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5766 Results

Location: Santa Clara x
2024.03.12 Motion to Compel Further Responses 367
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.03.12
Excerpt: ...ges “[d]eff ects and nonconformities to warranty manifested themselves within the applicable express warranty period, including but not limited to, transmission defects, infotainment defects, body defects; among other defects and non -conformities. Plaintiff filed th is action on September 7, 2023, asserting various statutory claims, fraudulent inducement, and negligent repair. Plaintiff now seeks to compel FMC to produce further documents in ...
2024.03.12 Motion for Summary Judgment 396
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.03.12
Excerpt: ...urt granted both motions. Plaintiff now asks the Court to vacate its grant of summary judgment for Flowers pursuant to Code of Civil Procedure 473(b) because Plaintiff mistakenly filed her opposition to both motions late because she thought both motions were s et for January 22, 2024. Plaintiff's request is denied. While Plaintiff is correct that the Court declined to exercise its discretion to consider Plaintiff's late filed opposition because...
2024.03.12 Motion for Summary Judgment 355
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.03.12
Excerpt: ... enumerated “issues,” which the court heard on July 18, 2023. The court granted the motion with respect to Issue No. 5, determining “that Galan Ramirez, like all of the drivers on the roadways in California, had a duty to operate his vehicle in a safe and reasonable manner .” (July 18, 2023 Order at p. 6:5 -7.) The court denied the motion with respect to all of the other issues, none of which disposed of a cause of action, affirmative def...
2024.03.12 Motion for Summary Judgment 233
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.03.12
Excerpt: ...ting four causes of action against State Farm and/or non -insurance company defendants: (1) Breach of Contract (the insurance policy, alleged against State Farm only); (2) Breach of the Implied Covenant of Good Faith and Fair Dealing (insurance bad faith, alleged against S tate Farm only); (3) Negligence (against all defendants); and (4) Unfair Business Practices (against all defendants). While the specific insurance policy for the subject prope...
2024.03.12 Motion for Leave to Amend Complaint 157
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.03.12
Excerpt: ...d witnesses in December 2023, that revealed extensive new information concerning the management and problems at SSH necessitating the need to file an amended complaint. Because of the new information, Plaintiff now believes a claim for punitive damages is warranted. Plaintiff had initially pled punitive damages but voluntarily dismissed the claim without prejudice on April 10, 2023, approximately three months after filing the initial complaint....
2024.03.12 Motion for Judgment on the Pleadings 636
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.03.12
Excerpt: ...irst 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 11 March 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo --- Order on Defendant Ford Motor Company for Motion for Judgment on the Pleadings. I. Statement of Facts. On or about 15 March 2014, plaintiffs Sarah Gryder and Stanley Moore (“Plaintiffs”) ...
2024.03.12 Demurrer, Motion to Strike 570
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.03.12
Excerpt: ...rike the TACC; (3) defenda nt Hudson Insurance Company's (“Hudson”) motion to strike the TACC; and (4) Hudson's motion for sanctions against Abdo. Pursuant to California Rule of Court 3.1308, the Court issues its tentative ruling. I. Background This is an action for fraud and unfa ir business practices. According to the TACC, crossdefendant Jalal Shreim (“Jalal”) was the sole shareholder, president, and CEO of Friendly Wholesalers of Cali...
2024.03.12 Demurrer 869
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.03.12
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 11 March 2024. Please specify the issue to be contested when calling the Court and Counsel. Demurrer of Defendant Mvin ix Corporation To Plaintiff's Complaint. I. Statement of Facts. In or about 2010, plaintiff Han Bich Nguyen (“Nguyen”) secured 16.7% of the stock of defendant Mvinix Corporation (“Mvinix”). (Co...
2024.03.12 Demurrer 319
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.03.12
Excerpt: ...the Healing Wellness Cente r, Inc. (“Center,”) a California corporation located in San Jose. (FAC, ¶¶ 1 -4, 16.) Plaintiff agreed to provide chiropractic services for the Center's “group practice.” (FAC, ¶ 17.) The Agreement provided that Plaintiff “would be responsible for his own t axes, but said nothing [about] billing using CHIANG's Tax ID number, nor was the CENTER using CHIANG's Tax ID number discussed when negotiating” the A...
