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4234 Results

Location: Santa Clara x
2023.02.02 Motion to Quash 455
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.02.02
Excerpt: ...ndant Sanctuary Systems LLC (“Sanctuary”). (Id.) Between January 2020 and April 2020, Sanctuary, defendant 305 Consulting LLC (“305 Consulting”), defendant Benham Pourdeyhimi (“Pourdeyhimi”), defendant Bryan Sigler (“Bryan”), and defendant Robert Sigler (“Robert”) made representations to Plaintiffs that: (1) Sanctuary was an industry leader in the design, manufacture, testing, and distribution of respiratory mask materials for...
2023.02.02 Motion for Summary Judgment 119
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2023.02.02
Excerpt: ...aint was filed by Plaintiffs Libby Reams, individually and as administrator of Decedent's estate, and Jon Speckman (“Plaintiffs”) on September 18, 2019. A separate complaint was filed on behalf of McCarthy (Case No. 19CV358560). On September 30, 2020, this court (Judge Barrett) consolidated the two cases solely for discovery and pretrial purposes. The present motion for summary judgment pertains only to the Reams/Speckman case. Plaintiffs fil...
2023.02.02 Motion for Protective Order 639
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.02.02
Excerpt: ...rdered them to conduct a face‐to‐face meet and confer and if that did not resolve the issues, to participate in an informal discovery conference (IDC). Because the parties were still in dispute over requests 3, 7, 8, 9, 12 and 21 at the December 13, 2022 hearing (see Minute Order of Jan. 4, 2023), this motion for protective hearing was set for February 2, 2023. The court notes that the parties' joint statement of December 6, 2022, included re...
2023.02.02 Motion for Judgment on the Pleadings 939
Location: Santa Clara
Judge: Kulkarni, Sunil R.
Hearing Date: 2023.02.02
Excerpt: ...or deny the allegations of her operative Second Amended Complaint (“SAC”) and (2) each of its affirmative defenses “does not plead how or why facts constitute a defense to a material allegation in the [SAC].” Plaintiff seeks an order striking the entire FAA and each of its affirmative defenses, and entering a judgment making certain findings and awarding relief to Plaintiff and other aggrieved employees. Defendants oppose Plaintiff's moti...
2023.02.02 Demurrer 542
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.02.02
Excerpt: ... of the foreclosure sale. (Id. at ¶¶ 21, 26.) Plaintiff's home was purchased at a trustee sale conducted by defendant Clear Recon. (See complaint, ¶ 25.) The trustee's deed upon sale shows that, after the payment of the unpaid debt, there remained excess foreclosure sale proceeds (“Excess Proceeds”) of roughly $1.6 million. (Ibid.) As Clear Recon's counsel, Aldridge sent Plaintiff and George a Notice of Surplus Funds on February 5, 2021. (...
2023.02.02 Motion to Quash 255
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.02.02
Excerpt: ...egligence. Plaintiff seeks damages for “(1) past and future medical and/or ancillary related expenses; (2) past and future medical and/or ancillary related expenses; (3) past and future income and/or earning capacity loss; (4) loss of ability to provide household services; and (4) incidental and consequential damages and/or property damage and lose of use.” Non‐economic damages include but are not limited to (1) past and future physical and...
2023.02.01 Motion for Preliminary Approval of Settlement 403
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.02.01
Excerpt: ... against Defendant, Daniel Rodas v. The Goodyear Tire & Rubber Co. (Los Angeles Superior Court, Case No. 21STCV28702) (the “Rodas Action”). Defendant removed the action to federal court, resulting in Daniel Rodas v. The Goodyear Tire & Rubber Co. (United States District Court, Central District of California, Case No. 2:21‐CV‐07526‐VAP). The Rodas Action involves the following causes of action: (1) violation of Labor Code §§ 510, 588, ...
2023.02.01 Motion for Final Approval, to Intervene 576
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.02.01
Excerpt: ...Complaint (“SAC”), filed on June 2, 2021, sets forth the following causes of action: (1) Failure to Pay All Overtime Wages Owed (Labor Code §§ 204, 510, 558, 1194, 1198); (2) Failure to Pay All Minimum Wages Owed (Labor Code §§ 1194, 1194.2, 1197); (3) Failure to Pay All Wages at the Agreed‐Upon Rate (Labor Code §§ 221‐223); (4) Failure to Provide Meal Periods (Labor Code §§ 226.7, 512); (5) Failure to Authorize and Permit All Res...
