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1315 Results

Location: Santa Clara x
2020.03.17 Motion to Quash Deposition Subpoena, for Protective Order, Request for Monetary Sanctions 411
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2020.03.17
Excerpt: ...econd Amended Complaint (“SAC”), since approximately 2008, plaintiff John Park (“Park”), has owned and operated various gambling establishments or “cardrooms” in California. (SAC at ¶ 19.) Garden City, Inc., dba Casino M8trix (“Garden City”) is a cardroom located in San Jose. (Id. at ¶¶ 1, 20.) Prior to June 9, 2017, defendant Eric Swallow (“Swallow”) owned a 50% share in Garden City and defendants Peter Lunardi (“Peter...
2020.03.17 Motion for Judgment on the Pleadings 261
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2020.03.17
Excerpt: ...erning the property. (See SAC, ¶ 17.) In October 2013, First American Title Company issued a purported title commitment letter, but it was subject to the condition that Seller clear title, and upon subsequent approval of the title company's underwriting department. (See SAC, ¶ 18.) Krucker is still not able to provide a grant deed conveying insurable clear fee title of the property to Plaintiff. (See SAC, ¶ 18.) Title questions arose as to whe...
2020.03.17 Demurrer, Motion to Strike 602
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2020.03.17
Excerpt: ...ter, entered into an oral agreement (the “Agreement”) for the purchase and operation of Que Huong FastFood, Inc. (the “Business”). (SAC, ¶ 1.) Pursuant to the Agreement, the parties were to have an equal interest in the ownership, operation and profits of the Business. (Id. at ¶¶ 5 & 6.) The parties specifically agreed that only Plaintiff and Defendant would have the right to make decisions relating to the Business and share equally in...
2020.03.17 Demurrer, Motion to Strike 481
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2020.03.17
Excerpt: ... Trust dated November 20, 2018 (collectively, “Plaintiffs”), are the owners of real property located at 745 Harrison Street, Santa Clara, California (“Property”).2 (Complaint, ¶ 1.) In 1981, Anthony and his sister, Donna Gardner (“Donna”) discussed the possibility of Donna purchasing the Property from Anthony with a buyback agreement in the amount of $175,000. (Complaint, ¶ 7.) At that time, Anthony intended to reside in the Philipp...
2020.03.17 Demurrer 664
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2020.03.17
Excerpt: ... Bell Corporation has operated a restaurant at the Mirassou family's property under a 20‐year lease (that was recorded in this county). The lease includes a right of first refusal giving Taco Bell the option to purchase the Mirassou family's property. (FAC, Ex. B, § 19.) Camden Properties claims that—without knowledge of Taco Bell's option—it also acquired a right of first refusal for the Mirassou family's property. Camden Properties seems...
2020.03.17 Motion for Summary Judgment 242
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2020.03.17
Excerpt: ...tiff required medical attention and suffered mental, physical and emotional injuries. (Id. at ¶¶ 17, 20.) She also suffered lost wages due to inability to work, and suffered a loss of ability to complete household services. (Id. at ¶¶ 18, 19.) As a result of the foregoing, Plaintiff alleges two causes of action for: (1) dangerous condition of public property; and (2) negligence. Only the first cause of action is alleged against Saratoga. Befo...
2020.03.13 Motion for Preliminary Approval of Settlement 450
Location: Santa Clara
Judge: Walsh, Brian C
Hearing Date: 2020.03.13
Excerpt: ...y practice of Greg S. Morganroth, MD in Mountain View, California. (Class Action Complaint, ¶ 2.) Through the merger of over 50 dermatology and cosmetic surgery practices since 2007, CSI has grown into the largest private practice dermatology and plastic surgery medical group in California, with over 360 employees. (Ibid.) Plaintiff was employed by CSI in California as a non‐exempt employee from April of 2017 to December of 2018. (Id., ¶ 3.) ...
2020.03.13 Motion for Injunction, Demurrer 202
Location: Santa Clara
Judge: Walsh, Brian C
Hearing Date: 2020.03.13
Excerpt: ...policies on employees, and retaliating against employees. Plaintiff DeWayne Cassel also brings a range of individual claims arising from his employment with Google. Before the Court is plaintiff's motion for an injunction under Labor Code sections 1102.61‐62 and Google's demurrer to the Second Amended Complaint (“SAC”), both of which are opposed. I. Allegations of the Operative Complaint According to the SAC, plaintiff had a successful care...
