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2019.12.20 Motion for Preliminary Approval of Class Action Settlement, to File Amended Complaint 479
Location: Santa Clara
Judge: Kuhnle, Thomas E
Hearing Date: 2019.12.20
Excerpt: ...9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action arising out of various alleged Labor Code violations. The Complaint, filed on November 19, 2018, sets forth causes of action titled: (1) Meal Break Violations; (2) Rest Break Violations; (3) Inaccurate Wage Statements; (4) Failure to Permit Employee Inspection of Payroll Records; (5) Failure to Permit Employee Inspectio...
2019.12.20 Motion to Stay Action 770
Location: Santa Clara
Judge: Kuhnle, Thomas E
Hearing Date: 2019.12.20
Excerpt: ...The Court now issues its tentative ruling as follows: I. INTRODUCTION According to the allegations of the Complaint in this case (“Nichols PAGA”), filed on December 19, 2017, plaintiff Eric S. Nichols (“Plaintiff”) was hired by defendants Northrop Grumman Systems Corporation and Northrop Grumman Corporation (together, “Defendants”) in May 2010 as an hourly, non‐exempt employee. (Complaint, ¶ 10.) Plaintiff alleges Defendants violat...
2019.12.20 Motion for Preliminary Approval of Class Action Settlement 417
Location: Santa Clara
Judge: Kuhnle, Thomas E
Hearing Date: 2019.12.20
Excerpt: ...cember 20, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action arising out of various alleged wage and hour violations. The Class Action Complaint for Damages, filed on February 14, 2018, sets forth causes of action titled: (1) Violation of California Labor Code §§ 510 and 1198; (2) Violation of California Labor Code §§ 26.7 and 512(a); (3) Violation of Cali...
2019.12.20 Motion for Approval of Class Notice 886
Location: Santa Clara
Judge: Kuhnle, Thomas E
Hearing Date: 2019.12.20
Excerpt: ...hnle on December 20, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION These are two coordinated cases arising out of alleged Labor Code violations. The Turner case is a putative class action. Turner's Second Amended Class Action Complaint for Damages (“Turner SAC”), filed on July 1, 2019, sets forth causes of action titled: (1) Violation TENTATIVE RULING RE: MOTION FOR APPROVAL OF CLASS...
2019.12.20 Demurrer, Motion to Strike 045
Location: Santa Clara
Judge: Kuhnle, Thomas E
Hearing Date: 2019.12.20
Excerpt: ...tive ruling as follows: I. INTRODUCTION Plaintiff Elizabeth J. VanCleave (“Plaintiff”) brings this putative class action arising out of the alleged deceptive and misleading business practices of defendant Abbott Laboratories, Inc. (“Defendant”) with respect to the labeling and advertising of its PediaSure products in California and throughout the U.S. (Complaint, ¶ 1.) According to the allegations of the Complaint, filed on March 22, 201...
2019.12.20 Motion for Preliminary Approval of Settlement 053
Location: Santa Clara
Judge: Walsh, Brian C
Hearing Date: 2019.12.20
Excerpt: ...ies in California. (Class Action Complaint, ¶ 8.) Plaintiff worked for defendant as a non‐exempt employee from February 20, 2017 through June 25, 2018. (Id. at ¶ 7.) He alleges that SJBH failed to include non‐discretionary incentive pay in the regular rate of pay for purposes of calculating overtime, and consequently underpaid overtime hours and provided wage statements displaying inaccurate overtime rates. (Id. at ¶ 22.) Based on these al...
2019.12.19 Demurrers 956
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.12.19
Excerpt: ...Plaintiffs first commenced an action against Storer on April 6, 2017, several months after the fatal collision. (Case No. 17CV308243.) In 2018, Plaintiffs decided they wanted to name the City and the District as defendants, but had not presented these public entities with an administrative claim. Acknowledging that their deadline for doing so was July 3, 2017, Plaintiffs applied to the District and the City to present a late claim in August 2018....
2019.12.19 Motion for Summary Judgment 527
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2019.12.19
Excerpt: ...of a certain claim concerning real estate in Cupertino against defendant Chiu‐Chuan Wang (“Chiu‐Chuan”)5 and her husband Chuang‐ Min Chang (collectively, the “Changs”). (Complaint, ¶ 5.) On September 20, 2016, pursuant to the terms of a contract between Plaintiffs and the Changs, Wu sent a mediation demand via counsel to the Changs. (Id., ¶ 6.) Plaintiffs ultimately filed suit against the Changs several months later for torts aris...
2019.12.19 Motion to Void Special Motion 499
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2019.12.19
Excerpt: ...00341); (2) a civil harassment case, Ekaterina Berman v. Sergey Firsov (Santa Clara County Superior Court, Case No. 19‐CH‐ 008591); and (3) a civil harassment case, Sergey Firsov v. Evgeniy Babichev (Santa Clara County Superior Court, Case No. 19‐ CH‐008613). Defendant Ekaterina Berman (“Berman”), an attorney, represents Plaintiff's ex‐wife in the ongoing dissolution action. In that case, Berman helped her client file requests for o...
2019.12.19 Motion to Compel Further Responses, for Monetary Sanctions 512
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2019.12.19
Excerpt: ...��Subject Property”). (Second Amended Complaint (“SAC”), ¶¶5 and 16.) The Agreement was a partnership enterprise and contained two main components. (SAC, ¶17.) The first component was a service agreement wherein Asefi was to perform, or cause to be performed, certain work upon the Subject Property to improve its condition for re‐sale. (SAC, ¶18.) The second component was a partnership and/or joint venture between Asefi and Marifat whe...
2019.12.19 Motion to Compel Further Responses, for Monetary Sanctions 132
Location: Santa Clara
Judge: Pierce, Mark
Hearing Date: 2019.12.19
Excerpt: ...gatories, set two (“SI”), and for an award of monetary sanctions; and (3) the motion to compel Yifu to provide further responses to requests for production of documents, set two (“RPD”), and for an award of monetary sanctions.1 Factual and Procedural Background This is an action for retaliation. In April 2015, complainant X.Y. (“Complainant”) was hired to work as a cook for defendant Canton Prospect Inc. (“Canton”). (Complaint, ¶...
2019.12.19 Motion to Compel Further Responses 487
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2019.12.19
Excerpt: ... value of the contract was $2.27 million. (Id. at ¶ 6.) Plaintiff performed all covenants, promises and conditions under the contract, but Defendant has not paid Plaintiff as agreed. (Id. at ¶¶ 7, 8.) Plaintiff has sustained damages after payments received of not less than $1.05 million. (Id. at ¶ 9.) As a result, Plaintiff brings the SAC alleging (1) breach of written contract; (2) money had and received; (3) money paid; (4) money lent; (5) ...
