Array
(
)
Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

6006 Results

Location: Santa Clara x 
Array
(
)
SELECT * FROM wp_posts WHERE (post_type = 'attachment') AND ID IN (SELECT object_id FROM wp_term_relationships WHERE term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND parent IN (SELECT term_id FROM wp_terms WHERE term_id = 244))) AND (true) AND (true) ORDER BY post_title DESC LIMIT 5000,100
Array
(
)
2019.8.23 Motion for Leave to File Verified Amended Petition for Writ of Mandate and Complaint 610
Location: Santa Clara
Judge: Kuhnle, Thomas E
Hearing Date: 2019.8.23
Excerpt: ...laintiffs, vs. CITY OF SAN JOSÉ, BOARD OF ADMINISTRATION OF THE FEDERATED CITY EMPLOYEES' RETIREMENT SYSTEM, NORBERTO DUEÑAS, IN HIS OFFICIAL CAPACITY AS THE CITY MANAGER OF THE CITY OF SAN JOSÉ, AND DOES 1‐50, , Respondents/Defendants. Case No. 2017‐1‐CV‐312610 TENTATIVE RULING RE: MOTION FOR LEAVE TO FILE VERIFIED SECOND AMENDED PETITION FOR WRIT OF MANDATE AND COMPLAINT /// /// TENTATIVE RULING RE: MOTION FOR LEAVE TO FILE VERIFIED ...
2019.8.23 Demurrer 927
Location: Santa Clara
Judge: Kuhnle, Thomas E
Hearing Date: 2019.8.23
Excerpt: ...ON This is a putative wage and hour class action. According to the allegations of the Complaint, filed on January 14, 2019, defendant Frontier Transportation, Inc. (“Defendant”) provides trucking services in California and employs drivers to conduct its business. (Complaint, ¶ 8.) Plaintiff Gustavo Cardenas (“Plaintiff”) was employed by Defendant as a truck driver for many years, up until November 16, 2017. (Complaint, ¶ 10.) TENTATIVE ...
2019.8.23 Demurrer 264
Location: Santa Clara
Judge: Kuhnle, Thomas E
Hearing Date: 2019.8.23
Excerpt: ...n; RUBY THAI BAKERSFIELD, LLC, a California corporation; CHICKEN WOW VALLEY FAIR, LLC, a California corporation; YUH MEI CHIOU, an individual; and DOES 1‐50, inclusive, Defendants. Case No. 2018‐1‐CV‐337264 TENTATIVE RULING RE: DEMURRER TO SECOND AMENDED COMPLAINT The above‐entitled action comes on for hearing before the Honorable Thomas E. Kuhnle on August 23, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative rulin...
2019.8.23 Motion for Final Approval of Settlement, for Attorney Fees 274
Location: Santa Clara
Judge: Walsh, Brian C
Hearing Date: 2019.8.23
Excerpt: ...otion for final approval of the settlement and for approval of his attorney fees, costs, and service award. Plaintiff's motion is unopposed. I. Legal Standards for Approving a Class Action/PAGA Settlement Generally, “questions whether a settlement was fair and reasonable, whether notice to the class was adequate, whether certification of the class was proper, and whether the attorney fee award was proper are matters addressed to the trial court...
2019.8.23 Motion for Final Approval of Settlement 369
Location: Santa Clara
Judge: Walsh, Brian C
Hearing Date: 2019.8.23
Excerpt: ... final approval of the settlement and for approval of his attorney fees, costs, and service award. Plaintiff's motion is unopposed. I. Legal Standards for Approving a Class Action/PAGA Settlement Generally, “questions whether a settlement was fair and reasonable, whether notice to the class was adequate, whether certification of the class was proper, and whether the attorney fee award was proper are matters addressed to the trial court's broad ...
2019.8.23 Motion for Final Approval of Settlement, for Attorney Fees 136
Location: Santa Clara
Judge: Walsh, Brian C
Hearing Date: 2019.8.23
Excerpt: ...r. Before the Court is plaintiff's motion for final approval of the settlement and for approval of her attorney fees, costs, and service award. Plaintiff's motion is unopposed. I. Legal Standards for Approving a Class Action/PAGA Settlement Generally, “questions whether a settlement was fair and reasonable, whether notice to the class was adequate, whether certification of the class was proper, and whether the attorney fee award was proper are ...
2019.8.23 Motion for Final Approval of Settlement 991
Location: Santa Clara
Judge: Walsh, Brian C
Hearing Date: 2019.8.23
Excerpt: ...roval of the settlement and for approval of their attorney fees, costs, and service awards. Plaintiffs' motion is unopposed. I. Legal Standards for Approving a Class Action Settlement Generally, “questions whether a settlement was fair and reasonable, whether notice to the class was adequate, whether certification of the class was proper, and whether the attorney fee award was proper are matters addressed to the trial court's broad discretion.�...
2019.8.22 Motion to Quash Service 328
Location: Santa Clara
Judge: Pierce, Mark
Hearing Date: 2019.8.22
Excerpt: ...disputed that Plaintiff and Defendant are engaged in a still pending divorce proceeding in France. The operative First Amended Complaint (“FAC”) in this action, filed May 2, 2019, states claims for: (1) Injunction (seeking an injunction “requiring all proceeds and other consideration arising from the sale(s) of SSLP and GSS [Defendant Global Shipping Solutions, LLC] and/or their respective assets, to be deposited in one or more blocked acco...
2019.8.22 Motion to Compel Deposition, Production of Docs 358
Location: Santa Clara
Judge: Pierce, Mark
Hearing Date: 2019.8.22
Excerpt: ... 650I vehicle (“Vehicle”) which was manufactured and distributed by BMW. In connection with Plaintiff's purchase of the Vehicle, BMW provided express warranties by which it undertook to preserve or maintain the utility or performance of the Vehicle, or to provide compensation if there was failure of such performance. The Vehicle contained several defects (e.g., engine defects) and after several attempts to repair the Vehicle, BMW was unable t...
2019.8.22 Motion for Summary Adjudication 752
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2019.8.22
Excerpt: ... (“Lease”) for the Premises. (FAC, ¶7 and Exh. A.) The parties later entered into an addendum to the Lease. (Id.) Defendant PBRC vacated the Premises on or about December 19, 2017. (FAC, ¶9.) Defendant PBRC breached the Lease by failing to pay rent due. (FAC, ¶10.) Pursuant to the terms of the Lease, plaintiff BSJ is entitled to $57,892.83 for unpaid rent due under the holdover rate. (Id.) Defendant PBRC breached the lease by failing to de...
2019.8.22 Demurrer, Motion to Strike 442
Location: Santa Clara
Judge: Pierce, Mark
Hearing Date: 2019.8.22
Excerpt: ...ct (“FEHA,” Gov. Code §12940 et seq.): 1) “Denial of employment due to religious creed, national origin, ancestry, and disability.” 2) “Job applicant inquiries as to the nature or severity of a disability,” 3) “Limitation and segregation in employment due to religious creed, national origin, ancestry and disability,” 4) “Harassment in employment due to religious creed, national origin, ancestry and disability,” and 5) “Empl...
