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1449 Results

Location: Santa Clara x
2020.06.30 Motion to Strike 020
Location: Santa Clara
Judge: Barrett, Thang N
Hearing Date: 2020.06.30
Excerpt: ...ll operative Complaint in this matter is a form complaint filed on March 22, 2019. The narrative portions of the Complaint (on the motor vehicle and exemplary damages attachments) allege that Defendant negligently caused Plaintiffs' injuries when he operated his vehicle on “December 6, 2017,' on “Monroe Street in Santa Clara, California.” It further alleges that the “aforementioned acts” of Defendant “were willful and wanton, in that ...
2020.06.30 Demurrer, Motion to Strike 912
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2020.06.30
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...
2020.06.30 Demurrer, Motion to Strike 665
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2020.06.30
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...
2020.06.30 Demurrer, Motion to Strike 164
Location: Santa Clara
Judge: Folan, Maureen
Hearing Date: 2020.06.30
Excerpt: ...homas Connors (collectively, “Defendants”). Rascon asserts causes of action against Defendants for: (1) violation of Evidence Code section 1158; (2) wrongful death; (3) negligence; (4) negligence per se (based on Welf. & Inst. Code, § 15610.27); and (5) breach of contract. Currently before the Court is Defendants' demurrer to the fourth cause of action as pleaded in the first amended complaint and motion to strike allegations from the pleadi...
2020.06.30 Demurrer 890
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2020.06.30
Excerpt: ...mplaint, Plaintiffs lease a home at 3452 Jarvis Avenue in San Jose from Defendants. (Complaint, ¶¶ 2, 3, 4, 5.) Plaintiffs entered into the lease agreement in 2009, and as soon as 2010, they noticed mold in the house that was not previously disclosed to them, but was visible in several rooms. (Id. at ¶ 17.) They paid for a basic inspection of the home, which confirmed mold but upon providing the report to Defendants, Defendants refused to pay ...
2020.06.30 Demurrer 866
Location: Santa Clara
Judge: Barrett, Thang N
Hearing Date: 2020.06.30
Excerpt: ...erlying complaint, Williams joined Apple in 2010, as a senior platform architect. (Complaint, ¶¶ 2 & 17.) While at Apple, Williams designed chips for a range of Apple products and worked with, advised, and led teams that designed some of Apple's ARM technology. (Id. at ¶¶ 2, 15‐16, & 23‐25.) As a condition of his employment, Williams executed an IPA whereby he agreed that he would not plan or engage in any other employment, occupations, c...
2020.06.30 Demurrer 757
Location: Santa Clara
Judge: Folan, Maureen
Hearing Date: 2020.06.30
Excerpt: ...ally necessary and physician‐ordered services to the respective patients, and charged the reasonable value of services provided. (See TAC, ¶¶ 36, 45, 53.) Patient 1 did not identify any health care coverage when she presented herself to DMC and thus was registered as uninsured; however, it was later discovered after she was discharged that she was actually covered through Valley Health Plan, a public health plan operated by and through defend...
2020.06.30 Demurrer 750
Location: Santa Clara
Judge: Folan, Maureen
Hearing Date: 2020.06.30
Excerpt: ...to secure funding from several banks. The note specifies that the loan was to be repaid when funding was received and that in the event the banks returned an initial fee of $170,000, that amount would be returned to the Sullivans. The note also contains additional terms about the acquisition of the Sullivans' business, namely Sullivan Productions. The note specifies that upon obtaining financing WTKI was to purchase Sullivan Productions for $600,...
2020.06.30 Demurrer 504
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2020.06.30
Excerpt: ...on arises out of a business dispute between Defendants and Plaintiffs. Plaintiffs filed their original complaint against Defendants on March 26, 2018, alleging causes of action for breach of contract, fraud, and conversion. On November 9, 2018, Plaintiffs filed a first amended complaint (“FAC”) against Defendants. According to the allegations of the FAC, Defendants entered into an oral agreement with Plaintiffs, whereby Plaintiffs would inves...
