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3877 Results

Location: Santa Clara x
2022.10.06 Motion to Compel Further Responses 711
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.10.06
Excerpt: ...to Request for Production No. 25; and for an award of monetary sanctions against Defendant. No opposition has been filed. DISCUSSION C. Legal Standard Self‐Represented Litigants An unrepresented party “is to be treated like any other party and is entitled to the same, but no greater consideration than other litigants and attorneys. Thus, as is the case with attorneys, pro per litigants must follow correct rules of procedure.” (Nwosu v. Uba ...
2022.10.06 Demurrer to FAC 364
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2022.10.06
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 05 October 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Defendants Cacaos' Demurrer To Plaintiffs' First Amended Complaint. I. Statement of Facts. Plaintiffs Henry Om'mani and Matimba Shiyanga (“Plaintiffs”) were the parents of Leona...
2022.10.06 Motion to Compel Further Responses 379
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.10.06
Excerpt: ...ing function of our justice system. As stated by the Court in Steiny & Co. v. California Electric Supply Co. (2000) 79 Ca1.App.4th 285, 291: “In general, our civil justice system seeks truth by allowing the parties to lay all relevant evidence before the judge or jury. Thus, a party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action” CCP § 2030.210 provides in pert...
2022.10.06 Demurrer 477
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.10.06
Excerpt: ...0 et seq. (the “UCL”). Both Plaintiffs are in the business of semi‐conductor/miscellaneous electronic equipment and parts, refurbishment and repair. (SAC, ¶¶ 1‐2.) New Tec possesses one of the largest inventories of legacy electronic equipment parts, acquired over years with permission from sought after Original Equipment Manufacturers of semiconductor/miscellaneous equipment and parts. (Id., ¶ 16.) Rowenn has invested time and money i...
2022.10.06 Demurrer 574
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.10.06
Excerpt: ...iff is an individual with physical disabilities. (Complaint, ¶ 1.) He is substantially limited in his ability to walk as he suffers from a C‐4 spinal cord injury. (Ibid.) He is a quadriplegic and uses a wheelchair for mobility. (Ibid.) Due to his disability, Plaintiff is unable to, or seriously challenged in his ability to stand, move, reach objects mounted at heights above his shoulders, transfer from his chair to other equipment, and maneuve...
2022.10.06 Demurrer 798
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2022.10.06
Excerpt: ...party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 05 October 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Demurrer of Defendant Ashley Oliver To Plaintiff Jaime Canales's First Amended Complaint. I. Statement of Facts. On 11 May 2019, Armando Canales (“Decedent”) was a passenger in a 2003 Toyota Co...
2022.10.06 Demurrer 328
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2022.10.06
Excerpt: ...d with JLA's relationship with ASIP Holdings and Q Networks, and wrongly claimed ownership of intellectual property developed in connection with the project. In a cross‐complaint, Mr. Rajagopalan alleges that he never signed the draft consulting agreement and was not paid for much of his work. Moreover, he claims he disclosed his other work for Q Networks—on his own time—on technology outside the scope of the JLA project to Cross‐Complain...
2022.10.06 Demurrer to SAC 780
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.10.06
Excerpt: ... to the allegations of the SAC, Plaintiff is in the business of acquisition and sales in the capital equipment secondary market. (SAC, ¶ 13.) On November 16, 2016, Plaintiff and Defendants entered into an agreement (the “Agreement”) pursuant to which the latter agreed to pay the former for services rendered (the “Service Payments”). (Id., ¶ 14.) Service Payments were to be based on “Adjusted Gross Margin” (“AGM”) as defined in t...
2022.10.06 Motion for Final Approval of Settlement, for Attorney Fees 698
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2022.10.06
Excerpt: ...eliminarily approved in an order filed on May 31, 2022. The factual and procedural background of the action and the Court's analysis of the settlement and settlement class are set forth in that order. Before the Court is Plaintiff's motion for final approval of the settlement and for approval of her attorney fees, costs, and service award. The motion is unopposed. As discussed below, the Court GRANTS final approval. I. LEGAL STANDARD FOR SETTLEME...
