Excerpt: ...H. DISCUSSION A. Legal Standard Any matter admitted in response to a request for admission is conclusively established against the party making the admission for purposes of the pending action, unless the court permits a withdrawal or amendment of the admission under section 2033.300. (§ 2033.410, subd. (a).) A party may withdraw or amend an admission made in response to a request for admission only with leave of court granted after notice to al...

Excerpt: ...and on any terms as may be proper, allow a party to amend any pleading…' [Citation.] However, the court's discretion will usually be exercised liberally to permit amendment of the pleadings. The policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified.” (Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428.) “Although courts are bound to apply a policy of great liberality in...

Excerpt: ...or the services. Defendant breached the contract by failing to pay for services. It is further alleged that on January 14, 2014, defendant executed a written guaranty and addendum to the contract. The complaint alleges three causes of action for breach of the written engagement agreement, breach of the written guaranty agreement and for successor in interest. Trial is set for March 21, 2022. On December 21, 2021, plaintiff filed the instant motio...

Excerpt: ...call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on February 18, 2022. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION FOR JUDGMENT ON THE PLEADINGS I. Statement of Facts. Complaint Defendant Ali Kamarei (“Kamarei”) is in a romantic relationship with plaintiff Jane Doe's mother. (Complaint, ¶5.) Because of this romantic relationship, defendant Kamarei is often left a...

Excerpt: ...must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 18 February 2022. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON DEMURRERS TO THE CROSS‐COMPLAINT I. Statement of Facts Complaint In or about early March 2018, plaintiff Chaoliang Gu aka Colin Gu (“Gu”) first met defendant Peter Moran aka Pierre Moran (“Moran”) when he was applying for a product manager role at ...

Excerpt: ...e attending physician, Dr. Ngai Nguyen (“Dr. Nguyen”). (Ibid.) Dr. Nguyen determined that Huynh needed to be placed in a facility with skilled nursing care for his rehabilitation. (Ibid.) Dr. Nguyen recommended Mission De La Casa Nursing Center (“Mission”) to Huynh of which Dr. Nguyen wholly owns and controls. (Ibid.) Dr. Nguyen stated Huynh would be discharged from the nursing facility when he was stronger. (Ibid.) Dr. Nguyen told Huynh ...

Excerpt: ...y opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 09 February 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Demurrer to the First Amended Complaint by Defendant County of Santa Clara. I. Statement of Facts. This is a sexual assault action. According to the first amended complaint (“FAC”), beginning in o...

Excerpt: ...dividual Defendants were employed by Plaintiff. In or around March 2021, Individual Defendants created Rooled, also an accounting software and services company. Individual Defendants forwarded confidential information belonging to Plaintiff to their personal email accounts and poached dozens of Plaintiff's clients for Rooled. The FAC asserts the following causes of action: (1) misappropriation of trade secrets (against all Defendants), (2) breach...

Excerpt: ...6 I. BACKGROUND According the complaint, Plaintiff worked for Defendant from August 2011 to January 17, 2019 as an hourly, non‐exempt employee. (Complaint, ¶ 7.) During this time, he and other California employees were provided with wage statements that failed to identify Northrop Grumman's legal name and address; failed to identify any applicable hourly rates of pay; and failed to state employees' total hours worked accurately when overtime w...

Excerpt: ...ination. 2 The parties reached a settlement, which the Court preliminarily approved in an order filed on October 22, 2021. The factual and procedural background of the action and the Court's analysis of the settlement and settlement class are set forth in that order. Before the Court is Plaintiff's motion for final approval of the settlement and for approval of her attorney fees, costs, and service award. The motion is unopposed. As discussed bel...

Excerpt: ...roved in an order filed on October 22, 2021. The factual and procedural background of the action and the Court's analysis of the settlement and settlement class are set forth in that order. Before the Court are Plaintiffs' motions for final approval of the settlement and for approval of their attorney fees, costs, and service awards. The motions are unopposed. As discussed below, the Court GRANTS final approval, but awards only the $20,888.21 in ...

Excerpt: ... is opposed by Defendant. DISCUSSION I. Applicable Law “Motions for leave to amend are directed to the sound discretion of the judge: ‘The court may, in furtherance of justice and on any terms as may be proper, allow a party to amend any pleading…' [Citation.] However, the court's discretion will usually be exercised liberally to permit amendment of the pleadings. The policy favoring amendment is so strong that it is a rare case in which de...

