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5766 Results

Location: Santa Clara x
2024.03.28 Special Motion to Strike, for Attorney Fees 326
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.03.28
Excerpt: ...t for dismissal of the co mplaint as to all Defendants and all causes of action, without prejudice. Although Ari Law dismissed the complaint and never filed an opposition to the anti -SLAPP motions, the parties nevertheless appeared for the hearing on October 26, 2023 to address th e court's tentative ruling. In that October 25, 2023 tentative ruling, the court recognized that it no longer had jurisdiction to rule on the motion to strike, given ...
2024.03.28 Demurrer to SACC 012
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.03.28
Excerpt: ...�Property). Steleco LLC and Kipling Post LP were the owners (collectively, the “Owners”) of the Property and KOA was the project architect. (SACC, ¶¶ 8 -9.) The Owners filed a cross -complaint against DPR for breach of written contract, which alleges various construction deficie ncies and damages for breach of contract. (SACC, ¶ 12.) Plaintiff Pacific States Environmental Contractors, Inc. (“Pacific States”) initiated this action a...
2024.03.28 Demurrer 170
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.03.28
Excerpt: ...arch 23, 2022. It filed the operative First Amended Complaint (“FAC”), adding defendant Link Corporation (“Link”), on March 15, 2023. The FAC states claims for: (1) Fraud in the Inducement (against AMS, Achkar, and various Does); (2) Fraud and Deceit (against AMS, Achkar, and vario us Does); (3) Breach of Contract (against AMS and various Does); (4) Breach of the Implied Covenant of Good Faith and Fair Dealing (against AMS and various Do...
2024.03.28 Motion to Compel Responses, for Protective Order 156
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.03.28
Excerpt: ...oduction. The par ties asked the court to hear this matter on shortened time (essentially, within nine calendar days of the court having received the parties' ex parte papers). Because this case is set for a trial on July 22, 2024, the court agreed to do so, with an exceptionally truncated briefing schedule. The court has now reviewed the parties' filings. Because of the rushed nature of this hearing, the court makes the following preliminary o...
2024.03.28 Demurrer 807
Location: Santa Clara
Judge: Adams, Charles F
Hearing Date: 2024.03.28
Excerpt: ...sed by TCL. As discussed below, Defendants' demurrer to the Complaint and the claims asserted therein on the ground of failure to state sufficient facts is SUSTAINED WITH 20 DAYS' LEAVE TO AMEND and their demurrer to the Complaint on the ground of uncertainty is OVERRULED. IX. BAC KGROUND According to the allegations of the Complaint, Cadence is a worldwide leader in Electronic Design Automation (“EDA”), as well as semiconductor intellectual ...
2024.03.28 Demurrer 929
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.03.28
Excerpt: ...ssues its tentativ e ruling. I. Background This action arises from the tragic death of Mr. Henry Gonzales. On May 26, 2021, a mass shooting occurred at a SCVTA's railyard in San Jose. Mr. Henry Gonzales (Decedent) was employed by SCVTA and present on the day of the shooting . Mr. Gonzales witnessed the murder of his co -workers, and/or saw his co -workers within minutes after they were murdered, causing him to suffer severe emotional and psycholo...
2024.03.28 Demurrer to FAC 659
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.03.28
Excerpt: ...er at a single family residential proper ty located at 1321 Paramount Drive in Saratoga ("Project Site"). (First Amended Complaint ("FAC"), ¶12.) Pursuant to the Pool Contract, plaintiff OCI paid defendant VSP a sum of no less than $106,800. (Id.) The Pool Contract included an express warranty. ( FAC, ¶13.) Pursuant to the Pool Contract, the swimming pool's interior plaster finish was to consist of "Aqua Blue Pebble,...
2024.03.28 Demurrer 600
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.03.28
Excerpt: ...operty at 374 Surber Dr. in San Jose (the “Property”). (Complaint, ¶ 7.) Defendant Rochelle Deleersnyder is real estate salesperson working with NRT West, Inc. dba Coldwell Banker (collectively “Coldwell”) and defendant Nakul Kapoor is a real estate salesperson worki ng with Intero Real Estate Services, Inc. (collectively “Intero”). (Complaint, ¶¶ 2, 3.) Coldwell and Intero were the designated listing agents for the Property on beh...
