collection action arising out of the purchase of a vehicle. According to the allegations of the underlying complaint (“Complaint”), on April 16, 2016, Gresham executed a written contract and security agreement (the “Contract”) pursuant to which she purchased a 2016 Volkswagen Jetta (the “Vehicle”). (Complaint, ¶ 9 and Exhibit 1.) The Contract provided that if Gresham defaulted in the performance of ...
2022.03.08 Demurrer 469
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.03.08
Excerpt: ... an LLC by one of its members. According to the allegations of the operative FAC, on December 30, 2003, Plaintiff and Defendants entered into the “Spartagus, LLC Operating Agreement” (the “Agreement”), which made them managers and members of Spartagus, LLC (“Spartagus” or the “LLC” or the “Company”), an entity formed in order to operate a restaurant known as “Viva! Neighborhood Eatery of Los Gatos” (“Viva!”) in Los Gat...
2022.03.08 Motion to Stay Civil Proceedings 059
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.03.08
Excerpt: ...they are served with discovery, they will assert their Fifth Amendment privilege against self‐incrimination. The Motion is opposed by Ayhan Menekshe and the Menekshe Law Firm (Plaintiffs). The action arises out of the alleged embezzlement of a significant amount of money by Johnnell while she was employed performing office bookkeeping and accounting functions for Plaintiffs. It is alleged that she and Juan also used their construction company J...
2022.03.03 Demurrer 334
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.03.03
Excerpt: ...es provider. (FAC, ¶ 1.) CNP, a food preparations' business, arranges for the provision of health care services to its enrollees and the payment or reimbursement of the cost of those services. (Id., ¶ 3.) Defendant Health Cost Solutions, Inc. (“HCS”), a third party claims administrator, works in such a capacity for CNP. (Id., ¶ 2.) Collectively, HCS and CNP will be referred to as “Defendants.” Patient M.L was a member of a health plan ...
2022.03.01 Motion to Strike 714
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.03.01
Excerpt: ... Ida Jew Academy, a charter school within defendant Mount Pleasant Elementary School District (“MPESD”). According to the allegations of the Complaint, MPESD contracted with defendant Santa Clara County Office of Education (“SCCOE”) to provide an outdoor education experience for minor students, including Plaintiff, particularly at Walden West Science Camp (“Walden West”), a public educational science overnight camp owned by SCCOE. (FA...
2022.03.01 Demurrer 971
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.03.01
Excerpt: ... the former head pastor and board chairman of the Church and Hungsun is his wife. (FAC, ¶¶ 12, 14.) Kim and Jung are former board members and chief financial officers of the SJKCC. (FAC, ¶ 13.) Austin is a close associate of Francis' and was the agent of service of process for an entity named Healing Hands Dental Mission, Inc. (“HHDM”). (FAC, ¶ 30.) Park is Austin's wife. (FAC, ¶ 15.) In May 2019, Francis was suspended from his board cha...
2022.03.01 Demurrer 406
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.03.01
Excerpt: ... of Robert Quist, David Becker, Becker Legal Group, LLC, and Bridge and Post, Inc. (“Bridge”) (collectively, “Cross‐Complainants”). III. Background C. Factual This is an action for breach of a settlement agreement purportedly reached to settle a lawsuit initially filed by Kleidman in 2013. According to the allegations of the CrossComplaint, in November 2010, technology startup Feeva ran out of funds and went out of business. (Cross‐Co...
2022.02.24 Motion for Monetary Sanctions 927
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.02.24
Excerpt: ...fendant from May 30, 2012 until the date of request and (c) Defendant's annual and quarterly general ledgers listing all financial transactions from May 30, 2012, until the date of request. The documents were to be provided by May 14, 2019. Plaintiff also contends that Defendant is in violation of a stipulated order dated June 19, 2019 that Defendant produce “top level” documents maintained by Defendant to sufficiently identify Defendants ann...
2022.02.24 Demurrer, Motion to Strike 306
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.02.24
Excerpt: ...ising out of the alleged failure to pay for legal services rendered. According to the allegations of the FAC, Bomi, Peak Health and Joseph retained Plaintiff as its counsel in June 2018, as did defendant The Phyto Foundation (“Foundation”). (SAC, ¶¶23, 24, 26, 28 and Exhibits A, B, D and F.) Barahona executed the agreement for legal services with Plaintiff on behalf of the Foundation. (Id., ¶ 28.) At their initial and subsequent meetings, ...
2022.02.22 Motion for Leave to Amend Responses 798
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.02.22
Excerpt: ...H. DISCUSSION A. Legal Standard Any matter admitted in response to a request for admission is conclusively established against the party making the admission for purposes of the pending action, unless the court permits a withdrawal or amendment of the admission under section 2033.300. (§ 2033.410, subd. (a).) A party may withdraw or amend an admission made in response to a request for admission only with leave of court granted after notice to al...
2022.02.22 Motion for Leave to Amend FAC 975
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.02.22
Excerpt: ...and on any terms as may be proper, allow a party to amend any pleading…' [Citation.] However, the court's discretion will usually be exercised liberally to permit amendment of the pleadings. The policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified.” (Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428.) “Although courts are bound to apply a policy of great liberality in...
2022.02.22 Motion for Summary Judgment 400
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.02.22
Excerpt: ...), on January 20, 2018, Tostado was driving a ProTransport ambulance in a negligent manner, causing it to collide with Plaintiff's vehicle, resulting in injuries to him. B. Procedural Based on the foregoing, the Complaint1 was filed on January 7, 2020, asserting claims for motor vehicle negligence and general negligence. On August 27, 2021, Defendants filed the instant motion for summary judgment. Plaintiff opposes the motion. II. Defendants' Mot...
