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2024.05.30 Motion to Stay Proceedings, for Judgment on the Pleadings 130
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.05.30
Excerpt: ...��FAC”) filed by Plaintiff. I. Background A. Factual According to allegations in the FAC, Plaintiff, who is currently 34 years old, was a student at Jeanne Meadows Elementary School (“Jeanne Meadows”) located in Santa Clara County. (FAC, ¶¶ 4, 11.) Jeanne Meadows was an agent of Def endant, a public entity and school district. (FAC, ¶¶ 17 -18.) Defendant employed Dikran Missak Daderian (“Daderian,”) a then Jeanne Meadows substitute...
2024.05.30 Motion to Compel Arbitration, for Stay 685
Location: Santa Clara
Judge: Adams, Charles F
Hearing Date: 2024.05.30
Excerpt: ... allegat ions of the operative complaint (“Complaint”), Plaintiff was employed by Defendant as a janitor, an hourly -paid, non -exempt position, from approximately March 2023 through June 2023. (Complaint, ¶ 17.) She alleges that Defendant committed various Labor C ode violations, including: requiring Plaintiff and the class members to work off -the -clock without compensation; failing to properly pay minimum wages, straight time/regular rat...
2024.05.30 Motion for Summary Judgment, Adjudication 892
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.05.30
Excerpt: ... (“FPC”) enter ed a written subcontract agreement (“Subcontract”) in which Plaintiff agreed to provide construction labor, materials, and services relating to construction of Silvery Towers located at 188 W. St. James Street in San Jose including, but not limited to, furnishing and installing structural steel and miscellaneous metal work (“Project”). (First Amended Complaint (“FAC”), ¶¶10 and 18.) FPC agreed to pay Plaintiff the...
2024.05.30 Motion for Summary Judgment, Adjudication 156
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.05.30
Excerpt: ...Beau for the purchase of renewa ble energy generated by a solar photovoltaic electricity generating facility (“the Facility”) constructed, owned, and operated by BigBeau (“the Project”). (Complaint (“Compl.”), ¶¶ 1, 19.) Plaintiffs negotiated with EDF Renewable Development (a parent com pany of BigBeau) regarding the terms and conditions of the Project. (Compl., ¶ 18.) On October 25, 2018, Defendant executed renewable energy purcha...
2024.05.30 Motion for Judgment on the Pleadings 640
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.05.30
Excerpt: ...ool year, defendant K ip Glazer was MVHS's principal. (Complaint, ¶ 6.) For the fifth issue of that school year's edition of The Oracle, the students chose to write, edit, and publish an in -depth article about a culture of sexual harassment at MVHS (the “Article”). (Complaint , ¶ 12.) On March 24, 2023, MVHS Assistant Principal John Robell called Gomez and expressed concern regarding a student who might be named in the Article as a serial...
2024.05.30 Motion for Final Approval of Settlement 032
Location: Santa Clara
Judge: Adams, Charles F
Hearing Date: 2024.05.30
Excerpt: ...remiums, and failed to provide codecomplaint wage statements, among other Labor Code violations. Now before the Court is Plaintiff's motion for final approval of settlement, which is unopposed. As discussed below, the Court GRANTS Plaintiff's motion. I. BACKGROUND Pla intiff was employed as a general laborer by Defendants, a non -exempt, hourly position, from December 28, 2018 through March 9, 2021. He initiated this action with the filing of t...
2024.05.30 Demurrer, Motion to Strike 532
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.05.30
Excerpt: ...ten warranty contract with GM. Escovar also alleges that the vehicle suffered from transmission, suspension, and electrical defects. Escovar filed her original complaint on April 11, 2023. She filed the operative first amended complaint (“FAC”) on October 11, 2023. The FAC s tates five causes of action: (1) Violation of Civil Code section 1793.2, subdivision (d); (2) Violation of Civil Code section 1793.2, subdivision (b); (3) Violation o...
2024.05.30 Demurrer 776
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.05.30
Excerpt: ...perty (now along with he r husband).8 (Complaint, ¶ 4.) Plaintiff contends he owns the remaining 50% interest in the Property, and Defendant asserts that he owns the same 50% interest. (Complaint, ¶ 3.) Sometime prior to 2006, Plaintiff purchased the Property for $300,000. ( Complaint, ¶ 9.) On January 6, 2006, Plaintiff Trung agreed to a family transfer of the Property to his sister Trinh and brother, Defendant Linh, as joint tenants. (Compla...
2024.05.30 Demurrer 745
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2024.05.30
Excerpt: ... for a one -y ear loan of $200,000.00 by mortgaging his property located at 3005 Silver Creek Road, Unit 126, San Jose (“Property”). Because the value of the Property was greater than the loan amount, Mr. Chuen recommended the loan to Plaintiff, and upon her agreement, he was hired to handle the arrangement on her behalf. (Complaint, ¶ 7.) Mr. Chuen and Mr. Vuong agreed to an 8% annual interest rate, which translated to a monthly interest pa...
2024.05.30 Demurrer 514
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.05.30
Excerpt: ...iselle, as well as against Anjelene Manzanares (“Anjelene”), Randy Manzanares (“Randy”), KSS Investment, LLC, Essex Property Trust, Inc., Essex Property Corp. (collectively, “Defendants”), and Does 1 -100. The complaint alleges that Anjelene and/or Randy own the car that Gis elle was driving. (Complaint, ¶ 15.) The complaint asserts the following causes of action: 1) Motor Vehicle Negligence (against Giselle); 2) Negligent Entrustmen...
2024.05.30 Demurrer 249
Location: Santa Clara
Judge: Adams, Charles F
Hearing Date: 2024.05.30
Excerpt: ...ssed below, the Court SU STAINS the demurrer as to the first, fifth and sixth causes of action WITH 20 DAYS' LEAVE TO AMEND. The Court OVERRULES the demurrer as to the Complaint and remaining claims asserted therein. I. BACKGROUND In 2014, Messrs. Rautner and Pollutro co -founded SDSE Networks, LLC (“SDSE”) and were its sole owners and managing partners. SDSE is in the business of securing electronic communications and data, and represents ...
2024.05.30 Motion to Dismiss on Grounds of Forum Non Conveniens 413
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2024.05.30
Excerpt: ... matter and personal jurisdi ction over the action. (CCP § 418.10(a).) Should the court find that it is “in the interest of substantial justice” that an action filed in California should be heard elsewhere, it may stay or dismiss the action. (CCP § 410.30(a).)1 The defendant bears the burden of proof on a motion for forum non conveniens. (Stangvik v. Shiley Inc. (1991) 54 Cal.3d 744, 751 (“Stangvik”.) The adjudication of the motion is...