2024.03.28 Motion for Preliminary Approval of Settlement 070
Location: Santa Clara
Judge: Adams, Charles F
Hearing Date: 2024.03.28
Excerpt: ...s, among other Labor Code violations. Before the Court is Plaintiff's 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 languages other than English, the Court will GRANT the motion. I. BACKGROUND According to the allegations of the operative First Amended Complaint (“FAC”), Plaintiff was employed by Defendants as ...
2024.03.28 Motion for Preliminary Approval of Settlement 962
Location: Santa Clara
Judge: Adams, Charles F
Hearing Date: 2024.03.28
Excerpt: ...iums, and failed to pr ovide code-complaint wage statements, 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 th e notice will be provided in languages other than English, the Court will GRANT the motion. XIII. BACKGROUND According to the allegations of the operative Third Amended C...
2024.03.28 Motion for Summary Judgment 970
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.03.28
Excerpt: ...nts”). The origin al and still-operative complaint, filed on January 17, 2023, alleges that Defendants improperly recorded a judgment lien on April 3, 2019, which operates as a cloud on the title of Plaintiffs' residence. (Complaint, ¶ 26.) The judgment lien was the last in a series of abstracts of judgments entered in a case between defendant Cintora and plaintiff Clifford Stanley and Stanley's former company, Bad Boys Bail Bonds, Inc. (Los ...
2024.03.28 Motion for Summary Judgment, Adjudication 546
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.03.28
Excerpt: ...allegations of the Complaint, on July 28, 20201, Plaintiff tripped and fell on broken, raised and/or uneven pavement on the sidewalk located in front of 1904 Serge Ave., San Jose, California (“Subject Premises,”) sustaining serious injuries. (Complaint, ¶¶ 9, 13 -14, 19.) Plaintiff asserts that her injuries were the result of Defendant City's acts and omissions (Complaint, ¶ 10) and cross -complainant Kindig's2 negligent failure to maintai...
2024.03.28 Motion to Compel Arbitration 050
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.03.28
Excerpt: ...er, or managing agent of Sierra. Paragraph 6 of Plaintiff's Sierra employment agreement, which he does not dispute he signed at the time he was employed, is titled “Mutual Agreement to Arbitrate Claims” and states in the only boxed text in the agreement: “This disp ute resolution agreement is a contract and covers important issues related to ES's [employee's] rights. It is ES's sole responsibility to read it and understand it. ES is free to...
2024.03.28 Motion to Compel Responses 188
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.03.28
Excerpt: ...n, ¶ BC -1, exh. A.) Baro n did not pay amounts owed pursuant to the contract and Plaintiff thus suffered contractual damages and additionally seeks interest. (See FAC, first cause of action, ¶¶ BC -2 -BC -5, second cause of action, ¶¶ CC -1 -CC -3, third cause of action, ¶¶ BC -1 -BC -5, fourth cause of action, ¶¶ CC -1 -CC -4.) On December 5, 2022, Plaintiff filed the FAC against Defendant, asserting causes of action for: 1) Breach o...
2024.03.27 Demurrer 066
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.03.27
Excerpt: ... causes of action: (1) V iolations of Unfair Competition Law (Cal. Bus & Prof. Code §§ 17200, et seq.) (“UCL”); and (2) Violations of California Consumers Legal Remedies Act (Cal. Civ. Code §§ 1750, et seq.) (“CLRA”). In the Complaint, Plaintiff alleges Defendant unlawfully charg ed him 20 cents for recycled grocery bags when he used his WICs Electronic Benefit Transfer card (“EBT”) or voucher to purchase groceries, in violation ...
2024.03.27 Motion for Final Approval of Settlement 153
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.03.27
Excerpt: ...��), filed on Nove mber 4, 2021, sets forth the following causes of action: (1) Failure to Reimburse Business Expenses (Labor Code § 2802); (2) UCL Violations (Cal. Bus. & Prof. Code §§ 17200 -17204); and (3) PAGA Penalties (Labor Code § 2698 et seq.). The parties have reache d a settlement. Plaintiff Valerie Boyer (“Plaintiff”) moved for preliminary approval of the settlement. On August 30, 2023, the court continued the motion for preli...
2024.03.27 Motion for Preliminary Approval of Class and Representative Action Settlement 427
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.03.27
Excerpt: ...h the following causes of action: (1) Violation of Cal. Labor Code §§ 510 and 1198 (Unpaid Overtime); (2) Violation of Cal. Labor Code §§ 226.7 and 512(a) (Unpaid Meal Period Premiums); (3) Violation of Cal. Labor Code § 226.7 (Unpaid Rest Period Premiums); (4) Violation of Cal. Labor Code §§ 1194, 1197 and 1197.1 (Unpaid Minimum Wages); (5) Violation of Cal. Labor Code §§ 201, 202 and 203 (Final Wages Not Timely Paid); (6) Violation of ...
