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2023.07.13 Motion for Summary Judgment, Adjudication 743
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.07.13
Excerpt: ...with a grant date of January 1, 2020. (See complaint, "1 2-3.) The offer letter further states that the RSU grant shall be converted into "ordinary shares of YY Inc." subject to a conversation ratio of "10000/2774 (10000 RSU[s] equals 2774 ordinary shares of YY Inc.)." (See complaint, '13.) As of January 1, 2021, Plaintiff expected to have 5,091 shares in YY vested; however, instead, only 255 YY shares had vested. (See complaint, 4.) Plaintiff fo...
2023.07.13 Motion for Summary Judgment 448
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.07.13
Excerpt: ...alleges the following relevant facts: “On April 22, 2020… Plaintiff IRENE LOPEZ TARIN, was walking on Pine Ave. and tripped an [sic] fell due to a dangerous condition in the form of severely uneven pavement.” (FAC Prem. L-1.) Plaintiff alleges that “Defendants and each of them negligently and carelessly owned, operated, managed, entrusted, designed, and maintained said premises as to cause bodily injury to Plaintiff.” (FAC GN-1.) The FA...
2023.07.13 Motion for Summary Judgment 448
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.07.13
Excerpt: ...alleges the following relevant facts: “On April 22, 2020… Plaintiff IRENE LOPEZ TARIN, was walking on Pine Ave. and tripped an [sic] fell due to a dangerous condition in the form of severely uneven pavement.” (FAC Prem. L-1.) Plaintiff alleges that “Defendants and each of them negligently and carelessly owned, operated, managed, entrusted, designed, and maintained said premises as to cause bodily injury to Plaintiff.” (FAC GN-1.) The FA...
2023.07.13 Motion for Summary Judgment 095
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.07.13
Excerpt: ...1.) Thereafter, defendants Nancy Kim and her brother, defendant Timothy Kim (collectively, "Defendants"), occupied the Subject Property. (ld. at '1 9.) On or about August 15, 2018, plaintiff Park and defendant Nancy Kim agreed to extend the lease term for an additional six months. (Complaint at '1 10.) Defendant Nancy Kim gave her brother, Timothy Kim, power of attorney to enter into a written lease extension. (Ibid.) The rent increased to $3,750...
2023.07.13 Motion for Judgment on the Pleadings 508
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.07.13
Excerpt: ...the parties in this and the related matter before this Court have filed a variety of motions so that the Court is well acquainted with the two lawsuits and the allegations. Secondarily, the Court is disappointed that what is essentially a pleading motion has been filed many years after suit was filed, as to matters that might well have been addressed by demurrer or by a few specifically targeted contention interrogatories. The opposition papers a...
2023.07.13 Demurrer, Motion to Strike 911
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.07.13
Excerpt: ...upervision. Plaintiff alleges he chose Defendant's office due to its proximity to Plaintiff's home, as Plaintiff is elderly and has poor vision, such that he prefers not to drive long distances. Plaintiff alleges Defendant made numerous errors and omissions in connection with his care and treatment. The most serious allegation concerns an event that took place on 9/02/21. Defendant assigned a new trainee phlebotomist to Plaintiff, and Defendant w...
2023.07.13 Demurrer, Motion to Strike 911
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.07.13
Excerpt: ...upervision. Plaintiff alleges he chose Defendant's office due to its proximity to Plaintiff's home, as Plaintiff is elderly and has poor vision, such that he prefers not to drive long distances. Plaintiff alleges Defendant made numerous errors and omissions in connection with his care and treatment. The most serious allegation concerns an event that took place on 9/02/21. Defendant assigned a new trainee phlebotomist to Plaintiff, and Defendant w...
2023.07.13 Demurrer, Motion to Strike 854
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.07.13
Excerpt: ...tiff's entire petition without leave to amend, and the petition is therefore dismissed. REQUEST FOR JUDICIAL NOTICE: Respondent's request for judicial notice is granted. BACKGROUND Petitioner brings this action against Respondent in relation to the Los Angeles County Department of Regional Planning's (“DRP”) evaluation and recommendation of conditions of approval in Petitioner's Conditional Use Permit (“CUP”) Application No. RPPL201900266...
