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5994 Results

Location: Santa Clara x
2024.05.28 Motions to Compel Responses, for Monetary Sanctions 371
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2024.05.28
Excerpt: ...efore the initial hearing date o f 4/16/2024. Unless otherwise provided by law, all moving papers shall be served and filed at least 16 court days before the hearing. (Cal. Code Civ. Proc. (“CCP”) § 1005(b).) A “court day” for purposes of CCP section 1005 is any day where the court is no t closed due to a judicial holiday. (CCP § 133, 134, Cal. Gov. Code § 6701.) Here, Plaintiff electronically served Defendant with Motion #1 on 3/28/2...
2024.05.28 Motion to Strike 297
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.05.28
Excerpt: ...es. Acco rding to the SAC, Plaintiff went to the Burke Williams day spa in San Jose for her reserved facial on July 8th. (SAC, ¶ 13.) Using the women's locker room, Plaintiff removed all her clothing and put on a robe that was provided in the locker. (SAC, ¶ 15.) W hile waiting for her facial, Plaintiff confided with others that she had had a few alcoholic drinks at lunch and was ready to relax. (SAC, ¶ 16.) Once in the designated room, Plain...
2024.05.28 Motion to Dismiss, Stay, or Consolidate Action 384
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.05.28
Excerpt: ...omplaint, ¶ 12 .) James and Ann maintained and periodically revised a revocable living trust since approximately 1981. The last revision was in August of 2018, leaving equal shares to their children. (“2018 Trust”). (Id., ¶ 15.) In preparing the 2018 Trust, James learned Ann had been gifting large sums of money to their daughter and others without his knowledge and consent. James confronted Anne about these gifts and asked her to cease doin...
2024.05.28 Motion to Compel Responses, for Sanctions 017
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.05.28
Excerpt: ...plied's allegations of theft. For example, Interrogatory No. 49 asks, “Identify the number of part number 0010 -56201 YOU have manufactured since 2013.” As there are apparently 34 individual parts at issue between the parties, the remaining 33 interrogatories request the same i nformation about additional part numbers. CAET argues that this information is needed in order to defend against Applied's allegation that CAET either knew or should h...
2024.05.28 Motion to Compel Deposition of PMQ, for Sanctions 240
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.05.28
Excerpt: ...iff therefore did not have at the time of the initial deposition. Plaintiff also asserts that it needs to ask Defendant's PMQ about the development of Cloudknox's technology —topics 5 -9, 11 and 12. Plaintiff's argument for why it did not ask questions on topics 5 -9 and 11 -12 ea rlier is because two of the witnesses it seeks to ask about, though represented by Defendant's counsel, only produced a few documents such that Plaintiff needs to get...
2024.05.28 Motion for Summary Judgment, Adjudication 466
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.05.28
Excerpt: ...g his motorcycle on Air port Boulevard in San Jose, California. (Complaint, pp. 5- 6.) Specifically, while attempting to avoid a vehicular collision, Plaintiff struck a shuttle bus, partially severing his finger. (Complaint, p. 5.) During the accident, the condition of the subject road was allegedly “slick and dangerous,” rendering it unsafe. (Complaint, p. 6.) Plaintiff was subsequently transported to Santa Clara Valley Medical Center (“...
2024.05.28 Motion for Summary Judgment 740
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.05.28
Excerpt: ...o Alto Police Depa rtment (“PAPD”), assigned to various divisions within PAPD. (Third Amended Complaint (“TAC”), ¶¶1 – 6 and 18.) Beginning in or around June 2020, defendant City of Palo Alto (“City”) officials sought out, encouraged, and paid artists to paint sixteen letter s on defendant City property that spelled out “Black Lives Matter” (“Mural”). (TAC, ¶¶19 – 20.) City manager, Ed Shikada, admits “the creation o...
2024.05.28 Demurrer 883
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.05.28
Excerpt: ...rcle in San Jose (the “Property ”). (TAC, p. 2, ¶ 4.1) Plaintiff and h er son moved into the Prop erty i n Dec emb er 2019. (TAC, p. 3, ¶ 8.2) The monthly rental expense was $3,060. (TAC, p. 3, ¶ 9.) From the outset, Plaintiff encountered severe issues that disrupted her ability to live and reside there peacefully. (TAC, p. 3, ¶ 10.) The rental unit had unsanitary conditions and an infestation of rodents. (Ibid.) The power outlets in the ...