2020.03.13 Motion for Approval of Settlement 059
Location: Santa Clara
Judge: Walsh, Brian C
Hearing Date: 2020.03.13
Excerpt: ...ng executive protection, special event, investigation, risk/threat assessment, retail loss prevention, and uniformed services. (FAC, ¶ 2.) Plaintiff has been employed by defendant as a non‐exempt security guard since February 2016. (Id. at ¶ 3.) He alleges that defendant fails to compensate security guards for missed meal and rest periods and for overtime worked. (Id. at ¶¶ 8‐14.) In addition, wages paid pursuant to defendant's nondiscret...
2020.03.13 Demurrers 433
Location: Santa Clara
Judge: Lucas, Patricia
Hearing Date: 2020.03.13
Excerpt: ... INTRODUCTION This is a putative class action arising out of various alleged wage and hour violations. On September 18, 2019, plaintiffs Crystal Fregoso, Adrianna Rodriguez, and Truc Bui (collectively, “Plaintiffs”) filed the Second Amended Complaint (“SAC”), which sets forth the following causes of action: (1) Failure to Pay Overtime Wages; (2) Failure to Pay Minimum Wage; (3) Failure to Provide Mandated Meal Periods; (4) Failure to Prov...
2020.03.12 Motion to Compel Arbitration 711
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2020.03.12
Excerpt: ... recently dismissed South County as a party. The Court issues the following tentative ruling: 1. It appears that Plaintiffs did, in fact, sign the sales agreement between themselves and South County. This sales agreement contains the arbitration agreement. Moreover, Plaintiffs never dispute that they signed it. 2. That leaves the question—hotly disputed by both sides—whether Plaintiff must arbitrate her claims against FCA under the arbitratio...
2020.03.12 Demurrer 883
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2020.03.12
Excerpt: ...l. ORDER ON DEMURRER BY DEFENDANT FAY SERVICING, LLC TO PLAINTIFFS' FIRST AMENDED COMPLAINT I. Statement of Facts. Plaintiffs Hector Cerezo and Aida Cerezo (collectively, “Plaintiffs”) are owners of real property located at 822 Cape Town Place in San Jose (“Property”). (First Amended Complaint (“FAC”), ¶4.) Plaintiffs obtained a loan secured by the Property in or around November 2006. (FAC, ¶8.) Plaintiffs executed a Deed of Trust a...
2020.03.12 Demurrer, Motion for Reconsideration 877
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2020.03.12
Excerpt: ... distress. According to the allegations of the Complaint, Dauber and Webby conspired to steal a sign possessed by Plaintiff which expressed disapproval of the campaign to recall then‐judge Aaron Persky. (Complaint, ¶ 1.) Webby also allegedly suppressed Plaintiff's free speech rights by ordering DA inspectors to surveille him at a public event‐ a press conference held by Webby's superior, District Attorney Jeff Rosen. (Id.) B. Procedural Base...
2020.03.12 Motion for Summary Judgment, Adjudication 725
Location: Santa Clara
Judge: Kirwan, Peter H
Hearing Date: 2020.03.12
Excerpt: ... pursuant to a written employment agreement. (Complaint, ¶¶15 and 17 and Exh. A.) Devine entered into this agreement with Scayl, then acting via its Chief Executive Officer, Mike McEvoy (“McEvoy”). (Id.) Scayl and Devine agreed that Devine's compensation was to be $10,000 per month in addition to fringe benefits. (Complaint, ¶16.) Additionally, Devine's contract includes a three month severance package valued at approximately $30,000. (Id....
2020.03.12 Motion to Compel Further Responses, Requests for Admissions and Sanctions 411
Location: Santa Clara
Judge: Folan, Maureen
Hearing Date: 2020.03.12
Excerpt: ...fer personal injuries. (Third Amended Complaint [“TAC”] at ¶GN‐1; see also TAC at ¶IT‐1.) Defendant Target's personnel intentionally profiled and confronted Plaintiff because of her race and gender. (Id. at ¶IT‐1.) Defendant Target thereafter kicked Plaintiff out of the store and banned her from returning to shop at the store. (Ibid.) In addition, defendant Target improperly trained store security and store management as a means to d...
2020.03.12 Motion to Compel Further Responses 827
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2020.03.12
Excerpt: ...NDANT THE IRVINE COMPANY TO COMPEL PLAINTIFF TO PROVIDE FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET TWO I. Statement of Facts. Plaintiff filed this complaint on 22 October 2018. 5 This case arises out of a trip and fall accident that occurred on 5 February 2018 in the parking lot immediately in front of the Nob Hill Foods store located Within the Monticello Retail Center in Santa Clara, California. Plaintiff alleges various phys...
