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2023.08.03 Motion to Compel Arbitration 434
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.08.03
Excerpt: ...6, from the dealer (who has been dismissed and is no longer a party to this lawsuit). Plaintiff's complaint alleges the vehicle is defective and allege four causes of action under the Song-Beverly Consumer Warranty Act against Nissan, the manufacturer of the car, as well as fraudulent inducement. The sales contract for the car includes an arbitration agreement between the Plaintiff and the dealer, the only signatories to the agreement. The arbitr...
2023.08.03 Motion for Judgment on the Pleadings 116
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.08.03
Excerpt: ... 7.) Anthony was formerly an offcer of TJGA, LCC, a construction company doing business as AR Construction ("ARC"). (ld. at '1 8.) ARC transferred its assets to HEAD, allegedly liable to Plaintiff on a successor liability theory. (ld. at 12.) Anthony left ARC on or about May 3, 2021, and joined HEAD on or about May 12, 2021. (ld. at "1 9, 12.) ARC transferred all or nearly all of its operating assets to HEAD in an attempt to avoid its creditors. ...
2023.08.01 Motion for Summary Judgment 266
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.08.01
Excerpt: ..."subject property"). (See complaint, 7.) County's investigation revealed an unpermitted residence and accessory structure, two unpermitted greenhouses, a large outdoor cannabis cultivation operation, excessive outdoor storage of debris, unpermitted plumbing and electrical work, unpermitted installation of a roof mount photovoltaic system, extensive unpermitted grading, and storage and habitation of a trailer or recreational vehicle. (ld.) On Augu...
2023.08.01 Motion for Summary Adjudication 088
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.08.01
Excerpt: ... Spiegel's religious practice of honoring the Sabbath to a room full of nurses and thereafter reported the incident to SHC's human resources department. (See complaint, 7-8.) After an investigation ensued, Dr. Martin then mistreated Plaintiff, retaliating against Plaintiff for having complained about her conduct. (See complaint, 8-9.) Plaintiff sought the advice of her supervisor, Debra Bergman, Dr. Steve Coutre, the Medical Director of Hematolog...
2023.08.01 Demurrer, Motion for Judgment on the Pleadings, for Sanctions 542
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.08.01
Excerpt: ...nt on the pleadings; and (3) DENIES the motion for sanctions. l. BACKGROUND The factual and procedural background to the action are detailed in the Court's Order filed on November 28, 2022 regarding the special motion to strike the Complaint, and are not repeated in full here. In summary, the Complaint alleges plaintiff Emily Marshall ("Plaintiff") and her husband George lost their home via foreclosure. (Complaint at '125.) The sale of the home a...
2023.07.27 Motion to Compel Deposition, to Quash 781
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.07.27
Excerpt: ...cuments by Dr. Oshotory served by Plaintiff, claiming it is premature under CCP S 2034.210 et seq. Plaintiff claims that under CCP SS 2032.610 he is entitled to get the medical report from the examining doctor and may also depose him. Plaintiff contends that the case Kennedy v. Superior Court (1998) 64 Cal.App.4th 674, 576 makes clear that an examining physician can be deposed regardless of the expert witness timing rules. Defendant counters that...
2023.07.27 Motion to Amend Judgment 259
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.07.27
Excerpt: ...ed as Exhibit A to the Second Declaration of Guadalupe, claiming that Creditor should have included it in her moving papers. The Court will consider it. The Order directly contradicts evidence submitted by Defendants in their opposition, in which they state that no counsel appeared on behalf of Care Intranet. As such, it was properly submitted as rebuttal evidence in reply. The Court finds it unnecessary to rule on Defendants' other evidentiary o...
2023.07.27 Demurrer 955
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.07.27
Excerpt: ...at '1 16.) After the acquisition, Plaintiff was managed by Head of Recruiting, Brian Robinson ("Mr. Robinson"). (Ibid.) While employed by Defendant, "Plaintiff had, and/or was perceived by Employer as having and/or likely to have disabilities in the future. These disabilities included . . . depression, anxiety, attention deficit hyperactivity disorder .. ., post-traumatic stress disorder .. ., Delayed Sleep Phase Syndrome, and related physical sy...
