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1044 Results

Location: Santa Clara x
2019.4.9 Motion to Seal, to Compel Production of Docs 921
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.4.9
Excerpt: ...vilege and work‐product doctrine. The documents—mostly emails—were primarily authored or received by attorney Denelle Dixon who served as a point person for the negotiation and termination of the contract at issue. Yahoo! asserts that Ms. Dixon provided business advice, not legal advice, such that the documents withheld are not protected and must be produced. Mozilla disputes Yahoo!'s position on Ms. Dixon's role and the nature of the docum...
2019.4.9 Demurrer 320
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.4.9
Excerpt: ...services and facilities provided by defendant Aspromonte Inns, LLC (“Aspromonte”) who operates the Seaway Inn (“Hotel”) located in Santa Cruz. (Complaint, ¶17.) The Hotel is a place of public accommodation. (Id.) Defendant Aspromonte maintains its reservation service, including but not limited to, a website which provides access to the array of services, including descriptions of its hotel, rooms, and services, the ability to make room r...
2019.4.9 Demurrer, Motion to Strike 171
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2019.4.9
Excerpt: ...nd/or distributed by defendant Kia Motors America, Inc. (“Kia”). (Complaint, ¶6.) In connection with the purchase, plaintiff Morales received an express written warranty which, among other things, covers the Theta 2.0 liter and 2.4 liter direct injection engines (“2.0L and/or 2.4L GDI Engine”) and transmission. (Complaint, ¶7.) During the warranty period, the Subject Vehicle contained or developed defects which substantially impair the ...
2018.7.26 Motion for Reconsideration 701
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2018.7.26
Excerpt: ...facts to allow the Court to conclude that he would be able to amend his complaint to state a viable claim, or to support any argument that the demurrer was not properly sustained. By virtue of the demurrer filed by Defendant that challenged Plaintiff's complaint, it was not reasonable for Plaintiff to expect a settlement and then fail to oppose the demurrer and choose not to appear at the hearing. Moreover, Defendant presented evidence that it co...
2018.7.26 Motion for Summary Judgment, Adjudication 571
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2018.7.26
Excerpt: ...ocedure, done endoscopically. (First Amended Complaint [“FAC”] at ¶ 14.) After being cleared for surgery, Kessler underwent a right carpal tunnel release procedure with the use of a Manos Device at defendant Spine and Sports Surgery Center (“Surgery Center”). (Id. at ¶ 15.) Prior to surgery, Dr. Yeh allegedly failed to disclose to Kessler that: (1) he was going to use the Manos Device; and (2) he was an investor in the Manos Device and ...
2018.7.24 Request for Monetary Sanctions 857
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2018.7.24
Excerpt: ...), Acuity Ventures II, LLC (“Ventures II”), Eric Hardgrave (“Hardgrave”), and Larry Hootnick (“Hootnick”).1 Plaintiffs allege AMC, a general partner of the Partnership, as well as Ventures I and Ventures II were formed for the purpose of early‐stage investment in technology companies. They claim Hardgrave defrauded them into investing in these venture funds and that he and Hootnick thereafter mismanaged the funds throughout their o...
2018.7.24 Request for Monetary Sanctions 297
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2018.7.24
Excerpt: ...and exchanged confidential communications” subject to an oral joint defense agreement as part of a regulatory action, and that oral agreement was breached by the Lunardis and GCI, resulting in damage to Swallow. (See FAXC, ¶¶ 33, 82‐84.) In response to discovery seeking persons with knowledge of the alleged breach, Swallow identified his attorney, Allen Ruby. (See Harrington decl. in opposition to motion to quash, ¶ 2.) On February 21, 201...
2018.7.19 Motion to Compel Responses, for Monetary Sanctions 917
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2018.7.19
Excerpt: ...es I”), Acuity Ventures II, LLC (“Ventures II”), Eric Hardgrave (“Hardgrave”), and Larry Hootnick (“Hootnick”).2 Plaintiffs allege the Management Company, a general partner of the Partnership, as well as Ventures I and Ventures II were formed for the purpose of early‐stage investment in technology companies. They claim Hardgrave defrauded them into investing in these venture funds and that he and Hootnick thereafter mismanaged the...