2022.02.22 Motion for Summary Judgment, Adjudication 738
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.02.22
Excerpt: ...Discover's demand. B. Procedural Based on the foregoing allegations, Discover initiated this action on November 18, 2020, with the filing of the Complaint, which asserts claims for open book account and account stated. On December 15, 2020, Jennings filed an answer. On August 31, 2021, Discover filed the instant motion for summary judgment, or in the alternative, for summary adjudication for each cause of action. On February 15, 2022, Jennings fi...
2022.02.17 Motion to Compel Responses, for Sanctions 753
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.02.17
Excerpt: ...parate discovery requests on Plaintiff: Demand for Inspection of Documents, Set One; General Form Interrogatories, Set One; Employment Form Interrogatories, Set One; Special Interrogatories, Set One; Requests for Admission, Set One. The time for responding to this discovery has long since expired. According to Plaintiff's Opposition papers filed on 2/1/22, the motions are moot because complete, code compliant verified responses to all of the disc...
2022.02.17 Motion for Leave to Amend Complaint 357
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.02.17
Excerpt: ... is opposed by Defendant. DISCUSSION I. Applicable Law “Motions for leave to amend are directed to the sound discretion of the judge: ‘The court may, in furtherance of justice and on any terms as may be proper, allow a party to amend any pleading…' [Citation.] However, the court's discretion will usually be exercised liberally to permit amendment of the pleadings. The policy favoring amendment is so strong that it is a rare case in which de...
2022.02.15 Motion to Reopen Discovery 229
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.02.15
Excerpt: ...lement and the Plaintiff justifiably relied upon the statement [email] from Judge Overton that there is no settlement.” Plaintiff does not specify, but the Court presumes Plaintiff is seeking relief pursuant to Code of Civil Procedure §473(b) which provides that: “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her thr...
2022.02.15 Motion to Impose Sanctions 638
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.02.15
Excerpt: ... aggrieved employees for all hours worked, missed meal periods and rest breaks. (Complaint, ¶ 21.) KNI had the authority to hire and terminate Morris and other aggrieved employees and KNI exercised sufficient authority over the terms and conditions of their employment. (Complaint, ¶ 22, 23.) Morris and other aggrieved employees worked over eight hours a day and/or forty hours per week during their employment with KNI. (Complaint, ¶ 26.) Morris...
2022.02.15 Motion to Compel Responses, for Sanctions 084
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.02.15
Excerpt: ... has long since expired. According to Plaintiff's Opposition do not dispute that Plaintiff failed to make a timely response to this discovery. Instead, Plaintiff suggests that the motion is moot because complete, code compliant verified responses and all documents have now been provided. Plaintiff's Opposition does not include a copy the verified responses, so the Court cannot determine if such responses have been provided. Defendant disputes tha...
2022.02.15 Motion to Compel Responses, for Monetary Sanctions 753
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.02.15
Excerpt: ...parate discovery requests on Plaintiff: Demand for Inspection of Documents, Set One; General Form Interrogatories, Set One; Employment Form Interrogatories, Set One; Special Interrogatories, Set One; Requests for Admission, Set One. The time for responding to this discovery has long since expired. According to Plaintiff's untimely Opposition papers filed on 2/1/22 the motion is moot because complete, code compliant verified responses to all of th...
2022.02.15 Demurrer, Motion to Strike 330
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.02.15
Excerpt: ...”) alleging and seeking to enjoin the alleged wasting of taxpayer property by failing to properly maintain the Reid‐Hillview airport (“Reid‐ Hillview” or “RHA”) and from causing further disrepair to it. (Complaint, ¶ 3.) According to the allegations of the Complaint, RHA provides and supports emergency responses for Bay Area Hospitals, in addition to housing Cal Fire operations and the Civil Air Patrol, which provides disaster reli...
2022.02.10 Motion to Quash Service of Summons of FAC 179
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.02.10
Excerpt: ...'s parent company. (FAC, ¶11.) She was elected a member of the Board of Directors (“Board”) and she remained on the Board until September 2020. (Ibid.) On May 14, 2015, CSC Group established CSC Group International Corp. (“CSC International”), which was Hone Capital's predecessor company. CSC International was to be used for investing venture capital in early‐state technology start‐ups in Silicon Valley. (FAC, ¶12.) Wu was appointed...
2022.02.10 Motion to Quash Service of Summons 179
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.02.10
Excerpt: ... parent company. (FAC, ¶11.) She was elected a member of the Board of Directors (“Board”) and remained on the Board until September 2020. (Ibid.) On May 14, 2015, CSC Group established CSC Group International Corp. (“CSC International”), which was Hone Capital's predecessor company. CSC International was to be used for investing venture capital in early‐state technology start‐ups in Silicon Valley. (FAC, ¶12.) Wu was appointed the P...
2022.02.10 Demurrer 450
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.02.10
Excerpt: ...it of Arena Origination. According to the allegations of the FAC, in late 2018 and early 2019, Plaintiff and defendant 199 Bassett Owner, LLC (“199 Bassett Owner”) were in negotiations for 199 Bassett Owner's purchase of the property located at 199 Bassett Street in San Jose (the “Property”). (SAC, ¶¶ 4, 17.) As part of those negotiations, 199 Bassett Owner requested that Plaintiff provide financing in the amount of $6,000,000, and Plai...
