Excerpt: ...t Pendergrast (“Pendergrast”) entered into an oral agreement pursuant to which Pendergrast was to perform various construction work on the interior and exterior of Plaintiff's home and complete such work by March 15, 2015. Pendergrast agreed to complete all work with a valid license, which he expressly represented that he possessed, obtain all necessary permits, complete all work in accordance with local and state codes, and complete the work...

Excerpt: ..., 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 02 August 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order Motion of Plaintiff to Disqualify Defense Counsel. I. Statement of Facts. This complaint was filed on 10 August 2020.17 The complaint generally involves claims under California securiti...

Excerpt: ... 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 02 August 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion of Defendant to Compel Plaintiff to Produce Further Responses to Special Interrogatories, Request for Production of Documents, and for Monetary Sanctions. I. Statement of Facts...

Excerpt: ...y and Does 1 to 20 “negligently, carelessly and/or recklessly dropped a metal plate on Plaintiff's hand” at Amberwood Gardens. (Complaint, ¶ GN‐1.) Additionally, McEssy and Does 1 to 20 “negligently, carelessly and/or recklessly trained, supervised, managed and/or hired the employee who dropped the metal plate.” (Ibid.) McEssy and Does 1 to 20 allegedly owed Plaintiff a duty of care and their alleged conduct breached their duty of care...

Excerpt: ...s‐Complaint on December 18, 2019 against various companies including Plaintiff's employer Pine Building Maintenance. Plaintiff was injured at the premises leased by Pine Building Maintenance from Defendant. The narrative portion of the Complaint alleges that on March 28, 2018 Plaintiff “fell through the ceiling of the subject premises,” 761 Marbury Road, Ste. 65, San Jose, CA 95133. Plaintiff's employer, a janitorial business that rents spa...

Excerpt: ...��), among other things. According to the allegations of the operative FAC, Plaintiffs are the owners of a property located at 670 E. Duane Ave in Sunnyvale (the “Property”). (FAC, ¶ 11.) On October 9, 2018, Plaintiffs took out a loan with Milestone in the amount of $975,000 secured by a deed of trust on the Property. (Id., ¶ 12.) During the initiation of the process to obtain the loan, Plaintiffs requested a five‐year term but were infor...

Excerpt: ...an 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 2 August 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Orders on: (1) Demurrer and Motion to Strike to the Third Amended Complaint by Defendant Stanford Health Care; and (2) Demurrer and Motion to Strike to the Third Amended Complaint by Defendant Gu...

Excerpt: ...m in Santa Clara County Superior Court, Case No 1‐09‐FL151906. Plaintiff was initially represented in the proceeding by defendant Bradford Baugh (“Baugh”) until he took over his own representation as a pro se party. Plaintiff alleges, among other things, that Baugh was engaged in a conspiracy with Plaintiff's sister, Jeanne Schmidt (“Schmidt”) and her domestic partner, Kenefick, to terminate a 2014 action filed by Plaintiff against th...

Excerpt: ... TENTATIVE RULING RE: SPECIAL MOTION TO STRIKE The above‐entitled action comes on for hearing before the Honorable Patricia M. Lucas on July 28, 2021 at 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I. INTRODUCTION According to the allegations of the Complaint, filed on October 24, 2019, plaintiff Velocity Investments, LLC (“Velocit...

Excerpt: ...tive ruling as follows: I. INTRODUCTION This is a representative action arising out of various alleged wage and hour violations. The First Amended Representative Complaint, filed on April 22, 2021, sets forth a single cause of action pursuant to the Private Attorneys General Act of 2004 (PAGA). Now before the court is a motion to quash by specially appearing defendant Jerry Huang (“Huang”). 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20...

Excerpt: ... I. INTRODUCTION This is a putative class action. According to the allegations of the Second Amended Class Action Complaint for Damages and/or Declaratory Judgment and/or Injunctive Relief (“SAC”), filed on May 12, 2020, plaintiff Lowri McGill (“Plaintiff”) was a resident and tenant at a residential rental property known as Vine by Vintage. (SAC, ¶ 1.) Plaintiff alleges she lives in a street‐level apartment with her husband and two you...

Excerpt: ...st 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 21 July 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order On Motion of Plaintiff to Compel Defendants to Provide Further Responses to Interrogatories and Request for Production of Documents. I. Statement of Facts. This complaint was fil...

Excerpt: ...e an amended complaint was granted by the Court (Hon. Barrett) on January 4, 2021 in an order which explained in detail why the motion was granted to add another defendant, Hermitage Brewery Company (“HBC”) and the operative First Amended Complaint (“FAC”) was filed that same day. The FAC states four causes of action: (1) Hostile Work Environment Harassment in violation of the FEHA (Gov. Code §12940(j)); (2) Failure to Prevent Harassment...

