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1684 Results

Location: Santa Clara x
2020.09.22 Motion for Summary Judgment, Adjudication 915
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2020.09.22
Excerpt: ......
2020.09.22 Motion for Summary Judgment 390
Location: Santa Clara
Judge: Barrett, Thang N
Hearing Date: 2020.09.22
Excerpt: ......
2020.09.22 Motion for Protective Order 428
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2020.09.22
Excerpt: ......
2020.09.22 Demurrer, Motion to Strike 569
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2020.09.22
Excerpt: ......
2020.09.22 Demurrer, Motion to Strike 155
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2020.09.22
Excerpt: ......
2020.09.22 Demurrer 917
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2020.09.22
Excerpt: ......
2020.09.22 Demurrer 911
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2020.09.22
Excerpt: ......
2020.09.22 Demurrer 793
Location: Santa Clara
Judge: Folan, Maureen
Hearing Date: 2020.09.22
Excerpt: ......
2020.09.22 Motion for Summary Judgment 841
Location: Santa Clara
Judge: Barrett, Thang N
Hearing Date: 2020.09.22
Excerpt: ......
2020.09.18 Motion for Preliminary Approval of Class Action Settlement 063
Location: Santa Clara
Judge: Lucas, Patricia
Hearing Date: 2020.09.18
Excerpt: ...LIMINARY APPROVAL OF CLASS ACTION SETTLEMENT The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on September 16, 2020 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative class action and representative action arising out of various alleged wage and hour violations. The First Amended Complaint, filed on February 5, 2020, sets forth the following...
2020.09.18 Motion for Approval of PAGA Settlement 170
Location: Santa Clara
Judge: Lucas, Patricia
Hearing Date: 2020.09.18
Excerpt: ...ants. Case No. 19CV354170 TENTATIVE RULING RE: MOTION FOR APPROVAL OF PAGA SETTLEMENT The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on September 16, 2020 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is an individual and representative Private Attorney General Act (“PAGA”) action arising out of various alleged wage and hour violations. The Com...
2020.09.18 Motion for Preliminary Approval of Settlement 469
Location: Santa Clara
Judge: Walsh, Brian C
Hearing Date: 2020.09.18
Excerpt: ...h retail and outlet store locations throughout the United States, including in California. (Complaint, ¶ 10.) Plaintiff began working for defendant as an hourly non‐exempt employee in February 2003, and currently works at its outlet store in Gilroy. (Id., ¶ 8.) He alleges that defendant failed to include all non‐ discretionary remuneration, including bonuses and “spiffs,” in calculating employees' regular rate of pay for purposes of pay...
2020.09.18 Motion for Stay 249
Location: Santa Clara
Judge: Lucas, Patricia
Hearing Date: 2020.09.18
Excerpt: ...y 30, 2019, defendant Varsity Tutors LLC (“Defendant”) sells and provides private tutoring services. (FAC, ¶ 1.) At least 40,000 tutors work for Defendant nationwide. (Id. at ¶ 10.) Plaintiff Henry Mulak (“Mulak”) was employed by Defendant as a tutor for five years. (Id. at ¶ 3.) Plaintiff Alexander Charles (“Charles”) has been employed by Defendant as a tutor since May 2018. (Id. at ¶ 4.) 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ...
2020.09.17 Motion to Set Aside Dismissal 075
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2020.09.17
Excerpt: ...tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 16 September 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON PLAINTIFF MANUHAR PILLAI'S MOTION TO SET ASIDE DISMISSAL. I. Statement of Facts. Plaintiff filed this complaint on June 19, 2019 regarding fraud. In the moving papers, counsel for plaintiff state: “The matter was filed and served in June ...
2020.09.17 Motion to Compel Responses 584
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2020.09.17
Excerpt: ... North First Street, San 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 16 September 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION OF PLAINTIFFS TO COMPEL DEFENDANTS TO RESPOND TOFORM INTERROGATORIES, SET 1; SPECIAL INTERROGATORIES, SET 1; AND REQUEST FOR PRODUCTION OF DOCUMENTS, SET 1. I. Statement of Facts....
2020.09.17 Demurrer, Motion to Strike 407
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2020.09.17
Excerpt: ...rly Plaintiffs' investment in an EB5 visa program intended to provide them permanent residence status in the U.S. in exchange for financing a business in the country. According to the allegations of the Complaint, in 2012 Plaintiffs, who were Canadian citizens, were interested in becoming permanent residents of the U.S. (Complaint, ¶ 32.) One manner of doing so was through the U.S. Citizenship and Immigration Services (“USCIS”) Investor Pilo...