2024.05.28 Demurrer 748
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.05.28
Excerpt: ...ut off while in use, defects which cause the screens to lag, and defects which cause the screens to reboot while driving.” (Complaint, ¶ 7.) The complaint, filed on October 19, 2023, states twelve causes of action: (1) Breach of the Implied Warranty of Merchantability (Civ. C ode, § 1794); (2) Breach of the Implied Warranty of Fitness (Civ. Code, § 1794); (3) Breach of Express Warranty (Civ. Code, § 1794); (4) Failure to Promptly Repurchas...
2024.05.28 Motion to Strike Answer 200
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.05.28
Excerpt: ... a request for entr y of default the next day, on February 6, but the filing was rejected by the clerk's office because it listed the wrong filing date for the complaint and was incomplete. The Kubons tried again on February 13; on the same day, Guancione filed a verified an swer. The clerk's office allowed the answer to be filed and rejected the request for entry of default on the ground that an answer had been filed. The Kubons tried yet ...
2024.05.23 Motion for Preliminary Approval of Settlement 821
Location: Santa Clara
Judge: Adams, Charles F
Hearing Date: 2024.05.23
Excerpt: ... through vari ous treatments and surgical procedures, committed various Labor Code violations. Before the Court is Plaintiff's motion for preliminary approval of settlement, which is unopposed. As discussed below, Plaintiff's counsel must provide a supplemental declara tion to the Court with the requested information to enable it to make a ruling on this motion. I. BACKGROUND According to the allegations of the operative class complaint (“Class...
2024.05.23 Demurrer 913
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.05.23
Excerpt: ...Road in Sunnyvale (“Property”). (Complaint, ¶4.) A fourth owner, LeeNette Merino, is not a party to this action. (Id.) Each co -owner owns 25% of the Property. (Id.) Plaintiff Kim acquired her interest from Nanor Balabanian. (Id.) On or about May 14, 2018, Merino, LeeNette Mer ino, Donkor, and Balabanian purchased the Property. (Complaint, ¶1.)17 As part of this purchase, the parties entered a Tenancy in Common Agreement (“Agreement”) o...
2024.05.23 Demurrer to FAC 371
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2024.05.23
Excerpt: ...Operating on the assumption that Ms. Tang was incapacitated, defendant Ge called 911.1 (Ibid.) Thereafter, when Ms. Tang asserted claims related to rent and deposit, defendant Ge engaged her in conversation and persuaded her to file charges an d a malicious prosecution criminal case against Plaintiff. (Ibid.) Defendant Ge also provided false statements to police to assist Ms. Tang's malicious prosecution. (Ibid.) The criminal case was filed on ...
2024.05.23 Motion for Final Approval of Settlement 617
Location: Santa Clara
Judge: Adams, Charles F
Hearing Date: 2024.05.23
Excerpt: ...s who pay their worke rs with a daily lump sum, all of which violates of California law. Before the Court is Plaintiffs' motion for final approval of settlement, which is unopposed. As discussed below, the Court GRANTS the motion. I. BACKGROUND Plaintiffs allege that Allied i s a New Jersey -based company that remodels hotels throughout the United States, including in California. It does so by recruiting unlicensed subcontractors who in turn rec...
2024.05.23 Motion for Leave to File SAC, to Quash 612
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.05.23
Excerpt: ...h is an informa tion technology services company headquartered in San Jose. (FAC, ¶ 10.) Plaintiff Jai Kumar alleges he was hired in November 2013 and held various positions in the company over the following six years until he was terminated in December 2019. (FAC, ¶¶ 10, 11.) According to Plaintiff, Jade Global, among other things, wrongfully demanded that he not discuss concerns about his compensation with other employees on the grounds that...
2024.05.23 Motion for Preliminary Approval of Class and Represetative Action Settlement 281
Location: Santa Clara
Judge: Adams, Charles F
Hearing Date: 2024.05.23
Excerpt: ...de violations. Before the Court is Plaintiff's motion for preliminary approval of class and representative action settlement, which is unopposed. As discussed below, the Court GRANTS the motion. I. BACKGROUND According to the allegations of the operative First Amended Complaint (“FAC”), Plaintiff was employed by Defendants as a Nurse Practitioner at a CareNow Urgent Care in Milpitas from June 2020 to July 2021. (FAC, ¶ 12.) She alleges that ...
2024.05.23 Motion to Compel Further Responses 832
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.05.23
Excerpt: ...erminated on June 20, 2020. (First Amended Complaint (“FAC,”) ¶ 15.) On June 19, 2019, while performing his work -related duties, including cutting tile, Plaintiff injured his left thumb. (FAC, ¶ 23.) The next day, Plaintiff informed Defendant about his work- related injury. (Ibid.) Defendant's owner told Plaintiff that he could not report to work with his injuries. (Ibid.) A year later, on June 20, 2020, Defendant informed Plaintiff that h...