2022.02.08 Motion for Attorney Fees 561
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.02.08
Excerpt: ...5.38 provides that “[t]he court shall direct that the party prevailing on any motion under this chapter be awarded the reasonable attorney's fees and costs of making or opposing the motion unless the court finds that the other party acted with substantial justification or that other circumstances make the imposition of attorney's fees and costs unjust.” See, Castro v. Superior Court (California Savings) (2004) 116 Cal. App. 4th 1010, 1016 (�...
2022.02.08 Demurrer, Motion to Strike 340
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.02.08
Excerpt: ...atoga Sunnyvale Road in the bicycle lane when he encountered a dangerous condition of public property. (Complaint, ¶ 17.) Specifically, the subject roadway was undergoing construction and was covered in a patch of bumpy, slightly soft, tar or asphalt that was up to 5 inches above the surrounding road. (Id., ¶ 18.) Plaintiff was unaware of this “cold patch” until he rode over it because it did not exist on the roadway prior to construction a...
2022.02.08 Motion to Compel Arbitration and Stay Litigation 117
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.02.08
Excerpt: ...by Plaintiff. DISCUSSION A. Legal Standard Both California and federal law favor enforcement of valid arbitration agreements. (Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 97, 99 Cal.Rptr.2d 745, 6 P.3d 669 (Armendariz), abrogated in part on another ground in **233 AT&T Mobility LLC v. Concepcion (2011) 563 U.S. 333, 339–340, 131 S.Ct. 1740, 179 L.Ed.2d 742.) The California Arbitration Act (CAA), Code of Civil ...
2022.02.08 Motion for Judgment on the Pleadings 990
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.02.08
Excerpt: ...actured and/or distributed by FMC. (Complaint, ¶ 8.) In connection with the purchase, Plaintiffs received an express written warranty, including a 3‐year/36,000 mile express bumper to bumper warranty, a 5‐year/60,000 mile powertrain warranty, which covers the engine and transmission. (Complaint, ¶ 9.) During the warranty period, the Vehicle contained or developed defects, including but not limited to, defects related to the transmission; de...
2022.02.08 Motion to Compel Arbitration and Stay Proceedings 403
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.02.08
Excerpt: ...chased a 2013 Ford Fusion (the vehicle) from nonparty Drew Ford (Drew). The vehicle was purchased on June 18, 2013 and the purchase was governed by written “RETAIL INSTALLMENT SALE CONTRACT – SIMPLE FINANCE CHARGE” (with arbitration provision) (“RISC”) that was signed by both Plaintiffs. The Vehicle was manufactured by Ford and at various times as alleged in Plaintiffs' Complaint the vehicle was presented for repairs at Penske. Plaintif...
2022.02.03 Motion to Amend Permanent Injunction 667
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.02.03
Excerpt: ... the Successor in Interest to Gindin. The primary purpose of the injunctions was to compel the property owners to correct a wide range of problems that resulted in both substandard living conditions for residents and an unsafe environment for everyone in the neighborhood as a result of rampant criminal and gangrelated activity in the neighborhood. The injunctions were modified in 2008 to make orders regarding security services applicable to the p...
2022.02.03 Motion for Summary Judgment 303
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.02.03
Excerpt: ...ut of an underlying business dispute. According to the allegations of the operative First Amended Complaint (“FAC”), Plaintiffs are in the business of manufacturing bedwetting alarms which are sold worldwide. (FAC, ¶ 8.) One of Plaintiffs main competitors was and is Malem Medical, a British company that sells its products in the United States through a company named Enuresis Associates. (Id.) Hereafter, these entities will collectively be re...
2022.02.01 Motion for Attorney Fees 746
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.02.01
Excerpt: ...ns of this Court's orders regarding discovery, William's Complaint was ultimately dismissed and her Answer to Kraft's Cross Complaint was stricken. DISCUSSION A. Legal Standard Evidence Code section 452(d), provides that the Court may take judicial notice of “[r]ecords of any court of this state.” Section 452(d) permits the trial court to “take judicial notice of the existence of judicial opinions and court documents, along With the truth o...
2022.02.01 Demurrer 295
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.02.01
Excerpt: ...adium. (Ibid.) On or about November 26, 2017, Martinez was assigned to the kitchen to wash dishes and prepare food. (FAC, ¶ 9.) Around 1:00 p.m., Martinez was preparing food in the “North Trophy” kitchen when, without her consent, an individual grabbed and squeezed her right breast from behind. (Ibid.) She quickly turned around and saw an adult male running away towards food racks located on the opposite side of the kitchen. (Ibid.) The adul...
2022.02.01 Demurrer 285
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.02.01
Excerpt: ...und C. Factual This case arises out of Defendants' repeated defiance of public health orders issued by the County to control the spread of Covid‐19. The Covid‐19 pandemic began in California in March of 2020. (FAC, ¶ 21.) Prior to the development of the Covid‐19 vaccines, the best way to protect the public was to undertake health‐risk mitigation measures to prevent transmission and infection, such as face coverings, maintaining sufficien...
2022.01.27 Motion for Summary Judgment 136
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.01.27
Excerpt: ...Plaintiff was working at the AC2 when he slipped and fell, resulting in severe injuries. D. Procedural Based on the foregoing, Plaintiff initiated the instant action with the filing of the (form) Complaint on February 20, 2020, asserting claims for: (1) general negligence; and (2) premises liability. On May 5, 2021, Defendant filed the instant motion for summary judgment. Plaintiff opposes the motion. V. Defendant's Motion for Summary Judgment A....
