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2023.09.21 Motion to Compel Further Responses 605
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.09.21
Excerpt: .... The Court found Jane Sun to be the alter ego of Cherry Blossom. In the opening paragraph of the judgment, it defines "Jane Sun" as "JANE VEI-CHUN SUN, individually and as Co-Trustee of the Jarvis Holding Trust dated 5/15/2004 and as Co-Trustee of the Nixon Lucille Holding Trust dated 6/15/2004." On April 6, 2023, ASNM served post-judgment interrogatories, and post-judgment inspection demands on Jane Sun, and on May 9, 2023, Jane Sun served resp...
2023.09.19 Motion to Quash Service of Summons, to Vacate and Set Aside Default 434
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.09.19
Excerpt: ...en opposition. As discussed below, the Court DENIES the motions. l. BACKGROUND As set forth in the operative Complaint, Plaintiff is wholly owned by Pramod Anand ("Anand"). (Complaint, '1 1.) Defendants Cooper, Holmes, and Nijmeh are each equity owners and managers of defendant SVFFC. (ld., 2-5.) On May 23, 2018, Cooper and Holmes contacted Anand with an investment opportunity. (ld., 12.) They promised a 25% return on a six-month investment of $5...
2023.09.14 Motion to Seal 826
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.09.14
Excerpt: ...c access to the record" and "[al substantial probability exists that the overriding interest will be prejudiced if the record is not sealed." CRC 2.550(d); see Overstock.com, Inc. v. Goldman Sachs Group, Inc. (2014) 231 Cal. App. 4th 471, 487 (Court must make express findings of the 2.550(d) factors and identify the facts supporting its issuance of sealing order). Under CRC 2.551(a), a court cannot permit the sealing of a record based solely on t...
2023.09.12 Motion to Bifurcate Equitable Claims from Legal Ones 834
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.09.12
Excerpt: ... asks the court to bifurcate the punitive damages claim. There is no discretion regarding punitive damages. It is mandatory for the punitive damages claim to be bifurcated under CCP S 3295(d). Plaintiff does not object. Therefore, this aspect of Defendant's motion is GRANTED. The Court has the authority and discretion to bifurcate the equitable claims and hear those claims separately from and prior to the legal claims tried to a jury. CCP S 598 s...
2023.09.12 Motion for Attorney Fees 471
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.09.12
Excerpt: ... extinguish the debt. Request for Judicial Notice Plaintiff's request for judicial notce is denied as the facts are not necessary to the decision of the Court. Facts In 2001, Plaintiff Roger Nelson ("Plaintiff") purchased real property located at 1201 Ayer Dr. in Gilroy, California ("Property"). (See First Amended Complaint ["FAC"] at 1, 13.) Plaintiff purchased the Property for by obtaining loans from First Franklin in the amounts of $339,950 ("...
2023.09.07 Demurrer 643
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.09.07
Excerpt: ...ous condition on Defendant's premises. (ld.) On October 13, 2022, Plaintiff filed a form complaint against defendants City and County of Santa Clara ("County"), asserting causes of action for: premises liability negligence; premises liability—dangerous condition of public property; and negligence. On April 7, 2023, Plaintiff filed a request for dismissal as to County. Remaining defendant City demurs to the causes of achon for premises liability...
2023.09.05 Motion to Quash Deposition Subpoenas, for Monetary Sanctions 010
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.09.05
Excerpt: ...ated through the evening and the morning of June 3, 2018, causing damage to the premises of which Plaintiff was the tenant. On May 31, 2019, Plaintiff filed a complaint against Defendant for property damages and business interruption. On April 7, 2023, Defendant served Plaintiff's counsel with two separate subpoenas for production of business records and accompanying notices to consumers or employees related to the bank subpoenas served on Citiba...
2023.09.05 Motion to Disqualify Counsel 550
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.09.05
Excerpt: ...7, 2022, Plaintiff's counsel prepared and filed the summons and complaint in the Orange County Superior Court of California. On October 7, 2022, Plaintiff filed a first amended complaint and a motion for change of venue. On November 14, 2022, the motion for change of venue was granted. On January 25, 2023, Plaintiff filed the FAC with the new case number against defendant Costco Wholesale Corporation ("Costco"), asserting causes of action for neg...