2024.05.28 Motion for Summary Judgment, Adjudication 466
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.05.28
Excerpt: ...g his motorcycle on Air port Boulevard in San Jose, California. (Complaint, pp. 5- 6.) Specifically, while attempting to avoid a vehicular collision, Plaintiff struck a shuttle bus, partially severing his finger. (Complaint, p. 5.) During the accident, the condition of the subject road was allegedly “slick and dangerous,” rendering it unsafe. (Complaint, p. 6.) Plaintiff was subsequently transported to Santa Clara Valley Medical Center (“...
2024.05.28 Demurrer 748
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.05.28
Excerpt: ...ut off while in use, defects which cause the screens to lag, and defects which cause the screens to reboot while driving.” (Complaint, ¶ 7.) The complaint, filed on October 19, 2023, states twelve causes of action: (1) Breach of the Implied Warranty of Merchantability (Civ. C ode, § 1794); (2) Breach of the Implied Warranty of Fitness (Civ. Code, § 1794); (3) Breach of Express Warranty (Civ. Code, § 1794); (4) Failure to Promptly Repurchas...
2024.05.28 Demurrer 883
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.05.28
Excerpt: ...rcle in San Jose (the “Property ”). (TAC, p. 2, ¶ 4.1) Plaintiff and h er son moved into the Prop erty i n Dec emb er 2019. (TAC, p. 3, ¶ 8.2) The monthly rental expense was $3,060. (TAC, p. 3, ¶ 9.) From the outset, Plaintiff encountered severe issues that disrupted her ability to live and reside there peacefully. (TAC, p. 3, ¶ 10.) The rental unit had unsanitary conditions and an infestation of rodents. (Ibid.) The power outlets in the ...
2024.05.28 Motion for Summary Judgment 740
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.05.28
Excerpt: ...o Alto Police Depa rtment (“PAPD”), assigned to various divisions within PAPD. (Third Amended Complaint (“TAC”), ¶¶1 – 6 and 18.) Beginning in or around June 2020, defendant City of Palo Alto (“City”) officials sought out, encouraged, and paid artists to paint sixteen letter s on defendant City property that spelled out “Black Lives Matter” (“Mural”). (TAC, ¶¶19 – 20.) City manager, Ed Shikada, admits “the creation o...
2024.05.28 Motion to Strike 297
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.05.28
Excerpt: ...es. Acco rding to the SAC, Plaintiff went to the Burke Williams day spa in San Jose for her reserved facial on July 8th. (SAC, ¶ 13.) Using the women's locker room, Plaintiff removed all her clothing and put on a robe that was provided in the locker. (SAC, ¶ 15.) W hile waiting for her facial, Plaintiff confided with others that she had had a few alcoholic drinks at lunch and was ready to relax. (SAC, ¶ 16.) Once in the designated room, Plain...
2024.05.28 Motion to Compel Deposition of PMQ, for Sanctions 240
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.05.28
Excerpt: ...iff therefore did not have at the time of the initial deposition. Plaintiff also asserts that it needs to ask Defendant's PMQ about the development of Cloudknox's technology —topics 5 -9, 11 and 12. Plaintiff's argument for why it did not ask questions on topics 5 -9 and 11 -12 ea rlier is because two of the witnesses it seeks to ask about, though represented by Defendant's counsel, only produced a few documents such that Plaintiff needs to get...
2024.05.28 Motion to Compel Responses, for Sanctions 017
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.05.28
Excerpt: ...plied's allegations of theft. For example, Interrogatory No. 49 asks, “Identify the number of part number 0010 -56201 YOU have manufactured since 2013.” As there are apparently 34 individual parts at issue between the parties, the remaining 33 interrogatories request the same i nformation about additional part numbers. CAET argues that this information is needed in order to defend against Applied's allegation that CAET either knew or should h...
2024.05.28 Motion to Dismiss, Stay, or Consolidate Action 384
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.05.28
Excerpt: ...omplaint, ¶ 12 .) James and Ann maintained and periodically revised a revocable living trust since approximately 1981. The last revision was in August of 2018, leaving equal shares to their children. (“2018 Trust”). (Id., ¶ 15.) In preparing the 2018 Trust, James learned Ann had been gifting large sums of money to their daughter and others without his knowledge and consent. James confronted Anne about these gifts and asked her to cease doin...
2024.05.28 Motion to Strike Answer 200
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.05.28
Excerpt: ... a request for entr y of default the next day, on February 6, but the filing was rejected by the clerk's office because it listed the wrong filing date for the complaint and was incomplete. The Kubons tried again on February 13; on the same day, Guancione filed a verified an swer. The clerk's office allowed the answer to be filed and rejected the request for entry of default on the ground that an answer had been filed. The Kubons tried yet ...
2024.05.28 Motions to Compel Responses, for Monetary Sanctions 371
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2024.05.28
Excerpt: ...efore the initial hearing date o f 4/16/2024. Unless otherwise provided by law, all moving papers shall be served and filed at least 16 court days before the hearing. (Cal. Code Civ. Proc. (“CCP”) § 1005(b).) A “court day” for purposes of CCP section 1005 is any day where the court is no t closed due to a judicial holiday. (CCP § 133, 134, Cal. Gov. Code § 6701.) Here, Plaintiff electronically served Defendant with Motion #1 on 3/28/2...
2024.05.23 Motion for Preliminary Approval of Settlement 821
Location: Santa Clara
Judge: Adams, Charles F
Hearing Date: 2024.05.23
Excerpt: ... through vari ous treatments and surgical procedures, committed various Labor Code violations. Before the Court is Plaintiff's motion for preliminary approval of settlement, which is unopposed. As discussed below, Plaintiff's counsel must provide a supplemental declara tion to the Court with the requested information to enable it to make a ruling on this motion. I. BACKGROUND According to the allegations of the operative class complaint (“Class...
2024.05.23 Demurrer 913
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.05.23
Excerpt: ...Road in Sunnyvale (“Property”). (Complaint, ¶4.) A fourth owner, LeeNette Merino, is not a party to this action. (Id.) Each co -owner owns 25% of the Property. (Id.) Plaintiff Kim acquired her interest from Nanor Balabanian. (Id.) On or about May 14, 2018, Merino, LeeNette Mer ino, Donkor, and Balabanian purchased the Property. (Complaint, ¶1.)17 As part of this purchase, the parties entered a Tenancy in Common Agreement (“Agreement”) o...
2024.05.23 Demurrer to FAC 371
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2024.05.23
Excerpt: ...Operating on the assumption that Ms. Tang was incapacitated, defendant Ge called 911.1 (Ibid.) Thereafter, when Ms. Tang asserted claims related to rent and deposit, defendant Ge engaged her in conversation and persuaded her to file charges an d a malicious prosecution criminal case against Plaintiff. (Ibid.) Defendant Ge also provided false statements to police to assist Ms. Tang's malicious prosecution. (Ibid.) The criminal case was filed on ...