2020.03.12 Motion to Compel Further Responses, for Monetary Sanctions 235
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2020.03.12
Excerpt: ...VILA CHAVEZ TO COMPEL DEFENDANT HEDERANDY JAIMES SANTANA TO PROVIDE FURTHER RESPONSES TO FORM INTERROGATORIES, SET ONE AND FOR MONETARY SANCTIONS I. Statement of Facts. Plaintiff filed this complaint on 26 July 2019.6 On August 25, 2017 at approximately 2:10 p.m., Plaintiff Bertha Avila Chavez (“Plaintiff") was driving her vehicle on Interstate 880 going northbound in the city of San Jose. She was involved in a mutli‐vehiclc collision in whic...
2020.03.12 Motion to Compel Production of PMK, for Monetary Sanctions 655
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2020.03.12
Excerpt: ...PLAINTIFF TO COMPEL PRODUCTION OF DEFENDANT'S PMK AND FOR MONETARY SANCTIONS I. Statement of Facts. Plaintiff filed this complaint on 18 October 2018. 8 A trial date is set for 30 March 2020. This case is a matter arising out of a claimed violation of the Song‐Beverly Consumer Warranty Act. On 3 October 2015, plaintiff purchased a 2013 GMC Sierra 2500 HD. GM provided express and implied warranties that accompanied the sale of the vehicle. After...
2020.03.12 Motion to Continue Trial, for Summary Judgment, for Medical Exam 725
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2020.03.12
Excerpt: ...CONTINUE DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND ON DEFENDANT'S MOTION FOR A SECOND DEFENSE MEDICAL EXAMINATION. I. Statement of Facts. Plaintiff filed this complaint on 7 June 2019. 10 10 This Department intends to comply with the time requirements of the Trial Court Delay Reduction Act (Government Code, §§ 68600–68620). The California Rules of Court state that the goal of each trial court should be to manage limited and unlimited civil ...
2020.03.10 Motion to Strike 458
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2020.03.10
Excerpt: ... out of that representation. According to the operative complaint, Kumar retained Cross‐Defendants in the spring of 2018 to represent him in divorce proceedings in Contra Costa County. He allegedly failed to pay all fees owed to CrossDefendants and then, on July 19, 2019, hired an attorney alleging malpractice, and demanding $50,000 from Cross‐Defendants. B. Procedural On August 6, 2019, Kumar filed the Cross‐Complaint, alleging a single cl...
2020.03.10 Motion to Declare Vexatious Litigant 730
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2020.03.10
Excerpt: ...uling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 9 March 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION OF DEFENDANTS TO DECLARE PLAINTIFF TO BE A VEXATIOUS LITIGANT I. Statement of Facts. Plaintiff filed this complaint on 27 May 2016. 7 At that time, he was represented by Attorney Timothy A. Lundell, Esq. the complaint alleges causes of action to qui...
2020.03.10 Motion to Compel Compliance, for Sanctions 031
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2020.03.10
Excerpt: ...uling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 9 March 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION OF PLAINTIFF TO COMPEL DEFENDANT'S COMPLIANCE WITH RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS AND FOR SANCTIONS The matter is also set for a Case Management Conference and will ask about the status of mediation and will consider setting a trial...
2020.03.10 Motion for Summary Judgment 304
Location: Santa Clara
Judge: Folan, Maureen
Hearing Date: 2020.03.10
Excerpt: ...caused both Maria and her grandson to fall, resulting in injuries. (Id.) Plaintiffs asserts that “[t]he defendants failed to properly maintain the community gate so that it was a hazard.” (Id.) On August 10, 2017, Ramirez and Armando Barajas (collectively, “Plaintiffs') filed a form complaint, asserting causes of action for: negligence; premises liability; and, products liability. Defendants move for summary judgment on the ground that each...
2020.03.10 Motion for Summary Judgment 300
Location: Santa Clara
Judge: Folan, Maureen
Hearing Date: 2020.03.10
Excerpt: ...Defendant”) gifted her, and then upon finding out it was a winning ticket, took and converted it, and then claimed before the state lottery that it was his alone. (Complaint, ¶ 1.) On March 28, 2019, Plaintiff filed a complaint against Defendant, asserting causes of action for: 1) Quiet title; 2) Fraud; 3) Negligent misrepresentation; 4) Estoppel; 5) Injunctive relief; 6) Conversion; and, 7) Constructive trust. Defendant moves for summary judg...
2020.03.10 Motion for Judgment on the Pleadings 863
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2020.03.10
Excerpt: ...According to the allegations of the underlying complaint, a credit card was issued to Gonzalez by Synchrony Bank FKA GE Capital Retail Bank. (Complaint, ¶ 6.) Gonzalez used the credit card to make purchases and accrued a balance on the card. (Id.) She ultimately defaulted on the required payments, leaving an unpaid balance of $2,240.89. (Id., ¶ 8.) CCS was subsequently assigned and transferred all right, title and interest in the credit account...

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