2019.12.19 Motion to Compel Further Responses 323
Location: Santa Clara
Judge: Pierce, Mark
Hearing Date: 2019.12.19
Excerpt: ... Complaint, filed January 31, 2019, states three causes of action: 1) Violation of Labor Code §98.6; 2) Violation of Labor Code §1102.5, and; 3) Violation of Labor Code §6310. Currently before the Court is Plaintiff's motion to compel further (“supplemental”) responses to requests for production of documents (“RFPDs”), set one, which it propounded on all three Defendants. Discovery Dispute Plaintiff served its RFPDs on each of the thre...
2019.12.19 Motion for Summary Judgment 119
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.12.19
Excerpt: ...while working in the construction of a building at 222 North Wolfe Street in Sunnyvale. (See SAC, ¶ 3.) The general contractor was defendant Level 10 Construction L.P. (“Level 10 Construction”), and had the responsibility and duty to ensure all other contractors and subcontractors performed their work in safe and satisfactory manner, consistent with industry standards and all OSHA and CALOSHA safety regulations and standards. (See SAC, ¶ 11...
2019.12.19 Demurrer 252
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2019.12.19
Excerpt: ... an employee was membership in the California Public Employees' Retirement System (“CalPERS”). (Id. at ¶¶ 4, 6.) From September 2016 to October 2017, Plaintiff received a temporary promotion which included a 10% increase in her salary. (Id. at ¶ 24.) She applied for, but did not get the permanent position, so she resumed her prior position. (Ibid.) Shortly thereafter, Plaintiff met with Defendant's Benefits Program Administrator, Ms. Rodri...
2019.12.17 Demurrer 761
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2019.12.17
Excerpt: ...er this sum, Everest asserts a cause of action against Platinum for breach of contract as well as three common count claims (goods sold and delivered, book account, account stated). On June 5, 2019, Platinum, a California corporation, removed this action to federal court based on diversity jurisdiction, citing Everest's Texas citizenship.1 Initially, the district court issued an order to show cause why the action should not be remanded under the ...
2019.12.17 Motion for Summary Judgment 720
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.12.17
Excerpt: ...and into an uncovered, unguarded floor opening. (See Second Amended Complaint [“SAC”], first cause of action, ¶ GN‐1.) Plaintiff was injured on the site while performing work for his employer, West Coast Architectural Sheet Metal. (See Defendant Pyramid Painting, Inc.'s [“Pyramid”] Separate Statement of Undisputed Facts at No. 3.) Plaintiff alleges defendants negligently constructed, maintained, inspected, managed, supervised and/or co...
2019.12.17 Special Motion to Strike 102
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.12.17
Excerpt: ...tive Services (“CPS”) reports, school complaints, as well as allegations of child abuse and domestic violence. (Ibid.) As a result Defendants wrongfully obtained a restraining order against Plaintiff which has prevented him from working or passing a background check. (Complaint, p. 3.) Based on the foregoing, Plaintiff filed the complaint alleging causes of action for (1) malicious prosecution; (2) intentional infliction of emotional distress...
2019.12.17 Request for Monetary Sanctions 079
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.12.17
Excerpt: ...� 1.) He entered into contracts with United for employment as a Veterinarian, Associate Veterinarian, Hospital Medical Director, and Development Director. (Id. at ¶ 14.) He was subsequently voted onto the Board of Directors of United. (Ibid.) During Plaintiff's employment, Shirey and Moore engaged in conduct contrary to United's interests which led to tension between them and Plaintiff. (SAC, ¶ 20.) Likewise, Shirey and Moore attempted to under...
2019.12.17 Motion to Strike 891
Location: Santa Clara
Judge: Pierce, Mark
Hearing Date: 2019.12.17
Excerpt: ...nt “looked incapable of driving and caring for their son (extremely pale, eyes dialted [sic], body shaking and slurred speech).” (FAC, ¶ IT‐1.) Defendant had previously told his exwife that, while driving, “he suffered from double vision and short‐term memory loss,” “everything looked like a video game,” and “he could not keep his hands steady.” (Ibid.) When Defendant's ex‐wife told Defendant that he was in no condition to ...
2019.12.17 Demurrer 757
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.12.17
Excerpt: ... necessary and physician‐ordered services to the respective patients, and charged the reasonable value of services provided. (See SAC, ¶¶ 19, 28, 37, 45.) Two of the patients did not identify any health care coverage when they presented themselves to DMC, and DMC then registered them as uninsured; however, DMC later discovered that the patients were covered through Valley Health Plan, a public health plan operated by and through defendant Cou...
2019.12.17 Demurrer 471
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2019.12.17
Excerpt: ... consultancy business. (Complaint, ¶ 10.) In late 2016 and early 2017, Plaintiff began searching for an attorney who could provide the legal services component of her business. (Id., ¶ 11.) Plaintiff eventually met Defendant and the parties entered into an agreement (the “Agreement”) pursuant to which they agreed to share income and expenses equally and to essentially act as partners. (Id., Exhibit A.) Plaintiff was to provide office space,...
2019.12.17 Demurrer 129
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2019.12.17
Excerpt: ...efendant falsely induced Plaintiff to provide additional sums of money with the understanding that Plaintiff could become a legal immigrant to the United States if she invested $1 million or more in a U.S. company that employed at least 15 persons. (FAC, ¶7.) Defendant provided false financial data and documents relative to SSI to induce Plaintiff to provide money. (FAC, ¶8.) Over the following months, defendants caused Plaintiff to pay over to...
2019.12.17 Demurrer, Motion to Strike 075
Location: Santa Clara
Judge: Pierce, Mark
Hearing Date: 2019.12.17
Excerpt: ...launch AgShift as a “one‐stop agricultural data company that would aggregate and analyze farm data collected in real‐ time…to generate and sell recommendations and insights into production and market dynamics….” (Compl., ¶ 12.) On August 5, 2015, the parties orally agreed that Plaintiff would consult for this new company as a partner and cofounder with “50% equity….” (Compl., ¶ 13.) The parties never formalized this agreement ...
2019.12.17 Motion to Quash Deposition Subpoena 446
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2019.12.17
Excerpt: ...lva Dairy Farms, LP, DaSilva Dairy Management, Inc., and Joe DaSilva (collectively, “DaSilva Farms”), drove through a red traffic signal directly facing him without braking or swerving at the intersection at Dale Road and Kaiser Drive in the city of Modesto and collided with the Vehicle occupied by plaintiffs Holly Wright, Richard Wright III, Jeremy Wright, and decedents Ashleigh Wright and Curtis Lanch. (Second Amended Complaint (“SAC”),...
