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5725 Results
2024.03.19 Request for Clarification or to Certify Question of Law 734
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.03.19
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.03.19
Excerpt: .... Plaintiff Eftychios Theodorakis alleges that he was employed by Defendant Dfinity as a software engineer in August 2018. (Complaint, ¶11.) Dfinity is a wholly owned subsidiary of Dfinity Stiftung, a not -for - profit foundation with its principal place of business in Zurich, Switzerland (“Dfinity Foundation”). (Complaint, ¶¶2, 3, 11.) Dfinity is a decentralized network design whose tokens are a form of digital currently similar to ...
2024.03.19 Demurrers 546
Location: Santa Clara
Judge: Geffon, Eric
Hearing Date: 2024.03.19
Location: Santa Clara
Judge: Geffon, Eric
Hearing Date: 2024.03.19
Excerpt: ...undivided one - eighth tenant -in -common interest in the Cupertino Property, and Irina is owner of an undivided three - eighths interest in the Cupertino Property. (Id. at ¶¶3 -4.) Bernard is the father of Owen, the father -in - law of Irina, a trustee of the Bernard Buckvar Revocable Trust dat ed October 24, 2014 (the “Trust”), and the owner of undivided one -half interest in the Cupertino Property. (Id. at ¶5.) On 2 December 2014, Berna...
2024.03.19 Motion to Strike 520
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.03.19
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.03.19
Excerpt: ...9, Plaintiffs purchased real property located at 710 North Winchester Boulevard in Santa Clara (the “Property”). (TAC, ¶ 1.) Samantha Landon was the Sellers' real estate agent and Excel was the real estate broker for the Sellers. (TAC, ¶ ¶ 4, 5.) Walter E. Mc Guire Real Estate was the real estate broker. (TAC, ¶ 6.) Morgan Ann Amos Manos was Plaintiffs' real estate agent on the Property under the brokerage of McGuire. (TAC, ¶ 7.) On Apri...
2024.03.19 Demurrer to FAC 587
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.03.19
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.03.19
Excerpt: ...t a single cause of action for intentional tort – defamation.2 Zhan alleges that Tang intentionally and maliciously mistranslated Zhan's emails from Chinese to English as part of the evidence submitted to the Santa Cruz court in the civil harassment case. According to Zh an, she notified Tang about these alleged mistranslations and thereafter sent a cease -and -desist letter to Tang. Zhan never received a response from Tang. Zhan then filed t...
2024.03.19 Demurrer, Motion to Strike 119
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.03.19
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.03.19
Excerpt: ...zemipour lied about investment opportunities, which caused Plaintiff to invest money with him that Kazemipour spent on unauthorized personal expenses and travel. (FAC, ¶ 21.) With the assistance of defendant Troy Foster, Kazemipour defrauded Plaintiff out of approxima tely $750,638. (Ibid.) On information and belief, Tirgari alleges from 2019 to 2021, Kazemipour used funds from their joint investment account for his own personal benefit and the...
2024.03.19 Demurrer, Motion to Strike 647
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.03.19
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.03.19
Excerpt: ...ttachment alleges that “Pomogaibo has to sent [sic] order for publication, summons, and credit card details to newspaper. Newspaper has to publish summons 4 weeks and charge $400 for it. Newspaper refused to comply with court order based on conversation with attorney Ekate rina Berman, who said to newspaper three false datums – she represented his client Yevgeniy Babichev, [I]'m [vexatious] litigant, [I] have not received permission from pres...
2024.03.19 Motion for Sanctions 331
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.03.19
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.03.19
Excerpt: ...tion.” (See also Department of Forestry & Fire Protection v. Howell (2017) 18 Cal.App.5th 154.) There are four types of terminating sanctions: (1) striking pleadings in whole or in part; (2) staying further proceedings by a party until it obeys a discovery order; (3) dismissing the action or part of it; and (4) rendering a default judgment. (Code of Civ. Pro. §2023.030(d).) An issue sanction either orders that designated facts be taken as esta...
2024.03.19 Motion for Summary Judgment 490
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.03.19
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.03.19
Excerpt: ... victims and killed two others. Grace Solutions provides emergency shelter for the unhoused throughout San Jose, CA. (RSSUF Nos. 1 & 2) In 2021, Grace Solutions entered into an agreement with Defendant GRACE BAPTIST CHURCH to utilize their space for Grace Solutions' emer gency shelter for the unhoused. (RSSUF No. 3) At the time of the incident, Grace Solutions had seven employees, including Mr. Chelley, and a number of volunteers working at the p...
2024.03.19 Motion for Summary Judgment 503
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.03.19
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.03.19
Excerpt: ...partan sought damages i n the amount of $31,945.19 plus finance charges and interest and attorney's fees of $2,058.00. (See 4AC, first cause of action, ¶¶ BC -2 -6.) Defendant Annie Kim Le, aka Annie Le, aka Annie K. Le, Anniel A. Le, aka Anh Le, aka Kim Le, aka, Kim A. Le, aka A nnie Le Anna, aka K. Le Anna, aka K. Leannie, aka K. L. Leannie dba American Gas & Oil Corporation and dba Philip, LLC (“Le”) personally guaranteed and promised ...