2024.05.23 Motion for Summary Adjudication 229
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.05.23
Excerpt: ...ual benefit corpor ation that governs land in San Jose that is the subject of this action. (First Amended Complaint (“FAC”), ¶¶3 and 6.) Plaintiff Brian Bumb (“Brian”)20 and defendant Timothy Bumb (“Tim”) are co -managers of defendant T&B Management Group LLC (“T&B”). (FAC, ¶ ¶2 and 4.) At the time of the filing of the original complaint, T&B was the manager of plaintiffs First Street Holdings, LLC (“FSH”); S.J. Bayshore...
2024.05.23 Motion for Summary Adjudication 411
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.05.23
Excerpt: ...tes two causes of action: (1) Premises Liability, and (2) General Negligence. As the City is a public entity, the only portion of the first cause of action that states a valid claim is “Count 3 – Dangerous Condition of Public Property.”2 The second cause of action for general negligence fails as a matter of law: “Under the Government Claims Act (Gov. Code, § 810 et seq.), there is no common law tort liability for public entities in Cali...
2024.05.23 Motion for Summary Judgment 126
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.05.23
Excerpt: ...amali's spo use. (FAC, ¶ 2.) Rita Lechleitner, M.D., was employed by defendant Palo Alto Foundation Medical Group, Inc. (erroneously sued as Palo Alto Medical Foundation Group, Inc.; hereafter, “PAFMG”). (FAC, ¶ 3.) On September 13, 2021, Dr. Lechleitner performed gallbladder surgery on Kamali at defendant Good Samaritan Hospital (sued as Good Samaritan Hospital, a Public Benefit Corporation, and Good Samaritan Hospital, Limited Partnershi...
2024.05.23 Motion to Compel Answers 240
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.05.23
Excerpt: ...“GCS”), th e court ordered four additional hours of deposition testimony, to be allocated as De Luna saw fit between the PMQ deposition of GCS and a deposition in San Filippo's personal capacity.3 De Luna now moves to compel answers to specific questions from San Fi lippo. The court grants in part and denies in part this motion, as well. First, with respect to questions pertaining to GCS's document collection efforts, the court notes that a...
2024.05.23 Motion to Compel Further Responses 376
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2024.05.23
Excerpt: ...t was served by email or electronic service to the attorney of record for Plaintiff (Sidney C. Flores) on 2/20/24. (See Ex. A to Decl. of Seth W. Weiner filed 4/22/2024.) Plaintiff substituted himself in pro per on 4/4/2024. (See Substitution of Attorney— Civil (Without Court Order) filed herein on 4/4/2024.) Plaintiff's motion to compel asserts that he received Defendant's answers from his prior attorney on 3/1/2024 and asks the court to com...
2024.05.23 Motion to Quash Service of Summons 836
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.05.23
Excerpt: ... and … unlawful pr actices of defendant Hefei Reliance Memory Ltd. (“Reliance Memory PRC”), Reliance Memory Inc. (“Reliance Memory US”), Hefei Ruibo Enterprise Consulting Management LP (“HRECM”) (collectively, Reliance Memory PRC, Reliance Memory US, and HRECM are hereafter referred to as the “Company”), and Zhichao Lu (“Lu”) (collectively, defendants Company and Lu are hereafter referred to as “Defendants”).” (FAC, ¶...
2024.05.23 Motion to Tax Costs 023
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.05.23
Excerpt: ... $2,206.24), plus an additional $240 in costs and $1200 in fees related to this motion, for a total of $3,464.24. (Decl. of Nahal). Plaintiff objects arguing (1) Defendant is not the prevailing party as the case is ongoing and that the case was dismissed here on a proce dural or jurisdictional ground, not on a substantive basis; and (2) in any event attorney fees under CCP 1717.5 are not allowed at this point since it has not yet been determined ...
2024.05.22 Petition for Writ of Mandate 565
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.05.22
Excerpt: ... (“Petitione r” or “District”) is a public agency that provides water service to landowners and water users within its boundaries for irrigation purposes. (See FAP at ¶¶ 1, 7.) Petitioner has historically relied upon, and continues to rely upon, water supplies from ex traction from the Well Field in carrying out its obligations under the Irrigation District Law and other authorities to furnish water to its landowners and water users for...

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