2022.01.27 Motion for Attorney Fees 610
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.01.27
Excerpt: ...� contractual causes of action. Iron seeks attorney's fees incurred both under the contract and in defense of the non‐contractual causes of action. Slater denies that Iron was the prevailing party or that Iron is entitled to recover fees. Alternatively, Slater contends that the fees requested are unreasonable. DISCUSSION A. Legal Standard CCP § 1032 provides that except as otherwise expressly provided by a statute, the prevailing party in an a...
2022.01.27 Demurrer, Motion to Strike Punitive Damages 214
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.01.27
Excerpt: ... until 2017. (Ibid.) In May 2017, David Carpenter (“Carpenter”), as an officer of Numeric, called LinkedIn to explore the possibility of placing marketing content on their website and purchasing some of their other services. (SACC, ¶ 14.) On June 17, 2017, Sean O'Kane (“O'Kane”), Enterprise Relationship Manager of LinkedIn, and a person authorized to make statements on behalf of LinkedIn, conducted a telephone meeting with himself, Carpe...
2022.01.25 Motion for Attorney Fees 993
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.01.25
Excerpt: ...orney's fees provision. Plaintiff's Complaint was ultimately dismissed after Defendant's demurrer to Plaintiff's First Amended Complaint, was sustained without leave to amend. The Court entered a Judgment of Dismissal (“Judgment”) in favor of Defendant on July 7, 2021. Defendant's Motion was filed 9/7/21. Amended notice of Motion was served 11/4/21. No opposition was filed. DISCUSSION A. Legal Standard Defendant asks the Court to take Judicia...
2022.01.25 Motion for Summary Judgment 264
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.01.25
Excerpt: ...Adams, is the sole Trustee of the Albert S. Adams, Jr. and Betty M. Adams Family Trust, dated October 6, 1989 (the “Adams Trust” or the “Trust”). (Complaint, ¶ 6.) The settlors of the trust, Bart's parents Albert S. Adams, Jr. (“Albert”) and Betty M. Adams (“Betty”), are both deceased, and Plaintiff has been the sole acting trustee of the Trust since Albert's death in May 2015.2 (Id.) The Property was purchased and paid for by th...
2022.01.25 Motion to Declare Vexatious Litigant 983
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.01.25
Excerpt: ...met their burden of proof for obtaining relief. The Court previously denied Defendants' request that this matter be heard on an ex parte basis. Finding no immediate danger or irreparable harm, the Court denied ex parte relief. Defendants refiled their application as a noticed motion. The Court finds no fault with Defendant in that regard. The Court therefore will consider whether Defendants meet their burden of proof. DISCUSSION A. Legal Standard...
2022.01.20 Demurrer 005
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.01.20
Excerpt: ...the County provided Jiang with in‐patient and out‐patient treatment at the Santa Clara Valley Medical Center (“SCVMC”) consisting of trauma‐ level, life‐saving treatment, CT scans and imaging, intensive care, and other services for the injuries sustained in the automobile collision. (Id. at ¶ 4.) The cost of the treatment totaled $158,056.15. (Ibid.) Jiang signed a contract with SCVMC in which she agreed to pay for the services provi...
2022.01.20 Motion to Compel IME 565
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.01.20
Excerpt: ... a (2) neurological examination without leave of court. Plaintiff also agreed to submit to a neuropsychological exam, if NCAA agreed to sign a stipulation that set the parameters of the examination. The parties entered into a stipulation that, among other things, provided that Plaintiff would submit to neuropsychological testing with Tony L. Strickland, Ph.D. The stipulation provided that the exam would be recorded. The stipulation also provided ...
2022.01.20 Demurrer, Motion to Strike 005
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.01.20
Excerpt: ... ¶ 3.) From January 19, 2016 to March 18, 2016, the County provided Jiang with in‐patient and out‐patient treatment at the Santa Clara Valley Medical Center (“SCVMC”) consisting of trauma‐level, life‐saving treatment, CT scans and imaging, intensive care, and other services for the injuries sustained in the automobile collision. (Id. at ¶ 4.) The cost of the treatment totaled $158,056.15. (Ibid.) Jiang signed a contract with SCVMC i...
2022.01.20 Motion for Summary Judgment, Adjudication 788
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.01.20
Excerpt: ...ded to Defendant's insured. According to the allegations of the First Amended Complaint (“FAC”), Plaintiff is a medical services provider. (FAC, ¶ 6.) Boston Scientific administers health insurance plans. (Id.) Plaintiff is an “out‐ of‐network provider” or “non‐participating provider” who had no preferred provider contracts or other such standing, written contract with Defendant setting its rates of pay for services rendered, p...
2022.01.18 Motion to Compel Further Responses 658
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.01.18
Excerpt: ...hat the motions are all moot because Defendant has now provided verified responses. Plaintiff objects to Defendant's use of a single combined opposition as procedurally improper. Substantively, Plaintiff disputes that Defendant has provided code complainant responses to the disputed discovery and all of the documents that have been requested. Plaintiff appears willing to accept some of Defendant's responses, but asks the Court to rule on the foll...
