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 3 March 2021. Please specify the issue to be contested when calling the Court and Counsel. Demurrer and Motion to Strike to the Second Amended Complaint by Defendant Stanford Health Care I. Statement of Facts. Plaintiffs Harriet Tom (“Harriet”), individually and on behalf of the Estate of Darrell Tom (“Darrel...

Excerpt: ...ntained therein. I. Background A. Factual 1. Complaint This is a collection action. According to the allegations of the operative complaint (“Complaint”), on March 1, 2019, Cross‐Defendant and Pars Powers entered into a written agreement pursuant to which the former agreed to provide various services to the latter. (Complaint, ¶ 12, Exhibit A.) That same day, Patel, in his individual capacity, executed a written guarantee for the obligatio...

Excerpt: ... by Defendant Chicago Title Company (“CTC”) filed November 20, 2020. Any opposition to this demurrer was required to be filed by no later than February 19, 2021. As no opposition was filed before or on that date, the demurrer is considered unopposed. Plaintiff is self‐represented, which is 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,...

Excerpt: ... 1:30 p.m. in Department 3. The court now issues its tentative ruling as follows: I. INTRODUCTION This is a putative consumer class action brought pursuant to the California Fair Debt Buying Practices Act (“CFDBPA”). Plaintiff Bruno Fleming (“Plaintiff”) seeks statutory damages against defendant Oliphant Financial, LLC (“Defendant”) arising from its routine practice of sending initial written communications that provide the notice req...

Excerpt: ... 2019, Halstead entered into a written agreement with defendant Esguerra‐Aguilar, Inc. (“Esguerra”) to provide the latter with construction services in connection with improvements for the Shapes Fitness for Women center (the “Premises”). (Complaint, ¶ 6, Exhibit A.) On July 20, 2019, Esguerra allegedly breached this agreement by failing to pay for all amounts due thereunder, and currently owes Halstead the principal sum of $327,535.50...

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 1 March 2021. Please specify the issue to be contested when calling the Court and Counsel. Order on Demurrer of Defendants Triumph Capital Partners, LLC, Servis One, Entra Default Solutions and MFA Financial to Plaintiff's First Amended Complaint. I. Statement of Facts. Plaintiff filed this comp...

Excerpt: ...ng the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 1 March 2021. Please specify the issue to be contested when calling the Court and Counsel. Order on Motion of Plaintiff for Judgment on the Pleadings. I. Statement of Facts. Plaintiff filed this complaint on 22 September 2017.3 Plaintiff, a debt buyer as defined by Civil Code, § 1788.50, alleges that it is the assignee of Synchrony Ban...

Excerpt: ...et, 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 1 March 2021. Please specify the issue to be contested when calling the Court and Counsel. Order on Motion of Plaintiffs for Leave to File First Amended Complaint. I. Statement of Facts. Plaintiffs filed this complaint on 10 April 2020.8 South County Chrysler Dodge Jeep Ram, LLC was a licensed vehicle deale...

Excerpt: ...nted to the Court that they would be entering into a settlement agreement and a dismissal with prejudice was entered on March 20, 2019.1 The original complaint in this action was filed on September 2, 2020. The operative First Amended Complaint (‘FAC”), filed October 15, 2020, states claims for 1) Breach of Promissory Notes and 2) Claim and Delivery. The FAC alleges (at ¶¶7‐10) that as part of the written settlement agreement in the prior...

Excerpt: ...d harassment arising out of a landlord‐tenant relationship in an apartment complex. According to the allegations of the operative Second Amended Complaint (“SAC”), Defendants are the owner, landlord and/or property managers of the tenement located at 628 North Jackson Avenue, Apartment 10, in San Jose (the “Subject Premises”). (SAC, ¶ 5.) Francisco initially entered into a written rental agreement for the Subject Premises, which was su...

Excerpt: ...y owned by Defendant Sonic Stevens Creek B, Inc. (“Sonic”) is an “authorized repair facility” of Defendant BMW of North America LLC (“BMW”). The FAC further alleges that since Plaintiff purchased the vehicle, it has been delivered for repair five times to Steven Creek Chrysler Dodge for repair of nonconformities to warranty with unsatisfactory results. (FAC at ¶¶5‐9.) The original complaint was filed on December 10, 2019. The FAC,...

Excerpt: ...ovember 2017, plaintiff filed the present action for employment discrimination and retaliation, asserting that Hologic retaliated against her for complaining about the possible violations and terminated her employment. Plaintiff served request for production of documents, set three (“RPD”). Defendant served responses, including objections. Ultimately, plaintiff filed the present motion to compel further responses. The parties participated in ...

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 1 March 2021. Please specify the issue to be contested when calling the Court and Counsel. Order On Motion of Plaintiff to Deem Requests for Admissions to be Admitted. I. Statement of Facts. Plaintiff filed this complaint on 19 January 2018. 5 Plaintiff is an assignee of a written contract between a seller of a vehicle to d...

