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2023.11.02 Motion for Summary Judgment 696
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2023.11.02
Excerpt: ...Jerry Ivy Sr. and Deborah Ivy, Plaintiff's parents, reside in Santa Clara County. Defendant Edward lw, Plaintiff's brother, resides in Contra Costa County. Plaintiff's original Complaint was filed on November 17, 2020. Defendants initially brought a demurrer against this complaint, but this was rendered mint when the operative First Amended Complaint ("FAC") was filed on May 18, 2021. The FAC originally stated 13 causes of action against all Defe...
2023.10.31 Motion for Summary Judgment, Adjudication 230
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2023.10.31
Excerpt: ...led to prov-de timely notice of Chau's claim under the insurance policy. Formation8 and Arch have now filed dispositive motions against each other. For the reasons that follow, the court GRANTS in part and DENIES in part Formation8's motion for summary adjudication, DENIES Arch's moton for summary judgment, and GRANTS in part and DENIES in part Arch's motion for summary adjudication. l. BACKGROUND A. The Policies Formation8 was the named insured ...
2023.10.26 Motions to Strike 326
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2023.10.26
Excerpt: ...for legal services between Ari Law and that client. (Complaint, 10.) Defendants' defamatory statements included statements about the quality of Ari Law's legal work and billing practices, which allegedly caused the former client not to pay Ari Law for services rendered. (ld. at '1 11.) On June 13, 2023, Affeld and David W. Affeld, APC filed a special moton to strike the complaint under Code of Civil Procedure section 425.16, also known as an "ant...
2023.10.26 Motions to Compel Answers 894
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2023.10.26
Excerpt: ...irst. 1. Requests for Admissions / Form Interrogatory No. 17.1 C.N.'s requests for admissions focus on whether Stewart was a mandated reporter from 2CM to 2004 (Nos. 1-4) and whether Stewart contacted law enforcement or child protective services regarding "John Zoe," C.N.'s abuser (No. 5). This information is discoverable and is not shielded from disclosure by the Fifth Amendment privilege against self-incrimination, as the court finds that there...
2023.10.26 Motion to Compel Arbitration 215
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2023.10.26
Excerpt: ...ues that the inclusion of AAA renders the arbitration provision unconscionable, because AAA does not guarantee him the right to conduct discovery. The court finds Robertson's position to devoid of merit and GRANTS the motion to compel. The party challenging a contractual arbitration provision bears the burden of proving that it is both procedurally and substantively unconscionable. (OTO, LL.C. v. Kho (2019) 8 Cal.5th 111, 126.) This may be done o...
2023.10.26 Motion for Summary Judgment, Adjudication 792
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2023.10.26
Excerpt: ...nd a Virginia corporation) by DLSE to enforce judgments for unpaid wages obta-ned by former CMS employees. This case was consolidated with Case No. 20CV269589, a lawsuit originally filed in Placer County and later transferred to this county, on July 7, 2020. The original complaint in this action was filed on June 13, 2019. A First Amended Complaint ("FAC") was filed on December 6, 2019. A Second Amended Complaint ("SAC") was filed on July 7, 2020...
2023.10.26 Demurrer 778
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2023.10.26
Excerpt: ...parent amount of $58,237.41. Attached to the complaint as Exhibit A is a copy of a December 14, 2020 offer of employment letter from LoanDepot to Chen, signed by Chen (only). Paragraph 8 of the letter states: Agreements and Policies. This offer is contingent upon all agreements being acknowledged and agreed upon via the companvs HRIS tool, Workday, prior to your first day of employment. Agreements could include: Arbitration Agreement, Employee Co...
2023.10.24 Motions to Quash, for Monetary Sanctions 459
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2023.10.24
Excerpt: ... the Managing Director of Investments at the David and Lucile Packard Foundation, and Robert F. Wallace, who is the Chief Executive Officer of the Stanford Management Company. Wallace and the Board of Trustees of the Leland Stanford Junior University have filed a joinder in Defendants' motion to quash the subpoena to Wallace. Because the court finds that plaintiff John l. Malik has failed to show either: (1) that the requested discovery is releva...
