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2706 Results

Location: Santa Clara x
2021.10.21 Motion to Compel Discovery 359
Location: Santa Clara
Judge: Takaichi, Drew C
Hearing Date: 2021.10.21
Excerpt: ...sustain a deviated septum, and suffer a traumatic brain injury. The injuries and resulting trauma and symptoms alleged in the complaint are summarized in the minute order of April 15, 2021, and will not be restated here. Plaintiff and defendant each have a motion to compel discovery set for hearing. Plaintiff's motion to compel On April 12, 2021, plaintiff filed the instant motion to compel defendant to provide further response to request for adm...
2021.10.21 Motion to Attorney Fees 439
Location: Santa Clara
Judge: Takaichi, Drew C
Hearing Date: 2021.10.21
Excerpt: ...e (“Opa Verde”). On November 18, 2014, Kaddu filed first amended complaint adding Arlette Gauze and Remy Sanouillet as cross defendants (“Sanouillets”) On August 4, 2015, Kaddu filed a third amended cross complaint (“TAXC”). The TAXC alleged that Cornet and Opa Verde breached a written contract entered into with Kaddu, that Sanouillets were liable for the breach of contract on theories of alter ego of Opa Verde, and that Kaddu was ent...
2021.10.21 Motion for Summary Judgment 841
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2021.10.21
Excerpt: ... contractor “in charge of safety and conditions of the real property.” (Id. at ¶¶ 9 & 74.) Plaintiff Jose Antonio Arcega Lopez (“Lopez”) was “employed by Cold Storage Design & Build, LLC [(Cold Storage Manufacturing (‘CSM')], a subcontractor on the … site.” (Id. at ¶ 76.) Highridge, H‐P, and SBCC allegedly “owned, controlled, leased, operated, maintained, surveyed, engineered, planned, designed, manufactured, assembled, dis...
2021.10.21 Motion for Sanctions 546
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2021.10.21
Excerpt: ...onetary and monetary sanctions against Plaintiff for asserted violations of the Court's March 22, 2021 order (the March 22 Order), which granted in part FEV's motion to compel Plaintiff to provide further responses to discovery requests. Plaintiff opposes the motion for sanctions and seeks monetary sanctions against FEV for bringing it. Also at issue is FEV and Innogy SE's motion to seal an exhibit filed in opposition to FEV's motion for summary ...
2021.10.21 Motion for Preliminary Approval of Settlement 407
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2021.10.21
Excerpt: ...tlement, which is unopposed. As discussed below, the Court GRANTS preliminary approval, subject to a few modifications to the class notice. I. BACKGROUND Defendant is a Washington corporation that owns, operates and/or manages SAVERS, a chain of second hand clothing stores throughout California. (First Amended Complaint (FAC), ¶ 1.) Plaintiff Rick Melead was employed at a Yorba Linda SAVERS as a non‐exempt sales clerk from October 2015 to Octo...
2021.10.21 Motion for Preliminary Approval of Settlement 318
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2021.10.21
Excerpt: ...tlement, which is unopposed. As discussed below, the Court GRANTS preliminary approval, subject to a few minor changes to the class notice. I. BACKGROUND As alleged in the operative Complaint, Defendant is a California corporation that provides property management services. (Complaint, ¶ 8.) Plaintiff began working for Defendant on April 4, 2018 and was terminated on September 4, 2019. (Id., ¶ 7.) She worked in Morgan Hill as a Community Manage...
2021.10.21 Motion for Preliminary Approval of Settlement 057
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2021.10.21
Excerpt: ... the modifications to the class notice and settlement agreement requested by the Court. I. BACKGROUND Veggie Grill sells food to the general public in restaurants in California, as well as gift cards. (Complaint, ¶¶ 15–16.) Within the 12 months before the Complaint was filed, Plaintiff visited a Veggie Grill location in California and used a gift card to make a purchase. (Id., ¶ 25.) Her remaining balance was less than $10, but Veggie Grill'...
2021.10.21 Demurrer, Motion to Strike 023
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2021.10.21
Excerpt: ...nes (or both) apply to save her claims against the second employer. The second employer, Defendant SJMEC, Inc., filed a demurrer to the First Amended Complaint (FAC) based on the untimely PAGA notice. The Court sustained the demurrer with leave to amend. Plaintiff filed a Second Amended Complaint (SAC), to which SJMEC again demurred, and then a Third Amended Complaint (TAC), which mooted the demurrer to the SAC. Now before the Court is SJMEC and ...