2024.05.23 Motion for Final Approval of Settlement 617
Location: Santa Clara
Judge: Adams, Charles F
Hearing Date: 2024.05.23
Excerpt: ...s who pay their worke rs with a daily lump sum, all of which violates of California law. Before the Court is Plaintiffs' motion for final approval of settlement, which is unopposed. As discussed below, the Court GRANTS the motion. I. BACKGROUND Plaintiffs allege that Allied i s a New Jersey -based company that remodels hotels throughout the United States, including in California. It does so by recruiting unlicensed subcontractors who in turn rec...
2024.05.23 Motion for Leave to File SAC, to Quash 612
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.05.23
Excerpt: ...h is an informa tion technology services company headquartered in San Jose. (FAC, ¶ 10.) Plaintiff Jai Kumar alleges he was hired in November 2013 and held various positions in the company over the following six years until he was terminated in December 2019. (FAC, ¶¶ 10, 11.) According to Plaintiff, Jade Global, among other things, wrongfully demanded that he not discuss concerns about his compensation with other employees on the grounds that...
2024.05.23 Motion for Preliminary Approval of Class and Represetative Action Settlement 281
Location: Santa Clara
Judge: Adams, Charles F
Hearing Date: 2024.05.23
Excerpt: ...de violations. Before the Court is Plaintiff's motion for preliminary approval of class and representative action settlement, which is unopposed. As discussed below, the Court GRANTS the motion. I. BACKGROUND According to the allegations of the operative First Amended Complaint (“FAC”), Plaintiff was employed by Defendants as a Nurse Practitioner at a CareNow Urgent Care in Milpitas from June 2020 to July 2021. (FAC, ¶ 12.) She alleges that ...
2024.05.23 Motion to Tax Costs 023
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.05.23
Excerpt: ... $2,206.24), plus an additional $240 in costs and $1200 in fees related to this motion, for a total of $3,464.24. (Decl. of Nahal). Plaintiff objects arguing (1) Defendant is not the prevailing party as the case is ongoing and that the case was dismissed here on a proce dural or jurisdictional ground, not on a substantive basis; and (2) in any event attorney fees under CCP 1717.5 are not allowed at this point since it has not yet been determined ...
2024.05.23 Motion for Summary Adjudication 229
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.05.23
Excerpt: ...ual benefit corpor ation that governs land in San Jose that is the subject of this action. (First Amended Complaint (“FAC”), ¶¶3 and 6.) Plaintiff Brian Bumb (“Brian”)20 and defendant Timothy Bumb (“Tim”) are co -managers of defendant T&B Management Group LLC (“T&B”). (FAC, ¶ ¶2 and 4.) At the time of the filing of the original complaint, T&B was the manager of plaintiffs First Street Holdings, LLC (“FSH”); S.J. Bayshore...
2024.05.23 Motion for Summary Adjudication 411
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.05.23
Excerpt: ...tes two causes of action: (1) Premises Liability, and (2) General Negligence. As the City is a public entity, the only portion of the first cause of action that states a valid claim is “Count 3 – Dangerous Condition of Public Property.”2 The second cause of action for general negligence fails as a matter of law: “Under the Government Claims Act (Gov. Code, § 810 et seq.), there is no common law tort liability for public entities in Cali...
2024.05.23 Motion for Summary Judgment 126
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.05.23
Excerpt: ...amali's spo use. (FAC, ¶ 2.) Rita Lechleitner, M.D., was employed by defendant Palo Alto Foundation Medical Group, Inc. (erroneously sued as Palo Alto Medical Foundation Group, Inc.; hereafter, “PAFMG”). (FAC, ¶ 3.) On September 13, 2021, Dr. Lechleitner performed gallbladder surgery on Kamali at defendant Good Samaritan Hospital (sued as Good Samaritan Hospital, a Public Benefit Corporation, and Good Samaritan Hospital, Limited Partnershi...
2024.05.23 Motion to Compel Answers 240
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.05.23
Excerpt: ...“GCS”), th e court ordered four additional hours of deposition testimony, to be allocated as De Luna saw fit between the PMQ deposition of GCS and a deposition in San Filippo's personal capacity.3 De Luna now moves to compel answers to specific questions from San Fi lippo. The court grants in part and denies in part this motion, as well. First, with respect to questions pertaining to GCS's document collection efforts, the court notes that a...
2024.05.23 Motion to Compel Further Responses 376
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2024.05.23
Excerpt: ...t was served by email or electronic service to the attorney of record for Plaintiff (Sidney C. Flores) on 2/20/24. (See Ex. A to Decl. of Seth W. Weiner filed 4/22/2024.) Plaintiff substituted himself in pro per on 4/4/2024. (See Substitution of Attorney— Civil (Without Court Order) filed herein on 4/4/2024.) Plaintiff's motion to compel asserts that he received Defendant's answers from his prior attorney on 3/1/2024 and asks the court to com...
2024.05.23 Motion to Compel Further Responses 832
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.05.23
Excerpt: ...erminated on June 20, 2020. (First Amended Complaint (“FAC,”) ¶ 15.) On June 19, 2019, while performing his work -related duties, including cutting tile, Plaintiff injured his left thumb. (FAC, ¶ 23.) The next day, Plaintiff informed Defendant about his work- related injury. (Ibid.) Defendant's owner told Plaintiff that he could not report to work with his injuries. (Ibid.) A year later, on June 20, 2020, Defendant informed Plaintiff that h...
2024.05.23 Motion to Quash Service of Summons 836
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.05.23
Excerpt: ... and … unlawful pr actices of defendant Hefei Reliance Memory Ltd. (“Reliance Memory PRC”), Reliance Memory Inc. (“Reliance Memory US”), Hefei Ruibo Enterprise Consulting Management LP (“HRECM”) (collectively, Reliance Memory PRC, Reliance Memory US, and HRECM are hereafter referred to as the “Company”), and Zhichao Lu (“Lu”) (collectively, defendants Company and Lu are hereafter referred to as “Defendants”).” (FAC, ¶...
2024.05.22 Petition for Writ of Mandate 565
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.05.22
Excerpt: ... (“Petitione r” or “District”) is a public agency that provides water service to landowners and water users within its boundaries for irrigation purposes. (See FAP at ¶¶ 1, 7.) Petitioner has historically relied upon, and continues to rely upon, water supplies from ex traction from the Well Field in carrying out its obligations under the Irrigation District Law and other authorities to furnish water to its landowners and water users for...