2023.10.24 Motion for Summary Judgment 881
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2023.10.24
Excerpt: ..."von Kaenel"); (3) defendant Alexa Andrea Ingram-Cauchi (erroneously sued as Alexa Andrea Ingram-Cuachi) as Trustee of the Old Santa Cruz Revocable Trust dated January 13, 2015 ("Ingram-Cauchi"); and (4) defendant Anthony Dariano ("Dariano"). Plaintiffs filed their initial complaint on May 24, 2017 to quiet title and prevent interference with an easement that runs from their property through land that they sold. Plaintiffs filed a second amended ...
2023.10.24 Motion for Leave to Amend Complaint 915
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2023.10.24
Excerpt: ...it. OTO opposes, arguing that the new pleading is tantamount to filing a new lawsuit, because it presents six new causes of action, a drastic change in this nearly two-year-old case. OTO also argues that the addition of the proposed sixth cause of action for intentional and/or negligent infliction of emotional distress would be futile, because it is time-barred and fails to state sufficient facts to constitute a cause of action. Having closely co...
2023.10.19 Motion for Terminating Sanctions 735
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2023.10.19
Excerpt: ...yed the court's prior order and have not provided necessary discovery, the City has not shown that a terminating sanction is the appropriate remedy here, given its failure to seek issue sanctons and failure to seek an order deeming admitted its requests for admissions. 1. Recent Procedural History The City filed this motion on January 18, 2023, with an original hearing date of May 9, 2023. At a case management conference on April 11, 2023, after ...
2023.10.17 Motion for Attorney Fees 758
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2023.10.17
Excerpt: ...on, and that the amounts he seeks are excessive. Having reviewed the parties' submissions, as well as prior orders of the court in this case (of which the court takes judicial notice under Evidence Ctxle section 452, subdivision (d)), the court GRANTS the motion in part and DENIES it in part. 2 The court awards attorney's fees in the amount of $56,702.00, as well as costs in the amount of $3,932.76, for a total of $ü634.76. 1. Timeliness GM argu...
2023.10.17 Motion for Reconsideration, Demurrer, Motion to Strike 317
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2023.10.17
Excerpt: ...otes that notice dæs not ap#ar to be proper for the motion for reconsideration. Although there is a prtnf of service dated July 20, 2023 in the file, indicating service of the "motion to reconsider" on Berman by Pomogaibo's husband, Sergey Firsov, there is no amended notice of the October 17, 2023 hearing, as required by the court's læal rule. As a result, the court has no way of knowing whether Berman received notice of the hearing date. In ad...
2023.10.12 Motion to Enforce Judgments 792
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2023.10.12
Excerpt: ... corporation) to enforce judgments for unpaid wages obtained by former CMS employees. The Virginia entity is hereinafter referred to as "PEW Based on the operative third amended complaint ("TAC"), DLSE brought a motion for summary judgment or summary adjudication, which was heard on July 6, 2023. In a formal order issued that same day, the court denied summary judgment but granted summary adjudication to DLSE as to the first and fourth causes of ...
2023.10.12 Motion to Compel Compliance with Discovery Order 696
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2023.10.12
Excerpt: ... to show the profits that they earned— either directly or through trusts that they own—from the "AC Master Franchise," and that this information is needed in order for him to calculate and prove damages in this case. Plaintiff notes that Judge Kirwan's order specifically found that "the profits earned by Defendants (and/or entities they own and control) from the AC Master Franchise" are "directly relevant to Plaintiff's damages claims." (Sept...
2023.10.12 Motion Amend Stipulated Protective Order 683
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2023.10.12
Excerpt: ...the parties' submissions, including the proposed protective order and protocol, and now rules on the disputed provisions as follows: • Paragraph 3: The proposed amendment to this paragraph of the protective order creates an "outside counsel only" tier of protection for the most highly confidential information. As a general matter, the court has no problem with the creation of an "attorneys' eyes only"- level tier in the protective order, as suc...
2023.10.10 Motion to Vacate Dismissal, for Reconsideration 559
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2023.10.10
Excerpt: ...e May 23 hearing, the court noted that Wormley's counsel's declaration in support of the moton to vacate (Declaration of Patrick Khalil) was inadequate, because it did not provide enough information about an alleged calendaring error that led to his multiple failures to appear, and was also not delivered under oath, as required by Code of Civil Procedure section 473, subdivision (b). Nevertheless, the court also stated that it would grant the mot...