2021.10.19 Demurrer 734
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.10.19
Excerpt: ... 20. According to the allegations in the Complaint, Vahe and Dutchints solicited investment capital from Plaintiffs for the purposes of purchasing and developing multiple real properties for resale. Each of the Plaintiffs invested in a project whereby Rengstorff would develop property located at 570 S. Rengstorff Avenue in Mountain View. But, after Plaintiffs had invested in the project, Defendants failed to obtain the necessary entitlements with...
2021.10.19 Demurrer 911
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.10.19
Excerpt: ...VSC, a non‐profit organization, to provide soccer training for Plaintiff's two children. Brough is the owner of AVSC. Brough and AVSC hired Neal as a soccer coach. Neal engaged in a sexual relationship with Plaintiff's now ex‐ wife. On information and belief, Plaintiff alleges that Neal engaged in sexual acts with Plaintiff's ex‐wife at various AVSC events. Plaintiff contends on information and belief that AVSC failed to conduct a backgroun...
2021.10.19 Demurrer 981
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2021.10.19
Excerpt: ...t. I feel that Marcela [Serrano, the alleged “leasing manager” for Defendant] discriminated against me which is illegal under the fair housing Act.” As mentioned Plaintiff is self‐represented, which is sometimes referred to as appearing “in propria persona.” “[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...
2021.10.19 Motion for Judgment on the Pleadings 786
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2021.10.19
Excerpt: ... complaints stated a single cause of action for specific performance. Matsumoto demurred to the FAC and the demurrer was sustained by the Court (Hon. Barrett) in an order issued March 10, 2020, where the Court ruled that the sole cause of action for specific performance was time‐barred by Code of Civil Procedure (“CCP”) § 337. Plaintiff was granted 10 days' leave to amend. The operative Second Amended Complaint (“SAC”), which once agai...
2021.10.19 Motion to Compel Arbitration 008
Location: Santa Clara
Judge: Takaichi, Drew C
Hearing Date: 2021.10.19
Excerpt: ...urchase contract contains a provision for arbitration of disputes. On January 8, 2021, plaintiff filed complaint against defendant for violations of the SongBeverley Consumer Warranty Act, alleging three causes of action for violations of separate subdivisions of Civil Code section 1793.1, a cause of action for breach of express warranty (Civil Code sections 1791.2(a) and 1794), and a cause of action for breach of implied warranty of merchantabil...
2021.10.19 Motion to Strike or Tax Costs 783
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2021.10.19
Excerpt: ...y denied. Having prevailed at trial, Defendants submitted their memorandum of costs. DISCUSSION I. Applicable Law “Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.” (Code Civ. Proc., § 1032, subd. (b).) Items explicitly allowed as costs are set forth in Code of Civil Procedure section 1033.5, subdivision (a). Items expressly disallowed as cost...
2021.10.19 Special Motion to Strike, Demurrer 740
Location: Santa Clara
Judge: Takaichi, Drew C
Hearing Date: 2021.10.19
Excerpt: ...at real property located at 121 Vista Del Lago in Los Gatos, California. (Complaint at ¶¶ 6, 31.) Plaintiff Ronen purchased the subject property on January 28, 1994. (Id. at ¶ 31.) While difficult to determine, Plaintiffs allege multiple defendants, including mostly banks and other financial institutions, intentionally conned, tricked, and maliciously deceived plaintiff Ronen into signing fraudulent documents and instruments in connection with...
2021.10.14 Motion to Compel Arbitration 877
Location: Santa Clara
Judge: Takaichi, Drew C
Hearing Date: 2021.10.14
Excerpt: ... federal courts with jurisdiction over disputes arising in Palo Alto, CA are the forums to adjudicate disputes under the agreement. The offer and confidentiality agreement are considered by the parties to be an integrated employment agreement (“employment agreement”). These facts are largely undisputed. Thereafter, upon commencement of employment, defendant presented plaintiff with several documents, including a dispute resolution protocol ag...
2021.10.14 Motion for Summary Judgment, Adjudication 297
Location: Santa Clara
Judge: Takaichi, Drew C
Hearing Date: 2021.10.14
Excerpt: ...ed GCI out of bankruptcy, with Swallow and the Lunardis as equal 50% shareholders. (See UMF 2.) From 2007 until June 9, 2017, Swallow owned 12,500 shares of GCI, and the Lunardis or the Lunardi Family Living Trust (“Lunardi Trust”) owned the remaining 12,500 shares. (See UMF 3.) From 2007 until June 26, 2016, Swallow, Peter and Jeanine comprised GCI's Board of Directors. (See UMF 4.) On July 1, 2008, GCI elected to become a subchapter S corpo...
