Excerpt: ...e. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 27 July 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION OF RESPONDENT FOR JUDGMENT ON THE PLEADINGS I. Statement of Facts. This is a medical malpractice action. The daughter of Plaintiff's underwent a brain surgery and subsequently died. This cause of action alleged t...

Excerpt: ...eet, San Jose. Any party opposing the tentative ruling must call Department 20 at 408.882.2296 and the opposing party no later than 4:00 PM on 27 July 2020. Please specify the issue to be contested when calling the Court and counsel. ORDER ON CROSS‐DEFENDANT TARRAR UTILITY CONSULTANTS' DEMURRER AND MOTION TO STRIKE TO THE CROSS‐COMPLAINT I. Statement of Facts. A. First Amended Complaint. Plaintiffs Dylan Nguyen and Julie Nguyen (collectively,...

Excerpt: ...party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 22 July 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION OF PLAINTIFF FOR REFERENCE I. Statement of Facts. Plaintiff filed this complaint on 13 February 2019. 2 The complaint seeks damages for breach of written contract and for declaratory relief. On or about 30 December 2015...

Excerpt: ...ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 20 July 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION OF DEFENDANT TESLA TO COMPEL BINDING ARBITRATION I. Statement of Facts. Plaintiff Jefferey Lee filed a Complaint36 on February 10, 2020 against Tesla Inc. d.ba. Tesla Motors, Inc., and Does 1 to 10, alleging the following seven causes of action inv...

Excerpt: ...y opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 20 July 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON NEW AGE ELECTRIC INC.'S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, FOR SUMMARY ADJUDICATION I. Statement of Facts. On or about 3 August 2016, plaintiff Milenko Lisica (“Lisica”), an employee of New Age Electric Inc. (...

Excerpt: ...San Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 20 July, 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDERS ON DEFENDANTS' DEMURRERS AND MOTION TO STRIKE I. Statement of Facts. Virginia Egan, Barbara Meehan, and Deborah Meehan (collectively “Plaintiffs”), individually and as successors‐in‐interest to Ave Maria M...

Excerpt: ...ny party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 13 July 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON PLAINTIFF'S MOTION TO BIFURCATE TRIAL OF CROSS‐COMPLAINT I. Statement of Facts. Plaintiff City of Santa Clara (the “City”) filed an eminent domain action against Defendant D.E. II Restaurants, Inc. (“D.E. II Restaur...

Excerpt: ...se. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 8 July 2020. Please specify the issue to be contested when calling the Court and Counsel. Please note: This tentative ruling addresses ONLY the MSJ/MSA and does not address the plaintiff's motion for leave to file a FAC (Line #6). This tentative ruling also assumes the court is GRANTING the plaintiff's motion for lea...

Excerpt: ...must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 6 July 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION OF PLAINTIFF TO COMPEL PMK DEPOSITIONS OF AXEL DANKE AND DAVID WAGNER; AND REQUEST FOR SANCTIONS. I. Introduction This is an action for wrongful termination, sexual harassment, and retaliation brought by plaintiff JAMES ENGLEHART (“Plaintiff” or “Eng...

Excerpt: ...tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 6 July 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDERS ON (1) DEFENDANT APPLE, INC.'S DEMURRER; AND (2) DEFENDANT APPLE, INC.'S MOTION TO STRIKE I. Statement of Facts. Plaintiff Trieu Pham (“Pham”), an American man of Vietnamese national origin and ancestry, worked for defendant Apple, Inc. (“App...

Excerpt: ... Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 29 June 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON (1) DEMURRER OF DEFENDANT LORI A. ADAM TO COMPLAINT OF SINE‐TIFIC SOLUTIONS, INC.; AND (2) MOTION BY DEFENDANT LORI A. ADAM TO STRIKE PORTIONS OF COMPLAINT OF PLAINTIFF SINE‐TIFIC SOLUTIONS, INC. I. Statement of...

Excerpt: ...se. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 23 March 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON (1) DEFENDANT COVIA COMMUNITIES DBA WEBSTER HOUSE AND MELISSA FREDERICK, M.D.'S DEMURRER TO PLAINTIFFS' SECOND AMENDED COMPLAINT; AND (2) DEFENDANT COVIA COMMUNITIES DBA WEBSTER HOUSE AND MELISSA FREDERICK, M.D.'S MOT...

Excerpt: ...ng the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 10 June 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION TO DISMISS OR STAY THE ACTION ON GROUNDS OF FORUM NON CONVENIENS I. Statement of Facts. Plaintiff Sarah Van Mantgem traveled to Germany to undergo artificial disc replacement surgery wherein three Spinal Kinetics M6‐C artificial ...