2023.10.10 Motion for Summary Judgment 233
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2023.10.10
Excerpt: ...19. It states four causes of action: (1) Breach of Contract (the insurance policy, alleged against State Farm only); (2) Breach of the Implied Covenant of Good Faith and Fair Dealing (insurance bad faith, alleged against State Farm only); (3) Negligence (against all defendants); and (4) Unfair Business Practices (against all defendants). While the specific policy for the subject pro#rty is mentioned in the complaint, there are no attached exhibit...
2023.10.10 Motion for Attorney Fees 817
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2023.10.10
Excerpt: ... does not dispute the costs amount, but it challenges the fees amount as excessive, particularly given that this case was filed as a limited civil action, and Xia's eventual monetary recovery was only $223.00. Defendant also questions whether Xia should be considered the prevailing party at all. Having reviewed the parties' submissions, as well as Judge Rosen's statement of decision, the court GRANTS Xia's motion in large part and DENIES it in sm...
2023.10.05 Motions to Compel Arbitration 480
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2023.10.05
Excerpt: ...ecton 1281.2, until resolution of the plaintiffs' claims against SFM and Sterling DAF. 1. Background According to the plaintiffs, "[t]his case is about a defective estate planning vehicle ... that was supposedly designed to allow plaintiff Joseph Wong ... to transfer assets into a charitable donor's fund which he could manage for growth and utilize in advertised beneficial ways while getting a tax deduction." (Opposition to Sterling Foundation Ma...
2023.10.05 Motion to Transfer 319
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2023.10.05
Excerpt: ...s, arguing that venue is proper in either Santa Clara County or Tulare County. The court finds this motion to be somewhat vexing, because neither side appears to have presented a full picture of the relevant circumstances that would allow the court to make a knowledgeable decision on the question presented. The court believes that key pieces of information are missing. Because the burden of proof is ultimately on the moving party, the court finds...
2023.10.05 Demurrer to FAC 768
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2023.10.05
Excerpt: ...crimination, Harassment, and Retaliation (in violation of the FEHA). Balon sought punitive damages in relation to all four causes of action. Balon's original complaint alleged that he was hired by Intel on November 4, 2014 and was a vice president. He was terminated on August 18, 2020, when he was 51 years old. Prior to his termination, Plaintiff had no record of discipline and had received positive performance reviews. The complaint alleged that...
2023.10.03 Demurrer 140
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2023.10.03
Excerpt: ...h of Fiduciary Duty; and 4. Judicial Dissolution of LLC Pursuant to Cal. Corp. Code S 17707.03. According to the complaint, Patton and Sandman jointly own real property through Sandpatt, LLC. (Complaint, 1-3.) In 1999, Sandpatt, LLC formed with the sole business of acquiring and operating the Property. (ld. at 9-10.) Patton was a 40% owner and manager of Sandpatt, LLC, while Sandman was a 60% owner and manager of Sandpatt, LLC. (ld. at 11-12.) Th...
2023.09.28 Motion to Consolidate 621
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2023.09.28
Excerpt: ...any common issues of law and fact, as well as many common parties. What GBR has not shown, however, is how consolidation at this exceedingly late stage of the proceedings—after three of the four cases have already been appealed, two of the four cases are still on appeal, and one of the cases is on remand from the Court of Appeal—will conserve any resources or help avoid any inconsistent outcomes. Even more critically, GBR has not shown that c...
2023.09.28 Motion to Compel Compliance, Further Responses 844
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2023.09.28
Excerpt: ...and six form interrogatories. The court GRANTS Stanford's motion, and the court GRANTS in part and DENIES in part the Meyers' motion. 1. Stanford's Motion to Compel Compliance (the "Mirror Drive") The court finds that the Meyers agreed to priNluce the "mirror drive" of Katie's laptop in responses verified under oath by both of them (on March 10, 2023) and then backtracked on this agreement, including expressly serving "amended" responses (on June...

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