2024.05.22 Motion for Preliminary Approval of Settlement 706
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.05.22
Excerpt: ...inst defendants Service King, Inc. and Service King Paint & Body, LLC (collectively, “Defendants”) sets forth the following causes of action: (1) Minimum Wage Violations (Labor Code §§ 1182.12, 1194, 1194.2, 1197); (2) Failure To Pay All Overtime Wages (Labor Code §§ 204, 510, 558, 1194, 1198); (3) Rest Period Violations (Labor Code §§ 226.7, 516, 558); (4) Meal Period Violations (Labor Code §§ 226.7, 512, 558); (5) Waiting Time Penal...
2024.05.22 Motion for Approval of Settlement 492
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.05.22
Excerpt: ...nite Express, Inc. (“Defendant”), filed on April 12, 2022, sets forth the following causes of action: (1) (2) (3) (4) (5) (6) Failure to Pay Minimum Wages; Failure to Reimburse Business Expenses; Failure to Provide Accurate Itemized Wage Statements; Failure to Pay All Wage s Due Upon Separation of Employment; Violation of Business and Professions Code §§ 17200[] et seq.; and Enforcement of Labor Code § 2698 et seq. (“PAGA”) The partie...
2024.05.21 Demurrer 416
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.05.21
Excerpt: ...torial and buildi ng maintenance services. (Complaint, ¶ 3.) Joel Barrientos is employed by SBM as a supervisor at the jobsites where Plaintiffs worked. (Complaint, ¶ 4.) Meta Platforms, Inc. (“Meta”) is a Delaware corporation doing business as Facebook. (Complaint, ¶ 5.) Plaintiffs worked at Meta's campuses in Mountain View and Sunnyvale, and Meta controlled these job sites and had the authority to stop illegal activities occurring there....
2024.05.21 Demurrer, Motion to Strike 383
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2024.05.21
Excerpt: ...ermination of Plaintiff 's employment. According to the SAC, Plaintiff is a general electrician of Afghan origin and the Muslim faith. (SAC, ¶¶ 12 -13.) Plaintiff was hired in February 2021 and fired three months later in April 2021, at the age of 44. (SAC, ¶¶ 12 -14.) In October 2 021, Plaintiff was dispatched by his union to work for Redwood Electric, but he was not hired. (SAC, ¶ 14.) During his employment, Plaintiff's foreman, Jerry Lit...
2024.05.21 Demurrer 455
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.05.21
Excerpt: ...e at the Property. Plaintiff and Weirauch agreed that Plaintiff would help take care of the house and dogs; however, Plaintiff did not believe he was an employee. Plaintiff alleges there was no understanding that he would no longer be allowed to reside at the Property if Weirauch no longer wanted assistance with the dogs or house. On April 28, 2022, Weirauch texted Plaintiff that he needed to have his belongings out by Saturday. On April 30, 2022...
2024.05.21 Demurrer 570
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.05.21
Excerpt: ...R - Stor, Inc. (“R -Stor”) . (Complaint, ¶ 7.) Plaintiff did not release PacketFabric from liability under the Agreement. (Id., ¶ 8.) On or about April 1, 2023, Defendants PacketFabric and R -Stor (“Defendants”) placed an order with Plaintiff for software and services under the Agree ment for a price of $1,961,695.42. (Complaint, ¶ 9.) Plaintiff provided the software and services pursuant to the Agreement. (Id., ¶ 10.) Defendants made...
2024.05.21 Demurrer to FAC, Motion to Strike 303
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.05.21
Excerpt: ...plaint (“FAC”) on February 29, 2024. The FAC states four causes of action: (1) Breach of Contract (the “Marketplace Retailer Program Agreement”); (2) Breach of the Implied Covenant of Good Faith and Fair Dealing; (3) Negligence; and (4) Violation of the Unfair Competition Law (Bus. & Prof. Code, §§ 17200 et seq.). There are three exhibits attached to the FAC: Exhibit A is a copy of the terms and conditions of the “Marketplace Retailer...
2024.05.21 Demurrer 428
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.05.21
Excerpt: ..., Inc. (“PAFMG” ). (First Amended Complaint (“FAC”), ¶¶5 and 13.) Defendant Sutter Bay Medical Foundation (“Sutter”) was a joint employer of Dr. Wang along with defendant PAFMG. (FAC, ¶¶7 and 10.) Defendants Sutter and PAFMG (collectively, “Employers”) do business at the same address. (FAC, ¶10.) While defendant PAFMG paid. Wang, defendant Sutter also participated in the supervision of Dr. Wang's work schedule, duties, assign...
2024.05.21 Demurrer, Motion to Strike FAC 614
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2024.05.21
Excerpt: ...21, Plaintiff acquired a 2021 Chevrolet Bolt (“vehicle” or “subject vehicle”) for personal, family, and/or household purposes from Capitol Chevrolet, an authorized dealer and agent of GMC.1 (FAC at ¶ 6.) The vehicle was sold to Plaintiff with ex press warranties that the vehicle would be free from defects in materials, nonconformities, or workmanship during the applicable warranty period. (Id. at ¶ 12.) And, to the extent the vehicle ha...
2024.05.21 Motion for Leave to File SAC 587
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.05.21
Excerpt: ...r on Zhan's allegations that Tang defamed her by intentionally and maliciously mistranslating Zhan's emails from Chinese to English as part of the evidence submitted to the Santa Cruz County Superior Court in a civil harassment case. Tang is a lawyer who represents the party who is adverse to Zhan in that Santa Cruz County case. It appears that all of Zhan's allegations against Tang arise out of Tang's representation of that adverse party. 1. Mot...
2024.05.21 Motion for Protective Order, for Sanctions 444
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.05.21
Excerpt: ...il to discuss replacement of a shared good neighbor fence at the property line between the two properties. (FAC, ¶ 9.) The parties did not reach an agreement. (Id., ¶¶ 10 -14.) Defendants also parked vehicles by the curb in front of Plaintiffs' house, despite Plaintiffs' asking the m to stop. (Id., ¶¶ 16 -17.) In retaliation against Plaintiffs, Defendants filed three police reports making false allegations against Plaintiffs. (Id., ¶¶ 19,...
2024.05.21 Motion for Summary Judgment 447
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2024.05.21
Excerpt: ...ated at 2932 V anport Drive, San Jose, California (“Property”) in the Trust. (Complaint, ¶ 1.) Upon their father's death, on December 1, 2020, Alejandra, Gabriela, and Rafael Vergara entered the Agreement with their stepmother, Nancy Frederick, to distribute the Property in a manner that would result in Gabriela owning the property while still preserving the then -current property tax rate. (Complaint, Ex. A.) The Agreement required Defendan...