2024.03.19 Motion for Summary Judgment, Adjudication 154
Location: Santa Clara
Judge: Geffon, Eric
Hearing Date: 2024.03.19
Location: Santa Clara
Judge: Geffon, Eric
Hearing Date: 2024.03.19
Excerpt: ...S OF SHANNON AND ELIZABETH CRAWFORD Factual and Procedural Background Soukoulis FAC Plaintiff Richard D. Soukoulis (“Soukoulis”) is the owner of residential real property commonly known as 21296 Cinnabar Hills Road in San Jose (“Soukoulis Property”). (First Amended Com plaint (“FAC”), ¶1.) Defendants Diana Avila Southern and Richard Southern (collectively, “Southerns”) are owners of residential real property commonly known as 212...
2024.03.19 Motion to Lift Discovery Stay 165
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.03.19
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.03.19
Excerpt: ...ehavior by a s enior executive as required by Samsung internal policies and was promptly fired in retaliation for this protected activity. Mo filed his Complaint on December 2, 2022, asserting (1) unlawful retaliation in violation of public policy, (2) wrongful termination in violation of public policy, and (3) discrimination and harassment. Samsung filed an answer on February 6, 2023, denying all allegations and asserting in its fifteenth af...
2024.03.14 Motion for Attorney Fees 664
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2024.03.14
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2024.03.14
Excerpt: ...osts of $1,5660.40 for a total of $121,272.90. Nguyen is the “prevailing defendant under CCP section 425.16(c), which mandates that “a prevailing defendant on a special motion to strike shall be entitled to recover his or her attorney's fees and costs.” (CCP § 425.16(c).) On November 8, 2023, the Court issued an order granting Nguyen's anti -SLAPP motion with respect to six of the seven counts contained in Plaintiff's First Amended Complai...
2024.03.14 Demurrer 490
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2024.03.14
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2024.03.14
Excerpt: ...ollectively, “Defendants”). Dr. Kethineni is a medical doctor with a specialization in infectious diseases who practices at San Joquin General Hospital. (Complaint at ¶ 2.) In December 2010, non- party Neelinfo, Inc. (“Neelinfo”), a California c orporation, entered into a commercial agreement (“Agreement”) with defendant Techorbit, a Texas corporation. (Complaint at ¶ 3.) On June 13, 2012, Techorbit filed an action against Dr. Keth...
2024.03.14 Demurrer 990
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.03.14
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.03.14
Excerpt: ...d SAC, Plaintiff had a duty to “competently” advise City Entities and to defend them in “numerous lawsuits” involving the City Entities' ownership of the “San Francisco 49ers football team.” (Id. at ¶ 3.) From approximately February 2017 to December 2017, Plaintiff became the “Interim City Attorney” for the Defendant, in a “part time capacity.” (Id. at ¶ 4.) From December 19, 2017, until his termination on September 2, 2021,...
2024.03.14 Demurrer or Motion to Stay 984
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2024.03.14
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2024.03.14
Excerpt: ...c. (collectively, “Defendants”). According to the first amended complaint (“FAC”), the subject of this action concerns certain real property located at 3962 Ross Avenue in San Jose, California (“Property”). (FAC at ¶ 1.) The Mathew Wang Li ving Trust Dated May 5, 2021 (“Trust”) was and is the co -owner of the Property. (FAC at ¶ 2.) Plaintiff and his late wife, Betty Wang (“Betty”1), were cotrustees of the Trust. (Ibid.) Up...
2024.03.14 Motion for Approval of PAGA Settlement 298
Location: Santa Clara
Judge: Adams, Charles F
Hearing Date: 2024.03.14
Location: Santa Clara
Judge: Adams, Charles F
Hearing Date: 2024.03.14
Excerpt: ...er Labor Code vio lations. Before the Court is Plaintiff's motion for approval of PAGA settlement, which is unopposed. As discussed below, the Court GRANTS Plaintiff's motion. VII. BACKGROUND According to the allegations of the operative First Amended Complaint, Plaintiff was employed by Defendants as a non -exempt employee from January 1, 2017, through March 25, 2021. Defendant Lite -On Inc. is engaged in the research, development, sale and dist...
2024.03.14 Motion for Approval of PAGA Settlement 595
Location: Santa Clara
Judge: Adams, Charles F
Hearing Date: 2024.03.14
Location: Santa Clara
Judge: Adams, Charles F
Hearing Date: 2024.03.14
Excerpt: ...laintiff's motion. I. BACKGROUND As alleged in the operative complaint, Plaintiff worked for Defendant as an RN Case Manager from November 13, 2020 to June 28, 2021. (Second Amended Class Action Complaint for Damages (“SAC”), ¶ 6.) Plaintiff alleges that Defendant f ailed to provide her and other employees with accurate itemized wage statements and failed to pay meal and rest break premiums at the regular rate of pay. (Id., ¶ 18.) Specific...