2019.8.22 Demurrer 876
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.8.22
Excerpt: ...ns for loan modification. According to the allegations of the first amended complaint (“FAC”), Plaintiff sought modification of a home loan that originated in 2006 with Countrywide Home Loans Inc. (“Countrywide”). (FAC, ¶ 21.) The modification was granted but Plaintiff canceled it because the terms were “falsely represented.” (FAC, ¶ 33.) He subsequently sought modifications from Countrywide's successor, Bank of America and other fi...
2019.8.22 Demurrer 447
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.8.22
Excerpt: ...signed non‐solicitation and non‐ competition agreements, Taresh and Amar agreed to form the company but have all shares issued in their wives' names, Swapnil Anand (“Swapnil”) and Taproop Virk (“Taproop”), respectively. (See FAC, ¶ 11.) Taproop paid $35,000 and Amar began working for Company for a 49% interest in Company. (See FAC, ¶ 12.) In March 2009, Amar realized that they did not have any paperwork demonstrating the interest in...
2019.8.22 Demurrer 299
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2019.8.22
Excerpt: ... treatment of spine injuries and/or conditions. (FAC, ¶¶ 1, 8.) When required, Plaintiff obtains approval from a patient's managed health care plan to provide medical services. (Id., ¶ 9.) Plaintiff provided a consultation to J.S., a patient insured under Defendants' healthcare plan. (FAC, ¶¶ 11‐12.) In November 2017, Plaintiff spoke with an Anthem Blue Cross client services representative named “Yvonne A.” to verify J.S.'s healthcare ...
2019.8.22 Demurrer 030
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2019.8.22
Excerpt: ..., B, and C were insureds of defendant Sheet Metal Workers Local 104 Health Plan (“Defendant”) either as subscribers to coverage or dependents of a subscriber to coverage under a policy or certificate of insurance issued and underwritten by Defendant. (Complaint, ¶7.) Prior to performing surgeries on Patients A, B, and C, CSNI employees obtained promises and information from Defendant's representatives to be assured that Defendant would pay f...
2019.8.20 Demurrer 772
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.8.20
Excerpt: ...d inquire into records relating to an automobile financing transaction; recover or maintain possession of a 2014 RLX; compel issuance of a release of lien; and enjoin any efforts to repossess the vehicle. The Complaint also makes reference to “monetization and securitization transactions”; alludes to issues of fraud; generally avers various reporting entities, including Innovis, reported negative information about Plaintiff; and states there ...
2019.8.20 Demurrer 252
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2019.8.20
Excerpt: ...fits as an employee was membership in the California Public Employees' Retirement System (“CalPERS”). (Complaint, ¶ 7.) In 2017, Plaintiff calculated her prospective retirement benefits using the CalPERS website and based on her projected retirement benefits, decided to retire, surrendered her California home and moved to Nevada. (Complaint, ¶ ¶12, 14.) However, shortly after retirement she received notice that her calculation of benefits ...
2019.8.20 Motion to Strike Complaint 508
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2019.8.20
Excerpt: ...Project will provide necessary infrastructure for the City Place Project. (Id.) As relocated, Stars and Stripes Drive would cut through a City‐owned building located at 5131 Stars and Stripes Drive which is presently leased to defendant D.E. II Restaurants, Inc. (“Defendant”) pursuant to a Lease Agreement for the Santa Clara Banquet and Meeting Facility between City and Defendant, dated July 1999, as amended by that certain First Amendment ...
2019.8.20 Demurrer 973
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2019.8.20
Excerpt: ...knownst to her, Defendant had inhaled “Dust‐off” before and/or while he was driving. Defendant subsequently blacked out and turned the wheel to the right, causing the vehicle to swerve off of the roadway and collide head‐on with a tree. The collision totaled the vehicle and resulted in significant injuries to Plaintiff. Plaintiff additionally pleads that on March 27, 2017, Defendant was convicted of one felony count of driving under the i...
2019.8.20 Motion to Quash Service of Summons and Complaint 797
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2019.8.20
Excerpt: ... Zehava Shifman (“Shifman”) (collectively, “Defendants”). According to the allegations of the FAC, Shifman asked Plaintiff, an old friend, to help her found a commercial business, OSR, to market a hardware and software platform she was developing for the automotive industry. (FAC, ¶¶ 1‐4.) Plaintiff accepted Shifman's offer and agreed to provide his services in exchange for equity in OSR rather than a regular salary. (Id., ¶¶ 2‐3....
2019.8.16 Demurrers 709
Location: Santa Clara
Judge: Kuhnle, Thomas E
Hearing Date: 2019.8.16
Excerpt: .... INTRODUCTION This is a putative class action. According to the allegations of the Class Action Complaint for Declaratory Judgment and Injunctive Relief (“Complaint”), filed on December 3, 2018, plaintiff Lowri McGill (“Plaintiff”) was a resident and tenant at a residential rental property known as Vine by Vintage. (Complaint, ¶¶ 1‐2.) Plaintiff alleges she lives in a streetlevel apartment with her husband and two young children. (Id...
2019.8.16 Motion for Complexity Determination 971
Location: Santa Clara
Judge: Kuhnle, Thomas E
Hearing Date: 2019.8.16
Excerpt: ...he allegations of the Complaint, filed on March 21, 2019, plaintiff Alorica, Inc. and defendant Fortinet, Inc. are both Delaware corporations. (Complaint, ¶¶ 1‐2.) Alorica is one of the leading providers of outsourced communication solutions, averaging over 600 million customer interactions per year. (Id. at ¶ 4.) Fortinet is a multinational corporation that develops and markets hardware, software, and services for secure computer networking...
2019.8.16 Motion for Final Approval of Class Action Settlement 763
Location: Santa Clara
Judge: Kuhnle, Thomas E
Hearing Date: 2019.8.16
Excerpt: ... its tentative ruling as follows: I. INTRODUCTION This is a class action lawsuit arising from various alleged wage and hour violations. Plaintiffs Ted Stilwell and Stewart Ross (collectively, “Plaintiffs”) allege defendant First Alarm (“Defendant”) failed to reimburse its California employees for all work‐related expenses incurred in driving personal vehicles for work, failed to provide employees with signed TENTATIVE RULING RE: MOTION ...
2019.8.16 Motion for Preliminary Approval of Settlement 126
Location: Santa Clara
Judge: Walsh, Brian C
Hearing Date: 2019.8.16
Excerpt: ...a non‐ exempt employee from April 2015 through December 2017. (SAC, ¶ 11.) She and the other putative class members were hired to provide roadshow staffing in Costco stores. (Ibid.) Plaintiff alleges that both defendants were her employers. (Id. at ¶¶ 11‐18.) She and other putative class members were misclassified as exempt and paid solely by commissions; consequently, they were not paid for all hours worked (including overtime), missed me...
