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2023.06.22 Motion to Set Aside Dismissal 877
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.06.22
Excerpt: ...st Amended Complaint "FAC", 1.) Plaintiff initiated the lawsuit on April 8, 2019 and filed an FAC on July 8, 2019. On October 22, 2019, Plaintiff failed to appear for a further case management conference and the Court set an order to show cause why the case should not be dismissed for February 27, 2020. Plaintiff appeared at that OSC and the Court set a further CMC for June 23, 2020. On November 3, 21020, the Court held and the Plaintiff failed t...
2023.06.22 Motion for Judgment on the Pleadings 723
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.06.22
Excerpt: ...'s homeowners' association hired John Sachs to do some plumbing in Kondori's condominium. (Complaint, '1 11.) Sachs' work was allegedly defective and caused various damages to Kondori, who filed suit regarding the matter on January 29, 2016. (Complaint, '1 12.) One of the defendants in the action was Apex. (ld.) In doing the work on Kondori's condominium, Sachs falsely claimed to be doing business as Apex. (Complaint, 13.) Apex was owned and oper...
2023.06.22 Demurrer to FAC 741
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.06.22
Excerpt: ...t (Govt. Code 554950, et. seq.) ("Brown Act") when it awarded a contract for stables concessionaire at Bear Creek Stables to Chaparral Country Corporation ("Chaparral"). (FAC, '1 1.) Plaintiff alleges Midpen is a California voter created independent district, i.e„ a local government that provides specialized service to the public that local cities and counties do not provide and that Midpen is subject to California's laws pertaining to governme...
2023.06.22 Motion for Summary Judgment, Adjudication 452
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.06.22
Excerpt: ...ehicle") manufactured and/or distributed by KA. (SAC, 9.) 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 in a specified period of time. (ld., '1 10.) During the warranty period, the Vehicle contained or developed numerous defects including, but not limited to: defects relating to the ...
2023.06.20 Motion to Compel Further Responses 750
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.06.20
Excerpt: ...ntiff Santa Clara County Federal Credit Union ("Credit Union") alleges Defendants Avelino David Cargile and his mother, Caneisha Howell, opened a checking account with $.22 in it, fraudulent money orders (either directly or through a third party Jared Yarber) that the Credit Union initially accepted, then withdrew funds from the account creating a negative balance of $5,981.29. (Complaint, "5-6, 11-14.) On December 9, 2022, Credit Union served Re...
2023.06.20 Demurrer 412 (2)
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.06.20
Excerpt: ... from 2020 until November 8, 2021. (FAC, 3-4, 23.) In the summer of 2021, PCHA implemented a policy to collect its employees' health data. (FAC, 10.) PCHA specifically sought out Bobbit's COVID-19 vaccination status. (FAC, 11.) On August 9, 2021, Bobbit submitted her vaccination status to PCHA, in an attempt to get a "religious accommodation". (FAC, 12.) PCHA sought to obtain additional medical information from Bobbit by stating "she was required...
2023.06.15 Motion to Set Aside Default, Judgment 458
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.06.15
Excerpt: ...for breach of contract, negligence, fraud and deceit, intentional/negligent misrepresentation; violation of business and professions code section 17200 et. seq., and breach of the covenant of good faith and fair dealing. On December 30, 2020, Plaintiffs filed proofs of service for each of the three Defendants. Those proofs of service were signed under penalty of perjury by Gary Genest and state that Mr. Genest attempted to serve Defendants at 740...
2023.06.15 Motion to Set Aside Default 807
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.06.15
Excerpt: ...by false pretenses from Defendant Productfy, Inc. The claims allegedly arise out of a Master Subscription Agreement the parties entered on November 11, 2021. According to the Complaint, Taekus seeks $632,260.66 in compensatory damages (which it seeks to treble for count four) and restitution and attorneys' fees and costs. The Summons and Complaint were served on Productfy's agent for service of process on November 3, 2022. When Productfy failed t...
2023.06.15 Motion for Summary Adjudication 766
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.06.15
Excerpt: ...�� Quach & Lien LLC ("QL") — for the purpose of operating a supermarket in Santa Clara County. The day of QL's formation and registration, Quach also formed and registered QREI. (Complaint, 10-12, Exhibits A and 8.) Huynh, Lien, Lai, Irene Lee and QREI each received a percentage membership interest in QL in exchange for their respective initial investment amounts (totaling $2 million), with Huynh obtsning a 20% interest, Lien, Lai and Lee each ...