2024.03.14 Motion to Compel Arbitration, to Stay Representative PAGA Claim 121
Location: Santa Clara
Judge: Adams, Charles F
Hearing Date: 2024.03.14
Location: Santa Clara
Judge: Adams, Charles F
Hearing Date: 2024.03.14
Excerpt: ...periods or pay associated premiums, failure to provide code -compliant wage statements, and other Labor Code violations. Before the Court is Defendants' motion to (1) compel arbitration of Plaintiffs' individual PAGA claims and (2) stay the representative PAGA claim pending resolution of the arbitration, which is opposed by Plaintiffs. As discussed below, the Court GRANTS Defendants' motion to compel arbitration of Plaintiffs' individual PAGA cla...
2024.03.14 Motion for Judgment on the Pleadings 698
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.03.14
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.03.14
Excerpt: ...s. (Complaint, ¶ 1.) O n March 5, 2015, Royal Coach and Miletak entered into an employment agreement in which Miletak agreed to participate in Royal Coach's Student Driver Trainee Program. (Id. at ¶ 5.) Under the program, Royal Coach would pay Student Driver Trainees to attend classroom instruction, enabling them then to apply for a commercial driver's license. (Ibid.) Upon completion of the program, Royal Coach had the option to hire trainees ...
2024.03.14 Motion for Preliminary Approval of Settlement 871
Location: Santa Clara
Judge: Adams, Charles F
Hearing Date: 2024.03.14
Location: Santa Clara
Judge: Adams, Charles F
Hearing Date: 2024.03.14
Excerpt: ... complaint wage statem ents, among other Labor Code violations. Before the Court is Plaintiffs' motion for preliminary approval of settlement, which is unopposed. As discussed below, if satisfactory clarification is provided concerning whether the notice will be provided in lan guages other than English, the Court will GRANT the motion. XIII. BACKGROUND According to the allegations of the operative Third Amended Complaint (“TAC”), Plaintiffs...
2024.03.14 Motion for Summary Judgment 017
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.03.14
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.03.14
Excerpt: ... (“UPI”). (Complaint, ¶¶ 4 -5.) Cheng, a licensed accountant, provided accounting services to the brothers and to UPI. (Id. at ¶¶ 2 -3, 6, 9, 14 & 19.) In 1991, UPI established a Money Purchase Pension Plan (“Plan 1”) and a Profit Sharing Plan (“Plan 2”). (Complaint, ¶ 10.) S cott made contributions and payments to Plan 1 and Plan 2. (Id. at ¶ 12.) In addition, UPI was required to make annual contributions to Plan 1 for Scott. ...
2024.03.14 Motion for Summary Judgment, Adjudication 224
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.03.14
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.03.14
Excerpt: ...n May 3, 2023, plaintiff s Lingsen and Hang Chun Leung (collectively, “Plaintiffs”) filed the FAC against defendants Welcome Market and Welcome Market's owner, Tawa Supermarket, Inc. (“Tawa”) (collectively, “Defendants”) asserting causes of action for: 1) Premises liability; 2) Negligence; and, 3) Loss of consortium. Defendants move for summary judgment, or, in the alterative, for summary adjudication of each cause of action, on the ...
2024.03.14 Motion to Compel Arbitration 219
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.03.14
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.03.14
Excerpt: .... App. 4th 1272, 1283 (citations omitted).) “The petitioner bears the burden of proving the existence of a valid arbitration agreement by a preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. [Citation.] In these summary proceedings, the trial court sits as a trier of fact, weighing all the affidavits, declarations, and other documenta...
2024.03.14 Motion to Compel Production of Docs 773
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.03.14
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.03.14
Excerpt: ...egligent repai r, and fraud by concealment. Plaintiffs now seek an order compelling Ford to produce documents relating to (1) the subject Vehicle (RFP Nos. 1, 3, 12, 15); (2) internal Knowledge and investigation Discovery (RFP Nos. 17, 19, 31, 36, and 39); (3) documents concerning summaries and memos regarding transmission defects (RFP Nos. 43, 45, and 46); (4) documents concerning buyback policies and procedures (RFP Nos. 56, 57, 58, 68, 69, and...
2024.03.13 Motion to Seal 785
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.03.13
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.03.13
Excerpt: ...license Old DivX's codec software. (Complaint, ¶ 1.) In 2013, Plaintiff and Old DivX allegedly amended the contract so Plaintiff could purchase a perpetual license to the Old DivX decoder software. (Id. at ¶ 2.) Plaintiff subsequently paid the perpetual license fee. (I bid.) Plaintiff alleges that it continued using, and reporting its use of, the perpetually licensed Old DivX software for the next eight years without any issues or disputes. (Co...