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2023.12.07 Demurrer 826
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.12.07
Excerpt: ...Plaintiff maintained his own private law practice. (Ibid.) In or around 2013, ATI became involved in litigation against another company. (SAC, 13.) Plaintiff was involved in managing outside counsel, consulting with outside counsel and ATI executives, researching areas of law for discussion with outside counsel, participating in witness and export depositions, participating in mediations, and having settlement discussions with the other company's...
2023.12.05 Motion for Joinder 639
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.12.05
Excerpt: ...ction in whole or in part on any conditions that may be just." Code Civ. Proc. S 410.30(a). Factual Background In dissolving their marriage, Elizabeth Chung and David Chung are dividing their assets. Bend Capital, LLC ("Bend") holds title to the family home. Elizabeth and David are Members of Bend and each holds a 50% interest in Bend. The purpose of Bend is to borrow money and hold title to the family home. Elizabeth and David disagree about whe...
2023.12.05 Demurrer 441
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.12.05
Excerpt: ...endor credit applications that, unbeknownst to Plaintiff, included personal guaranties against both Plaintiff and the CEO. (See SAC, 12.) On June 30, 2016, defendant Ron Jankov ("Jankov") had Plaintiff sign an indemnification agreement concerning the personal guarantees on the credit application Plaintiff signed. (See SAC, '1 13.) Platinum also obtained insurance policies from Admiral Insurance Company and QBE Specialty Insurance and expressly re...
2023.12.05 Motion for Summary Judgment 478
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.12.05
Excerpt: ...e case was thereafter transferred to Santa Clara County. Plaintiff alleges that on September 5, 2019, following an open court hearing in the State Courts of the Republic of Singapore, Jennifer Marie, Registrar of State Courts of Singapore entered a conclusive and enforceable judgment ("Judgment") against Defendant in the principal amount of $48,000 (USD), plus costs of $1,800 USD, plus interest at 5.33% per annum from the date of the preceding wr...
2023.11.30 Motion to Quash Service of Complaint 334
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.11.30
Excerpt: ...nsel from the Sixth District Appellate Project ("SOAP"), Jared Coleman, who prepared and filed a criminal appeal, and prepared and planned to file a habeas petition with the Sixth District. (See complaint, 12-13.) Plaintiff reviewed the draft and suggested additional investigative work that Mr. Coleman was unable to do or did not have funds for. (See complaint, '1 14.) Plaintiff then floated the habeas petition draft to private attorneys for opin...
2023.11.30 Motion to Compel Arbitration 637
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.11.30
Excerpt: ...arefully read this provision, which applies to any dispute between you and Tesla, Inc. and its affiliates, (together "Tesla"). If you have a concern or dispute, please send a written notce describing it and your desired resolution to [email protected]. If not resolved within 50 days, you agree that any dispute arising out of or relating to any aspect of the relationship between you and Tesla will not be decided by a judge or jury but instead ...
2023.11.28 Motion to Compel Further Responses, for Monetary Sanctions 705
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.11.28
Excerpt: ...a Rekhi ("Rekhi") and YCI, Plaintiff was formed to create a parent corporation for the acquisition of RB, with three entity owners: Hurley Family Trust, Chamonix Holding, Inc., and YCI. (See FAC, 7-13.) Plaintiff was not in the business of selling alcohol and therefore relied upon the representations of Defendants Rekhi, Gibbs, and YCI. (FAC, '19.) Plaintiff relied on the following information provided by Defendant Gibbs, at the request of Defend...
2023.11.28 Motion for Summary Judgment to SAC 874
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.11.28
Excerpt: ...ended complaint ("SAC"), the District is the largest multi-purpose water supply, watershed stewardship, and flood management special district in California. (SAC at '1 10.) The District owns and operates the Rinconada Water Treatment Plant ("RWTP") which takes in raw water from various sources and processes it to produce potable water (i.e., drinking water). (ld. at '1 11.) Like every drinking water plant, the RWTP employs a Residuals Management ...
2023.11.28 Motion for Attorney Fees 244
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.11.28
Excerpt: ...air share for the home while he lived there, that Defendants have limited resources, and that Plaintiff delayed settlement of the action, while Defendants prevented the property from being foreclosed on. Plaintiff argues that this Court should not consider Defendants' opposition as it was filed late. This Court will consider the opposition, as it is favored policy to consider cases on their merits and Plaintiff was not prejudiced by the late fili...