2024.03.27 Motion to Seal Certain Exhibits 879
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.03.27
Excerpt: ...Plaintiff”). Plai ntiff's original Complaint, filed on September 30, 2019, set forth the following causes of action: (1) Breach of Contract; (2) Breach of the Implied Covenant of Good Faith and Fair Dealing; (3) Intentional Misrepresentation; (4) Promise Without Intent to P erform; (5) Fraudulent Omission; (6) Breach of Fiduciary Duty; (7) Quasi -Contract Based on Unjust Enrichment; (8) Violation of California Bus. & Prof. Code § 17200; (9) I...
2024.03.27 Motion to Seal Portions of Demurrer 055
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.03.27
Excerpt: ... (“Cypress”) agreed that KFEI would serve as a nonexclusive distributor of Cypress products to Japanese companies and their affiliates. On November 25, 2019, KFEI filed a complaint against Cypress, alleging claims for: (1) Breach of Contract; and (2) Breach of the Covenant of Good Faith and Fair Dealing. On September 10, 2021, KFEI filed a First Amended Complaint against Cypress, which set forth the following causes of action: (1) Breach of...
2024.03.26 Motion to Strike or Tax Costs 936
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.03.26
Excerpt: ...d she was owed, and Ward later entered a settlement with Cytobank. Cytobank filed an action for interpleader, deposited the amount of lien Costanzo obtained against Ward's recovery, and named Ward, the Constanzo Law Firm, and the McClure Law Firm as defendants. W ard initiated a fee arbitration, and the arbitrators found Costanzo was not entitled to fees. Ward had already paid the arbitration fee, and the arbitrators ordered that Ward be respons...
2024.03.26 Motion to Set Aside Default 377
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2024.03.26
Excerpt: ...ion”]; Stepan v. Garcia (1974) 43 Cal.App.3d 497, 500 [the court may take judicial notice of its own file].) Accordingly, the court takes judicial notice of its own file in this matter. Plaintiff's moving papers filed 10/10/2023 and on 2/1/2024 show her address is: 2694 G LEN DOON CT, SAN JOSE, CA 95148. Here, the proof of service filed 6/29/2022 shows that Defendant was served by substitute service. It states that the summons and complaint...
2024.03.26 Motion to Quash 965
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.03.26
Excerpt: ...rding to the complai nt, Citizens is in the sign, construction, and advertising business. (Complaint, ¶ 8.) In 2018, Citizens brought a civil rights action against the City of San Jose (the “2018 federal action”). (Id. at ¶ 9.) In September 2018, Citizens entered into a wr itten representation agreement with Defendants, who handled various aspects of the 2018 federal action. (Id. at ¶¶ 10 -14.) In 2020, the City of San Jose filed a lawsu...
2024.03.26 Motion for Summary Judgment 179
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.03.26
Excerpt: ... complaint, Moreno was injured on July 6, 2021 when an outdoor wall dividing property between the defendants fell over. There are no exhibits attached to the complaint, and the complaint itself is notably quite vague as to how Moreno came to be at the location where the wall collapsed and how the several defendants are liable for his injury. The complaint for the most part refers only to “Defendants.” Currently before the court is a motion fo...
2024.03.26 Motion for Reconsideration 612
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.03.26
Excerpt: ...e context of Pla intiff's motion for RFP set one, and that the Court (J. Manoukian) issued an order on December 19, 2023 compelling Xilinx only to turn over the identity of the employees, but not their actual text messages. As such, the Court should not now compel the turn ing over of those same text messages. In reply, Plaintiff argues that because the Court was “deeply troubled” by Defendant's argument that text messages of its employees se...
2024.03.26 Motion for Leave to Amend Complaint 435
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.03.26
Excerpt: ...r action mo ot. The trial court in Department 12 (Judge Isger) then set the matter for an order to show cause re: dismissal on September 21, 2023. At the OSC hearing, Fang asked that the case not be dismissed in order to proceed with the case as an ordinar y civil ac tion. He also asked that his ex parte application to amend his complaint be granted. The court denied the ex parte application “without prejudice” and sent the matter back to the...

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