2023.09.05 Motion for Leave to Amend 584
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.09.05
Excerpt: ...tive damages because Defendant knew there were live wires buried at the site where Plaintiff was excavating, was unaware of how deeply buried the wires were, learned that there were other unexpected items buried at the site, including a set of communication pipes and a copper pipe, and yet encouraged Plaintiff to keep digging, without regard for his safety. Defendant opposes the motion claiming (1) Plaintiff's delay in bringing this motion and th...
2023.08.31 Motion for Protective Order 681
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.08.31
Excerpt: ...r Beatty Action"). During the progress of that case, Defendant and Balfour entered into a non-disclosure agreement ("NDA"). Defendant asserts it cannot respond to plaintiff Technical Systems, Inc.'s ("Plaintiff") document production request because it is bound by the nondisclosure agreement with Balfour. Balfour subcontracted Defendant for over $37 million to work on a public works improvement project. Defendant then subcontracted a portion of th...
2023.08.31 Demurrer to SAC 137
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.08.31
Excerpt: ...s CFO position and Wilco CEO, Mr. Ramasamy, emailed Plaintiff with compensation for the position: a base annual salary of $240,000, an annual performance bonus of up to 10% of his salary amount, and a 5% equity stake in Wilco. (See SAC, 15-16.) The salary and bonus terms of compensation were memorialized in an offer letter dated October 18, 2021, however, Ramasamvs October 17, 2021 email stated that "the equity related details will not be present...
2023.08.31 Demurrer 809
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.08.31
Excerpt: ...Complaint ("FAXC"), in or around June 2022, Cross-complainants discussed the possibility of obtaining a loan in a cash amount between to $475,0W with Cross-defendant. (FAXC, '1 8.) On or around July 13, 2022, Cross-complainants and Cross-defendant executed an Agreement to Procure üJan ("the Agreement"), wherein Cross-defendant agreed to obtain a cash out loan in an amount of $4COOW to on of Cross-complainants and secured by two of their properti...
2023.08.29 Special Motion to Strike, for Attorney Fees 831
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.08.29
Excerpt: ...assigned her to obtain travel documentation related to Lee's brother and his mistress. (Ibid.) Following their meeting, Lee "lured YANG to the united States with the promise of lucrative opportunities at Stanford and in the Silicon Valley investment world." (FAC at '14.) Lee holds himself out as the senior advisor of the former CEO of Stanford Health and as an investor working at Stanford university. (ld. at 3, 7.) Throughout their relationship, ...
2023.08.24 Motion for Summary Judgment 834
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.08.24
Excerpt: ...e roadway causing severe and permanent injuries. (ld.) The pathway was owned, maintained, controlled, transferred, designed, built, patrolled, funded and/or operated by defendant City of Palo Alto ("City"). (See SAC, 2.) The accident was allegedly caused by City as it negligently designed, warned, failed to warn, constructed, created, maintained, repaired, owned, operated, controlled, signed and regulated the subject location, thereby creating a ...
2023.08.24 Motion for Leave to Amend 867
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.08.24
Excerpt: ...Trucking could bring. Plaintiffs request the court take judicial notice of the original complaint and the FAC. As they are court records, the request is GRANTED. Defendants request that the court take judicial notce of facts within court filed documents. This request is DENIED. The fact of the filings can be judicially noticed, but the court will not take judicial notice of the truth of the information in the records or of the interpretation of t...
2023.08.24 Demurrer, Motion to Strike 562
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.08.24
Excerpt: ...d for employment with Defendant for a job assignment with Tesla. (FAC, 29.) He was offered the position and accepted. (Ibid.) Plaintiff then signed a digital consent disclosure authorizing Defendant to obtain an investigative consumer report ("ICR"). (ld. at '1 30.) The FAC alleges the disclosure was non-compliant and that he opted-in to request a copy of the report in the event of its procurement. (Ibid.) On July 19, 2022 and July 22, 2022, Defe...
2023.08.22 Motion for Summary Judgment 830
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.08.22
Excerpt: ...ty at 7177 Pitlochry Drive in Gilroy in 2004 with a loan through Greenpoint Mortgage Funding. (See complaint, 9- 10.) Defendant Nationstar Mortgage LLC ("Nationstar") is the servicer of the loan and defendant NBS Default Services LLC ("NBS") is the trustee. (See complaint, 10.) In 2015, Plaintiffs' mortgage payment increased and they fell into financial hardship. (See complaint, '1 11.) Plaintiffs requested mortgage assistance and were assigned T...