2022.01.18 Motion for Summary Judgment, Adjudication 863
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.01.18
Excerpt: ... for unfair debt practices relating to the collection of that debt. According to the allegations of the underlying complaint, a credit card was issued to Gonzalez by Synchrony Bank FKA GE Capital Retail Bank. (Complaint, ¶ 6.) Gonzalez used the credit card to make purchases and accrued a balance on the card. (Id.) She ultimately defaulted on the required payments, leaving an unpaid balance of $2,240.89. (Id., ¶ 8.) CCS was subsequently assigned...
2022.01.18 Motion for Summary Judgment 927
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.01.18
Excerpt: ...rict's (“Granada”) motion for summary judgment as to the City's Complaint and its own cross‐complaint (“Cross‐Complaint”). Granada joins in Montara's motion and Montara joins in Granada's. I. Background A. Factual 1. Complaint This action arises out of a dispute between various municipalities over their financial obligations concerning sewer infrastructure for the San Mateo Coast. According to the allegations of the operative Complain...
2022.01.13 Motion to Strike, to Compel Further Responses 846
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.01.13
Excerpt: ...ly, the parties apparently cannot even agree on what has been resolved. According to Plaintiffs' statement of issues, 28 document requests are still in dispute. According to Ford's statement of issues, 20 document requests are in dispute. It appears to the Court that, regardless of the number of disputed issues, the disputed requests share common themes. The Court will therefore issue orders to address what is sees as the common themes as opposed...
2022.01.13 Motion for Summary Judgment, Adjudication 833
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.01.13
Excerpt: ....) The purchase included express written warranties, specifically a four‐year/50,000 mile bumper‐to‐bumper warranty, and a four‐year/50,000 mile power train warranty. (Id., ¶ 9.) During the warranty period, the Vehicle contained or developed numerous defects. (Id., ¶ 10.) Defendants have been unable to service or repair the car to conform to the warranties, and have failed to comply with their statutory obligation to replace the Vehicle...
2022.01.11 Motion for Attorney Fees 457
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.01.11
Excerpt: ...he Court is the Motion of Plaintiff to Strike or Tax Costs claimed by Ganion, CSCG, Joyce Lee, Taylor Beck and Tina Longo. (Collectively “Defendants”) Plaintiff's motion is opposed by all Defendants. DISCUSSION Plaintiff's arguments in opposition to the Ganion and CSCG motions and Plaintiff's argument in support of her motion to Tax costs share a common legal and factual basis. For that reason, the Court believes it is useful to consider the ...
2022.01.11 Motion to Compel Responses, for Sanctions 565
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.01.11
Excerpt: ...nses: (1) a statement that the party will comply with the particular demand, (2) a representation that the party lacks the ability to comply, or (3) an objection. CCP §2031.210(a). When the party complies, the required responsive statement is clear: “[a] statement that the party to whom an inspection demand has been directed will comply with the particular demand shall state that the production, inspection, and related activity demanded will b...
2022.01.11 Motion to Stay Deposition Subpoenas 666
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.01.11
Excerpt: ...e Deposition by Defendants Everspring Construction Inc., Patrick Tsao, Montecito Realty Group LP and Suretec Indemnity Company. The Motion is opposed by Plaintiff and Cross Defendant RAM Concrete Construction, Inc. (RAM). DISCUSSION A. Legal Standard Any party may discover any relevant, non‐privileged matter that might reasonably lead to other admissible evidence. The relevance to the subject matter' and ‘reasonably calculated to lead to disc...
2022.01.11 Motion to Strike 926
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.01.11
Excerpt: ... California Rosenthal Fair Debt Collection Practices Act (Civ. Code, §§ 1788‐1788.33) (the “RFDCPA”). According to the allegations of the operative Complaint, on October 9, 2015, Plaintiff is alleged to have incurred a financial obligation in the form of a consumer credit account issued by One Main Financial, Inc. (“One Main Financial”) which qualifies as a “consumer debt” within the meaning of the RFDCPA. (Complaint, ¶ 13.) Plai...
2022.01.04 Motion for Summary Judgment, Adjudication 833
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.01.04
Excerpt: ....) The purchase included express written warranties, specifically a four‐year/50,000 mile bumper‐to‐bumper warranty, and a four‐year/50,000 mile power train warranty. (Id., ¶ 9.) During the warranty period, the Vehicle contained or developed numerous defects. (Id., ¶ 10.) Defendants have been unable to service or repair the car to conform to the warranties, and have failed to comply with their statutory obligation to replace the Vehicle...
2022.01.04 Demurrer 554
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.01.04
Excerpt: ...ely, “Cross‐Complainants”). I. Background A. Factual 1. Complaint This is an action for breach of contract. According to the allegations of the complaint (“Complaint”), PAPO is the owner of CTC, a real estate development project located in Palo Alto which includes the premises located at 2108 El Camino Real, Palo Alto (the “Property”). On November 20, 2013, CTC, as landlord, and J&A Family Markets, Inc. (“J&A”), as tenant, enter...
2022.01.04 Demurrer 543
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.01.04
Excerpt: ...n Jose, California 95126 (“the Premises”) to Tran and Lam to use as a “shop or restaurant for the sale and consumption of coffee, pastries, and deli sandwiches, and for uses normally incident to that purpose.” (Ibid.) A key part of Tran and Lam's operation included roasting coffee beans on site to produce freshly made quality coffeebased drinks and to sell coffee beans as well. (Cross‐Complaint, ¶ 6.) Tran and Lam were sued for failing...