2022.10.06 Motion for Leave to File FAC 254
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.10.06
Excerpt: ..., Patrick died. On 3/22/22, Fabian moved to be appointed in Patrick's place as his Successor in Interest. Fabian alleges that Patrick died as a result of injuries he sustained in the motorcycle accident. Fabian contends that due to injuries sustained in the motorcycle accident, Patrick was disabled. It is alleged that Patrick's claimed disability caused him to fall while he was performing tree work. Fabian seeks to amend the complaint to add a cl...
2022.10.06 Motion for Preliminary Approval of Settlement 821
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2022.10.06
Excerpt: ...ent, the parties also seek leave for Plaintiffs to file a First Amended Complaint (“FAC”) adding a claim under the Private Attorneys General Act (“PAGA”). As discussed below, the Court GRANTS preliminary approval and GRANTS leave to file the FAC. I. BACKGROUND Plaintiffs and the other putative class members worked at Teleféric's restaurant in Palo Alto as servers and food staff. (Complaint, ¶ 5.) They worked shifts of up to twelve hours...
2022.10.06 Motion to Compel Further Answers, for Monetary Sanctions
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2022.10.06
Excerpt: ...of $7692.50 pursuant to CCP Sections 2031.310, 2023.030 and 2023.010. The Requests at issue in this motion seek financial records from Plaintiff including bank records and tax returns filed by Plaintiff. According to their moving papers, Defendants contend that the requests are narrowly tailored to determine whether Plaintiff paid a fee to BEZ Financial Network, Inc., a licensed real estate broker, or its agents (Howard Wong and Edward Wong) in c...
2022.10.06 Demurrer, Motion to Strike 308
Location: Santa Clara
Judge: Takaichi, Drew C
Hearing Date: 2022.10.06
Excerpt: ...nts 1‐30. In a subsequent filing, Dana amended the complaint to add Kristin Nicole King, the Deforest Building Condominium Owners Association, and the Deforest Residential Condominium Owners Association as Does 2, 3, and 4, respectively. On June 28, 2022, Defendant Kristin Nicole King (“Kristin”) concurrently filed a demurer to both causes of action and a motion to strike the complaint of punitive damages. Dana filed an Opposition on Septem...
2022.10.05 Motion for Final Approval of Class Action and PAGA Settlement 412
Location: Santa Clara
Judge: Lucas, Patricia
Hearing Date: 2022.10.05
Excerpt: ...te Attorneys General , Pl ai ntiff, vs. NEW LEAF COMMUNITY MARKETS, INC. , a Cal i fornia corporation; NEW SEASONS MARKET, LLC, an unknown busi ness entity; and DOES 1 through 100, i nclusive, Defendants. Case No. 21CV390546 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The above‐ ent i tled act ion comes on f or hear i ng bef or e the Honor abl e Pat r i ci a M. Lucas on Oct ober 5, 2022 at 1: 30 p. m. i n Depar ...
2022.10.04 Demurrer to FAC 723
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2022.10.04
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 03 October 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order On Demurrer Of Defendant To Plaintiff's First Amended Complaint. I. Statement of Facts. Plaintiff Silverio R. Panlasigui (“Plaintiff”) owns real property located at 572 Kevenaire Drive ...
2022.10.04 Demurrer 307
Location: Santa Clara
Judge: Takaichi, Drew C
Hearing Date: 2022.10.04
Excerpt: ...he United States. (Complaint at ¶ 10.) Plaintiff Central Pacific District (“Central Pacific District”) is the ecclesiastical body of the C&MA which has authority over approximately 90 individual churches in Northern California, Nevada, Utah, Hawaii and Guam. (Complaint at ¶ 11.) Defendant Vertical Church of the C&MA (“Vertical Church”) is a subordinate church of the C&MA located in the Willow Glen area of San Jose. (Id. at ¶¶ 1, 14‐...
2022.10.04 Demurrer 931
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.10.04
Excerpt: ... “Plaintiffs”). I. Background A. Factual This is an action for breach of contract, among other things, arising out of a commercial landlord‐tenant relationship. According to the allegations of the operative Complaint, on October 20, 1988, Plaintiffs entered into a lease (the “Original Lease”) for the real properly located at 1272 S. Bascom Avenue (the “Premises”) with Geno I. Castello and Victoria M. Castello, predecessors in intere...