2019.12.13 Motion for Preliminary Approval of Settlement 736
Location: Santa Clara
Judge: Walsh, Brian C
Hearing Date: 2019.12.13
Excerpt: ... and logistics industries and maintains a facility in Santa Clara County. (Complaint, ¶ 8.) Plaintiff has worked for defendant for at least 10 years and is still employed there. (Id. at ¶ 7.) He alleges that he and other employees received wage statements that failed to list the address of the legal entity that employed them and the pay period start date. (Id. at ¶ 22.) Based on these allegations, plaintiff asserts claims for (1) violation of ...
2019.12.13 Motion to Stay All Proceedings 894
Location: Santa Clara
Judge: Walsh, Brian C
Hearing Date: 2019.12.13
Excerpt: ...eter Teti, Mary K. Bush, and Kelly A. Ayotte (collectively, the “Bloom Energy Defendants”) to stay all proceedings in this action in favor of a related federal action. The motion is opposed by plaintiffs. Defendants J.P. Morgan Securities LLC, Morgan Stanley & Co. LLC, Credit Suisse Securities (USA) LLC, KeyBanc Capital Markets Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Cowen and Company, LLC, HSBC Securities (USA) Inc., Oppenh...
2019.12.13 Motion for Preliminary Approval of Settlement 846
Location: Santa Clara
Judge: Walsh, Brian C
Hearing Date: 2019.12.13
Excerpt: ...laint, defendant provides mechanical engineering services in Santa Clara County. (Complaint, ¶ 8.) Plaintiff began his employment with defendant on January 16, 2017. (Id. at ¶ 7.) He alleges that he and other employees received wage statements that failed to list the pay period start date and the correct name of their employer. (Id. at ¶ 22.) Plaintiff also alleges that he experienced race‐based discrimination and harassment during his emplo...
2019.12.13 Motion for Preliminary Approval of Settlement 651
Location: Santa Clara
Judge: Walsh, Brian C
Hearing Date: 2019.12.13
Excerpt: ...corporation engaged in contracting work, including painting and plastering, headquartered in Santa Clara County. (Complaint, ¶ 8.) Plaintiff worked for defendant as a non‐exempt employee and received defective paystubs during his employment. (Id. at ¶ 7.) He alleges that he and other employees received wage statements that failed to identify the name and/or address of their employer. (Id. at ¶ 22.) Based on these allegations, plaintiff asser...
2019.12.12 Motion to Quash Service of Summons 029
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.12.12
Excerpt: ...��RiverBank”). 1 Although Plaintiff's allegations lack clarity, the theme of her pleading is that her husband, with the help of Kucera and his company JayKay and with the participation of entities such as RiverBank, arrogated to himself community assets in which Plaintiff had an interest. For example, Plaintiff and her husband were the majority shareholders of defendant Pantrol. (Third Amended Complaint (“TAC”), ¶ 56.) In 2009, Plaintiff's...
2019.12.12 Demurrer 108
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.12.12
Excerpt: ...n of Ohannes Atanian. (Complaint, Attmnt. BC‐2 at 6.) Ohannes executed an agreement with Plaintiff on behalf of Kimberly through power of attorney and as trustee of her special needs trust. (Ibid.) He paid Plaintiff using the bank accounts of the trusts. Plaintiff also provided care to Ohannes pursuant to a similar agreement. (Complaint, Attmnt. BC‐2 at 9.) Shortly thereafter, Ohannes revised his various trusts and appointed Trustee. (Ibid.) ...
2019.12.12 Demurrer 113
Location: Santa Clara
Judge: Pierce, Mark
Hearing Date: 2019.12.12
Excerpt: ... admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law.” (Piccinini v. Cal. Emergency Management Agency (2014) 226 Cal.App.4th 685, 688, citing Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) “A demurrer tests only the legal sufficiency of the pleading. It admits the truth of all material factual allegations in the complaint; the question of plaintiff's ability to prove these allegations, or ...
2019.12.12 Motion to Compel Further Responses 825
Location: Santa Clara
Judge: Pierce, Mark
Hearing Date: 2019.12.12
Excerpt: ...carcinogens and reproductive toxins. It does so by requiring businesses to give clear and reasonable warnings before exposing the public to a chemical that is on a comprehensive list of chemicals “known to the state to cause cancer or reproductive toxicity.” (Health & Saf. Code, § 25249.6.) Actions to enforce Prop 65 may be brought by California's Attorney General, any district attorney, certain city attorneys, or a city prosecutor with the ...
2019.12.12 Motion for Terminating Sanctions 397
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.12.12
Excerpt: .../or opposing party's attorney.” By order dated July 8, 2019, the Court ordered Plaintiff to serve responses to Form Interrogatories, Set One, Special Interrogatories, Set One, Request for Production of Documents, Set One, with responses to be served within twenty days after Defendants had served notice of entry of the order. The order also deemed requests for admissions admitted. The order was served by Defendants on July 15, 2019, but no respo...
2019.12.12 Motion for Summary Judgment, Adjudication 511
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2019.12.12
Excerpt: ...ecedent by 1 Plus 1 Senior Care Services Referral Agency to act as an independent contractor in providing caretaker services including, but not limited to, custodial care, management, and supervision of Decedent to prevent him from hazards, and to prevent him from physical harm and mental suffering. (Id.) Defendant so carelessly, negligently, and recklessly performed and provided in‐home senior caretaking services to Decedent and failed to prov...
2019.12.12 Demurrer, Motion to Strike 244
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.12.12
Excerpt: ...at in the event of a defect with the vehicle, it would be repaired. (See FAC, ¶ 7.) During the warranty period, the vehicle contained or developed defects relating to the steering system, the steering rack bushings, the steering gear, the power steering pump, acceleration, the sun roof drain, the front toe, the illumination of the tire low light, the amounts of pressures on brakes required to stop the vehicle, the front end of the vehicle, the d...
2019.12.12 Demurrer 155
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2019.12.12
Excerpt: ...peline purposes. (Id. at ¶ 2.) Defendant erected and maintain a water pipeline outside of the easement grant, and claim a prescriptive and/or equitable fifteenfoot wide easement. (Id. at ¶ 3.) As a result, Plaintiffs are seeking to quiet title against Defendant's claimed easement and allege causes of action for: (1) quiet title; (2) declaratory relief; and (3) injunctive relief. Presently before the Court is Defendant's demurrer. II. Judicial N...
2019.12.10 Motion for Summary Adjudication 297
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.12.10
Excerpt: ...View”), and others arises out of a dispute between business partners. According to the third amended complaint (“TAC”), GCI operates a licensed card room in San Jose, California. (TAC, ¶ 1.) From 2007 to June 26, 2016, Swallow was a director and secretary of GCI. (Id. at ¶ 5.) In addition, until June 9, 2017, Swallow held 12,500 shares in GCI, equaling fifty percent of the outstanding shares. (Ibid.) At that time, Peter V. Lunardi III and...