2023.11.21 Motion to Compel Further Responses 030
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.11.21
Excerpt: ... any response to Sl Nos. 11, 13, 21-23, and 26-29 and submitted objections to the remaining interrogatories that are the subject of the instant motion to compel. Regarding the RPDs, SJHP argues Plaintiff asserted boilerplate objections and Plaintiff did not respond to the S#cific RPDs or failed to offer any supplemental response. On October 23, 2023, SJHP filed a motion to compel further responses to supplemental interrogatories and a motion to c...
2023.11.21 Motion for Leave to File Complaint 935
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.11.21
Excerpt: ...1) the remand from the appellate court is limited to the issue of Kathy Pesic's damages; (2) the motion is not timely and is in bad faith; and (3) the cross-complaint falls to state a valid cause of acton. Factual and Procedural Background This action arises out of the alleged use of decedent Ivan Pesic's ("Pesic") genetic material by Joyce Chin ("Chin") to conceive two children through the fertility procedures performed by the Zouves Defendants....
2023.11.21 Demurrer 294
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.11.21
Excerpt: ...ne 19, 2017, in the City of San Jose, defendant Owens negligently operated, maintained, and controlled her vehicle which collided with Insured's vehicle causing property damage. (ld. at "1 11-13.) Owens drove her vehicle with the permission, consent, and knowledge of defendant Wilcox. (ld. at 11.) As a result of Defendants' negligence and after receiving proof of loss, plaintiff Sentry under its policy, paid to or on behalf of its Insured, along ...
2023.11.16 Demurrer 777
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.11.16
Excerpt: ...l., '1 1.) Plaintiffs Perla and Mohan are also a married couple. (ld. at 2.)1 B. Defendants Defendant Tashjian is an individual and a principal and/or controlling member of defendant Homestead, a limited liability company. (Compl., 5, 6.) Whitman is an individual and a manager or member of Homestead. (ld. at 7.) Homestead, Tashjian, and Whitman are considered the "Sellers." (Ibid.) Defendant Baronian is a California real estate agent employed by ...
2023.11.16 Motion to Intervene 366
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.11.16
Excerpt: ..."an interest relating to the property or transacton that is the subject of the action," (2) that the "disposition of the action may impair or impede [the non-party's] ability to protect that interest," and (3) the interest is not "adequately represented by one or more of the existing parties." (S 387 subd. "These criteria are virtually identical to those for compulsory joinder of an indispensable party." (Carlsbad Police Officers Association v. C...
2023.11.16 Demurrers 018
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.11.16
Excerpt: ...he Employee Plaintiffs were employed by Kiewit Infrastructure West Corporation ("Kiewit Corporation") as Journeyman Pipe Fitters, working at San Jose-Santa Clara Regional Wastewater Facility ("Wastewater Facility"). (Compl., 19.) The Wastewater Facility is owned by the City Defendants. (Compl., 18.) On or around June 14, 2022, Employee Plaintiffs' employer was contracted by Defendants to replace and update equipment at the Wastewater Facility. (C...
2023.11.16 Motion for Summary Judgment, Adjudication 905
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.11.16
Excerpt: ...co Mortgage Management, LLC, dba Sprout Mortgage ("Recovco") to purchase property located at Fennel Court in Morgan Hill (the "Property). (Complaint, 1, 16-17.) To secure the loan, he executed a deed of trust ("Deed of Trust") by which he conveyed the Property to Stewart Title of California Inc. ("Stewart Title") as trustee to hold for the benefit of Recovco's designee, Mortgage Electronic Recording Systems, Inc. ("MERS"). (ld. at '1 1, Exs. A, B...
2023.11.09 Motion to Disqualify 639
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.11.09
Excerpt: ...nd David disagree about whether there is an outstanding loan on the family home. Elizabeth filed this lawsuit against various company defendants and David for declaratory and injunctive relief as to whether the loan on the family home is legitimate and should be enforced. She did not sue Bend. One defendant, Altva Capital Management Limited, filed a counterclaim against David and Bend to enforce the loan on the family home. Elizabeth, as a Member...