2024.05.21 Motion for Summary Judgment 455
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.05.21
Excerpt: ... Rasier -CA LLC; and Uber Technologies, Inc. (“Uber”) (collectively, “Defendants”) operated Defendants' vehicle in such negligent manner as to cause a collision between plaintiff Ashish Sagar's (“Plaintiff”) vehicle and Defendants' vehicle, all of which caused serious injuries to Plaintiff. (Complaint, ¶¶12 and 17.) On September 10, 2021, Plaintiff filed a complaint against Defendants asserting a single cause of action for negligen...
2024.05.21 Motion to Compel Arbitration and Stay Proceedings 028
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.05.21
Excerpt: ...money being tran sferred from their bank accounts. One bank returned the money, the other did not. This suit followed. The August 23, 2022 invoice includes the following language at page 3: Dispute Resolution. Both you and Cellular Sales agree that any and all disputes between us of any nature whatsoever including without limitation tort claims and regardless of whether based upon or arising out of this transaction will be governed by the Cellula...
2024.05.21 Motion for Attorney Fees 499
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.05.21
Excerpt: ...il Procedure s ection 425.16. Plaintiff however requests that this motion be stayed, or, if not stayed, the amount of fees sought ($18,540) be reduced. Defendant opposes the motion. II. Legal Standard and Analysis Anti -SLAPP fee awards should include expenses incurred fo r all proceedings “directly related” to the special motion to strike and fees “addressing matters with factual or legal issues that are ‘inextricably intertwined' with t...
2024.05.16 Motion for Summary Judgment, Adjudication 353
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.05.16
Excerpt: ... Court, rule 3.1308, the Court issues its tentative ruling. I. BACKGROUND A. Factual This action arises out of care rendered by Dr. Sung, a veterinarian at VCA, to Plaintiff's cat, “Kitty” (aka “Kimmy”). According to the Second Amended Complaint (“SAC”), Plaintiff brought her cat to VCA to be evaluated on October 17, 2018. (SAC, ¶ 15.) Dr. Sung's physical exam indicated that Kitty's gait and musculoskeletal structure were normal. (Id...
2024.05.16 Demurrer 155
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2024.05.16
Excerpt: ... (“County”) and other defendants. According to the complaint, on July 31, 2022, Plaintiff was diagnosed with kidney stones at defendant St. Louise Regional Hospital. (Complaint at ¶ 2.1) St. Louis Regional Hospital is operated by def endant Santa Clara Valley Health & Hospital System. (Id. at ¶ 3.) Santa Clara Valley Health & Hospital System is operated by the County. (Id. at ¶ 4.) On August 1, 2022, defendant Dr. Amir Saffarian (“Dr. Sa...
2024.05.16 Demurrer 390
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.05.16
Excerpt: ...ns of the FAC, on December 27, 19 61, the Benson Estate gifted “O'Connor Hospital” a ten percent interest in property located at 95 S. Market Street, San Jose, California (“the Property”) under a probated will. (FAC, ¶¶ 6 -7.) Around 1965, Plaintiff began managing the Property on behalf of beneficiaries of the Estate of Robert Francis Benson. (“Benson Estate”)1 (FAC, ¶ 1.) In July 1974, the Property owners entered into a “50 -ye...
2024.05.16 Demurrer, Motion to Strike 095
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2024.05.16
Excerpt: ... stay at the Hotel from on or around March 12, 2023 until March 25, 2023. (Id. at ¶ 29.) However, due to a s evere b ug i n festati on at th e Ho te l , th ey were forced to vacate on M arch 2 0 , 2 0 2 3 . ( I b i d .) Pl ai n ti ffs noticed the bed bug infestation and complained to Defendant's managers or employees about the uninhabitable conditions in their hotel room, Room 126, but the bed bugs were not abated. (Compl., ¶¶ 30, 32.) After m...
2024.05.16 Motion for Judgment on the Pleadings 624
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.05.16
Excerpt: ...pposin g the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 15 May 2024. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo --- Order On Defendant John Doe 1's Motion For Judgment On The Pleadings I. Statement of Facts. In approximately 1977, plaintiff Jane Doe D.L. (“Plaintiff”) was enrolled as a ninth grade student at Oak Grove High School operate...
2024.05.16 Motion for Leave to File Complaint 083
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.05.16
Excerpt: ...f the permissive claims against the other cross -defendants. The court finds that defendants have not adequately explained how the crosscomplaint's allegations against Ahedo are compulsory in nature. As the court understands it, Ahedo's allegations against defendants are b ased on a claim of failure to pay proper wages under the Labor Code: Ahedo contends that Omega misclassified him and therefore failed to pay him overtime, to pay him for meal...
2024.05.16 Motion for Summary Judgment 673
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.05.16
Excerpt: ...obert Killingsworth (collect ively, “Defendants”).2 Plaintiffs allege that Travelers had a duty to defend or indemnify them in six underlying actions, and that Defendants engaged in a conspiracy with several nonparties to prevent Plaintiffs from obtaining the contractual benefits und er its tenant's general commercial liability insurance policy. Travelers and Tancredy have now filed a motion for summary judgment addressing all of the remain...
2024.05.16 Motion for Summary Judgment, Adjudication 332
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.05.16
Excerpt: ... Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 15 May 2024. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo --- Order On Motion For Sum mary Judgment Or, Alternatively, Summary Adjudication, Against Plaintiffs Benito Hernandez And Monica Hernandez I. Statement of Facts. Plaintiffs Benito Hernandez, Monica Hernandez, and ...
2024.05.16 Motion to Stay Action 283
Location: Santa Clara
Judge: Adams, Charles F
Hearing Date: 2024.05.16
Excerpt: ...ay this action pendi ng resolution of the arbitration of Plaintiff's individual claims. As discussed below, the Court GRANTS Defendant's motion. I. BACKGROUND A. Factual According to the allegations of the operative Second Amended Complaint (“SAC”), Roadie is a company that provides delivery services throughout the country utilizing a crowdsourced delivery platform. (SAC, ¶ 10.) Plaintiff has worked for Roadie since June 2022 as a delivery d...
2024.05.16 Motion to Compel Compliance with Doc Requests for Further Responses, to Compel Further Responses 170
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.05.16
Excerpt: ...r damages of $513,976 .93 contained in AMS's cross-complaint. CHA has also requested monetary sanctions against AMS with respect to each motion. 1. The Documents Motion On the date that AMS's opposition to this motion was due, AMS apparently provided supplemental responses to the document requests and also produced “500+ pages” of documents. AMS now argues that this motion has been resolved and that no monetary sanctions should be awarded. In...