2018.7.19 Motion for Summary Judgment 381
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2018.7.19
Excerpt: ...d that Defendant had a 50% ownership interest, Katherine Lee had a 10% interest, Jannelle Yoon had a 15% interest, Peter Lee had a 10% interest and Plaintiff had a 10% interest. (See complaint, ¶ 9.) The agreement also prohibited the transfer or disposition of any interest of the subject property without written consent of all parties. (See complaint, ¶ 10.) In early 2016, Defendant informed his other siblings that he had sold the subject prope...
2018.7.19 Demurrer 605
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2018.7.19
Excerpt: ...Realty Investments, Inc., dba Insight Realty Company (“Insight”) and its manager and co‐founder Vincent Woo (“Woo”) (collectively “Defendants”) arises from Defendants' purported scheme to destroy Plaintiffs' business. According to the allegations of the First Amended Complaint (“FAC”), Plaintiffs were in negotiations to purchase real property in downtown Mountain View from Kent Yu (“Yu Transaction”). (FAC at ¶ 14.) Plaintif...
2018.7.17 Motion to Compel Further Responses 468
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2018.7.17
Excerpt: ... (See complaint, ¶ 12.) However, Novinium failed to accurately measure the length of the cables by 28%, and, in an attempt to complete the project on time, Novinium increased the injection pressure to 60 psi, double the maximum pressure provided by Novinium's documented injection procedures. (See complaint, ¶¶ 17‐20.) Moreover, Novinium reused ground clamps, improperly mixed or used defective injection fluids, and prematurely capped the cabl...
2018.7.17 Demurrer 432
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2018.7.17
Excerpt: ...Second Amended Complaint (“SAC”) of plaintiffs Julio Mendoza (“Mendoza”) and Charise Cass (“Cass”) (collectively, “Plaintiffs”). Factual and Procedural Background This action arises out of the nonjudicial foreclosure sale of real property located at 21435 Madrone Drive, Los Gatos, CA 95033 (“Property”). Plaintiffs originally acquired the Property when they were married. (SAC at ¶¶ 1 and 7.) They allege that the Property is, ...
2018.7.12 Motion to Dismiss Action 069
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2018.7.12
Excerpt: ... or that any mistakes were made. As noted in the Court's most recent order denying Plaintiff's motion for leave to amend, Plaintiff's proposed amended complaint did not address the defects that the Court found in the prior complaints, and otherwise did not state any valid claim against Defendant. Plaintiff argues that the Court should have granted her leave to amend, and suggests that reconsideration is appropriate, but has not filed any proper...
2018.7.12 Motion for Judgment on the Pleadings 934
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2018.7.12
Excerpt: ...r 24, 2002, plaintiff Leire Funk aka Leire Ferro (“Plaintiff”) and her ex‐husband, Rick Funk, financed real property located at 172 French Court in San Jose, California (“Subject Property”). (Third Amended Complaint [“TAC”] at ¶ 17.) As evidence of the loan, Plaintiff executed a promissory note (“Note”) and concurrently executed a Deed of Trust as security for the Note. (Ibid.) The Deed of Trust for the Subject Property was rec...
2018.7.10 Motion for Summary Judgment 947
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2018.7.10
Excerpt: ...ing rulings: The Court finds that by the evidence presented in support of the motion Plaintiff met its initial burden to demonstrate each of the required elements for the cause of action and entitlement to judgment on that cause of action. As Defendant did not file any opposition to the motion, Defendant has failed to meet her burden to show any triable issue of fact. Accordingly, the motion for summary judgment on the Complaint is GRANTED. Plain...
2018.7.10 Motion to Compel Further Responses, for Monetary Sanctions 971
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2018.7.10
Excerpt: ...ll claims handling policy and/or procedure manuals, and all other DOCUMENTS, emails, bulletins, or other WRITINGS relating to policies or procedures relating to the handling of claims for liability coverage under liability insurance policies issued by NACIC.” In its response, NACIC objected, on the grounds that the information sought was protected by the attorney client privilege, the attorney work product doctrine, trade secret, and that the r...
2018.7.10 Motion for Reconsideration 150
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2018.7.10
Excerpt: ... do not consider points raised for the first time on reply for due process reasons. (See In re Tiffany Y. (1990) 223 Cal.App.3d 298, 302‐303 [“ ‘The general rule is that points raised in a reply brief for the first time will not be considered unless good cause is shown for the failure to present them before' [Citations.]”]; see also Reichardt v. Hoffman (1997) 52 Cal.App.4th 754, 764; REO Broadcasting Consultants v. Martin (1999) 69 Cal.A...