2023.07.25 Motion to Compel Further Responses 940
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.07.25
Excerpt: ...Defendant Qi has failed to prov-de any response to these requests. Defendant contends that he need not provide such documents because "(1) there are bank statements in general EventBrite, Venmo, PayPal, etc. and (2) there are no bank statements reflecting the deposit of funds collected on behalf of Plaintiff individually," as the money was collected on behalf of "the corporation." He also contends that because the amount collected is not in contr...
2023.07.25 Demurrer, Motion to Strike 932
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.07.25
Excerpt: ...) is a nonprofit California corporation, owned, controlled, directed, and operated by Doe 1, which included the church ("San Jose Congregation") that Plaintiff attended and the property where the unlawful acts of childhood sexual assault occurred. (ld. at '1 11.) Doe 1 was responsible for finalizing the appointments of Elders and Ministerial Servants, including Doe 3, from its headquarters in New York. (Complaint, '17.) The managing agents direct...
2023.07.20 Motion for Relief from Deemed Admissions 145
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.07.20
Excerpt: ...respond to the discovery requests or whether Plaintiff would need to obtain a Court order compelling response. On March 31, 2022, Mr. Klein emailed Plaintiff's counsel and stated he was encountering enormous difficulty in securing his clients' cooperation in responding to this written discovery. On May 3, 2022, a substitution of attorney for Defendant was filed which substituted Defendant as a self-represented party in place of Mr. Klein. Plainti...
2023.07.20 Motion for Summary Judgment 270
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.07.20
Excerpt: ...nd Parkmoor Avenue in San Jose, California ("Subject Location"). (ld. at '1 7.) At the same time, defendant David Allen was operating a light rail vehicle in the generally northbound direction towards the Subject (Ibid.) The light rail vehicle ran into Decedent, and she was killed. (ld. at 7.) Plaintiff alleges the train operator (Allen) and the VTA (collectively, "Defendants"), "failed to sound a horn or other device at or near the crossing, to ...
2023.07.20 Motion to Compel Arbitration 948
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.07.20
Excerpt: ...rt "to honor the arbitration clause in the Client Manual." (Opp. at p. 3:7.) After Citibank failed to pay the administrative fee required by AAA and by statute (Code Civ. Proc., S 1281.97), AAA closed out the case, and Lee filed the present action in this court. Lee now contends that Citibank waived its right to compel arbitration, and the court agrees. Accordingly, the court denies the motion. Although a waiver of arbitration is generally not li...
2023.07.18 Motion to Compel Arbitration 830
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.07.18
Excerpt: ...ble because Defendants did not initial the arbitration clause, as they claim is required under Business and Professions Code S 7191. That section requires a line or space "for the parties to indicate their assent or nonassent to the arbitration provision" and it also requires a notice provision advising of the rights waived by agreeing to arbitrate. CA Cade S 7191(b). There is no dispute that the contract at issue complied with the general requir...
2023.07.18 Motion for Summary Judgment to FAC 668
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.07.18
Excerpt: ...intiff"), and defendant Mosaic Dance and Fitness, LLC ("Mosaic") entered into a written lease agreement (the "Lease Agreement"). (FAC at '1 7.) Under the Lease Agreement, defendant Mosaic agreed to lease certain premises located at 3595 Stevens Creek Blvd. in Santa Clara, California ("Premises"), for a term of approximately two (2) years and two (2) months, beginning on or about November 1, 2019, and ending on or about December 31, 2021. (Ibid.) ...
2023.07.13 Motion to Strike TAC 908
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.07.13
Excerpt: ...by Lawrence Moroso. The incident occurred on The Old Road in Newhall, California. Lawrence died as a result of the injuries. Plaintiffs allege Jacob Sanchez was operating the vehicle on behalf of employer, defendant Newegg. On August 5, 2021, Plaintiffs filed a complaint for Negligence, Negligent Hiring, Negligent Entrustment, Negligent Supervision, and Survival Action. On September 9, 2021, Distinct Cars answered the complaint. On September 17, ...
2023.07.13 Motion to Strike 493
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.07.13
Excerpt: ...mended complaint (“FAC”). TENTATIVE RULING: The motion is denied. ANALYSIS The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. (Code Civ. Proc., § 436, subd. (a).) The court may also strike all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. (I...