2022.01.04 Motion to Compel Further Responses 365
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.01.04
Excerpt: ...nfer post filing. Nevertheless, the following discovery disputes remain unresolved: Form Interrogatories (Set One), No. 4.1, Special Interrogatories (Set One), Nos. 11—13 and 15‐17, and Request for Production of Documents and Electronically Stored Information Set One), Nos. 1, 20, 23‐24, 26, 31, and 33 DISCUSSION I. Applicable Law Motions to Compel CCP § 2030.210 provides in pertinent part that: (a) The party to whom interrogatories have b...
2021.12.16 Motion to Compel Further Responses 110
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.12.16
Excerpt: ...ial electronic data belonging to them. The electronic data at issue was stored on a password‐protected server and electronic devices in the control of Defendant's former spouse Julian Ting. DISCUSSION I. Applicable Law Under Code of Civil Procedure section 2031.310, subdivision (a), a party may move for an order compelling a further response to a document demand on the ground that (1) an objection is without merit or too general, (2) a statemen...
2021.12.16 Motion for Summary Judgment, Adjudication 643
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.12.16
Excerpt: ...omeowner Bill of Rights (the “HBOR”), among other things. According to the allegations of the operative FAC, Plaintiffs are the owners of a property located at 670 E. Duane Ave in Sunnyvale (the “Property”). (FAC, ¶ 11.) On October 9, 2018, Plaintiffs took out a loan with Milestone in the amount of $975,000 secured by a deed of trust on the Property. (Id., ¶ 12.) During the initiation of the process to obtain the loan, Plaintiffs reques...
2021.12.16 Demurrer 834
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.12.16
Excerpt: ...(TAC, ¶ 12.) In December 2012, Sahai and Bilugu created a shell entity called eGestalt Technologies, a Delaware corporation (“eGestalt‐Del”). (TAC, ¶ 13.) In March 2015, eGestalt‐Del was renamed Aegify, Inc., a Delaware corporation (“Aegify”). (TAC, ¶ 15.) eGestalt and Aegify share identical equitable ownership, share the same offices and employees, share identical officers and directors, and use one entity as a conduit for the aff...
2021.12.14 Motion to Dismiss for Failure to Proceed with Arbitration 165
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.12.14
Excerpt: ...t Plaintiff is refusing to move forward with arbitration. Plaintiff has presented no contrary evidence. Indeed, Plaintiff's conduct supports a finding that Defendant's reports are accurate. On 6/15/21 Plaintiff filed a motion to compel Defendant to respond to discovery. On 9/9/21 Plaintiff's motion was denied. The Court ruled that all matters, including discovery disputes, are subject to binding arbitration pursuant to the Court's 6/13/19 order. ...
2021.12.14 Motion to Compel Further Responses 904
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.12.14
Excerpt: ...st for Admission 12. Form Interrogatory 17.1 poses the following question: Is your response to each request for admission served with these interrogatories an unqualified admission? If not, for each response that is not an unqualified admission: (a) state the number of the request; (b) state all facts upon which you base your response; (c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of those facts; Defendan...
2021.12.14 Demurrer, Motion to Strike 457
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.12.14
Excerpt: ...aylor Morrison of California, LLC (“TM”) for the purchase of Lot 104 at 73 Montecito Vista Drive, Unit No. 1 in San Jose (the “Property”) for $669,745, and deposited $20,093.25 into escrow. (TAC, ¶ 23.) Pursuant to section 8(a) of the contract, the closing date for the transaction was required to occur when a certificate of occupancy was issued, as San Jose Municipal Code § 24.02.61(A) prohibited usage or occupancy of the Property prior...
2021.12.09 Motion for Summary Adjudication 096
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.12.09
Excerpt: ...laint (“SACC”) and the answer to the SACC (“Answer”). I. Background A. Factual 1. SAC This dispute involves the current composition of HTSB's Board of Directors (the “Board”). According to the allegations of the SAC, the Board is comprised of Birla, A. Patel, Agarwal, H. Patel, Sengupta and defendant Raj Bhanot (“Bhanot”), with Birla also serving as Chairman, A. Patel as secretary and H Patel as co‐treasurer with Bhanot. (SACC, ...
2021.12.09 Motion to Compel Further Responses 210
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.12.09
Excerpt: ...a single ruling on both motions. DISCUSSION Plaintiffs' have sued Defendant in what is captioned as a Breach of Contract action. However, Plaintiffs have alleged facts that seem to sound in negligence and also seek damages for what seem to be personal injuries. Plaintiffs are asking for contractual, general and punitive damages. Defendant has served discovery inquiring as to the nature and extent of Plaintiffs' claims and the facts and documents ...
2021.12.09 Motion for Summary Judgment 240
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.12.09
Excerpt: ...alth dba Dominican Hospital (“Dignity”), Sutter Health (“Sutter”), Palo Alto Medical Foundation (“PAMF”), Physicians Medical Group of San Jose (“PMG”), Anesthesia Medical Group of Santa Cruz (“AMG”), John R. Saranto, M.D. (“Saranto”), and Lisa Ferguson, M.D. (“Ferguson”) (collectively, “Defendants”).3 (See SAC, ¶¶ 1, 10.1.) During the course of a December 25, 2016 appendectomy, Plaintiff was anesthetized and rend...
2021.12.07 Motion for Summary Judgment 541
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.12.07
Excerpt: ...ruck from behind by a vehicle driven by defendant Raul Enrique Pena (“Pena”). Plaintiff alleges that the accident was the result of Pena's negligence. B. Procedural Based on the foregoing allegations, Plaintiff filed the Complaint against Pena on June 13, 2018 asserting claims for (1) motor vehicle and (2) general negligence. On August 19, 2020, an amendment to the Complaint was filed naming Deep Ocean as “Doe 1.” On July 7, 2016, Deep Oc...