2024.05.16 Motion to Compel Responses, for Sanctions 101
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.05.16
Excerpt: ...FAs to respond; (2) INCIDENT was not defined specifically enough in the FIs; and (3) the RFP are not sufficiently limited in time; (4) RFP #9 asks for the private information of nonparty tenants, and Plaintiff refused to make modifications to the SIs in writing. In additi on, Defendants claim that Plaintiff's meet and confer efforts were insufficient and that the sanctions request does not comply with CCP §2023.040 and should be denied. Based...
2024.05.16 Motion to Stay Action 907
Location: Santa Clara
Judge: Adams, Charles F
Hearing Date: 2024.05.16
Excerpt: ...ded” the actual time wo rked, among other Labor Code violations. Before the Court is Acadia's motion to stay this action pending resolution of Patricia J. Ryan v. Mission Treatment Services, Inc., et al. in Los Angeles County Superior Court, Case No. 22STCV22280 (the “Ryan PAGA Action”), which is unopposed. I. BACKGROUND According to the allegations of the operative complaint (“Complaint”), Defendants required Plaintiff and aggrieved em...
2024.05.16 Motion to Strike 884
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.05.16
Excerpt: ...Stier's RV Center LLC dba Camping World RV Sales, and various Does. On November 27, 2023, Plaintiffs dismissed Heartland Recreational Vehicles LLC and filed a Doe amendment naming Forest River, Inc. (“Forest River”) as a defendant in place of “Doe 1.” Plaintiffs also filed the operative first amended complaint (“FAC”) on the same date. The FAC states eight causes of action: (1) Violation of the Song- Beverly Consumer Warranty Act (...
2024.05.16 Motions to Compel Deposition, for Protective Order 240
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.05.16
Excerpt: ...equest for a protective order to govern the conduct of De Luna's counsel, David Chun, at future depositions, as well as a request for $5,858.15 in sanctions against De Luna and Chun, based on their conduct at De Luna's December 18, 2023 deposition. On March 6, 2024, De Luna filed a motion for protective order to govern the conduct of GCS's counsel, Adam Khan, at future depositions. This motion included a request to compel further deposition test...
2024.05.16 Motions to Dismiss or Stay Proceedings for Forum Non Conveniens or to Stay Proceedings, for Leave to File FAC 568
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2024.05.16
Excerpt: ...efamation and emotional distress brought by plaintiff Shiue -Mei Kuo (“Kuo”) against defendants Chih -Ling Chou (“Chih -Ling”) and Sophia Chou (“Sophia”) (collectively, “Defendants”).2 According to the complaint, plaintiff Kuo, a resident of Taiwan , was employed as a professor at Mingshin University of Science and Technology, a private college also located in Taiwan. (Complaint at ¶¶ 1, 3.) Defendants are residents of Los Altos...
2024.05.16 Petition to Compel Arbitration and Stay Proceedings 000
Location: Santa Clara
Judge: Adams, Charles F
Hearing Date: 2024.05.16
Excerpt: ...h, Inc.'s (“Trucker Path” ) petition to compel arbitration and stay court proceedings; and (2) Roady's motion to stay. The latter motion is opposed, while the former is not. As discussed below, Trucker Path's motion to compel arbitration and stay court proceedings is MOOT. The Court GRANTS Roady's motion to stay. I. BACKGROUND A. Factual According to the allegations of the operative complaint (“Complaint”), Mudflap is the creator of a ne...
2024.05.16 Petitions to Confirm Arbitration Award, to Vacate Award 168
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.05.16
Excerpt: ...itted a unitary memoran dum of points and authorities in opposition to the petition to confirm and in support of their petition to vacate. As an initial matter, the court notes that this petition appears to have been filed in this court based on the erroneous belief that Menlo Pa rk— where the arbitration occurred —is in Santa Clara County. (Petition, ¶ 15.) Menlo Park is in San Mateo County. Nevertheless, Respondents have not objected to ...
2024.05.15 Demurrer to SAC 274
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.05.15
Excerpt: ...: Plaintiff Brittany Jackson alleges she moved into the property at 1426 W 25th Street in Los Angeles, CA, to care for her ailing grandmother, Katie Mae Hawkins. On November 9, 2022, Hawkins passed away. Plaintiff Sylvia Sheridan is the daughter and successo r in interest to decedent Hawkins. Plaintiff Jackson alleges she continued to pay rent after her grandmother's death. On December 1, 2022, Defendant(s) Hawkins Real Property Management, LLC a...
2024.05.15 Motion for Approval of Amended Settlement 771
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.05.15
Excerpt: ... operative First Amen ded Complaint (“FAC”) against defendants Grocery Delivery EServices USA, Inc. and Insperity Business Services, L.P. on March 18, 2020. The FAC sets forth the following causes of action: (1) Violation of 15 U.S.C. §§ 1681b(b)(2)(A) (FCRA); (2) Violation of 15 U.S.C. §§ 1681d(a)(1) and 1681g(c) (FCRA); (3) Failure to Provide Meal Periods (Lab. Code §§ 204, 223, 226.7, 512 and 1198); (4) Failure to Provide Rest Period...
2024.05.15 Motion for Final Approval of Settlement 238
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.05.15
Excerpt: ...orinthian Inter national Parking Services, Inc. (“Defendant”), alleging various Labor Code violations in 2015 (“Turner Action”). 1 On January 21, 2016, plaintiff Mykale Rocquemore (“Rocquemore”) filed a representative action against Defendant asserting a single claim for civil penalties under the Private Attorneys General Act of 2004 (“PAGA”) (“Rocquemore Action”). The PAGA claim is predicated on allegations that Defendant fa...
2024.05.15 Motion for Final Approval of Settlement 656
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.05.15
Excerpt: ...ember 14, 2021, s ets forth causes of action for: (1) Failure to Pay Minimum Wages; (2) Failure to Pay Overtime Compensation; (3) Failure to Provide Meal Periods; (4) Failure to Authorize and Permit Rest Breaks; (5) Failure to Indemnify Necessary Business Expenses; (6) Fail ure to Timely Pay Final Wages at Termination; (7) Failure to Provide Accurate Itemized Wage Statements; (8) Unfair Business Practices; and (8) Civil Penalties Under PAGA. The ...
2024.05.15 Motion for Preliminary Approval of Class and Representative Action Settlement 792
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.05.15
Excerpt: ...int”) against defe ndant Fortinet, Inc. (“Defendant”) on February 3, 2023.1 The Complaint alleged class claims for violations of the Labor Code and the Unfair Competition Law (“UCL”). On February 27, 2023, plaintiff Lucas Andrews (“Lucas”) filed a First Amended Complaint (“ FAC”) in this action, which alleged class claims for violations of the Labor Code and the UCL.2 On September 26, 2023, Lauren and Lucas (collectively, “Pl...