2019.12.10 Demurrer 235
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2019.12.10
Excerpt: ...Jon Stephen Clark, Hederandy James Santana, Hong Suen Chan, and Laurie Gerst. On July 26, 2019, Plaintiffs filed a Judicial Council form complaint against defendants asserting causes of action for: (1) Negligence—Motor Vehicle (2) General Negligence (3) Negligence Per Se (4) Negligent Entrustment of a Motor Vehicle On September 17, 2019, defendants Helen Chan and Hong Suen Chan filed an answer to Plaintiffs' complaint. On September 18, 2019, de...
2019.12.10 Demurrer 276
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2019.12.10
Excerpt: ... by the City of Los Angeles Department of Airports brought in San Mateo County Superior Court (“Underlying Action”). (Second Amended Complaint (“SAC”), ¶¶1 – 4 and 9.) In 2012, the Colets entered into a written fee agreement signed by Ralph Colet. (SAC, ¶9 and Exh. A.) Between June 2012 and January 22, 2013, the Colets agreed to make payments on the incurred legal costs and fees as clients of plaintiff Dincel and plaintiff Dincel Law...
2019.12.10 Demurrer 477
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2019.12.10
Excerpt: ...”). (First Amended Complaint (“FAC”), ¶12.) Defendant Lees employed defendant Vo as a general contractor. (FAC, ¶12.) Plaintiff Reyes was an employee or independent contractor of defendants Vo and Lees working at the Premises at the direct command of defendants Vo and Lees. (FAC, ¶13.) While in the course and scope of his employment with defendants Vo and Lees, plaintiff Reyes's hand was crushed by a vehicle owned by defendant Vo. (FAC, ...
2019.12.10 Demurrer 490
Location: Santa Clara
Judge: Pierce, Mark
Hearing Date: 2019.12.10
Excerpt: ...vings Bank, beneficial interest of which was transferred to Defendant. (Id. at ¶ 10.) In March 2017, Defendant recorded a notice of default on the Property, but thereafter received and accepted mortgage payments from Plaintiff. (Ibid.) Plaintiff contends that the notice of default was invalid because of the loan payments and also because it did not contact him to discuss loss mitigation options. (Ibid.) Prior to the notice of default, Plaintiff ...
2019.12.10 Motion to Quash Service of Summons 388
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2019.12.10
Excerpt: ...mination, among other things. According to the allegations of the operative SAC, Plaintiff was formerly employed as a Sales Representative, particularly in the Endoscopy Business Unit, for Stryker from April 2006 through May 2013 and July 2014 through December 2017. (SAC, ¶ 9.) In or around December 2014, shortly after Conley became Plaintiff's manager, she shared the news of her pregnancy with him and other members of the company's management. ...
2019.12.10 Demurrer, Motion to Strike 977
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.12.10
Excerpt: ...stead, in a space for identifying any unlisted or “other” cause of action asserted and attached, Plaintiff states: “CIVIL EXTORTION OF $1,000 ACTUAL PAYMENT TO RETURN PROPERTY WITH HOME MOVIES DEFENDENT [sic] THREATENED TO RELEASE UNLESS THE PLANTIFF [sic] PAID HER $ 10,000 OR MORE STATING ‘PAY ME OR I GO TO THE POLICE[.]'” (Compl. at p. 3.) Next, Plaintiff checked boxes identifying his damages as wage loss, loss of use of property, gen...
2019.12.10 Demurrer, Request to Enter Default 742
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.12.10
Excerpt: ... Raymond Baez.1 As to the listed defendants, the complaint names “HarmTheriault,” “GroupXII Prop LP,” “Midland Funding,” and “John Fernando Valencia.” (Complaint, ¶ 5.) There are no allegations regarding any Doe defendants. (See complaint, ¶ 6.) In the complaint's allegations regarding the damages claimed for wrongful death and the relationships of plaintiff to the deceased are “RAYMOND BAEZ SIBLING, TERESA BAEZ MOTHER[,] DAVI...
2019.12.10 Motion for Summary Judgment 852
Location: Santa Clara
Judge: Pierce, Mark
Hearing Date: 2019.12.10
Excerpt: ...fendant stopped making payments after July 2018 with $25,118.03 now owed to Wells Fargo. In its original and still operative Complaint filed January 16, 2019 Wells Fargo states two cause of action two causes of action: 1) Breach of Contact (a visa credit card agreement, alleging a failure to pay the $25,118.03 now owed), and; 2) Common Counts (seeking the same amount). Attached to the Complaint as exhibit 1 is a copy of Wells Fargo's “Consumer ...
2019.12.10 Motion to Compel Further Responses, to Compel Deposition, Request for Monetary Sanctions 966
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.12.10
Excerpt: ...d Nazim Ali (self‐represented) (“Ali”). On April 3, 2017, Ali applied for the following positions with Cisco: (1) Senior Security Consultant; (2) VPN Security Technical Support Engineer; (3) Hybrid Cloud Consultant; (4) Security Consulting Systems/Sales Engineer; (5) IT Auditor Engineer; (6) Security and Compliance Analyst; and (7) Corporate System Engineer. (First Amended Complaint [“FAC”] at ¶¶ 48‐55, 87.) Despite Ali's qualificat...
2019.12.10 Motion to Compel Further Responses 742
Location: Santa Clara
Judge: Pierce, Mark
Hearing Date: 2019.12.10
Excerpt: ...t are Plaintiff's separately filed (but largely identical) motions to compel further responses to: 1) Requests for Admission (“RFAs”) nos. 1 and 29, and; 2) Form Interrogatories 15.1 and 16.10. Both motions were filed on September 23, 2019 and both are opposed by Defendant. Background of the Discovery Dispute On May 17, 2019 (approximately six weeks after the Complaint was filed) Plaintiff propounded the discovery at issue. (See exhibit B to ...
2019.12.6 Motion to Designate Case Complex 866
Location: Santa Clara
Judge: Kuhnle, Thomas E
Hearing Date: 2019.12.6
Excerpt: ...fendant”) was a senior platform architect at Apple Inc. (“Plaintiff” or “Apple”). (Complaint, ¶ 2.) During his tenure at Apple, Defendant designed chips for a range of Apple products, including the iPhone and iPad. (Ibid.) Plaintiff alleges Defendant secretly considered how he could exploit the technology on which he was working and boasted about starting a new company with technology he believed Apple would have no choice to purchase....
2019.12.6 Motion for Preliminary Approval of Class Action Settlement 153
Location: Santa Clara
Judge: Kuhnle, Thomas E
Hearing Date: 2019.12.6
Excerpt: ... the Honorable Thomas E. Kuhnle on December 6, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action arising out alleged violations of the Fair Credit Reporting Act and similar California laws. The Complaint, filed on September 20, 2017, sets forth causes of action titled: (1) Violation of 15 U.S.C. § 1681b(b)(2)(A) (Fair Credit Reporting Act); (2) Violation of 1...