2019.8.16 Motion for Preliminary Approval of Settlement 860
Location: Santa Clara
Judge: Walsh, Brian C
Hearing Date: 2019.8.16
Excerpt: ...iled to pay all wages due to employees due to illegal time rounding; failed to pay overtime for all overtime hours worked; failed to pay 7th‐day overtime; violated Labor Code section 552's prohibition on over six consecutive working days per week; failed to provide meal and rest periods; derivatively and independently failed to provide accurate wage statements; and are derivatively liable for penalties pursuant to Labor Code section 203, the Pr...
2019.8.16 Motion to Certify Class 871
Location: Santa Clara
Judge: Walsh, Brian C
Hearing Date: 2019.8.16
Excerpt: ...on the issue of [its] cure pursuant to Cal. Code of Civ. Proc. § 1008 (b),” and dismissing plaintiff's individual and class claims. Plaintiff filed a “limited” opposition to this second motion, urging that the motion is procedurally improper and/or untimely. I. Factual and Procedural Background Plaintiff incurred a consumer debt in the form of a credit account issued by WebBank. (Complaint, ¶ 15.) She was unable to pay the debt and defaul...
2019.8.16 Motion to Stay Case and Compel Arbitration, to Seal 800
Location: Santa Clara
Judge: Kuhnle, Thomas E
Hearing Date: 2019.8.16
Excerpt: ...epartment 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative consumer class action brought pursuant to the California Fair Debt Buying Practices Act, Civil Code sections 1788.50‐1788.64 (“CFDBPA”). According to the Class Action Complaint for Statutory Damages (“Complaint”), filed on December 4, 2018, plaintiff Pamela Shereé Chambers (“Plaintiff”) seeks statutory damages against defendant Cro...
2019.8.16 Petition for Coordination 049
Location: Santa Clara
Judge: Kuhnle, Thomas E
Hearing Date: 2019.8.16
Excerpt: ...e Thomas E. Kuhnle on August 16, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION Plaintiff Raul Laguna (“Plaintiff”) petitions for an order coordinating the cases of Laguna v. Golden State Overnight Delivery Service, Inc., Case No. 2019‐1‐CV‐343326, Santa Clara County Superior Court, and Avendano v. GC Delivery Services, LLC and Golden State Overnight Delivery Service, Inc., Case...
2019.8.15 Demurrer 030
Location: Santa Clara
Judge: Pierce, Mark
Hearing Date: 2019.8.15
Excerpt: ...tter was filed on March 22, 2019 and states four causes of action. The first is titled “Breach of Contract and Implied Covenant of Good Faith and Fair Dealing,” (two separate and distinct causes of action), alleging that Defendant breached an NDA the parties had signed by, among other things, “first purchasing, and then encouraging hundreds of their affiliates to advertise the literal characters of the TRADEMARKIA Marks [defined in the Comp...
2019.8.15 Motions for Relief and Reconsideration of Motion for Summary Adjudication 292
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2019.8.15
Excerpt: ...AC”] at ¶ 2.2 ) Plaintiff Stephanie Drewsen (“Plaintiff”) became a patient of defendant SHC in January 2013. (Id. at ¶ 7.) Dr. David W. Lowenberg (“Dr. Lowenberg”) was Plaintiff's physician and an employee of defendant SHC. (Id. at ¶ 2.) Eric Sundberg, M.D. and Varun Gajendran, M.D. (collectively, “the residents”) were employed by defendant SHC as assistant resident surgeons. (Ibid.) On April 29, 2013, Plaintiff was scheduled to ...
2019.8.15 Motion for Judgment on the Pleadings 578
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2019.8.15
Excerpt: ...LLC (“VSM”), owners of real property known as the Vallco Fashion Mall located at 10123 North Wolfe Road in Cupertino (“Subject Property”), to exclusively represent VSM in connection with the sale of the Subject Property. (SAC, ¶¶7 – 8.) On or about August 2, 2011, VSM and plaintiff Nguyen entered into an exclusive right to sell agreement entitled “Owner‐Broker Agreement‐Vallco Shopping Center” (“Listing Agreement”). (SAC, ...
2019.8.15 Demurrer, Motion to Strike 490
Location: Santa Clara
Judge: Pierce, Mark
Hearing Date: 2019.8.15
Excerpt: ...h 2006, Purvis obtained a loan in the amount of $695,000 secured by the Property, and executed a Deed of Trust (“DOT”) in favor of World Savings Bank, FSB (“World Savings”). (Id. at ¶ 10 & Ex. A.) Thereafter, the beneficial interest in the loan was transferred to Wells Fargo. (Id. at ¶ 10.) In late 2008, Purvis sought a loan modification from Wells Fargo, but Wells Fargo refused to modify the loan because Purvis had made all of his mont...
2019.8.15 Demurrer 221
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.8.15
Excerpt: ...a”) and one of his companies, Ocean View Drive, Inc. (“Defendant”) in case number 19CV342187. The cases were consolidated on June 11, 2019, with matter 17CV317221 as the lead case.1 According to the allegations of the complaint, Plaintiff leased a commercial property to Le in March of 2016, for a term of 10 years. (Complaint, ¶ 27.) Le has failed to pay rent since September of 2017, or any penalties associated with the default, and to date...
2019.8.13 Motion to Strike, for Protective Order 868
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2019.8.13
Excerpt: ...hleen Wang, Xiao Rong Zhou, Ruo (Laura) Li, Zhengmao Zhu, LXRZ, Inc., Firetide, Inc. (“Firetide”), George Zhu (“Zhu”), Xin Liu (“Liu”), and Da Yong Guan (“Guan”) (collectively “Defendants”). As alleged in the Fourth Amended Complaint (“4AC”), Ampro and Consolitech are circuit board assembly and manufacturing companies owned by Elliot Wang (“Wang”) and located in Fremont, CA. (4AC, ¶¶ 1‐2, 23.) As Wang lived in Taiw...
2019.8.13 Demurrer 442
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2019.8.13
Excerpt: ...genia Florencia Chavez Sanchez, and Gabino Guevara (collectively, “Plaintiffs”). Factual and Procedural Background This is an action for fraud and negligence. According to the allegations of the operative 6AC, defendants Leticia Ramona Sandoval Gonzalez (“Gonzalez”), Daniel Alberto Valdez Sandoval, Juventia Narciso Marquez, Felipe Carrasco Villamares, Alejandra Villamares, and Maria Carmen Arteaga Barajas (“Barajas”) (collectively, �...
2019.8.13 Demurrer, Motion to Strike 012
Location: Santa Clara
Judge: Pierce, Mark
Hearing Date: 2019.8.13
Excerpt: ...ghts. (FAC, ¶ 17.) In October 2017, Plaintiff was admitted to Stanford's hospital and upon admission was deemed at high risk for skin breakdown. (FAC, ¶ 24.) The nursing staff created a skin integrity plan for her by which they would monitor her skin two times daily. (FAC, ¶ 26.) The protocol also required staff to reposition her at least every two hours to prevent skin breakdown. (FAC, ¶ 27.) Due to deliberate understaffing by its managing a...