2023.02.01 Motion for Approval of PAGA Settlement 150
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.02.01
Excerpt: ...ve Action Complaint, which set forth a single cause of action for Violation of the Private Attorneys General Act [Cal. Lab. Code §§ 2698, et seq.]. On December 30, 2020, plaintiff Melissa Freitas (“Freitas”) filed an action, Melissa Freitas v. Vitamin Shoppe Industries Inc. (Monterey County Superior Court, Case No. 20‐ CV003549), which set forth a single cause of action under PAGA. Following mediation, Almadhi, Freitas, and defendant Vita...
2023.02.01 Motion for Preliminary Approval of Settlement 519
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.02.01
Excerpt: ...ollowing causes of action: (1) Failure to Pay Minimum Wages [Cal. Lab Code §§ 204, 1994, 1194.2, and 1197]; (2) Failure to Pay Overtime Compensation [Cal. Lab Code §§ 1194 and 1198]; (3) Failure to Provide Meal Periods [Cal. Lab Code §§ 226.7 and 512]; (4) Failure to Authorize and Permit Rest Breaks [Cal. Lab Code § 226.7]; (5) Failure to Indemnify Necessary Business Expenses [Cal. Lab Code § 2802]; (6) Failure to Timely Pay Final Wages a...
2023.02.01 Motion for Preliminary Approval of Settlement 890
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.02.01
Excerpt: ... notice. The Class Action Complaint (“Complaint”), filed on May 14, 2021, sets forth the following causes of action: (1) Violation of California Unfair Competition Law, Cal. Business & Professions Code §§ 17200‐17210; and (2) Declaratory Judgment. Plaintiffs Rakly Dominguez and Grace Dominguez (collectively, “Plaintiffs”) have reached a settlement with defendants All‐Pro Bail Bonds, Inc. (“All‐Pro”), Bankers Insurance Company,...
2023.02.01 Motion to Compel Arbitration and Stay Proceedings 577
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.02.01
Excerpt: ...Complaint”), on October 27, 2021, Plaintiff purchased a new product, manufactured by Defendant, that was subject to the warranty. (Id. at ¶ 42.) Plaintiff Hai Bui (“Plaintiff”) alleges that Defendant's warranty contains language that leads consumers to believe that third‐party repair of their products will void the warranty. (Id. at ¶¶ 2‐7, 17, 30‐32, 34, & 64.) Plaintiff further alleges that he is unable to repair his product via...
2023.02.01 Motion to Stay Action 844
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2023.02.01
Excerpt: ...019, sets forth the following causes of action: (1) Failure to Pay All Minimum Wages Owed; (2) Failure to Pay Overtime Wages; (3) Failure to Pay All Wages Due Each Pay Period; (4) Failure to Provide Meal Periods; (5) Failure to Provide Rest Periods; (6) Failure to Furnish Accurate Wage Statements; (7) Failure to Maintain Required Records; (8) Failure to Pay Wages Earned Upon Termination; (9) Unfair Competition in Violation of Business & Professio...
2023.01.31 Motion to Strike, Demurrer 845
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.01.31
Excerpt: ...ission, Inc. (“Allison”), Pacific Power Group, LLC (“Pacific Power”), and Coast Counties Truck & Equipment Company (“Coast”)(collectively, “Defendants”). (See Second Amended Complaint (“SAC”), ¶¶ 5‐12.) Plaintiff refers to Western, Superior, MJTS, and Murray as the “Delivery Defendants.” (See SAC, ¶ 14.) It refers to PACCAR, Allison, Pacific Power, and Coast as the “Manufacturer/Servicer Defendants.” (See SAC, ¶ ...
2023.01.31 Motion to Declare Vexatious Litigant 755
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2023.01.31
Excerpt: ...n 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 30 January 2023. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order On Motion of Defendant to Declare Plaintiff to Be a Vexatious Litigant. I. Statement of Facts. Plaintiff filed this complaint on 11 May 2021.3 Plaintiff alleges that he is an ethnic Arab M...
2023.01.31 Motion to Continue Trial 265
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2023.01.31
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 30 January 2023. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order On Motion of Defendants to Continue Trial. I. Statement of Facts. On 16 July 2020, Plaintiff filed his complaint for damages arising out of the incident described as follows:1 This case aris...