2022.10.04 Demurrer to FAC 515
Location: Santa Clara
Judge: Takaichi, Drew C
Hearing Date: 2022.10.04
Excerpt: ...ent Services (“SUTS”). (FAC at ¶ 1.) The Memorandum of Understanding (“MOU”) between the County and Union of American Physicians and Dentists (“UAPD”) is a collective bargaining agreement amended every few years, with current effective dates from 10‐19‐20 to 10‐29‐23. (FAC at ¶ 5.) The MOU is a legally binding contract with terms and conditions of employment at one clinic for P28 Senior Staff Physicians II and other physicia...
2022.10.04 Motion for Summary Judgment, to Exclude Declaration 170
Location: Santa Clara
Judge: Takaichi, Drew C
Hearing Date: 2022.10.04
Excerpt: ...rks, Inc. (“FNI”). (See complaint, ¶¶ 14‐15.) Plaintiff performed his job duties satisfactorily but his supervisor assigned him twice the number of projects as other employees who were not of Asian descent, despite his requests to reduce his workload to those of other co‐workers. (See complaint, ¶¶ 17‐18.) Plaintiff's supervisor complained that the prior project manager, who spoke Russian, was incompetent, and did not speak negative...
2022.10.04 Motion for Attorney Fees 900
Location: Santa Clara
Judge: Takaichi, Drew C
Hearing Date: 2022.10.04
Excerpt: ...plaintiff”). Present motions On July 15, 2022, Vanni defendants filed motion for attorneys' fees (line 7 of calendar). On July 20, 2022, plaintiff filed opposition, entitled in pertinent part, “motion to deny Defendant counsel motion for legal fees…” On September 27, 2022, Vanni defendants filed reply. On July 15, 2022, MHVOA filed motion for attorneys' fees (line 8). On August 3, 2022, plaintiff filed opposition entitled in pertinent par...
2022.10.04 Motion for Summary Adjudication 849
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2022.10.04
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 03 October 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Orders On: 1. CBRE, Inc.'s Motion For Summary Adjudication of its 4th Cause Of Action For Declaratory Relief (Duty To Defend) Against Johnson Controls Fire Protection, L.P.; and 2. [Cross‐Co...
2022.10.04 Motion for Summary Judgment, Adjudication 694
Location: Santa Clara
Judge: Rudy, Christopher
Hearing Date: 2022.10.04
Excerpt: ...t by Decedent's surviving spouse, Gang, and her son, Justin. According to the allegations of the complaint (“Complaint”), on June 19, 2017, Decedent presented herself as a patient of Defendants for the evaluation and treatment of a fever. (Complaint, ¶ 7.) Defendants, collectively and individually, were careless and negligent in and about their evaluation, treatment, nursing care, observation, examination, monitoring, and diagnosis of Decede...
2022.10.04 Motion to Vacate Order, to Set Evidentiary Hearing, for Attorney Fees 214
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2022.10.04
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 03 October 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Orders on: 1. Motion of Respondent to Vacate the Order of This Court Dated 04 May 2022 and to Set Evidentiary Hearing; and 2. Motion of Petitioner for Attorneys Fees. This case concerns the hearing ...
2022.10.04 Special Demurrer to FAC 562
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2022.10.04
Excerpt: ...aw Office of Wright, Finlay & Zak (“WFZ”) (collectively, “Defendants”) breached a settlement agreement that arose from a proceeding filed in bankruptcy court. (FAC, ¶ 12.) Plaintiff filed the proceeding against Defendant Trust, which Plaintiff alleges was represented by Defendants Robinson and WFZ. (Id.) Plaintiff alleges that on December 30, 2021, he made an initial offer of $750,000 “in consideration of Defendants discharging any all...
2022.10.04 Demurrer 118
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2022.10.04
Excerpt: ...22. The SAC states 11 causes of action: (1) Gender Discrimination in violation of the FEHA; (2) Retaliation; (3) Wrongful Termination in Violation of Public Policy; (4) Failure to Pay Overtime Wages; (5) Unpaid Meal Period Wages; (6) Unpaid Rest Period Wages; (7) Failure to pay all wages due; (8) Failure to provide accurate wage statements; (9) Late payment of payday wages; (10) Unfair Competition, and; (11) Private Attorneys General Act (“PAGA...

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