2023.06.15 Motion for Leave to File Amended Complaint 561
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.06.15
Excerpt: ...egligence. Plaintiffs, brothers Zachary and Michael Daniel Kow-tz, and their company Bay Surplus Technology, LLC ("Bay Surplus") hired Defendant/cross-complainant Michael David Kowitz (Zachary and Michael's father), at the urging of their grandmother (Michael's mother) Defendant Patricia Ladd, to work with them. (Third Amended Complaint ("TAC"), "1-4, 10.) In that capacity, Michael acted as Bay Surplu
2023.06.13 Motion for Attorney Fees 775
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.06.13
Excerpt: ...he three would own 33% of the business. The company was formed by "seven written agreements whereby Plaintiff was provided the role of Chief Technology Officer (CTO) landl Defendant with the role of Chief Executive Offcer (CEO) and President. . ." Plaintiff alleged that despite his understanding that he was a joint owner, Defendant "unduly fired Plaintiff from his position and company" depriving him of some $600,000 in unpaid wages in breach of t...
2023.06.08 Demurrer 332
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.06.08
Excerpt: ...tive AC, Wilson was employed by SoundHound, a digital voice application company, from approximately November 29, 2011 until August 30, 2019. (AC, 11'112-13.) Wilson, who was initially hired as a Principal Engineer and later promoted to Architect, created a significant amount of the company's intellectual property and was an integral employee. (ld., '1 14.) Over the course of his seven-and-a-half year employment, in addition to a yearly base salar...
2023.06.08 Demurrer 210
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.06.08
Excerpt: ...rence Tuggle, Jr. ("Decedent"), a 66-year old African American man, was admitted to Santa Clara Valley Medical Center ("VMC"). (Complaint, 19.) Decedent was discharged in a wheelchair on December 6, 2021 at 2:55 pm and was found approximately an hour and thirty-five minutes later, alone and nonresponsive in the VMC lobby. (ld., 21-23.) Efforts to resuscitate Decedent, which were supervised by Dr. Sobrero, were unsuccessful and he was declared dea...
2023.06.08 Demurrer 889
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.06.08
Excerpt: ...Atlas (the "Vehicle"). (Complaint, 15.) Defects and nonconformities manifested themselves within the applicable warranty period. (Complaint, 16.) Dardin-Box delivered the Vehicle to Cardinale for repair on numerous occasions, however, Cardinale failed to properly repair the Vehicle. (Complaint, 41-43.) Dardin-Box initiated this action on December 20, 2022, asserting: (1) violation of Song-Beverly Act- breach of express warranty; (2) violation of ...
2023.06.08 Motion for Judgment on the Pleadings 765
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.06.08
Excerpt: ...017 Ford F-150 (the "Vehicle"), which was manufactured and/or distributed by Ford. (FAC, 9.) In connection with the purchase, Plaintiffs received various warranties, including a 3-year/36,OOO-mile express bumper to bumper warranty, a 5-year/60,OOO-mile powertrain warranty which covers the engine and the transmission, as well as various emissions warranties that exceed the time and mileage limitations of the bumper to bumper and powertrain warrant...
2023.06.08 Motion for Summary Judgment 336
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.06.08
Excerpt: ...vided to Defendants' insured. Plaintiff is a medical services provider. (SAC, 1.) Defendant California Natural Products ("CNP"), a food preparations' business, arranges for the provision of health care services to its enrollees and the payment or reimbursement of the cost of those services. (ld„ '13.) HCS, a third-party claims administrator, works in such a capacity for CNP pursuant to a contractual agreement. (ld., 2, 10; HCS's Separate Statem...
2023.06.01 Motion to Correct Discovery Order 991
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.06.01
Excerpt: ...hearing concerned Plaintiff's Motion to Compel Defendants' Further Responses to Form and Special Interrogatories, Requests for Production and Requests for Admission and for Sanctions and Defendants' Motion for Protectve Order. The Court issued its tentative ruling on February 10, 2023, denying sanctions and granting, in part, the motions to compel and for protective order. However, the substance of those rulings is not the subject of Defendants' ...