2019.8.13 Motion for Summary Judgment, Adjudication 668
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2019.8.13
Excerpt: ...dala”) made disparaging remarks to plaintiff Lobo regarding his age and subjected plaintiff Lobo to hostility due to his ancestry/national origin. (FAC, ¶¶18 – 19.) Plaintiff Lobo was denied opportunities and benefits of employment that were essential to his continued success at defendant Intel. (FAC, ¶20.) Plaintiff Lobo made several workplace complaints to defendants regarding Perumandala's actions. (FAC, ¶21.) Defendants retaliated aga...
2019.8.13 Motion to Compel Further Responses 507
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2019.8.13
Excerpt: ...s released to the custody of Lexington's agent, defendant Ed Mumbert (“Mumbert”). (Id.) Thereafter, Decedent did not appear in court. (Id.) Defendants Lexington and Mumbert located Decedent in Nevada and took Decedent into custody. (Id.) An arrangement had been made for Decedent to be represented by defendant Robert Drescher (“Drescher”) in the Santa Clara proceedings. (Id.) On September 11, 2016, defendant Drescher acquired an airplane o...
2019.8.13 Motion to Quash Service of Summons 425
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.8.13
Excerpt: ...f promised to provide Defendant with the services detailed in the accompanying statement of work (“SOW”) over a period of 14 weeks. (FAC, ¶ 10.) The Agreement required Defendant to pay invoices within 15 days, while the SOW stated payment was due immediately upon receipt. (FAC, ¶¶ 11–13.) Plaintiff was authorized to suspend its performance and terminate the agreement upon Defendant's failure to timely pay for services rendered. (FAC, ¶ ...
2019.8.13 Motion to Strike 095
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2019.8.13
Excerpt: ... property located in San Jose (the “Property”). (Complaint, ¶¶ 4, 9 and Exhibit 1.) In August 2018, Defendants purchased the Property and assumed the lease. (Id., ¶ 10.) On January 3, 2019, a fire started in a neighboring unit and spread to Plaintiff's unit, resulting in significant damage to the unit and Plaintiff's personal property. (Id., ¶¶ 11, 13.) After the fire was extinguished, Mr. Chan arrived and was advised by the fire departm...
2019.8.2 Demurrer, Motion to Strike 170
Location: Santa Clara
Judge: Kuhnle, Thomas E
Hearing Date: 2019.8.2
Excerpt: ...ment 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION Plaintiff Marcelo A. Ignelzi (“Plaintiff”) brings this putative class and representative action against defendants DA Defense Logistics HQ, LLC (“DA”) and Northrop Grumman Technical Services, Inc. (“Northrop”) (collectively, “Defendants”) for alleged violations of the Labor Code and Business and Professions Code. The Third Amended Complaint (“TAC”), ...
2019.8.2 Petition for Coordination 034
Location: Santa Clara
Judge: Walsh, Brian C
Hearing Date: 2019.8.2
Excerpt: ...anta Clara on October 24, 2017; (2) Sam Moussa v. Fogo de Chao Churrascaria (California), LLC, et al., Case No. BC689391, filed in the Superior Court of California, County of Los Angeles on January 11, 2018; and (3) Faraz Yousefian v. Fogo de Chao Churrascaria California, LLC, et al., Case No. BC709639, filed in the Superior Court of California, County of Los Angeles on June 15, 2018. Defendants' petition is unopposed. I. Legal Standard “Coordi...
2019.8.2 Motion for Summary Adjudication
Location: Santa Clara
Judge: Kuhnle, Thomas E
Hearing Date: 2019.8.2
Excerpt: ...ng Arriaga & Associates, Inc. (“Arriaga, Inc.”), a company that provides security for other businesses and entities. (See Verified First Amended Complaint (Case No. 2017‐1‐CV‐ 310003) (“FAC”), ¶¶ 2 and 8.) In one of the cases before the Court, Arriaga, Inc. alleges defendants Jason Lara and Jose Segura were employees of Arriaga, Inc. (FAC, ¶¶ 3 and 7.) On July 1, 2016, Lara and Segura contacted Arriaga, Inc.'s 1 Included Actions...
2019.8.2 Motion for Final Approval of Settlement, for Attorney Fees 758
Location: Santa Clara
Judge: Walsh, Brian C
Hearing Date: 2019.8.2
Excerpt: ...oval of the settlement and for approval of his attorney fees, costs, and service award. Plaintiff's motion is unopposed. I. Legal Standards for Approving a Class Action/PAGA Settlement Generally, “questions whether a settlement was fair and reasonable, whether notice to the class was adequate, whether certification of the class was proper, and whether the attorney fee award was proper are matters addressed to the trial court's broad discretion....
2019.8.2 Motion for Final Approval of Settlement, for Attorney Fees 438
Location: Santa Clara
Judge: Walsh, Brian C
Hearing Date: 2019.8.2
Excerpt: ...f's motion for final approval of the settlement and for approval of her attorney fees, costs, and service award. Plaintiff's motion is unopposed. I. Legal Standards for Approving a Class Action/PAGA Settlement Generally, “questions whether a settlement was fair and reasonable, whether notice to the class was adequate, whether certification of the class was proper, and whether the attorney fee award was proper are matters addressed to the trial ...
2019.8.2 Motion for Final Approval of Settlement, for Attorney Fees 248
Location: Santa Clara
Judge: Walsh, Brian C
Hearing Date: 2019.8.2
Excerpt: ...s plaintiff's motion for final approval of the settlement and for approval of her attorney fees, costs, and service award. Plaintiff's motion is unopposed. I. Legal Standards for Approving a Class Action/PAGA Settlement Generally, “questions whether a settlement was fair and reasonable, whether notice to the class was adequate, whether certification of the class was proper, and whether the attorney fee award was proper are matters addressed to ...
2019.8.2 Motion for Final Approval of Class Action Settlement 732
Location: Santa Clara
Judge: Kuhnle, Thomas E
Hearing Date: 2019.8.2
Excerpt: ...ws: I. INTRODUCTION This is a putative class action brought under the Fair Credit Reporting Act (“FCRA”). According to the allegations of the Class Action Complaint (“Complaint”), filed on July 26, 2017, defendants DHI Group, Inc. and Dice Inc. (collectively, “Defendants”) operate a web service called “Dice Open Web” that searches the internet and creates profiles on people based on information scraped from various sources, includ...
2019.8.1 Motion for Summary Judgment, Adjudication 131
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2019.8.1
Excerpt: ...is is an action for wrongful death and negligence. According to the allegations of the operative complaint (“Complaint”), on June 20, 2015, plaintiff Garcia was a passenger in a vehicle being driven by Aldo Alvarez (the “Decedent”) southbound on Capitol Avenue in San Jose. (Complaint, ¶ 15.) While at the intersection of North Capitol and Madden, the vehicle was struck by a VTA light rail vehicle operated by Welch, resulting in the Decede...
