Excerpt: ...rence Tuggle, Jr. ("Decedent"), a 66-year old African American man, was admitted to Santa Clara Valley Medical Center ("VMC"). (Complaint, 19.) Decedent was discharged in a wheelchair on December 6, 2021 at 2:55 pm and was found approximately an hour and thirty-five minutes later, alone and nonresponsive in the VMC lobby. (ld., 21-23.) Efforts to resuscitate Decedent, which were supervised by Dr. Sobrero, were unsuccessful and he was declared dea...

Excerpt: ...ty opposing the tentatve ruling must call Department 20 at 408.808.5856 and the opposing party no later than 4:00 PM on 07 June May 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order On Defendant Bernardo De La O's Demurrer To Plaintiff James De La O's Complaint. l. Statement of Facts. Plaintiff James De La O ("Plaintiff") brings this acton against defendants Bernardo De La O, Matthew De La O, and...

Excerpt: ...) Intero and the Roaches subsequently entered into a Residential Listing Agreement. (ld. at '1 3.) Mr. Alderese observed that the Roaches drove to and from the Property via Reynolds Drive and Montgomery Roach told Mr. Alderese that the Property could be accessed on Carlson Drive. (See FAXC, 6-7.) Based on these representations, Mr. Alderese listed the Property as having access from Reynolds Drive and Carlson Drive. (ld. at '18.) On July 9, 2015, ...

Excerpt: ...d an Answer to the FAC on September 23, 2022, followed by the operative Amended Answer to the FAC on January 10, 2023. Currently before the court are two motions: Zhou's demurrer to the Amended Answer, filed on February 9, 2023, contending that assertons therein fail to provide sufficient facts to constitute a defense or that the defense is uncertain, and Zhou's motion to disqualify the attorney representing We Party, Shanshan Zou. Regarding the ...

Excerpt: ... tentative ruling must call Department 20 at 408.808.5856 and the opposing party no later than PM on 05 June May 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order On Defendant John Doe I's Demurrer To Plaintiff's Complaint. l. Statement of Facts. In approximately 1977, plaintiff Jane Doe D.L ("Plaintiff") was enrolled as a ninth grade student at Oak Grove High School 0#rated by defendant John Doe...

Excerpt: ...fendants"). The operative Complaint filed on January 17, 2023 alleges that Defendants recorded a judgment lien on April 3, 2019, which operates as a cloud on the title of Plaintiffs' residence. (Complaint, 26.) The judgment lien was the last in a series of abstracts of judgments entered in a case between Defendant Cintora and Plaintiff Clifford Stanley and his former company, Bad Boys Bail Bonds, Inc. (Complaint at '1 14.) The court first entered...

Excerpt: ...e of achon for breach of contract on January 12, 2023. As noted in the court's prior order on demurrerl : Plaintiff is self- represented, which is sometmes referred to as appearing in propria persona. "[Wlhen 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 attor...

Excerpt: ...he tentative ruling must call Department 20 at 408.808.5856 and the opposing party no later than PM on 05 June May 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order On Defendant City Of Sunnyvale's Motion For Summary Judgment. l. Statement of Facts On or about 3 January 2021, plaintiff Lida Mikhaiel ("Plaintiff") was walking near the intersection of Reed Avenue and Evelyn Avenue in the City of Su...

Excerpt: ...n Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6855 and the opposing party no later than PM on 05 June May 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000m Order On Motion of Defendants Huajun Xiong and Haishi Zhang To Strike Allegations From The Complaint. l. Statement of Facts. Defendants Xiaohui (Judy) Xie and Huajun Xiong (collectively, "Hosts") are members of d...

Excerpt: ...ffer of compromise under Ctxle of Civil Procedure section 998 (the "998 Offer") was invalid and the work of the experts was neither reasonable nor necessary. under the particular circumstances of this case, the Court finds Santa Clara's 998 Offer was reasonable and made in gtnd faith. The lien language did not invalidate the 998 Offer. The 998 Offer was served in December 2020 and expired in February 2021. Expert fees incurred after February 2021...

Excerpt: ...that he argues shows Valdez was employed by Western at the time of the incident. (Decl. of Jasleen Singh in Support of Plaintiff's Opposition to Defendant Western Digital Corporation's Motion for Leave of Court to Withdraw and Amend Admissions ("Singh Decl."), SS" 19-24.) Now, two and one-half years after the action was filed, and six months before trial, Western contends, without disclosing any evidence, that Valdez was not a Western employee bu...

Excerpt: ...g lnc, Whispering LLC and Naren Chaganti. Regarding the demand for further production of documents, Travelers seeks further production relating to demands 1, 2, 3, 5, 7, 9, 10, and 11. Plaintiff responds that both motions are "too late." Regarding the motion to compel further Interrogatories, Plaintiff claims Defendant is attempting to "decide the entire case via a discovery motion," and asserts that Defendant is seeking "legal argument instead o...

Excerpt: ...FEHA; (2) Failure to Prevent Discriminaton and Harassment in violation of the FEHA (based solely on alleged failure to prevent discrimination, see 38), and; (3) Retaliation in violation of the FEHA. After Plaintiff brought a motion for leave to amend which was granted on February 28, 20224 the operative First Amended Complaint ("FAC") was filed on March 2, 2022 and states seven causes of action: (1) Race Discrimination in violation of the FEHA; (...