2023.06.01 Motion to Compel Deposition of PMK, for Sanctions 332
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.06.01
Excerpt: ... and deposition dates for SoundHound's person most knowledgeable deposition. Plaintiff first asked SoundHound for dates in November 2021. Plaintiff followed up again on February 4, 2022 and June 24, 2022 and did not receive dates. On July 18, 2022, Plaintiff served a notce of deposition for August 17, 2022. On August 11, 2022, SoundHound served objections, stated it "will not be producing a witness on August 17, 2022" and provided no alternative ...
2023.06.01 Motion for Judgment on the Pleadings 800
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.06.01
Excerpt: ... to live together until 2019. (FAC, 4.) Around December 2012, they got married. (FAC, 5.) In December 2014, they had a wedding reception and invited their friends and family to celebrate their union. (FAC, '16.) In June 2014, they moved into a house they picked and purchased together, located at 10791 Dougherty Avenue, Morgan Hill, California 95037 (the "Property"). (FAC, '1 7.) Dang's friends and family loaned her approximately $140,000, which s...
2023.06.01 Motion for Attorney Fees 454
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.06.01
Excerpt: ...ection 17200 et. seq. Defendants answered the complaint on December 19, 2019. According to the Complaint, Mr. Bettelheim owns a condominium unit in the Pigeon Loft Condominium Project ("Property"). (Complaint, 93.) Defendant Lorenzo Rios was acting as the director on the board of the Pigeon Loft Condominium Association ("HOA") despite not being elected to that position. (Complaint, 94.) Defendant Norma Rios is his wife, also acted as a director o...
2023.06.01 Demurrer to FAC, Motion to Strike 419
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.06.01
Excerpt: ...his action arises out of an allegedly wrongful foreclosure of a residential property. According to the operative FAC, in August 2004 Turner purchased the property located at 315 Grandpark Circle in San Jose (the "Property"), which was secured by a Deed of Trust ("DOT") held by World Savings Bank. (FAC, 9-10.) The DOT is now held by both Shellpoint and Trinity; Trinity foreclosed on the Property by virtue of its position as second lienholder and s...
2023.05.30 Motion to Quash Service of Summons 312
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.05.30
Excerpt: ... On December 29, 2022, Plaintiff filed its Proof of Service of Summons ("Proof of Service"). The initial proof of service filed with the Court reflects substituted service having been effectuated at 1746 Comstock Lane, San Jose, California ("Comstock Residence") on December 28, 2022 at 11:08 AM by registered process service Tasia Stone ("Ms. Stone"). (See Plaintiff's Proof of Service, p. 1, "1 4, 5(b).) Ms. Stone delivered the documents to Maria ...
2023.05.30 Demurrer 621
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.05.30
Excerpt: ...ract with Sinaga, in which Defendants agreed to remodel the property located at 1277 Camino Ramon, San Jose, California 95125 (the "Property"), provide all the labor and materials, and complete the remodel in a good and workmanlike fashion. (Complaint, '1 13.) The contract price was for $351, 057.00. (ld.) Sinaga alleges she performed her obligations under the contract whereas Defendants breached the contract by performing negligent construction,...
2023.05.25 Motions to Compel 954
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.05.25
Excerpt: ..., Ma filed a cross-complaint against Malek for breach of contract, fraud, embezzlement, breach of fiduciary duty, account stated and breach of duty of good faith and fair dealing. Malek alleges he formed iTronix, a Silicon Valley based company specializing in in the contract manufacture of printed circuit boards used in electronic devices and their components. In January 2017, Malek agreed to transfer 15% of iTronix shares to Ma, such that from t...
2023.05.25 Motion to Dismiss 165
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.05.25
Excerpt: ...in August 2016 where the case was delayed for a period of one year. Based on the Complaint and attachments embedded therein, the case appears to arise out of an incident that took place while Rostram was an Uber driver in San Francisco on August 13, 2016. On June 13, 2019, the Court granted Uber's petition to compel arbitration. On December 17, 2021, the Court denied Uber's motion to dismiss ostensibly on the grounds that the issue of whether the...