Excerpt: ... tentative ruling must call Department 20 at 408.882.2296 and the opposing party no later than 4:00 PM on 10 June 2020. Please specify the issue to be contested when calling the Court and counsel. ORDER ON DEFENDANT APPLE INC.'S DEMURRER TO THE FIRST AMENDED COMPLAINT I. Statement of Facts. This is an employment case. In April 2017, plaintiff Syed Nazim Ali (“Ali”) (self‐represented) applied to 14 different open positions with defendant App...

Excerpt: ...developing Zombie Gunship (“ZG”), a game that involved shooting zombies from an airplane. (Complaint, ¶10.) A developer working with defendant LSI named Sanders Van Rossen (“Van Rossen”) came up with the original idea for ZG. (Id.) The parties agreed to jointly develop ZG with rights to the game split 60% to defendant LSI, 20% to plaintiff HEI, and 20% to Van Rossen. (Complaint, ¶11.) The agreement was memorialized in a Letter of Intent...

Excerpt: ...ng the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 10 June 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION TO DISMISS OR STAY THE ACTION ON GROUNDS OF FORUM NON CONVENIENS I. Statement of Facts. Plaintiff Sarah Van Mantgem traveled to Germany to undergo artificial disc replacement surgery wherein three Spinal Kinetics M6‐C artificial ...

Excerpt: ...g the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 10 June 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, FOR SUMMARY ADJUDICATION OF ISSUES I. Statement of Facts. Plaintiff filed the complaint against Defendant on July 24, 2019. 2 On or about December 5, 2018, Defendant entered into written ...

Excerpt: ... tentative ruling must call Department 20 at 408.882.2296 and the opposing party no later than 4:00 PM on 10 June 2020. Please specify the issue to be contested when calling the Court and counsel. ORDER ON DEFENDANT APPLE INC.'S DEMURRER TO THE FIRST AMENDED COMPLAINT I. Statement of Facts. This is an employment case. In April 2017, plaintiff Syed Nazim Ali (“Ali”) (self‐represented) applied to 14 different open positions with defendant App...

Excerpt: ...ng the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 10 June 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION TO DISMISS OR STAY THE ACTION ON GROUNDS OF FORUM NON CONVENIENS I. Statement of Facts. Plaintiff Sarah Van Mantgem traveled to Germany to undergo artificial disc replacement surgery wherein three Spinal Kinetics M6‐C artificial ...

Excerpt: ...g the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 10 June 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, FOR SUMMARY ADJUDICATION OF ISSUES I. Statement of Facts. Plaintiff filed the complaint against Defendant on July 24, 2019. 2 On or about December 5, 2018, Defendant entered into written ...

Excerpt: ... tentative ruling must call Department 20 at 408.882.2296 and the opposing party no later than 4:00 PM on 10 June 2020. Please specify the issue to be contested when calling the Court and counsel. ORDER ON DEFENDANT APPLE INC.'S DEMURRER TO THE FIRST AMENDED COMPLAINT I. Statement of Facts. This is an employment case. In April 2017, plaintiff Syed Nazim Ali (“Ali”) (self‐represented) applied to 14 different open positions with defendant App...

Excerpt: ...ny party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 8 June 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON (1) MOTION TO COMPEL FURTHER RESPONSES AND DOCUMENTS RESPONSIVE TO DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS AND ELECTRONICALLY STORED INFORMATION (SET ONE) AND FOR MONETARY SANCTIONS AGAINST MIDLAND FUNDING, LLC; AND ...

Excerpt: ...osing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 8 June 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, FOR SUMMARY ADJUDICATION OF ISSUES I. Statement of Facts. Plaintiff James Englehart (“Englehart”) began working for defendant Seele, Inc. (“Seele”) in or around 8 July 2016 as ...

Excerpt: ...se. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 8 June 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON DEMURRER TO CROSS‐COMPLAINANTS' FIRST AMENDED CROSS‐COMPLAINT I. Statement of Facts. Plaintiffs Lewis Patrick (“Patrick”) and Joseph Lapham (“Lapham”) loaned a combined $50,000 to defendant Window Trim Kits,...

Excerpt: ...g the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 3 June 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION OF PLAINTIFF TO ENFORCE SETTLEMENT I. Statement of Facts. Plaintiff DISCOVER BANK filed a complaint against Defendant CRISTIAN BASILIO on July 3, 2018. 21 Plaintiff sued Defendant for non‐payment of Defendant's credit card account ...