Excerpt: ...d of Supervisors. (First Amended Complaint [“FAC”] at ¶ 10.) Plaintiff's immediate supervisor was Megan Doyle (“Doyle”). (Id. at ¶ 11.) In early 2018, Plaintiff informed Doyle that she was considering retiring after many years of service. (FAC at ¶ 13.) Doyle urged Plaintiff to delay her retirement until after one of the Board of Supervisors left office. (Ibid.) Plaintiff, albeit reluctantly, agreed to delay her retirement. (Ibid.) The...

Excerpt: ...y party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 26 July 2021. Please specify the issue to be contested when calling the Court and Counsel. Order on Motion of Defendants Rajaa Sonai and Maria Menjivar for Judgment on the Pleadings. I. Statement of Facts. A. The Complaint. Plaintiff Green Foods, LLC (“Green Foods”) owns and operates restaurants, delis, as well as whol...

Excerpt: ... with members of his family and it was agreed that his eldest sibling, Sze, and his sister, Shirley, would be Plaintiff's attorneys‐ in‐fact and manage his personal and financial affairs due to his health issues. (Id.) Because of Shirley's proficiency in English, it was agreed that that she would manage a rental property (a duplex in Santa Clara) owned by Plaintiff (the “Property”). (Id.) It was further agreed that Shirley would become a ...

Excerpt: ...y chips. ATKK argues that these chips began failing, causing their switches to fail, which in turn has caused ATKK to spend substantial amounts to repair and replace the switches and to deal with customer complaints. ATKK also argues that Micron made negligent misrepresentations about the chips, and also fraudulently concealed the scope of the chip problems to, in part, induce ATKK to continue buying Micron chips. ATKK seeks millions of dollars i...

Excerpt: ...f the towing of Plaintiff's vehicle from premises owned or controlled by Defendants. Plaintiff contends his vehicle was towed without proper authorization and in violation of law. Defendants deny the tow was unauthorized or unlawful. Plaintiff served Defendants with discovery directed at obtaining certain documents relating to the relationship between Defendants and the towing company that towed his vehicle (Rebello's) As is more fully stated bel...

Excerpt: ...wner of record for the real property located at 14341 Browns Lane, Los Gatos, California. On or about October 31, 2017, Defendant ZDE Holdings, Inc became the owner of record for the real property located at 14331 Browns Lane, Los Gatos, California. The Browns Lane properties were purchased with the funds from BST. BTS is an electronics and computer recycling company started by Plaintiffs Zack and Danny Kowitz in 2015. This dispute arises out of ...

Excerpt: ...posing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 21 July 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Orders on: 1. Motion of Plaintiff for Order to Quash Deposition Subpoenas, for Protective Order, Request to Enforce Agreement, and for Sanctions; 2. Motion of Defendant to Compel Further Responses to Request for Produ...

Excerpt: ...s”) and ABC Legal Services, Inc. (“ABC”) to serve legal process in the prior action upon Plaintiff, by delivering a copy of the summons and complaint to Plaintiff. (See complaint, ¶ 15.) On June 3, 2011, Solis and ABC composed a document titled Proof of Service of Summons in which they represented that they had served Plaintiff with a copy of the summons complaint and related documents and thereafter, Defendants filed the proof of service....

Excerpt: ...ion. According to the allegations of the operative FAC, Figuli, a licensed real estate broker, has been in business as an interior designer operating under the name and business entity Lilac & Level Interiors, LLC since 2016. (FAC, ¶ 6.) In July 2016, Figuli created a website for Lilac to help showcase her work and advertise her services and the website, as well as Figuli's presence on social media, serve as important marketing tools for her bus...

Excerpt: ...an 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 21 July 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Orders on Motions of Plaintiffs to Compel Defendants to Provide Further Responses to Special Interrogatories and to Request for Admissions and Form Interrogatories. I. Statement of Facts. The fact...

Excerpt: ...According to the allegations of the Complaint, defendants Christine Sellers and Mark Viera (collectively, “Owners”) own a building located at 224 North 27th Street in San Jose (the “Property”). Defendants T‐Mobile and Ericsson, Inc. (“Ericsson”), in turn, are the owners of a cellular antenna tower located on the roof of the building. (Complaint, ¶ 7.) On May 4, 2016, Plaintiff, an employee of ProCell, was at the Property to perform...

Excerpt: ...vent prejudicing her interest in the litigation. On July 7, 2021, defendants Stephen Lam and Eva Sung (“defendants”) filed opposition and on July 14, 2021, plaintiffs filed reply. Summary of contentions Plaintiffs assert that Ms. Sultan is age 74, and suffers from multiple debilitating illnesses that have deteriorated her physical health and brain function such that preference in trial setting is necessary. Plaintiffs assert that Ms. Sultan r...