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3362 Results

Location: Santa Clara x
2022.05.19 Motion to Strike Untimely Answer and Enter Validation Judgment 517
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2022.05.19
Excerpt: ... Answer and Enter Validation Judgment by plaintiff The City of San Jose Factual and Procedural Background This is a complaint for validation brought by the City of San Jose (“City”). The City brings this action to determine the validity of the proceedings and obligations relating to the City's issuance of one or more series of pension obligation refunding bonds, execution of a trust agreement and a bond purchase agreement, and approving addit...
2022.05.19 Motion for Leave to File SAC 329
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2022.05.19
Excerpt: ...ion for leave to file a Second Amended Complaint (“SAC”), which would add new allegations about meal and rest period violations. Defendants oppose Plaintiff's motion, urging that the allegations raise new claims that are barred by the statute of limitations and go beyond the scope of Plaintiff's PAGA notice letter submitted in 2018. As discussed below, the Court DENIES Plaintiff's motion, since the new claims he seeks to assert are untimely. ...
2022.05.19 Demurrer 190
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2022.05.19
Excerpt: ... was filed on August 3, 2020. After a stipulation by the parties that Plaintiff could amend again was entered on April 19, 2021 the operative Second Amended Complaint (“SAC”) was filed on April 23, 2021 and again on May 10, 2021. The SAC states six causes of action (none of which are listed on the caption page): (1) Fraud (no intent to perform), alleged against Cheng and Fan; (2) Intentional Interference with Contractual Relationship, alleged...
2022.05.19 Motion to Quash Service of Summons, to Dismiss 877
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.05.19
Excerpt: ...from her “in a series of illegal real estate/land acquisition schemes.” (FAC, ¶ 1.) Plaintiff initiated this action on April 8, 2019, and filed the operative FAC on July 8, 2019, asserting the following causes of action: (1) negligence; (2) breach of contract; (3) breach of fiduciary duty; (4) negligent infliction of emotional distress; (5) intentional infliction of emotional distress; (6) violations of Business & Professions Code, § 17200;...
2022.05.19 Demurrer 800
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2022.05.19
Excerpt: ...at the City is now using a new interpretation of its zoning code to prevent Bloom and its customers from installing the technology, not for any legitimate purpose, but to protect the financial interests of its municipal electric utility, Silicon Valley Power (“SVP”). As a result, Bloom brings this action for writ of mandate, violation of the California Environmental Quality Act (“CEQA”), constitutional violations, and other claims.9 Befor...
2022.05.19 Demurrer, Motion to Strike 822
Location: Santa Clara
Judge: Takaichi, Drew C
Hearing Date: 2022.05.19
Excerpt: ...TAC”] at ¶ 5.) Plaintiff was employed pursuant to both written and implied by conduct employment agreements with defendants Simply Green Plumbing and its owner, defendant Russell Stone (“Stone”). (Id. at ¶¶ 5, 7.) On March 14, 2018, defendant Stone seriously injured Plaintiff when he violently attacked him, punching him and head‐butting him in the face multiple times. (TAC at ¶ 7.) At the time of the incident, defendant Stone was act...
2022.05.19 Motion for Judgment on the Pleadings 358
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.05.19
Excerpt: ...March 28, 2014, Plaintiffs purchased a 2014 Mini Cooper S Paceman (the “Vehicle”), which was manufactured and/or distributed by Defendant BMW. (Complaint, ¶ 7.) In connection with the purchase, Plaintiffs received an express written warranty, including a 4‐year/50,000 miles bumper to bumper warranty, a 4‐year/50,000 miles powertrain warranty, which covers the engine and transmission. (Complaint, ¶ 8.) Plaintiffs also received a Federal ...
2022.05.19 Demurrer 482
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.05.19
Excerpt: ...mulated a fraudulent scheme to convince Costa to transfer the assets belonging to Dell Auto Body to Formico and Krueger. (Ibid.) The fraudulent scheme involved representations from Formico and Krueger that they would invest $1,500,000.00 in Dell Auto Body. (Ibid.) It also included representations that Formico, Krueger, and Costa would form a partnership and create a new business together called West Coast Collision Repair, Inc. (“WCCR”) (Ibid...