2021.12.07 Motion for Reconsideration 863
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.12.07
Excerpt: ...tices relating to the collection of that debt. According to the allegations of the underlying complaint, a credit card was issued to Gonzalez by Synchrony Bank FKA GE Capital Retail Bank. (Complaint, ¶ 6.) Gonzalez used the credit card to make purchases and accrued a balance on the card. (Id.) She ultimately defaulted on the required payments, leaving an unpaid balance of $2,240.89. (Id., ¶ 8.) CCS was subsequently assigned and transferred all ...
2021.12.02 Demurrer, Motion to Strike 534
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.12.02
Excerpt: ...gs and actions subsequent to that. In 2009, Plaintiff's now exwife, Laura Beauchesne, initiated a marital dissolution action (the “Dissolution Action”) against him in Santa Clara County Superior Court, Case No 1‐09‐ FL‐ 151906. Plaintiff was initially represented in the proceeding by defendant Baugh until he took over his own representation as a pro se party. Plaintiff alleges, among other things, that Baugh was engaged in a conspiracy ...
2021.12.02 Demurrer 621
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.12.02
Excerpt: ...f the 4AC, CalCoast purchased a workers compensation and employers liability insurance policy (the “Policy”) from Plaintiff, the surviving corporation from a merger of various insurance companies, including Tower Select Insurance Company (“Tower”), in October 2012. (4AC, ¶ 13, Exhibit A.) A subsequent audit performed by Plaintiff on the effective policy period for the Policy revealed that the premium basis estimate provided by Defendant ...
2021.11.30 Motion to Quash Service of Summons 249
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.11.30
Excerpt: ...summons and complaint based on the ground that the complaint purportedly served on Defendants was the superseded initial complaint, which was of no legal effect as a pleading, and did not include a copy of the operative complaint, the First Amended Complaint (“FAC”). I. Background A. Factual According to the allegations of the Complaint, on September 12, 1996, New Cingular (then known as AT&T PCS Services Inc.) entered into a commercial lease...
2021.11.30 Demurrer 201
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.11.30
Excerpt: ... poki bowl. (FAC, ¶ 21.) During their subsequent efforts towards starting a restaurant, Plaintiff and Nguyen were jointly represented by attorney Lloyd Schmidt (“Schmidt”), whose responsibilities included, but were not limited to, drafting documents relating to the business' creation. (Id, ¶¶ 22‐25.) Defendant Poki Bowl, Inc. (“Poki Bowl”) was incorporated on July 29, 2015, with Plaintiff as the incorporator. (Id., ¶ 26.) Prior to P...
2021.11.18 Motion for Summary Judgment 400
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.11.18
Excerpt: ... misappropriation, among other things, by an employer against a former employee. According to the allegations of the complaint (“Complaint”), Black Sails is a virtual reality (“VR”) startup which possesses a variety of cutting‐edge VR technology, most of which was created by Wang and Zhao, as coinventor. (Complaint, ¶ 11.) Zhao began her employment with Black Sails in November 9, 2016 and ceased working there in June 2018, when all of ...
2021.11.18 Demurrer, Motion to Strike 272
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.11.18
Excerpt: ...hings, arising out of a landlordtenant relationship. According to the allegations of the FAC, Lakha is the owner of Mercado Shopping Center (the “Premises”), a commercial shopping center located in Santa Clara. Lakha and defendant Mexicali Restaurant Group, Inc. (“Mexicali”), the alleged alter ego of defendant Kapoor, are successors in interest as landlord and tenant, respectively, to a Shopping Center Lease dated August 1, 1997, and its ...
2021.11.16 Demurrer 308
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.11.16
Excerpt: ...l 2015 as Co‐President. (SAC, ¶ 20.) She was brought in to help CSC Group accomplish its' goal of making up to $1,000,000,000 in U.S venture capital investments. (Ibid.) Wu set up a $100,000,000 fund named CSC Upshot Ventures I, LP (“Upshot”) in which CSC Group was obligated to fund the full $100,000,000. (SAC, ¶ 22.) Wu was asked to serve as CSC Group's designee for Upshot making investment decisions on behalf of Upshot. In 2016, Wu led ...
2021.11.16 Demurrer 179
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.11.16
Excerpt: ...ner Tom Cole (“Cole”) in February 2016. (SAC, ¶ 28) Hone had recently launched its Silicon Valley operation and was looking to further establish their presence for the purpose of investing in a high volume of strong technology companies, using venture capital funds that CSC Group had started with a stated goal of investing up to $1 billion in United States startups. (SAC, ¶ 26) Gandhi began negotiating the terms of her employment and made c...
2021.11.09 Motion for Summary Judgment, Adjudication 532
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.11.09
Excerpt: ...oy, California 95020 (“the subject property”) for use as a business location. They took title as “Ricardo A. Morelos, a married man as his sole and separate property” and “Reynaldo R. Morelos, a married man as his sole and separate property”. Plaintiff and Cross‐Defendant Maria Morelos (“Plaintiff”) was married to Ricardo Morelos. On August 19, 2011, Ricardo Morelos passed away. After Ricardo's death, Plaintiff and Defendant ent...