2024.03.12 Motion for Summary Judgment 406
Location: Santa Clara
Judge: Pennypacker, Evette D
Hearing Date: 2024.03.12
Excerpt: ...chael Maidy's, Timothy Cox's, Martin Pichinson's motion for summary judgment, and (6) Feeva Technology Inc.'s motion for summary judgment, against Cross- Defendant, Peter Kleidman. Pursuant to California Rule of Court 3.1308, the Court issues its tentative ruling. I. Bac kground This is an action for breach of settlement agreement allegedly entered to resolve lawsuit CrossDefendant Kleidman filed in 2013. According to the Cross- Complaint brough...
2024.03.07 Motion for Protective Order 407
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.03.07
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 06 March 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Order on Motion of Plaintiff for a Protective Order Concerning Mental Health Examination. I. Statement of Facts. The facts of this important matter are well known to this Court and counsel. II. ...
2024.03.07 Demurrer 765
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.03.07
Excerpt: ...ES in part Bernasconi's demurrer. This case arises out of a recorded interview between Hogan, Bernasconi, and Catherine Somers (Bernasconi's “podcast partner”) on June 7, 2023. (Complaint, p. 3:4.)1 After the interview, Hogan indicated to Bernasconi and Somers tha t she wanted to listen to the recording and wanted to play it on her own podcast, but Bernasconi allegedly deleted it. (Id. at p. 4:7, 4:10 -11, 4:16 -17.) Hogan filed this case tw...
2024.03.07 Demurrer 852
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.03.07
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 06 March 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Order On Defe ndant's Demurrer To Plaintiff's First Amended Complaint. I. Statement of Facts. In or around 21 January 2008, defendant Kiran Kumar Gunnam (“Gunnam”) commenced employment with plaintiff LSI Corpo...
2024.03.07 Demurrer 993
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.03.07
Excerpt: ..., was “enrolled in” Defenda nt Does 1 through 6-operated religious organizations (collectively, “Doe Church Defendants”) in California. (FAC, ¶¶ 1 -2, 5, 13.) While a minor, Plaintiff attended religious services at these organizations. (Id., ¶¶ 13, 15 -16.) The FAC alleges Plaintiff wa s a minor at the time of the assault, but it neither specifies the age of Plaintiff nor date(s) of the alleged assault. (Id., ¶ 2.) Defendant Doe 7 (...
2024.03.07 Motion for Final Approval of Settlement 353
Location: Santa Clara
Judge: Adams, Charles F
Hearing Date: 2024.03.07
Excerpt: ...ANTS th e motion, with litigation costs limited to $10,000. I. BACKGROUND Defendant employed Plaintiff and other non -exempt employees in California, and continues to do so. (First Amended Consolidated Class Action Complaint (“FAC”), ¶¶ 26 -27.) Plaintiff alleges that Defendant failed to pay minimum and overtime wages for all hours worked at the correct rate and within the required time. (Id., ¶ 29.) Plaintiff and other employees did not r...
2024.03.07 Motion for Preferential Trial Setting 051
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.03.07
Excerpt: ...e. 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 06 March 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Order on Motion of Plaintiff For Preferential Trial Setting. I. Statement of Facts. Plaintiff filed this complaint for damages and equitable relief on 28 July 2023.33 The complaint generally alleges that plainti...
2024.03.07 Motion to Enforce Purported Settlement Agreement 133
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.03.07
Excerpt: ...ril 10, 2023 email exchange demonstrates [that] the parties mutually consented to essential settlement terms— payment of $8,000 by Defendant in exchange for Plaintiff's dismissal . . . . These emails form an enforceable settlement contract under California law.” (Memo randum at p. 4:1 -4.) The court has reviewed these emails attached to the motion and finds that they are somewhat ambiguous as to whether the parties truly had a final enforce...
2024.03.07 Motion for Summary Adjudication 787
Location: Santa Clara
Judge: Rosen, Amber
Hearing Date: 2024.03.07
Excerpt: ...(See FAC, ¶ 34.) On the date of the signing of the loan agreement, Modesto Duran was in the hospital recovering from COVID; however, Zoe Hamilton, MF's representative, pressured Marisela to forge Modesto's signatures on the loan agreement. (See FAC, ¶ 35.) Defendants forced Plaintiffs to execute a promissory note — secured by a deed of trust to the home and Plaintiffs' commercial property at 373 South Twenty -Fourth Street in San Jose (“Com...