2019.8.1 Demurrer 058
Location: Santa Clara
Judge: Pierce, Mark
Hearing Date: 2019.8.1
Excerpt: ...claratory Relief (seeking an unspecified declaration of rights and duties regarding the Subject Property) and (2) Quiet Title. Defendants Select Portfolio Services, Inc. (“SPS”) and U.S. Bank, NA, as successor trustee to Bank of America, NA, successor in interest to LaSalle Bank, NA, as trustee on behalf of the holders of WAMU Mortgage Pass‐Through Certificates Series 2007‐OA6 (“Trustee,” collectively “Defendants”) brought a demur...
2019.8.1 Demurrer, Motion to Strike 966
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.8.1
Excerpt: ... Security Technical Support Engineer; Hybrid Cloud Consultant; Security Consulting Systems/Sales Engineer; IT Auditor; Security and Compliance Analyst; and Corporate Systems Engineer. (Complaint, ¶¶ 9 & 36.) Despite the fact that Ali was qualified for the positions, Cisco did not hire him. (Id. at ¶¶ 6‐8, 10‐11, & 24.) Cisco allegedly discriminated against Ali because he is over forty years old, Muslim, and of Pakistani descent. (Id. at �...
2019.8.1 Motion for Protective Order 613
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2019.8.1
Excerpt: ...r clients to Bad Boys. (Id.) Bad Boys employed defendant Ashley Pilling‐Miller (“Miller”) from November 12, 2013 until her resignation on or about June 26, 2017. (Complaint, ¶7.) While employed at Bad Boys, defendant Miller had access to Bad Boys' proprietary information and trade secrets including, but not limited to, the confidential list of referring attorneys (“Confidential Information”). (Complaint, ¶¶7 – 8.) In recognition of...
2019.8.1 Motion to Compel Further Responses, for Monetary Sanctions 336
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.8.1
Excerpt: ...tion because the statute of limitations defense was dispositive and Defendants did not need to present a second, gratuitous argument regarding modification. On September 14, 2018, a third amended complaint was filed, now listing Granum Partners (“GP”) as the plaintiff, and now alleging that “[i]n or about 2016, for tactical reasons plaintiff Granum Partners orally assigned to Robert M. Granum II individually (‘Robert Granum') any and all ...
2019.8.1 Motion to Compel Arbitration 091
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2019.8.1
Excerpt: ...uses of action. Defendants contend that the causes of action in Plaintiff's Complaint arise out of, or are directly related to Plaintiffs former employment with Defendants. On June 6, 2017, when Plaintiff was hired by Defendant, Plaintiff signed a document entitled "Mediation and Arbitration Agreement" (hereinafter “Arbitration Agreement”). Defendant contends that by signing the Arbitration Agreement Plaintiff agreed to arbitrate any ...
2019.8.1 Motion to Strike 880
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2019.8.1
Excerpt: ... Catalina LLC and 574 Mariscal LLC unlawfully obtained $150,000 that belonged to plaintiff BHI through fraud, conversion, and conspiracy. The third parties then used the money to acquire real property in San Diego and in Palm Springs. The San Diego property was subsequently deeded to defendant 2006 Catalina Fund, LLC by the third party 2006 Catalina LLC for no consideration. The Palm Springs property was later deeded to defendant 574 Mariscal Fun...
2019.8.1 Special Motion to Strike 725
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.8.1
Excerpt: ...��), and defendant Elizabeth J. Larson (“Elizabeth”) as tenants in common. (Id.) On or about May 2, 1990, Nancy, Diane, and defendant Lawrence K. Larson (“Lawrence”) purchased the Subject Property as joint tenants, each possessing an equal onethird beneficial ownership. (Complaint, ¶9.) On or about February 3, 2000, defendants Lawrence and Diane severed the joint tenancy by each transferring an undivided one percent interest to their mot...
2019.8.1 Motion to Quash Service of Summons or to Dismiss for Inconvenient Forum 574
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2019.8.1
Excerpt: ...itClave is a private company with its principle place of business in San Jose that developed a blockchain‐based platform called BitClave Active Search Ecosystem, which allows consumers to control when and how they share data with retail companies. (FAC, ¶ 9.) In exchange, consumers earn Consumer Activity Tokens (‘CAT”). (Id.) At the time the company was founded in July 2017, it had two shareholders: Alex Bessanov (“Bessanov”), the foun...
2019.7.30 Demurrer, Motion to Dismiss Action 106
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2019.7.30
Excerpt: ...“Rodriguez”) (collectively, “Defendants”); it is accompanied by a request for judicial notice.1 For context, when Plaintiff filed the original complaint in 2015, he named as defendants: (1) the general contractor, defendant Paul S.S. Elias (doing business as Apec Construction); (2) subcontractor Oscar J. Vega, Jr. (doing business as O J V Construction); and (3) Does 1–100. In October 2018, Plaintiff substituted Welder as Doe 2.2 Then, i...
2019.7.30 Demurrer 077
Location: Santa Clara
Judge: Pierce, Mark
Hearing Date: 2019.7.30
Excerpt: ...Enrichment, and; 5) Unfair Competition. Attached as exhibits 1 and 2 to the FACC are copies of two written agreements between Qualium and Blue Shield, entered into in 2002 and 2012 respectively. Paragraph 4.4.(b) of the 2012 Agreement (which Blue Shield did not sign until 2013) required Qualium to notify Blue Shield if it were ever suspended or excluded from participating in Medicare. Paragraph 7.3 of the 2012 Agreement provided that Blue Should ...
2019.7.30 Demurrer 324
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2019.7.30
Excerpt: ...��) which IEN delivered to defendants at defendants' request on an open book account whereby defendants became indebted to IEN in the net principal amount of $149,327.27. (Complaint, ¶9.) Although demand has been made, defendants have failed and neglected to pay said sum, and the entire sum is now due, owing and unpaid, together with interest thereon. IEN assigned and transferred to plaintiff National Commercial Recovery, Inc. doing business as ...
2019.7.30 Demurrer 523
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2019.7.30
Excerpt: ... as much. (Id., ¶ 12.) On August 9, 2018, Plaintiff and Defendant entered into an agreement (the “Agreement”) whereby Defendant would give Plaintiff $30,000 if she would terminate the pregnancy. (Id., ¶ 13.) Defendant also agreed to provide Plaintiff with a work studio/office space so that she could start a business. (Id., ¶ 15.) Defendant subsequently deposited a personal check in the amount of $30,000 into Plaintiff's bank account. (Comp...
2019.7.30 Motion to Transfer Venue 764
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.7.30
Excerpt: ...ntiff) is at all times Herein mentioned in this Complaint, the owner, of the real property located at 320 Hawk Ridge Drive, Richmond, California in Contra Costa County (‘Subject Property').” Plaintiff claims that venue is proper in Santa Clara County because this County is allegedly where the contract was entered into, and that he lives here. However, Plaintiff ignores the rule that real property actions must be tried in the superior court in...
2019.7.30 Motion for Summary Judgment, Adjudication 411
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.7.30
Excerpt: ... as painters. (See Pls.' separate statement of undisputed material facts, nos. (“UMFs”) 1‐5.) During their employment with Defendants, Plaintiffs were members of District Council 16, and thus subject to the terms of the collective bargaining agreements (“CBAs”) between the Northern California Painting and Finishing Contractors Association and District Council 16 labor union. (See UMFs 6‐9.) The CBAs expressly provided for: premium pay...