2023.05.23 Motion for Protective Order, for Sanctions 427
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.05.23
Excerpt: ...nsolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay. These cases both arise out of a landlord tenant dispute. Urvashi Bhagat subleased a portion of property from Hong Guo. Min Zhu owns the property Mr. Guo subleased to Ms. Bhagat. The sublease was in violation of Mr. Guo's lease terms, and he was evicted along with his sub-lessors. In the small claims action, Mr. Guo is suing Ms. B...
2023.05.23 Motion for Attorney Fees 149
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.05.23
Excerpt: ...gment of $1. The Parties' fee agreement for the federal action included the following provision: "In any legal action or proceeding other than the fee arbitration, mentioned above, the prevailing party shall be awarded reasonable attorneys' fees and costs, incurred in such a proceeding." (Declaration of Hugo Torbet in Support of Mohon for Award of Attorney Fees ("Torbet Decl. 1"), Ex. A.) Law Firms sought and were awarded attorney fees by the dis...
2023.05.23 Motion to Strike 956
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.05.23
Excerpt: ...ix Creamery in San Jose, where her job duties and responsibilities included making ice cream with and cleaning the LB502 DGT, a batch freezer manufactured by Ali Holding S.r.l. and its wholly owned subsidiaries, defendants Carpigiani North America ("Carpigiani") and Ali Group North America ("Ali Group") and distributed by JTB. (FAC, "15-7, 17.) Plaintiff alleges she suffered serious injuries to her left hand as the result of defects in the freeze...
2023.05.23 Motion to Compel Further Responses 323
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.05.23
Excerpt: ...ok some of his personal property, including an audio recording containing information Plaintiff claims is necessary for another lawsuit. By this motion, Plaintiff seeks an order compelling Defendant to further respond to two form interrogatories: 12.1 State the name ADDRESS, and telephone number of each individual: (a) who witnessed the INCIDENT or the events occurring immediately before the INCIDENT; (b) who made any statement at the scene of th...
2023.05.23 Motion to Compel Production of Docs, for Sanctions 732
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.05.23
Excerpt: ...ners of property located at 2140 High Street in Palo Alto ("the Property"). In November 2021, Plaintiffs contracted with Defendants Compass California II, Inc., Carol Carnevale, Nicole Aron, James Steele and Zachar Trailer to sell the Property, which had been their long time home. (Complaint, "1-2.) Plaintiffs allege Defendants told them the Property was worth $3.5 million and that Plaintiffs would receive at least that price for the Property if ...
2023.05.23 Motion to Set Aside Default 500
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.05.23
Excerpt: ... On June 16, 2021, Duarte filed a cross-claim against Perez seeking damages of $15,000, purportedly arising out of the same real estate transacton. At the time Duarte filed her cross-complaint, Perez was represented by attorney Timothy A. Pupach. Perez is now represented by different counsel. Mr. Pupach swears that, despite the proof of service indicating service of the cross-complaint by mail, Mr. Pupach never received the crosscomplaint and kne...
2023.05.18 Motion to Compel Physical Exams 864
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.05.18
Excerpt: ...sco Henriquez and Prudential Overall Supply (collectively, "Defendants"). According to the Second Amended Complaint ("SAC") and Plaintiffs' discovery responses, on June 30, 2020 Plaintiff was hit by a truck at or near 5601 Great Oaks Parkway in San Jose California while walking to work. (SAC, MV-I; Declaration of Laurie J. Elza ("Elza Decl."), 93.) It appears Defendant Francisco Henriquez was driving the truck in the course and scope of his emplo...
2023.05.18 Motion to Compel Further Responses 331
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.05.18
Excerpt: ...laint, 91.) Plaintiffs brought this action for negligence/wrongful death, strict liability, negligence (post sale), and survival against Tesla, Inc. on March 12, 2021. Plaintiffs claim their parents were traveling in a 2019 Tesla Model 3 on August 12, 2020 at approximately 11:20 a.m. on highway 85 in the northbound direction, that David Brown was using Tesla's Autopilot features, and the car automatically accelerated without David Brown's knowled...