2020.09.17 Demurrer 731
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2020.09.17
Excerpt: ...San 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 16 September 2020. Please specify the issue to be contested when calling the Court and Counsel. DEMURRER TO THE FIRST AMENDED COMPLAINT BY DEFENDANTS DAVE KOEHLER AND TONY BAYARD DE VOLO DBA LEGAL REALTY. I. Statement of Facts. Plaintiffs filed this Complaint on 9 May 2019. 2 This is an action for elder abuse a...
2020.09.17 Demurrer 297
Location: Santa Clara
Judge: Folan, Maureen
Hearing Date: 2020.09.17
Excerpt: ...sband Peter V. Lunardi, III; (3) defendant and crosscomplainant Eric Swallow, a former business partner (“Swallow”); (4) cross‐defendant Patrick Tierney (“Tierney”); and (5) other defendants1 neither named in the cross‐ complaint at issue nor implicated in the proceeding currently before the Court. Before the Court is a motion to strike and demurrer to Swallow's third‐amended crosscomplaint (“TACC”) brought primarily by Tierney ...
2020.09.15 Motion to Quash Subpoena 048
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2020.09.15
Excerpt: ...et, San 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 14 September 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION OF PLAINTIFF TO QUASH SUBPOENA FOR MEDICAL RECORDS. I. Statement of Facts. Plaintiff filed this complaint on 7 February 2018.8 Jury trial is currently set for 7 December 2020.9 On 3 December 2016,...
2020.09.15 Demurrer, Motion to Strike 611
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2020.09.15
Excerpt: ...tion of emotional distress. In the third cause of action in particular, Plaintiff makes the following allegations about the collision. Plaintiff alleges she was driving in the center lane on southbound Highway 101 at a rate of approximately 65 mph when Defendant began engaging in aggressive conduct attributable to road rage. Defendant began tailgating Plaintiff, leaving only a few feet of following distance, before he abruptly changed lanes, pass...
2020.09.15 Demurrer 480
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2020.09.15
Excerpt: ... of his family and it was agreed that his eldest sibling, Sze, and his sister, Shirley, would be Plaintiff's attorneys‐in‐fact and manage his personal and financial affairs due to his health issues. (Id.) Because of Shirley's proficiency in English, it was agreed that that she would manage a rental property (a duplex in Santa Clara) owned by Plaintiff (the “Property”). (Id.) It was further agreed that Shirley would become a representative...
2020.09.15 Demurrer 266
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2020.09.15
Excerpt: ...rth First Street, San 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 14 September 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON DEMURRER OF DEFENDANTS NRT WEST, INC., COLDWELL BANKER RESIDENTIAL BROKERAGE COMPANY, AND JEFF BELL TO FIRST AMENDED COMPLAINT I. Statement of Facts. Defendant Jeff Bell (“Bell”) was th...
2020.09.15 Demurrer 193
Location: Santa Clara
Judge: Folan, Maureen
Hearing Date: 2020.09.15
Excerpt: ....) In January 2018, Plaintiff discovered discrepancies in Defendants' invoices and incomplete or defective workmanship. (See TAC, ¶ 20.) When Plaintiff was unable to amicable resolve the disputed invoices and receive adequate assurances that the restoration work would be done in an acceptable manner, Plaintiff retook possession of the vehicle and filed a complaint with the California Bureau of Automotive Repair. (Id.) The Bureau investigated the...
2020.09.15 Demurrer 086
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2020.09.15
Excerpt: ...treet, San 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 14 September 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON DEFENDANTS HIN & ANDERSON INC. DBA MAX MUSCLE'S; JAMES ANDERSON'S; AND VIMOL HIN'S DEMURRER TO PLAINTIFF'S COMPLAINT I. Statement of Facts. Plaintiff Milpitas Town Center 2008 L.P. (“Plaintiff”) i...
2020.09.15 Demurrer 013
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2020.09.15
Excerpt: ...thority, Inc. for: (1) breach of contract; (2) common count; and (3) fraud. Before the Court is Xie's demurrer to the entire complaint on the ground of uncertainty and to the first, second, and third causes of action on the ground of failure to state facts sufficient to constitute a cause of action. (Code Civ. Proc., § 430.10, subds. (e), (f).) II. Demurrer In general, “a complaint must contain ‘[a] statement of the facts constituting the ca...

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