Excerpt: .... 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 April 2021. Please specify the issue to be contested when calling the Court and Counsel. Order on Defendant Chrisp Company's Motion for Summary Judgment. I. Statement of Facts. Defendant, The Irvine Company, LLC (“Irvine Co.”), is the owner of real property located at 3485‐ 3585 Monroe Street in Santa Clara ca...

Excerpt: ...ory of liability, (3) the 1992 public release of the AcerPAC 150 computer publicly disclosed the alleged trade secrets, which Plaintiff failed to take reasonable efforts to protect, and (4) Intellisoft has not sufficiently identified its alleged trade secrets. Also before the Court is Intellisoft's motion to seal one exhibit associated with its opposition. As discussed below, the Court GRANTS Acer's motion on the ground that Intellisoft's sole th...

Excerpt: ... while the action was removed to federal court and was not filed in this Court until February 22, 2021. The FAC states claims for: (1) Violation of Civil Code §1793.2(d) (against Ford Motor Company only); (2) Violation of Civil Code §1793.2(b) (against Ford Motor Company only); (3) Violation of Civil Code §1793.2(a)(3) (against Ford Motor Company only); (4) Breach of Express Written Warranty; Civil Code §1791.2(a); §1794 (against Ford Motor ...

Excerpt: ... Family Dental Group. As an initial matter the Court notes that Plaintiff is self‐represented, sometimes referred to as proceeding in propria persona. “[W]hen a litigant is appearing in propria persona, he is entitled to the same, but no greater, consideration than other litigants and attorneys. Further, the in propria persona litigant is held to the same restrictive rules of procedure as an attorney.” (Burnete v. La Casa Dana Apartments (2...

Excerpt: ...ed that, in the event a defect developed with the subject vehicle during the warranty period, Plaintiffs could deliver the subject vehicle for repair services and the subject vehicle would be repaired. (See complaint, ¶¶ 9‐10.) During the warranty period, the subject vehicle had: latent defects causing oil flow to become restricted through vital areas of the engine; defects related to the engine; defects causing the driver's door to be misali...

Excerpt: ...e and Lee Nora Filice (the “Filices”), grantors, and the State of California (the “State”), as grantee, executed a Grant Deed (recorded April 29, 1958) (the “Grant Deed”), which effectuated three transfers of various interests in real property owned by the Filices (the “Original Filice Land”). (Complaint, ¶¶ 26‐27 and Exhibit 4.) The first transfer was of a fee interest in “Parcel 1” from the Filices to the State and was m...

Excerpt: ...se. 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 April 2021. Please specify the issue to be contested when calling the Court and Counsel. Demurrer to the First Amended Complaint by Defendant Mountain View Whisman School District. I. Statement of Facts. Plaintiff Niketha Shetty (“Plaintiff”) (self‐represented), filed this complaint on 5 August 2020.2 This i...

Excerpt: ...s tentative ruling as follows: I. INTRODUCTION Plaintiff Jeremiah Brooke (“Plaintiff”) brings this action against defendant Lusamerica Foods, Inc. (“Defendant”) for various wage and hour violations and corresponding claims for statutory unfair competition and civil penalties under the Private Attorney General Act (“PAGA”). Now before the court are: (1) Defendant's motion to compel arbitration of Plaintiff's individual claims, to dismi...

Excerpt: ...entative ruling as follows: I. INTRODUCTION This is a putative class action arising out of alleged violations of the Fair Credit Reporting Act (“FCRA”), the California Investigative Consumer Reporting Agencies Act (“ICRAA”), and the California Consumer Credit Reporting Agencies Act (“CCRAA”). Plaintiff also alleges violations of the Labor Code and Business and Professions Code. The First Amended Complaint sets forth the following caus...

Excerpt: ...with Defendant; she offered to buy the property and planned to move into it with her children in case something happened with her personal relationship with Defendant. (See FAC, ¶ 26.) Defendant told Plaintiff that she should instead use the property as an investment property and told her to renovate it. (See FAC, ¶ 27.) Defendant told Plaintiff that if she renovated the property, rented it out, and added Defendant's name to the deed for the pr...

Excerpt: ...h of a written contract between the parties (a “Master Service Agreement” or “MSA” attached to the Complaint as exhibit A) which contains a provision stating that the venue for disputes arising from the MSA will be Santa Clara County. Currently before the Court is Plaintiff's demurrer to Armor's Third Amended CrossComplaint (“TACC”), filed pursuant to stipulation and order on November 25, 2020.1 The TACC states two cross‐claims: (1)...

Excerpt: ...ust 7, 2020 and states claims for: (1) Professional Negligence (against all Defendants); (2) Breach of Fiduciary Duties (against Defendant Carney and Doe defendants only), and; (3) Constructive Fraud (against Defendant Carney and Doe defendants only). This action arises from prior litigation between Plaintiff and her adult siblings, disputes over ownership of real property. The first of these appears to have been case no. 16CV292847, in which two...

Excerpt: ... party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 12 April 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion of Defendant Cirrus Design Corporation for a Protective Order. I. Statement of Facts. This complaint was filed on 29 October 2020.5 In this wrongful death action arising out of an airplane cr...