2019.12.6 Motion for Approval of Settlement of Labor Code PAGA, for Preliminary Approval of Class Action Settlement 672
Location: Santa Clara
Judge: Kuhnle, Thomas E
Hearing Date: 2019.12.6
Excerpt: ...ATIVE RULING RE: MOTION FOR APPROVAL OF SETTLEMENT OF LABOR CODE PRIVATE ATTORNEYS GENERAL ACT OF 2004 AND PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT Case No. 2019‐1‐CV‐355280 The above‐ entitled action comes on for hearing before the Honorable Thomas E. Kuhnle on December 6, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: TENTATIVE RULING RE: MOTION FOR APPROVAL OF PAGA SETTLEMENT AND PRELIM...
2019.12.5 Motion for Summary Judgment 596
Location: Santa Clara
Judge: Pierce, Mark
Hearing Date: 2019.12.5
Excerpt: ...endant(s) for purchases or cash advances by Defendant(s) or other persons with Defendant(s)' permission. The account is identified as credit account ending in 1006. The Defendant(s) was billed periodically throughout the credit relationship for the credit extended pursuant to the requirements of the Fair Credit Billing Act (15 USC Section 1666 et seq.) See an account record for account ending in 1006 attached as Exhibit ‘A'. The Plaintiff has p...
2019.12.5 Motion to Quash Subpoena 032
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.12.5
Excerpt: ... The Account allows Plaintiff's website to appear on Google searches when prospective clients seek an attorney. (Ibid.) The Account was suspended after Doe misrepresented to Google that Plaintiff's website is fraudulent, misleading and contrary to Google's code of conduct. (Id. at ¶¶ 4, 5.) Consequently, Plaintiff's business has suffered decrease in visibility and lost revenues. (Id. at ¶ 6.) As a result of the foregoing, Plaintiff brings the ...
2019.12.5 Motion to Quash Service of Summons, to Dismiss for Inconvenient Forum, to Stay Action or Transfer Venue 342
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.12.5
Excerpt: ...aint at ¶ 5.) Plaintiff's Assignor, LINKEDIN, entered into a written agreement with defendant Oakwood Systems Group, Inc. (“Oakwood”) where LINKEDIN agreed to deliver goods and services to Oakwood. (Id. at ¶ 19, Ex. 1.) Although demand for payment has been made, defendant Oakwood has failed and refused to pay the debt in the amount of $26,750. (Id. at ¶¶ 2, 10, 20.) The alleged debt, which is the subject of this lawsuit, has been assigned...
2019.12.5 Motion to Compel Further Responses 879
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.12.5
Excerpt: ...ransfers over a 17 day period totaling $46,683,232. Chakravarthy departed Ubiquiti soon after the loss, and Ubiquiti sought coverage for the alleged loss, pursuant to the Computer Fraud and Funds Transfer Fraud coverages of the Commercial Crime Policy issued by defendant National Union Fire Insurance Company of Pittsburgh, PA (“NUF” or “Defendant”). NUF denied coverage purportedly because the alleged loss did not fall within either insuri...
2019.12.5 Motion for Summary Judgment 298
Location: Santa Clara
Judge: Pierce, Mark
Hearing Date: 2019.12.5
Excerpt: ...r of the Estate, as Defendants. Plaintiff is self‐represented in this action. “[W]hen a litigant is appearing in propria persona, he is entitled to the same, but no greater, consideration than other litigants and attorneys. Further, the in propria persona litigant is held to the same restrictive rules of procedure as an attorney.” (Burnete v. La Casa Dana Apartments (2007) 148 Cal.App.4th 1262, 1267, internal citations omitted).) The FAC st...
2019.12.3 Demurrer 403
Location: Santa Clara
Judge: Pierce, Mark
Hearing Date: 2019.12.3
Excerpt: ...omplaint at ¶1.) The original and still operative Complaint in this action was filed by Plaintiffs Deanna Lacy (the alleged personal representative of Decedent's estate) and Kara Quirke (Decedent's surviving spouse) on July 30, 2019. The Complaint states three causes of action against seven named defendants and “Does 1‐100”: (1) “Violation of Government Code §§ 835, 815.2(A), 815.6, 835.2 and 840.4 (in essence a dangerous condition of ...
2019.12.3 Motion for Summary Judgment 507
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2019.12.3
Excerpt: ...urt. (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 owned by defendant RCS3 LLC and flew to Reno, Nevada to pick up defendant Mumbert and Decedent for transport to Santa Clara County for...
2019.12.3 Demurrer, Motion to Dismiss 162
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2019.12.3
Excerpt: ...iang”) in mid‐2014 to discuss the possibility of investing in defendant Zen Media Entertainment Group, Inc. (“Zen Media”). (First Amended Complaint (“FAC”), ¶22.) Defendants Deutsch and Liang told Plaintiffs that Zen Media was an investment firm focused on developing and investing in entertainment, social media, video games and mobile commerce companies. (FAC, ¶22.) Defendants Deutsch and Liang made material misrepresentations to Pl...
2019.12.3 Demurrer 715
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.12.3
Excerpt: ...their home. Best Build, in turn, hired subcontractor Lopez. Plaintiffs allege Best Build and its subcontractors, including Lopez, did not carry out the construction project in accordance with the specifications in the contract and with due care. Plaintiffs assert a cause of action against Best Build for breach of contract and a second cause of action against Best Build and all of its subcontractors, including Lopez, for negligence. Lopez argues t...
2019.12.3 Demurrer 565
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2019.12.3
Excerpt: ...2005, Plaintiffs obtained a loan of $632,000 from America's Wholesale Lender that was secured by a deed of trust for real property located at 4992 Mise Avenue in San Jose, California (the “Property”). (FAC, ¶ 10.) America's Wholesale Lender eventually transferred the loan to Countrywide Home Loans (“Countrywide”) who thereafter modified the loan in 2008. (¶ 11.) The modification reduced Plaintiffs' monthly mortgage payment to $2,500. (I...
2019.12.3 Motion to Compel Further Response, Request for Monetary Sanction 512
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2019.12.3
Excerpt: ...��Subject Property”). (Second Amended Complaint (“SAC”), ¶¶5 and 16.) The Agreement was a partnership enterprise and contained two main components. (SAC, ¶17.) The first component was a service agreement wherein Asefi was to perform, or cause to be performed, certain work upon the Subject Property to improve its condition for re‐sale. (SAC, ¶18.) The second component was a partnership and/or joint venture between Asefi and Marifat whe...
2019.12.3 Motion to Compel Further Responses 998
Location: Santa Clara
Judge: Pierce, Mark
Hearing Date: 2019.12.3
Excerpt: ...I, Set Two, on Defendant. (Declaration of Danny Ledezma in Support of Motion to Compel (“Ledezma Decl.”), ¶ 2, Exhibit 1.) After Defendant failed to provide timely responses, its counsel requested an extension. (Id., ¶ 6.) On July 25, 2019, Plaintiff's counsel granted the extension but noted that Defendant had waived all objections by failing to timely respond to the discovery requests. (Id., Exhibit 5.) On August 5, 2019, Defendant served ...