2020.06.26 Motion for Final Approval of Class Action Settlement 035
Location: Santa Clara
Judge: Lucas, Patricia
Hearing Date: 2020.06.26
Excerpt: ...d wage and hour violations. The parties have reached a settlement. On February 14, 2020, the court granted preliminary approval of the settlement. Plaintiffs Enrique Torres, Ruben S. Hermosillo, and Rosario De La Trinidad (collectively, “Plaintiffs”) now move for final approval of the settlement. V. LEGAL STANDARD Generally, “questions whether a settlement was fair and reasonable, whether notice to the class was adequate, whether certificat...
2020.06.26 Motion for Final Approval of Class Action Settlement 153
Location: Santa Clara
Judge: Lucas, Patricia
Hearing Date: 2020.06.26
Excerpt: ...ia M. Lucas on June 26, 2020 at 9:00 a.m. in Department 3. The court now issues its tentative ruling as follows: X. INTRODUCTION This is a putative class action arising out alleged violations of the Fair Credit Reporting Act and similar California laws. The Complaint, filed on September 20, 2017, sets forth the following causes of action: (1) Violation of 15 U.S.C. § 1681b(b)(2)(A) (Fair Credit Reporting Act); (2) Violation of 15 U.S.C. §§ 168...
2020.06.26 Motion for Summary Judgment, Adjudication 871
Location: Santa Clara
Judge: Walsh, Brian C
Hearing Date: 2020.06.26
Excerpt: ...(d).) I. Factual and Procedural Background As alleged in the complaint, plaintiff incurred a consumer debt in the form of a credit account issued by WebBank. (Complaint, ¶ 15.) She was unable to pay the debt and defaulted on her payments to WebBank. (Id. at ¶ 16.) The debt was subsequently assigned or otherwise transferred to defendant for collection, and it sent an initial collection letter to plaintiff dated February 9, 2017. (Id. at ¶¶ 17...
2020.06.26 Motion to Stay All Proceedings, Demurrers 674
Location: Santa Clara
Judge: Lucas, Patricia
Hearing Date: 2020.06.26
Excerpt: ...osemary Schooler, Steve J. Sordello, Michael A. Stankey, Robert Bearden, Paul Cormier, Peter Fenton, and Kevin Klausmeyer (collectively, the “Cloudera Defendants”) to stay all proceedings in this action pending the resolution of the pleadings in a related federal action.10 Alternatively, the Cloudera Defendants move to stay discovery until the pleadings are resolved in both this case and the federal action. Plaintiffs again oppose the entry o...
2020.06.26 Motion to Stay All Proceedings, Demurrers 674
Location: Santa Clara
Judge: Walsh, Brian C
Hearing Date: 2020.06.26
Excerpt: ...osemary Schooler, Steve J. Sordello, Michael A. Stankey, Robert Bearden, Paul Cormier, Peter Fenton, and Kevin Klausmeyer (collectively, the “Cloudera Defendants”) to stay all proceedings in this action pending the resolution of the pleadings in a related federal action.10 Alternatively, the Cloudera Defendants move to stay discovery until the pleadings are resolved in both this case and the federal action. Plaintiffs again oppose the entry o...
2020.06.25 Petition to Compel Arbitration and to Stay or Dismiss Litigation 047
Location: Santa Clara
Judge: Folan, Maureen
Hearing Date: 2020.06.25
Excerpt: ...defendant, The Nicholson Family Partnership (“TNFP”). According to the allegations of the first amended complaint (“FAC”), MHC operates and manages Westwinds Mobile Home Park (“Westwinds”), located in San Jose and home to 1,600 resident subtenants. (FAC, ¶ 1.) Winkelmann is one of the subtenants who owns a home in the park. (Ibid.) MHC leases the land for the park from TNFP, under four ground lease agreements. (Ibid.) CountryPlace is...
2020.06.25 Motion to Dismiss or Stay on Grounds of Forum Non Conveniens 146
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2020.06.25
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 ...