2023.05.18 Motion for Interlocutory Judgment 606
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.05.18
Excerpt: ...ther Marson Blair Hull, Jr. transferred the Property to Jeffrey and Jeffrey's younger sister, Courtney Hulll "not as joint tenants, but as tenants in common." (Complaint, Ex. 3; Plaintiff's Separately Bound Exhibits ("PS8E", Ex. A.) The Grant Deed from Blair to his two children was recorded. Jeffrey and Courtney formed Montevina Road LLC (the "LLC") on November 19, 2018. (PSBE, Ex. C.) Jeffrey's and Courtney's signatures appear on the LLC agreeme...
2023.05.18 Demurrer 452
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.05.18
Excerpt: ...ntiffs filed a class action in the U.S. District Court for the Northern District (the "Federal Action") on behalf of themselves and other similarly situated former employees who worked for Alta for failing to comply with the federal Worker Adjustment Retraining Notification Act ("WARN Act") (29 U.S.C. S 2101, et seq.) and the state equivalent (Labor Code S 1400, et seq.). (Complaint, 1.) Class certification was granted in the Federal Action in Ma...
2023.05.16 Motion to Compel Deposition of PMQ 663
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.05.16
Excerpt: ...d not purchase the "Full Driving Capability Package." According to Tesla, Autopilot prov-des numerous warnings and instructions to its users, both in the manual and in the car while the Tesla is in use, making clear that drivers need to keep their hands on the wheel and "be prepared to take over at any time" even while Autopilot is engaged. Tesla also argues that consumers are made aware of Autopilot's limitations in areas where, for example, the...
2023.05.16 Motion for Summary Judgment, Adjudication 554
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.05.16
Excerpt: ... as to the Fourth Amended Cross-complaint ("4ACC") filed by crosscomplainants TGM, Wright and Iversen (collectively, "Cross-complainants"). Pursuant to California Rule of Court 3.1308, the Court issues its tentative ruling as follows: l. Background A. Factual 1. Complaint This is an action for breach of contract. According to the Complaint, PAPO is the owner of CTC, a real estate development project located in Palo Alto which includes the premise...
2023.05.16 Demurrer, Motion for Sanctions 527
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.05.16
Excerpt: ...n July 29, 2019. (See TAC at '1 4.) The original Complaint, the First Amended Complaint ("FAC"), and the Second Amended Complaint ("SAC") all list seven defendants on the caption page: the Board of Trustees of the Leland Stanford Junior University, Jane Duperrault, Lawrence Chu, M.D., Norma Leavitt, Susan Hoerger, Marc Tessier-Lavigne, and Ronald Pearl (collectively, "Defendants"). Darden alleges the following misrepresentations: 1. Job Advertise...
2023.05.11 Motion for Attorney Fees 285
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.05.11
Excerpt: ...es during the COVID-19 pandemic. As a result, Plaintiffs initiated this action and sought injunctive relief in this Court in October 2020. On November 2, 2020, the Court issued a temporary restraining order, and on November 24, 2020 issued a modified temporary restraining order and preliminary injunction enjoining Calvary from violating restrictions on indoor gatherings and requirements for face coverings and social distancing and from operating ...
2023.05.11 Motion for Summary Judgment, Adjudication 933
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.05.11
Excerpt: ..., in March 2016, Plaintiff started as a part-time sales consultant for Quantea. (Complaint, '1 19.) During his employment with Quantea, Plaintiff (1) was subject to Quantea's control and direction in connection with the performance of work; (2) performed work that was within the usual course of Quantea's business; and 5 (3) was customarily engaged in an independently established trade, occupation, or business of the same nature as that involved i...
2023.05.09 Motion to Set Aside Dismissal 031
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.05.09
Excerpt: ...d at an RV park owned by Defendant Equity Lifestyle Properties, Inc. ("Equity"), causing him to suffer severe injuries to his left shoulder. Plaintiff initiated this action on October 2, 2019 against Equity and Comco. In June 2021, Plaintiff took Jeff Gipson's deposition. Mr. Gipson is the owner of Comco and was identified as its person most knowledgeable. At that deposition, Mr. Gipson essentially testified that Comco did not remove "any of the ...