2024.03.07 Motion for Summary Judgment, Adjudication 215
Location: Santa Clara
Judge: Manoukian, Socrates P
Hearing Date: 2024.03.07
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 06 March 2024. Please specify the issue to be contested when calling the Court and Counsel. --- oooOooo--- Order On Motion Of Plaintiff For Summary Judgment, or, In The Alternative, Summary Adjudication. I. Statement of Facts. Defendants Full Power Properties, LLC and FPP MB LLC (“Owners”) are fee simple owner...
2024.03.07 Motion to Compel Arbitration 904
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2024.03.07
Excerpt: ...uest to dismiss the action pend ing the outcome of the arbitration is DENIED as MOOT. BACKGROUND On November 29, 2023, Plaintiff filed the instant action against Cloudbrink and its Chief Executive Officer, Mana. Plaintiff asserts seven causes of action in his Complaint for (1) [Whistlebl ower] Retaliation in Violation of California Labor Code sections 1102.5 and 98.6, (2) Fraudulent Misrepresentation, (3) Negligent Misrepresentation, (4) Breach ...
2024.03.07 Motion to Compel Further Responses 300
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.03.07
Excerpt: ...nd Requests for Prod uction Nos. 1, 2, and 4. In addition, State Farm requests $2,060 in monetary sanctions against both Herrera and his defense counsel. For the reasons that follow, the court GRANTS the motion to compel; in addition, it GRANTS the request for monetary sancti ons against Herrera only, not his counsel. The responses given to the discovery so far consist entirely of objections. As such, they are insufficient on their face. The reas...
2024.03.07 Motion to Compel Responses 673
Location: Santa Clara
Judge: Chung, Frederick S
Hearing Date: 2024.03.07
Excerpt: ...to hear Travelers' motion for summary judgment on this date (March 7, 2024), but Plaintiffs filed an ex parte application arguing that they needed additional discovery (and a motion to compel that discovery) before they could adequately respond to the summary judgment motion , under Code of Civil Procedure section 437c, subdivision (h). Without addressing the merits of Plaintiffs' discovery argument, the court granted the ex parte application, c...
2024.03.07 Motion to Quash Service of Summons 300
Location: Santa Clara
Judge: Monahan, William
Hearing Date: 2024.03.07
Excerpt: ... asserting it serve d Que by personal service in Hong Kong on August 10, 2023, at 7:49 PM. The proof of service indicates Chau Sinling Fanny (“Fanny”) served the papers on Que. Que specially appears to bring a motion to quash service by Plaintiff. II. Motion to Quash Que mo ves to quash service of summons on the ground the Court lacks jurisdiction over him because Plaintiff failed to properly serve him pursuant to international laws. a. Legal...
2024.03.07 Motion to Strike Declaration, to Seal, for Class Certification 132
Location: Santa Clara
Judge: Adams, Charles F
Hearing Date: 2024.03.07
Excerpt: .... (“CSC ”) to form Defendant DXC Technology Company (“DXC”) (the “Merger”). Before the Court are the following motions: (1) Defendants DXE, HPE, Mukesh Aghi, Amy E. Alving, David Herzog, Sachin Lawande, J. Michael Lawrie, Julio A. Portalatin, Peter Rutland, Mano j P. Singh, Robert F. Woods, Rishi Varma, Timothy C. Stonesifer, Jeremy K. Cox, and Margaret C. Whitman's (collectively, “Defendants”) motion to strike the declaration of ...
2024.03.06 Motion to Remand 292
Location: Santa Clara
Judge: Zayner, Theodore C
Hearing Date: 2024.03.06
Excerpt: ...rmation with Meta Platforms, Inc., without class members' knowledge or consent. The Complaint, filed by plaintiff Indigo Spalinger (“Plaintiff”) on February 28, 2023, sets forth the following causes of action: (1) Violation of the California Invasion of Privacy Act, Cal. P enal Code § 631; (2) Violation of the California Confidentiality of Medical Information Act, Cal. Civ. Code § 56.10; and (3) Invasion of Privacy Under California's Cons...

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