2021.11.04 Demurrer, Motion to Strike 898
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.11.04
Excerpt: ...thod was wrong. Before his surgery, Plaintiff was able to read the newspaper and write normally. Now he cannot do those things which has made him unable to live and work as he did before. B. Procedural Based on the foregoing allegations, Plaintiff initiated this action on April 29, 2021 with the filing of the Complaint which asserted negligence and medical malpractice. On June 4, 2021, Defendants filed this instant demurrer. Plaintiff did not fil...
2021.10.28 Motion to Dismiss Action 085
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.10.28
Excerpt: ...e and (2) violation of Labor Code section 3706. On March 15, 2021, the Complaint was amended to add additional defendants. On July 27, 2021, Defendants filed the instant motion to dismiss. Plaintiff opposed the motion and Defendants filed a reply. X. Discussion A. Defendants' Request for Judicial Notice Defendants request judicial notice of (1) the docket, (2) Plaintiff's application for worker's compensation relief, and (3) Defendant Tung Tai's ...
2021.10.28 Demurrer, Motion to Strike 911
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.10.28
Excerpt: ... or about May 2016, Plaintiff entered into a contract with AVSC, a non‐profit organization, to provide soccer training for Plaintiff's two children. Brough is the owner of AVSC. Brough and AVSC hired Daniel Neal (“Neal”) as a soccer coach. Neal engaged in a sexual relationship with Plaintiff's now ex‐wife. On information and belief, Plaintiff alleges that Neal engaged in sexual acts with Plaintiff's exwife at various AVSC events. Plaintif...
2021.10.26 Motion to Compel Arbitration 951
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.10.26
Excerpt: ...cle was purchased on May 31, 2018, and the purchase was governed by written “RETAIL INSTALLMENT SALE CONTRACT – SIMPLE FINANCE CHARGE” (with arbitration provision) (“RISC”). Plaintiff sued All Star and FMC alleging breach of warranty and other claims concerning the purchase and condition of the vehicle. The RISC contains an explicit arbitration provision. In signing the RISC, Plaintiff acknowledged that she read the contract, including ...
2021.10.26 Demurrer, Motion to Strike 451
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.10.26
Excerpt: ... as Los Gatos Drug and Alcohol Recovery Center (“Recovery Center”). Plaintiff suffered from alcoholism and Dr. Tabrizi encouraged her to seek treatment at the Recovery Center. Berhane was the director of the Recovery Center. Plaintiff alleges that Dr. Tabrizi provided Berhane with information about Plaintiff and allowed Berhane to enter the examination room where Plaintiff awaited the results of a medical test. Berhane also encouraged Plainti...
2021.10.26 Demurrer 824
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.10.26
Excerpt: ...ding to the allegations of the FAC, Defendants contracted with Integrity Waste, Inc. (“Integrity”) to receive janitorial services at seven properties: (1) Briarwood Apartments ‐ 180 Pasito Terrace, Sunnyvale, CA 94086, (2) Arbor Terrace ‐ 55 El Camino Real, Sunnyvale, CA 94087, (3) The Arches – 1235 Wildwood Ave, Sunnyvale, CA 94089, (4) Woodleaf – 325 Union Ave, Campbell, CA 95008, (5) Potrero 1010 Apartments – 1010 16th St., San F...
2021.10.19 Motion to Strike or Tax Costs 783
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.10.19
Excerpt: ...y denied. Having prevailed at trial, Defendants submitted their memorandum of costs. DISCUSSION I. Applicable Law “Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.” (Code Civ. Proc., § 1032, subd. (b).) Items explicitly allowed as costs are set forth in Code of Civil Procedure section 1033.5, subdivision (a). Items expressly disallowed as cost...
2021.10.19 Demurrer 911
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.10.19
Excerpt: ...VSC, a non‐profit organization, to provide soccer training for Plaintiff's two children. Brough is the owner of AVSC. Brough and AVSC hired Neal as a soccer coach. Neal engaged in a sexual relationship with Plaintiff's now ex‐ wife. On information and belief, Plaintiff alleges that Neal engaged in sexual acts with Plaintiff's ex‐wife at various AVSC events. Plaintiff contends on information and belief that AVSC failed to conduct a backgroun...
2021.10.19 Demurrer 734
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.10.19
Excerpt: ... 20. According to the allegations in the Complaint, Vahe and Dutchints solicited investment capital from Plaintiffs for the purposes of purchasing and developing multiple real properties for resale. Each of the Plaintiffs invested in a project whereby Rengstorff would develop property located at 570 S. Rengstorff Avenue in Mountain View. But, after Plaintiffs had invested in the project, Defendants failed to obtain the necessary entitlements with...
2021.10.16 Demurrer, Motion to Strike 012
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.10.16
Excerpt: ...as riding his bicycle in the bicycle lane when he was struck from behind by Musleh's vehicle. F. Procedural Based on the foregoing allegations, Plaintiffs initiated this action on January 8, 2021 with the filing of the Complaint, which asserts causes of action for: (1) dangerous condition of public property, (2) general negligence, (3) motor vehicle negligence, (4) negligent instrument, and (5) strict products liability – design defect against ...
2021.10.07 Motion for Summary Judgment, Adjudication 047
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.10.07
Excerpt: ...rior to April 25, 2017, Defendant designed, manufactured, sold, and placed into the stream of commerce the subject iPhone. In the Complaint, Petitioner alleged that, on April 25, 2017, the subject iPhone exploded, injuring his arm. B. Procedural Based on the foregoing allegations, Plaintiff initiated this action by filing the Complaint alleging two causes of action: (1) general negligence and (2) products liability. Defendant filed the instant mo...

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