Excerpt: ...al Notice of Pleadings filed in the instant action. Evidence Code section 452(d), provides that the Court may take judicial notice of “[r]ecords of any court of this state.” Section 452(d) permits the trial court to “take judicial notice of the existence of judicial opinions and court documents, along With the truth of the results reached—in the documents such as orders, statements of decision, and judgments ....” When the adverse party...

Excerpt: ...roup of San Jose, Anesthesia Medical Group of Santa Cruz and Lisa Ferguson, M.D. According to the allegations of the operative Second Amended Complaint (“SAC”), Plaintiff had an appendectomy in December 2016. (SAC, ¶ 10.2.) One month later, she began experiencing severe pain and gastrointestinal distress. (Id., ¶¶ 10.8‐ 10.12.) To address her symptoms, she underwent another procedure at the end of January 2017. (Id., ¶ 10.17.) During th...

Excerpt: ...h 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 12 April 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion of Defendants Granite Rock Company and Ricardo Cuevas Valencia to Compel Plaintiff to Undergo a Neuropsychological Evaluation. I. Statement of Facts. Plaintiff fi...

Excerpt: ...hristina, westbound on Highway 92 when a vehicle driven by Defendant, who was heading eastbound, suddenly swerved, crossing over the double yellow center lines and striking Plaintiffs' vehicle head‐on. Plaintiffs suffered serious injuries as a result. Plaintiffs allege that Defendant was intoxicated at the time of the incident and consumed alcohol knowing that he would subsequently being operating a motor vehicle, and thus exhibited a conscious...

Excerpt: ...tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 7 April 2021. Please specify the issue to be contested when calling the Court and Counsel. ‐‐‐oooOooo‐‐‐ Order on Motion of Plaintiff to Compel Defendant to Comply with Code of Civil Procedure, § 2031.320. I. Statement of Facts. Plaintiff filed this form complaint in propria persona on 5 May 2020. 36 Plaintiff claims that defendan...

Excerpt: ...dge Socrates Peter Manoukian in Department 20 in the Old Courthouse, 2nd Floor, 161 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 7 April 2021. Please specify the issue to be contested when calling the Court and Counsel. ORDER ON MOTION BY DEFENDANT 422692 ONTARIO LIMITED, AN ONTARIO, CANADA CORP. DBA TFX INTERNATIONAL SPECIALIZED VEHIC...

Excerpt: ...eal estate and prepared a Real Estate Transfer Disclosure Statement (“TDS”) on September 16, 2016 and a CAR Seller Property Questionnaire (“SPQ”) on September 15, 2016, denying any knowledge of any past or present known material facts or significant items affecting the value or desirability of the property not otherwise disclosed to Plaintiffs. (See complaint, ¶¶ 2, 9‐10, exh. B.) On November 14, 2016, escrow closed and the sale of th...

Excerpt: ...,000, through the payment of a $1,000 initial deposit, $69,000 at closing, and $75,000 through a promissory note with a payment schedule. (See SAC, ¶¶ 11‐13, exh. A.) Vuong and Nguyen's wife, Binh Duy Pham (“Pham”) signed the promissory note to pay the remaining $75,000, secured by the deed of trust to real property at 3081 Balgray Ct. in San Jose. (See SAC, ¶ 14, exh. B.) The promissory note provided that Vuong and Pham were required to...

Excerpt: ... while the action was removed to federal court and was not filed in this Court until February 22, 2021. The FAC states claims for: (1) Violation of Civil Code §1793.2(d) (against Ford Motor Company only); (2) Violation of Civil Code §1793.2(b) (against Ford Motor Company only); (3) Violation of Civil Code §1793.2(a)(3) (against Ford Motor Company only); (4) Breach of Express Written Warranty; Civil Code §1791.2(a); §1794 (against Ford Motor ...

Excerpt: ... opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 7 April 2021. Please specify the issue to be contested when calling the Court and Counsel. Demurrers to the Complaint by Defendants Bank of Hawaii and MTGLQ Investors LP I. Statement of Facts. Plaintiff Leire Funk, aka Leire Ferro (“Plaintiff”), filed this complaint on 6 February 2020.1 According to the complaint, Plaintiff i...

Excerpt: ... landlords. Plaintiff contends that a dispute has arisen between it and the successor landlords over the interpretation of several portions of the lease (sections 4, 5 and 8) relating to expenses, maintenance and repair of the premises. The original and still operative Complaint filed September 22, 2020 states claims for: 1) Breach of Contract ; 2) Breach of the Implied Covenant of Good Faith and Fair Dealing; 3) Declaratory Relief; 4) Fraud (int...

Excerpt: ...osing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 7 April 2021. Please specify the issue to be contested when calling the Court and Counsel. Demurrer to the Complaint by Defendants Google LLC and YouTube LLC. I. Statement of Facts. Plaintiff Olanza Sanders (“Plaintiff”) (self‐represented), filed this complaint on 1 September 2020. 2 The complaint pertains to the California Con...