2019.12.3 Motion to Quash Subpoenas 311
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2019.12.3
Excerpt: ... 6.) He was subsequently hired as a regular employee. (Id. at ¶ 9.) Defendant promised to compensate Plaintiff 33 1/3 percent of the gross fees collected from projects assigned to him. (Ibid.) Plaintiff accepted the employment terms, but it immediately became clear that his position required substantial administrative work that did not directly lead to fee generation. (Id. at ¶ 11.) Consequently, Defendant modified his compensation agreement to...
2019.12.3 Motion to Strike 102
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.12.3
Excerpt: ...tive Services (“CPS”) reports, school complaints, as well as allegations of child abuse and domestic violence. (Ibid.) As a result Defendants wrongfully obtained a restraining order against Plaintiff which has prevented him from working or passing a background check. (Complaint, p. 3.) Based on the foregoing, Plaintiff filed the complaint alleging causes of action for (1) malicious prosecution; (2) intentional infliction of emotional distress...
2019.12.3 Motion to Compel Further Responses 275
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2019.12.3
Excerpt: ...f abuse and knowingly presented false reports of abuse to local and state authorities. Kamarei claims Bijan acted out of anger and jealousy because he was dating Bijan's ex‐wife, Tannaz Dastmalchi (“Tannaz”). In the cross‐ complaint, Kamarei asserts causes of action against Bijan for: (1) falsely reporting child abuse; (2) abuse of process; (3) intentional infliction of emotional distress; (4) negligent infliction of emotional distress; (...
2019.11.26 Motion to Strike 854
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2019.11.26
Excerpt: ...tion Procedures: The law and motion calendar in Courtroom 20 before Judge Matthew P. Guasco starts promptly at 8:30 a.m. Ex parte applications will be heard at the same time as matters on the law and motion calendar. Parties appearing by Court Call must check in with the Judicial Assistant by 8:20 a.m. No notice of intent to appear is required. Parties wishing to submit on the tentative decision must so notify the Court by e‐mail at Courtroom20...
2019.11.26 Special Motion to Strike, for Attorney's Fees 807
Location: Santa Clara
Judge: Pierce, Mark
Hearing Date: 2019.11.26
Excerpt: ...f about managing his savings. (First Amended Complaint [“FAC”] at ¶ 26.) Dan represented that the defendants would “only invest [Plaintiff's] savings in low‐risk stocks.” (Id. at ¶ 27.) “[Chiao] also indicated that [Pacific Bay] would collect a small percentage of [Plaintiff's] eventual investment returns as compensation for [Pacific Bay's] investment management.” (Ibid.) Plaintiff allegedly agreed to pay the defendants “reasona...
2019.11.26 Motion to Correct Clerical Error in Judgment, Amend Judgment Nunc Pro Tunc 227
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2019.11.26
Excerpt: ... stolo The following is a statement of the court's tentative ruling. The court may adopt, modify or reject the tentative ruling after considering the parties' oral arguments. The tentative ruling will have no legal effect unless adopted by the court. No notice of intent to appear is required. If you wish to submit on the tentative decision, you may send a telefax to Judge Borrell's secretary, Denise Arreola, at 805‐477‐5894, stating that you ...
2019.11.8 Motion for Monetary Sanctions, OSC Re Why Attorneys Should Not be Sanctioned 867
Location: Santa Clara
Judge: Kuhnle, Thomas E
Hearing Date: 2019.11.8
Excerpt: ...Kuhnle on November 8, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: I. INTRODUCTION This action arises out of alleged trade secret misappropriation. The Third Amended Complaint, filed on July 15, 2019, sets forth the following causes of action: (1) Breach of Contract; (2) Breach of the Covenant of Good Faith and Fair Dealing; (3) Unfair Business Practices; (4) Intentional Interference with Contractual R...
2019.11.7 Motion for Attorney Fees 602
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.11.7
Excerpt: ...e filed. The motion for attorney fees is DENIED. The Court finds that the contract language in question provides for an award of attorney fees only to a prevailing party in an arbitration, and does not apply to litigation before any arbitration was commenced. As no arbitration ever happened, Respondent is not entitled to attorney fees. This action commenced with a petition to compel arbitration filed in 2014, initially denied in 2015, went up on ...
2019.11.7 Demurrer 019
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.11.7
Excerpt: ...Recorder, stating that the deed of trust was assigned to Bank of America, National Association, successor by merger to LaSalle Bank NA as trustee for WaMu Mortgage Pass‐Through Certificates Series 2007‐OA6 Trust. (See complaint, exh. B.) On April 19, 2018, a grant deed was recorded with the Santa Clara County Recorder, granting Plaintiff's interest in the property to himself and Edward J. Perales (“Perales”) as tenants in common. (See Def...
2019.11.7 Demurrer 867
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.11.7
Excerpt: ...ourt entered a judgment for dissolution on November 30, 2010. (Id. at ¶ 12.) On June 24, 2009, Plaintiff filed a civil action against Stratton for sexual battery (case no. 2009‐1‐CV‐145620). (SAC at ¶ 11.) Plaintiff did not prevail in the civil action or subsequent appeal of that case. (Id. at ¶ 13.) On April 21, 2011, Stratton filed a malicious prosecution action against Plaintiff (case no. 2011‐1‐CV‐199490). (Id. at ¶ 14.) Plain...
2019.11.7 Demurrer, Motion to Strike 012
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.11.7
Excerpt: ... Arts (“SVDA”) and had danced on behalf of SVDA at Sobrato High School approximately 2 – 3 times each year. (FAC, ¶7.) During the 2014‐15 and 2015 – 2016 school years, plaintiff Jane Doe 3 was a student at Sobrato High School. (FAC, ¶8.) During that time, defendant Kevin Cole (“Cole”) sexually abused, molested, harassed, and/or assaulted plaintiff Jane Doe 3 on school grounds, many times in front of school staff. (Id.) Defendant C...
2019.11.7 Motion for Summary Judgment 852
Location: Santa Clara
Judge: Pierce, Mark
Hearing Date: 2019.11.7
Excerpt: ...g payments after July 2018 with $25,118.03 now owed to Wells Fargo. In its original and still operative Complaint filed January 16, 2019 Wells Fargo states two cause of action: 1) Breach of Contact (a visa credit card agreement, alleging a failure to pay the $25,118.03 now owed), and; 2) Common Counts (seeking the same amount). Attached to the Complaint as exhibit 1 is a copy of Wells Fargo's “Consumer Credit Card Customer Agreement & Disclosur...