2023.01.31 Motion to Compel Further Responses 270
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2023.01.31
Excerpt: ...tional information about disability discrimination claims against FedEx by other deaf and hard‐of‐hearing employees around the country. According to McHaar, these discovery requests were prompted by the deposition of one of FedEx's senior HR managers, who testified about a consent decree and/or conciliation agreement between FedEx and the Equal Employment Opportunity Commission (EEOC) relating to 31 other such employees. Having reviewed the r...
2023.01.31 Motion for Summary Judgment 891
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.01.31
Excerpt: ...re the occurrence of an Urban “liquidity event” creating distributable cash resources in such an amount sufficient to fully repay the loan. (See fourth amended complaint (“4AC”), ¶ 9.) On January 18, 2016, Plaintiff was informed of an Urban liquidity event, and Plaintiff made a written demand for repayment in May 2016. (See 4AC, ¶ 10.) In December 2009, Plaintiff made a payment of $124,000, leaving a balance due of $858,365, but Defenda...
2023.01.31 Motion for Leave to Amend to Add Plaintiffs 829
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2023.01.31
Excerpt: ...y expelled (or forced to “voluntarily withdraw”) from SFHS based on conduct that occurred in 2017, before they were students at SFHS. More specifically, it alleges that in August 2017, they took two pictures of themselves after using acne facemasks. A copy of the first of these photos (attached to the complaint) has a timestamp of “August 17, 2017, 12:32 A.M.” and shows one of the minor plaintiffs and a friend with a white substance cover...
2023.01.31 Motion for Leave to Amend Complaint 525
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.01.31
Excerpt: ...fendants) oppose the motion, claiming that the new proposed pleading is in direct contradiction of the original complaint and verified discovery responses. In the alternative, defendants request that the matter be continued to allow further discovery as to the cause of death. CLAIMS Both sides recognize that leave to amend is liberally granted. Defendants claim that no leave should be granted here, in essence, because plaintiff will not be able t...
2023.01.31 Demurrer 826
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.01.31
Excerpt: ...l‐time job. (Ibid.) In addition to his employment at ATI, Plaintiff also maintained his own private law practice. (Ibid.) Around 2013, ATI became involved in litigation against another company. (Complaint, ¶ 13.) The litigation went on for seven years. (Ibid.) Plaintiff was involved in managing outside counsel, reviewing all substantial pleadings for discussions with them, consulting with them and ATI executives as to the status of the case, r...
2023.01.26 Special Demurrer 161
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2023.01.26
Excerpt: ...¶ 5.) Each property had numerous water delivery systems to be provided by San Jose Water, but neither association had a choice in selecting the water delivery entity. (Ibid.) San Jose Water had separate contracts with each association to provide water to their delivery systems; it assigned different billing numbers to each delivery source on Southcliff's property. (Ibid.) In 2016, Southcliff learned from a vendor that water from its designated d...
2023.01.26 Motion to Tax Costs 299
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.01.26
Excerpt: ...espondent Ali Heidari filed this motion to tax costs on the grounds that (1) Kelly is precluded from correcting his use of the wrong form for his memorandum of costs and (2) even if Kelly could submit an amended memorandum of costs on the correct form, each of those costs is improper. For the reasons set forth below, Heidari is wrong on both counts, and his motion to tax costs is DENIED. First, the Court has not been provided with any authority t...
2023.01.26 Motion to Strike 790
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2023.01.26
Excerpt: ...e, California (“Property”). (Complaint at ¶ 6.) Plaintiff Patrick O'Hara (“Plaintiff”) alleges he, and at least one of his neighbors, made numerous requests to cut down tall, dry, dangerous outgrowth and remove homeless encampments from the Property. (Id. at ¶ 9.) Caltrans however failed to maintain the Property in safe condition prior to June 17, 2021. (Id. at ¶ 7.) As a consequence, a fire broke out injuring Plaintiff and destroying ...
2023.01.26 Motion to Consolidate 787
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2023.01.26
Excerpt: ...eir corporation and defendant Milestone Financial, LLC dba MERS Link 4 (“MFL”) in this case are parties in the unlawful detainer case, but this case has additional defendants). Based on the Complaint, Answer and the parties' briefing and evidence, certain facts do not appear to be in dispute: Plaintiffs purchased the Glen Farm Court property in 2001, and, in 2004 through their corporation Tigere Duran, Inc., a commercial property located at 3...

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