Excerpt: ...treet, San 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 16 February 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order Motion of Plaintiff for Monetary, Issue, Evidence, and Terminating Sanctions for Spoliation of Evidence. I. Statement of Facts. Plaintiff filed this complaint on 19 April 2019. 1...

Excerpt: ...nts & Medical Credit Corporation, Inc. (“MMCC”) and James Matthew Hresko oppose this motion. Also at issue is a motion to quash for lack of personal jurisdiction by Mr. Brewer and Ms. Church, which Plaintiff opposes. As discussed below, the Court GRANTS the motion for leave to amend and DENIES the motion to quash. I. BACKGROUND MMCC is a Michigan corporation engaged in the business of collecting defaulted consumer debts in California. (Compla...

Excerpt: ...sing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 16 February 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion by Plaintiff for Summary Judgment re: Plaintiff's Verified First Amended Complaint, or, in the alternative, Summary Adjudication. I. Statement of Facts. Plaintiff Lan Bui (“Bui”), an individual a...

Excerpt: ...arty opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 16 February 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order On Motion of Defendant Kenzo Sudo for Summary Judgment; or in the alternative, for Summary Adjudication. I. Statement of Facts. In or around 1998, plaintiff Alan Yu (“Yu”) joined defendant Advan I...

Excerpt: ...parate discovery requests on Plaintiff: Demand for Inspection of Documents, Set One; General Form Interrogatories, Set One; Employment Form Interrogatories, Set One; Special Interrogatories, Set One; Requests for Admission, Set One. The time for responding to this discovery has long since expired. According to Plaintiff's Opposition papers filed on 2/1/22, the motions are moot because complete, code compliant verified responses to all of the disc...

Excerpt: ... 9, 2020. On November 9, 2021, plaintiff filed the instant motion to disqualify Sheppard, Mullin, Richter & Hampton (“SMRH”) as attorneys for defendant, strike answer of defendant, and for sanctions. On February 3, 2022, defendant filed opposition, and on February 8, 2022, plaintiff filed reply. Summary of contentions Plaintiff asserts that SMRH represents VMware in another, unrelated lawsuit, Awadallah v. VMware, Inc., filed with the Santa C...

Excerpt: ..., 2019, defendants filed a memorandum of costs. Plaintiffs appealed the anti‐SLAPP order, and on July 7, 2021, the Court of Appeal issued its opinion affirming the order (modified on August 11, 2021). Defendants are awarded their costs on appeal. On September 30, 2021 the Court of Appeal issued a remittitur which was amended on October 5, 2021. On October 28, 2021, defendants filed a second memorandum of costs on trial, and a memorandum of cost...

Excerpt: ...orth First Street, San 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 16 February 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Petition of Defendants to Compel Arbitration and Dismiss/Stay Action. I. Statement of Facts. Plaintiff filed this complaint on 26 January 2021. 14 Plaintiff is emp...

Excerpt: ...1 North First Street, San 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 14 February 2022. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ On Petition of McGrath Electric to Compel Contractual Arbitration. I. Statement of Facts. This matter is continued from 14 December 2021. On 31 January 2022, plaintiff d...

Excerpt: ...2, 2021, defendant filed the instant motion to vacate judgment. On February 3, 2022, plaintiff filed opposition. No reply is on file. Analysis The case involves entry of default of defendant and judgment on the default which is sought to be vacated by defendant. Under these circumstances, subdivision (b) of Code of Civil Procedure section 473 authorizes relief from default if the moving, defaulting party shows that the default was taken through t...

Excerpt: ...n for breach of promissory note, breach of contract and fraud. The action arises out of a loan from plaintiff to WRP for improvement of a real property in Mountain View, CA, a contract related to the project and representations of defendants made to plaintiffs related to the project and the experience and financial condition of WRP. Apparently, the project was not completed, the subject property went into foreclosure, and the loan was not repaid....

Excerpt: ...lement and the Plaintiff justifiably relied upon the statement [email] from Judge Overton that there is no settlement.” Plaintiff does not specify, but the Court presumes Plaintiff is seeking relief pursuant to Code of Civil Procedure §473(b) which provides that: “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her thr...

Excerpt: ... aggrieved employees for all hours worked, missed meal periods and rest breaks. (Complaint, ¶ 21.) KNI had the authority to hire and terminate Morris and other aggrieved employees and KNI exercised sufficient authority over the terms and conditions of their employment. (Complaint, ¶ 22, 23.) Morris and other aggrieved employees worked over eight hours a day and/or forty hours per week during their employment with KNI. (Complaint, ¶ 26.) Morris...