2019.7.25 Demurrer 953 (1)
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2019.7.25
Excerpt: ...LC is the owner of four units at the Project. (See Second Amended Cross‐Complaint (“SAXC”) at ¶ 3.) Defendant and cross‐complainant Sherry Chen (“Chen”) (self‐represented) is a member of C Cube Investment LLC. (Id. at ¶ 1.) On May 25, 2018, Lundy filed a Complaint against Chen alleging causes of action for injunctive relief, declaratory relief, nuisance, negligence, and money due. Lundy claims that defendant Chen failed to make pa...
2019.7.25 Demurrer, Motion to Strike 793
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.7.25
Excerpt: ... served as her superior. (Id. at ¶¶ 4‐6.) Beginning in October 2015, defendant Barrick began verbally assaulting Plaintiff because of her gender and sexual orientation. (Id. at ¶ 6.) For example, after Plaintiff was promoted from night custodian to a lead maintenance person, Barrick sarcastically commented “she's not gonna be able to make it” (because she's a woman). (Ibid.) Thereafter, on March 29, 2016, defendant Barrick told Plaintiff...
2019.7.25 Motion for Summary Judgment, Adjudication 923
Location: Santa Clara
Judge: Pierce, Mark
Hearing Date: 2019.7.25
Excerpt: ...tum meruit and unjust enrichment no June 24, 2014 in Fulton County Atlanta, Georgia. These claims were based on the fact that Johnson provided an idea for the defendant that was the complete basis for the ‘Nordstrom Rack App' . . . Quantum meruit and unjust enrichment were litigated in Georgia merely because that is where the plaintiff resides as well as the defendant's doing business there as required. The defendant won on a summary judgment f...
2019.7.25 Motion to Compel Further Responses, for Monetary Sanctions 329
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2019.7.25
Excerpt: ...y, “Defendants”) arises from alleged employment discrimination and Labor Code violations. According to the Complaint, Plaintiff worked at Goodwill from March to June 2017, during which time it committed various wage and hour violations and discriminated against him. Regarding the wage and hour violations, Plaintiff was not provided full meal and rest breaks, accurate wage statements, his personnel file, or his final paycheck. Regarding the di...
2019.7.25 Motion to Compel Production of Docs, for Monetary Sanctions 203
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2019.7.25
Excerpt: ...ich was then consolidated with the earlier‐filed action by Navient Corporation.1 On January 25, 2019, Lowe served Navient Corporation and Navient Trust (collectively, “Plaintiffs”) with requests for the production of documents, set one (“RPD”). (Salmonsen Decl., ¶¶ 3–4 & Exs. A–B.) On February 12, Plaintiffs served responses to the requests. (Id., ¶¶ 5–6 & Exs. C–D.) Lowe identified and discussed with Plaintiffs problems wit...
2019.7.25 Motion to Compel Production of Statement of Damages, for Monetary Sanctions 370
Location: Santa Clara
Judge: Pierce, Mark
Hearing Date: 2019.7.25
Excerpt: ...n award of monetary sanctions; and (3) the motion by KB Home to compel Zenith to comply with a subpoena for the production of business records and for an award of monetary sanctions. Factual and Procedural Background This is a subrogation action brought by Zenith against KB Home and defendant Randazzo Enterprises, Inc. (collectively, “Defendants”). According to the allegations of the complaint, “Nery Manuel Barrera [(‘Barrera')] was injur...
2019.7.25 Motion for Summary Judgment, Adjudication 464
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2019.7.25
Excerpt: ...iary duty and legal malpractice arising out of a property dispute. According to the allegations of the operative complaint (“Complaint”), Plaintiffs own a residential property located at 2276 Bentley Ridge Drive in San Jose (the “Property”). (Complaint, ¶ 1.) Pursuant to a written agreement (the “Contract”), Plaintiffs hired defendant Coldwell and Concepcion to list and sell the Property, which was to be listed and sold for $2.4 mill...
2019.7.23 Demurrer 558
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.7.23
Excerpt: ...reholders. (See FAC, ¶ 6.) Plaintiff HongYing Dong (“Plaintiff”) is JinPing's wife and has been assigned his right to recover all legal entitlements of his regarding AHG, Inc., including the taking of all legal actions. (See FAC, ¶ 3.) On February 22, 2019, Plaintiff filed the FAC against defendants Shanko and Kris (collectively, “Defendants”), asserting causes of action for: 1) Fraudulent misrepresentation; 2) Fraudulent concealment; 3...
2019.7.23 Motion to Strike Punitive Damages 452
Location: Santa Clara
Judge: Pierce, Mark
Hearing Date: 2019.7.23
Excerpt: ...ntenance and repair of the vehicle during a specified time period. (FAC ¶ 14.) During the warranty period, the vehicle developed numerous problems that substantially impair the use, value or safety of the vehicle. (FAC, ¶ 14.) Furthermore, the vehicle was sold with a latent defect resulting in prolonged failure of the engine's rod bearings. (FAC, ¶¶ 20‐25.) This defect renders the vehicle prone to costly repairs, engine stalling, and catast...
2019.7.23 Demurrer 238
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2019.7.23
Excerpt: ...allegations of the FAC, Plaintiff's mother passed away due to the negligent care of Defendants on January 26, 2017. (FAC, ¶ 11.) Plaintiff filed her initial complaint on April 26, 2018, and the FAC on April 10, 2019, which asserts a single cause of action for negligence: medical malpractice. On May 29, 2019, Defendants filed the instant demurrer to the FAC on the ground of failure to state facts sufficient to constitute a cause of action. (Code ...
2019.7.23 Demurrer 420
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2019.7.23
Excerpt: ...e to distribute, among other things, a condominium in Santa Cruz, California, and most of its contents to Plaintiff upon her death, but she specifically devised a bedroom set and artwork at the condominium to her niece, Mary Blakemore. In the fifth amendment to the Trust, Settlor directed the trustee to transfer the condominium and all of its contents to Ms. Blakemore; Plaintiff remained entitled to other Trust assets. Plaintiff alleges Settlor d...
2019.7.23 Demurrer 771
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2019.7.23
Excerpt: ...ral Background This action arises out of foreclosure proceedings initiated by Defendants against Plaintiff and a residential property owned by her in Santa Clara (the “Property”). According to the allegations of the FAC and judicially noticeable documents, on April 6, 2006, Plaintiff obtained a loan (the “Loan”) to purchase the Property which was secured by a deed of trust (the “DOT”) recorded on October 11, 2006. (FAC, Exhibit A; Def...
2019.7.23 Motion to Compel Deposition, Request for Sanctions 388
Location: Santa Clara
Judge: Pierce, Mark
Hearing Date: 2019.7.23
Excerpt: ...e fell as a result of the wet, polished concrete floor. (Complaint, ¶¶ GN‐1, Prem.L‐1, & Prem.L‐2.) At the time of the accident, there was no sign indicating that the floor was being washed. (Id. at ¶¶ GN‐1 & Prem.L‐1.) The on‐duty manager of the store admonished the clerk and stated he would open the entrance door so the floor would dry faster. (Ibid.) The incident was witnessed by employees, customers, and other people in the st...