2019.11.7 Motion to Compel Filing of Trade Secret Disclosure 646
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.11.7
Excerpt: ...de secret disclosure on July 5, 2019. Even though this should have mooted the motion which sought nothing more than an initial trade secret disclosure, on August 7, 2019, Defendant filed what it described as an “amended” motion to compel, without court approval, and that was nothing more than a declaration without any supporting memoranda. Plaintiff asked to continue the hearing so it could obtain and file an expert declaration, which the Cou...
2019.11.7 Special Motion to Strike and Demurrer 274
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2019.11.7
Excerpt: ... posing a security risk by hosting traffic from fraudsters, hackers, and criminals, including a group of individuals (known as the KlikVip gang) who distributed malware. According to Luminati, TMI published the report despite being notified in advance of a number of inaccuracies in it. TMI has also harmed Luminati and business partner Hola by using the antivirus software it makes to block customers from installing and using Hola's VPN application...
2019.11.7 Demurrer 058
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.11.7
Excerpt: ...otiated an oral agreement between Jyotish and Eclipse whereby Jyotish would provide “sales and business development activities” and build a sales team in exchange for the title “head of sales,” a 10‐percent interest in Eclipse, 11‐percent commission on gross sales, and “all amounts received over…the baseline markup on sales he made.”1 (FAC at p. 3.) Plaintiffs allege that subsequently, on June 5, 2018, Eclipse “put in writing�...
2019.11.5 Motion for Summary Judgment, Adjudication 129
Location: Santa Clara
Judge: Pierce, Mark
Hearing Date: 2019.11.5
Excerpt: ...tners who invested in a business, Happy Hollow Market, and real property together. The consolidated action includes the following cases: (1) Gurdial Dosanjh, et al. v. Mangal Singh, et al. (Santa Clara County Superior Court, Case No. 16‐CV‐293825) (“Lead Action”) (2) Gurdial Dosanjh v. Mangal Singh, et al. (Santa Clara County Superior Court, Case No. 16‐CV‐302129) (“Derivative Action”). On April 13, 2016, plaintiffs Gurdial Dosanj...
2019.11.5 Motion to Strike 877
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2019.11.5
Excerpt: ...dant Sean Webby conspired to steal a sign possessed by Plaintiff which expressed disapproval of the campaign to recall then‐judge Aaron Persky. (Complaint, ¶ 1.) Plaintiff further alleges that Defendant suppressed his free speech rights by “sending her minions to … shout him down at public events so that it was impossible for [him] to expose [Defendant]'s lies regarding Judge Persky,” caused several of his social media accounts to be sus...
2019.11.5 Motion for Summary Adjudication 246
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2019.11.5
Excerpt: ...an working for Defendant, a merchant services company that primarily assists businesses in handling debit and credit card transactions, in April 2012 as a merchant sales specialist. (SAC, ¶ 18.) Plaintiff alleges that her salary was materially lower than the salaries of similarly‐situated male employees, with the latter making $55,000 to $65,000, and that she never received periodic and performance‐based salary increases as others did. (Id. ...
2019.11.5 Demurrer, Motion to Strike 920
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2019.11.5
Excerpt: ...the warranty period, the vehicle developed numerous defects including a cooling system defect. (Id. at ¶ 31.) Plaintiffs brought the vehicle in for service on several occasions, but GM has been unable to repair the cooling system. (Id. at ¶¶ 12, 13, 14, 15, 16.) Plaintiffs sought buyback and/or restitution, but GM declined. (Id. at ¶ 10.) As a result, Plaintiffs bring the FAC alleging causes of action for: (1) violation of Civil Code section ...
2019.11.5 Demurrer 498
Location: Santa Clara
Judge: Pierce, Mark
Hearing Date: 2019.11.5
Excerpt: ...FAC, ¶ ¶ 8, 9.) The original interest rate was 8.875 percent per annum. (Id. at ¶ 10.) Pursuant to the loan agreement, Plaintiff agreed to a Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing, recorded after the closing. (Id. at ¶ 12.) Several months later, Plaintiff informed Defendant of a change in contact person for the purpose of communications related to the loan agreement. (FAC, ¶ 13.) The loan maturit...
2019.11.5 Demurrer 118
Location: Santa Clara
Judge: Pierce, Mark
Hearing Date: 2019.11.5
Excerpt: ...admitted to the Santa Clara Valley Medical Center on December 20, 2017 where his right foot was amputated. Plaintiff was discharged from the medical center “on or around” December 31, 2017. Plaintiff's original complaint was filed on January 18, 2019, stating claims for professional medical negligence and battery. It did not allege compliance with the Government Claims Act or provide an explanation for its filing more than a year after the in...
2019.11.5 Petition to Exclude Disclosure and Policy Limits, for Protective Order 196
Location: Santa Clara
Judge: Pierce, Mark
Hearing Date: 2019.11.5
Excerpt: ...xclude disclosure of policy limits or for a protective order is denied without prejudice to the making of an appropriate motion, objection, or other request to the arbitrator in the arbitration proceeding. Background This is the Superior Court companion case to an uninsured/ underinsured motorist arbitration proceeding pursuant to Insurance Code section 11580.2, subdivision (f). (Fenton decl., ¶¶ 1-5.) By this petition, claimant David Flores se...
2019.11.5 Motion to Compel Arbitration 180
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2019.11.5
Excerpt: ... the arbitration agreement, even though Ford is not a signatory to the arbitration agreement. Because Ford is not a signatory to the arbitration agreement, the Court, and not an arbitrator, must decide whether Ford can compel Plaintiff to arbitration. “The question of whether a nonsignatory is a party to an arbitration agreement is one for the trial court in the first instance.” (American Builder's Assn. v. Au‐ Yang (1990) 226 Cal.App.3d 17...
2019.2.14 Motion for Bifurcation and Severance 074
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2019.2.14
Excerpt: ...y defendants who will be going to trial are San Jose Yang LLC and Shuefei Yang. 2. The City will have to prove numerous elements to establish its claims against the current defendants, and many of these elements don't relate to the former defendants. But for the City to succeed on its SJMC Chapter 6.44 – based claim against the remaining defendants, it has “to prove up the operation of the illegal massage business” at the property in questi...
2019.2.14 Motion for Summary Judgment, Adjudication 652
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.2.14
Excerpt: ...fert (“Wolfert”) (collectively “Defendants”).4 As alleged in the fourth amended complaint (“4AC”), Ian's mother, Betty, resided at Magdalene, a residential care facility located at 994 Sobrato Drive, Campbell, CA. (4AC, ¶¶ 8, 15.) Magdalene was licensed by the state of California and owned, operated, managed, and supervised by Fe and Francisco. (Id. at ¶ 11.) Wolfert owned the premises on which Magdalene operated and acted as its u...