2023.11.09 Demurrer 965
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.11.09
Excerpt: ...ders who was misled into lending money to Greymont, McClenahan, and Flores through several fraudulent real property development schemes. (FAC, p. 2:9-11.) Defendants convinced Plaintiff to abandon her secured deeds of trust on one development project, on the promise of being secured by another development project. (ld. at p. 2:11-13.) The second development project was already significantly overencumbered and resulted in Plaintiff losing the enti...
2023.11.02 Motion to Quash, for Sanctions 302
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.11.02
Excerpt: ...Policy"). (FAC, '1 10.) In August 2019, Carpenter began the process of obtaining for Plaintiff, through Lincoln Financial Group ("Lincoln"), two additional life insurance policies for $7,500,000 each (the "Lincoln Policies"). (ld. at 11.) Carpenter told Plaintiff he would do a "1035 exchange" from the John Hancock Policy to the Lincoln Polices for an estimated total of $162,000. (ld. at '1 12.) The FAC further alleges Carpenter allowed the John H...
2023.11.02 Demurrer, Motion to Strike 366
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.11.02
Excerpt: ...de, S 12900, et seq.) ("FEHA") against employee John Doe ("Doe"). Doe is a Dalit Indian, a caste at the bottom of the Indian hierarchy into which he was born. (Compl., 1.) Doe was recruited and hired at Cisco by 'yer in or around September 2015. (30.) At Cisco, Doe worked with a team of entirely Indian employees who all grew up in India and immigrated to the United States as adults. (Compl., 3.) Except for Doe, his entire team was from the high c...
2023.10.26 Motion for Summary Judgment 545
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.10.26
Excerpt: ...ome located at 70 West Fifth Street in Morgan Hill, California. (See Complaint at GN-I.) On January 10, 2017, while this was in effect, a tree owned by defendant Chan, fell and landed on the house causing damage to the Insured's home. (ld. at GN-I, Prem. L-1.) Thereafter, Allstate, pursuant to the terms and conditions of the policy, paid certain claim payments for the aforementioned loss to the Insured's home. (Ibid.) Allstate alleges defendant C...
2023.10.26 Motion for Summary Adjudication 458
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.10.26
Excerpt: ...ardi Constructon Company ("Lusardi"), and Simmons Glass and Window, Inc. ("Simmons"). (ld. at 1, 11-14.) Plaintiff alleges the shower door in her hotel nnm shattered and onto her, causing severe bodily injuries and other damages. (ld. at '11.) According to Plaintiff, defendants are responsible for her injuries, including by failing to comply with safety standards and exercise ordinary care with respect to the shower door that caused her injuries....
2023.10.24 Motion to Compel Further Discovery Responses 906
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.10.24
Excerpt: ...ery responses from Plaintiff. Plaintiff opposes the motion. Discovery Motons Meet and Confer Efforts A moton to compel further discovery responses must be accompanied by a meet and confer declaration pursuant to Code of Civil Prmædure section 2016.040. Civ. Prtw, S 2033.290, subd. (b) [requests for admission]; Ctxle Civ. Proc., S 2030.300, (b)(l) [interrogatories].) Section 2016.040 requires a moving party to make a "reasonable and good faith at...
2023.10.24 Motion for Summary Judgment 779
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.10.24
Excerpt: ...Jose known as "Downtown West." (See FAC, "11-2, 42-47.) Defendants Peter Gill Case2 , Matthew Owen Case3 , Warren Titus Weber, Ots Klingbeil, Laurance Rockefeller4 , Barbara Byron, Barbara Robin Tomasi, Theodore David Tomasi, Anne Marie Tomasi, Louisa Robins Hendrix, Leslie Kipp Hendrix, James Davis Robins, David Fuller Learnard, Fric Jan Spruyt, Alan 8. Spruyt, Emily Lee5 , Ava Learnard, Otto Learnard, Louise R. 03rd, Peter Adams6 , Christopher ...
2023.10.24 Demurrer, Motion to Strike 906
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.10.24
Excerpt: ...ties share one child together, born in 2017. (Ibid.) During their relationship, the parties acquired multiple properties together, including their shared home in San Jose ("the Property"). (See FAC, 8-12.) The parties agreed that for each of the properties, Plaintiff would contribute the down payment, to be paid back upon sale of the properties. (ld. at 13.) Some of these properties have been sold, but Plaintiff was not paid his down payment. (ld...

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