2018.7.10 Demurrer 119
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2018.7.10
Excerpt: ... the plywood platform upon which Decedent stood collapsed, resulting in Decedent's multi‐story fall and subsequent death. (See SAC, ¶¶ 18, 20.) On January 16, 2018, the Court sustained the demurrer by defendant Alamillo Rebar, Inc. (“Alamillo”) to the fifth cause of action for negligent infliction of emotional distress of the first amended complaint. On January 29, 2018, plaintiffs Irma Vargas, individually and as representative of the Es...
2018.6.28 Demurrer, Motion to Strike 879
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2018.6.28
Excerpt: ...to insure against losses resulting from, among other things, computer fraud and funds transfer fraud. In 2015, Plaintiff suffered a covered loss when someone sent emails impersonating its Chief Executive Officer and made phone calls impersonating its mergers‐and‐acquisitions attorney to request funds from its Chief Accounting Officer, who thereafter wired funds totaling $46,683,232 to foreign bank accounts. Plaintiff tendered a claim for this...
2018.6.28 Motion to Quash Subpoena 597
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2018.6.28
Excerpt: ... First, this claim is suspect, because if multiple objections to the subpoena by non‐parties were served before the motion to quash was filed, certainly the initial moving papers would have addressed this issue (and it appears that Defendant Jennifer Morgan controls each of these entities, as she signed all but one of the objections). More importantly, the Court will not consider evidence or new arguments first made in reply papers, and courts ...
2018.6.28 Motion to Compel Further Deposition Testimony 858
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2018.6.28
Excerpt: ...). According to the operative first amended complaint (“FAC”), Plaintiff purchased a 2011 BMW 550i vehicle (the “Vehicle”) manufactured and/or distributed by Defendants. (FAC, ¶ 8.) In connection with this purchase, Plaintiff received an express written warranty providing that Defendants would repair the Vehicle in the event it developed a defect during the warranty period. (Id., ¶ 9.) When the warranty period was in effect, the Vehic...
2018.6.28 Motion for Further Responses 351
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2018.6.28
Excerpt: ... 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 4.1, 4.2, 7.1, 7.2, 7.3, 12.1, 12.2, 12.3, 12.4, 12.5, 12.6, 12.7, 13.1, 13.2, 14.1, 14.2, 15.1, 16.1, 16.2, 16.3, 16.6, 16.10, 17.1, 20.1, 20.2, 20.3, 20.4, 20.5, 20.6, 20.7, 20.8, 20.9, 20.10, 20.11, special interrogatories (“SIs”) numbers 1‐45, and requests for production of documents (“RPDs”) numbers 1‐23. On October 2, 2017, defendant Union Pacific Railroad Company (“UPRR”) provided verifie...
2018.6.26 Motion to Strike 324
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2018.6.26
Excerpt: ...ed to see some detailed listing and proof of costs that are not filing fees. Where costs are discretionary in nature, and the claimed items are not expressly allowed by statute, the burden of proof on a motion to tax costs is on the party claiming them to show that the charges were reasonable and necessary. (Foothill‐De Anza v Emerich (2008) 158 Cal.App.4 th 11, 29; Ladas v California State Auto. Ass'n (1993) 19 Cal.App.4th 761, 774; See Ne...
2018.6.21 Motion for Summary Judgment, Adjudication 221
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2018.6.21
Excerpt: ...r arranging the improvements to convert the existing space at the subject property so that it would be suitable for a daycare center. (See FAC, ¶ 10.) On September 12, 2012, Liu and Wu entered into a written contract with architect Susan Chen to design the improvements to convert the existing warehouse at the subject property to a daycare center of about 6,500 square feet, applying for a use permit, and preparing the supporting documentation, in...
2018.6.21 Demurrer, Motion to Strike 353
Location: Santa Clara
Judge: Arand, Mary E
Hearing Date: 2018.6.21
Excerpt: ...Equinox vehicle (“Vehicle”), which was manufactured and/or distributed by Defendant. (FAC, ¶ 17.) In connection with the purchase, Plaintiff received an express warranty providing that Defendant would preserve or maintain the utility and performance of the Vehicle or provide compensation if there were a failure in those areas for a specific amount of time. (Id., ¶ 18.) During the warranty period, the Vehicle developed certain defects, inclu...

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