2019.2.14 Motion to Compel Deposition, Production of Docs, for Monetary Sanctions 581
Location: Santa Clara
Judge: Pierce, Mark
Hearing Date: 2019.2.14
Excerpt: ...n Electronics, Inc. (“OEI”), and Sentung, LLC (“Sentung”) (collectively, “Corporate Defendants”). (FAC, ¶ 1.) Prior to her death, she and the shareholders of Altest, including defendant Savann Seng (“Seng”), executed a buy‐ back agreement. (FAC, ¶¶ 15–17.) They agreed the shareholders of Altest would buy back her shares when she died at a price of $2,500 per share, subject to revaluation by unanimous agreement of the shareh...
2019.2.14 Demurrer 937
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2019.2.14
Excerpt: ...When required, Plaintiff obtains approval from a patient's managed health care plan to perform medical services. (Complaint, ¶ 9.) Plaintiff provided a consultation to R.C., a patient insured under the defendants' health plan. (Complaint, ¶¶ 11‐12.) On or about December 1, 2016, Plaintiff spoke with Anthem Blue Cross's client services representative named “Ronald” to verify R.C.'s healthcare coverage. (Complaint, ¶¶ 13‐ 14.) Plaintif...
2019.2.14 Demurrer 861
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.2.14
Excerpt: ..., confidante, companion, homemaker, housekeeper, cook, social‐companion[,] and advisor.” (Compl., ¶ 6.) In exchange, Defendant agreed to support Plaintiff financially. (Compl., ¶ 6.) They agreed to share equally the property acquired through Defendant's labor and skill, including their mobile home and several businesses. (Compl., ¶¶ 6–7.) They also agreed to divide their property equally if their relationship ended. (Compl., ¶ 6.) Defe...
2019.2.14 Demurrer 742
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2019.2.14
Excerpt: ...ons of the FAC, Martinez initially began working at First Quality in 2011 as a line cook. (FAC, ¶ 5.) Approximately three years later, he was promoted to the position of head chef, where he performed cooking duties approximately eighty percent of the time. (Id.) Gallegos was also hired in 2011, and experienced the same job trajectory as Martinez. (Id., ¶ 6.) Plaintiffs performed duties that were non‐exempt under both California and federal la...
2019.2.14 Demurrer 558
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.2.14
Excerpt: ...e president and chief executive officer while Defendant Kristine would be the chief financial officer and secretary. They agreed Defendants would contribute $1,000,000 in exchange for 49% of AHG shares and JinPing would contribute $1,000,000 for the remaining 51%. None of the shareholders would be paid a working salary. AHG was thereafter incorporated and registered in California. JinPing contributed $1,000,000 as agreed into a business account t...
2019.2.14 Demurrer 449
Location: Santa Clara
Judge: Pierce, Mark
Hearing Date: 2019.2.14
Excerpt: ...s causes of action against Defendants Rochelle Matkin, Quality Loan Service Corp., Barbara Lynn Simmons, Allan McGurk, Equity Center Real Estate, Nationstar Mortgage, LLC, Citibank, N.A., Wilmington Trust, N.A., BAC Home Loans Servicing, L.P. fka Countrywide Home Loans Servicing, Bank of America, N.A. and various Does (“Defendants”) The seven causes of action alleged are: (1) Fraudulent Transfer; (2) Conspiracy; (3) Temporary Restraining Orde...
2019.2.14 Motion to Compel Production of Docs, for Monetary Sanctions, to Continue Trial 790
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.2.14
Excerpt: ... also was made a minority shareholder. (See cross‐complaint (“XC”), ¶¶ 11‐13.) Chou is not a licensed accountant and thus could not conduct audits for clients on her own. (See XC, ¶ 14.) Wang had informed Chou on numerous occasions that if an audit was requested, Chou was required to contact Wang so she could manage the audit. (See XC, ¶ 14.) Despite these instructions, in 2012, Chou secretly conducted an audit for a client on her own...
2019.2.1 Demurrer 915
Location: Santa Clara
Judge: Walsh, Brian C
Hearing Date: 2019.2.1
Excerpt: ... browse and download Android Apps published by both Google and third‐party developers. (Complaint, ¶¶ 20‐ 22.) Through the Google Play Store, defendant offers digital products including songs, movies, television shows, and periodicals through paid subscriptions that are automatically renewed at the end of a definite term for a subsequent term or that continue until the consumer cancels (“In‐App subscriptions”). (Id. at ¶ 23.) To make...
2019.2.1 Motion to Stay, for Curative Action 433
Location: Santa Clara
Judge: Kuhnle, Thomas E
Hearing Date: 2019.2.1
Excerpt: ... its tentative ruling as follows: I. INTRODUCTION This is a putative class action arising out of various alleged wage and hour violations. On September 21, 2018, plaintiffs Crystal Fregoso, Adrianna Rodriguez, and Truc Bui (collectively, “Plaintiffs”) filed the First Amended Complaint (“FAC”), which sets forth the following causes of action: (1) Failure to Pay Overtime Wages; (2) Failure to Pay Minimum Wage; (3) Failure to Provide Mandate...
2019.2.1 Motion to Consolidate 717
Location: Santa Clara
Judge: Kuhnle, Thomas E
Hearing Date: 2019.2.1
Excerpt: ...hnle on February 1, 2019, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as follows: TENTATIVE RULING RE: MOTION TO CONSOLIDATE 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24 25 26 27 28 23 I. INTRODUCTION This motion concerns two putative class action cases filed against defendant S.J. Distributors, Inc. (“Defendant”). On August 24, 2018 Plaintiff Guadalupe Flores Elizarraraz (“Elizarraraz”) filed ...
2019.2.1 Motion for Preliminary Approval of Settlement 644
Location: Santa Clara
Judge: Walsh, Brian C
Hearing Date: 2019.2.1
Excerpt: ...s paid at a rate of $9.00 per hour during his employment in 2017, while the applicable minimum wage was $10.50 per hour as of January 1st of that year. (Id. at ¶ 24.) In addition, plaintiff alleges that non‐discretionary commission pay was not included in his regular rate of pay for purposes of calculating his overtime compensation. (Ibid.) Based on these allegations, plaintiff brings class claims for (1) failure to pay minimum wages in violat...
2019.2.1 Motion for Preliminary Approval of Settlement 473
Location: Santa Clara
Judge: Walsh, Brian C
Hearing Date: 2019.2.1
Excerpt: ...n the lead action (the First Amended Complaint or “FAC”), defendant Island Hospitality Management, Inc. provided hotel management services to hotels throughout California until December of 2014, when it converted to Island Hospitality Management, LLC. (FAC, ¶¶ 7‐8.) Among the hotels to which defendants have provided services is the Residence Inn by Marriott in San Jose. (Ibid.) Plaintiff Charmie Ruffy worked for defendants in San Jose as ...

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