2023.07.13 Demurrer, Motion to Strike 204
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.07.13
Excerpt: ...ity to amend as the Opposition raises several issues which are susceptible of amendment if Plaintiff can overcome the claim-presentation defect. (2) Defendants' Motion to Strike is MOOTED. ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On March 18, 2021, Plaintiff, Alan Hall (“Plaintiff”) filed a Complaint against Defendant, City of Lawndale (“Defendant”). On February 8, 2022, Plaintiff filed a First Amended Complaint (“FAC”). On Octob...
2023.07.13 Demurrer to SACC, Motion to Strike 284
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.07.13
Excerpt: ...y 21, 2023, Defendant/Cross-Complainant THOMAS REYES, JR. (“Cross-Complainant” or “Reyes”) filed subject Second Amended Cross-Complaint (“SAXC”). The SAXC alleges, in pertinent part: “This Cross-Complaint centers around the fraud and breach of duties by Cross-Defendants to take control of Cross-Complainant's business and the Cross-Defendant's attempts to take Cross-Complainant's personal property that he created and owned before the...
2023.07.13 Demurrer to FAC 081
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.07.13
Excerpt: ...n Plaintiff Aric Cho (Plaintiff) and Defendant Kye Hyun Lee (Defendant). On 11/7/22, Plaintiff filed his original complaint which was captioned as a complaint for “intentional bodily injury.” On 12/9/22, Plaintiff filed his First Amended Complaint which no longer includes the reference to “intentional bodily injury” in the caption. However, the First Amended Complaint is based on the same allegations as the original complaint. After Plain...
2023.07.13 Demurrer 619
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.07.13
Excerpt: ...endant to file a responsive pleading within five days. Defendant appealed the ruling on the motion to quash, and the appeal was ultimately dismissed. On 5/23/23, the Court permitted Plaintiff to re-file the action as an unlimited civil action, and on 5/24/23, Plaintiff filed the operative First Amended Complaint. On 6/12/23, Defendant filed a demurrer to the FAC, which is set for hearing today. 2. Demurrer a. Legal Standard on Demurrer A demurrer...
2023.07.11 Motion to Stay Pending Resolution of Criminal Proceedings 251
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.07.11
Excerpt: ...ant John Reed engaged in an intentional and repeated stabbing that led to Donghi He Reed's wrongful death. (Compl. p. On January 19, 2021, a criminal complaint was filed in Santa Clara Court Case Number C2100651 charging Defendant John Reed with murder.2 Defendant has neither pleaded guilty to the charges, nor have they been dismissed. (Motion 2:21-22.). As of this date, an arraignment has been held and a trial setting has been scheduled for July...
2023.07.11 Anti-SLAPP Motion, Motion to Strike 259
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.07.11
Excerpt: ...tress, the entirety of Plaintiff's Third Cause of Action for Abuse of Process, and the entirety of Plaintiff's Fourth Cause of Acton for Malicious Prosecution under CCP 425.16. Defendants separately move to strike all but paragraphs 97-103 of the complaint under CCP S 435 and 436, subd. (a) as irrelevant and improper. Plaintiff's Motion to Continue The Court acknowledges that on June 30, 2023, Plaintiff filed a Motion to Continue the July 11, 202...
2023.07.06 Motion to Strike, Demurrer to FACC 744
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.07.06
Excerpt: ...d at 577 Salmar Ave., Campbell, CA ("the Property"). (Li FAXC, '1 8.) The Property consists of a two-floor commercial building with office spaces. (Li FAXC, '1 10.) Jialin Niu ("Niu"), the owner of 577 Campbell, also owns CS8U, occupying the lower floor of the Property. Li, who owns and works for GSI Homes and GSI Properties ("GSI Entities") executed a written lease ("2018 Lease") with CS8U for Room 107 in the Property. (Li FAXC, 11, 12.) Since t...
2023.06.29 Motion to Compel Further Responses 267
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.06.29
Excerpt: ...ff's moton for an order compelling Defendant to provide further responses to Form Interrogatories (Set One), Special Interrogatories (Set One), and Request for Production of Documents and Electronically Stored Information (Set One). In addition, Plaintiff requests orders requiring Defendant to produce all responsive materials in its custody and control and requiring Defendant to pay monetary sanctions of $5,000. The hearing on Plaintiff's motion ...