2023.08.22 Demurrer 477
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.08.22
Excerpt: ...of themselves as individual shareholders and derivatively on behalf of all shareholders of VCI. (ld. at 45.) This action is brought against defendant Jenay A. Hoffman ("Jenay" or "Defendant"),l the personal representative of the Estate of James C. Hoffman ("Hoffman Estate") and the sole present Trustee of the Hoffman Trust. (FAC, 12.) VCI, a closed California corporation, is named as a nominal defendant. (ld. at '1 13.) b. General Allegations VCI...
2023.08.17 Special Motion to Strike 259
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.08.17
Excerpt: ...lareh Homayounfar ("Wife") were married on August 21, 2016 in Washington D.C. (See complaint, 21.) In September 2017, they had their first child ("Child 1") and in the summer of 2018, Wife, Child 1 and Wife's mother, defendant Homa Homayounfar ("Homa") moved from Brooklyn, New York to a residence in Santa Clara that Husband was renting. (See complaint, 23-27.) In May 2021, Wife and Husband had a second child ("Child 2"). (See complaint, '1 41.) A...
2023.08.17 Motion to Quash Service, Petition to Confirm Contractual Arbitration Award 053
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.08.17
Excerpt: ...ER THIS CONTRACT, IN ANY CLAIM ARISING OUT OF THIS CONTRACT OR ITS BREACH, SHALL BE SUBMITTED TO BINDING ARBITRATION UPON THE WRITTEN REQUEST OF ONE PARTY AFTER THE SERVICE OF THAT REQUEST ON THE OTHER PARTY. THE PARTIES SHALL APPOINT A RETIRED SUPERIOR COURT JUDGE LOCATED IN SANTA CLARA COUNTY TO HEREIN DETERMINE THE DISPUTE. IF THE PARTIES CANNOT AGREE, THEN THE PRESIDING JUDGE OF THE SUPERIOR COURT OF SANTA CLARA COUNTY SHALL CHOOSE A RETIRED ...
2023.08.17 Motion to Compel Continued Deposition 214
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.08.17
Excerpt: ...r deposition should wait until Defendant's health has recovered. Accordingly, Defendant asks that the motion be denied, that sanctions be denied, and that Defendant be allowed "ample opportunity" to address the Second Amended Complaint (SAC). First, the Second Amended Complaint does appear on the public portal and was filed June 26, 2020. Defendant answered the SAC on July 28, 2020. Defendant does not need to time to address the SAC as she alread...
2023.08.15 Motion to Strike 157
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.08.15
Excerpt: ...4.) SSH makes several additional representations on its website, including: that residential clients will live on-site and will be supervised 24 hours a day, 7 days a week; clients will be paired with a certified counselor; and that in addition to an individualized treatment plan, counselors and clients will work together to identify a discharge plan that supports long term recovery. (ld. at "15-17.) Many of SSH's potential clients and clients, i...
2023.08.10 Motion for Assigning Rent 605
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.08.10
Excerpt: ... damages and $193,315.36 in prejudgment interest against Sun. Judgment creditors are lessees and Cherry Blossom is the lessor of property at 2828 Monterey Road in San Jose in which Cherry Blossom is to receive month in "base rent" through July 31, 2025 and with an option through July 31, 2030. Additionally, section 4.1 of the lease defines "rent" as "[a]ll monetary obligations of Lessee under the terms of this Lease (except for the Security Depos...
2023.08.08 Special Motion to Strike Complaint 831
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.08.08
Excerpt: ...Street Offices, LLC ("40MSO") (collectively, "the Sorensens" or "Defendants"). According to the complaint, in 2007, the Sorensens raised $2,840,000 to purchase commercial property for redevelopment located at 40 Main Street in Los Altos, California, upon which a one-story office building stood. (Complaint at 9.) At the time, Packard was serving on the Los Altos City Council. (Ibid.) The Sorensens prepared and used an investment prospectus that ma...
2023.08.08 Motion for Summary Judgment 254
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.08.08
Excerpt: ... motion for summary judgment. I. Factual and Procedural Background According to allegations of the Complaint, Plaintiff began working as an office manager for Defendants in August 2015. (Complaint at p. 1:25.) Plaintiff performed administrative tasks and other duties, including editing vocational evaluation reports. (ld. at p. 2:4-5.) Simon and others provided Plaintiff with letters of recommendation supporting her endeawrs to enter the industry ...

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