2024.05.15 Petition to Compel Arbitration 638
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.05.15
Excerpt: ...”) against defend ant Naftoon, Inc. (“Defendant”), which alleged causes of action for: (1) Failure to Pay Minimum Wages [Cal. Lab. Code §§ 204, 1194, 1194.2, and 1197]; (2) Failure to Pay Overtime Compensation [Cal. Lab. Code §§ 1194 and 1198]; (3) Failure to Provide Meal P eriods [Cal. Lab. Code §§ 226.7 and 512]; (4) Failure to Authorize and Permit Rest Breaks [Cal. Lab. Code § 226.7]; (5) Failure to Indemnify Necessary Business Ex...
2024.05.15 Motion to Lift Stay 049
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.05.15
Excerpt: ... General Ac t (Labor Code §§ 2698, et seq.) (“PAGA”). On June 22, 2022, the parties submitted a Joint Stipulation to Submit Plaintiff's Individual PAGA Claim to Arbitration and Dismiss Without Prejudice Plaintiff's NonIndividual PAGA Claims; Proposed Order, which stat ed that “pursuant to the United States Supreme Court's recent decision in Viking River Cruises, Inc. v. Moriana, 596 U.S. __ (2022), the Parties have agreed that Plaintiff's...
2024.05.14 Motion for Summary Judgment, Adjudication 032
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.05.14
Excerpt: ... State Univers ity (“Defendant”) in 2014. (See complaint, ¶ 20.) Thereafter, Defendant discriminated against employees based on age and gender, harassed employees based on age and gender, fraudulently concealed wage and hour violations, misclassified workers, and faile d and refused to pay overtime wages. (See complaint, ¶ 21.) In January 2019, Plaintiff began experiencing serious, severe and pervasive harassment and discrimination based o...
2024.05.14 Demurrer 203
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2024.05.14
Excerpt: ...rovide a quote for the p ickup of products from a vendor in Indiana and to deliver those products to San Jose, California. (Id. at ¶ 8.) Defendants, through their employee Zaida Ladua (“Ladua”), emailed Plaintiff two quotes for a total price of $3,517.97 for the pickup and deliver y. (Id. at ¶ 9.) The quotes were good through March 1, 2022 and Defendants advertise that the quotes are binding for three days after the date of the quote. (Ibid...
2024.05.14 Demurrer to FAC 692
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2024.05.14
Excerpt: ...ording to the first amended complaint (“FAC”), on November 15, 2012, defendant Leal filed a complaint on behalf of his client, Anthony Tran (“Tran”), and against LaForge for breach of contract, fraud, conversion, and other claims arising out of the LED light business that LaForge developed. (FAC at ¶ 7.) The action was filed in Santa Clara County Superior Court as Anthony Tran v. Andre La Forge, et al. (case no. 112CV236232) (“Under...
2024.05.14 Demurrer, Motion to Strike FAC 445
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.05.14
Excerpt: ...nly over custody of the ir child, E.V., but also over E.V.'s gender identity. E.V. is currently four years old.1 According to the first amended complaint (“FAC”), E.V. attended SJDN's daycare for at least a year, during which time Defendants allegedly sided with Jorgensen and ag ainst Vieyra in affirming a male gender identity upon E.V., contrary to Vieyra's express wishes and instructions. (FAC, ¶ 8.) On October 4, 2022, Vieyra sent an ema...
2024.05.14 Demurrers 173
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2024.05.14
Excerpt: ...1 United States of America – Internal Revenue Service, and Robert Bass, LLC (collectively, “Defendants”).2 According to the complaint, Defendants have a present ownership interest in or to real property located at 15814 Winchester Blvd. in Los Gatos, California (“Subject Property”). (Complaint at ¶¶ 13, 15.) Plaintiff Gardyn loaned money to Defendants to purchase and/or refinance the Subject Property. (Id. at ¶ 14.) On December 10, ...
2024.05.14 Demurrer 607
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.05.14
Excerpt: ...Real Estate Services (collectively, “A meriland”), Jose Adame (“Adame”), Silvia Ibarra (“Ibarra”), Benjamin Calderon, Domingo Armendariz, and Does 1 through 125 (collectively, “Defendants”). Petra is the mother of decedent Michael Daniel Zuniga -Macias (“Decedent”). (FAC, ¶ 21.) Jeremiah is Deced e n t 's brother. (Id. at ¶ 22.) Augustina owns the property at 490 Las Animas Ave., Gilroy (“490 Property”). (FAC, ¶ 6.) Reb...
2024.05.14 Motion for Summary Judgment, Adjudication 190
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.05.14
Excerpt: ...t, p. 5.) While she was walking, she was struck from behind by defendants Raul Arias and Jose Mendoza who were travelling at high speeds on their bicycles. (Ibid.) Plaintiff filed her complaint on March 24, 2021 asserting (1) general negligence against Arias and Mendoza and (2) premises liability against the City. On January 20, 2023, City filed the instant motion, which Plaintiff opposes. II. Judicial Notice City requests judicial notice of th...
2024.05.14 Motion to Stay Case 777
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.05.14
Excerpt: ... Promise, and Co ncealment. In the complaint, Defendant Tashjian (hereinafter “Defendant”) is accused of conducting a fraudulent real estate transaction in which Plaintiffs were induced to pay and release a total of $1,744,000.00 to Defendant Tashjian with no secured inte rest. The property was later lost to foreclosure before construction and sale could be completed. Plaintiffs filed a First Amended Complaint on January 1, 2024, against the...
2024.05.14 Motion to Strike FAC 655
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.05.14
Excerpt: ...was crossing M errill Avenue with an assistive device. (FAC, p. 6.) Instead of stopping to check on her or calling emergency services, Mai fled the scene. (Ibid.) Emergency services were only contacted when another driver came upon Ly's body and she was pronounced dea d at 6:05 a.m. (Ibid.) After fleeing the scene of the incident, Mai filed a false report claiming that the damage to her vehicle was caused by a shopping cart. (Ibid.) Plaintiffs...
2024.05.14 Petition to Compel Arbitration 040
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2024.05.14
Excerpt: ...he terms of a binding and enforceable arbitration agreement that plaintiff Hugo Bravo Aragon (“Plaintiff”) executed on or about November 9, 2021, is GRANTED. Defendant's motion for an order dismissing this action is DENIED. Defendant's motion for alternatively staying this action pending [completion of the] arbitration of Plaintiff's claim is GRANTED. Federal and State Law Strongly Favor Enforcement of Arbitration Agreements Federal and Calif...