2020.06.25 Motion for Summary Adjudication 440
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2020.06.25
Excerpt: ... a residential property located in Cupertino (the “Property”), having all taken title to the Property via a grant deed dated May 10, 2010. (Complaint, ¶¶ 2, 3, 8.) Plaintiffs have agreed between themselves to a partition of the Property by sale and demanded on March 4, 2019, that Defendant cooperate in said partition. (Complaint, ¶ 7.) However, Defendant has at all times failed and refused to respond to Plaintiffs' demand and has allegedly...
2020.06.25 Motion for Protective Order, for Monetary Sanctions 047
Location: Santa Clara
Judge: Folan, Maureen
Hearing Date: 2020.06.25
Excerpt: ...o residents with mobile homes, including plaintiff Stacey Winkelmann (“Winkelmann”). (FAC, ¶ 1.) Some of the mobile homes are financed through CountryPlace Mortgage, Ltd. (“CountryPlace”). (FAC, ¶ 8.) Other mobiles homes in the park are sold or leased to residents through ECHO Financing, LLC (“ECHO”)—a joint venture between MHC and Cavco Industries, Inc. (FAC, ¶ 9.) Winkelmann alleges the Nicholson Family is attempting to unlawfu...
2020.06.25 Demurrer 420
Location: Santa Clara
Judge: Barrett, Thang N
Hearing Date: 2020.06.25
Excerpt: ...no and Robert Young (collectively “Defendants”). Plaintiff alleges he became acquainted with Venkat and Vijayasri Rayapati through a cousin. Emphasizing this family connection and their membership in the same caste, Venkat and Vijayasri then allegedly tricked Plaintiff into investing in their company, SAI, based on false representations about the company's products, valuation, investors, and success in the marketplace. Defendants subsequently...
2020.06.25 Demurrer 224
Location: Santa Clara
Judge: Barrett, Thang N
Hearing Date: 2020.06.25
Excerpt: ...visa (available to investors who create jobs within the United States if certain conditions are met). Plaintiff's original Complaint was filed on March 25, 2016. The First Amended Complaint (“FAC”) was filed on January 17, 2018 and stated claims for: 1) Breach of Contract (alleging a written contract memorialized in a visa petition and a written stock purchase agreement, both attached as exhibits); 2) Fraud, and; 3) Alter Ego (which is not a ...
2020.06.25 Demurrer 134
Location: Santa Clara
Judge: Barrett, Thang N
Hearing Date: 2020.06.25
Excerpt: ...here Plaintiff was employed. The original and still operative Complaint, filed October 3, 2019, states claims for: 1) Sexual Harassment (FEHA violation) alleged against Defendant La Rinconada and Does; 2) Assault, alleged against Defendant Owen Lin and Does; 3) Invasion of Privacy, alleged against La Rinconada, Owen Lin and Does; 4) Intentional Infliction of Emotional Distress, alleged against Owen Lin and Does; 5) Negligent Infliction of Emotion...
2020.06.25 Demurrer 110
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2020.06.25
Excerpt: ...endant Omkar Rocklin Inc. (the “Corporation”) was organized in 2010 for the purpose of acquiring a hotel in Rocklin, California (the “Hotel”). (FAC, ¶ 7.) Shah became aware of an opportunity to purchase the Hotel in a bankruptcy proceeding and brought it to the attention of Desai and several others, including Defendants. (Id., ¶ 11.) After investigating the opportunity further, Plaintiffs, Mehta and Sanjiv Bhanot (“Bhanot”) (collect...
2020.06.25 Demurrer (2)
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2020.06.25
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...
2020.06.23 Motion to Strike 042
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2020.06.23
Excerpt: ...g/operating/maintaining the intersection at Great America Parkway and Tasman Drive in Santa Clara, Havens performed his duties in a negligent manner, resulting in a collision between Plaintiff's vehicle and a vehicle operated by defendant Peter Lishnerness. (Complaint, ¶ 29.) Plaintiff was injured in the collision. B. Procedural Based on the foregoing, Plaintiff filed the Complaint on October 21, 2019, asserting claims for: (1) negligent operati...
2020.06.23 Motion for Summary Judgment 397
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2020.06.23
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...

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