2023.06.29 Demurrer 826
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.06.29
Excerpt: ...intiff maintained his own private law practice. (Ibid.) In or around 2013, ATI became inwlved in litigation against another company. (FAC, 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 gen...
2023.06.27 Motion to Vacate Defaults 867
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.06.27
Excerpt: ... Engineering, lnc„ and Northstar sought to overcharge him for repairs made after Singh or one of his vehicles damaged a building. After the court granted a motion for judgment on the pleadings, Singh filed a First Amended Complaint ("FAC") on October 15, 2021. Singh was representing himself and purportedly also representing SB Trucking. The parties appeared for a Case Management Conference on October 25, 2022. According to the minute order from...
2023.06.27 Demurrer 726
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.06.27
Excerpt: ...) On December 11, 1997, Mr. Searle, as trustee of the Searle Family Trust, filed a complaint against Udi Fishman for quiet title, reformation, damages and injunctive relief because Mr. Fishman barricaded a road known as "Radio Road" to prevent Mr. Searle from use of the road, in Searle v. Fishman, etal. (Super. Ct. Santa Clara County, 1997, No. CV770743). (See Pl.'s opposition to demurrer to SAC, p.2:12-16.) In the Court's prior order regarding t...
2023.06.22 Motion for Summary Adjudication 833
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.06.22
Excerpt: ...ther for 11 years. (FACC at 6.) As the relationship progressed, Lim repeatedly communicated that Chan would be his "forever spouse" and that he did not want her to work. (Ibid.) He proposed to her that she not work and that he would take care of her. (Ibid.) Specifically, Lim communicated whatever assets he owned and received would also equally belong to Chan. (Ibid.) Chan agreed. (Ibid.) The parties' agreement included the following: (1) Lim pai...
2023.06.20 Motion to Compel Further Responses 345
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.06.20
Excerpt: ...hey are the true owners of the real property known as Birch Property that is subject to this action. (See id. at 8-10.) Plaintiffs allege that they purchased Birch Property in 2007 under the name of Abraham Oseguera's sister, Defendant Maria Oseguera. The title to Birch Property was in her name. (See id. at '1 15-16). There were specific conversations between Defendant Ivan Caballero and Plaintiff Abraham Oseguera on April 20, 2020, where Plainti...
2023.06.20 Motion for Attorney Fees 605
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.06.20
Excerpt: ... relatively junior attorneys are not reasonable; and (4) Plaintiffs overstaffed the case causing excessive fees to be incurred. ANALYSIS Civil Code S 1717 permits the party prevailing on the contract to recover "reasonable attorneys fees." Defendants claim that Plaintiffs' claim of $731,380 in attorney fees is unreasonable and should be reduced for four reasons. Each reason is addressed in turn. 1. Whether the Fee Agreement Allows for Prelitigati...
2023.06.15 Motion to Seal Records, for Summary Judgment 793
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.06.15
Excerpt: ...censed physicians. (See complaint, GN-I at '1 1.) Defendants were negligent in their treatment of Plaintiff, who sustained damage as a result of the Defendants' improper treatment of a dislocated toe which later had to be amputated. (ld., at '1 2.) Defendants were the proximate cause of damages to Plaintiff. (ld., GN-I.) Plaintiff has suffered and continues to suffer pain, emotional distress, anxiety, depression, an inability to work at full capa...
2023.06.15 Motion for Summary Judgment 756
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.06.15
Excerpt: ...breach of contract. The contract in question is a commercial lease (the "Lease") for approximately 39,700 square feet of the subject property, approximately 23% of the building. A copy of the Lease is attached to the complaint as Exhibit A. The complaint alleges that Defendant breached the Lease by not paying rent for the full term—i.e., through October 31, 2022. Instead, Defendant allegedly "vacated and abandoned" the rented portion of the sub...
2023.06.15 Demurrer 514
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.06.15
Excerpt: ... Plaintiff went to the Restaurant, a place of public accommodation and a business establishment, intending to "avail himself of its goods, services, privileges or advantages" but also "motivated in part to determine if the Defendant complies with the disability access laws." (Compl., 8, 9.) Plaintiff qualifies as a "high- frequency litigant as defined by [Code of Civil Procedure section] 425.50[, subdivision] [He] is an ADA advocate and tester as...

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