Excerpt: ...reet, 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 1 March 2021. Please specify the issue to be contested when calling the Court and Counsel. Order Denying Motion of Defendants to Enforce Settlement. I. Statement of Facts. The complaint in this matter was filed on 15 June 2018. The lawsuit concerns a residential mortgage loan for their6 primary residence....

Excerpt: ...oyees; and retaliate against employees. Plaintiff also brings a range of individual claims arising from his employment with Google. Before the Court are four motions to compel discovery by Plaintiff, which Google opposes. As discussed below, the motions are GRANTED IN PART and DENIED IN PART. I. BACKGROUND A. Factual According to the operative complaint, plaintiff had a successful career in Illinois as the former chief executive officer of a fami...

Excerpt: ..., Duy Vu, Thao Vu and Hien Vu (collectively “Plaintiffs”) on November 13, 2019 stated claims for 1) Motor Vehicle Negligence; 2) General Negligence, and; 3) Negligent Infliction of Emotional Distress. On September 8, 2020 the Court (Hon. Barrett) adopted its uncontested tentative ruling granting Plaintiffs' motion for leave to file a First Amended Complaint (“FAC”) to add a fourth cause of action, a survivor action, brought by Plaintiff X...

Excerpt: ...ose. 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 24 February 2021. Please specify the issue to be contested when calling the Court and Counsel. Order on Motion of Plaintiff to Compel Defendant to Provide Financial Records. I. Statement of Facts. Plaintiff filed this complaint in propria persona on 10 September 2019. 7 Plaintiff alleges that defendant committed a b...

Excerpt: ...rth 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 24 February 2021. Please specify the issue to be contested when calling the Court and Counsel. Order on Motion of Defendants to Compel Depositions of Arturo Vega and Plaintiff's PMQ. I. Statement of Facts. Plaintiff filed this complaint on 23 July 2019. 11 This is an action for collection of $...

Excerpt: ... 2020. During the course of the deposition SO was asked about the identity of a person with whom she had consumed alcohol in the past. She identified that person by name. When asked if she knew his phone number she volunteered that it was stored on her cell phone. Nguyen's counsel asked her to look the number up and SO's counsel objected that the notice of deposition did not include a request to produce electronically stored information (ESI). CC...

Excerpt: ...ear to be brought by both William Eichen and Gimmel Entrepreneurs Group as Plaintiffs against Defendants Omniscience Corporation, Sunil Rawat, Manu Shukla, Pallavi Ramnarain, Marge Anderson, Kenneth Coleman, Translink Capital, LP and Oriza Ventures. Currently before the Court is the motion for judgment on the pleadings (“JOP”) brought by individual Defendants Sunil Rawat, Manu Shukla, Pallavi Ramnarain, Marge Anderson and Kenneth Coleman (her...

Excerpt: ...otion for final approval of the settlement and for approval of her attorney fees, costs, and service award. Plaintiff's motion is unopposed. As discussed below, the Court GRANTS final approval. I. LEGAL STANDARD FOR CLASS ACTION SETTLEMENT APPROVAL Generally, “questions whether a [class action] settlement was fair and reasonable, whether notice to the class was adequate, whether certification of the class was proper, and whether the attorney fe...

Excerpt: ...ely flat and vacant dirt lot, owned by defendant EAH, Inc. dba EAH Housing (“EAH”). (See SAC, ¶¶ 2, 6, 13.) Defendant Shreya Shah (“Shah”) was the project manager employed by EAH for the construction of the Bella Salici apartment complex on the property. (See SAC, ¶ 6.) EAH and defendant City of Morgan Hill (“City”) shared joint control in the planning, building and construction of the project and hired defendants L & D Constructio...

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 22 February 2021. Please specify the issue to be contested when calling the Court and Counsel. Orders on: 1. Defendants Rivian Automotive, Incorporated and Rivian Automotive, LLC's Demurrer to Second Amended Complaint; 2. Defendants Savayia Bero, Tami Pascale, Vince Tanner Duran, and Kim Wong's Demurrer to Plainti...

Excerpt: ...ble Patricia M. Lucas on February 24, 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 In the two related cases of 16CV300096 and 18CV338986, Plaintiff Velocity Investments, LLC (“Velocity”) asserted claims against defendants Maria Antonia Canul (“Canul”) and Eva Marcelo Pascual (“Pascual”), respectively...

Excerpt: ...ble Patricia M. Lucas on February 24, 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 In the two related cases of 16CV300096 and 18CV338986, Plaintiff Velocity Investments, LLC (“Velocity”) asserted claims against defendants Maria Antonia Canul (“Canul”) and Eva Marcelo Pascual (“Pascual”), respectively...