2019.7.23 Motion to Compel Further Responses, Request for Sanctions 049
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.7.23
Excerpt: ...duction of documents (“RPDs”) on ITboons. On February 19, 2019, after agreeing to an extension to provide responses, ITboons provided responses. On March 8, 2019, counsel for Sun and UCTek, James Chadwick (“Chadwick”) sent a meet and confer letter, raising issues with regards to ITboons' and Garg's responses. On March 15, 2019, counsel for ITboons and Garg, Ethan Solove (“Solove”) responded, stating he was busy but would respond by Ma...
2019.7.23 Motion to Strike Complaint 110
Location: Santa Clara
Judge: Pierce, Mark
Hearing Date: 2019.7.23
Excerpt: ...oper and fraudulent attempts to seize Plaintiff's real property, interfere with his finances, etc. The original and operative Complaint filed by Plaintiff in this Court on March 8, 2019 against ABS and others states claims for 1) Fraud and Deceit; 2) Negligent Misrepresentation; 3) Intentional Misrepresentation; 4) Conversion; 5) Intentional Interference with “Prospective Economical Advantage”; 6) Negligent Interference with “Prospective Ec...
2019.7.19 Petition to Compel Arbitration 107
Location: Santa Clara
Judge: Kuhnle, Thomas E
Hearing Date: 2019.7.19
Excerpt: ...lations. The Complaint, filed on August 24, 2016, sets forth the following causes of action: (1) Failure to Pay Minimum Wage; (2) Failure to Pay Overtime Wages; (3) Unfair Competition; (4) Failure to Make Payment Within the Required Time; and (5) Failure to Indemnify Employees for Expenditures. Defendant Creative Agency Services Team, Inc. (“Defendant”) now moves to compel arbitration. The motion is opposed by plaintiff Roger Armstrong (“Pl...
2019.7.9 Special Motion to Strike 315
Location: Santa Clara
Judge: Lucas, Patricia
Hearing Date: 2019.7.9
Excerpt: ... child abuse. In the course of making their assessment, the medical professionals allegedly removed L.C. from Plaintiff Margariti's custody and performed examinations of L.C. (including a head CT scan) without Plaintiffs' consent. The First Amended Complaint (“FAC”), the operative pleading filed December 17, 2018, states seven causes of action against Defendants Stanford Hospital, Stanford Healthcare, Lucile Packard Childrens Hospital, Stanfo...
2019.7.9 Demurrer 665
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2019.7.9
Excerpt: ...purchase, Plaintiff received an express warranty pursuant to which HMA undertook to preserve or maintain the utility or performance of the Vehicle or to provide compensation if there was a failure in such utility or performance. (Id.) Plaintiff alleges that the Vehicle was delivered to her with serious defects and nonconformities to the warranty including, but not limited to, engine, transmission, electrical and exterior defects. (Complaint, ¶ 9...
2019.7.9 Motion to Quash Service of Summons 607
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2019.7.9
Excerpt: ...the garage was being repaired. Plaintiffs purport to assert causes of action against themselves for: (1) conspiracy; (2) fraud; (3) intentional misrepresentation; (4) fraud in contract formation; (5) breach of contract; (6) elder abuse; and (7) substandard housing. It appears they actually attribute the conduct giving rise to these causes of action to defendants Richard Hanson, Leonard Ataide 3 , Park West Condominiums, and Common Interest Manage...
2019.7.9 Demurrer 758
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2019.7.9
Excerpt: ...ment (“UPA”). (Id., ¶ 6 & Ex. 1.) In December 2016, Plaintiffs executed the “Limited Guaranty” (id., ¶¶ 8–9 & Ex. 2) in which they agreed to guarantee timely and complete payment and performance under an indemnity provision in section 9 of the UPA (id., ¶ 10 & Ex. 1 at pp. 47–52). In October 2018, Defendant accused Butler of failing to provide financial disclosures in conformity with section 5.5 of the UPA and demanded arbitration...
2019.7.9 Demurrer, Motion to Strike 619
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.7.9
Excerpt: ...nd their unborn child. (See FAC, ¶¶ 3, 5.) Plaintiffs' parents, Barbara and Lawrence Gawaldo (collectively, “parent defendants”) knew of his habitual drug use and his long‐standing predisposition for irresponsible, dangerous activity, and knew that Nicholas was intoxicated when they entrusted him with their vehicle. (See FAC, ¶¶ 3, 5.) On November 27, 2018, Plaintiffs filed the FAC against defendants Nicholas, Barbara and Lawrence Gawal...
2019.7.9 Demurrer 047
Location: Santa Clara
Judge: Lucas, Patricia
Hearing Date: 2019.7.9
Excerpt: ...Care demurred to the original complaint and on January 29, 2019 the Court adopted as final the uncontested tentative order sustaining that demurrer to all three causes of action on the ground that they failed to state sufficient facts. Ten days' leave to amend was granted expressly because it was the first pleading challenge and in spite of the opposition's failure to address how any of the claims could be amended to state sufficient facts. The o...
2019.7.9 Motion for Summary Adjudication 428
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2019.7.9
Excerpt: ...Decedent”), who died on October 26, 2016. (First Amended Complaint (“FAC”), ¶1.) Decedent was a resident of, among others, defendant Milpitas Care Center (“MCC”) from April 2016 to July 2016. (FAC, ¶¶2 and 5.) During their care and/or custody of Decedent, defendant MCC failed to develop and implement adequate skin integrity and infection control/ monitoring measures, which resulted in Decedent sustaining injuries requiring specialize...
2019.7.9 Motion to Compel Further Responses, Request for Monetary Sanctions 561
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.7.9
Excerpt: ...tiff was a model employee having countless positive company and customer performance reviews. (Id. at ¶ 12.) As a result of his excellent work ethic, Monarch later promoted Plaintiff to be a “Body Shop Manager.” (Ibid.) On May 12, 2017, Plaintiff learned that his father was taken to the emergency room as he could not feel the lower half of his body. (Complaint at ¶ 13.) The subsequent operation on Plaintiff's father uncovered an underlying ...
2019.7.9 Motion to Compel Production of Docs, Request for Monetary Sanctions 094
Location: Santa Clara
Judge: Lucas, Patricia
Hearing Date: 2019.7.9
Excerpt: ...e Services, LLC (“TBG West”), a licensed insurance broker and agent, to procure insurance for him. (Id. at ¶¶ 11, 15, 16, 41, 42, 47, & 48.) TBG West sold Plaintiff a disability insurance policy from Provident, an insurance company owned and operated by Unum Group. (Id. at ¶¶ 1‐3, 11, 14, 15, & 19.) Unum Group is allegedly Provident's alter ego and controls, directs, and supervises Provident's activities. (Id. at ¶¶ 2‐6.) When he pu...