2021.10.14 Motion for Preliminary Approval to Modified Settlement 256
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2021.10.14
Excerpt: ...which is unopposed. On October 12, 2021, Plaintiff filed a supplemental submission and declaration explaining that the parties have modified the settlement to address the Court's concerns with its prior treatment of employees' claims under the federal Fair Labor Standards Act (FLSA). As discussed below, the Court GRANTS preliminary approval to the modified settlement, subject to a few further modifications to the class notice. I. BACKGROUND On Au...
2021.10.14 Motion for Preliminary Approval of Settlement 476
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2021.10.14
Excerpt: ...ow, the Court is inclined to grant preliminary approval, but requires further information to evaluate Plaintiff's motion. I. BACKGROUND Plaintiff was employed by Defendant from January 11, 2016 until March 9, 2018 as a non‐ exempt employee in Santa Clara County. (Complaint, ¶ 5.) She alleges that Defendant used a rounding system that systematically deprived employees of compensable hours by almost always understating the actual hours worked. (...
2021.10.14 Motion for Preliminary Approval of Settlement 151
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2021.10.14
Excerpt: ... due to the still‐toobroad scope of its release. I. BACKGROUND Plaintiffs are residents of California and Massachusetts who purchased SunPower Solar Modules12 in 2016. (Complaint, ¶¶ 11–14.) Installing a residential solar power system requires a substantial up‐front investment by the homeowner, to be defrayed by the benefits that the system will generate over its useful life. (Id., ¶ 21.) These benefits include utilities savings, tax ben...
2021.10.14 Motion for New Trial 871
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2021.10.14
Excerpt: ...l errors occurred at trial: 1. “First, the jury's verdict was inconsistent in that it ruled that the error at issue was unintentional but also not bona fide.” (9/3/21 MLG Opening Brief, at p. 2.) 2. “Second, the “bona fide element” was an error of law that never should have been presented to the jury.” (Id.) 3. “Third, the damages were overstated and not supported by admissible evidence.” (Id.) Ms. Guzman opposes this motion. I. L...
2021.10.14 Motion for Judgment on the Pleadings 160
Location: Santa Clara
Judge: Takaichi, Drew C
Hearing Date: 2021.10.14
Excerpt: ..., Plaintiff may be a “debt buyer.” (Ibid.) Defendant Juan Cano Salcedo (“Defendant”) is an individual who owns and lives at 1549 Mt. Palomar Drive in San Jose, California. (Complaint at ¶ 2.) Defendant is also the former owner of property located at 3025 Horsetail Drive in Stockton, California (the “Property”). (Id. at ¶ 5.) On February 7, 2007, Defendant opened a home equity line of credit in the maximum amount of $45,000 with Nati...
2021.10.14 Demurrer 451
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2021.10.14
Excerpt: ...lowing general allegations: In the early morning hours of August 25, 2019, Sunnyvale Police located a stolen car in the parking lot of a bar. Sunnyvale police officers placed a tire deflation device under the tires of the car. Defendant Stop Stick manufactured the deflation device. The officers watched Claudio Perez (“Perez”) exit the bar, enter the car and drive away. Police then tried unsuccessfully to activate the deflation device. The off...
2021.10.14 Demurrer 122
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2021.10.14
Excerpt: ...l properties: the Palm Valley Apartments; the Magic Sands mobile home park; Villa Teresa mobile home park; and La Buona Vita mobile home park. (FAC, ¶¶ 3–4, 7–8.) The Barbaccias' family friend Jack Previte managed their businesses and finances for many years. (FAC, ¶ 7.) In 2004, they executed a 10‐year management agreement delegating their responsibilities as trustees of the Barbaccia Trust to Mr. Previte and fixing compensation for his...
2021.10.14 Application for Determination of Good Faith Settlement, to Dismiss 600
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2021.10.14
Excerpt: ...plication for determination of good faith settlement, which the Court DENIES for the reasons discussed below. The Court GRANTS the City's application. Also at issue is the City's motion to dismiss plaintiffs Dara Keo, Armando Rutherford, Angelina Lopez, Conseulo Luna, Audelia Miranda, and Anselmo Morales for delay in prosecuting the action. SCVWD moves to join in this motion, and its joinder is GRANTED. As discussed below, the Court GRANTS the mo...

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