2022.05.19 Motion for New Trial or for Reconsideration or for Relief 887
Location: Santa Clara
Judge: Takaichi, Drew C
Hearing Date: 2022.05.19
Excerpt: ... Santa Clara County Superior Court case nos. 19CV349110 (Exhibit 1) and 20CV373193 (Exhibits 3‐6), and judgments entered in Santa Clara County Superior Court case nos 20CV361492 (Exhibit 2) and 20CV373013 (Exhibit 7) pursuant to Evidence Code section 452(d)(1). The actions involve plaintiff Mary Ly as a defendant brought by plaintiffs who are not parties to the instant lawsuit, and there is no offer of proof that the subject matter relates to t...
2022.05.19 Motion for Preliminary Approval of Settlement 953
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2022.05.19
Excerpt: ...Court is Plaintiff's motion for preliminary approval of a settlement. As discussed below, the Court is inclined to grant preliminary approval, subject to the parties' agreement to amend the release to conform with Amaro v. Anaheim Arena Management, LLC (2021) 69 Cal.App.5th 521 (Amaro). I. BACKGROUND According to the operative complaint, Plaintiff worked for Defendants as a non‐exempt, hourly employee from November 19, 2018 to November 21, 2018...
2022.05.19 Motion for Protective Order, for Monetary Sanctions 261
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.05.19
Excerpt: ...ttorney, Scott Talkov (“Talkov”). Sherry joins in the motion for Appointment of a Discovery Referee but denies that she or Talkov are to blame for any conflict. Liu opposes the motion to compel and the request for sanctions contending that Mei's counsel's motion was unnecessary and premature. Sherry and Liu both seek monetary sanctions against Mei and her counsel. Because both motions overlap in terms of the parties and attorneys involved and...
2022.05.19 Motion for Summary Judgment 173
Location: Santa Clara
Judge: Takaichi, Drew C
Hearing Date: 2022.05.19
Excerpt: ...he hook into Plaintiff's skull, causing substantial emotional and physical harm. (See complaint, third cause of action for IIED, ¶ IT1, subparas. 2‐5.) On October 8, 2019, Plaintiff filed a complaint against defendants Phan, Round Table Pizza, and Los Altos Round Table Pizza owners David and Pamela Levens, asserting causes of action for: 1) Negligence (against Round Table Pizza and David and Pamela Levens); 2) Battery (against Phan); and, 3) I...
2022.05.19 Motion to Compel Responses, for Monetary Sanctions 328
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2022.05.19
Excerpt: ...ent Law, Set One; (2) Form Interrogatories—General, Set One; (3) Requests for Admission, Set One; (4) Requests for Production of Documents, Set One; and (5) Special Interrogatories, Set One. Plaintiff seeks monetary sanctions in connection with each motion. After failing to respond to attempts to schedule an informal discovery conference (“IDC”) concerning these motions and to appear at the last case management conference on February 24, 20...
2022.05.19 Motion to Disqualify Opposing Counsel
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2022.05.19
Excerpt: ...May, 2015 through 2020, WSBC represented Plaintiff in the prosecution of her Petition to Reform a trust filed in 2012 in the San Mateo County Superior Court. Plaintiff's underlying Petition to Reform was filed to seek relief from various drafting mistakes made by Defendant and their attorney, Bruce Roberts, made in drafting the trust documents. Plaintiff's current malpractice action filed in June of 2021 seeks damages from the same drafting error...
2022.05.18 Demurrer, Motion to Strike 971
Location: Santa Clara
Judge: Lucas, Patricia
Hearing Date: 2022.05.18
Excerpt: ...f”) brings this action for breach of contract and fraud against defendant Fortinet, Inc. (“Defendant”). Plaintiff alleges that, following extensive negotiations and discussions, it purchased thousands of products from Defendant in an amount exceeding $10,000,000 between September 2017 and September 2018. (Second Amended Complaint (“SAC”), ¶¶ 4‐15.) The products included the Fortinet FortiGate models FG‐201E, FG‐ 500E, FG‐600D,...
2022.05.18 Motion for Leave to File FAC 498
Location: Santa Clara
Judge: Lucas, Patricia
Hearing Date: 2022.05.18
Excerpt: ... M. Lucas on May 18, 2022 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This consolidated action arises out of various alleged wage and hour violations. The Consolidated Complaint, filed by plaintiffs Randy Gines and Patricia Rios (collectively, “Plaintiffs”) on November 16, 2021, sets forth causes of action for: (1) Violation of Cal. Labor Code § 226(a) ; (2) Violation of Cal. Labor Code...
2022.05.18 Motion for Preliminary Approval of Class Action and PAGA Enforcement Action Settlement 218
Location: Santa Clara
Judge: Lucas, Patricia
Hearing Date: 2022.05.18
Excerpt: ...able Patricia M. Lucas on May 18, 2022 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class and Private Attorneys General Act (“PAGA”) action arising out various alleged wage and hour violations. The operative Second Amended Complaint, filed on July 9, 2020, sets forth the following causes of action: (1) Meal and Rest Break Violations (Labor Code §§ 200, 226.7, and 512,...