2019.7.9 Motion to Compel Vocational Rehabilitation Evaluation 841
Location: Santa Clara
Judge: Lucas, Patricia
Hearing Date: 2019.7.9
Excerpt: ...App.5th 191, 199‐ 206. The motion is denied. Plaintiffs' request for sanctions is granted. On or before July 19, 2019, Defendants shall pay to Plaintiffs the sum of $1,000 as and for attorney fees incurred in connection with this motion. Defendants also move for a second mental examination of Plaintiff William Ferris. The motion fails to comply with Code of Civil Procedure section 2032.310(b) because it fails to set forth any of the specific pa...
2019.7.2 Special Motion to Strike 130
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.7.2
Excerpt: ...published additional false statements, specifically identifying Plaintiff as improperly disbursing funds to another individual without Board approval. (See complaint, ¶ 6.) Subsequently, the Board president, Paul Fong, sent an email in response, correcting Defendant's assertions, and stating that Defendant's accusations were not true. (See complaint, ¶ 7.) Plaintiff requested a retraction of the accusations. (Id.) Instead, however, on September...
2019.7.2 Motion to Strike Punitive Damages 143
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2019.7.2
Excerpt: ...on September 16, 2017. (Cross‐Compl., ¶ 5.) At the event, Carpenter attacked McCormack by jumping onto his back. (Cross‐Compl., ¶ 6.) McCormack had “to use physical force to defend himself and to remove [Carpenter] from his body.” (CrossCompl., ¶ 6.) On this basis, McCormack asserts a single cause of action against Carpenter for battery. McCormack alleges Carpenter intended to harm him and acted “with a willful and conscious disregar...
2019.7.2 Motion to Reopen Discovery 578
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2019.7.2
Excerpt: ...cussions with the principals of Vallco Shopping Mall, LLC (“VSM”), owners of real property known as the Vallco Fashion Mall located at 10123 North Wolfe Road in Cupertino (“Subject Property”), to exclusively represent VSM in connection with the sale of the Subject Property. (SAC, ¶¶7 – 8.) On or about August 2, 2011, VSM and plaintiff Nguyen entered into an exclusive right to sell agreement entitled “Owner‐Broker Agreement‐Vallc...
2019.7.2 Motion to Quash Service of Summons 029
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.7.2
Excerpt: ...d Amended Complaint (“TAC”), ¶ 56.) In 2009, Plaintiff's husband sold their shares to the company's CEO, defendant James Kucera, for $6,000,000. (TAC, ¶ 59.) Mr. Kucera financed a portion of the purchase price by executing a promissory note in favor of Plaintiff and her husband in the amount of $2,956,924 at an unspecified interest rate. (TAC, ¶ 59.) Plaintiff alleges her husband forged her signature on a novation of the promissory note th...
2019.7.2 Motion to Compel Discovery Responses 302
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2019.7.2
Excerpt: ...der the applicable Code of Civil Procedure sections. The motions are DENIED as presented. As responses and objections were served, there is no basis for a motion to compel responses nor a motion to deem admissions admitted. And as the proper motion(s) under such circumstances would be timely motions to compel further responses – which must be brought within 45 days of service of the responses – the motion is DENIED as untimely. The Court is w...
2019.7.2 Motion for Summary Judgment, Adjudication 796
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2019.7.2
Excerpt: ...nd advertises himself as an expert in Silicon Valley real estate as a means to solicit new clients. (Complaint, ¶9.) Plaintiffs Bihn Nguyen and Tien Thi Nguyen (“Plaintiffs”) retained defendant Thuan as a broker/agent for the purchase of property located at 842 Green Street in East Palo Alto (“Subject Property”) in or around July 2014. (Complaint, ¶11.) Defendant Thuan enticed Plaintiffs by marketing the Subject Property as having a “...
2019.7.2 Motion for Summary Judgment, Adjudication 605
Location: Santa Clara
Judge: Zepeda, Carrie
Hearing Date: 2019.7.2
Excerpt: ...nue, Suite 7933, Mountain View, California. (Complaint, p. 1:24‐28 & ¶¶ 3‐4, 9, 42, & 59.) Cordova is employed by Starbucks as the store manager. (Id. at ¶¶ 4 & 51.) Plaintiff Guillermo David Burger (“Burger”) was also an employee of Starbucks. (Complaint, pp. 1:24‐28 & 2:12‐14, ¶¶ 8 & 51.) As a Starbucks employee, Burger was entitled to one free pound of coffee per week and a discount on instore and online purchases. (Id. at ¶...
2019.7.2 Motion for Summary Adjudication 880
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2019.7.2
Excerpt: ...f their mother, Linda Balangue (“Decedent”), who died on October 26, 2016. (First Amended Complaint (“FAC”), ¶1.) Decedent was a resident of, among others, defendant Milpitas Care Center (“MCC”) from April 2016 to July 2016. (FAC, ¶¶2 and 5.) During their care and/or custody of Decedent, defendant MCC failed to develop and implement adequate skin integrity and infection control/ monitoring measures, which resulted in Decedent susta...
2019.7.2 Demurrer, Motion to Strike 152
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2019.7.2
Excerpt: ...uted by Defendant. (Complaint, ¶ 6.) In connection with the purchase, Plaintiff received an express warranty pursuant to which Defendant was to preserve or maintain the Vehicle's utility or performance, or provide compensation in the case of failure to either for a specified period of time. The warranty further provided that in the event a defect developed with the Vehicle during the warranty period, Plaintiff could deliver the Vehicle for repai...
2019.7.2 Demurrer 867
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.7.2
Excerpt: ...ntiff did not prevail in the civil action or subsequent appeal of that case. (Id. at p. 2:1‐2.) Stratton thereafter filed a malicious prosecution action against Plaintiff (Stratton v. Du Bois [Santa Clara County Case No. 2011‐1‐ CV‐ 199490]). (Id. at p. 2:3.) Plaintiff hired defendant and attorney Ismael Perez (“Perez”) to represent her in the malicious prosecution case. (FAC at pp. 4‐5, ¶¶ 2, 6‐8.) On April 20, 2016, defendant ...
2019.7.2 Demurrer 715
Location: Santa Clara
Judge: Zepeda, Carrie
Hearing Date: 2019.7.2
Excerpt: ...” (Complaint, ¶ 6.) Defendant also “subjected Plaintiff to harassment/discrimination/retaliation on the bases of race, ancestry, national origin, color, sex/gender, request for and exercise of reasonable accommodation/medical leave, disability, medical condition, association with someone of a protected class, opposition to/complaints about discrimination/harassment/ retaliation, and opposition to/complaints about threats of physical violence...
2019.7.2 Motion to Strike 302
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2019.7.2
Excerpt: ...iculty understanding and managing his own financial affairs and therefore his son and daughter‐inlaw, Defendants, offered to help him purchase a home. (SAC, ¶ 1.) On March 24, 2011, Plaintiff and Defendants purchased a residential property (the “Property”) located in Gilroy. (Id., ¶ 2.) When the Property was purchased, title was taken by the parties as joint tenants, with the intention that the home be a place for Plaintiff, whom the part...

6006 Results

Per page

Pages