Excerpt: ...name "Findora." In Case No. 20CV372622 ("Ab-ttan"), Temujin alleges that Defendants and Crosscomplainants Ariel Abittan, Benjamin Fisch, and Charles Lu conspired to: (a) assert a false claim of ownership of its business; (b) misappropriate its trade secrets; (c) usurp and interfere with control over its assets, such as social media accounts; and (d) interfere with its relationships with investors and business partners. Mr. Abittan, a former busin...

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 17 regarding May 2023. Please specify the issue to be contested when calling the Court and Counsel. —0000000-— Order On Demurrer Of Defendant Level Home, Inc. to Plaintiff's Second Amended Complaint. l. Statement of Facts. Plaintiff SmartRent Technologies, Inc. ("SmartRent") is a smart home automation solution ...

Excerpt: ...ection 17200 et. seq. Defendants answered the complaint on December 19, 2019. According to the Complaint, Mr. Bettelheim owns a condominium unit in the Pigeon Loft Condominium Project ("Property"). (Complaint, 93.) Defendant Lorenzo Rios was acting as the director on the board of the Pigeon Loft Condominium Association ("HOA") despite not being elected to that position. (Complaint, 94.) Defendant Norma Rios is his wife, also acted as a director o...

Excerpt: ... to live together until 2019. (FAC, 4.) Around December 2012, they got married. (FAC, 5.) In December 2014, they had a wedding reception and invited their friends and family to celebrate their union. (FAC, '16.) In June 2014, they moved into a house they picked and purchased together, located at 10791 Dougherty Avenue, Morgan Hill, California 95037 (the "Property"). (FAC, '1 7.) Dang's friends and family loaned her approximately $140,000, which s...

Excerpt: ... statements, and committed other wage and hour violations. Now before the Court is Plaintiffs' motion for preliminary approval of a settlement, which is unopposed. As discussed below, the Court is inclined to grant preliminary approval, but wants Plaintiffs to provide additional information regarding Plaintiff Aguilar's Age Discrimination in Employment Act claim and to make certain minor modifications to the class notice. BACKGROUND Plaintiff Agu...

Excerpt: ... and deposition dates for SoundHound's person most knowledgeable deposition. Plaintiff first asked SoundHound for dates in November 2021. Plaintiff followed up again on February 4, 2022 and June 24, 2022 and did not receive dates. On July 18, 2022, Plaintiff served a notce of deposition for August 17, 2022. On August 11, 2022, SoundHound served objections, stated it "will not be producing a witness on August 17, 2022" and provided no alternative ...

Excerpt: ...intiffs to defer collection of their billings, and Plaintiffs initially obliged; however, as their legal needs expanded, Plaintiffs began requiring progress payments as a condition of both continued representation and continued delay of legal action on the accrued balance. (See complaint, 16-17.) In addition to legal service invoices, Plaintiffs sent accountings to Defendants periodically. (See complaint, '1 18.) Defendants did not question the a...

Excerpt: ...d. He filed the operative Second Amended Complaint ("SAC") on March 1, 2021, after retaining counsel. The SAC states claims for: (1) Breach of Contract (the insurance policy, a copy of which is submitted as Exhibit A to the SAC); (2) Fraud and Deceit (based on a denial of coverage letter which is not attached to the SAC as an exhibit); (3) "Intentional/Negligent Misrepresentation" (two separate causes of action pled as one, also based on the deni...

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 17 regarding May 2023. Please specify the issue to be contested when calling the Court and Counsel. Orders on Motions Of Defendant Kylix Enterprises to Compel Plaintiffs to Provide Further Responses to Request for Production of Documents, Set One; Form Interrogatories, Set One; Special Interrogator...

Excerpt: ...hearing concerned Plaintiff's Motion to Compel Defendants' Further Responses to Form and Special Interrogatories, Requests for Production and Requests for Admission and for Sanctions and Defendants' Motion for Protectve Order. The Court issued its tentative ruling on February 10, 2023, denying sanctions and granting, in part, the motions to compel and for protective order. However, the substance of those rulings is not the subject of Defendants' ...

Excerpt: ...e two motions: (1) Mr. Hess's motion to dismiss the remaining claims against him pursuant to Code of Civil Procedure sections 583.210; and (2) iTy Labs Corp.'s and Jose Cong's (collectively, the "iTy Defendants") motion to strike Plaintiff's jury demand as to the nan-stayed causes of action and equitable defenses, or in the alternative bifurcating the equitable and legal issues for trial with the equitable issues to be tried first.2 As discussed ...

Excerpt: ...his action arises out of an allegedly wrongful foreclosure of a residential property. According to the operative FAC, in August 2004 Turner purchased the property located at 315 Grandpark Circle in San Jose (the "Property"), which was secured by a Deed of Trust ("DOT") held by World Savings Bank. (FAC, 9-10.) The DOT is now held by both Shellpoint and Trinity; Trinity foreclosed on the Property by virtue of its position as second lienholder and s...