2022.05.18 Motion to Set Aside Dismissal 209
Location: Santa Clara
Judge: Lucas, Patricia
Hearing Date: 2022.05.18
Excerpt: ...hekar (“Petitioner”) filed a Petition for Writ of Mandate (“Petition”), alleging that respondent City of Monte Serene (“City”) had illegally declared that a project located at 18240 Daves Avenue, owned by respondent and real party in interest Peter G. Goll (“Goll”), was exempt from the California Environmental Quality Act (“CEQA”), and seeking declaratory and injunctive relief on that basis. // 2 1 2 3 4 5 6 7 8 9 10 11 12 13 ...
2022.05.17 Motions to Vacate Arbitration, to Confirm Arbitration Award 491
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2022.05.17
Excerpt: ... on an agreement between the parties; Mr. D'Aguiar opposed the motion. The Court granted the motion and this ruling was upheld on appeal. The parties therefore went to arbitration and held an arbitration hearing in December 2021. In February 2022, the arbitrator, in a written decision, ruled completely in favor of TMobile and gave no relief to Mr. D'Aguiar. Now Mr. D'Aguiar seeks to vacate the arbitration award and T‐Mobile seeks to confirm the...
2022.05.17 Motion to Dismiss 607
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2022.05.17
Excerpt: ...‐9.21 and the second is to enforce Government Code §25132. Pursuant to the proof of service filed by the County on February 22, 2022, Defendant was served with the Complaint on February 15, 2022. Defendant 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. Furthe...
2022.05.17 Demurrers, Motions to Strike 848
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2022.05.17
Excerpt: ...een O'Connor and Jerome O'Connor (collectively, “Plaintiffs”) are the personal representatives, surviving heirs, and successors in interest of decedent Dorothy Elaine O'Connor (“Decedent”). (Complaint at ¶ 3.) On October 25, 2020, the Decedent was admitted to the Emergency Room at Good Samaritan1 for generalized weakness and further care as a result of a fall she had taken two days earlier. (Complaint at ¶ 13.) Prior medical history and...
2022.05.17 Demurrer, Motion to Strike 321
Location: Santa Clara
Judge: Takaichi, Drew C
Hearing Date: 2022.05.17
Excerpt: ...See complaint, ¶¶ 5, 20.) Plaintiff invested $100,000.00 in Intero and undertook a massive expansion to identify potential franchisees for Intero and service those franchisees within the territory. (Id.) In return, Plaintiff was to receive a share of revenue from Intero's expanding network, including all “Additional Brands” within the territory for the next 50 years. (Id.) Only Intero could enter into a franchise sales transaction with a pr...
2022.05.17 Demurrer to FAC, Motion to Strike 205
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2022.05.17
Excerpt: ...Castro underwent a surgical procedure, performed by plaintiff Maia Chakerian, M.D. (“Dr. Chakerian”), to place an occipital nerve simulator manufactured by Bioness for the purposes of controlling her chronic pain, including severe headaches. (FAC, ¶ 11.) During the procedure, two Bioness employees were present and provided information and instructions to Dr. Chakerian concerning the implantation of the nerve simulator. (Id.) Dr. Chakerian an...
2022.05.12 Special Motion to Strike 666
Location: Santa Clara
Judge: McCracken, Joanne
Hearing Date: 2022.05.12
Excerpt: ...fy the issue to be contested when calling the Court and Counsel. Calendar Line #2 Case Name: Hartman v. George et al. Case No.: 21CV390666 This is an action arising from an easement dispute at Stafford Court, a private drive where Plaintiff Eric Hartman (“Plaintiff”) and Defendants Koshy P. George and Sheeba George (“Defendants”) reside. In addition to the parties' homes, there are three other residences at Stafford Court. I. Statement of...
2022.05.12 Motion to Compel Further Responses, for Monetary Sanctions 811
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.05.12
Excerpt: ...to Further Response to General Form Interrogatories, Set One; 3. Motion to Compel Defendant to Further Respond to General Form Interrogatories, Set Two 2; 4. Motion to Compel Defendant to Further Respond to Request for Production of Documents Plaintiff seeks monetary sanctions on all of the motions. The motions are opposed by Defendants and Defendants seek monetary sanctions. Although there are four separate motions before the Court, they all ari...

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