2023.05.09 Motion to Compel Arbitration 410
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.05.09
Excerpt: ...tion of Kelsey Jeup ("Jeup Decl."), 96; see also, Complaint.) Mr. McKenzie claims Zoom terminated him in retaliation for a medical leave he took during his employment and asserts the following claims: disability discrimination in violation of FEHA, failure to accommodate in violation of FEHA, failure to engage in the interactive process in violation of FEHA, retaliation in violation of FEHA, failure to investigate and prevent in violation of FEHA...
2023.05.09 Motion for Summary Judgment, Adjudication 703
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.05.09
Excerpt: ..., on February 16, 2018, plaintiff Sabri Gurbuz was at 1 Apple Park Way, Cupertino, California 95014 (the "Premises" or "AC2"). (Cause of ActionGeneral Negligence, GN-I.) He operated a bicycle on or about a sloped loose surface of a designated path linking structures causing the thin tires to lose stability, fall, and cause seriously bodily injury. (Ibid.) Defendants, and each of them, negligently owned, designed, constructed, managed, maintained,...
2023.05.09 Motion for Summary Judgment, Adjudication 189
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.05.09
Excerpt: ...FAC, on June 11, 2011, Plaintiff purchased a 2011 KIA Optima (the "Vehicle") manufactured and/or distributed by Defendant. (FAC, 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 a specified period of time if utility or performance failed. (ld„ '1 7.) During the warranty period, the Vehicle contained ...
2023.05.09 Demurrer, Motion to Strike 712
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.05.09
Excerpt: ...ded Complaint ("AC"), Plaintiff is an insurance company that issued a series of insurance policies to corporate insureds (the "Insureds") for coverage against cyber-related insurance risks. (AC, '1 2.) Defendant is a technology and software company that provides software for secure electronic file sharing and services to customers. (ld., 5.) Defendant developed and sold licenses for a software called File Transfer Appliance ("FTA"), which it mark...
2023.05.04 Motion to Set Aside Protective Order, for Sanctions 836
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.05.04
Excerpt: ...e Case Management Conference is continued to May 4, 2023. No later than 4 p.m. on Friday, April 28, 2023, Plaintiff is ordered to email to the Court, copied to Defendant, at [email protected]: (a) two redlines of its trade secret disclosures illustrating (1) what was changed from the first to second disclosure and (2) what was changed from its second to third disclosure; (b) an explanation of no more than one page for how its disclosure un...
2023.05.02 Motion to Compel Responses, for Sanctions 023
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.05.02
Excerpt: ...agreement with Golden Jubilee Properties, LLC ("Golden Jubilee") by which it would obtain a commission for brokering a lease agreement between Golden Jubilee and Round Table Pizza. Golden Jubilee contends it did not enter into a lease agreement with Round Table Pizza; entered into a lease agreement with Circle Pizza, thus it does not owe Guardian a commission. Guardian filed this lawsuit in Los Angeles County Superior Court on August 26, 2022, an...
2023.05.02 Demurrer 494
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.05.02
Excerpt: ... out of a motor vehicle accident. According to the SAC, decedent Sanan Altaye (the "Decedent") was employed as a commercial semitruck driver and operated a 2006 Freightliner Truck and 2009 Trailer in that capacity. (SAC, 8.) On November 18, 2015, the 2006 Freightliner and 2009 Trailer were taken out of operation by the California Highway Patrol ("CHP") after an officer conducted a Driver/vehicle Examination documenting numerous braking system vio...
2023.05.02 Demurrer 092
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.05.02
Excerpt: ...elief, that EBMS failed to properly pay Plaintiff for the medically necessary services, supplies, and/or equipment rendered to patent N.B. (the "Patent"), who was an enrollee and beneficiary of health plans sponsored, administered, and/or financed by E8MS. (FAC, '1 7-8.) Private Healthcare Systems ("PHCS") is a nonparty and it operates a preferred provider network ("PPO") in which PHCS indemnifies health care expenses, performs utilization review...
2023.04.27 Motion to Strike 254
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.04.27
Excerpt: ...s an action for defamation. According to the Complaint, Plaintiff was a law student at Santa Clara University, School of Law ("SCU") from 2019 to 2022. (Complaint, 1.) When Plaintiff was a teenager, he was convicted of a count of second degree armed robbery and received a strike. (Complaint, 18.) Since then, he turned his life around, pursued higher education at Ohlone College and then the University of San Francisco ("OSF"), where he graduated a...

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