2023.07.13 Motion to Reopen Discovery 277
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.07.13
Excerpt: ...fiduciary duty, fraudulent inducement, intentional misrepresentation, breach of contract, and negligent misrepresentation. The cross-complaint arises out of the same business relationship that forms the basis of the complaint. 2. 2/14/23 Motion to Reopen Discovery On 2/14/23, the Court heard Plaintiffs' motion to reopen discovery. As it relates to today's motion, the Court ruled: Plaintiffs propounded a deposition subpoena for production of busin...
2023.07.13 Motion to Reopen Discovery 277
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.07.13
Excerpt: ...fiduciary duty, fraudulent inducement, intentional misrepresentation, breach of contract, and negligent misrepresentation. The cross-complaint arises out of the same business relationship that forms the basis of the complaint. 2. 2/14/23 Motion to Reopen Discovery On 2/14/23, the Court heard Plaintiffs' motion to reopen discovery. As it relates to today's motion, the Court ruled: Plaintiffs propounded a deposition subpoena for production of busin...
2023.07.13 Motion to Reopen Discovery 277
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.07.13
Excerpt: ...fiduciary duty, fraudulent inducement, intentional misrepresentation, breach of contract, and negligent misrepresentation. The cross-complaint arises out of the same business relationship that forms the basis of the complaint. 2. 2/14/23 Motion to Reopen Discovery On 2/14/23, the Court heard Plaintiffs' motion to reopen discovery. As it relates to today's motion, the Court ruled: Plaintiffs propounded a deposition subpoena for production of busin...
2023.07.13 Motion to Compel Further Responses, for Sanctions 168
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.07.13
Excerpt: ...ubsequently purchased a defective 2016 Chevrolet Traverse ("Subject Vehicle") that was manufactured and warranted by Defendant. (Complaint ("Compl."), 11- 12, 15.) The Subject Vehicle had nonconformities including, but not limited to, transmission and engine issues which substantially impaired the use, value, and/or safety of the Subject Vehicle. (ld. at "1 15-17.) On January 28, 2022, Plaintiffs filed the operative Complaint, asserting the follo...
2023.07.13 Motion to Compel Arbitration 821
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.07.13
Excerpt: ...r PAGA for personally sustained violations and violations against other aggrieved employees. Except for specifically enumerated exceptions, the court must order the petitioner and respondent to arbitrate a controversy if the court finds that a written agreement to arbitrate the controversy exists. (See CCP §1281.2.) “In California, [g]eneral principles of contract law determine whether the parties have entered a binding agreement to arbitrate....
2023.07.13 Motion to Compel Arbitration 821
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.07.13
Excerpt: ...r PAGA for personally sustained violations and violations against other aggrieved employees. Except for specifically enumerated exceptions, the court must order the petitioner and respondent to arbitrate a controversy if the court finds that a written agreement to arbitrate the controversy exists. (See CCP §1281.2.) “In California, [g]eneral principles of contract law determine whether the parties have entered a binding agreement to arbitrate....
2023.07.13 Motion for Summary Judgment, Adjudication 947
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.07.13
Excerpt: ...ase arises from a dispute between an insurer and its insured. Plaintiffs Carney Shegarian and Shekar Family Trust I (the “Trust”) formed Plaintiff 32453 PCH, LLC (the “LLC”) to buy and own property located at 32453 Pacific Coast Highway in Malibu (the “Property”). (Undisputed Material Facts (“UMF”) No. 1.) The LLC purchased the Property for $7,775,000. (UMF No. 56.) To insure the Property, Shegerian's broker (Greg Saffer) worked w...
2023.07.13 Motion for Summary Judgment, Adjudication 947
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.07.13
Excerpt: ...ase arises from a dispute between an insurer and its insured. Plaintiffs Carney Shegarian and Shekar Family Trust I (the “Trust”) formed Plaintiff 32453 PCH, LLC (the “LLC”) to buy and own property located at 32453 Pacific Coast Highway in Malibu (the “Property”). (Undisputed Material Facts (“UMF”) No. 1.) The LLC purchased the Property for $7,775,000. (UMF No. 56.) To insure the Property, Shegerian's broker (Greg Saffer) worked w...

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