2024.05.14 Special Motion to Strike, Motion to Strike, Demurrer 317
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.05.14
Excerpt: ...an Jos e. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 13 May 2024. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo --- Orders on: (1) Defend ant Yevgeniy Babichev's Special Motion To Strike Claims In Plaintiff Kateryna Pomogaibo's Causes Of Action For Harassment And Intentional Infliction Of Emotional Distress In The First ...
2024.05.14 Motion to Compel Answers to Deposition 748
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.05.14
Excerpt: ... This matter was orig inally set for trial on April 2, 2024, but that date was continued to July 1, 2024 at the request of the parties. The court “barely” found good cause to continue that trial date but ultimately did so, given the ongoing, last -minute discovery disputes betw een the parties. (See March 7, 2024 Order at p. 6.) Those discovery disputes are now the subject of the present motions before the court. Doe 6 moves to compel answers...
2024.05.09 Motion for Summary Judgment 367
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.05.09
Excerpt: ..., San Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 01 May 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Order On The Chia la Defendants' Motion For Summary Judgment. I. Background. A. Plaintiff's First Amended Complaint. Defendants George Chiala Farms, Inc. (“GCF”) and Chiala Family Property Management, ...
2024.05.09 Demurrer 148
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.05.09
Excerpt: ...��SAC,”) Plaintiff has been the owner of real property located at 2664 Senter Road, Unit No. 116, San Jose, California (“the Property”) since 1990. (SAC, ¶ 1.) FCMC is a collection agency and the “servicer of the beneficiary,” Wilmington Savings Fund, FSB (“Wilmington”). (SAC, ¶ 3.) Wilmingt on functions solely as a “Certificate of Trustee” of Bosco Credit VI Trust Series 2011 -1. (Ibid.) The SAC alleges Plaintiff signed a p...
2024.05.09 Demurrer 279
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.05.09
Excerpt: ...o design, build, and install kitchen and bathroom cabinets. Emil Eshagh was/is involved in the operation of The Perfect Finish. Subsequently, Plaintiffs filed suit against Eshagh and The Perfect Finish, DBA All Perfect Finish, for breach of contract, among other cl aims. On January 14, 2022, Plaintiffs obtained a default judgement against Eshagh and The Perfect Finish Inc. in the amount of $50,733.28. (FAC ¶¶ 8 -10.) On May 1, 2023, during a d...
2024.05.09 Demurrer, Motion to Strike Punitive Damages 710
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.05.09
Excerpt: ... San J ose. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 01 May 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Orders On: (1) General Motors LLC's Demurrer To Plaintiffs' Second Amended Complaint; and (2) General Motors LLC's Motion To Strike Punitive Damages From Plaintiffs' Second Amended Complaint. I. Statement ...
2024.05.09 Motion to Compel Arbitration and Stay Proceedings 979
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.05.09
Excerpt: ...y party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 01 May 2024. Please specify the issue to be contested when calling the Court and Counsel. ---oooOooo --- Order on Motion of Defendant Sam baNova Systems, Inc. To Compel Arbitration and Stay Proceedings. I. Statement of Facts. Plaintiff filed this complaint on 19 December 2023.1 The complaint alleges cause of action for (1...
2024.05.09 Motion for Summary Judgment, Adjudication 772
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.05.09
Excerpt: ...in the property to Tam. (See complaint, ¶¶ 8 -9.) On January 13, 2017, Tam caused a grant deed (“Grant Deed 1”) to be recorded in the Santa Clara County Recorder's Office that purported to state that Plaintiff had granted and delivered to Tam a share of Plaintiff's property for no consideration in joint tenancy with Tam. (See complaint, ¶ 5.) However, Plaintiff never agreed to give Tam a share of the property. (Id.) On August 17, 2017, def...
2024.05.09 Motion to Compel Responses, for Monetary Sanctions 954
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.05.09
Excerpt: ...al interrogatories; and (3) a motion to deem the truth of matters and the genuineness of documents specified in requests for admissions. In addition, Jabil has requested monetary sanctions in the amount of $30,825. Human Bees opposes the motions and requests $10,000 in sanc tions against Jabil. For the reasons that follow, the court GRANTS in part and DENIES in part the motion regarding documents; the court DENIES the motions regarding the inter...
2024.05.09 Motions to Compel Responses, for Sanctions 565
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.05.09
Excerpt: ...motion to compel further responses to interrogatories, and (3) a motion to compel further responses to requests for admissions. In addition, the City moves for monetary sanctions against defendants and their former attorney, Ana Vásquez, who withdrew from representation on Novemb er 21, 2023. Because Hitesh and Golden State are companies who are no longer represented by Vásquez or any other counsel, they are unable to appear, and they have not ...
2024.05.09 Petition to Confirm Arbitration Award 523
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.05.09
Excerpt: ...an unauthorized surreply (l abeled a “reply”) dated May 2, 2024 —Huang requests that the award be vacated, even though he has not filed a separate petition or notice of motion to vacate the award.3 Accordingly, the only petition properly before the court is one to confirm the award. But because the parties have combined all of their arguments in favor of confirming or vacating the award into five different briefs for this hearing —and...
2024.05.08 Motion for Preliminary of Approval of Settlement 968
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.05.08
Excerpt: ...vices, Inc. (“Def endant”) on July 21, 2022. The complaint alleged a single cause of action under the Private Attorneys General Act of 2004 (“PAGA”). Several months later, on November 17, 2022, Plaintiff filed a first amended complaint adding several class claims. Defendan t removed the action to federal court on December 16, 2022. On September 14, 2023, Plaintiff filed the operative second amended complaint (“SAC”), which alleges ...
2024.05.08 Motion for Preliminary of Approval of Settlement 401
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.05.08
Excerpt: ...) (“First Action”); and (2) Kenneth Nguyen v. Port Plastics, Inc. (Santa Clara County Superior Court, Case No. 22CV394403) (“Second Action”). The Representative Action Complaint filed in the First Action on February 15, 2022, set forth a single cause of action for Civil Penalties Pursuant to Labor Code §§ 2699, et seq. (“PAGA”) based on underlying wage and hour violations. The Class Action Complaint filed in the Second Action on F...
2024.05.08 Motion for Final Approval of Settlement 845
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.05.08
Excerpt: ...uses of action f or: (1) Violation of Labor Code §§ 510, 558, and 1194; (2) Violation of Labor Code §§ 226.7 and 512; (3) Violation of Labor Code § 2802; (4) Violation of Labor Code § 226; (5) Violation of Business and Professions Code §§ 17200, et seq.; and (6) Violation of Labor Code §§ 2698, et seq. (“PAGA”). The parties reached a settlement. Plaintiff Marie Rebelo Showalter (“Plaintiff”) moved for preliminary approval of the...

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